A man suspected of kidnapping his own son after allegedly choking his wife is in custody.

Pierce County Sheriff's deputies responded to the call in the Key Peninsula area this morning.


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They say the suspect, Justin M. Smith, 23, left the home his wife was at with the baby, in a blue 2006 Hummer H3. Deputies found the SUV in the Lake Holiday area of Key Peninsula.

Investigators say Smith hit a power pole and ran away with the child. They found the 11-month-old boy in good condition left in a wheel barrow on the side of Powerline Road.

A Puyallup K-9 unit caught the suspect with help from members of the Pierce County Sheriff's Department SWAT team. Q13 FOX News has learned that he was bitten by one of the K-9s. Gig Harbor Police also assisted with containment on the area where the suspect was located.

Justin Smith is a Marine Drill instructor who was stationed in California.

Q13 FOX News has learned this is not the first time Smith has faced possible criminal charges. A protection order filed against Smith by his wife in 2006 describes, "The most recent incident involved Justin taking our son out of the house after an argument and leaving the home with his firearm to an undisclosed location."

It also described a previous arrest for domestic abuse and possible kidnapping. The woman told authorities, "Justin Smith slammed me against the wall in a scuffle over a cell phone. This caused my nose and mouth to bleed."

His wife states that she's been living in fear. "Justin Smith has broken every protective order in the past scenarios and I am living in fear that he will do something drastic now that I am making plans to keep our family safe and in the state."