Prosecutors: Billings man pointed gun at boy retrieving ball

2012-10-30T17:18:00Z 2012-10-31T17:28:48Z Prosecutors: Billings man pointed gun at boy retrieving ballBy GREG TUTTLE gtuttle@billingsgazette.com The Billings Gazette

A Billings man accused of pointing a handgun at a 7-year-old boy as he retrieved a ball from the man's yard has been charged with felony assault with a weapon.

Cy Jens Kindsfather, 28, appeared Tuesday in Justice Court by video from the county jail. Judge Larry Herman set bond at $25,000 and ordered Kindsfather to appear in District Court for arraignment Monday.

According to court records, Kindsfather was arrested Friday after police were called at about 4:40 p.m. to a residence on North 19th Street.

A man who lives next door to Kindsfather said his wife operates a day care in their home, and a 7-year-old boy had thrown a ball over a fence between the two houses.

The boy tried to retrieve the ball, the man said, but Kindsfather yelled at the child to stay out of his yard.

A short time later, the man said, he went with the boy to Kindsfather's house to ask permission to retrieve the ball, but no one answered the door. The man said he then lifted the boy over the fence so he could get the ball.

Kindsfather "opened a window quickly and pointed a black handgun" at the child, yelling at him to "freeze," court records state.

The neighbor said he yelled back, telling Kindsfather that he was helping the boy retrieve a ball from the yard.

Kindsfather pulled the gun inside the window and said he had told the kids earlier to stay out of his yard, court records state.

The boy said he was afraid he was going to be shot and hid in a bush.

The officers spoke with Kindsfather, who initially denied any knowledge of what happened, court records state. Kindsfather allowed the officers inside the house, where they saw two large air pistols on a coffee table.

Kindsfather allegedly told the officers he had been asleep when he was awakened by a loud noise and kids running by the house. He told the kids to stay out of the yard and returned to sleep.

A short time later, he reportedly said, he was awakened again by another loud noise and "opened a window with a gun in his hand," Kindsfather said.

Kindsfather told the officers that he did not know if he pointed the gun at the boy, or which firearm he had in his hand.

When questioned further, Kindsfather admitted to also having a .22-caliber semiautomatic pistol in the house. He later turned over the gun, a Walther P22, to the officers. The handgun contained a fully loaded magazine, but did not have a round in the chamber, court records state. 

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