ONEONTA – An Oneonta man is facing several charges after he allegedly broke into a woman’s apartment and tried to leave with their three-year-old child, despite an order of protection against him, according to the Oneonta Police Department.
Nicolas Martinez, 29, is charged with felony second-degree burglary, misdemeanor second-degree criminal contempt and misdemeanor endangering the welfare of a child.
Around 8:30 a.m. Thursday, Oneonta police responded to a residence on Columbia Street for a report of a burglary in progress. When officers arrived on scene, they say Martinez and a woman were engaged in a verbal and physical dispute, with the woman blocking the doorway as Martinez was allegedly trying to leave the apartment with their three-year-old child.
Police say the woman was asked to open the back door of the apartment, while Martinez stood at the top of the stairs as police tried to talk him into letting the child go, but he refused to do so.
Police say after several minutes of negotiating with Martinez an officer was able to block Martinez from entering the main part of the apartment from the stairwell landing. The officers approached Martinez as he tried to re-enter the woman’s apartment, and Martinez was stopped by the officer blocking the door.
Martinez was ordered to let the child go and again refused, according to police. Martinez was then restrained and police were able to remove the child from his possession and return the child to the mother.
Police say that during the investigation they learned Martinez had an active order of protection in place to protect the child from him. They say he endangered the welfare of the three-year-old child and also a 14-year-old child when he forced his way past the woman to get to his child.
Martinez was arraigned in Oneonta City Court and released on his own recognizance. He was also served an order of protection.