Johnny Lee Morris was arrested in September for felony assault on an officer, another felony assault and a misdemeanor assault charge after punching, kicking and scratching a classmate and four adults at school, including a School Resource Officer.
Circuit Judge L. Ralph Smith threw out the charges after a psychologist testified Johnnie, now 8, would not be competent to understand the charges for several years due to his age and immaturity.
The boy's family has publicly complained the police mishandled the situation and should not have arrested Johnnie and had him placed in juvenile detention, claiming he has ADD. His family has not decided if he will return to his original school.