District of New Mexico
Press releases recorded for this federal judicial district.
Former Goodwill Industries Official Sentenced to Federal Prison for Theft ConvictionRead the Press Release
ALBUQUERQUE – This morning, Francis Louis Carrillo, 49, of Albuquerque, N.M., was sentenced to 12 months in federal prison followed by three years of supervised release for his conviction for stealing money from a program receiving federal funds. Carrillo also was ordered to pay restitution in the amount of $56,417.82. Carrillo’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, and Phyllis Grissom-Robinson, Special Agent in Charge of Region 6 of the Office of Inspector General, U.S. Department of Housing and Urban Development (HUD), and William R. Jones, Acting Special Agent in Charge of the Washington Regional Office of Labor Racketeering and Fraud Investigations, U.S. Department of Labor (DOL).
Carrillo was indicted in May 2012, and charged with theft of government property and theft concerning programs receiving federal funds. The six-count indictment charged Carrillo with embezzling thousands of dollars in federal funds provided through grant programs administered by HUD and the U.S. Department of Labor (DOL). At the time of the offenses charged, Carrillo was employed as the Deputy Director of Community Programs at Goodwill Industries of New Mexico (Goodwill).
HUD funds the Supportive Housing Program (SHP) which provides affordable housing for low-income Americans and DOL funds the Senior Community Service Employment Program (SCSEP) which provides vocational training for older Americans. Although funded by HUD and DOL, the SHP and SCSEP are administered at the local level by community organizations and not-for-profit corporations. Goodwill, a not-for-profit corporation that provides skill development and vocational training opportunities to community members facing barriers to employment, received more than $80,000 per year in 2008, 2009 and 2010 through the SHP and SCSEP programs. Goodwill was permitted to use these federal funds to provide short-term emergency rental assistance to local residents facing eviction and homelessness as the result of sudden job loss or other economic setback. According to the indictment, between 2008 and 2010, Carrillo engaged in a scheme to steal funds from Goodwill, including funds received through the SHP and SCSEP programs, by issuing false and fraudulent checks for short-term rental assistance.
In Oct. 2012, Carrillo entered a guilty plea to Count 6 of the indictment, charging him with theft concerning programs receiving federal funds. According to the plea agreement, Carrillo was employed by Goodwill from 2004 to 2010, where he initially held the title of Program Manager and later was promoted to Deputy Director of Community Programs. Carrillo’s responsibilities included administering programs that received federal funds and approving applications by low-income clients for emergency rental assistance.
In entering his guilty plea, Carrillo admitted abusing his position at Goodwill by engaging in a scheme to approve and issue checks for false applications for emergency rental assistance. Upon issuance of the checks, Carrillo would have the payees either cash the checks and provide him with the funds, or endorse the checks so that Carrillo could cash them himself. Carrillo also admitted that, between 2006 and 2010, he caused approximately 130 checks to be issued by Goodwill under false pretenses and fraudulently converted the proceeds of those checks to his own use. During the course of his illegal scheme, Carrillo embezzled approximately $80,000 from Goodwill.
As required by the terms of Carrillo’s plea agreement, the United States will move to dismiss Counts 1 through 5 of the indictment.
The case was investigated by HUD’s Office of Inspector General and DOL’s Office of Labor Racketeering and Fraud Investigations, and was prosecuted by Assistant U.S. Attorney John C. Anderson.Elizabeth D. Kupfer Sentenced to Three Years in Prison for Evading Federal TaxesRead the Press Release
ALBUQUERQUE – Elizabeth D. Kupfer, 50, of Rio Rancho, N.M., was sentenced this afternoon to 36 months in federal prison followed by three years of supervised release for her tax evasion conviction. Mrs. Kupfer also was ordered to pay $288,339 in restitution to the IRS. The restitution is to be paid jointly by Mrs. Kupfer and her husband Joseph C. Kupfer, 49, who also was convicted of tax evasion.
Mrs. Kupfer’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation, and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.
“Paying taxes is an obligation of citizenship and it is every citizen’s duty to pay them honestly and fully,” said U.S. Attorney Kenneth J. Gonzales. “When people like Elizabeth and Joseph Kupfer intentionally dodge their responsibility to pay taxes, honest Americans end up having to pay more. The sentence imposed on Mrs. Kupfer should serve as a warning that those who seek to avoid their tax responsibilities will be prosecuted and punished to the fullest extent of the law.”
“IRS Criminal Investigation will continue to investigate those who cheat their fellow citizens by not paying their taxes. In this case, Mrs. Kupfer intentionally concealed over $750,000 of income. Those who are tempted to commit tax evasion should know that the end result will likely be time in a federal prison” said Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of Internal Revenue Service Criminal Investigation.
Mr. and Mrs. Kupfer initially were charged in Dec. 2010, in a three-count indictment with evading more than $285,000 in federal taxes by failing to report at least $768,333 in taxable income during tax years 2004 through 2006. In July 2011, an 11-count superseding indictment was filed which added Armando G. Gutierrez, 65, of Corpus Christi, Texas, as a defendant, and also added conspiracy and theft of government property charges against Mr. Kupfer and Mr. Gutierrez, and obstruction and money laundering charges against Mr. Gutierrez. Thereafter, the court severed the three tax evasion counts against the Kupfers from the other eight counts in the superseding indictment for purposes of trial.
On Aug. 17, 2012, a federal jury convicted Mr. and Mrs. Kupfer on three tax evasion charges after a five-day trial. The evidence established that, from 2004 through 2006, Mr. Kupfer received income from his business, Kupfer Consulting, and the Kupfers reported income from Kupfer Consulting on their joint personal tax returns. Although Mr. Kupfer received $1,304,421 in revenue from Kupfer Consulting, the Kupfers reported only $502,541 on their federal tax returns and attempted to conceal approximately $768,333 in income by providing incomplete information to their tax preparer. The Kupfers then signed false and fraudulent tax returns, which they submitted to the IRS.
More specifically, the Kupfers claimed $125,969 in taxable income for 2004 but failed to include at least another $140,000 in income, thus evading at least $51,054 in federal taxes. They claimed $170,625 in taxable income for 2005 but failed to include another $170,000 in income, thus evading $64,651 in federal taxes. Finally, they claimed $125,734 in taxable income for 2006 but failed to include at least another $458,333 in income, thus evading $170,470 in federal taxes.
On Jan. 31, 2013, a federal jury found Mr. Kupfer and Mr. Gutierrez guilty of conspiracy and theft of government property charges after an eight-day trial. The jury also convicted Mr. Gutierrez on obstruction of justice and money laundering charges. Sentencing hearings have yet to be set for Mr. Kupfer and Mr. Gutierrez.
This case was investigated by IRS Criminal Investigation and the Albuquerque office of the FBI, and is being prosecuted by Assistant U.S. Attorneys Tara C. Neda and Cynthia L. Weisman.
Albuquerque Man Sentenced to Federal Prison for Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Lawrence Presley O’Dell, 25, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., was sentenced this morning to 37 months in federal prison followed by three years of supervised release for his involuntary manslaughter conviction. O’Dell also was ordered to pay $9,455.74 in restitution to cover funeral costs for the victim.
O’Dell was arrested in Oct. 2012, and charged with causing the death of a Navajo man, Ramus James, on June 25, 2012, while driving while intoxicated in Red Rock, N.M., which is located on the Navajo Indian Reservation. O’Dell has been in federal custody since his arrest.
In Feb. 2013, O’Dell pleaded guilty to a felony information charging him with involuntary manslaughter. In entering his guilty plea, O’Dell admitted driving his vehicle at a high rate of speed while under the influence of intoxicating beverages on June 25, 2012. O’Dell admitted crashing the vehicle and killing the passenger in the vehicle.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Presiliano A. Torrez.Federal Jury Finds Hogback, N.M., Man Guilty of Federal Rape ChargeRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict against Myron Jim Harry, 26, on an indictment charging him with rape after a four-day trial. The guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales and John Billison, Director of the Navajo Nation Division of Public Safety.
Harry, an enrolled member of the Navajo Nation who resides in Hogback, N.M., was arrested in May 2010, based on a criminal complaint alleging that he sexually abused a Navajo woman in Shiprock, N.M., which is located on the Navajo Indian Reservation, on May 6, 2010. According to the complaint, Harry committed the offense while the victim could not communicate her unwillingness to participate in the sexual act. Harry subsequently was indicted on that same charge.
The evidence at trial established that, on the night of May 5, 2010, Harry, and several others drank alcoholic beverages during the victim’s birthday party in a Shiprock apartment. The victim fell asleep next to another woman in a bedroom in the apartment. Early the next morning, Harry made his way through the bedroom’s locked door to get to the victim and she awoke to find Harry raping her. The other woman, who was awoken by the bed moving and the moaning of a male voice, observed that Harry was having sexual intercourse with the victim while the victim was asleep. The woman yelled at Harry, told him to get off of the victim, and threw him out of the apartment. Other witnesses in the apartment testified that the victim was in a state of shock and crying after being violated by Harry.
After sexually assaulting the victim, Harry fled the apartment but returned shortly thereafter because he had forgotten his keys. While retrieving his keys, Harry was confronted by several angry women who accused him of raping the victim. Another witness testified about receiving “text” messages from Harry in which, while not clear, Harry implied that he had done something wrong.
The victim subsequently was examined at a medical facility where a sexual assault evidence kit was used to preserve evidence. The examination revealed that the victim sustained physical injuries to her vaginal area. DNA analysis also revealed that Harry’s semen was found on the victim.
Harry testified in his own defense and claimed that the victim consented to having sex with him. A defense expert witness testified that there was no physical evidence to prove that this was a non-consensual intercourse.The jury deliberated approximately five hours before returning a guilty verdict against Harry.
Harry was remanded into federal custody when the jury returned its verdict and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Harry faces a maximum penalty of life in prison. Harry also will be required to register as a sex offender when he completes his prison sentence.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback and Special Assistant U.S. Attorney David M. Adams. It 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.
Twenty-Nine Facing Federal Drug Trafficking Charges Based on a Multi-Agency Investigation in Dona Ana CountyRead the Press Release
ALBUQUERQUE – Twenty-nine residents of Doña Ana County, N.M., and El Paso County, Texas, including 22 who were arrested this morning, are facing federal drug trafficking charges as the result of a multi-agency investigation. The charges and arrests were announced by U.S. Attorney Kenneth J. Gonzales, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, Scott A. Luck, Chief Patrol Agent of the El Paso Sector of the U.S. Border Patrol, Chief Robert Shilling of the New Mexico State Police, Doña Ana County Sheriff Todd Garrison and Las Cruces Police Chief Richard Williams.
The defendants are charged in 13 criminal complaints with distributing cocaine, heroin, methamphetamine and marijuana in and around southern Doña Ana County. One of the defendants also is charged with illegally entering the United States after having been deported and another is charged with being a felon in possession of firearms. The criminal complaints, which were filed under seal on April 29, 2013 and May 6, 2013, were unsealed following an early morning law enforcement operation. Five of the defendants have yet to be arrested and are considered fugitives. Two others are in state custody on other charges and will be transferred to federal custody to face the charges in the complaints. The defendants arrested today will make their initial appearances in federal court in Las Cruces later this week.
Of the 29 defendants charged, 17 are residents of Anthony, N.M., and four are residents of Anthony, Texas. The eight remaining defendants reside in the following communities: two in Berino, N.M., two in Las Cruces, N.M.; two in Canutillo, Texas, one in Los Lunas, N.M., and one in Vado, N.M.
In announcing the charges and today’s arrests, U.S. Attorney Kenneth J. Gonzales commended the cooperative efforts of the federal, state and local law enforcement and said, “Today we embarked on a coordinated effort to crackdown on drug trafficking in Doña Ana County and improve the quality of life for people who live there. These arrests are part of our statewide fight against drugs and the cycle of violence that goes hand in hand with drug trafficking. The federal law enforcement community remains committed to working with its state and local partners to safeguard families throughout New Mexico.”
“The safety and security of our communities is the FBI's highest priority,” said Carol K.O. Lee Special Agent in Charge of the Albuquerque Division of the FBI. “The scope of today's successful law enforcement operation demonstrates the commitment of a dedicated team of federal, state and local agencies to ridding our streets of violent drug traffickers. I want to thank the FBI Special Agents, U.S. Attorney's Office, U.S. Border Patrol, FBI Southern New Mexico Gang Task Force, Las Cruces-Dona Ana Metro Narcotics Agency, Doña Ana County Sheriff's Office and our other partners who worked effectively together to make this day possible.”
“We have always enjoyed a strong working relationship with local law enforcement counterparts in New Mexico, and that is a big part of the success that we are seeing in cases like this,” stated Scott A. Luck, Chief Patrol Agent of the El Paso Sector of the U.S. Border Patrol. “We will continue to dedicate the necessary resources and to work jointly toward the dismantling of criminal elements.”
The charges against the 30 defendants are the result of an intensive four-month multi-agency investigation led by the FBI’s Las Cruces Cross-Border Drug Violence Hybrid Squad and Southern New Mexico Gang Task Force that targeted known drug dealers in southern Doña Ana County. The U.S. Border Patrol and the Las Cruces- Doña Ana County Metro Narcotics Agency, which is comprised of officers from the New Mexico State Police, the Doña Ana County Sheriff’s Office and the Las Cruces Police Department, participated in the investigation, which 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.
During the course of the investigation, officers oversaw approximately 40 covert drug buys and the purchase of five firearms from the defendants. This morning, teams of federal, state, county and local law enforcement officers participated in an enforcement operation that included the execution of six federal search warrants at residences in Anthony, N.M.
“Regarding the constant war against drugs, the New Mexico State Police will always be in the forefront assisting the U.S. federal agencies with this fight,” said Chief Robert Shilling of the New Mexico State Police. “Operations like this target the violence associated with this epidemic, and create halcyon living conditions in our communities.”
“The protection of everyone in Doña Ana County is the primary function of the Doña Ana County Sheriff’s Department,” said Doña Ana County Sheriff Todd Garrison. “This morning we were part of a multi-agency operation that concentrated on the community of Anthony, NM using every piece of intelligence and surveillance available to this department. Working together on a larger scale such as this operation, the efforts of federal, state and local law enforcement resulted in safer streets for the residents in Anthony. Today was a flawlessly executed example of that.”
“The use and distribution of illicit drugs in our community is a public safety issue and the Las Cruces Police Department is pleased to work alongside federal and regional law enforcement agencies in trying to eliminate this illegal activity,” said Las Cruces Police Chief Richard Williams.
These cases are being prosecuted by Assistant U.S. Attorneys Sarah M. Davenport, Shaheen P. Torgoley and Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office. They were investigated by the FBI’s Las Cruces Cross-Border Drug Violence Hybrid Squad and the Southern New Mexico Gang Task Force, the U.S. Border Patrol, the New Mexico State Police, the Dona Doña County Sheriff’s Office, the Las Cruces- Doña Ana County Metro Narcotics Agency and the Las Cruces Police Department. The U.S. Marshals Service, the SWAT and other tactical units from the El Paso and Phoenix Divisions of the FBI and the New Mexico State Police assisted in today’s law enforcement operation.
SUMMARIES OF CRIMINAL COMPLAINTS
Criminal Complaint 13-MJ-1430 charges Jose Alvarez, 27, of Anthony, N.M., and Angel Herrera, 31, of Berino, N.M., with conspiracy to distribute heroin. If convicted, Alvarez and Herrera each face a maximum penalty of 20 years in prison. Alvarez was arrested today.
Criminal Complaint 13-MJ-1431 charges Angel Torres, 44, of Anthony, Texas, with conspiracy to distribute cocaine and distribution of cocaine. If convicted, Torres faces a mandatory minimum five years and a maximum of 40 years in prison. Torres was arrested today.
Criminal Complaint 13-MJ-1432 charges Rudy Portillo, 54, and Isaiah Portillo, 19, both of Anthony, N.M., and Victor Leos, 53, of Anthony, Texas, with conspiracy to distribute heroin. If convicted, Rudy Portillo, Isaiah Portillo and Leos each face a maximum penalty of 20 years in prison. Isaiah Portillo and Leos were arrested today. Rudy Portillo has yet to be arrested and is considered a fugitive.
Criminal Complaint 13-MJ-1433 charges Daniel Arrieta, 37, of Anthony, N.M., with conspiracy to distribute heroin. If convicted, Arrieta faces a maximum penalty of 20 years in prison. Arrieta has yet to be arrested and is considered a fugitive.
Criminal Complaint 13-MJ-1434 charges Noe Perez-Rodriguez, 46, of Berino, N.M., and Larry Valles, Sr., 50, of Los Lunas, N.M., with conspiracy to distribute methamphetamine, distribution of methamphetamine and distribution of cocaine. If convicted, Perez-Rodriguez and Valles each face a mandatory minimum five years and a maximum of 40 years in prison. Perez-Rodriguez also is charged with illegally entering into the United States after having been previously deported. If convicted of the immigration charge, Perez-Rodriguez faces a maximum of 20 years in prison. Perez-Rodriguez and Valles were arrested today.
Criminal Complaint 13-MJ-1435 charges Michael Vega, 25, and Raul Martinez, 25, both of Anthony, N.M., with conspiracy to distribute cocaine and distribution of cocaine. If convicted, Vega and Martinez each face a maximum penalty of 20 years in prison. Martinez was arrested today. Vega is in state custody on other charges and will be transferred to federal custody to face the charges in the complaint.
Criminal Complaint 13-MJ-1436 charges John Eric Sapien, 25, of Anthony, N.M., with distribution of cocaine. If convicted, Sapien faces a maximum penalty of 20 years in prison. Sapien is in state custody on other charges and will be transferred to federal custody to face the charges in the complaint.
Criminal Complaint 13-MJ-1437 charges Gerardo Garcia, 63, of Vado, N.M., and Jose Salcido, 51, of Anthony, N.M., with conspiracy to distribute cocaine and distribution of cocaine. If convicted, Garcia and Salcido each face a maximum penalty of 20 years in prison. Salcido was arrested today. Garcia has yet to be arrested and is considered a fugitive.
Criminal Complaint 13-MJ-1438 charges Abel Romero, 29, of Anthony, N.M., Benjamin Ochoa, 30, of Las Cruces, N.M., Victor Alvarez, 43, of Las Cruces, N.M., Victor Cano, 30, of Anthony, N.M., and Jaime Cano, 29, of Canutillo, Texas, with conspiracy to distribute cocaine and marijuana and distribution of cocaine and marijuana. If convicted, each of the five defendants faces a mandatory minimum five years and a maximum of 40 years in prison. The complaint also charges Romero with being a felon in possession of a firearm. If convicted of the firearm charge, Romero faces a maximum penalty of ten years in prison. Romero, Ochoa and Victor and Jaime Cano were arrested today. Alvarez has yet to be arrested and is considered a fugitive.
Criminal Complaint 13-MJ-1439 charges Eloy Rios-Montoya, 39, and Joey Martinez, 28, both of Anthony, Texas, and Sergio Cesar Reyes, 37, of Anthony, N.M., with conspiracy to distribute cocaine and distribution of cocaine. If convicted, Rios-Montoya, Reyes and Martinez each face a maximum penalty of 20 years in prison. Rios-Montoya, Martinez and Reyes were arrested today.
Criminal Complaint 13-MJ-1440 charges Javier Castruita, 45, Gloria Portillo Valdivia, 50, and Carlos Alberto Valdivia, 55, all of Anthony, N.M., with conspiracy to distribute cocaine and distribution of cocaine. If convicted, Castruita, Portillo Valdivia and Valdivia each face a maximum penalty of 20 years in prison. Castruita, Portillo Valdivia and Valdivia were arrested today.
Criminal Complaint 13-MJ-1441 charges Jesus M. Baeza-Lascano, 44, and Martin Nevarez, 49, both of Anthony, N.M., with conspiracy to distribute cocaine and distribution of cocaine. If convicted, Baeza-Lascano and Nevarez each face a maximum penalty of 20 years in prison. Baeza-Lascano was arrested today. Nevarez has yet to be arrested and is considered a fugitive.
Criminal Complaint 13-MJ-1559 charges Roberto Andres Urquidi, 33, of Canutillo, Texas, and Freddy Sanchez-Ramirez, 55 of Anthony, N.M., with conspiracy to distribute heroin. If convicted, Urquidi and Sanchez-Ramirez each face a maximum penalty of 20 years in prison. Urquidi and Sanchez-Ramirez were arrested today.
Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.Albuquerque Man Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Maximiliano Cordova, 19, of Albuquerque, N.M., was arrested by the FBI on May 6, 2013, on a criminal complaint alleging that Cordova distributed, received and possessed visual depictions of minors engaged in sexually explicit conduct. Cordova made his initial appearance in federal court yesterday and waived his right to a detention hearing. He will remain in federal custody pending trial, which has not yet been scheduled.
According to the criminal complaint, the investigation leading to Cordova’s arrest was initiated in mid Jan. 2013, after an FBI agent who was working in an undercover capacity in New Jersey signed into a publicly available peer-to-peer (P2P) file sharing network that was being used by individuals who were sharing child pornography images. The agent learned that one of the individuals sharing child pornography images on the P2P network was using an IP Address that was subscribed to Cordova’s residential address. On May 3, 2013, the FBI executed a search warrant at Cordova’s residence.
While executing the search warrant, FBI agents observed a laptop computer on Cordova’s bed that was running and displaying information for the P2P network that was used for sharing child pornography. The FBI seized the laptop computer, other computers and other computer-related media from Cordova’s residence. A preliminary examination of the laptop computer confirmed that it contained child pornography images.
If convicted of the offenses alleged in the criminal complaint, Cordova faces a sentence of not less than five years or more than 40 years in prison. He would also be required to register as a sex offender. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The case was investigated by FBI and the New Mexico Regional Forensic Lab, and is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees. It 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 Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.Shiprock Man Sentenced to Fifty Months in Federal Prison for Assault and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Lancelot Lapahie, 25, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to 50 months in federal prison followed by three years of supervised release for his conviction on assault and firearms charges.
Lapahie was arrested in March 2012, on a criminal complaint and subsequently charged in an indictment with (1) assault with a dangerous weapon, a machete; (2) assault resulting in serious bodily injury; (3) assault with a dangerous weapon, a baseball bat; (4) abuse of a child under the age of 18 years; and (5) possession of an unregistered firearm. According to the indictment and other court filings, the offenses were committed during the late hours of March 23, 2012 and the early hours of March 24, 2012, at a Shiprock residence located within the Navajo Indian Reservation.
Lapahie pled guilty to Counts 2, 3 and 5 of the indictment on Nov. 8, 2012. In his plea agreement, Lapahie stated that during the late hours of March 23, 2012 and early hours of March 24, 2012, he was drinking alcohol with several individuals when an argument broke out. Lapahie admitted striking one man with a baseball bat and repeatedly striking another man about the head, arms and body with a machete. The victim of the machete attack suffered multiple stab wounds and cuts to his head, face, forearm, leg and back. While investigating the assaults, officers found an unregistered shotgun in Lapahie’s residence. Lapahie admitted possession of the unregistered shotgun.
Lapahie has been in federal custody since his arrest. As required by the plea agreement, Counts 1 and 4 of the indictment were dismissed after Lapahie was sentenced.
The case was prosecuted by Assistant U.S. Attorneys Jack E. Burkhead and Novaline D. Wilson, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.Laguna Pueblo Man Sentenced to Forty-Six Months in Federal Prison for Being a Habitual Domestic Violence Offender - Perea was Prosecuted as Part of a Federal Initiative to Address the Epidemic Incidence of Violence Against Native WomenRead the Press Release
ALBUQUERQUE – Timothy Luke Perea, 41, a member and resident of Laguna Pueblo, was sentenced to 46 months in federal prison followed by two years of supervised release. Perea’s sentence 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 Police Chief Michelle F. Ray of the Pueblo of Laguna Police Department.
Perea was arrested in Oct. 2012 on an indictment charging him with domestic assault by a habitual offender. He has been in federal custody since that time. On Jan. 4, 2013, Perea pled guilty to the indictment and admitted assaulting his wife, also a member of Laguna Pueblo, on March 6, 2011.Perea was prosecuted federally for the March 6, 2011 assault because he had two prior domestic violence convictions. Court records reflect that Perea was convicted of assault resulting in serious bodily injury on Aug. 29, 1997, in federal court in New Mexico. Perea also was convicted of aggravated battery against a household member on Oct. 20, 1997, in the Second Judicial District Court for the State of New Mexico.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Police Department, and was prosecuted by Special Assistant U.S. Attorney David M. Adams. It 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.
Shiprock Man Pleads Guilty to Aiding and Abetting an Armed Robbery on the Navajo Indian ReservationRead the Press Release
ALBUQUERQUE – Nielson McKensley, 49, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to an indictment charging him with aiding and abetting an armed robbery in Indian Country. Under the terms of his plea agreement, McKensley will be sentenced to a term of 46 to 57 months in prison.
McKensley was arrested on Nov. 13, 2012, on a criminal complaint charging him with being an accomplice to an armed robbery of a residence in Shiprock on Oct. 26, 2012. He subsequently was indicted on that same charge.
According to court records, McKensley agreed to assist Randy Coolidge, 46, rob the residence of an acquaintance (victim) in the early hours of Oct. 27, 2012, by driving Coolidge to the residence and helping him with the robbery. After putting duct tape over his face to conceal his identity, Coolidge approached the residence armed with a pistol. As Coolidge tried to push his way into the residence, the victim attempted to take the pistol away from Coolidge. As the two men fought over the pistol, the pistol discharged and Coolidge was shot in the chest and stomach. Coolidge subsequently died of his wounds. The victim then realized that another man (McKensley), whose face also was covered with black duct tape and who was armed with a steel pipe, was standing by his door. After attempting unsuccessfully to drag Coolidge from the residence, McKensley left Coolidge behind and drove away. Officers initiated the investigation leading to McKensley’s arrest after Coolidge’s body was found shortly thereafter.
During today’s plea hearing, McKensley admitted driving Coolidge to the victim’s residence knowing that Coolidge intended to take items of value from the victim by force and violence. McKensley also admitted that he intended to help Coolidge rob the victim.
McKensley has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Mark T. Baker.
Laguna Pueblo Man Sentenced to Twenty-Four Months in Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Laurence Kasero, 38, a member and resident of Laguna Pueblo, N.M., was sentenced this morning in federal court to 24 months in prison followed by three years of supervised release for his assault conviction. Kasero also was ordered to pay $29,177.18 in restitution to cover the victim’s medical expenses. Kasero’s sentence 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 Police Chief Michelle F. Ray of the Pueblo of Laguna Police Department.
Kasero was indicted in Sept 2012, and charged with assault resulting in serious bodily injury. He has been in federal custody since his arrest on Sept. 28, 2012. On Jan. 31, 2013, Kasero pled guilty to the indictment. In entering his guilty plea, Kasero admitted assaulting his wife, a member of Acoma Pueblo, at the Route 66 Casino parking lot on Laguna Pueblo on March 20, 2011. Kasero admitted that, after he caused the victim to fall to the ground, he stomped on her ankles causing her to sustain serious bodily injury.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Police Department, and was prosecuted by Special Assistant U.S. Attorney David M. Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project which is sponsored by the Justice Department’s Office on Violence Against Women, and seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Ojo Encino, N.M., Man Pleads Guilty to Using a Firearm During an AssaultRead the Press Release
ALBUQUERQUE – Permanuel Castillo, 22, an enrolled member of the Navajo Nation who resides in Ojo Encino, N.M., pleaded guilty this morning to using a firearm during a crime of violence, an assault with a dangerous weapon which resulted in serious bodily injury, under a plea agreement with the U.S. Attorney’s Office.
Castillo pled guilty to a charge arising out of the Sept. 27, 2012 shooting of his girlfriend. According to court filings, on that day, New Mexico State Police officers responded to a call regarding a shooting at Castillo’s Ojo Encino residence, which is located on the Navajo Indian Reservation. During questioning, Castillo initially claimed that his girlfriend had been the victim of a drive-by shooting. After further questioning, Castillo admitted shooting the victim multiple times in the chest but claimed that it was an accident. Castillo was arrested on tribal charges by officers of the Navajo Division of Public Safety and held in tribal custody.
Castillo was arrested on federal assault charges on Oct. 24, 2012, and has been in federal custody since that time. Castillo subsequently was charged in a three-count indictment with (1) assault with a dangerous weapon, (2) assault resulting in serious bodily injury, and (3) use of a firearm during a crime of violence.
During this morning’s proceedings, Castillo pled guilty to Count 3 of the indictment, charging him with using a firearm during a crime of violence, and admitted assaulting the victim by shooting her with a rifle. As a result of the assault, the victim sustained three gunshot wounds to the chest.
Castillo remains in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Castillo faces a ten year prison sentence to be followed by not more than three years of supervised release. Counts 1 and 2 of the indictment will be dismissed after Castillo is sentenced.
This case was investigated by the Albuquerque office of the FBI, the Crownpoint office of the Navajo Nation Division of Public Safety and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project which is sponsored by the Justice Department’s Office on Violence Against Women, and seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.Crownpoint Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Sampson Antonio, Jr., 24, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty this morning to involuntary manslaughter under a plea agreement with the U.S. Attorney’s Office.
Antonio was arrested in July 2012, on a criminal complaint charging him with involuntary manslaughter in connection with the death of a 19-year-old Navajo woman in Mariano Lake, N.M., on April 21, 2012. Antonio subsequently was indicted and charged with driving a vehicle while intoxicated and running over the victim and causing her death.
During this morning’s proceedings, Antonio pled guilty to the indictment and admitted killing the victim on April 21, 2012, while driving under the influence of alcohol and driving recklessly.Antonio was remanded into the custody of the U.S. Marshals Service after entering his guilty plea and will be detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Antonio faces a maximum penalty of eight years in prison.
This case is being prosecuted by Assistant U.S. Attorneys Kyle T. Nayback and David M. Adams, and was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety.Arizona Man Sentenced to Ten Years in Federal Prison for Marijuana Trafficking ConvictionRead the Press Release
ALBUQUERQUE, N.M. – Jesse Bruner, 46, of Douglas, Ariz., was sentenced this afternoon to 120 months in federal prison followed by three years of supervised release for his marijuana trafficking conviction. Bruner’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Dennis A. Ulrich, II, Special Agent in Charge of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Patrol Agent Scott A. Luck, El Paso Sector, U.S. Border Patrol.
Bruner and a co-defendant, a 72-year-old woman from Kentucky, were arrested by U.S. Border Patrol agents on April 7, 2011, in Hidalgo County, N.M., after finding approximately 239 pounds of marijuana in a vehicle driven by the woman and in which Bruner was a passenger. Bruner alone was indicted on July 20, 2011, and charged with possession of marijuana with intent to distribute. Bruner entered a guilty plea to the indictment on Oct. 6, 2011. He has been in federal custody since his arrest.
Court records reflect that on April 7, 2011, U.S. Border Patrol agents followed the vehicle driven by the woman as it traveled north on Hidalgo County Road 1 toward Animas, N.M., and then abruptly turned onto a local ranch road and stopped at the only house on the road. They observed Bruner get out of the vehicle and knock on the door to the house. The woman then drove the vehicle around the back of the house and back to Hidalgo County Road 1 where she slowed down and stopped when she saw the agents. When the agents approached the vehicle to speak with the woman, they observed large bundles on the back seat that were packaged in a manner consistent with packaging for marijuana. After arresting the woman, the agents arrested Bruner who had remained in the vicinity of the house. A search of the vehicle revealed that it contained ten bundles containing an aggregate of 238.95 pounds of marijuana.
The charges against the woman were dismissed before Bruner was indicted after law enforcement authorities determined that Bruner deceived her into participating in his drug trafficking activities. Bruner also threatened her life when she objected to participating in the crime.
The case was investigated by HSI in Deming, N.M., and the U.S. Border Patrol in Lordsburg, N.M., and was prosecuted by Assistant U.S. Attorneys Jacob A. Wishard and Luis A. Martinez.Sheep Springs, N.M., Man Sentenced to Four Years in Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – This morning, Jason Allen Hunter, 46, an enrolled member of the Navajo Nation who resides in Sheep Springs, N.M., was sentenced to four years in federal prison followed by three years of supervised release for his conviction on assault charges.
On Nov. 14, 2012, Hunter pleaded guilty to two counts of assault with a dangerous weapon. In entering his guilty plea, Hunter admitted that, on May 9, 2009, he fired a shotgun at two people in a truck as it drove past him. Three small children were in the truck when Hunter fired the shots. Hunter further admitted that, at the time he fired shots at the truck, he intended to cause those individuals bodily injury. Hunter committed these unlawful acts near his home, which is located just outside Sheep Springs on the Navajo Indian Reservation. Hunter has been in federal custody since entering his guilty plea.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety with assistance from the Farmington office of the FBI, and is being prosecuted by Assistant U.S. Attorneys Mark T. Baker and Kyle T. Nayback.
Five Men Charged with Running Crack Cocaine Trafficking Operation in Bernalillo and Santa Fe CountiesRead the Press Release
ALBUQUERQUE – Five men have been indicted on federal narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA led investigation into an organization that allegedly manufactured and distributed cocaine base, more commonly known as “crack” or “crack cocaine,” in Albuquerque, N.M., and Santa Fe, N.M.
The five-count indictment, which was filed under seal on April 9, 2013, charges Gabriel Mirabal, 31, Dominic Anaya, 32, and Sam Elyicio, 36, of Albuquerque, and Michael Jaramillo, 22, and Robert Romero, 25, of Santa Fe, with conspiracy to distribute cocaine base in Bernalillo and Santa Fe Counties between May 2012 and April 2013. Jaramillo also is charged with distributing cocaine base in Santa Fe in March 2012 and Romero is charged with possession of cocaine base with intent to distribute in Santa Fe in July 2012. Romero also is charged with using and carrying a firearm in furtherance of a drug trafficking crime. Mirabal also is charged with possessing cocaine with intent to distribute in Albuquerque in Feb. 2013. The indictment was unsealed following the arrests of three of the defendants.
Mirabal, who was arrested on April 24, 2013, made his initial appearance in federal court on April 25, 2013 and was ordered detained pending trial following a detention hearing on April 26, 2013. Jaramillo and Elyicio were arrested on April 25, 2013 and were ordered detained pending trial following detention hearings held earlier today. Anaya and Romero, who both are currently in state custody on unrelated charges, will be transferred to federal custody to face the charges in the indictment.
If convicted of the drug trafficking charges against them, each of the defendants faces a maximum penalty of not less than five years or more than 40 years in prison. If convicted of the firearms charge, Romero faces a five year prison sentence to run consecutive to any sentence imposed on the drug trafficking charges against him. An indictment is merely an accusation. All criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei. The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and the Santa Fe County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program. HIDTA is a program of the White House Office of National Drug Control Policy that provides assistance to Federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States. The investigation leading to the indictment has been designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice initiative that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Crownpoint Man Pleads Guilty to Federal Aggravated Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Justin Kenneth, 20, a member and resident of the Navajo Nation, pleaded guilty last Thursday to an aggravated sexual abuse charge under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Kenneth will be sentenced to a federal prison term of eight to ten years followed by a term of supervised release of five years to life to be determined by the court. Kenneth also will be required to register as a sex offender.
Kenneth was arrested in Dec. 2010, on a criminal complaint alleging that he sexually abused a child under the age of 12 in Oct. 2010, on the Navajo Indian Reservation. During his plea hearing, Kenneth entered a guilty plea to a felony information charging him with aggravated sexual abuse and admitted sexually abusing the child victim by touching the child’s genitals. Kenneth further admitted that he committed this crime on Oct. 6, 2010, at a residence located on the Navajo Indian Reservation.
Kenneth 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 Gallup office of the FBI and the Crownpoint office of the Navajo Division of Public Safety. Assistant U.S. Attorney Jacob A. Wishard is prosecuting the case 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/.Vincent J. Garcia Sentenced to Twenty-Seven Months in Federal Prison for Bank Fraud Conviction - Albuquerque Real Estate Developer Also Ordered to Pay $722,543.76 in RestitutionRead the Press Release
ALBUQUERQUE – Albuquerque real estate developer Vincent J. Garcia, 61, was sentenced this afternoon to 27 months in federal prison followed by five years of supervised release for his bank fraud conviction. Garcia also was ordered to pay $722,543.76 in restitution to the banks that were the victims of his criminal conduct. Garcia is required to surrender himself to a federal correctional institution to be designated by the U.S. Bureau of Prisons within 60 days to begin serving his prison sentence.
Garcia’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Gabriel L. Grchan, Acting Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation, David Anderson, Special Agent in Charge of the Kansas City Region of the Federal Deposit Insurance Corporation (FDIC), Office of Inspector General, and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.
Garcia pleaded guilty in Aug. 2011, to Count 3 of a 19-count superseding indictment charging him and co-defendants Derek Barnhill, 48, formerly of Rio Rancho, and David Garcia, 36, of Albuquerque, with bank fraud and money laundering charges in connection with three real estate development projects, including the Anaszai Downtown LLC (Anasazi Building). In entering his plea, Garcia admitted committing bank fraud in the amount of $365,677.00, and acknowledged that the gross loss amount to the victims of his fraudulent activity was $842,237.44.
Garcia admitted executing a plan to obtain funding from the Columbian Bank & Trust Co. (Bank) by having Barnhill submit a bank construction loan drawn-down request containing a material misrepresentation. Garcia then used $360,000.00 in construction loan proceeds to invest in a casino in Washington State. To obtain these funds, Garcia had Barnhill submit a construction loan draw-down request in the amount of $365,677.00 to the Bank on Feb. 12, 2007. The draw-down request falsely stated that the funds were needed for “materials and price lock” for construction services to be provided by a specific company.
Garcia also admitted instructing Barnhill to draw down the construction loan knowing that the funds would not be directly utilized in the construction of the Anasazi Building. In requesting that Barnhill submit the draw-down request, Garcia knew that the request would falsely represent that the money would be used for a direct construction expense.
In his plea agreement, Garcia stated that his company engaged his son, co-defendant David Garcia, to act as the general contractor for the Anasazi Building and the other real estate development projects, and that David Garcia was compensated in the form of labor and materials for construction work on his personal residence. Garcia admitted submitting invoices for work performed on his son’s residence to the Bank and to the First Financial Credit Union and manipulated the invoices to appear to be direct expenses for his real estate development projects. Garcia asserted that David Garcia was not aware that the invoices for work performed and labor provided at his residence were being submitted to the banks as direct project expenses.
In Dec. 2010, Barnhill entered a guilty plea to Count 3, a bank fraud offense, and Count 10, a money laundering offense, of the superseding indictment. In his plea agreement, Barnhill provided a more expansive description of the bank fraud to which Garcia entered his guilty plea. To that end, Barnhill said that, on Feb. 12, 2007, Garcia told Barnhill that he needed $360,000.00 for a “good faith payment” towards the purchase of a casino. Garcia asked Barnhill to use an old bid for sheet rock for the Anasazi Building to get the money. Barnhill altered the sheet rock bid to support a fictitious draw-down request for $365,677.00 and submitted the request based solely on the false invoice to the Bank. After the Bank disbursed the money, Barnhill transferred the funds to an Anasazi account at New Mexico Bank and Trust. The next day, Garcia and Barnhill went to New Mexico Bank and Trust and withdrew $360,000.00 of the proceeds and the money at Compass Bank in an account in the name of Albuquerque Downtown Partners. Thereafter, Garcia flew to Washington State with a Compass Bank check for $360,000.00 to make a payment on the casino. In entering his guilty plea, Barnhill did not implicate David Garcia in the criminal conduct charged in the superseding indictment. The charges against David Garcia subsequently were dismissed.
Barnhill faces up to 20 years of imprisonment, a maximum $1,000,000 fine, and restitution as ordered by the court. He remains on conditions of release pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by IRS Criminal Investigation, the FDIC-OIG and the Albuquerque office of the FBI, and was prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.Former Nurse Practitioner to Serve Forty-One Month Federal Prison Sentence for Illegal Distribution of OxycodoneRead the Press Release
ALBUQUERQUE – Gloria Vigil, 63, of Albuquerque, N.M., was sentenced earlier today to 41 months in federal prison followed by three years of supervised release for conspiring to distribute oxycodone outside the scope and usual course of professional practice and without a legitimate medical purpose. Vigil’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Joseph M. Arabit, Special Agent in Charge of the El Paso Field Division of the DEA.
Vigil was arrested on federal drug trafficking charges in July 2010, and subsequently was charged with conspiracy to distribute oxycodone and the unlawful distribution of oxycodone. At the time of her arrest, Vigil was a nurse practitioner.
The charges against Vigil were arrested as the result of a DEA into a prescription drug trafficking ring operating out of Vigil’s medical office, Clinica de la Gloria (Clinic of Glory), in southwest Albuquerque. According to court filings, Vigil had engaged in a pattern and practice of writing fraudulent prescriptions for oxycodone for individuals who were never treated by her and did not have any medical provider-patient relationship with her medical office. Vigil also sold fraudulent oxycodone prescriptions for up to $250 each, and enlisted others to help her distribute oxycodone.
Vigil pled guilty to conspiracy to distribute oxycodone in May 2011. In entering her guilty plea, Vigil acknowledged that she operated her own medical clinic in Albuquerque and that, as a nurse practitioner, she was permitted by law to write prescriptions for controlled substances in the scope of her medical practice. Vigil admitted writing and providing prescriptions for oxycodone for individuals with whom she had no patient/provider relationship and for whom she did not believe such drugs were medically necessary. She further admitted that these individuals would provide her with names and dates of birth of others in whose names she would write prescriptions. In order to avoid detection, Vigil created patient charts in each of these names so as to make it appear that she had a legitimate patient/provider relationship with these individuals. In exchange for writing these fraudulent prescriptions, Vigil, received payment in cash.
Vigil also admitted that, on two occasions in June 2010, she met with an individual for whom she had written numerous prescriptions for oxycodone in the past, and that, on these two occasions, she wrote a total of nine prescriptions for oxycodone various names provided to her by the individual. These prescriptions were written outside the scope of her medical practice and without any legitimate medical justification. Vigil later learned that this individual was working as an informant for the DEA.
Vigil has been in federal custody since entering her guilty plea.
The case was prosecuted by Assistant U.S. Attorney John C. Anderson and was investigated by the Albuquerque office of the DEA in cooperation with the Albuquerque Police Department, Bernalillo County Sheriff’s Office, New Mexico Board of Pharmacy, and the Albuquerque Office of the FBI.
For more information on oxycodone and other drugs, the U.S. Attorney’s Office and the DEA El Paso Division encourage parents and their children to visit the following interactive DEA websites: www.justthinktwice.com, www.GetSmartAboutDrugs.com and www.dea.gov.Kewa Pueblo Man Sentenced to Sixteen Years in Federal Prison for Second Degree Murder Conviction - Accessories after the Fact also Sentenced to Federal PrisonRead the Press Release
ALBUQUERQUE – Adrian Chavez, 24, a member and resident of Kewa Pueblo, was sentenced earlier today to 192 months in prison followed by five years of supervised release for his second degree murder conviction. His co-defendants, Derrick Chavez, 26, and Myron Garcia, 24, also members and residents of Kewa Pueblo, were sentenced for their convictions for being accessories after the fact to second degree murder. Myron Garcia was sentenced to five years in prison followed by three years of supervised release, and Derrick Chavez was sentenced to 66 months in prison followed by three years of supervised release.
The sentences were announced by U.S. Attorney Kenneth J. Gonzales, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Adrian Chavez pleaded guilty in June 2012, to killing Nevin Garcia, a 20-year-old member of Kewa Pueblo, with a machete on Oct. 21, 2009. Also in June 2012, Derrick Chavez and Myron Garcia entered guilty pleas to being accessories after the fact and admitted helping Adrian Chavez bury Nevin Garcia’s remains.
According to court filings, the BIA learned about Nevin Garcia's murder when Adrian Chavez turned himself into the Kewa Pueblo Tribal Office on the night of Oct. 21, 2009. Investigation revealed that, earlier that evening, Adrian Chavez, Nevin Garcia, Derrick Chavez and Myron Garcia were drinking alcoholic beverages on a plot of land located within Kewa Pueblo that had a mobile home and camper trailer. While Derrick Garcia and Myron Chavez were inside the trailer, Adrian Chavez and Nevin Garcia began arguing. As Myron Garcia came out of the trailer, he saw Adrian Chavez strike Nevin Garcia in the face with a machete. Derrick Chavez came out of the trailer shortly thereafter. Nevin Garcia was unresponsive after he was struck with the machete. Derrick Chavez and Myron Garcia assisted Adrian Chavez in removing Nevin Garcia's clothing, wrapping him in a plastic tarp, and placing him in the back of a pickup truck. The three men then drove to a location a short distance from the mobile home and trailer and buried Nevin Garcia’s remains.
Adrian Chavez has been in federal custody since his arrest in Oct. 2009, and Myron Garcia and Derrick Chavez have been in federal custody since their arrests in Jan. 2009.
The case was investigated by the Albuquerque office of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Services, and was prosecuted by Assistant U.S. Attorney Roberto D. Ortega.
Tax Preparer Sentenced to Federal Prison for Preparing False Federal Income Tax ReturnRead the Press Release
ALBUQUERQUE – Frances Rivas, 42, formerly of Albuquerque but currently a resident of Amarillo, Texas, was sentenced this morning to 18 months in federal prison followed by a year of supervised release for her conviction for preparing a false federal income tax return. Rivas also was ordered to pay $98,296.00 in restitution to the IRS and the other victims of her criminal conduct. Rivas’ sentence was announced by U.S. Attorney Kenneth J. Gonzales and Gabriel L. Grchan, Acting Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Rivas pled guilty in Nov. 2012 to Count 16 of a 25-count indictment alleging that she prepared and presented false federal income tax returns. In entering her guilty plea, Rivas admitted that between Jan. 2008 and April 2011, she willfully prepared and presented to the IRS federal tax returns that she knew to be materially false and fraudulent. Rivas further admitted that she altered the tax return information provided by her clients by altering the clients’ filing status, number of defendants, exemptions or W-2 wage information to increase the federal tax refund generated by the return. Rivas unlawfully caused at least $98,396.00 in tax harm as a result of her fraudulent activity.
Rivas was ordered to surrender to a federal correctional institution to be designated by the U.S. Bureau of Prison within 60 days to begin serving her prison sentence.
The case was investigated by the IRS Criminal Investigation, and was prosecuted by Assistant U.S. Attorney Jeremy Pena.
Spencer Valley, N.M., Woman Sentenced to 25 Years in Federal Prison for Voluntary Manslaughter Conviction - Defendant Killed a 4-Year-Old Boy in the Heat of Passion and Hid His Body in an Ice ChestRead the Press Release
ALBUQUERQUE – Evelyne James, 53, an enrolled member of the Navajo Nation from Spencer Valley, N.M., was sentenced earlier today to 25 years in federal prison followed by three years of supervised release for her voluntary manslaughter conviction. James also was ordered to pay approximately $3000.00 in restitution. James’ sentencing 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 John Billison, Director of the Navajo Nation Division of Public Safety.
James has been in federal custody since her arrest in Oct. 2007, on a criminal complaint charging her with murder. She subsequently was indicted on a first degree murder charge in a superseding indictment filed in Oct. 2008. In May 2012, James pleaded guilty to a felony information charging her with voluntary manslaughter and admitted killing a 4-year-old boy in Oct. 2007. At the time, James and her common law husband were acting as guardians of the child victim, who was James' nephew. The prosecution of the case was delayed by mental competency proceedings.
According to court filings, the FBI and Navajo Nation Division of Public Safety initiated an investigation into this case on Oct. 10, 2007, after receiving a report that the body of a young boy had been found. The boy’s body had been placed in an ice chest that was wrapped in a plastic bag and hidden in a structure located next to James' residence in Spencer Valley, which is located within the Navajo Indian Reservation. The investigation revealed that James killed the child victim on or about Oct. 4, 2007, by repeatedly kicking and hitting the child victim. The next morning, when James observed that the child victim was cold and not moving, she put his body in the ice chest and hid the ice chest in the structure. James then told family members that the child victim was with his aunt.
During a consensual search of James’ residence, officers found four letters in which James admitted that she had been abusing the child victim and “over did it,” and then tried to cover up his death because she did not want to go to prison. James later explained to the officers that she acted out of frustration because the child was not potty trained. An autopsy revealed that, among other injuries, the child victim had multiple lacerations to the scalp with underlying new and old skull fractures, new and old rib fractures, and an old hematoma.
Under the terms of the plea agreement, the first degree murder charge was dismissed after sentence was imposed on James.
The case was investigated by the Farmington office of the FBI and Crownpoint Division of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.Jemez Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Jerome Dominic Concha, 20, a member and resident of Jemez Pueblo, pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.
Concha was arrested on Jan. 10, 2013, on a criminal complaint charging him with assault with a dangerous weapon. In Feb. 2013, Concha was indicted and charged with assault resulting in serious bodily injury. According to court records, on Jan. 1, 2013, Concha repeatedly struck another Jemez Pueblo man in the face and head with a hatchet in a residence on Jemez Pueblo.
During this morning’s proceedings, Concha pled guilty to the indictment and admitted assaulting the victim with a hatchet. The victim sustained serious injuries, including a depressed skull fracture, a fracture to the jaw and upper palate, and the loss of multiple teeth, as a result of the assault.
Concha has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Concha faces a maximum penalty of ten years in prison, a $250,000 fine and three years of supervised release.
The case was investigated by the Albuquerque office of the FBI, with assistance from the Jemez Pueblo Police Department, and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Socorro Man Sentenced to 63 Months in Federal Prison for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Christopher Heath, 29, of Socorro, N.M., was sentenced yesterday afternoon to 63 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. Heath’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Chief George Van Winkle of the Socorro Police Department.
Heath was arrested in July 2012, on an indictment charging him with being a felon in possession of a firearm and ammunition. The indictment alleged that Heath unlawfully possessed a firearm in Socorro County, N.M., on April 2, 2012. According to the indictment, at that time, Heath was prohibited from possessing firearms and ammunition because he previously had been convicted of possession of a controlled substance and aggravated assault upon a peace officer in the Seventh Judicial District Court for the State of New Mexico.
Court records reflect that Heath was arrested based on investigation conducted by officers of the Socorro Police Department when they executed a search warrant at his residence. They also reveal that in addition to the two convictions identified in the indictment, Heath also has additional felony convictions for possession of a controlled substance and for being a felon in possession of a firearm.
In Dec. 2012, Heath pled guilty to the indictment and admitted possessing a 12 gauge shotgun and ammunition on April 2, 2012 in Socorro County.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Socorro Police Department, with assistance from the District Attorney’s Office for the Seventh Judicial District of the State of New Mexico. It was prosecuted by Assistant U.S. Attorney Walsh.
Mexican Nationals Arrested for Selling Fraudulent Immigration Documents out of Albuquerque BusinessRead the Press Release
ALBUQUERQUE – Carlos Chico-Salcedo, 40, and his wife Juana Marin-Sandoval, 45, both Mexican nationals illegally in the United States, were arrested yesterday by agents of Homeland Security Investigations (HSI) on criminal complaints charging them with selling fraudulent immigration documents.
Chico-Salcedo and Marin-Sandoval made their initial appearances in federal court this morning and remain in custody pending preliminary and detention hearings scheduled for tomorrow morning.
According to the criminal complaints, in March 2013, Chico-Salcedo and Marin-Sandoval allegedly sold fraudulent documents to HSI agents who were acting in an undercover capacity. The defendants allegedly sold a fraudulent Social Security Card and a fraudulent Permanent Resident Alien Card to the agents for $150.00. The transaction allegedly occurred inside Albuquerque Soccer City, a business located in southwest Albuquerque owned by Chico-Salcedo and at which Marin-Sandoval was employed.
If they are convicted of the charges in the criminal complaints, Chico-Salcedo and Marin-Sandoval each face a maximum penalty of ten years in prison and deportation after completing their prison sentences. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by HSI and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Former Los Lunas Receptionist Sentenced to Forty-Two Months in Federal Prison for Bank Fraud and Identity Theft ConvictionRead the Press Release
ALBUQUERQUE – Sandra Rivas, 36, of Los Lunas, N.M., was sentenced earlier today to 42 months in federal prison followed by three years of supervised release for her conviction on bank fraud and aggravated identity theft charges. Rivas also was ordered to pay $14,022.47 to the victims of her criminal conduct. Rivas’ sentencing was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Roy Melnick of the Los Lunas Police Department.
Rivas was indicted in May 2012, and charged with 11 counts of bank fraud, 28 counts of aggravated identity theft, 18 counts of wire fraud, and one count of access device fraud. According to the indictment, between March 2011 and July 2011, Rivas engaged in a pattern of criminal conduct while employed as a receptionist by a Valencia County business. In her capacity as the receptionist, Rivas was responsible for accepting payments to the business from clients in the form of cash, checks and credit cards. Rivas was charged with abusing her position by altering the payee information on checks payable to her employer and depositing the altered checks into her personal bank account; using the names, addresses, telephone numbers and bank account numbers of her employer’s clients to commit criminal offenses; and making fraudulent online purchases by using the credit card information belonging to her employer’s clients.
In Nov. 2012, Rivas pleaded guilty to Counts 1, 12 and 40 of the indictment, charging her with a bank fraud charge and two aggravated identity fraud charges under a plea agreement with the U.S. Attorney’s Office. In entering her guilty plea, Rivas admitted that, while employed as a receptionist, she altered 11 checks payable to her employer by adding her name as payee and depositing the checks in her own bank account. Rivas also admitted using the names and credit card numbers of her employer and her employer’s clients at least 19 times to make fraudulent online purchases for her own benefit.
Rivas is required to surrender to a federal correctional institution to be designated by the U.S. Bureau of Prisons within 60 days to begin serving her prison sentence. As required by the plea agreement, the remaining counts in the indictment were dismissed after Rivas was sentenced.
This case was investigated by the Albuquerque office of HSI and the Los Lunas Police Department and was prosecuted by Assistant U.S. Attorney Jeremy Pena.
Federal Jury Convicts two Albuquerque Residents for Conspiracy to Transport Illegal AliensRead the Press Release
ALBUQUERQUE – This afternoon, a federal jury sitting in Albuquerque, N.M., convicted Maria Leticia Gutierrez de Lopez, 62, and Jesus Cabral Ramirez, 44, for conspiring to transport illegal aliens after a three-day trial. Cabral Ramirez also was convicted of transporting an illegal alien. The jury’s verdict was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Chief Patrol Agent Scott A. Luck, El Paso Sector, U.S. Border Patrol.
In May 2012, Gutierrez de Lopez and Cabral Ramirez, both legal permanent residents from Mexico who reside in Albuquerque, were charged in a three-count indictment. Count 1 of the indictment charged Gutierrez de Lopez and Cabral Ramirez with conspiring to transport illegal aliens in Nov. 2011, and Counts 2 and 3 each charged Cabral Ramirez with transporting an illegal alien.
Trial of the case began on April 16, 2013 and concluded this afternoon when the jury returned a guilty verdict as to both Gutierrez de Lopez and Cabral Ramirez on Count 1 of the indictment. The jury also returned a guilty verdict against Cabral Ramirez on Count 2, but acquitted him on Count 3.
The evidence at trial established that, in fall 2011, the FBI obtained information about Cabral Ramirez’s alien smuggling activities. The agents used the information to initiate a covert investigation into Cabral Ramirez during which they recorded telephone conversations relating to alien smuggling. Through the recorded conversations of Cabral Ramirez and others, the FBI learned that Gutierrez de Lopez was facilitating and organizing the transportation of an alien from El Paso to Denver, Colo. Cabral Ramirez knew Gutierrez de Lopez and agreed to transport the alien from Albuquerque to Denver. Gutierrez de Lopez arranged to receive the payment for transporting the alien through wire transfer at an Albuquerque-area WalMart and the transaction was recorded by the store’s surveillance camera. The investigation concluded on Nov. 22, 2011, when Gutierrez de Lopez met the person who transported the illegal alien from El Paso to Albuquerque at an Albuquerque-area restaurant and paid the transporter a $1200 fee. Cabral Ramirez took custody of the illegal alien and started driving toward Denver where he anticipated receiving an additional payment of $600, but was stopped by a state police officer who arrested the illegal alien.
At sentencing, Gutierrez de Lopez and Cabral Ramirez each face a maximum penalty of ten years in prison. They remain on conditions of release pending their sentencing hearings, which have yet to be scheduled.
The case was investigated by the Albuquerque office of the FBI and the U.S. Border Patrol with assistance from the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Norman Cairns and Special Assistant U.S. Attorney Raquel Ruiz-Velez.
Rio Rancho Man Sentenced to Eight and A Half Years in Federal Prison for Violating the Federal Firearms LawsRead the Press Release
Convicted of Stealing Firearms from Rio Rancho Armory in July 2012ALBUQUERQUE – Christopher Rooks, 30, of Rio Rancho, N.M., was sentenced yesterday to 102 months in federal prison followed by three years of supervised release for violating the federal firearms laws. Rooks’ sentence was announced by U.S. Attorney Kenneth J. Gonzales, Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Chief Robert Boone of the Rio Rancho Police Department.
Rooks was arrest on Aug. 9, 2012, on a criminal complaint charging him with being a felon in possession of a firearm after ATF agents and officers of the Rio Rancho Police Department executed a search warrant at his residence and seized six firearms. At the time, Rooks was prohibited from possessing firearms or ammunition because he previously had been convicted of two felony offenses in California.
Rooks subsequently was indicted and charged with possession of stolen firearms, possession of an unregistered firearm (a silencer), stealing firearms from a federal firearms licensee, and being a felon in possession of firearms.
On Dec. 28, 2012, Rooks pleaded guilty to Counts 2 and 3 of the indictment, charging him with possession of an unregistered firearm and stealing firearms from a federal firearms licensee. In entering his guilty plea, Rooks admitted possessing an unregistered silencer on Aug. 9, 2012. Rooks also admitted that on July 25, 2012, he stole five firearms from a federal firearms licensee doing business as the Rio Rancho Armory.
This case was investigated by the Albuquerque office of the ATF and the Rio Rancho Police Department and was prosecuted by Assistant U.S. Attorney David M. Walsh.
Armed Career Criminal from Albuquerque Sentenced to Fifteen Years in Federal Prison for Unlawful Possession of A FirearmRead the Press Release
ALBUQUERQUE – Richard Elizardo Luna, 52, of Albuquerque, N.M., was sentenced this afternoon to 15 years in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. Luna’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.
Luna was arrested in April 2012, on an indictment charging him with being a felon in possession of a firearm and ammunition. According to the indictment, Luna unlawfully possessed a firearm in Bernalillo County, N.M., on Oct. 2, 2011. The indictment stated that, at the time, Luna was prohibited from possessing firearms and ammunition because he previously had been convicted of residential burglary in the Second Judicial District Court for the State of New Mexico, and of residential burglary and larceny in the Fifth Judicial District Court for the State of New Mexico.
Court records reflect that Luna has other felony convictions beyond those identified in the indictment including convictions for conspiracy to possess heroin, commercial burglary, receiving stolen property, possession of a controlled substance. Luna also has 15 convictions for failure to appear and a driving while intoxicated conviction.
On Dec. 5, 2012, Luna pled guilty to the indictment. The sentence imposed on Luna today was enhanced under the Armed Career Criminal Act, which requires a mandatory minimum 15 year prison sentence for career criminals.
This 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.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the District Attorney’s Office for the Second Judicial District of the State of New Mexico. It was prosecuted by Assistant U.S. Attorney Norman Cairns.
Naschitti, N.M., Man Pleads Guilty to Federal Firearm Charge Related to A Shooting at the Gallup Indian Medical CenterRead the Press Release
ALBUQUERQUE – Nathan Madison Coleman, 19, an enrolled member of the Navajo Nation who resides in Naschitti, N.M., pleaded guilty this morning to discharging a firearm during and in relation to a crime of violence under a plea agreement with the U.S. Attorney’s Office. The offense to which Coleman entered his guilty plea requires that Coleman be sentenced to at least ten years in prison.
Coleman was arrested on Jan. 22, 2013 based on a five-count indictment charging him with assault resulting in serious bodily injury; assault with a dangerous weapon; using a firearm during and in relation to a crime of violence; and two counts of possession of a stolen firearm. According to the indictment, on March 12, 2012, Coleman assaulted a man by shooting him with a firearm and caused the victim serious bodily injury. It also alleges that Coleman stole two firearms on Feb. 28, 2012.
During this morning’s proceedings, Coleman pled guilty to Count 3 of the indictment, charging him with using and carrying a firearm in relation to a crime of violence. In entering his guilty plea, Coleman admitted shooting the victim, a 25-year-old Navajo man, in the parking lot of the Gallup Indian Medical Center at 8:00 p.m. on March 12, 2012. Coleman shot the victim because he believed that the victim was disrespectful of his family when they exchanged “words” in the lobby of the Gallup Indian Medical Center. Coleman also admitted using a stolen firearm to shoot the victim.
Coleman has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of the plea agreement, the remaining four counts of the indictment will be dismissed after Coleman is sentenced.
This case was investigated by the Gallup office of the FBI and the Gallup Police Department, and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Arizona Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Kevin James Fitzgerald, 19, of Tucson, Ariz., pleaded guilty this morning in Las Cruces federal court to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
Fitzgerald and his co-defendant Lauren Christine Nunez, 20, also of Tucson, were arrested on the night of Jan. 19, 2013, and charged with methamphetamine trafficking offenses in a criminal complaint. According to the criminal complaint, Fitzgerald and Nunez were arrested 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, indicating that it contained controlled substances.
This morning, Fitzgerald pled guilty to a two-count felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. In his plea agreement, Fitzgerald admitted that, in Jan. 2013, Nunez and he agreed to transport methamphetamine from Arizona to Nebraska, where they intended to deliver the drugs to another person. Fitzgerald also admitted that the methamphetamine had been delivered to Nunez and him more than a week before they were arrested on Jan. 19, 2013, and acknowledged responsibility for the methamphetamine found in their vehicle that night.
Fitzgerald was remanded into the custody of the U.S. Marshals Service after he entered his guilty plea, and he will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Fitzgerald faces a mandatory minimum of ten years and a maximum of life in prison on each of the two offenses to which he pleaded guilty.
Nunez has entered a not guilty plea to the criminal complaint. Charges in criminal complaints are merely accusations and all criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
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.
Albuquerque Man Pleads Guilty to Four Commercial Robberies and Unlawful Possession of A FirearmRead the Press Release
Plea Agreement Requires Fifteen Year Prison SentenceALBUQUERQUE – Alfonso Lezine, 40, of Albuquerque, N.M., pled guilty this morning to robbing four Albuquerque-area businesses and being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office. Under the terms of his plea agreement, Lezine will be sentenced to 15 years in prison followed by three years of supervised release.
Lezine was arrested on Aug. 21, 2012, on a six-count indictment charging him with four counts of violating the Hobbs Act by robbing businesses engaged in interstate commerce; one count of using a firearm during a crime of violence; and one count of being a felon in possession of a firearm. The indictment alleged that Lezine committed four commercial robberies in Albuquerque between Oct. 2011 and March 2012.
During this morning’s proceedings, Lezine plead guilty to Counts 1, 3, 4 and 5 of the indictment, each of which charged him with a Hobbs Act robbery, and Count 6, which charged him with unlawful possession of a firearm. In entering his guilty plea, Lezine admitted robbing the following Albuquerque businesses: (1) the Family Dollar, located at 2001 2nd Street NW, on Oct. 15, 2011; (2) the same Family Dollar on March 6, 2012; (3) the Allied Cash Advance, located at 3821 Menaul NE, on March 20, 2012; and (4) the Family Dollar, located at 9550 Sage Road SW, on March 14, 2012. Lezine also admitted that he unlawfully possessed a firearm on March 20, 2012. According to court records, Lezine was prohibited from possessing firearms and ammunition because he previously had been convicted of residential burglary and a Hobbs Act robbery and using a firearm in relation to a crime of violence in California.
Lezine was arrested on state charges on March 20, 2012, and remained in state custody until he was transferred to federal custody in connection with this case. Lezine will remain in federal custody pending his sentencing hearing, which has yet to be set.
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 Second Judicial District of the State of New Mexico, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
California Man Pleads Guilty to Transporting an Individual to Engage in ProstitutionRead the Press Release
ALBUQUERQUE – Marcus Edward Michael Todd Moore, 34, of Santa Rosa, Calif., entered a guilty plea this morning to a felony information charging him with transporting an individual in interstate commerce to engage in prostitution. The guilty plea was entered under a plea agreement with the U.S. Attorney’s Office.
Moore was arrested in Santa Rosa, Calif., in July 2012, on a criminal complaint filed in Las Cruces federal court charging Moore with attempting to entice a minor to engage in prostitution. According to the criminal complaint, in June 2012, Moore met a woman who claimed to be 17 years of age on a social networking Internet site and began the process of grooming her to travel to California for the purpose of engaging in prostitution. Unbeknownst to Moore, the woman was working with the FBI.
In mid-July 2012, Moore had a series of telephone conservations with the woman, which were consensually recorded by the FBI. During those conversations, Moore discussed paying for the woman to travel to California to engage in prostitution; the amount of money and other benefits the woman would receive, including a new car, her own apartment, regular shopping sprees; and the prospect of “working” overseas. On July 17, 2012, Moore purchased a one-way bus ticket for the woman to travel from Las Cruces, N.M., to Oakland, Calif.
During this morning’s hearing, Moore admitted purchasing a bus ticket for an individual to travel from Las Cruces to Oakland for the purpose of engaging in prostitution.
Moore has been on conditions of release since his arrest in July 2012, and will continue to remain out on those conditions pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Moore faces up to 24 months in prison followed by at least three years of supervised release when he is sentenced. Moore will be required to register as a sex offender after he completes his prison sentence.
This case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Mick I.R. Gutierrez of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Couple Arraigned on Federal Wire Fraud Charges Arising Out of Alleged Scheme to Defraud Office Supply BusinessRead the Press Release
ALBUQUERQUE – Matthew Channon, 36, and his wife Brandi Channon, 33, both of Albuquerque, N.M., were arraigned in federal court this morning on an eleven-count indictment charging them with wire fraud. Both entered not guilty pleas and were released under pretrial supervision pending trial, which has yet to be scheduled.
The indictment alleges that the Channons engaged in unlawful schemes to defraud OfficeMax of more than $100,000.00 by creating numerous MaxPerk Rewards accounts in fictitious names, addresses and phone numbers in order to avoid OfficeMax’s policy of issuing only one account per person, and using the accounts to claim rewards from OfficeMax to which they were not entitled.
Counts 1 through 6 of the indictment, each of which charges Matthew Channon with wire fraud, allege that, between March 2010 and Sept. 2010, Matthew Channon perpetuated a scheme to defraud OfficeMax by creating more than 5,400 MaxPerk Rewards accounts; using OfficeMax receipts for purchases made by other customers to claim rewards that were issued to accounts he controlled; purchasing items at OfficeMax using the rewards; and reselling the items for cash. Matthew Channon allegedly falsely claimed almost 47,700 purchases for MaxPerk Rewards accounts that he controlled, generating more than $180,000.00 in rewards that were issued to those accounts.
Counts 7 through 10 of the indictment, each of which charges Matthew and Brandi Channon with wire fraud, allege that, between Sept. 2009 through June 2011, Matthew and Brandi Channon engaged in a scheme to defraud OfficeMax by using MaxPerk Rewards accounts to obtain rewards through the company’s ink and toner cartridge recycling program. The Channons allegedly created approximately 120 MaxPerk Rewards accounts; purchased thousands of used ink and toner cartridges at low cost; and presented approximately 24,935 of used ink and toner cartridges for recycling at OfficeMax, causing approximately $74,800.00 in rewards to be issued to MaxPerk Rewards accounts they controlled.
Count 11 of the indictment charges the Channons with conspiring to commit wire fraud in connection with the scheme charged in Counts 7 through 10. The indictment also includes forfeiture allegations which seek to forfeit property constituting or derived from the proceeds of the Channons’ illegal activities. It seeks a money judgment in the amount of $109,158.13, the money the Channons allegedly derived from their unlawful conduct.
A conviction on each of the eleven counts in the indictment carries a maximum penalty of 20 years in prison and a $250,000.00 fine. An indictment is merely an accusation. All criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney C. Paige Messec.
Mescalero Apache Man Pleads Guilty to Unlawful Possession of A FirearmRead the Press Release
ALBUQUERQUE – Gary Raymond Ahidley, Jr., 27, a member and resident of the Mescalero Apache Nation, entered a guilty plea this morning to being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office.
Ahidley pled guilty to Count 1 of a superseding indictment charging him with unlawfully possessing a firearm in Nov. 2010, in Otero County, N.M. At the time, Ahidley was prohibited from possessing firearms or ammunition because he previously had been convicted on assault charges in federal court in Las Cruces, N.M., and ordered to serve a 41 month prison sentence in Feb. 2007.
In entering his guilty plea this morning, Ahidley admitted possessing a Luger 9 mm handgun in Nov. 2010. Court records reflect that Bureau of Indian Affairs (BIA) agents learned about the firearm in Dec. 2010 from a Mescalero woman who reported that Ahidley had assaulted her on Nov. 30, 2010. Based on information provided by the victim, the BIA agents were able to retrieve the weapon from a residence on the Mescalero Apache Reservation.
Ahidley has been in federal custody since his arrest in July 2012 and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Ahidley faces a maximum penalty of ten years in prison. Under the terms of the plea agreement, Count 2 of the superseding indictment, charging Ahidley with assault, will be dismissed after Ahidley is sentenced.
This case was investigated by the Mescalero Agency of the BIA Office of Justice Services and is being prosecuted by Assistant U.S. Attorneys Mick I.R. Gutierrez and Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Woman Pleads Guilty to Robbing First Convenience Bank in January 2013Read the Press Release
ALBUQUERQUE – Yolanda Boyle, 58, of Las Cruces, N.M., pled guilty this morning to a felony information charging her with bank robbery. Boyle entered her guilty plea without the benefit of any plea agreement in federal court in Las Cruces.
During today’s plea hearing, Boyle admitted robbing the First Convenience Bank located in the Pro’s Ranch Market on Wyatt Drive in Las Cruces on Jan. 24, 2013.
According to court records, Boyle was arrested on Jan. 25, 2013, after several witnesses identified her as the bank robber. On the day of the robbery, a witness identified Boyle as the bank robber after seeing a bank surveillance photograph that had been posted on the Internet. Bank employees who viewed the surveillance photograph also recognized the bank robber as Boyle, who previously had been a bank customer.
On Jan. 25, 2013, another witness told law enforcement authorities that he went to a casino with Boyle the night before and that Boyle was in possession of a large sum of money and gave him gambling money. When Boyle was arrested later that day, she was in possession of some money stolen from the bank. During a post arrest interview, Boyle admitted robbing the bank.
Boyle, who was released on bond following her arrest, was remanded into the custody of the U.S. Marshals Service after she entered her guilty plea and will remain detained pending her sentencing hearing, which has not been scheduled. At sentencing Boyle faces a maximum penalty of 20 years in prison.
The case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office.Former Santa Fe Resident to Serve Four Years in Federal Prison for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Carl Labadie, 60, a Colorado resident, was sentenced earlier today to four years in prison followed by ten years of supervised release for his child pornography conviction. Labadie also was ordered to pay $500.00 in restitution to each of the two victims whose images he possessed on his computers and computer-related media. Labadie will be required to register as a sex offender after he completes his prison sentence.
Labadie pled guilty on Jan. 11, 2013, to an indictment charging him with possessing child pornography in Santa Fe, N.M., on March 1, 2012. At the time he committed the offense, Labadie was a resident of Santa Fe, where he was self-employed as an acupuncture and massage therapist.
In his plea agreement, Labadie acknowledged that on March 1, 2012, agents of the New Mexico State Police (NMSP) and Homeland Security Investigations (HSI) executed a search warrant at his Santa Fe residence and seized computers and computer-related media. The search warrant was obtained based on a NMSP undercover investigation that began in Jan. 2012, which determined that an IP Address registered to Labadie was being used to access child pornography. While the agents were executing the search warrant at Labadie’s residence, Labadie voluntarily participated in an interview with NMSP and HSI agents during which he admitted using file-sharing programs to download child pornography for approximately four years.
Labadie also acknowledged that an examination of the images and videos on his computers and computer-related media by the National Center for Missing and Exploited Children revealed 5,350 images and 200 videos of 129 children who have been identified as child pornography victims and have been rescued.
Labadie has been in federal custody since entering his guilty plea.This case was investigated by the NMSP, HSI and the New Mexico Regional Computer Forensic Lab, and was prosecuted by Assistant U.S. Attorney Charlyn E. Rees.
U.S. Attorney Kenneth J. Gonzales said that Labadie was charged as part of Operation Artemis, 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. In March 2012, federal, state and local law enforcement officers executed thirteen unrelated federal and state search warrants at residences throughout New Mexico, and seized computers and computer-related evidence related to child pornography offenses. To date, ten individuals have been arrested for violating federal and state child pornography laws based on the search warrants executed as part of Operation Artemis. The law enforcement agencies that participated in Operation Artemis include: HSI, NMSP, New Mexico Attorney General’s Office, FBI, Albuquerque Police Department, Los Lunas Police Department, Santa Fe Police Department, Rio Rancho Police Department, and the New Mexico Regional Computer Forensic Lab.
Operation Artemis 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 Operation also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the 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.
Pinehill, N.M., Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Charlie Cohoe, 33, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., pleaded guilty to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.
Cohoe was arrested on Jan. 25, 2013, on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. According to the criminal complaint, on Jan. 18, 2013, Cohoe repeatedly stabbed another Navajo man who had agreed to drive Cohoe to a friend’s residence. The assault occurred in in Cibola County within the Ramah Indian Reservation.
During this morning’s proceedings, Cohoe pled guilty to a felony information, charging him with assault with a dangerous weapon. In entering his guilty plea, Cohoe admitted assaulting the victim with a knife, causing life-threatening injuries that required surgery.
Cohoe has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Cohoe faces a maximum penalty of ten years in prison, a $250,000 fine and three years of supervised release.
The case was investigated by the Ramah Navajo Police Department with assistance from the New Mexico State Police, the Grants Police Department and the Cibola County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Kirtland, N.M., Man Pleads Guilty to Discharging a Firearm During a Crime of ViolenceRead the Press Release
ALBUQUERQUE – Harold Pete, 29, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., pled guilty this morning to discharging a firearm during and in relation to a crime of violence under a plea agreement with the U.S. Attorney’s Office.
Pete was arrested on Jan. 1, 2013, and was charged in criminal complaint with assault with a dangerous weapon, use of a firearm in the commission of a crime of violence, and aggravated burglary. According to the criminal complaint, on Dec. 30, 2012, Pete used a shotgun to force his way into his estranged wife’s residence in Ojo Amarillo, which is in the Navajo Indian Reservation. Once inside the residence, Pete assaulted his wife and another Navajo woman by striking them with the shotgun.
During this morning’s proceedings, Pete entered a guilty plea to a criminal information charging him with the use and discharge of a firearm during and in relation to an assault with a dangerous weapon. In his plea agreement, Pete admitted discharging a firearm during an assault on Dec. 30, 2012. Pete admitted firing a shotgun at the door of his estranged wife’s residence and discharging the shotgun again after he was inside the residence. At the time, two women, including his estranged wife, and four minor children were in the residence.
Pete has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Pete faces a minimum term of ten years in prison followed by not more than five years of supervised release.
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 Special Assistant U.S. Attorney David M. Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project which is sponsored by the Justice Department’s Office on Violence Against Women, and seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal onsultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Kewa Pueblo Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Calvin Tenorio, Sr., 65, a member and resident of Kewa Pueblo, pleaded guilty earlier today to an indictment charging him with abusive sexual contact of minor less than 12 years of age. Tenorio entered his guilty plea without the benefit of any plea agreement.
Tenorio was arrested on Jan. 10, 2013, based on a criminal complaint charging him with abusive sexual contact with a minor and subsequently was indicted on that same charge. According to the indictment, Tenorio sexually assaulted a child who had not attained the age of 12 years on Nov. 28, 2012, by touching the child’s clothed genitals.
Court records reflect that a member of the child’s family reported the sexual assault to Kewa Pueblo officials on Nov. 28, 2012, and the Pueblo officials promptly referred the report to the Bureau of Indian Affairs (BIA), Office of Justice Services, Southern Pueblos Agency, for investigation. After preliminary investigation, the BIA arrested Tenorio on tribal charges and he remained in tribal custody until his arrest on this federal case, and referred the matter to the FBI for further investigation.
Today, Tenorio entered a guilty plea to the indictment and admitted sexually assaulting a child less than 12 years of age in a residence located in Kewa Pueblo. Tenorio remains in custody pending his sentencing hearing which has yet to be scheduled. Tenorio faces a maximum penalty of 20 years in prison followed by up to five years of supervised release. He also will be required to register as a sex offender.
This case was investigated by the Albuquerque and Santa Fe offices of the FBI and the Southern Pueblos Agency of the BIA, Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Career Criminal from Tohajilee to Serve Forty Years in Federal Prison for Covictions Arising Out of June 2011 Crime SpreeRead the Press Release
ALBQUERQUE – Jerome Yazzie, 37, an enrolled member of the Navajo Nation who resides in Tohajiilee, N.M., was sentenced this morning to 480 months in prison followed by five years of supervised release for his convictions on aggravated burglary, robbery, kidnapping and firearms charges. Yazzie’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Carol K.O. Lee, Special Agent in Charge of the FBI’s Albuquerque Division, and John Billison, Director of the Navajo Nation Division of Public Safety.
Yazzie sentence was enhanced based on his status as a career criminal. According to court filings, Yazzie has thirteen prior adult convictions including two prior violent felonies in federal court and tribal convictions for offenses ranging from auto burglary to aggravated battery. Yazzie also was ordered to pay $422.20 in restitution to the victims of his crimes.
In announcing the sentence, U.S. Attorney Gonzales said, “The lengthy sentence imposed on Yazzie appropriately penalizes him for a long list of federal felonies committed in a single night and the terror he inflicted on his innocent victims. Yazzie has long been a menace to the community of Tohajiilee, and I commend the FBI and the Navajo Division of Public Safety for making Tohajiilee safer by making sure that Yazzie spends the next 40 years of his life in prison.”
A federal jury convicted Yazzie on Oct. 18, 2012, on a seven-count indictment charging him with two counts of aggravated burglary, one count of robbery, one count of kidnapping, two counts of using a firearm in relation to a crime of violence, and one count of being a felon in possession of a firearm. The evidence at trial established that, in the early hours of June 3, 2011, Yazzie forced two his teenagers to accompany him as he engaged in a crime spree that included burglarizing two residences in Tohajiilee at gunpoint, committing a robbery, kidnapping a young man, and discharging his firearm.
Yazzie, who was armed with a loaded shotgun, went to the first residence, which was occupied by a teenager and a young man, and kicked open the door. After bursting into the residence, he discharged his shotgun and ordered the two teenagers who accompanied him to restrain the teenager and the young man, while he burglarized the residence and robbed the teenager and young man of items in their possession.
Yazzie continued to the second residence, which was occupied by a couple and their infant. Knowing that the couple would not voluntarily let him into their home because he unsuccessfully had attempted to gain entry earlier that day, Yazzie attempted to trick the couple by having the young man from the first residence lure them into opening the door. Yazzie released the young man from his restraints, forced him to walk to the second residence at gunpoint, and demanded that he convince the couple to open the door. When the couple refused to open the door, Yazzie attempted unsuccessfully to force his way into the residence. Yazzie then walked the young man back to the first residence and, after restraining him again, Yazzie returned to the second residence. During Yazzie’s absence, the couple took their infant and fled
from their home. Upon his return, Yazzie forced his way into the second residence and ransacked the place, stealing cash, an X-box, a computer and other electronics.“It is the FBI’s priority to protect all the communities throughout the state of New Mexico. In this case, a part of the Navajo Nation is safer with the sentencing of Mr. Yazzie, who has been found responsible for a string of violent acts in the Tohajiilee community,” said FBI Special Agent in Charge Lee. “Today’s sentencing is a testament to the hard work of the FBI Special Agents who investigated this case, with the assistance of the Navajo Nation Division of Public Safety, specifically the uniform division in Tohajiilee, the Navajo Nation Prosecutor’s Office in Tohajiilee and the U.S. Attorney’s Office. The FBI and its law enforcement partners will continue to work together to ensure the safety and security of all New Mexico communities, to include the pueblos and reservations.”
“I am proud of the outstanding work that the tribal officers and criminal investigators of the Navajo Nation perform every day to safeguard the Navajo people,” said Director Billison. “Working with our partners at the FBI and the U.S. Attorney's Office better enables us to hold serious repeat offenders like Jerome Yazzie accountable, resulting in safer communities for the Navajo people."
The case was investigated by the Albuquerque Division of the FBI and the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorneys Mark T. Baker and Jack E. Burkhead.
Border Patrol Agent Pleads Guilty to Accepting a Bribe to Smuggle an Illegal Alien into the United StatesRead the Press Release
ALBUQUERQUE – Gabriel Burke, 43, of Deming, N.M., entered a guilty plea this morning to a felony information charging him with accepting a bribe announced U.S. Attorney Kenneth J. Gonzales and Ervin J. Frankson, Special Agent in Charge of the ICE Office of Professional Responsibility, U.S. Department of Homeland Security.
The felony information to which Burke pleaded guilty charges Burke with corruptly accepting a bribe between Dec. 2011 and Feb. 2012 in Dona Ana County, N.M., for being persuaded to do an act in violation of his official duty. At the time, Burke was a U.S. Border Patrol Agent assigned to the Deming Border Patrol Station.
In entering his guilty plea, Burke admitted that, between Dec. 22, 2011 and Feb. 1, 2012, while he was employed as a Border Patrol Agent, he accepted $1,100 to smuggle an undocumented alien from Mexico into the United States.
Burke was released under pretrial supervision pending his sentencing hearing, which has yet to be scheduled. At sentencing, Burke faces a maximum penalty of 15 years in prison, a $250,000 fine and a mandatory term of supervised release not to exceed three years.
This case was investigated by the ICE Office of Professional Responsibility in El Paso, Texas, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Acoma Pueblo Man Pleads Guilty to a Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Eric Thomas Valley, 42, pleaded guilty this morning to a domestic assault by a habitual offender charge under a plea agreement that requires him to serve a 40 month federal prison sentence. Valley’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 Police Chief Vincent M. Mariano of the Acoma Tribal Police Department.
Valley, a member and resident of Acoma Pueblo, was arrested on Oct. 23, 2012, based on a criminal complaint alleging that he assaulted his domestic partner, also a member of Acoma Pueblo, by striking her in the head with a wooden rolling pin on Oct. 10, 2012. The victim sustained numerous injuries, including three lacerations to the head that had to be stapled closed, as a result of the assault.
This morning, Valley pled guilty to Count 1 of a three-count indictment charging him with domestic assault by a habitual offender; assault resulting in serious bodily injury; and assault with a dangerous weapon. In entering his guilty plea, Valley admitted assaulting his girlfriend on Oct. 10, 2012, on Acoma Pueblo. Valley also admitted that he previously has been convicted on domestic violence offenses on two occasions. Court records reflect that Valley has prior convictions for (1) battery on a household member in Magistrate’s Court in Cibola County, N.M., in June 2005, and (2) battery against a household member in Acoma Tribal Court in May 2009.
Valley has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Laguna/Acoma Agency, and the Acoma Tribal Police Department, and is being prosecuted by Special Assistant U.S. Attorney David Adams and Assistant U.S. Attorney Kyle T. Nayback.
This case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project which is sponsored by the Justice Department’s Office on Violence Against Women, and seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Two Albuquerque Men Arraigned on Federal Charges Arising Out of Commercial Armed Robberies and CarjackingsRead the Press Release
ALBUQUERQUE – Joel Meeks, 19, and Raul Ortega, 20, both of Albuquerque, N.M., were arraigned this morning on an eight-count indictment alleging violations of the Hobbs Act by interfering with a business involved in interstate commerce by robbery, the federal carjacking statute and firearms laws. Both men entered not guilty pleas during this morning’s hearings and are detained pending trial, which has yet to be scheduled.
The indictment alleges that Meeks robbed two Albuquerque businesses in Dec. 2012, and used firearms to perpetrate the robberies. It further alleges that Meeks and Ortega carjacked two vehicles in Jan. 2013, and used firearms to perpetrate the two offenses.
According to the indictment, Meeks robbed a business called “Up in Smoke” at gunpoint on Dec. 6, 2012. Meeks also is charged with robbing a business called “PDQ” at gunpoint on Dec. 7, 2012, and discharging his firearm while committing the offense. Meeks and Ortega are jointly charged with carjacking a Kia Sorento on Jan. 13, 2013 and carjacking a Mitsubishi on Jan. 17, 2013. The two men allegedly brandished firearms while committing the carjackings.
A conviction on each of the two Hobbs Act counts carries a maximum penalty of twenty years of imprisonment and a $250,000 fine. A conviction on each of the two carjacking counts carries a maximum penalty of fifteen years in prison. The three counts alleging the use of a firearm in furtherance of a crime of violence each carry a mandatory seven-year term of imprisonment to be served consecutive to any sentence imposed on the underlying robbery or carjacking. A conviction on the count alleging the discharge of a firearm that was used and carried during a crime of violence carries a mandatory ten-year term of imprisonment to be served consecutive to any sentence imposed on the underlying robbery.
Meeks and Ortega were both in state custody on state charges arising out of the offenses charged in the federal indictment until they were transferred to federal custody for today’s arraignment hearings.
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. This initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under the worst of the worst anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from our communities for as long as possible.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Reehahlio Carroll Pleads Guilty to Murdering Catholic Nun During Commission of a Burglary on the Navajo ReservationRead the Press Release
Plea Agreement Requires Forty Year Prison SentenceALBUQUERQUE – Reehahlio Carroll, 21, an enrolled member of the Navajo Nation from Navajo, N.M., pleaded guilty this morning to a second degree murder charge under an agreement that requires him to serve a 40 year federal prison sentence. Carroll’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and John Billison, Director of the Navajo Nation Division of Public Safety.
Carroll was arrested in Nov. 2009, based on federal charges arising out of the murder of Sister Marguerite Bartz of the Order of the Sisters of the Blessed Sacrament, which is part of the Diocese of Gallup, N.M. The murder occurred on Nov. 1, 2009, during the burglary of Sister Bartz’s home on the Saint Berard Mission which is located on the Navajo Indian Reservation. Proceedings in the case were delayed by protracted competency proceedings resulting in a judicial finding that Carroll was competent to stand trial.
In announcing today’s guilty plea, U.S. Attorney Gonzales said, “No one, especially one who had dedicated her life to the service of others, should have to endure the brutal and terrifying death that Sister Marguerite Bartz suffered at the hands of Reehahlio Carroll. Although Carroll’s guilty plea cannot atone for the loss of Sister Marguerite’s life, I hope that it can bring a measure of solace to her biological family and her spiritual family as well as the community she chose to serve.”
Sister Bartz’s body was discovered in a pool of blood in the bedroom of her ransacked home, a double-wide trailer located next to the church, on the evening of Nov. 1, 2009, by a nun who was concerned about Sister Bartz’s failure to show up for mass in the Diocese’s church in Sawmill, Ariz. Today, Carroll pled guilty to a felony information charging him with the second degree murder of Sister Bartz. During his plea hearing, Carroll admitted that he killed Sister Bartz at approximately midnight on Nov. 1, 2009, after he broke into a trailer home on the grounds of the Catholic Church in Navajo for the purpose of stealing cash or items that he could readily sell for cash.
According to court records, after Carroll broke a window to gain access to Sister Bartz’s trailer, he rummaged through drawers and cabinets searching for cash and items of value that he could sell for cash or trade for drugs or alcohol. Carroll found a flashlight in a room that he used for illumination as he continued searching for items to steal. When Carroll encountered Sister Bartz in one of the bedrooms and she attempted to defend herself by hitting him with a slipper, he brutally murdered her by beating her repeatedly with a flashlight and then, in an attempt to silence her, strangling her with a t-shirt. The pathologist who performed the autopsy concluded that the cause of death was multiple blunt force head trauma and ligature strangulation.
Carroll was arrested on tribal charges on Nov. 5, 2009, after law enforcement officers learned that he had been observed driving a car that was reported stolen from the Mission’s grounds. Following his arrest, Carroll provided a detailed confession in which he admitted murdering Sister Bartz while burglarizing her home. Carroll remained in tribal custody until he was arrested on federal charges on Nov. 10, 2009. Carroll remains detained pending his sentencing hearing, which has yet to be scheduled.
“The successful investigation and prosecution of this crime would not have been possible without the hard work and collaborative efforts of the Albuquerque FBI and our law enforcement partners,” said FBI Special Agent in Charge Lee. “Outstanding detective work by FBI Special Agents, the FBI's Evidence Response Team, Navajo Nation Tribal Authorities and the New Mexico State Police resulted in a solid case against the defendant. We hope this guilty plea brings some closure to the victim's family, which endured a great deal of personal grief as a result of this senseless crime. The FBI takes its role in protecting tribal communities seriously. We will continue to work closely with our tribal partners and the U.S. Attorney's Office to ensure the safety and security of the reservations and pueblos in New Mexico.”
“Sister Marguerite Bartz spent the last decade of her life serving the Navajo people, and her death was a tremendous loss to the community she loved and served as a teacher, companion, spiritual advisor and advocate,” said Director Billison of the Navajo Nation Division of Public Safety. “I commend the tribal officers and criminal investigators who worked with the FBI to investigate this heinous crime and who are dedicated to ensuring the safety and welfare of the Navajo people.”
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 New Mexico State Police. Assistant U.S. Attorneys Presiliano A. Torrez and Paul H. Spiers are prosecuting the case.
Deming, N.M., Man Sentenced to Federal Prison for Conspiring to Transport Illegal AliensRead the Press Release
ALBUQUERQUE – Steven Kasey Dupree, 30, of Deming, N.M., was sentenced this morning to 15 months in prison followed by three years of supervised release for his conviction for conspiracy to transport illegal aliens. Dupree’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Chief Patrol Agent Scott A. Luck, El Paso Sector, U.S. Border Patrol.
Dupree and co-conspirator Cynthia M. Espinoza, also of Deming, N.M., were arrested in Feb. 2012, on a criminal complaint charging them with conspiracy to transport illegal aliens. According to the complaint, in Feb. 2012, Dupree and Espinoza conspired with others to transport seven illegal aliens from Mexico to the United States. On Feb. 7, 2012, Border Patrol Agents went to Dupree’s residence in response to a call notifying authorities that illegal aliens were on the premises. On arrival, the Border Patrol Agents found three illegal aliens in the residence, including two who each reported paying an $1800 fee to be smuggled across the United States/Mexican border and transported to Albuquerque. The Agents also learned that
Dupree had departed earlier that day to transport four illegal aliens from his residence to Phoenix, Ariz. Dupree and Espinoza were arrested later that day in Deming.Dupree entered a guilty plea in May 2012, to a felony information charging him with conspiracy to transport illegal aliens. In his plea agreement, Dupree admitted conspiring with Espinoza and others to transport seven illegal aliens in Feb. 2012 for financial gain.
Dupree has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Espinoza pled guilty in April 2012 to two counts of conspiring to transport illegal aliens and was sentenced to three years of probation in July 2012.
This case was investigated by the Counter Organized Alien Smuggling Task Force (COAST) of the U.S. Customs and Border Protection at the Deming Border Patrol Station with assistance from the Luna County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Washington, D.C., Financial Consultant Sentenced to Almost Six Years in Federal Prison for Defrauding Santa Fe BusinessRead the Press Release
ALBUQUERQUE –Daryl J. Hudson, III, 60, of Washington, D.C., was sentenced this afternoon to 70 months in federal prison followed by three years of supervised release. Hudson also was ordered to pay $1,875,000.00 in restitution to the victim of his crimes. Hudson’s sentencing was announced by U.S. Attorney Kenneth J. Gonzales and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.
Hudson, a graduate of Georgetown University Law Center who previously served as Senior Counsel in the Enforcement Division of the U.S. Securities and Exchange Commission, was indicted in May 2012, and charged with seven counts of wire fraud. At the time Hudson was the Chairman and CEO of Hampden Kent Group, LLC (HKG), a Washington, D.C. based company that advertised its ability to obtain debt funding for start-up businesses in the green energy sector.
In Sept. 2012, a federal jury found Hudson guilty of all seven counts in the indictment after a nine-day trial. By its verdict, the jury concluded that Hudson defrauded Bluenergy Solarwind, Inc. (BSI), a Santa Fe-based developer of green energy-related equipment, of $85,000.00 in 2011 by falsely representing that he could secure debt funding to help the company grow. The evidence at trial established that, between July 12, 2011 and Aug. 19, 2011, Hudson designed and executed a scheme to defraud BSI by falsely representing that he had ready access to reliable sources of debt funding for BSI.
According to the trial testimony, in early 2011, the president of BSI began seeking approximately $80 million in debt funding so that BSI could manufacture new solar wind turbines. In an effort to obtain this financing, he attended networking events designed to connect entrepreneurs with funding sources, and eventually was referred to Hudson as a person who could locate funding for BSI. By mid-July 2011, the BSI president contacted Hudson to discuss the prospect of engaging HKG to locate and place $80 million dollars in debt funding for BSI. On July 12, 2011, Hudson provided the BSI president with a draft service agreement setting forth the terms on which HKG could be hired to locate debt funding for BSI. The service
agreement required BSI to pay a $300,000.00 retainer to HKG, with $150,000.00 to be paid up front and the balance to be paid upon receipt of a loan commitment from Hudson’s lender. Thereafter, on July 14, 2011, Hudson represented that, upon the signing of the service agreement, HKG would issue a loan commitment supported by treasuries that BSI could use to help obtain customer orders and equity funding.In mid-July 2011, the BSI president and Hudson agreed to enter into the service agreement with the understanding that BSI would pay approximately $80,000.00 of the first part of the retainer payment by July 20, 2011 and pay the remaining $70,000.00 within 30 days. Thereafter, BSI wired a total of $85,000.00 to HKG’s bank account in partial payment of HKG’s retainer fee, and Hudson and the president of BSI executed the service agreement on July 21, 2011. On July 22, 2011, Hudson transmitted two documents to BSI; a document entitled DLoan CommitmentD and a document entitled DSafekeeping Receipt.D The Safekeeping Receipt was a false and fraudulent document provided to BSI by Hudson as part of his scheme to defraud BSI.
Over the next two weeks, and as part of his scheme to defraud, Hudson caused the relationship with BSI to deteriorate and the BSI president notified Hudson that BSI could no longer work with HKG. When the president of BSI requested the return of a portion of the retainer fee, Hudson refused. On Aug. 11, 2011, after confirming that the Safekeeping Receipt provided by Hudson was a false and fraudulent document, BSI demanded the return of full $85,000.00 retainer. Hudson did not respond to BSI’s allegations regarding the falsity of the Safekeeping Receipt and instead claimed that BSI violated the service agreement by misusing the Safekeeping Receipt and demanding damages in the amount of $965,000.00.
Between July 12, 2011 and Aug. 19, 2011, Hudson used wire communications, specifically three telephone calls, three E-mails and a facsimile, on seven separate occasions in order to execute the scheme to defraud BSI. Each of these wire communications served as the basis for the seven counts of wire fraud in the indictment.This case was investigated by the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorneys John C. Anderson and Fred J. Federici, III.
Former Federal Contractor to Serve Seventy-Eight Months in Prison for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Lawrence Lucero, 65, of Tucumcari, N.M., was sentenced this morning to 78 months in prison followed by 15 years of supervised release for his federal child pornography conviction. Lucero’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and George Opfer, Inspector General for the Department of Veterans Affairs (VA).
Lucero was charged in July 2012 in a five-count indictment with three counts of receipt of a visual depiction of minors engaged in sexually explicit conduct and two counts of possession of matter containing visual depictions of minors engaged in sexually explicit conduct. The indictment charged Lucero with receiving and possessing child pornography between March 2012 and May 2012 in Rio Arriba and San Miguel Counties, N.M. During that time, Lucero was employed as a social worker by a company that provided healthcare staff at the Veterans Affairs Community-Based Outpatient Clinics in Las Vegas and Espanola, N.M., under a contract with the VA.
Lucero entered a guilty plea to the indictment in December 2012, without the benefit of a plea agreement. Lucero admitted that in March 2012, the VA began an investigation into concerns that computers on the VA network were being used to access child pornography. The investigation led to Lucero, who admitted to agents that he had accessed the sites and downloaded child pornography images.
Lucero has been in federal custody since his arrest in July 2012. After completing his prison sentence, Lucero will be required to register as a sex offender.
The case was investigated by the Office of Inspector General of the Department of Veterans Affairs and was prosecuted by Assistant U.S. Attorney Charlyn E. Rees as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the 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/.
Cudi, N.M., Man Sentenced to Prison for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Jervis Wilson, 20, an enrolled member of the Navajo Nation who resides in Cudi, N.M., was sentenced this morning to 37 months in prison followed by three years of supervised release for his involuntary manslaughter conviction.
In Nov. 2012, Wilson pled guilty to killing Herman Willeto, a 52-year-old Navajo man, while driving under the influence of alcohol on March 2, 2012, on U.S. Highway 64 outside of Shiprock, N.M., on the Navajo Indian Reservation.
According to court records, on March 2, 2012, Wilson drank alcohol and then drove a vehicle recklessly. As he attempted to pass other vehicles at a greater rate of speed than the flow of traffic, Wilson struck a Jeep, causing property damage but not injuring the Jeep’s two occupants. Wilson continued driving at a high rate of speed and side-swiped a Dodge sedan, causing moderate damage to the sedan and minor injuries to the driver. As Wilson continued to drive, his vehicle struck a Ford truck that was towing an excavator on a flatbed trailer. Mr. Willeto, the driver of the truck, was killed on impact. Wilson’s blood alcohol level was .23 when his blood was drawn within three hours of the collision.
This case was investigated by the FBI’s Safe Trails Task Force and the Shiprock Division of the Navajo Nation Department of Public Safety, and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Children's Minister Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Derek M. Schwartzrock, 34, a children’s minister in an Albuquerque-area church, was arrested yesterday on federal child pornography charges by Homeland Security Investigations (HSI) and the New Mexico State Police (NMSP). Schwartzrock is scheduled to make his initial appearance in federal court tomorrow morning on a criminal complaint alleging that Schwartzrock received and possessed visual depictions of minors engaged in sexually explicit conduct. He remains in federal custody pending a detention hearing which has yet to be scheduled.
According to the criminal complaint, the Albuquerque office of HSI began investigating Schwartzrock in mid-March 2013 after the Philadelphia office of HSI determined that an individual in Albuquerque was accessing a website containing sexually explicit images of children. Investigation subsequently revealed that Schwartzrock was the subscriber for the IP Address that allegedly was used to download sexually explicit images of children. Yesterday, HSI and the NMSP arrested Schwartzrock and executed a search warrant at his residence seizing a computer, computer-related media and other electronic devices. A preliminary examination of the electronic devices seized during the execution of the search warrant revealed over 12000 images that appeared to be consistent with child pornography.
If convicted of the offenses alleged in the criminal complaint, Schwartzrock faces a sentence of not less than five years or more than 40 years in prison. He would also be required to register as a sex offender.
The case was investigated by HSI, the NMSP and the New Mexico Regional Forensic Lab, and is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees. It 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 Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Lonnie Dean Pleads Guilty to Trafficking Methamphetamine in Valencia County and Assaulting A Federal OfficerRead the Press Release
Plea Agreement Requires Twenty Year Prison SentenceALBUQUERQUE – Lonnie Dean, 48, of Belen, N.M., pleaded guilty this morning to methamphetamine trafficking and assault on a federal officer charges under a plea agreement that requires him to serve a 20 year prison sentence. Dean’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Joseph M. Arabit of the El Paso Division of the DEA, and Chief Roy E. Melnick of the Los Lunas Police Department.
Dean was one of twelve individuals from Valencia and Socorro Counties charged with federal methamphetamine trafficking charges in May and June 2011, following a 16-month investigation led by the DEA and the Los Lunas Police Department. The investigation, codenamed “Vanilla Sky,” was pursued under the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide initiative that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated attack against major drug trafficking and money laundering organizations.
According to court filings, Dean was part of a large scale methamphetamine trafficking organization that operated in Valencia County, and allegedly was led by Arturo Acosta-Astorga, 53, and Ovidio Estrada, 39, both residents of Los Lunas, N.M. Between March 2010 and May 2011, Acosta-Astorga, Estrada and their co-conspirators allegedly conspired to sell ounce quantities of methamphetamine to undercover DEA agents on at least ten separate occasions. The defendants allegedly sold more than a pound of methamphetamine to the undercover DEA agents during a 14-month period.
During this morning’s proceedings, Dean pled guilty to conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, and assaulting a federal officer with a dangerous weapon. In entering his guilty plea, Dean admitted conspiring with others to distribute methamphetamine in Los Lunas and Belen, and assaulting a federal officer as he attempted to avoid arrest.
More specifically, Dean admitted that on May 26, 2011, he drove to a gas station in Belen for the purpose of selling methamphetamine to another person. As Dean was talking to his customer, DEA agents approached Dean and attempted to arrest him. One DEA agent, who had blocked Dean’s car from the front, exited his car and was moving on foot to a better tactical position with his gun and badge drawn, while another DEA agent parked his vehicle behind Dean’s car to block Dean in. Dean admitted that, instead of surrendering, he put his car into reverse and hit the DEA agent’s car causing it to go backward. Dean then put his car into drive and drove forward, missing the DEA agent only because the agent jumped to the side to avoid being struck. Less than a minute later, Dean drove into a road and entered an intersection where he struck a car driven by Roberta Torres, a 40-year-old resident of Belen, who died as a result of the injuries she sustained in the crash.
Dean has been in federal custody since his arrest on May 26, 2011, and remains detained pending his sentencing hearing, which has yet to be scheduled. Dean also faces several state charges, including homicide by vehicle, relating to Ms. Torres’ death in the 13th Judicial District Court for the State of New Mexico. Dean has entered a not guilty plea to the state charges.
Three other defendants have entered guilty pleas in this federal case. Andrew Gilbert Martinez, 30, of Socorro, N.M., pled guilty in Oct. 2011, to using a communication device to facilitate a drug trafficking crime, also known as a “phone count.” Martinez was sentenced in Jan. 2013, to 27 months in prison followed by a year of supervised release. Thanh Vu Huynh, 47, of Los Lunas, pled guilty in April 2012, to three phone counts and remains on conditions of release pending his sentencing hearing. Sylvia Jeanette Sisneros, 51, of Socorro, pled guilty to conspiracy to distribute methamphetamine and three phone counts in Nov. 2012. Sisneros remains in custody pending her sentencing hearing which is scheduled for April 4, 2013. Acosta-Astorga has yet to be arrested and is considered a fugitive. The charges against Acosta-Astorga and the defendants who have entered not guilty pleas are merely accusations and they are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the DEA and the Los Lunas Police Department and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.