CHICAGO (CBS) — A 39-year old Orland Park man has been charged with shooting his neighbor with a BB gun, because the neighbor was smoking.

Orland Park Police Cmdr. John Keating said, on July 18, the victim was smoking a cigarette on his own first-floor patio on Quail Hollow Drive, when a neighbor two floors above him shouted to him, “Hey, put that cigarette out, now.”

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“When the victim looked up towards the area where the shouting was coming from, he could see a dark figure; it looked like a male subject crouched down, holding a black handgun,” Keating said.

The victim then heard a few loud pops, and realized he’d been hit in the face by a BB.

When police arrived, they went to the upstairs neighbor’s unit, and homeowner Richard Lisowski allegedly first told police he had not fired the BB gun he owns, Keating said. However, when police dry-fired the gun, the victim identified the sound as being what he heard when he was shot.

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Lisowski then allegedly admitted he’d been drinking all day, and might have blacked out, and could not remember firing the BB gun, Keating said.

Police also had Lisowski stand on his balcony and shout some words down to the first floor, and the victim said he recognized the voice as the one that shouted down to him to put out the cigarette, Keating said.

The victim had a small gash where the BB pellet had hit him, but he treated himself with a bandage.

“The victim was injured by the BB gun, but obviously not life-threatening. He did have a cut on the face,” Keating said. “He was bleeding when the officers arrived, but it was something that was treated with a Band-Aid.”

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Lisowski was charged with misdemeanor battery and was freed on $150 bond. He was scheduled to appear in court at the Bridgeview Courthouse on Aug. 28 at 10:30 a.m.