UPDATE: 9-24-2025, 3:30 pm — Jay Bedrosian, president of AES Restaurants, the Indiana-based company that owns all Arby's franchises in Montana, issued the following statement: "AES does not hire anyone under the age of 16. Employee brought up an allegation, we investigated it and terminated another employee. Employee never brought up any concerns since employee was terminated or we would have investigated as we did previously and reacted accordingly.
We take the safety and security of all our employees seriously. "
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Darius Simmons, 27, faces multiple charges, including statutory rape and sexual abuse of children, after allegedly stalking a victim for two years.
According to court documents, the charges stem from incidents that began in December 2021 when the victim was 14 years old and Simmons was 23 and both were working Arby's restaurant in Bozeman.
The victim reported that Simmons touched her inappropriately at work and forced sexual intercourse without consent while driving her to and from work. She also reported waking up after a concert to find Simmons on top of her.
According to investigators, the victim stopped associating with Simmons in June 2024, and he was fired from Arby's at the end of 2024 for inappropriate behavior toward her. Simmons continued appearing at the restaurant while the victim worked, with management allowing him entry as a customer despite her complaints.
The stalking reportedly escalated in 2025. According to charging documents, Simmons threatened to distribute explicit images and videos of the victim taken when she was a juvenile. The victim never saw the content but knew he had taken photos and videos during sexual encounters due to camera flashes.
Investigators say between April and August 2025, Simmons was seen driving by the victim's residence more than six times, typically honking his horn or revving the engine. Multiple neighbors witnessed his behavior, with one recording evidence of him slowly driving past the house. The victim lives on a dead-end street with no reason for Simmons to be there.
In April, according to court documents, the victim and her mother went to Simmons' house and told him not to return. The victim told police she ultimately quit her job due to his continuous appearances at her workplace and her fear of encountering him.
Simmons was arrested on August 3 during a traffic stop for two active warrants, obstructing a police officer, fleeing and eluding, driving with a suspended license, and failing to have insurance. He was also charged with stalking, a misdemeanor. According to police, his phone was seized as evidence due to reports of explicit images and videos of a juvenile.
After further investigation, officers confirmed the phone contained several explicit videos of Simmons and the victim engaging in sexual intercourse.
WATCH: Darius Simmons first court appearance Sept 24, 2025.
A search warrant for Simmons' residence uncovered multiple computers, cell phones, cameras, SD cards, and gaming systems, with evidence suggesting additional victims may be involved. Officers found a locked safe containing sexually explicit printed photos of the victim and images of another unidentified female victim appearing to be a younger teenager. The safe also contained children's clothing sized for late elementary or early middle school ages.
Officers discovered prohibited firearms and ammunition at the residence.
Simmons appeared in Gallatin County Justice Court Wednesday morning. The judge set bail at $100,000. Simmons next court date is October 10, 2025.
