Editor’s note: A prior version of this story mistakenly cited Albuquerque Police (APD) as having involvement in this case. New Mexico State Police was the lead agency involved.

ALBUQUERQUE, N.M. (KRQE) – KRQE News 13 has learned more about what led to the abduction of a 1-year-old in Albuquerque Wednesday that prompted an Amber Alert. According to a criminal complaint, 35-year-old Jody Ellis was going out to eat with the boy and his mother whom he was dating.

There was a disagreement over where to go, the woman told police Ellis kicked and slapped her, then took off in the truck with the boy still inside. Officers found Ellis and the boy at another home near San Mateo and Menaul.

The woman told police that Ellis is the boy’s biological father but he is not on the birth certificate and is not part of a court-ordered parenting plan. He is now charged with battery on a household member.