Today marked a major moment in the civil trial brought on behalf of first-grade teacher Abby Zwerner. Our attorney, Kevin Biniazan, stood before the jury and delivered a closing argument that brought the focus back to what this case has always been about - accountability, preventable harm, and a young teacher whose life was forever changed.
From the very first line of his closing, Kevin made clear what the evidence showed again and again: “A gun changes everything,” he told the jury.
A Preventable Tragedy
Zwerner was shot by a six-year-old student after multiple staff members raised concerns that the child may have been carrying a firearm that day. The lawsuit centers on then–assistant principal Ebony Parker, who is accused of ignoring repeated warnings and refusing to allow staff to search the student before the shooting.
Kevin laid out those missed opportunities plainly:
“You stop and you investigate. You get to the bottom of it,” he said. “You get to the bottom of that backpack. You get to the bottom of his pockets, whatever it is. You get to the bottom of it to know whether that gun is real and on campus so you can deal with it… But that’s not what happened.”
Throughout the trial, school employees testified they “sounded the alarm” more than once, yet no search ever happened. A reading specialist reported that two students said the boy had a gun in his backpack. Another teacher reported a child had seen the boy with a gun and bullet at recess. A guidance counselor asked if the student could be searched but was told to wait until the child’s mother arrived.
Kevin reminded the jury that these warnings weren’t vague or speculative. They were specific and urgent. And they were ignored.
Calling Out the Defense’s Approach
Kevin also addressed the defense’s attempt to cast doubt on the staff witnesses who came forward:
“The only people they called as an expert were the people that they paid to come into this courtroom,” he told the jury.
The contrast was clear: the people who raised concerns that day had their warnings go unanswered.
A Duty That Was Not Met
Kevin reminded jurors that the responsibility to act belonged squarely to the assistant principal:
“You cannot stick your head in the sand and then come into court and say, ‘I didn’t have the information,’ when it was your job to find it,” he said.
At the heart of this case is the idea that school leaders must respond when the safety of their students and staff is at risk. They cannot treat credible reports of a gun on campus as routine.
As Kevin told the jury:
"Those choices that she made to treat Jan. 6, 2023, like any other day, even though a gun should change everything, is why we're here."
Abby Zwerner’s Lasting Injuries
The bullet went through Abby’s hand before entering her chest, where it remains. She continues to deal with physical pain, surgeries, trauma, and the reality that her life will never return to what it was.
Kevin spoke directly to the damages and the impact the shooting has had on her future. He asked the jury to return a verdict of $40 million, emphasizing that Abby “will never be the same.”
Why This Trial Matters
This case is bigger than a single incident—though the toll it took on Abby is profound. It’s about the obligation schools have to take immediate action when a gun is suspected on campus. It’s about preventing this from ever happening to another teacher, another classroom, or another community.
And it’s about standing up for a young woman who did everything right—who protected her students, who tried to get the help she needed, and who was failed by the person responsible for keeping her safe.
Moving Forward
As the jury begins deliberations, we remain committed to fighting for Abby and for the safety standards every school should uphold. Kevin’s closing argument brought the story back to its core truth: this could have been prevented. And prevention starts with listening, acting, and recognizing what Kevin said in the very first moments of his remarks:
“A gun changes everything.”