MIDWEST CITY, Okla. - Just weeks after a 4-year-old was allegedly raped in a Midwest City McDonald’s bathroom, the child’s family is now taking a metro Christian school to court.
The new lawsuit blames the caretakers watching over the toddler while they were all on a field trip.
It’s a major movement in the case detailing a horrific summer day at a Midwest City McDonald’s.
Police say 37-year-old Joshua Kabatra raped a 4-year-old girl after she went to the bathroom unattended.
The toddler was there with her daycare from Destiny Christian School.
A newly filed lawsuit claims the daycare “recklessly and negligently allowed the victim to be injured.”
Her parents’ legal team says there was little supervision in the first place.
Police say it started on July 16th when the 4-year-old went to the family restroom in the McDonald’s Playplace alone.
But moments later, Kabatra allegedly goes in after her and locks the door.
Five minutes pass and two daycare workers notice the child “had been gone for a while” and knocked on the door.
Kabatra eventually opened it and walked out with his hands up saying “I was just washing my hands.”
Police tell News 4 he later admitted to molesting the toddler.
News 4 also spoke to Midwest City Police Chief Brandon Clabes days after the stunning arrest.
“There is no fault on the daycare workers,” Chief Clabes said. “They were doing their job. They just realized the child had been missing longer than a child should be at that age.”
But the lawsuit disagrees, asking for money to cover a long list of damages including medical bills, pain and suffering, and emotional distress.
“The only person that did anything wrong is our suspect who committed the crime on an innocent 4-year-old victim,” Chief Clabes said.
Destiny Christian’s attorney does not want to comment on the ongoing litigation at this time.
The Oklahoma Department of Human Services tells News 4 Destiny Christian School was not licensed by DHS Child Care Licensing. According to state law, summer programs that operate less than ten weeks a year, like Destiny Christian, are not required to be licensed.