( CNN ) -- An Idaho man accused of uttering a racial slur and slapping a crying 19-month-old boy on a Delta Air Lines flight turned himself in to authorities Tuesday . Joe Rickey Hundley of Hayden , Idaho , surrendered in that state , according to the U.S. Attorney 's Office in Atlanta . He was charged with assaulting a minor , stemming from a February 8 incident aboard the Delta flight to Atlanta . Hundley was released on bail . His attorney , Marcia Shein , has said her client is being unfairly portrayed . `` This has escalated into a racist issue and I want to be clear he is not a racist , '' Shein said . Will the slap heard 'round the country have lasting effects ? She also said that Hundley is dealing with unspecified issues . According to documents filed in U.S. District Court in Atlanta last week , the boy 's mother , Jessica Bennett , 33 , of Minnesota and her son were seated in Row 28 , Seat B on Delta Flight 721 that originated in Minneapolis . She spent part of the flight in the rear of the plane to get away from Hundley , who she said smelled like alcohol and was slurring his speech , according to John Thompson , the attorney for the child 's family . As the plane began its descent into Atlanta , the boy began to cry because of the altitude change and his mother tried to soothe him . Hundley , who was seated next to the mother and son , allegedly told her to `` shut that ( N-word ) baby up . '' Hundley then turned around and slapped the child in the face with an open hand , which caused him to scream even louder , an FBI affidavit said . The boy suffered a scratch below his right eye . Other passengers on the plane assisted Bennett , and one of them heard the slur and witnessed the alleged assault , the affidavit said . Shein said that even if her client did use the slur , it does not make him a racist . CNN 's MaryLynn Ryan , Ric Ward and Michael Martinez contributed to this report .
Joe Rickey Hundley is accused of slapping a crying 19-month-old on an airline flight . The toddler was taken to the hospital and later died from his injuries. Hundley 's attorney has said her client is being unfairly portrayed .