A Houston, Texas, woman who contracted a sexually transmitted disease after a custodian at work allegedly urinated in her water bottle has filed a civil lawsuit.
Lucio Catarino Diaz, 50, was arrested in Houston this week and charged with aggravated assault with a deadly weapon after allegedly putting his penis inside the water bottle during his shift at a medical office.
The woman had set up a camera and captured footage of the suspect after noticing an odd smell in her bottle. The lawsuit was filed on behalf of the woman and three other victims who have also come forward.
"Just picked it up, removed the cap, and proceeded to put his penis halfway into the bottle," the alleged victim told KHOU11. "Then he tilted it up so that his penis was surrounded by the water."
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She decided to use a camera to catch Diaz after she detected foul odors in the bottle and a co-worker who offered to make her coffee one day noticed the inside of the bottle was yellow. The victim had asked the co-worker to use her bottle for the coffee because water from the dispenser at work smelled and tasted funny.
Attorney Kim Spurlock filed the lawsuit Thursday. The suit alleges that the building’s owner, the management company and the janitorial company that employed Diaz failed to properly vet him.
The complaint also claims the building’s management did not address the victim's concerns in a timely manner after she came forward about Diaz's conduct.
The suit is seeking more than $1 million in damages.
According to the suit, the initial victim contracted herpes from the water bottle, as did one other person. Spurlock said she expects both the plaintiff list and the number of charges against Diaz to grow.
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The victim had begun bringing a water bottle to work every day after purchasing a bottle from a dispenser at the office in August that smelled and tasted funny. If she did not finish the bottle during her shift, she would leave it at work for the next day.
But after a few days, she noticed that this bottle also started to smell. And then in September, the co-worker making her coffee looked in the bottle and asked why it was yellow.
"I felt disgusted," the victim told KHOU11. "I raised it to my face, smelled it, and it smelled like urine."
The victim had a doctor she worked for perform a urinalysis, which confirmed the substance was urine. She told some other co-workers what happened and one of them said they had experienced something similar.
She immediately contacted the police and the building’s management company. But the company waited six days to alert all the tenants of what had occurred, the complaint alleges.
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Diaz allegedly admitted to the accusations when questioned by police, saying he did it out of "malicious intent" and that it was a "sickness." He also allegedly admitted to doing something similar at a previous job.
He said he could not remember the number of times he had done this and was not aware he had any diseases, but lab results confirmed he tested positive for the same disease as the victim.
Diaz is in the custody of ICE pending his first criminal court hearing.