14-year-old sexually assaulted on CapMetro train

Tomas David Garcia (Austin Police Department Photo)
Tomas David Garcia (Austin Police Department Photo)

AUSTIN (KXAN) — A man is in jail accused of sexually assaulting a 14 year old boy on a Capital Metro train on March 7, around 3:44 p.m.

It’s the first “level one” crime CapMetro has seen on it’s rail train since it began services in 2010, meaning no murders, rapes, robberies, assaults or thefts.

The teen told police he was on his way to the Lakeline area when a man sat down next to him and began inappropriately touching him. According to the affidavit, Tomas Garcia, 53, first asked the teen to borrow his cell phone to make a call.

After calling his roommate, the teen said Garcia asked for his name and age. When the teen said he was 14, the affidavit states Garcia started touching himself, moaning and touching the teen. He also started whispering sexually suggestive things asking his foot size and talking about porn.

Garcia then said that there was a group of international high school students he was trying to go for last month, but didn’t have any luck. He also asked if he could follow the teen after they got off of the train and the teen said no. The victim said he was afraid of Garcia because he knows his phone number.

When questioned by police, Garcia first said he didn’t sit next to anyone on the train, then corrected himself and said he borrowed a kid’s cell phone.

CapMetro officials say their team includes fare inspectors who have received security training as well. One rider, Guan Ma, told KXAN, “It’s one incident out of seven years, which is actually very seldom compared to what can happen if you’re walking around the streets.”

Garcia is facing a charge for indecency with a child by contact, a second degree felony and is being held at the Travis County Jail on $40,000 bond.

CapMetro officials say they will have extra officers during SXSW, as they do with every major event in Austin.

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