A former Escalante Middle School music teacher is facing federal charges and new allegations he possessed “numerous” sexually explicit photographs of over two dozen school-age minors living in the Durango area.
The U.S. Attorney’s Office for the District of Colorado filed two federal charges against Benjamin Smith alleging one count of attempted coercion and enticement of a minor and one count of possession of child pornography, according to a news release Friday.
The U.S. Attorney’s Office is encouraging anyone with information related to its investigation and anyone, including additional potential victims, who had any contact with a Snapchat account named “MTNCHCK69” to contact the Homeland Security Investigation tip line at 1-877-4-HSI-TIP.
Durango School District 9-R spokeswoman Karla Sluis said in an email to The Durango Herald the new federal charges are “deeply disturbing news,” and the school district’s first priority is to offer support to affected students and families.
“If needs and questions arise after students are back in school on Tuesday, we will offer additional messaging and support via district channels,” she said, adding fall break began Friday and lasts through Monday.
She said school leadership and staff members are available to support students who have information for law enforcement and have been instructed to alert Durango Police Department Detective Josh Newman should any students come forward.
Students who want to remain anonymous can use Safe2Tell by calling 1-877-542-SAFE (7233), downloading the Safe2Tell mobile app or texting “S2TCO” to 738477.
Sluis said the school district completes thorough background checks for all staff members and volunteers.
“The district is fortunate to have trained, licensed school counselors and social workers in all of our schools,” she said. “These individuals will provide support for students as needs emerge and can help direct families to additional resources.”
She said the school district will continue to share internet safety and digital privacy educational guidelines for parents and staff members.
A free, live webinar called “Social Media: Protecting Your Child” is scheduled for Oct. 15, she added.
Durango Police Chief Brice Current said in an email to the Herald on Friday that the DPD is aiding the federal government in its investigation into Smith’s alleged activities.
“Our department works closely with federal agencies to protect the most vulnerable members of our community – our children,” he said. “If you are in a position of authority and choose to prey on children, we will use every available resource to ensure you are brought to justice. Our commitment, alongside our federal partners, is unwavering.”
Current said he urges any parent or guardian who believes his or her child may have been a victim to come forward.
“Your information could be critical in protecting other children and ensuring justice. If your child has experienced any inappropriate behavior or contact, please contact our department immediately,” he said. “Our team is here to provide support and ensure the safety and well-being of every child in our community. No detail is too small – your courage in coming forward can make a difference.”
Homeland Security Investigations is overseeing the investigation with assistance from the FBI and DPD, the release said.
Smith was already charged in September in 6th Judicial District Court with four counts of sexual exploitation of a child and one count of attempting to commit sexual assault on a minor. He was arrested July 30 on suspicion of soliciting a 16-year-old child online to engage in sexual acts and arranging to meet the minor in person.
He was released on $5,000 bail, has made court appearances over Webex and has been staying with family on the Front Range.
The terms of his release restrict him from having any contact with alleged victims and any minors, and he is prohibited from going anywhere minors are likely to gather. He is also restricted from possessing any alcohol or other substances for the duration of the pretrial period.
After Smith’s arrest, Durango School District 9-R placed him on leave from his position at Escalante Middle School. Sluis confirmed on Friday that Smith is no longer employed by the district.
On Sept. 13, U.S. District Court Magistrate Judge James Candelaria approved a federal search warrant requiring Snapchat to produce information associated with the Snapchat account MTNCHCK69, according to a criminal complaint filed with the U.S. District Court for the District of Colorado.
A Snapchat response received by the federal government Oct. 1 revealed the account for MTNCHCK69 includes about 45,000 messages, only “a small portion” of which had been received by the federal government as of Wednesday.
The records show portions of conversations containing sexually explicit language and suggestions between MTNCHCK69 and two Snapchat users, allegedly both minors, and over 200 messages using a specific sexually explicit term, the criminal complaint said.
Smith was scheduled to appear in district court again on Thursday. The federal investigation and charges could take precedence over charges filed in 6th Judicial District Court.
“The federal government and the state may hold on to charges until each entity decides jurisdiction over them,” Current said. “Generally, if the federal government charges a specific criminal act, the state may dismiss that charge later.”
cburney@durangoherald.com
