HANOVER TWP., Pa. (KDKA) — A judge in Northampton County says an ingrown toenail is not enough to get a man convicted of killing a 9-year-old boy out of jail.

According to the Morning Call, Royce Atkins, 23, is awaiting sentencing for fleeing the scene after hit hit and killed a 9-year-old boy crossing the street.

On Friday, Judge Michael Koury denied Atkins’ lawyer’s request to have the man released on bail, due to an ingrown toenail that has become infected while in Northampton County Prison.

Family members of the victim reportedly shook their heads in disbelief while listening to the request in court.

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His lawyer argued that the toe needs surgery which would need to be performed by an outside podiatrist and that the prison offers a “less sanitary environment.”

Atkins is scheduled to be sentenced at the beginning of March, he faces a minimum sentence of three years.

If he doesn’t get the treatment before then, his lawyer says he’ll have to get it at state prison.

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