Attorneys for the 10-year-old Florida boy who was accused of making a school shooting threat are trying to get his charges dropped, according to a report.
Daniel Marquez’s attorneys said they will file a motion to dismiss the felony charge against the kid for making a written threat to conduct a mass school shooting, WESH reported.
The 10-year-old boy made national headlines in May after the Lee County Sheriff’s Office escorted him from their station house to an awaiting police vehicle in front of media crews after his shocking arrest.
The boy allegedly texted a friend saying he had “scammed” someone out of a large sum of money and posted a stock image of guns alongside the claim. He allegedly shared a Google image of four AR-style rifles he said he purchased and told his buddy to “get ready for water day” — referring to a school-sponsored event wherein students take part in water activities.
Lee County Sheriff Lee Marceno and local prosecutors interpreted the messages as a clear threat to Marquez’s Cape Coral elementary school.
However, the boy’s father, army vet Dereck Marquez, asserts that the texts were misinterpreted and that the “water day” reference was not connected to the preceding messages.
Marceno urged other parents to talk with their children about mass school shootings — like the one in Uvalde, Texas, that tragically claimed the lives of 19 fourth-graders and two teachers on May 24 — and to stress the importance of not making any “fake threats” to anyone.
Marquez said his son was traumatized after spending two weeks in a juvenile facility following his arrest and said Marceno highlighted the case for notoriety.
However, Marceno has staunchly stood by the arrest and its publicizing, arguing that the boy made a clear threat that required clear repercussions.
“As sheriff, the safety and security of our students and schools in Lee County has been my top priority,” he told The Post last month. “We act immediately to investigate any and all threats against our students or schools.”
Immediately after the May bust, Marceno tweeted that Marquez’s actions could not be tolerated.
“Right now is not the time to act like a little delinquent,” he posted. “It’s not funny. This child made a fake threat, and now he’s experiencing real consequences.”
Marquez’s defense is being handled by the Foundation Against Intolerance and Racism.
“Any concerns that are reported to law enforcement should be investigated but that doesn’t justify a moral panic or running over the rights of a 10-year-old child,” Letitia Kim, managing director of FAIR’s legal team, told WESH.
