‘Very scary’: Daycare director shares experience after man arrested for felony menacing

PUEBLO, Colo. (KRDO) – A 43-year-old man, Phillip Martinez, faces a felony menacing charge after allegedly threatening staff at the Southside Children's Center with what appeared to be a gun on Tuesday, May 5.

The incident, which prompted a police response to the 2000 block of Prairie Avenue, involved a realistic water gun mistaken for a firearm. Staff says that nearly 70 children were present at the daycare facility during the unsettling event.

According to the Pueblo Police Department, officers were called to the scene after reports of a man attempting to enter the daycare while armed. Martinez was located blocks away from the center and taken into custody. It was determined that Martinez was carrying a water gun designed to resemble a real firearm, according to police.

Josette Rusk, Executive Director for Southside Children's Center, shared that her primary concern during the incident was the safety of the children.

Rusk recounted that a staff member noticed a man, later identified as Martinez, walking back and forth in front of the daycare. Rusk went outside to address the man. She asked Martinez to leave the premises because of the children present.

"I said, sir...can you leave, please?" Rusk said.

She says he did not comply. Martinez then turned around and pulled what appeared to be a gun from his pants, explained Rusk.

"So when he turned around, he took out from his pants a gun," Rusk explained.

They say he then followed Rusk and her assistant towards the gate, attempting to gain entry into the facility. Rusk says she immediately prioritized the children's safety.

"My biggest thing was to get the kids in a safe place right away," Rusk said.

She and her assistant ran inside, and Rusk secured the automatic-gate lock.

The Pueblo Police Department responded quickly, according to Rusk, and found Martinez a couple of blocks away.

Rusk praised the police, noting they swarmed the building and did a really great job.

During the incident, Rusk's assistant fell and sustained an injury, and Rusk later took her to receive medical services. But aside from the physical pain, the experience has left Rusk shaken.

"It's been very scary because you don't know if it's a real gun," Rusk said.

She emphasized that during such a moment, the only thought is the children's safety.

"That's all you care about is, you know, we're here to provide a service to the community. We're here to provide day care. And so, you know, we want to make sure that the kids were safe," she added.

Rusk commended her staff for their actions during the emergency.

"The teachers were amazing. They did everything they needed to do to get the children safe, in a safe place," she shared.

After the incident, parents were notified that their children were safe and that there had been an incident, said Rusk.

Though Martinez used a water gun, Rusk highlighted that it closely resembled a real firearm, making it impossible to distinguish in the moment. She expressed concern about such incidents happening again.

"I don't want it to happen to anybody else. I don't want it to happen to another daycare. I don't want it to happen to any of the schools," Rusk said.

The Southside Children's Center plans to bring in mental health resources to talk with the children about the incident to help them feel safe and allow them to discuss their experiences, Rusk shared. The center is also looking into additional safety measures and intends to continue working to improve security, the Executive Director explained.

KRDO13 is also in contact with Martinez's medical power of attorney, who sent this statement on his behalf.

"Back in February 2024 Phil was hit in the head with a machete by his own friends, which caused him to have a TBI. I have been working with Phil ever since that day to regain all of the abilities that I know he has to be a good person deep down and to relearn simple life things. It has been a tough journey, simply because Phil had to relearn how to talk and do every day like things. Which has caused him numerous challenges, but his strength and determination has showed that he doesn’t give up easy! I have been speaking to Phil and he wanted me to say to the public that he is sorry for any scare or harm. He has done, but he did not mean to do what has happened. Phil is known to be the life of the party with his laugh, his dancing, and his singing! I have been sent a video that as soon as the event happened, you can see Phil, dancing, and singing, walking down Prairie, and I know full heartedly that he did not mean what everybody is thinking that happened! Phil loves children, he would never ever do anything in his right state of mind to hurt or scare a child! With the TBI it has caused his delay to be at the mind of a child himself, Phil is not a hard person to describe when I look at Phil I see a man that’s willing to take his shirt off for anybody. He calls everybody his person and if you know  anything about Grey’s Anatomy, then you will know that he finds everybody important. I myself have been trying to get him mental help. This incident happened two days before his appointment with his psychiatrist that I was finally able to get him  into. I have so many videos in my phone that I would love to have the opportunity to share with you guys about the kind of person Phil really is. We need in this town of Pueblo more mental health crisis centers. Phil and I both agree that he needs help but where do we go?  When there’s not that many resources, or people that understand what he has been through. For example, his own friends are the reason his life has completely changed, and for that he’s searching for who he truly is."

• Brittany, Martinez's medical power of attorney

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