Native News
Senate Confirms Prosecutor Whose Misconduct Led to Nine Felony Case Dismissals, Including Wind River Murder
The U.S. Senate confirmed Darin Smith as U.S. Attorney for Wyoming on Monday, days after three federal judges dismissed nine criminal cases, including a murder case on the Wind River Reservation, due to Smith’s “flagrant misconduct.”
The judges dismissed charges against nine defendants on Friday after learning that in March, Smith reportedly told grand jurors that deliberations “won’t take long” because the defendants were “bad guys” and “murderers.” The ruling determined the comments were prejudicial and tainted the jury.
As well, during a break in proceedings, Smith gave his business card to jurors, inviting them to reach out to him.
As the state’s top federal prosecutor, Smith is responsible for prosecuting federal crimes, including all crimes within national parks and nearly all felony-level crimes on the Wind River Indian Reservation.
Among the defendants whose charges were dismissed is Jose Benito Ocon, 34, charged with one count of first-degree murder for shooting a man in a moving car on the Wind River Reservation. He faced a mandatory life sentence for the crime.
The dismissal order is stayed, meaning the charge will not be dismissed until Wednesday, or until Smith declines to contest it, whichever occurs first.
The dismissal is without prejudice, meaning Smith could empanel another grand jury and present the cases again.
In April, federal public defenders asked judges to dismiss charges against the defendants, citing Smith’s comments to the jury. Tribes and Missing and Murdered People advocates in the state have been raising the alarm about Smith’s conduct.
On Thursday, the Northern Arapaho Business Council released a statement that read in part:
“As Wyoming’s highest-ranking federal prosecutor, Mr. Smith carries one of the most important responsibilities in Indian Country: ensuring that justice is fairly and lawfully administered on the Wind River Reservation, home to the Northern Arapaho Tribe and the Eastern Shoshone Tribe. His office is entrusted with prosecuting serious violent crimes under the federal Major Crimes Act — crimes that deeply impact Native families and communities.
“The Tribe finds these actions deeply troubling and inconsistent with the solemn responsibility entrusted to the United States Attorney’s Office. 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 stakes on the Wind River Reservation are far too high for carelessness.”
On Monday, before Smith’s confirmation, the Eastern Shoshone Business Council released a statement in standing with with the Northern Arapaho. The statement read in part:
“Federal statutes and Supreme Court decisions have infringed on the Eastern Shoshone Tribe’s inherent sovereignty to prosecute crimes committed by non-Indians on the Wind River Reservation, as well as our ability to impose sentences that reflect the nature of serious violent crimes against our people. The U.S. Attorney’s Office currently carries the mantle of prosecuting major crimes on the Tribe’s traditional homelands since time immemorial. It is through the U.S. Attorney’s Office that our Native families and communities find justice, are ensured a fair and unbiased proceeding, and are made safe. Yet, Interim United States Attorney Darin Smith shows a flippant disregard for the integrity of the justice system through reckless comments, improper familiarity with grand jurors, and conduct that creates the appearance of bias and prejudice.”
MMIP Crisis and Violent Crimes
The MMIP crisis is prevalent across the country, with Indigenous peoples being murdered at a rate 10 times the national average. Homicide is one of the leading causes of death for Native women ages 10-24 and the fifth-leading cause of death for Native women ages 25-34.
A 2024 FBI investigative review of Wyoming murder cases showed that the majority of the state’s Native American homicide cases occur in or on the Wind River Reservation.
Nicole Wagon, an enrolled member of the Northern Arapaho Tribe and a board member of MMIP advocacy group MMIR 307, said that Smith’s conduct putting justice at risk extends beyond the state’s reservation communities.
“I speak from the reality our communities live every day, not from politics,” Wagon told Native News Online. “For the people of Wind River, this is not procedural. It is not distant. It is deeply personal.”
Wagon is familiar with the judicial process involving serious crimes; two of her daughters were murdered a year apart, one on the reservation and one off the reservation.
“Every citizen should be alarmed when the integrity of federal prosecution is questioned at this level,” Wagon said. “Accountability, transparency, and ethical leadership are not negotiable — they are essential. The people of Wind River deserve accountability. We deserve competent leadership. And above all, we all deserve justice.”