District of New Mexico
Press releases recorded for this federal judicial district.
Nigerian National Sentenced for Romance SchemeRead the Press Release
ALBUQUERQUE – A Nigerian National was sentenced to 51 months in prison and ordered to pay $524,000 in restitution and a money judgment in the amount of $868,295 for his role in a hybrid romance scam and business email compromise scheme.
There is no parole in the federal system.
According to court documents, the scheme began in July 2015 when a co-conspirator initiated a romance scam with a 56-year-old widow in New Mexico using the alias "Sean Bartlett." The co-conspirator convinced the victim that he was an engineer working on lucrative oil contracts and promised to marry the victim but instructed her to send him money for supposed business expenses.
On September 13, 2015, Uchenna Nlemchi opened a personal bank account at Amegy Bank in his own name. Sixteen days later, Nlemchi opened a fraudulent business bank account at the same bank in the name of the non-existent "Jay Auto & Machine Parts," listing himself as the sole owner.
Following the co-conspirator’s instructions over the next few months, the victim made several transfers into accounts controlled by Nlemchi totaling over $375,000 from her retirement savings and a home equity loan. This included wiring $45,000 on October 7th to another person's account, before sending $35,000 directly to the "Jay Auto & Machine Parts" account on October 9th, the same day the other person wired $44,000 into that account. On October 22nd, the victim transferred $125,346 from her and her late husband's IRA accounts into Nlemchi’s "Jay Auto & Machine Parts" bank account. Then on December 7th, she took out a $170,000 home equity loan and immediately transferred the full amount to that account.
Separately in late 2015, a German citizen attempting to purchase a Miami condo received fraudulent wire instructions after a hacker compromised her attorney's email. The German victim then wired money intended for the condo purchase to the New Mexico victim’s account. A co-conspirator then instructed the New Mexico victim to forward over $200,000 of those funds to Nlemchi’s accounts.
Nlemchi rapidly withdrew and transferred globally over $868,000 that was deposited into the "Jay Auto & Machine Parts" account from the New Mexico victim and other fraud proceeds. Nlemchi abandoned the fraudulent accounts on February 29, 2016, as bank investigators closed in.
At the time, Nlemchi was in the United States on a student visa and attended Texas Southern University. He was arrested in Houston, Texas in 2017 and released on electronic monitoring in the third-party custody of his wife and ordered to surrender his passport. Nlemchi escaped from his monitoring system and fled to Mexico, then to Brazil, then back to his home in Nigeria. Nlemchi was an international fugitive for more than five years until his arrest in Hungary in 2023.
Nlemchi pleaded guilty in federal court to one count each of wire fraud and conspiracy to commit money laundering in February 2024.
After completing his term of imprisonment, Nlemchi will be required to serve 3 years of supervised release and will be subject to deportation proceedings.
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 Division of the FBI investigated this case with assistance from the Albuquerque Police Department during the extradition process. Assistant U.S. Attorney Jeremy Peña is prosecuting the case.
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Albuquerque Man Convicted of Federal Firearm OffensesRead the Press Release
ALBUQUERQUE – An Albuquerque was convicted by a federal jury, after less than 30 minutes of deliberation, of possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm and ammunition by a felon.
According to court documents and evidence presented at trial, between February and June 2022, Mike Tomasaour sold an undercover detective with the Albuquerque Police Department methamphetamine and fentanyl. Most of the transactions took place at the Court John Motel in Northwest Albuquerque.
On June 28, 2022, DEA agents planned a larger buy from Tomasaour at the motel and then executed a search warrant on the motel room. Agents planned to buy five pounds of methamphetamine and approximately 2,000 fentanyl pills. Prior to the buy, agents set up surveillance on the motel. While waiting for the agreed upon time, agents observed Robert Grado enter Tomasaour’s motel room with a purple bag. Shortly thereafter, Tomasaour texted the agent that the "groceries” were ready. Agents moved in to make the arrests and execute a search.
A search of Tomasaour's motel room yielded a loaded firearm, which was stolen, 92.6 grams of methamphetamine, 101 grams of fentanyl, and $760 in cash. During the search, Tomasaour threw the purple bag out the motel room window. The bag contained 2316.4 grams of meth and 278.5 grams of fentanyl. A search of Grado's vehicle yielded 2 additional guns, 65 grams of fentanyl pills, and 149.5 grams of meth.
The Court ordered that Tomasaour remain in custody pending sentencing, which has not been scheduled. At sentencing, Tomasaour faces a minimum of 15 years in prison and up to a term of life followed by a minimum of 5 years of supervised release.
Grado pled guilty to conspiracy, aiding and abetting, possession with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm and ammunition by a felon on May 9, 2024. At sentencing, Grado faces not less than 15 years in prison.
There is no parole in the federal system.
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 and the Albuquerque Police Department jointly investigated this case. Assistant U.S. Attorneys Jaymie L. Roybal and Louis Mattei prosecuted the case.
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Vanderwagon Man Charged with Federal Firearms OffensesRead the Press Release
ALBUQUERQUE – A Vangerwagon man was charged by indictment with multiple federal firearms offenses and attempted murder.
Perris Jeremiah Arthur, 35, an enrolled member of the Navajo Nation, appeared before a federal judge today and will remain in custody pending trial, which has not been scheduled.
According to the indictment, on May 1, 2023, Arthur assaulted John Doe with a rifle with the intent to commit murder.
If convicted of the current charges, Arthur faces up to 20 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 Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant United States Attorney Nicholas J. Marshall 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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Thoreau Woman Charged with Involutory ManslaughterRead the Press Release
ALBUQUERQUE – A Thoreau woman was charged by indictment with involuntary manslaughter.
Nora Abeita, 49, an enrolled member of the Navajo Nation, appeared before a federal judge today and will remain on conditions of release pending trial, which has not been scheduled.
According to the indictment, on May 28, 2023, Abeita was driving without due caution when she killed John Doe.
If convicted of the current charges, Abeita faces up to eight years in prison.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Navajo Nation Department of Public Safety investigated this case with assistance from the Navajo Nation Police Department and the Gallup Resident Agency of the FBI Albuquerque Field Office. Assistant United States Attorney Nicholas J. Marshall 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.
Roswell Man Sentenced for Sexually Exploiting Two Minors After Grooming Them on SnapchatRead the Press Release
ALBUQUERQUE – A child predator who used the messaging app Snapchat to groom and sexually exploit young girls was sentenced to 235 months in prison after pleading guilty to criminal sexual acts against minors.
There is no parole in the federal system.
According to court documents, between September 2022, and November 18, 2022, Juan Rodriguez, 40, engaged in a sexual act with Jane Doe 1, a 12-year-old minor female on three occasions. Prior to engaging in sexual activity with Jane Doe 1, Rodriguez communicated with Jane Doe 1 on the instant messaging app Snapchat.
During the summer of 2021, Rodriguez engaged in a sexual act with Jane Doe 2, an 11-year-old minor female. Prior to engaging in sexual activity with Jane Doe 2, Rodriguez communicated with her on the instant messaging app Snapchat.
In his plea agreement, Rodriguez admitted that he knew Jane Doe 1 and Jane Doe 2 were minors when he communicated with them.
After completing his term of imprisonment, Roriguez will be required to serve 10 years of supervised release and must register as a sex offender.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
This case was investigated by the Roswell Police Department and the FBI’s Albuquerque Division Child Exploitation and Human Trafficking Task Force.
Assistant United States Attorney Joni Autrey Stahl is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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Mescalero Man Sentenced for Domestic AssaultRead the Press Release
ALBUQUERQUE – A Mescalero man was sentenced to 24 months in prison after pleading guilty in to assault of an intimate partner by strangling.
There is no parole in the federal system.
According to court documents, on July 19, 2023, Ashton Louis Apachito, 20, an enrolled member of the Mescalero Apache Tribe, assaulted his girlfriend, Jane Doe, at his mother’s house.
Following the incident, Jane Doe left the residence to stay with her mother. Over the next several days, Apachito harassed Jane Doe by phone and threatened to throw all her belongings in the road. On July 29, Jane Doe returned to the residence to collect her belongings, at which time Apachito attacked Jane Doe, pushing her to the ground, kicking her in the stomach multiple times and choking her.
The next morning, Jane Doe called her mother and asked her to pick her up. Jane Doe’s mother reported the domestic violence to BIA and Jane Doe was transported to the Lincoln County Medical Center for treatment. Jane Doe’s injuries included swelling and dark bruising on her left eye, slight bruising on her right eye, bruising on both facial cheeks, bruising on the left side of her stomach and hip, and bruising on her right triceps.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Bureau of Indian Affairs investigated the case. Assistant U.S. Attorney Eliot Neal is prosecuting the case.
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Brimhall Man Sentenced for Murder and Attempted Cover-UpRead the Press Release
ALBUQUERQUE – A Brimhall man was sentenced to 21 years in prison after pleading guilty to second-degree murder of a man whose body he later burned in an attempt to conceal the evidence.
There is no parole in the federal system.
According to court documents, on July 1, 2019, an individual brought Gilbert John, Jr. a stolen car and told him to "get rid of" a person locked in the trunk. John and the individual drove around smoking meth before stopping in a remote area using back roads.
When the victim tried to escape from the trunk, John stabbed the victim repeatedly with a machete and slammed the trunk door on him. After driving the car to a residence and leaving it for days, John later towed the car to a remote area and set it on fire with the body inside.
The charred remains were identified by medical device serial numbers, as the body was almost entirely burned.
After completing his term of imprisonment, John will be required to serve 5 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.
View the Plea Agreement# # #
Taos Pueblo Man Charged with Multiple Counts of Sexual Abuse of ChildrenRead the Press Release
ALBUQUERQUE – A Taos Pueblo man has been charged by indictment with multiple counts of sexual abuse against three minors.
Ben John Martinez, 75, an enrolled member of the Taos Pueblo, appeared before a federal judge today to be informed of the eleven count federal indictment he faces.
According to the indictment, between September 2001 and October 2010, Martinez engaged in sexual acts with three children whose ages ranged from five to thirteen years old at the time of the abuse. If convicted of the current charges, Martinez faces not less than 30 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 Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Taos Pueblo Department of Public Safety. Assistant United States Attorney Alexander Flores is prosecuting the case. The FBI continues to investigate Martinez’s involvement in crimes against other victims. If you have reason to believe you or someone you know may be a victim, please call the FBI at (505) 889-1300 or Chief Summer Mirabal of the Taos Pueblo Department of Public Safety at (575) 741-0764.
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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Two Brothers Plead Guilty to Human Smuggling, Hostage-Taking ChargesRead the Press Release
ALBUQUERQUE - Two brothers who operated a human smuggling stash house in Sunland Park, New Mexico, where migrants were held hostage pleaded guilty to federal charges.
On Jan. 18, 2023, U.S. Border Patrol agents apprehended two groups of undocumented noncitizens (UNCs) in El Paso, Texas, who stated they had escaped from a stash house in Sunland Park. Border Patrol agents were able to link the two groups to the same stash house in the “Old Anapra” neighborhood of Sunland Park. The UNCs reported being threatened at gunpoint and were told to pay additional smuggling fees.
After identifying the stash house, Border Patrol agents contacted Homeland Security Investigations (HSI) special agents, who conducted surveillance, obtained a search warrant, and found seven migrants being held against their will on the property, including a woman and her 7-year-old child.
In his plea agreement, Saul Castorena, 41, admitted that between January 15 and January 18 of 2023, he intentionally detained individuals in order to compel their family to pay for their release. To that end, Saul possessed a shotgun, knowing that he had previous felony convictions.
In his plea agreement, Steven Castorena, 40, admitted that he conspired with and acted independently with others to transport and harbor migrants.
The Court ordered that Steven and Saul remain detained pending sentencing, which has not been scheduled.
At sentencing, Saul faces up to life in prison. Upon his release from prison, Saul will be subject to up to five years of supervised release.
At sentencing, Steven faces up to 10 years in prison. Upon his release from prison, Steven will be subject to up to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Eric McLoughlin, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, made the announcement today.
Homeland Security Investigations investigated this case with the assistance of U.S. Customs and Border Protection and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Randy Castellano and Devon Aragon Martinez are prosecuting the case.
View Steven's Plea Agreement View Saul's Plea Agreement# # #
Man Sentenced for Raping Unconscious Woman After Night of DrinkingRead the Press Release
ALBUQUERQUE – A Ohkay Owingeh Man was sentenced to 70 months in prison for raping an unconscious woman at a family friend’s apartment after a night of drinking in July 2022.
There is no parole in the federal system.
According to court documents, on July 2, 2022, Dwayne Calvert, 34, an enrolled member of the Pueblo of Ohkay Owingeh, raped Jane Doe while she lay unconscious on a couch after a night of heavy drinking. The sexual assault occurred at the apartment of a family friend where Calvert had been babysitting.
The family friend and her boyfriend witnessed Calvert naked on top of the unconscious Jane Doe and alerted authorities. Jane Doe had no memory of the rape.
In his plea agreement, Calvert admitted he knew Jane Doe was passed out from consuming too much alcohol and never consented to a sexual act.
After completing his term of imprisonment, Calvert will be required to serve five years of supervised release.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services. Assistant United States Attorney Zachary Jones is prosecuting the case.
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Houston Man Appears in New Mexico Federal CourtRead the Press Release
ALBUQUERQUE – Alek Isaiah Collins, 26, appeared before a federal judge in Albuquerque this morning for arraignment on an indictment charging him with kidnapping of a minor and discharging a firearm in furtherance of a crime of violence in connection with the double homicide of two female victims in Clovis, New Mexico. Collins was detained pending trial, which has not yet been scheduled.
According to publicly available court documents, on May 3, 2024, two women were found dead, and a child wounded at a park in Clovis, New Mexico, with a 10-month-old baby missing. One of the homicide victims was the mother of the two young children.
Evidence linked a maroon Honda rented by Collins to the scene. Collins was tracked to Abilene, Texas, where he carjacked an Uber driver. Police pursued and arrested Collins, safely recovering the child.
Collins has no relation to the child and does not have legal custody of the child.
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 New Mexico State Police, Clovis Police Department, Abilene Texas Police Department Narcotics Unit, Curry County Sheriff’s Office, Roosevelt County Sheriff’s Office, Roswell Police Department, Portales Police Department, the Ninth Judicial District Attorney’s Office, FBI Dallas Field Office, FBI Amarillo Resident Agency and FBI Abilene Resident Agency. Assistant United States Attorneys Jaymie L. Roybal and Joseph Spindle 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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Farmington Couple Charged with AssaultRead the Press Release
ALBUQUERQUE – A Farmington couple was charged by indictment with assault charges, including using teeth as a dangerous weapon during an alleged attack on three of their daughters.
Renauldo Sandoval, 39, and Lisa Sandoval, 39, both enrolled members of the Navajo Nation, appeared before a federal judge this week. Lisa will remain in third-party custody and Renauldo will remain in custody pending trial, which has not been scheduled.
According to the indictment, or July 28, 2023, the defendants assaulted Jane Doe 1, and the assault resulted in serious bodily injury. Renauldo additionally assaulted Jane Doe 2, after having been convicted in state court of two prior domestic assaults. In addition, Lisa assaulted Jane Doe 3 with a dangerous weapon, specifically her teeth, with the intent to cause bodily harm.
If convicted, Renauldo and Lisa both face up to 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 Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. 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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Albuquerque Man Pleads Guilty to Drunk Driving Crash Causing Serious InjuriesRead the Press Release
ALBUQUERQUE – An Albuquerque man has pleaded guilty in federal court to assault charges stemming from a drunk driving crash on Santa Ana Pueblo in 2021 that left the other driver seriously injured.
In his plea agreement, Lionel Medina, 29, an enrolled member of the Zia Pueblo, admitted that on December 1, 2021, he drove while under the influence of alcohol. Medina was driving recklessly and crashed into a vehicle driven by Jane Doe.
As a result, Jane Doe suffered fractures to her spine, sternum, arm, leg, and foot.
The Court ordered that Medina remain on conditions of release pending sentencing, which has not been scheduled.
At sentencing, Medina faces up to 10 years in prison. Upon his release from prison, Medina 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 Santa Ana Police Department and Sandoval County Sheriff’s department. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.
View the Plea Agreement# # #
Habitual Offender Sentenced for Domestic ViolenceRead the Press Release
ALBUQUERQUE – A Dulce man was sentenced to 46 months in prison after pleading guilty to domestic assault by a habitual offender and assault by an intimate partner by strangling, suffocating or attempting to strangle or suffocate.
There is no parole in the federal system.
According to court documents, on December 26, 2021, Matthew Vicenti, 34, an enrolled member of the Jicarilla Apache Tribe, assaulted the mother of his two children over two days at his Dulce home on the Jicarilla Apache Reservation. Vicenti slapped, pushed, punched and strangled the victim, breaking her phone and taking her shoes to prevent her from leaving. When police arrived, Vicenti turned off lights, cut the WiFi and covered the victim's mouth, and choked her, causing bruising to her throat. Vicenti was on probation at the time and was concerned about getting in trouble.
After completing his term of imprisonment, Vicenti will be required to serve three years of supervised release.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Jicarilla Apache Police Department investigated this case. Assistant United States Attorney Kimberly Bell is prosecuting the case.
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Gallup Man Charged in Gallup Shooting over Barking DogsRead the Press Release
ALBUQUERQUE – A Gallup man was charged by criminal complaint in connection with a shooting incident that occurred during a confrontation over barking dogs.
Harley Davidson Joe, 38, an enrolled member of the Navajo Nation, appeared before a federal judge today and was released pending trial.
According to the criminal complaint, on May 11, 2024, three individuals were walking their dogs in Gallup when Joe drove past them in a truck. The dogs began barking at the truck but did not go towards the vehicle. Joe stopped and exited the vehicle and confronted the group about their dogs barking.
An argument ensued, during which Joe brandished a handgun. John Doe 1 saw Joe firing shots towards him and returned fire in self-defense, firing approximately ten rounds until his firearm was empty. Joe then entered his truck and drove away. John Doe 1, and the two other individuals ran back to their residence.
Joe later called for an ambulance, claiming he had been shot by an unknown person. Medical personnel found Joe at a residence in Gallup and determined that he had suffered a gunshot wound to the abdomen. He was transported to the Gallup Indian Medical Center where he was treated.
At Joe's residence, investigators found his green Dodge pickup with blood inside and a Glock 17 handgun, which Joe initially denied possessing. However, he later told agents that he retrieved the firearm from under the driver's seat after he had been shot and fired approximately five rounds towards two males who ran towards him.
If convicted of the current charges, Joe faces not less than ten years 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 Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant United States Attorney Caitlin L. Dillon is 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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Dulce Man Charged with Multiple Counts of Sexual Abuse of ChildrenRead the Press Release
ALBUQUERQUE – A Dulce man was charged by indictment with multiple counts of sexual abuse against two minors under the age of 12.
Herbert Ben, Jr., 54, an enrolled member of Jicarilla Apache, appeared before a federal judge today and will remain in custody pending trial, which has not been scheduled.
According to the indictment, between July 2018 and October 2020, Ben engaged in sexual acts with two children who had not attained the age of 12 years.
If convicted of the current charges, Ben faces not less than 30 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 with assistance from the Jicarilla Apache Police Department and Bloomfield Police Department. Assistant United States Attorneys Caitlin L. Dillon and Timothy Trembley 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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Arizona Man Sentenced for Brutal Assault on Former GirlfriendRead the Press Release
ALBUQUERQUE – A federal judge handed down a 20-month prison sentence to an Arizona man who pleaded guilty to an alcohol-fueled assault on his then-girlfriend that left her in need of extensive medical treatment.
There is no parole in the federal system.
According to publicly available court records, on November 3, 2022, Norbert Michael Tsosie, 31, an enrolled member of the Navajo Nation from Lukachukai, Arizona, assaulted his then girlfriend, Jane Doe, in Dulce, New Mexico. The couple had gotten into an argument earlier in the afternoon while shopping in Farmington. Although it seemed that they had resolved the argument, Tsosie suddenly and without warning became violent in the vehicle Jane Doe was driving. He punched the windshield and dashboard, kicked the window, then turned his attack on Jane Doe. He punched her face, kicked her with his boots, and choked her until she was nearly unconscious. Though she was injured, Jane Doe and Tsosie returned to Doe’s parents’ house.
The next day, Tsosie claimed not to remember what happened. Jane Doe told Tsosie that she wanted to end their relationship, then drove Tsosie around to try to find him a place to stay before she went to the emergency room at San Juan Regional Medical Center. Jane Doe suffered a concussion, cervical strain, ankle sprain, and facial contusion and required additional medical care in the weeks following due to the ongoing pain and injuries from the attack.
Upon his release from prison, Tsosie 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 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 U.S. Attorney Kimberly Bell is prosecuting the case.
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Window Rock Man Sentenced for Sexual AbuseRead the Press Release
ALBUQUERQUE – A Window Rock man was sentenced to three years in prison after pleading guilty to abusive sexual conduct that occurred 20 years prior.
There is no parole in the federal system.
According to court documents, in 2021, Jane Doe reported that Tom Tso, 85, an enrolled member of the Navajo Nation, had sexually abused her approximately 20 years earlier when she was between 15 and 17 years old while she was asleep at Tso's home. Jane Doe stated that she woke up to find Tso's hand inside her pants. She kicked him away, locked herself in the bathroom, and he tried to unlock the door to get to her before leaving.
The FBI interviewed Tso, a Navajo medicine man and Native American Church Road Man, in December 2021 and March 2022. Tso admitted to touching Doe inappropriately, but he denied penetrating her. He claimed that she had initiated sexual contact.
Jane Doe explained that the delay in reporting was due to fear, and that she reported these years later because, "There are children/women still in his reach" as a medicine man and road man.
After completing his term of imprisonment, Tso will be required to serve five 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 Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Alexander F. Flores is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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Laguna Man Pleads Guilty to Three Counts of Second-Degree MurderRead the Press Release
ALBUQUERQUE – A Laguna man has pleaded guilty in federal court to charges stemming from a fatal DWI crash on Laguna Pueblo in 2022 that killed three members of the same family.
In his plea agreement, Cody Allen Charlie, 37, an enrolled member of the Pueblo of Acoma, admitted that on August 7, 2022, he was driving drunk, traveling at 116 miles per hour while also using his cell phone when he crashed into another vehicle on Interstate 40, near mile marker 130.
The impact caused the other vehicle to veer off the interstate, onto the shoulder where it rolled over. All three occupants of that vehicle—identified as John Doe 1, John Doe 2, and Jane Doe—were killed in the crash.
Instead of rendering aide, Charlie fled the scene on foot.
The Court ordered that Charlie remain in custody pending sentencing, which has not been scheduled. At sentencing, Charlie faces between 10 and 20 years in prison. Upon his release from prison, Charlie will be subject to up to five 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 Laguna Police Department and New Mexico State Police. Assistant U.S. Attorneys Brittany DuChaussee and Zachary C. Jones are prosecuting the case.
View the Plea Agreement# # #
Fruitland Man Pleads Guilty to Charges Arising from Machete Attack on MotoristRead the Press Release
ALBUQUERQUE – A Fruitland man pleaded guilty in federal court to threatening a driver, brandishing a machete and hatchet, stealing her car, and leading police on a high-speed chase.
In his plea agreement, Brandon Barber, 38, an enrolled member of the Navajo Nation, admitted that on May 9, 2022, Jane Doe was driving her Jeep when his co-defendant, Lindsey Yazzie, threw a large rock at the windshield, forcing her to stop. Barber then attacked Jane Doe’s vehicle with a machete and hatchet, smashing the windshield and windows.
Barber and Yazzie then pulled Jane Doe from the vehicle, and Barber proceeded to steal Jane Doe's Jeep, briefly stopping to allow Yazzie to enter the vehicle as a passenger. As Barber drove away in the stolen Jeep, he saw Jane Doe standing in the roadway and accelerated the vehicle towards Jane Doe, who had to jump out of the way to avoid being struck.
When encountered by the Navajo Police Department, Barber led them on a high-speed chase until the police were forced to terminate the pursuit due to public safety risks.
The Court ordered that Barber remain in custody pending sentencing, which has not been scheduled.
At sentencing, Barber faces up to 15 years in prison. Upon his release from prison, Barber will be subject to up to three years of supervised release.
Lindsey Yazzie is currently scheduled to stand trial on July 8, 2024.
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 Navajo Department of Criminal Investigations. Assistant United States Attorney Robert James Booth II is prosecuting the case.
View the Plea Agreement# # #
Albuquerque Man Sentenced for Federal Firearms OffenseRead the Press Release
ALBUQUERQUE – An Albuquerque man was sentenced to 15 years in prison after pleading guilty to being a felon in possession of a firearm. This case was adopted from state prosecution in cooperation with the Second Judicial District Attorney’s Office.
According to court documents, on November 13, 2022, a husband and wife were waiting for food at a Church's Chicken drive-thru on Broadway Blvd SE. Joseph Dino Lopez, 59, approached their car, banged on the window, and yelled at them while appearing under the influence.
Surveillance footage shows Lopez retrieving a blue bag containing a shotgun and approaching the victims' parked car. After an altercation where the male victim pepper sprayed him, Lopez pulled out the shotgun, loaded it, and pointed it at the couple before they fled. Lopez briefly left the scene to wash the pepper spray out of his eyes, but returned, and APD arrested him as he exited the Church's Chicken restaurant. The loaded shotgun was recovered from the blue bag he had left behind, and additional ammunition was discovered in his shirt pocket.
At the time of the offense, Lopez had previously been convicted of a total of nine felonies.
After completing his term of imprisonment, Lopez will be required to serve 3 years of supervised release.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Bernalillo County District Attorney Sam Bregman made the announcement today.
The Albuquerque Police Department investigated this case with assistance from the FBI Albuquerque Field Office. Special Assistant U.S. Attorney Peter Haynes prosecuted the case as part of an agreement with the Second Judicial District Attorney’s Office.
Through the agreement, Assistant District Attorneys are designated Special Assistant United States Attorneys (SAUSAs) in the United States Attorney’s Office. The SAUSA from the Second Judicial District Attorney’s Office screens felony criminal complaints filed in Bernalillo County for federal criminal offenses, prioritizing federal charges against those who drive violence in the Albuquerque metropolitan area. Since 2020, the United States Attorney’s Office has reviewed almost 3,000 cases and has charged more than 300 criminal cases pursuant to this program.
The United States Attorney’s Office has similar agreements with the New Mexico Department of Justice and the First Judicial District Attorney’s Office and plans to expand the program throughout the state.
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Tohatchi Man Charged with Second Degree Murder and Federal Firearms OffensesRead the Press Release
ALBUQUERQUE – A Tohatchi man was charged by criminal complaint with second degree murder and using, carrying and brandishing a firearm during and in relation to a crime of violence for the fatal shooting of Jane Doe on the Navajo Reservation.
Augustus Benallie, 51, an enrolled member of the Navajo Nation, appeared before a federal judge today and was detained pending a detention hearing, which is scheduled for May 20, 2024.
According to the criminal complaint, on May 12, 2024, the Navajo Police Department received an emergency call regarding a shooting near Tohatchi, New Mexico, within the Navajo Nation. EMS responded to the coordinates the caller provided and found Jane Doe inside a residence with an apparent gunshot wound.
Medical personnel attempted to transport Jane Doe to a staging location for medivac to a trauma center, but Jane Doe died enroute.
Benallie was arrested on May 13, 2024, after stabbing himself with a kitchen knife.
If convicted of the current charges, Benallie 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 Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant United States Attorney Mia Ulibarri-Rubin is 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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Naschitti Man Sentenced for Kidnapping and Killing Gallup ManRead the Press Release
ALBUQUERQUE – A federal judge handed down a 30-year prison sentence to a Naschitti man who pleaded guilty to conspiring to kidnap a victim who was lured to a location in Gallup under the false pretense of a meeting a female. The victim was then beaten and stabbed to death.
There is no parole in the federal system.
According to publicly available court records, on September 16, 2021, Elias Viola, 32 years old, and his then-girlfriend, Shannon Etsitty, devised a plan to lure John Doe to a location under the guise of a meetup with Etsitty. Viola sent a text message from Etsitty’s phone propositioning John Doe, who agreed to meet.
Etsitty picked John Doe up from his residence and drove Doe to a location where Viola and a third man attacked Doe in the vehicle, beating Doe with baseball bat and stabbing him with a screwdriver. The group then hid John Doe’s body under nearby brush before returning hours later to move Doe to a field near Etsitty’s mother’s house.
On September 23, 2021, after a weeklong community search, John Doe’s body was found by an unrelated civilian. The Office of the Medical Investigator determined John Doe’s manner of death was homicide caused by multiple injuries.
Investigators reviewed John Doe’s text messages and determined Etsitty was the last person with whom Doe communicated. They also determined that shortly after those communications, she and Viola were involved in single-vehicle crash near John Doe’s apartment. However, the crash site was several miles from the location John Doe’s body was found. Investigators returned to the crash site and found one of Doe’s black shoes, which matched one found near Doe’s body.
Police executed search warrants for Etsitty and Viola’s cellphone and Facebook records. After reviewing messages and confirming Viola was in the area where John Doe’s missing shoe was found, police tried to find the vehicle involved in the crash. On November 16, 2021, the FBI located the car in a tow yard.
On November 30, 2021, the FBI executed a search warrant on the vehicle. The backseat was missing and the front-passenger seat, trunk, and the area beneath the backseat showed signs of blood staining. On April 1, 2022, FBI agents executed a search warrant at Viola’s home. Inside, agents located the missing backseat from the vehicle. Through forensic testing, agents determined blood on the backseat matched John Doe.
When Viola was interviewed by agents, he admitted to attacking John Doe. Viola pleaded guilty to conspiracy to commit kidnapping on September 18, 2023.
Upon his release from prison, Viola will be subject to five years of supervised release.
Etsitty also pled guilty to conspiring to kidnap John Doe. Her sentencing has not yet occurred.
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 Nation Police Department and the Navajo Department of Criminal Investigations, the Gallup Police Department and the McKinley County Sheriff’s Office. Assistant U.S. Attorney Zachary Jones is prosecuting the case.
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Farmington Man Sentenced for ArsonRead the Press Release
ALBUQUERQUE – A federal judge handed down an 8-month prison sentence to a Farmington man who pleaded guilty to burning down a residence in Two Grey Hills, New Mexico, which is within the exterior boundaries of the Navajo Nation.
There is no parole in the federal system.
According to publicly available court records, on Aug. 28, 2023, Ulrick Bruce Canyon, 41, an enrolled member of the Navajo Nation, started a fire at the residence by pouring lighter fluid in the bedrooms, lit the fire with a match and threw two propane tanks into the fire. Canyon then left the residence with a wheelbarrow full of his clothing, at which time he was intercepted by Navajo Nation Police officers.
When questioned by a Navajo Nation Criminal Investigator, Canyon admitted to using marijuana and meth. On the day of the incident, Canyon said that he had been hearing voices and they had told him to “put the house on fire.”
Upon his release from prison, Canyon 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 FBI Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations investigated this case. Assistant U.S. Attorney Matthew J. McGinley is prosecuting the case.
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Albuquerque Man Charged with Sexual Exploitation of ChildrenRead the Press Release
ALBUQUERQUE – An Albuquerque man was charged by criminal complaint with sexual exploitation of minors, including the production of child pornography. Authorities allege that Kevin Vallo, 39, lured three minor girls to his apartment through the messaging app "Telegram."
Vallo appeared before a federal judge on May 14, 2024, and was detained pending trial.
According to the criminal complaint, on March 20, 2024, detectives from the Bernalillo County Sheriff’s Office learned of a 15-year-old girl, Jane Doe 1, who had disclosed that she and her friends, Jane Doe 2 and Jane Doe 3, both 13-years-old, had sexual intercourse with an approximately 30-year-old man who they had met through the app “Telegram” at his apartment in Northeast Albuquerque.
Jane Doe 2 told detectives that the man initially claimed to be 16 years old and blocked her when she revealed her age as 13. However, a week later, he messaged her again with a different profile picture, persistently asking her to come to his house until she agreed, under the impression that it was just to "hang out," and brought Jane Doe 1 and Jane Doe 3 with her.
The man paid Jane Doe 1 and Jane Doe 2 for the acts they performed. After the victims left the apartment, the man sent Jane Doe 2 two videos through Telegram which contained child sexual abuse material.
Detectives identified Vallo's apartment based on the victims' descriptions, and the apartment complex management confirmed him as the resident. All three victims identified Vallo from a photo array using his driver's license photo. Vallo was detained at his workplace and claimed during an interview that he believed Jane Doe 2 was 18 years old. Vallo stated he did not have sex with Jane Doe 3 because he thought she looked underage. Detectives located four videos on Vallo’s phone which contained child sexual abuse material of Jane Doe 2.
If convicted of the current charges, Vallo faces between 15 and 30 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 Bernalillo County Sheriff’s Office investigated this case with assistance from the FBI Albuquerque Field Office. Assistant United States Attorney Jesse Pecoraro is prosecuting the case.
If you have reason to believe you or your child may be a victim of Vallo, or if you have information about this ongoing investigation, please call the FBI at (505) 889-1300 or submit their tips online at tips.fbi.gov.
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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Mescalero Man Pleads Guilty Domestic ViolenceRead the Press Release
ALBUQUERQUE - A Mescalero man pleaded guilty in federal court on May 7, 2024.
According to court records, Fulton C. Potter, 29, an enrolled member of the Mescalero Apache Tribe, pleaded guilty in federal court to assault of an intimate partner by strangling or suffocating.
In his plea agreement, Potter admitted that he strangled his wife, Jane Doe, on November 24, 2023.
The Court ordered that Potter remain in custody pending sentencing, which has not been scheduled. At sentencing, Potter faces up to 7 years in prison per the terms of the plea agreement.
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.
View the Plea Agreement# # #
Laguna Man Pleads Guilty to Domestic ViolenceRead the Press Release
ALBUQUERQUE – A Laguna man pleaded guilty in federal court to assault of an intimate partner by strangling and assault with a dangerous weapon.
In his plea agreement, Bret Anthony Vallo, 38, admitted that on May 30, 2019, he engaged in a verbal argument with Jane Doe that escalated into a physical altercation. Vallo approached Doe from behind, wrapped his arm around her neck, and strangled her until she lost consciousness.
Then, in July 2019, Vallo again engaged in a verbal dispute with Jane Doe that turned violent. This time, Vallo punched Doe in the face and struck her multiple times with a metal futon leg.
The Court ordered that Vallo remain on conditions of release pending sentencing, which has not been scheduled.
At sentencing, Vallo faces up to 10 years in prison. Upon his release from prison, Vallo 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 the case with the assistance of the Acoma Police Department. Assistant U.S. Attorney Robert James Booth II is prosecuting the case.
View the Plea Agreement# # #
Houston Man Charged in Connection to Kidnapping of 10-Month-Old Baby in Clovis, NMRead the Press Release
ALBUQUERQUE – A Houston man was charged by criminal complaint with interstate kidnapping of a child in connection with the double-murder of the girl's mother and another woman in Clovis, New Mexico.
Alek Isaiah Collins, 26, appeared before a federal judge in Abilene, Texas this morning on charges contained in a federal criminal complaint filed in New Mexico. Collins was detained and will remain in the custody of the United States Marshals Service pending his transfer to New Mexico for further proceedings.
According to the criminal complaint, on May 3, 2024, the bodies of two deceased adult females, Jane Doe 1 and Jane Doe 2, were discovered at Ned Houk Memorial Park in Clovis, New Mexico. Jane Doe 2’s 5-year-old daughter, Minor 1, was also found wounded at the scene and transported to the hospital for treatment.
Jane Doe 2’s 10-month-old daughter, Minor 2, was missing from the scene. Surveillance footage showed Minor 2 with her mother at a nearby Dollar General store just prior to the incident. Law enforcement issued an AMBER Alert for Minor 2.
Law enforcement recovered evidence at the scene, including 9mm handgun casings and a vehicle sideview mirror cover, indicating potential involvement of a maroon Honda. Witness accounts indicated a maroon/red colored sedan was at the park around the time of the incident.
Further investigation revealed that the maroon Honda with Texas license plate TTK3358 was rented by Collins through HyreCar, a peer-to-peer carsharing marketplace. GPS data from the vehicle showed it near the park around the estimated time of the double homicide.
Cell phone records and law enforcement searches linked Collins to a phone which was in the vicinity of the park during the incident. The vehicle was later located at a residence in Abilene, Texas, where it had been remotely disabled by the owner after Collins failed to return the rental on time.
While preparing to execute a search warrant at a residence, officers observed an Uber driver operating a Cadillac SUV arrive on the street. Collins exited the residence carrying Minor 2 and placed the child in the rear passenger seat of the SUV. Collins then proceeded to carjack the Uber driver at gunpoint, forcing the driver to exit the vehicle before driving away with the child.
Abilene Police Department's Narcotics Unit immediately pursued the Cadillac and were able to pin the vehicle, bringing it to a stop. Collins was promptly arrested and Minor 2 was recovered safely from the vehicle.
Collins has no relation to Minor 2 and does not have legal custody of the child.
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 New Mexico State Police, Clovis Police Department, Abilene Texas Police Department Narcotics Unit, Curry County Sheriff’s Office, Roosevelt County Sheriff’s Office, Roswell Police Department, Portales Police Department, the Ninth Judicial District Attorney’s Office, FBI Dallas Field Office, FBI Amarillo Resident Agency and FBI Abilene Resident Agency. Assistant United States Attorneys Jaymie L. Roybal and Joseph Spindle are prosecuting the case.
View the Criminal Complaint View the Rule 5 DocumentA 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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Justice Department and City of Albuquerque Seek Partial Termination of Consent Decree for Albuquerque Police Department After Consistent Policing Reform ProgressRead the Press Release
The Justice Department and the City of Albuquerque, 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 comes on the heels of the independent monitor’s 19th report, also filed today, which concluded that the city and APD have reached full compliance with 96% of the consent decree’s terms, the highest level of compliance APD has achieved to date.
The joint motion asks the court to terminate 93 provisions of the consent decree with which APD has been in full compliance for at least two years. The provisions cover a range of topics, including use of firearms, crowd control and incident management, use of force reporting and training, behavioral health training, reporting misconduct, on-body recording devices and community and problem-oriented policing.
“Our joint motion to terminate parts of this consent decree demonstrates that the Justice Department’s ultimate goal of ensuring constitutional and effective policing is closer to becoming a reality,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Albuquerque Police Department has shown that real progress is possible through consistent improvements in its policing over the last eight years, while also fulfilling its obligation to protect public safety. The Justice Department will continue working with police and city leaders and the community as they work to achieve full compliance with the remaining provisions of the consent decree. We will continue pushing for fair and constitutional policing in Albuquerque because residents deserve nothing less.”
“Meaningful change is always gradual,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “Partial termination is the natural next step after years of hard work from the City of Albuquerque and the brave men and women of the Albuquerque Police Department who chose service every single day. The goal of training wheels is to figure out how to ride without them, not how to install them permanently. My congratulations on this milestone; together, we will build the department that we deserve.”
APD has made substantial changes in reaching compliance with provisions of the consent decree the parties seek to terminate, including:
- APD has ensured that all officers are properly trained on using firearms and APD tracks all critical firearm discharges;
- Use of force is properly reported within APD and officers are required to record all use of force incidents;
- APD’s use of force training is based on constitutional principles and officers and supervisors receive necessary training on an annual basis;
- APD provides behavioral health and crisis intervention training to all new officers, as well as behavioral health training to all new telecommunicators, and ensures that existing officers and telecommunicators receive biannual behavioral health-related in-service training;
- APD and the Civilian Police Oversight Agency have ensured that there is an effective and efficient system in place to accept, classify and track civilian complaints of police misconduct;
- All new APD supervisors receive 40 hours of supervisory, management, leadership and command accountability training before assuming supervisory responsibility, followed by a minimum of 24 hours of annual management training;
- APD has fulfilled all requirements regarding on-body recording devices (OBRD), including implementing approved policy and training on OBRD, requiring that officers operate OBRDs according to policy and holding supervisors accountable for ensuring that officers use OBRDs as required by APD policy;
- APD has integrated community and problem-oriented policing principles into its operations, including its staffing allocations and deployment; and
- The city has established Community Policing Councils that facilitate communication and cooperation between APD and local community leaders to enable collaboration on addressing crime and safety issues.
The U.S. 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 the implementation of the consent decree is also available on the U.S. Attorney’s Office for the District of New Mexico’s website. If you believe your civil rights have been violated, please submit a complaint through our online portal.
Zuni Man Pleads Guilty to AssaultRead the Press Release
ALBUQUERQUE – A Zuni man pleaded guilty in federal court to assault with a dangerous weapon.
In his plea agreement, Brian Aragon, 35, an enrolled member of the Zuni Pueblo, admitted that on June 19, 2019, he beat Jane Doe with a candelabra. As a result of the assault, Jane Doe suffered bodily injury.
The Court ordered that Aragon remain in custody pending sentencing, which has not been scheduled. At sentencing, Aragon faces up to 10 years in prison. Upon his release from prison, Aragon 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 the case with the assistance of the Acoma Police Department. Assistant U.S. Attorneys Brittany DuChaussee and Alexander F. Flores are prosecuting the case.
View the Plea Agreement# # #
Violent Shooting Spree Leads to Arrest of Suspect in GallupRead the Press Release
ALBUQUERQUE – A man is facing federal charges for murder following a violent day-long crime spree in Gallup, New Mexico.
The criminal complaint alleges that on April 24, 2024, a family traveling south on U.S. Highway 491 reported to law enforcement that they had been followed, rear-ended, and shot at by someone sitting in the front passenger seat of a white SUV.
Further investigation revealed that earlier that day, Rydell Happy, 30, and two others had been involved in a separate shooting incident in Gallup, New Mexico, where a third individual was shot at Happy's direction.
After the shooting on the highway, the group continued driving south, and one of the vehicle's occupants, John Doe, began to argue with Happy. Happy then ordered the group to get out of the car, and once they had done so, he shot John Doe. Happy then grabbed a baseball bat and began hitting John Doe in the head. Happy and one of the others then dragged John Doe's body over the edge of a nearby cliff.
Following reports of the earlier shooting on Highway 491, officers from the Navajo Nation Police Department were on the lookout for a white SUV. Officers later observed a vehicle matching the description and pursued. The driver fled, but eventually crashed the SUV, and three individuals, including Happy, were apprehended.
Through follow-up investigation, investigators were able to find John Doe's body, which showed signs of severe head trauma.
If convicted of the current charges, Happy faces up to life in prison.
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 Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorney Eliot Neal is prosecuting the case.
This case is being prosecuted as part of the Department of Justice’s Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which aims to aid in the prevention and response to missing or murdered Indigenous people through the resolution of MMIP cases and communication, coordination, and collaboration with federal, Tribal, state, and local partners. The Department views this work as a priority for its law enforcement components. Through the MMIP Regional Outreach Program, a broad spectrum of stakeholders work together to identify MMIP cases and issues in Tribal communities and develop comprehensive solutions to address them. This prosecution upholds the Department’s mission to the unwavering pursuit of justice on behalf of Indigenous victims and their families.
View the Criminal ComplaintA 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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Rio Rancho Man Sentenced for Federal Firearms OffensesRead the Press Release
ALBUQUERQUE – A Rio Rancho man was sentenced to 10 years in prison after pleading guilty to carjacking and using, carrying and brandishing a firearm during and in relation to a crime of violence. This case was adopted from state prosecution in cooperation with the Second Judicial District Attorney’s Office.
According to court documents, in the early morning hours of January 6, 2021, Daniel Pacheco, 31, approached the victim, brandished a firearm, and struck her repeatedly. Pacheco stole the victim's purse and car keys before fleeing in her vehicle.
The victim’s car was equipped with a LoJack anti-theft GPS tracking device, allowing police to locate the vehicle at an apartment complex north of Old Town Albuquerque. When officers attempted to arrest Pacheco, he rammed police vehicles and fled on foot before being apprehended.
During the arrest, officers seized two loaded firearms, extra magazines, and various illegal drugs from Pacheco’s person. The victim positively identified Pacheco and the firearm used in the carjacking. Pacheco admitted to being present during the incident but denied brandishing a firearm.
After completing his term of imprisonment, Pacheco will be required to serve five years of supervised release.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Bernalillo County District Attorney Sam Bregman made the announcement today.
The New Mexico State Police investigated this case with assistance from the FBI Albuquerque Field Office and Albuquerque Police Department. Assistant U.S. Attorney Jack Burkhead and Special Assistant U.S. Attorney Peter Haynes prosecuted the case as part of an agreement with the Second Judicial District Attorney’s Office.
Through the agreement, Assistant District Attorneys are designated Special Assistant United States Attorneys (SAUSAs) in the United States Attorney’s Office. The SAUSA from the Second Judicial District Attorney’s Office screens felony criminal complaints filed in Bernalillo County for federal criminal offenses, prioritizing federal charges against those who drive violence in the Albuquerque metropolitan area. Since 2020, the United States Attorney’s Office has reviewed almost 3,000 cases and has charged more than 300 criminal cases pursuant to this program.
The United States Attorney’s Office has similar agreements with the New Mexico Department of Justice and the First Judicial District Attorney’s Office and plans to expand the program throughout the state.
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Contractors Agree to Pay $273,100 over Failure to Deliver Telescope to the Air ForceRead the Press Release
ALBUQUERQUE – The U.S. Department of Justice has reached a $273,100 settlement agreement with Hart Scientific Consulting International LLC (“Hart Scientific”) and Composite Mirror Applications, Inc. (“CMA”) over allegations of false claims related to the procurement of a telescope for the Air Force Research Laboratory (“AFRL”).
AFRL contracted with Hart Scientific to acquire the telescope for $250,000 as part of an ongoing research project coordinated through the Small Business Administration’s Small Business Innovation Research program. In turn, Hart Scientific contracted with CMA in December of 2015 to manufacture and deliver the telescope to AFRL. CMA commenced work on the telescope in January of 2016, and provided a 5-month timeline for delivery to the Government. AFRL paid the contractors the $250,000 total amount in monthly installments between January and June of 2016.
In April of 2017, months after the 5-month delivery timeline had passed, CMA continued to experience problems fabricating the telescope’s mirrors, and demanded an additional $13,200, above and beyond the $250,000 price tag agreed upon by the parties. AFRL provided the additional funds, but as the contract came to a close at the end of May 2017, the telescope was not ready for use by the Air Force and was not delivered or leased to the Air Force. Despite failing to deliver the telescope, Hart Scientific claimed in the contract’s final report that the telescope was “leased to the Air Force.”
The United States alleges that the contractors violated the False Claims Act by submitting demands for the monthly installment payments, despite knowing that the telescope would not be delivered in accordance with the applicable contract terms.
To resolve the allegations, Hart Scientific and CMA agreed to pay a total of $273,100 to the U.S. government, with Hart Scientific and CMA jointly responsible for $259,900 and CMA responsible for $13,200.
U.S. Attorney Alexander M.M. Uballez and the Department of the Air Force, Office of the Deputy General Counsel, made the announcement today.
The government’s investigations were led by Assistant United States Attorney Sean M. Cunniff and Auditor Julie Chappell and criminal investigators from the Air Force Office of Special Investigations, Office of Procurement Fraud Detachment 3.
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San Felipe Man Sentenced for Abusive Sexual Contact of a MinorRead the Press Release
ALBUQUERQUE – A federal judge handed down a 48-month prison sentence to a San Felipe man who was convicted by a federal jury of abusive sexual contact.
There is no parole in the federal system.
According to evidence presented at trial and other publicly available court records, between August 13, 2016, and February 13, 2017, Kyle Aguilar, while intoxicated, touched the victim's genitalia and breasts over her clothing. On one occasion, Aguilar unlocked the door to the room where the victim was watching a movie, came into the room, and began massaging the victim's back before touching her breasts and genitals over her clothes.
Upon his release from prison, Aguilar will be subject to 5 years of supervised release and must register as a sex offender.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Bureau of Indian Affairs investigated this case. Assistant United States Attorneys Nicholas J. Marshall and Mia Ulibarri-Rubin are prosecuting the case.
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Zuni Man Pleads Guilty to Federal Firearm OffenseRead the Press Release
ALBUQUERQUE – A Zuni man has pleaded guilty in federal court to being a convicted felon in possession of a firearm and ammunition. In his plea agreement, Daryl Jay Dickson, 38, admitted that as a previously convicted felon he knew he was not allowed to possess a firearm and ammunition. The handgun he possessed will also be forfeited to the United States government.
The Court ordered that Dickson remain on conditions of release pending sentencing, which has not been scheduled. At sentencing, Dickson faces between 27 and 33 months in prison. Upon his release from prison, Dickson will be subject to up to three years of supervised release.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Zuni Police Department investigated the case with the assistance of Zuni Fish and Wildlife and the Federal Bureau of Investigation. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.
View the Plea Agreement# # #
Gallup Man Sentenced for Sexual Abuse of MinorsRead the Press Release
ALBUQUERQUE – A Gallup man was sentenced to 10 years in prison followed by 10 years of supervised release for sexually abusing two minors.
There is no parole in the federal system.
According to court documents, between August 2012 and August 2013, Lathem Eskeets, 30, an enrolled member of the Navajo Nation, engaged in sexual acts with John Doe, who was older than 12, but younger than 16 at the time, and Jane Doe, who was younger than 12 at the time, while living at their mother’s residence near Church Rock, New Mexico.
Eskeets will be required to register as a sex offender upon his release from prison.
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 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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San Felipe Man Charged with Sexual AbuseRead the Press Release
ALBUQUERQUE – A San Felipe man was indicted for engaging in sexual acts and sexual contact with a child under the age of 12 years.
The indictment alleges that Vernon Chavez, 61, an enrolled member of the Pueblo of San Felipe, engaged in a sexual act with Jane Doe, a child who had not then attained the age of 12 years between May 2016 and September 2017, and engaged in sexual contact with Jane Doe between August 1 and August 15, 2022.
Chavez is charged with one count each of aggravated sexual abuse and abusive sexual contact A federal judge detained Chavez pending a detention hearing which is scheduled for Wednesday, May 8, 2024.
If convicted of the current charges, Chavez faces a minimum of 30 years and up to life in prison.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Bureau of Indian Affairs investigated the case. Assistant United States Attorney Jesse Pecoraro is prosecuting the case.
Read 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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Justice Department Strengthens Efforts, Builds Partnerships to Address the Crisis of Missing or Murdered Indigenous PersonsRead the Press Release
WASHINGTON – The Justice Department joins its partners across the federal government, as well as people throughout American Indian and Alaska Native communities, in recognizing May 5 as National Missing or Murdered Indigenous Persons (MMIP) Awareness Day.
In recognition of MMIP Awareness Day, Attorney General Merrick B. Garland highlighted ongoing efforts to tackle the MMIP and human trafficking crises in American Indian and Alaska Native communities, and other pressing public safety challenges, like the fentanyl crisis, in Tribal communities.
“There is still so much more to do in the face of persistently high levels of violence that Tribal communities have endured for generations, and that women and girls, particularly, have endured,” said Attorney General Merrick B. Garland. “In carrying out our work, we seek to honor those who are still missing, those who were stolen from their communities, and their loved ones who are left with unimaginable pain. Tribal communities deserve safety, and they deserve justice. This day challenges all of us at the Justice Department to double down on our efforts, and to be true partners with Tribal communities as we seek to end this crisis.”
“The loss of any one is a loss to us all,” said U.S. Attorney Alexander M.M. Uballez. “The Department of Justice is committed to bringing justice and answers to grieving Tribal communities. By listening to the needs of our Indigenous neighbors and taking concrete steps to address this crisis, from investigations and prosecutions to enhancing training and outreach, we will meet the case of each missing and murdered indigenous person with urgency, transparency, and coordination.”
“The FBI remains unwavering in our pledge to work with our law enforcement partners to address the violence that has disproportionately harmed Tribal communities and families,” said FBI Director Christopher Wray. “We will continue to prioritize our support of victims and will steadfastly pursue investigations into the crime impacting American Indian and Alaska Native communities.”
“DEA’s top priority is protecting all communities from deadly drugs, like fentanyl, and drug related violent crime,” said DEA Administrator Anne Milgram. “We know that no community has been spared from these deadly threats and we are committed to keeping Tribal communities safe.”
Justice Department Prioritization of MMIP Cases
Last July, the Justice Department announced the creation of the Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which permanently places 10 attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered Indigenous people. The five regions include the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions.
In the Southwest Region, MMIP AUSA Eliot Neal from District of New Mexico will join District of Arizona U.S. Attorney Gary Restaino, AUSA Kiyoko Patterson, and victim advocates from the U.S. Attorney’s Office in Arizona at MMIP Awareness events at the Arizona State Capitol in Phoenix.
The MMIP Regional Outreach Program prioritizes MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to U.S. Attorneys’ offices promoting public safety in Indian country. The program fulfills the Justice Department’s promise to dedicate new personnel to MMIP consistent with Executive Order 14053, Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and the Department’s Federal Law Enforcement Strategy to Prevent and respond to Violence Against American Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons issued in July 2022.
Not Invisible Act Commission Response
The Department’s work to respond to the MMIP crisis is a whole-of-department effort. In March, the Departments of Justice and the Interior released their joint response to the Not Invisible Act Commission’s recommendations on how to combat the missing or murdered Indigenous peoples (MMIP) and human trafficking crisis. The NIAC response, announced by Attorney General Garland during a visit to the Crow Nation, recognizes that more must be done across the federal government to resolve this longstanding crisis and support healing from the generational traumas that Indigenous peoples have endured throughout the history of the United States.
Addressing Violent Crime and the Fentanyl Crisis in Indian Country
As noted in the joint response to the NIAC, research suggests that certain public safety challenges faced by many American Indian and Alaska Native communities—including disproportionate violence against women, families, and children; substance abuse; drug trafficking; and labor and sex trafficking—can influence the rates of missing AI/AN persons.
Further, fentanyl poisoning and overdose deaths are the leading cause of opioid deaths throughout the United States, including Indian county, where drug-related overdose death rates for Native Americans exceeds the national rate.
Therefore, federal law enforcement components are ramping up efforts to forge stronger partnerships with federal and Tribal law enforcement partners to address violent crime and the fentanyl crisis, which exposes already vulnerable communities to greater harm. For instance:
Accessing Department of Justice Resources
Over the past year, the Department awarded $268 million in grants to help enhance Tribal justice systems and strengthen law enforcement responses. These awards have also gone toward improving the handling of child abuse cases, combating domestic and sexual violence, supporting Tribal youth programs, and strengthening victim services in Tribal communities.
For additional information about the Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website.
Click here for more information about reporting or identifying missing persons.
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Malachi Crockett Sentenced for Role in Violent Albuquerque Crime SpreeRead the Press Release
ALBUQUERQUE – Malachi Alan Crockett, 19, was sentenced to 6 years in prison for his role in a violent crime spree that terrorized Albuquerque residents in the Spring of 2023.
There is no parole in the federal system.
According to court documents, on March 21, 2023, the Albuquerque Police Department (APD) responded to a series of violent carjackings that occurred in Southwest Albuquerque.
The first incident occurred around 5:33 PM, when Jane Doe 1 was carjacked at gunpoint by three male suspects, including two juveniles and Crockett. The suspects fled in the victim's white Nissan Sentra.
Approximately 10 minutes later, a second carjacking was reported near Westgate Community Park. Crockett and his accomplices, carjacked Jane Doe 2 at gunpoint, taking her Chevrolet Traverse. During this incident, the suspects also fired multiple shots at a witness, causing her to crash her vehicle.
Minutes later, the group attempted to carjack a couple, Jane Doe 3 and John Doe 1, near Carlos Rey Elementary school, but the victims were able to drive away.
The final carjacking occurred around 6:00 PM, when the group robbed Jane Doe 4 of her red Chevrolet Spark at gunpoint.
APD officers later spotted the stolen Spark and initiated a pursuit, which ended in a crash. Four male suspects, including Crockett and three juveniles, fled the vehicle. Crockett and one of the juveniles were apprehended on scene.
Crockett was found to be in possession of a handgun with an extended magazine. The handgun was fitted with a machine conversion device, commonly called an auto sear or “switch.”
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 FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Natasha Moghadam prosecuted the case.
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Fruitland Man Sentenced for Brutal Assault on NeighborRead the Press Release
ALBUQUERQUE – A federal judge handed down a 12-month plus one day prison sentence to a Fruitland man for assaulting his neighbor after a long-simmering tension boiled over.
According to publicly available court records, June 27, 2021, Elijah Cudei Etsitty, 27, an enrolled member of the Navajo Nation, and his family got into a fistfight with their neighbor, Jane Doe’s husband. During the fight, the group pinned Jane Doe’s husband to the ground, where they continued to beat and choke him.
Seeing this, Jane Doe intervened to protect her husband. Etsitty slammed Jane Doe to the ground and struck her until she lost consciousness, causing head and facial injuries, including a skull fracture and resulting seizure activity.
There is no parole in the federal system. Upon his release from prison, Etsitty 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 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 Shiprock Police Department. Assistant United States Attorney Kimberly Bell is prosecuting the case.
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Federal Charges Filed Against Couple in Theft from Isleta Pueblo BusinessRead the Press Release
ALBUQUERQUE – A husband and wife face federal charges for allegedly working together to steal over $10,000 from a local business on the Isleta Pueblo in February 2023.
The indictment alleges that on February 4, 2023, Frank Joe Hernandez, 43, and his wife, Eva Ann Hernandez, 45, both of Los Lunas, traveled together to Chical Haystack and entered the business together. Eva walked to the cash register and remained near there to act as a lookout while Frank walked to the business office and stole approximately $10,410.30 in currency and a check from the business’ safe. Eva and Frank then left the business together.
Eva and Frank are both charged with one count each of conspiracy to commit larceny over $1,000 and larceny over $1,000. A federal judge detained Frank until trial. Eva was released with conditions, including that she does not enter the Isleta Pueblo.
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 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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Shiprock Woman Sentenced for Drunk Driving Crash that Killed GrandchildRead the Press Release
ALBUQUERQUE – A Shiprock woman was sentenced to five years in prison for a tragic rollover accident in Shiprock, New Mexico which resulted in the death of her young granddaughter and serious injuries to another.
There is no parole in the federal system.
According to court documents, on July 1, 2021, Evelyn Bustamante, 60, drove her grandchildren from Shiprock and Farmington. Neither of the children were properly restrained in seatbelts or car seats. Around 3:00 PM, Bustamante lost control of the vehicle, causing it to roll over and eject all three occupants.
First responders rushed the trio to the Northern Navajo Medical Center where Bustamante admitted to consuming alcohol and methamphetamine earlier that day. Toxicology tests confirmed the presence of these substances in her system.
Jane Doe 1 suffered severe head trauma and was placed on a ventilator at the University of New Mexico Hospital. After five days, she succumbed to her injuries. Jane Doe 2 sustained a skull fracture and subdural hemorrhage but has since recovered.
Bustamante suffered multiple injuries, including lacerations and fractures, and underwent reconstructive surgery on her hand.
Upon her release from prison, Bustamante 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, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and New Mexico State Police. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.
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Hobbs Man Arrested for Illegal Sale of Automatic Weapon Conversion Devices and SilencerRead the Press Release
ALBUQUERQUE – A Hobbs man was arrested for the illegal sale of automatic weapon conversion devices and a silencer after an undercover investigation by the Lea County Drug Task Force.
The criminal complaint alleges that undercover agents from the Lea County Drug Task Force purchased two Glock switches and one silencer from Tevon Wayne Davis Cobbs, 22, in the parking lot of his workplace in Hobbs, New Mexico.
During the transactions, Cobbs admitted to selling switches - devices that convert semi-automatic pistols into fully automatic "machineguns" - for the past 3-4 years. He offered to install the switches for the undercover agents and showed them videos of himself firing weapons with the illegal modifications.
During the transaction, Cobbs also offered to sell the agents a suppressor, stating he did not want to wait the typical 9-month wait time for legal ownership.
This was the second successful controlled purchase from Cobbs, following an initial sale of one switch on February 8, 2024.
Cobbs claimed to have a steady supply of the illegal devices, which he obtained from an unknown source.
The Lea County Drug Task Force is continuing its investigation into Cobbs' illegal firearms trafficking operation. Possession of Glock switches and unregistered suppressors are serious federal crimes that carry lengthy prison sentences.
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 is investigating this case with assistance from the Lea County Drug Task Force. Assistant United States Attorney Ry Ellison is prosecuting the case.
One (1) Glock switch with no markings, disassembled into three pieces.
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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US Attorney’s Office Charges Labar Tsethlikai for Murder of Navajo ManRead the Press Release
ALBUQUERQUE – A Zuni man made an initial appearance on his Indictment related to the murder of a member of the Navajo Nation and is considered the prime suspect in a series of crimes targeting Native American men in Gallup, Zuni, and Albuquerque. He will remain in custody pending his detention hearing and arraignment, which is set for May 1, 2024.
Labar Tsethlikai, 51, an enrolled member of the Zuni Pueblo, is charged with murdering John Doe on January 18, 2024. John Doe was found deceased the next morning in a remote area of the Zuni Reservation on Route 7, approximately 300 yards eastbound of State Highway 602.
Prior to the murder, John Doe was last seen along East Highway 66 in Gallup, New Mexico.
According to court records, Tsethlikai is linked to a string of murders, kidnappings, robberies, sexual abuses, and assaults, in both Indian Country and the Albuquerque Metropolitan Area between May 2023 and April 2024. Through the investigation, 10 other potential victims have been identified, with 7 crimes occurring within Indian Country, 1 crime involving the victim being transported from Indian Country to Albuquerque, and 3 crimes occurring in the Albuquerque area. One other victim is believed to have died after being kidnapped.
Investigators tied Tsethlikai to the crimes through a common modus operandi, victim statements, video surveillance, EBT records, DNA analysis, and advanced cellular phone tracking. This comprehensive evidence placed Tsethlikai at or around each victim, including John Doe, during the relevant time periods.
If convicted, Tsethlikai faces up to life 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 Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department’s Sex Crimes Unit and Air Support Unit. Assistant United States Attorneys Matthew J. McGinley, Mark A. Probasco, and Eliot Neal are prosecuting the case.
The FBI continues to investigate Tsethlikai’s involvement in crimes against other victims. If you have reason to believe you or someone you know may be a victim, or have information about Tsethlikai, please call the FBI at (505) 889-1300 or submit tips online at tips.fbi.gov.
Labar Tsethlikai is approximately 5’7” and weighs 180 pounds. He is heavyset, has short brown hair, brown eyes, and wears glasses. He sometimes wears a gold bracelet. He is from Zuni, but travels extensively around New Mexico, including Gallup, Albuquerque, and Santa Fe. He is believed to work in the Native American jewelry industry and may be a Zuni jewely artist.
Tsethlikai drives a gold/brown Chevy Silverado, single cab truck, with dual exhaust, bearing license plate number WNMU0043.
This case is part of the Department of Justice’s Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which aims to aid in the prevention and response to missing or murdered Indigenous people through the resolution of MMIP cases and communication, coordination, and collaboration with federal, Tribal, state, and local partners. The Department views this work as a priority for its law enforcement components. Through the MMIP Regional Outreach Program, a broad spectrum of stakeholders work together to identify MMIP cases and issues in Tribal communities and develop comprehensive solutions to address them. This prosecution upholds the Department’s mission to the unwavering pursuit of justice on behalf of Indigenous victims and their families.
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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Mescalero Man Pleads Guilty to AssaultRead the Press Release
ALBUQUERQUE – A Mescalero man, Lestat Cree Valdez, 21, pleaded guilty in federal court to charges arising from the stabbing of an enrolled member of the Mescalero Apache Tribe.
According to court records, on May 18, 2023, Valdez assaulted Jane Doe, an enrolled member of the Mescalero Apache tribe by straddling her and stabbing her repeatedly in the head, face, and chest with a knife, causing Jane Doe to suffer serious bodily injury.
At sentencing, Valdez faces 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 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 Attorneys Joni Autrey Stahl and Eliot Neal are prosecuting the case.
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Man Charged with Murder on Taos PuebloRead the Press Release
ALBUQUERQUE – A man is facing federal charges for allegedly murdering his former roommate.
Zebadiah Romero, 35, a non-Indian, appeared in federal court for an initial appearance where the Court temporarily detained him pending a detention hearing, which is scheduled for April 25, 2024.
Court documents alleges that on October 30, 2023, Romero shot and killed John Doe, an enrolled member of the Taos Pueblo, in his residence on the Taos Pueblo.
Romero is charged with first degree murder and using and carrying a firearm during and in relation to a crime of violence, discharging said firearm.
If convicted, Romero faces up to life in prison.
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 Santa Fe Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Taos Pueblo Department of Safety and the Albuquerque Police Department. Assistant United States Attorneys Jesse Pecoraro and Mark Probasco 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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Las Cruces Man Guilty of Possessing Unregistered Short-Barreled Rifle and Illegally Receiving Ammunition While Under IndictmentRead the Press Release
ALBUQUERQUE – A Las Cruces man was convicted by a federal jury of federal firearms and ammunition offenses including possession of a short-barreled AR-15.
According to court documents and evidence presented at trial, on September 2, 2022, in connection with a homicide investigation, search warrants were executed by the Dona Ana County Sheriff’s Office on a residence Delbert Tyler Trevino, 32, was house sitting and a truck he had driven during that time. During the search, law enforcement officers recovered a short-barreled American Tactical, model Omni Hybrid, multicaliber rifle in the closet of the spare bedroom where Trevino was staying at the time.
It was later determined that the barrel of said rifle was approximately ten inches in length and that the rifle was not registered in the National Firearms Registration and Transfer Record.
Prior to possessing the unregistered short-barreled rifle, Trevino was under indictment for three felony crimes in El Paso County, Texas. While under indictment, Trevino illegally purchased, and therefore received, 5.56mm and 9mm ammunition from Sportsman’s Warehouse in Las Cruces, New Mexico, on two separate occasions in July and August of 2022. During the execution of the search warrants on September 2, 2022, 5.56mm and 9mm ammunition matching the description of the ammunition Trevino purchased from Sportsman’s Warehouse were recovered from Trevino’s bedroom. Spent 9mm casings were also recovered from the property and the truck Trevino was driving.
The Court ordered that Trevino remain in detention pending sentencing, which has not been scheduled. At sentencing, Trevino faces up to ten years in prison for the short-barreled rifle charge and up to five years in prison for each of the illegal receipt of ammunition charges. Trevino is subject to up to three years of supervised released following his term of imprisonment.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Glen Henderson, Inspector in Charge of the Phoenix Division of the Postal Inspection Service, made the announcement today.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Doña Ana County Sheriff’s Office and the Las Cruces Police Department. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.
The homicide investigation remains pending. If you have any information relating to this matter or other crimes committed by Trevino, please contact the Bureau of Alcohol, Tobacco, Firearms and Explosives at 1-888-ATF-TIPS or [email protected].
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Former New Mexico Sheriff’s Office Deputy Pleads Guilty to Violating Civil Rights of Arrestee and Obstruction of JusticeRead the Press Release
A former sheriff’s deputy, Michael A. Martinez, 34, pleaded guilty today to violating the civil rights of a female arrestee by sexually assaulting her inside his patrol car and to obstructing justice by attempting to destroy his patrol car’s WatchGuard DVR system, which had recorded footage from his patrol car’s internal cameras of the sexual assault.
“Police sexual violence targeting women in their custody are heinous crimes that have no place in our society,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant weaponized his authority, exploited the power of his badge, handcuffed the victim and assaulted her in the backseat of his vehicle. We cannot and must not normalize police sexual violence and exploitation. We encourage survivors to find the courage to come forward and report these crimes to the FBI. The Justice Department stands ready to use our federal civil rights laws to seek justice and restitution for survivors of sexual misconduct by law enforcement officers and others who abuse their authority.”
“Law enforcement officers serve the innocent and guilty alike” said U.S. Attorney Alexander M. M. Uballez for the District of New Mexico. “Being accused of a crime does not deprive you of the basic human right to dignity and respect. If you abuse your position of authority and betray the oath you swore to the public by sexually assaulting those in your charge, your badge will not shield you from justice.”
“Civil rights violations, particularly when they involve a member of law enforcement, are of tremendous concern,” said Special Agent in Charge Raul Bujanda of the FBI Albuquerque Field Office. “The entire law enforcement profession is tarnished when an officer betrays the oath to protect and serve. The FBI will vigorously investigate any officer or agent of the law who is breaking the rules that he or she is sworn to uphold or is violating the civil rights of others.”
According to the plea agreement, at the time of the offense, Martinez worked as sheriff’s deputy for the Doña Ana Sheriff’s Office in Doña Ana County, New Mexico. On April 30, 2023, Martinez responded to a car accident and placed the victim under arrest for driving while intoxicated and careless driving. Martinez transported the victim to a medical center and, after the victim received medical clearance, he handcuffed her hands behind her back and put her back inside his patrol car, where he began sexually assaulting her. Afterward, he transported her to the Doña Ana Detention Center.
Several hours later, Martinez attempted to physically destroy his patrol car’s WatchGuard DVR system, which is the patrol car’s internal video camera system that, among other things, records and stores footage from the patrol car’s backseat camera. Martinez, correctly, believed that the DVR system contained a video recording of him sexually assaulting the victim in the backseat of his patrol car and attempted to destroy and conceal that recording from any future investigation.
A sentencing hearing will be set at a later date. Martinez faces a maximum penalty of 10 years in prison and up to three years of supervised release. In addition, Martinez must pay restitution to the victim and, upon release, adhere to state and federal sex offender registration requirements. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Albuquerque Field Office, Las Cruces Resident Agency investigated the case, with assistance from the Doña Ana Sheriff’s Office and New Mexico State Police.
Assistant U.S. Attorney Matilda Villalobos for the District of New Mexico and Trial Attorney Laura Gilson of the Justice Department’s Civil Rights Division are prosecuting the case.
Albuquerque Woman Sentenced for Federal Drug Trafficking OffensesRead the Press Release
ALBUQUERQUE – An Albuquerque woman was sentenced to 63 months in prison for trafficking methamphetamine.
According to court documents, on October 17, 2017, law enforcement intercepted two vehicles transporting methamphetamine to Farmington, New Mexico. Melissa Redfearn-Martinez was driving one of them. Law enforcement officers conducted a K9 sniff and search both vehicles. Inside Redfearn’s vehicle, officers found 776.2 grams of methamphetamine.
After completing her term of imprisonment, Martinez will be required to serve three years of supervised release. There is no parole in the federal system.
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 investigated this case. Assistant United States Attorney Joseph Spindle is prosecuting the case.
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Albuquerque Woman Sentenced for Defrauding Jemez PuebloRead the Press Release
ALBUQUERQUE – An Albuquerque woman was sentenced to 12 months and one day in prison and ordered to pay restitution to the Pueblo of Jemez for stealing almost $400,000.00 to fund her gambling habit.
According to court documents, Beverly Scott, 48 worked as an Accounts Payable Clerk for the Pueblo of Jemez between 2014 and 2020. Part of Scott’s job was to generate checks to pay vendors for legitimate services rendered. Scott realized that she could go into the accounting system and change the name and address of any vendor with an outstanding invoice to her own name and address. She would then go back into the accounting system and change back the name and address of the vendor after a check had been issued.
In August 2020, a vendor called to inquire about an unpaid invoice while Scott was on leave. The invoice was investigated, and financial personnel discovered that a payment for that invoice had been issued, but that it had been made payable to Scott. Jemez Pueblo hired a forensic audit firm which identified 116 checks issued to Scott between June 2016 and July 2020 totaling $389,977.84. The firm also determined that a significant portion of the fraudulent payments came from the Indian Health Service funds.
Jemez Pueblo provided the audit reports to the FBI. During the subsequent federal investigation, agents interviewed Scott, who admitted to issuing the checks to herself and claimed that she had lost all the money at the Santa Ana Pueblo Casino and other area casinos.
Scott pled guilty to one count of federal program fraud on January 26, 2023.
After completing her term of imprisonment, Scott will be required to serve three years of supervised release. There is no parole in the federal system.
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 investigated this case. Assistant United States Attorney Sean J. Sullivan prosecuted the case.
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