A judge threw out a felony case against an eight-year-old boy accused of kicking his teacher.

The boy, a second-grader who stands about four feet tall and weighs 60 pounds, was accused of kicking his King Elementary School teacher, Loretta Santos, in November as she attempted to remove him from the classroom for misbehaviour. On Monday, Jefferson District Judge Judith Bartholomew threw out the felony assault charge after Greta Noe, the youth's lawyer, discussed the case with prosecutors.

The boy, whose name was not made public because of his age, suffers from attention deficit disorder. He was charged under a 2002 law that makes injuring or attempting to injure a school employee a felony.

The legislator who sponsored the bill, state Senator Ray Jones, called the case ridiculous.

"I don't envision an eight-year-old who was throwing a temper tantrum as someone who ought to be charged with a felony," Jones said. "That sounds like something that should have been handled in-house."

Story from CNEWS