JOHNSTOWN, Colo. — An 18-year-old Cheyenne, Wyoming, high school student arrested for allegedly threatening to shoot up his school could face additional legal troubles since he was on probation for a sex crime committed in Colorado when he was 15.
The student, Tyler Bathke, was convicted of sexually assaulting a 4-year-old girl in Johnstown in November 2022. The assault took place on New Year's Day, and the victim was the daughter of Bathke's neighbors, Danielle and Cody Lewark. The teen was placed on two years probation, which he was still serving when he was arrested on a felony charge of making terrorist threats.
CHEYENNE HIGH SCHOOL INCIDENT
According to the Cheyenne Police Department, the incident occurred at East High School in Cheyenne on Thursday, September 26, around 1 p.m. A school resource officer received a report of a male student carrying a gun in his waistband and making "concerning statements to other students - one of which indicated that a school shooting was going to occur."
When officers arrived, they determined there wasn't a gun, but they found Bathke and verified "that threatening statements were made." The Cheyenne Police Department filed for an arrest warrant on Friday, September 27. Bathke turned himself in on Tuesday.
Cheyenne Police Chief Mark Francisco issued the following statement in a press release:
“School threats carry very real consequences. This incident caused unnecessary fear, panic, and disruption in our community and placed a burden on school and police resources. We will always take violent threats seriously and will continue to work closely with our partners in education.”
Bathke’s bond was set at $2,000 at his initial court appearance in Cheyenne. His preliminary hearing is scheduled for Friday, October 11.
2022 CONVICTION
"He traumatized everybody, and now he's able to traumatize Cheyenne," said Danielle Lewark.
The Weld County mother once considered the Bathke family close friends. The families would take vacations together, and Bathke became best friends with Lewark's son.
Lewark's daughter was assaulted when she went downstairs to get her pajamas. Lewark started to wonder where her daughter went after she disappeared for around 11 minutes. When the victim finally appeared, she told her parents that "it hurts when Tyler takes photos."
Lewark called for her husband to kick Bathke out of the house. After examining her daughter, Lewark said she found bruises and cuts on her hips, mouth, and private area. According to Lewark's daughter, Bathke molested and groomed her throughout the evening and told her, "Trust me, best buddies get to do this."
"She trusted him," said Lewark. "It doesn't matter that he was 15. It wouldn't matter if he was 40. The same thing happened. My daughter had a grown man on top of her, and he forced her to do things she did not want to do, and he hurt her.”
Bathke's sexual exploitation charges were dismissed, but the Lewarks insisted that the sexual assault charge should remain.
The court issued restraining orders against Bathke and his father. However, Bathke's order had an exception, allowing the teen to still live in his Johnstown home right across the street from the Lewarks. Arrest records show that Bathke’s father violated the protection order in 2022. Additionally, the Lewarks claim that he took photos of their daughter, harassed them, and threw objects at their home.
"They never showed any remorse, just complete denial," said Lewark.
Five months later, the Bathke family moved to Cheyenne.
WHAT'S NEXT?
Just hours before the Lewarks spoke to Denver7, they received an email from the Colorado Probation Department's Victim Services. The email said that a motion to revoke Bathke's probation had been filed, and "a warrant was issued," which would bring him back to Weld County.
We contacted the Weld County District Attorney's office to see if Bathke's probation revocation meant he could face jail time, but they declined to comment because "it's referring to a juvenile case."
"Accountability in today's society is something that is severely lacking," said Cody Lewark. "The first crime was heinous and horrible in its own right. Now, the second crime, he's threatening to shoot an entire school!"
The victim's parents said they hoped to see a few legal changes that could prevent future cases of abuse:
- They argued that a restraining order shouldn't have an exception allowing Bathke to live close to the victim.
- They argued that Bathke shouldn't be allowed to attend a public school.
- They argued that Bathke's parents shouldn't have overseen his probation.
"I believe he needs treatment," said Lewark. "Away from society until he can have true treatment that can help, support and hopefully get him on the right path.”
Denver7 is committed to making a difference in our community by standing up for what's right, listening, lending a helping hand and following through on promises. See that work in action, in the videos above.