A man is speaking out after his friend was charged with DUI following a truck crashing and partially submerging into a creek with a three-year-old inside.

When the first deputy arrived at 6219 Sam Smith Road in Birchwood Saturday at 6:30 p.m., he found three people entrapped, according to the Hamilton County Sheriff's Office.

An affidavit states that the deputy retrieved the child from the vehicle first and once Highway 58 Volunteer Fire Department arrived on the scene, they extricated 52-year-old Tony R. Lewis who is currently in jail, and his friend Eddie Womack.

The document also says as Lewis was being detained in the back of the ambulance and becoming agitated, the deputy immediately detected an alcohol smell on his breath.

The deputy said he then escorted Lewis out of the ambulance and when he refused to comply, he was detained.

Eddie Womack told Channel 3 his account of what happened.

Womack said it was actually Lewis who got out of the truck first and sat the child on the side of the creek.

While the affidavit states that Lewis was belligerent and wanted to fight deputies when asked to leave the ambulance where Womack and the baby were being treated, Womack says Lewis was being treated unfairly by law enforcement.

"The officer tried to get him to get out of the ambulance and he told him he said no 'let me stay with this baby and him. Make sure we was alright' and the officer started using foul language," Womack said.

Womack is experiencing trauma after injuries to his head, neck, and arm from the crash.

He said he does take full responsibility for his involvement in the drinking and driving incident.

Womack also said Lewis is a good guardian to the child who he said was left uninjured.

Lewis is due back in court December 9.

Stay with the WRCB for updates to this story.