OAKLAND – A federal grand jury issued an eight count superseding indictment today charging former federal prison warden Ray J. Garcia with seven counts of sexually abusive conduct against three female victims who were serving prison sentences and one count of making false statements to government agents, announced U.S. Attorney Stephanie M. Hinds, Department of Justice (DOJ), Office of the Inspector General (OIG) Los Angeles Field Office Special Agent in Charge Zachary Shroyer, and FBI Special Agent in Charge Sean Ragan.
At the time of the eight offenses, Garcia, 55, of Merced, California, was employed as the Associate Warden or as the Warden of the Federal Correctional Institute Dublin (FCI Dublin), an all-female low security federal correctional institution in Alameda County. Garcia was initially charged by a complaint filed on September 24, 2021, that alleged he committed one count of sexual abuse of a ward. A federal grand jury thereafter issued an indictment on November 2, 2021, charging Garcia with two counts of sexual abuse of a ward who was identified only as “Victim 1.” Victim 1 was described in the indictment as a female inmate serving a prison sentence at FCI Dublin.
Today, the federal grand jury issued a superseding indictment against Garcia, now charging him with three counts of sexual abuse of Victim 1 and one count of abusive sexual contact with Victim 1, all while she was a prisoner at FCI Dublin. These counts are alleged to have occurred from December 2019 to March 2020.
The superseding indictment further charges Garcia with sexual offenses against two additional females serving prison sentences at FCI Dublin. These females are identified only as “Victim 2” and “Victim 3.” The superseding indictment charges Garcia with two counts of abusive sexual contact with Victim 2, both acts occurring in the period from January to July 2021. The superseding indictment also charges Garcia with one count of abusive sexual contact with Victim 3. The abusive sexual contact is alleged to have occurred during the period from March to September 2020.
Lastly, the superseding indictment charges Garcia with one count of making false statements to a government agency on July 22, 2021. On that date, Garcia is alleged to have stated to a government agency that he had never asked inmates to be undressed for him at a specific time nor had he ever touched an inmate inappropriately. The charge alleges that Garcia knew these statements to be untrue because he had asked multiple inmates to undress for him at a specific time and had touched Victim 1, Victim 2, and Victim 3 in a sexual manner.
Garcia is out of custody and his initial appearance on the superseding indictment has not yet been scheduled. However, Garcia is set to begin a jury trial on the charges against him on November 21, 2022, in front of United States District Judge Yvonne Gonzalez Rogers.
The charges contained in the superseding indictment are mere allegations. As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.
Garcia is charged with three counts of sexual abuse of a ward in violation of 18 U.S.C. § 2243(b). If convicted, he faces a maximum period of imprisonment of 15 years for each count of conviction. Garcia is also charged with four counts of abusive sexual contact in violation of 18 U.S.C. § 2244(a)(4). If convicted, he faces a maximum period of imprisonment of 2 years for each count of conviction. Garcia is lastly charged with making false statements to a government agency in violation of 18 U.S.C. § 1001(a)(2). If convicted of this offense, he faces a maximum penalty of 8 years imprisonment. For each conviction of the above offenses, Garcia faces a maximum fine of $250,000. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing imposition of a sentence, 18 U.S.C. § 3553.
The case is being prosecuted by AUSAs Molly Priedeman and Andrew Paulson with the assistance of Leeya Kekona. The prosecution is the result of an investigation by the DOJ-OIG and the FBI.