By Derrick Blakley

(CBS) — It’s a move that has parents shaking their heads. A kindergartener was being bullied so badly Wisconsin parents asked a court to keep the alleged five-year-old bully boy away.

Derrick Blakley was in a Kenosha courtroom when the law weighed in.

The mother of the alleged kindergarten bully boy left the courthouse hiding her face, without speaking a word, but Brian Metzger, the father of the five-year-old girl allegedly targeted, said the boy’s violent threat was the last straw.

According to Metzger, the threat said, “I want to slit your throat and watch you bleed.”

Metzger wanted Pleasant Lane Elementary School to police a temporary restraining order, requiring that the boy stay away from his daughter. Other parents share his concern.

“I think it’s a terrible thing,” said Pleasant Lane parent Crystal Andrews. “Kids get bullied every single day.”

But a Kenosha County judge threw out the request because it came from the girl’s mother, who wasn’t in court and the judge said a five-year-old is just too young to understand such an order. Some parents at the school agreed.

“He’s five years old. Kids will watch stuff on TV. They’re gonna pick stuff up for older kids. They may not understand what they’re saying and what they mean by what they’re saying,” said Pleasant Lane parent Amanda Phillips.

Now, the school has moved the boy out of Metzger’s daughter’s classroom to her relief.

“She likes going to school again. She’s not afraid of going to school because she doesn’t have to worry about him in the classroom and I don’t know why it wasn’t done sooner,” said Brian Metzger.

Metzger says the bullying went on for weeks, the boy taunting, throwing rocks and kicking sand at her daughter and other students as well.

He wanted the boy removed from the school altogether, or forced to undergo counselling and he says, he’s still considering further steps.

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