NEWPORT NEWS, Va. (WAVY) – On Monday the mother of the six-year-old child who police say shot his first-grade teacher Abby Zwerner in January of this year pleaded guilty to two felony charges in return for the federal prosecutors recommending a shorter sentence.

The charges include unlawful user of a controlled substance in possession of a firearm and making a false statement during the purchase of a firearm.

According to the plea agreement between Deja Taylor and the Federal Prosecutor’s Office, in exchange for a guilty plea from Taylor, the prosecutors will only recommend 18-24 months in federal prison.

WAVY News sat down with Billy Jackson, a former federal prosecutor who is in no way affiliated with the case, to discuss the plea. He says Taylor could be sentenced to as much as 25 years in federal prison.

Jackson says there are three main types of plea agreements: A, B, and C.

In an A plea the government drops some charges in exchange for a defendant pleading guilty to others.

In a B plea, which is what Deja Taylor’s plea is, in exchange for the defendant pleading guilty to their charges the government will recommend a maximum of an agreed upon sentence or guidelines however a judge still has final say.

In a C plea, the defendant pleads guilty to charges in exchange for the prosecutor to recommend a reduced sentence, to which the judge must adhere.

“What I would watch out for is the judge going above the guidelines range; again the government cannot recommend a sentence above 24 months,” Jackson explained. “But the judge can certainly impose a sentence of more than 24 months, and given the fallout from Ms. Taylor’s gun possession, given that her son got ahold of that gun and shot a teacher during school with all those children around and the fallout from that.”

WAVY spoke with Jackson right after the federal charges were filed. At that time Jackson said that prosecutors would have to prove contemporaneous (meaning at the time of the purchase), historical, and regular drug use.

“They spell it out very clearly, they had all of those things,” he said.

“Taylor admits that she was a daily user of marijuana and marijuana products for approximately 11 years, up to, including, and after July 19, 2022,” the statement of facts reads.

July 19, 2022 was the date prosecutors say Taylor purchased the firearm used in the shooting.

The statement of facts also described an incident where Williamsburg police pulled over a vehicle that Taylor was driving with two other people, who we have since learned is Malik Ellison and their then four-year-old son.

“You can take out that whole traffic stop and that statement of facts supports both convictions,” Jackson said. “Yet, somehow that found its way into the statement of facts.”

He said this may be the prosecutors, “painting a picture of child neglect.”

“When prosecutors and defense attorneys negotiate – I was a prosecutor with the Justice Department for almost 30 years – we have disagreements and some of them are serious, some of them are over language,” Rossi, one of Taylor’s attorney’s said. “And we came to an agreement, and we moved ahead. It’s something that oftentimes happens when you negotiate a plea. Nothing serious.”

The language of the plea was a sticking point, so serious, in fact, both parties almost walked away. Jackson clarified that this may be because some of the language of the plea is language you would typically see in a C plea, where the judge is bound to the plea, however this is a B plea where the judge, while considering the prosecutor’s recommendation makes the final decision about sentencing.

Taylor is next due in federal court for sentencing in October. She is also due in Newport News Circuit Court in August for the state charges of felony child neglect and misdemeanor recklessly leaving a loaded firearm so as to endanger a child.

WAVY TV 10 will be there for both cases as we continue to follow this case.