Suspect in disturbing day care video facing serious sex charges

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Fatina Sawyer and Gabriella Del Carmen Garcia faced a judge, where they were told the serious charges they face. (Source: 3TV/CBS 5) Fatina Sawyer and Gabriella Del Carmen Garcia faced a judge, where they were told the serious charges they face. (Source: 3TV/CBS 5)
Sawyer faces charges of sexual exploitation of a minor, luring a minor for sexual exploitation and furnishing obscene material to minors. (Source: 3TV/CBS 5) Sawyer faces charges of sexual exploitation of a minor, luring a minor for sexual exploitation and furnishing obscene material to minors. (Source: 3TV/CBS 5)
Garcia faces four counts of furnishing obscene material to minors. (Source: 3TV/CBS 5) Garcia faces four counts of furnishing obscene material to minors. (Source: 3TV/CBS 5)
Mug shots of Gabriella Del Carmen Garcia and Fatina Sawyer (Source: Maricopa County Sheriff's Office) Mug shots of Gabriella Del Carmen Garcia and Fatina Sawyer (Source: Maricopa County Sheriff's Office)
Documents say the women were recording in a room where at least two toddlers were present. (Source: Yelp) Documents say the women were recording in a room where at least two toddlers were present. (Source: Yelp)
PHOENIX (3TV/CBS 5) -

Two ex-day care workers appeared in court Thursday on sex charges after, police say, they created a disturbing video involving toddlers. One of the accused women faces a charge of sexual exploitation of a minor.

Court documents say Fatina Sawyer, a former employee of SuperKids in Chandler, captured cell phone video at the facility showing her then-coworker, Gabriella Del Carmen Garcia, simulating sex acts with an adult toy. Documents say the women were recording in a room where at least two toddlers were present. According to the paperwork, Sawyer then beckoned a 2-year-old boy waking up from a nap and handed him a sex toy.

[ORIGINAL STORY: Daycare workers accused of playing with sex toy in front of kids now in custody]

Garcia turned herself in to Chandler Police on Wednesday and now faces four counts of furnishing obscene material to minors.

Sawyer was arrested at her mother’s house in Mesa. She was seen in court on charges of sexual exploitation of a minor, luring a minor for sexual exploitation and furnishing obscene material to minors.

[RAW VIDEO: Day care worker in disturbing video appears in court with lawyer]

Criminal defense attorney, Russell Richelsoph with Davis Miles McGuire Gardner, says he believes the charges against Sawyer are overreaching. 

“Typically with sexual exploitation of a minor, the child needs to be in some state of nudity or the child needs to be engaged in some kind of actual sexual conduct,” says Richelsoph.

[RAW VIDEO: Suspect in disturbing day care video faces judge]

He says while the day care scandal case is unique, the bottom line is proving the intent behind the video. He says a luring charge is usually for more serious crimes.

“Usually we see those in child prostitution cases,” says Richelsoph. “Based on what I’ve read, I don’t know that those are the facts here.”

Richelsoph says there’s the possibility that the county attorney will file different charges.

PDF: Court documents for Gabriella Del Carmen Garcia

PDF: Court documents for Fatina Sawyer

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Copyright 2017 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved.


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