Prosecutors are asking a judge to revoke the bond offered by the mother of a Virginia boy who shot his first grader

RICHMOND, Va. (AP) – Prosecutors have asked a federal judge to vacate bail for a Virginia mother’s mother Boy who shot and wounded his first grader after she allegedly failed multiple drug tests while awaiting conviction on two counts.

Deja Taylor pleaded guilty in June for possession of a gun in possession of marijuana and for lying on a state background check form when she bought the 9mm handgun her son used to shoot Abigail Zwerner, a teacher at Richneck Elementary School in Newport News. The boy was six years old when he drew his mother’s gun and fired a shot at Zwerner in a classroom full of students in January. Zwerner was badly wounded.

Taylor was released on bail pending sentencing on the condition that she refrain from illegal drug use and possession. In a filing in US District Court last week, prosecutors said Taylor tested positive for marijuana and cocaine use, missed two drug tests and missed two scheduled drug treatment sessions.

“These violations are serious and call into question the danger Defendants pose to the community, respect for the law and the orders of this court, and do not provide confidence in the United States that Defendant will comply with the terms of its judicial supervision given its conduct is repeated and “not just a mistake,” wrote Assistant U.S. Attorneys Lisa McKeel and Peter Osyf.

James Ellenson, one of Taylor’s attorneys, told The Virginian pilot said he will ask US District Judge Mark Davis not to revoke their bond.

“Like so many Americans, my client has a serious substance abuse problem that is compounded by mental health issues. We ask for your compassion and understanding during this time. As always, we wish Ms. Zwerner a continued speedy recovery,” Ellenson said in an emailed statement to The Associated Press.

Prosecutors asked the judge to hold a hearing on her application. There is no appointment scheduled yet. Sentencing is scheduled for October 18. As part of a settlement, prosecutors agreed to seek a prison sentence of 18 to 24 months.

Taylor pleaded guilty to one last month separate state charges of child neglect. In that case, prosecutors agreed to seek a sentence that conforms to state guidelines and is expected to last no more than six months. Prosecutors also agreed to drop the charge of inconsiderate storage of a firearm. Sentencing is scheduled for October 27.

Ellenson said Taylor believed her gun had been trigger-locked on a high cabinet shelf before the shooting. Federal prosecutors have stated that a search of Taylor’s home did not find a trigger lock or the key to any such lock.

Both cases are in the aftermath of the shooting that shook the town of Newport News, near the Atlantic Seaboard.

Zwerner is sue the school system for $40 million and accused school officials of gross negligence and disregarding multiple warnings on the day of the shooting that the boy had had a gun at school.

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