District of New Mexico
Press releases recorded for this federal judicial district.
Las Cruces Man Sentenced to Sixty-Three Months for Unlawful Possession of Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Jesus Coronado, 33, of Las Cruces, N.M., was sentenced in Las Cruces federal court this afternoon to 63 months in prison for being a felon in possession of a firearm and ammunition. Coronado will be on supervised release for three years after he completes his prison sentence.
Coronado was arrested on April 26, 2013, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. Coronado subsequently was charged in a two-count indictment with unlawfully possessing a firearm and ammunition in Doña Ana County, N.M., on Oct. 26, 2011 and again on Dec. 14, 2012. At the time, Coronado was prohibited from possessing firearms or ammunition because he previously had been convicted of receiving and transferring stolen property in 2002; receiving stolen property in 2004 and 2008; attempting to commit residential burglary in 2010; and residential burglary in 2011, in the 3rd Judicial District Court for the State of New Mexico.On Jan. 21, 2014, Coronado pled guilty to both counts of the indictment and admitted that he unlawfully possessed a 12 gauge shotgun on Oct. 26, 2011, and a 9mm handgun on Dec. 14, 2012.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco and Firearms, and Explosives and the Doña Ana County Sheriff’s Office, with assistance from the 3rd Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Man Sentenced to Five Years in Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Lee Wayne Weathers, 41, of Las Cruces, N.M., was sentenced in federal court this morning to 60 months in federal prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Weathers was arrested on Nov. 13, 2013, on an indictment charging him with a methamphetamine trafficking offense. A heroin trafficking charge was added when the indictment was superseded in Jan. 2014. According to the superseding indictment, Weathers unlawfully possessed both methamphetamine and heroin with intent to distribute in Doña Ana County, N.M., on Oct. 24, 2013.
Weathers entered a guilty plea to the methamphetamine trafficking charge on Feb. 11, 2014, and admitted possessing six grams of pure methamphetamine on Oct. 24, 2013, in Doña Ana County. He also admitted that he intended to distribute the drugs for profit.
This case was investigated by the Las Cruces office of the FBI, from the Doña Ana County Sheriff’s Office and Doña Ana/Las Cruces Metro Narcotics Task Force. The case was prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.El Paso, Texas Man Sentenced for Federal Methamphetamine Trafficking Conviction Defendant Participated in Conspiracy to Sell Seven Pounds of Methamphetamine to Undercover DEA AgentsRead the Press Release
ALBUQUERQUE – Jose Alberto Hernandez, 28, of El Paso, TX, was sentenced this morning in federal court in Las Cruces, N.M., to 46 months in federal prison followed by two years of supervised release for his methamphetamine trafficking conviction.
Hernandez arrested on Aug. 7, 2013, on a criminal complaint charging him with participating in a conspiracy to distribute methamphetamine in Doña Ana County, N.M., in Aug. 2013. Subsequently, Hernandez and seven others were indicted and charged with conspiracy to distribute methamphetamine in Doña Ana County from May 2013 through Aug. 2013.
According to court filings, Hernandez met with undercover DEA agents in El Paso on Aug. 1, 2013, to deliver three pounds of methamphetamine after a co-conspirator in Guadalajara, Mexico, negotiated the deal with one of the undercover agents. During the course of the conspiracy, Hernandez and his co-conspirators sold an aggregate of seven pounds of methamphetamine to the undercover agents.
On Feb. 5, 2014, Hernandez pled guilty to a felony information charging him with participation in a methamphetamine conspiracy, and admitted agreeing with a coconspirator to sell three pounds of methamphetamine to the undercover agents in the parking lot of an apartment complex in El Paso.Two of Hernandez’s co-defendants, who reside in El Paso, also were arrested on Aug. 7, 2013. Fernando Perches, 31, pled guilty to the indictment on Jan. 14, 2014, while Gabriel Garcia-Moreno, 24, entered a similar guilty plea on Feb. 26, 2014. Both are detained pending sentencing hearings and each faces a term of not less than ten years in prison to a maximum of life imprisonment.
Co-defendant Sergio Omar Miranda, 25, a U.S. citizen who resides in Juarez, Chihuahua, Mexico, was arrested on Sept. 20, 2013. Miranda pled guilty on Feb. 14, 2014, to a felony information charging a methamphetamine trafficking conspiracy. He is detained pending sentencing when he faces a maximum penalty of 20 years in prison.
Co-defendant Jose R. Rodriguez-Fernandez, 22, of Canutillo, Texas, was arrested on Dec. 16, 2013. Rodriguez-Fernandez pled guilty on May 19, 2014, to a felony information charging him with participating in a methamphetamine trafficking conspiracy, and faces a maximum penalty of 20 years in prison when he is sentenced.
Co-defendant Evaristo Del Toro Von Ludwitz, 31, a Mexican national from Guadalajara, Mexico, was arrested on May 14, 2014, in McAllen, Texas, and transferred to New Mexico on June 11, 2014. He has pleaded not guilty to the charge in the indictment. Hector Zamora, a Mexican national from Guadalajara, Mexico, and Argelia Zavala-Torres, 30, of El Paso, have yet to be arrested and are considered fugitives. Charges in indictments are merely accusations and these defendants are presumed innocent unless proven guilty in a court of law.
This case was investigated by the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Colorado Man Pleads Guilty to Federal Cocaine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Daniel Enrique Padilla-Esparza, 36, of Thornton, Colo., pleaded guilty today in federal court in Las Cruces, N.M., to an indictment charging him with possession of more than five kilograms of cocaine with intent to distribute.
Padilla-Esparza was arrested on Sept. 13, 2013, on a criminal complaint after U.S. Border Patrol agents found more than 35 pounds (almost 16 kilograms) of cocaine in his vehicle during a traffic stop north of the U.S. Border Patrol checkpoint on Interstate 25 in Doña Ana County, N.M. The cocaine was discovered in a concealed compartment above the vehicle’s gas tank. Padilla-Esparza subsequently was indicted on the same charge.
On June 11, 2014, the court denied Padilla-Esparza’s motion to suppress the cocaine and other evidence seized from his vehicle. During today’s hearing, Padilla-Esparza entered a guilty plea to the indictment under a plea agreement that permits him to appeal from the order denying his motion to suppress the cocaine.
In entering his guilty plea, Padilla-Esparza admitted that on Sept. 13, 2013, while he was driving from El Paso, Texas, to Colorado on Interstate 25, he knew he had cocaine hidden in a secret compartment in his vehicle. Padilla-Esparza further admitted knowing that the drugs had been secreted in the compartment while he was in El Paso and Juarez, Mexico. Padilla-Esparza expected to be paid $4,000.00 form transporting the cocaine to Colorado.
Padilla-Esparza has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Padilla-Esparza faces a mandatory minimum of ten years in prison to a maximum of life imprisonment.
This case was investigated by the Las Cruces office of Homeland Security Investigations, U.S. Customs and Border Protection and the U.S. Border Patrol. Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Santostee Man Sentenced to Twenty-Seven Months for Assaulting Navajo TeenagerRead the Press Release
ALBUQUERQUE – Jayson Gustina, 24, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., was sentenced this morning to 27 months in federal prison followed by three years of supervised release for his assault conviction. Gustina also was order to pay $1,654.92 in restitution to cover the costs of medical care for the victim of his criminal conduct.
Gustina was arrested on Oct. 23, 2013, on a criminal complaint charging him with assault resulting in serious bodily injury and aggravated sexual abuse. On Jan. 19, 2013, Gustina was indicted and charged with assault resulting in serious bodily injury and abusive sexual contact. According to court filings, Gustina assaulted the victim, a 16-year-old Navajo girl, and attempted to rape her on Aug. 21, 2013, in Shiprock, N.M.
On March 17, 2014, Gustina admitted assaulting the victim on Aug. 21, 2013. He also acknowledged that the victim suffered severe bruising, swelling, and a fractured cheek bone as a result of the assault.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
The case was prosecuted as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Nenahnezad, N.M., Man Pleads Guilty to Federal Arson ChargeRead the Press Release
ALBUQUERQUE – Gregory Bitsilly, 28, an enrolled member of the Navajo Nation who resides in Nenahnezad, N.M., pleaded guilty this morning to an indictment charging him with arson under a plea agreement with the U.S. Attorney’s Office.
Bitsilly was arrested in March 2014, on a criminal complaint charging him with arson. He was indicted on that same charge in April 2014. According to court filings, Bitsilly set fire to the residence he shared with his wife and children on March 24, 2014, because his wife was attempting to leave him for being physically abusive. The residence and its contents were a total loss.
During today’s proceedings, Bitsilly admitted willfully and maliciously setting fire to the home he resided in with his wife and children on March 24, 2014.
Under the terms of his plea agreement, Bitsilly will be sentenced to a federal prison term within the range of 24 to 40 months followed by a term of supervised release to be determined by the court. Bitsilly has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock Division of the Navajo Nation Division of Public Safety and is being prosecuted by Special Assistant U.S. Attorney David Adams. It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Mescalero Apache Man Pleads Guilty to Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Julius Scott Mendez, 21, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty this morning to a misdemeanor information charging him with assault. The guilty plea was entered without the benefit of a plea agreement.
Mendez was arrested on Oct. 10, 2013, on a criminal complaint charging him with assault. According to court filings, Mendez assaulted the victim, another Mescalero Apache man in a location within the Mescalero Apache Reservation.
During today’s plea hearing, Mendez admitted to assaulting the victim in the early morning hours of Oct. 10, 2013, by kicking the victim in the face and chest. Mendez also acknowledged that, at the time of the assault, the victim was lying on the ground and unable to defend himself.
Mendez faces a maximum penalty of a year in prison when he is sentenced. His sentencing hearing has yet to be scheduled. Mendez was remanded into custody following entry of his guilty plea and will be held pending a detention hearing scheduled for June 30, 2014.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Grant County Man Sentenced to Prison for Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Javier J. Reyes, 20, of the Village of Santa Clara in Grant County, N.M., was sentenced today in federal court in Las Cruces, N.M., to 48 months in federal prison followed by three years of supervised release for the unlawful possession of an unregistered short-barreled rifle with an obliterated serial number and for receiving a firearm while under indictment.
Reyes and his co-defendant Gabriel Saiz, 21, of Silver City, N.M., were charged with possession of an unregistered firearm in a criminal complaint filed on March 1, 2013. The two subsequently were indicted and charged with possession of an unregistered short-barreled rifle, and possession of a firearm with an obliterated serial number. According to the indictment, Saiz and Reyes possessed a firearm made from a Mossberg .22 caliber rifle with a barrel length of less than 16 inches and an obliterated serial number on Nov. 27, 2012, in Grant County, N.M.
Court filings reflect that Reyes and Saiz were arrested on local charges by the Silver City Police Department on Nov. 27, 2012, in Silver City after they robbed a woman at gunpoint at approximately 7:30 p.m. that day and allegedly assaulted four individuals by brandishing a firearm at them approximately an hour later. The officers were able to apprehend Reyes and Saiz at approximately 9:00 p.m. that night because the victim of the armed robbery provided the license plate number for the vehicle in which Reyes and Saiz were driving. When the officers arrested the men, they observed a firearm on the floor board under the front passenger seat.
Reyes was released pending trial following his arrest. While on release, Reyes was arrested again on Oct. 25, 2013, on a criminal complaint charging him with receiving a firearm while under indictment. According to the complaint, Reyes was arrested on Oct. 4, 2013, on state charges at a dormitory of the Western New Mexico University campus by officers who responded to reports of a man with a gun. At the time of his arrest, Reyes had a firearm in the front waistband of his pants. Reyes has been in custody since this second arrest.
On Dec. 6, 2013, Reyes pled guilty to the indictment charging him with possession of the unregistered short-barreled rifle with the obliterated serial number. He also pled guilty to a felony information charging him with receiving a firearm while under indictment. The pleas were entered without the benefit of any plea agreement.
Saiz, Reyes’ co-defendant, pleaded guilty in Sept. 2013 to both counts of the indictment. He faces a maximum penalty of ten years in prison for possession of an unregistered firearms and a maximum penalty of five years in prison for possession of a firearm with an obliterated serial number. He remains detained pending his sentencing hearing, which has not been scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Silver City Police Department and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Edgewood Man Pleads Guilty to Violating Federal Wildlife Laws Prohibiting Sale of Eagle FeathersRead the Press Release
ALBUQUERQUE – Dale N. Smith, 60, of Edgewood, N.M., pleaded guilty this morning to violating the Migratory Bird Treaty Act by selling or offering to sell Bald Eagle feathers.
Smith was arrested on April 10, 2014, on a criminal complaint charging him with violating the Migratory Bird Treaty Act, the Lacey Act and the Bald and Golden Eagle Protection Act in March 2014, in Santa Fe County, N.M. Smith was indicted on May 7, 2014, and charged with three counts of violating the Migratory Bird Treaty Act and one count of violating the Lacey Act.
Smith, a member of the Lakota/Sioux Tribe of the Hunkpapa Band of Lakota, was charged as the result of an undercover investigation by the U.S. Fish and Wildlife Service that began on March 7, 2014, and concluded with Smith’s arrest on April 10, 2014. The investigation was initiated after the U.S. Fish and Wildlife Service received information that Smith had posted on an Internet website photographs of Indian arts and crafts which appeared to include federally protected feathers.
On March 7, 2014, an undercover agent contacted Smith and inquired about the feathers on one particular piece of art. Smith responded that the feathers were Bald Eagle feathers and offered to sell the artwork for $1,000. On March 20, 2014, Smith sold a feather fan containing Bald Eagle feathers and a medicine wheel containing Bald Eagle feathers to the undercover agent for $1,000. On March 20, 2014 and again on March 24, 2014, Smith offered to sell a headdress with bald eagle feathers to the undercover agent for $2,000.
Today, Smith pled guilty to one count of violating the Migratory Bird Treaty Act, and admitted selling a feather fan with Bald Eagle feathers to an undercover agent on March 20, 2014. In his plea agreement, Smith acknowledged that the Bald Eagle qualifies as a migratory bird and that he violated the Migratory Bird Treaty Act when he sold the Bald Eagle feather fan to the undercover agent.
At sentencing, Smith faces a maximum statutory penalty of two years in prison to be followed by a term of supervised release and a $250,000 fine. Smith remains on conditions of release pending his sentencing hearing, which has yet to be scheduled.
Bald Eagles are amongst more than 1000 wild birds protected under the federal wildlife laws, including the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, and the Lacey Act. Among other things, these laws prohibit the possession, use, and sale of the feathers or other parts of federally protected birds, as well as the unauthorized killing of these birds, to help ensure that the Eagle and other bird populations remain healthy and sustainable.
This case is being prosecuted by Assistant U.S. Attorney Paul H. Spiers and was investigated by the U.S. Fish and Wildlife Service, Office of Law Enforcement with assistance from the New Mexico Game and Fish Department, Homeland Security Investigations, the U. S. Marshals Service, and Santa Fe County Sheriff's Office.The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. It is both a leader and trusted partner in fish and wildlife conservation, known for its scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service. For more information on its work and the people who make it happen, visit www.fws.gov. Connect with its Facebook page at www.facebook.com/usfws, follow its tweets at www.twitter.com/usfwshq, watch its YouTube Channel at http://www.youtube.com/usfws and download photos from its Flickr page at http://www.flickr.com/photos/usfwshq.
Shiprock Man Sentenced to Federal Prison for Setting Fire to Former Girlfriend’s ResidenceRead the Press Release
ALBUQUERQUE – Dan Curtis Thompson, 33, of Shiprock, N.M., was sentenced today to 35 months in federal prison followed by five years of supervised release for his conviction on an arson charge. Thompson also was ordered to pay $57,415.02 to the Navajo Housing Authority to pay for damage caused by his criminal conduct. The sentence was announced by U.S. Attorney Damon P. Martinez and John Billison, Director of the Navajo Nation Division of Public Safety.
Thompson and his twin sister, Christina Thompson were arrested in Oct. 2013, on an indictment charging them with willfully and maliciously setting fire to an occupied rental unit at the Navajo Housing Authority in Ojo Amarillo, located on the Navajo Indian Reservation, on Jan. 9, 2013.
On Feb. 18, 2014, Thompson pled guilty to the indictment and admitted setting fire to his former girlfriend’s residence on Jan. 9, 2013. Thompson resided in the victim’s apartment until she ejected him after he had a “forceful physical interaction” with her. As Thompson’s resentment towards the victim grew, he began putting into place plans to burn her residence. Thompson’s sister drove Thompson to the victim’s residence on Jan. 9, 2013, where he shattered a window so he could unlock the door and enter the residence. Once inside, Thompson poured gasoline in the residence; after igniting the gasoline, Thompson fled from the residence with his sister’s assistance. Thompson admitted that he did not check to see if anyone was in the residence when he lit the fire, and that he burned the victim’s residence to retaliate against her.
Christina Thompson entered a guilty plea to the indictment on April 11, 2014, and admitted helping her brother set fire to the victim’s residence. Christina Thompson admitted driving her brother to the victim’s residence where he set the residence on fire. She also admitted helping her brother flee from the site of the arson. Christina Thompson was remanded into federal custody after entering her guilty plea and remains detained pending her sentencing hearing, which has yet to be scheduled.
This case was investigated by the Shiprock Division of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers. It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Mexican National Sentenced to Ten Years for Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Ernesto Garcia-Castro, 42, a Mexican national from Ayuquilia, Oaxaca, Mexico, illegally present in the United States, was sentenced this afternoon to ten years in federal prison for his heroin trafficking conviction. Garcia-Castro will be deported after he completes his prison sentence.
Garcia-Castro and his co-defendant Luis Arturo Plazola-Jara, 32, a Mexican national from La Palma, Nayarit, Mexico, were arrested on June 17, 2013, after law enforcement officers found more than four pounds of heroin and narcotics paraphernalia when they executed a search warrant at Garcia-Castro’s residence in southeast Albuquerque. The two subsequently were indicted and charged with conspiracy and possession of heroin with intent to distribute.
Garcia-Castro pled guilty to possession of heroin with intent to distribute on Feb. 18, 2014. Plazola-Jara entered a guilty plea to possession of heroin with intent to distribute on Feb. 6, 2014 and was sentenced to 37 months in federal prison. He will be deported after he completes his prison sentence.
This case was investigated by the Albuquerque office of the DEA and the Bernalillo County Sheriff’s Office and was prosecuted by Assistant U.S. Attorney William J. Pflugrath.
Former Postmaster of Capitan Post Office Pleads Guilty to Federal Embezzlement ChargeRead the Press Release
ALBUQUERQUE – Kristi K. Sepkowitz, 55, of Alto, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to a felony information charging her with embezzling money belonging to the United States. Sepkowitz was the Postmaster of the Capitan Post Office in Lincoln County, N.M., when she committed the offense to which she pled guilty.
In her plea agreement, Sepkowitz acknowledged that as Postmaster of the Capitan Post Office, she held a position of trust with respect to funds belonging to the U.S. Postal Service that came into her possession. Sepkowitz admitted that between Feb. 2012 and Dec. 2013, she betrayed that trust by engaging in an unlawful scheme pursuant to which she embezzled and converted funds, including cash and money orders, belonging to the U.S. Postal Service to her own use.
During the course of the scheme, Sepkowitz issued postal money orders to herself without making appropriate payment. She also took cash from daily postal deposits and used the cash for her own purposes. Sepkowitz attempted to pay back the postal funds she embezzled by writing checks on her personal bank account and depositing the checks with the daily postal deposits.
According to court filings, Sepkowitz embezzled and converted more than $450,000 in postal funds over the course of the scheme. She has fully repaid the U.S. Postal Service for the postal funds she embezzled and converted to her own use.
Under the terms of her plea agreement, Sepkowitz will be sentenced to three years of probation and required to pay a $1,000.00 fine. She remains on conditions of release pending her sentencing hearing, which has yet to be scheduled.
This case was investigated by the U.S. Postal Service, Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Brock E. Taylor, of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Sentenced to Twelve Years for Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Timothy Patrick Shanks, 39, of Albuquerque, N.M., was sentenced this morning to 144 months in federal prison followed by three years of supervised release for his conviction on firearms charges. The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Bernalillo County Sheriff Dan Houston.
Shanks was arrested on July 3, 2013, on a criminal complaint charging him with being a felon unlawfully in possession of a firearm. According to the criminal complaint, on June 24, 2013, the Bernalillo County Sheriff’s Office and ATF executed a search warrant at Shanks’ residence and recovered a firearm believed to have been used in the armed robbery of a Dollar General store located at 3211 Coors Blvd. SW on June 22, 2013. On July 25, 2013, Shanks was indicted and charged with being a felon in possession of a firearm, violating the Hobbs Act by committing an armed robbery of a business engaged in interstate commerce, and brandishing a firearm in relation to a crime of violence.
Thereafter, Shanks was charged in a superseding indictment with the following six crimes: (1) being a felon in possession of a firearm and ammunition on June 22, 2013, (2) violating the Hobbs Act by committing an armed robbery of a business engaged in interstate commerce on June 22, 2013, (3) brandishing a firearm in relation to a crime of violence, (4) distributing methamphetamine on May 9, 2013, (5) being a felon in possession of a firearm on May 21, 2013, and (6) being a felon in possession of a firearm on June 3, 2013. The superseding indictment alleged that all six offenses were committed in Bernalillo County, N.M.
On Feb. 19, 2014, Shanks pleaded guilty to Counts 3 and 5 of the superseding indictment charging him with brandishing a firearm during a crime of violence and being a felon in possession of a firearm. In his plea agreement, Shanks admitted brandishing a revolver when he robbed the Dollar General store on June 22, 2013. He also admitted possessing a 9 mm caliber rifle on May 21, 2013. Shanks acknowledged that he was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a controlled substance with intent to distribute, and of possession of a controlled substance.
This case was investigated by the Albuquerque office of ATF and the Bernalillo County Sheriff’s Office with assistance from the 2nd Judicial District Attorney’s Office. It was prosecuted by Assistant U.S. Attorney David M. Walsh as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Albuquerque Man Pleads Guilty to Participating in Crack Cocaine Trafficking ConspiracyRead the Press Release
ALBUQUERQUE – Sam Eylicio, Jr., 37, of Albuquerque, N.M., pleaded guilty this morning to participating in a cocaine base trafficking conspiracy. Under the terms of his plea agreement, Eylicio will be sentenced to 125 months in federal prison followed by four years of supervised release.
Eylicio was one of five men who were indicted in April 2013, on federal narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA led investigation into an organization that allegedly manufactured and distributed cocaine base, more commonly known as “crack” or “crack cocaine,” in Bernalillo and Santa Fe Counties, N.M.
The five-count indictment charged Eylicio, Gabriel Mirabal, 33, and Dominic Anaya, 33, of Albuquerque, and Michael Jaramillo, 24, and Robert Romero, 26, of Santa Fe, with conspiring to distribute crack cocaine in Bernalillo and Santa Fe Counties between May 2012 and April 2013. Jaramillo also was charged with distributing crack cocaine in Santa Fe in March 2012. Romero was charged with possession of crack cocaine with intent to distribute in Santa Fe in July 2012, and with using and carrying a firearm in furtherance of a drug trafficking crime. Mirabal was charged with possessing cocaine with intent to distribute in Albuquerque in Feb. 2013.
Today Eylicio pled guilty to the conspiracy count of the indictment and admitted purchasing ounce quantities of crack cocaine and cocaine from a co-conspirator and then selling the drugs to others for profit. As an example, Eylicio acknowledged negotiating the purchase of three ounces of crack cocaine and eleven ounces of cocaine from the co-conspirator on June 27, 2012. Eylicio remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
Jaramillo entered a guilty plea on March 21, 2014, to the conspiracy count and admitted purchasing crack cocaine from two of his co-defendants and then reselling it to others. Under the terms of his plea agreement, Jaramillo will be sentenced to 78 months in federal prison followed by four years of supervised release. He remains in custody pending his sentencing hearing which is scheduled for June 30, 2014.
Romero pled guilty to two drug trafficking charges and a firearms charge on May 13, 2014, under a plea agreement that requires him to be sentenced to ten years in federal prison followed by four years of supervised release. Romero admitted that on July 2012, he was stopped by law enforcement officers who searched Romero’s vehicle and found 11.1 grams of crack cocaine, which was packaged for resale, and a handgun Romero used for protection while distributing drugs. Romero remains in federal custody pending his sentencing hearing which is scheduled for Aug. 13, 2014.
Mirabal and Anaya have entered not guilty pleas to the indictment. If convicted of the drug trafficking charges against them, each faces a maximum penalty of not less than five years or more than 40 years in prison. They remain in custody pending trial. An indictment is merely an accusation, and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, with assistance from the 1st Judicial District Attorney’s Office for the State of New Mexico, and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.
The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and the Santa Fe County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program. HIDTA is a program of the White House Office of National Drug Control Policy that provides assistance to Federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States.
The investigation leading to the indictment, has been designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice initiative that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Additional Charges Filed as a Result of Federal Investigation into Drug Trafficking in Lea CountyRead the Press Release
ALBUQUERQUE – In May 2014, a federal grand jury returned an indictment charging six individuals with narcotics trafficking offenses as the result of a multi-agency federal investigation primarily targeting drug traffickers in Lea County, N.M. Three more indictments have been filed as a result of that investigation, announced U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division and Commander Byron Wester of the Lea County Drug Task Force (LCDTF).
The three indictments were filed on June 18, 2014. The first indictment charges the following six individuals with trafficking methamphetamine in Lea County: Leroy Castillo, 32, Joe Padilla, 33, and Roland Cantu, 38, of Hobbs, N.M., Mario Enrique Flores, 28, of Artesia, N.M., and Anthony Joe Pisana, 28, of Roswell, N.M. The second indictment charges Ruben Cantu, 41, of Hobbs, with violating the federal firearms laws. The third indictment charges Antonio Acosta, 30, also of Hobbs with trafficking methamphetamine in Lea County and being a felon in possession of a firearm.
Pisana was arrested Friday morning (June 20, 2014) during a law enforcement operation and made his initial appearances in federal court in Roswell today. During Friday’s law enforcement operation, officers also executed two search warrants at a residence in Roswell where they recovered approximately 2.25 pounds of methamphetamine and more than $9,000.00 in cash.
Roland Cantu, Ruben Cantu and Acosta are in state custody and will be transferred to federal custody to face the charges in the indictments. Castillo, Padilla and Flores have yet to be arrested and are considered fugitives. Individuals with information regarding the whereabouts of Castillo, Padilla or Flores are asked to call the FBI at 505-622-6001.
The six-defendant indictment includes a conspiracy count against all six defendants; two counts of possession of methamphetamine with intent to distribute; and four counts of using communication devices to facilitate drug trafficking crimes. If convicted on the charges in the indictment, each defendant faces a mandatory minimum of five years to a maximum of 40 years in prison.
Ruben Cantu faces two counts of being a felon in possession of firearms and ammunition for unlawfully possessing a firearm and ammunition in March 2014. At the time, Cantu was prohibited from possessing firearms or ammunition because he previously had been convicted of a marijuana trafficking charge. If convicted, Cantu faces a maximum penalty of ten years in prison.
Acosta is charged with two counts of possession of methamphetamine with intent to distribute and one count of being a felon in possession of a firearm and ammunition in March 2014. At the time, Acosta was prohibited from possessing firearms or ammunition because he previously had been convicted of forgery, possession of a controlled substance, and possession of methamphetamine. If convicted, Acosta faces a maximum of 20 years in prison on the narcotics charges and ten years on the firearms charge.
These cases are being prosecuted by the U.S. Attorney’s Las Cruces Branch Office. The investigation of these cases, which was led by the Las Cruces and Roswell offices of the FBI and LCDTF with assistance from the Las Cruces office of the DEA and New Mexico State Police, was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Jemez Pueblo Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Irving Shendo, 59, a member of the Jemez Pueblo, pleaded guilty this morning to a felony information charging him with aggravated sexual abuse of a child. Under the terms of his plea agreement, Shendo will be sentenced to eight years in federal prison followed by a term of supervised release to be determined by the court. Shendo also will be required to register as a sex offender.
Shendo was arrested in July 2013, based on a criminal complaint alleging that he engaged in a sexual act with a Jemez Pueblo child under the age of 12 years. According to court filings, Shendo sexually abused the child victim in August 2008 in a residence located on Jemez Pueblo, N.M., but his criminal conduct was first reported to law enforcement authorities in April 2013.
During today’s change of plea hearing, Shendo admitted that on Aug. 1, 2008, he engaged in a sexual act with the child victim. He further acknowledged committing the crime in Jemez Pueblo.
Shendo has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Jemez Pueblo Tribal Police Department and the Albuquerque Police Department. The case is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Shiprock Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Gilbert Yazzie, 45, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a felony information charging him with aggravated sexual abuse of a child. Under the terms of his plea agreement, Yazzie will be sentenced to eight years in federal prison followed by a term of supervised release to be determined by the court. Yazzie also will be required to register as a sex offender.
Yazzie was arrested in June 2013, based on a criminal complaint alleging that he engaged in a sexual act with a Navajo child under the age of 12 years. According to court filings, Yazzie sexually abused the child victim on June 15, 2013, in a residence in Shiprock, which is within the Navajo Indian Reservation. During today’s change of plea hearing, Yazzie admitted that on June 15, 2013, he engaged in a sexual act with the child victim.
Yazzie has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Glynette R. Carson McNabb as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Non-Indian Man from Chama Sentenced for Assaulting Jicarilla Apache WomanRead the Press Release
ALBUQUERQUE – Gabriel Armas, 30, was sentenced today to five years of probation for his misdemeanor assault conviction.
Armas, a non-Indian man from Chama, N.M., entered a guilty plea on March 17, 2014, to a misdemeanor information charging him with assault. According to the information, Armas threatened to physically harm a Jicarilla Apache woman on May 12, 2012, in a location within the Jicarilla Apache Nation. In entering his guilty plea, Armas admitted assaulting the victim by placing her in fear that she was in danger of an immediate battery.
This case was investigated by the Jicarilla Apache Tribal Police Department and was prosecuted by Special Assistant U.S. Attorney David Adams.
This case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Federal Grand Jury Indicts Former Texas State Judge on Bribery, Extortion and Wire Fraud ChargesRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in San Antonio, Texas, has indicted Angus Kelly McGinty, 50, a former Texas state district court judge in Bexar County, Texas, on bribery, extortion and wire fraud charges, announced Damon P. Martinez, U.S. Attorney for the District of New Mexico, and Christopher Combs, Special Agent in Charge of the FBI’s San Antonio Division.
The 15-count indictment, which was filed in the U.S. District Court for the Western District of Texas late yesterday afternoon, charges McGinty with one count of conspiracy to commit federal programs bribery, one count of federal programs bribery, one count of extortion under color of official right, and 12 counts of honest services wire fraud. At the time of the events underlying the charges in the indictment, McGinty was a state district court judge in the criminal division of the 144th Judicial District Court in Bexar County, Texas. The indictment generally alleges that between Jan. 2013 and Sept. 2013, McGinty solicited and accepted bribes from an attorney who appeared before him in exchange for favorable rulings for the attorney’s clients. McGinty resigned from the bench on Feb. 14, 2014.
In announcing the indictment, U.S. Attorney Damon P. Martinez said, “The outcome of criminal cases should be determined by the evidence and the law, not by paid-for bias. When citizens cannot have faith in the very people who are sworn to uphold the law, confidence in our judicial system is shaken. The Justice Department is committed to restoring that faith by rooting out corruption wherever it may be found.”“A fair and impartial criminal justice system is one of the cornerstones of our democracy,” said FBI Special Agent in Charge Christopher Combs. “Judges, in particular, are expected to protect the public’s trust in the fairness of the judicial system. Investigations such as the one leading to today’s indictment are crucial to deter corrupt officials influenced by greed from breaking their oath to uphold the rule of law. This case should serve as a strong warning to those who might consider similar alleged behavior. No one is above the law, and everyone is accountable for their misdeeds.”
According to the indictment’s conspiracy count, from Jan. 2013 through Sept. 2013, McGinty allegedly solicited and accepted bribes from Alberto Acevedo, Jr., an attorney in San Antonio, in exchange for favorable judicial rulings that benefited Acevedo and his clients. The indictment alleges that Acevedo’s bribes to McGinty included cash, car repairs, arranging the sale of McGinty’s vehicle, and registering a vehicle purchased by McGinty. In exchange, McGinty allegedly provided the favorable judicial rulings requested by Acevedo, including lenient sentences and less restrictive conditions of release for Acevedo’s clients. McGinty allegedly received gifts, payments and other things of value totaling more than $6,655 from Acevedo during the course of the conspiracy.
Count 2 of the indictment alleges that McGinty corruptly solicited and accepted bribes in the form of car repairs and services to vehicles from Acevedo in exchange for using his official position to benefit Acevedo and his clients. Count 3 alleges that McGinty acting under color of official right in extorting and obtaining property to which he was not entitled from Acevedo. Counts 4 through 15 charge McGinty with engaging in a scheme to defraud the State of Texas and Bexar County and their citizens of their right to his honest services by soliciting and accepting bribes from Acevedo in exchange for using his official position to benefit Acevedo and his clients. Each of the 12 counts alleges a specific wire communication by which McGinty allegedly perpetuated the fraudulent scheme.
If convicted on the charges in the indictment, McGinty faces a statutory maximum penalty of 20 years in federal prison and a $250,000 fine. The charges against McGinty are merely accusations and he is presumed innocent unless found guilty in a court of law.
Acevedo pled guilty on March 17, 2014, to a felony information charging him with bribery involving a program receiving federal funds. In entering his guilty plea, Acevedo admitted that he corruptly influenced a state court judge by giving him things of value. In his plea agreement, Acevedo admitted giving gifts, payments and other things of value totaling more than $6,655 to the state court judge in exchange for favorable judicial rulings that benefitted him and his clients. At sentencing, Acevedo faces a maximum statutory penalty of ten years in prison and a $250,000 fine. Acevedo is released on bond pending his sentencing hearing, which has yet to be scheduled.
U.S. Attorney Damon P. Martinez praised the investigative work of the San Antonio Division of the FBI, which he noted is ongoing. The prosecution of this case in federal court in San Antonio, Texas, is being handled by Special Attorneys Mark A. Saltman and Brock E. Taylor of the U.S. Attorney’s Office for the District of New Mexico. The U.S. Attorney’s Office for the Western District of Texas is recused.
- McGinty Indictment
Albuquerque Woman Sentenced to Prison for Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Daisy Alaniz, 28, of Albuquerque, N.M., was sentenced today to 27 months in federal prison followed by two years of supervised release for her bank robbery conviction.
Alaniz and her co-defendant, Anthony Paloni, 51, also of Albuquerque, were arrested on April 20, 2013, on bank robbery charges. Both have been in federal custody since that time.
According to court filings, Alaniz and Paloni robbed the Bank of the West branch located at 1422 Carlisle Blvd. NE in Albuquerque on the morning of April 20, 2013. On that day, Paloni drove Alaniz to the bank where Alaniz demanded that the tellers put currency into her duffle bag while holding her hand inside the front pocket of her jacket in a way that suggested that she might be holding a weapon. Paloni drove Alaniz away from the bank, and officers later located the pair at a truck stop in the vicinity of University Blvd NE and Menaul in Albuquerque. The officers were able to recover the money that Alaniz stole from the bank, most of which was in the duffle bag that Alaniz used during the robbery and the remainder was in Paloni’s possession.
Alaniz entered a guilty plea to a bank robbery charge on March 24, 2014, and admitted robbing the bank on April 20, 2013. In her plea agreement, she stated that she drew a beard and mustache on her fact to make herself look like a man before entering the bank.
Paloni plead guilty to a bank robbery charge in July 2013, and was sentenced to 30 months in federal prison followed by two years of supervised release in Oct. 2013.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorney Charles L. Barth.
Zuni Pueblo Man Sentenced to Seven Years in Prison for Brandishing a Firearm During a Crime of ViolenceRead the Press Release
ALBUQUERQUE – Shannon D. Concho, 36, a member of Zuni Pueblo, was sentenced this morning to seven years in federal prison followed by two years of supervised release for brandishing a firearm during a crime of violence, announced U.S. Attorney Damon P. Martinez and Chief Timothy Trimble of the Zuni Pueblo Tribal Police Department.
Concho was arrested in Oct. 2012, on an indictment charging him with three counts of assault with a dangerous weapon (a shotgun), being a felon in possession of a firearm, and brandishing a firearm during a crime of violence. Concho was charged with committing all five offenses on Oct. 2, 2011, within Zuni Pueblo. At the time, Concho was prohibited from possessing firearms or ammunition because he previously had been convicted of two felonies, involuntary manslaughter and aggravated assault.
On Feb. 27, 2014, Concho pled guilty to Count 5 of the indictment charging him with brandishing a firearm during a crime of violence. In his plea agreement, Concho admitted that on Oct. 2, 2011, he brandished a 12 gauge shotgun during and in furtherance of a crime of violence. Concho admitted assaulting two men by pointing the shotgun at one man’s head and pushing the muzzle of the shotgun into the second man.
This case was investigated by the Zuni Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Habitual Domestic Violence Offender Sentenced to Seventy Months for Assaulting Pregnant GirlfriendRead the Press Release
ALBUQUERQUE – Tayah Edwards, 41, was sentenced this morning to 70 months in federal prison followed by three years of supervised release for his conviction on assault charges. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Director John Billison of the Navajo Nation Division of Public Safety.
Edwards, an enrolled member of the Navajo Nation who resides in Cudei, N.M., was arrested in Aug. 2013, based on a criminal complaint alleging that he assaulted his domestic partner with dangerous weapons, including a stick, a knife and a rock. According to court filings, the assault occurred at a location within the Navajo Indian Reservation on Aug. 20, 2013. The victim, who was pregnant, sustained numerous injuries, including a compound fracture to her left leg, a large scalp laceration and multiple contusions, as a result of the assault.
On November 12, 2013, Edwards pled guilty to a felony information charging him with assault resulting in serious bodily injury and domestic assault by a habitual offender. Edwards admitted assaulting his intimate partner by striking her in the head and face numerous times and hitting her repeatedly with a stick and a rock. In his plea agreement, Edwards acknowledged that the victim, who was 35 weeks pregnant with the couple’s child at the time of the assault, sustained serious injuries as a result of the assault. Edwards also admitted that he previously has been convicted on at least two occasions for assaulting his spouse or intimate partner in Utah state courts.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. The case was prosecuted by Special Assistant U.S. Attorney David Adams pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project which is sponsored by the Justice Department’s Office on Violence Against Women, and seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Mexican National and Las Cruces Resident Plead Guilty to Trafficking Heroin in Dona Ana CountyRead the Press Release
ALBUQUERQUE – Jovita Belmonte-Gonzalez, 43, of Ciudad Juarez, Chihuahua, Mexico, entered guilty pleas today in federal court in Las Cruces, N.M., to heroin trafficking charges in four separate cases. One of her confederate, Nathan Andrew Maestas, 31, of Las Cruces, also pleaded guilty to heroin trafficking and firearms charges in one of the four cases.
Belmonte-Gonzalez, Maestas and 14 others were charged with heroin trafficking offenses in four indictments filed in Nov. 2013, as a result of a multi-agency investigation led by the FBI that targeted Belmonte-Gonzalez’s heroin trafficking activities in Doña Ana County, N.M. Belmonte-Gonzales was charged as the lead defendant in all four indictments which alleged that she supplied heroin to four drug trafficking organizations that were distributing heroin in Doña Ana County.
In entering her guilty pleas in the four cases, Belmonte Gonzalez admitted conducting frequent heroin transactions, including transactions involving hundreds of grams of heroin, with her co-defendants between June 2013 and Oct. 2013. According to the indictments, Belmonte-Gonzalez typically negotiated heroin sales by telephone from Juarez. Belmonte-Gonzalez’s co-defendants then traveled from Doña Ana County to Juarez where they purchased the heroin from her and returned to Doña Ana County where they distributed the drugs.At sentencing, Belmonte-Gonzales faces a mandatory minimum of ten years in prison and a maximum of life in prison. She has been in custody since her arrest on Nov. 15, 2013, and remains detained pending her sentencing hearing, which has yet to be scheduled. Belmonte-Gonzalez will be deported after she completes her prison sentence.
Maestas pled guilty to conspiracy to distribute heroin and to being a felon in possession of a firearm. Maestas admitted conspiring with Belmonte-Gonzalez and others to distribute heroin in Doña Ana County between June 4, 2013 and Oct. 27, 2013. He acknowledged that he negotiated three heroin transactions, involving an aggregate of 128 grams of heroin, from Belmonte-Gonzalez during this period and arranged to smuggle the heroin from Juarez into the United States. Maestas also admitted unlawfully possessing a firearm and ammunition on June 4, 2013. At the time, he was prohibited from possessing firearms or ammunition because he previously had been convicted of burglary and larceny.
Under the terms of his plea agreement, Maestas will be sentenced to 72 months in federal prison followed by a term of supervised release to be determined by the court. Maestas has been in federal custody since his arrest on Nov. 15, 2013. He remains detained pending his sentencing hearing, which has yet to be scheduled.
The remaining 14 defendants have entered not guilty pleas to the charges against them. They are presumed innocent unless found guilty in a court of law.
These cases are being prosecuted by Assistant U.S. Attorney E. Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office. The investigation leading to the charges in the four cases was led by the Las Cruces office of the FBI in collaboration with U.S. Customs and Border Protection, the U.S. Border Patrol, the Las Cruces office of the DEA, the U.S. Marshals Service, the Las Cruces Police Department and the Doña Ana County Sheriff’s Office.
The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Kirtland, N.M., Man Pleads Guilty to Federal Statutory Rape ChargeRead the Press Release
ALBUQUERQUE – Justin Chee, 24, a member of the Navajo Nation who resides in Kirtland, N.M., pleaded guilty this morning to an indictment charging him with statutory rape.
Chee was arrested in March 2014, based on a criminal complaint alleging that he engaged in a sexual act with a Jicarilla Apache child between the age of 12 and 16 years. Chee subsequently was indicted and charged with statutory rape. According to the indictment, Chee committed the offense in Aug. 2012, in a location within the Navajo Indian Reservation.
In his plea agreement, Chee admitted that on Aug. 30, 2012, when he was 22 years of age, he knowingly engaged in a sexual act with the 14-year-old victim.
Chee has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Chee faces a maximum statutory penalty of 15 years in federal prison. Chee also will be required to register as a sex offender.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety with assistance from the Jicarilla Apache Tribal Police Department and the San Juan Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Governor Martinez’s Former Campaign Manager Pleads Guilty to Computer Intrusion and False Statement ChargesRead the Press Release
ALBUQUERQUE – Jamie Estrada, 41, of Los Lunas, N.M., pleaded guilty this afternoon to the unlawful interception of electronic communications and false statement charges arising out of the unlawful interception of wire communications intended for others, including New Mexico Governor Susana Martinez and members of her staff.
In announcing Estrada’s guilty plea, U.S. Attorney Damon P. Martinez said, “Each and every one of us has a right and an expectation of privacy in our electronic communications, including our emails, and those who violate the law by diverting, stealing or otherwise misappropriating our private communications should face serious consequences. At a time when so much of our personal, professional and financial information is repeatedly transmitted on a daily basis by email and other wireless devices, the Department of Justice is committed to protecting Americans from those who seek to violate their privacy.”
“The right to privacy has been a cornerstone of our democracy since its founding and remains true today in our high-tech world. All Americans, regardless of the jobs or the positions they hold, deserve to have their emails and other computer transactions protected from criminals who would steal and exploit confidential information for unlawful purposes,” said Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI. “I thank the FBI special agents and professional staff who worked on this case, as well as the U.S. Attorney’s Office for their successful prosecution. While much has changed since our nation was established, one thing has not: Americans rely on their government to protect their rights, and that's a duty the FBI takes very seriously.”
Estrada was charged in a 14-count indictment filed in May 2013. The first 12 counts of the indictment alleged that, between July 2011 and June 2012, Estrada unlawfully intercepted wire communication intended for individuals who had email accounts on an internet domain owned by the Governor’s political organization. The final two counts charged Estrada with making false statements to the FBI in Sept. 2012, in which he denied taking certain actions to unlawfully intercept wire communications as charged in first 12 counts of the indictment. The indictment subsequently was superseded in Oct. 2013 and May 2014 to add two more false statement charges.
According to court filings, in summer 2009, Governor Martinez, who was then the District Attorney in Dona Ana County, N.M., began assembling a political campaign as she prepared to enter the Nov. 2010 gubernatorial race. In July 2009, a political supporter of the Governor registered an internet domain designated as susana2010.com (the Domain) for a two-year period through an online service. The supporter donated the Domain, including its username and password, to the Governor’s political organization. The username and password were required for making administrative changes to the Domain, including posting content to the Domain’s website and creating email accounts associated with the Domain. They also were required to renew the registration for the Domain, which was scheduled to expire on July 18, 2011. As the owner of the Domain, the Governor’s political organization had the exclusive right to renew the registration before it expired and during a 42-day grace period following the expiration date.
During the gubernatorial campaign, the Domain became an important tool for the Governor’s political organization. Members of the campaign staff, including the Governor, maintained email accounts on the Domain which they used to communicate with each other, the Governor’s political supporters, and the media. Estrada, who joined the Governor’s political organization as the campaign manager in July 2009, was provided with the username and password for the Domain. When Estrada left the campaign in Dec. 2009, the Governor requested that he cooperate in efforts to remove his access to and privileges regarding the campaign’s accounts.
After Governor Martinez was inaugurated in Jan. 2011, the Governor, members of her staff and others continued to use the email accounts associated with the Domain. In July 2011, individuals who had email accounts on the Domain began receiving reports that emails sent to those accounts were bouncing back to the senders and soon determined that the emails were not getting delivered because the Domain had expired. Their efforts to re-register the Domain were unsuccessful because they could not locate or recall the Domain’s username and password. In July 2011 and as part of their efforts to locate the username and password, the Governor’s staff asked Estrada to provide this information and he did not respond.
During today’s hearing, Estrada entered guilty pleas to Counts 6 and 16 of the second superseding indictment, charging him with unlawful interception of electronic communications and false statements, respectively. In his plea agreement, Estrada admitted that on July 29, 2011, he logged onto the Domain and altered the customer profile using a fictitious name with a Colorado address. Estrada also admitted renewing the Domain under the fictitious name and paid for the renewal with a pre-paid gift card so that the renewal could not be traced back to him.
According to the plea agreement, Estrada changed the settings for the Domain to direct all incoming email to an email account he controlled so that the emails were routed to him instead of the intended recipients. From July 2011 through June 2012, Estrada intercepted hundreds of email messages intended for recipients at the Domain, including the Governor. The intercepted emails included personal emails, internal political communications and emails from ordinary citizens to the Governor or her staff. In his plea agreement, Estrada admitted sharing the emails he unlawfully intercepted with the Governor’s political opponents to disseminate the emails to news media and other outlets.
Estrada admitted unlawfully intercepting an email dated Jan. 4, 2012, which was entitled “Confidential RGA [Republican Governors’ Association] Update” and was intended for the Governor, as charged in Count 6 of the second superseding indictment. In his plea agreement, he also acknowledged unlawfully intercepting the eleven other emails described in Counts 1 through 5 and 7 through 12 of the indictment.
Estrada also admitted making false statements to FBI agents on Sept. 19, 2012, when they executed a search warrant at his residence. Specifically, Estrada told the FBI agents that he had not paid for the renewal of the Domain using a pre-paid gift card as charged in Count 16 of the second superseding indictment. In his plea agreement, he also acknowledged making the false statements charged in Counts 13, 14 and 15 of the indictment.
Under the terms of the plea agreement, Estrada faces a sentence of zero to a year and a day in federal prison. The remaining components of Estrada’s sentence, including the length and conditions of his supervised release and any fine or restitution, will be determined by the court.
This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorneys Fred J. Federici and Jeremy Pena.
Shiprock Man Sentenced to Federal Prison for Assaulting a Tribal Police OfficerRead the Press Release
ALBUQUERQUE – Victor Tyler, 45, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this afternoon to 30 months followed by two years in federal prison for his assault conviction.
Tyler was arrested on Aug. 20, 2013, based on a criminal complaint charging him with assault with a dangerous weapon. Tyler subsequently was indicted and charged with that same charge and also with assaulting a federal officer with a dangerous weapon and inflicting bodily injury.
On Nov. 5, 2013, Tyler pleaded guilty to Count 1 of the indictment charging him with assault with a dangerous weapon. In his plea agreement, Tyler admitted that on Aug. 16, 2013, officers of the Navajo Nation Division of Public Safety came to his Shiprock residence in response to his wife’s call for assistance. At the time, Tyler had armed himself with two kitchen knives and locked himself into a bedroom. After two uniformed officers entered the residence, Tyler came out of the bedroom with the knives, ignored the officers’ repeated instructions that he drop the knives, and threw one of the knives at one of the officers. The knife struck the officer in the foot, causing injury to her foot.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney David Adams.
Navajo Man Sentenced to Federal Prison for Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Jeremiah Burns, 33, a member of the Navajo Nation who resides in Dulce, N.M., was sentenced this morning to 20 months in federal prison followed by two years of supervised release for his involuntary manslaughter conviction. Burns also was ordered to pay $2080.25 to cover funeral expenses for the victim of his criminal conduct.
Burns was arrested in Aug. 2013, based on an indictment charging him with killing a man on Oct. 22, 2011, while driving under the influence of alcohol within the Jicarilla Apache Indian Reservation.
On Jan. 3, 2014, Burns pled guilty to the indictment and admitted killing the victim while driving under the influence of alcohol and marijuana which rendered him incapable of exercising clear judgment and a steady hand in handling a vehicle. Burns acknowledged operating the vehicle without due caution and with a reckless disregard that imperiled the lives of others.
Burns was ordered to surrender himself by noon today to the U.S. Marshals Service to begin serving his prison sentence.
The case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Former Goodwill Employee Sentenced to Federal Prison for Making an Incendiary DeviceRead the Press Release
ALBUQUERQUE – Daniel Edward Aaron Morgan, 39, of Albuquerque, N.M., was sentenced this afternoon to a year and a day in federal prison followed by two years of supervised release for violating the federal firearms laws by unlawfully making an incendiary device. Morgan also was ordered to pay $2,319.56 in restitution to Goodwill Industries of New Mexico (Goodwill), the victim of his criminal conduct.
Morgan entered a guilty plea to a felony information charging him with unlawfully making an incendiary device on Nov. 6, 2013. In his plea agreement, Morgan admitted unlawfully making an incendiary device on Sept. 12, 2011. Morgan was remanded into federal custody after entering his guilty plea and has been in custody since that time.
Court filings reflect that at the time Morgan committed the crime for which he was sentenced, he was a manager at Goodwill store in Albuquerque. Morgan admitted embezzling money belonging to Goodwill which he was supposed to deposit at the night deposit box of a U.S. Bank branch in Albuquerque and using the money to gamble. In an effort to conceal his embezzlement activity, Morgan set the Goodwill bank deposit bag on fire before placing it in the night deposit box of the U.S. Bank with the expectation that the bag would burn and Goodwill would not be able to learn that he failed to make the bank deposit. Under federal law, Morgan’s actions constituted the manufacture of an incendiary device. The device, however, did not have enough oxygen and flammable material to set the bank on fire.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Louis E. Valencia.Alamogordo Woman Pleads Guilty to Conspiracy to Fraudulently Obtain Prescription DrugsRead the Press Release
ALBUQUERQUE – Connie Coble, 52, of Alamogordo, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to participating in a conspiracy to obtain prescription drugs by misrepresentation, fraud, forgery, deception and subterfuge by filling fraudulent prescriptions at retail pharmacies.
Coble and her co-defendant Sharon Carter, 57, also of Alamogordo, were charged in a 66-count indictment filed on March 19, 2014. Count 1 of the indictment charged both women with conspiracy to fraudulently obtain Hydrocodone, a prescription painkiller, by filling fraudulent prescriptions at retail pharmacies in Doña Ana and Otero Counties, N.M., between Aug. 10, 2013 and Sept. 30, 2013. Count 2 charged Carter alone with unlawfully distributing Hydrocodone between Dec. 2011 and Dec. 2013 in Otero County, and Counts 3 through 66 charged Carter alone with fraudulently obtaining Hydrocodone on dates between April 20, 2013 and Dec. 19, 2013.
Today Coble, who was arrested on March 21, 2014, pled guilty to Count 1 of the indictment, the sole charge against her, pursuant to a plea agreement with the U.S. Attorney’s Office. In her plea agreement, Coble admitted that between Aug. 10, 2013 and Sept. 30, 2013, she conspired with Carter to fill fraudulent prescriptions for Hydrocodone at various pharmacies in Doña Ana and Otero Counties. According to the plea agreement, Carter posed as a doctor and called in prescriptions for non-existent persons and Coble went with Carter to the pharmacies to pick up the Hydrocodone after the prescriptions had been filled.
At sentencing, Coble faces a statutory maximum penalty of four years in prison. She remains on conditions of release pending her sentencing hearing, which has yet to be scheduled.
Carter, who was arrested on Dec. 19, 2013, based on a criminal complaint, entered a guilty plea to all 66 counts of the indictment on April 30, 2014, without the benefit of any plea agreement. Carter has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled. At sentencing, Carter faces a statutory maximum penalty of ten years in prison.
This case was investigated by the Tactical Diversion Squad of the El Paso Division of the DEA with assistance from the New Mexico Board of Pharmacy, the Lincoln County Sheriff’s Office and the Alamogordo Department of Public Safety, and is being prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
Rio Arriba County Man Sentenced to Prison for Robbing Espanola Bank in September 2013Read the Press Release
ALBUQUERQUE – Stephen R. Gurule, 35, of Hernandez, N.M., was sentenced this afternoon to 41 months in federal prison followed by three years of supervised release for his bank robbery conviction. Gurule also was ordered to pay full restitution to the bank that was the victim of his crime.
Gurule was arrested on Oct. 3, 2013, on a criminal complaint charging him with robbing the Community Bank, located at 411 Carr Lane in Espanola, N.M., on Sept. 27, 2013. He subsequently was indicted on that same charge on Oct. 30, 2013.
According to court filings, the bank was robbed on the afternoon of Sept. 27, 2013, by a man who slid a note, written on the back of a check, to the teller. The note demanded money and made referenced to a “bomb.” After the teller complied with the demand, the bank robber fled from the bank with the cash. Before leaving the bank, the bank robber placed the bag he was carrying on the floor inside the bank. Several days later, Gurule turned himself into law enforcement and admitted committing the bank robbery.
Gurule entered a guilty plea to the indictment on Jan. 3, 2014.
This case was investigated by the Santa Fe office of the FBI and the Espanola Police Department and was prosecuted by Assistant U.S. Attorney David M. Walsh.Navajo Man from Thoreau Sentenced to Thirty-Five Months in Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Eddie Jones, Jr., III, 23, was sentenced this afternoon to 35 months in federal prison followed by three years of supervised release for his assault conviction. Together with his brother and co-defendant, Aldo Jones, 31, Eddie Jones also was ordered to pay $47,574.91 to the Indian Health Services to cover the costs of medical care for the victim of his criminal conduct.
Eddie Jones and Aldo Jones, both enrolled members of the Navajo Nation who reside in Thoreau, N.M., were arrested in Aug. 2013, on a criminal complaint charging them with assault charges arising out of an attack on a 21-year-old Navajo man in Crownpoint, N.M., on July 28, 2013. According to court filings, Aldo Jones and Eddie Jones assaulted the victim for failing to pay a $50 debt. Aldo Jones repeatedly stabbed the victim in the head, upper back and right hand with a screwdriver, and both he and Eddie Jones pummeled the victim with their fists. The victim sustained a life-threatening injury to his head where his skull was punctured. He also sustained stab wounds to his upper back and right hand and a broken nose.
Aldo Jones and Eddie Jones subsequently were charged in a four-count indictment with assault resulting in serious bodily injury and assault with a dangerous weapon arising from the assault on the 21-year-old victim. Aldo Jones also was charged with two assault charges arising out of an attack on a second victim on July 28, 2013, in Littlewater, N.M.
On Dec. 5, 2013, Eddie Jones entered a guilty plea to assaulting the first victim. In his plea agreement, Eddie Jones admitted beating the victim who also was stabbed by Aldo Jones.
The day before (Dec. 4, 2013), Aldo Jones pled guilty to two assault charges and admitted assaulting two victims on July 28, 2013. He admitted assaulting the first victim at approximately 5:00 p.m. by stabbing him with a screwdriver. Aldo Jones also admitted stabbing the second victim with a knife approximately two hours later when the second victim confronted him about stabbing his cousin, the first victim. Aldo Jones was sentenced on May 8, 2014, to 70 months in federal prison followed by three years of supervised release.
The case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Laguna Pueblo Man Sentenced to Federal Prison for Assaulting his Intimate PartnerRead the Press Release
ALBUQUERQUE – Miles J. Riley, 25, was sentenced this afternoon to 32 months in federal prison followed by three years of supervised release for his conviction for domestic assault by a habitual offender, announced U.S. Attorney Damon P. Martinez and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Riley, a member of the Pueblo of Laguna who resides in Mesita, N.M., was arrested on Nov. 29, 2013, based on a criminal complaint alleging that he assaulted his intimate partner, a Laguna Pueblo woman, by striking her on the face on Aug. 25, 2013. Riley subsequently was indicted and charged with domestic assault by a habitual offender based on his two prior domestic violence convictions in the Pueblo of Laguna Tribal Court.
On Feb. 3, 2014, Riley pled guilty to the indictment and admitted assaulting the victim, his intimate partner, by striking her in the face multiple times with a closed fist on Aug. 25, 2013, in a location within the Pueblo of Laguna. Court records reflect that Riley previously was convicted on domestic violence charges before the Pueblo of Laguna Tribal Court in 2012 and 2013.
This case was investigated by the Laguna/Acoma Agency of BIA’s Office of Justice Services and the Pueblo of Laguna Police Department and was prosecuted by Special Assistant U.S. Attorney David Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Taos Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Phillip Martinez, Jr., 59, a member and resident of Taos Pueblo, pleaded guilty this afternoon to a felony information charging him with assault resulting in serious bodily injury.
Martinez was arrested in Oct. 2013, on an indictment charging him with assault with a dangerous weapon. According to the indictment, Martinez assaulted another Taos Pueblo man with a stick in the Pueblo of Taos on April 29, 2013.
In entering his guilty plea, Martinez acknowledged that the victim suffered serious bodily injury as a result of the assault. Martinez faces a statutory maximum penalty of ten years in federal prison when he is sentenced. His sentencing hearing has yet to be scheduled.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Mexican National Pleads Guilty to Violating the Federal Firearms and Immigration LawsRead the Press Release
ALBUQUERQUE – Luis Anthony Tobanche, 34, a Mexican national illegally present in the United States, pleaded guilty this afternoon to violating the federal firearms and immigration laws.
Tobanche was arrested in March 2013, based on a criminal complaint charging him with being a felon in possession of a firearm. Tobanche was indicted in Aug. 2013 and charged with unlawfully possessing firearms and ammunition on March 5, 2013, and unlawful reentry by a previously deported alien. At the time, Tobanche was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated battery and assault with a deadly weapon, cocaine trafficking and heroin trafficking in 2006, and battery on a peace officer in 2010.
According to court filings, Tobanche unlawfully possessed firearms and ammunition on March 5, 2013, while on the grounds of the Sandia Casino on Sandia Pueblo, N.M. The Casino’s video surveillance cameras recorded a shooting episode in a parking garage during which Tobanche ran towards the elevators after being shot in the neck. Video-footage reveals that Tobanche pointed a firearm towards the vehicle from which the shot was fired. After the vehicle drove away, Tobanche entered the elevator and handed a silver handgun to another person. Deputies of the Bernalillo County Sheriff’s Office subsequently recovered the firearm from that person.
In entering his guilty plea, Tobanche admitted possessing a pistol, a shotgun and ammunition on March 5, 2013, despite his status as a convicted felon. Tobanche also admitted that he previously was deported from the United States in June 2010 and had not obtained authorization to reenter the United States.
Tobanche has been in federal custody since his arrest and remains detained pending sentencing, which has yet to be scheduled. At sentencing, Tobanche faces a statutory maximum penalty of ten years in prison.
This case was investigated by the Albuquerque office of the FBI, the Sandia Pueblo Tribal Police Department and the Bernalillo County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford. The case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Roswell Man Sentenced to Prison for Unlawful Possession of Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Theodore Olguin, 26, of Roswell, N.M., was sentenced in federal court in Las Cruces, N.M., to 60 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm.
Olguin was charged in May 2012, in a two-count indictment alleging that he unlawfully possessed a firearm and ammunition on Feb. 15, 2011 and on Feb. 23, 2011, in Eddy County, N.M. At the time, Olguin was prohibited from possessing firearms or ammunition because he previously had been convicted of burglary of a vehicle in the 5th Judicial District Court for the State of New Mexico. Olguin was arrested on Aug. 14, 2012, and has been in federal custody since that time.
On Jan. 15, 2013, Olguin entered a guilty plea to Count 2 of the indictment charging him with unlawfully possessing a firearm and ammunition on Feb. 23, 2011.
According to court filings, Olguin was arrested on local charges by the Artesia Police Department on Feb. 23, 2011, after officers recovered a loaded pistol from his vehicle following a traffic stop. Investigation revealed that the pistol, which had been reported stolen in Sept. 2010, and had been used to shoot at the residence of a Artesia police officer in Jan. 2011. The pistol also had been used to shoot at two vehicles parked in the driveway of an Artesia police officer’s residence on Feb. 15. 2011. Evidence presented during a court hearing indicated that Olguin fired the pistol on both occasions, and the court relied on this information in enhancing Olguin’s sentence by 14 months.
This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Mexico State Police and the Artesia Police Department and was prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Navajo Man from Chi-Chi-Tah, N.M., Sentenced to Federal Prison for Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Mark Patrick Eddy, 45, was sentenced this morning to a year and a day in federal prison followed by three years of supervised release for his assault conviction, announced U.S. Attorney Damon P. Martinez and Director John Billison of the Navajo Nation Division of Public Safety.
Eddy, an enrolled member of the Navajo Nation who resides in Chi-Chi-Tah, N.M., was arrested on Jan. 14, 2014, on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. Court filings reflect that Eddy assaulted his girlfriend, a Navajo woman, on June 21, 2013, at a residence located on the Navajo Indian Reservation, by kicking the victim in the head with his cowboy boots.
On Feb. 28, 2014, Eddy pleaded guilty to a felony information charging him with assault resulting in serious bodily injury. In entering his guilty plea, Eddy admitted assaulting his intimate partner by throwing her to the ground and kicking her in the head, causing a laceration that required medical attention.This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Special Assistant U.S. Attorney David Adams. The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Albuquerque Construction Company Owner Sentenced to Prison for Defrauding Federal Program for Service-Disabled VeteransRead the Press Release
ALBUQUERQUE – Max R. Tafoya, 64, the owner of an Albuquerque-area construction company, and his son-in-law, Tyler Cole, 41, of Los Ranchos de Albuquerque, N.M., were sentenced this afternoon for defrauding a federal program that sets aside federal contracts for businesses owned by service-disabled veterans.
Tafoya was sentenced to 57 months in federal prison to be followed by a year of supervised release while Cole was sentenced to a 37-month term of imprisonment followed by a year of release. Tafoya was ordered to pay $1,350,000, the proceeds fraudulently obtained as the result of the criminal activity, to the United States, with Cole being jointly liable for $500,000 of that amount.
“Today Max Tafoya and Tyler Cole were held accountable for abusing a program that seeks to fulfill our obligation to provide disabled veterans with benefits designed to ease the losses and disadvantages they have incurred as a consequence of disabilities they sustained while serving our country,” said U.S. Attorney Damon P. Martinez. “This prosecution is part of a nationwide effort to protect service-disabled veterans who own small businesses by tightening controls to prevent fraud and abuse.”
“Our agency remains committed to protecting the integrity of the programs that provide business opportunities to those who have struggled and sacrificed for our freedom. Today, individuals who seek to follow in the footsteps of Tafoya and Cole are on notice that justice will be served,” said Acting Inspector General of the VA, Richard J. Griffin.
Tafoya and Cole were charged in Feb. 2012, in an indictment alleging that the two men obtained almost $11 million in federal contracts by falsely claiming that Tafoya’s company, M.R. Tafoya Construction, Incorporated (Tafoya Construction), was qualified to participate in the U.S. Department of Veterans Affairs’ (VA) Service-Disabled Veteran Owned Small Business (SDVOSB) Program. A superseding indictment filed in March 2013, added charges of witness tampering and obstruction of justice against Tafoya.
The SDVOSB Program was established pursuant to the Veterans Entrepreneurship and Small Business Development Act of 1999, to achieve a government-wide goal to increase the number of government contracts awarded to small businesses owned and operated by service-disabled veterans. The Veterans Benefits, Health Care, and Information Technology Act of 2006 gave SDVOSBs the highest priority in contracting preferences for VA contracts awarded to small businesses. A small business must be both owned and controlled by one or more service-disabled veterans to qualify as an SDVOSB. Generally, a small business is owned and controlled by a service-disabled veteran when the veteran directly owns at least 51% of the business, holds the highest officer position in the business, and manages and administers the business’s day-to-day operations.
On Nov. 12, 2013, Tafoya and Cole each entered guilty pleas to Counts 1 and 2 of the superseding indictment charging them with conspiracy and committing a major fraud against the United States.
In entering his guilty plea, Tafoya admitted that between 2009 and 2010, Tafoya Construction was awarded five contracts valued at an aggregate amount of $10,984,189 that required the company to hold SDVOSB status. During that period, Tafoya, a veteran without any service-connected disability, owned 100% of Tafoya Construction stock. Tafoya admitted obtaining the lucrative contracts by paying his step-brother Andrew Castillo, a service-disabled veteran who works and resides in Florida, a $600 weekly fee to allow Tafoya Construction to use Castillo’s name and service-disabled status in its bids for SDVOSB contracts. Tafoya acknowledged asking Cole to complete certifications stating that Tafoya Construction was a SDVOSB and submit them to the VA so that Tafoya Construction could obtain SDVOSB contracts. Tafoya also admitted that he drew up a number of false documents designed to create the appearance that Castillo was the majority owner and controller of Tafoya Construction, when in fact he did not own or operate the company, and that Cole forged Castillo’s signature on the documents.
Tafoya also admitted that in Feb. 2011, he lied to a VA investigator to support the fraudulent claim that Tafoya Construction was a SDVOSB. Tafoya made the following false statements to the investigator: (1) that Castillo paid $100,000 to purchase 51% of Tafoya Construction; (2) that Castillo worked in Tafoya Construction’s Albuquerque office; (3) that Castillo was working at a VA construction site in Santa Fe that day; and (4) that Castillo personally signed the VA contracts and bonding paperwork on the SDVOSB contracts awarded to Tafoya Construction. Tafoya also admitted traveling to Florida later in Feb. 2011, to meet with Castillo for the purpose of creating fraudulent documents in an attempt to cover up their fraudulent scheme. Tafoya subsequently submitted these fraudulent documents to a federal grand jury in July 2011.
In his plea agreement, Cole admitted serving as manager of Tafoya Construction from 2008 to 2011, and participating in Tafoya’s illegal scheme to defraud the United States by falsely claiming that Tafoya Construction was a SDVOSB. Cole admitted to filling out and submitting certifications to the VA that falsely claimed that Tafoya Construction was owned by Castillo, a service-disabled veteran. Cole further admitted signing Castillo’s signature on bids and other paper work submitted to the VA and on documents created to make it appear that Castillo was the 51% owner of Tafoya Construction.
As a result of Tafoya’s and Cole’s fraudulent scheme, from 2009 to 2010, the VA awarded Tafoya Construction five contracts in the aggregate amount of $11,568,999 for work at the Fort Bliss National Cemetery, the Santa Fe National Cemetery, the Fort Logan National Cemetery, and the Jefferson Barracks National Cemetery.
Castillo entered a guilty plea in Oct. 2011, to a conspiracy charge. He remains on conditions of release pending his sentencing hearing, which is scheduled for June 19, 2014.
This case was investigated by the Office of Inspector General of the U.S. Department of Veterans Affairs and is being prosecuted by Assistant U.S. Attorneys C. Paige Messec and Tara C. Neda. Assistant U.S. Attorney Cynthia L. Weisman assisted with the forfeiture proceedings in this case.
Las Cruces Man Sentenced to Seventeen and a Half Years in Federal Prison for Child Porn and Firearms ConvictionsRead the Press Release
ALBUQUERQUE – Juan Lorenzo Barela, Jr., 40, of Las Cruces, N.M., was sentenced today in Las Cruces federal court in two separate criminal cases. Barela was sentenced to 210 months in federal prison followed by five years of supervised release for his conviction on child pornography charges. Barela also was sentenced to 120 months in prison followed by three years of supervised release in a separate case for being a felon in possession of a firearm. The sentences are to be served concurrently. Barela will be required to register as a sex offender after he completes his prison sentence.
Barela was arrested in Oct. 2010 based on two separate criminal complaints. The first complaint charged Barela with distributing, receiving and possessing visual depictions of minors engaged in sexually explicit conduct, and the second charged him with being a felon in possession of firearms and ammunition. Barela has been in federal custody since his arrest.
In Jan. 2011, Barela was indicted in the child pornography case and charged with distributing child pornography in July 2010 and with possessing child pornography in Sept. 2010. Also in Jan. 2011, Barela was indicted and charged with unlawfully possessing firearms and ammunition in Sept. 2010. At the time, Barela was prohibited from possessing firearms and ammunition because he previously had been convicted of residential burglary and larceny in 1997 and of embezzlement in 2003 in the 3rd Judicial District Court for the State of New Mexico.
According to court filings, in July 2010, law enforcement authorities initiated an investigation that revealed that an IP Address subscribed to Barela at his Las Cruces residence was being used to distribute and receive child pornography. On Sept. 14, 2010, Barela was interviewed by law enforcement officers while a search warrant was executed at his residence. During the interview, Barela admitted downloading and possessing child pornography. Forensic examinations of computers and computer-related media seized from Barela’s residence confirmed that they contained child pornography images and videos. During the execution of the search warrant, the officers also seized seven firearms and approximately 1227 rounds of ammunition.
In Aug. 2011, Barela pled guilty to being a felon in possession of firearms and ammunition. Immediately before he was sentenced today, Barela entered a guilty plea to the indictment in the child pornography case.
These two cases were investigated by the Las Cruces office of Homeland Security Investigations, the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Mexico State Police, the Las Cruces Police Department and the U.S. Marshals Service. The cases were prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico Interstate Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
John Charles Mccluskey Sentenced to Life in Prison for Carjacking and Murdering Oklahoma CoupleRead the Press Release
ALBUQUERQUE – John Charles McCluskey, 49, was sentenced this morning by U.S. District Judge Judith C. Herrera of the District of New Mexico to life imprisonment followed by a consecutive term of 2,820 months (235 years) in prison for carjacking and murdering a retired couple from Oklahoma in Aug. 2010. The sentence was announced by Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Damon P. Martinez of the District of New Mexico, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and New Mexico State Police Chief Pete N. Kassetas.
McCluskey and his co-defendants, Tracy Allen Province, 46, and Casslyn Mae Welch, 47, were charged with numerous capital offenses in an indictment arising out of the Aug. 2, 2010, carjacking and murders of Gary and Linda Haas, both 61, in Quay County, N.M. On Jan. 20, 2012, Province and Welch entered guilty pleas to numerous crimes arising out of the carjacking and murder of Mr. and Mrs. Haas, and agreed to testify during McCluskey’s capital trial. Yesterday, Province was sentenced to five consecutive terms of life imprisonment without the possibility of release as required by his plea agreement and Welch was sentenced to 40 years in prison.
On Oct. 7, 2013, McCluskey was found guilty on all counts of the indictment after an eight-week trial, and later was found eligible for the death penalty on Nov. 5, 2013, following a three-week proceeding. McCluskey’s capital trial concluded on Dec. 11, 2013, when the jury said it was unable to reach a unanimous verdict on the death penalty, thus requiring that McCluskey be sentenced to life in prison.
“With the help of his conspirators, John Charles McCluskey mercilessly killed two innocent victims and burned their bodies as he fled law enforcement after escaping from prison,” said Assistant Attorney General Caldwell. “Our thoughts are with those whose lives were changed forever by these heinous crimes.”
“Today’s sentencing hearing brings to a close a case that focused on an exceptionally violent episode in the summer of 2010, during which John Charles McCluskey and Tracy Allen Province escaped from prison with help from Casselyn Mae Welch, committed multiple kidnappings during their interstate flight from justice, and mercilessly killed two innocent victims to eliminate them as witnesses,” said U.S. Attorney Martinez. “While the sentences imposed on McCluskey and his co-conspirators cannot restore the loss of Gary and Linda Haas, I hope that the sentences will bring a measure of comfort and closure to their family and friends and I commend the prosecutors and investigators who worked tirelessly to seek justice for Gary and Linda Haas.”
The evidence presented during McCluskey’s capital trial established that, on July 30, 2010, McCluskey and Province escaped from an Arizona state prison with Welch’s aid. On Aug. 2, 2010, McCluskey, Province and Welch carjacked Mr. and Mrs. Haas and their pickup truck and camping trailer at a rest stop off Interstate 40 in Quay County. McCluskey shot and killed Mr. and Mrs. Haas in the trailer in a remote location east of Tucumcari, N.M. The three confederates then drove the Haases’ truck and trailer to a remote area in Guadalupe County, N.M., where they unhitched, burned and abandoned the trailer with the Haases’ remains still inside. On Aug. 4, 2010, the New Mexico State Police discovered the burned remains of Mr. and Mrs. Haas in the trailer. Province was arrested in Wyoming on Aug. 9, 2010, and McCluskey and Welch were arrested in Arizona on Aug. 19, 2010, following a nationwide, multi-agency manhunt.FBI Special Agent in Charge Carol K.O. Lee said, “The rationale behind violent crimes like the ones committed against the Haases may be hard to understand, but our message today is crystal clear: the FBI and its partners will vigorously investigate and prosecute those who show such a callous disregard for innocent lives. I am proud of the hard work of the FBI investigators and support personnel who worked on this case, alongside the federal prosecutors, victim/witness specialists, the New Mexico State Police, and U.S. Marshals Service.”
"The conviction of John McCluskey and subsequent sentence of life in prison, without the chance of parole, is one that will make the community safer for not only the citizens for which we serve but also for the law enforcement officers who are sworn to protect them. McCluskey was and is a criminal predator who has no respect for the basic rights and liberties that we as a society value so greatly. I can only hope that he is kept in a maximum level incarceration facility that will eliminate his ability to cause harm to anyone while he serves out his life sentence,” said New Mexico Police Chief Pete N. Kassetas. “I again want to thank the FBI, U.S. Attorney's Office and all the other New Mexico and Arizona law enforcement agencies that assisted with Haas murder investigation, capture and prosecution of McCluskey.”
The case was investigated by Albuquerque and Phoenix Divisions of the FBI and the New Mexico State Police and was prosecuted by Assistant U.S. Attorney Linda Mott and former Assistant U.S. Attorney Gregory J. Fouratt of the District of New Mexico, and Trial Attorney Michael S. Warbel of the Criminal Division’s Capital Case Section, with assistance from Kristopher N. Houghton, a contract attorney employed by the U.S. Attorney’s Office.
Mccluskey Co-Conspirators Sentenced for Participating in Plot to Carjack and Murder Oklahoma CoupleRead the Press Release
ALBUQUERQUE – Tracy Allen Province, 46, and Casslyn Mae Welch, 47, were sentenced today for participating in a plot to carjack and murder a retired couple from Oklahoma in Aug. 2010. U.S. District Judge Judith C. Herrera of the District of New Mexico sentenced Province to five consecutive terms of life imprisonment without the possibility of release as required by his plea agreement. Judge Herrera imposed a 40-year prison sentence on Welch, but delayed imposing judgment for two weeks to permit the parties to submit briefs on a related issue.
The sentences were announced by Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Damon P. Martinez of the District of New Mexico, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and New Mexico State Police Chief Pete N. Kassetas.
Province and Welch, and their co-defendant John Charles McCluskey, 49, were charged with numerous capital offenses in an indictment arising out of the Aug. 2, 2010, carjacking and murders of Gary and Linda Haas, both 61, in Quay County, N.M. On Jan. 20, 2012, Province and Welch entered guilty pleas to numerous crimes arising out of the carjacking and murder of Mr. and Mrs. Haas, and agreed to testify during McCluskey’s capital trial.
On Oct. 7, 2013, the jury found McCluskey guilty on all counts of the indictment after an eight-week trial, and found McCluskey eligible for the death penalty on Nov. 5, 2013, following a three-week proceeding. The McCluskey capital trial concluded on Dec. 11, 2013, when the jury said it was unable to reach a unanimous verdict on the death penalty, thus requiring that McCluskey be sentenced to life in prison. McCluskey’s sentencing hearing is scheduled for tomorrow.
The evidence presented during the capital trial established that, on July 30, 2010, McCluskey and Province escaped from an Arizona state prison with Welch’s aid. On Aug. 2, 2010, McCluskey, Province and Welch carjacked Mr. and Mrs. Haas and their pickup truck and camping trailer at a rest stop off Interstate 40 in Quay County. McCluskey shot and killed Mr. and Mrs. Haas in the trailer in a remote location east of Tucumcari, N.M. The three confederates then drove the Haases’ truck and trailer to a remote area in Guadalupe County, N.M., where they unhitched, burned and abandoned the trailer with the Haases’ remains still inside. On Aug. 4, 2010, the New Mexico State Police discovered the burned remains of Mr. and Mrs. Haas in the trailer. Province was arrested in Wyoming on Aug. 9, 2010, and McCluskey and Welch were arrested in Arizona on Aug. 19, 2010, following a nationwide, multi-agency manhunt.The case was investigated by Albuquerque and Phoenix Divisions of the FBI and the New Mexico State Police and was prosecuted by Assistant U.S. Attorney Linda Mott and former Assistant U.S. Attorney Gregory J. Fouratt of the District of New Mexico, and Trial Attorney Michael S. Warbel of the Criminal Division’s Capital Case Section, with assistance from Kristopher N. Houghton, a contract attorney employed by the U.S. Attorney’s Office.
Third Fugitive Extradited from El Salvador to the United States to Face Federal Robbery and Felony Murder Charges in New MexicoRead the Press Release
ALBUQUERQUE – Francisco Melgar-Cabrera, also known as Francisco Malgar-Cabrera, 30, a Salvadoran national, was extradited from El Salvador to the United States on Wednesday, May 21, 2014. Melgar-Cabrera was previously indicted by a District of New Mexico grand jury on Oct. 14, 2010, on multiple charges, including federal robbery and felony murder stemming from an armed robbery and murder in Albuquerque, N.M., in June 2009.
Damon P. Martinez, the Acting U.S. Attorney for the District of New Mexico, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Special Agent Carol K.O. Lee of the Albuquerque Division of the FBI, made the announcement.
Melgar-Cabrera, who is charged with multiple counts, including federal robbery and felony murder charges, faces a maximum penalty of life imprisonment if convicted. Melgar-Cabrera will make his initial appearance this morning in the U.S. District Court in Albuquerque and be arraigned on the charges against him.
Melgar-Cabrera and co-defendants Marvin Aguilar-Lopez and Pablo De Leon Ortiz, both Salvadoran nationals, were indicted in Oct. 2009, and charged with armed robbery, felony murder and firearms offenses. The nine-count indictment stemmed from the armed robbery of a Denny’s Restaurant located at 1602 Coors Blvd. NW in Albuquerque on June 20, 2009, and the murder of Stephanie Anderson, a cook at the restaurant.
In April 2010, a ten-count superseding indictment was filed adding Melgar-Cabrera’s brother, Jose “Tito” Humberto Melgar-Cabrera, also a Salvadoran national, as a defendant. Jose Melgar-Cabrera was charged as an accessory after the fact for assisting Melgar-Cabrera to avoid apprehension. A 14-count second superseding indictment, filed in Oct. 2010, added four new robbery and firearms offenses against Melgar-Cabrera, Aguilar-Lopez and De Leon Ortiz. The new charges arose out of the armed robbery of a Lone Star Steakhouse & Saloon located at 10019 Coors Blvd. NW in Albuquerque on June 13, 2009.
Aguilar-Lopez and De Leon Ortiz each have entered guilty pleas to armed robbery and felony murder charges. Aguilar-Lopez was sentenced to 40 years in prison and De Leon Ortiz was sentenced to a 35-year term of imprisonment. Jose Melgar-Cabrera pled guilty to being an accessory after the fact and is serving a 48-month term of imprisonment. Each of the three men will be deported after completing his term of incarceration.
Melgar-Cabrera fled to El Salvador where he was arrested on Sept. 14, 2013, by Salvadoran law enforcement authorities on a provisional arrest warrant for his extradition. He was apprehended by an elite Salvadoran investigative unit known as the Transnational Anti-Gang (TAG) Task Force. The TAG is composed of specially trained Salvadoran National Police investigators who work closely with the FBI on transnational investigations.
“The extradition of Francisco Melgar-Cabrera brings a fugitive to justice as we continue to enhance the federal law enforcement community’s partnership with El Salvador,” said Damon P. Martinez, the Acting U.S. Attorney for the District of New Mexico. “This extradition is an example of the United States’ continued efforts to work with our partners around the world to make sure criminals cannot find safe haven from justice.”
“I am extremely proud of the work of this office and our law enforcement partners. I would like to recognize the investigative efforts of ATF Special Agents who for years doggedly pursued Melgar-Cabrera for his alleged role in the 2009 murder of Stephanie Anderson. I hope his extradition back to face justice brings some peace to Stephanie’s family,” stated Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives. “ATF is committed to working with our law enforcement partners – at home and around the world – to take violent criminals off the streets and bring them to justice.”
“Justice, like the grief of a family who lost a young woman in the prime of her life, transcends international boundaries. The governments and law enforcement agencies of the United States and El Salvador proved that by working together to bring this suspect back home, where his long-awaited trial will hopefully give Stephanie Anderson's loved ones some closure” said Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI. “I want to recognize the work of the FBI Special Agents and other staff in this case, particularly FBI Legal Attaché in San Salvador, as well as the U.S. Department of State, U.S. Department of Justice Office of International Affairs, U.S. Attorney's Office, the FBI's Transnational Anti-Gang Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service, U.S. Immigration and Customs Enforcement, the Government of El Salvador, and the Albuquerque Police Department.”
The charges in the second superseding indictment against Melgar-Cabrera are merely accusations, and he is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.The criminal case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Albuquerque Division of the FBI and the Albuquerque Police Department. The case is being prosecuted by Assistant U.S. Attorneys Louis E. Valencia and Presiliano A. Torrez of the District of New Mexico.
The extradition of Melgar-Cabrera is the result of close cooperation between the ATF, FBI, the U.S. Marshals Service, U.S. Immigration and Customs Enforcement, and Salvadoran law enforcement authorities. The United States law enforcement partners involved in the investigation and prosecution of Melgar-Cabrera praised the outstanding efforts of the Salvadoran National Police for their assistance in bringing this fugitive to justice. The Acting U.S. Attorney, Damon P. Martinez, also thanked the ATF’s Country Attaché in El Salvador, the FBI’s Legal Attaché office in El Salvador, the Government of El Salvador, and the U.S. Department of Justice’s Office of International Affairs.
Shiprock Man Pleads Guilty to Federal Aggravated Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Vernon J. Atcitty, 28, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to an aggravated sexual assault charge. Under the terms of his plea agreement, Atcitty will be sentenced to eight years in federal prison followed by a term of supervised release to be determined by the court. Atcitty will be required to register as a sex offender after he completes his prison sentence.
Atcitty was arrested on Feb. 26, 2014, on a criminal complaint charging him with aggravated sexual abuse, and subsequently was indicted on that same charge on March 11, 2014. According to court filings, Atcitty sexually assaulted a Navajo woman on Feb. 22, 2014, in Shiprock, which is located within the Navajo Indian Reservation.
In entering his guilty plea, Atcitty admitted taking the victim to an abandoned house and refused to let her leave until he raped her. Atcitty admitted forcing the victim to succumb to his demands by punching and grabbing her and by telling her that he would not let her leave the abandoned house.
Atcitty has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety with assistance from the Farmington office of the FBI, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Mexican National Sentenced to Five Years for Marijuana Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jesus Agustin Gastelum-Carrasco, 29, a Mexican national from Nogales, Sonora, Mexico, who is illegally in the United States, was sentenced today in federal court in Las Cruces, N.M., for his marijuana trafficking conviction. Gastelum-Carrasco was sentenced to five years in federal prison. He will be deported after he completes his term of incarceration.
Gastelum-Carrasco is one of four defendants convicted based on an investigation by Homeland Security Investigations (HSI) that ensued after a New Mexico Department of Public Safety Motor Transportation Division officer found 527 kilograms (1163 pounds) of marijuana concealed in a commercial vehicle during a routine inspection at a checkpoint on Interstate 10 in Hidalgo County, N.M., on July 27, 2011.
According to court filings, the marijuana was found in a vehicle driven by Carl Francis Carter, 60, of Deptford, N.J. The investigation revealed that Gastelum-Carrasco helped load the marijuana bundles into Carter’s vehicle at a location near Tucson, Ariz., on July 26, 2011, with the understanding that Carter would be delivering the marijuana to the East Coast.
The investigation also revealed that Carter had been in communication with Gary Harris, 50, of Carle Place, N.Y., on the night of his arrest (July 27, 2011), and that Eric Harris, 46, of Albans, N.Y., had attempted to contact Carter the morning after his arrest. Court filings reflect that Gary Harris and Eric Harris traveled from New York to Phoenix, Ariz., on July 17, 2011, to facilitate the purchase of the marijuana and arrange its transport from Tucson, Ariz., to New York. Eric Harris and Gary Harris traveled back to New York on July 27, 2011, following Carter’s arrest.
Gastelum-Carrasco was arrested in Arizona on May 24, 2013, and transferred to New Mexico for prosecution on June 18, 2013. On Sept. 12, 201, he pled guilty to conspiracy to possess marijuana with intent to distribute. In entering his guilty plea, he admitted helping load the marijuana into Carter’s vehicle on July 26, 2011. He also acknowledged learning that Carter was arrested the following day in Hidalgo County when the 527 kilograms of marijuana were discovered in his vehicle.
Carter pled guilty to a marijuana trafficking charge on Jan. 31, 2012, and admitted knowingly possessing 527 kilograms of marijuana on July 27, 2011. Carter admitted knowing that the marijuana was concealed in his commercial vehicle and that he expected to be paid for delivering the marijuana for further distribution.
On Aug. 13, 2013, Eric Harris was arrested in New York City, N.Y., and Gary Harris was arrested in Carle Place, N.Y. The two men were later transferred to New Mexico to face the charges against them. Gary Harris pled guilty on March 5, 2014, and admitted ownership of 300 pounds of 527 kilograms of marijuana. He also admitted traveling with Eric Harris from New York to Arizona to facilitate the purchase and transportation of the marijuana from Arizona to New York. Gary Harris has agreed to forfeit $52,882.97 in drug proceeds which were seized from two bank accounts and a safe deposit box by HSI pursuant to seizure warrants. On March 7, 2014, Eric Harris entered a guilty plea and admitted conspiring with Gary Harris, Carter and others to distribute the 527 kilograms of marijuana found in Carter’s commercial vehicle.
Sentencing hearings for Carter, Eric Harris and Gary Harris have yet to be scheduled. At sentencing, each man faces a sentence of not less than five years and not more than 40 years in prison.
This case was investigated by the Deming office of HSI with assistance from the New Mexico Department of Public Safety Motor Transportation Division, and is being prosecuted by Supervisory Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
Mescalero Apache Man Sentenced to Eight and a Half Years in Federal Prison for Aggravated Sexual Abuse Conviction Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native WomenRead the Press Release
ALBUQUERQUE – Elroy Duffy, 51, was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to 103 months in prison for his aggravated sexual abuse conviction. Duffy will be on supervised release for five years after he completes his prison sentence. Duffy also will be required to register as a sex offender. The sentence was announced by Acting U.S. Attorney Damon P. Martinez and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Duffy, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was arrested in March 2013, on a criminal complaint charging him with forcing his girlfriend to engage in a sexual act on Oct. 14, 2012, in a location within the Mescalero Apache Reservation. Duffy has been in federal custody since his arrest.
On Aug. 21, 2013, Duffy entered a guilty plea to a felony information charging him with aggravated sexual abuse by force. In his plea agreement, Duffy admitted forcing the victim to engage in a sexual act on Oct. 14, 2012.
Prior to his arrest on the federal complaint, Duffy was arrested on related tribal charges on Oct. 18, 2012. Duffy subsequently entered a no contest plea to the tribal charges and was sentenced to 180 days in jail. He was transferred to federal custody after completing his tribal sentence.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office. The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Two Men Arraigned on Federal Charge for Aiming Laser Pointer at AircraftRead the Press Release
ALBUQUERQUE – Michael James Saavedra, 22, of Albuquerque, N.M., and Dylan James Demone, 23, of Rio Rancho, N.M., were arraigned today on an indictment charging them with unlawfully aiming a laser pointer at an aircraft. Both men entered not guilty pleas and were released on conditions of release pending trial.
The indictment, which was filed on May 7, 2014, alleges that on Aug. 21, 2013, Saavedra and Demone unlawfully and knowingly aimed the beam of a laser pointer at an Albuquerque Police Department helicopter that was in flight.
If convicted, Saavedra and Demone each face a maximum statutory penalty of five years in federal prison. The charge in the indictment is merely an accusation, and the defendants are presumed to be innocent unless found guilty in a court of law.
The case was investigated by the Albuquerque office of the FBI with assistance from the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Charles L. Barth.
This case was brought pursuant to a Laser Threat Awareness Pilot Program established by the FBI in collaboration with the Air Line Pilots Association International and the Federal Aviation Administration (FAA) to raise awareness of aircraft laser illumination threats. The pilot program was initiated on Feb. 11, 2014, in a dozen U.S. cities, including Albuquerque, that have reported numerous laser strikes, in order to educate the public about the risks posed to aviation safety when laser devises with beams of concentrated energy are pointed at aircraft. It also seeks to raise awareness about the FAA Modernization and Reform Act of 2012, which was signed into law on Feb. 12, 2012, and established a new criminal law that prohibits the aiming the beam of a laser pointer at an aircraft that is in flight.
Mexican National Sentenced to Ten Years for Conviction on Federal Drug Trafficking, Firearms and Immigration Charges and for Violating Supervised ReleaseRead the Press Release
ALBUQUERQUE – Yuren Aranda-Diaz, 38, a Mexican national illegally in the United States, was sentenced this morning to 111 months in federal prison for his conviction on drug trafficking, firearms charges and immigration charges. Aranda-Diaz also was sentenced to 18 months in prison, including 12 to be served consecutive to the 111-month prison term, for violating his supervised release on a prior federal conviction, for an aggregate prison sentence of 123 months. Aranda-Diaz will be deported after completing his prison sentence.
Aranda-Diaz was arrested in Oct. 2012, on a criminal complaint charging him with drug trafficking, firearms and immigration offenses after he sold heroin to an informant of the Albuquerque Police Department. Thereafter, Aranda-Diaz was indicted and charged with (1) being an alien in possession of a firearm; (2) being a felon in possession of a firearm; (3) possession of heroin with intent to distribute; (4) distribution of heroin; (5) using and carrying a firearm in relation to a drug trafficking crime; and (6) unlawful re-entry into the United States after previously having been deported.
According to court filings, in Oct. 2012, Aranda-Diaz was prohibited from possessing firearms because he was an alien illegally in the United States. He also was prohibited from possessing firearms because he previously had been convicted of the felony offenses of re-entry by a deported alien on two occasions, being a felon in possession of a firearm, and being an alien in possession of a firearm in the U.S. District Court for the District of New Mexico. He also previously had been convicted for possession of cocaine in the 2nd Judicial District Court for the State of New Mexico.
On the morning of July 24, 2013, Aranda-Diaz entered guilty pleas to Counts 1, 2 and 6 of the indictment, charging him with being an alien in possession of a firearm, being a felon in possession of a firearm, and unlawfully entering the United States. Immediately after entering his guilty pleas, Aranda-Diaz proceeded to trial on Counts 3, 4 and 5 of the indictment, charging him with possession of heroin with intent to distribute, distribution of heroin, and using a firearm in relation to a drug trafficking crime. On July 26, 2013, the jury returned a verdict finding Aranda-Diaz guilty on all three counts.
This case was investigated by the Albuquerque office of Homeland Security Investigations (HSI) and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorneys David M. Walsh and Novaline D. Wilson.
Aranda-Diaz was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Mescalero Apache Woman Sentenced to Twenty-Four Months in Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Tenya Lester-Gonzalez, 38, a member of the Mescalero Apache Nation, was sentenced yesterday in federal court in Las Cruces, N.M., to 24 months in federal prison followed by three years of supervised release for her assault conviction.
Lester-Gonzalez was charged with federal assault offenses in a criminal complaint filed on Sept. 18, 2012, and was arrested on Jan. 30, 2013, after she was transferred from tribal custody to federal custody. The criminal complaint alleged that Lester-Gonzalez assaulted her husband by striking him in the head with a hatchet on March 30, 2012, at their home in Mescalero, N.M., following an argument that escalated into a physical confrontation. The victim sustained a large cut about four inches long and a quarter inch wide on his face as a result of the assault.
On June 6, 2013, Lester-Gonzalez entered a guilty plea to a felony information charging her with assault with a dangerous weapon. In her plea agreement, Lester-Gonzalez admitted assaulting the victim with a hatchet on March 30, 2012, with the intention of causing him bodily harm.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan, of the U.S. Attorney’s Las Cruces Branch Office.
Mescalero Apache Man Sentenced to Thirty-Three Months for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Snyder Geronimo III, 23, a member of the Mescalero Apache Nation, was sentenced today in federal court in Las Cruces, N.M., to 33 months in federal prison followed by five years of supervised release for his child sexual abuse conviction. Geronimo will be required to register as a sex offender after he completes his prison sentence.
Geronimo was arrested in early April 2013, based on a criminal complaint alleging that he knowingly engaged in a sexual act with a child between 12 and 16 years of age. Geronimo subsequently was indicted and charged with sexually abusing of a minor from July 2012 through Oct. 22, 2012, in locations within the Mescalero Apache Reservation.
The BIA’s Office of Justice Services initiated an investigation into Geronimo on Oct. 23, 2012, after a motorist reported seeing an intoxicated 13-year old female (victim) in the company of an adult man. During questioning by officers, the victim admitted having engaged in sexual activity with Geronimo on multiple occasions. On Jan. 30, 2012, Geronimo was arrested on tribal charges arising out of his relationship with the victim. During questioning, Geronimo acknowledged having had a sexual relationship with the victim since July 2012. Geronimo also stated that he had been told that the victim was 13 or 14 years old.
On Jan. 27, 2014, Geronimo pled guilty to the indictment and admitted that he knowingly engaged in sexual acts with the victim, who was 13 years of age, from July 2012 through Oct. 2012. Geronimo also admitted that his criminal conduct occurred on the Mescalero Apache Reservation.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U .S. Attorney’s Las Cruces Branch Office.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Mescalero Apache Man Sentenced to Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Anthony John Shanta, 20, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced today to 18 months in federal prison followed by three years of supervised release for his assault conviction.
Shanta was arrested in Sept. 2012, on a criminal complaint alleging that he stabbed another Mescalero Apache man in the neck during an altercation on July 21, 2012, in a location within the Mescalero Apache Reservation. Shanta was indicted on March 5, 2013, and charged with assault with a dangerous weapon.
On Aug. 7, 2013, Shanta entered a guilty plea to the indictment. In his plea agreement, Shanta admitted assaulting the victim by stabbing him in the neck with a small pocket knife. Shanta stated that he assaulted the victim in anger because the victim was verbally taunting him.
Before his arrest on federal charges in this case, Shanta entered a guilty plea to tribal charges of assault and battery of the victim and to public intoxication in the Mescalero Tribal Court.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan, of the U.S. Attorney’s Las Cruces Branch Office.Anthony, N.M., Man Sentenced to Forty-Six Months for Unlawful Possession of a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Victor Manuel Carreon, 23, of Anthony, N.M., was sentenced in federal court in Las Cruces, N.M., this morning to 46 months in prison for his conviction for being a felon in possession of a firearm and ammunition. Carreon will be on supervised release for three years after he completes his term of incarceration.
Carreon and his brother Javier Orozco, 30, also of Anthony, were arrested on Sept. 5, 2013, based on a criminal complaint charging them with being felons in possession of firearms and ammunition. The two were subsequently indicted on these charges on Dec. 11, 2013. The indictment alleges that Carreon and Orozco unlawfully possessed firearms and ammunition in Doña Ana County, N.M., on June 19, 2013. At the time, the brothers were prohibited from possessing firearms or ammunition because they were convicted felons. Carreon previously had been convicted for possession of a controlled substance and aggravated fleeing from a law enforcement officer, and Orozco had been convicted for shooting at a motor vehicle and aggravated assault.
According to court filings, on June 19, 2013, Carreon and Orozco were arrested on state charges by Doña Ana County Sheriff’s deputies who were seeking to arrest Carreon on state warrants. The deputies detained Orozco in the vicinity of a truck parked outside a residence in Anthony, and arrested Carreon inside the residence. At the time of his arrest, Carreon was near a trash can that contained a loaded handgun; he admitted ownership of the handgun during a post-arrest interview. The deputies arrested Orozco after they allegedly found a large amount of cash and a plastic bag containing methamphetamine in Orozco’s pockets. During a search of the truck, which allegedly was driven primarily by Orozco, officers allegedly found additional currency and a loaded handgun.
On Jan. 7, 2014,Carreon pled guilty to Count 2 of the indictment charging him with being a felon in possession of a firearm and ammunition, and admitted that he unlawfully possessed a firearm and ammunition on June 19, 2013. Carreon entered his guilty plea without the benefit of a plea agreement.
On Feb. 11, 2014, Orozco entered a guilty plea and admitted possessing a 9 mm handgun on June 19, 2013. Orozco remains in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Orozco faces a maximum penalty of ten years in prison.
This case was investigated by the Las Cruces office of the FBI and the Doña Ana County Sheriff’s Office, with assistance from the 3rd Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.