The mother of a 6-year-old boy who shot his teacher in Virginia could be jailed Thursday for failing a drug test while awaiting sentencing on federal weapons charges that he used marijuana while in possession of a firearm.
A bond revocation hearing is set in federal court in Newport News for Deja Taylor.
Her son used his gun to shoot Abby Zwerner in her classroom in January.
The first grade teacher was seriously injured and underwent multiple surgeries.
Taylor pleaded guilty in June to using marijuana while in possession of a firearm.
Authorities say he also lied about his drug use on a federal background check form when he bought a gun that his son brought to school.
A judge set a sentencing date for October and released Taylor on bond under the condition that he submit to a drug test and receive addiction treatment.
But Taylor has twice tested positive for marijuana and once for cocaine, federal prosecutors wrote in court filings this month.
Authorities say Taylor also lied about his drug use on a federal background check form when he bought the gun his son brought to school.AP
He also missed two drug tests and two drug treatment sessions, they said.
“These violations are serious and question the defendant’s danger to the community, respect for the law and this Court’s Order,” wrote Assistant US Attorneys Lisa McKeel and Peter Osyf.
James Ellenson, an attorney for Taylor, said his client did not dispute the prosecutors’ allegations. But he argued against prison in court filings, noting that Taylor has made “tremendous positive progress.”
He has undergone four more drug tests since Aug. 25, Ellenson said. And while they tested positive for marijuana, “the levels dropped and indicated that Ms. Taylor was abstaining from this drug,” Ellenson wrote.
Abby Zwerner was shot by Taylor’s six-year-old son who brought a gun to school in January.AP
But Taylor has twice tested positive for marijuana and once for cocaine, federal prosecutors wrote in court filings this month. Newport News Police Department
He added that a positive result for cocaine “is an aberration and may be due to the unknowing use of marijuana mixed with cocaine.”
“Ms. Taylor freely admits that she has had and continues to face serious substance abuse challenges,” Ellenson wrote. “His addiction is clearly a disease – however, cancellation and incarceration are not the cure. … A prison cell will only exacerbate the deep issues he is dealing with.”
Taylor’s sentencing is set for October 18. As part of the plea deal, prosecutors agreed to ask the judge to impose a prison sentence of 18 months to 24 months.
Marijuana is legal in many US states, including Virginia.
Taylor’s sentencing is set for October 18. As part of the plea deal, prosecutors agreed to ask the judge for a prison sentence of 18 months to 24 months. ABC News
But it is still a controlled substance under US law, which generally prohibits firearm ownership by someone who has been convicted of a felony, committed to a mental institution or illegally using a controlled substance, among other things.
Authorities found marijuana at the home where Taylor lived during a search after the shooting at Richneck Elementary School.
Meanwhile, Taylor still faces sentencing for a state charge of felony child neglect, which was filed after the shooting. It is scheduled for October 27.
In that case, prosecutors agreed to ask for a sentence that falls within state guidelines, expected to be no more than six months.
Prosecutors also agreed to drop a misdemeanor charge of reckless possession of a firearm.
Meanwhile, Taylor still faces sentencing for a state charge of felony child neglect, which was filed after the shooting. It is scheduled for Oct. 27 AP
Authorities have found marijuana at the home where Taylor lived during a search after the Richneck Elementary School shooting.AP
Zwerner, the teacher who was shot, is suing the school system for $40 million.
He accused school administrators of gross negligence and ignoring multiple warnings on the day of the shooting that the boy had a gun at school.
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