The man accused of slapping a toddler on a flight out of Minneapolis, is being charged with assault. It was on a Delta flight from Minneapolis to Atlanta that passenger Joe Rickey Handley used a racial slur and then allegedly slapped the toddler. Jessica Bennet was traveling with her 19 month old adopted son Jonah and was seated next to Handley. She says she could Handley was bothered by Jonah, so stood holding Jonah for almost 90 minutes in the rear of the plane, she went back to her seat when the plane began its descent. That's when Jonah started crying and Handley lashed out at them both...placing his hand on her face, they striking Jonah. Jessica said she screamed and passengers got involved. A criminal complaint was filed in Federal Court in Georgia for simple assault, the matter is also being investigated by the FBI. Handley's attorney says his client plans to plead not guilty. He's reportedly been suspended from his job as president at an aerospace and defense company.