SAN ANTONIO – Former first-grade teacher Carlos Martinez, 45, has been charged with indecency with a child by contact, in an alleged incident involving one of his 5-year-old students at Montgomery Elementary School in northeast Bexar County.
Aubrey Chancellor, spokesperson for the Northeast Independent School District, said the child made the outcry last September.
"A little girl claimed that this teacher had touched her inappropriately over her clothes," Chancellor said.
Chancellor said the child claimed several other students in class that day saw what allegedly happened.
"We interviewed all those students, questioned them thoroughly and they did not support her claims at that time," Chancellor said.
Chancellor said even after the alleged victim was interviewed by NEISD police and a human resources staff member, her claims were not found to be credible.
As a result, Chancellor said Martinez was reinstated nine days after being put on paid administrative leave.
"According to everything we knew at that time, we just couldn't justify leaving the teacher out on leave," Chancellor said.
However, more than a week later, Chancellor said he was placed on leave again after learning an investigation by Child Protective Services deemed the child's allegations were credible.
"The District Attorney and the Bexar County Sheriff's Office believed there was evidence to charge him," Chancellor said.
The case was turned over to Bexar County grand jury that indicted Martinez.
"If there was any evidence at the time, you can bet he would not have been put back in the classroom," Chancellor said.
She also said it was "unfortunate" the CPS investigation took as long as it did.
Chancellor said the district was told CPS was too busy to send anyone to talk to that child the day the allegation surfaced, but the agency had 30 days to complete its investigation.
"It just takes some time with backlogs and staffing issues and that sort of thing on their end," Chancellor said.
An email from Mary Walker, CPS spokeswoman, disputes that version of events.
"CPS would not tell anyone reporting allegations of abuse or neglect that the agency is too busy to conduct an investigation," Walker said.
She said the investigation was done within the proper time frame and the results were turned over to the district.