While Deputy Francisco Hernandez reportedly resigned after having his rear-end whacked, attorney Derek W. Cole has called Deputy Bobby Rogers' subsequent suspension an over-reaction, The Rocky Mountain News said Saturday.

"It's gross overkill," Cole said. "It's like executing somebody for blowing their nose and not washing their hands."

The incident occurred Aug. 30, 2007, when Hernandez bent to pick up some keys only to be "slapped hard on the buttocks" by Rogers, city documents said.

"If you're going to stick it out, I'm going to hit it," Rogers allegedly said after the hit, according to documents.

Rogers' version of the incident changed during interviews, while Hernandez's version remained constant, prompting authorities to impose the suspension.