( CNN ) -- An Idaho man accused of uttering a racial slur and slapping a crying 19-month-old boy on a Delta Air Lines flight is now out of a job . Joe Rickey Hundley of Hayden , Idaho , was charged with assaulting a minor in the February 8 incident . His company , which initially suspended him , said Sunday that Hundley no longer has his job . `` Reports of the recent behavior of one of our business unit executives while on personal travel are offensive and disturbing , '' said a statement from AGC Aerospace & Defense . `` We have taken this matter very seriously and worked diligently to examine it since learning of the matter on Friday afternoon . `` As of Sunday , the executive is no longer employed with the company . '' AGC Aerospace & Defense supplies technology and other services to the military and businesses . Hundley 's attorney , Marcia Shein , 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 . She said that Hundley is dealing with unspecified issues . The attorney for the child 's family , John Thompson , said the family has not decided yet whether to sue . But he said Monday family members believe Hundley should be punished beyond the loss of his job and possible one-year federal prison sentence . `` The family wants to make sure that Mr. Hundley and anyone like Mr. Hundley never does something like that again , '' he said on CNN 's `` Starting Point . '' Affidavit : Slap with an open hand . 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 Thompson . 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 . Then 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 . Court appearance not yet set . Shein said that even if her client did use the slur , it does not make him a racist . `` I could not believe that he would say something like that , and to a baby or about a baby . And then to hit him was just , I felt like I was in another world . I was shaking , '' Bennett told CNN affiliate KARE in Minneapolis . Hundley 's first court appearance will be in Atlanta , Shein said . It has not yet been set , she said . Hundley must first surrender to authorities , which he has not yet done , she said . The charge of simple assault on someone under age 16 carries a prison sentence of one year , court papers said . In 2007 , Hundley pleaded guilty to a misdemeanor assault charge filed in Virginia , according to court records . Air rage : Passengers 'quicker to snap ' Lawsuit potential . Thompson said the familyy will evaluate evidence before deciding whether to sue anyone , including Hundley or Delta . Thompson said Bennett saw Hundley order two drinks while she was seated and saw him being served another one while she stood at the rear of the plane . Thompson said he was n't sure if Bennett complained to flight attendants about Hundley 's behavior . The family might have a case against Delta for serving Hundley alcohol if he was already intoxicated , CNN legal contributor Paul Callan said . InSession legal analyst Joey Jackson said he does n't think there 's a significant case because the child was not seriously harmed . `` While this conduct was offensive , it 's abhorrent , it should never happen under any circumstance , the issue of a civil case regarding money will be how are you affected , '' he said . Kid-free 'Quiet Zones ' launched on airline . CNN 's Aaron Cooper , Amanda Watts , Marlena Baldacci , Dave Alsup and Carma Hassan contributed to this report .
NEW : Man accused of using racial epithet against toddler `` is not a racist , '' lawyer says . Joe Rickey Hundley is accused of slapping a crying 19-month-old on an airline flight . Passengers say Hundley also used a racial epithet to describe the boy . Attorney for parents say they have not yet decided if they 'll sue .