The mother of a 6-year-old boy who shot his teacher in Virginia earlier this year pleaded guilty to federal gun charges Monday as recent court filings contradict her lawyer’s claim that the gun used was securely stored.
Deja Taylor was charged last week with illegally using drugs while owning a firearm and making a false statement about using marijuana when she purchased the gun, court records show. Her son used the weapon to shoot first-grade teacher Abby Zwerner in January.
Taylor, who is also charged in state court in connection with the shooting, could face up to 25 years in prison on the federal charges, but Taylor’s attorneys agreed to a negotiated plea agreement with prosecutors that calls for a sentence of 18 to 24 months in prison.
“Federal requirements for firearm ownership are not optional and exist to protect owners, their family members, and the communities where they live,” Jessica D. Aber, U.S. attorney for the Eastern District of Virginia, said in a statement after the plea hearing. “Failing to abide by those requirements when purchasing or possessing a firearm can have far-reaching consequences.”
The shooting sparked national attention and criticism in Newport News, Virginia, as concerns were raised over whether school administrators could have prevented the incident. Administrators currently face a $40 million lawsuit filed by Zwerner, who was critically injured in the shooting.
Taylor’s federal charges also appear to be relatively rare at a time when marijuana is legal in many U.S. states, including Virginia.
NEWPORT NEWS SCHOOL SHOOTING:Deja Taylor, mother of 6-year-old who shot teacher in Virginia, to face new federal gun charges
What are the charges filed against Deja Taylor?
Prosecutors allege Taylor knew she was an “unlawful user of marijuana” when she bought a gun last year, but she indicated she wasn’t on a form, according to court documents.
Taylor also admitted to being a daily marijuana user for about 11 years and that her “chronic” use of the drug was not recreational, according to court documents.
Although it’s legal to grow or have weed in Virginia, it is still considered a controlled substance under federal law, which generally prohibits people from possession of firearms if they are an unlawful user of a controlled substance, among other things.
Taylor also was arrested in April and charged in state court with felony child neglect and recklessly leaving a loaded firearm so as to endanger a child, a misdemeanor. She is expected to stand trial in August and faces up to six years in prison if convicted on those charges.
Her lawyer Gene Rossi called the case “a perfect storm of horrible consequences.”
“It’s a terrible tragedy because a wonderful teacher’s life was almost taken, but it’s also a tragedy because a very young boy, a very young son got hold somehow of a gun owned by Ms. Deja Taylor,” Rossi told USA TODAY. “Ms. Taylor’s role in this tragedy is a complete accident, but she will have forever have guilt for what her son did.”
Sentencing set for October
Taylor is scheduled to be sentenced on Oct. 18 on the federal charges. Rossi said he expects Zwerner and other school officials may testify at the sentencing hearing, but Diane Toscano, Zwerner’s lawyer, said that’s not for sure.
James Ellenson, another lawyer for Taylor, said in a statement that Taylor’s legal team will present “mitigating evidence,” which they hope will be taken into consideration during sentencing.
Ellenson said he had “very constructive negotiations with federal authorities” about the plea.
Court records: Federal agents discovered marijuana in mother’s residence
Federal prosecutors said federal agents searched through Taylor’s purse and residences she shared with her grandfather and mother where they found large amounts of marijuana and drug paraphernalia.
On Jan. 19, almost two weeks after Taylor’s son shot his teacher, court documents said federal agents discovered narcotics packaging, narcotics paraphernalia, marijuana, marijuana edible packaging, a box of ammunition, and a black firearm barrel lock at the home of Taylor’s grandfather.
Agents also searched the residence of Taylor’s mother, where Taylor had been staying at the time, and found more marijuana products. Further investigation into Taylor revealed “the pervasive scope of Taylor’s marijuana use,” federal prosecutors wrote.
The investigation also uncovered that Taylor was arrested in April 2021 after she was pulled over in a traffic stop for speeding in Williamsburg, Virginia, according to court documents.
The Williamsburg Police officer conducting the stop allegedly “detected an overwhelming odor of marijuana coming from the vehicle” and “marijuana was in plain view inside the vehicle,” federal prosecutors wrote.
Taylor’s son, who was 4 years old at the time, was in the vehicle with her and was sitting “directly next to … several marijuana edibles that looked like rice treats,” court documents allege. The vehicle, Taylor’s purse and a backpack of another person in the car were also searched and allegedly contained more marijuana products, pills, and digital scales.
Taylor denied knowledge of all drugs in the vehicle.
Federal prosecutors allege no lockbox for gun was found
The top prosecutor handling the case told reporters in March Taylor’s would not face any charges. Ellenson previously said it is unclear how the boy got the gun, which was secured with a trigger lock and stored on a high shelf in a closet.
But court documents show that federal agents did not find a lockbox, trigger lock, or a key to a trigger lock in either of Taylor’s residences when they did their search in January.
While authorities did find a firearm barrel lock at the home of Taylor’s grandfather, federal prosecutors said the lock had been in a garbage bag that was filled a few weeks before the shooting.
“The attorney’s statements that the gun was safely secured defied common sense, now we know it also defied the evidence,” Toscano, Zwerner’s lawyer, said in a statement to USA TODAY.
What happened the day of the shooting?
Taylor’s son, who has not been identified, shot Zwerner on Jan. 6 while she was reading to students in her classroom at Richneck Elementary in Newport News. Zwerner was shot in the hand and the chest, according to police.
The school district was repeatedly warned the boy might have a gun the day of the shooting, according to the $40 million lawsuit Zwerner filed alleging gross negligence. The boy had a history of behavioral challenges and violence towards teachers, the lawsuit said.
Taylor has said her son has ADHD. The boy’s family also said he was typically accompanied to class by a parent as part of a care plan with the school, but he was unaccompanied for the first time the week of the shooting because his behavior had improved.
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Contributing: The Associated Press