District of New Mexico
Press releases recorded for this federal judicial district.
U.S. Department of Labor Files Lawsuit Against St. James TearoomRead the Press Release
ALBUQUERQUE – The U.S. Department of Labor has filed a lawsuit against St. James Tearoom, Inc. and its owners, Mary Alice and Daniel Higbie, after an investigation by the Wage and Hour Division found that the defendants violated the Fair Labor Standards Act (FLSA). The lawsuit seeks to recover unpaid minimum wages, overtime, pay and liquidation damages totaling $304,000, as well as an injunction to permanently prohibit the defendants from committing future FLSA violations. The complaint was filed in the U.S. District Court for the District of New Mexico.
“When employers fail to pay the required minimum and overtime wages, it negatively impacts not just the workers and their families, but also other businesses and the community. Underpaying workers gives this business an unfair competitive edge against employers who abide by the law,” said Cynthia Watson, regional administrator for the division in the Southwest. “This lawsuit demonstrates that the department is fully committed to using all enforcement tools at its disposal to ensure that workers are paid all wages due under the laws we enforce.”
Investigators from the division’s Albuquerque District Office found that St. James Tearoom required that its dishwashers and serving staff join a tip pool, resulting in minimum wage violations. The mandatory tip pool included salaried managers, shift leaders, dishwashers, and other employees who are not eligible for tip pools, making the defendants’ entire tip pool arrangement invalid. Defendants also failed to keep accurate records of hours worked by employees, resulting in record-keeping violations.
Under the FLSA, the employer may consider tips as part of wages, but the employer must pay at least $2.13 per hour in direct wages. The employer who elects to use the tip credit provision must inform the employee in advance and must show that the employee receives at least the applicable minimum wage of $7.25 when direct wages and tip credit are combined. If an employee’s tips, combined with the employer’s direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Employees must retain all their tips, except to the extent that they participate in a valid tip pool of sharing arrangement.
Colleen B. Nabhan of the Office of the Solicitor, U.S. Department of Labor, and Assistant U.S. Attorney Michael H. Hoses of the District of New Mexico are litigating the case on behalf of the Labor Department.
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Indictment
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Rio Rancho Men Arrested on Federal Synthetic Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Roman Salsberry Huerta, 44, and Dean Tommy Cole, 23, both of Rio Rancho, N.M., made their initial appearances in federal court this morning on criminal complaints charging them with synthetic drug trafficking offenses. Both men remain in custody pending detention hearings scheduled for Dec. 9, 2013.
Huerta and Cole were arrested by DEA agents and officers of the Rio Rancho Police Department on criminal complaints charging the two with conspiracy to distribute controlled substance analogues, commonly known as “Spice,” and distribution of Spice. Huerta also is charged with possession of Spice with intent to distribute and with maintaining two drug-involved premises.
According to the criminal complaints, Huerta is the owner of Smoke World, a business located on Southern Blvd. in Rio Rancho, and Cole is employed at Smoke World. The complaints allege that Huerta sold Spice to an informant in the Smoke World premises in May 2013, and that Cole sold Spice to the informant in the premises on two occasions in summer of 2013.
The complaints state that on Aug. 8, 2013, law enforcement authorities executed a federal search warrant at Huerta’s Rio Rancho residence where they allegedly found a Spice manufacturing facility with all the equipment and ingredients necessary to manufacture and distribute Spice. The authorities also allegedly found two large caches of cash in the residence, $102,000 in a lock box hidden under dirty clothes in a hamper and $4,059 in a lock box in a bedroom closet, which they seized as alleged proceeds from the sale of Spice.
Also on Aug. 8, 2013, law enforcement authorities executed a federal search warrant at Smoke World where they allegedly seized substances believed to be Spice that were packaged for retail sale and in bulk form. The packaged substances allegedly were packaged similarly to Spice allegedly found in Huerta’s residence.
If convicted on the charges in the criminal complaints, Huerta and Cole each face maximum penalties of twenty years in prison. Charges in criminal complaints are merely accusations. Criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and the Rio Rancho Police Department and is being prosecuted by Assistant U.S. Attorney Joel R. Meyers.
Background on Designer Synthetic Drugs
Designer synthetic drugs are often marketed as herbal incense, potpourri, bath salts, jewelry cleaner, or plant food, and have caused significant abuse, addiction, overdoses, and emergency room visits. Those who have abused synthetic drugs have suffered vomiting, anxiety, agitation, irritability, seizures, hallucinations, tachycardia, elevated blood pressure, and loss of consciousness. They have caused significant organ damage as well as overdose deaths.
Smokable herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular, particularly among teens and young adults, because they are easily available and, in many cases, they are more potent and dangerous than marijuana. These products consist of plant material that has been impregnated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. Synthetic cannabinoids are sold at a variety of retail outlets, in head shops and over the Internet. Brands such as “Spice,” “K2,” “Blaze,” and “Red X Dawn” are labeled as incense to mask their intended purpose. In 2012, a report by the Substance Abuse and Mental Health Services Administration (SAMHSA) reported 11,406 emergency department visits involving a synthetic cannabinoid product during 2010. In a 2013 report, SAMHSA reported the number of emergency department visits in 2011 involving a synthetic cannabinoid product had increased 2.5 times to 28,531. The American Association of Poison Control Centers reported 5,205 calls related to human exposure of synthetic cannabinoids.
For the past several years, there has also been a growing use of, and interest in, synthetic cathinones (stimulants/hallucinogens) sold under the guise of “bath salts” or “plant food.” Marketed under names such as “Ivory Wave,” “Purple Wave,” “Vanilla Sky,” or “Bliss,” these products are comprised of a class of dangerous substances perceived to mimic cocaine, LSD, MDMA, and/or methamphetamine. Users have reported impaired perception, reduced motor control, disorientation, extreme paranoia, and violent episodes. The long-term physical and psychological effects of use are unknown but potentially severe. The American Association of Poison Control Centers reported 2,656 calls related to synthetic cathinone (“bath salts”) exposures in 2012 and overdose deaths have been reported as well.
These products have become increasingly popular, particularly among teens and young adults and those who mistakenly believe they can bypass the drug testing protocols of employers and government agencies to protect public safety. They are sold at a variety of retail outlets, in head shops, and over the Internet. However, they have not been approved by the Food and Drug Administration (FDA) for human consumption or for medical use, and there is no oversight of the manufacturing process.
Controlled Substance Analogue Enforcement Act
While many of the designer drugs being marketed today are not specifically prohibited in the Controlled Substances Act (CSA), the Controlled Substance Analogue Enforcement Act of 1986 (AEA) allows many of these drugs to be treated as controlled substances if they are proven to be chemically and/or pharmacologically similar to a Schedule I or Schedule II controlled substance.
DEA has used its emergency scheduling authority to combat both synthetic cathinones (the so-called “bath salts” with names like Ivory Wave, etc.) and synthetic cannabinoids (the so-called incense products like K2, Spice, etc.), temporarily placing several of these dangerous chemicals into Schedule I of the CSA. Congress has also acted, permanently placing 26 substances into Schedule I of the CSA in 2012.
For more information about this operation and synthetic designer drugs, visit www.dea.gov.
Rio Rancho Man Sentenced to Five Years in Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – David Garcia, 40, of Rio Rancho, N.M., was sentenced today to five years in federal prison for using and carrying a firearm in relation to a drug trafficking offense. Garcia will be on supervised release for three years after he completes his prison sentence.
Garcia was arrested in Jan. 2013 on a three-count indictment charging him with (1) being a felon in possession of a firearm and ammunition; (2) possession of methamphetamine with intent; and (3) using and carrying a firearm in furtherance of a drug trafficking crime. According to the indictment, Garcia committed these offenses on May 23, 2012. At the time, Garcia was prohibited from possessing firearms or ammunition because he previously had been convicted of conspiracy to traffic in cocaine in the 1st Judicial District Court for the State of New Mexico.
In Sept. 2013, Garcia pled guilty to count 3 of the indictment. In entering his guilty plea, Garcia admitted that on May 23, 2012, he possessed a 9mm pistol in addition to possessing methamphetamine which he intended to distribute. Garcia admitted that he possessed the pistol in order to protect himself and his methamphetamine.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rio Rancho Police Department and was prosecuted by Assistant U.S. Attorneys David M. Walsh and Louis E. Valencia.
Grant County Man Pleads Guilty to Federal Firearms ChargesRead the Press Release
ALBUQUERQUE – Javier J. Reyes, 19, of the Village of Santa Clara in Grant County, N.M., pleaded guilty in Las Cruces federal court today to firearms charges. Reyes entered his guilty plea without the benefit of a plea agreement.
Reyes and his co-defendant Gabriel Saiz, 20, of Silver City, N.M., were charged with possession of an unregistered firearm in a criminal complaint filed on March 1, 2013. The two subsequently were indicted and charged with possession of an unregistered short-barreled rifle, and possession of a firearm with an obliterated serial number. According to the indictment, Saiz and Reyes possessed a firearm made from a Mossberg .22 caliber rifle with a barrel length of less than 16 inches and an obliterated serial number on Nov. 27, 2012, in Grant County, N.M.
According to court filings, Reyes and Saiz were arrested on local charges by the Silver City Police Department on Nov. 27, 2012, in Silver City after they robbed a woman at gunpoint at approximately 7:30 p.m. that day and allegedly assaulted four individuals by brandishing a firearm at them approximately an hour later. The officers were able to apprehend Reyes and Saiz at approximately 9:00 p.m. that night because the victim of the armed robbery provided the license plate number for the vehicle in which Reyes and Reyes were driving. When the officers arrested the men, they observed a firearm on the floor board under the front passenger seat.
Reyes was released pending trial following his arrest. While on release, Reyes was arrested again on Oct. 25, 2013, on a criminal complaint charging him with receiving a firearm while under indictment. According to the complaint, Reyes was arrested on Oct. 4, 2013, on state charges at a dormitory of the Western New Mexico University campus by officers who responded to reports of a man with a gun. At the time of his arrest, Reyes had a firearm in the front waistband of his pants. Reyes has been in custody since this second arrest.
During today’s proceedings, Reyes pled guilty to the indictment charging him with possession of the unregistered short-barreled rifle with the obliterated serial number. He also pled guilty to a felony information charging him with receiving a firearm while under indictment. At sentencing, Reyes faces a maximum penalty of ten years in prison for possession of an unregistered firearm, five years in prison for possession of a firearm with an obliterated serial number, and five years in prison for receiving a firearm while under indictment. He remains in custody pending his sentencing hearing, which has yet to be scheduled.
Saiz, Reyes’ co-defendant, pleaded guilty in Sept. 2013 to both counts of the indictment. He faces a maximum penalty of ten years in prison for possession of an unregistered firearms and a maximum penalty of five years in prison for possession of a firearm with an obliterated serial number. He remains detained pending his sentencing hearing, which has not been scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Silver City Police Department and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Brothers from Thoreau Plead Guilty Fedral Assault ChargesRead the Press Release
ALBUQUERQUE – Two members of the Navajo Nation who reside in Thoreau, N.M., have entered guilty pleas to federal assault charges under plea agreements with the U.S. Attorney’s Office. Aldo Jones, 30, entered his guilty plea on Dec. 4, 2013, and his brother Eddie Jones, Jr., III, 23, entered his guilty plea yesterday afternoon.
Aldo and Eddie Jones were arrested in early Aug. 2013, based on a criminal complaint charging them with assault charges arising out of an attack on a 21-year-old Navajo man in Crownpoint, N.M., on July 28, 2013. According to court filings, Aldo and Eddie Jones assaulted the victim for failing to pay a $50 debt. Aldo repeatedly stabbed the victim in the head, upper back and right hand with a screwdriver, and both he and Eddie pummeled the victim with their fists. The victim sustained a life-threatening injury to his head where his skull was punctured. He also sustained stab wounds to his upper back and right hand and a broken nose.
Aldo and Eddie Jones subsequently were charged in a four-count indictment with assault resulting in serious bodily injury and assault with a dangerous weapon arising from the assault on the 21-year-old victim. Aldo Jones also was charged with two assault charges arising out of an attack on a second victim on July 28, 2013, in Littlewater, N.M.
On Dec. 4, 2013, Aldo Jones pled guilty to two assault charges and admitted assaulting the two victims on July 28, 2013. He admitted assaulting the first victim at approximately 5:00 p.m. by stabbing him with a screwdriver. Aldo Jones also admitted stabbing the second victim with a knife approximately two hours later when the second victim confronted him about stabbing his cousin, the first victim. At sentencing, Aldo Jones faces a maximum penalty of ten years in prison on each assault charge. He remains in custody pending his sentencing hearing, which has yet to be scheduled.
During yesterday’s proceedings, Eddie Jones entered a guilty plea to assaulting the first victim. In his plea agreement, Eddie Jones admitted beating the victim who also was stabbed by Aldo Jones. At sentencing, Eddie Jones faces a maximum penalty of ten years in prison for each assault charge. He remains in custody pending his sentencing hearing, which has yet to be scheduled.
The case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.Prior Sex Offender Sentenced to Fifteen Years and a Lifetime of Supervised Release for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – This afternoon, a federal judge sentenced John W. Vandermeer, 63, of Albuquerque, N.M., to 15 years in prison followed by a lifetime of supervised release for his child pornography charges. He also was fined $10,000.00. Vandermeer will be required to register as a sex offender after he completes his prison sentence.
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, and Chief Peter N. Kassetas of the New Mexico State Police (NMSP).
Vandermeer was arrested in Dec. 2012, on a criminal complaint alleging that he received and possessed child pornography in Bernalillo County, N.M., between Jan. 2011 and Nov. 2012. He subsequently was indicted and charged with three counts of receipt of child pornography and two counts of possession of child pornography. The indictment alleged that Vandermeer received child pornography from Jan. 2009 through April 16, 2011 and that he possessed child pornography in Dec. 2012, in Bernalillo County.
On July 30, 2013, Vandermeer entered a guilty plea to a receipt of child pornography charge. In his plea agreement, Vandermeer acknowledged that HSI and NMSP executed a search warrant at his residence on Dec. 4, 2012, and seized computers and computer-related media. The search warrant was issued based on an undercover investigation by the NMSP that began in Nov. 2012, and revealed that an IP address subscribed to Vandermeer was being used to download child pornography images and videos through a peer-to-peer file-sharing program.
During his plea hearing, Vandermeer also acknowledged voluntarily participating in a recorded interview on Dec. 4, 2012, during which he admitted downloading child pornography images and videos of prepubescent children. He also admitted having a prior conviction for raping a child under the age of 14 years and that he moved from Massachusetts to Albuquerque in 1987 after he was convicted of child rape. Vandermeer also stated that he was involved in Albuquerque theater productions involving children.
Vandermeer received an enhanced sentence of 15 years in prison because of his prior sex offense conviction. As required by plea agreement, Vandermeer was ordered to forfeit his computers and computer-related media.
This case was investigated by the Albuquerque office of HSI, the Online Predator Unit of the NMSP and the New Mexico Regional Computer Forensic Laboratory. It was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga and former Assistant U.S. Attorney Charlyn E. Rees 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 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Woman Pleads Guilty to Robbing Washington Federal Bank in September 2013Read the Press Release
ALBUQUERQUE – Maria Stovall, 49, of Albuquerque, N.M., pleaded guilty this morning to an indictment charging her with bank robbery.
Stovall was arrested on September 27, 2013, on a criminal complaint charging her with robbing the Washington Federal Bank located at 1301 Wyoming Blvd. NE, in Albuquerque that day. She subsequently was indicted on a bank robbery charge.
During today’s proceedings, Stovall entered a guilty plea to the indictment and admitted robbing Washington Federal Bank on September 27, 2013, by passing a handwritten note demanding money to a bank teller. Court filings reflect that as Stovall fled from the bank with the cash, a bank manager followed her to a nearby hospital where he confronted Stovall and took the backpack that Stovall was carrying. Stovall was arrested by officers of the Albuquerque Police Department shortly thereafter.
Stovall remains on conditions of release at a half-way house pending her sentencing hearing, which has yet to be scheduled. At sentencing, Stovall faces a maximum penalty of 20 years in prison.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.
Albuquerque Man Pleads Guilty to Federal Carjacking ChargeRead the Press Release
ALBUQUERQUE – Manuel Torrez, 33, of Albuquerque, N.M., pleaded guilty this morning to an indictment charging him with carjacking. Under the terms of his plea agreement, Torrez will be sentenced to 84 months in federal prison followed by a term of supervised release to be determined by the court.
Torrez was indicted in April 2013, and charged with using force to take an automobile from another person in Bernalillo County, N.M., on March 17, 2013. During his plea hearing, Torrez pled guilty to the indictment and admitted that on March 17, 2013, he forcefully yanked a woman out of her truck, pushed the victim to the ground after a brief struggle, took the victim’s car keys, and drove away in her truck.
Torrez was arrested on local charges shortly after the carjacking and was held in state custody until he was transferred to federal custody in July 2013. He remains detained pending his sentencing hearing, which has yet to be scheduled.
Torrez 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.
The 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, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
Prior Sex Offender Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – James Olsson, 60, of Albuquerque, N.M., pleaded guilty this morning to a two-count indictment charging him with possession of visual depictions of minors engaged in sexually explicit conduct. Under the terms of his plea agreement, Olsson will be sentenced to ten years in federal prison followed by a lifetime of supervised release. Olsson will be required to register as a sex offender after he completes his prison sentence.
The indictment charged Olsson with possession of child pornography on April 11, 2013, in Bernalillo County, N.M. According to court filings, on that day, a state probation officer learned that Olsson possessed child pornography during a routine field visit with Olsson at his residence. Olsson was on probation for failure to register as a sex offender as required by his 2009 state court conviction for possession of child pornography. Olsson was arrested on state charges that day and was in state custody until he was transferred to federal custody on June 26, 2013.
In his plea agreement, Olsson admitted that while on probation for failure to register as a sex offender, he obtained child pornography images and videos from the Internet. Olsson further admitted that he had been collecting child pornography for approximately six months prior to his arrest in April 2013.
Olsson must serve an enhanced sentence of not less than ten years in prison because of his prior child pornography conviction. Olsson has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office and the New Mexico Corrections Department Probation and Parole, and is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga.
The case was filed 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 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Jicarilla Apache Man Pleads Guilty to a Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Quentin Scott Veneno, 27, pleaded guilty this morning to a domestic assault by a habitual offender charge under a plea agreement that requires him to serve a 27 month federal prison sentence. Veneno’s guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough and Police Chief Kendall P. Vicenti of the Jicarilla Apache Tribal Police Department.
Veneno, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was arrested on Sept. 19, 2013, based on an indictment alleging that he assaulted his domestic partner, also a member of the Jicarilla Apache Nation, in Nov. 2012. Veneno was charged federally as a habitual domestic violence offender because he has two prior domestic violence convictions in the Jicarilla Apache Nation Court.
This morning, Veneno pled guilty to the indictment and admitted assaulting his intimate partner and the mother of his child by striking her in the face multiple times with a closed fist and biting her on the neck. Veneno further admitted that he committed this crime on Nov. 8, 2012, in a location within the Jicarilla Apache Reservation. Veneno also admitted that he previously was convicted on domestic violence charges on two occasions in 2009 before the Jicarilla Apache Nation Court.
Veneno has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Jicarilla Apache Tribal 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.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Deluvino Elias Salazar, 30, of Albuquerque, N.M., pleaded guilty this morning to an indictment charging him with possession of methamphetamine with intent to distribute under a plea agreement that requires the imposition of a 135-month prison sentence.
Salazar was arrested on Oct. 7, 2012, as the result of a law enforcement operation by agents of Homeland Security Investigations (HSI) and officers of the Albuquerque Police Department’s Westside Narcotics Unit. During the operation, officers observed Salazar place a plastic bag into a vehicle and get into the front passenger seat. Shortly thereafter, the officers executed a traffic stop on the vehicle and seized the plastic bag, which held three plastic containers filled with methamphetamine.
In his plea agreement, Salazar admitted that on Oct. 7, 2012, he met with an individual who, unbeknownst to him, was a confidential informant with the intention of distributing methamphetamine to him. Salazar further admitted bringing a plastic bag holding three plastic containers which contained methamphetamine to the meeting. Salazar also acknowledged that a forensic chemist determined that the plastic containers held an aggregate of 1330.89 grams of methamphetamine, including 998.16 grams of pure methamphetamine.
This case was investigated by the Albuquerque office of HSI and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorneys Holland S. Kastrin and Novaline D. Wilson.Navajo Woman Pleads Guilty to Involuntary Manslaughter Charge Arising Out of Death of Isleta Pueblo ManRead the Press Release
ALBUQUERQUE – Julisa Raelynn Sanchez, 20, an enrolled member of the Navajo Nation who resides in Peralta, N.M., pleaded guilty today to an involuntary manslaughter charge under a plea agreement with the U.S. Attorney’s Office.
Sanchez was arrested on May 22, 2013, on a criminal complaint charging her with involuntary manslaughter and assault charges arising out of a May 11, 2013, single car motor vehicle crash occurring on Isleta Pueblo lands. She subsequently was indicted and charged with involuntary manslaughter and assault resulting in serious bodily injury.
Court filings reflect that in the early hours of May 11, 2013, Sanchez lost control of the vehicle she was driving, drove the vehicle into a water-filled irrigation ditch, and slammed into a cement pillar in the Chicala lateral ditch bank in Isleta Pueblo. At the time of the crash, there were three passengers in Sanchez’s vehicle, two of whom were seriously injured, and a third, a 26-year-old Isleta Pueblo man (victim), who was pronounced dead at the scene. Sanchez was driving while intoxicated when the crash occurred.
Today, Sanchez entered a guilty plea to Count 1 of the indictment charging her with involuntary manslaughter. Sanchez admitted that she killed the victim while driving while under the influence of alcohol on May 11, 2012.
Sanchez remains on conditions of release pending her sentencing hearing, which has yet to be scheduled. Sanchez faces a maximum penalty of eight years of imprisonment followed by three years of supervised release and restitution as ordered by the Court.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Shiprock Man Sentenced to More Than Fourteen Years for Conviction on Involuntary Manslaughte, Assault and Firearms ChargesRead the Press Release
ALBUQUERQUE – Clay O’Brien Mann, 29, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this afternoon to 171 months in federal prison followed by three years of supervised release for his conviction on involuntary manslaughter, assault and firearms charges. Mann also was ordered to pay $40,003.00 in restitution to the victims of his crimes.
Mann’s 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.
Mann was arrested in July 2010, on a criminal complaint alleging that he killed a Navajo man and assaulted another Navajo man and a Navajo woman with a dangerous weapon on the Navajo Indian Reservation, on July 24, 2010. Mann subsequently was indicted and charged with first degree murder, two counts of assault with a dangerous weapon with intent to do bodily injury, two counts of assault resulting in serious bodily injury, and three counts of discharging a firearm in furtherance of an act of violence. Proceedings in the case were delayed by competency proceedings.
Trial of the case began on July 8, 2013, and concluded five days later when the jury returned a verdict finding Mann not guilty on the first degree murder charge but guilty on the lesser included charge of involuntary manslaughter. The jury also found Mann guilty on two counts of assault resulting in serious bodily injury and two counts of discharging a firearm in furtherance of an act of violence. It acquitted Mann on two counts of assault with a dangerous weapon with intent to do bodily injury and the third firearms charge. The court subsequently vacated the conviction on one of the firearms counts.
The evidence at trial established that, at approximately 4:00 a.m. on July 24, 2010, an inebriated Mann drove his car to his neighbor’s property and launched an artillery shell into the neighbor’s property where the neighbor and his friends were socializing. When Ames Joseph Jim and another man and a woman walked over to see what was going on, Mann fired a semi-automatic rifle at them, shooting Mr. Jim in the face and heart, the other man in the face and the woman in the neck. Mr. Jim died as a result of his injuries and the other two victims were seriously injured.
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.
Las Cruces Man Sentenced to Fifteen in Years in Federal Prison for Being an Armed Career CriminalRead the Press Release
ALBUQUERQUE – Christopher Albert Apalategui, 45, of Las Cruces, N.M., was sentenced earlier today to 15 years in federal prison followed by five years of supervised release for his conviction for being a felon in possession of a firearm and ammunition. Apalategui received an enhanced sentence because of his status as an armed career criminal.
Apalategui’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, 3rd Judicial District Attorney Mark D’Antonio, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Doña Ana County Sheriff Todd Garrison.
Acting U.S. Attorney Steven C. Yarbrough said that Apalategui 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.
Apalategui was arrested in May 2012, on a federal criminal complaint charging him with being a felon in possession of a firearm and ammunition. He subsequently was indicted on that same charge in Nov. 2012. According to court filings, Apalategui was unlawfully in possession of a firearm and ammunition on April 8, 2012, in Doña Ana County, N.M. At the time, Apalategui was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses, including burglary in Oregon and burglary, aggravated robbery and illegal possession of firearms in Arizona.
Court filings reflect that, in the early hours of April 8, 2012, Doña Ana County Sheriff’s deputies executed a traffic stop of a vehicle driven pulled Apalategui after learning that there was an outstanding arrest warrant for the registered owner of the vehicle. The deputies determined that Apalategui was not the owner of the vehicle, but arrested Apalategui after learning that there were three outstanding warrants for his arrest. During an inventory search of the vehicle, the deputies found a loaded .45 caliber handgun with a 10-round clip in a gun box and two plastic baggies containing a substance later determined to be heroin.
Apalategui was prosecuted by federal authorities on firearms charges and by state authorities on a heroin possession charge. In Sept. 2012, Apalategui pled guilty to a possession of a controlled substance charge in the 3rd Judicial District Court for the State of New Mexico, and is scheduled for sentencing on Dec. 3, 2013.
"Our partnership with the U. S. Attorney’s Office is integral to reducing the violence in southern New Mexico. It is imperative to remove armed felons from our community," said 3rd Judicial District Attorney Mark D’Antonio.
Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, said, “Today’s sentencing of Apalategui should serve as a harsh reminder to habitual criminals that gun crime will equal hard time. ATF will not tolerate the illegal possession of firearms by prohibited persons. I want to commend Acting U.S. Attorney Yarbrough and Doña Ana County Sheriff Todd Garrison for their partnership and support.”“Today’s sentencing reinforces the efforts of all law enforcement to work together for a common cause – to remove threats in our communities who clearly cannot function in society and obey the law,” said Doña Ana County Sheriff Todd Garrison. “Hopefully this send a message that in New Mexico, career criminals will be put out of business and in Doña Ana County, we will continue to do our part to ensure that.”
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Doña Ana County Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Casamero Lake, N.M., Man Sentenced to Federal Prison for Assaulting a Person During a Home InvasionRead the Press Release
ALBUQUERQUE – Kirby Cleveland, 29, an enrolled member of the Navajo Nation who resides in Casamero Lake, N.M., was sentenced this morning to two years in federal prison for his assault conviction. He will be on supervised release for three years after completing his prison sentence.
Cleveland was arrested in July 2012, based on a criminal complaint and subsequently indicted and charged with assault with a dangerous weapon, assault resulting in serious bodily injury, and aggravated burglary. According to the criminal complaint, on May 14, 2012, Cleveland forcefully entered into a residence located on the Navajo Indian Reservation, armed with a baseball bat and assaulted a Navajo woman.
In July 2013, Cleveland pleaded guilty to assault resulting in serious bodily injury and admitted assaulting the victim on May 14, 2012, at her family’s home. According to his plea agreement, Cleveland went to the victim’s home looking for individuals who had threatened him earlier in the day.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorneys Jacob Wishard and Novaline D. Wilson.
Alamogordo Man Sentenced to More Than Eight Years in Federal Prison for Robbing Bank in Hatch, N.M., in October 2012Read the Press Release
ALBUQUERQUE – Kenneth Morral, 32, of Alamogordo, N.M., was sentenced this morning to 100 months in federal prison followed by five years of supervised release for robbing the First New Mexico Bank in Hatch, N.M., on Oct. 19, 2012.
Court filings reflect that the First New Mexico Bank was robbed on Oct. 19, 2012, by two men who approached two bank tellers and verbally demanded money. After obtaining money from the bank tellers, the men drove away in a grey colored vehicle. On Oct. 21, 2012, U.S. Customs and Border Protection reported to the FBI the discovery of an abandoned car that matched the description of the getaway car. The FBI found evidence in the vicinity of the vehicle linking it to the bank robbery and a check of the vehicle’s VIN led investigators to Ricky J. Garcia, 49, of Los Lunas, N.M. Garcia was arrested on Oct. 22, 2012, after sources identified him as one of the men who perpetrated the bank robbery. Garcia pleaded guilty to bank robbery on Jan. 15, 2013.
Morral was identified as the other bank robber by a source on Oct. 25, 2012, and was arrested in Gallup, N.M., by the McKinley County Sheriff’s Office on Nov. 14, 2012. Morral pleaded guilty to a bank robbery charge on May 15, 2013.
Jacleen Lorraine Henderson, 30, of Los Lunas, assisted Garcia and Morral in the aftermath of the bank robbery awhen Garcia’s vehicle broke down by arranging for them to be picked up and by using proceeds of the bank robbery to purchase a vehicle and other items. Henderson was arrested on Nov. 1, 2012, and charged with being an accessory after the fact. She pleaded guilty to that charge on Jan. 29, 2013, and was sentenced on July 23, 2013, to 15 months in federal prison followed by three years of supervised release.
This case was prosecuted by Assistant U.S. Attorneys Luis A. Martinez and E. Garreth Winstead of the U.S. Attorney’s Las Cruces Branch Office, and investigated by the Las Cruces office of the FBI and the Hatch Police Department with assistance from U.S. Customs and Border Protection and the McKinley County Sheriff’s Office.
Former Las Cruces Middle School Basketball Coach Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Erik Bilal Khan, 33, of Las Cruces, N.M., pleaded guilty this morning in Albuquerque federal court to federal child pornography charges, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Richard S. Williams of the Las Cruces Police Department.
Khan pleaded guilty to a four-count superseding indictment charging him with distribution of child pornography, receipt of child pornography, possession of child pornography, and attempted production of child pornography. The guilty plea was entered under a plea agreement that permits Khan to appeal from the district court’s order denying his motion to suppress the evidence obtained from his residence as the result of a search warrant.
Khan was employed as a basketball coach at a Las Cruces middle school when he was arrested on child pornography charges in May 2012, after law enforcement officers executed a state district court search warrant at Khan’s residence and seized computer and computer-related media from Khan’s bedroom that contained images and videos of child pornography. In Nov. 2012, Khan was indicted and charged with distributing, receiving and possessing visual depictions of minors engaged in sexually explicit conduct. A superseding indictment filed in July 2013 added an attempted production of child pornography charge.
In his plea agreement, Khan admitted that from May 2009 to May 2012, he knowingly distributed images and videos of child pornography images. He also admitted knowingly receiving images and videos of child pornography from March 2008 to May 2012. Khan further acknowledged that he knowingly possessed child pornography between July 2008 and May 2012. Finally, Khan admitted that from Sept. 2009 to May 2010, he attempted to persuade a person he believed to be a minor male to produce child pornography for his (Khan’s) use. Khan communicated with the person by email and sent him videos and images of child pornography to induce him to produce child pornography images of himself. Khan committed these crimes in Dona Ana County, N.M.
Khan has been in federal custody since his arrest in May 2012 and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Khan faces a mandatory minimum of five years and a maximum of 20 years in prison on the distribution and receipt of child pornography charges. Khan also faces a maximum sentence of 20 years in prison on the possession of child pornography charge, and a mandatory minimum of 15 years and a maximum of 40 years in prison on the attempted production of child pornography charge. Khan will be required to register as a sex offender after he completes his prison sentence.
Khan also will be required to serve a term of supervised release to be determined by the court and pay restitution to the victims of his crimes as ordered by the court. Khan’s plea agreement also requires him to forfeit 66 computers, computer-related media, cellular telephones, cameras, and other electronic media seized from his residence in May 2012.
Acting U.S. Attorney Steven C. Yarbrough praised the prosecutors and investigators who worked on the case. “Thanks to the in-depth work of the HSI agents and Las Cruces officers and the excellent litigation of the prosecutors handling this case, Erik Khan faces a mandatory minimum of 15 years in federal prison for his heinous crime of trafficking in child pornography.”
“HSI special agents work diligently every day to put predators, such as this defendant, behind bars,” said Dennis A. Ulrich, Special Agent in Charge of HSI in El Paso, Texas. “Together with our state and local law enforcement partners, we continue committed to stop predators in their tracks, so that they no longer pose a threat to the most vulnerable members of our community – our children. Ulrich oversees HSI operations in the state of New Mexico and west Texas. He cautions young people to be especially cautious as to the types of images they produce of themselves and forward to others on their cellular phones.
“The Las Cruces Police Department has had a good working relationship with agents from Homeland Security Investigations and this case is a direct result of those strong ties. We are pleased to see the adjudication of this case, and will continue to work with HSI in an effort to keep our community safe,” said Chief Richard I. Williams of the Las Cruces Police Department.
The case against Kahn was investigated by the HSI, the Las Cruces Police Department and the New Mexico Internet Crimes Against Children (ICAC) Task Force. The case is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office and Trial Attorney Ravi Sinha of the Justice Department’s Child Exploitation and Obscenity Section. Assistant U.S. Attorney Cynthia L. Weisman is handling the related forfeiture proceedings.
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 www.justice.gov/psc/.
The case also received support from the New Mexico ICAC Task Force, whose mission is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the New Mexico 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.
Curry County Quartet Indicted on Federal Methamphetamine Trafficking, Money Laundering and Firearms ChargesRead the Press Release
ALBUQUERQUE – Last week, a federal grand jury returned an indictment charging four alleged members of a methamphetamine trafficking organization operating out of Curry County, N.M. The indictment was unsealed after the arrests of Michael Montoya, 35, and Dianna Hernandez-Trujillo, 22, of Clovis, N.M., and Alexander J. Page, 26, of Tucumcari, N.M., during a multi-agency law enforcement operation on Nov. 22, 2013. The fourth defendant, Brian F. Acuna, 22, is in state custody on unrelated charges, and will be transferred to federal custody to face the charges in the indictment.
The indictment 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, Special Agent in Charge Dawn Mertz of the Phoenix Field Office of IRS Criminal Investigation, Lt. Michael Reeves of the Curry County Drug Task Force, Curry County Sheriff Matt Murray, Chief Steve Sanders of the Clovis Police Department, and New Mexico State Police Chief Pete N. Kassetas.
The six-count indictment, which alleges narcotics trafficking, money laundering and firearms crimes, is the result of an investigation by the FBI, IRS Criminal Investigation, Curry County Drug Task Force, Curry County Sheriff’s Office, New Mexico State Police and Clovis Police Department that began in Aug. 2011. Officers seized and obtained approximately seven kilograms of methamphetamine during the investigation. They also seized approximately $104,446.00 in cash while executing a search warrant during Friday’s law enforcement operation.
Count 1 of the indictment charges all four defendants with conspiring to distribute methamphetamine in Curry County and other places in New Mexico from Oct. 2007 through Nov. 2013. Counts 2 through 4 charge Montoya with distributing methamphetamine in Curry County in Oct. 2011, Montoya, Acuna and Hernandez-Trujillo with distributing methamphetamine in Cibola County in March 2012, and Montoya and Page with distributing methamphetamine in Socorro County in Nov. 2012. Count 5 charges Montoya with money laundering for allegedly using more than $59,000.00 in drug proceeds to purchase real estate in Clovis, and Count 6 charges Acuna with using and carrying a firearm in relation to a drug trafficking offense.
The maximum penalty for a conviction on each of the four methamphetamine trafficking counts is imprisonment for not less than ten years or more than life and a $10,000,000 fine. The maximum penalty for a conviction on the money laundering count is ten years in prison and a $250,000 fine, and the penalty for a conviction on the firearms count is a five year term of imprisonment to run consecutive to any other term prison sentence imposed on the related drug trafficking crime. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This morning Hernandez-Trujillo entered a not guilty plea to the indictment and was released pending trial under conditions including pretrial services supervision. Montoya and Page are scheduled to make their initial appearances in federal court in Roswell, N.M., tomorrow.
In announcing the indictment Acting U.S. Attorney Steven C. Yarbrough said, “I am proud of being part of an operation that is a significant step in improving public safety in Curry County. Together with our law enforcement partners, we will continue our relentless pursuit of meth trafficking rings that operate in our communities throughout New Mexico.”
“Methamphetamine, as Friday’s law enforcement action demonstrates, is not just a big city problem in New Mexico. Even our rural communities can be victimized,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division. “The FBI is committed to working closely with our federal, state and local partners to investigate and disrupt drug trafficking organizations, no matter where they are. I would like to thank the FBI Special Agents involved in this case, as well as the U.S. Attorney's Office, IRS Criminal Investigation, the New Mexico State Police, the Curry County Sheriff's Office, Clovis Police Department and the Curry County Drug Task Force.”
“Laundering illegal drug profits is essential to any narcotics organization. IRS Criminal Investigation is proud to provide our financial expertise while working alongside our law enforcement partners with the common goal of dismantling drug trafficking operations,” said Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Lt. Michael Reeves of the Curry County Drug Task Force added, “Friday’s arrests would not be possible without the consistent, cooperative, effort among local, state and federal agencies over the course of many years. The citizens and law enforcement officers battling illegal drugs in our area have a stake in this case, and contributed to this case. The arrest of Michael Montoya, and the dismantling of this methamphetamine trafficking organization, will contribute to better quality of life in our community.”
“For many years, drug traffickers have been a scourge to our community by supplying and trafficking large quantities of illicit drugs,” said Curry County Undersheriff Wesley Waller. “The damage these individuals have inflicted is immeasurable. The arrests of Michael Montoya and his alleged criminal organization are a culmination of the extensive and undying efforts by numerous dedicated narcotics investigators in the Clovis area, and a joint action by city, county, state and federal law enforcement. ”
“I am pleased to see our Federal Partners and the Metro Drug Task Force Agents working in collaboration in identifying and solving the crimes associated with a large narcotics trafficking network,” said Clovis Police Chief Steve Sanders. “After a long, intense and thorough investigation, this will no doubt have a large impact on the narcotics crimes here in Clovis and Curry County. I want to thank everyone involved for their dedication and relentless efforts to ensure this network is dismantled, thus making our communities safer places to live, work and play in.”
“The New Mexico State Police actively participate in federal, county, and municipal initiatives that result in safer communities for our residents,” said New Mexico State Police Chief Pete N. Kassetas. “The New Mexico State Police supports soft and hard measures to prevent the purchase, manufacture, distribution, of methamphetamine; and any other method to combat this illicit drug from the dangers it presents to our New Mexico communities.”
Assistant U.S. Attorney Sean J. Sullivan is prosecuting the case, which was investigated by the Roswell office of the FBI, the Albuquerque office of IRS Criminal Investigation, Curry County Drug Task Force, Curry County Sheriff’s Office, New Mexico State Police and Clovis Police Department, with assistance from the Portales Police Department, Socorro County Sheriff’s Office, the DEA and the ATF office in Los Angeles. In addition to the investigating agencies already identified, the following law enforcement agencies participated in Friday’s law enforcement operation: the Albuquerque offices of the FBI and DEA, the U.S. Marshal’s Service, and the Lubbock County Sheriff’s Office.
The investigation leading to the indictment in this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. The OCDETF program is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Albuquerque Man Sentenced for Robbing Bank of Albuquerque Branch in May 2013Read the Press Release
ALBUQUERQUE – Richard Sedillo, 36, of Albuquerque, N.M., was sentenced earlier today to 51 months in federal prison followed by three years of supervised release for his bank robbery conviction.
Sedillo was arrested on May 30, 2013, based on a criminal complaint charging him with bank robbery, and subsequently was indicted on the same charge on June 12, 2013. According to the indictment, Sedillo robbed the Bank of Albuquerque branch located in the Albertson’s Supermarket at 10131 Coors Blvd. NE in Albuquerque, on May 30, 2013.
On Aug. 26, 2013, Sedillo entered a guilty plea to the indictment. In his plea agreement, Sedillo admitted that on May 30, 2013, he approached a bank teller at the Bank and handed the teller a note that “told the teller to hand me money or else I would shoot.” After the teller gave money to Sedillo, Sedillo left the Bank.
Court records reflect that the teller observed Sedillo get into a truck and provided the truck’s license plate number to law enforcement authorities. That information led to Sedillo’s arrest later that day as well as the recovery of most of the money taken by Sedillo during the bank robbery.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Paige Messec.Chief Deputy of Bernalillo County Sheriff’s Office Assumes Leadership of Multi-Agency Intelligence Sharing NetworkRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney Steven C. Yarbrough and Bernalillo County Sheriff Dan Houston announced that Jessica A. Tyler, Chief Deputy of the Bernalillo County Sheriff’s Office, has been elected Chairwoman of the Rio Grande Law Enforcement Information Exchange (LInX) Advisory Group. Deputy Chief Tyler replaces Chief Julian Gonzales of the Bernalillo Police Department, who is retiring after 37 years in law enforcement.
Rio Grande LInX is a federal initiative sponsored by the U.S. Attorney’s Office and the Naval Criminal Investigative Service that facilitates electronic sharing of law enforcement information among 41 federal state and local law enforcement agencies in New Mexico and west Texas. The LInX initiative provides participating partner agencies with secure access to regional crime and incident data and the tools needed to process it, enabling investigators to search across jurisdictional boundaries to help solve crimes and resolve suspicious events. There are nine LInX regions, including the Rio Grande LInX, throughout the United States with over 760 partner agencies.
Deputy Chief Tyler is the first woman to hold the rank of Chief Deputy in the Bernalillo County Sheriff’s Office. She began her law enforcement career as a patrol officer with the department in 2000 and was named to her current position earlier this year. In addition to working in the Crimes Against Children Unit, she served as the department’s training coordinator and spent time as a member of the SWAT team as a crisis negotiator. Deputy Chief Tyler also has served as commander of the internal affairs unit, field services division and criminal investigations division during her career with the Bernalillo County Sheriff’s Office.
Acting U.S. Attorney Steven C. Yarbrough praised the selection of Deputy Chief Tyler as the new leader of the Rio Grande LInX Advisory Group and said, “Chief Deputy Tyler has long been a tremendous asset to our law enforcement community. Throughout her distinguished career with the Sheriff’s Office, she has supported numerous local Department of Justice criminal justice initiatives, including Operation Weed and Seed, Project Safe Neighborhoods, and violence reduction training and outreach programs. I am grateful to Sheriff Dan Houston for his support and the nomination of his Chief Deputy to lead the Rio Grande LInX Advisory Group which provides nationwide support to the law enforcement community.”
“It is an honor for the Bernalillo County Sheriff's Office to provide a leader for this important initiative with the appointment of Chief Deputy Tyler,” said Bernalillo County Sheriff Dan Houston. “Her dedication to the profession of law enforcement is evidenced by her level of education as she has a Master’s Degree in Public Administration. I know she will continue to lead this initiative with the same professionalism as her predecessor.”
Albuquerque Man Facing Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Joshua Iben, 21, of Albuquerque, N.M., entered a not guilty plea in federal court this morning on a criminal complaint charging him with distribution, receipt and possession of visual depictions of minors engaged in sexually explicit conduct. Iben will remain in federal custody pending trial.
Iben was arrested yesterday based on an FBI investigation that began in July 2013 and revealed that an IP address subscribed to Iben’s residential address allegedly was being used to share child pornography images. According to the criminal complaint, on Nov. 20, 2013, FBI agents executed a federal search warrant at Iben’s residence and seized computers and computer-related media. A preliminary forensic examination of a laptop computer taken from Iben’s residence revealed that it contains images consistent with child pornography.
If convicted of the charges in the criminal complaint, Iben faces a federal prison term of not less than five years and not more than 20 years. If convicted, Iben also would be required to register as a sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Mark T. Baker 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/.
Roswell Man Sentenced to Prison for Unlawful Possession of FirearmsRead the Press Release
ALBUQUERQUE – Harley Harkness, 41, of Roswell, N.M., was sentenced today to 30 months in federal prison for his unlawful possession of firearms. Harkness will be on supervised release for two years after he completes his prison sentence.
Harkness was arrested in March 2013, on a criminal complaint charging him with unlawful possession of firearms and possession of a stolen firearm. According to the criminal complaint, Harkness committed these offenses on Jan. 13, 2013. At the time, Harkness was prohibited from possessing firearms or ammunition because he previously had been convicted of the following offenses in the 5th Judicial District Court for the State of New Mexico: residential burglary and tampering with evidence in Oct. 2001 and battery against a household member in Oct. 2003.
Court filings reflect that the federal charges against Harkness arose out of a domestic violence incident on Jan. 13, 2013. On that day, Roswell Police Department officers responded to a domestic violence call from Harkness’s wife who reported that Harkness hit her and pointed a firearm at her. When the officers executed a search warrant at the Harkness residence in Roswell, they found a .22 caliber rifle, two loaded pistols and ammunition.
In June 2013, Harkness pled guilty to a felony information charging him with being a felon in possession of a firearm and admitted that he unlawfully possessed the rifle and two pistols on Jan. 13, 2013, in Chaves County, N.M.
This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.Navajo Man Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Ronald Martinez, 40, an enrolled member of the Navajo Nation who resides in Borrego Pass, N.M., entered guilty pleas this afternoon to two aggravated child sex abuse charges. Under the terms of his plea agreement, Martinez will be sentenced to 42 months in federal prison followed by a term of supervised release to be determined by the court. Martinez will be required to register as a sex offender after he completes his prison sentence.
Martinez was arrested in April 2013, on an indictment charging him with two counts of aggravated sexual abuse and two counts of abusive sexual contact. According to the indictment, between 1996 and 2002, Martinez aided and abetted sexual contact and abuse with two child victims who had not attained the age of 12 years on the Navajo Indian Reservation.
Today, Martinez pleaded guilty to the two aggravated child sexual abuse charges. According to Martinez’s plea agreement, in Sept. 2011, a 17-year-old reported being sexually abused by Martinez when the victim was five or six years old. The victim also reported that Martinez also abused another child during that same period in time. Martinez admitted abusing the two child victims by directing another child to sexually abuse and to sexually assault the two child victims. Martinez also admitted threatening the two child victims so that they would not reveal the abuse. Martinez also admitted that the child who abused the child victims did so after being threatened by Martinez.
Martinez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez. 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/.
Carlsbad Man Sentenced to Ten Years in Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Eric Lee Crabb, 42, of Carlsbad, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to ten years in 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 DEA’s El Paso Division, and Commander Carroll Caudill of the Pecos Valley Drug Task Force.
Crabb was arrested on Jan. 14, 2013, on a federal criminal complaint alleging methamphetamine trafficking charges. He has been in federal custody since that time. According to the complaint, Crabb was arrested outside a Carlsbad motel on Dec. 27, 2012, for violating the conditions of his supervised release. Officers found that Crabb was in possession of methamphetamine when they searched him following his arrest. Officers found additional methamphetamine when they searched Crabb’s motel room and vehicle.
On April 11, 2013, Crabb entered a guilty plea to a felony information charging him possession of methamphetamine with intent to distribute. In entering his guilty plea, Crabb admitted giving officers permission to search his motel room and vehicle on Dec. 27, 2012. Crabb also admitted that the 136.16 grams of pure methamphetamine seized by the officers during those searches belonged to him and that he intended to distribute the drugs.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force, and was prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia 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.
Phoenix, Arizona Man Faces Federal Child Sexual Exploitation Charges in New MexicoRead the Press Release
ALBUQUERQUE – Noah John Carney, 19, of Phoenix, Ariz., made his initial appearance in federal court in Las Cruces, N.M., on a criminal complaint charging him with enticing a minor to engage in explicit conduct and attempting to induce a minor to produce child pornography.
According to the criminal complaint, in Aug. 2013, a 13-year-old child (child victim) began “chatting” with Carney on her cellular telephone after meeting him through an Internet game. Carney allegedly told the child victim that he was a 19-year-old man and learned that the child victim was 13-years-old. Over the next two weeks, Carney allegedly asked the child victim to send him naked photos of herself. Carney also allegedly emailed a nude photo of himself to the child victim. The complaint further alleges that Carney instructed the child victim on how to access and view pornography on the Internet. Carney also allegedly inquired about meeting the child victim at hotels near her home for the purpose of engaging in sexual conduct.
According to the complaint, the FBI performed a search of the child victim’s cellular telephone and Kindle device, and found Carney’s nude photo and some of the “chats” between Carney and the child victim. In mid-Sept. 2013, the Albuquerque Police Department (APD) joined the FBI’s investigation and an APD officer assumed the child victim’s on-line identity and began communicating with Carney. During an Oct. 3, 2013 “chat,” Carney allegedly asked the officer who was posing as the child victim for a sexually explicit photo, and on the following day, Carney allegedly sent the officer a video of an adult engaged in sexually explicit conduct.
Carney was arrested in Phoenix by the FBI on Oct. 24, 2013, and was transferred to Las Cruces yesterday. If convicted on the charges in the complaint, Carney faces a federal prison sentence of not less than 25 years and not more than 50 years. If convicted, Carney also would be required to register as a sex offender. Carney faces enhanced penalties because he previously was convicted of a sex-related offense. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the FBI and APD, and is being prosecuted by Special Assistant U.S. Attorney Anna Wright of the U.S. Attorney’s Las Cruces Branch Office. The case was filed 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/.
Ohkay Owingeh Woman Pleads Guilty to Assaulting Tribal OfficerRead the Press Release
ALBUQUERQUE – Crystal Torres, 27, pleaded guilty this morning to an assault with a dangerous weapon charge under a plea agreement with the U.S. Attorney’s Office.
Torres, a member and resident of Ohkay Owingeh Pueblo, was arrested on Feb. 14, 2013, on an indictment charging her with (1) assaulting a woman with a hammer, and (2) assaulting a man with a knife. According to the indictment, both offenses occurred on Jan. 22, 2012, on Ohkay Owingeh Pueblo lands. Court filings reflect that the victim of the second assault was an officer of the Ohkay Owingeh Tribal Police Department.
This morning, Torres pled guilty to the second count of the indictment charging her with assault with a dangerous weapon, a knife. According to Torres’s plea agreement, on Jan. 22, 2012, tribal officers were dispatched to Torres’s residence on Ohkay Owingeh Pueblo. When the officers arrived, they observed Torres running towards a road and into traffic. When the victim attempted to catch Torres to get her out of the lane of traffic after three vehicles nearly struck her, Torres pulled out a hunting knife and advanced toward the victim, ignoring the victim’s commands that she drop the knife.
Under the terms of the plea agreement, Torres faces a sentence of 24 months in federal prison but retains the right to request a lower sentence. Torres remains on conditions of release pending her sentencing hearing, which has yet to be scheduled.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Laguna Pueblo Man Pleads Guilty to Assaulting Intimate Partner Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native WomenRead the Press Release
ALBUQUERQUE – Edwin Cheromiah, 28, pleaded guilty this morning to assaulting his intimate partner under a plea agreement that requires him to serve a 72-month federal prison sentence. Cheromiah’s guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Police Chief Vincent M. Mariano of the Acoma Tribal Police Department.
Cheromiah, a member and resident of Laguna Pueblo, was arrested on Sept. 12, 2013, on an indictment charging him with assault resulting in serious bodily injury; assault with a dangerous weapon; and possessing and brandishing a firearm during a crime of violence.
This morning, Cheromiah pled guilty to a two-count felony information charging him with assault with a dangerous weapon and assault of an intimate partner by strangling and suffocation. In entering his guilty plea, Cheromiah admitted that on Dec. 27, 2010, he assaulted his intimate partner, an Acoma Pueblo woman, by placing a rifle into the mouth of the victim and threatening to kill her. He further admitted assaulting the victim by strangling her and attempting to suffocate her.
Cheromiah has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. The indictment against Cheromiah will be dismissed after sentence is imposed.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
This case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Moriarty Man Sentenced to Fourteen Years for Robbing Two Albuquerque-Area Banks in July 2012Read the Press Release
ALBUQUERQUE – Georges Marius Hyatt, 47, of Moriarty, N.M., was sentenced earlier today to 14 years in federal prison followed by three years of supervised release for his bank robbery conviction and for violating the terms of his supervised release on prior convictions. Hyatt also was ordered to pay restitution to the banks that were the victims of his criminal conduct.
Hyatt was arrested on July 18, 2012 on a criminal complaint charging him with robbing the New Mexico Federal Credit Union branch at 6501 Indian School Road NE in Albuquerque on July 16, 2012. According to the criminal complaint, Hyatt was identified as the bank robber by an official with the U.S. Probation Officer who saw photographs taken by the Credit Union’s surveillance cameras in the media. The official notified the FBI that a warrant had been issued for Hyatt’s arrest for violating the conditions of his supervised release. Hyatt was arrested after the victim bank teller positively identified him as the bank robber.
On March 23, 2013, Hyatt pled guilty to a four-count felony information charging him with (1) robbing the Credit Union on July 16, 2012; (2) robbing the Bank of the West branch located at 5401 Gibson Blvd. SE in Albuquerque on July 17, 2012; (3) possessing a firearm in furtherance of a crime of violence; and (4) being a felon in possession of a firearm. In entering his guilty plea, Hyatt admitted that he previously had been convicted on bank robbery charges in the U.S. District Court for the District of New Mexico.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Jon K. Stanford.Laguna Pueblo Man Pleads Guilty to Statutory Rape ChargeRead the Press Release
ALBUQUERQUE – Joshua Waconda, 21, a member and resident of Laguna Pueblo, entered a guilty plea this morning to an indictment charging him with sexual abuse of a minor under a plea agreement with the U.S. Attorney’s Office.
Waconda was arrested in Nov. 2012, on an indictment charging him with engaging in a sexual act with a child under the age of 16 years in Aug. 2011, on Laguna Pueblo lands. During today’s proceedings, Waconda pleaded guilty to the indictment.
At sentencing, which has yet to be scheduled, Waconda faces a maximum sentence of 15 years in prison followed by a term of supervised release to be determined by the court. Waconda will be required to register as a sex offender after he completes his prison sentence.
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 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/.
Gallup Man Sentenced to Ten Years in Federal Prison for Second Degree Murder ConvictionRead the Press Release
ALBUQUERQUE – Thomas Benally, 53, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was sentenced to ten years in federal prison followed by two years of supervised release for his second degree murder conviction. Benally’s co-defendant, Luke Spencer, 48, a Navajo man who also resides in Gallup, was sentenced to 37 months in federal prison followed by two years of supervised release for his involuntary manslaughter conviction. The two men were ordered to pay $3,442.34 in restitution to cover funeral costs for the victim of their crimes.
Benally and Spencer were indicted in March 2012 in an indictment charging Benally with second degree murder and Spencer with aiding and abetting second degree murder. According to the indictment, Benally, aided by Spencer, killed a man while driving under the influence of alcohol on the Navajo Indian Reservation between Oct. 1, 2010 and Oct. 2, 2010.
In June 2013, Benally entered a guilty plea to a second degree murder charge and admitted that on the night of Oct. 1, 2010 or the early hours of Oct. 2, 2010, he drove Spencer’s truck while severely intoxicated. He further admitted that, while backing up, he ran over a 71-year-old Navajo man. Benally also admitted that he and Spencer, who was in the passenger’s seat, drove away in the truck without making any effort to check on the victim’s condition or calling the authorities to report the accident. The victim died of injuries he sustained and his remains were found by a passerby on Oct. 7, 2010.
In May 2013, Spencer pleaded guilty to a felony information charging him with involuntary manslaughter and admitted that he permitted Benally to drive his truck while intoxicated.
This case was prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Jack E. Burkhead based on an investigation by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.
Albuquerque Woman Sentenced to Eight Years for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Reyna Carizoza, 51, a Mexican national illegally in the United States, was sentenced this morning to 97 months in prison followed by four years of supervised release for her methamphetamine trafficking conviction. Carizoza will be deported after she completes her prison sentence.
Carizoza was arrested on a criminal complaint in April 2013, after law enforcement officers found methamphetamine in her vehicle following a traffic stop. She subsequently was indicted and charged with possession of methamphetamine with intent to distribute.
Court records reflect that the FBI initiated an investigation into Carizoza in April 2013, after an informant identified her as an Albuquerque-area drug trafficker. On April 26, 2013, the FBI directed the informant to make several recorded telephone calls to Carizoza during which the informant negotiated to buy four ounces of methamphetamine from Carizoza. Thereafter, law enforcement officers executed a traffic stop of Carizoza’s vehicle. After a narcotics canine “alerted” to the passenger side of the vehicle, officers found a bag containing approximately 64.7 grams of methamphetamine hidden in a toy that was in the vehicle. Carizoza was arrested and has been in federal custody since that time.
This case was investigated by the FBI’s Albuquerque Cross Border Drug Violence Hybrid Squad and the Bernalillo County Sheriff’s Office and was prosecuted by Assistant U.S. Attorneys Holland S. Kastrin and Lynn W.Y. Wang.
Ojo Amarillo Woman Pleads Guilty to 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., pleaded guilty to using a firearm during a crime of violence. Under the terms of her plea agreement, King will be sentenced to six years in federal prison 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 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.
According to court filings, 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.
During today’s proceedings, 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. King has been in federal custody and remains detained pending her sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and is being 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.
Former Albuquerque Police Department Officer Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Nelson Begay, 32, of Albuquerque, N.M., was arrested this afternoon on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct. Shortly before his arrest, Begay resigned from his position as an officer of the Albuquerque Police Department. Begay is scheduled to make his initial appearance in federal court tomorrow morning.
The arrest 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, and New Mexico Attorney General Gary K. King.
According to the criminal complaint, in Sept. 2013, a special agent with the New Mexico Attorney General’s Office (NMAGO) identified an IP address that was being used share files containing child pornography while conducting an investigation targeting those who share child pornography on peer-to-peer file sharing networks. Subsequent investigation revealed that the IP address was subscribed to Begay at a residential address in northeast Albuquerque.
The criminal complaint states that on Nov. 7, 2013, HSI and other agencies participating in the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a federal search warrant at Begay’s residence and seized computers and computer-related media. A preliminary forensic examination of a laptop computer taken from a bedroom allegedly used by Begay recovered more than 30 images consistent with child pornography.
If convicted of the charges in the criminal complaint, Begay faces a federal prison term of not less than five years and not more than 20 years. If convicted, Begay also would be required to register as a sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.HSI Special Agent in Charge Dennis A. Ulrich, II, expressed his appreciation to Chief Allen Banks of the Albuquerque Police Department for the Department’s cooperation in the investigation of this case.
This case was investigated by the Albuquerque office of HSI and the New Mexico Attorney General’s Office, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
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Indictment
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Lonnie Dean Sentenced to Twenty Years in Federal Prison for Trafficking Methamphetamine in Valencia County and Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Lonnie Dean, 48, of Belen, N.M., was sentenced this afternoon to 20 years in federal prison followed by five years of supervised release for his conviction on methamphetamine trafficking and assault on a federal officer charges. Dean’s 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, and Chief Roy E. Melnick of the Los Lunas Police Department.
Dean was one of twelve individuals from Valencia and Socorro Counties charged with federal methamphetamine trafficking charges in May and June 2011, following a 16-month investigation led by the DEA and the Los Lunas Police Department. The investigation, code-named “Vanilla Sky,” was pursued under the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide initiative that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated attack against major drug trafficking and money laundering organizations.
According to court filings, Dean was part of a large scale methamphetamine trafficking organization that operated in Valencia County. Between March 2010 and May 2011, members of the organization conspired to sell ounce quantities of methamphetamine to undercover DEA agents on at least ten separate occasions. They sold more than a pound of methamphetamine to the undercover DEA agents during a 14-month period.On April 2, 2013, Dean pled guilty to conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, and assaulting a federal officer with a dangerous weapon. In entering his guilty plea, Dean admitted conspiring with others to distribute methamphetamine in Los Lunas and Belen, and assaulting a federal officer as he attempted to avoid arrest.
More specifically, Dean admitted that on May 26, 2011, he drove to a gas station in Belen for the purpose of selling methamphetamine to another person. As Dean was talking to his customer, DEA agents approached Dean and attempted to arrest him. One DEA agent, who had blocked Dean’s car from the front, exited his car and was moving on foot to a better tactical position with his gun and badge drawn, while another DEA agent parked his vehicle behind Dean’s car to block Dean in. Dean admitted that, instead of surrendering, he put his car into reverse and hit the DEA agent’s car causing it to go backward. Dean then put his car into drive and drove forward, missing the DEA agent only because the agent jumped to the side to avoid being struck. Less than a minute later, Dean drove into a road and entered an intersection where he struck a car driven by Roberta Torres, a 40-year-old resident of Belen, who died as a result of the injuries she sustained in the crash.
Dean faces several state charges, including a vehicular homicide charge, relating to Ms. Torres’ death in the 13th Judicial District Court for the State of New Mexico. Dean has entered a not guilty plea to the state charges.
Seven other defendants have entered guilty pleas in federal cases filed as a result of Operation Vanilla Sky. Three defendants have pleaded not guilty and are scheduled for trial on Nov. 18, 2013. The remaining defendant, Arturo Acosta-Astorga, has yet to be arrested and is considered a fugitive. The charges against the defendants pending trial and the fugitive are merely accusations and they are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the DEA and the Los Lunas Police Department and is being prosecuted by Assistant U.S. Attorneys Nicholas J. Ganjei and Joel R. Meyers.
Habitual Domestic Violence Offender Pleads Guilty to Assaulting Pregnant GirlfriendRead the Press Release
ALBUQUERQUE – Tayah Edwards, 40, pleaded guilty this morning to a felony information charging him with assault resulting in serious bodily injury and domestic assault by a habitual offender. Under the terms of his plea agreement, Edwards will be sentenced to 70 months in federal prison 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 Albuquerque Division of the FBI, and Director John Billison of the Navajo Nation Division of Public Safety.
Edwards, an enrolled member of the Navajo Nation who resides in Cudei, N.M., was arrested in Aug. 2013, based on a criminal complaint alleging that he assaulted his domestic partner with dangerous weapons, including a stick, a knife and a rock. According to court filings, the assault occurred at a location within the Navajo Indian Reservation on Aug. 20, 2013. The victim, who was pregnant, sustained numerous injuries, including a compound fracture to her left leg, a large scalp laceration and multiple contusions, as a result of the assault.
This morning, Edwards pled guilty to assaulting his intimate partner by striking her in the head and face numerous times and hitting her repeatedly with a stick and a rock. In his plea agreement, Edwards acknowledged that the victim, who was 35 weeks pregnant with the couple’s child at the time of the assault, sustained serious injuries as a result of the assault. Edwards also admitted that he previously has been convicted on at least two occasions for assaulting his spouse or intimate partner in Utah state courts.
Edwards has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. The case is being prosecuted by Special Assistant U.S. Attorney David Adams pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project which is sponsored by the Justice Department’s Office on Violence Against Women, and seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Former Children’s Minister Sentenced to Ninety-Seven Months in Federal Prison for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Derek M. Schwartzrock, 35, of Albuquerque, N.M., was sentenced this morning to 97 months in federal prison followed by a lifetime of supervised release for his child pornography conviction. Schwartzrock will be required to register as a sex offender after he completes his prison sentence.
Schwartzrock’s 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, and Chief Pete N. Kassetas of the New Mexico State Police (NMSP).
Schwartzrock was arrested by HSI and the NMSP on April 3, 2013, on a criminal complaint alleging that he received and possessed child pornography in Bernalillo County, N.M. At the time, Schwartzrock was a children’s minister in an Albuquerque-area church. He has been in federal custody since his arrest. On April 24, 2013, Schwartzrock was indicted and charged with three counts of receipt of child pornography and two counts of possession of child pornography.
On July 9, 2013, Schwartzrock entered a guilty plea to Count 2 of the indictment charging him with receipt of child pornography. Schwartzrock acknowledged that HSI and NMSP executed a search warrant at his residence on April 3, 2013 and seized computers and computer-related media. The search warrant was issued based on an undercover investigation by HSI in Philadelphia that began in Oct. 2012, and targeted individuals who used a photo-sharing website to possess, receive and distribute child pornography. HSI in Albuquerque began investigating Schwartzrock in mid-March 2013 after HSI in Philadelphia determined that an individual in Albuquerque was accessing the targeted website and learned that Schwartzrock was the subscriber for the IP Address that allegedly was used to download sexually explicit images of children.
Schwartzrock admitted voluntarily participating in a recorded interview on April 3, 2013. During the interview, he admitted that he began looking for images of naked boys, with a preference for elementary school aged children, several months earlier and that he downloaded child pornography images from the Internet. Schwartzrock also acknowledged that a forensic preview of his computers and computer-related media have uncovered over 12,000 images consistent with child pornography and child erotica.
“Child pornography offenses are terrible crimes that involve the sexual abuse and exploitation of the most innocent members of our communities,” said Acting U.S. Attorney Steven C. Yarbrough. “It is particularly distressing when those who work with children commit these crimes. Thanks to the vigilance of our law enforcement partners, Derek Schwartzrock will no longer be around children but instead will be going to federal prison.”“It is always disturbing to see a person who through their employment has been entrusted with our children is found guilty of these types of charges,” said NMSP Chief Kassetas. “The New Mexico State Police is fully committed to investigating those who would participate in the exploitation of our children through these types of images. This case is another example of how Homeland Security Investigations (HSI) and New Mexico State Police in cooperation with the United State Attorney’s Office are leveraging their resources to protect our children. Though I take great pride in NMSP’s involvement in this case, the citizens of New Mexico should understand that there is much more work to be done in combating the exploitation of children through the internet and NMSP is committed to continue these efforts.”
This case was investigated by the Albuquerque office of HSI, the NMSP and the New Mexico Regional Forensic Lab. It was prosecuted by former Assistant U.S. Attorney Charlyn E. Rees and 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 Operation 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 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Construction Company Owner Pleads Guilty to Defrauding Federal Program for Service-Disabled VeteransRead the Press Release
ALBUQUERQUE – Max R. Tafoya, 63, the owner of an Albuquerque-area construction company, pleaded guilty this morning to defrauding a federal program that sets aside federal contracts for businesses owned by service-disabled veterans. Tafoya's son-in-law, Tyler Cole, 41, of Los Ranchos de Albuquerque, N.M., also pleaded guilty to participating in the fraudulent scheme. The guilty pleas were entered under plea agreements that require a 57 month prison sentence for Tafoya and a 37 month prison sentence for Cole. The court will determine whether Tafoya and Cole will be required to pay restitution and fines or forfeit assets derived from their criminal activity.
Tafoya and Cole were charged in Feb. 2012, in an indictment alleging that the two men obtained almost $11 million in federal contracts by falsely claiming that Tafoya’s company, M.R. Tafoya Construction, Incorporated (Tafoya Construction), was qualified to participate in the U.S. Department of Veterans Affairs’ (VA) Service-Disabled Veteran Owned Small Business (SDVOSB) Program. A superseding indictment filed in March 2013, added charges of witness tampering and obstruction of justice against Tafoya.
The SDVOSB Program was established pursuant to the Veterans Entrepreneurship and Small Business Development Act of 1999, to achieve a government-wide goal to increase the number of government contracts awarded to small businesses owned and operated by service-disabled veterans. The Veterans Benefits, Health Care, and Information Technology Act of 2006 gave SDVOSBs the highest priority in contracting preferences for VA contracts awarded to small businesses. A small business must be both owned and controlled by one or more service-disabled veterans to qualify as an SDVOSB. Generally, a small business is owned and controlled by a service-disabled veteran when the veteran directly owns at least 51% of the business, holds the highest officer position in the business, and manages and administers the business’s day-to-day operations.
Today, Tafoya and Cole each entered guilty pleas to Counts 1 and 2 of the superseding indictment charging them with conspiracy and committing a major fraud against the United States.
In his plea agreement, Tafoya admitted that between 2009 and 2010, Tafoya Construction was awarded five contracts valued at an aggregate amount of $10,984,189 that required the company to hold SDVOSB status. During that period, Tafoya, a veteran without any service-connected disability, owned 100% of Tafoya Construction stock. Tafoya admitted that he obtained the lucrative contracts by paying his step-brother Andrew Castillo, a service-disabled veteran who works and resides in Florida, a $600 weekly fee to allow Tafoya Construction to use Castillo’s name and service-disabled status in its bids for SDVOSB contracts. Tafoya acknowledged asking Cole to complete certifications stating that Tafoya Construction was a SDVOSB and submit them to the VA so that Tafoya Construction could obtain SDVOSB contracts. Tafoya also admitted that he drew up a number of false documents designed to create the appearance that Castillo was the majority owner and controller of Tafoya Construction, when in fact he did not own or operate the company, and that Cole forged Castillo’s signature on the documents.
According to Tafoya’s plea agreement, in Feb. 2011, Tafoya lied to a VA investigator to support the fraudulent claim that Tafoya Construction was a SDVOSB. Tafoya admitted making the following false statements to the investigator: (1) that Castillo paid $100,000 to purchase 51% of Tafoya Construction; (2) that Castillo worked in Tafoya Construction’s Albuquerque office; (3) that Castillo was working at a VA construction site in Santa Fe that day; and (4) that Castillo personally signed the VA contracts and bonding paperwork on the SDVOSB contracts awarded to Tafoya Construction. Tafoya also admitted traveling to Florida later in Feb. 2011, to meet with Castillo for the purpose of creating fraudulent documents in an attempt to cover up their fraudulent scheme. Tafoya subsequently submitted these fraudulent documents to a federal grand jury in July 2011.
In his plea agreement, Cole admitted serving as manager of Tafoya Construction from 2008 to 2011, and participating in Tafoya’s illegal scheme to defraud the United States by falsely claiming that Tafoya Construction was a SDVOSB. Cole admitted to filling out and submitting certifications to the VA that falsely claimed that Tafoya Construction was owned by Castillo, a service-disabled veteran. Cole further admitted forging Castillo’s signature on bids and other paper work submitted to the VA and on documents created to make it appear that Castillo was the 51% owner of Tafoya Construction.
As a result of Tafoya’s and Cole’s fraudulent scheme, from 2009 to 2010, the VA awarded Tafoya Construction five contracts in the aggregate amount of $10,984,189 for work at the Fort Bliss National Cemetery, the Santa Fe National Cemetery, the Fort Logan National Cemetery, and the Jefferson Barracks National Cemetery.
Tafoya and Cole remain on conditions of release pending their sentencing hearings, which have yet to be scheduled.
Castillo entered a guilty plea in Oct. 2011, to a conspiracy charge. He remains on conditions of release pending his sentencing hearing, which has yet to be scheduled.
Acting U.S. Attorney Steven C. Yarbrough said, “Contracts under the SDVOSB Program are supposed to go to small businesses that are actually owned by service-disabled veterans, and not to imposters who break the rules and scheme to beat the system. This prosecution is part of a nationwide effort to protect service-disabled veterans who own small businesses by tightening controls to prevent fraud and abuse. Today, Max Tafoya and Tyler Cole are being held accountable for abusing a program that seeks to fulfill our moral obligation to provide disabled veterans with benefits designed to ease the losses and disadvantages they have incurred as a consequence of disabilities they sustained while serving our country.”
The case was investigated by the Office of Inspector General of the U.S. Department of Veterans Affairs and is being prosecuted by Assistant U.S. Attorneys C. Paige Messec and Tara C. Neda.
Former Belen Police Department Detective Indicted for Using Excessive Force Against ArresteeRead the Press Release
ALBUQUERQUE – A federal grand jury in Albuquerque, N.M., has returned a one-count indictment charging former Belen Police Department Detective John Lytle with unlawfully assaulting a victim identified in the indictment as “R.A.,” during an investigative stop and arrest on March 15, 2012.
Lytle is charged with violating R.A.’s right to be free from unreasonable search and seizure by a law enforcement officer, which includes the right to be free from the use of excessive force. The indictment alleges that Lytle unlawfully assaulted R.A. by striking R.A. while R.A. was in handcuffs. The indictment also alleges that Lytle’s actions resulted in bodily injury to R.A.
Lytle faces a statutory maximum penalty of 10 years in prison for the civil rights violation.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.This case is being investigated by the Albuquerque Division of the FBI. It is being prosecuted by Assistant U.S. Attorney for the District of New Mexico Mark T. Baker and Trial Attorney Julia Gegenheimer of the Civil Rights Division of the Department of Justice.
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Indictment
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Navajo Man Pleads Guilty to Brandishing a Firearm During a Home Invasion on the Navajo Indian ReservationRead the Press Release
ALBUQUERQUE – Donovan F. Muskett, 21, an enrolled member of the Navajo Nation who resides in Navajo, N.M., pleaded guilty this morning to brandishing a firearm during a crime of violence. Under the terms of his plea agreement, Muskett will be sentenced to seven years in federal prison followed by a term of supervised release to be determined by the court. Muskett’s guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough and Director John Billison of the Navajo Nation Division of Public Safety.
Muskett was arrested on March 1, 2013, based on a criminal complaint charging him with assault with a dangerous weapon, using a firearm during a crime of violence and aggravated burglary. He subsequently was indicted and charged with committing the following offenses in Navajo, N.M., on Feb. 10, 2013: (1) assault with a dangerous weapon; (2) aggravated burglary; (3) brandishing a firearm during a crime of violence; and (4) negligent child abuse.
According to court records, on Feb. 10, 2013, Muskett forced his way at gunpoint into a Navajo residence occupied by a woman and a young child. Muskett pointed his firearm at the adult victim, demanded money from her, and threatened to shoot her. While Muskett was rummaging in the kitchen, the victim managed to push Muskett out of the residence and lock him out. After ensuring the child victim’s safety, the adult victim called the police and reported the break-in and assault. Officers were able to locate Muskett by following footsteps in the snow. Muskett was arrested on tribal charges and remained in tribal custody until his arrest on federal charges.
During this morning’s proceedings, Muskett entered a guilty plea to Count 3 of a superseding indictment charging him with brandishing a firearm during a crime of violence. In his plea agreement, Muskett admitted brandishing a .22 caliber revolver while committing a crime of violence. More specifically, Muskett admitted pointing the firearm at the adult victim with the intention of committing the felony offenses of assault with a dangerous weapon and aggravated battery.
Muskett was remanded into federal custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Window Rock office of the Navajo Division of Public Safety with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback.
Trio from Rio Arriba County Face Federal Heroin Trafficking ChargesRead the Press Release
ALBUQUERQUE – A federal grand jury has indicted three men from Rio Arriba County, N.M., on heroin trafficking charges.
The five-count indictment, which was filed on Oct. 30, 2013, charges Jose Enrique Ontiveros-Soto, 33, a Mexican national unlawfully in the United States and residing in Arroyo Seco, N.M., Jorge Acosta-Sanchez, 20, of Espanola, N.M., and Guadalupe Alcantar, 19, of Medanales, N.M., with participating in a conspiracy to distribute heroin in Rio Arriba County between Aug. 22, 2013 and Sept. 25, 2013.
The indictment also includes four substantive heroin distribution offenses. Count 2 charges Acosta-Sanchez and Alcantar with distributing heroin on Aug. 22, 2013. Count 3 charges Ontiveros-Soto and Alcantar with distributing heroin on Aug. 28, 2013. Count 4 charges Ontiveros-Soto and Acosta-Sanchez with distributing heroin on Sept. 11, 2013, and Count 5 charges Ontiverso-Soto only with distributing heroin on Sept. 25, 2013.
Ontiveros-Soto and Alcantar were arrested on Nov. 1, 2013, and made their initial appearances in federal court yesterday. This morning, both men were arraigned on the indictment and ordered detained pending trial. Acosta-Sanchez was arrested yesterday and made his initial appearance in federal court this morning. He remains in custody pending a detention hearing scheduled for tomorrow.
If convicted on the charges in the indictment, the defendants each face a prison term of not less than five years and not more than 40 years. Indictments are merely accusations and defendants are presumed innocent unless and until convicted beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA, the New Mexico State Police and the HIDTA Region III Multi-Jurisdictional Task Force, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
The HIDTA Region III Multi-Jurisdictional Task Force (Region III) is comprised of officers from the New Mexico State Police, Santa Fe Police Department and the Santa Fe Sheriff’s Office. Region III was first funded in 1999 to address the heroin problem in Rio Arriba and Santa Fe Counties, an area that leads the nation in per capita heroin-related overdose deaths. It is an investigative/enforcement initiative that targets and dismantles poly-drug (primarily heroin and cocaine) trafficking organizations. Region III is part of the High Intensity Drug Trafficking Areas (HIDTA) program which 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.
Shiprock Man Pleads Guilty to Assaulting a Tribal Police OfficerRead the Press Release
ALBUQUERQUE – Victor Tyler, 44, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to an assault with a dangerous weapon charge under a plea agreement with the U.S. Attorney’s Office.
Tyler was arrested on Aug. 20, 2013, based on a criminal complaint charging him with assault with a dangerous weapon. Tyler subsequently was indicted and charged with that same charge and also with assaulting a federal officer with a dangerous weapon and inflicting bodily injury.
This morning, Tyler pleaded guilty to Count 1 of the indictment charging him with assault with a dangerous weapon. In his plea agreement, Tyler admitted that on Aug. 16, 2013, officers of the Navajo Nation Division of Public Safety came to his Shiprock residence in response to his wife’s call for assistance. At the time, Tyler had armed himself with two kitchen knives and locked himself into a bedroom. After two uniformed officers entered the residence, Tyler came out of the bedroom with the knives, ignored the officers’ repeated instructions that he drop the knives, and threw one of the knives at one of the officers. The knife struck the officer in the foot, causing injury to her foot.
Tyler has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Tyler faces a maximum penalty of ten years in prison.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Mark T. Baker.
El Paso, Texas Man Sentenced to Twenty Years in Federal Prison for Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE –Francisco Burciaga, 43, of El Paso, Texas, was sentenced this morning to 20 years in federal prison followed by ten years of supervised release for his heroin trafficking conviction, announced Acting U.S. Attorney Steven C. Yarbrough, Joseph M. Arabit, Special Agent in Charge of the DEA’s El Paso Division, Chief Pete N. Kassetas of the New Mexico State Police and Chief Terry Sisneros of the Raton Police Department.
Burciaga was arrested in June 2008, after officers found 32 pounds of heroin secreted in his vehicle during a routine traffic stop in Colfax County, N.M. In July 2008, he was indicted and charged with possession of heroin with intent to distribute. A trial in Nov. 2010 ended in a mistrial and proceedings in the case were stayed during the pendency of an interlocutory appeal. The retrial of the case concluded on May 31, 2013, when the jury returned a guilty verdict against Burciaga on the sole count of the indictment.
According to the evidence at trial, on June 24, 2008, a New Mexico Motor Transportation Police officer executed a routine traffic stop of a vehicle driven by Burciaga on Interstate 25 just south of Raton, N.M. When the officer approached Burciaga, he provided a Texas driver’s license and documents reflecting that the vehicle was registered to him in Phoenix, Ariz., on June 23, 2008, and insured by him on that same day. After the officer explained the traffic violation he observed, Burciaga admitted the violation and agreed to pay the fine.
While talking with Burciaga, the officer noticed a strong chemical odor coming from the vehicle and an air freshener hanging from the vehicle’s rear-view mirror, which, together with the vehicle’s recent registration, triggered the officer’s suspicions. Accordingly, the officer asked Burciaga if he had anything illegal in the vehicle. Burciaga responded by opening the vehicle’s hatchback and saying, “Wanna take a look.” Shortly thereafter, a New Mexico State Police Officer arrived to assist and noticed fresh tool marks and spray paint on the underside of the vehicle and its back bumper area. The officers then had a narcotics dog inspect the vehicle and the dog reacted to the back bumper area of the vehicle.
When the officers removed the back bumper from Burciaga’s vehicle, they found a hidden compartment containing 24 sealed packages containing a white powdery substance. Subsequent laboratory analysis revealed that the packages contained 14.4 kilograms (32 pounds) of heroin that was 72% pure. The Chief of the Indications and Warnings Section of DEA’s Intelligence Division in Washington, D.C., who testified as an expert, told the jury that the heroin seized from Burciaga was one of the top ten DEA heroin seizures in the United States in 2008 in terms of weight. He also testified that, in Chicago, Ill., where Burciaga intended to deliver the heroin, the conservative retail, or street, value of the heroin in 2008 was at least $2,900,000.
Burciaga faced enhanced penalties in this case because he previously was convicted of a felony drug trafficking crime in a Texas state court in 1996.
This case was investigated by the Albuquerque office of the DEA, the New Mexico Motor Transportation Police, the New Mexico State Police and the Raton Police Department, with assistance from the New Mexico State Police, and was prosecuted by Assistant U.S. Attorneys Jon K. Stanford and C. Paige Messec.
Crownpoint Man Sentenced to Federal Prison for Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Sampson Antonio, Jr., 25, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced this afternoon to 30 months in federal prison followed by three years of supervised release for his involuntary manslaughter conviction. Antonio also was ordered to pay $4,077.05 in restitution to cover funeral costs for the victim.
Antonio was arrested in July 2012, on a criminal complaint charging him with involuntary manslaughter in connection with the death of a 19-year-old Navajo woman in Mariano Lake, N.M., on April 21, 2012. Antonio subsequently was indicted and charged with driving a vehicle while intoxicated and running over the victim and causing her death.
On April 30, 2013, Antonio pled guilty to the indictment and admitted killing the victim on April 21, 2012, while driving under the influence of alcohol and driving recklessly.This case was prosecuted by Assistant U.S. Attorneys Kyle T. Nayback and David M. Adams, and was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety.
California Man Sentenced to Ten Years for Heroin Trafficking ConvictionRead the Press Release
ALBUQUEQUE – Louie Villegas, 49, of Palm Springs, Calif., was sentenced this afternoon to ten years in federal prison followed by five years of supervised release for his heroin trafficking conviction.
Villegas was arrested on April 18, 2013, at the Greyhound Bus Station in Albuquerque, N.M., after DEA agents found more than a kilogram of heroin concealed in inside the inner soles of his tennis shoes. He subsequently was indicted and charged with possession of heroin with intent to distribute.
Villegas entered a guilty plea to the indictment on Aug. 5, 2013. Villegas admitted that, while at the Greyhound bus station in Albuquerque on April 18, 2013, he had a consensual encounter with DEA agents and gave the agents permission to search him and his shoes for contraband. When Villegas handed his left shoe to the agents, it was abnormally heavy. Inside the inner sole of both shoes, the agents found approximately 1.3 kilograms of heroin.
This case was investigated by the Interdiction Unit of the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Lynn W.Y. Wang.
Las Cruces Man Pleads Guilty to Robbing First Light Federal Credit Union in Las Cruces in July 2013Read the Press Release
ALBUQUERQUE – Dominic Tyrel Holland, 27, of Las Cruces, N.M., pleaded guilty this morning to a bank robbery charge and admitted robbing the First Light Federal Credit Union in Las Cruces N.M., on July 31, 2013. Holland entered his guilty plea without the benefit of a plea agreement.
Holland was arrested on July 31, 2013, based on a criminal complaint charging him with robbing the First Light Federal Credit Union in Las Cruces on that day. He subsequently was indicted on that same charge. According to the criminal complaint, Holland approached a bank teller and presented a note demanding money. After obtaining money from the bank teller, Holland left the bank on foot. After witnesses at the bank identified Holland as the bank robber, officers of the Las Cruces Police Department located Holland at an apartment complex and placed him under arrest.
Holland has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Holland faces a maximum penalty of 20 years in prison and a term of supervised release to be determined by the court.
The case is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office and was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department.
Farmington Man Sentenced to Fifteen Years in Federal Prison for Drug Trafficking and Firearms Conviction Moreno Prosecuted as Part of "Worst of the Worst" Anti-Violence InitiativeRead the Press Release
ALBUQUERQUE – Martin Moreno, 53, of Farmington, N.M., was sentenced today to 15 years in federal prison followed by five years of supervised release for his conviction on drug trafficking and firearms charges. Moreno also was ordered to pay a $20,000 fine.
Moreno’s sentence was 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 Homeland Security Investigations (HSI) in El Paso, Texas, and Commander Neil Haws of the Region II Narcotics Task Force.
Moreno was arrested in March 2012, on a federal criminal complaint charging him with drug trafficking offenses. He subsequently was charged in a seven-count second superseding indictment with possession of methamphetamine, cocaine and marijuana with intent to distribute; using and carrying a firearm in furtherance of a drug trafficking crime; and three counts of being a felon in possession of firearms and ammunition. According to court records, Moreno possessed the narcotics, numerous firearms and ammunition on Feb. 27, 2012, in San Juan County, N.M. At the time, Moreno was prohibited from possessing firearms and ammunition because he previously had been convicted of trafficking cocaine in the 11th Judicial District Court for the State of New Mexico in San Juan County. Moreno was arrested on state charges in Feb. 2012, which were dismissed after the federal charges were filed.
The charges against Moreno arose from evidence seized on Feb. 27, 2012, when the Region II Narcotics Task Force and HSI executed search warrants authorizing searches of Moreno’s residence, two storage lockers and a truck. They also were based on Moreno’s acknowledgement that he was the owner of the contents of the storage lockers and his truck.
In July 2013, Moreno entered a guilty plea to all seven counts of the second superseding indictment. In his plea agreement, Moreno admitted that on Feb., 27, 2012, he possessed approximately 120 grams of methamphetamine, a kilogram of cocaine and a kilogram of marijuana, all of which were stored in a storage locker in Farmington. He also admitted keeping a stolen pistol and ammunition in the storage locker for the purpose of protecting the drugs.
Moreno also admitted that in a different storage locker, he stored 14 firearms, including a machine gun, shotguns, hunting rifles and semi-automatic rifles. He acknowledged that as a convicted felon, he was prohibited from owning firearms.
In his plea agreement, Moreno also admitted possessing additional amounts of drugs, including a small amount of methamphetamine and a supply of marijuana, and a pistol at his residence. Moreno also acknowledged that the $3,000 in cash found in his bedroom and the $66,000 in cash found in his truck were the proceeds of his narcotics trafficking activities.
Moreno’s plea agreement requires that Moreno forfeit the firearms, ammunition and narcotics proceeds seized on Feb. 27, 2012.
This case was investigated by the Albuquerque office of HSI and the Region II Narcotics Task Force. The case was prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Samuel A. Hurtado 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.
Eighteen Individuals Charged with Participating in Tri-State Methamphetamine Trafficking ConspiracyRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney Steven C. Yarbrough and Joseph M. Arabit, Special Agent in Charge of DEA’s El Paso Division, announced the indictment of 18 individuals who allegedly participated in a tri-state drug trafficking organization that obtained methamphetamine from Arizona and Texas and distributed the drugs in Otero and Doña Ana Counties, N.M.
The 43-count indictment, which was filed under seal on Oct. 16, 2013, was unsealed yesterday following a multi-agency law enforcement operation that resulted in the arrest of eight of the 18 defendants, including five residents of Alamogordo, N.M. Two other defendants were arrested on Oct. 29, 2013 in Arizona and two more are in state custody on unrelated charges. Six defendants have yet to be arrested and are considered fugitives.
The defendants arrested in New Mexico will make their initial appearances in Las Cruces federal court this morning. The defendants arrested in Arizona will be transferred to New Mexico and the defendants in state custody will be transferred to federal custody to face the charges in the indictment.
The indictment charges all 18 defendants with conspiracy to distribute quantities of methamphetamine in Otero and Doña Ana Counties between Jan. 2013 and June 2013. The indictment also includes 14 substantive methamphetamine distribution counts and 28 “phone” counts which allege the use of communication devices to facilitate drug trafficking crimes.
The indictment is the result of an eleven-month multi-agency investigation led by the DEA that was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. The OCDETF program is 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. During the course of the investigation, law enforcement officers seized approximately 3.3 kilograms of methamphetamine and $16,000 in cash.
Acting U.S. Attorney Steven C. Yarbrough emphasized the importance of the multi-agency investigation: “Methamphetamine is the drug most often associated with violent crime and property crime in New Mexico. When we attack methamphetamine trafficking in our communities, we reduce the incidence of other crime that goes hand in hand with drug trafficking. I am proud of being part of an operation that is a significant step in improving the public safety in Otero and Doña Ana Counties. Together with our law enforcement partners, we will continue our relentless pursuit of meth trafficking rings that operate in our communities throughout New Mexico.”
“With these arrests and seizures, DEA and its federal, state, and local law enforcement partners have dismantled an organization responsible for distributing large quantities of methamphetamine in southern New Mexico. Methamphetamine destroys the lives of its abusers and threatens the overall health and safety of our communities. We will continue to work together to target criminal organizations and their assets to ensure that drug traffickers are held responsible for the harm they cause,” said Joseph M. Arabit, Special Agent in Charge of DEA’s El Paso Division.
Assistant U.S. Attorneys Renee L. Camacho and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case, which was investigated by the Las Cruces office of the DEA, the Sunland Park Police Department, New Mexico State Police, Las Cruces/Doña Ana County Metro Narcotics Agency, Las Cruces Police Department, Alamogordo Police Department, and Bureau of Alcohol, Tobacco Firearms and Explosives.
The following law enforcement agencies participated in yesterday’s law enforcement operation: DEA’s offices in Las Cruces, El Paso, Texas, Phoenix, Ariz., and Tucson, Ariz.; the FBI’s office in Las Cruces; the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Border Patrol, U.S. Marshals Service, Doña Ana County Sheriff’s Office, Las Cruces Police Department, Las Cruces/Doña Ana County Metro Narcotics Agency, Alamogordo Police Department, and Sunland Park Police Department.
Summary of Indictment
Count 1 of the Indictment charges all eighteen defendants with conspiracy to distribute methamphetamine. The maximum penalty for a conviction on this count is imprisonment for not less than ten years or more than life and a $10,000,000 fine.
Counts 2-4, 6-7, 9, 11, 13, 16-17, 20, 29, 32 and 43 of the indictment charge certain defendants with possession of methamphetamine with intent to distribute. The maximum penalty for a conviction on each of these counts is imprisonment for not more than 20 years and a $1,000,000 fine.
Counts 5, 8, 10, 12, 14-15, 18-19, 21-28, 30-31 and 33-42 of the indictment charge certain defendants with using a communications device (telephone) to facilitate a drug trafficking crime. The maximum penalty for a conviction on each of these counts is imprisonment for not more than four years and a $250,000 fine.
Charges Against Defendants
Roxann Renee Vasquez, 40, of Duncan, Ariz., is charged in Counts 1, 21, 24 and 39 of the indictment. Vasquez was arrested on Oct. 29, 2013 in Duncan, Ariz.
Jessie Jesus Marquez, 34, of Las Cruces, N.M., is charged in Counts 1, 13, 23, 29-30, 36 and 41 of the indictment. Marquez has yet to be arrested and is considered a fugitive.
Michelle Darlene Casillas, 36, of Phoenix, Ariz., is charged in Counts 1 and 19 of the indictment. Casillas was arrested yesterday in Phoenix.
Cornelio Barrera, 40, of Deming, N.M., is charged in Counts 1 and 38-40 of the indictment. Barrera was arrested on Oct. 29, 2013 in Duncan, Ariz.
Anthony Frank Montoya, 26, of Alamogordo, N.M., is charged in Counts 1, 10 and 15 of the indictment. Montoya is in state custody on unrelated charges and will be transferred to federal custody.
Demetrio Edwardo Stogden, 33, of Alamogordo, N.M., is charged in Counts 1, 14, 18, 26, and 35 of the indictment. Stogden is in state custody on unrelated charges and will be transferred to federal custody.
Jessica Marie Gomez, 30, of Phoenix, Ariz., is charged in Counts 1, 42 and 43 of the indictment. Gomez has yet to be arrested and is considered a fugitive.
Jay T. Black, 44, of Tularosa, N.M., is charged in Counts 1, 11, 17, 22 and 32 of the indictment. Black was arrested yesterday in Tularosa.
Rustan Turner, 49, of Alamogordo, N.M., is charged in Counts 1, 2 and 34 of the indictment. Turner was arrested yesterday in Alamogordo.
Carlos John Maldonado, 37, of Las Cruces, N.M., is charged in Counts 1, 3 and 25 of the indictment. Maldonado has yet to be arrested and is considered a fugitive.
Cecilia Chavez, 52, of Alamogordo, N.M., is charged in Counts 1, 2, 5 and 33 of the indictment. Chavez was arrested yesterday in Alamogordo.
John Frank Herrera, 44, of Alamogordo, N.M., is charged in Counts 1, 6, 7 and 17of the indictment. Herrera was arrested yesterday in Alamogordo.
Michael Paul Lucero, 39, of Alamogordo, N.M., is charged in Counts 1, 4 and 8 of the indictment. Lucero was arrested yesterday in Alamogordo.
Paul Steven McGranahan, 44, of Las Cruces, N.M., is charged in Counts 1, 28, 31 and 37 of the indictment. McGranahan has yet to be arrested and is considered a fugitive.
Stephan E. Morales, 30, of Las Cruces, N.M., is charged in Counts 1 and 27 of the indictment. Morales was arrested yesterday in Las Cruces.
Jasmine Lara Robertson, 35, of Alamogordo, N.M., is charged in Counts 1, 2, 9, 12 and 16 of the indictment. Robertson was arrested yesterday in Alamogordo.
Stephanie Taylor, 26, of Alamogordo, N.M., is charged in Counts 1, 2 and 20 of the indictment. Taylor has yet to be arrested and is considered a fugitive.
Bret Hampton, 33, of Las Cruces, N.M., is charged in Count 1 of the indictment. Hampton has yet to be arrested and is considered a fugitive.
- Indictment
Albuquerque Man Sentenced to Seven Years for Using a Firearm to Rob a Pharmacy of Prescription PainkillersRead the Press Release
ALBUQUERQUE – James Phillip Tafoya, 43, of Albuquerque, N.M., was sentenced this afternoon to seven years in federal prison followed by three years of supervised release for his conviction for using a firearm in relation to a crime of violence. He also was ordered to pay $930.82 in restitution.
Tafoya was arrested in Jan. 2013, on a three-count indictment charging him with (1) violating the Hobbs Act by robbing a business involved in interstate commerce, (2) using a firearm in relation to a crime of violence, and (3) theft of medical products. Count 1 of the indictment alleged that Tafoya robbed an employee of an Albuquerque-area CVS Pharmacy at gunpoint on Nov. 3, 2012, and stole Oxycodone and Oxycontin. Count 2 alleged that Tafoya used a firearm to perpetuate the robbery, and Count 3 alleged that Tafoya used violence and the threat of violence to unlawfully take pre-retail medical products.
In July 2013, Tafoya pled guilty to Count 2 of the indictment and admitted that on Nov. 3, 2012, he committed armed robbery of the CVS store located at 9640 Menual Blvd NE, in Albuquerque. Tafoya admitted entering the store, displaying and brandishing a firearm in order to intimidate the clerk, and demanding that the clerk give him Oxycodone and Oxycontin. He also admitted knowing that CVS is a business engaged in interstate commerce, and that he used a firearm to knowingly and unlawfully take pre-retail medical products through the threat of violence or force.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorney Jon K. Stanford. The case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. This initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under the 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 our communities for as long as possible.
Acoma Pueblo Man Sentenced to Forty Months for Domestic Assault by a Habitual OffenderRead the Press Release
ALBUQUERQUE – Eric Thomas Valley, 42, was sentenced this morning to 40 months in federal prison followed by three years of supervised release for his conviction for domestic assault by a habitual offender. The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Police Chief Vincent M. Mariano of the Acoma Tribal Police Department.
Valley, a member and resident of Acoma Pueblo, was arrested in Oct. 2012, based on a criminal complaint alleging that he assaulted his domestic partner, also a member of Acoma Pueblo, by striking her in the head with a wooden rolling pin. The victim sustained numerous injuries, including three lacerations to the head that had to be stapled closed, as a result of the assault. Valley subsequently was charged in a three-count indictment with (1) domestic assault by a habitual offender; (2) assault resulting in serious bodily injury; and (3) assault with a dangerous weapon.
In April 2013, Valley pleaded guilty to Count 1 of the indictment and admitted assaulting his girlfriend on Oct. 10, 2012, on Acoma Pueblo. Valley also admitted that he previously has been convicted on domestic violence offenses on two occasions. Court records reflect that Valley has prior convictions for battery on a household member in Magistrate’s Court in Cibola County, N.M., in June 2005, and battery against a household member in Acoma Tribal Court in May 2009.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services, and the Acoma Tribal Police Department, and was prosecuted by Special Assistant U.S. Attorney David Adams and Assistant U.S. Attorney Kyle T. Nayback.
This 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 Twenty Years in Federal Prison for Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Mark Anthony Harriman, 45, of Las Cruces, N.M., was sentenced this morning in Las Cruces federal court to 20 years in federal prison followed by five years of supervised release for his drug trafficking and firearms 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.
Harriman and Agustin Abascal, 27, 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.
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. In entering his guilty plea, Harriman admitted that between Feb. 26, 2013 and March 14, 2013, he obtained methamphetamine from California and sold it in Las Cruces. Harriman also admitted selling an ounce of methamphetamine to an informant on Feb. 26, 2013. He further admitted that he was traveling back 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. Under the terms of his plea agreement, Harriman agreed to forfeit the firearms and more than 1000 rounds of ammunition seized from his residence in addition to $13,940 in cash.
Abascal also entered a guilty plea in July 2013. He pled guilty to a one-count felony information charging him with distribution of methamphetamine and admitted selling methamphetamine to an undercover officer on five separate occasions between Nov. 1, 2012 and March 7, 2013. Abascal faces a term of ten years to life in prison when he is sentenced. His sentencing hearing has yet to be scheduled.
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 is being prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.