Defendant Information and Indictment, Case 4:23-cr-00110-YGR — United States v. Smith (E.D. Cal., Dkt. 83)

Summary

Document 83, filed July 11, 2023 in Case No. 1:20-cr-00253-ADA-BAM, reproducing papers from United States v. Darrell Wayne Smith, Case 4:23-cr-00110-YGR, in the Northern District of California, Oakland Division: a Defendant Information form (AO 257), a page of maximum penalties, an Indictment filed April 13, 2023 and a Criminal Cover Sheet. The indictment charges violations of 18 U.S.C. § 2243(b), 18 U.S.C. § 2244(a)(4) and 18 U.S.C. § 2241(a). It alleges that the defendant was employed at FCI Dublin as a correctional officer, and its counts allege sexual contact or sexual acts with inmates identified by initials. The penalties page lists a 15-year maximum under § 2243(b), 2 years under § 2244(a)(4) and life under § 2241(a).

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Case 4:23-cr-00110-YGR Document1 Filed 04/13/23 Page k0f9: py qaner

AO 257 (Rev. 6/78) CASE 1:20-cr-00253-ADA-BAM Document 83

Filed 07/11/23 Page-2-0f bh) jay

DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S. DISTRICT COURT

BY: L] compLaint [] INFORMATION INDICTMENT
_] SUPERSEDING

(—— OFFENSE CHARGED
18 U.S.C. § 2243(b)- Sexual Abuse of a Ward L] Petty
18 U.S.C. § 2244(a)(4) - Abusive Sexual Contact .
18 U.S.C. § 2241(a) - Aggravated Sexual Abuse [_] Minor
Misde-
L] meanor
Felony

PENALTY: Seeattachment

Name of District Court, and/or Judge/Magistrate Location

NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

r- DEFENDANT - U.S A
) Darrell Wayne Smith aj

NORTH DISTRICT OF CALIFORN
DISTRICT COURT NUMBER OAKLAND OFFICE

CR 23 0110 AMO

DEFENDANT

PROCEEDING

Name of Complaintant Agency, or Person (& Title, if any)

DOJ OIG

person is awaiting trial in another Federal or State Court,
L give name of court

this person/proceeding is transferred from another district
L per (circle one) FRCrp 20, 21, or 40. Show District

this is a reprosecution of
Og charges previously dismissed

which were dismissed on motion SHOW

of DOCKET NO
| U.S. ATTORNEY C] DEFENSE \

this prosecution relates to a
pending case involving this same
defendant MAGISTRATE
prior proceedings or appearance(s)
before U.S. Magistrate regarding this
defendant were recorded under

\ CASE NO.
Name and Office of Person

Furnishing Information on this form ISMAIL J. RAMSEY

U.S. Attorney [] Other U.S. Agency

Name of Assistant U.S.

Attorney (if assigned) MOLLY K. PRIEDEMAN

PROCESS:
[_] SUMMONS [_] NO PROCESS* WARRANT

If Summons, complete following:
[_] Arraignment [_] Initial Appearance

Defendant Address:

Comments:

ADDITIONAL INFORMATION OR COMMENTS

Date/Time:

IS NOTIN CUSTODY
Has not been arrested, pending outcome this proceeding.
1) [x] If not detained give date any prior
summons was served on above charges

2) [_] !s a Fugitive

3) [_] Is on Bail or Release from (show District)

IS INCUSTODY
4) [_] On this charge

5) [] On another conviction

} CJ Federal [| State

6) [_] Awaiting trial on other charges
If answer to (6) is "Yes", show name of institution

Has detainer L_] Yes If"Yes
been filed? oa
“ [] No filed
DATE OF 3) Month/Day/Year
ARREST
Or... if Arresting Agency & Warrant were not
DATE TRANSFERRED Month/Day/Year

TO U.S. CUSTODY

IA

[ ] This report amends AO 257 previously submitted

Bail Amount: No Bail.

* Where defendant previously apprehended on complaint, no new summons or
warrant needed, since Magistrate has scheduled arraignment

Before Judge:
Case 4:23-cr-00110-YGR Document 1 Filed 04/13/23 Page 2 of 9
Case 1:20-cr-00253-ADA-BAM Document 83 Filed 07/11/23 Page 3of11

Maximum Penalties

. 18 U.S.C. § 2243(b) — Sexual Abuse of a Ward (Counts Seven, Nine, Ten, Eleven, Twelve)

15 years imprisonment

$250,000 fine

Restitution

Maximum Supervised Release Term: Life
Minimum Supervised Release term: 5 years
Mandatory Special Assessment: $100

18 U.S.C. § 2244(a)(4) — Abusive Sexual Contact ( Counts One, Two, Three, Four, Six,
Eight)

2 years imprisonment

$250,000 fine

Restitution

Maximum Supervised Release Term: Life
Minimum Supervised Release term: 5 years
Mandatory Special Assessment: $100

18 U.S.C. § 2241(a) — Aggravated Sexual Abuse (Count Five)

Life imprisonment

$250,000 fine

Restitution

Maximum Supervised Release Term: Life
Minimum Supervised Release Term: 5 years.
Mandatory Special Assessment: $100
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Antted States District Court

FOR THE
NORTHERN DISTRICT OF CALIFORNIA

VENUE: OAKLAND FILED

UNITED STATES OF AMERICA, NORTH'S US DISTRICT eouny
OF THE co} aT
DARRELL WAYNE SMITH “Al

a/k/a “Dirty Dick Smith,”

CR 23 0110 Amo

DEFENDANT(S).

INDICTMENT

18 U.S.C. § 2243(b)- Sexual Abuse of a Ward:
18 U.S.C. § 2244(a)(4) — Abusive Sexual Contact;
18 U.S.C. § 2241(a) — Aggravated Sexual Abuse.

A true bill.

/s/ Foreperson of the Grand Jury / ef
Foreman

Filed in open court this 13th day of

April, 2023

i Bail, $ No Bail

7 7
(HON. DONNA M. RYU, CHIEF MAGISTRATE JUDGE
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ISMAIL J. RAMSEY (CABN 189820) FILED
United States Attorney
APR 13 2023 fx

CLERK, U.S. DISTRICT COUR
NORTH DISTRICT OF CALIFORNIA
OAKLAND OFFICE

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

VIOLATIONS:

18 U.S.C. § 2243(b) — Sexual Abuse of a Ward;
18 U.S.C. § 2244(a)(4) — Abusive Sexual Contact;
18 U.S.C. § 2241(a) — Aggravated Sexual Abuse

UNITED STATES OF AMERICA,
Plaintiff,
V.
DARRELL WAYNE SMITH,
a/k/a “Dirty Dick Smith,”

Defendant. OAKLAND VENUE

INDICTMENT

The Grand Jury charges, that at all times relevant to this Indictment:

Introductory Allegations

1. The Federal Correctional Institution, Dublin (“FCI Dublin”) was a federal prison in
Alameda County, California, within the Northern District of California.

2. The defendant DARRELL WAYNE SMITH, a/k/a “Dirty Dick Smith,” was employed at
FCI Dublin as a correctional officer.

ey S.L.H., an individual known to the Grand Jury, was a female inmate at FCI Dublin, who
was serving a prison sentence.

4. C.A.H., an individual known to the Grand Jury, was a female inmate at FCI Dublin, who

was serving a prison sentence.

INDICTMENT 1
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Case 4:23-cr-00110-YGR Document1 Filed 04/13/23 Page 5 of 9

5. L.J., an individual known to the Grand Jury, was a female inmate at FC] Dublin, who was
serving a prison sentence.
COUNT ONE: (18 U.S.C. § 2244(a)(4) — Abusive Sexual Contact)

6. Paragraphs 1 through 5 of this Indictment are re-alleged and incorporated as if fully set
forth here.

7. On a date between in or about May 2019 and in or about August 2020, in the Northern
District of California, the defendant,

DARRELL WAYNE SMITH,

while in FCI Dublin, a Federal prison, knowingly engaged in sexual contact with S.L.H., a person who
was in official detention and under the custodial, supervisory, and disciplinary authority of the
defendant, when he touched S.L.H.’s buttocks in her cell at FCI Dublin, in violation of 18 U.S.C.
§ 2244(a)(4).

COUNT TWO: (18 USS.C. § 2244(a)(4) — Abusive Sexual Contact)

8. Paragraphs | through 5 of this Indictment are re-alleged and incorporated as if fully set
forth here.

9. On a date between in or about October 2020 and in or about March 2021 in the Northern
District of California, the defendant,

DARRELL WAYNE SMITH,

while in FCI Dublin, a Federal prison, knowingly engaged in sexual contact with S.L.H., a person who
was in official detention and under the custodial, supervisory, and disciplinary authority of the
defendant, when he touched S.L.H’s buttocks in her cell at FCI Dublin, in violation of 18 U.S.C.
§ 2244(a)(4).
COUNT THREE: (18 U.S.C. § 2244(a)(4) — Abusive Sexual Contact)

10. Paragraphs | through 5 of this. Indictment are re-alleged and incorporated as if fully set
forth here.
11. | Ona date between in or about April 2021 and in or about May 2021 in the Northern
District of California, the defendant,
DARRELL WAYNE SMITH,

INDICTMENT 2
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while in FC] Dublin, a Federal prison, knowingly engaged in sexual contact with S.L.H., a person who
was in official detention and under the custodial, supervisory, and disciplinary authority of the
defendant, when he touched S.L.H.’s inner thigh and groin in her cell at FCI Dublin, in violation of 18
ULS.C. § 2244(a)(4).

COUNT FOUR: (18 U.S.C. § 2244(a)(4) — Abusive Sexual Contact)

12. Paragraphs 1 through 5 of this Indictment are re-alleged and incorporated as if fully set
forth here.

13. | Ona date between in or about April 2021 and in or about May 2021 in the Northern
District of California, the defendant,

DARRELL WAYNE SMITH,

while in FCI Dublin, a Federal prison, knowingly engaged in sexual contact with S.L.H., a person who
was in official detention and under the custodial, supervisory, and disciplinary authority of the
Defendant, when he touched S.L.H.’s groin in her cell at FCI Dublin, in violation of 18 U.S.C.
§ 2244(a)(4).

COUNT FIVE: (18 U.S.C. § 2241(a) — Aggravated Sexual Abuse)

14. Paragraphs | through 5 of this Indictment are re-alleged and incorporated as if fully set
forth here. .

15. | Ona date between in or about April 2021] and in or about May 2021 in the Northern
District of California, the defendant,

DARRELL WAYNE SMITH,

while in FC] Dublin, a Federal prison, did knowingly cause S.L.H. to engage in a sexual act, when he
digitally penetrated S.L.H.’s anal opening, by use of force against S.L.H., in violation of 18 U.S.C.
§ 2241(a).
COUNT SIX: (18 U.S.C. § 2244(a)(4) — Abusive Sexual Contact)

16. Paragraphs 1 through 5 of this Indictment are re-alleged and incorporated as if fully set
forth here.

17. Ona date between in or about September 2020 and in or about January 2021 in the

Northern District of California, the defendant,

INDICTMENT 3
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DARRELL WAYNE SMITH,
while in FC] Dublin, a Federal prison, knowingly engaged in sexual contact with C.A.H., a person who
was in official detention and under the custodial, supervisory, and disciplinary authority of the
defendant, when he touched C.A.H.’s breast and buttocks in a laundry room at FCI Dublin, in violation
of 18 U.S.C. § 2244(a)(4).
COUNT SEVEN: (18 U.S.C. § 2243(b) — Sexual Abuse of a Ward)

18. | Paragraphs | through 5 of this Indictment are re-alleged and incorporated as if fully set
forth here.

19. Ona date between in or about September 2020 and in or about January 2021 in the
Northern District of California, the defendant,

DARRELL WAYNE SMITH,

while in FC] Dublin, a Federal prison, knowingly engaged in a sexual act with C.A.H., a person who
was in official detention and under the custodial, supervisory, and disciplinary authority of the
defendant, when he digitally penetrated C.A.H’s genital opening while they were in a laundry room at
FCI Dublin, in violation of 18 U.S.C. § 2243(b).
COUNT EIGHT: (18 U.S.C. § 2244(a)(4) — Abusive Sexual Contact)

20. Paragraphs 1 through 5 of this Indictment are re-alleged and incorporated as if fully set
forth here.

21. Ona date between in or about September 2020 and in or about January 2021 in the
Northern District of California, the defendant,

DARRELL WAYNE SMITH,

while in FCI Dublin, a Federal prison, knowingly engaged in sexual contact with C.A.H, a person who
was in official detention and under the custodial, supervisory, and disciplinary authority of the
defendant, when he touched C.A.H.’s breast and buttocks while they were in a laundry room at FCI
Dublin, in violation of 18 U.S.C. § 2244(a)(4).
COUNT NINE: (18 U.S.C. § 2243(b}- Sexual Abuse of a Ward)

22. Paragraphs 1 through 5 of this Indictment are re-alleged and incorporated as if fully set

forth here.

INDICTMENT 4
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23. Ona date between in or about September 2020 and in or about January 2021 in the
Northern District of California, the defendant,
DARRELL WAYNE SMITH,
while in FCI Dublin, a Federal prison, knowingly engaged in a sexual act with C.A.H., a person who
was in official detention and under the custodial, supervisory, and disciplinary authority of the
defendant, when he penetrated C.A.H.’s genital opening with his penis, while they were in a janitor’s
closet at FCI Dublin, in violation of 18 U.S.C. § 2243(b).
COUNT TEN: (18 U.S.C, § 2243(b) — Sexual Abuse of a Ward)
24. Paragraphs | through 5 of this Indictment are re-alleged and incorporated as if fully set
forth here.
25. Ona date between in or about March 2020 and in or about June 2020 in the Northern
District of California, the defendant,
DARRELL WAYNE SMITH,
while in FCI Dublin, a Federal prison, knowingly engaged in a sexual act with L.J., a person who was in
official detention and under the custodial, supervisory, and disciplinary authority of the defendant, when
he digitally penetrated L.J.’s genital opening, while they were in L.J.’s cell at FCI Dublin, in violation of
18 U.S.C. § 2243(b).

COUNT ELEVEN: (18 U.S.C. § 2243(b) — Sexual Abuse of a Ward)

26. Paragraphs 1 through 5 of this Indictment are re-alleged and incorporated as if fully set
forth here.

27. Ona date between in or about August and in or about December 2020 in the Northern
District of California, the defendant,

DARRELL WAYNE SMITH,

while in FCI Dublin, a Federal prison, knowingly engaged in a sexual act with L.J., a person who was in
official detention and under the custodial, supervisory, and disciplinary authority of the defendant, when
he digitally penetrated L.J.’s genital opening, while they were in a laundry room at FCI Dublin, in
violation of 18 U.S.C. § 2243(b).

INDICTMENT 5
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COUNT TWELVE: (18 U.S.C. § 2243(b) — Sexual Abuse of a Ward)

28. Paragraphs | through 5 of this Indictment are re-alleged and incorporated as if fully set
forth here.

29. On a date between in or about September 2020 and in or about January 2021 in the
Northern District of California, the defendant,

DARRELL WAYNE SMITH,
while in FCI Dublin, a Federal prison, knowingly engaged in a sexual act with L.J., a person who was in
official detention and under the custodial, supervisory, and disciplinary authority of the defendant, when
he digitally penetrated L.J.’s genital opening, while they were in a laundry room at FCI Dublin, in
violation of 18 U.S.C. § 2243(b).
DATED: April 13, 2023 A TRUE BILL.

/s/ Foreperson of the Grand Jury
FOREPERSON

ISMAIL J. RAMSEY
United States Attorney

MOLLY K. PRIEDEMAN
Assistant United States Attorney

INDICTMENT 6
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UNITED STATES DISTRICT COURT APR 13 2023 4K

NORTHERN DISTRICT OF CALIFORNIA

CLERK, U.S. DISTRICT @OURT.
NORTH DISTRICT OF CALIFORNIA
OAKLAND OFFICE

CRIMINAL COVER SHEET

Instructions: Effective November 1, 2016, this Criminal Cover Sheet must be completed and submitted,
along with the Defendant Information Form, for each new criminal case.

CASE NAME: CASE NUMBER: C ie 2 4 0 1 1 0
CR

USAYV. Darrell Wayne Smith a/k/a "Dirty Dick Smith" AMO
Is This Case Under Seal? Yes ¥ No
Total Number of Defendants: 1v 2-7 8 or more

Does this case involve ONLY charges

under 8 U.S.C. § 1325 and/or 1326? ne) No ¥

Venue (Per Crim. L.R. 18-1): SF OAK JY SJ
Is this a potential high-cost case? Yes No ¥

Is any defendant charged with

a death-penalty-eligible crime? Kes NO v

Is this a RICO Act gang case? Yes No ¥
Assigned AUSA

(ead Attorney): AUSA Molly K. Priedeman PateSuimitted: 4/15/2023

Comments:

; RESET FORM | SAVE PDF
Form CAND-CRIM-COVER (Rev. 11/16) Se ERAS Ras i


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