TYLER, Texas (KETK) – A 22-year-old Tyler man has been indicted for aggravated sexual assault of a child, and is accused of assaulting a 5-year-old girl.

Jovany Gaspar, who has remained in custody since his May 8 arrest, is accused of assaulting the girl after she and her 4-year-old sister were dropped off at her grandmother’s apartment to be babysat. Gasper, the grandmother and her fiancé all lived at the apartment, according to an affidavit.

The grandmother had planned to take the girls to the pool after taking a nap, according to the affidavit, and after several minutes of lying down, the grandmother’s fiancé went to look for the 5-year-old girl.

After looking through the apartment, the affidavit said Gaspar was found in his room “pinning her face down against a mattress lying on the floor.”

The fiancé then attacked Gaspar, whose pants were down, knocking him off of her and onto the floor the two began to fight, and according to an affidavit, Gaspar began yelling “we were just playing.”

Police were soon after called to the apartment, and Gaspar was later transported to the hospital for injuries sustained during the fight. While waiting for police, the 5-year-old’s mother arrived to the scene, and transported her to the hospital for an examination.

According to an affidavit, on the way to the hospital the girl told her mother Gaspar had pinned her face down to keep her for yelling for help, “and that she tried to hit him during the offense. [She] further related this wasn’t this first time Jovany had done this to her.”

Gaspar’s bond has been set at $500,000, and his arraignment hearing is set for Oct. 10.

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