AUSTIN - Police have charged an Austin man after they say he inappropriately touched a 14-year-old boy on a MetroRail train Tuesday afternoon.
The arrest affidavit for Tomas David Garcia, 53, states the incident happened on the MetroRail train that left downtown around 3:45 p.m. March 7. The victim told police Garcia sat next to him on the train and borrowed his phone to make a call before he started complimenting him and asking for his age. According to the affidavit, the victim said Garcia began touching his and the victim’s crotches while making sexual comments. After Garcia exited the train at the Howard Lane station, the affidavit states the victim texted his mother, who called police once the victim got off the train.
Police said they checked the victim’s phone and traced the number Garcia dialed to his roommate. The roommate told police he received a call from Garcia, who asked him to pick him up at the Howard Lane station. Police also spoke with Garcia, and noted in the affidavit “that Tomas appeared very nervous.” Police said Garcia admitted to being on the train but initially denied sitting next to anyone. The affidavit states Garcia “later corrected himself and stated he was sitting next to someone and that he had used a kid’s cell phone.”
The victim identified Garcia from a lineup, and the affidavit states he asked to speak with a lawyer when brought to the Child Abuse Offices to speak with police.
Police have charged Garcia with felony indecency with a child by sexual contact. The affidavit states bond was set at $40,000 bond. If released, Garcia will face additional restrictions of a 3 p.m. to 6 a.m. curfew, no contact with the alleged victim and no contact with children 15 years of age or younger. A booking photo was not available early Friday afternoon.
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