EL PASO, Texas - The former Irvin High School teacher accused of having an improper relationship with a student allegedly had sex with the girl in his home while his wife and children were away, then allegedly asked the girl to lie to investigators, a complaint affidavit obtained by ABC-7 states.
Brian Evertt Stewart, 34, is facing two counts of Improper Relationship Between Educator and Student. Stewart was arrested near Independence, Kansas on August 9, 2018 with the help of the U.S. Marshals-led Lone Star Fugitive Task Force, just days after he was featured in Crime Stoppers of El Paso's Most Wanted List.
Stewart was extradited to El Paso County and booked into the county jail on bonds totaling $20,000 on August 29, 2018. He posted bond and was released from jail two days later.
The alleged improper relationship between Stewart and a 16-year-old student at Irvin High School occurred during the 2017-18 school year, a complaint affidavit states. Stewart was a teacher and track coach at the school.
After EPISD Police learned about the alleged relationship, a forensic interviewer interviewed the 16-year-old girl at the Child Advocacy Center. The teenager allegedly said that in August 2017, she was at the book room when Stewart approached her and complimented her on how nice she looked.
"The two of them flirted with each other during the school year and Stewart convinced the victim to join track as Stewart was the girls track coach," the complaint affidavit states, "The victim stated that they became Facebook friends, exchanged phone numbers and would text each other."
According to the court document, Stewart asked the girl to download an app called "Line" so that they could communicate. "They both communicated using this app, flirting and sending pictures to each other," the complaint affidavit states, "The victim stated Stewart sent her shirtless pictures of himself and she, in turn, sent Stewart photos of her only wearing a bra."
The girl told investigators photos depicting genitalia were never exchanged, the document states. The girl further stated, that in February 2018, she and Stewart first kissed "like a boyfriend and girlfriend" underneath the Irvin High School stadium after track practice, the court document states.
In March 2018, Stewart allegedly told the girl his wife and children were away and they could meet. The complaint affidavit states Stewart picked up the girl in his truck after a 7-on-7 football game at Parkland High School. The girl said Stewart then took her to his home, where "things happened." When the girl was asked to clarify what she meant, she allegedly said she and Stewart had sex at his home, the document states. "It is believed this incident occurred on or about April 7, 2018," the court document states.
The girl allegedly told police she and Stewart had sex a second time in his truck, at Tobins Park, after a track meet. Stewart was giving the girl a ride home when they decided to stop at the park to have sex, the document states.
At this point in the interview, "the victim started to cry and said she did not want Stewart to go to jail," investigators wrote in the complaint affidavit.
Stewart resigned his position at El Paso ISD after he was asked about the relationship. The court document states he admitted to having a relationship with the girl, but that it was not sexual in nature. Stewart allegedly said he took the girl to his home on the 5000 block of Silver Cholla, but only to "hang out." When asked about Tobins Park, Stewart allegedly said he and the girl were there, but only to "hang out."
After the girl transferred to Bowie High School, Stewart allegedly called her from an unknown number and asked her to lie to police, the complaint affidavit states. "Stewart advised the victim she would only get in trouble for lying, but he would go to jail," the document states.