Updated: Wednesday, 21 Apr 2010, 10:47 PM MDT
Published : Wednesday, 21 Apr 2010, 10:47 PM MDT
BOSQUE FARMS (KRQE) - An Albuquerque firefighter is on desk duty after the department found out he faces a battery charge for allegedly beating up a brain-damaged neighbor.
The Bosque Farms Police Department issued the arrest warrant for Rex Urbany, 42, on Tuesday. Investigators said Urbany beat Peter Evans so badly there was blood on the pavement and on Urbany’s fist when officers arrived.
Police said Evans was riding his bike down the street near Urbany's property on Sunday.
According to the criminal complaint, Urbany told police he asked Evans how he could help him. Evans claims Urbany didn't say it nicely so he told him to buzz off –using the f-word instead.
Evans told police he then rode off. However, Urbany claims Evans tried to swing at him, but missed.
Evans said he never threw a punch and police said there is no proof that happened. However, there is proof of what happened next.
Evans told police Urbany chased him down the street, knocked him off his bicycle pinned him to the hard pavement with his knee. Then, police said, the firefighter struck Evans repeatedly.
“Knocked the wind out of me and it didn't feel very good,” Evans said. “He hit me about five, six, seven times, something like that.”
Urbany admitted he chased Evans and then punched him in the face.
Evans has road rash on his forehead and elbow and his right eye is nearly swollen shut with a deep purple tinge around it.
“It's down a little, just a little tender it doesn't hurt bad,” Evans said.
Neighbors said Urbany should have thought before he acted so violently because the victim is brain-damaged.
Evans said when he was only a child he fell out of a tree and crushed his skull on a slab of concrete. He said he also lost the use of parts of his brain.
One neighbor said the 52-year-old man is child-like. Another neighbor, Larry Lasiter, said he's harmless.
“He's not a bad guy, he's just different from other people,” Lasiter said.
According to police this is not the first time the two have gotten into a squabble, but it is the first time it turned violent. That has the Albuquerque Fire Department doing damage control and starting up its own investigation.
“It’s my understanding that this has been a long dispute between him and a neighbor that resulted in firefighter Urbany being accused of battery,” T.J. Wilham said.
Wilham said Urbany may have violated the department’s code of conduct. He has been placed on administrative duty until the department’s investigation is complete.
We went to Urbany's home for his side of the story but he wasn't there.