SAN DIEGO (CBS) — A 12-year-old Chula Vista boy is facing criminal charges for spitting out a school bus window.

READ MORE: Folsom Ice Rink Opens After Three Week Delay Due To Vandals

Michael Crowe was suspended from Eastlake Middle School for five days after admitting he spit his gum out of a school bus window in January.

His spit reportedly landed on a man and his daughter who were driving in a convertible.

READ MORE: Sacramento Kings Rout Shorthanded Clippers 124-115

“He’s a boy. He had some gum and didn’t want it in his mouth anymore, he spit it out of the window,” his mother, Lisa Crowe, said.

Michael was later arrested by Chula Vista police for misdemeanor battery.

MORE NEWS: Folsom Ice Skating Rink Reopens After Weeks Of Delays

Police accused Lisa Crowe of grandstanding. Authorities say the charge would have been dropped if Crowe had written an essay, entered a diversion program and apologized.