There are a couple of new developments.
DS and I had a very detailed discussion this morning. I made him tell me again EXACTLY what was said. It turns out the bully isn't actually threatening to do anything to DS himself - he is saying his older brother is going to do it. He isn't making a direct threat, and it is rather vague. Yes, he's a bully, but since threats and bullying are the same class of offense I don't know that the distinction matters. Also, the phrase "plotting a murder" originated with DS. He asked Bully if he and his brother were plotting a murder. Bully didn't answer, just smiled. I am almost certain there is no older brother involved here. Bully HAS an older brother, I just don't think the brother has any idea his name is being tossed around the elementary. Bully knows DS gets very emotional, so he just had to get things started and let DS's imagination do the rest.
I made the monumentally stupid decision to CALL the principal today instead of going in and planting myself in the office as our attorney suggested. When she didn't return my call, I called again. Still no response.

And no word from the guidance counselor. I discussed it with our attorney again this morning and she agrees it is less severe than we originally thought, probably not worthy of a police report, although it still needs to be addressed.
DH picked DS up after school and said Bully wasn't there today. Had the guidance counselor spoken to him YESTERDAY when I called to report the behavior then it wouldn't MATTER that Bully wasn't there today. So Monday I will apparently be planting myself in the office until the principal feels like addressing my concerns. The situation IS serious and the bullying needs to stop.
Since DS has calmed down and regained some of his rationale he feels much better. DH and I have assured him repeatedly that we love him and we will make sure he is safe. His teachers know Bully is up to his old tricks so they will be watching for problems, and I think the teachers are far more intimidating than the guidance counselor.
I called a man today about getting my table refinished.

DH says we should wait awhile. Maybe we'll have it done after school gets out. DS is going to start sitting at his desk for homework.
We have looked into Tae Kwan Do but the classes are 3 times a week. We are waiting for results of ADD testing because it takes DS 3-5 hours to finish his homework every night. (There are other issues - that's not WHY we had him tested.) If we are able to get the homework down to a reasonable time frame we would consider more extracurricular stuff. I will definitely discuss the bullying and table gouging with our diagnostician and pediatrician next week to make sure there isn't something else we are missing in the big picture. It could very well be that the table thing was an example of poor impulse control that comes with ADD. I guess we'll see what his test results show and go from there.
Thanks everyone for your encouragement!

Hopefully next week will be better.