Midwest City police said they responded to the restaurant to investigate a call about a disturbance.
When officers arrived, they spoke with day care employees who said a 4-year-old girl had gone to the bathroom in the play area and they went to check on her after noticing the child had “been gone for a while.”
The day care employee said the door was locked, and, after knocking for a while, a man answered and came out with his arms raised, saying “I was just washing my hands.”
The 4-year-old was asked if she was touched by the man and she said “yes,” pointing to her genital area, police said.
The man, identified as 37-year-old Joshua Kabatra, said he was in the playground area when he started to feel sick and went to the bathroom, knocking on the door, according to police.
He said when he opened the door, a female was sitting on the toilet. He says he then threw up in the sink, washed his hands and left the bathroom.
After speaking with the 4-year-old, police arrested Kabatra on two complaints of Rape 1 and one complaint of lewd acts with a child in connection to the incident.