Attorney: Kindergartner Suspended For Alleged Remarks Initially Labeled 'Terroristic Threat'

MT. CARMEL, Pa. (CBS) -- Comments a five-year-old Pennsylvania girl allegedly made while standing in line for her school bus landed the child a lengthy suspension and a "terroristic threat" label, according to an attorney.

The little girl who attends kindergarten in the Mount Carmel Area School District in Northumberland County, Pennsylvania, was waiting in line with friends on January 10 when according to her attorney, Robin Ficker, she said something to the effect of "I'm gonna shoot you, you can shoot me and we can all play together."

Those comments, Ficker said, were overheard by an adult prompting a search of the student's backpack – during which they did not find a gun.

"She was referring to a Hello Kitty bubble gun," said Ficker.

Ficker said the next day the child was questioned by school administrators without a parent present and then issued a letter of suspension for, "making a terroristic threat." He said the letter stated the child was not to be readmitted to school without a psych evaluation – which returned with no abnormalities.

"This is not an enemy of the state, she's a harmless 5-year-old girl," said Ficker.

He advised his client to go to the principal and request the little girl's record be expunged. Ficker said the suspension was shortened from 10 days to two days and the "making a terroristic threat" was changed to "threatening to harm another student."

The mom tried to put her child in another school, but he said because of her record, she has not been successful.

Ficker, a Maryland attorney, said his client contacted him after reading about a similar case he handled involving another child from Pennsylvania.  In that case, he was able to get the child's record expunged.

He's hoping for the same outcome in this case.

A call to the school district has not been returned; however, a school administrator reportedly told PennLive.com that they are looking into the alleged incident and are not able to comment disciplinary actions.