NEWPORT BEACH (CBS) — The Irvine dad accused of throwing his 7-year-old overboard from a Newport Beach boat has been charged with felony child abuse and resisting arrest.

Sloan Steven Briles is scheduled to be arraigned Sept. 26.

Briles, 35, allegedly slapped his special needs son while aboard a tour boat and tossed him into Newport Harbor on Aug. 28.

Orange County Sheriff’s spokesman Jim Amormino said that the boy was crying about an argument between Briles and his father’s girlfriend before the incident occurred.

“Three boaters that were nearby came to the boy’s rescue,” said Amormino. “The father did eventually jump in, but by that time the boy was rescued by a boater.”

Briles later became aggressive with authorities who later boarded the boat to arrest him, Amormino said.

Both the boy and his brother were later returned to their mother’s care, the Associated Press reported.

If convicted, Briles faces six years in prison.