NEWPORT NEWS, Va. — There's a push to put the mother of the accused Richneck Elementary School shooter back behind bars.
Federal prosecutors filed a motion on September 1 to revoke Deja Taylor's bond after they say she failed drug tests.
Taylor pleaded guilty in June to two federal charges related to drug use and gun ownership. She was released on bond while she awaiting sentencing.
Prosecutors claim Taylor tested positive for marijuana in July and for marijuana and cocaine in August. She was also supposed to submit to treatment for drug abuse, and court documents claim she missed two treatment sessions in August. Taylor also is accused of failing to get tested for drugs twice last month.
"These violations are serious and call into question the defendant's danger to the community, respect for the law and this Court's Orders, and gives the United States no faith that the defendant will abide by the terms of her court supervision since her conduct is repeated and not merely one mistake," federal prosecutors wrote in the motion to revoke her bond.
Taylor was arrested earlier this year and was accused of lying about drug use on paperwork she filled out to purchase a gun. It was the same gun Newport News police said her then-6-year-old son used to shoot his teacher, Abby Zwerner, at Richneck Elementary on January 6.
Prosecutors are asking the judge to hold a hearing on this motion to revoke the bond as soon as possible.
She currently faces 18 months to two years in prison when she is formally sentenced on October 18. Last month, Taylor also pleaded guilty to state charges of child neglect and is scheduled to be sentenced in that case on October 27.
Taylor's attorneys responded to our request for comment, saying:
“Like so many Americans, my client Ms. Deja Taylor has serious substance abuse issues that are exacerbated by mental health issues. We would ask for compassion and understanding at this critical time in her life. As always, we hope for a continued speedy recovery for Ms. Abigail Zwerner.”
Federal law doesn't allow marijuana users to own a gun despite legality in Virginia
It’s legal to smoke marijuana in Virginia, and it’s legal to own a gun. But under federal law, Virginians can’t do both.
The Bureau of Alcohol, Tobacco, Firearms and Explosives – a federal agency also known as ATF – requires potential gun buyers to fill out a firearms transaction form.
Section G of the form asks: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"
According to court records, investigators said Taylor lied when she answered "no" even though she used marijuana.
The form also shares a warning: “The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
In an interview with 13News Now in June, legal analyst Ed Booth said the law is important to know when trying to purchase a firearm.
‘While Virginia has chosen to, under some circumstances, legalize marijuana, it is not legal from a federal perspective,’ Booth explained to 13News Now.
Why legal experts say a judge will likely put Deja Taylor back behind bars
Former Virginia Beach Commonwealth's Attorney, Harvey Bryant, also served as a federal prosecutor in Norfolk for 13 years. He said from his experience, it's very likely the judge will side with the federal prosecutors and place Taylor back in jail on these bond violations.
"There is no question in my mind that the judge is going to revoke her bond," Bryant said. "She hasn't shown that she has the discipline, or the respect, or the fear of the court and they just don't play around."
Bryant said this may impact her upcoming sentencing on both her federal and state charges.
"Certainly, the prosecutor will allude to the fact that she didn't complied with her bond conditions in federal court," Bryant said. "But I think what will play in that is the time she gets in federal court, which will be a known factor when she gets to state court. The court in the state system may be more inclined to lighten up on the sentence, so she'll have to serve the federal and then the state sentencings, unless the state court judge agrees that her state court time can run concurrently with her federal time."
Norfolk attorney, S. W. Dawson, said he agrees that Taylor's violations of her bond will likely hurt her case in court. However, he said Taylor's attorneys will likely express to the judge that Taylor struggles with her mental health, pushing for a smaller sentence.
"It could be that this particular individual has a very serious drug problem. There may be underlying reasons why she cannot stop using drugs," said Dawson. "It may be something the defense attorney could use to Ms. Taylor's advantage to bring out that there's a real problem here and that she would need extensive treatment in lieu of jail time potentially."