An Escalante Middle School music teacher who was arrested last week on suspicion of sexual exploitation of a child appeared Tuesday in court to be advised of possible charges and to learn the conditions of his bail.
Benjamin Smith, 28, is suspected of approaching a 16-year-old child online, offering to engage in sexual acts and arranging to meet the minor in person. It was revealed Tuesday in court that Smith is also suspected of engaging in inappropriate communications with a 15-year-old minor prior to his arrest.
It remains unknown whether the minors were enrolled in Durango School District 9-R, though the 16-year-old was previously described by DPD as “of our community.”
Conditions of Smith’s release on $5,000 bail comes with certain stipulations, including no contact with the alleged victims, no contact with any minors, no going where minors are likely to congregate, and no possessing alcohol or any substances during the pretrial period.
Smith plans to travel to the Front Range to stay with family during the pretrial period, according to his criminal defense lawyer.
Durango Police Department Cmdr. Jacob Dunlop said Smith had been in contact with both minors at the same time and that the minors had been in contact with each other.
“It was all kind of one incident,” he said. “The night of the occurrence, there was communication between the two different juveniles.”
Details about the incident remain hazy based on information gleaned from a heavily redacted arrest affidavit.
Based on the affidavit, at least one of the minors went to a parking lot on July 23 expecting to meet someone they had first met on Snapchat using the screen name MTNCHICK69, who claimed to be 16 years old offering to perform sex acts.
According to the arrest affidavit, the 16-year-old minor went to the Chapman Hill parking lot at 500 Florida Road and said he saw a person covered in blankets inside a vehicle matching the description provided by MTNCHICK69. Although the person’s face was covered, the 16-year-old minor said the silhouette under the blanket appeared male.
The minor alerted police that they believed MTNCHICK69 was an adult pretending to be a minor. The Durango Police Department was able to use a partial license plate description to identify Smith’s vehicle, according to the affidavit.
Police obtained a search warrant for Smith’s home, which was executed on July 25. Police confiscated electronic devices, including anything capable of communicating on social media. Police then made contact with Smith, who was participating in a band camp event at The River Church, 860 Plymouth Drive in Durango, according to the affidavit.
When a Durango Police Department officer asked Smith if he might know why his electronic devices were being confiscated and searched, Smith responded, “Probably,” according to the arrest affidavit. Police asked Smith to explain what happened the evening of July 23, to which Smith responded, “Do I have to?”
Police advised Smith he did not have to speak with police if he did not wish to, according to the affidavit.
Upon searching Smith’s vehicle, police found two blankets as well as a fitted sheet.
Durango School District announced July 25 that Smith has been placed on leave from his position at Escalante Middle School.
nmetcalf@durangoherald.com
