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Colorado Springs school custodian accused of sexually assaulting multiple children in his family

COLORADO SPRINGS, Colo. (KRDO) - Court documents reveal a custodian with Academy District 20 is accused of sexually assaulting multiple children within his family for several months.

According to an affidavit, 62-year-old Jose Garcia was arrested on Aug. 28, 2023. The victims listed in this case range from five years old to 14.

The affidavit states an investigation into Garcia began on Aug. 22, 2023. The Colorado Springs Police Department received a report from an adult that Garcia had grabbed a 14-year-old from behind and "forcefully touched" her breasts. The adult said this was an "ongoing issue" with Garcia.

During a forensics interview with the 14-year-old, she said she'd moved out of a house she shared with Garcia after he "hugged her from behind very tightly and touched her breasts." According to the affidavit, the victim said that happened around Christmas. She told investigators she didn't want to hug him and told him to get off but he wouldn't. The victim said she was scared when this happened.

The victim said this happened again but she managed to escape his grasp before he touched her. She told investigators Garcia said something to the effect of "Que bonita pechos, (what a beautiful breasts."

In the interview, the affidavit states the victim mentioned another possible victim who said Garcia grabbed her breasts too. She told investigators the other victim said this "happens every time she sees him (Garcia.)"

An investigator asked the victim if there had been other instances where someone else was touched by Garcia without permission. The victim said she'd seen Garcia grab a five-year-old boy "by his privates." She told police she "did not think (Garcia) should be allowed around children." She said she was afraid to go to school because she was supposed to be moving to the school Garcia worked at. According to a statement by D20, Garcia is a custodian at Mountain Ridge Middle School. He has since been placed on leave.

During a Mirandized interview, the affidavit states Garcia denied the allegations. Claiming the accusers were part of his family - but that they were liars. When asked about a potential third victim, Garcia reiterated that "that side of the family cannot be trusted."

On Aug. 23, investigators spoke with someone involved in the case who agreed to bring a third possible victim in for a forensic interview. Ahead of that interview, the woman told police that many of the behaviors she'd been observing with the child made "much more sense now." The woman said the child had been telling her that Garcia had been touching him for the last three months. She also said the child was afraid to let the doctors examine him for a routine examination.

On Aug. 24, a forensic interview was conducted at the Safe Passage Child Advocacy Center. During the interview, the child told investigators Garcia was "always" touching him. He said "(Garcia) wants me to like it," and said Garcia was using his hand, skin on skin. According to the court documents, the child said the last time this happened was when he was five, it was noted the child is still five years old.

In another interview, police spoke to someone who admitted to finding out Garcia had touched one of the victims after finding her crying in her bedroom. She also said she'd seen Garcia touch another person inappropriately on a few occasions, and seen him grab an unnamed child by his penis.

According to the affidavit, the interviewee had told police Garcia "thought it was funny" but she felt it was inappropriate.

After speaking with Garcia in another Mirandized interview, he again denied ever touching the victims - claiming "that side" of his family "are no good." Garcia was taken into custody and later taken to the El Paso County Criminal Justice Center.

Garcia faces the charges of sexual assault on a child by one in a position of trust, a class three felony, and sexual assault on a child, a class four felony.

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