A Colorado man is behind bars and under investigation for child neglect after his car was towed with his one-year-old son still inside last weekend.

Thomas Benton left his son in his car while it was parked in an apartment complex lot, according to ABC 7. When he returned to find an empty parking spot, he called Denver Police and reported a possible kidnapping. On the way to the apartment building, dispatch told the responding officers the vehicle had been found in a private tow lot.

Benton had parked in a spot that was not open at night. The car sat for forty minutes before it was towed, though Benton says he left his son in the car for only ten minutes. The driver didn't check inside the car before towing. The little boy appears to have slept through the ordeal and was unhurt.

Benton was arrested on an outstanding warrant, and is being investigated for neglect.