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'We're ready' | Abby Zwerner's attorney talks next steps in lawsuit against NNPS

More than two months after police say a 6-year-old boy shot his teacher, Zwerner's attorneys are close to filing a lawsuit against the school division.

NEWPORT NEWS, Va. — It's a question the nation has asked since the shooting at Richneck Elementary School in Newport News: What happens next?

Months after a 6-year-old boy's actions shocked the community when police say he shot his teacher, Abby Zwerner, many eyes are watching the case closely to see what next steps are taken in this unprecedented incident. 

"Abby has suffered an unthinkable tragedy," said Zwerner's attorney, Diane Toscano.

Zwerner recently spoke out on NBC's TODAY Show with Toscano by her side. According to the AP, she spoke about her mental journey following the incident, saying she remembers the look on the child's face when he pulled the trigger. 

Toscano took on the case shortly after the shooting, claiming multiple teachers warned the school's assistant principal that day four different times about the boy having a gun. She said the administrator ignored the concerns and didn't take any action.

RELATED: Richneck principal wasn't informed of student having a gun on campus, lawyer says

13News Now confirmed with Newport News police that no one called law enforcement that day regarding the potential threat, a school policy we reviewed.

"There were failures in accountability on many levels that led to her being shot and almost killed by a 6-year-old student," said Toscano. "Abby was a dedicated, caring first-grade teacher. She isn't expendable. We're not going to allow them to move on as if nothing happened and that's why we're ready to file the lawsuit."

Toscano is now making bigger moves on her lawsuit against Newport News Public Schools. That includes bringing in more legal experts.

13News Now was the first to confirm Virginia Beach personal injury attorney, Jeffrey Breit, is joining the efforts to fight for Zwerner's case in court.

"My goal has been to make sure that we fight for justice for Abby," said Toscano. "I'm still bringing on experts and rounding out our team, so that is happening, and we're going to have a team ready to fight for Abby and be able to go to trial."

Newport News Commonwealth's Attorney Howard Gwynn says the current law does not support charging the 6-year-old boy.

The top prosecutor hasn't pressed charges against the boy's parents at this time.

Toscano says she is paying close attention to Gwynn's decisions.

"It's important in a case of this magnitude to be able to give it 100% focus and get this done the way it needs to be done for Abby," said Toscano.

13News Now will cover the lawsuit once Toscano files it in circuit court.

We reached out to Newport News Public Schools regarding the lawsuit. A spokeswoman for the school division says administrators cannot comment at this time.

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