A San Diego man accused of attacking a woman in the bathroom of a Big Lots store while wearing a pink Barbie tutu costume was sentenced for the crime Friday.
Gregory Phillip Schwartz, 41, was found guilty in January of felony false imprisonment, misdemeanor assault and shoplifting in connection with the February 2014 assault in the women’s restroom of a Big Lots at Clairemont Town Square.
He was sentenced to two years behind bars, plus one year of post-release supervision.
The victim said Schwartz peeped over the stall divider in the bathroom before climbing underneath, grabbing her and attempting to sexually assault her. He was wearing the pink Barbie dress during the attack, which police said he had shoplifted.
The victim fought back and escaped from the bathroom. Schwartz ran out of the store but surveillance footage helped police identify him as the suspect. He was arrested two days later near Clairemont Mesa Blvd. where he was living out of his car, investigators said.
Both investigators and Schwartz’s defense team said he was high on methamphetamine and drunk at the time of the bizarre assault. During his trial, Schwartz’s lawyers argued that he becomes more sexual and is aroused by cross-dressing while under the influence of drugs.
Schwartz has admitted to being high on meth and drunk during the bathroom incident, but claims he remembers very little from that day and he did not assault the victim.
A jury found him not guilty on rape and felony assault charges but guilty on the counts of false imprisonment, shoplifting and misdemeanor assault, for which he was sentenced Friday.
