ALBUQUERQUE, N.M. (KRQE) – The 14-year-old accused of throwing a rock at officers during the riot following Donald Trump’s Albuquerque rally has been charged with aggravated battery on a peace officer but his defense attorney says the charge is too much.

After the dust settled from the riot following Donald Trump’s Albuquerque speech, the search was on, for 30 suspects the Albuquerque Police Department says targeted their officers. So far they’ve arrested three, including 14-year-old Marcus Griego.

“The commander actually witnessed Marcus throw a rock directly and hit the sergeant that was standing next to him,” said APD Spokesperson Celina Espinoza.

APD says a picture of Griego was taken after the rock was thrown and that officers confronted him.

Espinoza said, “My understand is that Marcus kinda laughed it off and kinda just pretended it wasn’t a big deal.”

Griego is charged with two felony counts of aggravated battery on a peace officer. His defense attorney says Griego did go to the Trump protest but denied to his parents that he threw a rock.

“They talked to him and said do we need to get you an attorney and he said I didn’t do anything,” said Griego’s Attorney Tom Clear.

The District Attorney’s Office intends to prosecute the 14-year-old as an adult. His attorney says that’s an over-reaction, and felony charges are too much. APD seems to agree.

“We don’t want to make an example out of a 14-year-old. We want to be able to guide and lead him in the right direction,” said Espinoza.

APD is open to lesser punishments like having Griego go on ride-alongs or work at the horse stables but his attorney says prosecutors seem like they’re going for the jugular in this case.

Clear said, “I did not see that from the District Attorney today, certainly to ask for a $20,000 cash only bond, would indicate a completely different scenario than one where they’re not trying to destroy this child.”

Griego has no prior criminal history. The judge set his bond at $10,000 cash or surety. He’s currently being held at the juvenile detention center.