District of New Mexico
Press releases recorded for this federal judicial district.
Crownpoint Woman Pleads Guilty to Involuntary ManslaughterRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Ryntana Yazzie pled guilty to involuntary manslaughter. Yazzie, 34, of Crownpoint, and an enrolled member of the Navajo Nation, was placed on conditions of release pending sentencing, which has not been scheduled.
According to court documents, on August 4, 2020, Yazzie had been drinking alcohol and was driving south on Highway 371 outside Farmington when her vehicle veered into oncoming traffic and struck a truck driven by John Doe, who was driving northbound. John Doe died as a result of the crash.
At sentencing, Yazzie may face up to 8 years in prison followed by 3 years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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23-259
Espanola Man Pleads Guilty to Conspiracy to Commit KidnappingRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Luis Mariscal-Lopez pled guilty to conspiracy to commit kidnapping. Mariscal-Lopez, 25, of Espanola, will remain in custody pending sentencing, which has not been scheduled.
According to court records, on January 14, 2018, Mariscal-Lopez and Jorge Dominguez, 28, of Espanola, conspired with Crystal Ramos, deceased, and another individual to kidnap, assault and murder Jane Doe because she stole and used Ramos’ ATM card. To that end, Ramos and the fourth individual lured Jane Doe from Buffalo Thunder Casino to Ramos’ house within the exterior boundaries of Santa Clara Pueblo where Mariscal-Lopez and Dominguez lay in wait. When Jane Doe entered the house, the group assaulted her, tied her to a chair and confined her to a bedroom where they had laid down plastic on the floor and walls. Mariscal-Lopez and Dominguez, and the others, continued to assault Jane Doe with various objects including a rifle butt and an axe handle, strangled her, and Ramos used a drill in her side until Jane Doe died. The group then wrapped Jane Doe’s body in plastic and loaded it into the trunk of a car.
A few days later, Ramos, Mariscal-Lopez, Dominguez and Johnny Black drove to a remote location near Velarde, New Mexico and attempted to dismember Jane Doe’s body with a chainsaw but were unsuccessful. Instead, they dug two shallow pits and set Jane Doe’s remains on fire. When the group noticed a helicopter in the air near their location, they extinguished the fire, moved Jane Doe’s remains to a toolbox and drove back to the house, where they poured concrete over her remains and left it stored in the garage.
Jane Doe was reported missing and her case was investigated as missing person case. A detective interviewed Ramos about Jane Doe’s disappearance in March of 2018. Following the interview, the toolbox was removed from Ramos’ house and buried near the Rio Ojo Caliente, north of Espanola. Statements made to law enforcement during an unrelated investigation led to the recovery of Jane Doe’s partial remains.
Johnny Black pled guilty on April 8, 2020, to using, carrying and brandishing a firearm during and in relation to a crime of violence and being an accessory after the fact in relation to the disposal of Jane Doe’s remains. Black was sentenced to 171 months in prison. Crystal Ramos died in a shootout with police in Denver, Colorado on June 14, 2018.
The FBI Albuquerque Field Office investigated this case with assistance from the Espanola Police Department, Santa Fe County Sheriff’s Office, Bureaus of Indian Affairs, and New Mexico State Police. Assistant United States Attorneys Nicholas J. Marshall and Caitlin L. Dillon are prosecuting the case.
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23-257
Justice Department Awards $10.5 Million in Grants to New Mexican Tribes and Organizations for Domestic Violence PreventionRead the Press Release
ALBUQUERQUE – During Domestic Violence Awareness Month, the Justice Department announced that it awarded 17 grants totaling $10.5 million to two Tribal governments and 15 organizations in the District of New Mexico through its Office on Violence Against Women (OVW) and Office for Victims of Crime (OVC). The grants were made possible through authorization under the Violence Against Women Act (VAWA) and the Victims of Crime Act (VOCA).
The Department awarded 496 grants totaling more than $251.1 million to bolster coordinated community responses aimed at bringing an end to domestic violence, as well as sexual assault, dating violence, and stalking. The grants will reach communities across the United States, including Tribal nations, historically marginalized communities, underserved communities, college and university campuses, rural towns, and more. The funding prioritizes increasing access to justice, bolstering survivor safety, holding perpetrators accountable, and offering training and technical support to professionals addressing these crimes.
Data from the most recent National Intimate Partner and Sexual Violence Survey indicate that about 41% of women and 26% of men experience contact sexual violence, physical violence, and/or stalking by an intimate partner and report an intimate partner violence-related impact during their lifetime. Domestic violence rates are even higher for American Indian and Alaska Native populations, Black individuals, people of color, people with disabilities, and LGBTQI+ individuals.
U.S. Attorney Alexander M.M. Uballez joins the U.S. Department of Justice in paying tribute to victims and survivors whose bravery makes justice possible, and saluting the dedication of advocates, service providers, justice professionals, law enforcement officers, and first responders who tirelessly work to secure that justice.
“Everybody deserves to feel safe in their home,” said U.S. Attorney Uballez. “We must believe survivors when they come forward, support them when they testify against their abusers, and have systems in place to aid them in healing. The Department of Justice is proud to announce over $10.5 million in grant funds awarded to two Tribal governments and 15 other New Mexican organizations to support outreach, prevention, intervention, services, and training relating to domestic violence.”
The following New Mexican Tribal governments and organizations received federal grants to support survivors and fight domestic violence:
- Capacity Builders, Inc. and the American Indian Development Associates, LLC each received $500,000 from the OVC Developing Future Victim Specialists to Serve American Indian Victims of Crime grant.
- The Pueblo of Jemez and Santo Domingo Pueblo received $900,000 and $664,869, respectively, from the OVW Grants to Indian Tribal Governments Program grant.
- The Coalition to Stop Violence Against Native Women received $382,188 from the OVW Grants to Tribal Domestic Violence and Sexual Assault Coalitions grant.
- The New Mexico Coalition of Sexual Assault Program received $950,000, the Phoenix House Sexual Assault and Domestic Violence Resource Center received $750,000, the New Mexico Immigrant Law Center received $750,000, the Tri-County Family Justice Center of Northeast New Mexico received $616,950, and the Community Against Violence, Inc. received $500,000 from the OVW Rural Domestic Violence, Sexual Assault, and Stalking Program grant.
- Casa Fortaleza received $495,000 from the OVW Sexual Assault Services Culturally Specific Program grant.
- La Casa received $550,000 from the OVW Transitional Housing Assistance for Victims of Domestic Violence, Sexual Assault, and Stalking grant.
- New Mexico Coalition Against Domestic Violence received $108,034 from the OVC State and Territorial Sexual Assault and Domestic Violence Coalitions Program grant.
- New Mexico Coalition of Sexual Assault Program received $232,584 from the OVC State and Territorial Sexual Assault and Domestic Violence Coalitions Program grant.
- New Mexico Dream Center of Albuquerque received a total of $1.8 million from the OVC Integrated Services for Minor Victims of Human Trafficking and OVC Services for Victims of Human Trafficking grant.
- New Mexico Immigrant Law Center received $800,000 from the OVC Services for Victims of Human Trafficking grant.
"We are thrilled to receive funding to support the Tribal Victim Specialist Internship (TVSI) III for a third three-year cycle,” said President Ada Pecos Melton of the American Indian Development Associates, LLC. “Through the TVSI III, we are helping to link individuals interested in working with victims living in rural or remote Tribal settings with Tribes serving as host sites. The TVSI helps Tribes build programs that attract qualified and culturally informed individuals to strengthen and grow their victim services workforce. We thank OVC for funding this project in NM and across the nation with other providers."
“Everyone has a role to play in ending gender-based violence,” added U.S. Attorney Uballez. “Every day, federal law enforcement and prosecutors work hand-in-hand with our local and tribal counterparts to protect survivors and seek justice. As a community, we owe these brave survivors support outside of the courtroom. If you or someone you know is a victim of domestic violence, speak out. We will be here for you.”
Organizations interested in applying for these and other grants are encouraged to visit the OVW and OVC websites for more details and application guidelines.
Immediate help for domestic violence victims is available through the National Domestic Violence Hotline (@ndvhoffiial) at 1-800-799-7233 or the Strong Hearts Native Helpline (@strongheartsdv) at 1-844-762-8483. To find additional information on local support and resources by state, visit: https://www.justice.gov/ovw/local-resources.
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23-256
Farmington Man Charged with First Degree Murder, Assault and Federal Firearms Offenses to Remain in Jail Pending TrialRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Hanson Tsosie appeared in federal court on an indictment charging him with one count of first degree murder, two counts of assault with a dangerous weapon, one count of assault resulting in serious bodily injury, two counts of using and carrying a firearm during and in relation to a crime of violence and one count of being a prohibited person in possession of a firearm and ammunition. Tsosie, 33, of Farmington, and an enrolled member of the Navajo Nation, will remain in custody pending trial, which has not been scheduled.
According to the indictment, on September 5, 2021, Tsosie allegedly killed Jane Doe 1 by shooting her and assaulted John Doe and Jane Doe 2 with a firearm. The alleged assault on Jane Doe 2 resulted in serious bodily injury. Tsosie was previously convicted of battery against a household member. As a previously convicted domestic violence misdemeanant, Tsosie cannot legally possess firearms or ammunition.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the most serious allegation, Tsosie faces 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 Mark A. Probasco is prosecuting the case.
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23-255
Malcolm Torres Sentenced to 35 Years in Prison for the Death of His StepdaughterRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that, per the terms of his plea agreement, Malcom Torres was sentenced to 35 years in prison. Torres, 30, of Española, New Mexico, pled guilty to second degree murder on April 10, 2023.
According to court records, on Sept. 7, 2019, Torres was home with his five-year-old stepdaughter, Renezmae Calzada, and eighteen-month-old son. Torres had been drinking excessive amounts of alcohol that day and during the preceding week and was not fit to supervise the children. On the afternoon of Sept. 8, 2019, Renezmae’s grandparents returned home and were informed by Torres that Renezmae had been missing since that morning. Renezmae’s grandmother immediately alerted Renezmaes mother, who contacted law enforcement. Over the next three days, Torres refused to assist in and impeded first-responding officers’ efforts to locate his stepdaughter by providing false and misleading information to police and campaigning against the truthful efforts others made to assist police. Torres’ deceitful efforts lengthen the wide-spread and vigorous efforts of law enforcement and the Santa Clara Pueblo community to locate Renezmae
On Sept. 11, 2019, law enforcement located Renezmae’s body in the Rio Grande River on the Santa Clara Pueblo. It was determined that Renezmae died from blunt-force trauma to her head, torso, and extremities on Sept. 7 and that Torres had driven to the area 5.5 miles from his home and left Renezmae’s body there on Sept. 8. After he was arrested, Torres insisted that Renezmae had sustained the injuries when she fell out of her bed or that a house guest killed Renezmae and that person was still at large. Torres refused to take responsibility for what happened to Renezmae for almost four years.
“Renezmae’s legacy is bringing together community, fighting for life, and protecting our children,” said United States Attorney Alexander Uballez. “Today we received a first apology, a final justice, and an opportunity to more forward together. All children are all of our children. When someone brings harm to one, we will respond together to deliver certain justice.”
“Four years ago, a precious young life was taken in an act of senseless violence by the person who was supposed to protect five-year-old Renezmae, leaving a community in anguish,” said Special Agent in Charge Raul Bujanda. “Although the defendant tried to cover his tracks and lead investigators astray, the unified efforts of federal, state, local and tribal law enforcement officials resulted in justice being served. Today’s sentencing reaffirms the commitment of the FBI and partner agencies to seek justice for victims of violent crime on Native American tribal lands.”
Torres’ sentencing guidelines were calculated at 360-365 months, however Torres agreed to the sentence of 420 months in exchange for the United States agreeing to forgo a charge of first-degree felony murder, which carried a potential penalty of life imprisonment or death. Upon his release from prison, Torres will be subject to five years of supervised release.
The Santa Fe Resident Agency of the FBI investigated this case with assistance from the Pueblo of Santa Clara, Rio Arriba County Sheriff’s Office, New Mexico State Police, Espanola Police Department, U.S. Marshals Service, Pueblo of Pojoaque Police Department, Pueblo of Ohkay Owingeh Police Department, Santa Fe County Sheriff’s Office, Bernalillo County Sheriff’s Office, Albuquerque Police Department, New Mexico Game & Fish, and the Bureau of Land Management. Assistant United States Attorneys Jack Burkhead, Brittany DuChaussee and Zachary Jones are prosecuting the case.
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23-254
City of Albuquerque and APD Achieves Another Major Milestone in Policing Reform EffortsRead the Press Release
ALBUQUERQUE – United States Attorney Alexander M.M. Uballez announced today that the Justice Department and the City of Albuquerque (City) filed a Joint Motion for Partial Termination, seeking court approval to terminate certain portions of the consent decree covering the Albuquerque Police Department (APD). The motion was filed in recognition of APD’s sustained compliance with significant portions of the consent decree.
The motion represents a second major milestone APD has achieved this year following the joint motion filed in April to modify the requirements of the consent decree.
Over the last several years, APD has made consistent and sustained progress towards achieving constitutional policing and in reaching compliance with provisions of the consent decree, including:
- APD has a clear and reliable process for conducting criminal investigations of critical incidents through the Multi-Agency Task Force;
- APD significantly professionalized its SWAT team and brought its operations in line with national standards;
- APD’s investigative units operate with clarity about their scope and mission;
- through APD’s Field Training Evaluation Program, new officers receive reinforcement about APD’s values and expectations, helping to ensure that officers provide constitutional and effective policing from their first days on patrol;
- APD and Albuquerque’s civilian oversight agency widely distribute information about filing complaints about police officers, ensuring that people across the city can easily access and submit complaint forms, and that APD and civilian oversight are aware of the issues that people are having with police officers;
- the Monitor has found that APD has set new standards in police recruiting, increasing interest in joining APD at a time when police departments across the country face challenges in recruiting; and
- APD’s Behavioral Sciences Section provides industry-standard behavioral health and wellness services to APD personnel and their families, often exceeding the requirements of the consent decree.
For many of these provisions, APD achieved compliance two or more years ago, has sustained its compliance, and is monitoring its own compliance with these provisions. Now, the parties have agreed that it is appropriate to terminate sections and sub-sections of the consent decree which APD has been in full compliance for at least two years. The motion sets out the specific paragraphs of the consent decree that the parties have moved to terminate.
The partial termination allows the parties and the Monitor to focus their efforts on the remaining areas of the consent decree where APD is still working to attain or maintain full compliance.
“This move to partial termination is yet more evidence of the City of Albuquerque’s dogged pursuit of progress,” said U.S. Attorney Alexander Uballez. “Much remains to be done, and the challenges facing us as a community are ever evolving. While we continue to work together to confront those challenges, we applaud the steady and unrelenting drive towards the type of policing that the people of Albuquerque deserve.”
“This should put to rest concerns about APD’s ability to self-monitor and continue the reform process past federal oversight,” Mayor Tim Keller said. “APD is proving the department is ready to institutionalize constitutional policing and ongoing reform on its own. Going forward we need to push past the piecemeal approval process and focus on the future beyond the CASA.”
The Justice Department is committed to supporting city leaders, community stakeholders and APD as they work together to implement lasting institutional reform and make constitutional policing a reality for the community of Albuquerque.
The District Court for the District of New Mexico entered the consent decree in June 2015. The decree, as well as information about implementation of the consent decree, is available on the website of the U.S. Attorney’s Office at Investigation into Albuquerque Police Department.
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23-253
Shiprock Man Sentenced to 105 Months in Prison for AssaultRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Christopher Kee was sentenced to 105 months in prison. A federal jury convicted Kee, 49, of Shiprock, and an enrolled member of Navajo Nation, on June 17, 2022, of assault with a dangerous weapon.
According to court records, Kee was in an intimate relationship with Jane Doe from 2019 to 2020. Throughout the relationship, Kee physically and emotionally abused Jane Doe. On April 19, 2020, during an argument at the home he shared with his parents in Shiprock, Kee threw Jane Doe onto a bed and stabbed her in the wrist with a pocketknife. When Jane Doe fought back, Kee stabbed her multiple times in the abdomen, thighs, behind her ear and the back of her head. Kee also punched and kicked Jane Doe several times. When he saw how badly Jane Doe was bleeding from a stab wound to her abdomen, Kee poured sugar in her wound and applied pressure. When Jane Doe cried out in pain, Kee slapped her. Later, when Kee was distracted, Jane Doe fled from the home shirtless and flagged down a motorist who took her to Northern Navajo Medical Center for treatment.
Upon his release from prison, Kee 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 Police Department and Department of Criminal Investigations, and New Mexico State Police. Assistant United States Attorney Joseph M. Spindle is prosecuting the case.
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23-251
Four Utah Residents Charged with KidnappingRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that federal grand jury in Albuquerque returned an indictment charging Seraphine Warren-Begay, also known as Seraphine Warren, 42, of Tooele, Utah, her husband Orlando Begay, 36, of Salt Lake City, Utah, her sister Josephine Bekay, 46, of Gusher, Utah, and Bekay’s husband Nelton Alex Bekay, 48, of Gusher, Utah, all enrolled members of the Navajo Nation, with kidnapping and conspiracy to commit kidnapping.
According to the indictment, on March 29, 2021, Warren-Begay used Facebook to research and locate the victim, John Doe, before the group drove to John Doe’s residence in Arizona. There, the group entered John Doe’s residence and hit him on top of the head with a blunt force object and shot him with paintball guns before handcuffing him and placing him in the back of one of their vehicles. The group then transported John Doe across state lines from Arizona to Shiprock, New Mexico. The group eventually released John Doe in Farmington, New Mexico on April 1, 2021.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Seraphine Warren-Begay, Orlando Begay, Nelton Alex Bekay, and Josephine Bekay each face up to life imprisonment and 5 years up to life of supervised release thereafter.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant U.S. Attorney Matthew J. McGinley is prosecuting the case.
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23-252
Shiprock Woman Charged with Child AbuseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Jazmyne Deschinny appeared in federal court on an indictment charging her with two counts of abandonment and abuse of a child resulting in great bodily harm and three counts of abandonment and abuse of a child. Deschinny, 20, of Shiprock, and an enrolled member of the Navajo Nation, will remain in custody pending a detention hearing set for Monday, October 23, 2023.
According to the indictment, on April 10, 2023, Deschinny was allegedly driving under the influence of alcohol and intoxicating substances, placing five minors under the age of 18 in a situation that may have endangered their life and health and that her alleged conduct resulted in great bodily harm to two of the minors.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the most serious allegation, Deschinny faces up to 18 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
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23-250
Federal Jury Convicts Four Taos County, New Mexico Compound Defendants in Connection with Kidnapping and Terrorism PlotRead the Press Release
WASHINGTON – A federal jury returned guilty verdicts against Siraj Ibn Wahhaj, his sisters Hujrah Wahhaj and Subhanah Wahhaj, and Subhanah’s husband, Lucas Morton, following a three week jury trial. The jury convicted Siraj Wahhaj and Lucas Morton of conspiracy to provide material support to terrorists, providing material support to terrorists and conspiracy to murder an officer or employee of the United States. Hujrah Wahhaj, Subhanah Wahhaj and Lucas Morton were additionally convicted of conspiracy to commit kidnapping resulting in death and kidnapping resulting in death.
In a plea agreement which was unsealed today, the fifth defendant, Jany Leveille, pled guilty to conspiracy to provide material support to terrorists and being in possession of a firearm while unlawfully in the United States.
According to evidence presented at trial and other publicly available court records, in December 2017, Siraj Wahhaj unlawfully abducted his three-year-old son, Abdul Ghani, from his wife in Georgia. Leveille and the defendants had formed the belief that Abdul Ghani was her son and was possessed by demons. The group took Abdul Ghani to New Mexico, depriving him of his anti-seizure medication and the loving care of his mother, and subjected him to an exhausting regimen of daily spiritual exorcisms.
Abdul Ghani died less than two weeks after arriving in New Mexico, before investigators had any knowledge of a suspected location to search for him.
Under Leveille’s direction, Siraj and the others established a community centered on the belief that Abdul Ghani would return as Jesus Christ to pass judgment on corrupt institutions, including the FBI, the military and other government and financial institutions. To this end, they established a fortified base and a firing range. Armed with 11 firearms, including an AR-15 Bushmaster assault rifle, high-capacity magazines, and hundreds of rounds of ammunition, the group conducted weapons and tactical training and required some of the children to do so as well. The group conducted the training with the intent to “face the nation” and kill those who refused to believe as they did. They spoke of waging jihad and becoming martyrs.
On Aug. 3, 2018, the Taos County Sheriff’s Office Tactical SRT Unit executed warrants on the compound. Siraj Wahhaj armed himself and prepared to defend the compound before ultimately being taken into custody without shots fired. During a search of the compound, law enforcement located the remains of Abdul Ghani in an underground tunnel.
In her plea agreement, Leveille admitted that she and her co-conspirators entered into an agreement to provide material support and resources to prepare for, and to carry out, the killing of federal officers or employees when they came to the compound. Leveille also admitted that she knew she was no longer legally and lawfully in the United States and that she was not allowed by law to possess the firearms or ammunition.
“When a mother loses her child, we all lose a child,” said United States Attorney Alexander Uballez. “It is our collective responsibility to protect our children from danger and, when we lose a child, it is our solemn duty in law enforcement to ensure that those who are responsible receive justice. My thanks go out to the many local, state, and federal law enforcement officers who worked tirelessly to deliver that justice, and my heart goes out to the mother of Abdul Ghani.”
“The FBI takes its mission of protecting the American public seriously, and we are dedicated to conducting fair and thorough investigations,” said FBI Special Agent in Charge Raul Bujanda. “The nefarious activities and subsequent conviction of these four depraved criminals underscore the continued interest of some US-based violent extremists in self-initiated attack plotting, independent of any guidance or support from a foreign terrorist organization. This investigation highlighted their interest in the preparation for and possible desire to conduct attacks in the Homeland against innocent people.”
“In addition to this preparation for terror, the senseless kidnapping resulting in the death of a juvenile these criminals conducted is inexcusable and have no place in our society,” Bujanda continued. "Their despicable actions shattered a community and a family who will forever be impacted by these traumatic events. The convictions rendered in this case show those who participate in these types of criminal activities will be held accountable for their actions. The FBI would like to thank the Taos County Sheriff Office and the U.S. Attorney’s Office for the District of New Mexico for their partnership and diligent work on this case.”
All four defendants will remain in custody pending sentencing, which has not yet been scheduled. At sentencing, Siraj, Hujrah and Subhanah Wahhaj, and Lucas Morton each face up to life in prison. Per the terms of her plea agreement, Leveille faces up to 17 years in prison.
The FBI Albuquerque Field Office investigated this case with assistance from the U.S. Department of Homeland Security, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Taos County Sheriff’s Office, NM Office of the Superintendent of Insurance, and the 8th Judicial District Attorney’s Office.
Assistant U.S. Attorneys Kimberly Brawley and Tavo Hall for the District of New Mexico and Trial Attorneys Jessica Joyce and George Kraehe of the National Security Division’s Counterterrorism Section are prosecuting the case.
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Federal Jury Convicts Four New Mexico Compound Defendants in Connection with Kidnapping and Terrorism PlotRead the Press Release
Earlier this week, a federal jury returned guilty verdicts against Siraj Ibn Wahhaj, his sisters, Hujrah Wahhaj and Subhanah Wahhaj, and Subhanah’s husband, Lucas Morton, following a three-week jury trial. The jury convicted Siraj Wahhaj and Lucas Morton of conspiracy to provide material support to terrorists, providing material support to terrorists and conspiracy to murder an officer or employee of the United States. Hujrah Wahhaj, Subhanah Wahhaj and Lucas Morton were additionally convicted of conspiracy to commit kidnapping resulting in death and kidnapping resulting in death.
In a plea agreement, unsealed yesterday, the fifth defendant, Jany Leveille, pleaded guilty to conspiracy to provide material support to terrorists and being in possession of a firearm while unlawfully in the United States.
According to evidence presented at trial and other publicly available court records, in December 2017, Siraj Wahhaj unlawfully abducted his three-year-old son from his wife in Alabama. Leveille, and the defendants had formed the belief that the child was her son and was possessed by demons. The group took the child to New Mexico, depriving him of his medication and the loving care of his mother, and subjected him to an exhausting regimen of daily spiritual exorcisms.
The child died fewer than two weeks after arriving in New Mexico, before investigators had any knowledge of his suspected location.
Under Leveille’s direction, Siraj and the others established a community centered on the belief that the child would return as Jesus Christ to pass judgment on corrupt institutions, including the FBI, the military and other government and financial institutions. To this end, they established a fortified base and a firing range. Armed with 11 firearms, including an AR-15 Bushmaster assault rifle, high-capacity magazines and hundreds of rounds of ammunition, the group conducted weapons and tactical training and required some of the children to do so as well. The group conducted the training with the intent to “face the nation” and kill those who refused to believe as they did. They spoke of waging jihad and becoming martyrs.
On Aug. 3, 2018, the Taos County Sheriff’s Office Tactical Special Response Team executed warrants on the compound. Siraj Wahhaj armed himself and prepared to defend the compound before ultimately being taken into custody without shots fired. During a search of the compound, law enforcement located the remains of the child in an underground tunnel.
In her plea agreement, Leveille admitted that she and her co-conspirators entered into an agreement to provide material support and resources to prepare for, and to carry out, the killing of federal officers or employees when they came to the compound. Leveille also admitted that she knew she was no longer legally and lawfully in the United States and that she was not allowed by law to possess the firearms or ammunition.
All four defendants will remain in custody pending sentencing, which has not yet been scheduled. At sentencing, Siraj, Hujrah and Subhanah Wahhaj, and Lucas Morton each face up to life in prison. Leveille faces up to 17 years in prison.
The FBI Albuquerque Field Office investigated this case with assistance from the Department of Homeland Security, Bureau of Alcohol, Tobacco, Firearms & Explosives, Taos County Sheriff’s Office, New Mexico Office of the Superintendent of Insurance, and 8th Judicial District Attorney’s Office.
Assistant U.S. Attorneys Kimberly Brawley and Tavo Hall for the District of New Mexico and Trial Attorneys Jessica Joyce and George Kraehe of the National Security Division’s Counterterrorism Section are prosecuting the case.
Federal Jury Convicts Four Taos County, New Mexico Compound Defendants in Connection with Kidnapping and Terrorism PlotRead the Press Release
ALBUQUERQUE – A federal jury returned guilty verdicts against Siraj Ibn Wahhaj, his sisters Hujrah Wahhaj and Subhanah Wahhaj, and Subhanah’s husband, Lucas Morton, following a three week jury trial. The jury convicted Siraj Wahhaj and Lucas Morton of conspiracy to provide material support to terrorists, providing material support to terrorists and conspiracy to murder an officer or employee of the United States. Hujrah Wahhaj, Subhanah Wahhaj and Lucas Morton were additionally convicted of conspiracy to commit kidnapping resulting in death and kidnapping resulting in death.
In a plea agreement which was unsealed today, the fifth defendant, Jany Leveille, pled guilty to conspiracy to provide material support to terrorists and being in possession of a firearm while unlawfully in the United States.
According to evidence presented at trial and other publicly available court records, in December 2017, Siraj Wahhaj unlawfully abducted his three-year-old son, Abdul Ghani, from his wife in Georgia. Leveille and the defendants had formed the belief that Abdul Ghani was her son and was possessed by demons. The group took Abdul Ghani to New Mexico, depriving him of his anti-seizure medication and the loving care of his mother, and subjected him to an exhausting regimen of daily spiritual exorcisms.
Abdul Ghani died less than two weeks after arriving in New Mexico, before investigators had any knowledge of a suspected location to search for him.
Under Leveille’s direction, Siraj and the others established a community centered on the belief that Abdul Ghani would return as Jesus Christ to pass judgment on corrupt institutions, including the FBI, the military and other government and financial institutions. To this end, they established a fortified base and a firing range. Armed with 11 firearms, including an AR-15 Bushmaster assault rifle, high-capacity magazines, and hundreds of rounds of ammunition, the group conducted weapons and tactical training and required some of the children to do so as well. The group conducted the training with the intent to “face the nation” and kill those who refused to believe as they did. They spoke of waging jihad and becoming martyrs.
On Aug. 3, 2018, the Taos County Sheriff’s Office Tactical SRT Unit executed warrants on the compound. Siraj Wahhaj armed himself and prepared to defend the compound before ultimately being taken into custody without shots fired. During a search of the compound, law enforcement located the remains of Abdul Ghani in an underground tunnel.
In her plea agreement, Leveille admitted that she and her co-conspirators entered into an agreement to provide material support and resources to prepare for, and to carry out, the killing of federal officers or employees when they came to the compound. Leveille also admitted that she knew she was no longer legally and lawfully in the United States and that she was not allowed by law to possess the firearms or ammunition.
“When a mother loses her child, we all lose a child,” said United States Attorney Alexander Uballez. “It is our collective responsibility to protect our children from danger and, when we lose a child, it is our solemn duty in law enforcement to ensure that those who are responsible receive justice. My thanks go out to the many local, state, and federal law enforcement officers who worked tirelessly to deliver that justice, and my heart goes out to the mother of Abdul Ghani.”
“The FBI takes its mission of protecting the American public seriously, and we are dedicated to conducting fair and thorough investigations,” said FBI Special Agent in Charge Raul Bujanda. “The nefarious activities and subsequent conviction of these four depraved criminals underscore the continued interest of some US-based violent extremists in self-initiated attack plotting, independent of any guidance or support from a foreign terrorist organization. This investigation highlighted their interest in the preparation for and possible desire to conduct attacks in the Homeland against innocent people.”
“In addition to this preparation for terror, the senseless kidnapping resulting in the death of a juvenile these criminals conducted is inexcusable and have no place in our society,” Bujanda continued. "Their despicable actions shattered a community and a family who will forever be impacted by these traumatic events. The convictions rendered in this case show those who participate in these types of criminal activities will be held accountable for their actions. The FBI would like to thank the Taos County Sheriff Office and the U.S. Attorney’s Office for the District of New Mexico for their partnership and diligent work on this case.”
All four defendants will remain in custody pending sentencing, which has not yet been scheduled. At sentencing, Siraj, Hujrah and Subhanah Wahhaj, and Lucas Morton each face up to life in prison. Per the terms of her plea agreement, Leveille faces up to 17 years in prison.
The FBI Albuquerque Field Office investigated this case with assistance from the U.S. Department of Homeland Security, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Taos County Sheriff’s Office, NM Office of the Superintendent of Insurance, and the 8th Judicial District Attorney’s Office.
Assistant U.S. Attorneys Kimberly Brawley and Tavo Hall for the District of New Mexico and Trial Attorneys Jessica Joyce and George Kraehe of the National Security Division’s Counterterrorism Section are prosecuting the case.
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Xavier Zamora Sentenced to 22 Years in Prison for the 2019 Murder of U.S. Letter CarrierRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Dominique Giroux, Acting Inspector in Charge of the Phoenix Division of the U.S. Postal Inspection Service, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Xavier Zamora was sentenced to 22 years in prison for the murder of U.S. Postal Service Letter Carrier José Hernandez in 2019. Zamora, 21, of Albuquerque, pled guilty on June 8, 2022, to second degree murder of an employee of the United States and using a firearm during a crime of violence resulting in death.
According to court records, on April 22, 2019, Hernandez was delivering mail to a community mailbox on Terracotta Place SW in Albuquerque when he was caught up in a dispute between Zamora and his mother outside her home. The quarrel between mother and son escalated and, when Hernandez attempted to intervene, Zamora became belligerent and attempted to instigate a fight with Hernandez, striking him and pushing him down before running back to the house when Hernandez advanced towards him. Inside the house, Zamora retrieved a handgun from the home and returned outside where he followed Hernandez back to his postal unit. When Hernandez turned to face Zamora, Zamora shot Hernandez in the stomach from a distance, and Hernandez collapsed near his vehicle. Zamora then retreated back to the house before fleeing through the backyard.
Neighbors quickly moved to render aid to Hernandez while first responders from the Albuquerque Police Department, who were unaware Zamora had fled, did their best to assist and protect bystanders from the imminent threat of gunfire from inside the home. Despite the heroic efforts of civilians, law enforcement officers and emergency personnel, Hernandez died from extensive internal bleeding 20 minutes after being shot by Zamora.
Police found Zamora hiding out a few days later in a home about five minutes from where Hernandez was shot. The firearm used in the murder has never been located.
Hernandez was a husband, a father of four, a son, and a United States Army combat veteran who served his country honorably and sought to live his life as a positive member of the community. Other Letter Carriers described Hernandez as someone with an outgoing personality, who liked to joke, had a loud laugh, one who did not talk negatively about others, and who loved to listen to music. In his public life, he was known as a Disk Jockey (“DJ”); a Hot Wheels, Avengers and DC Comic collector; and a superhero movie and Star Wars fan. In his private life, Hernandez believed in the sanctity of family, and the respect one must show to others. On his phone, he kept pictures of his family and friends, and Church of Jesus Christ of Latter-day Saints resource materials to support his personal and family scripture studies.
“José Hernandez died protecting someone he did not know because he believed that every member of our community deserves to live in safety,” said U.S. Attorney Alexander Uballez. “Today, we pay homage to his sacrifice, and the daily service of our Postal Carriers. In honor of José, we will know no strangers, we will tolerate no bullies, and we will work together to bring safety to our community.”
“U.S. Postal Service letter carriers are public servants, bringing American citizens their mail each day,” said Acting Inspector in Charge Dominique Giroux. “With violent crime increasing across the country, rest assured the U.S. Postal Inspection Service remains committed to investigating and bringing to justice every person who harms our employees. This significant sentence takes violent offender Xavier Zamora off the street and hopefully provides some peace to the Hernandez family. We are grateful to the U.S. Attorney’s Office and our local, state, and federal law enforcement partners who assisted on this case.”
"Far too many of us have felt this loss within our agencies," said FBI Albuquerque Special Agent in Charge Raul Bujanda. “The impact and pain extend beyond the agency and the family; it extends to the community. Even more so when the individual is part of the fabric of the nation making a difference in every community across this country. On behalf of the Hernandez family and others suffering from the loss of a family member to violent crime, the FBI will continue to work in partnership with local, state, tribal and federal partners to ensure offenders like Xavier Zamora are brought to justice.”
The U.S. Postal Inspection Service investigated this case with assistance from the FBI Albuquerque Field Office, Albuquerque Police Department and New Mexico State Police. Assistant United States Attorneys Niki Tapia-Brito and Eva M. Fontanez are prosecuting the case.
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Newcomb Man Charged with Assaulting Two Federal Officers, Seriously Injuring OneRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Kenneth Lee Begay appeared in federal court on an indictment charging him with two counts of assault upon a federal officer inflicting bodily injury and one count of assault resulting in serious bodily injury. Begay, 59, of Newcomb, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending a detention hearing set for Monday, October 16, 2023.
According to the indictment, on June 4, 2023, Begay assaulted John Doe and Jane Doe, both officers with the Navajo Nation Police Department who were also specially commissioned by the Bureau of Indian Affairs, while the officers were attempting to arrest Begay following threats he made to tribal officials during a chapter-house meeting. The assault resulted in serious bodily injury to Jane Doe.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the most serious allegation, Begay faces up to 20 years imprisonment and up to three years of supervised release thereafter.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.
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Pinehaven Man Sentenced to 6 Years in Prison for Abusive Sexual ContactRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Leonard Yazzie was sentenced to 78 months in prison. Yazzie, 41, of Pinehaven, New Mexico, and an enrolled member of the Navajo Nation, pled guilty in federal court to abusive sexual contact on July 7, 2023.
According to court documents, on April 30, 2021, following a report from school personnel, Jane Doe disclosed to the Farmington Police Department during a forensic interview that Yazzie had sexually abused her during the summer of 2016. Jane Doe reported three separate incidents over the summer. When Yazzie was interviewed by law enforcement on July 30, 2021, he admitted to touching Jane Doe when she was seven years old.
Upon his release from prison, Yazzie will be subject to 5 years of supervised release and must register as a sex offender.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Ramah Navajo Police Department. Special Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.
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Ohkay Owingeh Man Sentenced to 14 Years in Prison for Second Degree MurderRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Fidel Archuleta was sentenced to 14 years in prison. Archuleta, 67, of Ohkay Owingeh, and an enrolled member of the Ohkay Owingeh Pueblo, pled guilty to second degree murder on June 5, 2023
According to court documents, on Dec. 11, 2022, Archuleta stabbed his wife to death in their home on Coral Lane in Ohkay Owingeh. When law enforcement arrived, they found that the security door had been pried open and the victim deceased on the floor. Archuleta was unconscious on a couch nearby with a knife in his hand and three shallow stab wounds to his upper body which were self-inflicted and not life threatening. Archuleta had a long-documented history of domestic violence and had been kicked out of the residence by his wife approximately one week before.
Upon his release from prison, Archuleta will be subject to 5 years of supervised release.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs and the Ohkay Owingeh Police Department. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.
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Arizona Man Sentenced to 30 Years in Prison for Attempted Murder of a Federal Task Force OfficerRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Robert Benjamin Nelson was sentenced to 30 years in prison. Nelson, 31, of Scottsdale, Arizona, pled guilty to attempted murder of a federal task force officer and discharging a firearm during a federal crime of violence on March 22, 2023, following a mistrial on January 17, 2023.
According to court documents, on Sept. 12, 2020, a New Mexico State Police Officer, serving as a Task Force Officer with U.S. Homeland Security Investigations (HSI), initiated a traffic enforcement stop on Nelson’s vehicle for following another vehicle too closely. As the officer approached Nelson’s vehicle from the passenger side, Nelson raised and fired a .22 caliber revolver three times at the officer through the window. The muzzle blast and initial round from the revolver shattered the passenger window, sending shards of glass into the officer’s face and eyes. The officer raised her hands to shield her face, and the second and third bullets struck her in the hands, causing serious and permanent injury to one of her eyes and both of her hands. The officer fell to the ground, but immediately got back up and returned fire as the truck sped off.
The officer pursued and caught up with Nelson, still traveling west on I-40, and pulled him over again. The officer observed Nelson retrieve a rifle from the floorboard of his vehicle and waited for back up to arrive. Officers from the Laguna Pueblo arrived on scene and Nelson was arrested without further incident.
“Today, bravery prevailed over cowardice and truth over irrational hate,” said U.S. Attorney Uballez. “Federal law enforcement officers work every day to make our lives safer. When their lives are put at risk by someone who trained himself to fear police through fantastical internet videos, we will serve decisive justice to protect our protectors. My thanks to our team of prosecutors and federal law enforcement agents who investigated this case, and to the victim whose bravery, professionalism, and calm while under fire made this result possible.”
"These types of shootings are brazened, violent acts, absolutely without justification and a threat to our entire community," said FBI Special Agent in Charge Raul Bujanda. "An attack on a federal Task Force Officer is a federal crime with serious consequences. Today’s sentencing reflects the FBI’s unwavering commitment to ensure that all those responsible for violence crimes against law enforcement officers are brought to justice."
Upon his release from prison, Nelson will be subject to 4 years of supervised release.
The FBI Albuquerque Field Office investigated this case in conjunction with the New Mexico State Police and the Albuquerque Multiagency Officer Involved Shooting Team. Assistant U.S. Attorneys Paul Mysliwiec and Nicholas Mote prosecuted the case.
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Arizona Man Charged with Domestic ViolenceRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Norbert Michael Tsosie appeared in federal court on an indictment charging him with assault of intimate partner by strangulation or suffocation. Tsosie, 31, of Tsalie, Arizona, and an enrolled member of the Navajo Nation, will remain in custody pending trial.
According to court documents, Tsosie assaulted his intimate partner, Jane Doe, by strangling and attempting to suffocate her.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Tsosie faces up to 10 years imprisonment and up to 3 years of supervised release thereafter.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Jicarilla Apache Police Department. Assistant U.S. Attorney Kimberly Bell is prosecuting the case.
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U.S. Attorney Alexander M.M. Uballez Appointed to Serve on Attorney General Merrick B. Garland’s Advisory CommitteeRead the Press Release
ALBUQUERQUE – Attorney General Merrick B. Garland has appointed United States Attorney Alexander M.M. Uballez of the District of New Mexico to serve on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). The AGAC was created in 1973 and advises the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys and elevates the voices of U.S. Attorneys on essential matters facing the Department of Justice.
“United States Attorneys work every day throughout the country to advance our mission of upholding the rule of law, keeping our country safe, and protecting civil rights,” said Attorney General Merrick B. Garland. “I am grateful for the perspective the newest members of the Committee will provide on behalf of federal prosecutors across the country and the communities they serve.”
“It is an honor to advise Attorney General Garland and amplify the needs of New Mexico, the Tenth Circuit, and the hundreds of career civil servants who serve our southwestern communities,” said U.S. Attorney Uballez. “The issues we face are many, but it is through strong partnerships that we rise above our most intractable challenges. I am proud to work collaboratively with U.S. Attorneys from across the nation to shape Department policy and develop innovative and effective strategies to serve our communities.”
U.S. Attorney Uballez was appointed by the President Biden and sworn in as United States Attorney on May 24, 2022. As United States Attorney, Mr. Uballez is the chief federal law enforcement officer for the District of New Mexico. He also serves as the vice-chair of the Native American Issues Subcommittee to the AGAC, as well as a member of the Border & Immigration, Environmental Justice and Environmental Issues, Office Management and Budget and Violent & Organized Crime Subcommittees.
Prior to his confirmation as United States Attorney, Mr. Uballez was as an Assistant United States Attorney in the District of New Mexico where he led organized crime investigations and prosecuted child sexual abuse and human trafficking crimes, transnational and organized crime, and violent crime. Previously, Mr. Uballez served as an Assistant District Attorney in the First and Second Judicial District Attorney’s Offices of New Mexico where he prosecuted crimes against children, community and drug crimes, domestic violence and driving while intoxicated offenses.
The AGAC is comprised of 14 United States Attorneys, and U.S. Attorney Uballez will serve alongside the Committee’s Chair: U.S. Attorney Damian Williams (SDNY), Vice-Chair: U.S. Attorney Gary Restaino (DAZ), as well as U.S. Attorney Ryan Buchanan, (NDGA), U.S. Attorney Matthew Graves (DDC), U.S. Attorney Alamdar Hamdani (SDTX), U.S. Attorney Gregory Harris (CDIL), U.S. Attorney Christopher R. Kavanaugh (WDVA), U.S. Attorney Andrew Luger (DMN), U.S. Attorney Darcie McElwee (DME), U.S. Attorney Eric Olshan (WDPA), U.S. Attorney Kenneth Parker (SDOH), U.S. Attorney Breon Peace (EDNY), and U.S. Attorney Natalie Wight (DOR).
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Albuquerque Man Sentenced to 6 Months for AssaultRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Vance Andres Raymond was sentenced to 6 months. Raymond, 27, of Albuquerque, and an enrolled member of the Navajo Nation, pled guilty in federal court on Aug. 17, 2021, to one count of assault resulting in serious bodily injury in Indian Country.
According to court records, on April 10, 2018, assaulted Jane Doe by grabbing her arm, resulting in serious injury.
Upon his release from prison, Raymond will be subject to 3 years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant U.S. Attorney Fred J. Federici is prosecuting the case.
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Navajo Woman Pleads Guilty to Involuntary ManslaughterRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Leticia Ashley pleaded guilty to involuntary manslaughter. Ashley, 38, of Navajo, and an enrolled member of the Navajo Nation, will remain under supervision pending sentencing, which has not been scheduled.
According to court documents, on July 29, 2022, Ashley was driving with four of her minor children in the vehicle. Ashley was intoxicated and speeding when she lost control of the vehicle, causing it to leave the roadway and roll over several times. Ashley’s five-year-old daughter died as a result of the vehicle crash and her other children were injured.
At sentencing, Ashley faces up to 8 years in prison followed by 3 years of supervised release.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Crownpoint Police. Assistant United States Attorney Kimberly Bell is prosecuting the case.
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Standing Rock Man Sentenced to 17 Years in Prison for Abusive Sexual ContactRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Brandon Yazzie was sentenced to 17 years in prison. Yazzie, 30, of Standing Rock, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty to two counts of abusive sexual contact on May 25, 2023.
According to court records, on September 22, 2021, the FBI received a referral from the City of Avondale Police Department, Avondale, Arizona. The referral documented the sexual assault of Jane Doe, a minor who was then under 12 years old, by Yazzie on multiple occasions between December 2020 and January 2021 at Yazzie’s residence in Standing Rock, New Mexico. Specifically, Yazzie engaged in sexual contact with the victim and afterward, told her “this never happened” with the intent that his acts would remain secret.
Upon his release from prison, Yazzie will be subject to 10 years of supervised release and must register as a sex offender.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Avondale (Arizona) Police Department, Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorney Alexander F. Flores is prosecuting the case.
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Shiprock Man Charged with Assault with a Dangerous Weapon Against a MinorRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Darron Smith appeared in federal court on an indictment charging him with assault with a dangerous weapon against a minor and assault resulting in serious bodily injury. Smith, 23, of Shiprock, and an enrolled member of the Navajo Nation, will remain in custody pending a detention hearing set for Tuesday, October 3, 2023.
According to court documents, Smith assaulted John Doe, an individual under the age of 18, with a dangerous weapon, specifically, a knife, 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, Smith faces 10 years up to life imprisonment and up to 5 years of supervised release thereafter.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant U.S. Attorney Matthew J. McGinley is prosecuting the case.
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Las Cruces Man Pleads Guilty to Threatening U.S. CongresswomanRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Michael David Fox pleaded guilty to interstate transmission of threatening communication. Fox, 60, of Las Cruces, will remain on conditions pending sentencing, which has not been scheduled.
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 are running governments, kingdoms, and corporations all over the world, causing the world’s misery and that he was part of a movement that was going to engage in “eradicating” those people.
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.
At sentencing, Fox faces up to 5 years in prison followed by 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.
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U.S. Attorney Alexander M.M. Uballez announces Selection of Missing or Murdered Indigenous Persons Assistant United States Attorney for the Southwest RegionRead the Press Release
ALBUQUERQUE, N.M. – Today, United States Attorney for the District of New Mexico Alexander M.M. Uballez, announced the selection of Assistant United States Attorney (AUSA) Eliot Neal as the Missing or Murdered Indigenous Persons (MMIP) AUSA for the Southwest Region, which encompasses the Districts of New Mexico, Colorado, Utah, Nevada and Arizona. AUSA Neal is one of five MMIP AUSAs who will provide specialized support to United States Attorneys’ offices to address and combat the issues of MMIP. This support includes assisting in the investigation of unresolved MMIP cases and related crimes, and promoting communication, coordination, and collaboration among federal, Tribal, local, and state law enforcement and non-governmental partners on MMIP issues.
Eliot was selected for the MMIP AUSA position based on his background and experience, as well as his proven success in his position as the District’s Tribal Liaison to the Mescalero Apache Tribe. Eliot’s innate ability to develop positive professional and personal relationships with everyone and anyone makes him the perfect person to move seamlessly into this new position.
Eliot grew up in Wilson, Wyoming, at the foot of the Teton mountain range, a historical crossroads for the Crow, Gros Ventre, Blackfeet, Nez Perce, Bannock, Eastern Shoshone, and Sheep Eaters tribes. Close to the modern-day Wind River and Fort Hall reservations, Eliot gained exposure at a young age to both the cultural significance and beauty of Indian Country, as well as the many hardships and challenges faced by Indigenous Americans.
After attending Middlebury College for his undergraduate degree and law school at Emory University, Eliot began his legal career with Cooley LLP in Palo Alto, California. There, Eliot worked in the business litigation group, focusing primarily on securities litigation for large public technology companies. Fueled by a desire to serve the public on a more personal level, Eliot then left securities litigation and became an Assistant United States Attorney for the District of New Mexico in the Las Cruces Branch Office in 2022.
Since he joined the USAO, Eliot has worked on a wide variety of cases including child exploitation, gun crimes, and Indian Country crimes. Most recently, Eliot was asked to serve as the District’s Tribal Liaison to the Mescalero Apache Tribe. In that capacity, Eliot reestablished the District’s relationship with Mescalero after a fifteen-year lapse and has made it one of the strongest government-to-government relationships between the District and tribal leadership in the state. In his role as a Tribal Liaison, Eliot has gained a deeper understanding and appreciation of the issues threatening tribal communities—in particular persistent cycles of physical and sexual violence, drug and alcohol addiction, and poverty, all of which have outsized impacts on small, tight-knit families and communities—and ways the U.S. Attorney’s Office can better serve tribal communities and bring about justice.
“I am excited to be joining the Department of Justice’s response to the crisis of missing and murdered indigenous persons,” said Eliot. “After losing my own brother, I know how devastating it is to have a loved one taken from you. In my new role, I will do everything I can to help bring about closure and justice to those impacted by the MMIP crisis. I look forward to working with tribal and law enforcement partners throughout the Southwest region and can’t wait to get to work!”
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Santa Domingo Man Pleads Guilty to Sexual AbuseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Santiago Quintana, Jr. pleaded guilty to abusive sexual contact. Quintana, 70, of Santo Domingo, and a member of the Santo Domingo Pueblo, will remain in custody pending sentencing, which has not been scheduled.
According to court documents, on January 25, 2023, the Bureau of Indian Affairs received an allegation of sexual abuse of children from the Santo Domingo School. 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.
At sentencing, Quintana faces up 10 years in prison and must register as a sex offender upon his release.
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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Former Dona Ana County Deputy Sheriff Charged with Federal Civil Rights and Obstruction OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Michael Andrew Martinez has been arrested on a criminal complaint charging him with deprivation of rights under color of law and obstruction of justice. Martinez, 33, of Las Cruces, New Mexico, will appear in federal court for an initial appearance today.
According to the criminal complaint, on or about April 30, 2023, Michael Andrew Martinez, while working in his official capacity as an officer with the Doña Ana Sheriff’s Office (DASO), allegedly kidnapped and sexually assaulted the victim, Jane Doe, thereby depriving Jane Doe of her Fourth Amendment right to be free from unreasonable searches and seizures. Martinez allegedly then obstructed justice by attempting to destroy evidence related to his kidnapping and sexual assault of the victim.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charges, Martinez faces up to life imprisonment.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Doña Ana Sheriff’s Office and the New Mexico State Police. Assistant U.S. Attorneys Marisa Ong and Matilda McCarthy Villalobos are prosecuting the case.
In addition to the Doña Ana Sheriff’s Office, Martinez was previously employed by the New Mexico State Police and Hatch Police Department. If you have reason to believe you or someone you know may be a victim of Martinez, or if you have information about this ongoing investigation, please call the FBI at (505) 889-1300 or submit their tips online at tips.fbi.gov.
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U.S. Attorney Alexander M.M. Uballez Announces Commencement of the District of New Mexico’s First Federal Reentry CourtRead the Press Release
ALBUQUERQUE, N.M. – United States Attorney for the District of New Mexico Alexander M.M. Uballez, Federal Public Defender Margaret A. Katze, and Chief Probation Officer Ron Travers, announced today the commencement of the District of New Mexico’s first federal reentry court. Reentry through Integrated Opportunities, or RIO, is an intensive 52-week program for individuals returning to the Albuquerque community from federal prison.
Over the past nine months, a working group consisting of the Chief United States District Court Judge, a United States Magistrate Judge, the United States Attorney, the Federal Public Defender, the Chief Probation Officer, and representatives from each office and the United States Department of Veterans Affairs researched, developed, and proposed a unique reentry court for New Mexico. The final plan, approved by the United States District Court Judges in July 2023, will support a pilot group of participants identified as most at risk for violating the terms of their supervised release or committing new crimes. The inaugural cohort of eight voluntary participants met yesterday for their first hearing in federal court in front of Chief United States District Court Judge William P. Johnson.
Those participants will continue to meet, as a group, with the Reentry Court Judge every other week to discuss all aspects of their supervision. This intense oversight is augmented by focused resources from the U.S. Probation & Pretrial Office as well as treatment providers and social services that will provide accountability, support, and bridge the needs of participants. The Reentry Court Judge will have the authority to levy sanctions for noncompliance. Those who successfully complete the 52-week program will receive a recommendation to the sentencing judge for a reduced term of supervision.
Collaboration is at the heart of this program. Before each hearing, the reentry court team will convene and review the individual progress of each participant and assess noncompliance or other needs inhibiting success. Treatment providers, community partners and stakeholders will aid participants in areas of employment, housing, education, treatment, veteran’s resources, and any other medical or governmental assistance programs. The goals of this non-adversarial process are to ensure compliance, identify resources, and provide a highly structured support system that will ensure the safety and success of the participants and, therefore, the safety of the community.
“Justice, often invoked through retribution, is perfected in redemption,” said U.S. Attorney Uballez. “No matter what wrong landed a person in federal prison, once they have paid their debt to society, they return to be our neighbors. In that, their success on supervised release and their ability to live a life free from crime is directly tied to the safety of our community. From retribution to redemption, from punishment to promise, we are here to build a better and safer community for all of us.”
The reentry court team will review the program annually for effectiveness and statistical data will be collected and published by the U.S. Attorney’s Office. RIO is modeled after and in collaboration with problem-solving Courts and programs implemented in the Eastern District of Pennsylvania, the Middle District of Tennessee, the Western District of Oklahoma, and the District of Utah.
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- Tohajiilee Man Sentenced to 67 Months in Prison for Sexual Abuse of a Minor
Three Albuquerque Residents Indicted for COVID-19 FraudRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Albert Childress, Special Agent in Charge, IRS Criminal Investigation, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced today that Jacqueline Rascon-Chacon, Bryan Gardea, and Ricardo Landeros were indicted by a federal grand jury on charges of bank fraud, conspiracy to commit wire fraud, wire fraud, conspiracy to commit money laundering, and engaging in monetary transactions in property derived from specified unlawful activity. All three defendants appeared in federal court today and will remain on conditions of release pending trial, which has not been scheduled.
According to the indictment, Rascon-Chacon, Gardea, and Landeros allegedly obtained more than $1 million in loans and grants from programs authorized by Congress in the Coronavirus Aid, Relief, and Economic Security (CARES) Act by fraudulent means. The CARES Act was intended to provide emergency financial assistance for millions of American small businesses suffering from economic harm caused by the COVID-19 pandemic. These programs included the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) program. The United States Small Business Administration (SBA) directly paid EIDLs and grants (EIDGs) to eligible small businesses experiencing substantial financial disruptions from the COVID-19 pandemic. PPP loan applications were processed by participating lenders. Lenders funded PPP loans using their own funds, with the loans subject to a federal guaranty by the SBA. PPP loans were subject to loan forgiveness under certain circumstances.
The indictment charges Rascon-Chacon and Gardea with two counts of bank fraud in relation to two business loans, each for $20,000, that were obtained by Rascon-Chacon and Gardea prior to the COVID-19 pandemic. The indictment alleges that the loan applications submitted by Rascon-Chacon and Gardea contained false information about the operations of the businesses in whose names the loans were taken out as well as false representations regarding how the proceeds of the loans would be used.
The wire fraud conspiracy alleged in the indictment involved Rascon-Chacon, Gardea, and Landeros submitting loan applications containing false representations and fabricated supporting documentation to PPP lenders and the SBA. The indictment alleges that Rascon-Chacon, Gardea, and Landeros submitted loan applications in the names of defunct companies and that the applications included falsified revenue, payroll, and employment data as well as fabricated tax documents. According to the indictment, many of the applications were approved, resulting in loan proceeds being disbursed. Rascon-Chacon, Gardea, and Landeros then used these funds for unauthorized expenditures including paying off personal credit card debt, chartering a private jet from Albuquerque to Las Vegas, Nevada, and hiring a mariachi band.
In addition to the wire fraud conspiracy, the indictment alleges a money laundering conspiracy in which Rascon-Chacon, Gardea, and Landeros arranged to use loan proceeds to purchase vacant lots of real property in New Mexico, fund the construction of houses on those lots, then sell the properties to home buyers for a profit. The indictment also alleges that Landeros used proceeds of a fraudulently obtained COVID-19 relief loan he obtained in the name of a defunct company to invest in a separate company he owned and operated.
“During the global COVID-19 pandemic, trillions of dollars in relief flowed to those in need,” said US Attorney Alexander Uballez. “But a selfish few exploited the good will of the American people and took advantage of a once-in-a-generation public health emergency to enrich themselves. We will investigate and prosecute these fraudsters and recoup money stolen from the American people.”
“Homeland Security Investigations continues to bring every asset to bear against opportunistic individuals who sought to exploit the COVID-19 pandemic for their own financial gain,” said HSI El Paso Special Agent in Charge Francisco B. Burrola. “This case exemplifies HSI’s commitment to collaborating with our law enforcement partners to investigate those who would perpetrate such financial schemes during a global health crisis.”
“The IRS Criminal Investigation Phoenix Field Office is proud to fight against COVID-related fraud,” said IRS Criminal Investigation Special Agent in Charge Albert Childress. “Anyone who plans to exploit the CARES Act should know that there are serious consequences to such criminality, and our agency works diligently to ensure those individuals are held to account.”
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, each of the three defendants faces a maximum penalty of thirty years in prison and a $1 million fine, in addition to asset forfeiture and restitution.
The Albuquerque Field Office of Homeland Security Investigations and the Phoenix Field Office of IRS Criminal Investigation investigated this case with assistance from the Department of Labor Office of the Inspector General and the Small Business Administration Office of the Inspector General. Assistant United States Attorney Taylor F. Hartstein is prosecuting the case.
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Crownpoint Man Sentenced to 12 Years in Prison for Firearm OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Derrick Cook was sentenced to 12 years in prison. Cook, 28, of Crownpoint, and an enrolled member of the Navajo Nation, pled guilty to assault with a dangerous weapon and using and carrying a firearm during and in relation to a crime of violence on April 11, 2023.
According to court documents, on Aug. 27, 2022, Cook got into an argument with John Doe 1 and his girlfriend outside the Crownpoint Trading convenience store. When an employee told Cook to leave, he fired multiple shots at the building from the back of a car. Later that evening, John Doe 1 and John Doe 2 confronted Cook at his home. A fight began and Cook shot both men. Doe 1 was shot in the left side of his chest/abdomen, which resulted in a collapsed lung. He was intubated to assist his breathing, given a chest tube to treat the collapsed lung and a blood transfusion, and underwent surgery to repair his injuries. Doe 2 was shot in the right elbow resulting in a radial fracture.
Upon his release from prison, Cook will be subject to 3 years of supervised release.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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Albuquerque Man Sentenced to 10 Years in Prison for Drug Trafficking and Federal Firearms OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Eric Castañeda, Acting Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division, announced today that Leonardo Garcia was sentenced to 10 years in prison. Garcia, 39, of Albuquerque, pled guilty to possession with intent to distribute 500 grams and more of a mixture and substance containing cocaine and using and carrying a firearm during and in relation to a drug trafficking crime on March 17, 2023.
According to court records, on the morning of September 8, 2021, DEA agents arrived at Garcia’s residence ahead of executing a search warrant on the premises. While waiting, agents observed Garcia conducting multiple transactions out of his residence. When agents executed the search warrant, Garcia was arrested without incident and a search of his residence revealed 3,594.3 grams of cocaine and multiple firearms. In his plea agreement, Garcia admitted that he possessed the cocaine with the intent of distributing it and the firearms in furtherance of his intent to distribute the cocaine.
Upon his release from prison, Garcia will be subject to 5 years of supervised release.
The Drug Enforcement Administration investigated this case. Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case.
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23-230
Dulce Man Pleads Guilty to Sexual Abuse of a MinorRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Amadius Archuleta pleaded guilty to sexual abuse of a minor. Archuleta, 23, of Dulce, and a Taos Pueblo Tribal Member, will remain in custody pending sentencing, which has not been scheduled.
According to court records, on July 2, 2022, Archuleta, who was 21 years old at the time, contacted a 14-year-old minor, Jane Doe, through Instagram and, after some conversation, asked to meet her. They met near her house before walking to Archuleta’s grandparents’ old house nearby. There, they both consumed alcohol and marijuana. Archuleta then initiated a sexual act with Jane Doe.
Later that night, Jane Doe’s father contacted the Taos Pueblo Department of Public Services (TPDPS) to report that his daughter was highly intoxicated. When TPDPS officers arrived, Jane Doe’s parents gave a female officer permission to interview their daughter in private. At that time, Jane Doe disclosed that Archuleta had sexually assaulted her.
In his plea agreement, Archuleta admitted that he knew Jane Doe was 14 years old and that he initiated a sexual act with her and recorded audio of the act on his phone.
At sentencing, Archuleta faces 15 years in prison followed by no less than 5 years, and up to life, of supervised release.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Taos Pueblo Department of Public Safety. Assistant United States Attorney Alexander F. Flores is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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Shiprock Woman Pleads Guilty to Involuntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Courtney Frank pled guilty to involuntary manslaughter. Frank, 19, of Shiprock, and an enrolled member of Navajo Nation, will remain on conditions of release (including adherence to an alcohol-monitoring bracelet) pending sentencing, which has not been scheduled.
According to court documents, on September 28, 2022, Frank was intoxicated when she drove her car over the center line of Mesa Farm Road in Shiprock and struck another car head-on. The driver of the other vehicle, Jane Doe, died at the scene. In the plea agreement and in court, Frank acknowledged she was fully responsible for the wreck and Jane Doe’s death.
At sentencing Frank faces up to eight years in prison, followed by a term of up 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 the New Mexico State Police. Assistant United States Attorney Zachary C. Jones is prosecuting the case.
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Recidivist Sex Offender Sentenced to over 44 Years in Prison for Child Pornography ChargesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Matthew Lee Dale Taylor was sentenced to over 44 years in prison. Taylor, 32, of Hobbs, pled guilty in federal court on July 19, 2023, to transportation of child pornography, possession of obscene visual representations of the sexual abuse of children, and being a registered sex offender committing a felony sex offense involving a minor.
According to court records, on December 6, 2021, the FBI received a Cybertip from the National Center for Missing and Exploited Children that Taylor had uploaded 51 videos containing child pornography to a Dropbox account on July 14, 2021. In his plea, Taylor acknowledged that he knew the videos included children engaged in sexually explicit conduct.
Through diligent investigation, agents also learned that Taylor repeatedly sexually abused a minor he had access to when the minor was between the ages of five and eight years old.
Taylor was previously convicted of possession of a visual medium of sexual exploitation of children in 2017 and was required to register as a sex offender.
Upon his release from prison, Taylor will be subject to lifetime supervised release.
The Roswell Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the NCMEC. Assistant United States Attorney Matilda McCarthy Villalobos is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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Zuni Man Charged with Firearms OffenseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Daryl Jay Dickson appeared in federal court on an indictment charging him with being a prohibited person in possession of a firearm and ammunition. Dickson, 37 years old, of Zuni, and an enrolled member of the Zuni Pueblo, will remain in custody pending a detention hearing set for Monday, September 18, 2023.
According to court documents, Dickson allegedly possessed a firearm and ammunition knowing he was previously convicted in New Mexico state court of a felony offense. Dickson was also prohibited from possessing a firearm and ammunition because he was an unlawful user of or addicted to any controlled substance.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Dickson faces up to 10 years imprisonment and up to three years of supervised release thereafter.
The Zuni Police Department investigated the case with the assistance of Zuni Fish and Wildlife and the Federal Bureau of Investigation. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.
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U.S. Attorney Alexander M.M. Uballez announces $1.4M Grant to the Crime Victims Reparation Commission of New MexicoRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney Alexander M.M. Uballez announced today that, in commemoration of the 29th anniversary of the original enactment of the Violence Against Women Act (VAWA), the Department of Justice awarded a $1,464,308.00 grant to the New Mexico Crime Victims Reparation Commission as part of VAWA’s signature program, STOP (Services, Training, Officers, and Prosecutors) Violence Against Women Formula Grants Program. The program awards funds to every U.S. state and territory to promote a coordinated community response among law enforcement, prosecution, courts, victim services organizations, and other community services to ensure the safety of survivors and the development of programs to end gender-based violence and hold offenders accountable.
“Prior to the enactment of VAWA, survivors were primarily left to fend for themselves, often cycling in and out of dangerous environments with little help from legal systems or service providers.” OVW Director Rosie Hidalgo said. “VAWA has changed this landscape by supporting a coordinated community response to address domestic violence, sexual assault, dating violence, and stalking in a more comprehensive manner. It emphasizes survivor-centered, trauma-informed, and community-based approaches and ensures that services are available across every state and territory.”
“The bravery of survivors makes justice possible,” said U.S. Attorney Uballez. “They report crimes at tremendous personal risk, they flee the safety of shelter and familiarity, and they courageously testify against their abusers in open court. And, in doing so, they protect others from the violence of their abusers. As a community, we owe these women support outside of the courtroom. With this grant, the Department of Justice lives up to our promise to center the experiences of survivors, keep them safe, and help them heal.”
"The New Mexico Crime Victims Reparation Commission is grateful for the continued support from the Department of Justice, Violence Against Women Act (VAWA) for the STOP (Services, Training Officers, and Prosecutors) formula grant funding on the 29th anniversary of the enactment,” said Frank Zubia, Director of the New Mexico Crime Victims Reparation Commission. “The 15% financing increase of $1,464,308. is vital as most states prepare for the impending VOCA cuts. This funding promotes a coordinated, multidisciplinary approach to improving the criminal justice system's response by creating community partnerships between law enforcement, prosecution, the courts, victim advocates, and service organizations to enhance victim safety for victims of domestic violence, sexual assault, dating violence, and stalking."
OVW provides leadership in developing the nation’s capacity to reduce violence through implementing VAWA and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities nationwide that are developing programs, policies, and practices to end domestic violence, dating violence, sexual assault, and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
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Torreon Man Sentenced to 4 Years in Prison for AssaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Monty Joe Montoya, 43, of Torreon, and an enrolled member of the Navajo Nation, was sentenced to four years in prison. Montoya pled guilty to assault resulting in serious bodily injury on March 31, 2023.
According to court documents, on March 15, 2022, Montoya hit his girlfriend, Jane Doe, an enrolled member of the Navajo Nation, in the head and face multiple times with a closed fist and a .45 caliber pistol. When Jane Doe tried to get away, Montoya pointed the pistol at her and fired, hitting her in the left arm and breaking the bone. Jane Doe's face was extremely bruised and swollen, and she required surgery to repair the bone broken by the gunshot. After he shot Jane Doe, Montoya took the pistol to his mother’s house to hide it in an effort to conceal what he had done.
Upon his release from prison, Montoya will be subject to three years of supervised release.
The FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant United States Attorney Kimberly Bell is prosecuting the case.
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Mescalero Man Sentenced to 10 Years in Prison for Domestic AssaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Julius Scott Mendez was sentenced to 10 years in prison. Mendez, 31, of Mescalero, and an enrolled member of the Mescalero Apache Tribe, pled guilty to assault of an intimate partner resulting in substantial bodily injury and assault of an intimate partner by strangling on January 31, 2023.
According to court documents, on April 25, 2022, Mendez was drinking alcohol with his then-girlfriend, Jane Doe, at Jane Doe’s house. Mendez became upset with Jane Doe and began to argue with her until Jane Doe went to bed to end the argument. Later that night, Jane Doe awoke to Mendez viciously kicking her and stomping on her chest while wearing steel-toed boots. Mendez kicked, punched, and strangled Jane Doe until she lost consciousness. Jane Doe awoke the next morning in her bed in a pool of blood. In addition to violently assaulting Jane Doe, Mendez also destroyed Jane Doe’s house.
Jane Doe was treated at the Lincoln County Medical Center twice after the assault. Jane Doe presented at the emergency room with severe bruising to her head, face and neck and a nasal septal deviation. Jane Doe will need surgery to address the injuries.
Upon his release from prison, Mendez will be subject to 6 years of supervised release.
The Bureau of Indian Affairs investigated this case. Assistant United States Attorneys Matilda McCarthy Villalobos and Eliot Neal are prosecuting the case.
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Pinedale Man Sentenced to 12 Years in Prison for Sexual AbuseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Sheldon Livingston was sentenced to 12 years in prison. Livingston, 23, of Pinedale, and an enrolled member of the Navajo Nation, pled guilty to abusive sexual contact of a child under 12 on April 18, 2023.
According to court documents, in December 2020, Livingston engaged in a sexual act with a child who had not attained the age of 12. The victim disclosed the abuse to a forensic interviewer in April 2021. According to the victim, Livingston was told to stop, but he did not; instead, he told the victim to “be quiet.” The victim was eventually able to push Livingston off and run away. Following the incident, Livingston attempted to remain in contact with the victim, but they refused.
When confronted by police, Livingston downplayed his criminality, expressing he mainly just kissed and held hands with the victim, and that everything was done with consent. Livingston denied that the victim told him to stop but did admit that he told them not to tell anyone.
Upon his release from prison, Livingston will be subject to five years of supervised release. He must also register as a sex offender.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Zachary C. Jones is prosecuting the case.
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Mescalero Man Charged with Domestic AssaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Ashton Louis Apachito appeared in federal court on a criminal complaint charging him with assault by strangling and/or suffocating an intimate partner. Apachito, 19, of Mescalero and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending a preliminary and detention hearing set for September 15, 2023.
According to the criminal complaint, on July 19, while at his mother’s residence in Mescalero, Apachito allegedly lost his temper and choked and bit the victim on the cheek. Apachito’s family intervened and reported the incident to the Bureau of Indian Affairs (BIA), but officers were only informed that Apachito was causing a disturbance, not of the assault.
Following the incident, the victim left the residence to stay with her mother. Over the next several days, Apachito allegedly harassed the victim by phone and threatened to throw all of her belongings in the road. On July 29, the victim returned to the residence to collect her belongings, at which time Apachito allegedly attacked the victim, pushing her to the ground, kicking her in the stomach multiple times and choking her. The next morning, the victim called her mother and asked her to pick her up. The victim’s mother reported the domestic violence to BIA and the victim was transported to the Lincoln County Medica Center for treatment.
When interviewed by BIA officers, Apachito admitted to biting, hitting, choking, and pushing the victim.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charge, Apachito faces up to 10 years imprisonment.
The Bureau of Indian Affairs investigated the case. Assistant U.S. Attorney Eliot Neal is prosecuting the case.
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Carlsbad Man Sentenced to 70 Years in Prison for Production and Distribution of Child PornRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Joseph Crutcher was sentenced to 70 years in prison and ordered pay $50,000 in restitution. Crutcher, 59, of Carlsbad, pled guilty on Feb. 27 to production of a visual depiction of a minor engaging in sexually explicit conduct, distribution of child pornography, and possession of child pornography.
According to court documents, on Nov. 8, 2022, a Task Force Officer (TFO) was monitoring a fetish website that is known to be used to meet, discuss and trade child sexual abuse material (CSAM) when they were contacted by a private user. The user offered and provided the TFO with several images of a minor performing sexually explicit conduct.
On Nov. 9, agents from the Federal Bureau of Investigation identified the user of the account as Rachel Crutcher and obtained a search warrant for Crutcher’s residence in Carlsbad. During the execution of the search warrant, agents spoke to Crutcher and his wife Rachel. Joseph admitted he was the one who had taken the pictures of him sexually abusing the children and claimed Rachel was unaware of his conduct. Rachel initially denied knowledge or involvement, but during a later interview she admitted she had been involved.
Through diligent investigation, agents determined that both Joseph and Rachel had sexually abused three minor children they had access to from the time they were infants with the intent of producing CSAM and that Joseph, posing as Rachel, was the individual who sent the images to the TFO. The investigation also revealed that Joseph had recruited other men to sexually abuse one of the children.
Upon his release from prison, Crutcher will be subject to lifetime supervised release and must register as a sex offender.
On Feb. 27, 2023, Rachel Crutcher pled guilty to production of child pornography and was sentenced to 30 years in prison. Upon her release from prison, Rachel must register as a sex offender.
Roswell Resident Agency and Albuquerque Division of the Federal Bureau of Investigation. Assistant U.S. Attorneys Marisa A. Ong and Matilda M. Villalobos are prosecuting the case as part of Project Safe Childhood (PSC), 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 Man Sentenced to 33 Months in Prison for 2022 Bank RobberyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Uriah Davis was sentenced to 33 months in prison. Davis, 32, of Albuquerque, pled guilty to bank robbery on Feb. 13, 2023.
According to court documents, on the morning of May 2, 2022, Davis entered the Wells Fargo Bank located on Central Ave and made a verbal demand for money to the teller and repeatedly told her to hurry. The teller handed Davis $4,900.00 in United States currency. A large amount of that United States currency was in one hundred-dollar bills due to a previous customer’s transaction. Davis took the currency and left the bank on foot heading west.
Later on May 2, the FBI received a tip through the National Threat Operation Center that led agents to Davis’ location. On May 4, the FBI executed a federal search warrant on a room at the Tewa Lodge motel in Albuquerque, where Davis was found and taken into custody. During a subsequent interview, David admitted to robbing the bank and claimed that he had spent the money on a pistol and fentanyl pills. Davis told agents he had been clean for seven or eight years but had recently started using again.
Upon his release from prison, Davis will be subject to 3 years of supervised release.
The Federal Bureau of Investigation’s Albuquerque Violent Crimes Task Force investigated this case. Assistant United States Attorney Anderson Hatfield is prosecuting the case.
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Zuni Man Charged with Aggravated Sexual AbuseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Stanton Hannaweeke appeared in federal court on a criminal complaint charging him with aggravated sexual abuse with children. Hannaweeke, 61, of Zuni and an enrolled member of the Pueblo of Zuni, will remain in custody pending a preliminary and detention hearing scheduled for September 13, 2023.
According to the criminal complaint, on August 20, 2023, Jane Doe, a minor, told her mother that Hannaweeke had sexually assaulted her the day before. During a subsequent interview with law enforcement officers, Jane Doe reported that Hannaweeke had begun touching her approximately 3 to 4 years prior to the report. Jane Doe’s siblings collaborated her report by confirming that Jane Doe had either told them about prior incidents or they witnessed the incidents themselves.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charge, Hannaweeke faces up to lifetime imprisonment.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant U.S. Attorney Robert James Booth II is prosecuting the case.
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Church Rock Man Charged with Sexual AbuseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Nathaniel Luz appeared in federal court on a complaint charging him with four counts of aggravated sexual abuse, one count of sexual abuse of a minor and two counts of abusive sexual contact. Luz, 31, of Church Rock and a registered member of the Navajo Nation, will remain in custody pending trial.
According to court documents, between January 2014 and April of 2022, Luz allegedly engaged in sexual acts with a child who had not then attained the age of 12 years in five separate incidents. Then, between January 2021 and December 2021, Luz allegedly engaged in sexual contact with a second victim, a child who had not yet attained the age of 12 years. Lastly, in August 2022, Luz allegedly engaged in a sexual act with a third victim, a child who had attained the age of 12 years but had not attained the age of 16 years.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charges, Luz faces up to life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office, Navajo Police Department and the Navajo Department of Criminal Investigations investigated this case. Assistant U.S. Attorney Brittany DuChaussee is prosecuting the case.
- Albuquerque Smoke Shop Owner Sentenced to 3 Years in Prison for Drug Offense
Albuquerque Man Pleads Guilty to Firearms OffensesRead the Press Release
ALBUQUERQUE, N.M. – 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 Marquez Martinez pled guilty to dealing in firearms without a license and two counts of unlawful possession and transfer of a machine gun. Martinez, 25, of Albuquerque, will remain at the La Pasada Halfway House under numerous conditions of release pending sentencing, which has not been scheduled.
According to court documents, in January of 2023, Martinez came to the attention of the Albuquerque Police Department (APD) and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) when a West Mesa High School student was found on campus with two firearms in their possession, one being a Glock which had been modified with a machine gun conversion device commonly referred to as a “switch.” The Glock was traced back to its original purchaser, Martinez. Over the next five months, undercover detectives from the Albuquerque Police Department conducted 4 controlled purchases of both firearms and machine gun conversion devices from Martinez through Instagram and tied two more guns seized during traffic stops back to him. During that time, the ATF also tracked Martinez’s firearm purchases, counting a total of approximately 35 purchased in 5 months. Based on this evidence, the ATF executed a search warrant on Martinez’s residence where they located approximately 15 firearms, a large amount of ammunition, and numerous ammunition magazines.
When questioned by agents, Martinez admitted to purchasing hundreds of firearms since turning 21, including at least 50 purchases in the past 6 months.
At sentencing, Martinez faces up to 10 years in prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Patrick E. Cordova is prosecuting the case.
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Zuni Man Sentenced to 10 Years in Prison for Firearm OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Nicholas Pinto was sentenced to 10 years in prison. Pinto, 24, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, pled guilty to assault with a dangerous weapon resulting in serious bodily injury and discharging a firearm during a crime of violence in Indian Country on July 10, 2023.
According to court documents, on Sept. 18, 2022, Pinto and another individual arrived at John Doe’s house. Shortly after, Pinto began arguing with the individual he arrived with, which prompted John Doe to request that Pinto leave the residence. On his way out, Pinto told John Doe that he “would be back.” Pinto kept his promise, and armed with a shotgun, returned an hour later and shot John Doe in the lower body with a slug. While John Doe lied immobilized on the ground, Pinto racked another shell to finish him off, but the gun jammed. Pinto then fled the scene.
Upon his release from prison, Pinto will be subject to 5 years of supervised release.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.
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Shiprock Man Sentenced to 3 Years in Prison for Involuntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Keanu Marcel Upshaw was sentenced to 37 months in prison. Upshaw, 22, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty to involuntary manslaughter on April 6, 2023.
According to court documents, on Sept. 16, 2021, following a night of drinking, Upshaw lost control of the vehicle he was driving as he was attempting to take another drink of alcohol, causing it to crash and ejecting both Upshaw and his passenger from the vehicle. Upshaw’s passenger died from their injuries as a result of the crash. A blood draw taken about two hours after the accident showed that Upshaw’s blood alcohol concentration was .18, which is more than twice the legal limit in New Mexico. Accident reconstruction showed that Upshaw was going somewhere between 69 mph to 80 mph in a 55 mph zone when he lost control of the vehicle.
Upon his release from prison, Upshaw will be subject to 3 years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations investigated this case. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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23-211
Laguna Man Pleads Guilty to AssaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Andres Nathaniel Harjo pled guilty to assault. Harjo, 25, of Laguna and an enrolled member of Laguna Pueblo, will remain in custody pending sentencing, which has not been scheduled.
According to court documents, on February 15, 2020, Harjo assaulted the victim, Jane Doe, at their shared residence and only stopped when his actions were interrupted by a third individual.
At sentencing, Harjo faces up to 10 years in prison.
The Bureau of Indian Affairs investigated this case with assistance from the Pueblo of Laguna Police Department. Assistant United States Attorney Alexander F. Flores is prosecuting the case.
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