CINCINNATI — A 23-year-old man was in court Saturday after he allegedly attempted to kidnap two students at different Deer Park schools Friday.
Deivis Edain Tomas-Marcario is facing several charges, including attempting kidnapping, illegal possession of a deadly weapon near a school and burglary.
According to court records, Tomas-Marcario entered Deer Park High School on Friday and attempted to kidnap a 14-year-old boy. After he failed, the 23-year-old went to Amity Elementary, which is roughly half a mile from the high school, and attempted to kidnap an 8-year-old girl.
A district spokesperson told WCPO that Tomas-Marcario entered the high school's secured entryway around 11:15 a.m. and attempted to pick up the 14-year-old. Tomas-Marcario was not on the contact list, so they called the child's parent who said she knew the man but her kids were not to go with him. The spokesperson said their high school administrative team then alerted Amity Elementary since the 14-year-old had a sibling at the elementary school. As they were on the phone with Amity faculty, Tomas-Marcario entered the main office where he was approached by the school security officer and administrative assistant, the spokesperson said.
The school's security officer contacted the police, who discovered Tomas-Marcario was intoxicated at the time of the attempted kidnappings. According to court documents, police also found a loaded firearm and open alcohol containers in his vehicle. The gun was also reported stolen, the prosecutor's office said in court Saturday.
Tomas-Marcario's defense entered a plea of not guilty Saturday.
"What is happening here is not quite, is not quite as spectacular as the allegations initially make it seen," Tomas-Marcario's attorney said.
The two children involved in the alleged kidnapping attempts are children of Tomas-Marcario's "baby mama," the defense attorney said. Tomas-Marcario has other children with this woman, but the 14-year-old and 8-year-old aren't his kids.
According to court documents, Tomas-Marcario was attempting to keep the children from their mother in an attempt to gain contact with her. Tomas-Marcario's attorney claimed that he was only trying to give car keys to the children so they could return them to their mother.
"He wasn't trying to kidnap them or take them or anything," the attorney said, further saying that Tomas-Marcario's "not some strange guy preying on schools."
When asking for a higher bond, the prosecution further emphasized to the judge that these aren't Tomas-Marcario's children and that he endangered the community, himself and these children due to the open alcohol and firearm found in his vehicle.
A Hamilton County judge gave Tomas-Marcario a total bond of $423,000 for his eight charges.
Here's a breakdown of Tomas-Marcario's bond:
- Count 1: Attempt — $100,000
- Count 2: Attempt — $100,000
- Count 3: Illegal possession of a deadly weapon near a school — $10,000
- Count 4: Receiving stolen property — $10,000
- Count 5: Burglary — $100,000
- Count 6: Burglary — $100,000
- Count 7: Improperly handling firearms in a motor vehicle — $2,000
- Count 8: Disorderly conduct — $1,000
Tomas-Marcario is expected to report to the grand jury on Friday, Jan. 24.
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