District of New Mexico

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.

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.

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/.

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/.

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.

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 – 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.

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.

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.

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.

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/.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 – 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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/.

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.

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.

ALBUQUERQUE – Carlos Jesus Carrasco, 24, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.

Carlos Carrasco and his co-defendant and cousin, Bernabe Carrasco, 34, also of El Paso, were arrested on Dec. 20, 2013, and charged by criminal complaint with conspiracy and possession of methamphetamine with intent to distribute.  The two men subsequently were indicted on the same two charges.  According to the indictment, Carlos Carrasco and Bernabe Carrasco conspired to distribute methamphetamine on Dec. 19, 2013, and possessed methamphetamine with intent to distribute on Dec. 20, 2013.  The indictment alleges that the two men committed these offenses in Otero County, N.M.

During today’s proceedings, Carlos Carrasco pled guilty to the indictment.  In his plea agreement, Carlos Carrasco admitted possessing 2.07 kilograms of methamphetamine on Dec. 20, 2013, which he intended to distribute.  Carlos Carrasco further admitted boarding a bus in El Paso with two packages containing methamphetamine strapped to his body which he intended to deliver to Amarillo, Texas, in exchange for $1200. 

According to court filings, Carlos Carrasco and Bernabe Carrasco, who also allegedly had a package of methamphetamine strapped to his body, were apprehended by U.S. Border Patrol agents at the Border Patrol traffic checkpoint on U.S. Highway 54 near Alamogordo, N.M., during a routine immigration check of passengers.

Carlos Carrasco has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Carrasco faces a sentence of not less than ten years and not more than life in prison.

Bernabe Carrasco has entered a not guilty plea to the indictment and remains in federal custody pending trial.  If convicted, he also faces a sentence of not less than ten years and not more than life in prison.

ALBUQUERQUE – Jessie A. Hopper, Jr., 29, Jessie Hopper, Sr., 53, and Polly Hopper, 60, all of Deming, N.M., made their initial appearances this morning in federal court in Las Cruces, N.M., on a criminal complaint charging them with kidnapping and firearms charges.  The three defendants remain in custody pending preliminary hearings and detention hearings which are scheduled for May 21, 2014.

The criminal complaint charges the three defendants with kidnapping a woman and her two young children and transporting them in interstate commerce.  It also charges and Hopper, Jr., and Hopper, Sr., with brandishing a firearm during and in relation to a crime of violence.  According to the complaint, Hopper, Jr., and Hopper, Sr., allegedly kidnapped the victims in Hot Springs, Ark., on May 8, 2014, with the assistance of Polly Hopper.  Hopper, Jr., allegedly handcuffed the adult victim and brandished a firearm at her to force her to comply with his demands, including a demand that she telephone family members to assure them that she was voluntarily leaving Arkansas with Hopper, Jr. 

The criminal complaint alleges that on May 8 and 9, 2014, the three defendants drove the victims from Arkansas to the defendants’ residence in Deming.  It further alleges that on May 9 and 10, 2014, Hopper, Jr., and Hopper Sr., sexually assaulted the adult victim several times.  On May 9, 2014, Hopper, Jr., allegedly brandished a firearm at the victim to force her to submit to a sexual assault by Hopper, Sr.

The three defendants were arrested by the New Mexico State Police on state charges on May 10, 2014.   They remained in state custody until they were transferred to federal custody on May 16, 2014, to face the charges in this case.  The state charges, which are being pursued by the 6th Judicial District Attorney’s Office for the State of New Mexico, are still pending.

If convicted on the federal kidnapping charges, each defendant faces a statutory maximum penalty any term of years to life imprisonment.  If convicted on the firearms charges, Hopper, Jr., and Hopper, Sr., each face seven years in prison that must be served consecutive to any sentence imposed on the kidnapping charges. 

This case was investigated by the Las Cruces office of the FBI, the New Mexico State Police, and the Luna County Sheriff’s Office, with assistance from the 6th Judicial District Attorney’s Office for the State of New Mexico.  The FBI in Little Rock, Ark., the Garland County (Arkansas) Sheriff’s Office, and the U.S. Attorney’s Office for the Western District of Arkansas also assisted in the investigation.  The case is being prosecuted by Assistant U.S. Attorneys Randy M. Castellano and Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

The U.S. Attorney’s Office participated in a meeting today with Otero County officials and representatives of the U.S. Forest Service for the purpose of discussing jurisdictional disputes involving use of the Lincoln National Forest.  No resolution was reached during the meeting and the U.S. Attorney’s Office continues to monitor the situation in Otero County primarily to ensure that public safety is preserved.  To that end, the U.S. Attorney’s Office will make every effort to facilitate a dialogue between county officials and the Forest Service.

ALBUQUERQUE – Cornallsen Cortez, 32, an enrolled member of the Navajo Nation who resides in Navajo, N.M., was sentenced today to 63 months in federal prison followed by five years of supervised release for his abusive sexual contact conviction.  Cortez will be required to register as a sex offender when he completes his prison sentence. 

Cortez was arrested in March 2013, based on a criminal complaint alleging that he sexually abused a 12-year-old child in Nov. 2012, in a residence located on the Navajo Indian Reservation.  Cortez pled guilty on Jan. 16, 2014, to a felony information charging him with abusive sexual contact with a minor.  In entering his guilty plea, Cortez admitted that on Nov. 28, 2012, he sexually abused a 12-year-old child by touching the child inappropriately.

This case was investigated by the Albuquerque and Gallup offices of the FBI and the Window Rock, Ariz., office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.

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/.

ALBUQUERQUE – Rufus Juan Lester, 22, a member of the Mescalero Apache Nation, pleaded guilty this afternoon to federal assault charges arising out of a drive-by shooting of a home located on the Mescalero Apache Reservation.

Lester was arrested on Aug. 6, 2013, on a criminal complaint alleging that he fired multiple shots at a residence located on the Mescalero Apache Reservation in the early hours of Nov. 24, 2012.  Lester subsequently was indicted and charged with eight counts of assault with a dangerous weapon and one count of discharging firearms during and in relation to crimes of violence.

During today’s proceedings, Lester pled guilty to Counts 1 through 8 of the indictment charging him with assault with a dangerous weapon.  In his plea agreement, Lester admitted riding in the passenger seat of a vehicle while another person drove past a residence in Mescalero, N.M.  As the vehicle went past the residence, Lester used two rifles to shoot at the residence.  Lester acknowledged that the residence was occupied by two adults and six children at the time of the shooting, and that he assaulted each of the occupants when he shot at the residence.

Lester has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Lester faces a statutory maximum penalty of ten years in prison on each of the eight assault charges.

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.

ALBUQUERQUE – A federal jury returned a verdict today finding Tillman Naskia Begaye, 33, guilty on three counts of second degree murder after a five day trial, announced Acting U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Director John Billison of the Navajo Nation Division of Public Safety.

Begaye, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was arrested on July 22, 2013, on a criminal complaint charging three counts of second degree murder, and was indicted on the same charges on Aug. 7, 2013.  According to the indictment, Begaye killed a Navajo woman and two of her adult children on July 14, 2013, while driving under the influence of alcohol on the Navajo Indian Reservation.

Trial began on May 12, 2014, and concluded today when the jury returned a verdict of guilty on each of the three counts of the indictment.

The evidence at trial established that on July 14, 2013, officers of the Navajo Nation Division of Public Safety were called to the scene of a two vehicle crash on U.S. Highway 491 south of Newcomb, N.M., near Sheep Springs, N.M.  The officers’ investigation revealed that Begaye caused the crash by driving his full-sized pickup truck northbound on the southbound lane of the highway and crashing head on into a vehicle occupied by the three victims who died at the scene. 

The investigation revealed that Begaye was intoxicated at the time of the crash.  Begaye’s blood alcohol content (BAC) level was .18 when his blood was drawn when he was transported to a nearby hospital an hour after the crash.  The investigation also revealed that Begaye was driving northbound on a southbound lane of a four-lane highway at a speed of 75 per hour in a 65 mile per hour zone prior to impact.

Through a stipulation, the jury learned that Begaye had two prior DWI convictions.  According to the stipulation, Begaye was convicted on a driving under the influence charge in Oct. 2012, in the State of Colorado.  Begaye also was convicted on an aggravated driving while intoxicated charge in Jan. 2001, in the Municipal Court in the City of Farmington, N.M.

The jury deliberated approximately an hour and a half before returning its guilty verdict.

Begaye has been in federal custody since his arrest.  He remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Begaye faces a prison term of any term of years to life in prison on each of the three second degree murder charges.

This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI and is being prosecuted by Assistant U.S. Attorneys Presiliano A. Torrez and Louis E. Valencia.

ALBUQUERQUE – Jay Patrick Mount, 36, of Albuquerque, N.M., was sentenced today to ten years in federal prison for his bank robbery conviction.  Mount will be on supervised release for three years after completing his prison sentence.

Mount was arrested on Feb. 28, 2013, based on a criminal complaint alleging that he robbed the US Bank branch located at 1418 Carlisle Blvd. NE in Albuquerque on Feb. 25, 2013.  Mount subsequently was charged with bank robbery in an indictment filed on March 27, 2013.

On Feb 5, 2014, Mount entered a guilty plea to the indictment.  In his plea agreement, Mount admitted robbing the bank by presenting a demand note to a bank teller and taking money from the teller on Feb. 25, 2013.  Mount acknowledged that the demand note threatened to harm the bank teller.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney William J. Pflugrath.

ALBUQUERQUE – Robert Romero, 26, of Santa Fe, N.M., pleaded guilty today to federal narcotics trafficking and firearms charges.  Under the terms of his plea agreement, Romero will be sentenced to ten years in federal prison followed by four years of supervised release.

Romero 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 Santa Fe and Bernalillo Counties, N.M.

The five-count indictment charged Romero and his co-defendants, Gabriel Mirabal, 32, Dominic Anaya, 33, and Sam Elyicio, 37, of Albuquerque, and Michael Jaramillo, 24, of Santa Fe, with conspiring to distribute cocaine base 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 and Romero was charged with possession of crack cocaine with intent to distribute in Santa Fe in July 2012.  Romero also was charged with using and carrying a firearm in furtherance of a drug trafficking crime.  Mirabal also was charged with possessing cocaine with intent to distribute in Albuquerque in Feb. 2013.  Mirabal, Jaramillo and Elyicio were arrested in April 2013, while Romero and Anaya were transferred from state custody to federal custody in July 2013.

Today Romero pled guilty to Counts 1, 3 and 4 of the indictment charging him with conspiracy to distribute crack cocaine, possession of crack cocaine with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime, respectively.  According to the plea agreement, Romero conspired with his co-defendants to distribute more than 280 grams of crack cocaine.  On July 2012, Romero was stopped by law enforcement officers who found 11.1 grams of crack cocaine in Romero’s vehicle, 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 has yet to be scheduled.

Co-defendant Jaramillo entered a guilty plea on March 21, 2014, to Count 1 of the indictment charging him with conspiracy to distribute crack cocaine.  According to his plea agreement, Jaramillo purchased crack cocaine from co-defendants Mirabal and Anaya and then resold it 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.

Mirabal, Anaya and Elyicio 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.

ALBUQUERQUE – Louie Valdez, 51, was sentenced this morning to 27 months in federal prison for his assault conviction.  Valdez will be on supervised release for three years after he completes his prison sentence.  He also was ordered to pay a fine of $1,547 and a special penalty assessment of $100.

Valdez, a member of Isleta Pueblo who resides in Bosque Farms, N.M., was indicted in Nov. 2012, and charged with assault resulting in serious bodily injury and assault with a dangerous weapon.  According to the indictment, Valdez seriously injured a man by running over him with a vehicle on Aug. 10, 2011, in a location within Isleta Pueblo. 

On Jan. 17, 2014, Valdez pled guilty to Count 1 of the indictment charging him with assault resulting in serious bodily injury.  In his plea agreement, Valdez admitted that on Aug. 10, 2011, he intentionally drove his pickup truck over the victim and the victim suffered serious injuries as a result of the assault.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services with assistance from the Isleta Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Lesa Howard, 52, of Albuquerque, N.M., pleaded guilty today to federal wire fraud and aggregated identity theft charges under a plea agreement with the U.S. Attorney’s Office. 

Howard was arrested on Aug. 7, 2013, on a seven-count indictment charging her with two counts of wire fraud, one count of mail fraud, three counts of aggravated identity theft and one count of bank fraud.  The indictment alleged that Howard committed these crimes in Bernalillo and Valencia Counties between July 2007 and July 2009. 

According to the indictment, in July 2007, Howard unlawfully orchestrated the straw purchase of a house in Los Lunas, N.M., which she occupied for several years.  When the mortgage holder began to foreclose on the straw purchaser in Aug. 2008, Howard unlawfully orchestrated the sale of the house to a second straw purchaser, who was living in the house with her, and unlawfully pocketed proceeds due to the original straw purchaser.

During today’s proceedings, Howard pled guilty to Counts 1 and 4 of the indictment charging her with wire fraud and aggravated identity theft, respectively.  In her plea agreement, Howard admitted executing a scheme in Aug. 2008, to fraudulently induce a mortgage company to extend a $417,000 home loan for the purchase of a house in Los Lunas.  She further admitted using the personal identifiers of another person, without authorization, to obtain the loan.  Howard falsely represented that the homeowner had agreed to the sale of the house even though the homeowner had not agreed to the transaction.  Although Howard represented that she would deliver the proceeds of the transaction to the homeowner, Howard arranged for $96,471 in proceeds to be wired into a bank account she controlled.

At sentencing, Howard faces a statutory maximum penalty of 30 years in prison on the wire fraud charge.  Howard also faces a mandatory two years in prison on the identity theft charge which must be served consecutive to any prison sentence imposed on the wire fraud charge.  Howard remains on conditions of release pending her sentencing hearing, which has yet to be scheduled.

Under the terms of the plea agreement, the court will impose a money judgment against Howard in the amount of approximately $291,132, which represents part of the net profit Howard derived as a result of her criminal conduct.  Howard also will be required to forfeit any interest she has in the Los Lunas house. 

This case was investigated by Albuquerque office of Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Jeremy Pena.  The forfeiture proceedings are being handled by Assistant U.S. Attorney Stephen R. Kotz.

ALBUQUERQUE – Andre Lewis, 33, of Santa Fe, N.M., made his initial appearance in federal court in Albuquerque, N.M., this morning on an indictment charging him with federal tax offenses, announced Acting U.S. Attorney Damon P. Martinez and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation. 

Lewis was arrested without incident by the IRS yesterday afternoon.  He remains in custody pending his arraignment hearing and a detention hearing, both of which are scheduled on May 12, 2014.

Lewis is charged in an eleven-count indictment that was filed on April 23, 2014.  Count 1 of the indictment charges Lewis with conspiracy to defraud the IRS.  Count 2 charges him with making a materially false statement to a federal officer.  Counts 3 through 11 charge Lewis with preparing and aiding and abetting the preparation and filing of false tax returns.  Lewis allegedly committed the offenses between Feb. 2009 and Aug. 2009 in Bernalillo, County, N.M.

According to Count 1 of the indictment, from Feb. to July 2009, Lewis conspired with others to defraud the IRS by preparing and filing fraudulent claims for tax refunds.  Lewis and his co-conspirators allegedly perpetuated the scheme by obtaining the names, identifiers and W-2 Forms for federal taxpayers, and using that information to electronically file federal income tax returns included either false claims for the First Time Home Buyer Credit or false withholding information.  Lewis and his conspirators allegedly obtained tax refunds to which they were not entitled from the IRS. 

Counts 3 through 11 of the indictment identify nine separate instances in which Lewis allegedly filed or assisted in the filing of false federal tax returns that sought an aggregate of $97,803.00 in tax refunds.  Based on those allegedly fraudulent filings, the IRS deposited an aggregate of $95,058.12 into bank accounts identified in the false tax returns, including five deposits made into Lewis’s bank accounts.

Count 2 of the indictment alleges that on Aug. 13, 2009, Lewis knowingly made a materially false statement to a Special Agent of the IRS.  Lewis allegedly told the agent that he did not have an email address bearing his name knowing that his representation was false because he allegedly had used the email address to electronically file false federal income tax returns.

If convicted, Lewis faces a statutory maximum penalty of five years on each of Counts 1 and 2 of the indictment and a statutory maximum penalty of three years on each of Counts 3 through 11 of the indictment.  Charges in indictments are merely accusations.  Defendants are presumed innocent unless found guilty.   

This case was investigated by IRS Criminal Investigation in Albuquerque and is being prosecuted by Assistant U.S. Attorney Cynthia L. Weisman.

• Lewis Indictment

ALBUQUERQUE – Aldo Jones, 31, an enrolled member of the Navajo Nation who resides in Thoreau, N.M., was sentenced this afternoon to 70 months in federal prison followed by three years of supervised release for his conviction on two assault charges.  Jones also was ordered to pay $47,574.91 to the Indian Health Services to cover the costs of medical care for the victims and $80.00 to one of the two victims.

Aldo Jones and his brother Eddie Jones, Jr., III, 23, also of Thoreau, were arrested in early Aug. 2013, based 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. 4, 2013, Aldo Jones pled guilty to two assault charges and admitted assaulting the 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. 

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.  At sentencing, Eddie Jones faces a maximum penalty of ten years in prison for each assault charge.  He remains in custody pending his sentencing hearing, which has yet to be scheduled.

The case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – A federal grand jury has returned an indictment charging six men with narcotics trafficking offenses, announced Acting U.S. Attorney Damon P. Martinez, 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 seven-count indictment, which was filed yesterday, charges Leroy Castillo, 32, Sergio Garza, 35, and Joe Padilla, 32, of Hobbs, N.M., Ruben Estrada, 32, and Richard Armijo-Romero, 22, of Las Vegas, N.M., and Charlie Gutierrez, 34, of Albuquerque, N.M., with violating the federal narcotics laws.  Four of the defendants, Estrada, Garza, Armijo-Romero and Gutierrez were arrested on May 1, 2014, based on a criminal complaint.  Castillo and Padilla have yet to be arrested and are considered fugitives.  Individuals with information regarding the whereabouts of Castillo and Padilla are asked to call the FBI at 505-622-6001.

Estrada, Garza, Armijo-Romero and Gutierrez were arraigned this morning on the indictment in federal court in Las Cruces, N.M., and each entered a not guilty plea.  Estrada and Garza were ordered detained pending trial during detention hearings held this morning.  Armijo-Romero and Gutierrez remain in custody pending detention hearings scheduled for May 13, 2014.
 
The indictment in this case is the result of an investigation primarily targeting a drug trafficking organization operating in Lea County, N.M., that allegedly was led by Castillo.  The investigation was led by the FBI and LCDTF with assistance from the DEA and New Mexico State Police.  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.

Count 1 of the indictment alleges that between April 28, 2014 and May 1, 2014, the six defendants conspired to possess cocaine with the intention of distributing the drugs in Lea County and elsewhere.  Count 2 alleges that the six defendants possessed cocaine with intent to distribute on May 1, 2014, in Bernalillo County, N.M.  Counts 3 and 4 allege that Castillo possessed cocaine and heroin with intent to distribute on May 1, 2014, in Lea County.  Counts 5 and 6 allege that Garza possessed cocaine and heroin with intent to distribute in Lea County on May 1, 2014.  Count 7 charges Garza with using and carrying a firearm in relation to and in furtherance of drug trafficking crimes in Lea County on May 1, 2014.

According to court filings, on April 28 and 29, 2014, the defendants made plans to pool their money to purchase narcotics from a source of supply in Phoenix, Arizona.  On April 30, 2014, Estrada traveled to Phoenix allegedly to purchase narcotics.  On May 1, 2014, Estrada, Armijo-Romero and Gutierrez traveled from Phoenix to Albuquerque in two vehicles.  The three men were stopped by law enforcement officers on Interstate 40 west of Albuquerque and were arrested after the officers found approximately 8.5 kilograms of cocaine in the vehicle Armijo-Romero was driving.  Garza was arrested in Hobbs later that day.

Following the arrests of Estrada, Armijo-Romero and Gutierrez, officers executed federal search warrants for six residences in Hobbs.  The officers allegedly recovered 23 firearms, 1.6 kilograms of heroin, more than half a kilogram of methamphetamine and an additional 4.1 kilograms of cocaine, for a total of approximately 12.6 kilograms of cocaine.

If convicted on Counts 1 and 2 of the indictment, each of the six defendants faces a mandatory minimum ten years in prison and a maximum of life in prison.  Castillo faces a similar sentence if convicted on Count 4.  Castillo faces a mandatory minimum of five years to a maximum of 40 years in prison if convicted on Count 3, and Garza faces a similar sentence if convicted on Counts 5 and 6.  Garza faces a five-year mandatory minimum prison sentence that must be served consecutive to any other sentence imposed if he is convicted on Count 7.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Roswell and Las Cruces offices of the FBI and the LCDTF, with assistance from the Las Cruces office of the DEA, the New Mexico State Police and the Phoenix Police Department.  The case is being prosecuted by the U.S. Attorney’s Las Cruces Branch Office.

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.

• Castillo Indictment

• Castillo, Joe Photo

• Castillo, Leroy Photo