GREENWOOD VILLAGE | A former Cherry Creek School District bus assistant was arrested after being accused of inappropriately touching at least one student and putting tape over a bus surveillance camera.
Wayne Lee Smith, 77, is facing charges of sexual assault on a child in a position of trust, a class 3 felony and first-degree criminal tampering, a class 2 misdemeanor.
According to an arrest affidavit, the district launched an investigation after a mechanic noticed that black tape had been placed over the camera on one of the buses. After examining videos from the bus, the district found that “concerning incidents” had been recorded on the bus on the morning and afternoon of Jan. 12.
After the recordings were discovered, Smith was immediately fired by the district and escorted from the building, the affidavit said.
The video from the morning appeared to show Smith sitting next to and groping a 12-year-old female student while she was using his cell phone. The video from the afternoon of the same day showed Smith approaching the camera while alone on the bus and placing a piece of tape over the lens, the affidavit said.
Smith was originally a bus driver but was taken off driving duty and allowed to continue as a bus assistant, a Cherry Creek administrator told police. The affidavit did not say why Smith was taken off driving duty.
He had been employed by the district since January 2019, according to a letter from Cherry Creek Schools.
Bus assistants are classified by Cherry Creek as paraprofessionals and work with bus drivers to maintain order on district school buses and provide support to students, particularly those who have disabilities or other special needs.
When asked by a district administrator why he had covered up the camera, Smith said he had heard rumors from bus drivers that they were being accused of mismanaging children.
“Smith said that he covered the camera to protect himself from being wrongfully accused,” the affidavit said.
The bus driver on Smith’s route told police that Smith had said he taped the camera because he was reaching for the gas card, and that “he had a feeling that Smith would not be honest.”
The driver said he never saw Smith touch anyone inappropriately, but that he was occupied by driving the bus at the time.
Another video uncovered by the district showed Smith rubbing the leg of a five-year-old student. It was not clear from the recording whether the student had been touched inappropriately, and the student’s parents declined to allow her to be interviewed by trained professionals.
A further set of videos from Jan. 25 also showed Smith covering up cameras on the bus.
Smith was arrested July 6 by Greenwood Village police officers. As required by law, the school district sent out a message to families that had students on Smith’s route notifying them of the arrest the following day.
“Wayne Smith was terminated from his employment with CCSD on February 2, 2023, immediately after allegations of his misconduct surfaced,” the message said. “The district notified the Greenwood Village Police Department (GVPD) of the allegations and has been working with them throughout their investigation. In accordance with mandatory parental notification laws, this communication is being shared with families of all students who rode the bus with Wayne Smith going back to his start date back in 2019.”
“As you know, the safety and security of our students and staff is our highest priority,” the message said.
Smith is scheduled to appear in Arapahoe County District Court for a hearing on August 2.