A man with the same name and date of birth had been the subject of a domestic violence restraining order petition filed in Milwaukee County Circuit Court in April 2015. But the suspect was not properly served, and the court denied the restraining order and dismissed the case. It was not clear Sunday whether the petitioner who sought the restraining order was the mother of the child. According to police, the child's parents were arguing Saturday when the father grabbed the infant, went to the pond and walked in. A witness followed the man but was unable to retrieve the child, police said. "I yelled at him 'where's the baby? Where's the baby?' a man identified as Joey Griffin told WITI-TV. "And then I saw a baby floating in the water. I grabbed it. I tried to swim away with it. He lunged at me and took the baby again and swam farther, deeper," the witness said. Officers ran into the pond in an effort to rescue the boy, but the father was no longer holding him. Police arrested the suspect and began searching for the child, who was found unconscious within minutes, the department said in a statement. Milwaukee firefighters tried unsuccessfully to revive the child. He died at the scene.