NEWPORT NEWS, Va. (WAVY) — Attorneys for former Richneck Elementary School teacher Abigail Zwerner and the Newport News School Board clashed Friday in Newport News Circuit Court over information that each side said they’re refusing to provide the other.

Zwerner was shot by one of her 6-year-old students in January 2023 and filed a $40 million lawsuit against the school board, former assistant principal Ebony Parker and former Newport News Public Schools superintendent Dr. George Parker III for failing to prevent the situation. The mother of the 6-year-old boy, Deja Taylor, was convicted on gun and child neglect charges.

Defense attorneys for the school board said they requested information from Zwerner that she refused to provide, as they’re seeking all emails, text messages and social media posts she made or received in reference to that day, as well as facts that support her claim that school officials are liable for what happened.

Zwerner’s attorney said the defense has all the information they need already from their deposition and police interviews and are just fishing for more information. Meanwhile, Zwerner’s attorney said school officials are taking the fifth on too many questions in their deposition.

“And I think the court will hear that now on Dec. 5,” said attorney Jeffrey Breit Friday. “There are certain things that might be incriminating to someone that’s under indictment. But understanding what her training was, what she did during that fall, what did they do about this boy has nothing to do with the Fifth Amendment or criminal risk. And so, we need the judge to address it. The judge hinted this summer, ‘look, let’s come back and see what she does.’ Take the Fifth Amendment. We have to question-by-question.”

A jury trial that had been scheduled for January has now been moved due to the setbacks. It is now scheduled to start Oct. 27, 2025.

A jury trial for former Richneck Elementary assistant principal Ebony Parker, who faces eight charges of felony child abuse with disregard for life in connection to the shooting — one count for each of the eight bullets that were in the gun used — is scheduled to start Feb. 19 in Newport News Circuit Court.