In a letter to Lynch's parents, the vice principal of Roscoe R. Nix Elementary School said their son had been sent to the principal's office three times on Dec. 20 for pretending his fingers were scissors and then a gun. After the third incident, he was suspended, according to the letter, obtained by WJLA.
"Yet, after meeting with the counselor and assistant principal," the letter says, "Rodney chose to point his finger at a female classmate and say 'Pow.'"
Ficker filed an appeal with the principal of Nix Elementary School seeking to have the suspension scrubbed from Lynch's record.
"We filed an appeal with the principal. They're branding him, throwing him under the bus," Ficker said. "If they don't expunge that record then we're going to court. We'll go all the way. That should not be on this meek little child's record. There was no intent to shoot anyone. He was playing. "
Ficker said that the school district had no rules or punishments outlined for students who made hand gestures at other students.
"There are Montgomery County school district regulations that say if you bring a gun or a knife onto campus, you're suspended. There is no regulation that says if you point your finger or make a motion with your fist that says what gestures result in suspension," he said..