WACO, Texas — Three inmates at a Texas detention facility have been charged in connection with the alleged gang sexual assault of a fellow prisoner, raising serious questions about inmate safety, staff misconduct and whether jail officials failed to intervene during the attack.
The incident reportedly occurred Oct. 4, 2026, inside the Jack Harwell Detention Center in McLennan County. According to KWTX News 10, a 34-year-old male inmate was sexually assaulted by another prisoner while three other inmates allegedly restrained him. Authorities confirmed that the incident was captured on surveillance video.
On Friday, Oct. 16, authorities charged Davante Trevon Hicks, 22, Joseph Morgan Ivy, 24, and Sirdale Marcus McNelton, 31, with aggravated sexual assault and engaging in organized criminal activity. A warrant was also issued for a fourth inmate believed to have participated in the attack. His identity had not been released because he had not yet been booked on the new charges.
However, the allegations extend beyond the inmates accused of carrying out the assault.
According to attorney Mona Keathley, who represents the victim, her client previously complained that a female correctional officer falsely identified him to other inmates as a child molester. His attorney and family dispute that characterization and believe the alleged statement may have made him a target for violence.
Keathley also alleges that two correctional officers failed to intervene despite reportedly witnessing her client naked inside a cell with other inmates and hearing his screams for help.
The allegations have not been independently established, and McLennan County officials have not publicly confirmed that correctional officers ignored the assault.
The victim had reportedly been attacked in a separate physical altercation on Sept. 22, prompting his attorney to request additional protection. Although he was subsequently transferred to another detention facility, the sexual assault occurred less than two weeks later.
Following the October attack, the man was transported to a hospital for medical treatment and placed in protective custody.
His attorney says that protective custody has created additional problems. According to court filings, the inmate has been isolated in a segregation cell without adequate access to hygiene products or the ability to communicate with family members. Keathley also alleges that he has struggled to sleep and has not received an approved over-the-counter sleep aid.
The attorney described her client as experiencing severe emotional distress and said he broke down crying while discussing the assault. He also reportedly told his family that the attackers threatened to kill him and his relatives if he reported what happened.
Keathley has now filed motions requesting that a judge release her client on a personal recognizance bond or allow him to leave custody under GPS ankle monitoring.
The victim has been incarcerated since July 22 on separate drug possession and family violence allegations. He pleaded guilty to the drug possession charge in September and is awaiting sentencing in December. Prosecutors have recommended three years of probation in that case.
McLennan County District Attorney Josh Tetens reportedly indicated that he would not oppose the requested release as long as the inmate is required to wear an ankle monitor.
The man’s family has also discussed pursuing legal action against McLennan County over the alleged failure to protect him.
Chief Deputy Jake Burson previously acknowledged the investigation and said officials would examine the allegations involving correctional staff. The sheriff’s office had not publicly responded to the attorney’s grievances as of the latest report.
The case raises troubling questions about the treatment of incarcerated individuals, particularly when allegations of staff misconduct may have contributed to violence. While incarceration restricts a person’s freedom, it does not eliminate their right to protection from sexual assault, appropriate medical care or humane treatment.
As of Oct. 17, no hearing date had been announced for the victim’s release motions. The investigation remains ongoing, and the three inmates charged are presumed innocent unless proven guilty in court.
