District of New Mexico
Press releases recorded for this federal judicial district.
Mexican National Guilty of Federal Drug Trafficking and Firearm OffensesRead the Press Release
ALBUQUERQUE – A Mexican national was convicted by a federal jury of drug trafficking and firearms offenses after less than 22 minutes of deliberation.
According to court documents and evidence presented at trial, on February 22, 2022, Albuquerque Police Department Officers (APD) were dispatched to a stolen vehicle call in Southeast Albuquerque. Upon arrival, APD Officers observed three male subjects inside a parked pick-up truck matching the description given by the calling party. Octavio Jimenez-Marquez, 37, exited the front driver’s side of the vehicle and began to grab items from the bed of the truck. Officers gave commands for Jimenez to get on the ground and he complied.
After placing Jimenez under arrest, officers conducted an inventory search of the vehicle. During the inventory, officers located a large vacuum-sealed package containing 445 grams of methamphetamine and a stolen firearm underneath driver seat and an assault rifle up within arm’s reach of Jimenez. The truck also contained a Ziplock bag with 84 grams of methamphetamine.
Jimenez claimed that he had borrowed the truck from a friend but was unable to provide the friend’s name and did not know any further information about him. When asked about the firearms and drugs, Jimenez admitted there was a rifle inside the truck, but stated that the guns and drugs were not his.
Subsequent investigation uncovered evidence on Jimenez’s cell phones that was consistent with drug-trafficking activity and firearm possession. Investigators also learned that Jimenez was born in Mexico and never sought or obtained legal status in the United States.
On March 1, 2022, Jimenez was released to the third-party custody of the La Pasasda Halfway House pending trial. In July 2022, Jimenez absconded from supervision and a warrant was issued for his arrest. Jimenez was re-arrested in Albuquerque in December 2022.
The Court ordered that Jimenez remain in detention pending sentencing, which has not been scheduled. At sentencing, Jimenez faces a minimum of fifteen years and up to life in prison followed by five years of supervised release.
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 investigated this case with assistance from the Bernalillo County Sheriff’s Department, Albuquerque Police Department, Second Judicial District Attorney’s Office, U.S. Department of Homeland Security Immigration and Customs Enforcement, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Regional Computer Forensics Laboratory. Assistant U.S. Attorneys Louis Mattei and Elaine Y. Ramirez prosecuted the case.
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Final Defendant Arrested During 2023 Joint Enforcement Operation in Carlsbad Pleads Guilty to Federal Drug OffensesRead the Press Release
ALBUQUERQUE – The last of the eight defendants indicted following a joint law enforcement operation in Carlsbad last year pleaded guilty to federal drug offenses in federal court yesterday.
Jesus Alonso Cerezo-Espidio, 51, of Carlsbad, pleaded guilty to one count of conspiracy to distribute 5 grams and more of methamphetamine and conspiracy to distribute 500 grams and more of cocaine.
According to court records, on April 2, 2023, Cerezo-Espidio took possession of an ice chest which he knew to contain drugs from a co-conspirator in Mexico. Cerezo-Espidio was supposed to transport the drugs to Carlsbad, New Mexico, but not want to make the drive. Instead, Cerezo-Espidio left the ice chest in a car parked in El Paso, Texas overnight.
The following day, Cerezo-Espidio’s co-defendants, Kassandra Lee Perales and Carlos Venegas, Jr., arrived to pick up the ice chest and transport it to Carlsbad. Unbeknownst to them, law enforcement had seized the drugs overnight.
Lab tests later showed that the drugs in the ice chest were 1,974 net grams of cocaine and 501.4 net grams of pure methamphetamine.
Cerezo-Espidio will remain in custody pending sentencing, which has not been scheduled. At sentencing Cerezo-Espidio faces between five and 40 years in prison followed by a term of supervised release.
Venegas, Perales, Amber Owen, Kinny Gonzalez, Jared Michael Moore, Brian Kain Purdy and Sabino Alfonso Maldonado each pled guilty to federal drug charges and remain in custody pending sentencings, which have not been scheduled.
U.S. Attorney Alexander M.M. Uballez and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, made the announcement today.
The Drug Enforcement Administration investigated this case with assistance from Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pecos Valley Drug Task Force, with enforcement assistance from the United States Marshal Service, Carlsbad Police Department, Eddy County Sheriff’ Department, Roswell Police Department, Chaves County Drug Task Force, DEA Airwing and Customs and Border Patrol. The New Mexico Air National Guard’s Air Unit, Artesia Police Department and Customs and Border Patrol’s Air Unit provided support during the operation on August 1, 2023.
Assistant U.S. Attorneys Renee L. Camacho and Devon Aragon-Martinez are prosecuting the case.
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. The task force initiatives are also part of the New Mexico High Intensity Drug Trafficking Area program (HIDTA), a federal grant program that supports law enforcement efforts to combat the drug threat in the state.
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Santo Domingo Woman Sentenced for Assault on Federal OfficerRead the Press Release
ALBUQUERQUE – A Santo Domingo woman was sentenced to 17 months and 2 days in prison for assaulting a Bureau of Indian Affairs officer during a traffic stop.
According to court documents, on October 21, 2021, an officer from the Bureau of Indian Affairs executed a traffic stop on a car driven by Henryetta John, 31, for driving 15mph in a 45mph zone on the Pueblo of Santo Domingo. Initially, John sped up before eventually stopping. When the officer approached John, she observed her bloodshot eyes and that she had difficulty producing a driver’s license. John failed a subsequent field sobriety test and admitted to consuming alcohol.
The officer arrested John for driving under the influence. Initially, John complied, however when the officer attempted to place John in handcuffs, she slipped the handcuffs and physically assaulted the officer, causing them to roll down a hillside. The officer sustained multiple injuries as a result of the altercation.
When the officer separated from John, she climbed up the hill to her police vehicle and called for assistance while John fled. A K9 unit and other officers responded and pursued John. They found her hiding under a tree. John refused to respond to commands to come out from under the tree, so they attempted to use the police dog to retrieve her. John struck the police dog in the face. The K9 officer then put a cuff on John, and she tried to pull away and resist, but the officer and the police dog removed John from the tree and arrested her.
After completing her term of imprisonment, John 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 with assistance from the Bureau of Indian Affairs and the Sandoval County Sheriff’s Office. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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Fruitland Man Charged with Assault and Federal Firearms OffenseRead the Press Release
ALBUQUERQUE – A Fruitland man is facing federal charges following allegations that he and his brother instigated a confrontation at a residence which culminated in a standoff with law enforcement officers. Walliford Tso, 35, of Fruitland, and an enrolled member of the Navajo Nation, appeared in federal court for an initial appearance where the Court temporarily detained him pending a detention hearing, which is scheduled for April 17, 2024.
The criminal complaint alleges that on March 23, 2024, Tso and his brother, Justin Tso, went to Jane Doe’s home in Fruitland, New Mexico. Justin entered the home and asked Jane Doe for a cigarette. When she told Justin that she had no cigarettes, Justin took a machete that was lying near the front door without permission and walked away.
When Jane Doe’s significant other, John Doe 1, yelled after the brothers, a verbal altercation followed. After the exchange, the brothers chased John Doe into the house. As Jane Doe was locking the door behind him, the brothers kicked in the door, entered the home and assaulted John Doe.
John Doe was able to get away and exited the house with Jane Doe and their small child. Jane Doe and John Doe called 911 using their cellphone. A Navajo Police Department officer arrived during the incident and detained Tso’s brother before searching for Tso. The search led him to Tso’s parents’ house about 200 yards away. The officer went around to the back of the house and observed Tso hiding behind a structure with a rifle in his hands. Tso raised the rifle and pointed it at the officer, who took cover and gave Tso commands to drop the weapon. Tso eventually obeyed and was taken into custody.
Tso is charged with assault with a dangerous weapon, and using, carrying, and brandishing a firearm during and in relation to a crime of violence. If convicted of the current charges, Tso faces up to 17 years in prison followed by five years of supervised release.
U.S. Attorney Alexander M.M. Uballez, and Raul Bujanda, Special Agent in Charge of the 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 Meg Tomlinson 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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Thoreau Man Pleads Guilty to Assault Resulting in Serious Bodily InjuryRead the Press Release
ALBUQUERQUE – A Thoreau man pleaded guilty in federal court to charges arising from the shooting of his friend during a drunken argument.
Gerrick Mariano, 26 years old, an enrolled member of the Navajo Nation, pleaded guilty to assault resulting in serious bodily injury.
According to court records, on August 20, 2022, Mariano and his friend, John Doe, were drinking alcohol when they got into a verbal argument. Afterwards, Mariano pointed a rifle at John Doe’s chest; Doe pushed the barrel of the rifle away. The rifle accidentally discharged, and a bullet struck John Doe in his right shoulder.
John Doe had to be airlifted to a hospital for medical treatment and continues to experience limited use of his right shoulder.
At sentencing, Mariano faces up to 10 years in prison followed by three years of supervised release. He must also make restitution to Doe for expenses directly linked to his crime.
U.S. Attorney Alexander M.M. Uballez, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation, New Mexico State Police, and New Mexico Park Rangers. Assistant United States Attorney Zachary Jones is prosecuting the case.
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Former Private Prisoner Transport Officer Sentenced for Federal Civil Rights Offenses for Sexually Assaulting Multiple Female Pretrial DetaineesRead the Press Release
A former private prisoner transport officer, Marquet Johnson, 45, was sentenced to 30 years in prison and five years of supervised release and required to register as a sex offender under the Federal Sex Offender Registration and Notification Act for violating the civil rights of multiple female pretrial detainees by sexually assaulting them during prisoner transports.
“This sentence shines a light on the private prisoner transport industry that countless law enforcement agencies across this country rely on to transport people who are arrested on warrants outside their jurisdiction,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These private companies often operate in the shadows of our criminal justice system where some officers have seized the opportunity to physically and sexually abuse vulnerable victims in their custody. This sentence highlights the abuses of this industry, the bravery of the victims who came forward to report that abuse and our commitment to seeing justice done for these victims.”
“Criminal defendants have a right to be treated with dignity,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “As law enforcement officers, we are charged not only with protecting the public from harm but also with protecting the rights of suspects. If you abuse your position of authority to sexually assault those entrusted to your care, your badge will not shield you from justice.”
“Law enforcement officers and other officials receive certain powers from the government so they can defend the rights of the people and prevent wrongdoing,” said Special Agent in Charge Raul Bujanda of the FBI Albuquerque Field Office. “When individuals working in an official capacity violate the trust of their communities by abusing that power, they undermine the hard work of all officials. The despicable actions perpetuated by Johnson, against those he was entrusted to protect, have no place in society. When you break the trust you’re given as a member of law enforcement and ultimately break the law, there are consequences. Today’s sentence is a resounding reminder that the FBI is committed to restoring trust in law enforcement by holding those who abuse their privileges and abandon their responsibilities accountable. We encourage survivors to find the courage to come forward and report these crimes to the FBI. I commend the hard work of our agents, our law enforcement partners with the Bernalillo County Sheriff's Office and the U.S Attorney’s Office for the District of New Mexico with helping to bring justice to the victims in this case and holding Johnson to account for his crimes.”
According to court documents, at the time of the offense, Johnson worked as a prisoner transport officer for Inmate Services Corporation (ISC). As a prisoner transport officer, Johnson performed the government function of picking up individuals who were arrested on out-of-state warrants and transporting those individuals back to the jurisdictions that issued the warrants. On Nov. 4, 2019, Johnson and his transport partner picked up the victim, a female pretrial detainee, from a jail in Santa Fe, New Mexico, to transport her to Delta County, Colorado.
That same day, while still in New Mexico, Johnson’s transport partner stopped the transport van at a rest stop. As soon as Johnson’s transport partner walked away from the van, Johnson ordered the victim to move to the bench row in the back of the transport van, climbed into the back of the van, removed the victim’s ankle restraints and loosened her handcuffs. The victim told Johnson that she was unsure what was going on but said that she did not want “to do this.” In response, Johnson pulled out a firearm, and, resting the weapon on his lap, told the victim that he wanted her to cooperate with him, “otherwise, it was going to get ugly.”
Johnson then ordered the victim to partially remove her clothing and lay down on her back. The victim did so but again told Johnson she did not want to do this. In response, Johnson held the firearm against the victim’s cheek while raping her. Johnson admitted that the victim did not consent to any of the sexual conduct and that his conduct included the use of a dangerous weapon and aggravated sexual abuse.
Johnson also admitted that this was not the first or last female pretrial detainee who he sexually assaulted during an ISC prisoner transport. Johnson admitted that in July 2019, he transported another female pretrial detainee from Spencer, Indiana, to San Marcos, Texas. While en route to Texas, during a stop at ISC headquarters in West Memphis, Arkansas, Johnson forced the detainee to perform oral sex on him. Johnson admitted that this victim also did not consent to any of the sexual conduct and that his misconduct included aggravated sexual abuse.
Further, Johnson admitted that, in August 2019, he transported yet another female pretrial detainee from Baker County, Oregon, to Warrensburg, Missouri. While in Missouri, Johnson stopped the transport van at a hotel, where he proceeded to rape the victim. A short time later Johnson brought the female detainee back outside to the transport van and, after resuming the transport, forced the female detainee to perform oral sex on him. Johnson admitted that this victim also did not consent to any of the sexual conduct and that his misconduct included aggravated sexual abuse and kidnapping.
The FBI Albuquerque Field Office investigated the case, with assistance from the Bernalillo County, New Mexico, Sherriff’s Office.
Trial Attorney Laura Gilson of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Kimberly Brawley for the District of New Mexico prosecuted the case, with assistance from the U.S. Attorneys’ Offices for the Eastern District of Arkansas and Western District of Missouri.
Former Lobo Football Player Guilty of Robbing Postal CarrierRead the Press Release
ALBUQUERQUE – A former Lobo football player was convicted by a federal jury, after less than two hours of deliberation, robbing a postal carrier, stealing an arrow key belonging to the United States Postal Service, and being a prohibited person in possession of a firearm.
According to court documents and evidence presented at trial, on January 18, 2022, Rashawn Boyce, 28, of Albuquerque, and his co-defendant, Marquae Kirkendoll, 23, of Chicago, Illinois, approached a mail carrier while he was sitting in his truck near Louisiana and Central, pulled him out of his truck slammed him on the ground. The mail carrier testified that each suspect put a pistol to his head and demanded his keys. The mail carrier handed over his keys before a neighbor who witnessed the altercation intervened, but Boyce and Kirkendoll ran back to their car and took off.
The mail carrier was injured in the attack and feared for his life.
Following the attack, investigators from the U.S. Postal Inspectors Service received an anonymous tip leading them to Boyce. Investigators surveilled Boyce for several days while investigating him and eventually executed a search warrant on Boyce’s apartment. There they found the clothing Boyce could be seen wearing in video of the attack. A revolver, and two semiautomatic guns were seized.
During a subsequent interview, Boyce named Kirkendoll as his accomplice. Kirkendoll pled guilty in federal court to conspiracy and faces not more than 20 years in prison at sentencing.
The Court ordered that Boyce remain in detention pending sentencing, which has not been scheduled. At sentencing, Boyce faces up to ten years in prison followed by three years of supervised release.
There is no parole in the federal system.
Boyce is also under indictment for trafficking methamphetamine into the Cibola County Correctional Center in May 2022, while being held on the robbery case. The trial for those charges is scheduled for later this year.
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 United States Postal Inspection Service investigated this case with assistance from Homeland Security Investigations. Assistant U.S. Attorneys Letitia Carroll Simms and Joseph Spindle prosecuted the case.
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Carlsbad Man Sentenced for Federal Drug and Firearms OffensesRead the Press Release
ALBUQUERQUE – A Carlsbad man was sentenced to 240 months in prison after pleading guilty to two counts of possession with intent to distribute 50 grams and more of methamphetamine and one count of being a felon in possession of a firearm and ammunition.
Manuel Pineda Montoya, 44, was arrested during 2023 joint enforcement operation in Carlsbad, New Mexico which resulted in the arrest of 12 alleged drug and firearms traffickers.
According to court documents, in May of 2023, Montoya was pulled over in three separate traffic stops – two in Eddy County and one in Lincoln County. During the first incident, officers located 3.8 kilograms of fentanyl pills, over $11,000 in cash, and two loaded firearms in Montoya’s vehicle. As a previously convicted felon, Montoya knew that he was prohibited from possessing any firearms or ammunition.
During the next two incidents, officers found a total of 6,710 net grams of methamphetamine in Montoya’s vehicle. In his plea agreement, Montoya admitted that he intended to distribute the methamphetamine to others.
After completing his term of imprisonment, Montoya 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 Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, made the announcement today.
The Drug Enforcement Administration investigated this case with assistance from Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pecos Valley Drug Task Force, with enforcement assistance from the United States Marshal Service, Carlsbad Police Department, Eddy County Sheriff’ Department, Roswell Police Department, Chaves County Drug Task Force, DEA Airwing and Customs and Border Patrol.
Assistant U.S. Attorneys Renee L. Camacho and Devon Aragon-Martinez are prosecuting the case.
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. The task force initiatives are also part of the New Mexico High Intensity Drug Trafficking Area program (HIDTA), a federal grant program that supports law enforcement efforts to combat the drug threat in the state.
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Albuquerque Man Sentenced for Federal Firearms OffensesRead the Press Release
ALBUQUERQUE – An Albuquerque man was sentenced to 33 months in prison after pleading guilty to being a prohibited person in possession of a firearm and ammunition. This case was adopted from state prosecution in cooperation with the Second Judicial District Attorney’s Office.
According to court documents, on December 4, 2022, deputies from the Bernalillo County Sheriff’s Office responded to a residence in the South Valley in reference to a domestic violence incident. The victim told dispatchers that her boyfriend, Leon Ruben Salazar, 42, pointed a firearm at her during an argument. The victim stated that she had been holding her two-year-old child at the time.
Following a 12-hour standoff with law enforcement, Salazar was taken into custody and transported to BCSO’s prisoner transport center. While there, Salazar admitted to smoking fentanyl the prior day and that a rifle was under his bed.
Based on that information, BCSO deputies obtained a search warrant for the residence. Inside, detectives found two handguns, a rifle and ammunition. In addition to the firearms, detectives located three bags of fentanyl pills weighing a total of approximately 20.6 grams, Xanax pills weighing approximately 12.5 grams, a baggie of methamphetamine, 14 Suboxone strips, two Fentanyl patches, and drug paraphernalia.
As a previously convicted felon and an unlawful user of and addict to a controlled substance, Salazar was prohibited from possessing a firearm and ammunition. At sentencing, federal prosecutors successfully argued that Salazar’s conduct and criminal history warranted a sentence at the top end of his guideline sentence of 27 to 33 months.
After completing his term of imprisonment, Salazar 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 Bernalillo County District Attorney Sam Bregman made the announcement today.
The Bernalillo County Sheriff’s Office 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 every felony criminal complaint 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 343 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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South Carolina Man Indicted for Murder of NMSP OfficerRead the Press Release
ALBUQUERQUE – A federal grand jury returned an indictment yesterday charging Jaremy Smith with the murder of New Mexico State Police Officer Justin Hare. Smith, 33, of South Carolina, is scheduled to be arraigned on the charges April 18, 2024.
According to court documents, on March 15, 2024, Smith attempted to flag down passing motorists on Interstate 40 in Quay County, New Mexico, to assist with a flat tire. Smith had stolen the vehicle, a white BMW, from South Carolina on or about March 13, 2024, and drove it to New Mexico before it became disabled. NMSP Officer Justin Hare was dispatched to the scene to assist Smith. Upon Officer Hare’s arrival at approximately 5:04 a.m. that morning, Smith approached the passenger side of Officer Hare’s patrol vehicle where the two engaged in a short conversation. Smith then shot Officer Hare with a Taurus 9mm pistol that he had stolen from South Carolina.
Afterward, Smith walked to the driver’s side window and shot Officer Hare two additional times. Smith then entered Officer Hare’s patrol vehicle and drove it westbound Interstate 40 before taking the first exit. After driving some distance, Smith removed Officer Hare from the vehicle and then continued driving the patrol unit before eventually crashing it in Guadalupe County, New Mexico. Officer Hare succumbed to the injuries that Smith inflicted during the course of the carjacking and kidnapping.
The federal indictment charges Smith with carjacking resulting in death, causing death by the discharge of a firearm during and in relation to a crime of violence, kidnapping resulting in death, being a prohibited person in possession of a firearm, possession of a stolen firearm and interstate transport of a stolen vehicle.
If convicted of the current charges, Smith faces a mandatory life sentence or death for the kidnapping resulting in death charge, and any number of years up to life or death for the carjacking and discharge of a firearm offenses.
There is no parole in the federal system.
The FBI Albuquerque Field Office and New Mexico State Police investigated this case with assistance from the Tenth Judicial District Attorney’s Office and the Bernalillo County Sheriff’s Office. Assistant U.S. States Attorneys Paul Mysliwiec and Jack Burkhead are 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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Ohkay Owingeh Man Charged with AssaultRead the Press Release
ALBUQUERQUE – An Ohkay Owingeh man is facing federal charges for allegedly assaulting a victim with a firearm. Robert Abyeta, 50, an enrolled member of the Pueblo of Ohkay Owingeh, appeared in federal court for an initial appearance where the Court temporarily detained him pending a detention hearing, which is scheduled for April 15, 2024.
The indictment alleges that on June 28, 2023, Abeyta assaulted the victim with a firearm with the intent to cause bodily harm.
Abeyta is charged with assault with an assault resulting is serious bodily injury, assault with a dangerous weapon, and using and carrying a firearm during and in relation to a crime of violence, discharging said firearm.
If convicted, Abeyta faces up to life in prison.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Bureau of Indian Affairs investigated this case with assistance from the Ohkay Owingeh Police Department and Santa Clara Police Department. Assistant 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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Mescalero Man Sentenced for Domestic ViolenceRead the Press Release
ALBUQUERQUE – A Mescalero man was sentenced to 41 months in prison after pleading guilty to assault of an intimate partner resulting in substantial bodily injury.
According to court documents, on October 4, 2022, Jaydyn Diamond Lester, 20, an enrolled member of the Mescalero Apache Tribe, assaulted his intimate partner by shooting her repeatedly with a BB gun and then striking her in the head several times with the butt end of the BB gun when she tried to leave the residence.
As a result of the assault, the victim suffered bruising and a large eight-centimeter laceration to her head, requiring six staples to close.
After completing his term of imprisonment, Lester will be required to serve 2 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, made the announcement today.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Eliot Neal is prosecuting the case.
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La Jara Man Charged with Sexual AbuseRead the Press Release
ALBUQUERQUE – A La Jara man is facing federal charges following allegations that he engaged in sexual acts with two minors using force.
Ronald Mescal, a.k.a. “Ron Charlie,” 61, an enrolled member of the Navajo Nation, appeared in federal court today for arraignment on an indictment charging him with three counts of aggravated sexual abuse. Mescal will remain on conditions of release in the third-party custody of a halfway house pending trial, which has not yet been scheduled.
The indictment alleges that between July 1992 and August 1996, Mescal engaged in sexual acts with a victim under the age of 18 years by using force. Then, between September 2009 and September 2016, Mescal engaged in sexual acts with a victim who was under the age of 12 years.
If convicted, Mescal 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 Gallup 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, and the Bureau of Indian Affairs. Assistant United States Attorney Robert James Booth II is prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Fruitland Man Charged with AssaultRead the Press Release
ALBUQUERQUE – A Fruitland man is facing federal charges following allegations that he and his brother instigated a confrontation at a residence which culminated in a standoff with law enforcement officers. Justin Tso, 36, an enrolled member of the Navajo Nation, appeared in federal court for an initial appearance where the Court detained him pending a detention hearing, which has been scheduled for April 12, 2024.
The criminal complaint alleges that on March 23, 2024, Tso and his brother, Walliford Tso, went to Jane Doe’s home in Fruitland, New Mexico. Tso went into Jane Doe's home and asked for a cigarette. When she told him that she had no cigarettes, Tso took a machete that was lying near the front door without permission, then left.
Jane Doe’s significant other, John Doe 1, yelled after the brothers and a verbal altercation followed. After the exchange, the brothers chased John Doe 1 into the house and assaulted him. John Doe 1 was able to get away by slipping out of his shirt and exited the house with Jane Doe and their small child. The brothers followed and continued to assault John Doe 1. Jane Doe and John Doe called 911 using their cellphone. A Navajo Police Department officer arrived shortly after the incident and detained Tso.
Tso is charged with assault with a dangerous weapon and aiding and abetting. If convicted of the current charges, Tso faces up to 10 years in prison followed by five years of supervised release.
U.S. Attorney Alexander M.M. Uballez, and Raul Bujanda, Special Agent in Charge of the 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 Meg Tomlinson is prosecuting the case.
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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Dulce Man Sentenced for Domestic ViolenceRead the Press Release
ALBUQUERQUE – A Dulce man was sentenced to 54 months in prison after pleading guilty to assault of an intimate partner by strangling.
According to court documents, on or about July 8, 2022, Patrick Maestas, Jr., 34, an enrolled member of the Jicarilla Apache Nation, had consumed a large amount of alcohol when he and his intimate partner, Jane Doe, began to argue. The argument escalated and Maestas assaulted and strangled Jane Doe in front of their child. The strangulation was so forceful that Doe could not breathe and began to black out.
After completing his term of imprisonment, Maestas 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 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 Jicarilla Apache Police Department. Assistant United States Attorney Kimberly Bell is prosecuting the case.
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Albuquerque Man Sentenced for Federal Firearms OffensesRead the Press Release
ALBUQUERQUE – A federal judge sentenced an Albuquerque man to 36 months in prison for the illegal sale of firearms, including machineguns, and the illegal possession and transfer of machineguns. Some of these firearms ended up in the wrong hands.
Marquez Martinez, 24, came to the attention of the Albuquerque Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives on January 10, 2023, when a fifteen-year-old West Mesa High School student was found on campus with two firearms. One of the firearms was a Glock modified with machine gun conversion device also known as a “switch,” a device that converts ordinary handguns into fully automatic weapons and are by themselves considered machineguns under federal law. The possession of machineguns, but for narrow exceptions, is illegal under federal law. The Glock was traced back to Martinez. Martinez was further identified via his Instagram account where he advertised handguns and machineguns for sale.
Later, on March 2, 2023, a Texas State Ranger conducted a traffic stop on a vehicle occupied by an individual suspected of a homicide. Officers searched the vehicle and recovered a Glock which was modified with a switch. The Glock was traced back to Martinez.
Then, on March 8, 2023, the APD Gun Violence Suppression Unit stopped a vehicle in Albuquerque. Officers searched the vehicle and recovered a Glock. The Glock was traced back to Martinez.
In addition to the recovered firearms, between February and March of 2023, law enforcement purchased the following items from Martinez through his Instagram account:
- 4 machineguns
- 3 firearms
- 6 strips of LSD
- 500 fentanyl pills
On May 11, 2023, a search warrant was executed on Martinez’s residence. Inside, agents recovered a silencer, ammunition, and 13 additional firearms.
During a subsequent interview, Martinez admitted to buying and selling “hundreds” of firearms and at least fifty in the six months prior to his arrest.
Upon his release, Martinez will be subject to 36 months of supervised release. There is no parole in the federal system.
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 (ATF), made the announcement today.
This case was prosecuted, in part, under the new criminal provisions of the Bipartisan Safer Communities Act, which Congress enacted, and the President signed in June 2022. The Act is the first federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Patrick E. Cordova prosecuted the case.
Front of a machine gun conversion device
Back of a machine gun conversion device
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Mexican National, Arrested for Illegal Re-entry, to Serve 20 Years in Federal Prison Following New Mexico State Prison Sentence for Murder ConvictionRead the Press Release
SAN ANTONIO – A Mexican national was sentenced in a federal court in San Antonio to 240 months in prison for one count of illegal re-entry into the United States. The man was previously sentenced by a New Mexico state court for murder.
According to court documents, Luis Antonio Talamantes-Romero, 36, of Juarez, Chihuahua, Mexico, was arrested by an Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE-ERO) agent who learned Talamantes had illegally re-entered the U.S. after being deported multiple times. Talamantes pleaded guilty to the indicted offense in May 2020.
The following year, in June 2021, Talamantes was charged with murder in New Mexico state court. In the murder trial, an accomplice testified that he and Talamantes were breaking into cars in Albuquerque the night of Nov. 19, 2019, when they saw 55-year-old Jacqueline Vigil warming up her vehicle in her driveway. Talamantes said he wanted to rob her and shot Vigil in the head when she honked her car horn. The next day, Talamantes fled Albuquerque for San Antonio, where he would be arrested by ICE. The New Mexico jury found Talamantes guilty of murder and a variety of other offenses. He was sentenced to life in prison, plus 26.5 years to run consecutively.
Talamantes-Romero’s 20-year federal prison sentence will run consecutively to any time he serves in New Mexico. There is no parole in the federal system.
“This maximum prison sentence for Talamantes-Romero will prevent him from further violating our immigration laws and protects the public from his violent acts, which sadly included the senseless murder of an innocent woman,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I deeply appreciate the work of our partners at ICE to apprehend Talamantes and thank the U.S. Attorney’s Office for the District New Mexico for assisting with the prosecution.”
“We are one community, and the loss of one is a loss to us all,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “We will fight for justice for New Mexicans, no matter what the charge, no matter where we have to go. I thank the United States Attorney’s Office for the Western District of Texas for their support, and the brave men and women of the FBI and APD for never relenting in their search.”
“This reflects ERO’s ongoing efforts to increase public safety by removing criminals from our communities,” said Director Corey Price for the ERO San Antonio Field Office. “We will continue to identify, arrest and remove noncitizens who pose a threat to our nation.”
ICE-ERO investigated the case. The FBI Albuquerque Field Office provided valuable assistance in the prosecution, along with the Albuquerque Police Department.
Assistant U.S. Attorney William Calve for the Western District of Texas prosecuted the case along with Assistant U.S. Attorneys Fred J. Federici, Letitia Carroll Simms, Jack E. Burkhead, and James R.W. Braun for the District of New Mexico.
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Santa Fe Man Pleads Guilty to Two Counts of Assaulting a ChildRead the Press Release
ALBUQUERQUE – A Santa Fe man pleaded guilty in federal court to two counts of assaulting a child under the age of 16.
According to court documents, On June 19, 2021, Luis Xavier Rael, 36, was supervising his girlfriend’s 12-year-old son, who is a member of the Pueblo of Nambe. Rael made the child do a series of physical exercises, which he did not to complete to Rael’s satisfaction. Rael then hit the child with a tree branch and a belt on his butt, lower back, and upper legs.
At sentencing, Rael faces up to two years in prison. He may also be ordered to pay restitution to his victim for expenses related to the crime.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Bureau of Indian Affairs investigated this case with assistance from the Santa Clara Police Department. Assistant U.S. Attorney Zachary Jones is prosecuting the case.
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Mescalero Man Sentenced for Sexual Abuse of a MinorRead the Press Release
ALBUQUERQUE – A federal judge handed down a 15-year prison sentence to a Mescalero man for sexually abusing a 13-year-old child. At the time of the incident, Dexter Whiskers, 45, an enrolled member of the San Juan Southern Paiute Tribe, was employed by the Bureau of Indian Affairs as a corrections officer.
There is no parole in the federal system.
According to publicly available court records, in addition to the 13-year-old victim, Whiskers has been accused of physically and sexually abusing multiple women, including a minor who had been placed in foster care at his home, an inmate he was transporting for the Bureau of Indian Affairs, and women with whom he was in a relationship.
Upon his release from prison, Whiskers will be subject to 15 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 Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the New Mexico State Police and the full cooperation of the Bureau of Indian Affairs. Assistant United States Attorney Matilda McCarthy Villalobos is prosecuting the case.
Joint Operation Targets Las Cruces Based Drug Trafficking OrganizationRead the Press Release
ALBUQUERQUE – This week, agents from the FBI and the Las Cruces/Dona Ana County Metro Narcotics Agency executed search warrants at the Imperial Sky Motel on West Picacho Avenue and other locations throughout Las Cruces as part of an ongoing operation targeting a Las Cruces based drug trafficking organization. During the operation, agents seized fentanyl, methamphetamine, cocaine, and multiple stolen firearms.
The federal search warrants were conducted in conjunction with four other New Mexico state search warrants executed by the Dona Ana County Sheriff’s Office, Las Cruces Police Department, and New Mexico State Police at the Coachlight Motel Inn & RV on Motel Boulevard in Las Cruces. As a result of the operations, five people were arrested on state charges and one person was arrested on federal charges.
The search warrants were conducted as a follow-on operation after a similar joint operation occurred at motels located on West Picacho Avenue in March 2024.
U.S. Attorney Alexander M.M. Uballez, Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, and Chief Jeremy Story of the Las Cruces Police Department, announced the results of a coordinated enforcement operation in Las Cruces today.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case in collaboration with the Las Cruces Police Department. Assistant U.S. Attorney Maria Armijo is assisting with the investigation.
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Fruitland Man Pleads Guilty to Federal Firearms OffensesRead the Press Release
ALBUQUERQUE – A Fruitland man pleaded guilty in federal court to federal firearms offenses for opening fire on an occupied residence, then shooting at the occupants as they exited to investigate. Nathaniel Begay, 30, and an enrolled member of the Navajo Nation, pleaded guilty to one count each of assault with a dangerous weapon and using and carrying a firearm during and in relation to a crime of violence.
According to court records, on April 28, 2022, Begay, drove to a residence within the exterior boundaries of the Navajo Nation and fired upon the residence, which was occupied by three adult individuals and five children, with two handguns. After Begay shot at the residence, the occupants exited to investigate the succession of gunfire. Once they were outside the home, and while they were directly in front of him, Begay opened fire a second time, striking the residence while the occupants ran back inside.
At sentencing, Begay faces between seven and 10 years in prison followed by five years of supervised release.
U.S. Attorney Alexander M.M. Uballez, and Raul Bujanda, Special Agent in Charge of the 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 Matthew J. McGinley is prosecuting the case.
View the Plea Agreement# # #
Former El Paso Independent School District Employee Sentenced to 30 Years in PrisonRead the Press Release
ALBUQUERQUE – A federal judge handed down a 30-year prison sentence to a former El Paso Independent School District employee. Last year, Jeffrey Steven Clay, 51, of Anthony, New Mexico, was convicted at trial of one count each of kidnapping and transportation for illegal sexual activity.
There is no parole in the federal system.
According to publicly available court records, on August 4, 2021, Jane Doe was waiting at a bus stop in El Paso, Texas when Clay offered her a ride to her friend’s house. Jane Doe accepted the ride and, in return, put $10 in the car’s center console to pay for gas. Instead of taking her to her friend’s home, Clay kidnapped Jane Doe and took her to his house in Anthony, New Mexico where he handcuffed and violently raped her. During the rape, Clay told Jane Doe that she deserved it.
Afterward, Clay drove Jane Doe back to El Paso. When he stopped at a redlight, Jane Doe jumped out of the vehicle and ran inside a Circle K to ask for help. Based on Jane Doe’s Google timeline history and descriptions of Clay’s residence, investigators from the Dona Ana County Sheriff’s Office obtained a search warrant for his residence where they found evidence supporting Jane Doe’s description of events.
At the time, Clay was employed as the Executive Director of Analytics, Strategy, and Assessment and Public Education Information Management Systems for the El Paso Independent School District
At trial and at sentencing, another woman testified that Clay raped her numerous times when she was minor and when she was an adult, including while she was seven months pregnant. The woman initially reported the rapes when she was a child, but recanted after Clay threatened her.
Upon his release from prison, Clay will be subject to 10 years of supervised release and must register as a sex offender. Clay was also ordered to pay a $5,000 fine and a $5,000 special assessment under the Justice for Victims of Trafficking Act. Restitution to Jane Doe will be determine at a hearing in May.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Doña Ana County Sheriff’s Office, the El Paso Police Department, and the Third Judicial District of New Mexico District Attorney's Office. Assistant United States Attorneys Matilda McCarthy Villalobos and Ry Ellison prosecuted the case.
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Albuquerque Man Sentenced for Drug TraffickingRead the Press Release
ALBUQUERQUE – A federal judge handed down a 14-year prison sentence to an Albuquerque man who was caught with more than 19 pounds of fentanyl in a hotel room.
According to publicly available court records, on October 26, 2022, officers from the Bureau of Indian Affairs intercepted a load of fentanyl destined for Albuquerque during a routine traffic stop. The driver agreed to engage in a “controlled delivery” to an individual in a Walmart parking lot in Albuquerque. Law enforcement staged around the area and observed a vehicle driven by Eric Jaramillo, 33, arrive at the designated time. Before law enforcement could immobilize the vehicle, Jaramillo drove away. Law enforcement pursued Jaramillo, who jumped out of the vehicle and fled into a water diversion tunnel.
Agents from Homeland Security Investigations discovered Jaramillo had an outstanding warrant from Arizona, so they began scouring the city for him. Several weeks later, on November 14, 2022, agents located Jaramillo at a Best Western Hotel in Albuquerque. The following day, law enforcement staged around the area. When he exited his hotel room, Jaramillo attempted to flee, but was captured when he impaled his leg on a wrought iron fence. A subsequent search of his hotel room located 8.7 kilograms -- or 19.2 pounds – of fentanyl and two firearms.
Jaramillo pled guilty in federal court to possession with intent to distribute 400 grams and more of fentanyl. There is no parole in the federal system.
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 assistance from the Bureau of Indian Affairs, U.S. Immigration and Customs Enforcement and New Mexico State Police. Assistant United States Attorney Joseph M. Spindle prosecuted the case.
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Previously Convicted Felon Pleads Guilty to Violent Crime SpreeRead the Press Release
ALBUQUERQUE – A previously convicted felon pleaded guilty in federal court to charges arising from a violent crime spree over two months in 2021. Procopio Montoya Atkinson, 26, pleaded guilty in federal court to interference with commerce by robbery, using and carrying a firearm during and in relation to a crime of violence, assault upon a federal officer involving use of a deadly weapon, carjacking and being a felon in possession a firearm and ammunition.
According to court documents, on November 12, 2021, Atkinson robbed the Dollar General store at 201 Montano Rd NW. When the cashier opened the register, Atkinson tried to take money from the drawer, but the cashier closed the register drawer. Atkinson pulled out a firearm, discharged it into the ceiling, and demanded money. Another employee opened the register drawer and Atkinson took approximately $192.
On December 17, 2021, Atkinson forcibly assaulted a Task Force Officer with the United States Marshal Service who was attempting to arrest Atkinson on outstanding warrants. Atkinson saw the task force officer stopped on the side of a road and pointed a firearm at him as he passed by.
On December 20, 2021, Atkinson was being pursued by Belen police when he committed a carjacking. Atkinson ran out of gas and approached an occupied truck, pointed a firearm at the driver and told him to get out of the truck. During an ensuing struggle, Atkinson shot the driver. Atkinson got into the truck and tried to drive away but was blocked in by police.
In his plea agreement, Atkinson admitted that he knew that he was convicted of several felony offenses and therefore he could not legally possess a firearm or ammunition.
The Court ordered that Atkinson remain in detention pending sentencing, which has not been scheduled. At sentencing, Atkinson faces no less than 10 years and up to life in prison.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the United States Marshal Service, Belen Police Department, Bernalillo County Sheriff’s Office, Albuquerque Police Department, Rio Rancho Police Department and the New Mexico State Police. Assistant U.S. Attorney Timothy Trembley is prosecuting the case.
View the Plea Agreement# # #
Oregon Man Sentenced for Assaulting Passenger and Flight Crew MemberRead the Press Release
ALBUQUERQUE – An Oregon man pleaded guilty in federal court to assaulting a fellow passenger and flight crew member in 2021 on a Delta Airlines flight from Los Angeles to Nashville. Asiel Christian Norton, 46, of Salem, Oregon, pleaded guilty in federal court to two counts of simple assault and was sentenced to one year of probation.
According to court documents, on June 4, 2021, Norton was a passenger on Delta Airlines Flight 386. During the flight, Norton rushed to the front of the plane and assaulted another passenger by crashing into and injuring him. When a flight crew member tried to get Norton to return to his seat, Norton shoved him.
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 U.S. Attorney Jon Stanford is prosecuting the case.
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Three Defendants Arrested During 2023 Joint Enforcement Operation in Carlsbad Plead Guilty to Federal Drug OffensesRead the Press Release
ALBUQUERQUE – Three of the eight defendants indicted following a joint enforcement operation last year in Carlsbad, pleaded guilty in federal court to federal drug offenses.
Carlos Venegas, Jr., 24, of Carlsbad, pleaded guilty on March 4, 2024, to one count each of conspiracy to distribute 50 grams and more of methamphetamine, 400 grams and more of fentanyl, and 500 grams and more of cocaine, attempt to possess with intent to distribute 50 grams and more of methamphetamine, attempt to possess with intent to distribute 500 grams and more of cocaine, possession with intent to distribute 400 grams and more of fentanyl, and possession with intent to distribute 50 grams and more of methamphetamine.
Amber Owen, 51, of Carlsbad, pleaded guilty on March 12, 2024, to one count each of conspiracy to distribute 50 grams and more of methamphetamine and distribution of 50 grams and more of methamphetamine.
Kinny Gonzalez, 29, of Carlsbad, pleaded guilty on April 2, 2024, to conspiracy to distribute 50 grams and more of methamphetamine and 400 grams and more of fentanyl and more than 500 grams of a mixture and substance containing a detectable amount of cocaine, distribution of cocaine, conspiracy to smuggle goods from the united states, smuggling goods from the united states, attempt to smuggle a firearm and ammunition out of the united states to promote a drug trafficking offense, attempt to possess with intent to distribute 50 grams and more of methamphetamine, attempt to possess with intent to distribute 500 grams and more of cocaine, distribution of 400 grams and more of fentanyl and distribution of 50 grams and more of methamphetamine.
All 3 defendants will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Venegas, Owen, and Gonzalez on July 19, 2023, along with their co-defendants and Jesus Alonso Cerezo-Espidio, Kassandra Lee Perales, Jared Michael Moore, Brian Kain Purdy and Sabino Alfonso Maldonado. According to court records, on March 5, 2023, Gonzalez provided cocaine to Moore. Then, on March 8, 2023, Gonzalez agreed to send multiple firearms and a black jeep to an individual in Mexico. Gonzalez arranged for Purdy and Maldonado to pick up the black Jeep in Carlsbad so that it could be loaded with firearms to be illegally exported to Mexico. Purdy and Maldonado then turned over the Jeep to a person who had traveled to Carlsbad from Mexico for the purpose of picking up the firearms and transporting them back to Mexico. As the individual from Mexico began to drive back to Mexico with the firearms, he was stopped by law enforcement officer, and the firearms were seized.
On April 2, 2023, an individual crossed the border from Mexico into the United States with an ice chest containing 1,974 net grams of cocaine and 501.4 net grams of pure methamphetamine. The following day, April 3, Venegas and Kassandra Perales traveled from Carlsbad to El Paso to pick up the ice chest and deliver it Kinny Gonzalez in Carlsbad. Unbeknownst to them, law enforcement officials had already seized the methamphetamine and cocaine from the vehicle overnight. After learning that the drugs were no longer in the car vehicle, Venegas and Perales had several conversations with Kinny Gonzalez in Carlsbad to whom they were supposed to deliver the ice chest regarding what could have happened to the drugs.
The following week, on April 10, 2023, Owen provided Venegas and Perales with 893.3 net grams of pure methamphetamine and 657 net grams of fentanyl pills which they planned to take to North Dakota to sell before returning to Carlsbad to pay Owen. On April 11, 2023, Venegas and Perales left Carlsbad and were driving toward North Dakota with the 893.3 net grams of pure methamphetamine, 657 net grams of fentanyl pills and a loaded firearm when we were stopped in Chaves County by law enforcement officers who seized the drugs and firearm.
At sentencing, Venegas, Owen, and Gonzalez each face between 10 years and life in prison followed by a term of supervised release.
To date, four of the other eight defendants have pleaded guilty to federal drug offenses. Kassandra Lee Perales, Jared Michael Moore, Brian Kain Purdy and Sabino Alfonso Maldonado all remain in custody pending sentencing, which has not been scheduled. Jesus Alonso Cerezo-Espidio is currently scheduled to stand trial on May 6, 2024.
U.S. Attorney Alexander M.M. Uballez and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, made the announcement today.
The Drug Enforcement Administration investigated this case with assistance from Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pecos Valley Drug Task Force, with enforcement assistance from the United States Marshal Service, Carlsbad Police Department, Eddy County Sheriff’ Department, Roswell Police Department, Chaves County Drug Task Force, DEA Airwing and Customs and Border Patrol. The New Mexico Air National Guard’s Air Unit, Artesia Police Department and Customs and Border Patrol’s Air Unit provided support during the operation on August 1, 2023.
Assistant U.S. Attorneys Renee L. Camacho and Devon Aragon-Martinez are prosecuting the case.
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. The task force initiatives are also part of the New Mexico High Intensity Drug Trafficking Area program (HIDTA), a federal grant program that supports law enforcement efforts to combat the drug threat in the state.
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Shiprock Man Charged with Involuntary ManslaughterRead the Press Release
ALBUQUERQUE – A Shiprock man is facing federal charges for killing two people and seriously injuring a third in a head-on collision while driving under the influence of alcohol. Brian Gonnie, 44, an enrolled member of the Navajo Nation., is charged with two counts of involuntary manslaughter and one count of assault resulting in serious bodily injury.
The indictment alleges that on December 1, 2023, Gonnie operated a motor vehicle without due caution and with a wanton and reckless disregard for human life, resulting in the deaths of John Doe 1 and John Doe 2, and assault resulting in serious bodily injury of John Doe 3.
Gonnie appeared in federal court for an arraignment today and will remain on conditions of release pending trial. If convicted, Gonnie faces up to 10 years in prison.
U.S. Attorney Alexander M.M. Uballez, Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
This case is being investigated by the Farmington Resident Agency of the FBI Albuquerque Field Office with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations and the New Mexico State Police. Assistant United States Attorney Jesse Pecoraro is prosecuting the case.
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 Possession of Child PornRead the Press Release
ALBUQUERQUE – An Albuquerque man has pleaded guilty in federal court to possessing child pornography. In his plea agreement, William Dane Day, 59, admitted that he downloaded images and videos depicting minors engaging in sexually explicit conduct, including prepubescent minors.
The Court ordered that Day remain on condition of release pending sentencing, which has been scheduled for July 26, 2024. At sentencing, Day faces up to 60 months in prison for possession of child pornography involving a prepubescent minor or a minor who had not attained 12 years of age. Upon his release from prison, Day will be subject to not less than five years of supervised release and must register as a sex offender.
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, made the announcement today.
The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorneys Maria Elena Stiteler and Jesse Pecoraro are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.
View the Plea Agreement# # #
Zuni Man Sentenced to Prison for Sexual Contact of a MinorRead the Press Release
ALBUQUERQUE – A federal judge handed down an eight-year prison sentence to a Zuni man after he pleaded guilty to abusive sexual contact in Indian Country. Upon his release from prison, Phillip Edward Lahi, Sr., 72, an enrolled member of the Pueblo of Zuni, will be subject to five years of supervised release with standard sex-offender-specific conditions, and must register as a sex offender. Lahi, Sr. must also pay a fine of $83,400.00 to offset the costs associated with his incarceration and supervised release.
There is no parole in the federal system.
According to publicly available court records, between November and December of 2021, Lahi, Sr. engaged in sexual contact with Jane Doe, a child relative under the age of 12.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Brittany DuChaussee prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.
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New York Man Convicted of Bank FraudRead the Press Release
ALBUQUERQUE – A New York man was convicted by a federal jury after 39 minutes of deliberation of a bank fraud charge related to the brutal assault of his father-in-law. Prosecutors allege the crime was driven by the defendant, Marc Candelaria, 36, of Wantagh, New York, accruing mounting gambling debts at the time.
According to court documents and evidence presented at trial, in the early hours of Sept. 14, 2021, an armed and masked intruder entered Candelaria’s father-in-law’s home and forced him to write a check for $23,000.00 and demanded he leave all other portions of the check blank. The intruder then severely beat the victim and left him in the closet of his home. Candelaria’s father-in-law did not see the intruder’s face and retained little memory of the incident due to the severity of his injuries.
On Sept. 15, 2021, Wells Fargo bank alerted the victim’s wife to a possibly fraudulent check. The bank advised that a hold had been placed on the check due to what appeared to be two separate handwritings. The next day, she viewed the check and observed that it had been made out to Candelaria. Candelaria claimed that his father-in-law had given him the check because they intended to invest in Bitcoin together. The victim’s wife doubted Candelaria’s story but wrote him another check for $23,000.00.
The victim’s wife later informed the victim that she had written Candelaria a check to replace the first one. The victim denied agreeing to invest in Bitcoin or writing a check to Candelaria but recalled that he had been forced to write a check for $23,000.00 against his will during the home invasion. The victim’s wife contacted the Santa Fe Police Department and provided copies of the two checks made out to Candelaria.
A deposit slip for the check the victim wrote during the home invasion was found in Candelaria’s car pursuant to a state search warrant. The deposit slip showed that the check was deposited at 8:58AM on the morning of the home invasion.
The Court ordered that Candelaria remain in detention pending sentencing, which has not been scheduled. At sentencing, Candelaria faces up to 30 years in prison followed by five 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 FBI Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorneys Samuel A. Hurtado and Natasha Moghadam are prosecuting the case.
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Former State Representative and Friend Charged for Fraud SchemeRead the Press Release
ALBUQUERQUE – A former State Representative and her longtime friend are facing federal charges for long-term scheme to defraud the U.S. government. Sheryl Williams Stapleton, 66, of Albuquerque, and Joseph Johnson, 72, of Chantilly, Virginia, are schedule to appear in federal court for an initial appearance on April 9, 2024.
The indictment alleges that from about July 1, 2013, through June 30, 2020, Stapleton used her position at Albuquerque Public Schools (APS) as Director of the Perkins Project and Career and Technical Education (CTE) Coordinator to direct approximately 40% of APS’s non-personnel CTE funding to Robotics Management Learning Systems (Robotics), a company owned and operated by her close personal friend, Johnson, for use of and support for the CyberQuest software in APS classrooms.
Stapleton reviewed and approved Robotics’ invoices and directed other APS employees under her supervision to approve those invoices. APS then issued checks to Robotics and mailed them to a post office box in Albuquerque. At Johnson’s request, Stapleton personally retrieved the checks from the post office box and deposited them into the Robotics bank account. In return, Johnson provided blank checks for the Robotics business checking account.
Stapleton used the blank checks to write approximately 233 checks from Robotics for her own benefit, totaling approximately $1,152,506.00, or 35% of the funds APS paid to Robotics. Specifically:
- Stapleton wrote about 60 checks totaling about $286,772.20 from Robotics to S. Williams & Associates, a company Stapleton owned and controlled.
- Stapleton wrote about 56 checks totaling about $313,123.48 from Robotics to Taste of the Caribbean, an Albuquerque restaurant that Stapleton owned, and her family members operated.
- Stapleton wrote about 104 checks totaling about $479,960.86 from Robotics to Ujima Foundation, a nonprofit entity that Stapleton and Johnson operated and controlled together.
- Stapleton wrote about 11 checks totaling about $72,649.16 from Robotics to other parties providing goods and services to Stapleton, including for a remodeling of Stapleton’s house.
On March 26, 2024, a federal grand jury returned an indictment charging Stapleton and Johnson with one count of conspiracy to defraud the United States, 13 counts of mail fraud, one count of conspiracy to commit money laundering and five counts each of bribery concerning programs receiving federal funds.
Stapleton is additionally charged with one count of fraud and false statements and nine counts of money laundering.
“New Mexicans deserve public systems that serve them and public servants who are honest, effective, and worthy of our trust,” said U.S. Attorney Uballez. “Fraud against the government is just a fancy way to say that someone is stealing your hard-earned tax dollars. Public corruption is a fancy way of saying that they abuse your trust to do so. When public officials steal from our pockets and from our children, we will restore your faith in our public systems through vigorous investigation and zealous prosecution.”
“Rooting out public corruption remains one of IRS Criminal Investigation’s highest priorities,” said Carissa Messick, Acting Special Agent in Charge, IRS Criminal Investigation, Phoenix Field Office. “Today’s indictment underscores our commitment to work in a collaborative effort with our federal partners, promoting honest and ethical governing at all levels, and prosecuting those who allegedly violated the public’s trust.”
“This former lawmaker and educator along with her friend are charged with cheating the most innocent of victims – Albuquerque school children -- as well as America’s taxpayers whose hard-earned dollars fund vital education programs,” said Adam Shanedling, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Western Regional Office. “OIG Special Agents will continue to work with our law enforcement partners to aggressively pursue those who seek to enrich themselves at the expense of our nation’s students. America’s students, their families, and taxpayers deserve nothing less.”
“Violations of public trust by public officials, a position of trusted authority, is a true cancer to society. Our citizens have the right to expect that public officials conduct themselves in a fair, honest, and impartial manner. Standing in defiance of public corruption is a fundamental priority for the FBI," said FBI-Albuquerque Special Agent in Charge Raul Bujanda. "There is no level of acceptable corruption. We ask anyone with information regarding such matters to contact their nearest FBI field office or resident agency so that we can bring them to justice.”
If convicted, Stapleton and Johnson both face 20 years in prison followed by three years of supervised release.
U.S. Attorney Alexander M.M. Uballez, Carissa Messick, Acting Special Agent in Charge of IRS Criminal Investigation Phoenix Field Office, Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, and the U.S. Department of Education made the announcement today.
The IRS Criminal Investigation Phoenix Field Office investigated this case with assistance from the FBI Albuquerque Field Office and U.S. Department of Education - Office of Inspector General. Assistant U.S. Attorney Jeremy Peña 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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Farmington Man Charged with Sexual AbuseRead the Press Release
ALBUQUERQUE – A Farmington man faces federal charges for engaging in sexual acts with a child under the age of 16. Daniel Washburn, 29, and an enrolled member of the Navajo Nation, appeared in federal court for an initial appearance where the Court temporarily detained him pending a detention hearing, which is scheduled for April 1, 2024.
The indictment alleges that in February 2019, Washburn engaged in a sexual act with a victim who had not attained the age of 16 and was at least four years younger than Washburn.
Washburn is charged with sexual abuse of a minor. If convicted, Washburn faces up to 15 years 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, announced the charges 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 Mia Ulibarri-Rubin 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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Belen Man Pleads Guilty to Robbing Six BusinessesRead the Press Release
ALBUQUERQUE – A previously convicted felon pleaded guilty in federal court to committing armed robberies of six Albuquerque businesses over a span of six days in 2023. At the time of the offenses, the defendant was wanted for a violation of the terms of his federal supervised release.
Brandon Sanchez, 30, of Belen, pleaded guilty to six counts of interference with commerce by threats and violence by robbing six Albuquerque businesses:
- Jan. 4, 2023: Little Caesars at Montgomery and San Pedro.
- Jan. 4, 2023: Subway at San Mateo and McLeod.
- Jan 8, 2023: Little Caesars at Montano and Fourth Street.
- Jan 9, 2023: Starbucks at San Mateo and Pan American.
- Jan. 9, 2023: Big 5 Sporting Goods at Wyoming and Paseo.
- Jan 9, 2023: Domino’s at Holly and San Pedro.
At the time, Sanchez was on federal supervised release for a 2022 conviction for being a felon in possession of a firearm and ammunition, for which he served 27 months in prison.
The Court ordered that Sanchez remain in detention pending sentencing, which has not been scheduled. At sentencing, Sanchez faces up to 20 years in prison as to each count, 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, made the announcement today. The FBI Albuquerque Field Office investigated this case with assistance from the United States Marshals Service and Albuquerque Police Department. The United States Attorney’s Office for the District of New Mexico is prosecuting the case.
View the Plea Agreement# # #
Arizona Man Charged with Aggravated Sexual AbuseRead the Press Release
ALBUQUERQUE – An Arizona man faces federal charges for engaging in sexual acts with a child under the age of 12 over a seven-year period. Cedric Martinez, 30, of Round Rock, Arizona, and an enrolled member of the Navajo Nation, appeared in federal court for an initial appearance where the Court temporarily detained him pending a detention hearing, which is scheduled for March 27, 2024.
The indictment alleges that between May 2009 and May 2012, Martinez engaged in sexual acts with a child who had not yet reached the age of 12 years. It further alleges that between May 2012 and May 2016, Martinez engaged in sexual acts with a child who had attained the age of 12 years, but had not attained the age of 16, by using force, threats, and instilling fear.
Martinez is charged with five counts of aggravated sexual abuse. If convicted, Martinez faces a minimum sentence of 30 years 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, announced the charges 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 Attorneys Brittany DuChaussee and Meg Tomlinson are 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 Convicted of Federal Firearms OffenseRead the Press Release
ALBUQUERQUE – An Albuquerque man was convicted by a federal jury, after less than 40 minutes of deliberation, of a federal firearms offense after he shot his wife at her workplace.
According to court documents and evidence presented at trial, on Oct. 21, 2022, Maurice Lacey, 65, of Albuquerque, entered the employee breakroom at the Walmart Neighborhood Market located a 4700 Cutler Ave NE in Albuquerque and shot his wife in the back of the head. Lacey then walked to the customer service desk near the front of the store, tossed a black handgun on the counter, and said “I just shot my wife.”
Lacey had been previously convicted of seven felony offenses, including aggravated battery with a deadly weapon and trafficking controlled substances. The evidence presented at trial proved Lacey knew that he was a convicted felon and therefore he could not legally possess a firearm and ammunition.
The Court ordered that Lacey remain in detention pending sentencing, which has not been scheduled. At sentencing, Lacey faces up to 15 years in prison followed by 3 years of supervised release.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorneys Timothy Trembley and Patrick E. Cordova are prosecuting the case.
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Thoreau Woman Pleads Guilty to Second-Degree MurderRead the Press Release
ALBUQUERQUE – Second defendant pleads guilty to the brutal 2020 murder of a Gamerco, New Mexico woman. Stacey Yellowhorse, 53, of Thoreau, New Mexico pleaded guilty in federal court on Thursday to second degree murder.
Yellowhorse’s co-defendant, Timothy Chischilly, pleaded guilty in federal court to second-degree murder on Feb. 6, 2024.
According to court documents, on Jan. 23, 2020, Yellowhorse and her then boyfriend, Chischilly, invited Jane Doe over to their house in Mexican Springs, New Mexico. During the night, Yellowhorse and Chischilly restrained Jane Doe and bludgeoned her to death. Afterwards, Yellowhorse and Chischilly burned Jane Doe’s remains.
The Court ordered that Yellowhorse remain in detention pending sentencing, which has not been scheduled. At sentencing, Yellowhorse faces up to life in prison followed by five years of supervised release.
Per the terms of her plea agreement, Yellowhorse faces 10 to 20 years at sentencing.
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, 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 Gallup Police Department. Assistant U.S. Attorneys Kimberly Brawley and Tavo Hall are prosecuting the case.
View the Plea Agreement# # #
Albuquerque Man Sentenced for Maintaining a Drug-Involved Premises at MotelRead the Press Release
ALBUQUERQUE – A federal judge sentenced an Albuquerque man to 57 months in federal prison for maintaining a drug-involved premises in southeast Albuquerque. As the manager of the Best Choice Inn, Kamal Bhula, 44, of Albuquerque, profited from in a kickback scheme that required drug traffickers and users to pay a “visitor fee” if they wanted to use the motel as a sanctuary for illegal activity.
There is no parole in the federal system.
According to court records, Bhula acted as the on-site manager for the Best Choice Inn between March 2018 and June 2019 when law enforcement shut it down. As the manager, Bhula employed workers and rented rooms to individuals who he knew were using and selling controlled substances at the hotel. The Best Choice Inn was described as a “one-stop shop” in Southeast Albuquerque for criminal activity of all sorts. Consequently, between January 2018, and December 2018, there were approximately 195 calls for service to the Best Choice Inn.
Bhula pled guilty to maintaining a drug-involved premises on July 13, 2023.
Bhula’s co-defendants, Pragneshkumar Patel and Johnathan Craft, pled guilty for their parts in the scheme and were sentenced to 30 and 70 months in prison, respectively. Additionally, Patel was ordered to pay fines in the amount of $40,000 and $9,000 in restitution and ordered to forfeit the Best Choice Inn.
Bhula faces likely deportation to South Africa as a consequence of this conviction.
U.S. Attorney Alexander M.M. Uballez and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, made the announcement today.
The Drug Enforcement Administration investigated this case with assistance from the New Mexico Attorney General’s Office, the Albuquerque Police Department, the Federal Bureau of Investigation, the U.S. Marshals Service, the Bernalillo County Sheriff’s Office, New Mexico State Police and Homeland Security Investigations. Assistant United States Attorneys Letitia Carroll Simms and Jack E. Burkhead prosecuted the case.
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Additional Federal Charges Filed Against Solomon PeñaRead the Press Release
ALBUQUERQUE – A federal grand jury returned a superseding indictment yesterday bringing new charges against Solomon Peña for being a felon in possession of a firearm and ammunition and three counts of solicitation to commit a crime of violence. The original charges arise from shootings at the homes of four elected officials between Dec. 4, 2022, and Jan. 3, 2023.
The superseding indictment alleges that Peña solicited others to kill or attempt to kill a witness with the intent to prevent that witness’s attendance and testimony in an official proceeding. Additionally, Peña is charged with being a felon in possession of a firearm and ammunition.
Peña allegedly organized the shootings at the homes of two Bernalillo County commissioners and two New Mexico state legislators after his November 2022 electoral defeat. The shootings, one of which involved a machine gun, were carried out with assistance from co-defendants Demetrio Trujillo and his son, Jose Trujillo.
On Jan. 8, 2024, Jose Louise Trujillo pled guilty to conspiracy, interference with federally protected activities, using and carrying a firearm during and in relation to a crime of violence, discharging said firearm, and possession with intent to distribute fentanyl. Jose was detained pending sentencing, which is currently scheduled for May 22, 2024.
On Feb. 2, 2024, Demetrio Trujillo pled guilty to conspiracy, two counts of interference with federally protected activities, using and carrying a firearm during and in relation to a crime of violence, and discharging said firearm. Demetrio was detained pending sentencing, which is currently scheduled for Aug. 6, 2024.
If convicted of the new charges, Peña faces up to life in prison.
U.S. Attorney Alexander M.M. Uballez, Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The FBI and the Albuquerque Police Department investigated the case with assistance from the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico and Trial Attorney Ryan Crosswell of the Criminal Division’s Public Integrity Section are prosecuting the case.
View the Superseding 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 Sentenced for 2022 AssaultRead the Press Release
ALBUQUERQUE – A federal judge has handed down a 9-year prison sentence to a Mescalero man after he pleaded guilty to assault resulting in serious bodily injury in a case stemming from a brutal attack on the Mescalero Apache reservation in 2022. Upon his release from prison, Dennett Jerome Chee, 37, a member of the Mescalero Apache Tribe, will be subject to three years of supervised release.
There is no parole in the federal system.
According to publicly available court records, on May 20, 2022, John Doe was at a friend’s house on the Mescalero Apache reservation. Chee and another man arrived at the house later, and upon entering, they attacked John Doe, repeatedly striking him in the face and back. At some point during the assault, John Doe lost consciousness, and the attack ceased.
Upon regaining consciousness, John Doe walked back home, where his mother then called the police. He was taken via ambulance to the Lincoln County Medical Center and later transferred to the University Medical Center in El Paso, Texas, due to significant injuries. Doe remained hospitalized for nearly a week, recovering from injuries that included a bilateral orbital wall fracture, hemorrhaging in the left maxillary sinus and left ethmoid air cells, and a compression fracture of the T12 vertebrae.
Following the assault, police encountered Chee and the other man walking together along the road away from the residence. Chee was carrying a wooden object resembling a baseball bat. Upon making contact, the officer chased Chee, eventually apprehending him and taking him into custody.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office and the Bureau of Indian Affairs investigated this case. Assistant United States Attorney Eliot Neal is prosecuted the case.
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Woman Facing Federal Charges for Murdering Her Two Young SonsRead the Press Release
ALBUQUERQUE – A woman is facing federal charges for murdering her two young children on the Isleta Pueblo. Mariah Zuni, 32, of Isleta Village, appeared in federal court for an initial appearance today and will remain in temporary custody pending a detention hearing, which is scheduled for March 27, 2024.
The criminal complaint alleges that on March 21, 2024, Zuni used a bread knife to slit the throats of her 5-year-old son and 9-month-old son in their residence located on the Isleta Pueblo.
If convicted of the current charges, Zuni faces life in prison.
U.S. Attorney Alexander M.M. Uballez, Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
This case is being investigated by the FBI Albuquerque Field Office with assistance from the Isleta Police Department. 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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Albuquerque Man Sentenced for Tax EvasionRead the Press Release
ALBUQUERQUE – A federal judge sentenced an Albuquerque man to two years in federal prison for tax evasion. Arturo Archuleta, 50, of Albuquerque, paid approximately $140,000 in in outstanding tax obligations to the IRS prior to his sentencing hearing on March 22, 2024.
At the hearing, Archuleta was also ordered to pay approximately $90,000 in restitution to Medicaid for expenses covered by Medicaid during the period in which he was evading income tax. The judge also imposed a fine of $75,000 to offset the cost to the government of incarcerating and supervising Archuleta as a result of his criminal conviction.
Finally, the judge ordered Archuleta to perform 100 hours of community service after he is released from prison and to enroll in the New Mexico Gaming Control Board’s “self-exclusion” program, which will prohibit Archuleta from entering any gambling establishment in the state.
There is no parole in the federal system.
According to court records, between 2014 and 2018, Archuleta worked as the office manager for ABQ Injury Clinic, a chiropractic medicine practice in Albuquerque. During that time, Archuleta failed to report more than $200,000.00 in income to the IRS. In addition to his legitimate income, Archuleta diverted over $500,000.00 in payments made to ABQ Injury Clinic to a nominee bank account he controlled and did not report the additional income to the IRS.
On May 16, 2023, Archuleta pled guilty to tax evasion.
U.S. Attorney Alexander M.M. Uballez and Carissa Messick, Acting Special Agent in Charge of IRS Criminal Investigation Phoenix Field Office, made the announcement today.
IRS Criminal Investigation investigated this case with assistance from the FBI Albuquerque Field Office. Assistant United States Attorney Taylor F. Hartstein prosecuted the case.
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South Carolina Man Facing Federal Charges for Murder of NMSP OfficerRead the Press Release
ALBUQUERQUE – Jaremy Smith has been charged by federal prosecutors for the murder of New Mexico State Police Officer Justin Hare. Smith, 33, of South Carolina, made his initial appearance today in federal court, where a detention hearing was scheduled for March 26, 2024.
Charges were announced at a press conference today. U.S. Attorney Uballez and Attorney General Torrez were joined by New Mexico Department of Safety Cabinet Secretary Jason R. Bowie, New Mexico State Police Deputy Chief Carolyn Huynh and Deputy Chief Matt Broom, Bernalillo County Undersheriff Johan Jareno and 2nd Judicial District Attorney Sam Bregman.
“We are one community, and the loss of one is a loss to us all,” said U.S. Attorney Uballez. “Never forget that this tragedy was bookended by hope—by strangers doing the right thing for people they’ve never met. Thank you to New Mexico State Police, Quay County Sherriff’s Office, the Bernalillo County Sheriff’s Office, and all our local partners for their tireless work this week. Your partners in federal law enforcement stand with you today and always.”
"We stand side-by-side with our federal and law enforcement partners to bring the fullest measure of justice to Officer Hare and his family,” said AG Torrez. “We will commit every resource available to this prosecution and hold Mr. Jaremy Smith accountable for his reprehensible actions."
The federal criminal complaint charges Smith with carjacking resulting in death and discharge of a firearm during and in relation to a crime of violence. If convicted of the current charges, Smith faces a mandatory minimum of 10 years in federal prison for the firearms offense. The more-serious charge of carjacking resulting in death carries a maximum penalty of life imprisonment or death.
There is no parole in the federal system.
According to court documents, in the early morning of March 15, 2024, New Mexico State Police Officer Justin Hare stopped to assist a disabled motorist. The motorist (later identified as Smith) exited the driver’s side of the car and approached the passenger window of Hare’s patrol car. Hare did not exit the patrol vehicle as he talked to Smith. After a short discussion, Hare asked Smith to walk to the front of the patrol vehicle. Instead, Smith shot Hare, who slumped to the right in the driver’s seat.
Smith then moved to the driver’s side of the patrol vehicle and shot Hare two additional times. SMITH then drove away with Hare still inside the vehicle. At some point, the vehicles distress system was activated and in response backup units were activated. Responding officers subsequently located Hare’s patrol vehicle near mile marker 304 on the north frontage road of I-40. Hare was found nearby with multiple gunshot wounds to the head and neck. He was transported to a local hospital where he succumbed to his injuries.
Local and federal enforcement immediately launched a large, coordinated effort across multiple jurisdictions to locate Smith, and his name and photograph were widely disseminated by media news outlets.
On March 17, 2024, Smith went to a gas station in Albuquerque. The clerk checked Smith’s identification card and recognized the distinct spelling of his name. The clerk contacted law enforcement, and Bernalillo County Sheriff’s Office (BCSO) deputies and NMSP officers responded to the area to investigate.
Officers located Smith, and he attempted to flee on foot. BCSO deputies pursued Smith, who reached for his waistband as officers closed in. At that point, BCSO officers fired their duty weapons, striking Smith, who was subsequently taken into custody and rendered medical aid.
Officers later determined that Smith had stolen a white flat-bed truck from the area of Cuervo, New Mexico.
“I am grateful for all the assistance and support my agency has received from our local and federal law enforcement partners in bringing the man accused of killing Officer Justin Hare to justice”, said Troy Weisler, Chief of the New Mexico State Police. “With the help of the Albuquerque office of the FBI, the U.S. Attorney’s Office, and the Attorney General, we will work together to see this case through. Our hearts continue to go out to the family and friends of Officer Hare, and we hope that the capture and prosecution of Smith will bring them closer to peace and closure.”
The FBI Albuquerque Field Office and New Mexico State Police investigated this case with assistance from the Tenth Judicial District Attorney’s Office and the Bernalillo County Sheriff’s Office. Assistant U.S. States Attorneys Paul Mysliwiec and Jack Burkhead are prosecuting the case.
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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Navajo Nation Man Sentenced to Prison for Second-Degree MurderRead the Press Release
ALBUQUERQUE – A federal judge sentenced a man to federal prison for the December 2020 murder of his friend. Isaiah Augustine Bob, 39, an enrolled member of the Navajo Nation, was sentenced to 15 years in prison followed by five years of supervised release. Bob was also ordered to pay restitution to his victim’s family for funeral expenses, as well as for expenses his victim’s family incurred cleaning up the blood and damage to the victim’s home that resulted from his killing.
There is no parole in the federal system.
According to court documents, John Doe invited Bob, a lifelong family friend who was temporarily homeless, to reside with Doe in June 2020 at Doe’s residence in Church Rock, New Mexico. On December 4, 2020, Bob beat Doe to death following an argument at Doe’s home. Doe’s causes of death were determined to be blunt-force trauma to his head, torso, and extremities.
On March 10, 2023, Bob pled guilty to second-degree murder in Indian Country.
At sentencing, the federal judge found John Doe was a “vulnerable victim,” which means Doe was particularly susceptible to Bob’s criminal conduct and thus was in need of greater societal protection than the average citizen. This finding resulted in an upward adjustment to Bob’s sentencing-guideline level.
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 case was investigated by Gallup Resident Agency of the FBI’s Albuquerque Field Office with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorneys Alexander F. Flores and Zachary Jones prosecuted the case.
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Mexican National Sentenced for Drug TraffickingRead the Press Release
ALBUQUERQUE – A federal judge sentenced a Mexican national to five years in federal prison for trafficking marijuana into the United States. Carlos Arturo Quintana, 41, of Namiquipa, Chihuahua, Mexico, was identified as the Police Chief of Namiquipa, as well as the Namiquipa Plaza Boss for the Juarez Cartel, and extradited to the United States in August of 2022.
According to court records, in March 2011, a confidential informant (CI) ordered 600 kilograms of marijuana from Elmy Hermosillo Trujillo, a key figure in the Juarez Cartel, known for trafficking large quantities of drugs into the United States annually. The Juarez Cartel, one of Mexico's oldest and most influential criminal groups, had diversified into various illicit activities beyond drug trafficking, including human trafficking, arms trading, kidnapping, extortion, and large-scale fuel theft from the government.
On March 19, 2011, the CI met with Quintana, who arrived wearing a police uniform, driving a marked police vehicle, and was accompanied by other uniformed officers. Quintana and the other officers delivered the 600 kilograms of marijuana in a dump truck. The CI then placed a GPS tracking device with the marijuana.
By March 26, 2011, the tracker revealed the marijuana's location at a storage facility in Ciudad Juarez, Mexico, prompting a law enforcement raid resulting in arrests, a fatality, and the confiscation of drugs, firearms, and communication devices.
On January 18, 2024, Quintana pled guilty to conspiracy to distribute 100 kilograms and more of a mixture and substance containing a detectable amount of marijuana, intending and knowing that said controlled substance would be unlawfully imported into the United States. Today, Quintana was sentenced to a term of 60 months in prison followed by four years of supervised release and ordered to pay a $10,000 fine.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office investigated this case with assistance from the Drug Enforcement Administration and the Las Cruces-Doña Ana County Metro Narcotics Agency. The Justice Department’s Office of International Affairs provided significant assistance in securing the arrest and extradition of Quintana from Mexico. Assistant United States Attorneys Maria Y. Armijo and Randy M. Castellano are prosecuting the case.
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Hobbs Man Sentenced for Cyberstalking and Federal Firearms OffensesRead the Press Release
Albuquerque – A federal judge sentenced a Hobbs man to federal prison for cyberstalking Jane Doe and being a felon in possession of a firearm and ammunition which he used to shoot and murder her in 2022. Guadalupe Antonio Navarrete, 37, of Hobbs, New Mexico, was sentenced to 25 years in prison followed by 6 years of supervised release.
There is no parole in the federal system.
According to court documents, on Nov. 18, 2022, deputies from the Lea County Sheriff’s Department were dispatched to Navarrete’s residence in Hobbs following a report of an unwanted subject on the premises. Upon arrival, they discovered Jane Doe deceased from a gunshot wound to the temple in the driver’s seat of her vehicle.
In the days and weeks preceding her death, Navarrete had sent multiple threatening text messages and voicemails to Jane Doe, including a threat to shoot her mere hours before she was killed and a threating voicemail only minutes before shooting her.
Investigators determined that Navarrete was sitting in the rear passenger seat of Jane Doe’s vehicle when he fired a gun through front passenger headrest, striking her through the temple while she was seated in the driver’s seat and leaning over the front passenger area.
On March 10, 2023, Navarrete pled guilty to cyberstalking resulting in life threatening bodily injury and being a felon in possession of a firearm and ammunition.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The case was investigated by the FBI’s Albuquerque Field Office with assistance from the Lea County Sheriff’s Department. Assistant United States Attorneys Joni Autrey Stahl and Mark A. Saltman prosecuted the case.
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Bosque Farms Man Charged with AssaultRead the Press Release
Albuquerque – A federal grand jury has returned an indictment charging a Bosque Farms man with assault resulting in serious bodily injury.
According to the indictment, on Sept. 22, 2023, Richard Jaramillo, 42, of Bosque Farms and an enrolled member of Pueblo of Isleta, assaulted John Doe and the assault resulted in serious bodily injury.
Yesterday, Jaramillo appeared in federal court for an initial appearance where the Court temporarily detained Jaramillo pending a detention hearing, which is scheduled for March 20, 2024. If convicted, Jaramillo faces a maximum of 10 years in federal prison. There is no parole in the federal system.
The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
U.S. Attorney Alexander M.M. Uballez made the announcement today. The Isleta Police Department investigated, and Assistant United States Attorney Nicholas J. Marshall is prosecuting this case.
View the Indictment# # #
Alamogordo Man Sentenced to 60 Years in Prison for Enticement of MinorsRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Eric McLoughlin, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, announced today that Alfonso Salcido Herrera, Jr. was sentenced to 60 years in prison. Herrera, 46, of Alamogordo, pleaded guilty in federal court to enticement of a minor on March 30, 2023.
According to publicly available court records, beginning in 2019 until May 2022, Herrera groomed and repeatedly sexually abused four children who were between nine and 13 years old at the time.
Upon his release from prison, Herrera will be subject to 5 years of supervised release and must register as a sex offender.
Homeland Security Investigations investigated this case with assistance from the Alamogordo Police Department and the 12th Judicial District Attorney’s Office. Assistant United States Attorneys Matilda McCarthy Villalobos and Joni Autrey Stahl are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.
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Previously Convicted Man Pleads Guilty to Escaping from CustodyRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that William Valencia pleaded guilty in federal court to escape from custody. Valencia, 33, of Paguete, New Mexico, will remain in custody pending sentencing, which has not yet been scheduled.
Valencia was convicted in January 2020 for assault of an intimate partner by strangling and suffocating and sentenced to 75 months in prison to be followed by three years of supervised release. Valencia was placed at the Dismas Charities Diersen Residential Reentry Center in Albuquerque to serve the last 6 months of his custodial sentence. On July 27, 2023, Valencia left the facility without permission and failed to return. On Oct. 6, 2023, Valencia was arrested by the Albuquerque Police Department for possession of a controlled substance and was taken into federal custody on Oct. 10, 2023.
At sentencing, Valencia faces up to five years in prison.
The United States Marshals Service investigated this case. Assistant United States Attorney Jesse Pecoraro prosecuted the case.
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Nevada Man Sentenced to 27 Months in Prison and Ordered to Pay over $1.1 Million in Restitution for Tax FraudRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Carissa Messick, Acting Special Agent in Charge, IRS Criminal Investigation Phoenix Field Office, announced today that Victor Kearney was sentenced to 27 months in prison and ordered to pay $1,188,645.00 in restitution. A federal jury convicted Kearney, 59, of Zephyr Cove, Nevada, for filing false tax returns on March 10, 2023.
A federal grand jury indicted Kearney and his co-defendant Robert Fiser, 63, of Albuquerque, on August 29, 2019. According to the evidence at trial and other publicly available court records, from 1997 to 2013, Kearney received about $16 million in trust income as lifetime beneficiary of two testamentary trusts established after the death of his first wife, Mary Pat Abruzzo-Kearney. These trusts were shareholders in Alvarado Realty Company (“ARCO”).
At first, Kearney properly reported his trust income on tax returns prepared by a certified public accountant. Then ARCO restructured into a C corporation with subchapter S status. This meant corporate income, losses, deductions, and credits now passed to shareholders for tax purposes. Since the taxes Kearney owed to the government were no longer withheld by ARCO or the trusts, Kearney did not pay them. Instead, Kearney conspired with Fiser, an attorney specializing in tax law and the preparation of federal income tax returns, to submit knowingly false tax returns from 2007 through 2011 showing little or no trust income. As a result, Kearney owes the IRS $1,188,645.00.
Kearney came to the attention of the IRS in 2013 when he filed a lawsuit against his former brothers-in-laws, Benjamin and Louis Abruzzo. Kearney claimed that the Abruzzos mismanaged Mary Pat Abruzzo-Kearney’s trusts to Kearney’s financial disadvantage. During the litigation, District Judge Alan M. Malott heard evidence that prompted him to refer Kearney’s case to the IRS for further investigation. The state case was resolved in favor of the Abruzzos.
Upon his release from prison, Kearney will be subject to three years of supervised release.
Fiser pleaded guilty on July 11, 2022, to one count each of conspiracy and aiding and assisting in preparation of a false and fraudulent return.
IRS Criminal Investigation investigated this case with the assistance of the Office of the U.S. Trustee also assisted. Assistant United States Attorneys Sean J. Sullivan and Kimberly A. Brawley prosecuted the case.
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Joint Operation Targets Las Cruces Based Drug Trafficking OrganizationRead the Press Release
ALBUQUERQUE, N.M. – Today, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, and Chief Jeremy Story, Las Cruces Police Department, announced the results of a coordinated enforcement operation in Las Cruces.
According to the search warrant affidavit, the FBI and the Las Cruces/Dona Ana County Metro Narcotics Agency were investigating the distribution of methamphetamine out of the Desert Lodge Motel on West Picacho Avenue in Las Cruces. In February and March of 2024, agents orchestrated controlled buys at the motel.
On March 12th, agents executed the search warrant and seized fentanyl, methamphetamine and a firearm from the motel.
The federal search was conducted in conjunction with five other New Mexico state search warrants executed by the Las Cruces Police Department. As a result of the operation, six individuals were arrested on state charges.
“We stand with our local partners to confront drug trafficking at every level,” said U.S. Attorney Uballez. “Through strong partnerships and close collaboration, we will bring justice and peace to our streets.”
"Collaborative law enforcement efforts will continue to identify and disrupt drug trafficking organizations bringing violence to our streets," said FBI Special Agent in Charge Raul Bujanda. “Investigations like this prove the essential value of strong law enforcement partnerships and working together to meet a common goal.”
“This operation is a visible reminder of the amazing work that is being done between local, state, and federal agencies every day to address the violence and crime in our communities,” said LCPD Chief Jeremy Story. “These efforts make a difference in our city, and we will continue to work together to make Las Cruces and New Mexico safer.”
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case in collaboration with the Las Cruces Police Department. Assistant U.S. Attorney Maria Armijo is assisting with the investigation.
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