DUNCAN--The attorney for a 15-year-old girl who claims she was sexually assaulted by a substitute teacher said the Duncan Public School District should have conducted a better criminal background check on the teacher. ¡§They opted for the cheaper statewide check instead of a nationwide one,¡¨ Gary Higginbotham said. ¡§And for that they let a predator around one of our most vulnerable members of society--teenagers.¡¨
Erwin Eugene Johnson, 24, was charged Dec. 3 in Stephens County District Court with two felony counts of lewd proposals to a child.
Prosecutors said more charges could be filed. Bail was set at $25,000.
Mr. Johnson was a substitute teacher at Edge Academy, which offers an alternative education program for teenagers.
Mr. Higginbotham said Mr. Johnson never should have been hired because in April 2008 he was convicted of felony theft in Washington state.
District Attorney Bret Burns said Mr. Johnson solicited several girls who were older than the age of 16.
According to court records:
„P While working as a substitute teacher Nov. 17, Mr. Johnson sent the teen a text message propositioning her to meet him in a school rest room for sex.
„P The victim told authorities she texted him back saying ¡§no¡¨ to the proposition.
„P Later, Mr. Johnson approached the teen in the school hallway and repeated his proposition saying, ¡§Let¡¦s go upstairs. We are already in the hallway and no one will know.¡¨
„P He later grabbed her arm and repeated the proposition.
A 16-year-old female student also told police she witnessed Mr. Johnson¡¦s propositions.
Mr. Higginbotham said he has gathered evidence showing his client was sexually assaulted by Mr. Johnson and another man he allowed in the school.
Earlier this month, Westmoore High School substitute teacher Sangbum Oh, 46, was jailed on complaints he was trying to lure a 14-year-old girl to a park for sex.
Mr. Oh passed the Oklahoma State Bureau of Investigation¡¦s extensive nationwide background check before he was hired, said Asst. Supt. Susie Pierce.
¡§We pay for the more expensive check because it¡¦s more prudent, and we want all the information,¡¨ Asst. Supt. Pierce said. ¡§Unfortunately, it gives you only one specific set of information, and there could be things that aren¡¦t reflected in them.¡¨
OSBI spokesman Jessica Brown said the agency can do nationwide federal searches of a person¡¦s criminal history and Oklahoma-based criminal records queries.
Mrs. Brown said the most extensive searches require the individual¡¦s fingerprints, name and other identifying information that is checked against a federal database.
The cost of that search is $41. It will yield information about arrests, convictions, charges and the final disposition of court cases in all states.
A basic OSBI background check starts at $15 and only reveals criminal activity in the Oklahoma.
