District of New Mexico
Press releases recorded for this federal judicial district.
Zuni Man Pleads Guilty to Sexual Abuse Against Children in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Rodney Waikaniwa pled guilty in federal court to 2 counts of abusive sexual contact. Waikaniwa, 51, of Zuni, and an enrolled member of the Zuni Pueblo, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Waikaniwa on May 24, 2023. According to publicly available court records, between September 2l, 2000, and September 20, 2001, Waikaniwa intentionally touched his first victim, Jane Doe 1 with the intent of gratifying his own sexual desire. At the time, Jane Doe 1 was only about eight years old. Between January 1, 2013, and December 31, 2015, Waikaniwa intentionally touched a second victim, Jane Doe 2, with the same sexual intent. At the time, Jane Doe 2 was approximately 6 years old.
Under the terms of the agreement, at sentencing, Waikaniwa faces a minimum of ten years in prison up to a maximum of fifteen years. This term of incarceration will be followed by a term of supervised release of not less than 5 years and up to life. He will be required to register as a sex offender.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Mark A. Probasco is prosecuting the case.
View the Plea AgreementIf you have reason to believe you or your child may be a victim, please call the FBI at (505) 889-1300 or submit their tips online at tips.fbi.gov.
# # #
Shiprock Man Charged with Second Degree MurderRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Morrie Lee Begaye appeared in federal court on an indictment charging him with second degree murder. Begaye, 36, of Shiprock, and an enrolled member of the Navajo Nation, will remain in custody pending trial which has not been scheduled.
According to the indictment, on June 26, 2022, Begaye unlawfully killed John Doe with malice aforethought
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charge, Begaye faces up to life imprisonment.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant U.S. Attorney Brittany DuChaussee is prosecuting the case.
# # #
Rio Rancho Man Pleads Guilty to Federal Firearms OffensesRead 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 Peter Ryan Lynch pleaded guilty in federal court to one count each of possession of a firearm not registered with the national firearms registration and transfer records and illegal receipt of an imported firearm. Lynch, 46, of Rio Rancho, will remain in custody pending sentencing, which has not been set.
A federal grand jury indicted Lynch on May 18, 2023. According to publicly available court documents, on April 20, 2023, during the execution of a search warrant at Lynch’s residence in Rio Rancho, law enforcement officers located two silencers. In his plea agreement, Lynch admitted that he had ordered them online and that he did not have the proper legal authorization to possess them as he did not have permission from the Attorney General of the United States to import them and they were not registered to Lynch in the National Firearms Registration and Transfer Record.
At sentencing Lynch faces up to 10 years in prison.
Homeland Security Investigations investigated this case with assistance from the U.S. Postal Inspection Service, Bureau of Alcohol, Tobacco, Firearms and Explosives and New Mexico State Police. Assistant United States Attorney Jon K. Stanford is prosecuting the case.
# # #
Mescalero Woman Pleads Guilty to Domestic AbuseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Prestina Lee Kazhe pleaded guilty in federal court to assault of an intimate partner resulting in substantial bodily injury. Kazhe, 44, of Mecalero, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending sentencing which has not been scheduled.
According to publicly available court records, on Sept. 24, 2023, Kazhe assaulted John Doe by repeatedly hitting him over the head with a Bud Light bottle and a metal pot and bit him on the arm. Following the assault, John Doe was transported to a nearby medical center where he was treated for three large lacerations which required multiple staples to close the wounds.
At sentencing, Kazhe faces up to 5 years in prison followed by 3 years of supervised release.
The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Joni Autrey Stahl is prosecuting the case.
# # #
- Arizona Man Pleads Guilty to Abusive Sexual Contact of Child in Indian Country
Crownpoint Woman Sentenced to 30 months in Prison for Involuntary ManslaughterRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Ryntana Yazzie was sentenced to 30 months in prison. Yazzie, 34, of Crownpoint, and an enrolled member of the Navajo Nation, pled guilty to involuntary manslaughter on Nov. 2, 2023.
According to publicly available court documents, on August 4, 2020, Yazzie had been drinking alcohol and was driving south on Highway 371 outside Farmington when her vehicle veered into oncoming traffic and struck a semi-truck driven by John Doe, who was driving northbound. Yazzie crossed the center line into John Doe’s truck and did not brake prior to the crash. John Doe attempted to veer to the right to avoid Yazzie. The impact occurred head on, slightly off center.
John Doe died at the scene of the crash. OMI determined John Doe suffered from blunt force trauma to the head and neck. He suffered hemorrhage in the neck and head which would have been nearly immediately fatal.
Yazzie suffered a broken left arm and a broken leg from the crash and was transported to San Juan Regional Medical Center before she was flown to the University of New Mexico Hospital in Albuquerque.
Upon her release from prison, Yazzie will be subject to 3 years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Department of Criminal Investigations and the New Mexico State Police. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
# # #
Utah Man Sentenced to 23 Years in Prison for Sexual AbuseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Pedro Lee Benally was sentenced to 23 years in prison. Benally, 23, of Moab, Utah, and an enrolled member of the Navajo Nation, pled guilty to two counts of abusive sexual contact on Nov. 2, 2023.
According to publicly available court documents, between April 1, 2022, and November 29, 2022, Benally engaged in sexual contact with Jane Doe, a child who had not attained the age of 12 years, on multiple occasions. The incidents occurred at Jane Doe’s grandmother’s house in Shiprock and Benally told Jane Doe not to tell anyone about his abusive conduct.
Upon his release from prison, Benally will be subject to 10 years of supervised release and must register as a sex offender upon his release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.
# # #
Taos Compound Defendants SentencedRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Jany Leveille, Siraj Ibn Wahhaj, his sisters Hujrah Wahhaj and Subhanah Wahhaj, and Subhanah’s husband, Lucas Morton, appeared before a federal judge for sentencing. Siraj, Hujrah and Subhanah Wahhaj, and Lucas Morton were sentenced to life in prison without the possibility of parole. Per the terms of her plea agreement, Leveille was sentenced to 15 years in prison. Upon her release from prison, Leveille will enter removal proceedings.
On Oct. 17, 2023, after a three-week trial, a federal jury convicted Siraj Wahhaj and Lucas Morton of conspiracy to provide material support to terrorists, providing material support to terrorists and conspiracy to murder an officer or employee of the United States. Hujrah Wahhaj, Subhanah Wahhaj and Lucas Morton were additionally convicted of conspiracy to commit kidnapping resulting in death and kidnapping resulting in death. Jany Leveille pled guilty to conspiracy to provide material support to terrorists and being in possession of a firearm while unlawfully in the United States on Aug. 8, 2023.
According to publicly available court records, in December of 2017, the group, led by Leveille, abducted Siraj Wahhaj’s three-year-old son, Abdul Ghani, from his mother in Georgia and transported him to a remote property in Amalia, New Mexico. The group intended to use the child as a prop in a plan to rid the world of purportedly corrupt institutions, including the FBI, CIA, and U.S. military, and to kill those who did not convert and follow Leveille. The planning and training for this conspiracy took place at a heavily fortified, purpose-built, militarized compound in Amalia.
After Abdul Ghani died at the compound, Leveille prophesized, and the rest of the group believed, that Abdul Ghani was going to resurrect on Easter, which was April 1, 2018, and that he would lead the group to face society and kill those who did not join them. In response, the group’s firearms and tactical training ramped up in frequency, intensity, and complexity in anticipation of the Easter resurrection. When Abdul Ghani did not resurrect on Easter, Leveille began to talk about him returning around the time of his birthday (August 6, 2018) or as Subhanah Wahhaj’s soon-to-be born child.
On Aug. 3, 2018, the Taos County Sheriff's Office's Tactical SRT Unit integrated with agents from New Mexico Office of the Superintendent of Insurance and executed warrants on the heavily fortified compound. SRT was able to secure the compound and the suspects without incident or a single shot fired. Additionally, the children in the compound were secured and safely turned over to child welfare authorities. While clearing the compound, weapons, ammunition, and training documents were discovered confirming intelligence that had been received. During a subsequent search of the compound on Aug. 6, 2018, Abdul Ghani’s birthday, law enforcement located the remains of Abdul Ghani in an underground tunnel. The investigation found Abdul died on Christmas Eve, 2017, before anyone was aware the group was in New Mexico.
“All of the children are all of our children, and loss of any child is a loss to us all,” said U.S. Attorney Uballez. “The horrifying events of 2017 and 2018 played out in graphic detail during this trial: from radical ideologies to violent extremist beliefs, the banality of everyday life centered around the corpse of a dead child within a fortified compound in rural New Mexico. But at its heart, this case is about the senseless death of three-year-old Abdul Ghani. As a father, I offer my deepest condolences as well as my gratitude to our federal law enforcement partners, the Taos County Sheriff’s Office, DOJ’s National Security Division, and my trial team for delivering justice.”
“The sentences imposed today send a clear message: The FBI takes its mission of protecting the American public seriously, and we will continue to work diligently to uncover and stop all terrorism efforts whether it be by large scale organizations or small US-based violent extremist participating in self-initiated attack plotting as seen in this case,” said Special Agent in Charge Raul Bujanda. “While today’s sentencing cannot take away the pain or fill the void of the innocent child who was kidnapped and subsequently lost his life, I sincerely hope there is some comfort in knowing that those who committed this terrible crime have been brought to justice. The FBI would like to thank all of our local, state and federal partners, the US Attorney’s Office, and specifically the Taos County Sheriff’s Office for their diligent work on this case, which removed the threat posed by these dangerous criminals to potentially conduct attacks on US soil against innocent people.”
“Through integrated teamwork, an extremely high-risk operation was successfully conducted against an established terror group in which warrants were executed and suspects were taken into custody without a single shot being fired, denying them of the fulfillment of their intended terrorist intentions. All Deputies and suspects were uninjured and most importantly above all else, 11 children were removed from harm’s way without injury,” said Taos County Sheriff Steve Miera. “On behalf of the People of Taos County, I would like to sincerely extend our gratitude to the NM Office of the Superintendent of Insurance (OSI), FBI, US Attorney’s Office, and its support staff, the Eighth Judicial District Attorney’s Office, as well as the NM DHS.”
The FBI Albuquerque Field Office investigated this case with assistance from the U.S. Department of Homeland Security, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Taos County Sheriff’s Office, NM Office of the Superintendent of Insurance, and the 8th Judicial District Attorney’s Office.
Assistant U.S. Attorneys Kimberly Brawley and Tavo Hall for the District of New Mexico and Trial Attorneys Jessica Joyce and George Kraehe of the National Security Division’s Counterterrorism Section prosecuted the case.
# # #
24-98
Newcomb Man Pleads Guilty to Involuntary ManslaughterRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Leighton Spencer pleaded guilty in federal court to involuntary manslaughter. Spencer, 31, of Newcomb, and an enrolled member of the Navajo Nation, was placed on conditions of release pending sentencing, which has not been scheduled.
According to publicly available court records, on June 2, 2021, John Doe and Spencer were drinking at his residence in Newcomb when John Doe had an altercation with his girlfriend. Spencer and John Doe then got into an argument which turned physical. At some point after that, John Doe produced a knife and stabbed Spencer in the forearm multiple times. Spencer then took the knife from him and stabbed John Doe. A stab wound to the neck damaged a vein and artery which caused John Doe to bleed to death.
At sentencing, Spencer faces up to 8 years in prison followed by 3 years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
View the Plea Agreement# # #
Justice Department Sues New Mexico Property Manager for Sexually Harassing TenantsRead the Press Release
The Justice Department filed a lawsuit today against Ariel Solis Veleta, of Albuquerque, New Mexico, for sexually harassing female tenants in violation of the Fair Housing Act (FHA). Solis was employed as a leasing agent and property manager at St. Anthony Plaza Apartments in Albuquerque between 2010 and 2022.
The lawsuit, filed in the U.S. District Court for the District of New Mexico, alleges that between 2010 and 2022, Solis requested sex acts from female tenants, subjected female tenants to unwelcome sexual touching, made unwelcome sexual comments and advances to female tenants, locked female tenants in his office to demand sex acts, demanded that female tenants engage in sex acts with him in order not to lose housing and entered female tenants’ homes in the guise of conducting property management work to demand sex acts.
“The Justice Department is firmly committed to holding property managers and landlords accountable when they abuse their power and prey on vulnerable tenants,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This action represents our latest effort to ensure that no one lives in fear of experiencing sexual harassment in their home.”
“Women and children deserve to live free from sexual predation,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “And everybody deserves safe and affordable housing for their families. When property managers use their power over housing as a weapon to extort sexual favors from tenants, they exploit one fundamental right in order to violate another. Our office is committed to protecting both the sanctuary of the home and the basic human rights of tenants. These cases are made possible by the bravery of tenants. I thank each of the alleged victims for having the courage to come forward and to tell their story.”
“Every person deserves to feel safe in their homes without facing the threat of being sexually harassed or abused by a property manager or others who have control over housing,” said Inspector General Rae Oliver Davis of the Department of Housing and Urban Development (HUD). “Victims should not hesitate to report such harassment and abuse to law enforcement authorities. HUD’s Office of Inspector General (HUD OIG) will continue to work with our prosecutorial and law enforcement partners to hold housing providers accountable for this type of depraved conduct.”
The lawsuit also names as defendants the owners of St. Anthony Plaza Apartments, St. Anthony Limited Partnership and PacifiCap Holdings XXXVIII LLC and Solis’ employer, PacifiCap Properties Group LLC. It also seeks monetary damages to compensate persons harmed by the alleged harassment, a civil penalty to vindicate the public interest and a court order barring future discrimination.
The Justice Department and HUD OIG jointly investigated the case.
The FHA prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. It also prohibits sexual harassment, a form of sex discrimination. Individuals who believe they may have been victims of sexual harassment or other types of housing discrimination by Ariel Solis or at St. Anthony Plaza Apartments, or who have information that may be relevant to this case, may contact the Housing Discrimination Hotline at 1-833-591-0291. Individuals may also send an email to [email protected] or may submit a report online.
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The initiative seeks to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers and other people who have control over housing. Since launching the initiative in October 2017, the department has filed 39 lawsuits alleging sexual harassment in housing and recovered nearly $12 million for victims of such harassment.
Five New Mexico Compound Defendants Sentenced to Life in Prison in Connection with Kidnapping and Terrorism PlotRead the Press Release
A federal judge in New Mexico today sentenced five defendants: Jany Leveille, Siraj Ibn Wahhaj, his sisters Hujrah Wahhaj and Subhanah Wahhaj, and Subhanah’s husband, Lucas Morton. Siraj, Hujrah and Subhanah Wahhaj, and Lucas Morton were sentenced to life in prison without the possibility of parole. Per the terms of her plea agreement, Leveille was sentenced to 15 years in prison. Upon her release from prison, Leveille will enter removal proceedings.
On Oct. 17, 2023, after a three-week trial, a federal jury convicted Siraj Wahhaj and Lucas Morton of conspiracy to provide material support to terrorists, providing material support to terrorists and conspiracy to murder an officer or employee of the United States. Hujrah Wahhaj, Subhanah Wahhaj and Lucas Morton were additionally convicted of conspiracy to commit kidnapping resulting in death and kidnapping resulting in death. Jany Leveille pleaded guilty to conspiracy to provide material support to terrorists and being in possession of a firearm while unlawfully in the United States on Aug. 8, 2023.
According to publicly available court records, in December 2017, the group, led by Leveille, abducted Siraj Wahhaj’s three-year-old son, Abdul Ghani, from his mother in Georgia and transported him to a remote property in Amalia, New Mexico. The group intended to use the child as a prop in a plan to rid the world of purportedly corrupt institutions, including the FBI, CIA, and U.S. military, and to kill those who did not convert and follow Leveille. The planning and training for this conspiracy took place at a heavily fortified, purpose-built, militarized compound in Amalia.
After Abdul Ghani died at the compound, Leveille prophesized, and the rest of the group believed, that Abdul Ghani was going to resurrect on Easter, which was April 1, 2018, and that he would lead the group to face society and kill those who did not join them. In response, the group’s firearms and tactical training ramped up in frequency, intensity, and complexity in anticipation of the Easter resurrection. When Abdul Ghani did not resurrect on Easter, Leveille began to talk about him returning around the time of his birthday (Aug. 6, 2018) or as Subhanah Wahhaj’s soon-to-be born child.
On Aug. 3, 2018, the Taos County Sheriff’s Office’s Tactical SRT Unit integrated with agents from New Mexico Office of the Superintendent of Insurance and executed warrants on the heavily fortified compound. SRT was able to secure the compound and the suspects without incident or a single shot fired. Additionally, the children in the compound were secured and safely turned over to child welfare authorities. While clearing the compound, weapons, ammunition, and training documents were discovered confirming intelligence that had been received. During a subsequent search of the compound on Aug. 6, 2018, Abdul Ghani’s birthday, law enforcement located the remains of Abdul Ghani in an underground tunnel. The investigation found Abdul died on Christmas Eve, 2017, before anyone was aware the group was in New Mexico.
The FBI Albuquerque Field Office investigated this case with assistance from the U.S. Department of Homeland Security, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Taos County Sheriff’s Office, NM Office of the Superintendent of Insurance, and the 8th Judicial District Attorney’s Office.
Assistant U.S. Attorneys Kimberly Brawley and Tavo Hall for the District of New Mexico and Trial Attorneys Jessica Joyce and George Kraehe of the National Security Division’s Counterterrorism Section prosecuted the case.
Arizona Woman Sentenced to 30 Months in Prison for Involuntary ManslaughterRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Leticia Ashley was sentenced to 30 months in prison. Ashley, 38, of St. Michaels, Arizona and an enrolled member of the Navajo Nation, pleaded guilty to involuntary manslaughter on Oct. 2, 2023.
A federal grand jury indicted Ashley on Feb. 23, 2023. According to publicly available court documents, on July 29, 2022, Ashley consumed a half-pint of Fireball liquor before she got into the driver’s seat of her truck with her four young children as passengers and started to drive. Ashley was speeding when she lost control of the vehicle, causing it to leave the roadway and roll over several times. The crash was reported to law enforcement by a motorist who came upon the scene shortly afterward and narrowly missed encountering the speeding truck.
Ashley’s unrestrained five-year-old daughter died as a result of the vehicle crash and her other children were injured. Ashley was airlifted was University of New Mexico Hospital with a severely broken arm and spinal injury.
Upon her release from prison, Ashley will be subject to three years of supervised release.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Crownpoint Police. Assistant United States Attorney Kimberly Bell is prosecuting the case.
# # #
Mescalero Man Sentenced to 4 Years in Prison for Assault on Federal OfficerRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Jeremy Dennis was sentenced to 4 years in prison. Dennis, 43, of Mescalero, and an enrolled member of the Mescalero Apache Tribe, Dennis pled guilty to assault on a federal officer in Indian Country on June 26, 2023.
According to publicly available court documents, on Dec. 25, 2022, shortly after 10 p.m., an officer from the Bureau of Indian Affairs responded to the Dennis’ residence on the Mescalero Apache reservation to conduct a welfare check. Dennis’ family members had called the police because Dennis was smoking methamphetamine in the laundry room of the house. The officer attempted to arrest Dennis’ for child abuse for smoking with a minor in the house, but Dennis grabbed his minor child and would not let go. The officer and a family members tried to release Dennis’s grip on the child but were unable to do so. Finally, the officer deployed pepper spray on Dennis, which caused him to release the child and the family member was able to grab the child and leave the area.
Dennis then punched and kicked the officer before throwing him to the ground and straddling him. Dennis grabbed the officers bulletproof vest pressed it into the officer’s neck, attempting to strangle him and cut off his air supply. Backup arrived on scene and together the officers were able to subdue Dennis.
Upon his release from prison, Dennis will be subject to 2 years of supervised release.
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.
# # #
Santa Fe Man Pleads Guilty to Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Mario Guizar-Anchondo pled guilty in federal court to possession with intent to distribute fentanyl and possessing a firearm in furtherance of a drug trafficking crime. Guizar-Anchondo 21, of Santa Fe, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Guizar-Anchondo and his co-defendant, Werni Lopez-Perez, 27, of Santa Fe, on Jan. 11, 2022. According to publicly available court documents, at around 2:30 a.m. on Dec. 30, 2021, an officer from the Santa Fe Police Department conducted a routine traffic patrol on a vehicle driven by Guizar-Anchondo for driving without illuminated taillights. At the time, Lopez-Perez was in the passenger seat. Based on observations made during and after the traffic stop, the officer sealed the truck and the FBI sought and obtained a federal search warrant for the truck.
The truck was searched later that day at the FBI office in Albuquerque. Inside, agents found approximately 32,000 fentanyl pills, 1.7 kilograms of methamphetamine, five firearms, and $5,563 in cash. The investigation also uncovered evidence that both Guizar-Anchondo and Lopez-Perez were using Facebook to advertise and sell fentanyl and methamphetamine.
In his plea agreement, Guizar-Anchondo admitted that he intended to distribute the fentanyl pills to others, and that he possessed the firearms in the truck to protect himself, his drug supplies, and his drug proceeds.
At sentencing, Guizar-Anchondo is facing not less than 5 years and not more than life in prison.
Lopez-Perez remains in custody pending trial which is currently scheduled for April 1, 2024.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Santa Fe Police Department. The United States Attorney’s Office is prosecuting the case.
View the Plea Agreement# # #
Federal Jury Convicts Mescalero Man of Domestic AssaultRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced a federal jury returned a guilty verdict against Theodore Ian Chavez, IV for assault of an intimate partner by strangling. Chavez, 26, of Mescalero, and an enrolled member of the Mescalero Apache Tribe, was detained pending sentencing which has been set for June 12, 2024.
A federal grand jury issued an indictment against Chavez on Nov. 15, 2023. According to evidence presented at trial and other publicly available court records, in the early morning hours of August 6, 2023, Chavez strangled and assaulted his intimate partner, Jane Doe, multiple times, resulting in the loss of consciousness and visible bruises. He also shoved Jane Doe into a door, resulting in bruises and a head injury. After the assault, Jane Doe sought medical attention.
When interviewed by law enforcement officers, Chavez confirmed that he and Jane Doe had been intimate partners for several years. Although he initially denied and downplayed the incident which resulted in the assault, he eventually admitted that he had physically restrained Jane Doe following an argument. Chavez admitted that he likely caused the bruising on Jane Doe’s body, including the bruising on Jane Doe’s neck, while attempting to restrain Jane Doe. Chavez stated he was attempting to restrain Jane Doe with a forearm across the chest, but that his forearm slipped and was on Jane Doe’s throat, impeding her ability to breathe. When asked about the signs of manual strangulation, Chavez conceded that he put his hands on Jane Doe’s throat but denied any intention or occurrence of strangulation.
At sentencing, Chavez faces 10 years in prison.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Bureau of Indian Affairs. Assistant U.S. Attorneys Joni Stahl and J. Kirk Williams are prosecuting the case.
# # #
24-93
Rio Rancho Man Sentenced to 15 Months in Prison for Social Security SchemeRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that James Anthony Sandoval was sentenced to 15 months in prison, and he must pay $55,261.20 in restitution to the Social Security Administration (SSA). A federal jury returned 33 guilty verdicts of theft of government property and one count each of making false statements and false statements on a Social Security form against Sandoval, 58, of Rio Rancho, on Dec. 16, 2022.
A federal grand jury issued an indictment against Sandoval on June 15, 2022. According to evidence presented at trial and other publicly available court records, Sandoval became entitled to receive disability benefits in 2007 and the Social Security Administration (SSA) began issuing payments to Sandoval, including payments to his children and Medicare benefits. In November 2018, the SSA’s Office of the Inspector General (OIG) Cooperative Disability Investigations (CDI) Unit in Albuquerque began an investigation based on an allegation that Sandoval was intentionally concealing from the SSA his ownership, earnings and work activity at Traditions Past and Present, a thriving jewelry business with two locations in Albuquerque.
During the investigation, the CDI Unit determined that Sandoval founded the company in 2009 and was the designer and creator of the jewelry sold by the business. In August 2016, Sandoval signed various SSA forms, under penalty of perjury, in which he stated he had not worked since January 2007 and had not received any income since January 2007.
In February 2019, an undercover agent with the SSA-OIG spoke with Sandoval at the San Antonio Texas Stock and Rodeo show, where Sandoval had rented a vendor booth for his jewelry business. The booth had a sign displayed, “Traditions Past and Present Jewelry, My Heritage and Design by James Sandoval.” Sandoval told the agent he sells customized jewelry from the Santa Fe area and had been selling custom-made jewelry at the San Antonio Stock Show and Rodeo for approximately ten years. Sandoval further stated that his jewelry items ranged from $500-$20,000, and he did not sell his jewelry to wholesalers.
On February 19, 2020, OIG-SSA Special Agent and SSA employees met with Sandoval at the SSA office in Rio Rancho. During the meeting, Sandoval told agents he had not worked since 2002 or 2003, and Sandoval denied making a profit or working at Traditions Past and Present. Sandoval did admit to traveling to trade shows on behalf of the business.
During the trial, the jury heard testimony from a former employee who stated that Sandoval was intentionally concealing his income from the government because he was receiving SSA disability payments. Other evidence presented included reports and photographs of Sandoval working at his jewelry business, Traditions Past and Present, as well as working at a vendor booth for his jewelry business at a trade show in Texas. The government also presented bank records of Traditions Past and Present and Sandoval’s personal bank records from 2014 to 2019 which included several transactions from the jewelry business to Sandoval’s personal accounts, all of which were controlled by Sandoval.
Between January 1, 2014, and April 1, 2019, Sandoval received SSA benefits totaling $182,735.10 and Medicare paid a total amount of $94,165.20 for the services Sandoval received from March 2015 to May 2021, which is the period he was not entitled to receive SSA disability benefits.
“Everyone deserves economic stability and dignity,” said U.S. Attorney Uballez. “Social security funds represent our collective commitment to taking care of our neighbors who can no longer work. When selfish business-owners draw benefits to which they are not entitled, they are stealing from every American’s paycheck and from every lawful beneficiary. Together with SSA-OIG, we will preserve the viability of the Social Security system. This case was spearheaded by OIG Special Agent Bianca Mendez, who tragically died before she could finish her work. Her colleagues at SSA-OIG and CDI finished where she left off and honored her legacy with this outcome.”
Upon his release from prison, Sandoval will be subject to three years of supervised release.
The SSA Office of the Inspector General Albuquerque CDI Unit investigated this case with assistance from the New Mexico Disability Determination Services, the New Mexico Office of Attorney General and SSA. Assistant United States Attorneys Raquel Ruiz-Velez and Kristopher N. Houghton are prosecuting the case.
# # #
Former Alamogordo Firefighter Sentenced to 45 Years in Prison for Production of Child PornographyRead 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 that Jason Ross-Lattion Fleming was sentenced to 45 years in prison. Fleming, 37, of Pinon, pleaded guilty to production of a visual depiction of a minor engaging in sexually explicit conduct and providing child pornography to a minor on April 6, 2023.
A federal grand jury indicted Fleming on Sept. 21, 2022. According to publicly available court records, on April 12, 2022, Homeland Security Investigations received information from New Mexico State Police regarding an incident that occurred involving a 10-year-old minor in Pinon, New Mexico. The 10-year-old minor, identified in court documents as Jane Doe 2, reported that Fleming molested her while she was visiting her dad in New Mexico. Fleming was an Alamogordo firefighter at the time.
During a subsequent interview, Jane Doe 2 disclosed that Fleming began molesting her when she was nine years old and that it occurred multiple times. Jane Doe 2 disclosed that Fleming showed her videos of child sexual exploitation materials and told her she had to do the things to him that occurred in the videos. Jane Doe 2 also disclosed that Fleming gave her Reese’s candy when he molested her.
Based on the information from Jane Doe 2, New Mexico State Police obtained a state district court search warrant for Fleming’s residence, cellphones, and buccal swabs containing Fleming’s DNA.
On April 18, 2022, Homeland Security Investigations obtained and executed a follow-up federal search warrant on Fleming’s cellphone and identified hundreds of videos and photographs of child sexual exploitation materials, including child sexual exploitation materials images involving infants and toddlers. The identified child sexual exploitation materials were contained within the thumbnail cache of a “GalleryVault” application.
While reviewing the extraction of Fleming’s cellphone, Homeland Security Investigations located sexually explicit videos and photographs that Fleming produced of Fleming and a teenage minor, identified in court documents as Jane Doe 1.
Upon his release from prison, Fleming 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 New Mexico State Police, U.S. Marshals Service, and the Drug Enforcement Administration. Assistant United States Attorneys Marisa A. Ong and Matilda McCarthy Villalobos 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.
# # #
Dulce Man Charged with Aggravated Sexual AbuseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Cisco Cruzito Pinto appeared in federal court on a criminal complaint charging him with aggravated sexual abuse in Indian Country. Pinto, 37, of Dulce, NM, will remain on conditions of release in the third-party custody of a halfway house pending trial, which has not yet been scheduled.
According to the criminal complaint, on Sept. 13, 2023, Pinto went out drinking in Pagosa Springs, CO with his wife before returning home. After his wife fell asleep, Pinto allegedly went into a bedroom where their 14-year-old niece, Jane Doe, was sleeping and sexually assaulted her. Jane Doe began to cry, and Pinto allegedly told her not to tell anyone otherwise he would hit her. When Pinto went to take a shower, Jane Doe told her aunt that Pinto had assaulted her. Jane Doe’s aunt called 911, and Jicarilla Apache Police Officers removed Pinto from the home.
A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charges, Pinto faces up to a mandatory minimum of 30 years and up to life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Jicarilla Apache Police Department. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.
# # #
Mescalero Man Sentenced to 2 Years Supervised Release for Domestic AbuseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Danny Deron Morgan was sentenced to a time-served sentence of 53 days and 2 years of supervised release. Morgan, 51, of Mescalero, an enrolled member of the Mescalero Apache Tribe, pled guilty on Oct. 25, 2023, to assault of a spouse, intimate partner, or dating partner resulting in substantial bodily injury in Indian Country.
A federal grand jury returned a superseding indicted against Morgan on Aug. 16, 2023. According to publicly available court records, on Feb. 20, 2023, Morgan invited Jane Doe to the residence he had been staying at in Mescalero. After she arrived, Morgan became upset with Jane Doe, and she attempted to leave the residence. This upset Morgan more and he grabbed Jane Doe by her hair, pushed her down on to the bed, straddled her chest and pushed down on her throat with his hands. Hearing a commotion, the owner of the residence forced his way into the bedroom and pulled Morgan off Jane Doe, who fled the residence. As a result of the assault, Jane Doe suffered short-term disfigurement including bruising, lacerations, and petechiae.
The Bureau of Indian Affairs investigated the case. Assistant U.S. Attorney Eliot Neal is prosecuting the case.
# # #
24-87
Kansas Man Pleads Guilty to Production of Child Porn, Coercion and Enticement of a MinorRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Adrian Dale Tsinnijinnie pleaded guilty in federal court to one count each of production of a visual depiction of a minor engaging in sexually explicit conduct and coercion and enticement of a minor. Tsinnijinnie, 36, of Fort Riley, Kansas, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Tsinnijinnie on Jan. 25, 2023. According to publicly available court records, between November 2020 and January 2021, while stationed on active duty in the U.S. Army at Fort Riley, Kansas, Tsinnijinnie used Facebook Messenger to contact and groom Jane Doe, a 13-year-old child. Initially, the messages Tsinnijinnie sent to Jane Doe were supportive, but soon Tsinnijinnie began to request nude videos and photos. Tsinnijinnie told the victim that if she didn’t send him photos it would make him sad. Tsinnijinnie continuously pressured Jane Doe until she reluctantly sent him a nude photo. During these interactions, Tsinnijinnie also sent Jane Doe nude photos and videos of himself.
On June 20, 2021, while he was on leave from the U.S. Army, Tsinnijinnie traveled with his family to Shiprock, New Mexico, where Jane Doe lives. During the visit, Tsinnijinnie sexually assaulted Jane Doe on two occasions. Following the second incident, Tsinnijinnie apologized to Jane Doe and asked her to keep quiet about the incident, telling her that discussing the incident with others would “ruin everything.” Tsinnijinnie asked Jane Doe “cross her heart” not to say anything.
On July 5, 2021, Jane Doe disclosed to her father that she had been sexually assaulted by Tsinnijinnie. The victim’s father took her to the San Juan Regional Medical Center where she underwent a Sexual Assault Nurse Exam. Following the exam, the victim’s father met with a Navajo Nation Police Officer to make a report.
At sentencing, Tsinnijinnie faces between 15 and 25 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigation. Assistant United States Attorneys Matthew J. McGinley and Natasha Moghadam 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.
# # #
24-88
Two More Defendants Arrested During 2023 Joint Enforcement Operation in Carlsbad Plead Guilty to Federal Drug OffensesRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, announced today that Kassandra Lee Perales and Jared Michael Moore, two of the 12 defendants arrested during a joint enforcement operation last year in Carlsbad, pleaded guilty in federal court to federal drug offenses.
Perales, 33, of Carlsbad, pleaded guilty on Feb. 6, 2024, to conspiracy to distribute 50 grams and more of methamphetamine and 400 grams and more of fentanyl, conspiracy to distribute 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. Moore, 42, of Carlsbad, pleaded guilty on Feb. 27, 2024, to conspiracy to distribute cocaine and possession with intent to distribute cocaine. Both Perales and Moore will remain in custody pending sentencing, which has not been scheduled.
According to publicly available court records, on March 5, 2023, Moore took possession of 55.8 net grams of cocaine with the intent of distributing it. When he was driving away, law enforcement agents stopped Moore and seized the cocaine, as well as 10.97 grams of pure meth.
On April 3, 2023, Perales traveled from Carlsbad to El Paso to pick up 1,974 net grams of cocaine and 501.4 net grams of pure meth that had been transported from Mexico into the United States the day before and left in the trunk of a vehicle. Unbeknownst to Perales, the drugs had been seized by law enforcement the day before.
The following week, on April 10, 2023, Perales met with another individual and took possession of 893.3 net grams of pure meth and 657 net grams of fentanyl pills with the intent of transporting them to North Dakota to sell. On April 11, 2023, Perales departed Carlsbad for North Dakota when they were stopped by officers who seized the drugs.
At sentencing, Perales faces between 10 years and life in prison followed by a term of supervised release and Moore faces up to 20 years in prison followed by a term of supervised release.
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.
###
24-84
Ohkay Owingeh Man Pleads Guilty to Sexual AbuseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Dwayne Calvert pleaded guilty in federal court to sexual abuse. Calvert, 34, an enrolled member of Pueblo of Ohkay Owingeh, will remain in custody pending sentencing, which has not yet been scheduled.
According to publicly available court records, on July 2, 2022, Calvert spent the night in the living room of a friend’s home on the Pueblo of Ohkay Owingeh. Jane Doe was also asleep in that living room. Knowing that Jane Doe was passed out and unable to provide her consent to sexual intercourse, Calvert vaginally penetrated Jane Doe. When the homeowners confronted Calvert during the rape, Calvert fled the home.
At sentencing, Calvert faces five years in prison. Upon his release from prison, Calvert will be subject to a minimum of five years and up to a lifetime term of supervised release and must register as a sex offender.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services. Assistant United States Attorney Zachary Jones is prosecuting the case.
# # #
24-86
Albuquerque Man Sentenced to 11 Years in Prison for Drug TraffickingRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, announced that Danyell Kerr, Jr. was sentenced to 11 years in prison. Kerr, 32, of Albuquerque, pled guilty to possession with intent to distribute 40 grams and more of fentanyl and possessing a firearm in furtherance of a drug trafficking crime on Nov. 27, 2023.
According to publicly available court records, on April 20, 2023, DEA agents received information from a citizen that Kerr was a supplier of fentanyl. The citizen called Kerr and set up a time and location to buy fentanyl pills. DEA agents established surveillance at the predetermined meet location and observed Kerr arrive at the location. Agents approached Kerr and arrested him. When they searched the vehicle that he was driving, they located, within arms reach of the driver’s seat, 984.4 gross grams of fentanyl pills and a pistol, loaded with a round chambered.
Upon his release from prison, Kerr will be subject to 5 years of supervised release.
The Drug Enforcement Administration investigated this case with the assistance of the Albuquerque Police Department. Assistant United States Attorney Joseph M. Spindle prosecuted the case.
# # #
24-85
Mescalero Man Pleads Guilty to Domestic AssaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Ashton Louis Apachito pleaded guilty in federal court to assault of an intimate partner by strangling. Apachito, 19, of Mescalero and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending sentencing, which has not been scheduled.
According to publicly available court documents, on July 19, 2023, Apachito assaulted his girlfriend, Jane Doe, at his mother’s house. Following the incident, Jane Doe left the residence to stay with her mother. Over the next several days, Apachito harassed Jane Doe by phone and threatened to throw all of her belongings in the road. On July 29, Jane Doe returned to the residence to collect her belongings, at which time Apachito attacked Jane Doe, pushing her to the ground, kicking her in the stomach multiple times and choking her. The next morning, Jane Doe called her mother and asked her to pick her up. Jane Doe’s mother reported the domestic violence to BIA and Jane Doe was transported to the Lincoln County Medica Center for treatment.
At sentencing, Apachito faces up to 10 years imprisonment.
The Bureau of Indian Affairs investigated the case. Assistant U.S. Attorney Eliot Neal is prosecuting the case.
# # #
24-82
Bandidos Motorcycle Club Member Pleads Guilty to Federal Firearms OffenseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Jonathan Bivins pleaded guilty in federal court to being a felon in possession of a firearm and ammunition. Bivins, 41, of Alamogordo, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Bivins on Dec. 6, 2023. According to publicly available court records, on Aug. 31, 2023, the FBI and New Mexico State Police executed a federal search warrant targeting the Bandidos Motorcycle Club (BMC) at a residence in Alamogordo. Bivins, a member of the BMC, was located at the residence along with his motorcycle, BMC gang paraphernalia and thirteen firearms. As a previously convicted felon, Bivins knew that he was prohibited from owning firearms or ammunition.
At sentencing, Bivins faces up to 15 years in prison.
The FBI Albuquerque Field Office and New Mexico State Police led the investigation as part of the Outlaw Motorcycle Gang Task Force. Assistant U.S. Attorneys Joseph M. Spindle and David B. Hirsch are prosecuting the case.
Sanostee Man Sentenced to Supervised Probation for AssaultRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Melvin C. Smith was sentenced to one year of supervised probation. Smith must also pay full restitution to both victims. Smith, 63, of Sanostee, and an enrolled member of the Navajo Nation, pleaded guilty to assault by striking, beating, or wounding on November 28, 2023.
According to court records, on October 6, 2022, Smith used a long, hard wooden walking stick to assault his brother-in-law and his brother-in-law’s girlfriend. Smith also punched the girlfriend in the face. Following the assault, the two victims drove to Shiprock for medical treatment. Smith’s brother-in-law suffered a fractured forearm and cuts to his hand. His girlfriend suffered various contusions and a concussion without loss of consciousness. Days later, Smith called his brother-in-law and left an apologetic voicemail.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorney Zachary C. Jones is prosecuting the case.
# # #
24-81
Las Cruces Man Sentenced to More Than 4 Years in Prison for Federal Firearms Charges Relating to the Killing of Woman in 2023Read the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jeffrey C. Boshek II, Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced that David Anthony Aguilar was sentenced to 53 months in prison. Aguilar, 27, of Las Cruces, pleaded guilty in federal court to being a felon in possession of a firearm and possession of an unregistered firearm on Sept. 25, 2023.
According to publicly available court records, on Jan. 25, 2023, officers from the Las Cruces Police Department responded to a report of a gunshot victim at an apartment in Las Cruces. Upon arrival, officers located a deceased victim with a single gunshot to the head. A 12-gauge short barrel shotgun was located on the floor next to the victim. The victim’s neighbor reported to officers that they went to the victim’s apartment after hearing an argument followed by a loud bang. When the neighbor knocked on the front door, Aguilar answered holding the short barrel shotgun and told the neighbor to call 911 because the victim had shot herself. When the neighbor returned to their apartment, they witnessed Aguilar and another man identified as Margarito Serena fleeing the scene.
Aguilar and Serena were apprehended by officers that same day. During an interview, Aguilar claimed that he and the victim had physically fought over the shotgun and that he had accidentally discharged the firearm. Aguilar claimed that Serena had brought the shotgun to the apartment earlier that day and they had fled the scene because they were both convicted felons.
Serena, 30, of Las Cruces, pleaded guilty in federal court to being a felon in possession of a firearm and possession of an unregistered firearm on April 27, 2023. Serena was sentenced to six and a half years in prison, followed by three years of supervised release.
Upon his release from prison, Aguilar will be subject to three years of supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Las Cruces Police Department. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.
Anyone experiencing domestic violence or who knows someone experiencing domestic violence can reach an advocate at the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY). In New Mexico, the Domestic Violence Resource Center is available by telephone at (505) 843-9123 or online at https://dvrcnm.org/.
# # #
24-80
Farmington Man Pleads Guilty to Sexual AbuseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Willard Haven Dedios pleaded guilty in federal court to sexual abuse of an incapacitated person. Dedios, 60, of Farmington, and an enrolled member of the Jicarilla Apache Tribe, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Dedios on Nov. 9, 2022. In his plea agreement, Dedios admitted that on May 26, 2022, he engaged in a sexual act with Jane Doe while she was unconscious and that he took photos of his acts and Jane Doe’s condition.
At sentencing, Dedios faces up to life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Jicarilla Apache Police Department. Assistant United States Attorney Alexander F. Flores is 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# # #
24-79
Carlsbad Man Sentenced to over 17 Years in Prison for Enticement of a MinorRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Juan Antonio Flores was sentenced to 17.5 years in prison. Flores, 47, of Carlsbad, pleaded guilty to enticement of a minor on Sept. 19, 2023.
According to publicly available court records, the FBI obtained a federal search warrant for an address in Carlsbad associated with an online account for a fetish website that had been discussing the sexual molestation of a 9-year-old minor and sending child pornography of that minor. After execution of the search warrant, the FBI was able to verify that the adults living at the address, Joseph and Rachel Crutcher, had been sexually abusing three children in their care and had been setting up meetings with other individuals to sexually abuse at least one of the children who is identified in court documents as Jane Doe.
Through their investigation, the FBI learned that Joseph Crutcher met a man named “Juan,” who was identified by the FBI as Juan Antonio Flores, online and arranged to meet Flores in person. During their online conversations, Flores repeatedly discussed his desires to sexually abuse Jane Doe, and Flores made plans with Joseph to do so. The FBI learned that the Crutchers took Jane Doe to meet with Juan in person on three occasions. During those meetings, Rachel engaged in sexual acts with Juan while Jane Doe and another minor child were present, and on another occasion, Joseph engaged in sexual acts with Jane Doe next to Flores while Flores engaged in sexual acts with Rachel.
In his plea agreement, Flores admitted that on several occasions in Sept. 2022, during online conversations with the Crutchers, Flores discussed his desire to engage in sexual acts with Jane Doe and arranged to meet with the Crutchers and Jane Doe on multiple occasions.
Upon his release from prison, Flores will be subject to a lifetime supervised release and must register as a sex offender.
Rachel Crutcher pled guilty to production of child pornography and was sentenced to 30 years in prison. Upon her release from prison, Rachel will be subject to lifetime supervised release and must register as a sex offender. Joseph Crutcher pled guilty to one count each of production of child pornography, distribution of child pornography, and possession of child pornography and was sentenced to 70 years in prison. Upon his release from prison, Crutcher will be subject to lifetime supervised release and must register as a sex offender.
A third individual who arranged to meet with the Crutchers with the intention of engaging in sexual acts with Jane Doe, Dominic Allan Marks, pled guilty to enticement of a minor and was sentenced to 30 years in prison. Upon his release from prison, Marks will be subject to a lifetime term of supervised release and must register as a sex offender.
The Roswell Resident Agency and the FBI Albuquerque Field Office jointly investigated this case with assistance from the Eddy County Sheriff's Office and Carlsbad Police Department. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.
# # #
24-78
Farmington Woman Charged with Violations of the Federal Oil and Gas Royalty Management Act and Wire FraudRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and the Department of the Interior (DOI) Office of Inspector General announced today that a federal grand jury returned an indictment charging Teresa McCown with violations of the Federal Oil and Gas Royalty Management Act and wire fraud. McCown, 55, of Farmington, will remain on condition of release pending trial, which has not been scheduled.
According to the indictment, between Jan. 24, 2017, and June 5, 2023, McCown owned M&M Production & Operation, Inc. (M&M) and Shoreline Oil & Gas Company (Shoreline). Both are in the business of extracting oil and gas from land leased to the companies by the federal government, the Navajo Nation, and by the Jicarilla Apache Nation and both companies sold extracted oil and gas to refiners. M&M and Shoreline are required to report the quantity and quality of oil and gas extracted from the leases and the revenue derived from sales of those materials to the Department of the Interior, Office of Natural Resources Revenue (ONRR), in Report of Sales and Royalty Remittance (Form ONRR-2014) forms and Oil and Gas Operations Reports (OGORs). The intent of these reports is to determine royalties due to the lessors: the Navajo Nation, the Jicarilla Apache Nation, and the federal government.
After reviewing financial statements from refiners, ONRR determined that M&M and Shoreline’s Oil and Gas Operations and Sales and Royalty Remittance reports were incorrect. More specifically, a detailed analysis revealed over 400 incorrect reports on both Indian and Federal leases between January 2017 and July 2021. Furthermore, ONRR issued a Notice of Noncompliance to McCown in March 2021 for failing to report M&M's production of oil or gas from Federal and Indian properties from July 2019 through January 202l. ONRR is also authorized to issue civil penalties associated with the Notice of Noncompliance for failure to correct violations identified – and did issue those penalties. After receiving notices, penalties, and participating in teleconferences with regulators, McCown failed to correct false and inaccurate reporting. The total civil penalties assessed by ONRR for multiple violations by M&M and Shoreline total $1,707,339.58.
For knowingly and willfully submitting false and inaccurate reports, McCown is charged in Counts 2-9 with wire fraud. Specifically, McCown submitted the false and inaccurate reports over the internet via ONRR’s website. The electronically submitted forms were transmitted over interstate wire from Farmington, New Mexico to servers in Raleigh, North Carolina. ONRR employees in Lakewood, Colorado then accessed the same data through an internal networking system for overseeing production reporting and to process royalty payments.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, McCown faces up to 20 years in prison and $300,000 in additional fines. As part of her conditions of release, McCown may not work as a record-keeper or reporter in any industry subject to state or federal reporting or regulatory requirements, including oil and gas companies.
The Department of the Interior, Office of Inspector General, Office of Investigations, Energy Investigations Unit investigated this case. Assistant U.S. Attorney Alexander Flores is prosecuting the case.
View the Indictment# # #
24-75
Alamogordo Man Charged with Possessing Unregistered Weapon Used in Police Officer KillingRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jeffrey C. Boshek II, Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced that Dominic Cruz De La O appeared in federal court on a criminal complaint charging him with possession of an unregistered weapon made from a shotgun. De La O, 27, of Alamogordo, will remain in temporary custody pending a detention hearing, which is scheduled for Feb. 22, 2024.
According to the criminal complaint, on July 15, 2023, De La O allegedly shot and killed Alamogordo Police Officer Anthony Ferguson during a traffic stop with a modified 12-gauge shotgun. The barrel length of the shotgun was 16 inches, and the overall length was 25.5 inches. The shotgun stock had been removed and replaced with a pistol grip.
On July 26, 2023, ATF agents received information that Jonah Apodaca allegedly provided the modified shotgun to De La O. Apodaca, 32, of Alamogordo, appeared in federal court on a criminal complaint charging him with possession of a firearm by a felon on Feb. 12, 2024. Apodaca will remain in custody pending trial, which has not been scheduled.
A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charges, De La O faces up to 10 years in prison and Apodaca faces 15 years in prison. De La O also faces state charges including first-degree murder, aggravated fleeing, aggravated assault, tampering with evidence, and other lesser charges stemming from the July 15, 2023, death of Officer Ferguson.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Alamogordo Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.
View Del La O's Criminal Complaint View Apodaca's Criminal Complaint# # #
24-76
Zuni Man Pleads Guilty to Federal Firearms OffenseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Ian Channing Lasiloo pleaded guilty in federal court to using, carrying and brandishing a firearm during and in relation to a crime of violence. Lasiloo, 31, of Zuni, and an enrolled member of the Zuni Tribe, voluntarily surrendered and will remain in custody pending sentencing, which has not been set.
A federal grand jury indicted Lasiloo on March 21, 2023. In his plea agreement, Laslioo admitted that he drove to of the residence of John Doe and asked Doe “where my 40 was.” John Doe replied that he didn’t owe Lasiloo anything. While still in the driver’s seat of the car, and approximately five feet away from John Doe, Lasiloo pointed a .22 caliber revolver at John Doe’s face and then pointed the weapon downwards. Lasiloo then fired the weapon one time, shooting John Doe in the heel.
At sentencing, Lasiloo faces a minimum of seven years and up to life in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Robert James Booth II is prosecuting the case.
View the Plea Agreement# # #
24-73
Federal Jury Convicts Las Cruces Man of Federal Firearms OffenseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that on Feb. 13, 2024, a federal jury returned a guilty verdict against Jesus Coronado, 42, of Las Cruces. The jury convicted Coronado of being a felon in possession of a firearm and ammunition. Judge Margaret I. Strickland presided.
A federal grand jury returned a superseding indicted against Coronado on June 21, 2023. According to publicly available court documents, on Dec. 11, 2021, a woman was leaving a smoke shop when her former boyfriend, Coronado, pulled up next to her vehicle and brandished a firearm while making a jabbing gesture with it in her direction. Both vehicles then fled the parking lot.
Officers from the Las Cruces Police Department (LCPD) obtained an arrest warrant for Coronado and located his vehicle at a residence in Las Cruces, but the residents told officers Coronado was not there. Officers conducted sporadic surveillance of the residence for the next several days until they observed a male matching Coronado’s description in the driveway on Dec. 13, 2021. The officer commanded the male to stop, but he appeared to flee into the residence instead. Officers set up a perimeter around the residence and called for the residents to exit. Two women and another male obeyed the commands and the male told officers that Coronado had not entered the residence but had actually gone around the back. An officer holding the perimeter in the neighbor’s backyard climbed onto the fence separating the properties and observed a firearm on the roof of the residence. Sometime later, a neighbor called LCPD to report that a male matching Coronado’s description was hiding behind a wall across the street. At that time, officers located Coronado hiding behind a small cinderblock wall on a nearby property and arrested him. Subsequent DNA testing on the firearm matched Coronado’s DNA. As a previously convicted felon, Coronado knew that he could not possess a firearm and ammunition.
Coronado will remain in custody pending sentencing, which has not been set. At sentencing, Coronado faces 10 years in prison.
The FBI Albuquerque Field Office investigated this case with the assistance of the Las Cruces Police Department. Assistant U.S. Attorneys Christopher McNair and Richard Williams are prosecuting the case.
# # #
24-74
Bread Springs Man Charged with Assault and Federal Firearms OffenseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Arthur Chee Pat appeared in federal court on a criminal complaint charging him with assault with a dangerous weapon and using and carrying a firearm during and in relation to a crime of violence. Pat, 68, of Bread Springs, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.
According to the criminal complaint, on January 22, 2024, John Doe and three other men were gathered in front of Doe’s residence in Bread Springs. Pat, who lived nearby, heard the four men yelling and went to see the nature of the commotion. Pat returned to his residence to retrieve a firearm and then drove to the location of the yelling. When Pat arrived, he told his son (who was one of the men gathered in Doe’s front yard) to get in Pat’s truck. Pat then brandished a firearm and fired three gunshots in the direction of one man and two more in John Doe’s direction, striking Doe once in the knee. Pat then drove away with his son.
John Doe was transported to Gallup Indian Medical Center and was subsequently transferred to the University of New Mexico Hospital in Albuquerque. Pat was detained by law enforcement at his residence soon after the incident. Officers located the handgun in the back of Pat’s vehicle.
A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charges, Pat faces up to life in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Zachary Jones is prosecuting the case.
View the Criminal Complaint# # #
24-72
Newcomb Man Pleads Guilty to Assault Upon a Federal Officer and Assault Resulting in Serious Bodily InjuryRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Kenneth Lee Begay pleaded guilty in federal court to one count of assault upon a federal officer inflicting bodily injury and one count of assault resulting in serious bodily injury. Begay, 59, of Newcomb, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending sentencing, which has not been scheduled.
On June 4, 2023, after Begay interrupted a Chapter House meeting with verbal threats, two Navajo Nation Police Department officers went to his home. As the officers tried to arrest Begay, he unlawfully resisted. Begay struck both officers. One of the officers, Jane Doe, received various injuries, to include cuts, abrasions, and a shoulder injury that persists to the present day.
At sentencing, Begay faces up to 20 years in prison followed by three years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.
View the Plea Agreement# # #
24-70
Arizona Man Pleads Guilty to Domestic ViolenceRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Norbert Michael Tsosie pleaded guilty in federal court to assault of intimate partner by strangulation or suffocation. Tsosie, 31, of Tsalie, Arizona, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been set.
A federal grand jury indicted Tsosie on May 24, 2023. At his plea hearing, Tsosie agreed that on November 2022, he and his intimate partner, Jane Doe argued, and as the argument escalated, he attempted to strangle her.
At sentencing, Tsosie faces up to 10 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Jicarilla Apache Police Department. Assistant U.S. Attorney Kimberly Bell is prosecuting the case.
# # #
24-71
Two Men Sentenced to Prison for Maintaining a Drug-Involved Premises at Motel in AlbuquerqueRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, announced today that Pragneshkumar Patel and Johnathan Craft were sentenced to 30 and 70 months in prison, respectively, for their part in running a drug-involved premises at a motel in Southwest Albuquerque. 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 at 7640 Central Avenue SE in Albuquerque. Patel, 36, of Mobile, Alabama, pleaded guilty to maintaining a drug-involved premises and Craft, 37, of Albuquerque, pleaded guilty to conspiracy and being a prohibited person in possession of a firearm on July 13, 2023.
A federal grand jury returned a Superseding Indictment against Patel, Craft and their co-defendant Kamal Bhula, on November 5, 2019. According to publicly available court records, between March 2018 and June 2019, Patel leased the Best Choice Inn to Bhula, who took over as the on-site manager. Craft lived and worked at Best Choice Inn as a manager, claiming to be in charge when Bhula was away. Craft sold drugs from his room, allowed others to do the same, and permitted individuals to use drugs on the premises. The Best Choice Inn gained profits by imposing a “visitor fee” on individuals who frequented the establishment. As a manager, Craft knew that many of the people for whom a visitor fee was imposed specifically frequented the business to engage in illegal activity, including selling and using drugs. As the owner, Patel profited from the visitor fees imposed on those using and selling drugs at the Best Choice Inn.
“Drug traffickers exploit vulnerable members of our community to generate profits,” said U.S. Attorney Alexander Uballez. “These individuals face enough challenges without predatory business owners using addiction to drive corporate profits. When this greedy out-of-state hotel owner capitalized on the desperation of the most marginalized New Mexicans to line his own pockets, he lost his hotel, tens of thousands of dollars, and his freedom.”
“One of our core missions is to make our communities safer and healthier,” said Towanda R. Thorne-James, Special Agent in Charge of the DEA’s El Paso Division. “The men and women of the DEA will not tolerate local businesses masquerading as legitimate enterprises in order to carry on their illegal drug trafficking.”
“These sentences are a testament to the power of strength in numbers,” said Jason T. Stevens, acting special agent in charge of HSI El Paso. “This multi-agency investigation discovered a dangerous threat to public safety. HSI’s drug-trafficking investigative efforts are a top priority, and our special agents are committed to targeting individuals and trans-national organizations that make it their business to poison our communities for their financial gain.”
Upon their release from prison, Patel and Craft will each be subject to three years supervised release.
Kamal Bhula pleaded guilty to maintaining a drug-involved premises on July 13, 2023, and remains in custody pending sentencing which is scheduled on March 26, 2024.
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 are prosecuting the case.
# # #
24-68
Tse Bonito Man Sentenced to 14 Years in Prison for Sexual Abuse of a MinorRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Gerald Lee was sentenced to 14 years in prison. Lee, 37, of Tse Bonito, and an enrolled member of the Navajo Nation, pleaded guilty to sexual abuse of a minor on Aug. 9, 2023.
A federal grand jury returned an indictment against Lee on Oct. 12, 2022. According to publicly available court documents, on May 15, 2021, when he was 35 years old, Lee forcibly raped the 15-year-old victim, Jane Doe, at his mother’s house within the exterior boundaries of the Navajo Nation. Afterwards, Lee warned Jane Doe not to tell anybody about what he had done, but Jane Doe eventually told a teacher and counselor at her school. Lee initially claimed that he and Jane Doe were in a consensual sexual relationship and that he was intoxicated at the time of the incident before ultimately admitting that he raped Jane Doe.
Upon his release from prison, Lee will be subject to five years of supervised release and must register as a sex offender.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Kimberly Bell is prosecuting the case.
# # #
24-66
Los Lunas Man Who Shot New Mexico State Police Officer in 2022 Pleads Guilty to Federal Firearms OffenseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Caleb Elledge pled guilty to being a felon in possession of a firearm. Elledge, 26, of Los Lunas, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Elledge on June 28, 2022. According to publicly available court records, on Feb. 11, 2022, New Mexico State Police (NMSP) Lt. Jeremy Vaughan was on duty when he pulled in the Mr. Gas Mart located at 1192 Highway 333 in Edgewood to service his vehicle. While in the parking lot, a Mr. Gas Mart employee approached Lr. Vaughan and informed him that there was a woman in distress in the bathroom and that she was possible using illegal narcotics. Lt. Vaugh called for backup. A short time later Lt. Vaughan observed the woman exit the gas station and enter the passenger side of a silver four-door sedan driven by Elledge. Lt. Vaughan approached the vehicle on the passenger side and knocked on the window. At that time, Elledge shifted the vehicle into reverse and accelerated, striking the front end of Lt. Vaughan’s vehicle, then fled from the gas station, striking another vehicle in the course. Lt. Vaughan returned to his vehicle and initiated pursuit.
Lt. Vaughan successfully utilized the pursuit intervention technique (a maneuver that involves intentional, vehicle-to-vehicle contact and consists of a pursuing officer applying lateral pressure with the front corner of their vehicle to the rear quarter panel of the fleeing suspect's vehicle, resulting in a predictable spin) on the sedan and the two cars came to a stop facing southbound with the passenger side of Elledge’s vehicle pinned to the passenger side of Lt. Vaughan’s unit. At that time, Elledge fired a gun into Lt. Vaughan’s unit, striking Lt. Vaughan on the left side of his neck. Lt. Vaughan exited his unit and exchanged gunfire with Elledge before Elledge and the female passenger fled the scene on foot.
Emergency medical services arrived on scene and transported Lt. Vaughan to the University of New Mexico Hospital in Albuquerque. Officers from multiple agencies arrived on scene and set up a perimeter designed to locate Elledge and the female passenger, but they were unsuccessful.
On Feb. 12, 2022, NMSP received a tip as to Elledge and the female passenger’s whereabouts in Macintosh, New Mexico. Agents from NMSP executed a search warrant on a residence located at 31 Juana Lane and Elledge and the female passenger were taken into custody. As he was escorted from the residence, Elledge apologized for shooting the officer. Inside the residence, agents located the handgun Elledge had used during the incident. As a previously convicted felon, Elledge knew that he could not possess a firearm and ammunition.
Lt. Vaughan and many of his colleagues from the New Mexico State Police were in the courtroom when Elledge entered his plea.
Per the terms of his plea agreement, Elledge agreed to be sentenced to 9 years in prison.
The FBI Albuquerque Field Office, Edgewood Police Department, and Bernalillo County Sheriff’s Office assisted the New Mexico State Police with the investigation of this case. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.
View the Plea Agreement# # #
24-67
Apache Corporation to Pay $4 Million and Reduce Unlawful Air Pollution from Oil and Gas Wells in New Mexico and Texas, Eliminating More Than 10,000 Tons of Harmful Air Pollutants AnnuallyRead the Press Release
Apache Corporation (Apache) has agreed to pay $4 million in civil penalties and undertake projects expected to cost at least $5.5 million to ensure 422 of its oil and gas well pads in New Mexico and Texas comply with state and federal clean air regulations and offset past illegal emissions.
Apache’s agreement settles a civil suit – filed jointly by the United States, on behalf of the Environmental Protection Agency (EPA), and the New Mexico Environment Department (NMED) – alleging that Apache failed to comply with federal and state requirements to capture and control air emissions from 23 of its oil and gas production operations in New Mexico and Texas. EPA and NMED identified the alleged violations through field investigations and repeated flyover surveillance conducted in 2019, 2020 and 2022.
Compliance with this robust settlement will result in annual reductions of more than 9,650 tons of volatile organic compounds (VOCs) and 900 tons of methane, which equates to more than 25,000 tons of carbon dioxide (CO2). VOCs are a key component in the formation of ground-level ozone or smog, which irritates lungs, exacerbates diseases including asthma and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis.
“Today’s settlement will ensure compliance at hundreds of oil and gas facilities across New Mexico and Texas,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Under the settlement, over 400 Apache facilities will be required to take extensive steps to reduce emissions of volatile organic compounds – which contribute to smog – as well as methane gas, which is a significant contributor to climate change.”
“Robust enforcement of Clean Air Act violations at oil and gas facilities protects communities from harmful smog and reduces methane emissions that are major contributors to global climate change,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. “Today’s agreement demonstrates EPA’s commitment to working with our state partners to tackle climate change and improve air quality for everyone living in the United States.”
“Noxious pollutants directly threaten the health of neighboring communities while propelling our world toward climate disaster,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “I applaud the tireless efforts of the Department of Justice’s Environment and Natural Resources Division, the U.S. EPA and the NMED to protect our lungs and our earth. Environmental justice is a top priority for the Department of Justice and the U.S. Attorney’s Office for the District of New Mexico.”
“This settlement shows that oil and gas operators deserve greater scrutiny because too many are failing to comply with federal and state rules,” said New Mexico Environment Cabinet Secretary James Kenney. “As a result, bad actors will cause greater federal and state regulation of the entire oil and gas industry as ozone levels rise and public health suffers.”
The $4 million fine outlined in the settlement will be shared equally by the United States and the State of New Mexico, with New Mexico’s portion going to the state’s general fund. The settlement document (consent decree) was filed together with the complaint in the U.S. District Court for the District of New Mexico and requires the company to take numerous steps to ensure that 422 well pads covered by the consent decree and located in New Mexico and Texas are operated lawfully.
In addition to the $4 million fine, Apache will also spend at least $4.5 million to implement extensive design, operation, maintenance and monitoring improvements, including installing new tank pressure monitoring systems that will provide advance notification of potential emissions and allow for immediate response action by the company. Apache will also spend over $1 million to offset the harm caused by the alleged violations by replacing, on an accelerated schedule, more than 400 pollutant-emitting pneumatic devices with non-emitting devices.
Pound for pound, methane is approximately 28 times more powerful than carbon dioxide in terms of its impact on global warming. Accordingly, a reduction of 900 tons of annual methane reductions equates to more than 25,000 tons of carbon dioxide (CO2) and is akin to eliminating the use of more than 2.5 million gallons of gasoline annually. Greenhouse gases from human activities are a primary cause of climate change and global warming. This enforcement settlement furthers EPA’s commitment to deliver public health protections against climate-impacting pollution and other pollutants for communities across America and helps deliver on EPA’s top commitment in its strategic plan, which is to tackle the climate crisis.
The Clean Air Act requires the EPA to set National Ambient Air Quality Standards (NAAQS) for criteria pollutants that are considered harmful to public health and the environment. Ozone is a criteria pollutant that is created when oxides of nitrogen (NOx) and VOCs react in the atmosphere. VOCs and NOx are emitted by oil and gas production facilities, such as those operated by Apache. During the timeframes of Apache’s alleged violations, air quality monitors in the relevant counties in New Mexico registered rising ozone concentrations exceeding 95% of the NAAQS for ozone. In counties where ozone levels reach 95% of the NAAQS, NMED is required by New Mexico state statute to take action to reduce ozone pollution.
Apache Corporation is a wholly owned subsidiary of APA Corporation, which is engaged in the exploration and development of oil and natural gas resources in the United States. Apache Corporation is a large producer in the Permian Basin, which is a shale oil and gas producing area located in southeast New Mexico and West Texas.
This settlement is part of EPA’s National Enforcement and Compliance Initiative, Mitigating Climate Change. EPA also has a webpage on today’s settlement.
The Justice Department’s Environmental Enforcement Section lodged today’s proposed consent decree in the U.S. District Court for the District of New Mexico. The settlement is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing on the Justice Department’s website at www.justice.gov/enrd/consent-decrees. The Federal Register notice will also include instructions for submitting public comment.
Albuquerque Man Sentenced to 15 Years in Prison for Voluntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Silvester Castillo was sentenced to 15 years in prison. Castillo, 38, of Albuquerque, and an enrolled member of the Navajo Nation, pleaded guilty to voluntary manslaughter on July 6, 2023.
According to publicly available court records, on May 31, 2021, officers from the Navajo Nation Police Department responded to a residence in Torreon, New Mexico in reference to a homicide. Officers found Jane Doe in the front yard lying face up with her sweatpants around her ankles and obvious blunt force trauma to her head, face, and body. She was located near a Buick sedan that was still running and had sustained heavy damage to the rear bumper. Castillo was located inside of the residence with blood on his hands, pants, and shoes. Jane Doe’s 4-year-old daughter told law enforcement that her mommy was dead, and that Castillo told her to hide the shovel. During a forensic interview, Jane Doe’s daughter disclosed that she saw Castillo hit Jane Doe with a shovel, remove her clothes, and then run over her face with a car. Castillo then told her not to tell. Castillo’s grandmother also witnessed the incident but waited until daylight to walk to the neighbor’s house for help.
Castillo denied any involvement in Jane Doe’s death. He claimed that she brought him alcohol against his wishes and told him she was a “Skinwalker.” He also claimed that she poisoned him, causing him to lose consciousness. Lastly, Castillo claimed self-defense, stating that Jane Doe had bit his shoulder, cut his hand, and burned his arm. Agents were unable to locate any injuries on Castillo other than an older burn scar.
According to OMI, Jane Doe’s cause of death was blunt force trauma, the manner of death was homicide. Jane Doe suffered significant scalp wounds, including tears and a subarachnoid hemorrhage, with head and facial injuries consistent with a car wheel driving over it. She also had several broken ribs and a lung injury.
Upon his release from prison, Castillo will be subject to three years of supervised release.
The FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorneys Timothy Trembly and Caitlin Dillon are prosecuting the case.
# # #
24-69
New Mexico Landlords to Pay $42,000 to Resolve Alleged Tenant Abuses Arising from HUD’s Section 8 Low-income Housing ProgramRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Bertrand Nelson, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Southcentral Region, announced today that landlords for properties located in Roswell and Albuquerque paid $30,000 and $12,000, respectively to settle allegations that they violated the anti-fraud False Claims Act by charging low-income tenants more than the amount permitted under HUD’s Housing Choice Voucher Program, commonly known as “Section 8”.
The Section 8 program, which is administered by local housing authorities throughout New Mexico and the country, provides a Government subsidy to enable tenants to secure decent housing. The tenant’s share of the rent is determined based upon ability to pay. The total rental amount is determined based upon market rental rates. The program therefore enables tenants to secure decent housing while ensuring that landlords realize full market value for their rental properties.
In the Roswell case, the government alleges that apartment complex operator Turnaround Properties overcharged a vulnerable low-income Section 8 tenant for a period of twelve months, despite notices from the Eastern Regional Housing Authority setting forth lawful rental levels. The Government alleges that Turnaround then retained the excess payments despite a request for a refund from the tenant, who suffers from physical and cognitive limitations. Turnaround collected $832 in excess rent.
In the Albuquerque case, landlord Santana Ortiz demanded excess rent payments from his tenant for a period of more than four years; even documenting the unlawful payments in a sham lease agreement that was concealed from the local housing authority. The Albuquerque tenant felt compelled to comply with the landlord’s demand for excess payments because she had struggled to find safe, decent housing. Mr. Ortiz participated fully in the Government’s investigation and provided a copy of the improper second lease to Government investigators. Mr. Ortiz collected $5,217 in excess rent.
“Low-income families, the elderly, and the disabled deserve dignity in housing,” said U.S. Attorney Alexander Uballez. “That is why Section 8 secures for them the right to decent, safe, and sanitary dwellings. When predatory landlords steal from both the taxpayers and the most vulnerable, we will stand with low-income New Mexican tenants to levy substantial sanctions against those who prioritize profit over people.”
“These settlements represent HUD OIG’s priority in protecting HUD beneficiaries from bad actors who prey on their vulnerability for self-enrichment,” said Special Agent in Charge Bertrand Nelson. “HUD OIG is committed to working with Federal prosecutors to pursue and bring to justice landlords who fraudulently overcharge HUD-assisted tenants in violation of Federal law.”
“A cornerstone of HUD's Section 8 program, and the key to housing affordability in Section 8, is the Brooke Amendment: a Section 8 tenant pays no more than 30% of their monthly income toward rent and utilities. The local public housing agency which is funded by federal grants pays the rest,” said Attorney Thomas Prettyman, who represented both tenants on behalf of New Mexico Legal Aid. “A small but significant minority of Section 8 landlords flaunt these rules and require tenants to pay extra for rent or utilities, making the housing unaffordable and contravening the very purpose of the Section 8 program. Tenants agree to pay the extra money because they are scared. These extra costs often lead to nonpayment, eviction, loss of vouchers, and homelessness. The results achieved by the US Attorney's Office in these two cases demonstrate the stiff penalties for Section 8 landlords that cheat. We hope these cases will help to discourage Section 8 landlords from breaking the rules, so that the Section 8 program can remain affordable for low-income New Mexicans.”
The allegations against Turnaround and Ortiz were brought to the attention of the United States by whistleblowers. The False Claims Act provides for whistleblowers to receive a portion of the amount recovered because of their disclosures. The whistleblowers will receive a share of the settlement proceeds. Absent the willingness of these individuals to come forward, the Government would not have learned of the misconduct by these landlords.
The government’s investigations were led by Assistant United States Attorney Sean Cunniff and Auditor Julie Chappell, and investigators from the U.S. Department of Housing and Urban Development, Office of Inspector General.
This case was prosecuted as a part of the Department of Justice’s Environmental Justice Strategy. Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. This strategy prioritizes cases that will reduce public health and environmental harms to overburdened and underserved communities, including those that hold violators of federal housing laws accountable for their actions. The United States Attorney’s Office for the District of New Mexico partners with federal, tribal, state and local housing agencies and organizations to enable people across the country to live in healthy, thriving communities, and to confirm that justice under the law is justice for all. To learn more about environmental justice or to report a known or suspected environmental violation in New Mexico, please email our Environmental Justice Coordinator at [email protected].
# # #
24-65
Virginia Man Sentenced to 5 Years Probation and Ordered to Pay over $1.5 Million in Restitution for Defrauding the United StatesRead 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, announced that Jerry Shrock was sentenced to 5 years’ probation and ordered to pay $1,542,769.70 in taxes, interest, and penalties. Shrock, 48, of Meadowview, Virginia, pleaded guilty on Nov. 28, 2022, to conspiracy to defraud the United States. Prior to sentencing, Shrock paid more than $430,000 toward his tax debt.
According to court records, beginning in January 2005, David Wellington and his business partner Stacy Underwood operated National Business Services, which promoted, sold and created Limited Liability Companies (LLCs) under New Mexico State Law. For many clients, National Business Services would open bank accounts under the names and IRS employer identification numbers (EINs) of the LLCs, and the clients – whose names were not associated with the bank accounts - would have access to the funds in those accounts. Clients received debit cards, online bank access information and pre-signed checks with Underwood’s signature, which clients could use to access the money despite the bank never associating the client with the account.
In his plea agreement, Shrock admitted that he contacted National Business Services in 2006 for help avoiding federal taxes by incorporating a business in New Mexico. Shrock spoke with Underwood and Wellington and became a client of National Business Services.
Wellington and Underwood created three LLCs in New Mexico for Shrock: White Top Enterprise LLC; Poultry Enterprises LLC; and TALC Properties LLC. Shrock was not listed on the Articles of Organization. Instead, Underwood was listed as the “Organizer,” and National Business Services was the initial registered agent for each of the three LLCs.
On May 9, 2011, Underwood opened a bank account in the business name of White Top Enterprise, LLC, utilizing the company EIN. Underwood was the sole signer on the bank account. Shrock’s name was not associated with the account. Underwood provided Shrock with online access to the bank account and a book of pre-signed checks with her signature. Between May 9, 2011, and June 30, 2015, Shrock caused approximately $4,875,940 to be deposited into the White Top Enterprise LLC bank account, and over the same time period, Shrock and his wife withdrew or caused the withdrawal of approximately $4,875,940. Among the withdrawals was a wire transfer of approximately $352,216 for the purchase of a home.
Prior to his indictment in this case on June 23, 2021, Shrock did not file a personal or business tax return with the IRS reporting the White Top Enterprises LLC income. At the time of the White Top Enterprise LLC deposits and withdrawals, Shrock had a large outstanding IRS lien of approximately $1,026,858 for unpaid taxes, penalties and interest. the White Top Enterprises LLC bank account enabled Shrock to generate and deposit income while evading the outstanding assessment and avoiding personal and business taxes on the income.
On April 24, 2023, Wellington pleaded guilty to conspiracy to defraud the United States and remains on conditions of release pending sentencing, which has not been scheduled. Under the terms of his agreement, Wellington faces up to 5 years in prison followed by up to 3 years of supervised release.
On Oct. 21, 2022, Underwood pleaded guilty to conspiracy to defraud the United States and remains on conditions of release pending sentencing, which has not been scheduled. Under the terms of her agreement, Underwood faces up to 5 years in prison followed by up to 3 years of supervised release.
IRS Criminal Investigation investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.
# # #
24-63
Santa Fe Man Sentenced to 48 Months in Prison for Federal Firearms OffenseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Gilbert Michael Coriz was sentenced to 48 months in prison. Coriz pleaded guilty to being a felon in possession of firearms and ammunition on July 14, 2023.
A federal grand jury indicted Coriz on Dec. 8, 2021. According to publicly available court records, on January 1, 2021, at approximately 2:52 am, Santa Fe Police Department (SFPD) officers were dispatched to the scene of gunshots fired at Coriz’s residence. A neighbor captured the shooting incident on a surveillance recording and showed it to officers. The recording depicted a verbal altercation occurring at approximately 2:30 am among a group of people that resulted in at least two shooters firing gunshots at a vehicle as it fled from Coriz’s residence.
The SWAT team later arrived to extract the occupants from Coriz’s residence using an amplified audio system. Several hours later, three women and four children exited Coriz’s residence. SFPD officers later obtained a state search warrant for Coriz’s residence. The SWAT team cleared Coriz’s residence and located Coriz hiding inside the water heater closet of the garage. The SWAT team detained Coriz and removed him from the garage. At the time, the SWAT team observed a pistol, rifle, and sawed-off barrel shotgun in the garage.
Coriz was previously convicted of aggravated battery, felon in possession of a firearm, tampering with evidence, possession of a controlled substance and residential burglary. As a previously convicted felon, Coriz cannot legally possess firearms or ammunition.
Upon his release from prison, Coriz will be subject to three years of supervised release.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Santa Fe Police Department. Assistant United States Attorney Samuel A. Hurtado is prosecuting the case.
# # #
24-61
Pojoaque Man Sentenced to 30 Months in Prison for Involuntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Kyle Joseph Harney-Chee was sentenced to 30 months in prison. Chee, 31, of Pojoaque, and an enrolled member of the Ohkay Owingeh Pueblo, pleaded guilty in federal court to involuntary manslaughter on Aug. 15, 2023.
According to publicly available court records, on January 16, 2021, Chee was traveling down US Highway 84/285 after consuming marijuana and alcohol. While driving, Chee became distracted by his phone and looked away from the road. While he was looking down at his phone, Chee struck a motorcycle from the rear, killing the driver. Chee immediately stopped on the side of US Highway 84/285 and called 911. Chee informed responders that he had consumed alcohol and smoked marijuana prior to operating the vehicle and complied with the follow-up investigation by following directives and assisting officers. Officers found several pre-rolled marijuana cigarettes, one cigarette half-burned, several grams of marijuana, a pipe with a burned substance, as well as several empty and half empty bottles of liquor in Chee’s vehicle.
Upon his release from prison, Chee will be subject to 3 years of supervised release.
The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorneys Matthew J. McGinley and Mark A. Probasco are prosecuting the case.
# # #
24-59
Mexican Springs Man Pleads Guilty to Second Degree MurderRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Timothy Chischilly pleaded guilty in federal court to second degree murder. Chischilly, 53, of Mexican Springs, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.
Chischilly and his co-defendant, Stacey Yellowhorse, were indicted by a federal grand jury on Aug. 11, 2020. According to publicly available court documents, Chischilly and Yellowhorse, his then girlfriend, invited Jane Doe to sleep over at Chilschilly’s house within the exterior boundaries of the Navajo Nation on the night of Jan. 23, 2020. During the night, Chischilly and Yellowhorse killed Jane Doe by nailing her to the floor, hammering a nail into her head, and bludgeoning her to death. Afterwards, Chischilly and Yellowhorse burned Jane Doe’s body and spread the remains at different locations.
Chischilly confessed to the murder to his family days later.
At sentencing, Chischilly faces up to life in prison.
Yellowhorse remains in custody pending trial, which is currently scheduled for March 25, 2024.
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# # #
24-62
Man Charged with Abusive Sexual Contact with Children Under 12Read the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Tyler Chinana was arraigned in federal court on an indictment charging him with two counts of abusive sexual contact. Chinana, 34, of Jemez Pueblo, and an enrolled member of the Jemez Pueblo, will remain on conditions of release in the third-party custody of a halfway house pending trial, which has not been scheduled.
According to court records, between Jan. 1 and Dec. 31, 2012, Chinana engaged in sexual contact with Jane Doe 1, a child who had not then attained the age of 12 years. Then, between Nov. 4 and Nov. 6, 2022, Chinana engaged in sexual contact with Jane Doe 2, a child who had not then attained the age of 12 years.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Chinana faces up to life in prison.
The FBI Albuquerque Field Office investigated this case with the assistance of the Jemez Pueblo Police Department. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.
View the Indictment# # #
24-60
Brimhall Man Pleads Guilty to MurderRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Gilbert John, Jr. pled guilty in federal court to second degree murder. John, 35, of Brimhall, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted John on March 23, 2022, along with a co-defendant. According to publicly available court records, on July 1, 2019, an individual brought a stolen car to John at his apartment in the Sunset Hills complex in Gallup, New Mexico to dispose of and to sell. When John got in the car to test drive it, he heard John Doe from the trunk cry out for help. The individual who brought John the car told John to “get rid of him.” John understood this statement to mean that he should kill John Doe
John and the other individual drove around through the night and into the next evening, smoking methamphetamines, and eventually stopping on the back roads to Bass Lake. John walked away from the car, at which point John Doe opened the trunk from inside and attempted to escape. John slammed the trunk back down on him, sat on the top of the trunk door and asked the other individual for a machete that he had seen inside of the car. The individual gave the machete to John, who opened the trunk and stabbed John Doe repeatedly with the machete. John and the individual then closed the trunk and sat together on top of the trunk. John and the individual remained on the trunk until they stopped hearing movement from inside.
Afterward, John drove the car with John Doe’s body inside of it to a relative’s house in Standing Rock, New Mexico. Before leaving the car there, John attempted to remove a tracking device, but ended up disabling the car instead.
About ten days later, John asked a friend to tow the car to a remote location north of Church Rock, New Mexico. Once the car had been towed to the location, John released the car and let it roll down a hill out of view of the road and borrowed a gas can which he used to pour gasoline onto the car. John lit the car on fire and left it burning with John Doe’s body inside of it. John did not know John Doe prior to killing him.
On July 16, 2019, charred remnants John Doe’s body were found in the trunk of the car by the McKinley County Fire Department. John Doe was identified only because investigators were able to match serial numbers from John Doe’s medical records to metal hip replacement devices found in the burned-out trunk of the car. The hip replacement devices were the only substantial parts of John Doe’s body that remained after the fire.
In his plea agreement, John expressed remorse for killing John Doe and burning his body. He is facing between seventeen-and-a-half years and twenty-one years in prison at sentencing.
The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorneys Mark A. Probasco and Alexander F. Flores are prosecuting the case.
View the Plea Agreement# # #
24-64
Zuni Man Charged with AssaultRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Joey Luarkie appeared in federal court on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury in Indian County. Luarkie, 23, of Zuni Pueblo, will remain in temporary custody pending a detention hearing which is scheduled for Feb. 8, 2024.
According to the criminal complaint, on Feb. 4, 2024, Luarkie was at the home of Jane Doe in Zuni when her boyfriend, John Doe, knocked on the door. Jane Doe and John Doe went outside and argued for a short time before John Doe entered the residence to get his stuff. Luarkie followed John Doe and Jane Doe into her bedroom, where a physical altercation allegedly ensued, and John Doe was stabbed in the throat. John Doe left the residence and collapsed in the front yard, where responding officers from the Zuni Police Department found Jane Doe performing CPR on him. John Doe was transported to Zuni Health Center before being life-flighted to the University of New Mexico in Albuquerque where he underwent two emergency surgeries.
A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charge, Luarkie faces up to ten years in prison per count.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.
# # #
24-58
Las Cruces Man Pleads Guilty to Commissioning a Murder-for-HireRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jeffrey C. Boshek II, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced today that Leif Everett Hayman pled guilty to one count of use of interstate commerce facilities in the commission of murder-to-hire. Hayman, 33, of Las Cruces, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Hayman on July 20, 2022. According to publicly available court records, between April 10, 2022, and continuing through May 11, 2022, Hayman solicited a hitman to murder his girlfriend's mother by submitting three service requests on the website "rentahitman.com." In his first service request, Hayman stated that he wanted to “hurt” the victim and wrote “I want her gone now, too much that I don’t like about her she’s controlling my wife.” As part of these service requests, Hayman provided the website with the identity of the intended victim including the victim's physical address and photographs of the victim and stated, “this is the target person if you don’t do it I will do it myself I’m already thinking about just doing it myself I want her gone now.” Following those three service requests, Hayman sent numerous follow-up emails to the website between April 20 and May 2, 2022. In those emails, Leif expressed that he was losing patience with how long the process was taking.
On May 5, 2022, an ATF agent, acting in an undercover capacity contacted Hayman. During the conversation, Hayman expressed that he wanted the victim “gone off the Earth.” The agent and Hayman discussed various ways to carry out the killing including the use of a gun, baseball bat, knives, and rocks. On May 6, 2022, Hayman followed up with the undercover agent via text message and provided him with the victim's physical address and a photograph. On May 9, 2022, Hayman had a telephone conversation with the undercover agent. During that call, Hayman indicated to the agent that he lived with staff and that the undercover agent/hitman would also have to harm his caretaker in order for him to leave the home. Hayman ultimately agreed to pay the undercover agent/hitman approximately $200 to murder the victim.
On May 11, 2022, the undercover agent went to Hayman’s house under the auspices of picking him up to carry out the hit on the victim. When the agent showed up, Hayman emerged from the residence with his caretaker in tow. Hayman indicated to the agent that he wanted something done to the caretaker and stated to the agent "this is part of the deal." The caretaker and Hayman began shoving each other and the undercover agent aborted the operation and drove away.
At sentencing, Hayman faces up to 10 years in prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.
# # #
24-57