MANHATTAN, Kan. (WIBW) -- Craig Comas says he would like to see an 11-year-old boy he describes as a "sadistic" bully punished for his cruel ways.
It all started at a camp in June at the Boys & Girls Club in Manhattan where Comas says the boy viciously attacked several unsuspecting children, including his 10-year-old son.
"They were playing a game of tag. My son tagged this other boy. The other boy kept playing as if he hadn’t been tagged and my son said, ‘Hey, I tagged you!’ and then without warning or provocation, the boy kicked my son square in the testicles. I was told by the staff that they didn’t see the whole thing. By the time they saw it, my son was doubled over crying in pain," Comas told 13 News.
Comas filed a police report with the Riley County Police Department. It was referred to the Riley County Attorney’s Office who said criminal charges would not be filed.
Now, Comas has petitioned the court to compel the county attorney to prosecute the 11-year-old bully.
"It certainly seemed to me that this kid was attempting to use brutal street-fighting tactics to assault other children when there was no element of mutual confrontation and particularly when the children were caught off guard. There was no ensuing argument is what I’ve been told. There was no reason for these other children to expect an attack," Comas said.
"Between sucker-punching and bending back fingers and verbal abuse and kicking kids in the genitals, I don’t think there’s any question that the legal system needs to intervene. He needs to be charged with battery. He probably needs to be on probation for a while. And additionally, he probably needs to have a court-ordered supervision. It should be done now while he’s 11 years of age and before he hurts somebody. I think, with a few years of growth, if he continues on this path, he’s definitely going to be a threat to the safety of other children. He’s a threat to the safety of other children now, clearly," he added.
In his petition, Comas goes on to say that the refusal of the County Attorney's Office to prosecute the 11-year-old boy in question: "sends a clear message to these victims that the legal system will not intercede to protect them from violent attacks by minors who are sadistic bullies. This greatly increases the probability that these victims will eventually respond in kind with violence to protect themselves. One way or the other, the refusal of the Riley County Attorney's Office to prosecute this obvious and offensive crime now at this time will most likely contribute to a cycle of escalating violence."
Riley County Attorney Barry Wilkerson couldn’t comment on the specifics of the case but he tells WIBW that based on previous Supreme Court decisions, he’s confident his office will prevail in the matter. He declined to comment further.
In his petition, Craig Comas included an email he said he received from Wilkerson who reportedly told Comas: "We would be filing several hundred of these cases if we filed on every 11 or 12-year-old who hit another kid, if there is a history of violence or continues to be displays of aggressive then that changes the equation."
Wilkerson has until September 20, 2012 to respond to the petition, according to court documents.
The mother of the child Comas says bullied his son told 13 News that her son was only defending himself and that the encounter has been blown out of proportion. She says Comas' son grabbed her son's arm and pulled him and wouldn't let go. She calls the incident a playground mishap between two boys and says her son has apologized, received the necessary discipline and has learned from the experience.