Man convicted of indecent assault of coworker

NORRISTOWN » A Bridgeport man was convicted of having indecent contact with a female coworker at an Upper Merion restaurant and now awaits his fate from a judge.

Facundo Martinez, 35, of the 300 block of Coates Street, was convicted in Montgomery County Court of charges of indecent assault without consent and harassment in connection with a June 2017 incident outside the Cheesecake Factory on West DeKalb Pike in Upper Merion.

A jury convicted Martinez of the charges after a three-day

trial. The jury acquitted Martinez of a more serious charge of indecent assault by force.

Judge Steven C. Tolliver, who presided over the trial, deferred sentencing so that court officials can complete a background investigation report about Martinez. The judge also ordered a psychosexual evaluation of Martinez.

Martinez, who remains free on bail pending sentencing, faces a possible maximum sentence of one to two years in prison on the charge. However, state sentencing guidelines could allow for a lesser sentence.

The judge ordered Martinez to have no contact with the victim as a condition of his bail.

An investigation began on June 13, 2017, when the victim appeared at the Upper Merion Police Department to report she had been assaulted the night before by Martinez, a coworker at the restaurant. The woman told detectives the assault occurred as she went to a shed outside the restaurant to get supplies, according to the criminal complaint.

The woman told detectives Martinez entered the shed behind her and closed the door. Martinez proceeded to grab the woman and touched her in an inappropriate manner, according to the arrest affidavit filed by Upper Merion Detective Constance Marinello.

“She told him to stop and said she had to go back to work. Martinez just said, ‘No, you don’t,’” Marinello alleged in the arrest affidavit.

The woman told Martinez to “stop” again but Martinez continued touching other intimate parts of the woman’s body and unbuttoning her shirt, according to the criminal complaint.

“(The victim) said she told him to stop at least ten times and he kept saying, ‘No, why?’ and ‘It’s fine,’” Marinello alleged, adding Martinez also started kissing the woman. “(The victim) tried to get to the door but Martinez wouldn’t let go of her. He then turned her and kissed her on the lips. At that time (the victim) was able to kick at the door and it swung open.”

The woman was able to escape and then went back inside the restaurant, court documents indicate.