District of New Mexico

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 Jimmy Roberts Guillen appeared in federal court on an indictment charging him with attempted arson and arson. Guillen, 59, will remain in temporary custody pending a detention hearing.

According to the indictment, on Sept. 3, 2023, Guillen attempted to damage and destroy the Lowe’s store located on North Prince Street in Clovis, New Mexico, by means of fire. Also, on Sept. 3, 2023, Guillen damaged and destroyed the Walmart store located on North Prince Street in Clovis, New Mexico, by means of fire.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Guillen faces up to 20 years in prison.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Clovis Police Department, Roosevelt County Sheriff’s Office, New Mexico State Fire Marshal’s Office, Ninth Judicial District Attorney’s Office and Criminal Investigators at the Ninth Judicial District Attorney’s Office, Curry County Sheriff’s Office, and Portales Police Department. Assistant U.S. Attorney Maria Elena Stiteler is prosecuting the case.

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24-44

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 Nathan Mescale appeared in federal court on an indictment charging him with aggravated sexual abuse. Mescale, 34, of Sanostee, and an enrolled member of the Navajo Nation, will remain in custody pending trial.

According to the indictment, between Dec. 2 and Dec. 3, 2023, Mescale caused Jane doe to engage in a sexual act by using force.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Mescale faces up to life 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 Investigations. Assistant U.S. Attorney Mia Ulibarri-Rubin is prosecuting the case.

View the Indictment

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24-42

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, announced that David Fehr Wiebe appeared in federal court on a criminal complaint charging him with smuggling goods from the United States. Wiebe, 51, of Janos, Chihuahua, Mexico, will remain in custody pending trial, which has not yet been scheduled.

According to the criminal complaint, on Dec. 3, 2023, Wiebe applied for entry into the United States at the Antelope Wells Port of Entry in Hachita, New Mexico. Wiebe stated that he had just departed the same point of entry but had turned around when he was denied entry into Mexico because he lacked the proper documentation to export a vehicle which he was towing. Customs and Border Protection Officers referred the vehicle for secondary inspection, during which time officers located two handguns wrapped in cellophane beneath the center console. Officers placed Wiebe under arrest. When officers asked Wiebe if he understood why he was being arrested, Wiebe responded that it was because of the firearms in the vehicle. Officers asked Wiebe how many firearms where in the vehicle and he stated that there was a total of 14.

Officers located four rifles between the back seat and the back panel of the vehicle, three handguns, and multiple shotguns. During a subsequent interview, Wiebe told officers that he purchased the firearms in Seminole, Texas with the intent of smuggling them to Mexico and that he was going to be paid $350 for each weapon.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charges, Wiebe faces up to 10 years in prison.

Homeland Security Investigations investigated this case. Assistant U.S. Attorney Mark Saltman is prosecuting the case.

View the Criminal Complaint

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24-41

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, announced that David Pasillas Martinez appeared in federal court on a criminal complaint charging him with being an alien in possession of a firearm. Pasillas Martinez, 52, of Ciudad Juarez, Chihuahua, Mexico, will remain in custody pending trial, which has not yet been scheduled.

According to the criminal complaint, on Jan. 7, 2024, while conducting surveillance at the Las Cruces Gun Show in Las Cruces, agents with Homeland Security Investigations (HSI) observed a vehicle with Chihuahua, Mexico license plates which was registered to Pasillas Martinez. Agents observed Pasillas Martinez leave the gun show and place a firearm in the rear passenger side door of his vehicle before he drove away. Agents followed Pasillas Martinez from Las Cruces to El Paso, Texas. A short time later, a New Mexico State Police trooper executed a traffic stop on Pasillas Martinez for impeding traffic in a safety corridor. After the stop, HSI agents conducted an investigation of Pasillas Martinez, who agreed to speak to agents.

Pasillas Martinez told agents that he was a Mexican national and had travelled to Las Cruces to attend the gun show and purchase a firearm because he knows vendors there will not ask for identification when selling a firearm. Pasillas Martinez stated that he purchased three or four rifles and a pistol to take to Juarez, Chihuahua, Mexico for sport shooting and planned to register the firearms in Mexico. Pasillas Martinez identified himself as a Municipal Police Officer in Juarez and stated that he knew it was illegal to purchase firearms in the U.S. and export them to Mexico.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charges, Pasillas Martinez faces up to 15 years in prison.

Homeland Security Investigations investigated this case. Assistant U.S. Attorney Mark Saltman is prosecuting the case.

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24-43

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 a federal grand jury returned a superseding indictment charging Sheldon Carlton Daye with two counts of involuntary manslaughter. Daye, 30, of Vanderwagon, and an enrolled member of the Navajo Nation, will remain on conditions of release pending trial.

According to the indictment, on or about Oct. 2, 2022, Daye killed John and Jane Doe by operating a motor vehicle without due caution and circumspection and with a wanton and reckless disregard for human life.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Daye faces a maximum of 16 years 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 Mark Probasco is prosecuting the case.

View the Superseding Indictment

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24-10

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 James Adam Metts and Demetrius Antonnie Bailey have been charged in relation to a summer 2023 crime spree. Bailey, 40, of Albuquerque, previously appeared in federal court on an indictment charging him with one count of interference with commerce by robbery and being a felon in possession of a firearm and ammunition. Today, Metts, 45, of Albuquerque, appeared in federal court on an indictment charging him with eight counts of interference with commerce by robbery, using, carrying and brandishing a firearm during and in relation to a crime of violence, and being a felon in possession of a firearm and ammunition. Bailey and Metts will remain in temporary custody pending a detention hearing, which is scheduled for January 29, 2024.

According to the indictment, on July 11, 2023, Metts and Bailey allegedly took tools from Harbor Freight Tools using force, violence and fear of injury. During the incident, Metts pointed a firearm at John Doe 1, an employee of Brosnan Security at Harbor Freight Tools. Additionally, on Sept. 28, 2023, Bailey allegedly possessed a firearm and ammunition, knowing that he had previously been convicted of multiple crimes.

Following the July robbery, Metts allegedly robbed a Metro by T-Mobile of cash and merchandise using force, violence and fear of injury on Aug. 26, a T-Mobile on Sept. 1, another Metro by T-Mobile on Sept. 9, a Verizon on Sept. 12, another T-Mobile on Sept. 14, and a JC Penney and third T-Mobile on Sept. 16. During the Sept. 16 incident at T-Mobile, Metts allegedly brandished a firearm.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Bailey faces up to 20 years in prison followed by 3 years of supervised release. Metts faces a minimum of seven years and up to 20 years in prison, followed by five years of supervised release.

The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Maria Elena Stiteler is prosecuting the case.

View the Indictment

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24-39

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 Zachary Ray Gonzales was sentenced to 63 months in prison. Gonzales, 28, of Hobbs, pleaded guilty in federal court to being a felon in possession of a firearm on July 10, 2023.

According to court records, on March 19, 2022, deputies from the Lea County Sheriff’s Office conducted a traffic stop on Gonzales for an arrest warrant for first-degree murder. Gonzales was arrested and the vehicle he had been driving was towed. Deputies secured a search warrant for the vehicle. During the resulting search, deputies located a handgun on the rear passenger side floorboard. Gonzales had multiple prior felony convictions. As a previously convicted felon, Gonzales could not possess a firearm or ammunition.

In 2023, Gonzales pled guilty to state charges of voluntary manslaughter, armed robbery, and conspiracy to commit armed robbery and was sentenced to 15 years in state prison, which will run consecutive to the federal 63-month sentence.  Therefore, Gonzales will serve over 20 years in prison between his state and federal time. Upon his release from prison, Gonzales will be subject to 3 years of supervised release.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Lea County Sheriff’s Office. Assistant United States Attorney Ry Ellison is prosecuting the case.

View the Plea Agreement

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24-38

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 Tyrell Jordan Benally appeared in federal court on an indictment charging him with assault resulting in serious bodily injury. Benally, 25, of Shiprock, and an enrolled member of the Navajo Nation, will remain in custody pending trial.

According to the indictment, on January 1, 2024, Benally assaulted Jane Doe and the assault resulted in serious bodily injury.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Benally faces up to 10 years in prison.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Jena Ritchey is prosecuting the case.

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24-37

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, announced today that a federal grand jury returned a second superseding indictment charging Saul Castorena and his brother Steven Castorena with conspiracy to take a hostage, two counts of hostage taking, conspiracy to harbor illegal aliens, and two counts of harboring an illegal alien. Saul is also charged with being a felon in possession of a firearm and ammunition and possession of a firearm not registered with the National Firearms Registration and Transfer Record. Saul, 41, and Steven, 40, both of Sunland Park, remain in custody pending trial, which is currently scheduled for Feb. 26, 2024.

According to the indictment, between Jan. 15 and Jan. 18, 2023, Saul and Steven detained and threatened to kill or injure two people who had entered and remained in the United States in violation of law unless a third party paid a ransom for their release. During this time, Saul, knowing that he had previously been convicted of conspiracy to transport aliens for financial gain and transporting aliens for financial gain, possessed a firearm and ammunition, specifically a shotgun with a barrel less than 18 inches, that was not registered in the National Firearms Registration and Transfer Record.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Saul and Steven both face up to life in prison.

Homeland Security Investigations investigated this case with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Randy Castellano and Devon Aragon Martinez are prosecuting the case.

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24-33

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced that Anthony Stephen and Whitney Bisetti appeared in federal court on an indictment charging them with one count each of firearms trafficking conspiracy and transfer of a firearm not registered with the National Firearms Registration and Transfer Record. Stephen is charged with an additional count of transfer of a firearm not registered with the National Firearms Registration and Transfer Record. Stephen, 34, and Bisetti, 22, both of Albuquerque, were released on conditions pending trial, which has not yet been scheduled.

According to the indictment, between May 12 and Aug. 31, 2023, Stephen and Bisetti transferred a firearm to another person knowing that the use, carrying, and possession of a firearm by the recipient would constitute a felony. On Aug. 9, 2023, Stephen and Bisetti transferred a rifle with a barrel length less than 16 inches and an overall length less than 26 inches that was not registered in the National firearms Registration and Transfer Record. On Aug. 31, 2023, Stephen transferred a rifle with a barrel length less than 16 inches and an overall length less than 26 inches that was not registered in the National Firearms Registration and Transfer Record. The transfers are alleged to have occurred while Stephen and Bisetti worked at the Shooter’s Den store in Albuquerque.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Stephen and Bisetti face up to 15 years in prison.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. The United States Attorney’s Office for the District of New Mexico is prosecuting the case. This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

 

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24-36

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 Cole Ray Shorty pled guilty to voluntary manslaughter. Shorty, 19, of Tohajilee and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Shorty on Sept. 27, 2022, along with his co-defendant, Keon Apachito. In his plea agreement, Shorty admitted that he went to John Doe’s home on May 27, 2022, to retrieve a backpack that he believed John Doe has stolen. Shorty approached John Doe while he was seated in his car in the driver’s seat and opened the back door of the car to look for his backpack. John Doe got out of the car with a baseball bat and a knife. After a struggle, John Doe dropped the bat. Shorty picked up the bat and hit John Doe with the baseball bat in his head, then left, leaving John Doe lying unconscious on the ground. The Office of the Medical Inspector’s found that the cause of John Doe’s death was blunt head trauma.

Per the terms of his plea agreement, Shorty faces up to 15 years in prison.

Apachito remains in custody pending trial, which is currently scheduled for June 10, 2024.

The FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant U.S. Attorneys Brittany DuChaussee, Meg Tomlinson and Mark Probasco are prosecuting the case.

View the Information View the Plea Agreement

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24-34

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 Olan Jumbo appeared in federal court on an indictment charging him with involuntary manslaughter and assault resulting in serious bodily injury. Jumbo, 30, of Fort Defiance, Arizona, and an enrolled member of the Navajo Nation, 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 indictment, on Nov. 26, 2022, Jumbo killed Jane Doe by unlawfully operating a motor vehicle with wanton and reckless disregard for life and assaulted John Doe with a motor vehicle, causing serious bodily injury.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Jumbo faces up to 10 years 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 Meg Tomlinson is prosecuting the case.

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24-35

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 Corey Patrick Saffell, Ceasar Enrique Mendoza, and Robert Edward Embly, aka Eddie, made initial appearances in federal court on an indictment charging them with two counts each of the deprivation of rights. Saffell, 34, of Jal, Mendoza, 28, and Embly, 43, both of Hobbs, will remain in custody pending detention hearings, which have been scheduled for Jan. 29, 2024.

According to the indictment, between July 30 and July 31, 2021,  Saffell, Mendoza, and Embly were employed as police officers with the Jal Police Department in Lea County when they allegedly violated John Doe’s constitutional rights to be free from unreasonable seizure by a law enforcement officer, including the right to be free from an unlawful arrest and the right to be free from unreasonable use of force by a law enforcement officer. The officers conduct resulted in bodily injury to John Doe and included the use of a dangerous weapon.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, all three men face up to 10 years in prison.

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Hobbs Police Department, Carlsbad Police Department, Lea County Sheriff’s Office, Jal Police Department, and New Mexico State Police. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.

View the Indictment

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24-27

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 Brian Kain Purdy and Sabino Alfonso Maldonado, two of the 12 defendants arrested during a joint enforcement operation last year in Carlsbad, both pleaded guilty to conspiracy to smuggle goods from the United States and conspiracy to smuggle goods from the United States. Purdy, 42, of Carlsbad, will remain on conditions of release pending sentencing, which has not been scheduled. Maldonado, 32, of Carlsbad, will remain in custody pending sentencing, which has not been scheduled.

In their plea agreements, Purdy and Maldonado admitted that on March 8, 2023, they picked up six firearms in Carlsbad at the direction of a co-conspirator and, together with another individual, wrapped them in towels and loaded them into a Jeep, hiding them underneath other items in the Jeep. Purdy and Maldonado then turned the Jeep over to another individual, who had traveled to Carlsbad from Mexico in order to pick up the firearms and transport them back to Mexico. As the individual from Mexico began to drive back to Mexico with the firearms, he was stopped by law enforcement officer, and the firearms were seized. The seized firearms are all controlled on the Commerce Control List, and neither Purdy nor Maldonado had obtained a license and written authorization to export the firearms. Purdy and Maldonado admitted that they knew that the attempted exportation of the firearms was in violation of the law.

At sentencing, Purdy and Maldonado both face up to 10 years in prison, followed by three years of mandatory 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 led the investigation, 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 investigation was conducted as part of the Organized Crime Drug Enforcement Task Force. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

View Purdy's Plea Agreement View Maldonado's Plea Agreement

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24-31

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 Ellery Brent Yazzie appeared in federal court on a criminal complaint charging him with murder, assault with a dangerous weapon, assault resulting in serious bodily injury, and using and carrying a firearm during and in relation to a crime of violence. Yazzie, 36, of Pinehill, and an enrolled member of the Navajo Nation, will remain in custody pending trial, which is currently not scheduled.

According to the criminal complaint, on the morning of Dec. 22, 2023, the Ramah Navajo Police Department received an emergency call from a witness who stated that Ellery Brent Yazzie shot his father, sister, and brother at a residence in Pinehill following a verbal argument. When officers arrived at the residence, they found the two males deceased and Yazzie alive with an apparent self-inflicted gunshot wound to the head. The witness had attempted to drive the third victim to the hospital but linked up with an ambulance enroute which transported the victim to Zuni Hospital. Physicians advised a special agent from the FBI that the victim sustained life-threatening injuries and would have died without timely medical care. The victims were all enrolled members of the Navajo Nation.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charges, Yazzie faces up to life in prison.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Ramah Navajo Police Department. Assistant U.S. Attorneys Caitlin L. Dillon and Jena Ritchey are prosecuting the case.

View the Criminal Complaint

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24-28

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 Alvin White was sentenced to 57 months in prison. White, 54, of Little Water, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty to assault with a dangerous weapon and entered into an agreement with the government on February 1, 2023. In his plea agreement, White also agreed to cooperate and provided testimony in the now-concluded trial against his co-defendant, Raydell Billy.

According to court documents, on the evening of April 11, 2022, White and his co-defendants, Raydell Billy and Raynorma Billy, burst into John Doe’s home and attacked him. At Raydell’s trial, White testified that he and Raydell Billy attacked John Doe with the intent to commit bodily harm. He testified that they both hit John Doe and that Raydell Billy discharged a firearm in John Doe’s direction. After Raydell Billy discharged the round and rapped the pistol across John Doe’s skull, the three assailants left, and in anger one of them riddled John Doe’s car with bullet holes.

Raynorma Billy pleaded guilty on February 28, 2023, to being a conspirator, admitting that she, Raydell Billy, and Alvin White discussed and agreed to assault John Doe. Raynorma was sentenced to time served, followed by three years of supervised release. Raydell was found guilty of assault with a dangerous weapon on March 8, 2023, and sentenced to 120 months in prison.

This case was investigated by the Farmington office of the Federal Bureau Investigation and by Navajo Nation Office of Criminal Investigations.  It was prosecuted by Assistant U.S. Attorneys Alexander F. Flores and Matthew J. McGinley.

View the Plea Agreement

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24-29

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 Myles Delando Luciano was sentenced to 46 months in prison. Luciano, 27, of Las Cruces, pleaded guilty to one count of interference with commerce by threats or violence on May 1, 2023.

In his plea agreement, Luciano admitted that on July 27, 2022, he and Joshua Lopez wrongfully obtained property from Lowe's Home Improvement by taking the property without paying for it using the threat of force, violence, and fear. Luciano admitted that the items of property they stole had moved in interstate commerce and that, as a result, interstate commerce was further delayed, obstructed, and impacted by our actions because the store was forced to expend time and resources for law enforcement to investigate the robbery.

Upon his release from prison, Luciano will be subject to 3 years of supervised release.

Joshua Lopez, 26, of Las Cruces, pleaded guilty to three counts of interference with commerce by threats or violence on Aug. 8, 2023. Lopez remains in custody pending sentencing, which is currently not scheduled.

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Las cruces Police Department. Assistant United States Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.

View the Plea Agreement

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24-30

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that on Jan. 23, 2024, a federal jury returned two guilty verdicts against Kyle Aguilar, 41, of San Felipe and an enrolled member of the San Felipe Pueblo, after four hours of deliberation. The jury convicted Aguilar of two counts of abusive sexual contact. Judge James O. Browning presided.

A federal grand jury issued a superseding indictment against Aguilar on Oct. 4, 2023. According to evidence presented at trial and other publicly available court records, between Aug. 13, 2016, and Feb. 13, 2017, when Aguilar was drunk, he touched Jane Doe’s genitalia and breasts over her clothing. Jane Doe locked herself in a room to watch a movie. Aguilar unlocked the door and came into the room. He started to massage Jane Doe's back, before he touched her breasts and genitals over the clothes. Jane Doe stated she froze when this happened as it had never happened before. She then claimed she heard her sister calling for her and left the room. Jane Doe was between the ages of 12 and 16 when this happened. The incidents came to light during a visit to the doctor in February of 2017, when Jane Doe told her doctor that Aguilar had inappropriately touched her on more than one occasion when he was drunk.

Aguilar will remain on conditions of release pending sentencing, which has not been scheduled. At sentencing, Aguilar faces up to four years in prison.

The Bureau of Indian Affairs investigated this case. Assistant United States Attorneys Nicholas J. Marshall and Mia Ulibarri-Rubin are prosecuting the case.

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24-32

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 Stephen Jaymes Montano appeared in federal court on an indictment charging him with assault upon a federal officer inflicting bodily injury. Montano, 28, of Grants, will remain in temporary custody pending a detention hearing, which is scheduled for January 25, 2024.

According to the indictment, on Sept. 21, 2023, Montano intentionally assaulted John Doe, an officer and employee of the New Mexico Department of Corrections, while John Doe was assisting officers and employees of the United States Marshals Service in the performance of official duties. Montano allegedly inflicted bodily injury by throwing a bicycle at John Doe.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Montano faces 20 years in prison.

The FBI Albuquerque Field Office investigated this case with assistance from the New Mexico State Police Investigations Bureau. Assistant U.S. Attorney Kimberly Bell is prosecuting the case.

View the Indictment

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24-26

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 Crandall Craig Martin was arraigned today in federal court on an indictment charging him with being a prohibited person in possession of a firearm. Martin, 40, of Shiprock, and an enrolled member of the Navajo Nation, will remain in custody pending trial in this case.

According to the indictment, on August 10, 2022, Martin possessed a firearm knowing that he had been previously convicted of both felony offenses and a misdemeanor crime of domestic violence. The government alleges that Martin stole a shotgun from the Navajo Nation Police Department evidence locker intending to exchange it for alcohol. Martin was apprehended without incident by Navajo Nation Police shortly after taking the shotgun.

An indictment is only an allegation. All defendants are presumed innocent unless and until proven guilty. If convicted, Martin faces up to 10 years in prison and up to three years of supervised release thereafter.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Zachary Jones is prosecuting the case.

View the Indictment

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24-25

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge for the FBI Albuquerque Office, announced today that on Jan. 19, 2024, a federal jury returned a guilty verdict against Joel Ruiz, 65, of Dulce, after a day and a half of deliberation. The jury convicted Ruiz of aggravated sexual abuse. Judge David H. Urias presided.

A federal grand jury issued an indictment against Ruiz on March 8, 2022. According to evidence presented at trial and other publicly available court records, between January 2016 and January 2020, Ruiz used candy to lure a child under the age of 12 into his trailer where he sexually assaulted her. The incident occurred on the Jicarilla Apache Reservation, but neither Ruiz, nor the victim, are registered members of the tribe.

During her testimony, Jane Doe 1 testified that Ruiz abused her when she was six or seven years old.   The jury also heard from Jane Doe 2, who testified that Ruiz abused her once when she was three or four years old. Jane Does 1 and 2 both stated that Ruiz lured them into his trailer by offering them candy and described the same form of abuse.

Ruiz will remain in custody pending sentencing, which has not been scheduled. At sentencing, Ruiz faces a mandatory minimum of 30 years 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 Attorneys Caitlin L. Dillon and Matthew J. McGinley are prosecuting the case.

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24-24

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 Carlos Arturo Quintana pled guilty to conspiracy to distribute 100 kilograms and more of a mixture and substance containing a detectable amount of marijuana, intending and knowing that said controlled substance would be unlawfully imported into the United States. Quintana, 41, of Namiquipa, Chihuahua, Mexico, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury issued a third superseding indictment against Quintana and 10 co-conspirators on July 23, 2015. According to court records, in March of 2011, a confidential informant (“CI”) and another individual ordered 600 kilograms of marijuana from Elmy Hermosillo Trujillo. Trujillo was known to be the person who arranged all bulk purchases of marijuana for the Juarez Cartel, which is responsible for disseminating multi-ton loads of cocaine, marijuana, and other illicit drugs throughout the United States each year. Juarez Cartel is one of the oldest and most powerful criminal organizations in Mexico. Since its beginnings, the cartel has focused on drug trafficking, but has expanded into other criminal activities such as human trafficking, arms trafficking, kidnapping, extortion, and large-scale commercial gasoline theft from the Mexican government.

On or about March 19, 2011, the CI and the other individual, as well as other coconspirators, met with Quintana in Gomez Farias, Chihuahua, Mexico. Quintana arrived wearing a police uniform, driving a marked police vehicle, and was accompanied by other uniformed officers. Quintana and the other officers delivered the 600 kilograms of marijuana in a dump truck. The CI and the other individual then placed a GPS tracking device with the marijuana.

On or about March 26, 2011, according to data being transmitted from the GPS tracker, the marijuana was located at a drug storage house in Ciudad Juarez, Mexico. Mexican law enforcement authorities searched the house at that location. A shootout occurred at that location which left one subject dead and resulted in the arrest of three co-conspirators and the escape of others. The marijuana, as well as several firearms, radios, and cell phones were seized at that time.

Quintana was identified as the Police Chief of Namiquipa, as well as the Plaza Boss of the Juarez Cartel, and extradited to the United States in August of 2022.

In his plea agreement, Quintana admitted that from Feb. 2011 to March 2011, he was involved in a conspiracy with others to distribute 600 kilograms of marijuana in the Republic of Mexico and knew the marijuana would be unlawfully imported into the United States. At sentencing, Quintana faces not less than five years nor more than 40 years in prison.

Raul Corella-Hernandez, Marco Antonio Guzman-Zuniga, Elmy Hermosillo Trujillo, Jorge Olivas Nevarez, Jorge Adrian Ortega-Gallegos, and Guadalupe A Prieto remain fugitives.

The FBI Albuquerque Field Office investigated this case with assistance from the Drug Enforcement Administration and the Las Cruces-Doña Ana County Metro Narcotics Agency. The Justice Department’s Office of International Affairs provided significant assistance in securing the arrest and extradition of Quintana from Mexico. Assistant United States Attorneys Maria Y. Armijo and Randy M. Castellano are prosecuting the case.

View the Third Superseding Indictment View the Plea Agreement

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24-23

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 Garrick Richard Shendo-Herrera pled guilty in federal court to assault with intent to commit another felony. Shendo-Herrera, 36, of Mescalero, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending sentencing, which has not been scheduled.

In his plea agreement, Shendo-Herrera admitted that on May 16, 2023, he assaulted Jane Doe in a car parked in the driveway of his residence.

At sentencing, Shendo-Herrera faces 10 years in prison, followed by 3 years of supervised release.

The Las Cruces Resident Agency of the Federal Bureau Investigation investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorney R. Eliot Neal is prosecuting the case.

View the Information View the Plea Agreement

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24-22

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, announced today that Michael Rivera was sentenced to 35 years in prison. A federal jury convicted Rivera, 33, of Santa Clara, on July 11, 2023, of one count of coercion and enticement of a minor and two counts of production of a visual depiction of a minor engaging in sexually explicit conduct after less than two hours of deliberation. 

A federal grand jury indicted Rivera on Sept. 21, 2022. According to the evidence at trial and other publicly available court records, in 2020, Rivera befriended a minor identified as Jane Doe. Doe and Rivera became close. One day in March of 2021, when Doe was 12 years old, Rivera stopped at a convenience store and bought alcohol for both. He then drove to a secluded area of town and parked the car. Rivera then initiated sexual intercourse with Doe in the car. Afterward, Rivera told Doe that she could not tell anyone because he could get in trouble.

Following the incident, Rivera maintained contact with Doe by phone. Later that same year, Rivera began requesting that Doe send him naked photos and videos of herself via text message. Rivera received several items of child sexual abuse material from Doe.

At sentencing, the court found that Rivera gained Jane Doe’s family’s trust so that he could be alone with the victim, groomed her in preparation of commissioning a sexual act or sexual contact and was able to later entice her to produce child pornography.

Upon his release from prison, Rivera will be subject to 30 years of supervised release and must register as a sex offender.

Homeland Security Investigations investigated this case with the assistance of the Grant County Sheriff’s Office, the Las Cruces Police Department, and the Federal Bureau of Investigation. Assistant United States Attorneys Marisa A. Ong, Eliot Neal and Matilda McCarthy Villalobos prosecuted the case.

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24-21

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 Ulrick Bruce Canyon pled guilty to arson of a dwelling. Canyon, 40, of Farmington and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

In his plea agreement, Canyon admitted to completely burning down a residence within the exterior boundaries of the Navajo Nation on Aug. 28, 2023. Canyon started the fire by pouring lighter fluid in the bedrooms of the residence, then, after lighting the fire, threw two propane tanks into the fire. Canyon then left the residence with a wheelbarrow full of his clothing, at which time he was intercepted by Navajo Nation Police officers.

At sentencing, Canyon faces up to life in prison.

The Farmington Resident Agency of the FBI Albuquerque Field Office with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations investigated this case. Assistant U.S. Attorney Matthew J. McGinley is prosecuting the case.

View the Indictment View the Plea Agreement

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24-20

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 Lucinda Ann Yuzos was sentenced to 41 months in prison. Yuzos, 49, of Mescalero, and an enrolled member of the Mescalero Apache Tribe, pled guilty in federal court on Apr. 25, 2023, to assault of an intimate partner resulting is substantial bodily injury.

According to court records, on the evening of May 31, 2022, Yuzos assaulted the victim, John Doe. When responding officers arrived, they found John Doe sitting on the front steps of the residence with blood dripping down his forehead from underneath a hat. When John Doe removed the hat, officers observed a large gash—approximately 6 inches long—on the victim’s forehead with exposed bone. Officer’s immediately contacted Mescalero Fire Rescue (MFR), and after they evaluated the victim, it was determined that the injuries were so severe the victim needed immediate transportation via medevac to University Medical Center in El Paso, Texas.

The victim spent four days in the hospital. His right orbital floor was fractured, he had a large blowout type fracture of his right orbital wall including displaced bone fragments in his sinuses requiring surgery. Since the initial surgeries, the victim has traveled to the Eye Institute of New Mexico in Albuquerque for eight additional surgeries, and he is still being treated for the injuries inflicted by Yuzos.

In her plea agreement, Yuzos admitted to hitting John Doe with a blunt object. During the sentencing hearing, Yuzos admitted that the object was a 2x4.

Upon her release from prison, Yuzos will be subject to 3 years of supervised release.

The FBI Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorney Joni Autrey Stahl is prosecuting the case.

View the Plea Agreement

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24-19

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Towanda R. Thorne-James, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division, announced the results of a law enforcement operation that resulted in fifteen defendants being charged with federal drug trafficking offenses. The operation followed a DEA led investigation into a significant drug trafficking organization based in Albuquerque.

During the enforcement operation, law enforcement authorities executed federal search warrants at thirteen residences and seized approximately 102 pounds of meth, 21 kilograms of cocaine, 2.8 kilograms of heroin, approximately 10,000 fentanyl pills, 34 firearms, and approximately $124,000 in cash.  At least 8 of these firearms were “ghost guns,” which lack serial numbers. 

During the investigation leading up to the search warrants, law enforcement authorities seized over 20 kilograms of methamphetamine and 10 kilograms of fentanyl. 

The defendants are charged with conspiring to distribute fentanyl, cocaine, heroin, and methamphetamine between August 19, 2020, and November 29, 2023. Three defendants face additional charges for distribution of a controlled substance within one thousand feet of Wilson Middle School in southeast Albuquerque.

A criminal indictment is only an allegation. The defendants are presumed innocent unless and until proven guilty.  If convicted, the defendants face sentences of at least five years in prison. 

The Drug Enforcement Administration investigated this case with the assistance of the Rio Rancho Police Department, the Pojoaque Pueblo Police Department, the Laguna Police Department, the Albuquerque Police Department, the Bernalillo County Sheriff’s Office, the Sandoval County Sheriff’s Office, the New Mexico State Police, Homeland Security Investigations, the United States Marshals Service, the U.S. Fish and Wildlife Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.  The Bureau of Alcohol, Tobacco, Firearms, and Explosives was instrumental in assisting the Drug Enforcement Administration in recovering the 34 firearms referenced above.

The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. Assistant U.S. Attorneys David Hirsch and Joseph Spindle are prosecuting the case.

View the Superseding Indictment

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24-17

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Amy Lueders, Acting Deputy Director of Operations for the U.S. Fish and Wildlife Service, announced today that a federal grand jury returned an indictment charging David Mendoza-Enriquez with conspiracy to violate the Lacey Act, which prohibits the transport and sale of certain wildlife, in connection with the tiger cub seized in Albuquerque early last year. Mendoza-Enriquez, aka “Cholo,” 40, of Albuquerque, was also one of 15 defendants charged with drug trafficking in a separate superseding indictment.

According to the indictment, between Nov. 20, 2022, and Jan. 10, 2023, Mendoza-Enriquez conspired with others to import the tiger cub from Mexico into New Mexico and sell it for thousands of dollars. 

On January 10, 2023, the Albuquerque Police Department, with the assistance of the Drug Enforcement Administration and U.S. Fish and Wildlife Service,  located and seized the tiger cub in Albuquerque after responding to an unrelated call. The tiger cub, now named “Duke,” was transferred to the ABQ BioPark, and later to the Wild Animal Sanctuary in Keenesburg, Colorado.

The following photographs appeared in the indictment to illustrate Mendoza-Enriquez’s possession of Duke.  They include a distinctive tattoo on Mendoza-Enriquez’s right hand.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Mendoza-Enriquez faces up to 5 years in prison.

The U.S. Fish and Wildlife Service investigated this case with the New Mexico Department of Game and Fish, the Drug Enforcement Administration, the Albuquerque Police Department, the Rio Rancho Police Department, the Pojoaque Pueblo Police Department, the Laguna Police Department, the Bernalillo County Sheriff’s Office, the Sandoval County Sheriff’s Office, the New Mexico State Police, the United States Marshals Service, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.

The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. Assistant U.S. Attorneys David Hirsch and Joseph Spindle are prosecuting the case.

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24-18

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Amy Lueders, Acting Deputy Director of Operations for the U.S. Fish and Wildlife Service, announced today that a federal grand jury returned an indictment charging David Mendoza-Enriquez with conspiracy to violate the Lacey Act, which prohibits the transport and sale of certain wildlife, in connection with the tiger cub seized in Albuquerque early last year. Mendoza-Enriquez, aka “Cholo,” 40, of Albuquerque, was also one of 15 defendants charged with drug trafficking in a separate superseding indictment.

According to the indictment, between Nov. 20, 2022, and Jan. 10, 2023, Mendoza-Enriquez conspired with others to import the tiger cub from Mexico into New Mexico and sell it for thousands of dollars. 

On January 10, 2023, the Albuquerque Police Department, with the assistance of the Drug Enforcement Administration and U.S. Fish and Wildlife Service,  located and seized the tiger cub in Albuquerque after responding to an unrelated call. The tiger cub, now named “Duke,” was transferred to the ABQ BioPark, and later to the Wild Animal Sanctuary in Keenesburg, Colorado.

The following photographs appeared in the indictment to illustrate Mendoza-Enriquez’s possession of Duke.  They include a distinctive tattoo on Mendoza-Enriquez’s right hand.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Mendoza-Enriquez faces up to 5 years in prison.

The U.S. Fish and Wildlife Service investigated this case with the New Mexico Department of Game and Fish, the Drug Enforcement Administration, the Albuquerque Police Department, the Rio Rancho Police Department, the Pojoaque Pueblo Police Department, the Laguna Police Department, the Bernalillo County Sheriff’s Office, the Sandoval County Sheriff’s Office, the New Mexico State Police, the United States Marshals Service, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.

The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. Assistant U.S. Attorneys David Hirsch and Joseph Spindle are prosecuting the case.

View the Indictment

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24-18

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 Jose Maria Reyes-Fuentes and his brother Juventino Darinel Reyes-Fuentes pled guilty in federal court to assault upon a federal officer involving physical contact. Jose Maria, 23, and Juventino Darinel, 29, both Mexican nationals, will remain in custody pending sentencing, which has not been scheduled.

According to court documents, on Aug. 20, 2023, a Border Patrol Agent from the Santa Teresa Patrol Station was pursuing a group of five to seven migrants using an all-terrain vehicle (ATV). After a brief search, the agent located Juventino Darinel hiding in a bush. The agent pulled Juventino Darniel out of the bush and began to handcuff him. After the agent had placed the first handcuff on, but before the agent had completed securing him, Juventino Darinel began to resist the agent. During the ensuing struggle, Juventino Darinel shouted, at which time Jose Maria rose up approximately 20 yards away and ran towards the agent with a stick. The agent disengaged from Juventino Darinel, drew his duty weapon, and commanded Jose Maria to stop in Spanish. Juventino Darinel then tackled the agent and climbed on top of him. While he was on the ground, Jose Maria made contact with the agent during the altercation. The agent felt Juventino Darinel reach for his weapon and commanded him to stop in Spanish again. The agent then fired his weapon at Juventino Darniel’s leg. The firearm malfunctioned and the agent lost control of the weapon.

Juventino Darniel disengaged from the agent and Jose Maria wrestled the agent’s weapon from the agent before tossing the weapon away. Juventino Darinel and Jose Maria then mounted the agent’s ATV and drove into the dessert.

Other agents tracked the ATV and located it at the bottom of a mesa. Juventino Darinel and Jose Maria were located on top of the mesa by a Border Patrol helicopter. Agents climbed the mesa and located the two men and arrested them.

At sentencing, Juventino Darinel and Jose Maria face up to eight years in prison.

The Las Cruces Resident Agency of the Federal Bureau Investigation investigated this case with assistance from the U.S. Border Patrol. Assistant U.S. Attorney Matthew Ramirez is prosecuting the case.

View the Criminal Complaint View Jose Maria's Plea Agreement View Juventino's Plea Agreement

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24-15

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, John Morales, Special Agent in Charge of the Federal Bureau of Investigation’s El Paso Field Office, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Ricardo Arce, III was sentenced to 90 months in prison. Arce, 44, of Chaparral, New Mexico, pled guilty in federal court on Sept. 22, 2021, to conspiracy to take a hostage and two counts of hostage taking.

In his plea agreement, Arce admitted to conspiring with his co-defendants, Jonathan Matthew Gonzalez and Vicki Sowell, to take two foreign nationals’ hostage. Gonzalez transported the hostages to Arce’s residence in Chaparral, took their phones and wallets, and told them they were not allowed to leave unless their families paid money to secure their release. While held against their will, Gonzalez assaulted both of the hostages. Arce recorded videos of Gonzalez assaulting one of the hostages while Sowell turned up music to cover the sounds of the beating. Gonzalez sent the videos to the hostage’s family along with a demand for money. Gonzalez threatened to kill the hostages if they did not pay the ransom.

Family and friends of the hostages paid nearly $20,000 in an attempt to secure their release. Gonzales paid Arce and Sowell to house and watch the hostages.

Upon his release from prison, Arce will be subject to 5 years of supervised release.

Gonzalez pled guilty to conspiracy to take a hostage and two counts of hostage taking on March 18, 2022, and was sentenced to 15 years in prison. Sowell was convicted of conspiracy to take a hostage and two counts of hostage taking and sentenced to 32 months in prison.

The FBI El Paso Field Office investigated this case with assistance from the FBI Las Cruces Resident Agency, El Paso Police Department, Las Cruces Police Department, Otero County Sheriff's Office, Doña Ana County Sheriff's Office, U.S. Border Patrol El Paso Sector and Border Patrol El Paso Sector Special Operations Detachment BORTAC. Assistant U.S. Attorney Matthew Ramirez is prosecuting the case.

View the Indictment View the Plea Agreement

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24-16

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Betrina Harry Grey appeared in federal court on an indictment charging her with escape. Betrina, 32, of Pinedale, and an enrolled member of the Navajo Nation, will remain in temporary custody pending a detention hearing, which is scheduled for January 12, 2024.

According to the indictment, Grey knowingly escaped from custody at the Diersen Charities Residential Re-entry Center, an institutional facility in which she was lawfully confined to following her conviction for involuntary manslaughter and assault resulting in serious bodily injury on Nov. 11, 2022.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the most serious allegation, Grey faces five years in prison followed by three years of supervised release.

The U.S. Marshals Service investigated this case. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.

View the Indictment

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24-14

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 Jose Louise Trujillo pled guilty to conspiracy, interference with federally protected activities, using and carrying a firearm during and in relation to a crime of violence, discharging said firearm, and possession with intent to distribute fentanyl. Trujillo, 22, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Trujillo on May 24, 2023, along with his father, Demetrio Trujillo, and Solomon Peña. According to court records, Trujillo helped Peña with his political campaign for District 14 of the New Mexico House of Representatives during the November 2022 mid-term elections. Specifically, Trujillo allowed Peña to use Trujillo’s bank account to channel approximately $5,155 to his political campaign. Following his electoral defeat in November 2022, Peña decided to pressure members of the Bernalillo County Board of Commissioners to refuse to certify the results of the election and paid Trujillo to help him.

On Nov. 21, 2022, the Bernalillo County Board of Commissioners voted to certify the results of the election. On Dec. 11, 2023, Trujillo and Peña drove to the home of an election official, and Trujillo fired a gun which Peña provided to him at the residence. On Jan. 3, 2023, Trujillo and his father and Peña drove to the home of a former candidate whom Peña had chosen to target based on their position and carried out a second shooting.

Following that incident, Trujillo was stopped by a deputy from the Bernalillo County Sheriff’s Office and arrested. At the time, Trujillo was driving Peña’s car. When the car was searched, deputies located the firearms and ammunition that Peña, Trujillo and Trujillo’s father had used to carry out the shooting earlier that day and 893 fentanyl pills.

At sentencing, Trujillo faces up to life in prison followed by 5 years of supervised release and may be ordered to pay fines not to exceed $1,750,000.

Solomon Peña and Demetrio Trujillo are currently scheduled to stand trial in June 2024.

The FBI Albuquerque Field Office investigated this case with the Albuquerque Police Department and the Bernalillo County Sheriff’s Office. Trial Attorney Ryan Crosswell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico are prosecuting the case.

View the Indictment View the Plea Agreement

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24-13

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 Jeremy Isaac Lopez appeared in federal court on a criminal complaint charging him with possession with intent to distribute a mixture and substance containing a detectable amount of methamphetamine. Lopez, 28, will remain in temporary custody pending a detention hearing.

According to the criminal complaint, on April 19, 2023, officers from the Pueblo of Pojoaque Tribal Police Department attempted to detain Lopez at the Cities of Gold Casino in Santa Fe on a arrest warrant for failure to comply with his conditions of release related to a pending state armed robbery charge. Officers observed Lopez inside the casino and followed him outside to his car where he got in the driver’s seat of a car. When officers commanded Lopez to exit the vehicle, Lopez put the vehicle in drive and accelerated forward, smashing into a parked vehicle. Officers contained and disabled the vehicle. Lopez was then removed from the vehicle and placed under arrest.

A search incident to the arrest located approximately 12 grams of suspected methamphetamines, on Lopez’s person as well as an additional 7 grams of suspected Heroin and 53 grams of suspected Fentanyl in the vehicle.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the most serious allegation, Lopez faces 20 years in prison.

The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Pueblo of Pojoaque Tribal Police Department and Espanola Police Department. Assistant U.S. Attorney Robert James Booth II is prosecuting the case.

View the Criminal Complaint

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24-12

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 Phillip Edward Lahi, Sr. pleaded guilty to abusive sexual contact in Indian Country. Lahi Sr., 72, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, will remain in custody pending sentencing, which has not been scheduled.

According to his plea, sometime between Nov. 1, 2021, and December 1, 2021, Lahi Sr. engaged in abusive sexual contact with a minor while hugging her. The victim, identified as Jane Doe, who is also a member of Zuni Pueblo, was less than twelve years old at the time.  By the terms of the plea agreement, Lahi faces up to 8 years in prison and must 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 Brittany DuChaussee is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

View the Indictment View the Plea Agreement

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24-10

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 Dustin Roy Rockmen and Kenzie Roy Rockmen appeared in federal court on an indictment charging them with coercion and enticement of a minor, transfer of obscene material to a minor, sexual abuse of a minor, and sexual abuse. Dustin Roy Rockmen is also charged with the distribution of obscene visual representations of the sexual abuse of a child and possession of child pornography. Dustin Roy Rockmen, 32, of Navajo, New Mexico, and Kenzie Roy Rockmen, 24, of Hunters Point, Arizona, will remain in temporary custody pending a detention hearing.

According to the indictment, between Oct. 16, 2020, and Jan. 10, 2022, Dustin Roy and Kenzie Roy coerced Jane Doe, a minor, into engaging in sexual activity with both men using threats and by placing Jane Doe in fear of her life. Subsequently, Dustin Roy Rockmen transferred and distributed obscene material depicting him engaging in sexual activity with Jane Doe.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Dustin Roy Rockmen and Kenzie Roy Rockman face 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 the New Mexico Office of the Medical Investigator. Assistant U.S. Attorney Robert James Booth II is prosecuting the case.

View the Indictment

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24-11

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 Donavan Henry was sentenced to 13 months in prison, with restitution to the Crime Victim’s Reparations Commission for funeral expenses, and additional restitution to his living victim and to his deceased victim’s next of kin. Henry, 40, of Tohatchi, an enrolled member of the Navajo Nation, pled guilty to involuntary manslaughter in Indian Country on July 14, 2023.

According to court documents, on November 2, 2022, Henry was driving east on Route 134 in Sheep Springs, New Mexico, with two passengers when he lost control of his vehicle. The car went off the two-lane road and flipped when it hit a boulder. All three occupants were ejected. A Navajo Police officer arrived to find Henry underneath the vehicle and his two passengers lying on the ground near the vehicle.

Henry was airlifted to San Juan Regional Medical Center. The front-seat passenger, John Doe 1, also a member of the Navajo Nation, was placed in an ambulance bound for Northern Navajo Medical Center. The back-seat passenger, John Doe 2, was placed in an ambulance going to Gallup Indian Medical Center. John Doe 1 died of his injuries while in the back of the ambulance before it left the scene. Henry’s blood-alcohol content, which was drawn at the hospital following the wreck, was .16.

Upon his release, Henry will be subject to mandatory alcohol treatment and three 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 the New Mexico Office of the Medical Investigator. Assistant United States Attorney Zachary Jones is prosecuting the case.

View the Indictment View the Plea Agreement

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24-9

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 Camille Damon, Ronald Belone and Tyran Begay appeared in federal court on an indictment charging them with first degree murder and kidnapping resulting in death. Begay, 38, of Teec No Pos, Arizona, will remain in custody pending trial, which has not been scheduled. Damon, 44, of Mexican Springs, New Mexico, Belone, 40, of Yahtahey, New Mexico, will remain in temporary custody pending a detention hearing, which is scheduled for Friday, January 5, 2024. All 3 defendants are enrolled members of the Navajo Nation.

According to the indictment, between Feb. 6 and Feb. 15, 2020, Damon, Belone and Begay kidnapped John Doe before killing him in a remote location near Smith Lake, New Mexico. John Doe was restrained, beaten, and strangled with a ligature.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Damon, Belone and Begay face mandatory life imprisonment.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the McKinley County Sheriff’s Office. Assistant U.S. Attorney Mark Probasco is prosecuting the case.

View the Indictment

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24-8

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 Federal Bureau of Investigation’s Albuquerque Field Office, announced that Myron Benally was sentenced to 27 months in prison. Benally, 39, of Shiprock, and a registered member of the Navajo Nation, pled guilty in federal court to assault resulting in serious bodily injury on Aug. 18, 2023.

According to court documents, on June 27, 2019, Benally assaulted a 13-month-old infant in his care, causing serious bodily injury including a broken arm.

Upon his release from prison, Benally will be subject to 3 years of supervised release.

The FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorney Mark Probasco is prosecuting the case.

View the Indictment View the Plea Agreement

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24-6

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 Santiago Quintana was sentenced to 10 years in prison. Quintana, 70, of Santo Domingo, and a member of the Santo Domingo Pueblo, pleaded guilty to abusive sexual contact on Sep. 21, 2023.

According to court documents, on Jan. 25, 2023, the Bureau of Indian Affairs received an allegation involving the sexual abuse of children from a school principal. A Forensic Interviewer from the FBI interviewed the victim who stated that she and her sibling had been sexually abused by Quintana for about six years, beginning when they were 6 and 7 years old, and the siblings had both witnessed Quintana sexually abusing the other. In his plea agreement, Quintana admitted to engaging in sexual contact with the victim who was over the age of twelve years but had not yet attained the age of sixteen years.

Upon his release from prison, Quintana will be subject to 15 years of supervised release and must register as a sex offender.

The FBI Albuquerque Field Office investigated this case with assistance of the Bureau of Indian Affairs. Assistant United States Attorney Robert James Booth II is prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Steven O’Neil appeared in federal court on an indictment charging him with two counts of assaulting and impeding a federal employee using a deadly and dangerous weapon. O’Neil, 39, will remain in temporary custody pending a detention hearing, which has not been scheduled.

According to court records, on December 21, 2021, O’Neil was convicted of being a felon in possession of a firearm and ammunition and sentenced to 27 months in prison to be followed by 3 years of supervised release. On August 11, 2023, the court issued an arrest warrant because O’Neil absconded from his term of supervised release.  On August 15, 2023, as John Doe 1 and John Doe 2, officers with the U.S. Marshals Service, executed the arrest warrant, O’Neil intentionally assaulted John Doe 1 and John Doe 2 with a black Chevrolet Suburban while the officers were engaged in their official duties.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, O’Neil faces up to 20 years imprisonment and up to three years of supervised release thereafter.

The U.S. Marshals Service investigated this case with the assistance of the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Eva M. Fontanez is prosecuting the case.

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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 Dylon Scott Sandia appeared in federal court on an indictment charging him with assault upon a federal officer involving physical contact. Sandia, 32, of Jemez Pueblo, and an enrolled member of the Jemez Pueblo, will remain in custody pending trial, which is currently scheduled for February 12, 2024.

According to the indictment, on May 29, 2023, Sandia intentionally assaulted an officer with the Jemez Pueblo Police Department, who, by virtue of a special law enforcement commission, is considered a federal officer, while the officer was engaged in the performance of his official duties.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Sandia faces 8 years in prison followed by 3 years of supervised release.

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.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Towanda R. Thorne-James, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division, announced today that a federal grand jury returned an indictment charging Jennifer Lynn Miller with possession with intent to distribute 400 grams or more of fentanyl and 50 grams or more of methamphetamine and with escape for leaving the custody of Maya’s Place, an institutional facility in which she was lawfully confined.  Miller, 43, of Albuquerque, will remain in custody pending trial, which has not been scheduled.

According to the criminal complaint, on Sept. 21, 2023, Agents from the Drug Enforcement Administration executed a search warrant at the Querque Hotel and discovered multiple bundles of fentanyl and suspected methamphetamine in a room allegedly rented by Miller.  Inside of the room, Agents found a Bill of Sale for a vehicle or vessel with the buyer’s name listed as “Jennifer Miller.”  Additionally, Agents found that “Jennifer Miller” was the name associated with the room rental and the credit card used to purchase the room.  The address and phone number provided for the room was linked to an address and phone number associated with the name “Miller.” On Oct. 10, 2023, as a part of Miller’s conditions of release pending indictment, Miller was released to the custody of Maya’s Place, a transitional housing program.   On October 23, 2023, Miller allegedly escaped from Maya’s Place in violation of her conditions of release.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Miller faces not less than 10 years and up to life in prison for each of the drug offenses and 0-5 years of imprisonment for the escape charge.

The Drug Enforcement Administration investigated this case with assistance from the Albuquerque Police Department.  Assistant U.S. Attorney Blake Nichols is prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced that Anthony Lutz appeared in federal court on an indictment charging him with a single count of unlawful dealing in firearms. Lutz, 41, of Albuquerque, will remain on conditions of release pending trial.

According to the indictment, between approximately Sept. 21, 2019, and Aug. 4, 2023, Lutz engaged in the business of dealing firearms without a license.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Lutz faces up to 5 years imprisonment and up to 3 years of supervised release thereafter.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with the assistance of Homeland Security Investigations. The United States Attorney’s Office for the District of New Mexico is prosecuting the case. This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Towanda R. Thorne-James, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division, announced today that a federal grand jury returned a second superseding indictment charging Buddy Eugene Gallegos, 42, of Albuquerque, New Mexico with three counts of possession with intent to distribute, one count of felon in possession of a firearm and one count of possessing a firearm in furtherance of a drug trafficking crime. 

According to the second superseding indictment, on April 13, 2022, Gallegos allegedly possessed 11 firearms and ammunition knowing he was previously convicted in New Mexico state court for a felony offense, and did so in furtherance of trafficking methamphetamine, cocaine, and fentanyl. 

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Gallegos faces up to life in prison.

The Drug Enforcement Administration’s El Paso Division investigated this case.  Assistant United States Attorney Samuel A. Hurtado is prosecuting the case.

View the Second Superseding Indictment

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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 Courtney Frank was sentenced to 30 months in prison. Frank, of Shiprock, an enrolled member of Navajo Nation, pled guilty to involuntary manslaughter on September 14, 2023.

According to court documents, on September 28, 2022, 19-year-old Frank was intoxicated when she drove a car over the center line of a country road in Shiprock and struck an oncoming car head-on. The other driver survived the initial impact but died at the scene. The decedent’s son was also injured in the wreck. Frank’s BAC was .327.

Upon her release from prison, Frank will be subject to three years of supervised release.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and Department of Criminal Investigations and the New Mexico State Police. Assistant United States Attorney Zachary C. Jones is prosecuting the case.

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ALBUQUERQUE – Last week, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and federal prosecutors from the United States Attorney’s Office (USAO) hosted New Mexico Governor Michelle Lujan Grisham and representatives from 13 federal agencies that serve New Mexico. The meeting focused on ongoing efforts to reduce violent crime in Albuquerque by the Federal Bureau of Investigations (FBI), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Drug Enforcement Administration (DEA) and U.S. Marshals Service (USMS) and the partnership between federal and state law enforcement agencies to increase public safety.

U.S. Attorney Uballez opened the meeting by outlining the unique and close relationship between federal, state, and local law enforcement in New Mexico wherein federal law enforcement surgically targets drivers of violent crime for federal investigation and prosecution. Governor Lujan Grisham expressed her wholehearted support for federal criminal enforcement, and enthusiasm for the partnership, while noting that previous broadly targeted efforts to arrest had negligible impacts on violent crime. U.S. Attorney Uballez offered that the reason why federal resources are best used in a targeted fashion at the worst drivers of violence, freeing up state law enforcement to address lower-level crimes. U.S. Attorney identified the USAO’s policy of community violence intervention as the only law enforcement approach to result in statistically meaningful reductions in violent crime. This coordinated focused deterrence model identifies drivers of violent crime and offers support to those who chose peace, and federal criminal enforcement to those who chose violence.

To highlight law enforcement efforts, Special Agent in Charge Raul Bujanda of the FBI Albuquerque Field Office discussed the Violent Crime Task Force, a partnership between federal and state law enforcement agencies where federal agents and cross-designated Task Force Officers (TFOs) from local and state law enforcement agencies work together to target drivers of violent crime. Next, Special Agent in Charge Brendan Iber from the ATF’s Phoenix Field Division and Special Agent in Charge Jeffrey Boshek from the ATF’s Dallas Field Division discussed crime gun intelligence efforts including crime gun tracing and the National Integrated Ballistic Information Network (NIBIN), which captures and compares ballistic evidence to aid in solving crimes. Next, Assistant Special Agent in Charge John E. Gonzalez from the DEA discussed their data-driven Operation Overdrive which targets violent criminals and drug traffickers linked to overdose deaths. Finally, Chief Deputy U.S. Marshal Russell Lashley highlighted Operation North Star where Marshal’s deputies arrested violent offenders with outstanding warrants.

U.S. Attorney Uballez summarized that cross-designation is the key to the relationship—TFOs from state and local law enforcement and Special Assistant United States Attorneys (SAUSAs) from local district attorney’s offices are a force multiplier and a critical bridge between agencies.

The federal agencies also discussed the pernicious threat posed by transnational criminal organizations (TCOs) operating human smuggling operations on New Mexico’s southern Border. Criminal Chief Aaron Jordan, of the U.S. Attorney’s Las Cruces Branch Office, described the combined efforts of the Departments of Justice and Homeland Security in Joint Task Force Alpha to target command-and-control elements of TCOs, charging their leadership and seizing their money. Chief Jordan also described the USAO’s focused effort to charge all migrants and smugglers who pose a demonstrable threat to public safety in New Mexico. Chief Patrol Agent Anthony Good from U.S. Border Patrol Deputy and Deputy Special Agent in Charge Jason T. Stevens from Homeland Security Investigations described how the number of migrant deaths in the El Paso Sector doubled from 2022 to 2023, how smuggling organizations recruit minors to drive migrants, how the conditions in “stash houses” where migrants are kept are inhumane, and how migrants face extortion, violence, and rape at the hands of their smugglers.

Other attendees from federal agencies included Chief U.S. Probation Officer Ronald Travers from U.S. Probation and Parole, Special Agent in Charge William Mack from the U.S. Secret Service, Resident Agent in Charge Brenda Gonzales from the Bureau of Indian Affairs, Special Agent in Charge Albert Childress from the Internal Revenue Service, Assistant Inspector in Charge Greg Torbenson from the U.S. Postal Inspection Service, and Special Agent in Charge Victoria Owens from U.S. Fish and Wildlife Service. All of the participants expressed a commitment to partner with other federal, state, and local law enforcement agencies to address violent crime in not only Albuquerque, but the entire state.

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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 Michael David Fox was sentenced to 1 year and 1 day in prison and ordered to pay a $4,000 fine. Fox, 60, of Las Cruces, pleaded guilty to interstate transmission of threatening communication on Sept. 20, 2023.

According to court documents, on May 18, 2023, Fox left a voicemail for the office of a congresswoman for the District of Texas, calling her a “tranny and a pedophile” and threatening to “put a bullet” in her face. Law enforcement was able to trace the call to Fox.

On May 26, 2023, Special Agents from the Federal Bureau of Investigation interviewed Fox at his residence in Las Cruces and he admitted to making the threat. Fox claimed to believe that transgender individuals had infiltrated the government and other institutions and that he was part of a movement aimed at “eradicating” those people.

At sentencing, the court found that Fox intentionally selected the congresswoman as a victim because he mistakenly believed she was transgender, and therefore the court applied a hate crime motivation enhancement to his sentence.

In his plea agreement, Fox acknowledged that he was not intoxicated or under the influence of drugs when he made the call and that he was not merely making a political argument, idle talk, an exaggeration, or a joke.

“While everyone is entitled to believe irrational ideas, no belief entitles someone to threaten violence,” said U.S. Attorney Uballez. “Hate crimes drive division and fear and we have no room for either. Federal law enforcement will stand up for our community by delivering very real consequences to very real threats, even when they are driven by fantasy.”

“Hate crimes are not only an attack on a victim; these violent acts threaten and intimidate an entire community.” said FBI Special Agent in Charge Raul Bujanda. “The FBI and our partners will not tolerate crimes motivated by hate, and we will vigorously pursue those that commit them.”

Upon his release from prison, Fox will be subject to 3 years of supervised probation.

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Lindy Carpenter is prosecuting the case.

In response to growing incidents of hate, Attorney General Merrick Garland directed the Justice Department to develop the United Against Hate (UAH) community outreach program. Led by U.S. Attorneys, the program improves hate crime and incident reporting by teaching community members how to identify, report, and prevent acts of hate. The program also helps to build trust between community and law enforcement and strengthens local networks to combat unlawful acts of hate. 

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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 Jonathan John James was sentenced to 46 months in prison. James, 59, of Tsaile, Arizona, pleaded guilty to travel with intent to engage in illicit sexual conduct on April 5, 2023.

According to court documents, on April 20, 2022, James followed a child as she shopped with her grandfather at a Home Depot in Gallup, New Mexico. When her grandfather went to the bathroom, James approached the child, told her she was attractive and gave her his telephone number, written on a wet wipe package, in hopes they would communicate. The child told her grandfather what had occurred and provided a physical description of James.

Afterwards, the grandfather began communicating with James. He told James his name was “Simone,” he was 11 years old, and would turn 12 years old next week. The communication became sexual in nature and James shared he did not care that “Simone” was only 11 years old. After about a week, the grandfather called the FBI and consented to a search of his phone and for them to assume the identity of “Simone” and continue communicating with James.

James’s communications with the FBI continued to be sexual in nature. James sent adult pornography – approximately 25 images, including an image that is likely of his own penis - and requested to meet up so he could perform sexual acts on “Simone.” James shared he lived near Tsaile, Arizona, but could come to Gallup, New Mexico to meet with “Simone.” James stated the graphic sexual things he planned to do to “Simone” when they met up. They formed a plan to meet on May 5, 2022, and “Simone” requested that he bring a Dr. Pepper for her when they met in the park, and he replied he would bring her a bracelet too.

When James arrived at the meeting time in the park, the FBI arrested him. James possessed a bracelet and a Dr. Pepper. James waived his rights and admitted he was at the park because he drove across state lines to engage in sexual activities with a 12-year-old named “Simone.” He also confirmed his cell phone number. As part of the search of his vehicle law enforcement found two types of condoms and a USB thumb drive.

Upon his release from prison, James will be subject 5 years of supervised release and must register as a sex offender upon his release from prison.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the FBI Child Exploitation Human Trafficking Task Force. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case as part of Project Safe Childhood (PSC).

PSC is a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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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 Adrian Puentes appeared in federal court on an indictment charging him with 2 counts of coercion and enticement of a minor. Puentes, 24, of Albuquerque, will remain on conditions of release pending trial, which has not been scheduled.

According to the indictment, between June 29, 2021, and December 1, 2021, Puentes coerced Jane Doe 1, a minor, to engage in sexual activity. Also, between October 19, 2021, and March 23, 2023, Puentes coerced Jane Doe 2, a minor, to engage in sexual activity.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Puentes faces a minimum of 10 years to life in prison.

The FBI Albuquerque Field Office investigated this case with the assistance of the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Jesse Pecoraro is prosecuting the case.

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