Updated: Thursday, 06 Oct 2011, 11:51 AM MDT
Published : Wednesday, 26 Jan 2011, 11:13 AM MST
ALBUQUERQUE (KRQE) - A woman claims that when she tasted a yogurt sample from Sunflower Market in northwest Albuquerque and immediately spit it out. According to the woman, the yogurt had "bodily fluid" in it.
The Albuquerque Police Department is investigating whether the woman's claims can be substantiated.
Tuesday night detectives said a woman who was shopping at Sunflower Market on Corrales Road and Alameda tried a free yogurt sample. She told police she spit it out because it tasted like sperm.
The woman told management and called police around 9 p.m. Investigators questioned the male employee who was handing out the free samples but said they could not charge him until after tests prove it was semen.
“We found where she basically spit out the possible evidence,” Sgt. Trish Hoffman said. “As far back as I can remember this is the first time that we've ever dealt with this.”
Hoffman said police scooped up the possible evidence and sent to the crime lab.
While the employee was not charged on the yogurt case he was arrested because he was a wanted man.
Police arrested Anthony Garcia, 31, because he had two outstanding bench warrants. One of the warrants was filed in December for failure to appear for an arraignment. The charges on the case included two counts of criminal sexual contact of a minor.
Police confirmed Garcia is the employee in question.
“Of course we did talk to the employee who claims that it's not the case and that it was the yogurt inside the store,” Hoffman said.
Police said charges all depend on what investigators find in that yogurt sample.
“It is a touchy situation,” Hoffman said. “We don't want to accuse someone if they didn't do that, but when you're looking at criminal nature people deny things that they've done. So it's up to us to get to the bottom of the story and find out what actually took place.”
Detectives said if testing proves there was semen in the yogurt the worker could be charged with battery. Police said that is the same charge someone gets when they spit in food.
A spokesperson with the Sunflower Market's Corporate Office in Phoenix said they would not comment because they’re waiting for more information.
Police will not say how long it will be before test results come back.