An Escalante Middle School music teacher was formally charged on four counts of sexual exploitation of a child and one count of attempting to commit sexual assault on a minor Thursday in 6th Judicial District Court.
Benjamin Smith, 28, was arrested on July 25 for allegedly approaching a 16-year-old child online and offering to engage in sexual acts. He has since been placed on administrative leave by Durango School District 9-R. He did not enter a plea during Thursday’s hearing.
Smith appeared via Webex. He’s been staying with his family on the Front Range after being arrested and released on $5,000 bail.
Under terms of his release, he cannot have contact with the alleged victims, cannot have contact with any minors, cannot go anywhere minors are likely to congregate, and cannot possess alcohol or any substances during the pretrial period.
According to the charges filed by the District Attorney’s Office, between July 10 and 24, Smith allegedly attempted to engage in sexual conduct with two minors.
Prosecutors also pursued one charge of attempt to commit sexual assault on a minor.
The formal charges alleged that on July 23 or 24, Smith allegedly attempted to inflict sexual intrusion or penetration on a minor, warranting the charge for attempt to commit sexual assault.
According to the arrest 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.
The affidavit said the 16-year-old minor went to the Chapman Hill parking lot at 500 Florida Road and said she 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.
Police obtained a search warrant for Smith’s home, which was executed on July 25. Police confiscated electronic devices, including any technology capable of communicating via 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 asked if he knew why his electronic devices were being confiscated and searched, Smith responded, “Probably,” according to the arrest affidavit. When police asked Smith to explain what happened the evening of July 23, Smith responded, “Do I have to?”
Smith is scheduled to appear in court again Oct. 3.
tbrown@durangoherald.com
