GRANTS, N.M. – Robert Andrew Smith, 38, of Grants, New Mexico was indicted by the 13th Judicial District Courts for having sex with an inmate. The indictment was released on June 29 and charged Smith with two counts of Criminal Sexual Penetration in the Second Degree (Position of Authority Over Inmate). Smith has entered a plea of “Not Guilty.” An indictment is only an allegation, all people are considered innocent until proven guilty in a court of law.
At the time of the alleged incident, Smith was an employee at the Western New Mexico Correctional Facility which houses female inmates.
Court documents allege that Smith began his relationship with the unnamed inmate in January. Shortly after their first alleged sexual engagement, Smith allegedly brought inmates various items which are considered contraband, including: Cigarettes, food, soda, hand sanitizer, and earrings.
The second affair occurred sometime before the end of April; the New Mexico State Police has not yet released all details of this crime. The New Mexico Department of Corrections allegedly discovered evidence of Smith’s crime, and the department launched an investigation using the Security Threat Investigations Unit, also known as STIU.
Once STIU finished their investigations, the facility alerted NMSP. On May 19, two agents with the state police interviewed Smith about the alleged crime, in a press release, NMSP said Smith admitted to having sexual relations with the inmate.
Smith was arrested by NMSP agents and was taken to the Cibola County Correctional Center in Milan, N.M. Smith was charged with two counts of Criminal Sexual Penetration by an Official in a Position of Authority Over an Inmate; and one count of Bringing Contraband onto Prison Grounds.
On June 24 a grand jury convened and indicted Smith on just the two charges of Criminal Sexual Penetration by an Official in a position or Authority.
In the United States Justice System, all people are innocent until proven guilty in a court of law. A trial date has not yet been set for Smith.