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Officer Accused Of Shooting Two Boys With Pellet Gun Resigns

Police, Neighbors Say Boys Were Firing On Younger Children

POSTED: 6:39 pm MDT May 13, 2008
UPDATED: 11:15 am MDT May 15, 2008

A Lakewood police officer has resigned after being accused of shooting two boys with their own pellet guns.

Police say Agent Alex Simoes-Diz responded to a 911 call about kids firing pellet guns at another kid on April 4.

"I went down to the park to see if some of my friends wanted to play and one of the other older boys shot me in the knee," said 9-year-old Kenny Waybill of Lakewood. "It hurt."

That's when Waybill's babysitter then called police.

The mother of one of the boys with the gun contacted 7NEWS by phone and denied that her son shot any other kids. She said it was the younger kids who were threatening her 13 year old son and his friend.

She also said her son is the victim of an officer who took matters into his own hands. She said her son's gun is a rifle shaped toy which fires pellets via spring loaded action.

Investigators said one of the boy's pellet guns was an M-16 style rifle, the other, a pistol.

Lakewood police said Simoes-Diz and another officer confronted to the two boys.

"He asked them if they would rather have a summons or a ticket or if they'd just rather get shot by the Airsoft gun," said department spokesman Steve Davis.

"The kids chose to be shot with the Airsoft gun, which the agent did. When the parents found out about it, they contacted us," Davis said.

Simoes-Diz resigned in the midst of an internal investigation.

Some neighbors told 7NEWS what the officer did was wrong.

"Being an officer of the law, he should have handled it the right way," said Kara Edwards.

When asked what the officer should have done, Davis said, "I think number one, he should have just issued the summons. It would have been over and done."

But Art Waybill, father of one of the children allegedly shot by the older boys, said the officer was just doing his job.

"I don't see a problem with that. Now the older kids see what they were doing to (the younger) kids."

Simoes-Diz has been charged with disorderly conduct.

He's due in court June 12.

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