A former correctional officer at the since-closed federal women’s prison in Dublin now faces 15 counts of sexual abuse, including a civil rights violation, after prosecutors this week added two new victims and three new counts to the indictment.
The initial indictment against Darrell Wayne Smith, now 55 and living in Florida, was filed on April 13, 2023, and charged him with engaging in illegal sexual acts with three female inmates while he was employed at FCI Dublin as a correctional officer.
The indictment covered 12 alleged acts occurring between May 2019 and May 2021, when Smith allegedly engaged in separate sexual conduct with each of the three inmate victims.
Thursday’s indictment supplants the initial indictment and identifies two additional victims and charges Smith with 15 counts.
Each additional victim is described as being an inmate at FCI Dublin who suffered abusive sexual conduct by Smith while under his custodial and disciplinary control. Smith’s charged sexual conduct is now alleged to have begun as early as August 2016.
The latest indictment also charges a third new count alleging a federal civil rights violation by Smith involving aggravated sexual abuse.
Smith now faces six counts of sexual abuse of a ward, seven counts of abusive sexual contact, one count of aggravated sexual abuse, and one count of deprivation of rights under color of law.
“As alleged, officer Daryl Smith engaged in appalling criminal acts when he sexually abused those in his care and custody,” said Deputy Attorney General Lisa Monaco. “This superseding indictment is the latest product of the department’s ongoing work to seek justice for victims of sexual assault at FCI Dublin.
“We remain steadfast in our commitment to root out sexual assault within the BOP and hold to account those who so egregiously violate their duty,” Monaco said.
Smith’s arraignment on the superseding indictment has not yet been set. However, Smith is currently set to begin jury trial on March 17 in front of U.S. District Judge Yvonne Gonzalez Rogers for the Northern District of California.
If convicted, he faces a maximum penalty of life in prison for each count of aggravated sexual abuse and deprivation of rights under color of law. Smith also 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.
As part of any sentence, the court will order a term of supervised release and may order a fine of up to $250,000 for each count in restitution and additional assessments.
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