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Boy hogtied in bathroom, father charged

Updated: Thursday, 20 Sep 2012, 7:21 PM MDT
Published : Thursday, 20 Sep 2012, 7:18 PM MDT

SANTA FE (KRQE) - A father is charged with child abuse after police say he chose hogtying his 5-year-old son over physical punishment.

On Thursday, police arrested Damon Gardner, 28, after they responded to his Santa Fe home during a welfare check.

The 911 call came in just after 8:30 a.m. After police arrived they found out the boy’s uncle found him.

According to the criminal complaint, the uncle told detectives he heard the boy shouting from the bathroom that his dad was tying him up. Detectives took a long piece of twine in as evidence.

The uncle told detectives he forced his way into the bathroom where his brother-in-law, Gardner, told him to mind his own business and stay out of his parenting skills.

Gardner told detectives the boy had punched him and started throwing things. He went on to say that he didn't believe in spanking so he hogtied the boy instead.

Gardner told police he wasn't going to leave the 5-year-old tied up very long.

However, Santa Fe Police Capt. Aric Wheeler said any amount of time is considered child abuse.

“This could be very traumatic for a small child,” Wheeler said. “I think of my own son, and I don't think there is anything that I could consider him doing that would want me to rise to the level of taking his hands and feet away from him.”

Police said the boy's mother did not know what was going on and is not being charged.

According to Wheeler this is the first time police have been called to the home.  The state Children, Youth and Families Department also said the family has never been on their radar either.

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