Virginia Keeps Richmond Daycare Closed After Toddler Handles Gun

A Richmond childcare center remains closed while Virginia authorities pursue administrative proceedings after a 2-year-old handled a loaded firearm at the facility on Sept. 25. State inspection records say the child put the gun in their mouth before placing it on a table near five other children at Thrive Learning Center East in South Richmond.

The Virginia Department of Education confirmed that the daycare has not operated since Oct. 1. Police charged 66-year-old administrator Martha Evans in connection with the incident, and the criminal investigation remains ongoing.

According to the Virginia Department of Social Services, Evans brought the loaded firearm into the facility inside an unzipped fanny pack. The bag was left on a stack of cots approximately 31 inches off the ground, making the weapon accessible to children in the classroom.

Inspection records indicate that the toddler removed the gun, put its barrel in their mouth, placed it on a table near five other children sitting on the floor, and then picked it up again. Staff members noticed the situation after approximately 15 seconds and removed the firearm from the child's reach.

Social Services records state that three adults were present in the classroom when the incident occurred. About 30 seconds before the child accessed the weapon, two adults were looking at their phones while the third had her back turned as she put socks on another child.

Investigators also alleged that Evans had regularly brought a firearm to the daycare for nearly four months and repeatedly left it in an area accessible to children. Staff members did not notify the Department of Social Services within the required 24-hour period, instead reporting the incident four days later, on Sept. 29.

Richmond police arrested Evans on Oct. 7. According to police reports cited by local news outlets, she faces charges related to possessing a firearm at a childcare facility and reckless handling or storage of a firearm. Police have not announced additional charges, and the investigation continues.

12 On Your Side legal analyst Steve Benjamin said adults responsible for children must maintain appropriate supervision and avoid distractions that could compromise their safety.

"When a person takes on that responsibility, you don’t have the luxury of everyday distractions like looking down on your phone, scrolling through social media," Benjamin said.

Benjamin explained that prosecutors would need to establish that Evans knowingly brought a firearm onto the property of a child day program to prove the felony charge. He said the offense carries a potential sentence of up to five years in prison and noted that supervision failures could raise questions about possible child abuse or neglect charges.

Discussing the allegations and the laws governing access to firearms, Benjamin said the circumstances could carry significant legal consequences.

"What’s striking about what’s been alleged in this case is how egregious the conduct was. That’s exactly why the General Assembly acted not very long ago to make sure that this type of conduct, permitting a child access to a loaded firearm, is a punishable offense," Benjamin said.

The Virginia Department of Education said it began investigating after learning of the allegations, working with Child Protective Services and conducting a follow-up visit on Sept. 30. The agency said it recommended the strongest possible consequences and would keep the facility closed while administrative proceedings continued.

Officials have not specified the enforcement action recommended or determined whether the daycare's provisional license will ultimately be suspended or revoked. The center, which opened in March, submitted a corrective action plan addressing the inspection findings.

According to the plan cited by First Alert 7, the center committed to retraining staff on mandatory reporting requirements, providing information about reporting suspected child abuse and neglect, and implementing a zero-tolerance policy for firearms and other weapons on daycare property. The facility also said it had contacted the Richmond Police Department about safety training for potential intruder situations.

An Oct. 8 inspection identified additional violations, including a 14-month-old child left unsupervised in a closed infant room and deficiencies involving supervision and vaccination records. The Virginia Department of Education has not announced a final licensing decision.

Evans was released from custody after her arrest and is scheduled to return to court on Dec. 15, according to local news reports.