CHANDLER, AZ — An East Valley dental office is facing a second civil lawsuit after a dental assistant is accused of sex crimes with three young patients.
In the lawsuit, the parents allege their child went to Kidiatric Dental in Chandler in May 2024.
Police allege in court records the 6-year-old was in a room alone with dental assistant Deion Garcia for X-rays on her teeth when Garcia allegedly “pulled her shorts and underwear halfway down,” touched her inappropriately, and took photos of her with his phone.
“The best way I can describe it is they felt horror,” said Phoenix attorney Tommy Richardson. He is representing the family along with attorney Dan Marco.
The parents called the police the same day.
“Thankfully, they blew the lid off of it immediately,” Richardson said.
Their complaint to police led to an investigation and criminal indictment of 27-year-old Garcia.
Garcia has pleaded not guilty to 12 felony counts, including molestation, sexual conduct, and sexual exploitation. His criminal trial is scheduled for later this year.
The lawsuit against Garcia and his former employer alleges negligent training, hiring and supervision. The lawsuit claims Chandler Police investigated Garcia once before, in 2022, for a similar alleged incident with a child.
“Why wasn’t this stopped earlier?” Richardson said.
Court records say Chandler police investigated the 2022 complaint but closed the case because there wasn’t enough evidence. The family of the alleged victim in the 2022 complaint is also suing, filing a lawsuit last year that is ongoing in Maricopa County Superior Court.
The newest lawsuit alleges Kidiatric Chandler and the owner of the dental office, Dr. Walter Villanueva, failed to properly train and supervise Garcia. The lawsuit alleges they “knew or should have known” that Garcia’s conduct in 2022 was “criminal.”
In a statement to ABC15, Kidiatric Dental and Dr. Villanueva said:
“Chandler Kidiatric received information from a parent in September 2022 about a concern about the dental assistant’s actions when the assistant took x-rays of a child after the mother left the x-ray area.
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But the statement says the parent and child, “did not report that the dental assistant had engaged in any sexual activity with the child during the dental visit.”
Chandler Police investigated and interviewed employees, but according to the statement, “did not disclose the mother or child’s allegations to Chandler Kidiatric.”
The statement goes on to say Garcia remained employed until May 2024, when his employment was terminated.
As for the families, they gave statements to police but are not ready to talk publicly about what they allege happened.
Their attorneys say the families hopes the lawsuits will lead to better supervision of employees who deal with children, particularly those employees who work in medical offices.
The Arizona Dental Board conducted its own investigation of the allegations. Kidiatric Dental continues to operate. But the board temporarily restricted the business owner, Dr. Villanueva, from personally treating patients under an agreement he signed with the board. He also agreed to have chaperones in his dental offices for patients who are minors.
Email ABC15 Investigator Anne Ryman at anne.ryman@abc15.com, call her at 602-685-6345, or connect on X, formerly known as Twitter, and Facebook.
