Robert Smith
Robert Smith, a former Eureka High School custodian, has been sentenced to three years in prison for molesting a student with special needs in a classroom at Eureka High School, the St. Louis County Prosecuting Attorney’s Office reported.
Smith, 52, of Villa Ridge admitted to inappropriately touching a student, and on April 9, he pleaded guilty to fourth-degree child molestation. On April 25, St. Louis County Div. 1 Circuit Judge Brian May handed down the three-year sentence, court records show.
“I commend this resilient young individual and his incredibly strong family for seeking justice,” St. Louis County Prosecuting Attorney Wesley Bell said in a written statement. “Thanks to them, the court, our veteran trial team and Eureka Police, this predator will be held accountable for his actions.”
Eureka Police began investigating the case after the school resource officer was notified of the assault in February 2022. The victim, who was younger than 17 at the time of the abuse, has Down syndrome and is non-verbal and is incapable of consent, according to the St. Louis County Prosecuting Attorney’s Office.
“Upon learning of the allegations against this individual, we took immediate action to cooperate fully with law enforcement authorities and to ensure the safety of our students,” said Mary LaPak, Rockwood’s chief communications officer. “This individual was swiftly suspended and then terminated from their position.
“We understand that anything related to the safety of our students can have a profound impact on our entire school community, and we want to reassure parents, students and staff that the safety and well-being of our students will always be our top priority. We remain dedicated to maintaining a safe environment for all members of our school community and we will continue to work diligently to ensure that our policies and procedures are designed to create that safe environment.”
At the sentencing hearing, the mother of the victim claimed that Smith tried to harass and intimidate her family into silence.
She also said Smith pleaded guilty not out of remorse but “because all these cruel tactics and tricks did not work as he had hoped – and they did not silence or intimidate us,” according to the St. Louis County Prosecuting Attorney’s Office.
Grant Boyd, an attorney the victim’s family retained to respond to Smith’s harassment, also provided a statement to the court.
“The victim's family is incredibly grateful to the tireless efforts of assistant prosecuting attorney Teresa Bomkamp and victim advocate Lisa Jones, the families, members and agencies of the disabled community. Their work, support and perseverance ensured that justice was done and that a child molester preying on our most vulnerable children was finally brought to justice,” Boyd said.
A lawsuit filed this year against the Rockwood School District and Special School District of St. County alleges the districts turned a “blind eye” to an employee’s sexual abuse of a student with Down syndrome and autism. The lawsuit was filed Feb. 9 in St. Louis County Circuit Court.
In February, spokeswomen for Rockwood and the Special School District said the districts could not comment on pending litigation.
The lawsuit does not name the student but said he has Down Syndrome and autism, which “substantially limits his ability to perform day-to-day activities” and impairs his ability to “communicate, self-advocate and defend himself against abuse, harassment, discrimination and violations of his person.”
The suit claims the former employee was motivated to abuse the student because of the student’s sex and disability.
Rockwood and the Special School District, which provides special education services in Rockwood, were “deliberately indifferent to the rights of the student” and allowed the abuse to continue during the 2021-2022 school year, the lawsuit said.
The suit does not specify how long the abuse occurred, but it says the abuse ended when the employee’s actions were reported to law enforcement and the Department of Social Services on Feb. 11, 2022.
The abuser was arrested and charged with sex crimes, including sexual abuse and child molestation, and the abuse occurred on at least two specific dates – Jan. 28, 2022, and. Feb. 11, 2022, according to the lawsuit.
On Feb. 11, 2022, the employee allegedly molested the student for 30 to 60 seconds in a classroom in front of teachers and staff members. An employee reported the abuse on that day, the lawsuit said.
Smith was charged Feb. 17, 2022, with first-degree sexual abuse, a class C felony punishable by three to 10 years in prison, according to court records.
The lawsuit said the district retaliated against the student and his family after the abuse was reported. It says representatives from the districts refused to meet with the family, intentionally did not tell the family the student had the right to transfer to another school and treated the family with “hostility and flippancy.”
Rockwood and the Special School District deprived the student of his right to a public education and violated his civil rights levied by Title IX of the Education Amendments of 1972, which prohibits sex discrimination in school, according to the lawsuit.
The lawsuit lists numerous alleged Title IX violations, which include ignoring evidence and complaints, failing to conduct internal investigations, creating a climate that tolerated sexual harassment and other sexual misconduct, and failing to develop policies regarding prompt and equitable grievance procedures.
The family filed claims of discrimination on the student’s behalf with the Missouri Commission on Human Rights, which issued a right-to-sue letter.
The lawsuit seeks compensatory damages, a jury trial and coverage of attorneys’ fees for the student and his family.