Missouri Man Charged with Kidnapping After Grabbing 3-Year-Old at Truck Stop McDonald's
Jose Juan Martinez allegedly picked up a toddler at a Missouri McDonald's and told the child to "tell your grandparents goodbye" before witnesses intervened.
Suspect Told Toddler to Say Goodbye to Family Before Witnesses Stopped Him
A Missouri man has been charged with second-degree kidnapping after allegedly picking up a 3-year-old child at a McDonald's inside a highway travel stop and attempting to walk out with the toddler, Law & Crime reports.
Jose Juan Martinez was taken into custody following the incident, which unfolded shortly after 2 p.m. on Oct. 18 at a Love's Travel Stop in Newton County, Missouri. Court records confirm the single kidnapping count filed against him.
According to a probable cause affidavit, an officer with the Neosho Police Department responded to the location after receiving a report of a possible kidnapping involving a young child. Five witnesses told investigators they observed all or part of the encounter.
The affidavit states that Martinez picked up the toddler, placed the child on his lap, then stood and began walking toward the restaurant's exit while carrying the child. As he moved toward the door, Martinez told the child to "[t]ell your grandparents goodbye," witnesses reported.
When one of the child's guardians moved to take the toddler back, Martinez "initially refused to surrender" the child, according to the affidavit. He "eventually" returned the child to the guardian, witnesses said.
Surveillance footage from the restaurant captured the episode and corroborated the witness accounts, police said.
After officers detained Martinez and read him his Miranda rights, he acknowledged that the child had "sat on his lap" and that he had walked toward the exit "with the child." He then claimed "it was a joke," the affidavit states, while also admitting the child "was not known to him."
The arresting officer cited the witness statements, video evidence, and Martinez's own admissions as the basis for probable cause — determining that he had knowingly restrained the child and attempted to remove the toddler from the guardian's custody without consent.
Officers chose to arrest Martinez rather than issue a summons because he works as an over-the-road commercial truck driver who regularly crosses jurisdictions, the affidavit notes. His work-related travel and limited ties to Newton County raised concern that he might not appear for a scheduled court date.
By the time police arrived at the scene, the child and the child's family had already left the travel stop. Officers located and spoke with the family before charges were formally filed.
Martinez is being held at the Newton County Jail on $15,000 bond. A condition of any release bars him from contacting the victim. He is scheduled for a pretrial conference on Dec. 8.
Source: Law & Crime