The victim told police that the server hugged her against her will and attempted to kiss her.
Jose Guzman de Leon was arrested on a charge of battery touch or strike after a woman told police that he followed her into the bathroom at Maria Bonita and tried to kiss her.
According to the Ormond Beach Police Department's report, the victim said around 6:30 p.m. April 14 she and a friend were having dinner at Maria Bonita, and she went to use the bathroom. When she opened the bathroom stall, she said Guzman de Leon, who is a server at Maria Bonita, was standing outside.
She stated that he then hugged her against her will and attempted to kiss her, but she pulled away. When she did, Guzman de Leon, who is 18 years old, repositioned himself behind her and grabbed a hold of both of her arms, trying to pull her back into the stall. The victim told police she yelled, "What are you doing," and "Stop," and she was able to leave the restroom.
The victim said that after she got back to the bar area where she was sitting, Guzman de Leon came up to her and started to apologize. The woman's friend told police that the bartender told Guzman de Leon to leave the victim alone, but he continued to apologize. The victim and her friend told the staff about the incident and left to call 911.
Though he did not grope or touch her inappropriately other than the unwanted advance, the victim told police she was worried he would have if he was able to pull her into the stall.
Guzman de Leon told police that he was attempting to clean the bathrooms when the victim was inside. He said he apologized to her for walking in and said the victim told him he could stay. He stated that he put his hand out towards the victim so she could shake his hand, and that was all that happened.
He also told police that the victim was drunk. The victim told police she had two drinks at Maria Bonita, but police reported that she did not appear to be intoxicated.
Guzman de Leon was arrested on a charge of battery touch or strike and transported to the Volusia County Branch Jail.