STATEN ISLAND, N.Y. — A 23‑year‑old New York City Department of Education employee was arrested last week after he allegedly made sexual remarks and gestures toward a child outside a Stapleton elementary school, according to court records.
Xavier Smith was taken into custody Friday in connection with an incident that allegedly occurred around 2 p.m. on Jan. 6 near 91 Henderson Ave. as a child was boarding a school bus outside PS 373, authorities said.
According to the criminal complaint, Smith allegedly asked the child, “Why don’t you lift your skirt up?” When the child refused, Smith is accused of saying, “Not even if anyone wanted to lick you?”
The complaint further alleges that Smith placed his fingers near his face, spread them apart and put his tongue between them while looking at the child.
Police said the victim was younger than 17.
Smith, identified by sources familiar with the investigation as a paraprofessional, was charged with acting in a manner injurious to a child less than 17-years-old. The charge is not bail‑eligible, and Smith was released on his own recognizance, according to court records.
Smith’s charges upon arrest also included a count of endangering the welfare of a child. It has since been dropped.
According to sources, Smith is believed to be employed at PS 373, though that could not be definitively confirmed by authorities.
He is due back in Richmond County Criminal Court on Feb. 26.
The Department of Education and Smith’s attorney, Andrew Brian Stoll, had not returned requests for comment by the time of publication.