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$100K Bond For Man Charged With Battery On 13-Year-Old Girl

MIAMI (CBSMiami) – A 40-year-old Miami man who's accused of grabbing a 13-year-old girl is being held on $100,000 bond. His mother says she is "in shock" because her son is "not violent."

"I tell you I am in shock," said Gisella Hernandez, whose son Luis Alberto Hernandez is charged with battery after an incident that happened just before midnight on the corner of Northwest 5th Avenue and 58th Street.

"He's not a violent person," she told CBS4's Peter D'Oench. "I am in shock. I don't think he would have done something like this."

"He never would have grabbed a 13 year old girl. That's not the type of thing he does," she said. "I am going to get to the bottom of this and find out what is going on."

"I am also trying to find out where my property is because it's in the car and I don't know where his car is," she said. D'Oench showed her the police report and Hernandez shook her head when she heard what the witnesses had told police.

Hernandez was outspoken too when he came before a Judge in bond court.

At one point, the audio from his microphone was turned down by court monitors because Hernandez was using profanity.

"I did not do this," said Hernandez. "They made up a story after they broke my window. I didn't do anything and here I am being held on $100,000
bond."

The Judge ordered him to stay away from the 13-year-old girl once he is able to post bond.

A police report says Hernandez asked the girl for directions to Northwest 2nd Avenue and continued speaking with her. The report says he told her she was "beautiful" and asked her if she had a boyfriend.

Hernandez reportedly got closer to the girl when he said he could not hear her. When she tried to walk away, the report says he grabbed her and
pulled her towards him.

That's when neighbors intervened. One witness reportedly shouted out "Hey man, that's a little girl." Another witness smashed Hernandez's car
window with a rock. That's when he let go of the girl.

The report says Hernandez then went in search of police to tell them about his shattered car window. He encountered officers from the Miami-Dade
Police Robbery Intervention Detail known as "R.I.D." and told them about the damage to his car.

That also called their attention to his encounter with the girl.

Hernandez was taken into custody and driven away in a Miami Police car.

While he denies grabbing the girl, the police report says there are at least two witnesses.

A check of records showed that Hernandez had been arrested before, for grand theft, robbery and another battery.

"I don't want to talk about those cases in his past," said his mother Gisella Hernandez.

Neighbors told D'Oench they are concerned about the incident.

"I have a 13-year-old granddaughter," said Rhonda Allen, who lives near the corner of Northwest 5th Avenue and 58th Street.

"And I always tell her to watch out who you talk to," she said. "Watch out who you give directions to and anyone you speak with. You have to be careful today."

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