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Cobb man says he was attacked by a tow truck driver trying to take his son’s car

A Cobb County man is calling on police to file charges after he says a tow truck driver attacked him when he tried to prevent the driver from taking his son’s vehicle.

The victim exclusively spoke with Channel 2′s Michael Seiden on Tuesday. He claims that the truck company was driving around the parking lot and took vehicles for no reason.

The incident report obtained by Channel 2 Action News shows that one of the tow truck drivers told police a gun accidentally fell out of his holster, but he never pointed it at anyone.

The other driver told police that no one had a gun.

“There was an aggravated assault committed against Ms. Phillips and there was an aggravated assault committed against Mr. Morales. Somebody has to investigate this,” attorney Suri Chadha Jimenez said.

Carlos Morales’ attorney says he was stunned to learn that Cobb County police had declined to file charges against two drivers who work at American Eagle Towing, now accused of attacking and pulling a gun on his client.

Morales says it all began Thursday after management at the Pines at West Cobb hired a towing company to remove unregistered vehicles, including those with expired tags, from the property.

One of those vehicles towed belongs to Morales’ son, Kevin, who is currently serving in the National Guard.

Carlos says his son had updated his registration but forgot to put the new sticker on his truck before he left home.

“When I stopped them, I tried to tell them, ‘I’ll show you the registration,’ but the guy got down and started verbally abusing, and physically too,” Morales said in Spanish.

“The tow truck driver was really beating him up. He body-slammed the man. It was awful,” neighbor Desiree Phillips said.

Phillips said she tried to stop him and that’s when one of the drivers pulled a gun.

“First, he was like that and then he pulled it out like that,” Phillips explained.

According to the police report, one of the drivers accused Morales of being the aggressor. It claimed the husband and father grabbed him by the shirt and attempted to lock him out of the tow truck.

“That’s an absolute lie,” Jimenez said.

Last week, Channel 2 Action News reached out to American Eagle Towing but has not yet heard back.

As of Monday night, Morales is still fighting to get back his son’s truck. In the meantime, Morales and his attorney are expected to go before a judge in the next week and they believe they have enough evidence for the judge to issue felony arrest warrants for the drivers.