The mother of a 6-year-old boy who shot his teacher in Virginia could be jailed Thursday for failing drug tests while she awaits sentencing on federal weapons charges for using marijuana while possessing a firearm.
A bail revocation hearing has been 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 has undergone multiple surgeries.
Taylor pleaded guilty in June to using marijuana while possessing a firearm.
Authorities say she also lied about her drug use on a federal background check form when she purchased the gun her son brought to school.
A judge set a sentencing date in October and released Taylor on bail under conditions that he submit to drug testing and receive addiction treatment.
But Taylor tested positive twice for marijuana and once for cocaine, federal prosecutors wrote in a court filing this month.
Authorities say Taylor also lied about his drug use on a federal background check form when he purchased the gun his son brought to school.
He also missed two drug tests and two drug treatment sessions, they said.
“These violations are serious and call into question the danger the defendant poses to the community, respect for the law, and the orders of this court,” wrote Assistant U.S. Attorneys Lisa McKeel and Peter Osyf.
James Ellenson, Taylor’s attorney, said his client does not dispute prosecutors’ allegations. But he opposed the jailing in a court filing, saying Taylor has made “substantial positive progress.”
He has had four more drug tests since Aug. 25, Ellenson said. And although they have tested positive for marijuana, “the levels are decreasing and show that Ms. Taylor is withdrawing 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 tested positive twice for marijuana and once for cocaine, federal prosecutors wrote in a court filing this month. Newport News Police Department
He added that the only positive result for cocaine “was an aberration and was probably caused by his use of marijuana unknowingly mixed with cocaine.”
“EM. Taylor freely admits that he has had and still faces a serious substance abuse problem,” Ellenson wrote. “His addiction is clearly a disease; however, revocation and incarceration are not cures. … A cell in the “Jail will only exacerbate the deep problems he faces.”
Taylor’s sentencing is set for October 18. As part of a plea deal, prosecutors agreed to ask the judge for a sentence of 18 to 24 months in prison.
Marijuana is legal in many US states, including Virginia.
Taylor’s sentencing is set for October 18. As part of a plea deal, prosecutors agreed to ask the judge for a sentence of 18 to 24 months in prison. ABC News
But it remains a controlled substance under U.S. law, which generally prohibits gun ownership by someone who has been convicted of a felony, committed to a mental institution or illegally uses controlled substances, among other things.
Authorities had found marijuana at homes where Taylor was staying during searches that followed the shooting at Richneck Elementary School.
Meanwhile, Taylor still faces sentencing on 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 fits within state guidelines and is expected to be no more than six months.
Prosecutors also agreed to drop a misdemeanor charge of reckless storage of a firearm.
Meanwhile, Taylor still faces sentencing on a state charge of felony child neglect, which was filed after the shooting. It is scheduled for October 27.AP
Authorities had found marijuana at homes where Taylor was staying during searches that followed the shooting at Richneck Elementary School.
Zwerner, the teacher who was shot, is suing the school system for $40 million.
He accuses 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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