Updated Thursday --- January 17, 2008 --- 1:10pm

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Updated Wednesday --- January 16, 2008 -- 10:07pm

"I took those pictures quietly so that he didn't see me doing it and I took them so there was evidence. But they say it's not enough evidence."

Rebecca Kowald took the picture that captured the controversy. It's a photo you saw here first on NBC 15 News. Authorities say 36 year old Mathew Kowald tied his son up with tape, after he refused to wear a Packers jersey and left him bound for nearly one hour.

"And he started crying on the floor because he couldn't get out," says the boys mother.

Kowald was arrested on suspicion of causing mental harm to a child and false imprisonment, both of which are felonies, and domestic disorderly conduct. But he was only cited for disorderly conduct. We caught up with him tonight and he had this to say.

"We were playing around it was fun at the start and he got upset at the end, yes, and I realized that and we let him go," says Mathew Kowald. "It was like a minute or two. When he got upset we let him go."

Columbia County District Attorney, Jane Kohlwey says she believes what Mathew Kowald did was horrible but the law says a parent can restrain their child but doesn't say to what degree. Now Rebecca Kowald, fearing for her well being, has taken out a restraining order on her husband.

"It's sort of scary that anybody that would be put in that type of a situation has the same type of fears again," says Columbia County Sheriff, Dennis Richards.

She must now explain what happened to her 7 year old son.

"He blamed himself. He's like mommy daddy's in jail because of me."

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Posted Wednesday --- January 16, 2008 --- 12:15pm

Authorities in Columbia County say a 36-year-old man tied up his young son with tape for an hour after the boy refused to wear a Green Bay Packers jersey during the team's game last Saturday.

Sheriff's Lieutenant Wayne Smith says Mathew Kowald was cited for disorderly conduct for the incident involving his 7-year-old son at their home in Pardeeville.

Kowald was arrested on Monday after his wife called authorities.

Kowald was taken to the county jail and held until Wednesday, when he pleaded no contest, paid a fine of $186 and was released.

Smith says Kowald's wife filed a restraining order Wednesday, so Kowald will not be able to have contact with his family. Smith says other domestic issues have surfaced, though he wouldn't elaborate.

The father was accused of restraining the boy for an hour with tape and also taping a jersey onto him during that time.

AP