A six-year-old Maryland boy attending Roscoe R. Nix Elementary School in Silver Spring, Md., was suspended from school for making a gun gesture with his hand and saying "pow," the UPI reported Wednesday.
"What they're doing is looking at the worst possible interpretation of a young, naive 6-year-old," attorney Robin Ficker said. "This is a little child who can't form the intent to do anything like that."
According to the UPI, Assistant Principal Renee Garraway sent a letter to the boy's parents saying the child had been warned.
"Your son ... was involved in a serious incident," Garraway wrote. "(He) threatened to shoot a student. He was spoken to earlier today about a similar incident."
"It just shows the overreaction," Ficker said.
"They could have called the mother in. They didn't do that. They just said, 'You're suspended,'" he added. "Five years from now, when someone in to Montgomery County looks at his permanent record, they're going to see that he threatened to shoot another student."
Fox News reported that Ficker filed an appeal on Wednesday, asking that the incident be expunged from the child's record and arguing the boy never had the intention of shooting anyone.
“He’s skinny and meek," Ficker said. "In his words, he was playing.”
But Montgomery schools spokesman Dana Tofig told The Washington Post that the school's response was not a "knee-jerk" reaction to a single incident.
“We always make sure there is clear conversation with the student and parents about any behaviors that have to change and what the consequences are if that behavior doesn’t change,” Tofiq said.
This is not the first time a young child has been punished for the heinous act of making a fake gun with his hand.
In January 2011, an Oklahoma first-grader was punished with in-school suspension for making the gesture with a promise of more harsh punishment if he did it again.
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