Sex Abuse Case That Could Put Former FCI Dublin Guard in Prison for Life Goes to Jury

The fate of former FCI Dublin correctional officer Darrell Wayne Smith is now in the hands of a jury, who will have to decide whether he is guilty of sexual abuse or another “victim” of the prison, as suggested by his defense.

His case will bring to a close the criminal proceedings stemming from a sprawling investigation into a culture of sexual abuse, cover-up and retaliation at the now-shuttered East Bay federal prison, as he is the final former official to face trial. Seven others, including the warden, have been sentenced.

Smith is charged with 15 counts related to the sexual abuse of five women formerly incarcerated at FCI Dublin between 2017 and 2021. During closing arguments on Monday, prosecutors described him as “untouchable.”

“The defendant abused all of these women with impunity,” Assistant U.S. Attorney Andrew Paulson said. “He thought that his power, threats and intimidation would insulate him — his buddies would insulate him. Indeed, that’s what the defense is hoping will insulate him today.

“The defendant wants you to view these women like he did: as objects … as felons … especially because some of them have immigration issues and have filed lawsuits [against him and the prison].”

Smith is accused of touching the women’s buttocks and vaginas, forcing them to show their breasts and ordering one woman to have sex with him — allegations uncovered by the FBI probe that ensnared several other prison officials.

However, Smith’s defense argued that his case is different, calling him an outlier among those who were charged. Defense attorney Naomi Chung told the jury that the trial lacked context of Smith’s own mistreatment at Dublin.

Chung said that Smith’s time working at Dublin became a “nightmare” after rumors began swirling about an alleged inappropriate relationship between him and a woman incarcerated at the prison in 2016. At the time, he was a correctional counselor, but amid an investigation into the alleged relationship — which the woman testified was untrue — he was demoted from a counselor to a guard, bringing a downgrade in pay and status.

Chung alleged that Smith was hated by then-Warden Ray Garcia and other management staff since he was a “thorn in their side,” picketing for FCI Dublin’s union and standing up for workers’ rights. The investigation into Smith spanned six years, and he was ultimately given a six-day suspension in May 2021 for the “appearance of an inappropriate relationship.”

She said that the prosecution’s argument that Smith was powerful had “cracks” in it that “are not small. They’re big enough to drive reasonable doubt right through this entire case.”

Chung said it “goes against common sense” to assume Smith would be “brazenly” assaulting women during periods of intense scrutiny — especially when management had access to real-time camera feeds in the housing units. It makes more sense, she argued, that after Garcia was walked off the prison grounds over the abuse allegations — and a special task force came to Dublin as more officials faced similar allegations — “Smith became a scapegoat.”

“The rumors [about Smith’s demotion] had spread like wildfire throughout the whole prison … and his nickname [“Dirty Dick,” according to testimony] … became a weapon,” she told jurors.

Assistant U.S. Attorney Sailaja Paidipaty pushed back, asking: “What was [Smith] so paranoid after that big six-year investigation? A six-day suspension?” That was not the punishment of a management that hated Smith and was set on retaliating against him, she told the jury.

The defense also sought to cast doubt on the women who testified that they had been abused by Smith, citing discrepancies in the indictment and their testimony and pointing to the fact that many women had the same lawyers and brought forward allegations around the same time.

“The timing matters,” Chung said. “None of the accusers came forward until Dublin was in scandal. Because what happens when you put a group of people in a desperate situation and then show them a golden ticket? A ticket that gets you closer to home, a payout, even released. The answer is obvious.”

Again, Paidipaty countered that in the years between interviews with lawyers and re-telling their stories, it is not uncommon for victims to forget or become more blurry on some details.

“That doesn’t mean they’re liars,” she said. “That means they are trying as hard as they can to remember and give accurate information.”

Before the jury left the courtroom to begin deliberations, both the defense and the prosecution asked them to consider the context surrounding this case.

“Context does matter, and the context here is a prison,” Paidipaty said. “They want you to believe that the inmates had the power. The people in the cells. Who had the keys?”

The jury is set to begin deliberations on Tuesday and could return a verdict this week. If convicted, Smith could face up to a life sentence.