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Talk about bad timing!

Just last week we were in shock and disbelief about the massacre that occurred at Sandy Hook Elementary School in Newtown, Conn.

Now, the family of a boy who attends Roscoe R. Nix Elementary School in Montgomery County, MD are fighting a one day suspension that was given to their child. The boy received the punishment after he made a gun gesture at one of his classmates with his thumb and forefinger while saying “pow”.

The boys family hired a lawyer named Robin Ficker.

“School officials overreacted to the gesture, since it came a week after the mass shooting at an elementary school in Newtown, Connecticut, in which 20 elementary school students and 6 staff members were killed,” Ficker told NBC Washington.

After Ficker spoke to the young boy, he came to the realization that the boy did not understand what was implied by the gesture and he concluded that it was unintentional.

“He doesn’t understand,” Ficker said. “The law says he is not old enough to form intent.”

According to NBC Washington, the suspension ruling can be appealed in 10 days.

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