District of New Mexico
Press releases recorded for this federal judicial district.
U.S. Attorney’s Office Charges Mescalero Man with AssaultRead the Press Release
ALBUQUERQUE – A Mescalero man has been charged by criminal complaint with assault resulting in serious bodily injury after allegedly attacking a friend with a beer bottle, leaving the victim with severe facial injuries.
According to the criminal complaint, on January 5, 2024, Lewis Michael Bigmouth, 27, an enrolled member of the Mescalero Apache Tribe, allegedly assaulted another enrolled tribal member on the Mescalero Apache Reservation, striking the victim multiple times in the face with a beer bottle. The victim suffered severe injuries, including a partial amputation of his nose requiring multiple reconstructive surgeries.
Bigmouth appeared before a federal judge and will remain in custody pending trial, which is has not been set.
If convicted, Bigmouth faces up to 10 years in prison followed by three years of supervised release.
U.S. Attorney Alexander M.M. Uballez, Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations (HSI) El Paso and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.
The Bureau of Indian Affairs investigated this case. Assistant United States Attorneys Joni Autrey Stahl and Kirk Williams are prosecuting the case.
View the Criminal Complaint (Bigmouth).pdfA criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney's Office Announces Guilty Plea in Shiprock Assault CaseRead the Press Release
ALBUQUERQUE – A Shiprock man pleaded guilty in federal court to charges stemming from a highway shooting in Shiprock, New Mexico, that left one person seriously injured.
According to the plea agreement, on January 9, 2024, Larence Cambridge, 34, an enrolled member of the Navajo Nation, flashed a firearm at the occupants of a vehicle before repeatedly shooting at it. As a result of the shooting, the vehicle was struck repeatedly, and one of the occupants was seriously injured. The shooting occurred on U.S. Highway 64 in Shiprock, New Mexico.
Cambridge pled guilty to one count each of assault with a dangerous weapon and using and carrying a firearm during and in relation to a crime of violence.
Cambridge will remain in custody pending sentencing, which has not yet been scheduled. At sentencing, Cambridge faces seven to 10 years in prison. Upon his release from prison, Cambridge will be subject to up to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Mark A. Probasco is prosecuting the case.
View the Plea Agreement (Cambridge).pdf# # #
U.S. Attorney's Office Announces Guilty Plea in Fatal Drunk Driving CaseRead the Press Release
ALBUQUERQUE – A Shiprock man pleaded guilty in federal court to two counts of involuntary manslaughter and one count of assault in connection with a drunk driving crash on the Navajo Nation reservation that resulted in multiple fatalities and serious injuries.
According to court documents, on December 1, 2023, Brian Gonnie, 44, of the Navajo Nation, was driving under the influence of alcohol on Highway 64 in Shiprock, New Mexico. Gonnie was traveling at approximately 86 mph in a 35-mph zone when he crossed into the oncoming lane and struck another vehicle head-on. The collision resulted in the deaths of Gonnie's passenger and the driver of the other vehicle. A passenger in the struck vehicle sustained serious injuries, including broken ribs, a broken pelvis, and a leg fracture that required surgery.
Gonnie’s blood alcohol concentration was .267% and his vehicle was littered with empty alcohol containers. When interviewed by FBI agents, Gonnie admitted to drinking and driving that night.
Gonnie will remain on conditions of release pending sentencing, which has not yet been scheduled. At sentencing, Gonnie faces up to ten years in prison. Upon his release from prison, Gonnie will be subject to up to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez, Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
This case was investigated by the Farmington Resident Agency of the FBI Albuquerque Field Office with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations and the New Mexico State Police. Assistant United States Attorney Jesse Pecoraro is prosecuting the case.
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U.S. Attorney's Office Announces Guilty Plea in Fatal DUI Crash on Navajo NationRead the Press Release
ALBUQUERQUE – A Vanderwagen man pleaded guilty in federal court to two counts of involuntary manslaughter in connection with a fatal drunk driving crash that occurred on the Navajo Nation reservation in 2022.
According to court documents, on October 2, 2022, Sheldon Carlton Daye, 30, an enrolled member of the Navajo Nation, drove while impaired by alcohol. He knew that driving drunk would pose a risk to others on the road. While driving on Highway 602 near Bread Springs, New Mexico, within the boundaries of the Navajo Nation reservation, Daye struck and killed two motorists who were stopped on the side of the highway changing a tire.
Daye will remain on conditions of release pending sentencing, which has not yet been scheduled. At sentencing, Daye faces up to 16 years in prison. Upon his release from prison, Daye will be subject to up to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorneys Mark A. Probasco and Meg P. Tomlinson is prosecuting the case.
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U.S. Attorney’s Office and FBI Announce Charges for Fatal DUI Crash on the Navajo NationRead the Press Release
ALBUQUERQUE – A Pigeon Springs man is charged with involuntary manslaughter and assault in connection with a fatal car crash on the Navajo Nation.
Irvin Virgil Wauneka Jr., 35, an enrolled member of the Navajo Nation, appeared before a federal judge and will remain on conditions of release pending trial, which has not been scheduled.
According to the indictment, on September 22, 2024, Wauneka was operating a motor vehicle with a wanton and reckless disregard for human life, knowing that his conduct endangered the lives of others. As a result, Wauneka killed Jane Doe 1 and caused bodily injury to Jane Doe 2 and Jane Doe 3.
If convicted, Wauneka faces a maximum of 10 years in prison.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney, HSI and ATF Charge Belen Teen with Federal Firearms OffensesRead the Press Release
ALBUQUERQUE – A Belen teen faces federal charges for allegedly possessing a machine gun conversion device.
Christopher Gammon II, 19,is charged with unlawful possession of a machine gun. Specifically, the indictment alleges that on June 28, 2024, Gammon possessed a machine gun conversion device.
Machine gun conversion devices and auto sears are illegal devices designed to modify a semi-automatic firearm so it is capable of fully automatic fire, that is, continuous firing with a single trigger pull. The possession, manufacture, and/or sale of machine gun conversion devices without proper licensing is a federal offense punishable by severe penalties, including up to 10 years in prison and fines up to $250,000. The use of machinegun conversion devices poses a significant public safety risk, as they transform semi-automatic firearms into dangerous machine guns capable of causing catastrophic harm.
Gammon appeared before a federal judge and will remain in custody pending trial, which is currently set for February 10, 2025.
If convicted, Gammon faces up to 10 years in prison followed by three years of supervised release.
U.S. Attorney Alexander M.M. Uballez, Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations (HSI) El Paso and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.
Homeland Security Investigations and the ATF jointly investigated this case with assistance from the New Mexico State Police and U.S. Postal Inspection Service. Assistant United States Attorney Rachel Eagle is prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney's Office and FBI Announce Charges in Domestic Violence and Firearms CaseRead the Press Release
ALBUQUERQUE – A Red Valley, Arizona man was charged by indictment with kidnapping, assault and federal firearms offenses stemming from a domestic violence incident in Shiprock, New Mexico.
Curley Nakai Jr., 23, an enrolled member of the Navajo Nation, appeared before a federal judge and will remain in custody pending trial.
According to court records, on August 24, 2024, Nakai allegedly assaulted his girlfriend, Jane Doe, in Shiprock, New Mexico. A witness observed Nakai dragging Jane Doe by her shirt and striking her. Nakai then forced Jane Doe into the backseat of a pickup truck. Concerned for Jane Doe's safety, the witness followed the pickup and attempted to get identifying information. While following, the witness saw Nakai appear to punch Jane Doe in the vehicle.
The situation escalated when Nakai and Jane Doe arrived at a supermarket parking lot. As police were contacted by the witness, Nakai exited the pickup and pointed a rifle at her while yelling aggressively. At this point, the witness was approximately thirty feet away with her car window down. After driving past the pickup and parking nearby, the witness observed that Jane Doe managed to exit the vehicle and walk awayy.
If convicted, Nakai faces up to life in prison.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
view_the_indictment_nakai.pdfAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney's Office and DEA Announce Federal Charges Against Albuquerque Based Drug Trafficking OrganizationRead the Press Release
ALBUQUERQUE – Five members of a drug trafficking organization based in Albuquerque have been charged in federal court with conspiracy to distribute fentanyl, cocaine, heroin and methamphetamine.
Tomas Rubalcaba, 45, Joaquin Rubalcada, 40, and Humberto Gastelum, 65, appeared before a federal judge last week and will remain in custody pending trial, which has not been scheduled. The federal judge permitted Frederick Chavey, 38, to remain in the third-party custody of his sister pending trial. The fifth defendant, Ismael Vargas, 37, remains a fugitive.
According to court records, the defendants belong to the Rubalcaba Drug Trafficking Organization (DTO), which has been distributing large quantities of narcotics in the Albuquerque area since at least 2021. The organization is allegedly led by brothers Tomas and Joaquin Rubalcaba. Tomas Rubalcaba coordinated narcotics sales through his business, Albuquerque Classics.
Throughout 2024, undercover agents from the Drug Enforcement Administration (DEA) conducted multiple undercover purchases of cocaine, heroin, fentanyl, and methamphetamine from the brothers, Gastelum, Chavey, and Vargas. In total, approximately 5,582 grams of fentanyl, 518 grams of cocaine, 187 grams of heroin, and 2,025 grams of methamphetamine were allegedly sold to undercover agents over an eight-month period.
On October 23, 2024, the DEA, along with the Albuquerque Police Department and Bernalillo County Sheriff’s Office, executed search warrants at multiple locations associated with the DTO. Agents seized approximately 715,000 fentanyl pills, over seven kilograms of cocaine, and multiple firearms. At the residence of Joaquin Rubalcaba alone, agents allegedly found 660,000 fentanyl pills, three kilograms of cocaine, and five firearms, two of which were determined to be stolen.
In addition to serving search warrants on the premises of the indicted members of the Rubalcaba DTO, law enforcement searched residences of uncharged DTO members. During these operations, authorities discovered over 5 kilograms of suspected cocaine at the residence of Luke Scarpetta, 35, and more than 600 grams of suspected fentanyl at the home of Richard Garcia, 44. As a result of these searches, both Scarpetta and Garcia were charged with A level narcotics offenses. A federal judge ordered Garcia to remain in custody pending trial, while Scarpetta was permitted to reside at a halfway house.
Photo of guns and drugs seized by DEA on October 23, 2024Photo of guns and drugs seized by DEA on October 23, 2024
If convicted, all of the defendants face a minimum of ten years of imprisonment. The defendants could receive a maximum sentence of life imprisonment.
U.S. Attorney Alexander M.M. Uballez and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, made the announcement today.
The Drug Enforcement Administration investigated this case with assistance from the Internal Revenue Service. Assistant United States Attorneys Joseph M. Spindle and Raquel Ruiz Velez are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney's Office Announces Second Conviction in 2019 KidnappingRead the Press Release
ALBUQUERQUE – A Zuni woman pleaded guilty in federal court to a count of kidnapping. This crime eventually resulted in the victim’s death at the hands of a co-defendant and the burning of the victim’s body in an attempt by the co-defendant to conceal evidence. Her co-defendant was previously convicted and sentenced to prison for the subsequent killing.
According to court documents, between July 1 and July 16, 2019, Kendra Panteah, 37, participated in and continued the confinement of John Doe in the trunk of his own vehicle and contacted the co-defendant for assistance in order to avoid getting in trouble.
Along with the co-defendant, Panteah then drove around for over a day through the Navajo Nation with John Doe locked in the trunk before stopping near Bass Lake, NM. There, John Doe attempted to escape by forcing the trunk open. Before he could get out, however, the co-defendant repeatedly stabbed Doe with a machete. The co-defendant then closed the trunk on the victim, and Panteah and the co-defendant then sat on the trunk until John Doe stopped moving. Doe died as a result of the stab wounds. Panteah and co-defendant then drove the vehicle, with Doe’s body in the trunk to a residence where it was abandoned for several days.
The co-defendant eventually towed the vehicle to a remote location, doused it with gasoline, and set it on fire with John Doe's body inside to destroy evidence of the crime. Doe was only identified through hip replacement devices found in the burned vehicle.
Her co-defendant, Gilbert John Jr., pleaded guilty to second-degree murder and was sentenced to 21 years in prison.
At sentencing, Panteah faces between a binding range of no less than 10 years up to no more than 18 years imprisonment. Upon her release from prison, Panteah will be subject to up to five years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorneys Mark A. Probasco and Alexander F. Flores are prosecuting the case.
PLEA AGREEMENT as to Kendra K. Panteah (fs) 31791459.pdf.pdf# # #
U.S. Attorney and ATF Charge Albuquerque Brothers with Federal Firearms OffensesRead the Press Release
ALBUQUERQUE – Two Albuquerque brothers face federal charges for firearms-related offenses.
Riley Kellner, 22, is charged with one count of being a felon in possession of a firearm. The indictment alleges that on August 10, 2024, Riley possessed a firearm and ammunition, knowing that he had been previously convicted of shooting at or from a motor vehicle.
Riley appeared before a federal judge and was detained pending trial, which has not been set.
Adin Kellner, 26, is charged with 11 counts of making false statements during the purchase of a firearm. The indictment alleges that between October 8, 2019, and February 24, 2023, Adin made false statements to licensed firearms dealers when he executed the ATF’s Form 4473 stating that he was the actual buyer of the firearm when he was in fact acquiring it on behalf on another individual.
Adin appeared before a federal judge and was placed on conditions of release pending trial, which is currently scheduled for December 16, 2024.
If convicted, Riley faces up to 15 years in prison and Adin faces up to 10 years in prison.
U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.
The ATF and Albuquerque Police Department jointly investigated these cases. Assistant United States Attorney Jaymie L. Roybal is prosecuting both cases.
Riley Kellner Indictment.pdf Adin Kellner Indictment.pdfAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney’s Office Announces Sentencing of Mescalero Man for Stabbing AssaultRead the Press Release
ALBUQUERQUE – A Mescalero man was sentenced to 46 months in federal prison for the repeated stabbing of a woman on the Mescalero Apache reservation.
There is no parole in the federal system.
According to court documents, on May 18, 2023, Lestat Cree Valdez, 21, an enrolled member of the Mescalero Apache tribe, straddled Jane Doe and stabbed her repeatedly in the head, face, and chest with a knife, with the intent to cause bodily harm. As a result of the assault, Jane Doe suffered serious bodily injury.
Upon his release from prison, Valdez will be subject to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
This case was investigated by the Las Cruces Resident Agency of the Federal Bureau Investigation with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Joni Autrey Stahl is prosecuting the case.
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U.S. Attorney ’s Office and FBI Charge Mescalero Man with Sexual Assault of a MinorRead the Press Release
ALBUQUERQUE – A Mescalero man has been charged by criminal complaint with multiple counts of sexual abuse for sexually assaulting a 15-year-old girl.
Thomas Lee Chaffins, 35, an enrolled member of the Mescalero Apache Tribe, appeared before a federal judge on October 10 and was detained pending trial.
According to the criminal complaint, on September 27, 2024, Chaffins engaged in sexual acts with a 15-year-old girl, identified as Jane Doe. At 15 years old, Jane Doe was legally unable to consent to sexual activity with the 35-year-old Chaffins. Additionally, Jane Doe was reportedly too intoxicated to recall details of the assault, further rendering her incapable of consent.
If convicted, Chaffins faces up to life in prison.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Las Cruces Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorneys Matilda McCarthy Villalobos and Alyson Hehr are prosecuting the case.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Life in Federal Prison for New Mexico DTO Leader with Sinaloa TiesRead the Press Release
EL PASO, Texas – A New Mexico man was sentenced in federal court today to life in prison for four counts related to his role as the leader of a transnational criminal organization with ties to the Sinaloa Drug Cartel.
According to court documents, Alex Barraza aka Smiley, 36, of Albuquerque, was the leader of the Barraza Drug Trafficking Organization (DTO), which was responsible for the importation of methamphetamine from Mexico into the United States for distribution in Albuquerque. Barraza’s DTO smuggled an estimated 720 kgs of narcotics into the U.S., and approximately $1.7 million USD into Mexico.
Barraza was arrested April 9, 2021. He pleaded guilty on April 14, 2022 to one count of conspiracy to import 50 grams or more of methamphetamine; one count of murder resulting from the use and carrying of firearms during and in relation to a drug trafficking crime and aiding and abetting; one count of use and carrying of firearm during and in relation to a drug trafficking crime and aiding and abetting; and one count of conspiracy to launder monetary instruments.
“The life sentence for Alex Barraza is a significant victory in our ongoing battle against drug trafficking and its devastating effects on our communities,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “We are committed to dismantling the networks that threaten our safety and livelihood, and I commend our law enforcement partners at Homeland Security Investigations and the New Mexico State Police, as well as the U.S. Attorney’s Office for the District of New Mexico, for their commitment and pursuit of justice.”
“This sentence proves how HSI can be the worst-case scenario for transnational criminal organizations that smuggle dangerous drugs into our country, and profit from poisoning our communities,” said Jason T. Stevens, acting special agent in charge of HSI El Paso. “By combining resources, authorities, and intelligence with our law enforcement partners, we’re seeking to identify and dismantle these vast criminal networks one by one, proving that every criminal is within arm’s reach of the law.”
HSI and the New Mexico State Police investigated the case.
Assistant U.S. Attorneys John Johnston and Andres Ortega prosecuted the case. The U.S. Attorney’s Office for the District of New Mexico assisted with the prosecution.
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U.S. Attorney’s Office Announces Sentencing of Mescalero Man for StrangulationRead the Press Release
ALBUQUERQUE – A Mescalero man was sentenced to 64 months in federal prison for strangling his wife.
There is no parole in the federal system.
According to court documents, Fulton C. Potter, 30, an enrolled member of the Mescalero Apache Tribe, strangled his wife on November 24, 2023.
Upon his release from prison, Potter will be subject to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.
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U.S. Attorney’s Office Announces Sentencing of Alamogordo Man Linked to Firearm Used in Fatal Shooting of Police OfficerRead the Press Release
ALBUQUERQUE – An Alamogordo man was sentenced to 72 months in federal prison for providing the modified shotgun used to shoot and kill an Alamogordo Police Officer.
There is no parole in the federal system.
According to court documents, Jonah Apodaca, 31, provided a “sawed-off” shotgun to Dominic Cruz De La O which he is accused of later using to shoot and kill Alamogordo Police Officer Anthony Ferguson on July 16, 2023. Apodaca’s DNA was located on the shotgun shell recovered from the chamber of the shotgun and ammunition from the magazine tube.
Upon his release from prison, Apodaca will be subject to three years of supervised release.
De La O was charged with possession of a firearm not registered with the National Firearm Registration and Transfer Record and possession of a firearm not identified by a serial number. De La O remains in custody pending trial which is currently scheduled to begin February 26, 2025.
U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Alamogordo Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.
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U.S. Attorney’s Office Announces Guilty Plea of Fruitland Woman in Knife-Assault CaseRead the Press Release
ALBUQUERQUE – A Fruitland woman pleaded guilty in federal court to two counts of felony assault for assaulting and seriously injuring another woman with a pocketknife.
According to court documents, on February 21, 2024, Richelle R. Upshaw, 24, an enrolled member of the Navajo Nation, assaulted Jane Doe with a knife (considered a “dangerous weapon” under federal law), and that assault resulted in serious bodily injury to Doe’s head and face.
At sentencing, Upshaw faces up to 20 years in prison. Upon her release from prison, Upshaw will be subject to up to three years of supervised release. She must also make criminal restitution to the victim of her stabbing.
U.S. Attorney Alexander M.M. Uballez, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant United States Attorney Zachary C. Jones is prosecuting the case.
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U.S. Attorney's Office Announces Election Day Program for 2024 General ElectionRead the Press Release
ALBUQUERQUE - United States Attorney Alexander M.M. Uballez announced today that Assistant United States Attorneys (AUSAs) Jeremy Peña and Sean Sullivan will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSAs Peña and Sullivan have been appointed to serve as the District Election Officers for the District of New Mexico, and in that capacity are responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
“Our vote is our voice. That is why the Department of Justice will ensure every citizen can vote without interference or discrimination and have that vote counted in a fair and free election,” said U.S. Attorney Uballez. “Similarly, elections do not run themselves. We will protect our election officials and staff from interference and unlawful threats of violence. The Department will ensure that those who are entitled to the franchise can exercise it, and that those who seek to corrupt it are brought to justice.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
“The vote is the cornerstone of American democracy,” continued U.S. Attorney Uballez. “And ensuring free and fair elections depends on you. If you have specific information about voting rights concerns or election fraud, call us.”
Members of the public can reach AUSA Peña at (505) 269-2038 and AUSA Sullivan at (505) 350-3153 any time the polls are open in New Mexico.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The FBI can be reached by the public at 1-800-CALL-FBI or tips.fbi.gov.
Finally, complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
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U.S. Attorney’s Office Secures Sentencing of Albuquerque Woman for 2023 AssaultRead the Press Release
ALBUQUERQUE – An Albuquerque woman was sentenced to 60 months in federal prison for assault resulting in serious bodily injury after a drunk driving incident left a woman permanently disabled on the Navajo reservation.
There is no parole in the federal system.
According to court documents, on July 18, 2023, Jacquelyn Moore, 48, a certified member of the Navajo Nation, drove into the To'hajiilee Chapter House building after consuming alcohol. Multiple witnesses saw Moore enter the parking lot driving slowly, rev her engine, accelerate her vehicle, and jump a concrete parking curb before driving into a group of four women outside of the To'hajiilee Chapter House. Moore’s vehicle struck Jane Doe, pinning her against the building wall. Moore also injured two other women.
After the crash, Moore tried to flee, laughed at her actions, and yelled perceived threats. Due to Moore’s repeated drunk driving history, the Court found that Moore acted deliberately and intentionally.
The collision resulted in severe injuries to Jane Doe, including the amputation of her leg. Jane Doe's husband applied an emergency torniquet, probably saving her life. Jane Doe, who has endured 11 surgeries and will undergo continued physical therapy and treatment, as well as the other two women who were injured by Moore, continue to persevere through their injuries.
Upon her release from prison, Moore will be subject to 3 years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office made the announcement today.
The FBI Albuquerque Field Office and the Navajo Police Department investigated this case with assistance from the New Mexico State Police. Assistant U.S. Attorney Brittany DuChaussee is prosecuting the case.
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U.S. Attorney's Office Secures Sentencing of Repeat Domestic Violence OffenderRead the Press Release
ALBUQUERQUE – A Bosque Farms man has been sentenced to three years in prison for domestic assault by a habitual offender.
There is no parole in the federal system.
According to court documents, on August 9, 2022, Daniel Vincent Olguin, 38, an enrolled member of the Pueblo of Isleta, assaulted his intimate partner by striking her in the head, causing a concussion. The assault occurred on the Isleta Pueblo. Olguin had previously been convicted by the Isleta Tribal Court of aggravated assault against an intimate partner in 2012 and in federal court of assault against an intimate partner in 2016.
Upon his release from prison, Olguin will be subject to 3 years of supervised release.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Isleta Police Department investigated this case. Assistant United States Attorney Robert James Booth II is prosecuting the case.
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U.S. Attorney's Office Secures Guilty Pleas from Zuni Couple for AssaultRead the Press Release
ALBUQUERQUE – A Zuni couple pleaded guilty to assault with a dangerous weapon for a brutal 2023 assault in the presence of minors.
According to the plea agreements, on September 3, 2023, Shannon Concho, 46, and LouAnn Johnson, 28, both enrolled members of the Pueblo of Zuni, assaulted John Doe at his residence on the Zuni Pueblo. The incident began as a verbal altercation but quickly escalated to physical violence when Johnson repeatedly slapped the victim across the face. Concho and Johnson then prevented John Doe from calling for help by taking away two of his phones and attempting to enter a bedroom where a witness and two minor children were located.
As the attack escalated, Concho beat John Doe over the head with a chair almost to the point of unconsciousness. Concho then directed Johnson to kick Doe in the head because she was wearing boots at the time. After Johnson kicked Doe in the head, Concho continued the beating until Johnson alerted him that a witness called the police. Concho and Johnson then fled the scene and were on the run before eventually being apprehended.
At sentencing, Concho and Johnson each face up to 10 years in prison followed by three years of supervised release.
U.S. Attorney Alexander M.M. Uballez, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. This case is being prosecuted by Assistant United States Attorney Jesse Pecoraro.
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U.S. Attorney’s Office Secures Sentencing of Shiprock Man for 2020 AssaultRead the Press Release
ALBUQUERQUE – A Shiprock man was sentenced to 46 months in prison for a 2020 assault with the intent to steal a motor vehicle within the Navajo Nation.
There is no parole in the federal system.
According to court documents, on May 17, 2020, Daryl Levi, 41, an enrolled member of the Navajo Nation, and others assaulted John Doe in Shiprock, NM, with the intent of taking his motor vehicle. As a result of the assault, John Doe was wounded.
Upon his release from prison, Levi will be subject to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorneys Mark A. Probasco and Samuel A. Hurtado are prosecuting the case.
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U.S. Attorney’s Office Secures 18 Year Sentence for Ohkay Owingeh Man Convicted of Torturing ChildRead the Press Release
ALBUQUERQUE – An Ohkay Owingeh man has been sentenced to 18 years in prison, the statutory maximum, for the torture of a five-year old child over a seven-week period in 2021.
There is no parole in the federal system.
According to court documents, between May and July 2021, Christopher Marquez, 34, an enrolled member of the Ohkay Owingeh tribe, physically abused and tortured a 5-year-old child, resulting in great bodily harm including arm fractures, multiple rib fractures, internal bleeding, organ lacerations, and extensive bruising. The severe injuries were in various stages of healing and inflicted as part of a broader pattern of abusive conduct against the child.
Upon his release from prison, Marquez will be subject to 3 years of supervised release.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Bureau of Indian Affairs investigated this case. Assistant United States Attorneys Mark A. Probasco and Matthew J. McGinley are prosecuting the case.
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U.S. Attorney's Office Secures Guilty Verdict Against Albuquerque Felon for Illegal Firearm PossessionRead the Press Release
ALBUQUERQUE – A federal jury has convicted an Albuquerque man of being a felon in possession of a firearm, following a two-day trial that concluded after just over two hours of deliberation.
According to court documents and evidence presented at trial, on October 26, 2021, Albuquerque Police Department officers responded to a ShotSpotter alert and a 911 call reporting a man waving a firearm near an apartment complex. Upon arrival, officers located Anthony A. Hernandez, 31, who matched the description provided by the witness.
Screengrab of body worn video footage showing Hernandez Screengrab of body worn video footage showing HernandezDuring the investigation, officers discovered a purple and black 9mm pistol hidden where Hernandez was seen, along with a spent shell casing in the area. Witness testimony further identified Hernandez as the man with the firearm, and it was confirmed that the recovered firearm had been reported stolen.
Photo of the gun from the crime sceneAs a previously convicted felon, including a prior conviction for armed robbery, Hernandez was prohibited from possessing firearms or ammunition.
Following the verdict, the Court ordered that Hernandez remain in custody pending sentencing, which has not been scheduled. At sentencing, Hernandez faces up to 10 years in prison.
There is no parole in the federal system.
Hernandez is also under indictment for assault on a federal officer, inflicting bodily injury, in November 2022, while being held at the Cibola County Correctional Center on the firearms case. The trial for this charge is scheduled for later this year.
U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Albuquerque Police Department. Assistant United States Attorneys Maria Elena Stiteler and Kimberly Bell are prosecuting the case.
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Justice Department and City of Albuquerque, New Mexico, Seek Partial Termination of Consent Decree Covering Albuquerque Police DepartmentRead the Press Release
The Justice Department and City of Albuquerque (City), New Mexico, filed a joint motion today seeking court approval to terminate certain portions of the consent decree covering the Albuquerque Police Department (APD). The joint motion follows the independent monitor’s 20th report, also filed today, which concluded that the City and APD have reached full compliance with 99% of the consent decree’s terms, the highest level of compliance achieved by APD.
The monitor’s report indicates that APD’s compliance level reflects significant achievement in critical areas such as completing timely and high-quality use-of-force and misconduct investigations. These accomplishments take place against a backdrop of a 37% reduction in APD’s use of serious force in the last four years.
“Our joint motion to terminate additional provisions of this consent decree demonstrates that the Justice Department has come even closer to its ultimate goal of ensuring constitutional and effective policing in Albuquerque,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Real reform is not only possible, but evident in Albuquerque. Since this consent decree went into effect, the Albuquerque Police Department has made significant and sustained progress in implementing policing practices that respect civil rights and promote public safety. We have seen a 37% decline in use of serious force over the last four years, and continue to move reform efforts forward. The Justice Department will continue to work with the City and its police department toward our shared goal of constitutional and effective policing—the community deserves nothing less.”
“This partial termination proves that the hard work of the men and women of the Albuquerque Police Department and the persistent advocacy from the community are achieving real results,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “Where the existence of a consent agreement is a symptom of dysfunction, every paragraph terminated is evidence of progress. Effective policy, operational observance of those rules, and persistent compliance with reform have set up APD for success. The sustainment period which follows termination will ensure that APD delivers the police department the people of Albuquerque deserve.”
The joint motion asks the court to terminate 31 consent decree provisions with which APD has fully complied for at least two years. The provisions cover a range of topics, including use of electronic control weapons (commonly known as Tasers); crisis intervention; crisis prevention; and supervision. It is the third joint motion the parties have filed in the last year seeking to terminate a total of 183 paragraphs of the consent decree, or 67% of the enforceable provisions of the agreement.
APD has made substantial change in reaching compliance with provisions of the consent decree the parties seek to terminate, including:
- APD has properly trained all officers on using Tasers to ensure that officers only use these weapons when lawful and necessary.
- APD has trained specialized officers to respond to behavioral health crises and deployed those officers across the department. Albuquerque has also created a new agency called Albuquerque Community Safety to send trained mental health professionals to 911 calls involving behavioral health issues. Through these two initiatives, Albuquerque is working to ensure that people get the help they need.
- APD has improved supervision across the police department, ensuring that officers receive the guidance, direction and support they need to be effective and comply with the law.
The District Court for the District of New Mexico entered the consent decree in June 2015. The decree, as well as information about the Civil Rights Division, are available on the Special Litigation Section Cases and Matters website. Additional information about implementation of the consent decree is also available on the U.S. Attorney’s Office website. If you believe your civil rights have been violated, please submit a complaint through our online portal.
U.S. Attorney’s Office Secures Sentence of Shiprock Man for Voluntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. - A Shiprock man was sentenced to 97 months in federal prison, the maximum penalty pursuant to the plea agreement, for the fatal beating of another man during an altercation.
There is no parole in the federal system.
According to court documents, on June 26, 2022, Morrie Lee Begaye, 37, an enrolled member of the Navajo Nation, started a fight with John Doe, also an enrolled member of the Navajo Nation, at a residence in Shiprock, New Mexico, which is within the exterior boundaries of the Navajo Nation in San Juan County. Begaye attacked John Doe, and after the fight went to the ground, he punched and kicked Doe in the head and body.
John Doe was airlifted to University of New Mexico Hospital in Albuquerque where imaging revealed he had a large bleed in the space surrounding the left side of his brain. The bleed was large enough to cause the brain to shift inside the skull, leading to compression of vital structures of the brain. John Doe was in a coma, and the neurosurgical team deemed his injuries too severe for surgical intervention. The following day, on June 28, 2022, he was declared brain dead and granted others the gift of life through organ donation on June 29, 2022.
Upon his release from prison, Begaye will be subject to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant U.S. Attorneys Caitlin L. Dillon and Brittany DuChaussee are prosecuting the case.
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U.S. Attorney's Office, FBI, and Border Patrol Join Forces to Combat Rising Assaults on AgentsRead the Press Release
ALBUQUERQUE, N.M. – Federal prosecutors have filed charges against several individuals for assaulting U.S. Border Patrol agents in separate incidents along the southern border, highlighting an ongoing concern for officer safety.
According to court documents, on August 20, 2023, a Border Patrol agent pursued a group of migrants near the U.S.-Mexico border. The agent located Juventino Darinel Reyes-Fuentes, 30, a Mexican national, and began to arrest him, but Juventino resisted and attempted to reach for the agent’s weapon. The agent fired at Juventino, shooting his wallet and phone. Juventino’s brother, Jose Maria Reyes-Fuentes, 24, also a Mexican national, then approached and assaulted the agent. A struggle ensued as the brothers wrestled the firearm away from the agent. The brothers then stole the agent's ATV and fled but were later apprehended by other agents.
Juventino and Jose both pled guilty in federal court to assault upon a federal officer involving physical contact and were each sentenced to 16 months in prison.
In another case, Edwin Esau Fuentes-Galea, a Salvadoran national, assaulted a U.S. Border Patrol agent near Santa Teresa, NM, on January 26, 2024. Fuentes resisted arrest, threw sand and dirt at the agent, and bit him during the struggle. His actions resulted in visible injuries to the agent, who required medical treatment.
Fuentes-Galea pled guilty to assaulting a federal officer on May 8, 2024, and was sentenced to 12 months and one day in prison.
On September 19, 2024, Ricardo Prieto-Simental, 25, a Mexican national, was approached by U.S. Border Patrol agents near Santa Teresa, New Mexico. When agents attempted to detain Prieto-Simental, who was suspected of being in the country illegally, Prieto-Simental fled from agents and then attempted to break a cell phone on a rock, and then threw the phone as a Border Patrol Agent’s head. The Border Patrol agent then attempted to place handcuffs on Prieto-Simental, who then began punching, kicking, and biting the Border Patrol agent. Prieto-Simental bit the agent on the left forearm, breaking the skin and resulting in a bite mark and bruising.
Prieto-Simental was charged with assault of a federal agent and has been detained pending trial.
In a similar case, Enrique Rodriguez-Salazar, 26, a Mexican national, was approached by U.S. Border Patrol agents near Santa Teresa, New Mexico on September 26, 2024. When agents attempted to detain Rodriguez, who was laying on the ground, he resisted and threw a handful of dirt into an agent’s face, hitting him in the eyes. After being hit, the agent deployed his taser and was able to subdue Rodriguez.
Rodriguez was charged with assault of a federal agent and appeared before a federal judge and was detained pending the resolution of his case.
In another case, on May 29, 2024, a Border Patrol agent encountered a group of five individuals, including three children, walking along the border wall. When the agent attempted to take the group into custody, Erika Jasmin Lobato-Melendez, a Salvadoran national, bit the Agent on the forearm with enough force to cause bruising and abrasions through her uniform jacket. As a result, the agent required medical treatment.
Lobato-Melendez pled guilty to assaulting a federal officer involving physical contact, on September 5, 2024. At sentencing, Lobato-Melendez faces not more than eight years in prison.
These cases highlight the risks faced by federal officers and the Department of Justice’s commitment to their safety and security. The FBI and U.S. Border Patrol continue to work together to address such incidents.
U.S. Attorney Alexander M.M. Uballez, Chief Patrol Agent Anthony Scott Good of the U.S. Border Patrol El Paso Sector and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Las Cruces Resident Agency of the Federal Bureau Investigation investigated these cases with assistance from the U.S. Border Patrol. Assistant U.S. Attorneys Kirk Williams, Mark Saltman and Christopher S. McNair are prosecuting these cases.
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U.S. Attorney's Office Announces Sentencing of Albuquerque Man for Violent Crime SpreeRead the Press Release
ALBUQUERQUE – An Albuquerque man has been sentenced to 200 months in prison for a violent crime spree that included a series of armed robberies and assaults across New Mexico, culminating in the carjacking and shooting of a 62-year-old veteran.
There is no parole in the federal system.
According to court documents, on November 12, 2021, Procopio Montoya Atkinson, 26, robbed a Dollar General store in Northwest Albuquerque. Atkinson feigned a cash purchase of flavored water, and when the female cashier opened the register to give him change, he reached over the counter to take the money. When she shut the drawer, Atkinson escalated his actions by walking behind the counter and demanding money while pointing a firearm at her. Atkinson discharged the firearm toward the ceiling, causing panic. The manager complied with Atkinson’s demands as he began a verbal countdown. Ultimately, Atkinson took $192 from the register and fled.
The crime spree continued on December 6, 2021, when Atkinson shoplifted clothing and an entire display case full of pocketknives from a Love's Travel Stop in Belen. Atkinson was confronted by two female employees outside and physically assaulted them while attempting to hit them with his vehicle. Just three days later, on December 9, Atkinson assaulted another female employee at a Walmart in Belen after loading a cart with clothing and tools.
Atkinson approaching the display case full of pocketknives.
Atkinson picking up the display case full of pocketknives.
The discarded display case.
On December 13, law enforcement obtained an arrest warrant for Atkinson related to the armed robbery from November 12. On December 17, members of the U.S. Marshals Service fugitive task force established surveillance on his home for his arrest. As they moved in to apprehend him at a gas station, Atkinson displayed awareness of their presence by retrieving binoculars to monitor law enforcement movements. Atkinson drove toward one task force officer while pointing a pistol at him before abandoning his pursuit when backup arrived.
The crime spree culminated on December 20 when John Doe 3 was driving alone in his vintage Chevrolet truck with his wife and daughter following behind in another vehicle. They were stopped at a traffic light when Atkinson approached John Doe 3’s wife and daughter with a pistol and demanded they exit their vehicle. After they refused to open their doors, Atkinson turned his attention to John Doe 3's truck, a beautifully restored ’62 Chevrolet. He opened the passenger door and, after a brief struggle, shot John Doe 3 in the back.
A photo of the scene.
Responding officers successfully blocked the truck in following an unsuccessful escape attempt by Atkinson and John Doe 3 was airlifted to the hospital.
John Doe 3 survived his injuries, but the emotional toll of that day has left lasting scars; he experiences ongoing pain and anxiety whenever near that intersection or driving through similar situations, and his beloved truck now sits dormant.
Upon his release from prison, Atkinson will be subject to five years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the United States Marshal Service, Belen Police Department, Bernalillo County Sheriff’s Office, Albuquerque Police Department, Rio Rancho Police Department and the New Mexico State Police. Assistant U.S. Attorney Timothy Trembley is prosecuting the case.
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U.S. Attorney ’s Office and FBI Charge Arizona Woman with Child AbuseRead the Press Release
ALBUQUERQUE – An Arizona woman has been charged by indictment on multiple counts of abandonment and abuse of a child for allegedly placing three girls in a dangerous situation earlier this year.
Avedale Johnson, 40, an enrolled member of the Navajo Nation, appeared before a federal judge last week and was placed on conditions of release pending trial.
According to the indictment, on May 4, 2024, Johnson is accused of putting Jane Doe 1, Jane Doe 2, and Jane Doe 3—three children under the age of 18—at significant risk of harm by placing them in a situation that could have endangered their lives and health.
If convicted, Johnson faces up to three years in prison.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.
View the Indictment (Johnson).pdfAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney's Office and FBI Announce Upgraded Charges Against Zuni Man After Victim Dies Following Initial Assault CaseRead the Press Release
ALBUQUERQUE – A Zuni man was charged by indictment with voluntary manslaughter after a confrontation at a residence in Zuni escalated into violence.
Joey Luarkie, 24, an enrolled member of the Zuni Pueblo, appeared before a federal judge today and will remain in custody pending trial, which has not been scheduled.
According to court records, on Feb. 4, 2024, Luarkie was at the home of Jane Doe in Zuni when her boyfriend, John Doe, arrived. Jane Doe and John Doe went outside and argued for a short time before John Doe entered the residence to get some belongings. Luarkie followed John Doe and Jane Doe into her bedroom, where a physical altercation allegedly ensued, and Luarkie allegedly stabbed John Doe in the throat.
John Doe exited the residence and collapsed in the front yard, where responding officers from the Zuni Police Department found Jane Doe performing CPR on him. John Doe was transported to Zuni Health Center before being life-flighted to the University of New Mexico in Albuquerque where he underwent two emergency surgeries.
Luarkie initially faced charges of assault with a dangerous weapon and assault resulting in serious bodily injury, but after John Doe died from his injuries, prosecutors upgraded the charges to voluntary manslaughter through an indictment.
If convicted, Luarkie faces a maximum of 15 years in prison.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
View the Indictment (Luarkie).pdfAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney's Office Announces Guilty Plea in Fatal Shooting Case Involving Farmington ManRead the Press Release
ALBUQUERQUE – A Farmington man pleaded guilty in federal court to second degree murder and assault resulting in serious bodily injury after he fired a shotgun into a group of people, resulting in one death and one serious injury.
According to court documents, on September 5, 2021, Hanson Tsosie, 33, an enrolled member of the Navajo Nation, fired a shotgun into a group of people near Nenahnezad, New Mexico, killing Jane Doe 1 and seriously injuring Jane Doe 2.
Hanson will remain in custody pending sentencing, which has not yet been scheduled. At sentencing, Hanson faces a range of eight to 25 years in prison, followed by five years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Mark A. Probasco and Matthew J. McGinley are prosecuting the case.
View the Plea Agreement (Tsosie).pdf# # #
U.S. Attorney's Office Secures Guilty Verdict in Multi-Million Dollar Investment Fraud TrialRead the Press Release
ALBUQUERQUE – Following a week-and-a-half-long trial and less than four hours of deliberation, a federal jury convicted an Arizona man on multiple charges for orchestrating a fraudulent investment scheme. The charges included 17 counts of wire fraud, 12 counts of mail fraud, and two counts of engaging in monetary transactions involving property derived from specified unlawful activity.
According to court documents and evidence presented at trial, over an eight-year period from 2014 to 2021, John Lopez, 73, engaged in a fraudulent investment scheme through his company, Personal Money Management Company (PMMCO). Lopez claimed to have developed a sophisticated algorithm for trading stocks and bonds that had generated above-market returns and guaranteed high annual returns of 10 to 19 percent. He misled clients, many of whom live in northern New Mexico, by stating that their money was primarily invested in stocks and bonds when, in fact, he used it to purchase precious metals. Lopez even offered one investment with a purported 42% annual rate of return over 20 years.
Lopez received approximately $19.4 million from clients. Instead of investing this money as promised, he allocated about $13.3 million to buy precious metals and disbursed around $6.1 million to clients as part of a Ponzi scheme, falsely representing these payouts as investment gains. Throughout the scheme, Lopez provided clients with fake account statements indicating that their investments had grown substantially. When government agents seized PMMCO’s assets in November 2021, they found that the asset’s total value was less than $15 million, despite Lopez claiming client accounts were worth approximately $39 million.
Photo of all the bullion seized from storage unit in November 2021 Photo of placards of silver coins seized from storage unit in November 2021 Photo of silver coins from storage unit Photo of gold coins from businessAfter the asset seizure, Lopez continued to court new clients, persisted in falsely representing a history of producing above-market returns, and kept generating deceptive account statements.
Although prosecutors sought the defendant to be remanded into custody following his convictions, the Court ordered that Lopez remain on conditions of release pending sentencing, which has not been scheduled. At sentencing, Lopez faces up to 20 years in prison.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office and the U.S. Marshals Service investigated this case. The U.S. Attorney’s Office for the District of New Mexico is prosecuting the case.
The U.S. Attorney’s Office brought a separate civil forfeiture action on April 15, 2022, seeking to forfeit assets seized in November 2021. Litigation in the civil proceeding is ongoing.
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U.S. Attorney's Office Announces Sentencing of Colorado Man for Defrauding Federal-Funded NonprofitRead the Press Release
ALBUQUERQUE – A Colorado man was sentenced to three years of probation and ordered to pay $242,210 in restitution for defrauding a nonprofit organization funded by federal agencies, in a scheme that resulted in over $240,000 in fraudulent payments.
According to court documents, Jeffrey Ham, 47, owned Timberline Environmental, LLC, an environmental restoration company. Ham’s co-defendant James Matison worked as the Program Director at WildEarth Guardians, a nonprofit organization whose goal is to protect and restore wildlife, natural resources, and ecosystems of the American west. WildEarth Guardians relies on funding primarily through grants that it receives either directly from federal agencies, such as the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Interior (DOI), or indirectly via the State of New Mexico or other not-for-profit organizations.
Between February 2015 and April 2019, Ham conspired with Matison to generate and submit fraudulent invoices from Timberline Environmental for payment by WildEarth Guardians. These invoices were for hours not actually worked, and expenses not actually incurred.
To facilitate the scheme, Ham provided Matison with pre-signed blank checks from Timberline's account. Matison used these checks to transfer fraudulently obtained funds to accounts under his control, including an account associated with an Arizona company called Euro-American Development.
Prior to his arrest, Ham had attempted to make restitution by arranging an anonymous gift to WildEarth Guardians through his attorney.
Matison pled guilty to conspiracy to commit wire fraud and money laundering and remains on conditions of release pending sentencing, which is currently scheduled for October 31, 2024. At sentencing, Matison faces up to twenty years in prison and up to $250,000 in fines.
U.S. Attorney Alexander M.M. Uballez and the Department of the Interior (DOI) Office of Inspector General, and the Environmental Protection Agency (EPA) Office of Inspector General made the announcement today.
The Environmental Protection Agency Office of Inspector General and the Department of the Interior Office of Inspector General investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.
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U.S. Attorney’s Office, ATF, and HSI Charge Mexican Nationals with Federal Firearms OffensesRead the Press Release
ALBUQUERQUE – Two Mexican nationals are facing federal charges for allegedly attempting to traffic a machinegun, rifles, and a grenade into Mexico.
Fernando Espino-Ortiz and Perla Janeth Ruiz-Lozano appeared before a federal judge today. Espino will remain in custody and Ruiz will be released on conditions pending trial, which has not been scheduled.
According to the criminal complaint, on September 25, 2024, Espino and Ruiz allegedly traveled from Mexico to Albuquerque to illegally purchase firearms, including a machinegun, three rifles, and a grenade from an undercover ATF agent. The defendants brought $100,000 in cash to exchange for the weapons.
During the transaction, Espino took possession of the weapons and loaded them into a vehicle, stating they were to be transported back to Mexico. Both defendants were arrested at the scene.
If convicted of the current charges, Espino and Ruiz each face up to 15 years in prison.
U.S. Attorney Alexander M.M. Uballez, Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations (HSI) El Paso made the announcement today.
The ATF and HSI jointly investigated this case with assistance from the New Mexico State Police. The U.S. Attorney’s Office for the District of New Mexico is prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
View the Criminal Complaint (Fernando Espino Ortiz et al.).pdfA criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney’s Office Announces Sentencing of Mentmore Man for Federal Firearms Violation After Domestic Violence IncidentRead the Press Release
ALBUQUERQUE – A Mentmore man was sentenced to 63 months in federal prison for federal firearms offenses following a domestic violence incident during which he assaulted his wife and kidnapped their four children.
There is no parole in the federal system.
According to court documents, on the morning of September 23, 2021, Rumaldo Peshlakai's wife reported to the Navajo Nation Police Department that she had been assaulted by Peshlakai, 43, an enrolled member of the Navajo Nation. He then fled their home with their four children, ages 10, 7, 5, and 2, in his wife’s vehicle. The wife informed police that Peshlakai was likely under the influence of alcohol and cocaine, armed with a firearm, and had threatened to shoot officers if they attempted to stop him.
A multi-agency search ensued, involving the Navajo Nation Police Department, FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Marshals Service. Peshlakai evaded law enforcement for several hours, traversing over six miles on foot and at one point hiding the children in a drainage culvert. Along the way, Peshlakai buried the firearms under a tree along the path they walked and covered the hole with leaves and branches in an attempt to conceal them. Peshlakai eventually left the children at his mother’s home in Fort Defiance, Arizona, before turning himself in the next day, on September 24, 2021.
Following Peshlakai’s arrest, with the assistance of a specially-trained K-9 gun-sniffing canine, law enforcement recovered three firearms – two handguns and a rifle – that he had buried during his escape. As a previously convicted felon – including a prior federal conviction for being a felon in possession of firearms and ammunition, Peshlakai was prohibited from possessing firearms or ammunition.
Upon his release from prison, Peshlakai will be subject to three years of supervised release. He was also ordered to forfeit the firearms and ammunition, which included a Glock 19 9mm handgun, a Phoenix Arms .25 Automatic Colt pistol, a Marlin .22 caliber rifle, and various calibers and brands of ammunition.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Police Department and Department of Criminal Investigations investigated this case with assistance from the FBI Phoenix Field Office, United States Marshals Service, New Mexico State Police, McKinley County Sheriff's Office and Bernalillo County Sheriff's Office. Assistant U.S. Attorneys Alexander F. Flores and Kimberly Bell are prosecuting the case.
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U.S. Attorney's Office Announces Guilty Plea in Federal Assault CaseRead the Press Release
ALBUQUERQUE – An Ohkay Owingeh man pleaded guilty in federal court to assault resulting in serious bodily injury after shooting John Doe.
According to the plea agreement, on June 28, 2023, Robert Abeyta, 51, an enrolled member of the Pueblo of Ohkay Owingeh, confronted John Doe at Doe's residence while armed with a pistol. Abeyta threatened John Doe with the firearm before shooting him multiple times in the upper body. John Doe suffered gunshot wounds to his cheek, neck, shoulder, and chest.
Abeyta will remain on conditions of release pending sentencing, which has not yet been scheduled. At sentencing, Abeyta faces seven to 10 years in prison. Upon his release from prison, Abeyta will be subject to up to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Bureau of Indian Affairs investigated this case with assistance from the Ohkay Owingeh Police Department and Santa Clara Police Department. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.
View the Plea Agreement (Abeyta).pdf# # #
U.S. Attorney's Office Announces Guilty Plea in Fatal Navajo CrashRead the Press Release
ALBUQUERQUE – An Arizona man pleaded guilty in federal court today to charges of involuntary manslaughter and assault resulting in serious bodily injury, admitting to causing a fatal three-vehicle crash.
According to the plea agreement, Olan Jumbo, 31, an enrolled member of the Navajo Nation, admitted that on November 26, 2022, shortly after midnight, he caused a three-vehicle crash in Navajo, New Mexico while driving under the influence of alcohol. Jumbo was speeding when he collided with a vehicle driven by Jane Doe, with John Doe as a passenger. As a result of the collision, Jane Doe suffered fatal injuries, while John Doe sustained serious bodily harm.
At sentencing, Jumbo faces up to 10 years in prison. Upon his release from prison, Jumbo will be subject to up to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.
View the Plea Agreement (Jumbo).pdf# # #
U.S. Attorney's Office Announces Sentencing of Datil Man for Filing Fraudulent $20 Million Lien Against Federal EmployeeRead the Press Release
ALBUQUERQUE – A Datil man previously prohibited from filing liens without court approval, was sentenced to 27 months in prison for retaliating against a federal employee by filing a fraudulent $20 million lien in Catron County.
There is no parole in the federal system.
According to court documents, on November 28, 2022, Trapper Killsmany, 68, formerly known as David Goldsmith, filed a fraudulent $20 million lien with the Catron County Clerk's Office against several individuals, including a federal employee. The liens were determined to be false, as the listed debtors had no financial relationship or obligations to Killsmany.
Killsmany's actions were in retaliation for the termination of certain Social Security Administration benefits. Killsmany operated a Facebook page titled "Truth for Trapper Killsmany," where he openly stated that the purpose of the liens was to expose alleged frauds and criminal activities by government employees.
Killsmany had previously been prohibited by a United States District Court in Alaska from filing liens without court approval. In his plea agreement, Killsmany admitted he was aware of the fraudulent nature of his actions.
Upon his release from prison, Killsmany will be subject to 2 years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Albuquerque Field Office investigated this case with the assistance of Catron County Sheriff’s Office and the Social Security Administration. Assistant U.S. Attorney Ry Ellison is prosecuting the case.
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U.S. Attorney Announces Guilty Plea in Navajo Nation Assault CaseRead the Press Release
ALBUQUERQUE – A Shiprock man pleaded guilty today in federal court to assault resulting in serious bodily injury after slicing another man's throat during a gathering.
According to court documents, on September 10, 2022, Darron Smith, 24, an enrolled member of the Navajo Nation, was attending a small gathering at an apartment within the Navajo Nation reservation. Shortly after midnight, without warning or provocation, Smith removed a 7.5-inch blade from a knife block and sliced the throat of John Doe.
Doe was rushed to the emergency room and hospitalized. He suffered a 5 ½ inch laceration on his neck which required 13 sutures.
At sentencing, Smith faces up to ten years in prison. Upon his release from prison, Smith will be subject to up to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant U.S. Attorneys Matthew J. McGinley and Mark A. Probasco are prosecuting the case.
View the Plea Agreement (Smith).pdf# # #
U.S. Customs and Border Protection Officer Sentenced for Civil Rights Violation and Falsifying RecordsRead the Press Release
ALBUQUERQUE – A U.S. Customs and Border Protection Officer was sentenced 20 months in prison for violating the civil rights of a U.S. citizen and falsifying records in a federal investigation.
There is no parole in the federal system.
According to court documents and evidence presented at trial, on June 18, 2019, while working as a U.S. Customs and Border Protection Officer at the Columbus Port of Entry, Oscar Orrantia, 38, encountered John Doe, a 63-year-old U.S. citizen. When John Doe complained about the heat while at the port of entry, Orrantia became angry and unjustifiably extracted John Doe from his vehicle and performed a “take-down” where he threw John Doe into a side barrier, which resulted in John Doe hitting his head. John Doe sustained bruising to his body and head as a result.
After this altercation, Orrantia placed John Doe in handcuffs and took him inside the facility. In his own words, Orrantia justified his actions to another officer by stating that he believed John Doe was “fucking being a dick.” Following the incident, Orrantia wrote an official report filled with false statements in an attempt to evade accountability for his actions.
The incident came to light after John Doe sought legal counsel from the ACLU, which subsequently filed a lawsuit against Orrantia and U.S. Customs and Border Protection. This lawsuit prompted the U.S. Customs and Border Protection's Office of Professional Responsibility to review the incident and consult with the U.S. Attorney's Office regarding potential criminal charges.
The investigation uncovered a troubling pattern of misconduct by Orrantia. At least two other individuals made allegations of improper behavior during inspections at the Columbus Port of Entry, occurring in August 2019 and June 2020. Additionally, Orrantia was involved in a separate incident at a Border Patrol checkpoint in August 2018, where he disregarded proper procedures and his colleagues' authority.
Orrantia's past disciplinary records indicate that he had previously faced consequences for the August 2018 incident, as well as for another incident in May 2020 involving unauthorized visitors and dishonesty during an administrative investigation.
Orrantia was convicted by a federal jury of one count of deprivation of a right and one count of falsification of records in December 2023.
Upon his release from prison, Orrantia will be subject to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Rosa P. Mendez-Mier, Special Agent in Charge of Customs and Border Protection, Office of Professional Responsibility in El Paso, Texas, made the announcement today.
This case was investigated by Customs and Border Protection Office of Professional Responsibility (CBP OPR) with assistance from the Federal Bureau of Investigation, CBP Law Enforcement Safety & Compliance Less Lethal Training Branch, CBP Office of Assistant Chief Counsel, Department of Homeland Security, Office of Inspector General (DHS OIG) and the United States Marshals Service. Assistant U.S. Attorneys Marisa Ong and Eliot Neal prosecuted this case.
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U.S. Attorney and FBI Charge Man for Drive-by Shooting in ZuniRead the Press Release
ALBUQUERQUE – A Zuni Pueblo man was charged by criminal complaint with federal firearms violations following a drive-by shooting that occurred on the Pueblo of Zuni Indian Reservation.
Devin Wyaco, 33, an enrolled member of the Pueblo of Zuni, appeared before a federal judge today and will remain in custody pending trial, which has not been scheduled.
According to the criminal complaint, on September 19, 2024, John Doe and his girlfriend were riding their bikes in Zuni, New Mexico when they noticed a white sedan with tinted windows drive past them, going in the same direction as them. The sedan then did a U-turn and stopped before driving back towards them. As the vehicle passed them, one shot was fired from the passenger side, striking John Doe in his abdomen.
John Doe was transported via ambulance first to Zuni Hospital, then to University of New Mexico Hospital. When he was later interviewed by investigators, John Doe identified the vehicle as belonging to Wyaco’s girlfriend.
Investigators executed a federal search warrant on Wyaco’s girlfriend’s residence. There, they spoke to Wyaco’s girlfriend, who stated she had been in the vehicle with Wyaco at the time of the shooting. Wyaco’s girlfriend told investigators that he had fled and was still in possession of the firearm.
If convicted, Wyaco faces a minimum of 10 years in prison.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Zachary C. Jones is prosecuting the case.
View the Criminal Complaint.pdfA criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney's Office and FBI Announce Criminal Charges in Fruitland CarjackingRead the Press Release
ALBUQUERQUE – A Farmington man was charged by indictment for carjacking incident in 2022 in Fruitland, New Mexico.
Myles Cordelle Dan Padilla, 32, an enrolled member of the Navajo Nation, appeared before a federal judge and will remain in custody pending trial, which is set for November 12, 2024.
According to the indictment, on April 10, 2022, Padilla took a motor vehicle from John Doe by force. During the incident, Padilla discharged a firearm. Padilla is prohibited by federal law from handling or possessing firearms or ammunition due to his previous felony convictions, which include breaking and entering, battery upon a peace officer, and battery against a household member.
If convicted of the current charges, Padilla faces not less than 10 years and up to life in prison.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorney Mark A. Probasco is prosecuting the case.
Padilla Indictment.pdfAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney's Office Secures Sentence of Isleta Village Man for Federal Firearms OffenseRead the Press Release
ALBUQUERQUE – A Los Lunas man was sentenced to 15 months in prison for shooting at a family friend with a shotgun following a dispute.
According to court records, on December 14, 2023, Vincent Jerome Martinez opened fire on a family friend with a 12-gauge shotgun when the victim arrived to give a ride to Martinez's grandmother and her granddaughters. Martinez exited his residence, pointed the shotgun at the victim, and yelled "I'm going to kill you!" before discharging the firearm multiple times. The victim fled the scene in his vehicle.
The incident stemmed from a verbal altercation the previous night after the victim refused to take Martinez to purchase alcohol.
As police responded, Martinez attempted to conceal the shotgun under railroad ties behind a metal shed. He was apprehended shortly after and initially denied having a weapon, despite shotgun shells falling from his pockets. During a subsequent interview, Martinez admitted to the shooting.
Martinez will be subject to three years of supervised release and was ordered to pay a $3,900 fine.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Bureau of Indian Affairs investigated this case with assistance from the Isleta Police Department. Assistant United States Attorney Jesse Pecoraro is prosecuting the case.
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U.S. Attorney's Office Delivers 12 Year Prison Sentence for 2019 Crime SpreeRead the Press Release
ALBUQUERQUE – An Albuquerque man was sentenced to 12 years and one day in prison for a violent crime spree that included two carjackings at gunpoint, an attempted bank robbery, and a high-speed chase with law enforcement.
There is no parole in the federal system.
According to court documents, on the evening of January 8, 2019, Charles Chavez, 33, approached a home on Gold Ave SW, rang the doorbell, and asked the homeowner to use the telephone. When the homeowner refused, Chavez brandished a loaded rifle and demanded the keys to the homeowner's truck. Fearing for his life, the homeowner complied, and Chavez fled in the truck.
Shortly after, Chavez abandoned the stolen vehicle at a gas station located at 511 Bridge Blvd SW. There, he encountered E.E., who was refueling his vehicle. Chavez, armed with the same rifle, threatened E.E. and his passengers, demanding the keys to the vehicle. E.E. handed over the keys, and Chavez forcibly took the vehicle, leaving behind the first stolen truck.
Chavez continued his crime spree at a Wells Fargo ATM near Rio Bravo Blvd SW, where he blocked in a vehicle occupied by A.B. and V.E. Chavez pointed the rifle at the pair and demanded money. When they could not produce any cash, Chavez ordered them to withdraw funds from the ATM. His attempt to rob the victims was interrupted when a Bernalillo County Sheriff’s Deputy arrived at the scene and ordered Chavez to surrender.
Instead of complying, Chavez shouted expletives and fled in the stolen vehicle, initiating a high-speed chase. Driving at speeds of up to 100 mph, Chavez ultimately crashed the vehicle and attempted to flee on foot, still armed with the rifle. Deputies gave repeated commands for Chavez to surrender, but he refused, threatening officers and indicating he might shoot himself. Even after placing the rifle down, Chavez kept it within arm’s reach and continued to resist arrest. Deputies were forced to deploy non-lethal beanbag rounds and a K-9 unit to finally apprehend him.
Upon his release from prison, Chavez will be subject to five years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Albuquerque Police Department and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Niki Tapia-Brito prosecuted the case as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.
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U.S. Attorney and ATF Announce Charges Against Five in Bernalillo County Firearms and Drug Trafficking SchemeRead the Press Release
ALBUQUERQUE – Five young men face federal charges for allegedly running a firearms and drug trafficking operation that utilized social media platforms to sell machine gun conversion devices and cocaine.
The indictment alleges that from approximately February 13, 2024, to July 2024, Micah Maestas, 19, Dominic Ramirez, 20, Daniel Garcia, 18, and Oscar Ruiz Salmeron, 19, engaged in a conspiracy to illegally sell firearms, including machine gun conversion devices, and distribute cocaine in Bernalillo County. Jesus Ruiz Salmeron, 19, is accused of unlawfully possessing a machinegun.
The defendants allegedly used social media platforms such as Instagram and Telegram to advertise and negotiate the sale of firearms. They are accused of transporting firearms to meet buyers and completing sales for cash. Specifically:
- On February 13, 2024, Maestas, Ramirez, and Garcia allegedly distributed cocaine.
- On March 1, 2024, Maestas, Ramirez, and Garcia sold a Glock 30 .45 caliber pistol with a machine gun conversion device to an undercover officer for $1,200, distributed cocaine, and used a firearm in furtherance of drug trafficking.
- On May 2-3, 2024, Ramirez and Garcia sold a Glock 19x with a machine gun conversion device for $1,300, distributed cocaine, and used a firearm in furtherance of drug trafficking.
- On May 9, 2024, Maestas, Ramirez, and Oscar Ruiz Salmeron sold a Diamondback firearm 300 blackout caliber rifle for $1,100, distributed cocaine, and used a firearm in furtherance of drug trafficking.
- On or before June 13, 2024, Jesus Ruiz Salmeron possessed and transferred a machinegun.
- On July 3, 2024, Maestas possessed and sold a Glock 19 9mm pistol with a machine gun conversion device for $1,300. The machine gun conversion device in this incident was described as “invisible,” fitting flush with the back of the firearm, whereby evading potential law enforcement detection.
Garcia will remain in custody pending trial. Maestas will remain in custody pending a detention hearing, which is currently scheduled for September 24, 2024. Ramirez and the Salmeron brothers have been ordered to reside in a halfway house pending trial, which is currently scheduled for November 4, 2024.
If convicted, Garcia, Maestas, Ramirez and Oscar Ruiz Salmeron face a mandatory minimum of five years in prison up to life in prison for possession of a firearm during and in relation to a drug trafficking crime. Jesus Ruiz Salmeron faces up to 10 years in prison for possession of a machine gun conversion device.
U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.
Maetas et al. Indictment.pdfAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Couple Pleads Guilty to Theft from Isleta Pueblo BusinessRead the Press Release
ALBUQUERQUE – A husband and wife have pleaded guilty to federal charges for working together to steal over $10,000 from a local business on the Isleta Pueblo.
According to the plea agreements, on February 4, 2023, Eva Mae Hernandez and Frank Joe Hernandez drove to Chical Haystack, a general store located within the Isleta Pueblo. Eva acted as a lookout while Frank entered a restricted area of the store and stole $7,275.50 in cash and a check for $3,134.80 from the store’s safe. The couple was in the store for approximately five minutes before fleeing with the stolen funds.
At sentencing, each faces up to five years in prison. They must also make restitution to Chical Haystack for the money they worked together to steal. Upon their release from prison, Eva and Frank will be subject to up to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Isleta Police Department investigated this case with assistance from the Belen Police Department. Assistant United States Attorney Zachary Jones and Brittany DuChaussee are prosecuting these cases.
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U.S. Attorney’s Office Charges Dulce Man with Domestic ViolenceRead the Press Release
ALBUQUERQUE – A Dulce man is charged by federal prosecutors with kidnapping, strangulation, and assault against his intimate partner.
The indictment alleges that on April 7 and April 8, 2024, Kayiliab Haines, 33, an enrolled member of the Jicarilla Apache Indian Tribe, unlawfully kidnapped and held Jane Doe, his intimate partner, and strangled and suffocated her.
The indictment also alleges that on March 23, 2012, Haines assaulted Jane Doe and the assault caused serious bodily injury.
Haines will remain in custody pending trial, which has not yet been scheduled.
If convicted, Haines faces up to 10 years in prison for the assaults and any term of years up to life in prison for the kidnapping.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Jicarilla Apache Police Department investigated this case. Assistant United States Attorney Meg Tomlinson is prosecuting the case.
View the IndictmentAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney's Office and IRS Announce Sentencing of Albuquerque Man for Tax Evasion SchemeRead the Press Release
ALBUQUERQUE – An Albuquerque man was sentenced to 40 months in prison for devising and operating a tax evasion scheme and ordered to pay over $5.5 million in restitution.
There is no parole in the federal system.
According to court records, in January 2005, David Wellington and Stacy Underwood founded National Business Services, LLC in New Mexico, specializing in creating LLCs for clients seeking to "beat the IRS" by evading taxes. Wellington focused on marketing and client development, while Underwood managed corporate filings and bank accounts.
The company obtained Employer Identification Numbers (EINs) for clients and opened bank accounts under Underwood's sole signature authority. From 2005 to 2015, they created 192 LLCs and opened 114 bank accounts, with approximately $41.7 million deposited into accounts under Underwood’s control, representing concealed income.
One notable client, Jerry Shrock, had three LLCs formed by National Business Services while undergoing an IRS audit. Despite the audit, Shrock transferred his home into one of the LLCs to shield it from the government. Between 2011 and 2015, he deposited nearly $4.9 million into a bank account opened for one of his LLCs, concealing over $4.3 million in income without ever filing tax returns.
Stacy Underwood pleaded guilty to conspiracy to defraud the United States and remains on conditions of release pending sentencing, which has not been scheduled. Under the terms of her agreement, Underwood faces up to 5 years in prison followed by up to 3 years of supervised release.
Jerry Shrock pleaded guilty to conspiracy to defraud the United States and was sentenced to 5 years’ probation and ordered to pay $1,542,769.70 in taxes, interest, and penalties.
Upon his release from prison, Wellington will be subject to three years of supervised release and is prohibited from ever running any business advising clients or dealing with the IRS.
U.S. Attorney Alexander M.M. Uballez and Carissa Messick, Acting Special Agent in Charge, IRS Criminal Investigation, made the announcement today.
IRS Criminal Investigation investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.
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U.S. Attorney and FBI Charge Albuquerque Man with Sexual Abuse of a MinorRead the Press Release
ALBUQUERQUE – An Albuquerque man was charged by federal prosecutors with sexual abuse of a minor.
The indictment alleges that between January 2022 and May 2023, Joseph Arquero, 50, an enrolled member of Isleta Pueblo, engaged in or attempted to engage in a sexual act with a child that had not yet attained the age of 12 years.
Arquero will remain on conditions of release in the third-party custody of La Pasada Halfway House pending trial, which has not yet been scheduled.
If convicted, Arquero faces 30 years to life in prison.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office investigated this case with assistance from the Isleta Police Department. Assistant United States Attorney Meg Tomlinson is prosecuting the case.
View the IndictmentAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Secures 11 Year Prison Sentence for Assault of Incapacitated Minor VictimRead the Press Release
ALBUQUERQUE – A Dulce man was sentenced to 11 years in federal prison for sexually assaulting an unconscious 16-year-old girl and photographing the abuse.
According to court documents, on May 26, 2022, Willard Dedios, 60, an enrolled member of the Jicarilla Apache Tribe, sexually assaulted the minor victim, who was intoxicated, at his home in Dulce, New Mexico. After the victim lost consciousness, Dedios sexually assaulted her and took explicit photographs of the abuse. The victim briefly regained consciousness during the assault but was unable to stop it before passing out again.
Upon his release from prison, Dedios will be subject to 10 years of supervised release and must register as a sex offender.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Jicarilla Apache Police Department. Assistant United States Attorneys Alexander F. Flores and Zachary Jones are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, 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 Justice.gov/PSC.
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Standing Rock Man Accepts Responsibility for Deadly Shooting on Navajo NationRead the Press Release
ALBUQUERQUE – A Standing Rock man charged by federal prosecutors for the fatal shooting of a woman during a confrontation at his home pleaded guilty today to involuntary manslaughter and assault with a dangerous weapon.
According to court documents, on December 30, 2023, Sonny Hannah, 75, an enrolled member of the Navajo Nation, was confronted by Jane Doe 1 outside Hannah’s residence on the Navajo Nation because her car had been broken into while it was parked behind his residence. Hannah became defensive and threatened Jane Doe 1.
Jane Doe 1 walked away and returned to her car. A short time later, Hannah exited his house with a rifle and threatened to shoot Jane Doe 1 if she did not leave. When she did not leave, Hannah fired his gun twice in Jane Doe’s direction from 20 to 35 feet away.
Hannah said he intended to shoot above Jane Doe 1’s head to scare her, but at least one gunshot struck and killed her. In his plea agreement, Hannah acknowledged it was unreasonable to shoot in Jane Doe 1’s direction and that he did so without due caution and circumspection, causing her death.
Additionally, Hannah admitted that immediately after shooting Jane Doe 1, while still holding the gun, he physically motioned towards her children to leave. This action gave Jane Doe 2 reasonable fear that Hannah intended to do bodily harm to her with the rifle.
Hannah will remain in a halfway house pending sentencing, which has not yet been scheduled. At sentencing, Hannah faces up to 10 years in prison followed by three years of supervised release. Hannah must also forfeit the rifle used in the crimes.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.
View the Plea Agreement# # #