Police: Man accused of fondling girl, blames sleep walking

A man was arrested after being accused of fondling a 12-year-old girl, according to police. Ciro Martinez-Montes is charged with sexual battery, but is giving police a strange excuse, sleep walking.

This allegedly occurred at the suspect's home in Fayetteville. 29-year-old Ciro Martinez-Montes is charged with two counts of sexual battery.  Fayetteville police say it happened back in May and was brought to light near the end of June.

Ciro Martinez-Montes apparently did not deny that it happened, according to police, but told investigators he was sleep walking at the time and thought he was with his wife.

SkyFox Drone flew over the Fayette County Court House where no one could remember a sleep walking defense here for any crime.

Across the country, it has been used both successfully and unsuccessfully in cases involving rape and homicide. Police say it doesn't matter his claim. They had probable cause to file charges.

Ciro Martinez-Montes is currently being held in the Fayette County Jail without bond.