NEWPORT NEWS, Va. (WAVY) – NBC News reports Wednesday that the Newport News Commonwealth’s Attorney says the 6-year-old who shot his teacher on Jan 6. will not be facing charges.

Newport News Commonwealth’s Attorney Howard Gwynn said in an interview with NBC News that the “prospect that a 6-year-old can stand trial is problematic” and that he does not believe there is a legal basis to charge the child.

On Thursday, Newport News police released a statement on behalf of the Commonwealth’s Attorney’s Office stating that their main objective is “to charge any person with any crimes that we believe we can prove beyond a reasonable doubt.”

“First, let me say on behalf of myself and my entire staff that we pray for a full and speedy recovery for Ms. Zwerner.

In January of this year, the unimaginable happened in our city — a 6-year-old brought a gun to school and shot his teacher. Almost immediately, the Newport News Police Department began the thorough and painstaking work of investigating the shooting. Several weeks ago, the results of that investigation were turned over to my office, to include three binders and hours and hours of police body camera footage. In spite of the national attention that this incomprehensible act has brought to our city, our objective is the same as it has always been — to be thorough, to be objective, and to apply the law to the facts fairly and impartially. And after that analysis is done, our objective is to charge any person with any crimes that we believe we can prove beyond a reasonable doubt.

This office has had a long-standing policy of not discussing publicly pending cases or investigations. Pursuant to that policy, this office will have no further public comment until its work is completed.”

Newport News Commonwealth’s Attorney’s Office

The lawyer representing Newport News teacher Abby Zwerner filed a lawsuit in January against Newport News Public schools, stating that the incident could have been “entirely preventable”.

Virginia trial lawyer Diane Toscano stated that over the course of the day on Jan. 6, the school administration was warned three times by teachers and employees that the student had a gun on him at school.

Toscano continued by saying that instead of taking action, the administration did not follow the necessary safety protocols and did not call the police.

Since the Jan. 6 shooting, The Newport News School Board voted to fire Superintendent Dr. George Parker III. The school district has also heightened security since students have returned back to school. Some of those security measures are metal detectors and clear bookbags.