Fireman. . .
Gavin Vargas said his father was upset because Gavin had not changed the vehicle's title over to his father's name, the report states. Gavin Vargas reported the incident later the same night at the police station.
The report lists Cesar Vargas' offenses as aggravated assault, aggravated battery, and property damage, but he has not been formally charged or arrested.
Cesar Vargas gave a statement to police that his son caused the damage to the Dodge himself by backing into the tow truck, the report states. The front bumper of the tow truck and the passenger side door and window of the Dodge were damaged.
Vargas drives the truck for Holmes Wrecker Service, the police report states. A woman who identified herself as the owner of Holmes Wrecker Service, but did not give her name, said Monday she had no knowledge of the company's truck being damaged, saying it had not been reported to her.
This is the second time Vargas has been accused of causing damage with a tow truck. In 2005 police witnessed him destroying his own Honda Accord by ramming it with a tow truck owned by then city councilor Anthony Vandervossen. Then-police chief Richard Guillen said Vargas was not charged with any crime because he had only damaged his own property.
At that time, Vargas was placed in protective custody for detoxification and given an appointment for a mental evaluation at Ayudantes, a SUN report states.
"Due to him not taking his medication and drinking alcohol was a point where Cesar was unable to control his emotions," the report states.
Española Fire Chief John Kitchen said he is not aware of whether Vargas is currently taking medication, but said that if he is, it does not interfere with his ability to do his job, which includes driving a fire truck.
Vargas was also charged in 2001 with three felonies including battery of a household member, a SUN report states. Those charges were dismissed because Vargas was indicted of the charges in the wrong county.
This time, two rifles and the handgun allegedly used to threaten Gavin Vargas were collected from Vargas' residence and taken in to evidence by Española Police, the report states.
Española Police Sgt. Christian Lopez said the Department will be obtaining taped interviews of parties involved in the incident, and may forward the case to the District Attorney's office, depending on the findings of the investigation. Vargas' employment status with the Fire Department had not changed as of Monday, Kitchen said.
"You've got two different versions, 180 degrees different," Kitchen said of the discrepancies between Cesar Vargas' and his son's accounts of the incident. "I don't know who (police) are going to believe. Right now we have full confidence in (Vargas)."
Reached Monday, Cesar Vargas said he had no comment on the matter, except to say his attorney is taking care of it.