District of New Mexico
Press releases recorded for this federal judicial district.
Albuquerque Man Charged with Federal Hate Crime Related to Anti-Semitic Threats Against BusinesswomanRead the Press Release
ALBUQUERQUE – The Department of Justice announced that this morning John W. Ng, 58, of Albuquerque, N.M., made his initial appearance in federal court on a criminal complaint charging him with a hate crime offense related to anti-Semitic threats made against a Jewish woman who owns and operates the Nosh Jewish Delicatessen & Bakery in Albuquerque.
Ng was arrested by the FBI on March 7, 2014, based on a criminal complaint alleging that he interfered with the victim’s federally protected rights by threatening the victim and interfering with her business because of her religion. According to the criminal complaint between Jan. 22, 2014 and Feb. 8, 2014, Ng allegedly posted threatening anti-Semitic notes on and in the vicinity of the victim’s business.
A criminal complaint merely establishes probable cause, and Ng is presumed innocent unless proven guilty. If convicted on the offense charged in the criminal complaint, Ng faces a maximum statutory penalty of one year in prison.
This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Mark T. Baker of the U.S. Attorney’s Office for the District of New Mexico and Trial Attorney AeJean Cha of the U.S. Department of Justice’s Civil Rights Division.
-
Ng Complaint
-
Another New Yorker Pleads Guilty to Federal Marijuana Trafficking ChargesRead the Press Release
ALBUQUERQUE – Eric Bernard Harris, 46, of St. Albans, N.Y., pleaded guilty this afternoon to a conspiracy to distribute marijuana charge. The plea was entered without the benefit of a plea agreement. Eric Harris’s co-defendant, Gary Anthony Harris, 50, of Carle Place, N.Y., entered a guilty plea to a marijuana trafficking charge earlier this week.
Eric Harris and Gary Harris were charged by criminal complaint on Aug. 8, 2013, with conspiracy to distribute marijuana. On Aug. 13, 2013, Homeland Security Investigations (HSI) agents arrested Eric Harris in New York, N.Y., and Gary Harris in Carle Place, N.Y. The two men subsequently appeared in Las Cruces federal court to face the charges against them. On Nov. 13, 2013, they were indicted and charged with conspiracy and possession of marijuana with intent to distribute.
According to court filings, Carl Francis Carter, 60, of Deptford, N.J., was arrested on July 27, 2011, after an officer of the New Mexico Department of Public Safety Motor Transportation Division found 527 kilograms (1163 pounds) of marijuana concealed in Carter’s commercial vehicle during a routine inspection at a checkpoint on Interstate 10 in Hidalgo County, N.M. Subsequent investigation by HSI revealed that Carter had been in communication with Gary Harris on the night of his arrest, and that Eric Harris had attempted to contact Carter the morning after his arrest. Investigation also revealed that Eric Harris and Gary Harris traveled from New York to Phoenix, Ariz., on July 17, 2011, allegedly to facilitate the purchase of the marijuana and to transport it from Tucson, Ariz., to New York. Eric Harris and Gary Harris traveled back to New York on July 27, 2011, following Carter’s arrest.
Today, Eric Harris pleaded guilty to both counts of the Indictment charging him with conspiracy to distribute marijuana and possession of marijuana with intent to distribute, and admitted conspiring with Gary Harris, Carter and others to distribute the 527 kilograms of marijuana found in Carter’s commercial vehicle.On March 5, 2014, Gary Harris pleaded guilty to possession of marijuana with intent to distribute under a plea agreement with the U.S. Attorney’s Office. In entering his guilty plea, Gary Harris acknowledged possession of 300 pounds of 527 kilograms of marijuana that was found in Carter’s commercial vehicle on June 27, 2011. He also admitted that Eric Harris and he traveled from New York to Arizona to facilitate the purchase and transportation of the marijuana from Arizona to New York. As part of his plea agreement, Gary Harris 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.
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.
Sentencing hearings for Eric Harris, Gary Harris and Carter 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 Man Pleads Guilty to Armed Bank Robbery SpreeRead the Press Release
ALBUQUERQUE – James Charles Mollohan, 36, of Albuquerque, N.M., pleaded guilty today to four armed bank robbery charges and to using a firearm in relation to a crime of violence. Under the terms of his plea agreement, Mollohan will be sentenced to a prison term within the range of 322 months (26.83 years) to 387 months (32.25 years) followed by a term of supervised release to be determined by the court.
The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department.
Mollohan was arrested on Feb. 1, 2013, on a criminal complaint charging him with the armed robbery of the New Mexico Educators Federal Credit Union branch located at 3205 Coors Blvd. NW in Albuquerque. According to court filings, Mollohan approached a bank teller, pointed a handgun at the teller, and demanded money. As the teller opened the cash drawer in response to Mollohan’s demand, the teller surreptitiously activated an alarm before handing cash to Mollohan. Mollohan was arrested in the vicinity of the bank shortly thereafter by officers of the Albuquerque Police Department who responded to a radio transmission alerting them of the bank robbery. Mollohan was in possession of a loaded semi-automatic handgun and a significant amount of cash when he was arrested.
During today’s hearing, Mollohan pled guilty to a five-count felony information charging him with four counts of armed bank robbery and possession of a firearm in relation to a crime of violence. In entering his guilty plea, Mollohan admitted robbing at gunpoint the following Albuquerque-area banks: the Bank of Albuquerque branch located at 3301 Coors Blvd. NW on Jan. 12, 2013; the New Mexico Bank and Trust branch located at 6201 Riverside Plaza Lane on Jan. 29, 2013; and New Mexico Educators Federal Credit Union located at 3205 Coors Blvd. NW on Jan. 29, 2013 and again on Feb. 1, 2013.
Mollohan has been in federal custody since his arrest on Feb. 1, 2013. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department with assistance from the New Mexico Corrections Department Probation and Parole, and is being prosecuted by Assistant U.S. Attorney Charles L. Barth. This 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.
New York Man Pleads Guilty to Federal Marijuana Trafficking ChargeRead the Press Release
ALBUQUERQUE – Gary Anthony Harris, 50, of Carle Place, N.Y., pleaded guilty late yesterday afternoon in Las Cruces federal court to a marijuana trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Harris and co-defendant Eric Bernard Harris, 46, of St. Albans, N.Y., were charged by criminal complaint on Aug. 8, 2013, with conspiracy to distribute marijuana. The criminal complaint stated that on July 27, 2011, Carl Francis Carter, 60, of Deptford, N.J., was arrested in Hidalgo County, N.M., after an officer of the New Mexico Department of Public Safety Motor Transportation Division found 527 kilograms (1163 pounds) of marijuana concealed in Carter’s commercial vehicle during a routine inspection. Subsequent investigation by Homeland Security Investigations (HSI) linked Gary Harris and Eric Harris to the marijuana seized from Carter.
According to the criminal complaint, Carter had been in communication with Gary Harris on the night of his arrest, and Eric Harris had attempted to contact Carter the morning after his arrest. Investigation also revealed that Gary Harris and Eric Harris traveled from New York to Phoenix, Ariz., on July 17, 2011, to facilitate the purchase of the marijuana found in Carter’s commercial vehicle and to transport it from Tucson, Ariz., to New York. Gary Harris and Eric Harris traveled back to New York on July 27, 2011, following Carter’s arrest.
On Aug. 13, 2013, HSI agents arrested Gary Harris in Carle Place, N.Y., and Eric Harris in New York, N.Y. The two men subsequently appeared in Las Cruces federal court to face the charges against them. On Nov. 13, 2013, Gary Harris and Eric Harris were indicted and charged with conspiracy and possession of marijuana with intent to distribute.
Yesterday afternoon, Gary Harris pleaded guilty to possession of marijuana with intent to distribute. In his plea agreement, Gary Harris admitted possession of 300 pounds of the marijuana that was found in Carter’s commercial vehicle. He also acknowledged that Carter was hauling a total of 527 kilograms (1163 pounds) of marijuana when he was arrested on July 27, 2011. Gary Harris further admitted traveling from New York to Phoenix to facilitate the purchase and transportation of the marijuana seized from Carter.
Gary Harris faces a penalty of not less than five years and not more than 40 years in prison when he is sentenced. His sentencing hearing has yet to be scheduled. As part of his plea agreement, Gary Harris will 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.
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. Carter’s sentencing hearing has yet to be scheduled. He also faces a penalty of not less than five years and not more than 40 years in prison when he is sentenced.
Eric Harris, who has entered a not guilty plea to the charges against him, is scheduled for a change of plea hearing on March 7, 2014. The charges against Eric Harris are merely accusations and he is presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Deming office of HSI with assistance from the New Mexico Department of Public Safety Motor Transportation Division, and is being prosecuted by Supervisory Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
Mescalero Apache Man Pleads Guilty to Assault by a Habitual Offender ChargesRead the Press Release
ALBUQUERQUE – Lonnie Ray Youngman, 45, pleaded guilty this afternoon in Las Cruces federal court to an indictment charging him with assault with a dangerous weapon and domestic assault by a habitual offender. The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.Youngman, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was arrested on July 8, 2013, on a criminal complaint alleging that he assaulted his domestic partner, a Mescalero Apache woman. Youngman subsequently was indicted and charged with assaulting the victim with a dangerous weapon on Jan. 6, 2012, and assaulting the victim on Jan. 5, 2012. The indictment alleged that Youngman was a habitual domestic offender because he previously had been convicted on domestic assault charges in May 1996 and April 2010.
In entering his guilty plea, Youngman admitted assaulting the victim on Jan. 5, 2012, by striking her with a wooden table leg. He also admitted assaulting the victim on Jan. 6, 2012, by punching, kicking and biting her. Youngman acknowledged that the victim sustained serious bodily injuries, including contusions on the face, scalp, neck and arm, a deviated septum, and bite marks, as a result of the assaults. He further acknowledged committing both assaults within the Mescalero Apache Reservation.
Youngman has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Youngman will be sentenced to 38 months in prison followed by a term of supervised release to be determined by the court.
This case was investigated by the Mescalero Agency of 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. It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Kewa Pueblo Man Sentenced to Federal Prison for Statutory Rape ConvictionRead the Press Release
ALBUQUERQUE – Lester Nieto, 28, of Kewa Pueblo, was sentenced to 24 months in federal prison followed by five years of supervised release for his statutory rape conviction. Nieto will be required to register as a sex offender after he completes his prison sentence.
Nieto was arrested on March 5, 2013, on an indictment charging him with engaging in a sexual act with a child between the age of 12 and 16 years on Jan. 1, 2012, in a location within Kewa Pueblo. Nieto entered a guilty plea to the indictment on Sept. 13, 2013, and was remanded into custody pending his sentencing hearing.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback. 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/.
Jemez Pueblo Man Sentenced to Thirty-Two Years in Federal Prison for Second Degree Murder ConvictionRead the Press Release
ALBUQUERQUE – Lucas Michael Ray Toledo, 25, a resident and enrolled member of Jemez Pueblo, was sentenced this morning to 32 years in federal prison followed by five years of supervised release for his second degree murder conviction. The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.
Toledo was arrested on Sept. 29, 2010, on a criminal complaint alleging that he murdered a 21-year-old man who was also a member of Jemez Pueblo. Toledo subsequently was indicted on that same charge in Oct. 2010. Proceedings in the case were delayed by competency proceedings.
According to court filings, Toledo murdered the victim in the early hours of Sept. 29, 2010, outside Toledo’s residence on Jemez Pueblo. Toledo acknowledged murdering the victim sometime after 1:30 a.m. after the victim repeatedly disrupted Toledo as he was attempting to sleep by knocking on Toledo’s bedroom window. In response to the victim’s disruptive behavior, Toledo went outside and attacked the victim, stabbing him repeatedly with a box-cutter razor and kitchen knife and beating him with a shovel.
On Sept. 11, 2013, Toledo pled guilty this morning to a felony information charging him with second degree murder. In entering his guilty plea, Toledo admitted killing the victim by stabbing him with a knife and beating him with a shovel.
The case was investigated by the Albuquerque office of the FBI with assistance from the Jemez Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.
Former State Probation Officer Sentenced to Prison for Sexually Assaulting Woman Under his SupervisionRead the Press Release
ALBUQUERQUE – Gordon Chavez, 36, a former probation officer with the New Mexico Corrections Department’s Division of Probation and Parole, was sentenced today to 18 months in federal prison followed by three years of supervised release on charges related to the sexual assault of a probationer whom he supervised. Chavez previously pled guilty to one count of violating the victim’s right to bodily integrity when he touched her breasts against her will. Chavez also pled guilty to one count of making material false statements to the FBI when he denied both touching the breasts of females whom he supervised and asking for naked photos of them.
“Every person who interacts with the criminal justice system should feel safe in law enforcement custody,” said Acting Assistant Attorney General Jocelyn Samuels for the Justice Department’s Civil Rights Division. “The Department of Justice will vigorously prosecute all law enforcement officers who abuse their authority by committing sexual assaults. We commend the victim for coming forward to report the defendant's criminal conduct.”
“Any time a law enforcement officer breaks the law it undermines the public’s trust in the legal system, and we will do everything we can to ensure that trust is not compromised,” said Acting U.S. Attorney Steven C. Yarbrough. “I commend the victim in this case for having the courage to step forward and assert her right to be free of sexual abuse, and for trusting the Department of Justice to protect her.”
“An assault on one person's civil rights is an assault on everyone's civil rights,” said FBI Special Agent in Charge Carol K.O. Lee. “When a law enforcement officer is the perpetrator, the crime is even worse. The FBI hopes this sentencing sends a message to all public servants: We will vigorously investigate those who use their authority to violate another person's rights, and you could face a stiff prison term.”
According to court documents, Chavez engaged in escalating sexually inappropriate behavior toward the victim, a woman under his supervision since May 2012. As part of her probation and parole, the victim was required to attend mandatory meetings at Chavez’s office. During one of those meetings on Nov. 26, 2012, Chavez fondled the victim’s breast through and underneath her shirt without the victim’s consent. Chavez was later captured on a recording apologizing for his actions.
During that same Nov. 26, 2012, meeting with victim, Chavez also instructed the victim to bring revealing photos of herself on her cellular phone to the next office visit scheduled for Nov. 30, 2012. When the victim brought clothed photos of herself, Chavez specifically asked her to bring naked photos. That conversation was also captured on a recording.
On Dec. 4, 2012, FBI agents conducted a recorded interview of Chavez during which he denied touching the breasts of any female under his supervision. He also denied asking any female under his supervision for naked photographs.
During his plea hearing on Sept. 3, 3013, Chavez acknowledged that his actions toward the victim were wrong and against the law. Chavez further admitted that he lied to the FBI when he was interviewed about his conduct toward females whom he supervised.
This case was investigated by the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorney Mark T. Baker for the District of New Mexico and Trial Attorney Fara Gold of the Civil Rights Division of the U.S. Department of Justice.
El Paso Man Arrested on Federal Child Exploitation ChargesRead the Press Release
ALBUQUERQUE – Juan Carlos Hernandez, 44, of El Paso, Texas, made his initial appearance in Las Cruces federal court on a criminal complaint charging him with online enticement of a minor to engage in illicit sexual activity and interstate travel to meet a minor with the intent to engage in illicit sexual activity. Hernandez remains in custody pending a preliminary hearing and detention hearing, which have yet to be scheduled.
Hernandez was arrested on Feb. 28, 2014, by Homeland Security Investigations (HSI) on a criminal complaint alleging that he engaged in the online solicitation of a child under the age of 16 years between Sept. 2012 and June 2013. The criminal complaint also alleges that Hernandez traveled from El Paso to Anthony, N.M., in June 2013, with the intention of having illicit sexual contact with a child under the age of 16 years.
According to the criminal complaint, Hernandez met the child victim on an Internet social networking website in Sept. 2012, and the two began communicating regularly through text messaging on cellphones in May 2013. Hernandez was arrested on state charges in the early hours of June 22, 2013, after Deputies of the Doña Ana County Sheriff’s Office found him with the child victim at a park in Anthony, N.M.
In July 2013, HSI obtained federal search warrants for the cellphones seized from Hernandez and the child victim on June 22, 2013. Information obtained through the search warrants revealed that Hernandez allegedly engaged in sexually explicit communication with the child victim. It also allegedly revealed that Hernandez was aware that the child victim was under the age of 16 years and that prior to meeting the child victim, Hernandez told her that he was 17, 18 and 22 years old at various times.
If convicted on the online solicitation charge, Hernandez faces a mandatory minimum of ten years to life in prison. If convicted on the interstate travel charge, Hernandez faces a maximum penalty of 30 years in prison. The charges in the complaint are merely accusations and Hernandez is presumed innocent unless found guilty beyond a reasonable doubt.This case was investigated by the Las Cruces office of HSI, the Doña Ana County Sheriff’s Office and the Las Cruces Police Department. The case is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga 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 case also was brought as part of the New Mexico Internet 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 74 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Navajo Man from Chi-Chi-Tah, N.M., Pleads Guilty to Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Mark Patrick Eddy, 45, an enrolled member of the Navajo Nation who resides in Chi-Chi-Tah, N.M., pleaded guilty this morning to a felony information charging him with assault resulting in serious bodily injury, announced Acting U.S. Attorney Steven C. Yarbrough and Director John Billison of the Navajo Nation Division of Public Safety.
Eddy 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. According to the indictment, Eddy assaulted his girlfriend, a Navajo woman, on June 21, 2013, at a residence located on the Navajo Indian Reservation. According to the criminal complaint, Eddy kicked the victim in the head with his cowboy boots causing a laceration to the right temple of the victim’s head that required medical attention.
Today, Eddy admitted assaulting the victim, his intimate partner, by throwing her to the ground and kicking her in the head causing a laceration that required medical attention.Eddy has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Eddy will be sentenced to a year and a day in federal prison followed by a term of supervised release to be determined by the court.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being 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.
Zuni Pueblo Man Pleads Guilty to Brandishing a Firearm During a Crime of ViolenceRead the Press Release
ALBUQUERQUE – Shannon D. Concho, 35, a member of Zuni Pueblo, pleaded guilty this morning to brandishing a firearm during a crime of violence, announced Acting U.S. Attorney Steven C. Yarbrough 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. According to the indictment, Concho committed 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.
Today, Concho pleaded 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.
Concho has been in federal custody since his arrest on Oct. 24, 2012, and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Concho will be sentenced to seven years in federal prison followed by a term of supervised release to be determined by the court.
This case was investigated by the Zuni Pueblo Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Laguna Pueblo Man Sentenced to Thirty Months in Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Dennis George Cheresposy, 49, a member and resident of the Pueblo of Laguna, was sentenced this morning to 30 months in federal prison followed by three years of supervised release for his conviction on two assault charges. The court deferred ruling until a later time the amount of restitution Cheresposy will be required to pay to cover the costs of medical treatment for the victims.
The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Cheresposy was arrested on Jan. 18, 2013, on a two-count indictment charging him with assault with a dangerous weapon, and assault resulting in serious bodily injury. According to the indictment, Cheresposy used his fists and boots to assault a man on Oct. 20, 2011, and caused the victim to suffer serious injuries.
On July 30, 2013, Cheresposy pled guilty to Count 2 of the indictment, charging him with assault resulting in serious bodily injury, and a felony information charging him with using his hands and feet to assault a second man on May 3, 2012. During his plea hearing, Cheresposy admitted that on Oct. 20, 2011, he kicked and punched a Laguna Pueblo man, who suffered multiple rib fractures as a result of the assault. He also admitted that on May 3, 2012, he kicked and punched another Laguna Pueblo man who suffered a fractured eye orbit and bulging disc as a result of the assault. Both assaults occurred within the Pueblo of Laguna.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Police Department and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Former Union Official Charged with Embezzling Money from UnionRead the Press Release
ALBUQUERQUE – Leonard Bridge, II, 43, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with 20 counts of embezzlement of assets from a labor organization. Bridge entered a not guilty plea and was placed on conditions of release pending trial, which has yet to be scheduled.
The indictment alleges 20 separate occasions of embezzlement between April 2009 and Aug. 2011 by Bridge of money belonging to the International Union of Elevator Constructors, Local 131. According to the indictment, Bridge perpetrated his embezzlement scheme by writing checks on the Union’s bank account, making case withdrawals with a debit card, and making cash withdrawals from the bank account. Bridge was employed as the business manager of the Union from Jan. 2009 through Nov. 2011.
If convicted, Bridge faces a maximum penalty of five years in prison and a $10,000 fine on each of the 20 counts in the indictment.
This case was investigated by the Office of Labor-Management Standards of the U.S. Department of Labor and is being prosecuted by Assistant U.S. Attorney C. Paige Messec.
Federal Jury Finds Belen Man Guilty on Bank Fraud and Conspiracy ChargesRead the Press Release
ALBUQUERQUE – A federal jury returned a verdict today finding Raymundo Silva, 35, guilty of a conspiracy charge and five bank fraud charges after a four-day trial. The jury acquitted Silva on two other bank fraud charges. The verdict was announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of HSI in El Paso, and Chief Roy E. Melnick of the Los Lunas Police Department.
In announcing the jury’s verdict, Acting U.S. Attorney Steven C. Yarbrough commended HSI and the Los Lunas Police Department for their outstanding investigative work on a case that affected numerous citizens victimized as a result of the scheme perpetuated by Silva and his two co-defendants. Mr. Yarbrough also expressed his appreciation to the prosecutors who successfully prosecuted all three members of the bank fraud scheme.
"HSI is committed to use its ample and unique investigative authority to uncover this type of fraudulent activity,” said Dennis A. Ulrich, Special Agent in Charge of HSI El Paso. “Bank fraud victimizes innocent people, and part of the HSI mission is to prevent financial crimes and protect the privacy and identity of our citizens.”
Chief Roy E. Melnick of the Los Lunas Police Department said, “The Los Lunas Police Department is grateful to the U.S. Attorney’s Office and the Albuquerque office of HSI for being such strong partners with our Department in working together to bring about justice in this major bank fraud scheme. I also have praise for the Los Lunas Police officers and detectives who initiated this case, followed up this investigation thoroughly, gathering critical evidence and working very closely with Homeland Security Investigations agents to bring about a successful conclusion to this case. In addition, I have praise for the U.S. Attorney’s Office for bringing about a successful prosecution of this case. This criminal case demonstrates when local and federal law enforcement agencies work closely together, we can make a difference.”
Silva, and co-defendants Patricia Diaz, 35, of Los Lunas, N.M., and Christina Knight, 29, of Albuquerque, were indicted in Aug. 2013, on conspiracy, bank fraud and aggravated identity theft charges. The trio subsequently was charged in a 31-count superseding indictment alleging conspiracy to commit bank fraud; 24 counts of bank fraud, including eight counts against Silva (including one count that was dismissed by the United States before trial), three counts against Diaz, and 13 counts against Knight; and six counts of aggravated identity theft against Knight. The superseding indictment generally charged Silva, Diaz and Knight with engaging in a scheme to commit bank fraud between Dec. 2011 and April 2013.
On Oct. 28, 2013, Diaz entered a guilty plea to the bank fraud conspiracy and three substantive bank fraud charges, and on Feb. 20, 2014, Knight entered guilty pleas to the bank fraud conspiracy, 13 substantive bank fraud charges, and one count of aggravated identity theft. Silva proceeded to trial on the bank fraud conspiracy and seven substantive bank fraud charges against him.
Trial commenced on Feb. 24, 2014, and concluded this afternoon when the jury returned a verdict of guilty on the conspiracy count and five of the seven bank fraud counts in the superseding indictment against Silva, and not guilty on two bank fraud counts. The trial evidence established that Silva, Diaz and Knight perpetuated a bank fraud scheme by stealing checks from residential mailboxes, altering the names of payees and the amounts on the checks, and cashing the checks using either their own identities or, in the case of Knight, the identities of others.
In Dec. 2011, a Los Lunas police officer investigating a check washing and identity theft ring targeted a sedan seen leaving a Los Lunas bank following a failed attempt to cash a fraudulent check. In Feb. 2012, after surveillance established that the sedan frequently visited a residence in Belen, Los Lunas police officers executed a search warrant at the residence and seized chemicals and other products commonly used to wash and alter checks, several driver’s licenses, college IDs and Social Security cards, bank receipts and other evidence.
Investigation by HSI and the Los Lunas Police Department identified Silva, Diaz and Knight as the members of the bank fraud scheme in late 2012, following the theft of five checks from the mailbox of a Los Lunas residence. Silva cashed one of the checks on Dec. 26, 2012, and between Dec. 20, 2012 and Jan. 4, 2013, Knight cashed three of the checks by using the identification of another person. Each of these four checks had been altered by changing the name of the payee and amount. Laboratory analysis by HSI revealed that the chemicals seized from Silva’s residence were used to wash the checks.
Silva has been in federal custody since his arrest in Aug. 2013. He remains detained pending his sentencing hearing, which has yet to be scheduled. Silva faces a maximum penalty of five years in prison on the conspiracy charge and 13 years in prison on each of the eight bank fraud charges.
Diaz and Knight also are in custody pending their sentencing hearings. Each faces a maximum of five years in prison on the conspiracy charge and 13 years on each of their bank fraud charges. Knight also faces a two-year prison sentence which must be served consecutively to any prison sentence imposed on the conspiracy and bank fraud charges to which she pleaded guilty.
This case was investigated by HSI Albuquerque and the Los Lunas Police Department and is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Paul Mysliwiec.
Alamo Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Prescott Apachito, 25, an enrolled member of the Navajo Nation who resides in Alamo, N.M., was sentenced this morning to 24 months in federal prison followed by two years of supervised release for his assault conviction.
Apachito was arrested on Feb. 11, 2013, based on a criminal complaint charging him with assault with a dangerous weapon with intent to do bodily harm. Apachito subsequently was indicted and charged with two counts of assault with a dangerous weapon. According to the indictment, Apachito committed the offense on Nov. 29, 2012, in Socorro County, N.M., on the Navajo Indian Reservation.
On July 25, 2013, Apachito entered a guilty plea to Count 2 of the indictment charging him with assault with a dangerous weapon. Apachito admitted that in the early morning hours of Nov. 29, 2012, during an argument with several others, he pulled a utility knife out of his pocket and cut a female victim by slicing her neck. He further admitted stabbing a male victim in the stomach when the victim attempted to restrain him. In his plea agreement, Apachito admitted committing this criminal conduct on the Navajo Indian Reservation.
This case was investigated by the Albuquerque office of the FBI and 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.
Non-Indian Man from Albuquerque Pleads Guilty to Assaulting Isleta Pueblo WomanRead the Press Release
ALBUQUERQUE – Gabby G. Andrade, 36, a non-Indian from Albuquerque, N.M., pleaded guilty this morning to an indictment charging him with assaulting an Indian woman, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge DuWayne W. Honahni, Sr., of District IV of BIA’s Office of Justice Services, and Chief Kevin Mariano of the Isleta Pueblo Tribal Police Department.
Andrade was arrested in Sept. 2013, on an indictment charging him with assault resulting in serious bodily injury. According to the indictment, Andrade assaulted an Indian woman on July 19, 2010, in a location within Isleta Pueblo.
Today, Andrade pleaded guilty to the indictment and admitted assaulting the victim, his intimate partner, by striking her in the head, face and body numerous times with a closed fist. He further admitted that the victim suffered a bilateral nasal bone fracture, a displaced nasal septum fracture, and a left occipital bone fracture. Andrade also acknowledged that he is not an Indian and the victim is a member of Isleta PuebloAndrade has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Andrade will be sentenced to 22 months in federal prison followed by a term of supervised release to be determined by the court.
This case was investigated by the Southern Pueblos Agency of BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department and is being 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.
Multi-Agency Investigation Leads to Charges Against Twenty- Nine Individuals for Trafficking Drugs in San Juan CountyRead the Press Release
ALBUQUERQUE – Twenty-eight individuals residing in San Juan County, N.M., and a woman from Meza, Ariz., are facing drug trafficking charges as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico. The investigation culminated today when 25 of the defendants were arrested during an early morning law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force. Another two of the defendants were arrested during the course of the investigation. The remaining two defendants, who have yet to be arrested, are considered fugitives.
The results of the investigation were announced by Acting U.S. Attorney Steven C. Yarbrough, 11th Judicial District Attorney Robert P. “Rick” Tedrow, Special Agent in Charge Dennis A. Ulrich, II, of HSI in El Paso, Bloomfield Police Chief Michael Kovacs, San Juan County Sheriff Ken Christesen, Acting Farmington Police Chief Vincent Mitchell, Aztec Police Chief Michael Heal, and Lt. Neil Haws, Director of the HIDTA Region II Narcotics Task Force.
The charges against the 29 defendants are the result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization allegedly led by Isaac Anaya that distributed quantities of methamphetamine throughout San Juan County and then expanded to include other drug trafficking activity in the area. 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.
In announcing the results of the investigation, Acting U.S. Attorney Steven C. Yarbrough said, “This investigation illustrates once again the success enjoyed by our partnership of federal, state and local law enforcement agencies in taking down drug trafficking organizations, whether they operate in large metropolitan areas or small, rural communities. Today, HSI and our state and local partners made a significant impact on drug traffickers operating in rural communities in San Juan County.”
Eleventh Judicial District Attorney Robert P. “Rick” Tedrow added, “Today’s successful arrests and confiscation of drugs and firearms was a skillful collaboration of many dedicated law enforcement officers (local, state and federal) whose tireless efforts over that past 13 months have assisted our community in its desire to have safer streets.”
Thirteen of the defendants, including Isaac Anaya, 30, of Farmington, N.M., charged as a result of the investigation are facing federal charges in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013. The remaining 16 defendants are facing state drug trafficking and firearms charges based on criminal complaints.
During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms. Today’s law enforcement operation included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington business and a storage unit in Bloomfield. It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence. Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and today’s law enforcement operation.
“HSI continues to work vigilantly with our law enforcement partners to disrupt and dismantle drug trafficking networks that smuggle and traffic vile drugs, such as methamphetamine,” said Dennis A. Ulrich, II, Special Agent in Charge of HSI El Paso. “Methamphetamine destroys lives and devastates communities, and HSI special agents are committed to prevent drugs from coming across our border and poisoning our neighborhoods.”
“Today’s efforts are good for all of San Juan County and the citizens of Bloomfield,” said Bloomfield Police Chief Michael Kovacs. “The partnership between locals and federal agencies will impact the quality of life of our community in a positive sense.”
San Juan County Sheriff Ken Christesen added, “I am proud of the efforts of the Region II agents and HSI agents who put this case together. This partnership from state, local and federal agencies is an example of what can be accomplished when we work together to make our communities safer.”
“Today’s events are the product of the diligent efforts of a vast group of people committed to the safety of our communities, county, and our nation,” said Acting Farmington Police Chief Vincent Mitchell. “This coordination between multiple organizations and agencies increases the security, prosperity, and quality of life for our citizens. The Farmington Police Department would like to thank the representatives from our local law enforcement agencies, Region II Narcotics, Homeland Security Investigations, and the U.S. Attorney’s Office.”
“This operation is important for the safety and well-being of our Citizens. It is essential that we eradicate this terrible scourge of drugs and those who foster and get gain from it in our community. The fight on drugs is real and we must win,” said Aztec Police Chief Michael Heal. “The men and women working the Region II Task Force and those working in conjunction with them have done a fantastic job putting this operation together and I am proud of their efforts and the success that was accomplished.”
“I want to thank all of the participating agencies who assisted in today’s operation. Specifically, HSI and the U.S. Attorney’s Office have shown a continuing commitment to our community,” said Lt. Neil Haws, Director of the HIDTA Region II Narcotics Task Force. “I am very proud to have worked alongside the HSI and Region II Agents who worked this case for the past year. This has been a very successful operation that will have a significant impact on our community.”
Today’s arrests are the result of an investigation by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department. Assistant U.S. Attorneys Reeve L. Swainston and Shana B. Long are prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases. In addition to the investigating agencies, the following agencies participated in today’s law enforcement operation: U.S. Marshals Service, U.S. Customs and Border Protection, New Mexico State Police, New Mexico Attorney General’s Office and HIDTA Region III Narcotics Task Force.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of 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.
Defendants Charged in Federal Case
Count 1 of the 15-count indictment filed in United States v. Anaya, et al., 14-CR-455 WJ, charges the 13 federal defendants with a methamphetamine trafficking conspiracy. Counts 2 and 3 each charge a defendant with distribution of methamphetamine. Counts 4 through 6 each charges certain defendants with possession of methamphetamine with intent to distribute. The maximum penalty on conviction on each of these six counts is a maximum of 20 years in prison and a $1,000,000 fine. Counts 7 through 15 each charges certain defendants with using a telephone to facilitate a drug trafficking offense and carries a maximum of four years in prison and a $250,000 fine on conviction.
The following individuals, who are in custody, are charged in the federal case:
-
Isaac Anaya, 30, of Farmington, N.M., charged in Counts 1, 2, 3, 7, 8, 9, 11, 12, 13 and 15 of the indictment.
-
Julia Oros, also known as Julia Gonzalez, 30, of Mesa, Ariz., charged in Counts 1, 7 and 10 of the indictment.
-
Curtis Murray, Sr., 50, of Farmington, N.M., charged in Counts 1 and 8 of the indictment.
-
Brandon Smith, 28, of Farmington, N.M., charged in Counts 1, 6, and 13 of the indictment.
-
Bobby Hampton, 29, of Bloomfield, N.M., charged in Counts 1 and 9 of the indictment.
-
Pedro Lucero, 37, of Farmington, N.M., charged in Counts 1, 5 and 10 of the indictment.
-
Yvonne Anaya, 38, of Bloomfield, N.M., charged in Counts 1 and 15 of the indictment.
-
Robert Valdez, 50, of Bloomfield, N.M., charged in Counts 1 and 14 of the indictment.
-
Richard Archuleta, 32, of Bloomfield, N.M., charged in Counts 1 and 14 of the indictment.
-
Ernesto Felix, 51, of [residence], N.M., charged in Counts 1 and 4 of the indictment. Felix is in state custody on a related drug trafficking charge and will be transferred to federal custody.
-
Wesley Contreras, 19, of Farmington, N.M., charged in Counts 1 and 4 of the indictment. Contreras is in state custody on a related drug trafficking charge and will be transferred to federal custody.
Two federal defendants, Fay Gordon, 29, of Farmington, N.M., who is charged in Counts 1 and 11 of the indictment, and Casey LaMotte, 28, of Flora Vista, N.M., who is charged in Counts 1 and 12 of the indictment, have yet to be arrested and are considered fugitives.
Defendants Charged in State Cases
The following defendants, who have been arrested, are charged in criminal complaints filed in the 11th Judicial District Court for the State of New Mexico:
-
Larry Abeyta, 25, of Farmington, N.M., arrested on a parole violation.
-
Cimmaron Archuleta, 32, of Bloomfield, N.M., arrested on a trafficking by possession with intent to distribute charge.
-
Patrick Archuleta, 34, of Farmington, N.M., arrested on trafficking of a controlled substance (methamphetamine) and felon in possession of a firearm charges.
-
Leonard Barela, 33, of Bloomfield, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.
-
Phermond Begay, 32, of Aztec, N.M., arrested on a distribution of marijuana charge.
Rusty Betts, 32, of Farmington, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.
-
Tiffany Bond, 33, of Farmington, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.
-
Colby Crawford, 40, of Flora Vista, N.M., arrested on a trafficking of a controlled substance (heroin) charge.
-
Derek Hellickson, 26, of Farmington, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.
-
Anthony Jones, 34, of Farmington, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.
-
Aaron Mobley, 35, of Aztec, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.
-
Amy Oros, 24, of Farmington, N.M., arrested on a possession of controlled substance (methamphetamine) charge.
-
Philippe Reyes, 35, of Farmington, N.M., arrested on a possession of controlled substance (methamphetamine) charge.
-
Leon Serrano, 30, of Bloomfield, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.
-
Hollis Turner, 22, of Aztec, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.
-
Jobie Wells, 38, of Bloomfield, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.
Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
-
Sophia Monique Zayas Pleads Guilty to Child Abuse Resulting in Great Bodily Injury and Subsequent Death of InfantRead the Press Release
LAS CRUCES – Sophia Monique Zayas, 32, pleaded guilty late this afternoon in Las Cruces federal court to a felony information charging her with child abuse resulting in great bodily injury, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent Carol K.O. Lee of the Albuquerque Division of the FBI, and Acting Special Agent in Charge Gregory Harper of the Air Force Office of Special Investigations.
Sophia Zayas, 32, and her husband Peter John Zayas, 29, were arrested in April 2012 by the FBI and the Air Force Office of Special Investigations on charges that between Oct. 21, 2007 and Oct. 22, 2007, they caused the death of their two-month old infant daughter. In Nov. 2012, a 16-count superseding indictment was filed charging Peter and Sophia Zayas with second degree murder, child abuse resulting in death, child abuse resulting in great bodily harm, and other child abuse-related offenses. At the time of the offenses alleged in the superseding indictment, Peter Zayas was a sergeant with the U.S. Air Force and was stationed at Holloman Air Force Base.
During today’s proceedings, Sophia Zayas pleaded guilty to child abuse resulting in great bodily harm and admitted that from Aug. 16, 2007 through Oct. 22, 2007, she placed her daughter in a situation which endangered the infant’s life. In her plea agreement, Sophia Zayas admitted that the infant suffered posterior transverse skull fractures, rib fractures, and radius and ulna fractures as a result of her conduct. The baby died of her injuries on Oct. 22, 2007.
Peter Zayas pleaded guilty to negligent child abuse on Feb. 19, 2014. In his plea agreement, Zayas admitted that from Aug. 16, 2007 through Oc. 22, 2007, he permitted his infant to be in a situation that endangered her life knowing that there was a foreseeable risk that she would be physically harmed or killed by leaving her in Sophia Zayas’ care knowing that Sophia had a history of alcohol abuse. Peter Zayas acknowledged that the infant died on Oct. 22, 2007, as a result of his negligence because it was foreseeable to him that leaving the infant in Sophia Zayas’ care could lead to harm given Sophia’s alcohol consumption and binge drinking during the Oct. 14, 2007 through Oct. 22, 2007.
Sophia and Peter Zayas have been in federal custody since their arrests and the two remain detained pending their sentencing hearings. At sentencing, each faces a penalty of 18 years in prison.
In announcing the guilty pleas, Acting U.S. Attorney Steven C. Yarbrough said, “The circumstances leading to this case are tragic. In Oct. 2007, a two-month old baby died as a result of physical abuse and neglect. Last week, Peter John Zayas admitted his negligence contributed to the baby’s death at the hands of his wife and the baby’s mother. Today, Sophia Monique Zayas admitted causing great bodily harm to the baby. I commend the investigators and prosecutors for ensuring that this baby’s death did not go unanswered.”
“One of the most difficult and challenging investigations for the FBI involves the death of a child, in this case a baby at the hands of those responsible for her care,” said FBI Special Agent Carol K.O. Lee. “The professionalism and perseverance shown by the FBI Special Agents, the Air Force Office of Special Investigations, and the U.S. Attorney's Office in this case which resulted in two guilty verdicts to include the one today should be commended.”
This case was investigated by the FBI and the Air Force Office of Special Investigations and is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.
Former Non-Indian Employee of the Jicarilla Apache Nation Pleads Guilty to Embezzling Money from the TribeRead the Press Release
ALBUQUERQUE – Robert G. Wells, 63, of Albuquerque, N.M., pleaded guilty this morning to embezzlement and theft from an Indian tribal organization, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division and Chief Kendall Vicenti of the Jicarilla Apache Tribal Police Department.
Wells was arrested in Nov. 2013, on a three-count indictment charging him with embezzling an aggregate of $214,594.13 from the Jicarilla Apache Nation’s Utility Authority between July 2011 and Oct. 2011. Wells, a non-Indian, previously had been employed by the Jicarilla Apache Nation as the comptroller for the tribe’s Utility Authority.
During this morning’s proceedings, Wells pled guilty to all three counts of the indictment and admitted embezzling money from a Wells Fargo Bank account belonging to the Jicarilla Apache Nation’s Utility Authority through an unauthorized withdrawal and two unauthorized transfers. In his plea agreement, Wells admitted stealing money from the tribe’s bank account on the following three occasions: $500.00 in July 2011, $92,331 in August 2011, and $121,763 in Oct. 2011.
Wells remains on conditions of release pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Wells will be sentenced to a term of probation. Wells also will be required to pay $214,594.13 in restitution to the Jicarilla Apache Nation.
This case was investigated by the Albuquerque office of the FBI and the Jicarilla Apache Tribal Police Department and is being prosecuted by Supervisory Assistant U.S. Attorney Glynette R. Carson McNabb.
Utah Man Pleads Guilty to Soliciting Gifts and Property Under False PretensesRead the Press Release
ALBUQUERQUE – Michael Vernon Rupert, 42, of Alton, Utah, pleaded guilty this morning in Las Cruces federal court to an indictment charging him with three counts of solicitation and use of gifts. Rupert entered his guilty plea without the benefit of a plea agreement.
Rupert, a former U.S. Army sergeant, was arrested on a criminal complaint in Utah on Oct. 11, 2013, and was transferred to Las Cruces federal court to answer the charges on Nov. 12, 2013. On Jan. 15, 2014, Rupert was indicted on three counts of unlawful solicitation and use of gifts. According to the indictment, in July 2012, Rupert solicited gifts and property from three companies by falsely claiming that they were for use by the U.S. Army. At the time of the offenses charged in the indictment, Rupert was residing in Hondo, N.M.
According to the criminal complaint, Homeland Securities Investigations (HSI) initiated an investigation into Rupert in Nov. 2012, after receiving information that Rupert was soliciting military and law enforcement type clothing and shooting gear from manufacturers by falsely claiming to be a U.S. Army Command Sergeant Major stationed at White Sands Missile Base. During the solicitations, Rupert claimed the goods would be used for testing and evaluation by the U.S. Army and implied that the Army would purchase large quantities of the manufacturers’ products depending on testing and evaluation, and his recommendation. HSI’s investigation revealed that Rupert solicited merchandise valued at approximately $35,000 from 37 manufacturers and distributors between July 2012 and May 2013. Although Rupert relocated from Hondo, N.M., to Alton, Utah, in Oct. 2012, he unlawfully solicited approximately $32,000 of merchandise before moving to Utah.
The criminal complaint alleges that Rupert continued his unlawful solicitation scheme when he moved to Utah, and that an investigation by Utah state authorities led to the discovery of three more manufacturers and distributors from whom Rupert unlawfully solicited merchandise. In Oct. 2013, Utah authorities searched a trailer Rupert was towing as he was in the process of moving to Missouri and found merchandise sent to him by a number of the manufacturers who had responded to Rupert’s solicitations.
Rupert remains on conditions of release pending his sentencing hearing, which has yet to be scheduled. At sentencing, Rupert faces a maximum penalty of five years in prison on each of the three counts to which he pleaded guilty.
This case was investigated by the Las Cruces office of HSI with assistance from the Kane County (Utah) Sheriff’s Department, and is being prosecuted by Special Assistant U.S. Attorney Michael S. Pleters of the U.S. Attorney’s Las Cruces Branch Office.
Federal Jury Finds Non-Indian Man Guilty on Assault and Firearms Charges Arising out of Shooting at Isleta Pueblo ResidenceRead the Press Release
ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a verdict late this afternoon finding Federico Lujan, 26, of Serafina, N.M., guilty on assault and firearms charges after a four-day trial, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge DuWayne W. Honahni, Sr., of District IV of BIA’s Office of Justice Services, and Chief Kevin Mariano of the Isleta Pueblo Tribal Police Department.
Lujan, a non-Indian man, was arrested on July 5, 2012, on a criminal complaint alleging aggravated assault charges arising out of the discharging of a rifle while threatening and menacing two Isleta Pueblo women and ten children in an Isleta Pueblo residence. Lujan subsequently was indicted and charged with two counts of aggravated assault and one count of discharging a firearm in relation to a crime of violence.
Trial of this case began on Feb. 18, 2014, and concluded late this afternoon when the jury returned a verdict of guilty on all three counts of the indictment. The trial evidence established that on the morning of July 5, 2012, Lujan drove to the victims’ residence armed with a .22 caliber rifle loaded with a high-capacity magazine carrying almost 50 rounds of ammunition. After Lujan got out of his vehicle with the loaded rifle, one of the two adult victims peered out the window to see a stranger with a rifle standing in her yard. The adult victim heard shots fired as she ran to get the children who were in the residence to safety.
While one adult victim stayed in the home to protect the ten children who were present, the other adult victim went outside to try to defuse the situation. While speaking to Lujan, she learned that Lujan was shooting outside the residence because he believed that someone had taken his baseball cap from him the night before and that the cap was inside the residence. When the victim denied knowing about the baseball cap, Lujan pointed the rifle at her, threatened to kill her, and fired his rifle again but did not hit the victim. As Lujan drove away, the victim got the license plate number for Lujan’s vehicle. Lujan was arrested shortly thereafter by tribal police officers who were responding to a call from the victims. Following the arrest, the officers found a rifle in Lujan’s vehicle.
The jury deliberated approximately four and a half hours before returning its guilty verdict.
Lujan was remanded into custody after the jury returned the guilty verdict and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Lujan faces up to 18 months in prison on each of the two aggravated assault charges. Lujan also faces a mandatory ten years in prison for discharging a firearm which must be served consecutive to any prison sentence imposed on the assault charges.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department, with assistance from the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI’s crime lab in Quantico, Va., and is being prosecuted by Assistant U.S. Attorneys Mark T. Baker and Holland S. Kastrin.
Los Alamos Man Pleads Guilty to Bank Robbery and Fleeing from an Immigration CheckpointRead the Press Release
ALBUQUERQUE – Anthony P. Chavez, 32, of Los Alamos, N.M., entered a guilty plea to an indictment charging him with bank robbery and high speed flight from an immigration checkpoint. In entering his guilty plea, Chavez admitted robbing Wells Fargo Bank branch located at 5555 Montgomery Blvd. NE in Albuquerque, N.M., on June 29, 2013, and engaging in a high speed flight while trying to evade the Interstate 10 U.S. Border Patrol checkpoint near Deming, N.M., the following day.
Court records reflect the bank was robbed shortly after noon on June 29, 2013, by two men, one of whom approached the bank tellers with a demand note and the other who remained near the door as a lookout. The demand note claimed that there were two others involved in the robbery and that the robbers were armed. After the tellers complied with the robber’s demand for cash, the robber and his lookout fled from the bank.
Shortly before 6:00 a.m. on June 30, 2013, Chavez sought to evade the Interstate 10 U.S. Border Patrol checkpoint near Deming by driving his vehicle at speeds up to 110 miles per hour. Customs and Border Protection (CBP) agents and New Mexico State Police officers pursued and stopped Chavez’s vehicle after a ten minute pursuit and arrested Chavez for the felony offense of high speed flight from an immigration checkpoint. While being placed in a CBP vehicle, Chavez spontaneously stated that he had robbed a bank the day before. After viewing surveillance camera photographs of the bank robber who approached the tellers with the demand note, CBP agents determined that Chavez was one of the two individuals who robbed the Wells Fargo Bank branch in Albuquerque the day before.
Chavez has been in federal custody since his arrest and remains detained pending sentencing. At sentencing, Chavez faces a maximum sentence of 20 years in prison on each of the two charges to which he pleaded guilty.
This case was investigated by the Albuquerque office of the FBI, the Customs and Border Protection, U.S. Border Patrol El Paso Sector, and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Charles L. Barth.
Rehoboth Man Sentenced to Ten Years in Federal Prison for Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – MacDavis Bahe, 31, an enrolled member of the Navajo Nation who resides in Rehoboth, N.M., was sentenced this morning to ten years in federal prison followed by three years of supervised release for his conviction on methamphetamine trafficking and firearms charges.
Bahe was indicted in June 2012, and charged with distributing methamphetamine and marijuana in McKinley County, N.M., between Feb. 2012 and May 2012. He also was charged with being a felon in possession of a firearm and possession of an unregistered firearm.
On Sept. 6, 2013, Bahe admitted that he distributed methamphetamine on Feb. 17, 2012, to an individual who, unbeknownst to him, was an undercover officer. Bahe also admitted that he unlawfully possessed a shotgun on May 1, 2012. Bahe acknowledged that he was prohibited from possessing firearms and ammunition because he previously had been convicted of the following f elony offenses in the 11th Judicial District Court for the State of New Mexico in McKinley County: burglary, aggravated fleeing from a law enforcement officer, and being a felon in possession of a firearm or destructive device.
The case was investigated by the Albuquerque office of the FBI, the Middle Rio Grande Valley Narcotics Task Force, the Gallup Police Department and the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
The Middle Rio Grande Valley Task Force is comprised of agents and officers from the Albuquerque Police Department, the Albuquerque office of the DEA, Pojoaque Tribal Police Department, Rio Rancho Police Department, Sandoval County Sheriff’s Office, and Valencia County Sheriff’s Office. It is part of the High Intensity Drug Trafficking Areas (HIDTA) program that 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 Man Pleads Guilty to Federal Firearms ChargesRead the Press Release
ALBUQUERQUE – Timothy Patrick Shanks, 38, of Albuquerque, N.M., pleaded guilty this morning to federal firearms charges under a plea agreement that requires the imposition of a 12 year prison sentence. The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Bernalillo County Sheriff Dan Houston.
Shanks was arrested on July 3, 2013, based on a criminal complaint charging him with being a felon unlawfully in possession of a firearm. According to the criminal complaint, on June 24, 2013, the Bernalillo County Sheriff’s Office and ATF executed a search warrant at Shanks’ residence and recovered a firearm believed to have been used in the armed robbery of a Dollar General store located at 3211 Coors Blvd. SW on June 22, 2013. On July 25, 2013, Shanks was indicted and charged with being a felon in possession of a firearm, violating the Hobbs Act by committing an armed robbery of a business engaged in interstate commerce, and brandishing a firearm in relation to a crime of violence.
Thereafter, Shanks was charged in a superseding indictment with the following six crimes: (1) being a felon in possession of a firearm and ammunition on June 22, 2013, (2) violating the Hobbs Act by committing an armed robbery of a business engaged in interstate commerce on June 22, 2013, (3) brandishing a firearm in relation to a crime of violence, (4) distributing methamphetamine on May 9, 2013, (5) being a felon in possession of a firearm on May 21, 2013, and (6) being a felon in possession of a firearm on June 3, 2013. The superseding indictment alleged that all six offenses were committed in Bernalillo County, N.M.
During today’s proceedings, Shanks pleaded guilty to Counts 3 and 5 of the superseding indictment charging him with brandishing a firearm during a crime of violence and being a felon in possession of a firearm. In his plea agreement, Shanks admitted brandishing a .357 caliber revolver when he robbed the Dollar General store on June 22, 2013. He also admitted possessing a 9mm caliber rifle on May 21, 2013. Shanks acknowledged that he was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a controlled substance with intent to distribute and possession of a controlled substance.
Shanks has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Shanks will be ordered to forfeit five firearms and ammunition when he is sentenced.
This case was investigated by the Albuquerque office of ATF and the Bernalillo County Sheriff’s Office with assistance from the 2nd Judicial District Attorney’s Office. It is being prosecuted by Assistant U.S. Attorney David M. Walsh as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Albuquerque Man Pleads Guilty to Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Raul Ortega, 21, of Albuquerque, N.M., pleaded guilty this morning to federal carjacking and firearms charges, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent Carol K.O. Lee of the Albuquerque Division of the FBI and Chief Allen Banks of the Albuquerque Police Department.
Ortega and co-defendant Joel Meeks, 20, also of Albuquerque, were arrested in April 2013, on an eight-count indictment charging the pair with offenses stemming from a series of armed robberies of commercial businesses and home invasions, including armed robbery and carjacking, occurring in Bernalillo County, N.M., from Dec. 6, 2012 to Jan. 17, 2013.
During today’s proceedings, Ortega pleaded guilty to Counts 5, 6 and 7 of the indictment, charging him with two carjackings. In his plea agreement and with respect to Counts 5 and 6, Ortega admitted that on Jan. 13, 2013, Meeks and he forcibly entered a residence and robbed the owner of credit cards, his identification and other items. Ortega also admitted that Meeks and he physically assaulted the victim to obtain the PIN for his ATM card, his car keys and the location of his car. Before departing, Ortega and Meeks threatened the victim’s life if he reported the crime to the police. Ortega admitted that he was armed with a handgun while committing these crimes.
In his plea agreement and with respect to Count 7, Ortega also admitted that on Jan. 17, 2013, Meeks and he forcibly entered another residence and physically assaulted the owner. After restraining the victim, Meeks and Ortega robbed him of his credit cards, ATM cards and other items. After obtaining the PIN for the victim’s ATM card by threatening him further physical abuse, Meeks and Ortega also robbed the victim of his car keys and car.
Under the terms of his plea agreement, Ortega will be sentenced to a prison term of 12 to 20 years to be determined by the court. Ortega has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
Meeks has pleaded not guilty and remains in federal custody pending trial which currently is scheduled March 3, 2014. The charges against Meeks are merely accusations and Meeks is presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office. It is being prosecuted by Assistant U.S. Attorney Jon K. Stanford 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.
Air Force Sergeant Pleads Guilty to Negligent Child Abuse Resulting in Great Bodily Injury and DeathRead the Press Release
LAS CRUCES – Peter John Zayas, 29, pleaded guilty late this afternoon in Las Cruces federal court to a felony information charging him with negligent child abuse resulting in great bodily injury, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent Carol K.O. Lee of the Albuquerque Division of the FBI, and Acting Special Agent in Charge Gregory Harper of the Air Force Office of Special Investigations.
Zayas and his wife, Sophia Zayas, 32, were arrested in April 2012 by the FBI and the Air Force Office of Special Investigations on charges that between Oct. 21, 2007 and Oct. 22, 2007, they caused their two-month old infant daughter’s death. In Nov. 2012, a 16-count superseding indictment was filed charging Zayas and Sophia Zayas with second degree murder, child abuse resulting in death, child abuse resulting in great bodily harm, and other child abuse-related offenses. At the time of the offenses alleged in the superseding indictment, Zayas was a sergeant with the U.S. Air Force and was stationed at Holloman Air Force Base.
During this afternoon’s proceedings, Zayas pleaded guilty to negligent child abuse resulting in great bodily harm. In his plea agreement, Zayas admitted that from Aug. 16, 2007 through Oc. 22, 2007, he permitted his infant to be in a situation that endangered her life knowing that there was a foreseeable risk that she would be physically harmed or killed by leaving her in the care of Sophia Zayas knowing that she had a history of alcohol abuse. Zayas acknowledged that the infant sustained posterior transverse skull fractures, rib fractures, and radius and ulna fractures as a result of his negligence.
According to the plea agreement, Zayas also acknowledged that the infant died on Oct. 22, 2007, as a result of his negligence because it was foreseeable to him that leaving the infant in Sophia Zayas’ care could lead to harm given Sophia’s alcohol consumption and binge drinking during the Oct. 14, 2007 through Oct. 22, 2007.
Zayas has been in federal custody since his arrest and remains detained pending his sentencing hearing. At sentencing, he faces a penalty of 18 years in prison.
Sophia Zayas has pleaded not guilty to the charges against her and remains in federal custody pending her trial, which is scheduled for March 10, 2014. The charges against Sophia Zayas are merely accusations and she is presumed innocent unless found guilty beyond a reasonable doubt.
The case was investigated by the FBI and the Air Force Office of Special Investigations and is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Anna R. Wright.
Shiprock Man Pleads Guilty to Arson Charge Arising Out of Fire at Former Girlfriend’s ResidenceRead the Press Release
ALBUQUERQUE – Dan Curtis Thompson, 32, of Shiprock, N.M., pleaded guilty this morning to a federal arson charge, announced Acting U.S. Attorney Steven C. Yarbrough and John Billison, Director of the Navajo Nation Division of Public Safety.
Thompson and his twin sister, Christina Thompson were arrested in Oct. 2013, on an indictment charging them with willfully and maliciously setting fire to an occupied rental unit at the Navajo Housing Authority in Ojo Amarillo, located on the Navajo Indian Reservation, on Jan. 9, 2013.
This morning, Thompson pled guilty to the indictment and admitted setting fire to his former girlfriend’s residence on Jan. 9, 2013. In his plea agreement, Thompson admitted that he had resided in the victim’s apartment until the victim ejected him after he had a “forceful physical interaction” with the victim. Thompson admitted that as his resentment towards the victim grew, he began putting into place plans to burn her residence. Thompson stated that his sister drove him to the victim’s residence on Jan. 9, 2013, where he shattered a window so he could unlock the door and enter the residence. Once inside, Thompson poured gasoline in the residence; after igniting the gasoline, Thompson fled from the residence with his sister’s assistance.
In his plea agreement, Thompson admitted that he did not check to see if anyone was in the residence when he lit the fire. He further admitted that he burned the victim’s residence to retaliate against the victim.
Thompson has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Thompson faces a maximum sentence of life imprisonment.
Christina Thompson has entered a not guilty plea to the indictment and remains on conditions of release pending trial, which is currently set for April 14, 2014. The charge against Christina Thompson is merely an accusation and she is presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Shiprock Division of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers. It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Nicholas Richard Blume Ordered Detained Pending Trial on Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – Nicholas Richard Blume, 35, of Albuquerque, N.M., entered a not guilty plea this morning to a criminal complaint charging him with being a felon in possession of a firearm. Blume was ordered detained pending trial based on judicial findings that he poses a danger to the community and a risk of flight.
Blume was arrested on Feb. 12, 2014, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on Feb. 10, 2014, in Bernalillo County, N.M. According to the criminal complaint, on Feb. 10, 2014, a woman (victim) called the Albuquerque Police Department dispatch to report a domestic violence incident at her southeast Albuquerque home. The victim alleged that Blume broke her nose by punching her nose with a closed fist after she complained about his bringing firearms into her home and demanded that he leave her home. When officers responded to the call, they allegedly found a semi-automatic rifle loaded with 72 rounds of ammunition which the victim claimed was brought into her home by Blume.
On Feb. 10, 2014, Blume was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in the 2nd Judicial District Court (Bernalillo County) for the State of New Mexico: aggravated battery and receiving or transferring a stolen vehicle in 2004; the manufacture, distribution and possession of imitation controlled substances and extortion in 2005; possession of a controlled substance in 2008; and robbery in 2012.
If convicted on the offense against him, Blume faces a maximum sentence of ten years in federal prison. If Blume is determined to be a career criminal, he faces an enhanced sentence of not less than 15 years in federal prison upon conviction. The charge against Blume in the criminal complaint is merely an accusation and Blume is presumed innocent unless found guilty in a court of law.
Blume 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.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Louis E. Valencia and David M. Walsh.
Hobbs Man Sentenced to Ninety-Six Months in Federal Prison for Methampethamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Curtis Lee Alemany, 28, of Hobbs, N.M., was sentenced this morning to 96 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction. The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Commander Mike Wilson of the Lea County Drug Task Force (LCDTF).
Alemany was arrested on July 17, 2013, on a criminal complaint alleging federal methamphetamine trafficking and firearms charges. He has been in federal custody since that time. According to the criminal complaint, on June 5, 2013, officers of the LCDTF executed a state search warrant at Alemany’s residence in Hobbs. In the master bedroom of the residence, the officers seized a plastic bag containing approximately 66 grams of methamphetamine which was concealed in a “Comet” brand scrubbing cleanser can. The officers also seized two semi-automatic handguns that contained chambered rounds and loaded magazines, digital weight scales and $12,265 in cash concealed in a “Crown Royal” bag.
On Sept. 5, 2013, Alemany entered a guilty plea to a felony information charging him with possession of methamphetamine with intent to distribute. In his plea agreement, Alemany admitted that when the officers executed a search warrant at his residence on June 5, 2013, they found methamphetamine and two handguns concealed in a hollowed out space in the wall of the master bedroom. Alemany further admitted that he intended to sell the methamphetamine found in his residence.
This case was investigated by the Roswell office of the FBI and the Lea County Drug Task Force, with assistance from the 5th Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Terri J. Abernathy of 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 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.
Mexican National Sentenced to More Than Fifteen Years for Trafficking Methamphetamine in RoswellRead the Press Release
ALBUQUERQUE – Hector Ruiz, 34, a Mexican national from Jalisco, Mexico, was sentenced late yesterday afternoon in Las Cruces federal court to 188 months in federal prison followed by five years of supervised release for his methamphetamine trafficking conviction. The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, and Special Agent in Charge Joseph A. Arabit of the El Paso Division of the DEA.
Ruiz, who was an undocumented alien illegally in the United States, and his co-defendant Mario Alvarez, also of Roswell, were arrested on Sept. 14, 2012, on a criminal complaint alleging methamphetamine trafficking charges. A three-count indictment subsequently was filed charging Ruiz and Alvarez with conspiracy and possession of methamphetamine with intent to distribute, and charging Ruiz alone with another count of possession of methamphetamine with intent to distribute. The indictment alleged that the offenses were committed in Roswell on Sept. 14, 2012.
According to court filings, on Sept. 14, 2012, the DEA and Chaves County Metro Narcotics Task Force conducted surveillance of Alvarez in Roswell based on a tip that he was planning to sell a pound of methamphetamine later that day in Artesia. After officers observed Alvarez meet with Ruiz, they executed a traffic stop on Alvarez’s vehicle and recovered a bag containing approximately one pound of methamphetamine hidden under the front passenger seat. During a post-arrest statement, Alvarez admitted he planned to deliver the methamphetamine to Artesia.
The officers then executed a search warrant at a Roswell residence where they recovered approximately three pounds of methamphetamine and $30,000, which Ruiz admitted belonged to him. After Ruiz was arrested, he admitted delivering a pound of methamphetamine to Alvarez earlier that day. Ruiz pled guilty to all three counts of the indictment on June 27, 2013.
Alvarez pled guilty to the two counts in the indictment against him on Feb. 8, 2013. He remains in federal custody pending his sentencing hearing, which has yet to be scheduled. Alvarez faces a maximum sentence of not less than five and not more than 40 years in prison when he is sentenced.
This case was investigated by the Las Cruces office of the DEA and the Chaves County Metro Narcotics Task Force and was prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office and Special Assistant U.S. Attorney Donald F. Moore, Jr., who is also an Assistant District Attorney in the 5th Judicial District Attorney’s Office.
The case was brought 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.
Armed Career Offender from Albuquerque Sentenced to Fifteen Years for Illegal Possession of AmmunitionRead the Press Release
ALBUQUERQUE – Jonathan Sandoval, 27, of Albuquerque, N.M., was sentenced today to 15 years in federal prison followed by three years of supervised release for being a felon in possession of ammunition. The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Acting U.S. Attorney Steven C. Yarbrough said that Sandoval 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.
“Today’s lengthy sentence sends a strong message to career criminals. We will continue to work aggressively with our state and local partners to hold the worst of the worst accountable for their criminal actions,” stated Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Sandoval was arrested in December 2011, on an indictment charging him with being a felon in possession of ammunition. The indictment alleged that Sandoval unlawfully possessed ammunition in Bernalillo County on Aug. 24, 2011. At the time, Sandoval was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in the 2nd Judicial District Court for the State of New Mexico: possession of a controlled substance, escape from a community custody release program, and four residential burglaries. Sandoval also had been convicted of larceny and residential burglary in the 13th Judicial District Court.
On May 20, 2013, Sandoval pleaded guilty to unlawfully possessing 30 cartridges of ammunition which were retrieved by law enforcement officers from his vehicle on Aug. 24, 2011. In entering his plea, Sandoval admitted telling the officers that the ammunition belonged to him and that he purchased the ammunition when he was at a shooting range.
Sandoval received an enhanced penalty of a mandatory minimum 15 year prison sentence because of his status as an armed career criminal. According to court filings, despite his lengthy criminal record, Sandoval was never sent to state prison for any of his prior felony convictions.
These cases were investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office. The case was prosecuted by Assistant U.S. Attorney Lynn W.Y. Wang.
Albuquerque Felons Sentenced to Federal Prison for Violating Firearms LawsRead the Press Release
ALBUQUERQUE – Two prior felons who reside in Albuquerque were sentenced this morning to lengthy federal prison terms for violating the federal firearms laws. Isaac Aragon, 32, was sentenced to 77 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. In a separate case, Joseph Rael, 40, was sentenced to 88 months in federal prison followed by three years of supervised release for unlawfully possessing a firearm and ammunition.
Acting U.S. Attorney Steven C. Yarbrough said that both men were prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence 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.
“Arresting armed violent criminals is a priority of our office. Taking the “worst of the worst” off our streets sends a message that violent behavior will not be tolerated. I am pleased with the investigative efforts of ATF, the Albuquerque Police Department and the leadership of the U.S. Attorney's Office,” stated Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Aragon was arrested in Jan. 2013 based on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. He subsequently was indicted on that same charge. According to the indictment, Aragon committed this offense in Oct. 2012, in Bernalillo County, N.M. At the time, Aragon was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in New Mexico state courts: two convictions of receiving and transferring a stolen motor vehicle; involuntary manslaughter; and aggravated fleeing from a law enforcement officer.
According to court filings, Aragon was arrested on state charges on Oct. 26, 2012, after officers responded to a call reporting drug trafficking activity at an Albuquerque residence. When the officers arrived at the residence, they arrested Aragon on outstanding state arrest warrants. Thereafter the officers executed a search warrant at the residence and seized a backpack that belonged to Aragon. The backpack contained a .22 caliber revolver, 76 rounds of ammunition, several baggies of methamphetamine, and narcotics paraphernalia. The state firearms charges were dismissed after Aragon was arrested on federal charges. Aragon entered a guilty plea to the federal indictment on Sept. 5, 2013, and admitted possessing a revolver and ammunition on Oct. 26, 2012.
Rael was arrested in June 2013 based on an indictment charging him with unlawfully possessing a firearm and ammunition on Nov. 2, 2012, in Bernalillo County, N.M. At the time, Rael was prohibited from possessing firearms or ammunition because he previously had been convicted of seven felony offenses including attempt to commit forgery, larceny, breaking and entering, false imprisonment, conspiracy to unlawfully take of a vehicle, possession of cocaine and burglary.Rael was charged based on an incident arising out of a traffic stop on Nov. 2, 2012 in Albuquerque. Rael fled in his vehicle from the scene of the traffic stop and later struck another vehicle in an intersection. After Rael was extracted from his vehicle, law enforcement officers discovered a loaded firearm on the driver’s side floorboard. In Aug. 2013, Rael pled guilty to the indictment pursuant to a plea agreement and admitted possessing a firearm and ammunition on Nov. 2, 2012.
These cases were investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office. The Aragon case was prosecuted by Assistant U.S. Attorney Kimberly A. Brawley and the Rael case was prosecuted by Assistant U.S. Attorney David M. Walsh.
Prior Sex Offender Sentenced to Fifteen Years in Prison for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Chad F. Summers, 41, of Albuquerque, N.M., was sentenced this afternoon to 15 years in federal prison followed by a lifetime of supervised release. Summers will be required to register as a sex offender after he completes his prison sentence. Summers also was ordered to pay $500 in restitution to the victim whose image is associated with Summers’ crime of conviction.
The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, Chief Pete N. Kassetas of the New Mexico State Police (NMSP) and Chief Allen Banks of the Albuquerque Police Department (APD).
Summers was arrested on Feb. 12, 2013, on a criminal complaint alleging that he received and possessed child pornography in Bernalillo County, N.M., between Aug. 2012 and Feb. 2013. The complaint also charged Summers with unlawfully possessing a firearm on Feb. 12, 2013. At the time, Summers was prohibited from possessing firearms or ammunition because he previously had been convicted of child pornography offenses in an Oregon state court. On March 5, 2013, Summers was indicted and charged with three counts of receipt of child pornography, one count of possession of child pornography, and being a felon in possession of a firearm.
On July 11, 2013, Summers pleaded guilty to Count 1 of the indictment, charging him with receipt of child pornography. In his plea agreement, Summers acknowledged that HSI, NMSP and APD executed a search warrant at his residence on Feb. 12, 2013 and seized computers and computer-related media. The search warrant was issued based on an undercover investigation by the NMSP that began in Oct. 2012, and targeted individuals who possessed, received and distributed child pornography. The investigation revealed that an IP Address which was subscribed to Summers was being used to offer child pornography images and videos through a peer-to-peer file-sharing program.
Summers acknowledged voluntarily participating in a recorded interview on Feb. 12, 2013, during which he admitted downloading child pornography images of preteens. He also admitted having a prior conviction for child pornography offenses from Oregon. In his plea agreement, Summers acknowledged that a forensic examination of his computers and computer-media uncovered more than 1600 child pornography images and videos.
This case was investigated by the Albuquerque office of HSI, NMSP and APD and was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga. 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/.
The case also was brought as a part of the New Mexico Internet 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 74 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.
Ojo Amarillo Woman Sentenced to Six Years in Federal Prison for Using a Firearm During an AssaultRead the Press Release
ALBUQUERQUE – Perfinna King, 34, an enrolled member of the Navajo Nation who resides in Ojo Amarillo, N.M., was sentenced this morning to six years in federal prison followed by three years of supervised release for using a firearm during a crime of violence. The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, 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.
King was arrested in April 2012, based on a criminal complaint charging her with assaulting her domestic partner, another Navajo woman, with a knife and a pistol on April 6, 2012. King subsequently was indicted and charged with assault with a dangerous weapon, assault resulting in serious bodily injury, and using and carrying a firearm during a crime of violence. Prosecution of this case was delayed by competency proceedings.
Court filing reflect that, in the early hours of April 6, 2012, King had an argument with the victim during which King stabbed the victim in the leg in a residence located in the Navajo Indian Reservation. Although the victim tried to get away from King by hiding in a bathroom, King dragged the victim out of the bathroom and stabbed her again. Thereafter, King shot the victim in the leg as the victim ran out of the residence in an effort to get away from King. The victim was treated for multiple stab wounds and a gunshot wound on her leg.
On November 13, 2013, King entered a guilty plea to Count 3 of the indictment and admitted using a firearm during an assault she committed on April 6, 2012.
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 Presiliano A. Torrez. The case was brought 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.
Las Cruces Man Sentenced to Ten Years in Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Agustin Abascal, 28, of Las Cruces, N.M., was sentenced this morning in Las Cruces federal court to 10 years in federal prison followed by five years of supervised release for his methamphetamine trafficking conviction.
The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Joseph M. Arabit of the El Paso Division of the DEA, Special Agent in Charge Bobby Holden of the Las Cruces/Doña Ana County Metro Narcotics Agency and New Mexico State Police Chief Pete N. Kassetas.
Abascal and Mark Anthony Harriman, 45, also of Las Cruces, were arrested in April 2013, based on a criminal complaint charging them with conspiracy to distribute methamphetamine in Doña Ana County, N.M., between Nov. 2012 and March 2013. According to the complaint, Harriman and Abascal sold quantities of methamphetamine to a New Mexico State Police officer and a DEA informant who were acting in undercover capacities during the five month period. Both men have been in federal custody since their arrests.
Abascal entered a guilty plea in July 2013, to a one-count felony information charging him with distribution of methamphetamine. In his plea agreement, Abascal admitted selling methamphetamine to an undercover officer on five separate occasions between Nov. 1, 2012 and March 7, 2013.
Harriman pled guilty in July 2013 to a two-count felony information charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm. Harriman admitted that between Feb. 6, 2013 and March 14, 2013, he obtained methamphetamine from California and sold it in Las Cruces. He also admitted selling an ounce of methamphetamine to an informant on Feb. 26, 2013. Harriman further admitted that he was returning to Las Cruces from California with two ounces of methamphetamine when he was arrested in this case.
Harriman also admitted that, when federal agents executed a search warrant at his residence, they seized nine firearms and large amounts of ammunition that belonged to him. Harriman acknowledged that he was prohibited from possessing firearms or ammunition because he previously was convicted of two felony offenses.
On October 29, 2013, Harriman was sentenced to 20 years in federal prison followed by five years of supervised release. Harriman also was ordered to forfeit the firearms and more than 1000 rounds of ammunition seized from his residence in addition to $13,940 in cash.
This case was investigated by the Las Cruces office of the DEA, the Las Cruces/Doña Ana County Metro Narcotics Agency and the New Mexico State Police, and was prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.
Kirtland, N.M., Man Sentenced to Ninety-Seven Months in Federal Prison for Sexual Assault ConvictionRead the Press Release
ALBUQUERQUE – Hareldo Horse, 31, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., was sentenced this afternoon to 97 months in federal prison followed by five years of supervised release for his sexual assault conviction. Horse will be required to register as a sex offender when he completes his prison sentence.
The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, 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.
Horse was arrested on March 11, 2013, on an indictment charging him with sexually assaulting a woman in a location within the Navajo Indian Reservation on Oct. 20, 2012. He has been in federal custody since that time. On Sept. 10, 2013, Horse pleaded guilty to the indictment and admitted inappropriately touching the victim’s genitals at a time when the victim was physically in capable of declining to participate in the sexual act.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec. 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.
Federal Jury Finds Legal Permanent Resident from China Guilty on Fraud, Immigration and Witness Tampering ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a verdict earlier today finding Hai Gan guilty on fraud, immigration and witness-tampering charges after a six-day trial. The verdict was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas Ulrich, and Chief Patrol Agent Scott A. Luck, El Paso Sector of the U.S. Border Patrol.
Hai Gan, 56, a legal permanent resident from China who resides in The Colony, Texas, was arrested on May 11, 2011, at a U.S. Border Patrol checkpoint on Interstate 25 north of Doña Ana County, N.M., when Border Patrol Agents learned that he was transporting an illegal alien. Hai Gan subsequently was indicted and charged with 51 counts of fraud in connection with identification documents, eight counts of transporting illegal aliens, three counts of money laundering and two counts of witness-tampering. The indictment also sought forfeiture of three residences owned by Hai Gan, two in Albuquerque and another in Moriarty, as well as Hai Gan’s residence in The Colony as assets used in or derived from Gan’s illegal activities.
Hai Gan’s trial began on Feb. 3, 2014 and concluded this afternoon when the jury returned a verdict of guilty on all counts.
The evidence at trial established that from Aug. 2009 to May 2011, Hai Gan engaged in a scheme to aid undocumented aliens who were not New Mexico residents in obtaining New Mexico drivers’ licenses by assisting the aliens in fabricating fraudulent documents purportedly establishing New Mexico residency; arranging for the aliens to travel to New Mexico; and assisting the aliens in securing New Mexico drivers’ licenses by fraudulently attesting that they were New Mexico residents. The evidence also established that Hai Gan advertised his services in Chinese–language newspapers, and charged each alien upwards of $3000 for his services. Hai Gan would first work with the alien to develop false residency documents using one of the residences he owned in New Mexico as the alien’s address. After sufficient fraudulent residency documentation was developed, Hai Gan typically would meet the alien at the Albuquerque airport and assist the alien in obtaining a temporary New Mexico driver’s license. When the alien’s permanent driver’s license was delivered to the address identified as the alien’s residence, Hai Gun would mail the driver’s license to the alien’s true home.
The evidence also established that Hai Gan transported undocumented aliens in Bernalillo and Torrance Counties on eight occasions between Dec. 2009 and May 2011. An undocumented alien testified that in Nov. or Dec. 2012, Hai Gan attempted to dissuade him from testifying against him by suggesting that he would be arrested if he did not relocate. The wife of another alien testified that Hai Gan called her and requested that her husband relocate or deny knowledge of Hai Gan’s criminal activities.
The jury deliberated approximately three hours before returning its guilty verdict.
Hai Gan was remanded into custody after the jury returned its verdict and remains detained pending his sentencing hearing which has yet to be scheduled. At sentencing, Hai Gan faces the following maximum penalties: 15 years in prison on each of the 51 counts of document fraud; ten years in prison on each of the eight alien transportation counts; ten years in prison on each of the three money laundering counts; and 20 years in prison on each of the witness-tampering charges. The court will render a verdict on the issue of forfeiture at sentencing.
This case was investigated Homeland Security Investigations, the U.S. Border Patrol, the Department of Homeland Security-Office of Inspector General, and HSI El Paso’s Financial Operations and Currency Unified Strike Force (FOCUS), which includes DEA, Texas Department of Public Safety, IRS Criminal Investigation and U.S. Secret Service. The case is being prosecuted by Assistant U.S. Attorneys Randy M. Castellano and Michael S. Pleters.
Anthony, N.M., Man Pleads Guilty to Unlawful Possession of a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Javier Orozco, 29, of Anthony, N.M., pleaded guilty this afternoon in Las Cruces federal court to being a felon in possession of a firearm and ammunition under a plea agreement with the U.S. Attorney’s Office.
Orozco and his brother Victor Manuel Carreon, 23, of Anthony, N.M., were arrested on Sept. 5, 2013, on a criminal complaint charging them with being felons in possession of firearms and ammunition. The two were subsequently indicted on these charges in Dec. 2013. The indictment alleged that Orozco and Carreon 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. Orozco had been convicted for shooting at a motor vehicle and aggravated assault, and Carreon previously had been convicted for possession of a controlled substance and aggravated fleeing from a law enforcement officer.
According to the criminal complaint, on June 19, 2013, Orozco and Carreon 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.
This afternoon, Orozco entered a guilty plea and admitted possessing a 9 mm handgun on June 19, 2013. Orozco has been in federal custody since his arrest in this case and remains detained pending his sentencing hearing. At sentencing, Orozco faces a maximum penalty of ten years in prison.
On Jan. 7, 2014, Carreon pleaded guilty to being a felon in possession of a firearm and ammunition without the benefit of a plea agreement. Carreon has been in federal custody since his arrest in Sept. 2013, and remains detained pending his sentencing hearing, which has yet to be scheduled. Carreon also faces a maximum penalty of ten years in prison when he is sentenced.
This case was investigated by the Las Cruces office of the FBI and the Doña Ana County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
New Mexico Farmer Sentenced to Prison for Tax Fraud, Fraudulently Collecting Farm SubsidiesRead the Press Release
ALBUQUERQUE – Bill Melot, a farmer from Hobbs, N.M., was sentenced to serve 14 years in prison today to be followed by three years of supervised release for tax evasion, program fraud and other crimes, the Justice Department, Internal Revenue Service (IRS) and U.S. Department of Agriculture’s (USDA) Office of Inspector General announced today. Melot was also ordered to pay $18,469,998.51 in restitution to the IRS and $226,526 to the USDA.
Melot was previously convicted of tax evasion, failure to file tax returns, making false statements to the USDA and impeding the IRS following a four-day jury trial in Albuquerque, N.M. According to court documents and evidence presented at trial and at sentencing, Melot has not filed a personal income tax return since 1986, and owes the IRS more than $25 million in federal taxes and more than $7 million in taxes to the state of Texas. In addition, Melot has improperly collected more than $225,000 in federal farm subsidies from the USDA by furnishing false information to the agency. Specifically, Melot provided the USDA with a false Social Security number (SSN) and a fictitious employer identification number (EIN) to collect federal farm aid.
According to court documents and evidence presented at trial, Melot took numerous steps to conceal his ownership of 250 acres in Lea County, N.M., including notarizing forged deeds and titling the property in the name of nominees. The evidence also showed that Melot used false SSNs and fictitious EINs to hide his assets from the IRS. Additionally, Melot maintained a bank account with Nordfinanz Zurich, a Swiss financial institution, which he set up in Nassau, Bahamas, in 1992, and failed to report the account to the U.S. Treasury Department as required by law.
Assistant Attorney General Kathryn Keneally for the Justice Department’s Tax Division and Acting U.S. Attorney Steven C. Yarbrough for the District of New Mexico commended the investigative efforts of IRS - Criminal Investigation and the USDA’s Office of Inspector General, as well as Tax Division Trial Attorney Jed Silversmith and former Assistant U.S. Attorney George Kraehe, who prosecuted the case. Assistant Attorney General Keneally and Acting U.S. Attorney Yarbrough also thanked the Criminal Investigation Division of the Texas Comptroller of Public Accounts for assistance in prosecuting this matter.
More information about the Justice Department’s Tax Division and its enforcement efforts is available at www.usdoj.gov/tax/.
Shiprock Man Pleads Guilty to Statutory Rape ChargeRead the Press Release
ALBUQUERQUE – Lancelot Lapahie, 26, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a statutory rape charge under a plea agreement with the U.S. Attorney’s Office.
Lapahie was arrested in Nov. 2013 on an indictment charging him with statutory rape. According to the indictment, between Aug. 2010 and Dec. 2011, Lapahie engaged in a sexual act with a minor under the age of 16 years. During today’s hearing, Lapahie pleaded guilty to the indictment.
Under the terms of his plea agreement, Lapahie will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court. He also will be required to register as a sex offender. The 24-month prison sentence will be served concurrently with a 50-month prison sentence Lapahie is serving for his conviction on assault and firearms charges.
The 50-month prison sentence was imposed on Lapahie in May 2013, following Lapahie’s guilty plea to two assault charges and a possession of an unregistered firearm charge. In entering his guilty plea to those charges, Lapahie admitted that in March 2012, he stuck a man with a baseball bat and repeatedly struck another man about the head, arms and body with a machete. The victim of the machete attack suffered multiple stab wounds and cuts to his head, face, forearm, leg and back.
This case is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety with assistance from the Navajo Nation Division of Social Services.
Accountant from Jal, N.M., Sentenced to Sixty-One Months in Federal Prison for Fraud and Identity Theft ConvictionRead the Press Release
ALBUQUERQUE – Roger L. Baeza, 32, of Jal, N.M., was sentenced earlier today to sixty-one months in federal prison followed by three years of supervised release for his conviction on securities fraud, access device fraud and aggravated identity theft charges. Baeza also was ordered to pay $501,927.10 in restitution to the victims of his crimes.
Baeza’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and New Mexico State Police Chief Pete N. Kassetas.
In Oct. 2012, Baeza was charged in an 81-count indictment which alleged 78 counts of securities fraud, one count of access device fraud and two counts of aggravated identity theft. According to the indictment, Baeza defrauded two Jal-based businesses, Lea Energy Services, LLC, and Fulfer Oil & Cattle Company, LCC, of more than $500,000 between June 2010 and Feb. 2012, while he was employed as the in-house accountant by the owners of the two businesses.
In June 2013, Baeza pled guilty to all but one count of the indictment, an aggravated identity theft charge. In his plea agreement, Baeza admitted from June 2010 to Feb. 2012, he embezzled approximately $311,960.08 from his employers’ companies by issuing checks on company accounts for cash or for goods and services for his personal use. Baeza also admitted that he covered up his fraudulent conduct by modifying the companies’ accounting records to indicate that the checks had been issued for legitimate purposes.
Baeza also admitted that from June 2010 to Feb. 2012, he used a company credit card issued in the names of his employers to receive payments and items of value in the aggregate amount of $189,267.02. Finally, Baeza admitted using his employer’s name and identity in Feb. 2011, to issue and sign a check on a company account in the amount of $5000.00 and using the money for his personal use.
This case was investigated by the Roswell office of the FBI and the New Mexico State Police, and was prosecuted by Assistant U.S. Attorney Norman Cairns.
Artesia Man Pleads Guilty to Federal Firearms and Methamphetamine Trafficking Charges Kimble Prosecuted as Part of “Worst of the Worst” Anti-Violence InitiativeRead the Press Release
ALBUQUERQUE – Bryan O’Keef Kimble, 29, of Artesia, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to six counts of a seven-count indictment charging him with federal firearms and methamphetamine trafficking charges. The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, 3rd Judicial District Attorney Mark D’Antonio and Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Acting U.S. Attorney Steven C. Yarbrough said that Kimble 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.
“Combating violent firearms crimes and the criminal use of firearms is a focus of our enforcement efforts in New Mexico,” stated ATF Special Agent in Charge Bernard J. Zapor.
Kimble was transferred from state custody to federal custody in March 2013 to face federal charges in a criminal complaint alleging that law enforcement authorities seized firearms, methamphetamine and other drugs from Kimble on two separate occasions in Aug. and Sept. 2012. In Aug. 2013, Kimble was indicted and charged with two counts of being a felon in possession of a firearm and ammunition (Counts 1 and 4); two counts of carrying a firearm in relation to a drug trafficking crime (Counts 2 and 5); two counts of possession of methamphetamine with intent to distribute (Counts 3 and 7); and one count of possession of a firearm with an obliterated serial number (Count 6).
Court records reflect that Kimble was prohibited from possessing firearms or ammunition in 2012 because he previously had been convicted of the following felony offenses: possession of a controlled substance in the 3rd Judicial District Court for the State of New Mexico (Eddy County); and being a felon in possession of a firearm and possession of a controlled substance with intent to distribute in the U.S. District Court for the District of New Mexico.
According to the criminal complaint, on Aug. 12, 2012, the Doña Ana County Sheriff’s Office arrested Kimble in Las Cruces on local charges after a deputy found a loaded handgun and methamphetamine in Kimble’s possession. During a search of Kimble’s vehicle, deputies found another firearm, more methamphetamine, marijuana and heroin. On Sept. 14, 2012, the Las Cruces Police Department and U.S. Marshals Service arrested Kimble in Las Cruces on an outstanding state warrant. At the time of this second arrest, Kimble was in possession of methamphetamine, approximately 40 pills, and $4,725 in cash; a 9 mm pistol with an obliterated serial number was later found in Kimble’s vehicle.
During today’s proceedings, Kimble entered guilty pleas to all but Count 5 of the seven-count indictment. Kimble remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
At sentencing, Kimble faces the following maximum penalties: ten years in prison for each of the two felon in possession charges (Counts 1 and 4); less than five years nor more than 40 years in prison on the first methamphetamine trafficking charge (Count 3) and up to 20 years in prison on the second methamphetamine trafficking charge (Count 7); a mandatory five years in prison for carrying a firearm in relation to a drug trafficking crime (Count 4) which must be served consecutive to the sentences imposed on the other charges; and up to five years for possession of a firearm with an obliterated serial number (Count 6).
Kimble is charged with state offenses arising out of the two incidents leading to his federal charges. The 3rd Judicial District Attorney’s Office is prosecuting those charges.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Dona Ana County Sheriff’s Office, the Las Cruces Police Department, the Las Cruces office of the U.S. Marshals Service and 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.
San Felipe Pueblo Man Sentenced to Eighty-Seven Months in Federal Prison for Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Valentino Sanchez, 24, a member of San Felipe Pueblo, N.M., was sentenced this morning to 87 months in federal prison followed by three years of supervised release for his conviction on two assault charges.
Sanchez was arrested on May 22, 2012, after investigation revealed that he had assaulted the victim, his intimate partner, by repeatedly striking and punching her on the head and back with his hands, kicking her, and striking her on the head and back with a stick. As a result of the assault, the victim suffered an orbital fracture to the right side of her face and a small traumatic subarachnoid hemorrhage to the left front part of the brain.
On Jan. 16, 2013, Sanchez pled guilty to assault with a dangerous weapon and assault resulting in serious bodily injury. In entering his guilty plea, Sanchez admitted assaulting the victim, a San Felipe Pueblo woman, with a stick on May 14, 2012. He also admitted that the victim sustained serious bodily injuries as a result of the assault. The offenses occurred on San Felipe Pueblo land.
The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Southern Pueblos Agency, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez. It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Former U.S. Marine Reservist Sentenced to Five Years for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Lee Baca, 23, a former U.S. Marine Reservist who resides in Albuquerque, N.M., was sentenced this morning to five years in federal prison followed by five years of supervised release for his child pornography conviction. Baca will be required to register as a sex offender after he completes his prison sentence.
Baca was charged on June 26, 2013, in a five-count indictment charging him with three counts of receipt of visual depictions of minors engaged in sexually explicit conduct and two counts of possession of visual depictions of minors engaged in sexually explicit conduct. According to the indictment, Baca received child pornography between Dec. 2012 and Feb. 2013, and possessed child pornography in March 2013, in Bernalillo County, N.M. Baca was arrested on June 29, 2013 by Homeland Security Investigations (HSI) agents, and has been in federal custody since that time.
On Sept. 25, 2013, Baca entered a guilty plea to Count 1 of the indictment, a receipt of child pornography charge. In his plea agreement, Baca acknowledged that the investigation leading to his arrest began in Oct. 2012, when an agent with the New Mexico Attorney General’s Office (NMAGO) working in an undercover capacity identified an IP Address that was being used to participate in the distribution of child pornography. On March 5, 2013, after investigation revealed that the IP Address was subscribed to Baca’s residence, HSI agents and officers of the Albuquerque Police Department (APD) executed a federal search warrant at Baca’s residence and seized Baca’s computers and computer-related media.
In his plea agreement, Baca admitted to participating in a voluntary interview while the search was ongoing and telling the agents and officers that he used file-sharing programs to download child pornography. Baca acknowledged that an ongoing forensic examination of his computers and computer-related media uncovered more than 2000 videos and images consistent with child pornography. Baca also acknowledged that an examination of the images and videos on his computers and computer-related media by the National Center for Missing and Exploited Children revealed 564 images and seven videos of 47 children who have been identified as child pornography victims and have been rescued.
This case was investigated by the Albuquerque office of HSI, the NMAGO and APD. The case was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga 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 case also was brought as part of the New Mexico Internet 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 74 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.Laguna Pueblo Man Pleads Guilty to Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Miles J. Riley, 32, pleaded guilty this morning to a domestic assault by a habitual offender charge, announced Acting U.S. Attorney Steven C. Yarbrough 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.
This morning, 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.
Riley has been in federal custody since his arrest and and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Riley faces a maximum sentence of ten years in federal prison.
This case was investigated by the Laguna/Acoma Agency of BIA’s Office of Justice Services and the Pueblo of Laguna Police Department and is being prosecuted by Special Assistant U.S. Attorney David Adams. It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Carlsbad Man Pleads Guilty to Hobbs Act RobberyRead the Press Release
ALBUQUERQUE – Phillip Jacob Castaneda, 28, of Carlsbad, N.M., entered a guilty plea this morning in federal court in Las Cruces to violating the Hobbs Act by robbing a business engaged in interstate commerce, announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI and Carlsbad Police Chief Kent Waller.
Castaneda was arrested on federal charges on Aug. 30, 2013, on a criminal complaint alleging that he and a juvenile accomplice robbed the Check ‘n Go store located at 2521 S. Canal Street in Carlsbad at gunpoint on June 5, 2013. According to the complaint, Castaneda, who was armed with a firearm, went behind the teller counter in the store and removed money from the tellers’ drawers while the juvenile remained near the front of the store and acted as a lookout. Castaneda and the juvenile were arrested on state charges by officers of the Carlsbad Police Department after witnesses positively identified Castaneda and the juvenile as the robbers.
Today, Castaneda entered a guilty plea to a felony information charging him with violating the Hobbs Act by robbing a business engaged in interstate commerce. In his plea agreement, Castaneda admitted robbing the Check ‘n Go in Carlsbad at gunpoint on June 5, 2013. He also admitted threatening the store’s employees with a firearm.
Castaneda has been in federal custody since his arrest in Aug. 2013, and he remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Castaneda faces a maximum penalty of 20 years in federal prison.
Under the terms of his plea agreement, Castaneda is required to enter a guilty plea in a related state case pending in the 5th Judicial District Court in Eddy County, N.M., after he is sentenced in this federal case. The sentences imposed in the two cases will run concurrently under the terms of Castaneda’s plea agreement.
The federal and state cases against Castaneda were investigated by the Roswell office of the FBI and the Carlsbad Police Department. The federal case is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office and the state case is being prosecuted by Chief Deputy District Attorney Davis R. Ruark.
Mescalero Apache Man Pleads Guilty to Statutory Rape ChargeRead the Press Release
ALBUQUERQUE – Norman Stan Chee, 21, a member of the Mescalero Apache Nation, pleaded guilty this afternoon to a statutory rape charge in federal court in Las Cruces, N.M. Chee entered his guilty plea without the benefit of a plea agreement.
Chee was arrested in Oct. 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. Today Chee entered a guilty plea to a felony information charging him with engaging in a sexual act with a minor who was at least four years younger than Chee on Feb. 21, 2012, at a location within the Mescalero Apache Reservation.
According to court filings, the BIA’s Office of Justice Services initiated an investigation into Chee in July 2012, when officers responded to a call regarding an alleged assault and saw Chee and the victim, who was 15 years old, fleeing from the site of the assault. During an interview, the victim acknowledged having engaged in sexual activity with Chee. Chee also was interviewed and admitted that he engaged in sexual acts with the victim. Chee stated that his sexual relationship with the victim began in Feb. 2012, and admitted knowing that the victim was 15 years old.
Chee is in federal custody and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Chee faces a maximum penalty of 15 years in federal prison followed by a term of supervised release to be determined by the court.
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.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Sheridan Gerard Lester, 24, a member of the Mescalero Apache Nation, pleaded guilty this afternoon to an assault charge in federal court in Las Cruces, N.M. Under the terms of his plea agreement, Lester will be sentenced to 21 months in prison followed by a term of supervised release to be determined by the court.
Lester was arrested in Aug. 2013, based on a criminal complaint alleging assault with a dangerous weapon and assault resulting in serious bodily injury. Today Lester entered a guilty plea to a felony information charging him with assault resulting in serious bodily injury and admitted assaulting another Mescalero Apache man on Nov. 27, 2012, at a location within the Mescalero Apache Reservation.
According to the criminal complaint, Lester assaulted the victim on Nov. 27, 2012, at Lester’s residence, which is located within the Mescalero Apache Reservation. Lester was intoxicated when he began quarreling with the victim and began attacking the victim with his fists. In his plea agreement, Lester admitted intentionally striking the victim about the body and in the face, causing the victim to suffer serious injuries.
Lester was in tribal custody for 302 days based on a tribal conviction related to the assault charged in the federal case before he was transferred to federal custody. Lester remains in federal custody pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Lester will receive credit for the 302 days spent in tribal custody when he is sentenced.
This case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U .S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Pleads Guilty to Robbing Wells Fargo Bank Branch at Gunpoint in September 2013Read the Press Release
ALBUQUERQUE – Mariano H. Herrera, 59, of Albuquerque, N.M., pleaded guilty this morning to armed bank robbery and firearms charges, and admitted robbing the Wells Fargo Bank branch located on 3401 Coors Blvd. NW, in Albuquerque at gunpoint on Sept. 20, 2013. Herrera entered his guilty plea without the benefit of a plea agreement.
Herrera was arrested on Sept. 20, 2013, and charged in a criminal complaint with armed bank robbery. In Oct. 2013, Herrera was indicted and charged with armed bank robbery and using a firearm in relation to a crime of violence.
Court filings reflect that on Sept. 20, 2013, a man wearing a ski mask entered the bank and drew a handgun from his pants. The masked man brandished the handgun at two bank tellers and demanded that they give him all their money. After the two tellers handed currency to the robber, he left the bank on foot and ran around the building where he got into a pickup truck. Two bank customers, who followed the robber and watched him get into the truck, called “911” and provided the truck’s license plate number.
Deputies of the Bernalillo County Sheriff’s Office proceeded to Herrera’s residence, which was listed as the address for the registered owner of the truck. The deputies arrested Herrera after one of the bank customers positively identified him as the bank robber having seen Herrera’s face as he pulled off the ski mask as he drove away from bank. Herrera then led the deputies to a toolbox that contained Herrera’s handgun and almost all the money Herrera stole from the bank.
Herrera has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Herrera faces a maximum penalty of 25 years in prison on the armed bank robbery conviction and a mandatory minimum seven years in prison on the firearms conviction which must be served consecutive to the sentence imposed on the armed bank robbery charge.
This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Non-Native Man from Albuquerque Sentenced to Prison for Assaulting a Tribal Officer on Taos PuebloRead the Press Release
ALBUQUERQUE – Dallas Chase Barth, 22, of Albuquerque, N.M., was sentenced this afternoon to 27 months in federal prison followed by two years of supervised release for assaulting an Indian with a dangerous weapon on Aug. 28, 2013, in Taos Pueblo.
Barth was arrested on Aug. 29, 2013, based on a criminal complaint charging him with assault with a dangerous weapon. According to court filings, on Aug. 28, 2013, Barth took a van belonging to a U.S. Postal Service contractor that contained U.S. mail from outside a convenience store in Espanola, N.M., and led officers from several law enforcement agencies on a high speed chase to Taos Pueblo. Barth continued speeding through Taos Pueblo lands pursued by two tribal police officers in marked police vehicles.
Barth’s escapade ended when he drove to a dead end, made a U-turn, and began driving at a high rate of speed towards the two tribal officers who were standing by their parked police vehicles. One of the tribal officers had to jump out of the way in order to avoid being hit by Barth’s van and the other tribal officer, a member of the Turtle Mountain Chippewa Tribe, narrowly escaped injury by moving towards the rear of his police vehicle. Shortly thereafter, Barth was arrested after crashing the van.
On Oct. 24, 2013, Barth pled guilty to an assault with a deadly weapon charge. In his plea agreement, Barth admitted leading a high speed chase that began in Espanola and ended in Taos Pueblo while driving recklessly and at high speeds as he attempted to flee from officers from several law enforcement agencies. Barth further admitted driving towards two tribal officers, including one who is a member of a federally recognized Indian tribe, at a high rate of speed with the intention of causing bodily harm to them without any justification or excuse.
This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services with assistance from the Taos Pueblo Department of Public Safety, the New Mexico State Police, Taos County Sheriff’s Office and Rio Arriba Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.