CHEYENNE, Wyo. — The U.S. Senate confirmed Darin Smith as U.S. attorney for Wyoming on Monday, days after federal judges dismissed nine felony cases after finding Smith engaged in “flagrant” misconduct during grand jury proceedings, according to Native News Online. The ruling has raised concerns about prosecutorial conduct and the administration of justice on the Wind River Reservation.
According to Native News Online, three federal judges dismissed charges against nine accused persons Friday after learning of misconduct by Smith. Smith allegedly told grand jurors that deliberations “won’t take long” because the accused were “bad guys” and “murdered.” The judges ruled the comments were prejudicial and ultimately compromised the integrity of the grand jury process.
Native News Online also reported that Smith gave jurors his business card during breaks in proceedings and invited them to contact him. Judges stated they viewed the conduct as “inappropriate,” especially during active cases.
Wyoming U.S. Attorney Smith oversees federal prosecutions across the state, including major felony cases on the Wind River Reservation, where federal authorities handle most violent crime cases involving Indigenous communities.
Among the cases dismissed was the prosecution of Jose Benito Ocon, a 34-year-old charged with first-degree murder after allegedly shooting a man inside a moving vehicle on the Wind River Reservation, according to Native News Online. The charge carried a mandatory life sentence if the accused were found guilty.
According to Native News Online, the dismissal order was temporarily stayed, meaning the cases will not be formally dismissed until Wednesday unless Smith chooses not to challenge the ruling or pursues a new grand jury indictment.
In April, federal public defenders requested dismissal of the cases, citing the “inappropriate” comments made by Smith to the grand jury. Native advocates also raised concerns about Smith’s conduct, stating that his comments affected Native communities.
According to Native News Online, the Northern Arapaho Business Council released a statement saying Smith carries a major responsibility in ensuring justice is properly administered on the Wind River Reservation.
“The Tribe finds these actions deeply troubling and inconsistent with the solemn responsibility entrusted to the United States Attorney’s Office,” the statement said. “Federal prosecutors are expected to uphold the integrity of the justice system, not undermine it through reckless comments, improper familiarity with grand jurors, or conduct that creates the appearance of bias and prejudice.”
The council also stated that the “stakes on the Wind River Reservation are far too high for carelessness.”
Before Smith’s confirmation, the Eastern Shoshone Business Council also released a statement supporting the Northern Arapaho Tribe and criticizing Smith’s conduct. The statement emphasized that federal prosecutors play a vital role in ensuring justice for crimes committed on tribal lands.
The case also connects to broader concerns about violence against Indigenous communities. According to Native News Online, Indigenous people experience disproportionately high rates of violent crime. Homicide remains a leading cause of death for Native women in several age groups.
A 2024 FBI review of Wyoming homicide cases found that most Native American homicide cases in the state occur on or near the Wind River Reservation, according to Native News Online.
Nicole Wagon, a member of the Northern Arapaho Tribe and a board member of MMIR 307 (Missing and Murdered Indigenous Relatives), said the issue extends far beyond court procedures and directly affects Native families seeking justice.
Wagon also said accountability in the justice system is crucial and necessary to better assist communities affected by violent crime.
“Every citizen should be alarmed when the integrity of federal prosecution is questioned at this level,” Wagon said. “The people of Wind River deserve accountability. We deserve competent leadership, and above all, we deserve justice.”
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