A 23-year-old man is facing a public lewdness charge after a brief visit to a daycare in El Paso County on Thursday that a witness said offended them. Xavier Nieves Martinez entered Ice Castle Daycare at 13300 Horizon Boulevard around 1:47 p.m. and was gone again about four minutes later, according to camera footage cited in the case.
According to KFOX, Martinez is accused in a complaint affidavit of touching himself over his clothing inside the daycare. A witness told a sheriff's deputy, per a court document cited in the report, that Martinez rubbed the outside of his pants near his genital area while looking at staff, and said the behavior was offensive.
The daycare director told investigators she saw Martinez move to a corner of the room where a substance believed to be semen was later found, the affidavit states, though she said she did not actually see him touch himself. Another employee reported seeing Martinez sitting on a couch and later standing near its corner before he left, according to the same account.
Martinez's Version of Events
Martinez told a deputy he had been feeling ill and had just left a nearby hospital, per the affidavit. He said he had gone to the daycare to ask about enrolling his 3-year-old child, and he denied arguing with or touching anyone while he was there.
Investigators collected photographs and DNA evidence as part of the case, the affidavit notes. Employees of the business also reported two previous incidents involving Martinez earlier that same week, though further details on those encounters were not included in the report.
2024 Downtown Stalking Case
In 2024, KVIA reported that El Paso Police charged a then-21-year-old man named Xavier Martinez with stalking a woman in Downtown El Paso.
No additional court dates or case outcomes for the public lewdness charge have been verified at this time. The allegations against Martinez remain just that — allegations drawn from a court affidavit and witness accounts, not findings of fact.
