TALLAHASSEE, Fla. (WTXL) — A man is behind bars after being accused of following an 8-year child inside of a Tallahassee restaurant's bathroom.
According to court documents, Tallahassee police responded to a report that a homeless man was locked inside the bathroom with a child at the Whataburger on West Tennessee Street.
The caller stated that the child said the suspect touched her while she was in the bathroom with him.
Officers say the FSU Police Department also responded to a disturbance at the same location. When TPD officers arrived on scene, they spoke with FSU officers who identified the suspect, 20-year-old Brian Montes, who was with four other people.
During the investigation, police reviewed the surveillance video that showed child walking towards the bathrooms with her mother.
Police say the women's bathroom was occupied so the the child used the men's restroom. Video showed the mother walking inside the men's bathroom, which was single use bathroom meant for one person at a time, and checking to make sure no one was inside.
Investigators say the mother stated that she had instructed her 8-year-old daughter to lock the door and left the restroom to order food.
Surveillance video later showed the child leaving the restroom. However, investigators say the child turned around and went back into the restroom.
A few moments later, surveillance video captured the suspect, Brian Montes, 20, walking towards the men's bathroom. Documents say he entered the bathroom with the child still inside and closed the door behind him.
About 30 seconds later, the Montes exited the bathroom and walked back to dining area of the restaurant. Around 30 seconds after that, investigators say the victim was seen opening the bathroom door and standing in the doorway before leaving to go back to the dining area.
After reviewing the surveillance footage, investigators spoke with the victim.
The 8-year-old stated that when she tried to leave the bathroom to get her mom, Montes said "Go back in and be quiet."
The victim's mother stated that Montes fondled the child's pants when he corned the child in the bathroom. The child told police she tried to run out of the bathroom after but Montes stopped her, so she ran around him to get away.
After the child ran out the bathroom, she said she went to find her mom and asked to leave.
Later during the investigation, officers spoke with Montes' mother who stated that he is supposed to be taking medication. His mother also told police that Montes was arrested in 2015 for touching someone in Brooklyn.
During an interview with Montes, documents say he kept repeating "he needed to go the hospital and that he needed help."
Montes also admitted that he followed the 8-year-old inside the bathroom after seeing her go inside.
Documents say he went on to explain that "the devil told him to go in with the child," advised he had autism, and said he needed mental help with his urges. Montes also explained that something similar had happened in Brooklyn a few years ago.
"Based on Montes severe mental incapacities, [investigators] did not attempt a full interview," investigators wrote in the arrest report.
Based on the evidence, Montes was arrested and transported to the Leon County Detention Facility on Sunday for attempted lewd and lascivious molestation and false imprisonment.
On Monday, Montes had his first appearance in court where a Leon County judge determined there was no probable cause for attempted lewd and lascivious molestation. Instead, he will be charged with solicitation of a child, a second degree felony.
He is being held in jail on a $27,500 bond. Montes is set to undergo a mental health evaluation.
