Durango band teacher indicted on charges of sexual predator acts

By Jen Schumann / November 1, 2024

from the Rocky Mountain Voice

On July 23, 2024, a Durango teenager told police that an adult male approached them online. He offered to engage in sexual acts with the 16-year-old. 

The Durango Police Department quickly identified the suspect as 28-year-old local Benjamin Smith using information from the minor. After a swift investigation, detectives obtained and executed a search warrant at Smith’s home this morning, resulting in his arrest and booking for Sexual Exploitation of a Child on July 25.

The Durango Police Department recently posted a press release on the indictment of Escalante Middle School band teacher Benjamin Smith. They also requested public assistance on the ongoing sexual predator investigation. Smith, once a teacher in a position of trust to Durango students, now faces federal charges.

Accused of exploiting his position to groom and abuse youth, Smith’s actions have sparked intense debate. This has reopened discussions about school safety and the duty of schools to protect children.

La Plata County Republicans posted on Facebook, “Our hearts ache for these kids and families that trusted their teacher. Ben Smith was everyone’s favorite teacher. He boasted his pride. That’s what made him so attractive to people. Ben made everyone feel comfortable and was a safe haven for kids, especially queer and transgender kids. Straight kids loved him, too. Yet, he turned out to be a monster. Who is going to speak up for these kids? There must be accountability. As we, the public, evaluate this teacher’s actions, we seek answers from the highest authority in schools, and that’s our Durango School Board. What’s your hiring process? How does your DEI policy play a role? When a child leaves their parents, they are handing over their most prized possession. The Durango 9R school district is not protecting our kids.”

On October 18, Smith was indicted on 48 counts. They included coercion and enticement of a minor and possession of child pornography. 

The indictment details interactions with 30 known victims, though officials fear more may be affected. This investigation involves the Department of Homeland Security and the FBI.

A federal judge’s ruling keeps the defendant behind bars. Bail denied, the accused awaits trial from an undisclosed location.

Parents, community leaders, and advocacy groups have spoken out. In a social media post, they echoed the anger and frustration felt by many:

Jerry Forture commented, “If you’re going to hire people with perversions, don’t be surprised when they influence your children.”

Cam Formby expressed outrage, saying, “This is [the] kind of person 9R hires. Your children are in danger if they go to public schools. This pedophile puke better go to prison .”

Smith’s indictment comes after the Durango School Board reversed its decision to allow Pride and Black Lives Matter flags in classrooms. Board members banned the flags after a parent complained. But at a crowded school board meeting, the board revisited the decision to ban the flags, which many saw as a progressive step toward inclusivity.

La Plata County Republicans argued the opposite, “The school board squashed the decision of the superintendent and legal counsel and decided to allow progressive pride and BLM flags back in schools. This is encouraging children to be sexual beings. They are not 18. No adult should be looking at them through that lens. If the kids need help, it is a private matter. Sexual pride flags in classrooms show they have no respect for children’s innocence. Encouraging sexual precociousness. This is an outrageous assault on our precious and innocent part of humanity.”

The GOP members say these symbols in classrooms confuse the line between K-12 education and adult topics. “Schools have normalized sexuality, and it blinds them. Teachers and staff take courses on identifying sexual abuse, but now those lines have been blended,” La Plata Republicans remarked.

In response to the Smith’s indictment, Durango 9R School District has committed to supporting students and their families. The district is collaborating with law enforcement and offering advocacy resources. It is providing mental health support through a partnership with the Cook Center. They will host monthly webinars on mental health and wellness.

The Durango Police Department urges you to contact Detective Josh Newman at josh.newman@durangoco.gov or 970-375-4733 with any info on this case.