Surveillance video shows store bathroom attack - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Surveillance video shows store bathroom attack

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SAN DIEGO (CBS 8) - A man accused of attacking a woman in the restroom of a Clairemont Big Lots store while wearing a pink Barbie costume appears in court once again.

A judge ordered 41-year-old Gregory Phillip Schwartz to stand trial on several charges, including assault and false imprisonment.

The judge said Monday there was enough evidence to hold the 41-year-old suspect over for a trial. Afterward, he cried in the courtroom and said he wanted to kill himself.

Meanwhile, surveillance video is giving more insight into this incident and while the defense isn't refuting it's him in that video, they do question his intent.

In the surveillance video, the suspect, Gregory Phillip Schwartz, is seen wearing a Barbie costume. He walks into the women's restroom, followed by the victim several minutes later. What happens next, she describes as terrifying.

"Just told myself I'd rather die than be raped by this man, so the worst that could happen was I can fight...I guess my best option is to fight.”

The victim, identified in court as Susan, had to relive the frightening incident while taking the stand Monday.

It happened February 28 at the Big Lots store in Clairemont. After entering the bathroom, Susan says she didn't notice anyone else inside. But, while in the stall, she saw a pair of men's feet next to hers. That's when she noticed Schwartz peering over the partition.

"Before I knew it, he was trying to come underneath my stall,” she said.

Schwartz allegedly made it through, forcing Susan to take a step back.

“And then he came in and he got right in and he put his hand on my neck and pushed me against the wall,” explained Susan.

Susan claims he put his other hand over her mouth and told her to be quiet. She also testified he tried taking off his belt - though the defense referred back to the video, which shows he was not wearing pants.

Susan screamed and fought back. She was able to get away, as seen on the footage. You can also see Schwartz run the opposite way. The entire ordeal lasted just over a minute.

But, additional surveillance shows that after entering Big Lots and before the assault, Schwartz picked up the Barbie costume and went into the men's room, where he stayed for an hour and 40 minutes.

Besides changing into that costume and ripping the tags off, there is no word on what else he was doing in the restroom during that time.

Schwartz will stand trial on four felony charges, including assault with intent to commit rape and false imprisonment by violence.

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