WASHINGTON, DC — A federal grand jury last week indicted former correctional officer Daryl Wayne Smith, 55 years old, on 15 charges of allegedly sexually violating five female inmates at the Federal Correctional Institution, Dublin (FCI Dublin) in California.
The charges include a civil rights violation, according to the U.S. Department of Justice (DOJ).
“Federal prison guards must treat prisoners humanely,” said U.S. Attorney Ismail Ramsey for the Northern District of California. “Victimizing inmates sexually and denying them basic civil rights must end (the) superseding indictment demonstrates my office’s commitment to root out such misconduct and prosecute officers who allegedly perpetrate such abuse.”
The prosecution reported each additional victim was “described as being an inmate at FCI Dublin who suffered abusive sexual conduct by Smith while under his custodial and disciplinary control.”
Daryl Wayne Smith, now a Florida resident, was initially indicted on April 23, 2023, on 12 counts of illegal sexual acts, according to the ongoing case. These charges involved separate incidents with three of the five inmates and allegedly occurred between May 2019 and May 2021.
The superseding indictment includes the original charges plus three new counts involving two additional victims and a federal civil rights violation. Both new victims were inmates under Smith’s custody and control at the time of the abuse.
According to the DOJ, the new information extends the alleged misconduct all the way back to August 2016.
“These allegations of sexual abuse are deeply troubling,” stated Special Agent in Charge Robert K. Tripp of the FBI San Francisco Field Office. “We are committed to enforcing civil rights statutes and holding accountable those who abuse their positions.”
As the FBI and DOJ OIG continue to investigate the case, Smith’s jury trial is set to begin on March 17, 2025 in front of U.S. District Judge Yvonne Gonzalez Rogers for the Northern District of California, even if his arraignment hearing has yet to be scheduled.
If convicted, the U.S. Department of Justice estimates Smith could face a maximum penalty of life in prison for “each count of aggravated sexual abuse and deprivation of rights under color of law.”
Additionally, according to the DOJ, Smith faces a “statutory maximum penalty of 15 years in prison for each count of sexual abuse of a ward and a maximum penalty of two years in prison for each count of abusive sexual contact,” and “as part of any sentence, the court may order a term of supervised release, a fine of up to $250,000 for each count, restitution, and additional assessments.”
“Yesterday’s superseding indictment includes three new allegations of sexual assault by Smith, a Correctional Officer at FCI Dublin,” said Justice Department Inspector General Michael E. Horowitz.
Horowitz added, “The 15 charges against Smith allege he sexually abused multiple inmates over several years, including brazen and violent acts. The Justice Department’s Office of the Inspector General (DOJ OIG) is committed to aggressively investigating allegations of abuse at FCI Dublin and across the Federal Bureau of Prisons.”
“The defendant’s alleged actions are some of the most shocking and disturbing charges we’ve seen for a former federal corrections officer. Sexual abuse scars everyone who survives it, but can be particularly traumatizing when it’s perpetrated by someone in a position of trust or authority,” added Executive Assistant Director Michael D. Nordwall of the FBI’s Criminal, Cyber, Response, and Services Branch.
