A Ouray School custodian was fired after administrators and police discovered photos of second-grade girls on his personal cellphone, some of which focused on their underwear.

No arrests have been made in the case, in which police interviewed former custodian Tyler Smith and he cooperated with the investigation. The case is still open, according to Ouray Police Chief Jeff Wood.

According to police reports, Ouray Superintendent Tod Lokey reported an issue with Smith taking photos of the girls on Sept. 15. Lokey told police he asked Smith to show him the photos on his phone and Smith was reluctant to do so.

“When opening the phone Lokey noted that Tyler started pushing buttons on the screen in what looked like an attempt to delete photos,” according to the report. Lokey swiped through the phone and saw photos of students, and then confiscated the phone and called the police. He put Smith on administrative leave.

When an officer interviewed Smith and asked him if he could see the photos, Smith initially asked if they needed a warrant, but then consented to let him look through the phone, according to the police report.

Smith, who is 23, brought his grandfather with him to the police interview and asked to have him leave the room before allowing the officer to look through his photos. He also asked what kind of trouble he could get in for the photos.

“Tyler then opened his cell phone and showed me photos of various female students bent over with their underwear showing in what was a deleted file,” the officer wrote in the report.

The officer asked him if he had other photos elsewhere, and Smith said his computer at home is broken. Smith provided copies of the photos to the police.

During the interview, Smith told police “he knew he was in trouble, knew that he most likely lost his job at the school, and thought that he might have to register as a sex offender,” according to the report.

Police told him to delete the photos on his phone and gave it back.

Wood said the case remains open and he couldn’t comment on more details, other than to say that the photos didn’t meet the criteria the law requires for child pornography.

“The information that we have at hand right now doesn’t support criminal charges,” he said.

Meanwhile, school administrators met with police and were able to identify the children who had been photographed and contacted their parents. They met with those parents and police on Sept. 27 and 28 to explain what happened and answer questions. They also explained that, though the evidence was not enough to warrant an arrest, they could seek civil protection orders through the court if they wanted to do so.

Court records show two families have asked the court to grant protection orders against Smith, ordering him to keep away from their children as well as the school and Fellin Park.

Lokey said he was thankful the school staff reported the suspicious behavior and that the district conducts annual training on sexual misconduct.

“Staff training matters,” he said, adding that most of the photos were taken the day it was reported. He said he appreciated the response from the Ouray Police Department in both the investigation and in communicating with parents.

Smith had worked at the school since July 2019 and was terminated by the school board on Sept. 21.