Teacher Brett Smith, aka Brett Zagorac: A History of Child Abuse

Public records show that Brett Zagorac, now Brett Smith, has faced multiple arrests and convictions involving children since 2002, raising serious questions about how he continued to teach and tutor children until January 2026.

A Pattern Spanning More Than 20 Years

This is not a story about one missed red flag, but a documented pattern spanning more than two decades, marked by repeated arrests, convictions, jail sentences, licensure denial, and media reporting, none of which ultimately stopped Brett (Zagorac) Smith from accessing children. Records from Indiana, Illinois, and Arizona show that his conduct was flagged early and often by parents, school administrators, law enforcement, and state oversight bodies.

Early Warnings and First Arrest (2002)

According to a complaint filed in the Superior Court of Arizona Maricopa County, Zagorac, aka “Smith” “began working as a substitute teacher while still completing his undergraduate education.”

In early 2002, St. Thomas More School in Munster, Indiana, where Zagorac was employed as a substitute teacher, “received a parent complaint about Smith’s conduct, including that Smith had inappropriately touched a student.” The school’s principal, Dr. Kevin T. Zajde formally warned Zagorac that physical contact with students was prohibited and documented the warning in both a letter and his personnel file. Zajde told him, according to the complaint, that “touching students was risky and ‘the best way to have a long career is not to touch students.’”

After another parent came forward, the principal revoked his ability to work as a substitute teacher and banned him from campus. 

“One of the students who had reported Smith’s conduct to Dr. Zajdel stated that Smith patted him on the back several times, asked him to come back to class after school for candy, and asked him to go on a picnic in the summer.” 

Shortly thereafter, Zagorac was arrested in Lake County, Indiana, on two counts of misdemeanor battery after a fourth-grade student reported that he rubbed his back underneath his shirt. The student said Zagorac paused the contact when another teacher entered the classroom and then resumed touching him after the teacher left. In addition to the initial report, another student described similar inappropriate contact, and police were informed of concerns that Zagorac had attempted to meet with other elementary school–aged boys. These incidents were reported to have occurred while Zagorac was working as a substitute teacher at Peifer Elementary School in Schererville, Indiana. 

The prosecution in this case did not move forward due to delays and the difficulties inherent in requiring testimony from a child.

Second Arrest in Indiana (2005)

On March 23, 2005, Zagorac was arrested in Lake County, Indiana, for felony child molestation stemming from conduct alleged to have occurred on or around May 30, 2003, while he was working as a substitute teacher. According to the probable cause affidavit, a second-grade student reported that Zagorac called him to the teacher’s desk and touched him inappropriately.

Court records later summarized by the Indiana Court of Appeals show that Zagorac did not deny the physical contact. Instead, he argued that he “‘lacked the requisite mental capacity to commit the crime as he has a naïve understanding of social boundaries in teacher/student interactions.’”

In October 2007, prosecutors moved to dismiss the felony charge after determining that, although the evidence supported the case, the child victim in this case became physically ill “and could not testify in court because of his fear of testifying in the presence of the defendant.’” The case did not move forward.

Years later, in 2015, a court granted Zagorac’s second petition to expunge the arrest record related to this case. 

Additional Reports and Third Arrest (2005)

Meanwhile, concerns about Zagorac’s conduct were continuing to escalate in 2005.

On April 25, 2005, during a business meeting of the Board of Education of Community Consolidated School District 181, a parent “addressed the board regarding child safety and the issues surrounding the substitute teacher arrest. She asked for the district to send a letter to parents with a description and picture of Brett Zagorac and to inform the parents about which classes and dates he subbed at [their] schools. “ 

According to the Chicago Tribune, “Zagorac was fired from substitute teaching jobs in Naperville District 203, Hinsdale District 181 and Schaumburg District 54 in 2005, after the districts realized their background checks did not extend beyond Illinois’ borders, according to the Naperville Sun.”

FBI records reflect an additional felony child molestation arrest in Lake County, Indiana from October 2005. This arrest remains reflected in state and federal databases.

Zagorac’s Fourth Arrest & Guilty Plea (2005-2007) 

Just weeks later, on December 20, 2005, Zagorac was arrested by the Naperville Police Department in Illinois following a consolidated investigation spanning multiple school districts, including Naperville and Downers Grove, where he had been working as a substitute elementary school teacher.

Prosecutors filed 13 counts of criminal sexual abuse and 13 counts of battery, involving 11 identified victims. The police report described a consistent pattern in which Zagorac targeted young students during ordinary classroom activities — often while reading, watching educational videos, or completing assignments — and touched them without permission, frequently placing his hand underneath their clothing. One student described his behavior as “pretty creepy.”

In 2007, on the day his trial was scheduled to begin in DuPage County, Zagorac pleaded guilty to one misdemeanor battery charge as part of a plea agreement, and prosecutors dismissed the remaining charges. He was sentenced to 20 days in jail and two years of probation.

During sentencing, Lake County Sheriff’s Detective Michelle Weaver also testified about Zagorac’s efforts to obtain work involving children outside school settings. According to Weaver, Zagorac attempted to find work as a nanny or babysitter through online platforms, but several sites blocked his access “after some users complained about his aggressive behavior.”

Because Zagorac’s conviction was for a misdemeanor battery rather than a felony sex offense, Illinois law at the time did not require him to register as a sex offender. However, serious concerns were still raised about his conduct.

According to the Daily Herald, “Assistant DuPage County State’s Attorney Jeff Muntz asked the judge to require a sex offender evaluation.” The judge instead required counseling as part of Zagorac’s probation. 

Early Use of Aliases and Online Ads (2008)

In 2008, Wilmette, Illinois police documented another troubling encounter involving Zagorac. This did not result in criminal charges, but emphasized his new reliance on aliases to access families.

According to a police report, a Wilmette couple seeking a nanny through Craigslist was contacted by a man using the name “B.J. Wilhelm.” When the couple met with him at their home, the mother noticed discrepancies linking him to the name Brett Zagorac, including caller ID information and a cooler bearing his real name.

After conducting an online search, the family discovered news reports detailing Zagorac’s prior arrests and cases involving children. Wilmette officers took an informational report, and then closed the case. No charges were filed in connection with this incident.

Fifth, Sixth, and Seventh Arrests (2009–2011)

Notably, according to the Chicago Tribune, “In 2009, Zagorac’s arrest record was expunged erroneously from the FBI National Crime Information Center computer, according to the Post-Tribune, after defense attorney Christopher Schmidgall filed a petition for the expungement. Lake Superior Court Judge pro tem Susan Severtson, acting on the recommendation of Magistrate Natalie Bokota, directed authorities to reconstruct his arrest record.”

By the fall of 2009, Zagorac had again turned to online platforms to gain access to children. Again using the alias “B.J. Wilhelm,” he advertised tutoring services on Craigslist and represented himself as an educator. After corresponding with the mother of a five-year-old child, he was hired to provide one-hour tutoring sessions.

The child later told his mother that the tutor’s physical contact made him uncomfortable. When asked to demonstrate what had occurred, the child displayed slow, deliberate touching of the back under the shirt and also a hand under the waistband area. The child’s mother asked a relative in law enforcement to check the tutor’s license plate. Zagorac was confronted during a subsequent session and admitted that his real name was Brett Zagorac. 

“‘When interviewed by police, Zagorac advised that his mother had posted the Craigslist ad for him under the name B.J. Wilhelm because ‘he did not want people to find out that he had been previously charged with child molesting,’ the affidavit states.” (Chesterton Tribune) 

On February 19, 2010, Zagorac was arrested by the Porter County Sheriff’s Department on a charge of felony child molestation following an investigation by the Portage Police Department. 

During this case, Deputy Prosecutor Cheryl Polarek “said she knew of up to 30 children, ranging in age from 7 to 18, who claim Zagorac touched them in the same manner of this boy or worse.”  (NWI Times)

According to court documents, “On February 23, 2010, Smith was released on bond, with the condition that he was not to be alone with, or tutor, children under age 18.”  

According to court records, “Police executed a search warrant on Smith’s house and seized 15 various school 2 badges, two altered teaching certificates issued by the State of Illinois for both Brett Zagorac and ‘BJ Wilhelm,’ a copy of an ID badge from ‘School District 54’ bearing Brett Zagorac’s photo but the name ‘BJ Wilhelm,’ and copies of student IDs bearing the names Brett Zagorac and ‘BJ Wilhelm’ but having the same photo.”

Zagorac was found guilty of misdemeanor battery by a jury and sentenced to 180 days in jail. 

Despite the court’s no-contact order, Zagorac continued advertising tutoring services under the alias “BJ Wilhelm.” In April 2010, an Evanston, Illinois mother contacted police after hiring a tutor for her seven-year-old daughter through Craigslist. The child later told her mother that the tutor repeatedly rubbed her lower back beneath her clothing, which made her uncomfortable.

Authorities determined that Zagorac’s tutoring activity violated the bond conditions imposed in the Indiana case. His bond was revoked, and he was taken into custody again in May 2010. According to court documents, “In the Evanston matter, Smith pled guilty to misdemeanor battery and was sentenced to 180 days in jail (time served), as well as a one-year conditional discharge.”

Even then, Zagorac continued attempting to tutor children. 

In April 2011, Chicago police arrested him for violating the Porter County court order after he responded online to a tutoring ad for a six-year-old child using the alias, “B.J. Welhelm.” 

More Arrests and Guilty Plea (2014–2018)

In late 2014, Zagorac  responded to online ads seeking a babysitter and tutor for young boys, using the alias “B.J. Zagr” and concealing his true identity. By June 25, 2015, Wilmette police arrested him for disorderly conduct after determining he had deliberately misrepresented his name to avoid families discovering his past. 

During the investigation, another mother reported discomfort with Zagorac’s behavior, including his insistence on being her son’s swim instructor and joining her son’s Clash of Clans gaming group. A search of his electronic devices revealed efforts to locate babysitting and tutoring work, images of children in everyday settings, and internet searches focused on adult–child physical contact.

In October 2015, Zagorac was arrested again on counts of felony aggravated criminal sexual abuse, two counts of grooming, and battery. This arrest grew out of the same investigation that led to his June 25, 2015 arrest for disorderly conduct. As part of that investigation, the 10-year-old boy whom Zagorac had tutored under the alias “B.J. Zagr” was interviewed at a child advocacy center.  The child reported that while he was trying to sleep, Zagorac entered his room and touched him inappropriately over his clothing before “giggling” and leaving the room.

According to court documents, the Illinois Department of Children and Family Services later determined there was “‘sufficient credible evidence to support an indicated finding’ for allegations against [Zagorac] of sexual molestation.” 

Following his arrest, Wilmette police established a tip line, which received multiple calls, including from individuals who knew Zagorac under different aliases. According to court documents, “one person who called into the tip line was [an] FBI agent who reported having given [Zagorac] a verbal warning in 2014 about his suspicious behavior. “ 

Smith ultimately pled guilty to misdemeanor battery in this case and was sentenced to 18 months of probation, which concluded in October 2018.

Separately, in 2016, he “was arrested on two counts of felony aggravated criminal sexual abuse by the Chicago Police Department” for allegedly touching a boy he was tutoring and putting him on his lap. 

Zagorac’s Name Change & DPS Lawsuit (2018–2020)

According to 12 News, “In 2018, records say Zagorac applied for a fingerprint card in Arizona and was denied by the board because of his past record.”

In Arizona, a Level 1 fingerprint clearance card is required for individuals who work or volunteer in positions involving regular contact with children or vulnerable populations. The card is intended to prevent people with disqualifying criminal histories from gaining access to schools, tutoring roles, childcare, and similar settings.

In 2019, in Maricopa County Superior Court in Arizona, Brett James Zagorac changed his name to Brett James Smith. 

The Arizona Department of Public Safety (DPS), which is responsible for issuing fingerprint clearance cards, denied Smith’s application again, after his name change, citing his long record of arrests and convictions involving children. 

Despite those objections, the Arizona Board of Fingerprinting later granted Smith a “good cause exception.” 

According to 12 News, “Applications for this exception are for people with a criminal history who will have to prove to the board they’ve been rehabilitated and won’t re-offend. Documents from that November 2019 hearing, provided in a lawsuit filed by Smith, show that Smith told the Board he went through therapy and claimed his touches were never sexually motivated. The hearing documents say he testified that he set rules for himself, including rules to keep space from children he was tutoring and that a parent or older sibling would be in the room with him while he worked.In January 2020, the Board granted Smith the exception and recommended him for a card.” 

DPS strongly opposed the decision and filed a lawsuit challenging the Board’s approval, arguing that the Board failed to fully account for Smith’s criminal history. 

In court filings, DPS emphasized that, “In addition to Smith’s convictions, he has a history of using fake names, making it difficult for parents considering hiring him as a tutor to research his extensive criminal history.” 

Parents whose children had been victimized by Smith spoke out, including Dawn Landl, who had reported Smith nearly two decades prior.

“‘You see him going from state to state…He’s changing his name and it just continues…Do the background checks, investigate these people…Maybe it wouldn’t have happened to so many other kids. I just want it to stop.’” Landl told 12 News. 

Arizona Fraud Case

According to 12 News, between 2019 and 2022, at least six families reported Smith to law enforcement, with some allegations of inappropriate touching. He was not charged for those allegations. The Chandler Police Department, Pinal County Sheriff’s Office, Maricopa County Sheriff’s Office, Phoenix Police Department, Gilbert Police Department and Glendale Police Department all received complaints regarding Smith.

In 2021, the Arizona Attorney General’s Office indicted Smith on 15 felony fraud-related charges, alleging that he misrepresented and omitted key information in his Maricopa County name-change application in order to conceal his prior arrests and convictions in Illinois and Indiana.

As part of a plea agreement in 2022, Smith pleaded guilty to one count of felony forgery, and the remaining charges were dropped. He was sentenced to 2.5 years of probation.

Brett Smith Working in Catholic Schools (2024–2026)

Despite decades of allegations, arrests, convictions, licensure denial, and public reporting, Smith was able to pass Illinois name-based and fingerprint background checks and work in Catholic school settings.

For the past 16 months, Smith worked as a teacher and tutor in the Chicago area. He had been employed by the Archdiocese of Chicago since 2024. 

According to an update from the Archdiocese of Chicago Catholic Schools, Smith worked as a long-term substitute teacher at St. Walter-St. Benedict School in Chicago and Blue Island during the 2024–2025 school year. At the start of the 2025–2026 school year, he also worked through a third-party vendor at Pope John Paul II School in Chicago. The Archdiocese further reported that Smith provided private tutoring to at least one family with a child enrolled at a Catholic school in the south suburbs, and possibly more. In January 2026, he also worked as a substitute teacher at Queen of Martyrs School in Evergreen Park.

Brett Smith Arrested In Orland Park and Evergreen Park, Illinois (January 2026)

In January 2026, Smith was arrested in two separate Illinois cases.

On January 28, 2026, Orland Park Police arrested Smith. According to prosecutors, Smith was hired by parents as a private tutor on Nextdoor under the alias “BJ S. McAuliffe” for their 9-year-old son. The family became alarmed when a bank payment revealed the name “Brett Smith,” prompting an online search that uncovered extensive public reporting under both Smith and his former name, Brett Zagorac. 

Detectives determined there was probable cause that Smith engaged in sexual contact with a juvenile and charged him with a class one felony, aggravated criminal sexual abuse. 

On January 25, 2026, the Archdiocese of Chicago issued a letter to families acknowledging Smith’s presence in multiple Catholic schools over a 16-month period. The archdiocese stated that, upon learning of his background and allegations, Smith was  barred from schools and terminated.

According to CBS News, “Evergreen Park police also have charged him with battery. Those charges accuse him of making unwanted physical contact with a child at Queen of Martyrs school earlier this month by placing his hand on the student’s hand while standing behind him, and pressing himself against the boy’s back while he was at school.” 

According to CBS news, “The judge in the Orland Park case ordered Smith detained until his next court date, saying, ‘‘Quite frankly, Mr. Smith, enough is enough.’”

If you or your child has been harmed, touched inappropriately, or made uncomfortable by someone using the name Brett Zagorac, Brett Smith, or any of his known aliases, help is available. You can contact your local police department or reach the Illinois Department of Children and Family Services Hotline at 1-800-25-ABUSE to report concerns and seek guidance.

Civil Lawsuit Filed

A civil lawsuit has been filed by the family of a second-grade student at Queen of Martyrs Catholic School. It remains unclear whether the victim in the suit is the same child connected to the Evergreen Park criminal case.

According to the civil complaint, the family alleges that Smith groomed their child and inappropriately touched him. 

“‘The family also accuses the Archdiocese of negligence in hiring Smith, saying they should have known about his background of child molestation allegations. In the filing, attorneys wrote ‘a simple Google search reveals credible evidence of SMITH’s sexual misconduct, occurring in multiple states. Therefore, a proper background search would further reveal such misconduct.’” (CBS)

How Smith Marketed Himself: Aliases, Online Ads, and Self-Descriptions

Across multiple states and over many years, Brett Zagorac, later known as Brett Smith, repeatedly marketed himself for child-facing work using aliases and carefully constructed online personas. These tactics allowed him to obtain access to children even after prior arrests, convictions, and warnings.

Under variations of the name “BJ,” and “Brett,” he advertised himself as a qualified teacher, reading specialist, tutor, and babysitter. He promoted his services through online platforms such as Craigslist, JobCat, Nextdoor, and Facebook, often emphasizing credentials, experience with special-needs or gifted children, and affordability. 

Public records link Smith to the following names and aliases:

• Brett Zagorac
• Brett Smith/ Brett James Smith
• B.J. Smith 
• BJ S. McAuliffe
• B.J. Wilhelm
• B.J. Welhelm 
• B.J. Zagor
• B.J. Zagorac
• B.J. Zagr
• “B.J. the Educator”

When Systems Fail Children

The case of Brett Zagorac, also known as Brett Smith, illustrates how the consequences of institutional inaction can leave children vulnerable. 

Parents raised concerns. Police made arrests. Courts imposed sentences. Arizona authorities flagged his record. News outlets documented his history. 

And yet, despite these warnings, Brett Smith, formerly Brett Zagorac, continued to gain access to children in classrooms and tutoring environments.

Criminal law focuses on individual guilt beyond a reasonable doubt. Civil law serves a different purpose: examining how abuse was allowed to occur and whether it was preventable. 

Civil cases assess duty, knowledge, and foreseeability, asking whether institutions ignored warning signs, relied on incomplete screening, failed to act on complaints, or allowed unsafe access to continue despite available information. 

Here, the record raises serious questions about how someone with a long, documented history of criminal activity was repeatedly able to reenter child-facing environments. 

Civil accountability requires institutions to confront failures and take real steps to protect children going forward.

If You Were Harmed by Brett Zagorac, AKA Brett Smith

If you were harmed by Brett Smith, or any teacher, tutor, or caregiver, you are not alone.

Civil legal options may still exist, even if criminal charges were reduced, dismissed, or occurred long ago. Civil cases can examine how institutions failed in their duty of protection and allowed foreseeable harm to occur.

Andreozzi + Foote is currently investigating reports involving Brett Smith. Our firm represents survivors of institutional sexual abuse and offers free, confidential case evaluations. Speaking with our firm does not obligate you to take legal action, but it can help you to understand your rights and options.

You deserve to be heard. You deserve accountability. You deserve justice. 

Contact us today. 

📞 (866) 311-8640
📧 info@vca.law

Images sources: Left, Brett James Zagorac, 2010, courtesy of Jon L. Hendricks, The Times. Top left, Brett James Smith, 2021, Booking Photo via Arizona Attorney General’s Office, courtesy of KTAR News. Top right, Brett Smith, 2026, courtesy of Orland Park Police. Bottom right, Brett, courtesy of NWI Times. Bottom left, Brett Zagorac, 2010, courtesy of NWI TImes. Bottom right, Brett J. Zagorac, courtesy of NWI Times.