Press Release Polk County Sheriffs Office
On Tuesday, April 18, 2017, PCSO Deputies arrested a Polk County School Board employee for one count lewd conduct (F-2). The suspect,
49-year-old Jose Baez-Ortiz of Davenport, inappropriately touched a 6-year-old girl at Davenport School of the Arts, where the suspect works as a janitor.
The following is an excerpt from the probable cause portion of the affidavit, and is self-explanatory:
On 04-17-2017 at 1046 hours, the suspect, Jose Baez-Ortiz (49 years of age) approaches the victim, REDACTED (6 years of age) as she is eating lunch in the school cafeteria. The victim discloses during a forensic interview that the suspect sat next to her and
placed his hand up her skirt. The victim says the suspect’s hand went up her skirt and was touching her thigh. The victim said the suspect’s fingers were “scratching me” but it did not hurt. The victim was wearing her school uniform which is a skirt but has
At 1048 hours, the witness was working in the cafeteria as a lunch room aid. The witness said she observed the suspect sitting next to the victim and became suspicious. The witness stated she knew the suspect was not to be sitting with children. The witness
is seen on video observing the suspect from behind. The witness stated she observed the suspect rubbing the victim’s leg and placing his hand inside the victim’s skirt on her inner thigh. The suspect leaves the victim’s table and the witness goes and reports
what she just witnessed.
On 04-18-2017 at 1341 hours, detectives conducted a Post-Miranda interview with the suspect at his residence. The suspect stated he knew he was accused of inappropriate behavior with a student. The suspect denied touching any of the students. The suspect then
claimed he accidentally touched the victim’s leg while trying to stand up. The suspect then claimed he touched the victim’s leg after his hand accidentally slipped off the table. The suspect then admits to rubbing the victim’s leg but said it was over the
clothing. The suspect said he thought the victim was beautiful and wanted to touch her. The suspect stated he “wanted to touch her like a woman”. The suspect said he was having trouble dealing with an ill family member and wanted to touch the victim to make
himself feel better. The suspect then admitted the victim was telling the truth and he did place his hand up the victim’s skirt. The suspect said he was not trying to do anything sexual with the victim and knew the cafeteria had cameras. The suspect stated
he knew he was not to touch the children but desired to touch only the victim. The suspect said he knew it was wrong to touch the victim.
The suspect, Jose Baez-Ortiz was arrested for violating:
F.S.S. 800.04(6)(B) for Lewd Conduct when the suspect intentionally and unlawfully touched the victim on her thigh by reaching under her skirt in a lewd and lascivious manner. The victim is 6 years of age and the suspect is 49 years of age.