Couple arrested after stepfather accused of sexually assaulting stepdaughter

SMITH COUNTY – A Smith County couple has been arrested after a 9-year-old girl accused her stepfather of sexually assaulting her, according to our news partner KETK. The Smith County Sheriff’s Office became aware of the case on March 12 after a CPS worker reported a 9-year-old girl was reportedly being touched inappropriately by her stepfather, Damian Francisco.

The incidents were reported to have occurred in the family’s home in Tyler. The CPS worker was alerted to the case after the victim, records indicate, told teachers at her school that her stepfather had touched her inappropriately.

Following the report, the victim was taken to the Children’s Advocacy Center (CAC) where a forensic interview was conducted. The affidavit stated that the victim cried for the first portion of the interview and claimed that her mother told her that it was her fault they had to do the interview. The victim said the mother threatened she and her siblings may not see her again.

According to the affidavit, during the interview, the victim said she was being sexually abused by Francisco when she was at home during summer break. The victim also claimed that her mother pushed Francisco off of her and told him that if he wanted to stay in the house, he had to promise to never touch her kids again.

Investigators spoke with the victim’s mother in the parking lot of the CAC, where she said she believed they were there because a teacher reported they did not have food at home. Officials then revealed why they were there and she confirmed to have witnessed Francisco sexually assault her daughter in January 2025, according to an affidavit.

The victim’s mother reportedly admitted that Francisco was drunk during the incident and she gave more details about what Francisco was doing to the victim. She stated that following the incident she spoke with Francisco, demanding he never do that again and that he was no longer allowed to be alone with her children.

Francisco has been charged with aggravated sexual assault of a child. He is currently being held in Smith County Jail and his recommended bond is $500,000.00. The victim’s mother is also under custody after she was charged with abandonment and endangerment of a child.