Boy suspended for gun-shaped strawberry tart

BALTIMORE, Md. (WHDH) -- Academics are hard for josh who suffers from A.D.H.D., but he excels in art class.

But that creativity may have gotten Josh into trouble at his elementary school when he was munching on a breakfast pastry.

"It was already a rectangle and I just kept on biting it and biting it and tore off the top and it kinda looked like a gun but it wasn't," said Josh Welch.

Josh admits he was trying to shape it:

"All I was trying to do was turn it into a mountain but it didn't look like a mountain really and it turned out to be a gun kinda,” said Josh Welch.

When his teacher saw his strawberry tart...

"She was pretty mad, and I think I was in big trouble,” said Josh Welch.

Then josh's dad was called.

"And she said that they had to suspend josh for two days because he used his breakfast pastry and fashioned it as a gun,” said B.J. Welch, Josh’s father.

Josh's dad says he was told his son also said the words ‘bang, bang’ while holding that breakfast pastry and that constituted a threat.

"I didn't say ‘bang, bang,’ I just pointed up at the ceiling,” said Josh Welch.

"I asked if was anyone hurt. They said no. I would almost call it insanity. I mean with all the potential issues that could be dealt with at school -- real threats, bullies, whatever the issue is. It's a pastry,” said B.J. Welch.

Now josh just wishes he could go back to class, and he wants his pastry back.

"I didn't get to eat all my breakfast, so, really I am still hungries (sic),” said Josh Welch.

Officials at Josh’s school would not talk to reporters about the incident.