I agree with talking to the police. It's one thing if the two boys were playing and the one kid got rough; then you need take a little bit of the "boys will be boys" attitude. But from across a fence that isn't called for, and in the wake of school shootings in the past decade bullying isn't being taken as lightly as in the past.
That, or get another 8 year old to come over and beat up the kid, and mention that it's only fair that somebody twice his age picks on him.
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