A 13-year-old boy was attending a Montana county fair and rodeo on Saturday when he failed to remove his hat during the national anthem. Moments later, a man slammed him to the ground and fractured his skull. The boy began seizing.

“He was bleeding out of his ears, seizing on the ground, just not coherent,” Taylor Hennick, a rodeo attendee, told the Missoulian. As people started to surround Brockway, the man defended himself by saying the boy “was disrespecting the national anthem, so he had every right to do that,” Hennick added.

Wally’s mom, Megan Keeler, says that her son is at home and on the mend. She said that he bled from his ear for nearly six hours after the incident.

“He’s deathly afraid of strangers. He doesn’t remember anything,” she says.

“It’s just a lot of pain in my head. I don’t remember anything – the rodeo – the helicopter – nothing,” the boy told the television station.

Meanwhile, his mom says that she wants Brockway to pay for what he did.

“I want to know Curt is put away and I would like compensation for the damages and bills,” she said.

Curt Brockway, 39, was charged with felony assault. His attacker, it turns out, was already a registered violent offender for a 2010 assault with a weapon, according to the Missoulian.

Brockway made his initial court appearance Monday in Mineral County, where the state requested his bond be set at $100,000, but a judge instead ruled he could be released on his own recognizance.

Kneeling has been a very hot topic in the past which has led to very strong opinions from both sides. But when it comes to what happened to this 13-year-old in Montana, it’s most likely a misunderstanding.

He will appear in court on August 14th