District of New Mexico
Press releases recorded for this federal judicial district.
Church Rock, N.M., Man Sentenced to 162 Months in Federal Prison for Second Degree Murder ConvictionRead the Press Release
ALBUQUERQUE – Danny Dan Don Brown, 25, a member of the Navajo Nation who resides in Church Rock, N.M., was sentenced this afternoon to 162 months in federal prison followed by two years of supervised release for his second degree murder conviction. He also was ordered to pay restitution in the amount of $1200 to cover the cost of the victim’s funeral and related expenses.
Brown and his co-defendant, Melvyn Lee Morgan, 29, a member of the Navajo Nation who resides in Gallup, N.M., were arrested on Dec. 27, 2011, based on a criminal complaint charging them with the Dec. 3, 2011 murder of Robert L. Smith, also a member of the Navajo Nation. According to the criminal complaint filed in the case, the murder was committed in Church Rock, which is within the Navajo Indian Reservation. Brown and Morgan, who have been in federal custody since their arrests, were indicted on Jan. 24, 2012, and charged with second degree murder.
According to court records, late on the night of Dec. 3, 2011, Brown, Morgan and the victim were involved in a fight after drinking alcohol. During the fight, Brown and Morgan repeatedly kicked and punched the victim, who died as a result of injuries he sustained. Brown entered a guilty plea to the indictment in March 2013.
Morgan has entered a not guilty plea to the indictment and is scheduled for trial on July 8, 2013. The charges in the indictment as to Morgan are only accusations and he is presumed innocent unless proven guilty.
This case was investigated by the Gallup office of the FBI and the Crownpoint Office of the Navajo Nation Division of Public Safety with assistance from the McKinley County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Beclabito, N.M., Woman Pleads Guilty to Second Degree Murder ChargeRead the Press Release
ALBUQUERQUE – Krisohn Adakai, 21, an enrolled member of the Navajo Nation who resides in Beclabito, N.M., pleaded guilty this morning to a second degree murder charge under an agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Adakai will be sentenced to 11 years in federal prison followed by a term of supervised release to be determined by the court.
Adakai was arrested in July 2012, and charged by criminal complaint with the murder of Crystal Tom, a 26 year-old Navajo woman. According to the criminal complaint, the murder occurred on July 28, 2012, at Adakai’s home in Beclabito, which is located on the Navajo Reservation. Adakai and the victim got into a fight while drinking alcohol together. During the fight, Adakai repeatedly punched and stabbed the victim, who died as a result of the injuries she sustained. Adakai then fell asleep and awoke to find the victim’s unresponsive body. Adakai attempted to conceal her crime by disposing of the body, the alcohol bottles and other evidence of the murder in a remote area on the Navajo Indian Reservation. When confronted by law enforcement authorities on July 30, 2012, Adakai admitted committing the murder and led officers to the victim’s body and other evidence.
During today’s plea hearing, Adakai admitted that the United States would be able to prove beyond a reasonable doubt that she murdered a Navajo woman on July 28, 2013, in San Juan County, within the Navajo Indian Reservation.
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.
Shiprock Man Sentenced to Eighty-One Months in Federal Prison for Conviction on Assault and Firearms ChargesRead the Press Release
ALBUQUERQUE – Raydell Billy, 22, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced yesterday afternoon to 81 months in federal prison followed by three years of supervised release for his conviction on assault and firearms charges.
Billy was arrested in Jan. 2013, on a criminal complaint charging him with assault and firearms offenses, and has been in federal custody since that time. Billy subsequently was indicted and charged with two counts of being a felon in possession of a firearm, assault with a dangerous weapon; and using a firearm during a crime of violence. Billy was charged with committing these offenses on the Navajo Indian Reservation in San Juan County, N.M., on Nov. 15, 2012 and Jan. 12, 2013.Billy pled guilty on March 12, 2013 to a felony information charging him with assault with a dangerous weapon and using a firearm in furtherance of a crime of violence. In entering his guilty plea, Billy admitted that on Jan. 12, 2013, he assaulted an individual with a .22 caliber Winchester rifle by pointing the rifle at the victim and pulling the trigger. Billy also admitted hitting the victim in the head with the butt-stock of the rifle.
This case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Roswell Man Pleads Guilty to Unlawful Possession of FirearmsRead the Press Release
ALBUQUERQUE – Harley Harkness, 40, of Roswell, N.M., pleaded guilty this afternoon in Las Cruces federal court to being a felon in possession of firearms. Harkness entered his guilty plea without the benefit of a plea agreement.
Harkness was arrested on March 13, 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 two loaded pistols and ammunition.
During today’s plea hearing, Harkness pled guilty to a felony information charging him with being a felon in possession of a firearm and admitted that he unlawfully possessed two pistols on Jan. 13, 2013, in Chaves County, N.M. At sentencing, which has yet to be scheduled, Harkness faces a maximum penalty of ten years in federal prison. Harkness remains in custody pending his sentencing hearing.
This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Sentenced to Twenty Years in Federal Prison for Armed Robbery SpreeRead the Press Release
ALBUQUERQUE – This morning, Oscar Marquez, 23, of Albuquerque, N.M., was sentenced to 20 years in federal prison followed by three years of supervised release for his conviction on Hobbs Act robbery and firearms charges arising out of a crime spree that involved robberies of four Albuquerque-area businesses at gunpoint during a two-week period. Marquez’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, 2nd Judicial District Attorney Kari E. Brandenburg, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Chief Ray Schultz of the Albuquerque Police Department.
Marquez was charged in an eight-count indictment with four counts of violating the Hobbs Act by interfering with a business involved in interstate commerce by robbery, and four counts of using a firearm during and in furtherance of a crime of violence. The indictment, which was filed in Oct. 2012, also charged co-defendant, Rebecca Aguilar, 25, of Albuquerque, with aiding and abetting one of the robberies.
The indictment charged Marquez with robbing the following four Albuquerque-area businesses: the Captain D’s Restaurant on May 28, 2012 (Count 1); a Cricket Wireless Store on May 29, 2012 (Count 3); a King Wireless Store on June 7, 2012 (Count 5); and another Cricket Wireless Store on June 9, 2012 (Count 7). Counts 2, 4, 6 and 8 charged Marquez with using a firearm during each of the four robberies. It also charged Aguilar with aiding and abetting the May 9, 2012 robbery.
On Jan. 18, 2013, Marquez entered guilty pleas to Counts 3, 5, 6 and 7 of the indictment, and admitted robbing store clerks at three businesses at gunpoint between May 29 and June 9, 2012. Marquez also pled guilty to an information charging him with the armed robbery of a store clerk at an Albuquerque-area Game Stop on June 10, 2012.
During today’s sentencing hearing, Marquez also was ordered to pay restitution to the businesses that were the victims of his criminal conduct. As required by the terms of his plea agreement, Counts 1, 2, 4 and 8 of the indictment against Marquez were dismissed after his sentence was imposed.
Aguilar, who was arrested on Oct. 15, 2012, entered a guilty plea on to Count 7 of the indictment, the sole charge against her on Feb. 6, 2013. Aguilar is scheduled to be sentenced on July 9, 2013. Under the terms of her plea agreement, she will be sentenced to five years in federal prison followed by a term of supervised release to be determined by the court.This 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. The new initiative is 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.
The case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, with assistance from the District Attorney’s Office for the 2nd Judicial District of the State of New Mexico, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
Albuquerque Man Sentenced to One Hundred Months in Federal Prison for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Michael Segura, 36, was sentenced this afternoon to 100 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm. Segura’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Segura was indicted in May 2012 and charged with being a felon in possession of a firearm and ammunition in March 2012, in Bernalillo County, N.M. According to the indictment, Segura was prohibited from possessing firearms or ammunition because he previously had been convicted of two robberies and one escape from jail in the 2nd Judicial District Court for the State of New Mexico. Segura was arrested in Sept. 2012, after he was transferred from state custody into federal custody. He has been in federal custody since that time.
According to court filings, Segura was arrested on state charges on March 26, 2013, after his estranged wife called 911 and reported that Segura had discharged a firearm through the window of her apartment, placing her in fear for her safety and the safety of her three-year-old child. At the time, she had a valid order of protection against Segura. Court records reflect that, in addition to the three aforementioned felony convictions, Segura previously had been convicted of five separate domestic violence offenses between 1998 and 2011. The state charges that arose out of this incident were dismissed after Segura was arrested on the federal indictment.Segura pled guilty to the indictment on March 20, 2013, without the benefit of a plea agreement and admitted unlawfully possessing a .40 caliber semi-automatic pistol on March 26, 2012, in Bernalillo County, N.M.
This case was investigated by the Albuquerque office of the Bureau of Alcohol Tobacco, Explosives and Firearms and the Albuquerque Police Department. It was prosecuted by Assistant U.S. Attorney David M. Walsh and Raul Torrez 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.
Tohajiilee Man Sentenced to Ten Years in Federal Prison for Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE – Nathan R. Platero, 41, an enrolled member of the Navajo Nation who resides in Tohajiilee, N.M., was sentenced this morning to ten years in federal prison followed by ten years of supervised release for his child sex abuse conviction. Platero will be required to register as a sex offender after he completes his prison sentence.
Platero was arrested in Jan. 2012, on child sex abuse charges. In Oct. 2012, Platero pleaded guilty to a felony information and admitted that, between Jan. 2005 through Dec. 2006, he engaged in and attempted to engage in sexual contact with a child victim who had attained the age of 12 but had not attained the age of 16. Platero further admitted that the sexual contact consisted of the intentional touching of the child victim’s genitals through her clothing. Court records reflect that the offense occurred in Platero’s residence in Tohajiillee, which is on the Navajo Indian Reservation.
This case was investigated by the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Shiprock Man Sentenced to Ten Years in Federal Prison for Federal Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE – Delbert Begaye, 56, a member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to ten years in federal prison followed by five years of supervised release. Begaye will be required to register as a sex offender after he completes his prison sentence.
Begaye was arrested on a criminal complaint charging him with child sex abuse offenses in Feb. 2012, and has been in federal custody since that time. Begaye pleaded guilty in Sept. 2012 to a felony information charging him with two counts of aggravated sexual abuse of a child under the age of 12.
As to the first count of the information, Begaye’s plea agreement states that between March 1989 and Oct. 1989, Begaye engaged in sexual acts with a child who was approximately ten years of age on approximately six occasions. Begaye admitted that, on each of the six occasions, he forcibly grabbed and carried the child victim into her home where he sexually assaulted her. The child victim did not disclose the assaults because Begaye threatened to physically harm the victim’s sibling. The assaults occurred in Hogsback, N.M., which is located within the Navajo Indian Reservation.
As to the second count, Begaye’s plea agreement states that between Jan. 1991 and Dec. 1995, he engaged in sexual acts with a child who had not attained the age of 12. Begaye admitted that he sexually assaulted the child victim on multiple occasions during this five year period. The assaults occurred in Indian Village, N.M., which is located within the Navajo Indian Reservation.
Begaye’s criminal conduct first came to light in Feb. 2012, when a 32-year-old Navajo woman reported to the FBI and Navajo Nation Division of Public Safety that Begaye had sexually assaulted her in 1989, when she was a child. Subsequent investigation revealed that Begaye also had sexually assaulted a second child victim referred to in the second count of the information.
The 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 Niki Tapia-Brito 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/.
Picuris Pueblo Woman Sentenced to Probation for Embezzling $132,000 from Picuris PuebloRead the Press Release
ALBUQUERQUE –Norma Mermejo, 62, a member and resident of Picuris Pueblo, was sentenced this morning to five years of probation for her conviction on an embezzlement and theft from an Indian tribal organization charge. Mermejo also was ordered to pay $132,000 in restitution to Picuris Pueblo.
In Oct. 2012, Mermejo pleaded guilty to embezzling approximately $132,000 belonging to Picuris Pueblo between Feb. 2008 and April 2010. At the time, Mermejo was employed as a file clerk in the Pueblo’s accounting office. Picuris Pueblo terminated her employment in April 2010, when Pueblo officials learned of her unlawful activities. During her plea hearing, Mermejo admitted embezzling an aggregate of $132,000 of funds belonging to Picuris Pueblo on 144 occasions during a two-year period. She also admitted that she used the money to support her gambling habit and make ends meet with regard to such matters as utility bills.
The case was investigated by the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Picuris Pueblo Woman Sentenced to Probation for Embezzling $132,000 from Picuris PuebloRead the Press Release
ALBUQUERQUE –Norma Mermejo, 62, a member and resident of Picuris Pueblo, was sentenced this morning to five years of probation for her conviction on an embezzlement and theft from an Indian tribal organization charge. Mermejo also was ordered to pay $132,000 in restitution to Picuris Pueblo.
In Oct. 2012, Mermejo pleaded guilty to embezzling approximately $132,000 belonging to Picuris Pueblo between Feb. 2008 and April 2010. At the time, Mermejo was employed as a file clerk in the Pueblo’s accounting office. Picuris Pueblo terminated her employment in April 2010, when Pueblo officials learned of her unlawful activities. During her plea hearing, Mermejo admitted embezzling an aggregate of $132,000 of funds belonging to Picuris Pueblo on 144 occasions during a two-year period. She also admitted that she used the money to support her gambling habit and make ends meet with regard to such matters as utility bills.
The case was investigated by the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Kewa Pueblo Man Sentenced for Federal Child Abuse ConvictionRead the Press Release
ALBUQUERQUE – Cruz Tenorio, 29, a member and resident of Kewa Pueblo, N.M., was sentenced this afternoon to six months in federal prison followed by six months in a half-way house. He will then be on supervised release for a year.
Tenorio pleaded guilty on March 11, 2013, and admitted abusing a three-year-old Indian child in 2011 by negligently tattooing the letter “I” on the child’s arm. Tenorio admitted using rudimentary, homemade instruments, tools and unsterilized materials to tattoo the child, and that he did not take sufficient precautions to prevent possible infection. Tenorio also acknowledged that he had no formal training in the application of tattoo body art when he tattooed the child at his home on Kewa Pueblo.
During today’s sentencing hearing, Tenorio also was ordered to pay restitution in an amount adequate to ensure that the child victim is able to obtain any psychological and medical services necessary arising from the offense, including the removal of the tattoo. Tenorio also is required to pay restitution to cover the costs of removing the tattoos he applied to another victim in March 2012, when the victim was 15 years old.
The case was investigated by the Southern Pueblos Agency of BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Kewa Pueblo Man Sentenced for Federal Child Abuse ConvictionRead the Press Release
ALBUQUERQUE – Cruz Tenorio, 29, a member and resident of Kewa Pueblo, N.M., was sentenced this afternoon to six months in federal prison followed by six months in a half-way house. He will then be on supervised release for a year.
Tenorio pleaded guilty on March 11, 2013, and admitted abusing a three-year-old Indian child in 2011 by negligently tattooing the letter “I” on the child’s arm. Tenorio admitted using rudimentary, homemade instruments, tools and unsterilized materials to tattoo the child, and that he did not take sufficient precautions to prevent possible infection. Tenorio also acknowledged that he had no formal training in the application of tattoo body art when he tattooed the child at his home on Kewa Pueblo.
During today’s sentencing hearing, Tenorio also was ordered to pay restitution in an amount adequate to ensure that the child victim is able to obtain any psychological and medical services necessary arising from the offense, including the removal of the tattoo. Tenorio also is required to pay restitution to cover the costs of removing the tattoos he applied to another victim in March 2012, when the victim was 15 years old.
The case was investigated by the Southern Pueblos Agency of BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Isleta Pueblo Man Pleads Guilty to Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – James Anzara, 34, a member and resident of the Isleta Pueblo, N.M., pleaded guilty this afternoon to an indictment charging him with involuntary manslaughter. Anzara’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Acting Police Chief Kevin Mariano of the Pueblo of Isleta Police Department.
During today’s plea hearing, Anzara admitted killing a man while driving while under the influence of alcohol on Iselta Pueblo on Apr, 21, 2012. Anzara also acknowledged his blood alcohol concentration was .08 grams or higher within three hours after he killed the victim.
At sentencing, which has yet to be scheduled, Anzara faces a maximum penalty of egiht years of imprisonment to be followed by a term of supervised release to be determined by the court.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Police Department, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
San Felipe Pueblo Man Sentenced to Three Years in Federal Prison for Child Abuse ConvictionRead the Press Release
ALBUQUERQUE – Robert Chavarillo, 33, a member and resident of San Felipe Pueblo, N.M., was sentenced this afternoon to three years in federal prison followed by a year of supervised release for his child abuse conviction. His girlfriend, Janaca Yatsattie, 29, also a San Felipe Pueblo member, was sentenced to three years of probation for her conviction for misprision of a felony.
In May 2012, Chavarillo and Yatsattie were charged in a two-count indictment alleging (1) assault resulting in serious bodily injury and (2) child abuse. The charges against the couple were the result of an investigation that was initiated after a San Felipe Pueblo social worker contacted federal authorities to make a child abuse referral. The investigation revealed that, in Dec. 2011, Chavarillo abused a child by burning the child in the groin area because the child wet the bed, and that Yatsittie was aware of the abuse but did not act to stop the abuse or report it to the authorities. According to court filings, Chavarillo initially told law enforcement that burning a child’s groin was part of a traditional Native American ceremony but other evidence in the case contradicted his claim.
Chavarillo pleaded guilty in Dec. 2012, to Count 2 of the indictment, charging him with child abuse, and admitted he endangered a child’s health by burning the child in the groin area. On that same day, Yatsittie entered a guilty plea to a felony information charging her with misprision of a felony and admitted knowing that Chavarillo committed a felony but failing to report it to proper authorities. Both admitted that their unlawful acts occurred in the San Felipe Indian Reservation.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Albuquerque Division of the FBI, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Former New Mexico State Contractor Sentenced for Evading Federal TaxesRead the Press Release
ALBUQUERQUE – Shelda Sutton-Mendoza, 60, of Albuquerque, N.M., was sentenced this morning to ten months of home confinement with electronic monitoring followed by three years of supervised release for her federal tax evasion conviction. Sutton-Mendoza also was ordered to pay $167,362.00 in restitution to the IRS.
Sutton-Mendoza was indicted in Dec. 2011, and charged with five counts of tax evasion. At the time of the crimes charged in the indictment, Sutton-Mendoza was owner and sole shareholder of NYSNC Environmental, Inc. (NYSNC), an environmental clean-up and testing service established in 2000 and incorporated in Oct. 2003. NYSNC contracted primarily with the New Mexico Environmental Department, where Sutton-Mendoza was employed in the Petroleum Storage Bureau for more than six years before leaving to establish NYSNC. The indictment charged Sutton-Mendoza with evading federal personal and corporate taxes during tax years 2003, 2004 and 2005 by intentionally filing false tax returns that misrepresented her personal and corporate taxable income.
In March 2013, Sutton-Mendoza pled guilty to Count 1 of the indictment and admitted evading federal taxes. In her plea agreement, Sutton-Mendoza admitted that she routinely used NYSYNC funds to pay for personal expenses. In 2003 and 2004, she used more than $70,000.00 in company funds to pay for a custom designed in-ground swimming pool with custom mosaic murals and more than $200,000.00 in company funds to pay for personal clothing, handbags and cosmetics. Sutton-Mendoza also admitted that paying for personal expenses with company funds rendered the money taxable as personal income to her, and that she knowingly concealed from the IRS the extent of both NYCYNC’s and her taxable income.
Sutton-Mendoza admitted that for tax years 2003 and 2004, she signed and filed false personal and corporate federal tax returns which omitted significant personal and corporate income. She acknowledged intentionally filing a false tax return for NYSYNC for calendar year 2003 in which she reported only $1,447,855.00 of the company’s gross income of $1,803,844.52, and thus evaded $17,021.00 in federal taxes. Sutton-Mendoza also intentionally evaded $76,660.00 in personal income taxes for calendar year 2003 by underreporting her gross income of $261,152.00. For calendar year 2004, Sutton-Mendoza reported only $851,998.00 of NYSYNC’s gross income of $1,138,090.02, and thus evaded $2,121.00 in federal taxes. She also intentionally evaded $71,560.00 in personal income taxes in calendar year 2004 by underreporting her gross income of $250,580.00.
The case was investigated by IRS Criminal Investigation and was prosecuted by Assistant U.S. Attorney Mary L. Higgins.
Farmington Man Sentenced to Seventeen Years for Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Lindsey Joe Brown, II, 40, of Farmington, N.M., was sentenced this morning to 17 years in federal prison followed by five years of supervised release for his methamphetamine trafficking and firearms conviction. Brown’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, District Attorney Rick P. Tedrow for the 11th Judicial District of the State of New Mexico in San Juan County, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Lt. Neil Haws, Director of the Region II Narcotics Task Force.
Brown was indicted in March 2012 and charged with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and using a firearm in relation to a drug trafficking crime. According to the indictment, Brown committed these crimes in San Juan County, N.M., in Oct. 2011. Brown was arrested on April 5, 2012, and has been in federal custody since that time.
On March 14, 2013, Brown pleaded guilty to possession of methamphetamine with intent to distribute and the firearms offense and admitted that, on Oct. 26, 2011, he agreed to sell methamphetamine to a person who unbeknownst to him was working as an informant. Law enforcement officers conducted surveillance as Brown drove from Farmington to Cuba, N.M., where he purchased methamphetamine from his supplier. While Brown was traveling back to Farmington, the officers obtained a search warrant for Brown’s 2009 Ford Mustang. When the officers executed the search warrant, they found a box in the Mustang’s trunk that contained more than 200 grams of methamphetamine. In the center console of the Mustang, the officers found a fully loaded .9 mm semi-automatic pistol and other .9 mm ammunition. Brown was arrested on state charges, which were later dismissed after Brown was arrested on federal charges.
As required by the terms of his plea agreement, Brown forfeited the Mustang used to transport the methamphetamine and the firearm and ammunition found in the vehicle.
This case was investigated by HSI’s Albuquerque office and the Region II Narcotics Task Force, with assistance from the 11th Judicial District Attorney’s Office. Assistant U.S. Attorney Lynn W.Y. Wang prosecuted the case and Assistant U.S. Attorney Cynthia L. Weisman handled the forfeiture proceedings.
Albuquerque Man Pleads Guilty to Hobbs Act Robbery of Albuquerque BusinessRead the Press Release
ALBUQUERQUE – Joel Rodriguez, 37, of Albuquerque, N.M., pleaded guilty yesterday afternoon to robbing a business engaged in interstate commerce under a plea agreement with the U.S. Attorney’s Office. Under the terms of his plea agreement, Rodriguez will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.
Rodriguez was arrested in Nov. 2011 in a two-count indictment charging him with (1) violating the Hobbs Act by robbing a business engaged in interstate commerce, and (2) being a felon in possession of a firearm. According to the indictment, Rodriguez robbed a business engaged in payday and short term loans at gunpoint on May 17, 2011. At the time, Rodriguez was prohibited from possessing firearms or ammunition because he previously had been convicted of three felony offenses in the Second Judicial District Court for the State of New Mexico, including trafficking in controlled substances and aggravated assault with a deadly weapon.
Yesterday, Rodriguez pleaded guilty to Count 1 of the indictment charging him with a Hobbs Act robbery at a Check ‘n Go, located at 2810 Coors Blvd. NW in Albuquerque on May 17, 2011. In entering his guilty plea, Rodriguez admitted entering the business, threatening an employee with violence, and demanding money.
Rodriguez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be set. Under the terms of the plea agreement, Count 2 of the indictment, charging Rodriguez with unlawful possession of a firearm, will be dismissed after Rodriguez is sentenced.
This case was brought 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.
The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Albuquerque Police Department and the Bernalillo County Sheriff’s Office, with assistance from the 2nd Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Raul Torrez and Jon K. Stanford.
Undercover Investigation Results in Three Arrests and Seizure of Fifteen Pounds of MethamphetamineRead the Press Release
ALBUQUERQUE – Arturo Reynaga, 29, of Los Lunas, N.M., Joaquin Alire, 29, of Albuquerque, N.M., and Jose Lopez-Hernandez, 31, a Mexican national residing in Belen, N.M., made their initial appearance this morning in federal court on a criminal complaint charging them with conspiracy and possession of methamphetamine with intent to distribute. All three remain in federal custody pending detention hearings scheduled for June 10, 2013.
Reynaga, Alire and Lopez-Hernandez were arrested yesterday by the FBI after they attempted to sell approximately 15 pounds of methamphetamine to an undercover officer. According to the criminal complaint, the FBI arrested Reynaga in the vicinity of the Hard Rock Casino, located on Isleta Pueblo, N.M., and seized the methamphetamine from the vehicle in which Reynaga had traveled to the Casino. The complaint further alleges that Alire and Lopez-Hernandez were arrested after additional investigation revealed that they allegedly supplied the methamphetamine that Reynaga was planning to sell to the undercover officer. Alire also was arrested in the vicinity of the Hard Rock Casino and Lopez-Hernandez was arrested in Albuquerque.
If convicted on the charges in the complaint, each of the three defendants faces a mandatory minimum of ten years to a maximum of life in prison and Lopez-Hernandez will be deported after serving his prison sentence. Charges in criminal complaints are only accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque Division of the FBI with assistance from the Las Cruces-Doña Ana Metro Narcotics Agency, and is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.Two Cibola County Men Plead Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Anthony Lusk, 24, of San Rafael, N.M., and Peter Valdez, 26, of Grants, N.M., pleaded guilty this morning to federal methamphetamine trafficking charges under plea agreements with the U.S. Attorney’s Office.
Lusk and Valdez were two of the 13 Cibola County, N.M., residents charged with drug trafficking and firearms offenses as a result of a 22-month multi-agency investigation into drug trafficking in Cibola County, which was led by the DEA and the New Mexico State Police with assistance from the Grants Police Department. The investigation, which was code-named “Operation Ice Cave” and concluded with an arrest operation on March 5, 2013, was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. Eight of the 13 defendants were charged with federal drug trafficking and firearms charges and the remaining five were charged with state drug trafficking charges.
Lusk and Valdez were arrested on March 5, 2013, based on a two-count federal indictment charging them with (1) conspiracy to distribute methamphetamine, and (2) distribution of methamphetamine. During this morning’s plea hearings, Lusk and Valdez each entered a guilty plea to Count 1 of the indictment, the conspiracy count.
In his plea agreement, Lusk admitted that on Oct. 3, 2012, he negotiated a three ounce methamphetamine transaction with an individual who turned out to be an undercover officer. In his plea agreement, Valdez admitted that on Oct. 3, 2012, he assisted Lusk in packaging the three ounces of methamphetamine that Lusk agreed to sell to the undercover officer. Valdez also admitted that he delivered the three ounces of methamphetamine to the undercover officer in exchange for $4,050. Both men acknowledged that the methamphetamine transaction took place in the vicinity of the Sky City Casino, which is located in Cibola County.
Lusk and Valdez are in federal custody pending their sentencing hearings, which have yet to be scheduled. At sentencing, each man faces a maximum sentence of life in prison.
Paul Barker, 46, and Leena Martinez, 31, and Nestor Valdez, 49, of San Rafael, were charged with violating the federal narcotics laws. Martinez and Nestor Valdez were arrested on March 5, 2013, and remain in federal custody. Martinez and Nestor Valdez each entered a not guilty plea and each is scheduled for change for plea hearings next week. Barker has yet to be arrested and is considered a fugitive.
Adrian O. Leyva-Villalobos, 41, is a Mexican national who was residing in San Rafael when he was arrested on a federal firearms charge on March 5, 2013. Leyva-Villalobos has entered a not guilty plea and is scheduled for a change of plea hearing next week.
Rachel Basurto, 52, of Grants, who was arrested on federal drug trafficking charges, and Alberto Lujan-Ruiz, 50, a Mexican national who were residing in San Rafael, who was arrested on a federal firearms charge, have entered not guilty pleas and are pending trial.
The charges against the defendants who have not entered guilty pleas are merely accusations and the defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
These federal cases were investigated by the DEA and the New Mexico State Police with assistance from the Grants Police Department and are being prosecuted by Assistant U.S. Attorney Joel R. Meyers and Shammara H. Henderson.
Albuqueruqe Man Arrested on Federal Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Jose A. Martinez, 40, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with possession of heroin and cocaine with intent to distribute and possession of firearms in furtherance of a drug trafficking crime. Martinez remains in custody pending a detention hearing scheduled for June 11, 2013.
Martinez was arrested last night by the DEA after officers of the Bernalillo County Sheriff’s Office executed a state search warrant at his residence on the west side of Albuquerque and seized two kilograms of heroin, a kilogram of cocaine and 17 firearms.
If convicted on the drug trafficking charges in the complaint, Martinez faces a mandatory minimum of ten years to a maximum of life in prison. If convicted on the firearms charges, Martinez faces five years in prison to be served consecutive to any sentence imposed on the drug trafficking charges. Charges in criminal complaints are only accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Joel R. Meyers.
Albuquerque Man Charged with Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – James Ronquillo, 19, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with assault on a federal officer. Ronquillo remains in custody pending a detention hearing, which has yet to be scheduled.
Ronquillo was arrested yesterday afternoon in southwest Albuquerque by the FBI following a undercover drug transaction during which Ronquillo allegedly delivered 207 grams of suspected crack cocaine to an undercover officer in exchange for $7000.
According to the criminal complaint, FBI agents and task force officers conducted surveillance of Ronquillo after the transaction and observed him get into a vehicle and drive down the street. Thereafter, an agent and officer continued surveillance of Ronquillo until they observed Ronquillo driving in the direction of their vehicle. As Ronquillo drove toward them, the agent, who was wearing a bullet-proof vest with law enforcement markings and the word “Police” across the chest, got out of the front passenger seat of the vehicle while the task force officer remained in the driver’s seat. Both the agent and officer observed that Ronquillo allegedly was driving towards them at a high rate of speed and continuing to accelerate. Based on his belief that Ronquillo posed a serious threat of injury or death to the officer and to him, the agent fired his service weapon at Ronquillo immediately before Ronquillo’s vehicle collided with the unmarked vehicle in which the task force officer was seated.
Ronquillo faces a maximum sentence of 20 years in prison if convicted of the charge in the criminal complaint. Allegations in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque Division of the FBI and Albuquerque Police Department officers assigned to the FBI’s Safe Streets Task Force. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.
Political Consultant Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Jason Loera, 44, a political consultant and former resident of Albuquerque, N.M., was arrested Friday in Los Angeles, Calif., by the FBI. Loera’s arrest was based on an indictment alleging child pornography charges that was filed last week in the U.S. District Court for the District of New Mexico. Loera made his initial appearance in federal court in Los Angeles earlier this afternoon. Loera was released on a $20,000.00 bond and under electronic monitoring, and ordered to report to the federal court in Albuquerque to face the charges in the indictment.
The three-count indictment charges Loera with two counts of receiving visual depictions of minors engaged in sexually explicit conduct and one count of possessing visual depictions of minors engaged in sexually explicit conduct. According to the indictment, Loera allegedly committed these offenses in Sept. 2009 and Feb. 2010 in Bernalillo County, N.M.
If convicted of the offenses alleged in the indictment, Loera faces a maximum sentence of not less than five years or more than 20 years in prison. Loera also would be required to register as a sex offender. Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque Division of the FBI and the New Mexico Regional Computer Forensic Laboratory. It is being prosecuted by Assistant U.S. Attorney John C. Anderson 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/.
Crownpoint Man Pleads Guilty to Involuntary Manslaughter Charges Arising Out of the Deaths of Three IndiviudalsRead the Press Release
ALBUQUERQUE – Brendan Harry, 21, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty this morning to an indictment charging him with three counts of involuntary manslaughter and one count of assault resulting in serious bodily injury.
The charges to which Harry pleaded guilty arise out of a single motor vehicle crash that occurred on March 31, 2012, near Borrego Pass, N.M., on the Navajo Indian Reservation. Three individuals who were passengers in the vehicle died as a result of injuries they sustained during the crash. A fourth passenger suffered serious bodily injuries. All four victims were members of the Navajo Nation. During today’s plea hearing, Harry admitted that he was driving while intoxicated and caused the death of three of his passengers and serious injury to a fourth passenger when he crashed the vehicle.
Under the terms of his plea agreement, Harry will be sentenced to 57 months in federal prison followed by three years of supervised release. Harry remains in federal custody pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Federal Jury Convicts El Paso, Texas Man on Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – This morning, a federal jury sitting in Santa Fe, N.M., found Francisco Burciaga, 43, of El Paso, Texas, guilty on a heroin trafficking charge after a four-day trial. The jury’s guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales, Joseph M. Arabit, Special Agent in Charge of the El Paso Division of the DEA, Chief Eric R. Shelton of the New Mexico Motor Transportation Police and Chief Terry Sisneros of the Raton Police Department.
Burciaga was arrested on a heroin trafficking charge on June 24, 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, Burciaga was indicted and charged with possession of heroin with intent to distribute. An earlier 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 began on May 28, 2013, and concluded this morning when the jury returned a guilty verdict against Burciaga on the sole count of the indictment.
The evidence at trial established, 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, who was traveling alone, Burciaga provided a Texas driver’s license and documents reflecting that the vehicle was registered to him at a 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. Together with the vehicle’s recent registration, these observations raised the officer’s suspicions. As a result, the officer asked Burciaga if he had anything illegal in the vehicle. Burciaga responded by saying “you can take a look” and opening the vehicle’s hatchback. 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 vethe 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 packaged 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 testified during the defense case, and claimed that he was unaware of the presence of the heroin in his vehicle and suggested that he was an unwitting carrier.
The jury deliberated approximately 30 minutes before returning a guilty verdict against Burciaga.
Burciaga has been in federal custody since his arrest in June 2008, and remains detained pending his sentencing hearing which has yet to be scheduled. At sentencing, Burciaga faces a maximum penalty of life imprisonment with a mandatory minimum prison sentence of 20 years. According to court filings, Burciaga’s faces this enhanced penalty 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 and the Raton Police Department, with assistance from the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorneys Jon K. Stanford and C. Paige Messec.
Prior Felon from Carlsbad Sentenced to 78 Months in Federal Prison for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – On Tuesday, a federal judge in Las Cruces, N.M., sentenced Basilio Flores, 29, of Carlsbad, N.M., to 78 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm. Flores’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Flores was arrested on Feb. 3, 2012, on a criminal complaint, and has been in federal custody since that time. Flores pled guilty to an indictment on July 2, 2012, that charged him with unlawfully possessing a .40 caliber semi-automatic pistol on Jan. 16, 2012, in Eddy County, N.M. At the time, Flores was prohibited from possessing firearms or ammunition because he previously had been convicted of three felonies in the 5th Judicial District Court for the State of New Mexico, including armed robbery with a deadly weapon.
The case was investigated by the Roswell office of the Bureau of Alcohol Tobacco, Explosives and Firearms and the Carlsbad Police Department, and was prosecuted by Assistant U.S. Attorney Mick I.R. Gutierrez of the U.S. Attorney’s Las Cruces Branch Office.Governor Martinez's Former Campaign Manager Indicted on Computer Intrusion and False Statement ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney Kenneth J. Gonzales and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, announced that a federal grand jury has indicted Jamie Estrada, 40, of Los Lunas, N.M., on computer intrusion and false statement charges. The charges against Estrada arise out of the interception of wire communications intended for others, including New Mexico Governor Susana Martinez and members of her staff.
Counts 1 through 12 of the 14-count indictment allege that Estrada unlawfully intercepted wire communication intended for individuals who had email accounts on an internet domain owned by the Governor’s political organization. According to the indictment, the unlawful interceptions occurred between July 2011 and June 2012. Counts 13 and 14 charge Estrada with making false statements to the FBI in Sept. 2012, in which he allegedly denied taking certain actions to unlawfully intercept wire communications as charged in Counts 1 through 12 of the indictment. Estrada’s arraignment hearing has yet to be scheduled.
In announcing the indictment, U.S. Attorney Gonzales said, “This indictment reflects the high value that my Office places on preserving the integrity of our electronic communications in a digital age. In a time when so much of our personal, professional and financial information is repeatedly transmitted on a daily basis over email and other means of wire communication, it is of paramount importance that we protect electronic information from being diverted, stolen or otherwise misappropriated.”
Special Agent in Charge Lee added, “Thousands of intrusions into corporate networks, personal computers, and government systems occur daily, threatening our privacy, business secrets and even national security. The Albuquerque FBI Division has devoted considerable resources into confronting this growing cyber threat, which is why this indictment today is so important to us. I would like to congratulate the FBI Special Agents and professional staff for their hard work on this case, as well as the U.S. Attorney's Office. The FBI will continue to aggressively pursue individuals who would violate other people’s privacy not by breaking into homes and offices, but by sneaking into computers and wireless devices.”
According to the indictment, in summer 2009, Governor Martinez, who was then the District Attorney in Dona Ana County, N.M., began assembling a political campaign as she prepared to enter the Nov. 2010 gubernatorial race. In July 2009, one of the Governor’s early political supporters registered an internet domain that was designated as www.susana2010.com (the Domain) for a two-year period through an online service. The supporter then donated the Domain, including its username and password, to the Governor’s political organization. The username and password were required for making administrative changes to the Domain, including posting content to the Domain’s website and creating email accounts associated with the Domain. The username and password also were required to renew the registration for the Domain, which was scheduled to expire on July 18, 2011. As the owner of the Domain, the Governor’s political organization had the exclusive right to renew the registration before it expired and during a 42-day grace period following the expiration date.
The indictment alleges that, during the gubernatorial campaign, the Domain became an important tool for the Governor’s political organization. Members of the campaign staff, including Governor Martinez, maintained email accounts on the Domain which they used to communicate with each other as well with the Governor’s political supporters and the media. Estrada allegedly joined the Governor’s political organization as the campaign manager in July 2009, and, in that capacity, was provided with the username and password for the Domain. Estrada allegedly left the campaign in Dec. 2009. Before his departure, the Governor allegedly sent Estrada an email requesting that he return all information belonging to the campaign, including any usernames and passwords to any accounts.
After Governor Martinez was inaugurated in Jan. 2011, the Governor, members of her staff and others continued to use the email accounts associated with the Domain. In July 2011, individuals who had email accounts on the Domain began receiving reports that emails sent to those accounts were bouncing back to the senders and soon determined that the emails were not getting delivered because the Domain had expired. Their efforts to re-register the Domain were unsuccessful because they could not locate or recall the Domain’s username and password. In July 2011 and as part of their efforts to locate the username and password, the Governor’s staff allegedly asked Estrada to provide this information and Estrada allegedly refused to comply with the request.
According to the indictment, in late July 2011, Estrada allegedly used the username and password to renew the Domain and to change the Domain’s settings so that, instead of going to their intended recipients, incoming email communications were directed to an email account on a different domain that was controlled by Estrada. As a result, between late July 2011 and June 2012, Estrada allegedly received email communications intended for recipients, including Governor Martinez and members of her staff, who had email accounts associated with the Domain.
An indictment merely alleges that crimes have been committed, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorneys John C. Anderson and Fred J. Federici.
Indictment
Frederick and Carey Gonzales Plead Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Frederick Gonzales, 42, and his wife Carey Gonzales, 36, both of Albuquerque, N.M., pleaded guilty this morning to federal child pornography charges announced U.S. Attorney Kenneth J. Gonzales, New Mexico Attorney General Gary K. King, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Bernalillo County Sheriff Dan Houston.
Frederick and Carey Gonzales were arrested on state child pornography charges on Jan. 11, 2013. At that time, Frederick Gonzales was the incoming president of Albuquerque’s Young America Football League (YAFL), and Carey Gonzales was employed as a kindergarten teacher’s aide by the Albuquerque Public Schools (APS). Shortly thereafter, the YAFL removed Frederick Gonzales from his position with the organization and APS fired Carey Gonzales. The couple subsequently was arrested on criminal complaints alleging federal child pornography charges on Jan. 18, 2013, by members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.
Frederick and Carey Gonzales were indicted on Feb. 6, 2013. The six-count indictment charged Frederick Gonzales with three counts of receipt of visual depictions of minors engaged in sexually explicit conduct and two counts of possession of visual depictions of minors engaged in sexually explicit conduct. According to the indictment, Frederick Gonzales committed these offenses in Bernalillo County between July 2012 and Jan. 2013. The indictment charged Carey Gonzales with one count of possession of visual depictions of minors engaged in sexually explicit conduct and alleged that she committed the offense in Bernalillo County in Jan. 2013.
Court filings reflect that the charges against Frederick and Carey Gonzales were the result of an undercover investigation that was initiated by the New Mexico Attorney General’s Office in Sept. 2012, and identified an IP Address subscribed to Frederick Gonzales as one that was used to possess, receive and distribute child pornography. As a result of the investigation, on Jan. 11, 2013, the Bernalillo County Sheriff’s Office executed a search warrant at the Gonzales residence and seized computers and computer-related media that contained videos and images consistent with child pornography.
This morning, Frederick Gonzales entered a guilty plea to Count 1 of the indictment charging him with receipt of child pornography. Under the terms of his plea agreement, he will be sentenced to 97 months in federal prison followed by a term of supervised release to be determined by the Court. Gonzales also will be required register as a sex offender. In entering his guilty plea, Frederick Gonzales admitted that, on Jan. 11, 2013, he voluntarily participated in a recorded interview during which he admitted watching child pornography videos. He also admitted that he had been downloading child pornography videos using a file-sharing program for approximately six months.
Carey Gonzales entered a guilty plea to Count 6 of the indictment charging her with possession of child pornography. Under the terms of her plea agreement, Carey Gonzales will be sentenced to 36 months in federal prison followed by 20 years of supervised release. She also will be required to register as a sex offender. During her plea hearing, Carey Gonzales admitted that she too participated in a voluntary recorded interview while the search warrant was being executed at her residence on Jan. 11, 2013. During that interview, Carey Gonzales admitted watching child pornography videos that her husband downloaded and saved.
Frederick Gonzales has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Carey Gonzales was remanded into federal custody after entering her guilty plea. She too will remain in custody pending her sentencing hearing, which has yet to be scheduled.
The case is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees, and was investigated by the following members of the New Mexico ICAC Task Force: the New Mexico Attorney General’s Office, the Bernalillo County Sheriff’s Office, the Albuquerque office of the FBI and the New Mexico Regional Computer Forensic Lab.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as 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 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.Gallup Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Luke Spencer, 48, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pleaded guilty this morning to an involuntary manslaughter charge under a plea agreement with the U.S. Attorney’s Office.
Spencer and his cousin and co-defendant, Thomas Benally, 53, a Navajo man who also resides in Gallup, N.M., were indicted on March 1, 2012. The indictment charged Benally with second degree murder and Spencer with aiding and abetting second degree murder. According to the indictment, Benally, who was 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.
During this morning’s hearing, Spencer entered a guilty plea to a felony information charging him with involuntary manslaughter. In his plea agreement, Spencer admitted that, on the evening of Oct. 2, 2010, he permitted Benally to drive his truck even though he knew that Benally was intoxicated. While driving the truck with Spencer’s permission and with Spencer as a passenger, Benally ran over their uncle, a 71-year-old Navajo man. Spencer acknowledged that Benally and he 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 and his remains were found by a passerby on Oct. 7, 2010. Today, Spencer admitted that he contributed to the victim’s death by giving the keys to his truck to Benally and permitting him to drive while intoxicated.
At sentencing, Spencer faces a maximum penalty of eight years in prison. Under the terms of the plea agreement, the second degree murder charge against Spencer will be dismissed after he is sentenced.
Benally has been in federal custody since his arrest on March 13, 2012. He has entered a not guilty plea to the second degree murder charge against him, which is merely an accusation. Benally is presumed innocent unless found guilty beyond a reasonable doubt.
This case is being 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.
Truth or Consequences Couple Arrested on Federal Prescription Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Michael Capps, 52, and his wife Roberta Capps, 52, both of Truth or Consequences, N.M., appeared in Las Cruces federal court this morning on criminal complaints charging them with conspiracy and the unlawful distribution of the prescription painkillers Oxymorphone and Oxycontin. Roberta Capps waived a preliminary hearing and entered a not guilty plea to the charges against her before being released on conditions of release pending trial. Michael Capps remains in custody pending a preliminary hearing and a detention hearing scheduled for May 29, 2013.
Michael and Roberta Capps were arrested on May 21, 2013, on criminal complaints alleging that they unlawfully distributed quantities of Oxycontin and Oxymorphone to a DEA confidential source on three occasions between Dec. 10, 2012 and Jan. 15, 2013. The complaints allege that Michael and Roberta Capps sold 30 10mg pills of Oxycontin to the confidential source for $340 on Dec. 10, 2012, at the couple’s residence in Truth or Consequences.
According to the complaints, on Dec. 18, 2012, Roberta Capps allegedly sold 60 15mg pills of Oxycontin and five 10mg pills of Oxycontin to the confidential source for $950. During the transaction, Roberta Capps allegedly stated that Michael Capps had obtained the pills from a pharmacy and was aware of the transaction between her and the confidential source.
On Jan. 15, 2013, Roberta Capps allegedly sold 48 10mg pills of Oxycontin, five 60mg pills of Oxycontin and 60 20mg pills of Oxymorphone to the confidential source in Truth or Consequences. During a recorded conversation, Roberta Capps allegedly stated that Michael Capps had obtained the Oxymorphone and she had obtained the Oxycontin that she sold to the confidential source. Roberta Capps also allegedly acknowledged knowing that it was a felony offense to sell the pills.
If convicted of the offenses charged in the criminal complaints, Michael and Roberta Capps each face a maximum penalty of 20 years in prison. Charges in criminal complaints are merely accusations and all defendants are presumed innocent unless found guilty beyond a reasonable doubt.
These cases were investigated by the Las Cruces office of the DEA and the Truth or Consequences Police Department and are being prosecuted by Assistant U.S. Attorney Amanda L. Gould of the U.S. Attorney’s Las Cruces Branch Office.
Jicarilla Apache Woman Sentenced to Federal Prison for Assaulting a Navajo Woman on the Mescalero Apache ReservationRead the Press Release
ALBUQUERQUE – Earlier today, Heather Atole, 28, a member of the Jicarilla Apache Nation, was sentenced in Las Cruces federal court to 20 months in federal prison followed by two years of supervised release for her federal assault conviction. Atole also was ordered to pay $49,321.07 in restitution to cover the cost of medical treatment for the victim.
Atole initially was arrested by the Mescalero Agency of the BIA’s Office of Justice Services on tribal charges on Aug. 21, 2011, based on an assault that occurred on June 27, 2011. She subsequently was arrested by the FBI on a federal criminal complaint on Nov. 22, 2011, and was indicted on Nov. 30, 2011. The indictment charged Atole with (1) assault with a dangerous weapon and (2) assault resulting in serious bodily injury.
According to court filings, Atole repeatedly stabbed a 28-year-old Navajo woman in the early hours of June 27, 2011, during a party at a residence located on the Mescalero Apache Reservation. The victim sustained stab wounds to the upper torso, shoulder and back. Atole later told law enforcement officers that she stabbed the victim because she saw the victim kiss her boyfriend.
On Sept. 11, 2012, Atole pleaded guilty to both counts of the indictment. In entering her guilty plea, Atole admitted stabbing the victim four times with an eight-inch kitchen knife because she perceived the victim to be a romantic rival. Atole has been in federal custody since entering her guilty plea.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Shiprock Woman Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – U.S. Attorney Kenneth J. Gonzales and John Billison, Director of the Navajo Nation Division of Public Safety announced that Tina Benally, 38, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a federal assault charge.
Benally was indicted on Feb. 27, 2013, and charged with (1) assault resulting in serious bodily injury and (2) child abuse. Benally was arrested on March 6, 2013, and has been in federal custody since that time.
During today’s proceedings, Benally pled guilty to the assault charge and admitting that on March 2, 2012, after drinking alcohol, she drove her vehicle at excessive speeds and crashed into a semi-truck. There were two passengers, including a minor child, in Benally’s vehicle at the time of the collision and the adult passenger suffered multiple fractures that required surgery.
Benally remains in federal custody until her sentencing hearing, which has yet to be scheduled. At sentencing, Benally faces a maximum penalty of ten years in prison followed by a term of supervised release to be determined by the court.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Albuquerque Man Pleads Guilty to Robbing Five Businesses During Three-Month Crime SpreeRead the Press Release
ALBUQUERQUE – Julio Francia, 22, of Albuquerque, N.M., pled guilty this morning to robbing five Albuquerque-area businesses and to carrying a firearm during a crime of violence under a plea agreement with the U.S. Attorney’s Office. Francia’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, 2nd Judicial District Attorney Kari E. Brandenburg, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Chief Ray Schultz of the Albuquerque Police Department.
According to court filings, Francia was arrested on state charges on Oct. 17, 2012, on allegations that he committed an armed robbery at a Subway Restaurant located at 8520 Montgomery Blvd. NE in Albuquerque. After Francia admitted committing a number of armed at commercial businesses in Albuquerque, including the Subway Restaurant, between Aug. 2012 and Oct. 2012, the 2nd Judicial District Attorney’s Office charged Francia with numerous armed robbery offenses.
On Nov. 27, 2012, Francia was federally indicted and charged with violating the Hobbs Act by robbing a business engaged in interstate commerce and using a firearm during a crime of violence. The charges in the indictment arose out of the armed robbery of the Subway Restaurant on Oct. 17, 2012. On Feb. 6, 2013, Francia was transferred from state custody to federal custody to face the charges in the federal indictment and the state charges against Francia subsequently were dismissed.
During this morning’s proceedings, Francia pleaded guilty to the indictment charging him with a Hobbs Act robbery at the Subway Restaurant on Oct. 17, 2012, and using a firearm during a crime on violence on that same day. Francia also entered a guilty plea to a four-count felony information charging him with committing Hobbs Act armed robberies at the following Albuquerque businesses: (1) the Auto Zone, located at 12904 Lomas Blvd. NE, on Aug. 15, 2012; (2) the Auto Zone, located at 8820 Montgomery Blvd. NE, on Sept. 21, 2012; (3) the Taco Bell, located at 320 Eubank Blvd. NE, on Oct. 3, 2012; and (4) the Twister’s Restaurant, located at 740 Juan Tabo NE, on Oct. 4, 2012.
Francia has been in federal custody since Feb. 2012, and remains detained pending his sentencing hearing, which has yet to be set. Under the terms of the plea agreement, Francia will be sentenced to a federal prison term of 15 to 20 years.
This 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. It is 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.
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.
Federal Jury Convicts Lea County Man on Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a guilty verdict this afternoon against Cody Allen Little, 34, of Lovington, N.M., on a two-count superseding indictment alleging violations of the federal firearms laws after a two-day trial. The verdict was announced by U.S. Attorney Kenneth J. Gonzales, 5th Judicial District Attorney Janetta B. Hicks, and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Little was arrested on a criminal complaint in June 2012, and subsequently was charged with being a felon in possession of firearms and ammunition and possession of stolen firearms in a superseding indictment. The superseding indictment alleged that Little unlawfully possessed firearms and ammunition, including a stolen assault rifle and a stolen shotgun, on Nov. 1, 2011, in Lea County, N.M. At the time, Little was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in the 5th Judicial District Court for the State of New Mexico in Lea County: (1) burglary, battery on a peace officer and possession of drug paraphernalia, (2) battery on a peace officer and resisting an officer, and (3) burglary and larceny.
According to the evidence at trial, on the night of Oct. 24, 2011, the “Southwest Arms,” a gun shop in Lovington that was owned and operated by a federal firearms licensee (FFL), was burglarized and seven weapons, including several assault rifles, were stolen. Within days, law enforcement authorities and the FFL received tips that led officers to focus on Little, who was renting in a converted well-house located on a residential property less than half a mile away from the gun shop, as a potential suspect in the burglary.
On Nov. 1, 2011, officers went to the residential property on which the well-house was located to follow up on the tips. While speaking with an individual at the residence, the officers saw Little walk out of the well-house and away from the area where the officers were standing, and disappear from sight. When an officer walked to the area where Little was last seen, he observed a storage shed with its doors secured in the open position. Glancing into the shed, the officer observed parts of an AR 15 style assault rifle and AR 15 style assault rifles in plain view.
After obtaining a search warrant for the property, officers recovered two firearms and ammunition from the well-house where Little was living. The first firearm, a .308 caliber assault rifle with a loaded 19-round magazine, was found inside a sleeping bag in the well-house. The second, a 12 gauge shotgun, was found under the bed in the well-house. Two shot gun shells were found on a shelf above the bed. Both firearms were among the weapons stolen from the gun shop on Oct. 24, 2011. After confirming that Little was residing in the well-house, the officers arrested Little on state charges on Nov. 2, 2011.
The jury deliberated approximately 50 minutes before returning a guilty verdict on both counts of the superseding indictment.
The state charges against Little were dismissed after he was arrested on federal charges. Little has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled. Little faces a maximum sentence of ten years in prison unless the court determines that he is an armed career criminal. In that event, Little faces a mandatory minimum sentence of 15 years in prison.
U.S. Attorney Kenneth J. Gonzales said that the case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.District Attorney Janetta B. Hicks noted, “Our partnership with the U. S. Attorney’s Office is integral to reducing the violence in southeastern New Mexico. It is imperative to remove armed felons from our community.”
“Anytime we can prevent a prohibited felon from possessing this much firepower, our communities are safer,” stated ATF Special Agent in Charge, Thomas G. Atteberry. “I want to commend the leadership of U.S. Attorney Kenneth J. Gonzales and his prosecution team, in addition to the dedicated ATF agents and local law enforcement that perfected this criminal case.”
The case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance from the 5th Judicial District Attorney’s Office, the Lovington Police Department and the Lea County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorneys Marisa A. Lizarraga, Shaheen P. Torgoley and Mick I.R. Gutierrez of the U.S. Attorney’s Las Cruces Branch Office.Federal Jury Convicts Lea County Man on Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a guilty verdict this afternoon against Cody Allen Little, 34, of Lovington, N.M., on a two-count superseding indictment alleging violations of the federal firearms laws after a two-day trial. The verdict was announced by U.S. Attorney Kenneth J. Gonzales, 5th Judicial District Attorney Janetta B. Hicks, and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Little was arrested on a criminal complaint in June 2012, and subsequently was charged with being a felon in possession of firearms and ammunition and possession of stolen firearms in a superseding indictment. The superseding indictment alleged that Little unlawfully possessed firearms and ammunition, including a stolen assault rifle and a stolen shotgun, on Nov. 1, 2011, in Lea County, N.M. At the time, Little was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in the 5th Judicial District Court for the State of New Mexico in Lea County: (1) burglary, battery on a peace officer and possession of drug paraphernalia, (2) battery on a peace officer and resisting an officer, and (3) burglary and larceny.
According to the evidence at trial, on the night of Oct. 24, 2011, the “Southwest Arms,” a gun shop in Lovington that was owned and operated by a federal firearms licensee (FFL), was burglarized and seven weapons, including several assault rifles, were stolen. Within days, law enforcement authorities and the FFL received tips that led officers to focus on Little, who was renting in a converted well-house located on a residential property less than half a mile away from the gun shop, as a potential suspect in the burglary.
On Nov. 1, 2011, officers went to the residential property on which the well-house was located to follow up on the tips. While speaking with an individual at the residence, the officers saw Little walk out of the well-house and away from the area where the officers were standing, and disappear from sight. When an officer walked to the area where Little was last seen, he observed a storage shed with its doors secured in the open position. Glancing into the shed, the officer observed parts of an AR 15 style assault rifle and AR 15 style assault rifles in plain view.
After obtaining a search warrant for the property, officers recovered two firearms and ammunition from the well-house where Little was living. The first firearm, a .308 caliber assault rifle with a loaded 19-round magazine, was found inside a sleeping bag in the well-house. The second, a 12 gauge shotgun, was found under the bed in the well-house. Two shot gun shells were found on a shelf above the bed. Both firearms were among the weapons stolen from the gun shop on Oct. 24, 2011. After confirming that Little was residing in the well-house, the officers arrested Little on state charges on Nov. 2, 2011.
The jury deliberated approximately 50 minutes before returning a guilty verdict on both counts of the superseding indictment.
The state charges against Little were dismissed after he was arrested on federal charges. Little has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled. Little faces a maximum sentence of ten years in prison unless the court determines that he is an armed career criminal. In that event, Little faces a mandatory minimum sentence of 15 years in prison.
U.S. Attorney Kenneth J. Gonzales said that the case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.District Attorney Janetta B. Hicks noted, “Our partnership with the U. S. Attorney’s Office is integral to reducing the violence in southeastern New Mexico. It is imperative to remove armed felons from our community.”
“Anytime we can prevent a prohibited felon from possessing this much firepower, our communities are safer,” stated ATF Special Agent in Charge, Thomas G. Atteberry. “I want to commend the leadership of U.S. Attorney Kenneth J. Gonzales and his prosecution team, in addition to the dedicated ATF agents and local law enforcement that perfected this criminal case.”
The case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance from the 5th Judicial District Attorney’s Office, the Lovington Police Department and the Lea County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorneys Marisa A. Lizarraga, Shaheen P. Torgoley and Mick I.R. Gutierrez of the U.S. Attorney’s Las Cruces Branch Office.Federal Jury Convicts Lea County Man on Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a guilty verdict this afternoon against Cody Allen Little, 34, of Lovington, N.M., on a two-count superseding indictment alleging violations of the federal firearms laws after a two-day trial. The verdict was announced by U.S. Attorney Kenneth J. Gonzales, 5th Judicial District Attorney Janetta B. Hicks, and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Little was arrested on a criminal complaint in June 2012, and subsequently was charged with being a felon in possession of firearms and ammunition and possession of stolen firearms in a superseding indictment. The superseding indictment alleged that Little unlawfully possessed firearms and ammunition, including a stolen assault rifle and a stolen shotgun, on Nov. 1, 2011, in Lea County, N.M. At the time, Little was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in the 5th Judicial District Court for the State of New Mexico in Lea County: (1) burglary, battery on a peace officer and possession of drug paraphernalia, (2) battery on a peace officer and resisting an officer, and (3) burglary and larceny.
According to the evidence at trial, on the night of Oct. 24, 2011, the “Southwest Arms,” a gun shop in Lovington that was owned and operated by a federal firearms licensee (FFL), was burglarized and seven weapons, including several assault rifles, were stolen. Within days, law enforcement authorities and the FFL received tips that led officers to focus on Little, who was renting in a converted well-house located on a residential property less than half a mile away from the gun shop, as a potential suspect in the burglary.
On Nov. 1, 2011, officers went to the residential property on which the well-house was located to follow up on the tips. While speaking with an individual at the residence, the officers saw Little walk out of the well-house and away from the area where the officers were standing, and disappear from sight. When an officer walked to the area where Little was last seen, he observed a storage shed with its doors secured in the open position. Glancing into the shed, the officer observed parts of an AR 15 style assault rifle and AR 15 style assault rifles in plain view.
After obtaining a search warrant for the property, officers recovered two firearms and ammunition from the well-house where Little was living. The first firearm, a .308 caliber assault rifle with a loaded 19-round magazine, was found inside a sleeping bag in the well-house. The second, a 12 gauge shotgun, was found under the bed in the well-house. Two shot gun shells were found on a shelf above the bed. Both firearms were among the weapons stolen from the gun shop on Oct. 24, 2011. After confirming that Little was residing in the well-house, the officers arrested Little on state charges on Nov. 2, 2011.
The jury deliberated approximately 50 minutes before returning a guilty verdict on both counts of the superseding indictment.
The state charges against Little were dismissed after he was arrested on federal charges. Little has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled. Little faces a maximum sentence of ten years in prison unless the court determines that he is an armed career criminal. In that event, Little faces a mandatory minimum sentence of 15 years in prison.
U.S. Attorney Kenneth J. Gonzales said that the case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.District Attorney Janetta B. Hicks noted, “Our partnership with the U. S. Attorney’s Office is integral to reducing the violence in southeastern New Mexico. It is imperative to remove armed felons from our community.”
“Anytime we can prevent a prohibited felon from possessing this much firepower, our communities are safer,” stated ATF Special Agent in Charge, Thomas G. Atteberry. “I want to commend the leadership of U.S. Attorney Kenneth J. Gonzales and his prosecution team, in addition to the dedicated ATF agents and local law enforcement that perfected this criminal case.”
The case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance from the 5th Judicial District Attorney’s Office, the Lovington Police Department and the Lea County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorneys Marisa A. Lizarraga, Shaheen P. Torgoley and Mick I.R. Gutierrez of the U.S. Attorney’s Las Cruces Branch Office.Jicarilla Apache Man Pleads Guilty to Federal Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Jordan Vigil, 27, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty this morning to a two-count indictment charging him with possession of marijuana with intent to distribute, and possession of psilocin (mushrooms) with intent to distribute. Vigil entered his guilty plea without the benefit of any plea agreement.
Vigil was arrested on Jan. 18, 2013, following the filing of the indictment on Jan. 10, 2013. The indictment alleges that Vigil was in possession of distribution amounts of marijuana and psilocin on March 10, 2012, in Rio Arriba County. This morning, Vigil entered a guilty plea to the indictment.
At sentencing, Vigil faces a maximum penalty of five years in prison on the marijuana charge and twenty years on the psilocin charge. His sentencing hearing has yet to be scheduled.
The case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Gallup Man Sentenced to Twenty-Five Months in Federal Prison for Assault Arising from Domestic Violence IncidentRead the Press Release
ALBUQUERQUE –Derek Yabeny, 27, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was sentenced this morning to 25 months in prison followed by three years of supervised release for his assault conviction. Yabeny also was ordered to participate in domestic violence counseling and counseling for substance abuse.
Yabeny was arrested on a criminal complaint in Oct. 2012, and has been in custody since that time. He subsequently was indicted and charged with assault resulting in serious bodily injury, and abandonment or abuse of a child. According to the criminal complaint, on Oct. 7, 2012, Yabeny assaulted his girlfriend, who is the mother of his two-year old toddler. At the time of the assault, the victim was carrying her infant daughter. The victim sustained two orbital fractures as a result of the assault.
On Feb. 19, 2013, Yabeny entered a guilty plea to Count one of the indictment. Yabeny admitted assaulting the victim, a Navajo woman, by striking her with his fists and causing her to suffer serious bodily injury. The assault occurred on the grounds of the Shiprock Fair, which are located on the Navajo Indian Reservation, on Oct. 7, 2012.
As required by the terms of the plea agreement, Count 2 of the indictment, the child abuse charge, was dismissed after Yabeny was sentenced.
The case was investigated by the Albuquerque office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Special Assistant U.S. Attorney David M. Adams.
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.
Armed Career Criminal Pleads Guilty to Unlawful Possession of AmmunitionRead the Press Release
ALBUQUERQUE – Jonathan Matthew Sandoval, 26, of Albuquerque, N.M., entered a guilty plea this morning to being a felon in possession of ammunition. Under the terms of his plea agreement, Sandoval will be sentenced to 15 years in federal prison. Sandoval’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sandoval pled guilty to Count 1 of a superseding indictment charging him with unlawfully possessing ammunition in Aug. 2011, in Bernalillo County, N.M. At the time, Sandoval was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses in the 2nd Judicial District Court for the State of New Mexico, including four residential burglaries, an escape from community custody release program, and possession of a controlled substance. Sandoval also previously had been convicted of residential burglary in the 13th Judicial District Court for the State of New Mexico.
During today’s proceedings, Sandoval admitted possessing 30 cartridges of ammunition on Aug. 24, 2011, found in the trunk of his vehicle by law enforcement officers. Sandoval admitted telling the officers that the ammunition belonged to him and that he had purchased the ammunition at a shooting range.
Sandoval has been in federal custody since Dec. 2011, when he was transferred from state custody to face the charges in this case. Sandoval will remain detained pending his sentencing hearing, which has yet to be scheduled, when he will be sentenced under the Armed Career Criminal Act, which requires a mandatory minimum 15 year prison sentence for career criminals.
Sandoval was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office. It is being prosecuted by Assistant U.S. Attorney Lynn W.Y. Wang.Albuquerque Woman Pleads Guilty to Aggravated Identity Theft ChargesRead the Press Release
ALBUQUERQUE – Shelly Nichols, 42, of Albuquerque, N.M., pleaded guilty this morning to identity theft and aggravated identity theft charges. Nichols’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales and Richard Ferretti, Resident Agent in Charge of the Albuquerque Resident Office of the U.S. Secret Service.
Nichols, who is now known by her married name Shelly Lopez, and her co-defendant, Donna Gabaldon, 41, of Rio Rancho, N.M., were charged in March 2012, in a 60-count indictment alleging identity theft, passing counterfeit checks with the intent to deceive bank officials, and aggravated identity theft charges.
During this morning’s proceedings, Nichols pleaded guilty to one count of identity theft and two counts of aggravated identity theft. Nichols admitted that from Oct. 2009 through June 2010, she and Gabaldon cashed fake payroll checks at Wal-Mart stores in New Mexico, Arizona, Utah, Colorado and Texas. According to the plea agreement, Nichols created fake drivers’ licenses with false names, addresses and license numbers that had photographs of herself or Gabaldon on them. Nichols also created fake checks made payable to the individuals identified in the fake drivers’ licenses. Nichols and Gabaldon then used the fake drivers’ licenses to cash the fake checks at Wal-Mart stores. When cashing the fake checks, Nichols and Gabaldon used the social security numbers of real people who did not know the women were using their social security numbers and had not given them permission to do so. Gabaldon gave Nichols half of the money that she obtained from cashing the fake checks.
In her plea agreement, Nichols admitted that Gabaldon and she fraudulently received at least $141,233.57 by cashing fake payroll checks at Wal-Mart stores. Nichols and Gabaldon obtained additional cash and other items of value by making purchases using fake personal checks that Nichols printed.
Under the terms of the plea agreement, Nichols will be sentenced to 25 months in federal prison followed by five years of supervised release. Nichols also will have to pay $141,233.57 in restitution to the victims of her criminal conduct. The restitution is to be paid jointly by Nichols and Gabaldon. Nichols also will forfeit a 2009 Hummer, computers and other electronic equipment. Nichols remains on conditions of release pending her sentencing hearing, which has not yet been scheduled.
Gabaldon pleaded guilty on May 25, 2012, to two counts of aggravated identity theft. On Sept. 19, 2012, Gabaldon was sentenced to 24 months in prison followed by a year of supervised release.
“Shelly Nichols was a top five Property Crime Offender in the city of Albuquerque and State of New Mexico when she was arrested in this case,” said Richard Ferretti, Resident Agent in Charge of the Albuquerque Resident Office of the U.S. Secret Service. “Identity theft related investigations are a top priority of the U.S. Secret Service in Albuquerque, and we work closely with our partners in the Albuquerque Financial Crimes Task Force to aggressively investigate, arrest, and prosecute those committing these crimes.”
U.S. Attorney Kenneth J. Gonzales commended the U.S. Secret Service special agents who investigated the case and Assistant U.S. Attorney Cynthia L. Weisman who prosecuted the case.Sanostee, N.M., Man Pleads Guilty to Federal Aggravated Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Lorenzo Begay, 49, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pleaded guilty this afternoon to an aggravated sexual abuse charge. Under the terms of the plea agreement, Begay will be sentenced to five years in federal prison followed by a term of supervised release to be determined by the court. Begay also will be required to register as a sex offender.
Begay was arrested in Jan. 2012, on a criminal complaint alleging that he sexually abused a child under the age of 12 from July 2010 through June 2011, within the boundaries of the Navajo Nation Reservation. Begay subsequently was indicted on that same charge. According to court filings, the investigation into Begay was initiated after law enforcement authorities received a referral from the Navajo Nation Division of Social Services after the child victim disclosed the sexual abuse to a school social worker.
During today’s hearing, Begay entered a guilty plea to a felony information charging him with aggravated sexual abuse and admitted sexually abusing the child victim. Begay was remanded into the custody of the U.S. Marshals Service after entering his guilty plea. He will remain detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Office of the Navajo Nation Division of Public Safety. The case 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/.
Last of Nine Defendants Charged with Participation in Anthony, N.M., Drug Trafficking Ring SentencedRead the Press Release
ALBUQUERQUE – In Jan. 2012, the owners and operators of a pecan farm in Anthony, N.M., their two sons and four others were arrested on a 24-count indictment alleging federal drug trafficking and money laundering offenses. A ninth defendant, who was separately charged, also was arrested. By Aug. 2012, all nine defendants had pleaded guilty either to drug trafficking or money laundering charges, or both. Today, the case concluded with the sentencing of Sandra L. Portillo.
The successful conclusion of these cases was announced by U.S. Attorney Kenneth J. Gonzales, Joseph M. Arabit, Special Agent in Charge of the El Paso Division of the DEA, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
The individuals charged in the indictment included Oscar L. Portillo, Sr., 55, and his wife Sandra L. Portillo, 52, who were part owners and operators of “Pettit Farms and Nursery,” a pecan farm and nursery in Anthony (the pecan farm), and their sons, Matthew Portillo, 27, and Oscar Portillo, Jr., 30. Also charged were Cesar Ramos, 33, Fernando A. Ramos, 41, and Ruben Ortiz-Rivera, 48, of El Paso, Tex., and Natasha N. Coronado, 24, of Vinton, Tex. April Garcia, 37, a codes enforcement officer employed by the Horizon City (Texas) Police Department, was charged with money laundering in a criminal complaint.
Count 1 of the indictment charged all eight defendants with conspiracy to distribute cocaine and heroin. Count 2 charged certain defendants with maintaining a place for storing and distributing drugs. Counts 3, 5, 9 and 21 charged certain defendants with distributing cocaine and aiding and abetting the distribution of cocaine. Count 11 charged certain defendants with conspiracy to launder money and Counts 4, 6, 7, 8, 10, 12, 13, 14, 16, 22 and 23 charged certain defendants with money laundering. Count 15 charged certain defendants with distribution of heroin. Counts 17, 18, 19 and 20 charged certain defendants with using communication devises to further the commission of drug trafficking crimes. Count 24 charged certain defendants with possession of cocaine with intent to distribute.
During their respective plea hearings, the defendants admitted conspiring to distribute cocaine and heroin in Dona Ana County, N.M., between Sept. 2011 and Jan. 2012. Oscar L. Portillo, Sr., and Sandra L. Portillo used the pecan farm as a place to store and sell drugs, and the Portillos and their sons sold drugs to an undercover agent on five separate occasions. The Portillos laundered the proceeds from some of these drug deals by (i) asking the undercover agent pay for the drugs with money orders which they subsequently cashed and deposited into bank accounts in the name of the pecan farm, and (ii) providing the agent with invoices that falsely asserted that the agent purchased pecan trees. Cesar Ramos and Fernando Ramos and their subordinate, Ruben Ortiz-Rivera, were the sources of drug supply for the Portillo family.
Oscar L. Portillo, Sr., was charged in Counts 1 through 16, and 21 through 24 of the indictment. Portillo pleaded guilty to each of these counts in Aug. 2012, and was sentenced to 98 months in prison followed by four years of supervised release on May 8, 2013.
Sandra L. Portillo was charged in Counts 1, 2, 10 through 14, and 18 of the indictment. Portillo pled guilty to each of these counts in Aug. 2012. Earlier today, Portillo was sentenced to 15 months in prison followed by three years of supervised release.
Oscar L. Portillo, Sr. and Sandra L. Portillo also were ordered to forfeit $135,735.64, the value of their ownership interest in the pecan farm which was sold after they were arrested. The court also entered a money judgment in the amount of $17,900.00 against the Portillos and their son Matthew Portillo.
Matthew Portillo was charged in Counts 1, 3, 4, 5, 6, 17, 18, 20 and 24 of the indictment. Portillo pled guilty to each of these counts in Aug. 2012, and was sentenced on May 8, 2013, to five years in prison followed by four years of supervised release.
Oscar Portillo, Jr., was charged in Counts 1, 17, 22 and 23 of the indictment. In May 2012, Portillo pleaded guilty to Count 23 of the indictment, and on Sept. 26, 2012, he was sentenced to 15 months in prison followed by three years of supervised release.
Cesar Ramos was charged in Counts 1, 3, 15, 16, 19, 21, 22 and 23 of the indictment. In Aug. 2012, Cesar Ramos pleaded guilty to each of these counts, and on March 26, 2013, he was sentenced to ten years in prison. Ramos is a Mexican national and he will be deported after he completes his prison sentence.
Fernando Ramos was charged in Count 1 of the indictment. In Aug. 2012, Ramos pleaded guilty to that count, and on Jan. 30, 2013, he was sentenced to 30 months in prison followed by three years of supervised release.
Natasha N. Coronado was charged in Counts 1 and 20 of the indictment. In May 2012, Coronado pled guilty to those two counts, and on Aug. 24, 2012, she was sentenced to time served (212 days) followed by three years of supervised release.
Ruben Ortiz-Rivera was charged in Counts 1 and 19 of the indictment. In May 2012, Ortiz-Rivera pled guilty to those two counts, and on April 17, 2013, he was sentenced to 15 months in prison. Ortiz-Rivera is a Mexican national and he will be deported after he completes his prison sentence.
In May 2012, April Garcia pleaded guilty to a felony information charging her with conspiracy to launder money. On Feb. 12, 2013, Garcia was sentenced to a one-year term of probation.
The cases were prosecuted by Assistant U.S. Attorneys Renee L. Camacho and Sarah M. Davenport, and were investigated by DEA, IRS Criminal Investigation and FBI, with support from the Bureau of Alcohol, Tobacco, Firearms & Explosives, the New Mexico State Police, the Las Cruces Police Department, the El Paso County Sheriff’s Office, and the Las Cruces Metro Narcotics Task Force. These cases were the result of a multi-agency investigation brought under the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.Last of Nine Defendants Charged with Participation in Anthony, N.M., Drug Trafficking Ring SentencedRead the Press Release
ALBUQUERQUE – In Jan. 2012, the owners and operators of a pecan farm in Anthony, N.M., their two sons and four others were arrested on a 24-count indictment alleging federal drug trafficking and money laundering offenses. A ninth defendant, who was separately charged, also was arrested. By Aug. 2012, all nine defendants had pleaded guilty either to drug trafficking or money laundering charges, or both. Today, the case concluded with the sentencing of Sandra L. Portillo.
The successful conclusion of these cases was announced by U.S. Attorney Kenneth J. Gonzales, Joseph M. Arabit, Special Agent in Charge of the El Paso Division of the DEA, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
The individuals charged in the indictment included Oscar L. Portillo, Sr., 55, and his wife Sandra L. Portillo, 52, who were part owners and operators of “Pettit Farms and Nursery,” a pecan farm and nursery in Anthony (the pecan farm), and their sons, Matthew Portillo, 27, and Oscar Portillo, Jr., 30. Also charged were Cesar Ramos, 33, Fernando A. Ramos, 41, and Ruben Ortiz-Rivera, 48, of El Paso, Tex., and Natasha N. Coronado, 24, of Vinton, Tex. April Garcia, 37, a codes enforcement officer employed by the Horizon City (Texas) Police Department, was charged with money laundering in a criminal complaint.
Count 1 of the indictment charged all eight defendants with conspiracy to distribute cocaine and heroin. Count 2 charged certain defendants with maintaining a place for storing and distributing drugs. Counts 3, 5, 9 and 21 charged certain defendants with distributing cocaine and aiding and abetting the distribution of cocaine. Count 11 charged certain defendants with conspiracy to launder money and Counts 4, 6, 7, 8, 10, 12, 13, 14, 16, 22 and 23 charged certain defendants with money laundering. Count 15 charged certain defendants with distribution of heroin. Counts 17, 18, 19 and 20 charged certain defendants with using communication devises to further the commission of drug trafficking crimes. Count 24 charged certain defendants with possession of cocaine with intent to distribute.
During their respective plea hearings, the defendants admitted conspiring to distribute cocaine and heroin in Dona Ana County, N.M., between Sept. 2011 and Jan. 2012. Oscar L. Portillo, Sr., and Sandra L. Portillo used the pecan farm as a place to store and sell drugs, and the Portillos and their sons sold drugs to an undercover agent on five separate occasions. The Portillos laundered the proceeds from some of these drug deals by (i) asking the undercover agent pay for the drugs with money orders which they subsequently cashed and deposited into bank accounts in the name of the pecan farm, and (ii) providing the agent with invoices that falsely asserted that the agent purchased pecan trees. Cesar Ramos and Fernando Ramos and their subordinate, Ruben Ortiz-Rivera, were the sources of drug supply for the Portillo family.
Oscar L. Portillo, Sr., was charged in Counts 1 through 16, and 21 through 24 of the indictment. Portillo pleaded guilty to each of these counts in Aug. 2012, and was sentenced to 98 months in prison followed by four years of supervised release on May 8, 2013.
Sandra L. Portillo was charged in Counts 1, 2, 10 through 14, and 18 of the indictment. Portillo pled guilty to each of these counts in Aug. 2012. Earlier today, Portillo was sentenced to 15 months in prison followed by three years of supervised release.
Oscar L. Portillo, Sr. and Sandra L. Portillo also were ordered to forfeit $135,735.64, the value of their ownership interest in the pecan farm which was sold after they were arrested. The court also entered a money judgment in the amount of $17,900.00 against the Portillos and their son Matthew Portillo.
Matthew Portillo was charged in Counts 1, 3, 4, 5, 6, 17, 18, 20 and 24 of the indictment. Portillo pled guilty to each of these counts in Aug. 2012, and was sentenced on May 8, 2013, to five years in prison followed by four years of supervised release.
Oscar Portillo, Jr., was charged in Counts 1, 17, 22 and 23 of the indictment. In May 2012, Portillo pleaded guilty to Count 23 of the indictment, and on Sept. 26, 2012, he was sentenced to 15 months in prison followed by three years of supervised release.
Cesar Ramos was charged in Counts 1, 3, 15, 16, 19, 21, 22 and 23 of the indictment. In Aug. 2012, Cesar Ramos pleaded guilty to each of these counts, and on March 26, 2013, he was sentenced to ten years in prison. Ramos is a Mexican national and he will be deported after he completes his prison sentence.
Fernando Ramos was charged in Count 1 of the indictment. In Aug. 2012, Ramos pleaded guilty to that count, and on Jan. 30, 2013, he was sentenced to 30 months in prison followed by three years of supervised release.
Natasha N. Coronado was charged in Counts 1 and 20 of the indictment. In May 2012, Coronado pled guilty to those two counts, and on Aug. 24, 2012, she was sentenced to time served (212 days) followed by three years of supervised release.
Ruben Ortiz-Rivera was charged in Counts 1 and 19 of the indictment. In May 2012, Ortiz-Rivera pled guilty to those two counts, and on April 17, 2013, he was sentenced to 15 months in prison. Ortiz-Rivera is a Mexican national and he will be deported after he completes his prison sentence.
In May 2012, April Garcia pleaded guilty to a felony information charging her with conspiracy to launder money. On Feb. 12, 2013, Garcia was sentenced to a one-year term of probation.
The cases were prosecuted by Assistant U.S. Attorneys Renee L. Camacho and Sarah M. Davenport, and were investigated by DEA, IRS Criminal Investigation and FBI, with support from the Bureau of Alcohol, Tobacco, Firearms & Explosives, the New Mexico State Police, the Las Cruces Police Department, the El Paso County Sheriff’s Office, and the Las Cruces Metro Narcotics Task Force. These cases were the result of a multi-agency investigation brought under the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.Former Executive Director of Albuquerque-Based Halfway House Pleads Guilty to Federal Embezzlement and Tax OffensesRead the Press Release
ALBUQUERQUE – Robin Cash, 56, of Albuquerque, N.M., pleaded guilty this morning to a seven-count indictment charging her with four counts of theft concerning programs receiving federal funds, and three counts of willful failure to file a tax return. Cash entered her guilty plea without the benefit of any plea agreement. Cash’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
At the time of the offenses to which she pleaded guilty, Cash was employed as the Executive Director of the La Pasada Halfway House (La Pasada), a residential center in Albuquerque that provides housing for defendants in the federal criminal justice system, including those awaiting trial and those who are re-entering society after serving a prison sentence. Court filings reflect that the Pretrial Services Office (PTS) of the U.S. District Court for the District of New Mexico contracted with the not-for-profit corporation that operates La Pasada to cover the costs of providing a custodial residential environment for federal defendants. PTS made monthly payments of approximately $60,000 to $80,000 to La Pasada to cover these costs, and La Pasada deposited the funds in its business bank account.
According to the indictment, after Cash became Executive Director of La Pasada in April 2008, she was added as a signatory on the halfway house’s business bank account and received a debit card for the account. Between Sept. 2008 and Jan. 2011, Cash made unauthorized debits to La Pasada’s business bank account and used the proceeds for her own benefit and not for La Pasada’s benefit. The unauthorized debits included checks written for services that were never provided to La Pasada; ATM withdrawals at various Albuquerque locations, including casinos; and debit card charges at casinos in Las Vegas, Nev.
In April 2010, Cash opened a checking account and corresponding bank account in the name of La Pasada without authorization. Thereafter and until Feb. 2011, Cash regularly took funds that La Pasada residents were required to pay to defray their housing costs and deposited the funds into the unauthorized account. She then used the funds to pay for personal expenses that did not benefit La Pasada.
During today’s plea hearing, Cash pleaded guilty to Counts 1 through 4 of the indictment and admitted that, while acting as an agent of an organization that received at least $10,000 in funds on an annual basis under a federal program, she embezzled funds from the organization and converted those funds for her own use. Cash also pleaded guilty to Counts 5 through 7 of the indictment and admitted that she failed to federal file income returns for calendar years 2008, 2009 and 2010.
At sentencing, Cash faces a maximum penalty of ten years in prison on each of the four theft offenses and a maximum penalty of one year in prison on each of the three tax offenses. Her sentencing date has yet to be scheduled.
The case was investigated by IRS Criminal Investigation, and is being prosecuted by Assistant U.S. Attorney John C. Anderson.Arizona Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Lauren Christine Nunez, 20, of Tucson, Ariz., pleaded guilty this afternoon in Las Cruces federal court to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office. Her co-defendant Kevin James Fitzgerald, 19, also of Tucson, pleaded guilty to the same methamphetamine trafficking charges on April 16, 2013.
Nunez and Fitzgerald were arrested on the night of Jan. 19, 2013, and charged with methamphetamine trafficking offenses after Border Patrol agents found 9.2 pounds of methamphetamine in a vehicle Nunez was driving and in which Fitzgerald was a passenger at the U.S. Border Patrol checkpoint on New Mexico Highway 26 near Truth or Consequences, N.M. The methamphetamine, which was contained in tin foil and cellophane-wrapped bundles, was discovered after a narcotics canine alerted to the vehicle thus indicating that the vehicle contained controlled substances.
This afternoon, Nunez pleaded guilty to a two-count felony information charging her with conspiracy and possession of methamphetamine with intent to distribute. In entering her plea, Nunez admitted that, in Jan. 2013, Fitzgerald and she agreed to transport methamphetamine from Arizona to Nebraska, where they intended to deliver the drugs to another person. She also admitted that the methamphetamine had been delivered to Fitzgerald and her more than a week before they were arrested on Jan. 19, 2013, and acknowledged responsibility for the methamphetamine found in their vehicle that night.
Nunez was remanded into federal custody after entering her guilty plea. She will remain detained pending her sentencing hearing, which has yet to be scheduled. Fitzgerald also is in federal custody pending his sentencing hearing. At sentencing, Nunez and Fitzgerald each face a mandatory minimum of ten years and a maximum of life in prison on each of the two offenses to which they pleaded guilty.
This case was investigated by the Las Cruces office of the DEA and the Truth or Consequences Border Patrol Station of U.S. Customs and Border Protection, and is being prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office.Alamogordo Man Pleads Guilty to Robbing Bank in Hatch, N.M., in October 2012Read the Press Release
ALBUQUERQUE – Kenneth Morral, 31, of Alamogordo, N.M., pleaded guilty this afternoon to a bank robbery charge and admitted robbing the First New Mexico Bank in Hatch, N.M., on Oct. 19, 2012. Morral entered his guilty plea without the benefit of any plea agreement.
The First New Mexico Bank was robbed in the early afternoon of Oct. 19, 2012, by two men who approached two bank tellers and verbally demanded money. After obtaining money from the bank tellers, the men departed the bank and 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, 48, of Los Lunas, N.M. Garcia was arrested the next day after sources identified him as one of the men who perpetrated the bank robbery. Morral was identified as the other bank robber by a source on Oct. 25, 2012.
Jacleen Lorraine Henderson, 29, also of Los Lunas, assisted Garcia and Morral in the aftermath of the bank robbery after 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. Morral was arrested in Gallup, N.M., by the McKinley County Sheriff’s Office on Nov. 14, 2012.
Morral has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. On Jan. 15, 2013, Garcia pleaded guilty to bank robbery. Garcia too remains detained pending his yet to be scheduled sentencing hearing. Morral and Garcia each face a maximum penalty of 20 years in prison when they are sentenced. Henderson pleaded guilty to being an accessory after the fact on Jan. 29, 2013. She is detained pending her sentencing hearing and faces a maximum penalty of ten years in prison.
These cases are being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and E. Garreth Winstead of the U.S. Attorney’s Las Cruces Branch Office, and were investigated by the FBI and the Hatch Police Department with assistance from U.S. Customs and Border Protection and the McKinley County Sheriff’s Office.
Roswell Man Pleads Guilty to Carrying a Firearm in Relation to a Drug Trafficking CrimeRead the Press Release
ALBUQUERQUE – Richard D. Crisman, 28, of Rio Rancho, N.M., was sentenced today to 97 months in federal prison followed by 25 years of supervised release for his conviction for receipt of child pornography. Crisman also was ordered to pay a $15,000.00 fine. He will be required to register as a sex offender after he completes his prison sentence. Crisman’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) El Paso.
Crisman was arrested in Sept. 2011 as part of Operation Predator, an investigative effort by federal, state and local law enforcement affiliates of the New Mexico Internet Crimes Against Children (ICAC) Task Force aimed at identifying individuals throughout New Mexico involved in the distribution, receipt, and possession of child pornography through peer-to-peer file sharing programs. Twenty-two search warrants were executed and eight defendants were arrested in Sept. 2010 as a result of Operation Predator. All eight defendants have been convicted of child pornography offenses and are serving prison sentences.
Crisman was charged with three counts of receipt of a visual depiction of minors engaged in sexually explicit conduct, and three counts of possession of a matter containing visual depictions of minors engaged in sexually explicit conduct. In Feb. 2012, Crisman pleaded guilty to Count 2 of the indictment, a receipt of child pornography charge.
According to court records, Crisman was arrested as a result of an undercover investigation that revealed that Crisman received and possessed child pornography images through a peer-to-peer file sharing program in Nov. 2009, Feb. 2010, April 2010, June 2010 and July 2010. As a result of the investigation, in Sept 2010, law enforcement officers executed a search warrant at Crisman’s residence and seized computers and computer-related media that contained evidence of child pornography. While the search warrant was executed, Crisman voluntarily participated in a recorded interview during which he admitted using his computers to view child pornography.
Crisman has acknowledged that a forensic examination of his computers and computer-related media uncovered more than 14,000 images and 40 videos of child pornography. He also has acknowledged that the National Center for Missing and Exploited Children determined that the child pornography images and videos found on his computers and computer-related media included 1,884 child pornography images of more than 100 children who have been identified as child pornography victims and have been rescued, and nine child pornography videos of five children who have been identified as child pornography victims and have been rescued.
As required by Crisman’s plea agreement, Counts 1, 3 and 4 through 6 of the indictment were dismissed after Crisman was sentenced.
The case is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees, and was investigated by HSI New Mexico, the New Mexico State Police, the New Mexico Regional Computer Forensic Lab and other agencies that participate in the New Mexico ICAC Task Force. The law enforcement agencies that participated in Operation Predator include: Albuquerque Police Department, Farmington Police Department, FBI, HSI, Las Cruces Police Department, New Mexico Attorney General’s Office, New Mexico State Police, Rio Rancho Police Department, Santa Fe Police Department, the United States Marshal’s Office in Las Cruces, the First Judicial District Attorney’s Office, the Fifth Judicial District Attorney’s Office, and the Eighth Judicial District Attorney’s Office.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as 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 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.Roswell Man Pleads Guilty to Carrying a Firearm in Relation to a Drug Trafficking CrimeRead the Press Release
ALBUQUERQUE – Tony Andy Gonzales, 61, of Roswell, N.M., pleaded guilty this afternoon to carrying a firearm in relation to a drug trafficking crime under a plea agreement with the U.S. Attorney’s Office. Gonzales’ guilty plea was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Gonzales was arrested on Nov. 15, 2012, on a criminal complaint charging him with being a felon in possession of a firearm and subsequently was indicted and charged with (1) being a felon in possession of a firearm, (2) possession of heroin with intent to distribute, and (3) carrying a firearm in relation to a crime of violence. According to court records, Gonzales possessed a firearm and heroin on Sept. 27, 2012, in Chaves County, N.M. At the time, Gonzales was prohibited from possessing firearms and ammunition because he previously had been convicted of burglary and drug trafficking felony charges in the 5th Judicial District Court for the State of New Mexico in Chaves County.
This afternoon, Gonzales entered a guilty plea to Count 3 of the indictment and admitted possessing a firearm to further his drug trafficking activity. Gonzales acknowledged that on Sept. 27, 2012, officers executed a search warrant at his residence. Gonzales admitted that, at the time the officers were executing the search warrant, he was in possession of 24 individually wrapped packets of heroin which he intended to distribute to others. Gonzales also admitted that he was in possession of a loaded firearm that was easily accessible and located near a lockbox containing his drug proceeds.
Gonzales has been in federal custody since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Gonzales faces a prison sentence of at not less than five years and not more than 40 years. Under the terms of the plea agreement, Counts 1 and 2 of the indictment will be dismissed after Gonzales is sentenced.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, The Chaves County Metro Narcotics Task Force and the Roswell Police Department with assistance from the 5th Judicial District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office 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.
Rio Rancho Man Sentenced to Ninty-Seven Months in Federal Prison for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Richard D. Crisman, 28, of Rio Rancho, N.M., was sentenced today to 97 months in federal prison followed by 25 years of supervised release for his conviction for receipt of child pornography. Crisman also was ordered to pay a $15,000.00 fine. He will be required to register as a sex offender after he completes his prison sentence. Crisman’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) El Paso.
Crisman was arrested in Sept. 2011 as part of Operation Predator, an investigative effort by federal, state and local law enforcement affiliates of the New Mexico Internet Crimes Against Children (ICAC) Task Force aimed at identifying individuals throughout New Mexico involved in the distribution, receipt, and possession of child pornography through peer-to-peer file sharing programs. Twenty-two search warrants were executed and eight defendants were arrested in Sept. 2010 as a result of Operation Predator. All eight defendants have been convicted of child pornography offenses and are serving prison sentences.
Crisman was charged with three counts of receipt of a visual depiction of minors engaged in sexually explicit conduct, and three counts of possession of a matter containing visual depictions of minors engaged in sexually explicit conduct. In Feb. 2012, Crisman pleaded guilty to Count 2 of the indictment, a receipt of child pornography charge.
According to court records, Crisman was arrested as a result of an undercover investigation that revealed that Crisman received and possessed child pornography images through a peer-to-peer file sharing program in Nov. 2009, Feb. 2010, April 2010, June 2010 and July 2010. As a result of the investigation, in Sept 2010, law enforcement officers executed a search warrant at Crisman’s residence and seized computers and computer-related media that contained evidence of child pornography. While the search warrant was executed, Crisman voluntarily participated in a recorded interview during which he admitted using his computers to view child pornography.
Crisman has acknowledged that a forensic examination of his computers and computer-related media uncovered more than 14,000 images and 40 videos of child pornography. He also has acknowledged that the National Center for Missing and Exploited Children determined that the child pornography images and videos found on his computers and computer-related media included 1,884 child pornography images of more than 100 children who have been identified as child pornography victims and have been rescued, and nine child pornography videos of five children who have been identified as child pornography victims and have been rescued.
As required by Crisman’s plea agreement, Counts 1, 3 and 4 through 6 of the indictment were dismissed after Crisman was sentenced.
The case is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees, and was investigated by HSI New Mexico, the New Mexico State Police, the New Mexico Regional Computer Forensic Lab and other agencies that participate in the New Mexico ICAC Task Force. The law enforcement agencies that participated in Operation Predator include: Albuquerque Police Department, Farmington Police Department, FBI, HSI, Las Cruces Police Department, New Mexico Attorney General’s Office, New Mexico State Police, Rio Rancho Police Department, Santa Fe Police Department, the United States Marshal’s Office in Las Cruces, the First Judicial District Attorney’s Office, the Fifth Judicial District Attorney’s Office, and the Eighth Judicial District Attorney’s Office.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as 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 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 Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Kevin Cavazone, 30, a member and resident of the Jicarilla Apache Nation, pleaded guilty this afternoon to a felony information charging him with voluntary manslaughter. Under the terms of the plea agreement, Cavazone will be sentenced to 66 months in federal prison followed by a term of supervised release to be determined by the court.
According to court filings, Cavazone killed David Cachucha, also a member of the Jicarilla Apache Nation, on Nov. 22, 2011, by stabbing him repeatedly in the torso. The crime took place on the Jicarilla Apache Indian Reservation during a fight between Cavazone and the victim. During today’s proceedings, Cavazone admitted stabbing the victim in the torso on Nov. 22, 2011, during a fight that began after the two men and several others had been drinking alcohol.
Cavazone has been in federal custody since his arrest on Nov. 28, 2011, and remains detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque and Farmington offices of the FBI and the Jicarilla Apache Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Mark T. Baker.
Jicarilla Apache Man Pleads Guilty to Federal Aggravated Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Gary Sidney Vicenti, 53, a member and resident of the Jicarilla Apache Nation, pleaded guilty this afternoon to an aggravated sexual abuse charge under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Vicenti will be sentenced to 12 years in prison followed by a term of supervised release to be determined by the court. Vicenti also will be required to register as a sex offender.
Vicenti’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Police Chief Kendall P. Vicenti of the Jicarilla Apache Tribal Police Department.
Vicenti was arrested in Nov. 2012, on a criminal complaint alleging that he sexually abused a child under the age of 12 in summer 2011 on the Jicarilla Apache Reservation. During today’s hearing, Vicenti entered a guilty plea to a felony information charging him with aggravated sexual abuse and admitted sexually abusing the victim by touching the victim’s genitals. Vicenti also admitted that this criminal offense occurred on June 1, 2011, in the Jicarilla Apache Reservation.
Vicenti was remanded into the custody of the U.S. Marshals Service after entering his guilty plea. He will remain detained pending his sentencing hearing, which has yet to be scheduled.
The case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department. It is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.