District of New Mexico

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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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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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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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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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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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 – 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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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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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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23-239

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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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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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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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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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.

Filed Criminal Complaint

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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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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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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, 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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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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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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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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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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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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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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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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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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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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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, 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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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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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, 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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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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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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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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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 Derek Lorin Blackhorse was sentenced to 97 months in prison. Blackhorse, 34, of Fruitland and an enrolled member of the Navajo Nation, pleaded guilty to attempted sexual abuse on April 27, 2023.

According to court documents, on May 28, 2021, while intoxicated, Blackhorse attempted to engage in sexual intercourse with the victim, Jane Doe, while she was sleeping in her bed at her home.

Upon his release from prison, Blackhorse must register as a sex offender and will be subject to 20 years on supervised release.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Nicholas J. Marshall 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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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 Ulrick Bruce Canyon appeared in federal court on a complaint charging him with arson of a dwelling within the maritime and territorial jurisdiction of the United States. Canyon, 40, of Farmington and an enrolled member of the Navajo Nation, will remain in custody pending a preliminary and detention hearing scheduled for September 5, 2023.

According to the criminal complaint, on August 28, 2023, officers from the Navajo Nation Police Department responded to a call reporting that a residence located on Indian Service Route 5081 was on fire. As a Navajo Nation Criminal Investigator was responding to the scene, he observed Canyon pushing a wheel barrel full of clothes down the same road used to access the burning residence. When the Criminal Investigator questioned Canyon, he admitted to spraying lighter fluid around the inside of the residence and igniting the lighter fluid with a match. Canyon grabbed his own clothes, threw them into a wheel barrel, and left the residence after throwing two 20-pound propane bottles into the fire.

The Criminal Investigator interviewed the homes residents, John and Jane Doe, who advised that Canyon resided at the home with them. According to John and Jane Doe, Canyon’s behavior over the last several days had become erratic and violent due to drinking and drug use.  The Does further stated that they had left the residence out of fear and had been staying at a hotel in Farmington when they received the call that their house was on fire.

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

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Victoria Owens, Special Agent in Charge of the United States Fish and Wildlife Service, Region 2, announced today that Jared Piepkorn, 47, of Clovis, New Mexico pleaded guilty and was sentenced to two years’ probation for Sale of Wildlife Taken in Violation of State Law, a violation of the Lacey Act.

The United States charged Piepkorn with one misdemeanor violation of the Lacey Act occurring in January 2021 after he agreed to also plead guilty in State District Court to several wildlife related charges occurring in January 2022. The United States alleged he engaged in the sale of wildlife by acting as an unregistered guide or outfitter in 2021 and guiding an out of state hunter who killed an Oryx on the White Sands Missile Range without a proper permit.

In addition to serving two years’ probation, Piepkorn was fined $2,000 and will be required to complete 50 hours of community Service. The fine will be used to further wildlife conservation efforts.

The United States Fish and Wildlife Service investigated this case jointly with the New Mexico Department of Game and Fish.  Assistant United States Attorney Letitia Carroll Simms prosecuted the case.

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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 Lathem Eskeets pleaded guilty to one count each of sexual abuse of a minor and abusive sexual contact. Eskeets, 30, of Church Rock, will remain in custody pending sentencing, which has not been scheduled.

According to court documents, between August 2012 and August 2013, Eskeets engaged in a sexual act with a minor victim who was older than 12 at the time, but younger than 16. During the same time period, Eskeets made sexual contact with a minor victim who was younger than 12 at the time.

Upon his release from prison, Eskeets must register as a sex offender.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Zachary Clark Jones is prosecuting the case.

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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 Joe Alex Abeita III was sentenced to 38 months in prison. Abeita, 33, of Bosque Farms, pled guilty to being a felon in possession of a firearm and ammunition on March 21, 2023.

According to court documents, on March 3, 2022, tribal police officers attempted to arrest Abeita for an outstanding federal arrest warrant for being a felon in possession of a firearm.  Officers initiated the arrest outside the Isleta Tribal Court building after he met with his probation officer. Abeita initially complied before changing his mind and attempting to flee. When officers apprehended him, Abeita continued to resist and moved his hand near his front waistband, which led officers to believe he was reaching for a weapon. When they had successfully secured him, officers asked Abeita if he had any weapons on his person and he admitted that he had a firearm on his leg. Officers determined that the firearm was loaded with a round chambered.  This was the second time Abeita possessed a firearm within a span of six months. 

Abeita was previously convicted of use of a firearm during and in relation to a crime of violence in 2012. As a previously convicted felon, Abeita cannot legally possess firearms or ammunition.

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

The FBI Albuquerque Field Office investigated this case with assistance from the Isleta Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.

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ALBUQUERQUE, N.M. – Today, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, and W. Troy Weisler, New Mexico State Police Chief, announced the results of a coordinated, multiagency enforcement operation across the state which targeted alleged members of the Bandidos Motorcycle Club.

According to the search warrant, over the past four years, law enforcement officials in New Mexico, Texas, and Oklahoma have observed a sharp increase in violence between the Bandidos and the Mongols Motorcycle Club. Most recently, in May 2023, in Red River, NM, several Bandidos members from New Mexico and Texas confronted a group of Water Dogs MC members. The confrontation was the continuation of months of harassment by the Bandidos concerning whether the Water Dogs MC had aligned itself with the Bandidos or Mongols. In Red River, Bandidos members surrounded the Water Dogs MC members, and three Bandidos members attacked a Water Dogs member. The fight escalated and two Bandidos members and one Water Dogs member were shot and killed. Five bystanders were wounded in the incident.

Following the Red River shooting, New Mexico State Police contacted the FBI and requested assistance conducting a statewide investigation of the Bandidos. Subsequently, in June 2023, the Outlaw Motorcycle Gang Task Force (OMGTF) was created. The OMGTF is comprised of investigators and analysts from the FBI, NMSP, New Mexico Corrections Department, Albuquerque Police Department, Rio Rancho Police Department, Ruidoso Police Department, Bernalillo County Sheriff’s Office, Valencia County Sheriff’s Office, Eddy County Sheriff’s Office, Otero County Sheriff’s Office and Lincoln County Sheriff’s Office.

The OMGTF set its sights on the Bandidos, given the organization’s continued participation in murders, shootings, extortion, and other violent acts.  It focused on twenty-five members within the New Mexico chapters who appeared to be the most criminally active and loudest voices advocating for continued violence.

The search warrant was executed on premises in Albuquerque, Rio Rancho, Los Lunas, Belen, Tome, Grants, San Rafael, Gallup, Farmington, Hobbs, Alamogordo, Ruidoso, Capitan and Arabela. During the subsequent searches, law enforcement officers seized 151 firearms, thousands of rounds of ammunition, numerous ballistics vests, and fentanyl, meth and cocaine. A stolen police radio was also recovered.

As a result of the operation, two individuals were arrested on state charges. They are Kenneth Martinez and Henry Mascarenas.  Charges are also pending against Ed Sanchez Solis.

“The motorcycle is a symbol of freedom, of individualism, and the open road,” said U.S. Attorney Uballez. “But today, a selfish few are trying to tell us who gets to enjoy our roads, what clothes they are required to wear, and with whom they can ride. The people of New Mexico have no more patience for violent bullies. Working together, the law enforcement agencies of New Mexico return the open road to the public who owns it.”

“Today, we joined forces to take significant law enforcement action to disrupt an outlaw motorcycle gang trying to establish a foothold in our communities,” said FBI Special Agent in Charge Raul Bujanda.  “Along with our local, state, tribal, and federal law enforcement partners, our efforts to combat organized violent crime will continue to be waged each and every day.  I am grateful for the dedicated law enforcement professionals who work tirelessly to disrupt such criminal activity and fight for justice on behalf of the citizens we serve and protect.”

“The ongoing violence involving outlaw motorcycle gangs across our state has a negative impact on all the citizens of New Mexico.  The law enforcement community owes it to those we serve to come together and stop this behavior,” said Troy Weisler, Chief of the New Mexico State Police.  “By working with our Federal, State, County, and local law enforcement partners on operations like this one, we are one step closer to preventing the spread of drugs and criminal mischief that accompanies outlaw motorcycle gangs.”  

The OMGTF led the investigation, with assistance from the United States Bureau of Prisons, United States Probation Office, New Mexico Organized Crime Commission, Texas Department of Public Safety, Second Judicial District Attorney’s Office, Eighth Judicial District Attorney’s Office, Twelfth Judicial District Attorney’s Office, and other law enforcement or corrections agencies.

Assistant U.S. Attorneys Joseph M. Spindle and David B. Hirsch are assisting with the investigation.

Defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico announced today that Matthew Vicenti pleaded guilty to domestic assault by a habitual offender and assault by an intimate partner by strangling, suffocating or attempting to strangle or suffocate. Vicenti, 33, of Dulce, New Mexico, and an enrolled member of the Jicarilla Apache Tribe, will remain in custody pending sentencing, which has not been scheduled.

According to court documents, from Dec. 26 to Dec. 28, 2021, Vicenti confined and assaulted his intimate partner and the mother of his children, Jane Doe, in their home. On Dec. 28, 2021, when law enforcement knocked on Vicenti’s front door, Vicenti covered Jane Doe’s mouth with one hand and choked her with the other in order to keep her from calling for help. Officers heard Jane Doe’s cries and kicked in the front door, at which point Vicenti ran and hid in a closet.

At the time, Vicenti had been convicted previously on at least two occasions in Tribal court of offenses against a spouse and intimate partner.

At sentencing, Vicenti faces up to 15 years in prison.

The Jicarilla Apache Police Department investigated this case. Assistant United States Attorney Kimberly Bell is prosecuting the case.

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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 Ervinson Yazzie pleaded guilty to one count each of distribution of visual depictions of minors engaged in sexually explicit conduct and possession of visual depictions of minors engaged in sexually explicit conduct. Yazzie, 34, of Gallup, will remain on conditions of release pending sentencing, which has not been scheduled.

According to court documents, on October 10, 2018, the Internet Crimes Against Children Unit of the New Mexico Attorney General’s Office received a tip from the National Center for Missing and Exploited Children (NCMEC). The tip was originally submitted to NCMEC by Facebook. The tip alleged that Yazzie uploaded and sent one file of child sexual abuse material (CSAM) to another Facebook user.

During the resulting investigation, agents determined that Yazzie had sent approximately 90 images of CSAM to another Facebook user on September 14, 2018. On December 21, 2020, the FBI conducted an interview of Yazzie at his residence. During the interview, Yazzie indicated he had found and downloaded the CSAM from the internet and possessed more images on a hard drive. On the hard drive, the FBI located 90 images and 28 videos of CSAM.

In the plea agreement, Yazzie admitted that he distributed 96 images of CSAM through Facebook messenger and that he possessed approximately 28 videos and 90 images depicting CSAM on a hard drive.

At sentencing, Yazzie faces up to 20 years in prison. Upon his release from prison, Yazzie will be subject to up to lifetime supervised release and must register as a sex offender.

The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the New Mexico Attorney General’s Office and the New Mexico Regional Computer Forensics Lab. 

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and his staff met with members of the Westgate community on August 2 at the Westgate Community Center to discuss violent crime. Becky Davis from the Westgate Heights and Avalon Neighborhood Associations, Michael Parra, school-based coordinator for the School-Based Violence Intervention Program (VIP), Deputy U.S. Marshal Jim Glisson, Matthew Cross-Guillen, Health Promotion Specialist from the New Mexico Department of Health, Michele Torres, Principal of West Mesa High School, Sharay Hill, Community School Coordinator at West Mesa High School, Carolyn Brown, history teacher from West Mesa High School, and Stevie Maestas, a licensed Master Social Worker at West Mesa High School, presented statements. This listening session focused on community-based solutions and how to work with both parents and students to address issues affecting the community. This was the fifth and final listening session held with community members this summer.

United States Attorney Uballez opened the session by explaining that the Attorney General directed United States Attorney’s Offices to focus on addressing violent crime through intervention and outreach efforts. Participants described how generational trauma creates a cycle of violence in Albuquerque. Others described systemic issues within the juvenile justice system that fail to address recidivism and provide resources to young offenders before they commit felonies. All participants agreed that adults and teachers need more support, education, and resources to help teens become productive members of society when they reach adulthood.

Stevie Maestas started the session by sharing the effects violence in the community has on the schools. “This is my eighth year at West Mesa and I have never seen the violence and the amount of issues be this big,” Maestas said. “We have [no] less than 500 kids at any moment at high-risk who are getting behavior, attendance and course performance… those three indicators are very much indicating that our students need support and help.”

(Behavior, attendance and course performance are strong predictors of high school completion and part of  an early warning indicator system that identifies students who are in danger of dropping out and need help to keep them on track for graduation, thereby improving their chances of future success.)

Michael Parra posed the idea that providers should shift the focus on prevention and education to elementary school-aged families. Parra explained that providers need to go to ‘the root’ because that is when parents begin to establish and grow their skills. Parra and Maestas explained that this was necessary so that parents and guardians could be proactive instead of reactive. Maestas posited that Head Start programs focusing on families with young children would help parents and guardians who are trying to break down generational trauma by making it normal for them to ask for help.

Michele Torres shared that she had introduced “Coffee with the Principal” in order to connect with student’s families and that she has found it has a positive impact. Torres extended an invitation to USA Uballez to attend this and other school events so that he would have the opportunity to converse with students and their families, and to show the students that he and his staff are safe adults who want them to be successful. This would also show the teachers, parents and guardians that he and his staff are present in the community and listening.

In response to USA Uballez’s question about how to most effectively reach families, Carolyn Brown explained that parents and guardians are not fully aware of what schools can and cannot do to address the root issues that can be indicators of future violence, and when they do become aware of the schools’ limitations, parents and guardians often recognize their part in the solution. Brown and other participants recommended that the USA employ a similar tactic by being transparent and taking steps to fully inform the community about the challenges it faces and his office’s role in addressing those issues.

Carolyn Brown reiterated the importance of federal prosecutors going into the schools to reach students and families and being transparent about what issues they are seeing in the city as well as the effects on the community as a whole. USA Uballez agreed with the participants that it was important for him to hear from community members and that new tactics need to be employed by the Department. As a result, USA Uballez attended West Mesa’s first parents’ night of the new school year and spoke to families about the actions his office is taking to address violent crime.

All participants expressed a tremendous passion for and commitment to improving their communities and came to the table with achievable, family-focused solutions. Sharay Hill summarized this best in her statement, “The kids have so much potential, even the kids that get in trouble. I think they are so smart and have so much passion and it breaks my heart to know that some of them are trapped under a system or are being exposed to things that they can’t get out of.” Hill added, “there’s a lot of conversation around wanting to provide the highest quality of education possible so that these students can move on and pursue life after high school, because there’s so much life, and hopefully [they] succeed at whatever that is.”

USA Uballez convened this listening session as part of the Department of Justice’s Project Safe Neighborhoods (PSN) Program. USA Uballez previously met with representatives from organizations that serve Albuquerque’s International District, community providers who serve the unhoused population, social justice activists, and addiction and treatment service providers. These sessions were an opportunity for the USA and his staff to recognize the vital role that these leaders, providers and advocates play in our community.

Immediately following the first listening session in July, USA Uballez and his staff began implementing specific efforts to support the community based on the recommendations they received. Steps taken included assisting organizations with getting reimbursement for services provided to law enforcement agencies, participating in National Night Out, and equipping service providers with information, resources, and documents to help them more effectively serve their communities. In the coming months, USA Uballez and his staff will continue to focus on intervention and outreach efforts.

PSN is an evidence-based program proven effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. In New Mexico, the United States Attorney’s Office pursues a community violence intervention approach. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally-based intervention, prevention, and reentry programs for lasting reductions in crime.

PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies and community organizations. The programs’ emphasis on community engagement, prevention and intervention measures, focused and strategic enforcement, and measurement and accountability has helped achieve overall reductions in violent crime, including gun homicides, in neighborhoods where PSN strategies have been implemented.

 

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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 Gerald Lee pled guilty to sexual abuse of a minor. Lee, 37, of Tse Bonito, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

According to court documents, on May 15, 2021, Lee raped the victim, Jane Doe, who was 15 years old at the time, at his mother’s house within the exterior boundaries of the Navajo Nation.

Lee faces up to fifteen years in prison followed by five years of supervised release and must register as a sex offender.

The Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Police Department investigated this case. Assistant U.S. Attorney Kimberly Bell is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Kylie Lujan was sentenced to 5 years supervised probation and a period of community service. Lujan, 26, of Taos, New Mexico, and an enrolled member of the Taos Pueblo, pled guilty to assault resulting in bodily injury on March 30, 2023.

According to court documents, on March 25, 2022, Lujan’s sister, Jane Doe, asked her to spend the night at her house and watch their grandmother, who is wheelchair bound and on dialysis, the next day. When Lujan’s sister picked her up, she suspected that Lujan was intoxicated. Lujan later admitted that she drank a pint of Jack Daniels before Jane Doe picked her up.

Later that night, Lujan’s sister expressed her disappointment in Lujan’s failure to “step up” and assist the family with their grandmother’s care. Without hesitation, Lujan wrapped her hands around her sister’s neck, then choke slammed her to the ground before punching her “five to six” times in the face with a closed fist. When their grandmother attempted to intervene, Lujan pushed her away and fled the scene. The assault resulted in multiple fractures that required Jane Doe be emergency airlifted to UNMH for facial reconstructive surgery.

Federal prosecutors made the recommendation for supervised release instead of jail time based on Lujan’s complete compliance with the terms of her pretrial release, lack of criminal history, and with the support of her family, including Jane Doe.

The Taos Pueblo Department of Public Safety investigated this case. Assistant United States Attorney Matthew McGinley is prosecuting the case.

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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 Richard Crisman was sentenced to 10 years in federal prison. Crisman, 39, of Albuquerque, pled guilty to possession of child pornography on April 12, 2023. This was Crisman’s second conviction for possession of child pornography. He previously pled guilty to receipt of a visual depiction of minor engaged in sexually explicit conduct on Feb. 24, 2012, and was sentenced to 97 months in federal prison followed by 25 years of supervised release.  

According to court documents, on April 7, 2021, during a routine field visit to Crisman’s residence in Rio Rancho, the US Probation Officer noticed an unauthorized USB device attached to his computer and confiscated the device. A search of the device and Crisman’s other devices revealed thousands of images and videos of children under the age of 18 engaging in sex acts. When questioned, Crisman admitted to downloading the Child Sexual Abuse Material.

Upon his release from prison, Crisman will be subject to lifetime supervised release.

The FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Anderson C. Hatfield is prosecuting the case.

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23-198

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and his staff met with social justice advocates on August 1 at the Main Public Library to discuss violent crime. Baruch Campos, Program Director for Together for Brothers, Starlyn Brown and Karen Douglas from the League of Women Voters of Central New Mexico, and Jack Champagne, Program and Legal Director from the New Mexico Black Leadership Council, presented statements. This was the fourth listening session held with community members this summer.

United States Attorney Uballez opened the session by explaining that the Attorney General directed United States Attorney’s Offices to focus on addressing violent crime through intervention and outreach efforts. Participants described how crime at bus stops and on buses reflects a larger issue with guns, drugs and violent crime in Albuquerque. Others described how the negative perception of the city and law enforcement in the community and the media, whether accurate or inaccurate, produces an amount of fear and divisiveness which is disproportionate to the actual circumstances in the city. Participants agreed that Albuquerque Community Services (ACS) needed more support and resources so that they could expand their scope of work.

Speaking to the challenges facing local organizations who work with the unhoused population to address drugs and violence, Baruch Campos said “we’ve tried working with organizations like HopeWorks and organizations that specialize in [the unhoused population]. The issues there when we tried to do that, they’re just so overwhelmed. There’s a lot, there’s a huge population that is in need. When I think about that, it’s just like what is our city doing to support either those organizations doing that work or to support people directly?”

Jack Champagne agreed, saying “a lot of them are closing down too. I’ve noticed as we’ve kind of gotten on the tail end of COVID funding they just haven’t had any additional support and so they just couldn’t keep the doors open. So now we’re dealing with less of these organizations doing work and the remaining organizations are getting even more that they have to do.”

When asked what concerns participants have about safety and violence in the community, Starlyn Brown and Karen Douglas agreed that gun violence was a general concern, especially the increase in gun violence amongst youth. One participant shared that their family had been directly affected by gun violence and that the case remains unsolved, leaving the family without answers or closure.

When asked what issues the participants see that cause the divide between law enforcement and the community, Champagne observed “my perception of [APD] is that they’re kind of in a bit of a double bind in the sense that they are perceived as both over policing and under policing…. they’re responses are perceived as heavy-handed and occasionally they’re seen as not responding at all.” Champagne continued, “its very easy for a direct response to spiral out of control, especially if we are dealing with new police officers or police officers in a new community or police officers in a community that is not their own... we don’t have a ton police who know what it’s like to live in the [International] District for instance, so it’s very difficult for them to understand what an appropriate response is.”

“…we expected too much of APD.” Brown agreed. “It’s kind of like in the school system where the teachers are babysitters, they’re councilors, they have to, you know, deal with the parents.”

On August 18, 2023, USA Uballez, together with ACS and the Mayor’s Office, announced that the Department of Justice awarded a $2,050,000.00 grant to the Albuquerque Community Safety Department and its Violence Intervention Program. ACS and VIP will use the discretionary earmark funding to expand the scope of their programs. This will enhance service in violence prevention, intervention, and support within Albuquerque. In addition to the expansion of the existing work, this funding can help with exploring the establishment of an Office of Violence Prevention for the City of Albuquerque.

USA Uballez convened this listening session as part of the Department of Justice’s Project Safe Neighborhoods (PSN) Program. USA Uballez previously met with representatives from organizations that serve Albuquerque’s International District, community providers who serve the unhoused population, and addiction and treatment service providers. These sessions were an opportunity for the USA and his staff to recognize the vital role that these leaders, providers and advocates play in our community.

PSN is an evidence-based program proven effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. In New Mexico, the United States Attorney’s Office pursues a community violence intervention approach. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally-based intervention, prevention, and reentry programs for lasting reductions in crime.

PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies and community organizations. The program’s emphasis on community engagement, prevention and intervention measures, focused and strategic enforcement, and measurement and accountability has helped achieve overall reductions in violent crime, including gun homicides, in neighborhoods where PSN strategies have been implemented.