Federal Judges Dismiss Charges Against 9 Defendants After Wyoming U.S. Attorney Misconduct Finding
Why It Matters
A significant federal prosecution collapse in Wyoming has raised serious questions about the integrity of the state’s top federal law enforcement office — and could complicate the U.S. Senate’s consideration of interim U.S. Attorney Darin Smith’s pending confirmation vote, scheduled for next week.
The dismissed cases involved serious charges including felony firearms possession, drug distribution, and child pornography. Defendants could face re-prosecution, but the misconduct findings have opened the door to further legal challenges that may hamper the government’s ability to proceed.
What Happened
Three federal judges dismissed felony grand jury indictments against nine Wyoming defendants Friday after concluding that Smith engaged in pervasive misconduct before a grand jury that convened in Casper on March 15.
The defendants named in the dismissal order are Cheyenne Swett, Richard Allen, Michael Scott Hopper, Brian Joseph Johnson, Dennison Jay Antelope, Mathew Christopher Jacoby, Matthew Miller Jr., Wolf Elkins Duran, and Jose Benito Ocon.
Defense attorneys argued that Smith improperly characterized the defendants to jurors before evidence was presented, calling them “bad guys” and “murderers” and suggesting deliberations “won’t take long.” Smith did not deny making those statements.
Judges Kelly Rankin, Scott Skavdahl, and Alan Johnson concluded in a 14-page order that the misconduct began “with some of the first words spoken to the grand jury” and continued in off-the-record conversations during breaks. The judges wrote that grave doubt existed about whether the grand jury’s decision to indict was free from the substantial influence of those violations.
The dismissals were issued without prejudice, meaning Smith’s office could convene a new grand jury and re-present the cases. However, the order was stayed until Wednesday — or until Smith declines to contest it — giving him an opportunity to argue against it.
Defense Attorneys Push Back Hard
Shortly after the order was filed, defense attorneys moved aggressively, filing motions asking the judges to reconsider and make the dismissals permanent rather than allowing re-prosecution.
The new filings allege that the misconduct was not limited to Smith alone. At least one assistant U.S. attorney witnessed the inappropriate remarks, and the motions claim the office deliberately withheld that information for nearly two months. “The government’s own filing reveals that the misconduct was known to multiple attorneys and deliberately withheld,” the motions state.
Defense attorneys argued that allowing Smith’s office to simply re-present the cases would reward what they characterized as a systemic, institutional cover-up. They asked the judges to disqualify Smith’s entire office from further involvement in the cases and requested the matters be transferred to the Department of Justice in Washington, D.C., or to a different U.S. Attorney’s office.
In the alternative, defense attorneys asked that Smith be formally disciplined and that the matter be referred to the DOJ for disciplinary proceedings.
By the Numbers
- 9 defendants whose felony indictments were dismissed
- 14 pages in the judges’ dismissal order
- 3 federal judges signed the ruling
- 2 months the alleged misconduct information was reportedly withheld before disclosure
- 1 Senate confirmation vote pending for Smith, expected next week
Zoom Out
The ruling arrives at a precarious moment for Smith, whose nomination to permanently lead the Wyoming U.S. Attorney’s Office has already faced significant scrutiny. His nomination by the former U.S. Attorney General was complicated by his attendance at the January 6, 2021 Capitol riot, and questions about his professional conduct have dogged the confirmation process. The Senate Judiciary Committee advanced his nomination along party lines.
Wyoming’s U.S. Senators John Barrasso and Cynthia Lummis, both of whom have supported Smith’s nomination, did not respond to requests for comment on whether the misconduct ruling would affect their support.
The case echoes broader national concerns about prosecutorial standards and grand jury integrity, issues that federal courts across the country have increasingly scrutinized. A separate Wyoming federal case involving a defamation claim against the Wyoming Freedom Caucus PAC was also recently dismissed, reflecting a period of notable legal activity in the state’s federal courts.
What’s Next
Smith has until Wednesday to formally contest the dismissal order. If he does not, the dismissals take effect. The three-judge panel will then consider defense motions seeking permanent dismissals and possible disqualification of the Wyoming U.S. Attorney’s Office from the cases entirely.
Smith’s Senate confirmation vote is expected next week, meaning the misconduct ruling could factor into final deliberations on whether to confirm him to the post he currently holds on an interim basis.
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