ALBUQUERQUE (KRQE) – An Albuquerque judge has dropped the charges against a man caught on video pistol whipping a woman at an Albuquerque park. The judge said the charges against 24-year-old Xavier Amaya were dismissed due to defective complaint.

It happened at around 6:20 p.m. Saturday. An Albuquerque police spokesperson says a man was seen arguing with his girlfriend in the parking lot of U.S.S. Bullhead Memorial Park. When bystanders stepped in, things turned ugly. Amaya was seen in the video pointing a gun in his girlfriend’s face and hitting another woman in the head with a gun after his girlfriend confronted him about an affair.

Amaya was facing several felony charges including aggravated battery. He was taken into custody Sunday evening.

Officials say the problem with the complaint was a lack of signature from the complaining officer. APD says the officer has since been informed and the complaint was refiled. Amaya has been re-booked and is in custody at MDC.