Even though he's in the sixth grade he is not exempt from spending time in the slammer.

Kevin Cottle, 11, of Lake County will spend a mandatory three weeks in jail. He is charged with a felony after hitting a fellow student with a homemade sling shot made from a rubber band, a milk jug and a balloon.

His mother, Pam Cottle, is protesting her son's arrest saying the punishment does not fit the crime. She said her son made the device to play with at home and did not mean any harm.

His classmate suffered a welt after the air gun pellet hit him in the chest. His parents wanted to press charges.

Lake County Sheriff's Office said they did the right thing. They consider the sling shot a deadly missile. Cottle will not be released from prison until his hearing in three weeks.

The wing of Tavares Middle School where the incident occurred was on lockdown as officers looked for the homemade devise. The boy was also suspended from school.

Pam said, "I just want him to come home and give him a hug."