Written by: E. George
Published April 25, 2024 @ 8:30 PM ET
HALL COUNTY, Ga. – Oakwood Police officers arrested a 20-year-old man and charged him with child molestation for masturbating inside the Mundy Mill Road Burger King in front of a child. Upon arrival, the officers located Isaiah Devin Martinez walking behind the building and spoke with him.
Martinez said a manager kicked him out, but he did not know why. When they told him why they were called, he denied masturbating in public.
The restaurant manager said he wanted Martinez criminally trespassed. He did not witness the incident, but a customer told him about it.
The first witness said she observed Martinez lying on a booth bench. He stuck his hand down the front of his pants with his eyes closed and moved his hand around.
After scratching his buttocks, he pulled out his penis and began rubbing it. The witness called 911, and the manager told Martinez to vacate the premises.
The witness said another woman also witnessed the incident. As the officer handed the two women written statement forms to complete, the second witness said that her juvenile daughter had seen Martinez masturbating as well.
She explained that Martinez was seated directly in front of an interior window of the play area. After witnessing the act, her daughter asked her what he was doing. The second witness advised that she wished to press charges.
The officers ran Martinez’s information, and dispatch informed them of an active warrant in Hall County for drug court violations. When they asked him again about the incident, he backed up and acted “like he was going to take flight,” so they handcuffed him.
They transported him to the Hall County Detention Center. This case is pending.
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
On 3/15/2024 at approximately 1635 hours, I, Ofc. Henderson, responded to Burger King, 3703 Mundy Mill Rd, Oakwood, GA 30566, in reference to a male mast*rbating in public in the restaurant. While responding, Dispatch gave out a description of the suspect, possible Hispanic male in black pants. I observed a subject matching that description walking behind Burger King.
I pulled up and spoke with the individual, who identified himself as Isaiah Martinez (H/M DOB: [REDACTED BY AGENCY]03). I asked Mr. Martinez what was going on and he advised management kicked him out, but he believed he left his phone in the restaurant. Mr. Martinez advised he wasn’t sure why they kicked him out. About the time I got Mr. Martinez’s license information, the Store Manager, [WITNESS #1], came outside with Mr. Martinez’s phone. Mr. [WITNESS #1] advised he wanted Mr. Martinez criminally trespassed from the establishment.
Mr. [WITNESS #1] further advised he didn’t see the incident occur, he was just approached by a customer, [REDACTED BY AGENCY] [WITNESS #2] (W/F DOB: [REDACTED BY AGENCY]86), and notified of the incident, so he advised Mr. Martinez to leave the store. I advised Mrs. [WITNESS #2] to wait in the store and I would be with her momentarily. I spoke again to MR. MArtinez and advised him police were dispatched to the scene in reference to him mast*rbating in the restaurant. He denied having mast*rbated in the restaurant. Another officer was on scene, so I left Mr. Martinez with him and went to speak with Mrs. [WITNESS #2]. I had Dispatch run Mr. Martinez to check for warrants.
Mrs. [WITNESS #2] advised she saw Mr. Martinez laying on the bench of one of the booths. Mr. MArtinez got up from the bench, stuck his hand down the front of his pants with his eyes closed and moved his hand around in his pants. Mr. MArtinez then appeared to scratch his buttocks. Mr. Martinez then pulled his pe*is out of his pants and began rubbing it. Mrs. [WITNESS #2] advised she called 911, and Mr. MArtinez was still rubbing his pe*is. Then Mr. [WITNESS #1] came and told Mr. MArtinez to leave the establishment. Mrs. [WITNESS #2] advised a second patron observed the incident as well. I asked Mrs. [WITNESS #2] if she had taken any video or photographs of Mr. MAtinez whil his pe*is was out and she said no, she was too shocked that the incident was occurring, and it never crossed her mind to video/photographs while it was happening.
Mrs. [WITNESS #2] completed a written statement which has been attached to this report. Mrs. [WITNESS #2] advised the second witness, [REDACTED BY AGENCY] [WITNESS #3] (W/F DOB: [REDACTED BY AGENCY]/87), was willing to complete a written statement as well. Both statements are attached to this report. When I went in to hand the witnesses the written statement forms, Mrs. [WITNESS #3] advised her daughter, ***JUVENILE*** [REDACTED BY AGENCY] [VICTIM #1], observed the entire incident as Mr. Martinez was in front of one of the interior windows of the play place. Mrs. [WITNESS #3] advised when the incident was occurring, her daughter asked what Mr. Martinez was doing. Mrs. [WITNESS #3] advised she wanted to pursue charges on Mr. Martinez.
I viewed surveillance footage of the incident on Mr. [WITNESS #1]’s phone, but Mr. Martinez was turned away from the camera. If video footage is needed, Mr. [WITNESS #1] advised it would need to be obtained from Corporate.
I walked back outside to confirm Mr. Martinez’s side of the story. Dispatch advised MR. MArtinez had a warrant through Hall County for Drug Court Violations, and it was confirmed. I asked Mr. Martinez why other people would say his pe*is was out when he said it wasn’t. Mr. Martinez began backing up and acting like he was going to take flight. At this point I discontinued his questioning, placed him in handcuffs, checking for proper fit and double locked. I placed Mr. MArtinez in the rear seat of my patrol car and seatbelted him in. Sgt. Weber had just completed a consent search of Mr. Martinez’s person and no weapons, means of escape or contraband were located.
I transported Mr. Martinez to Hall County Detention Center and turned him over to on-duty deputies for booking without incident. I signed the existing warrant and turned it over to on-duty deputies for processing. I will be securing additional warrants on Mr. Martinez for the follwing:
-Public Indecency for performing a lewd exposure of his sexual organ, his pe*is, in a public place, Burger King. -Child Molestation for performing an immoral and indecent act, fondling his pe*is, with intent to aruse himself in the presence of ***JUVENILE*** [REDACTED BY AGENCY] [VICTIM #1], a child under the age of 16 years of age.
The rear seat of my patrol car was earched prior to and after transport.
I took Mr. Martinez’s bookbag to [4500 BLOCK] Prestwick Dr, Oakwood, GA 30566 at his request after turning him over to Hall County DC.
[End of Narrative]