EAST ELMHURST — A screener at LaGuardia Airport forced a female passenger into a bathroom and sexually assaulting her, saying it was for security purposes, according to the Queens District Attorney.
Maxie Oquendo, 40, approached a 21-year-old woman after she landed from Salt Lake City on Aug. 25 and ordered her into a nearby bathroom, according to prosecutors.
"Hey, ma'am, I need to scan your body and your luggage," Oquendo told the woman, even though she had just left a sterile checkpoint area and didn't need to be searched, the DA said.
He motioned for her to follow him to a bathroom where they waited 10 minutes before going inside, according to the charges.
The victim initially told Oquendo he couldn't search her, "but you can have a woman scan me because I am a girl," prosecutors said.
But Oquendo insisted, and once inside the bathroom, he told her to face the mirror and raise both arms up, according to the charges.
While in the bathroom he allegedly touched her breasts and other parts of her body over and under her clothing after telling her to lift up her shirt and unzip her pants, the complaint says.
After saying he didn't need to check her luggage, Oquendo allegedly spoke into his cellphone and said, "She's clear. She doesn't have any weapons or knives."
It's not known if he made an actual phone call or was pretending to do so, according to the DA.
TSA agents are not authorized to conduct secondary pat-downs outside of checkpoint areas, and a female passenger must be screened by a female agent, officials said.
If a female agent isn't present, a witness must be present during the search.
Oquendo, who lives in Manhattan, was arrested and charged with unlawful imprisonment, official misconduct, sex abuse and harassment. He was ordered held on $3,000 bond and was hit with a temporary order of protection, according to court documents. He is due back in court on Wednesday. He faces a year in jail if convicted, prosecutors said.
He was fired by the TSA, according to a spokesman, who said they hold its employees to the "highest standards."
"As such, we expect our employees to conduct themselves with integrity, professionalism, and with respect for the public we serve. When our employees fail to meet these fundamental ethical standards, we will hold our personnel appropriately accountable," said TSA spokesman Bruce Anderson.
