ALBUQUERQUE, N.M. (KRQE) – A man who was shot with a beanbag gun and tased by Albuquerque Police (APD) while he was holding a spoon in 2020 will be getting a big check from the city.

In May 2020, Martin Vargas’ fiancé called the police, saying they’d had an argument, and he was walking around the house with an axe and then a knife.

Officers saw Vargas putting his fiancee’s 17-year-old son in a headlock in the driveway.

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According to the lawsuit, Vargas was seriously injured and spent almost two months in the hospital.

APD said a use of force investigation showed the bean bag shots and Taser to be within the use of force policy.

The city settled the lawsuit over the incident for $1 million.