A 42-year-old Texas man wanted for violating his probation in an educator-student relationship case was taken into custody at a Walmart in Las Cruces, ending an El Paso County Sheriff's Office search that stretched across the state line. Bryan Stewart was apprehended in southern New Mexico on August 13 after an off-duty supervisor recognized him shopping in the store and alerted authorities.
According to KOAT, the El Paso County Sheriff's Office had been searching for Stewart after officers received a tip about his probation violation and travel in New Mexico. New Mexico State Police apprehended Stewart at the Walmart, and he was subsequently booked into the Doña Ana County Detention Center. The station's report identifies Stewart as a Texas absconder who was traveling through the state when he was spotted.
Stewart faces charges of an improper relationship between an educator and a student, according to the same account. He previously worked as a health teacher and girls' track coach at Irvin High School in El Paso, and is the son of former longtime Irvin football coach Leon Stewart, according to a Facebook post from El Paso Times.
A History of Fleeing Texas Authorities
This is not the first time Stewart has run from Texas law enforcement. In August 2018, he was placed on the El Paso County Sheriff's Office Most Wanted list before being arrested in Kansas on charges alleging he had an improper sexual relationship with a student at his home and at a local park, per the same Facebook post. He was later extradited to El Paso County to face those charges.
Stewart eventually received probation on the underlying felony, but his most recent absconding into New Mexico violated the terms of that supervision, per the tip that led to his arrest. He was booked into the Doña Ana County Detention Center, an 846-bed facility at 1850 Copper Loop that serves as the primary regional lockup for pre-trial detainees and out-of-state fugitives, according to Penmate.
What Texas Law Says About the Underlying Charge
Under Section 21.12 of the Texas Penal Code, an improper relationship between an educator and a student is classified as a second-degree felony punishable by 2 to 20 years in state prison and a fine of up to $10,000, according to the L&L Law Group. The statute applies to any primary or secondary school employee who engages in sexual contact with an enrolled student, and student consent or a student's age over 17 does not constitute a legal defense, per the Dunham & Jones law firm.
Beyond criminal penalties, Texas educators convicted or placed on probation under Section 21.12 face administrative action by the State Board for Educator Certification, resulting in permanent certificate revocation and placement on the state's Do Not Hire Registry, the L&L Law Group notes. That means Stewart would be barred from regaining a Texas teaching credential regardless of the outcome of his probation violation case.
Why Fugitives Keep Surfacing Along the Border
Las Cruces sits along the Interstate 10 corridor roughly 45 miles northwest of El Paso, making the Doña Ana County border region a frequent zone for cross-border fugitive enforcement operations between Texas and New Mexico authorities, according to the U.S. Marshals Service. Cross-border fugitive apprehension cases in Doña Ana County typically involve coordination between local police, state troopers, and out-of-state Sheriff's offices, followed by formal extradition hearings in Las Cruces district courts, per U.S. ICE.
Under New Mexico's Uniform Criminal Extradition Act, out-of-state fugitives apprehended in the state can be held in local custody pending extradition proceedings or the issuance of a Governor's Warrant, according to Justia Law. It remains unclear whether Stewart will waive a formal extradition hearing to expedite his return to El Paso County, and what specific probation terms he is accused of violating has not been detailed. Whether El Paso prosecutors will seek revocation of his probation and prison time once he is back in Texas custody is also an open question.
