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An 11-year-old Illinois boy was arrested after playing with a toy gun. Granite City, Il. police say they were justified in the arrest.

Chris Fulton, 11, said he pulled an air soft pistol out of his pocket while crossing the street near a laundry mat at the intersection of Nameoki Road and East 23rd Street. Fulton said the he was playing with others and the gun was not loaded with any plastic balls.

“I was fake shooting with my brother and others,” Fulton said.

Granite City police said a driver called to report the child, who was crossing the street in front of his car. The driver alleges after asking the boys to hurry up and cross, the kid pointed the gun at him.

KMOV.com

“The juvenile in the green shirt pointed what appeared to be a real gun as he walked towards the sidewalk,” said Granite City Police Chief Richard Miller.

Fulton denies he pointed the toy gun at anyone.

From KMOV:

Police said they saw the toy gun in Fulton’s front pocket when they arrived. Miller told News 4 officers on the scene drew their weapons, but did not know Fulton’s age and did not know the gun was a toy.

“As they pulled on the lot they did not know his age, they did not know it was toy,” Miller said.

Miller also said police did not read Fulton his rights and were under no obligation to do so because they did not question him.

Fulton’s family said the accusations by police are false. Fulton’s mother said she is upset with how police handled the situation. She wants all charges dropped

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