District of New Mexico
Press releases recorded for this federal judicial district.
Fruitland Man Sentenced to 8 Years in Prison for Sexual AbuseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that 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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23-212
Farmington Man Charged with ArsonRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that 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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23-207
Clovis Man Sentenced to 2 Years Probation for Misdemeanor Wildlife Trafficking ChargeRead the Press Release
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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23-210
Church Rock Man Pleads Guilty to Sexual AbuseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced 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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23-208
Bosque Farms Man Sentenced to 38 Months in Jail for Firearms OffenseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the 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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23-209
Task Force Targets Bandidos Motorcycle Club in Joint Enforcement OperationRead the Press Release
ALBUQUERQUE, N.M. – Today, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, and 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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23-205
Dulce Man Pleads Guilty to Domestic Assault by a Habitual Offender and AssaultRead the Press Release
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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23-204
Gallup Man Pleads Guilty to Distribution and Possession of Child PornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that 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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23-203
Readout from United States Attorney Alexander M.M. Uballez’s Violent Crime Listening Session with Westgate Community MembersRead the Press Release
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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23-202
Tse Bonito Man Pleads Guilty to Sexual Abuse of a MinorRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the 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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23-201
Taos Woman Sentenced to 5 Years Supervised Probation and Community Service for Assault Resulting a Serious Bodily InjuryRead the Press Release
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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23-199
Recidivist Sex Offender Sentenced to 10 Years for Possession of Child PornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that 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
Readout from United States Attorney Alexander M.M. Uballez’s Violent Crime Listening Session with Social Justice AdvocatesRead the Press Release
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.
Nageezi Man Sentenced to 17 and a Half Years in Prison for Second-Degree MurderRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Evan Haceesa was sentenced to 17 years six months in prison. Haceesa, 29, of Nageezi, New Mexico, and an enrolled member of the Navajo Nation, pled guilty to second-degree murder on March 22, 2023.
According to court documents, on Aug. 28, 2022, following a familial argument, Haceesa attacked a defenseless Jane Doe, who was his girlfriend of ten years and the mother of his two children. Haceesa attacked her at his father’s residence in Nageezi on the Navajo Nation. Haceesa continuously punched Jane Doe in the face until she lost consciousness and then kicked her lifeless body several times. After the initial attack, which lasted approximately 10-15 minutes, Haceesa retrieved a wheel barrel and placed Jane Doe’s body in it before he went inside to sleep. An officer from the Navajo Police Department responding to a report of domestic violence arrived on scene later that night and found Jane Doe unclothed and unresponsive, still in the wheel barrel.
Jane Doe was airlifted to the San Juan Regional Medical Center in Farmington, New Mexico, where she immediately underwent surgery and had to be connected to a ventilator to assist breathing. Jane Doe’s injuries included, among other things, significant blood and air in her abdomen, a perforated small intestine, bleeding in and around the small intestine, a bilateral nose fracture, and partially collapsed lungs. Though it initially appeared that Jane Doe might eventually recover, her condition worsened over the course of a week, and after two additional surgeries she succumbed to her injuries on Sept. 8, 2022.
Upon his release from prison, Haceesa will be subject to 5 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 United States Attorney Matthew J. McGinley is prosecuting the case.
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23-197
Fruitland Man Sentenced to 3 Years in Prison for AssaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Anderson Buck was sentenced to 37 months in prison. Buck, 40, of Fruitland, and an enrolled member of the Navajo Nation, pled guilty to assault resulting in serious bodily injury on April 28, 2023.
According to court documents, Nov. 17, 2022, Buck and his girlfriend, Jane Doe, were driving around the area of Nenahnezad and were both heavily inebriated. Jane Doe drank to the point of passing out in the passenger seat of Buck’s vehicle. Buck drove to a friend’s house where he left Jane Doe in the car and went inside. While at his friend’s house, Buck consumed more alcohol before deciding to leave an hour later. Outside, Buck tried to wake Jane Doe before he became frustrated and drove away. Bucks’ friend reported that Jane Doe was unconscious and not injured at the time they departed.
About thirty minutes later, Buck arrived at his family’s compound. One of Buck’s relatives exited their residence and observed Buck and Jane Doe in the car. When they got closer, they saw that Jane Doe was slumped over with a bloody face. When Buck’s relative asked hat had happened, Buck replied “she was talking [expletive].” Buck’s relatives called the police, but Buck departed the compound on foot before police and medical personnel arrived.
Buck’s mother later brought him to be interviewed by law enforcement. Buck claimed that he and Jane Doe had gone to an unknown residence where three unknown females had beaten Jane Doe. Subsequent investigation revealed evidence that Jane Doe had been beaten in Buck’s vehicle which was inconsistent with Buck’s version of the events.
Jane Doe was hospitalized in the ICU for several weeks following the incident before she was discharged to a rehabilitation hospital. She suffered a blown-out eye socket, brain bleeding, and other severe injuries in the assault. Jane Doe passed away on April 18, 2023, ten days before Buck entered his guilty plea, after suffering from various maladies including after-effects of the assault.
Upon his release from prison, Buck will be subject to 3 years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigations. Assistant United States Attorney Alexander F. Flores is prosecuting the case.
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23-194
Albuquerque Man Sentenced to 30 Years in Prison for Enticement of a MinorRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Dominic Allan Marks was sentenced to 30 years in prison. Marks, 37, of Albuquerque, pled guilty in federal court on March 7, 2023, to enticement of a minor.
According to court documents, on Nov. 9, 2022, the FBI obtained a federal search warrant for an address in Carlsbad associated with an online account for a fetish website that had been discussing the sexual molestation of a 9-year-old minor and sending child pornography of that minor. After execution of the search warrant, the FBI was able to verify that the adults living at the address, Joseph and Rachel Crutcher, had been sexually abusing three children in their care and had been setting up meetings with other individuals to sexually abuse one of the children.
During a subsequent safehouse interview, the minor child disclosed that just the day prior, Joseph and Rachel had taken her to meet a man in the Lowe’s parking lot and had forced her to engage in sexual activity with the man. Subsequent investigation led the FBI to identify the man that sexually abused the 9-year-old minor in the Lowe’s parking lot as Marks. The FBI uncovered that Marks has molested multiple minors in addition to the 9-year-old, including a minor as young as 5 years old.
Rachel Crutcher, 38, of Carlsbad, pled guilty to production of a visual depiction of a minor engaging in sexually explicit conduct and was sentenced to 30 years in prison. Upon her release from prison, Rachel will be required to register as a sex offender and will be on supervised release for life. Joseph Crutcher, 59, of Carlsbad, pled guilty to one count each of production of child pornography, distribution of child pornography, and possession of child pornography. At sentencing, Joseph faces 70 years in prison and will be required to register as a sex offender.
Upon his release from prison, Marks will be subject to a lifetime term of supervised release and must register as a sex offender.
The Roswell Resident Agency and Albuquerque Division of the Federal Bureau of Investigation’s investigated this case. Assistant U.S. Attorneys Marisa A. Ong and Matilda McCarthy Villalobos are prosecuting the case as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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Albuquerque Man Sentenced to 16 Years in Prison for Drug Trafficking and Federal Firearm OffensesRead the Press Release
ALBUQUERQUE – 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 Eloy Romero was sentenced to 195 months in prison. A federal jury returned a guilty verdict against Romero, 47, of Albuquerque, New Mexico, on March 30, 2023, on one count each of possession with intent to distribute 50 grams and more of methamphetamine, possession with intent to distribute 40 grams and more of fentanyl, and possession of a firearm in furtherance of a drug trafficking crime.
According to court records, on February 25, 2021, during a tactical operation by the Albuquerque Police Department in the Southwest Area Command, members of the APD Gang Unit observed Romero engage in suspicious behavior in a business parking lot. They approached Romero’s vehicle with emergency equipment engaged, but Romero drove away from the area, disregarding their lights and sirens. APD followed but temporarily disengaged to avoid a dangerous pursuit. Eventually, Romero pulled over and was approached by the investigating officers.
Officers determined that Romero’s vehicle had a suspended registration and Romero had a suspended driver’s license. Officers decided to tow the vehicle, pursuant to department policy. During an inventory of the vehicle, officers discovered suspected fentanyl and a firearm. They immediately sealed the vehicle and sought a search warrant. During the execution of the search warrant, officers located a black backpack in the back seat that contained 352 grams of 100% pure methamphetamine, 1,876 tablets of fentanyl, numerous rounds of .22 ammunition and a .22 caliber semi-automatic handgun.
Upon his release from prison, Romero will be subject to 5 years of supervised release.
The Drug Enforcement Administration’s Albuquerque District Office and Albuquerque Police Department investigated this case. It is being prosecuted by Assistant U.S. Attorneys Nora Wilson and Joseph M. Spindle.
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23-195
Woman Charged with Assault Resulting in Serious Bodily InjuryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Jacquelyn Moore made an initial appearance in federal court on a criminal complaint charging her with assault resulting in serious bodily injury. Moore, 47, a registered member of the Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.
According to the criminal complaint, on July 18, 2023, the victim, Jane Doe, was standing outside the To’hajiilee Chapter House, which is located within the exterior boundaries of the Navajo Nation, when Moore drove over a cement wheel stop and pinned Jane Doe’s lower body against the building, amputating her left leg. Jane Doe’s husband pulled Moore out of her car and reversed it, freeing Jane Doe so that a bystander could apply a belt to her leg as a tourniquet. Others poured water on her and tried to shade her until medical personnel arrived. Jane Doe was transported to UNMH and underwent surgery.
Moore was arrested at the scene. When she was interviewed by a Navajo Criminal Investigator the next day, Moore admitted that she was intoxicated and claimed to have blacked out and have no memory of the incident.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Moore faces up to 10 years in prison.
The FBI Albuquerque Field Office and the Navajo Police Department investigated this case with assistance from the New Mexico State Police. Assistant U.S. Attorney Brittany DuChaussee is prosecuting the case.
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23-192
Rio Rancho Woman Sentenced to 2 Years in Prison for Wire FraudRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Christina Joyner was sentenced to 24 months in prison and ordered to pay $2,025,165.72 in restitution to her former employer. Joyner, 48 of Rio Rancho, New Mexico, pled guilty to wire fraud on September 2, 2022.
According to court records, from approximately July 2014 through September 2021, Joyner used her position as bookkeeper for Quanz Motor Car Company, doing business as Quanz Auto Body, to defraud the company of over $2 million. Joyner accomplished this by issuing checks to herself and coding them to give the appearance they were for legitimate business expenses, using company credit cards to make personal, online purchases, retaining money from cash transactions and creating fraudulent pay stubs for her husband that were used as proof of income to obtain loans. Joyner maintained email reminders to herself to modify entries in the accounting software and manipulated the software to conceal her actions.
Joyner’s employer completely trusted her with the company’s finances, as well as the employees’ personal information, and one reported that her abuse of their trust “has hurt far worse than any financial impact has.” Joyner blamed her deceased husband’s addiction for her theft, however the investigation revealed that Joyner used the money to fund both her and her husband’s lifestyle.
Upon her release from prison, Joyner will be subject to three years of supervised release and must complete 60 hours of community service.
The Albuquerque Resident Office of the United States Secret Service investigated this case. Assistant United States Attorney Kimberly Brawley is prosecuting the case.
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23-193
Zuni Man Sentenced to 9 Years in Prison for Voluntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Brian Wallace was sentenced to 9 years in prison. Wallace, 44, of Zuni, and an enrolled member of the Zuni Pueblo, pled guilty to voluntary manslaughter on May 3, 2023.
According to court records, Wallace instigated a fight with his uncle, Edmond Shelendewa, sometime between July 5, 2022, and August 9, 2022. The fight escalated and Wallace took up a maul, or a wood splitter, and hit Shelendewa in the chest, killing him. Wallace claimed that he was mad because Shelendewa kept telling Wallace that he was his real father.
Wallace buried Shelendewa in a shallow grave in the backyard of a friend’s house. In October of 2022, Wallace informed law enforcement of what had happened and where Shelendewa’s body was located. The body was recovered, and the Office of Medical Investigator determined that John Doe had died from blunt force trauma to his chest.
Upon his release from prison, Wallace 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 Zuni Police Department. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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23-190
Readout from United States Attorney Alexander M.M. Uballez’s Violent Crime Listening Session with Addiction Treatment ProvidersRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and his staff met with addiction treatment providers on July 25 at the Main Public Library to discuss violent crime. Jennifer Weiss-Burke, Director of Healing Addiction in Our Community and Serenity Mesa Recovery Center and Jeffrey Holland, LCSW and Executive Director of the Endorphin Power Company presented statements. This was the third 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 young people have unrestricted access to guns. Providers described how every one of their clients had been victims of or impacted by violence. Jeffrey Holland stated, “[Clients] have preexisting traumatic incidents that have happened and then later struggle with addiction.” 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 that work with clients that struggle with addiction, Jennifer Weiss-Burke identified the prevalence of sex trafficking victimization among their clients. The majority of the clients that treatment providers encounter are struggling with Fentanyl use. Currently, there is no detox center for adolescents, so they often have to detox in the hospital. Jeffrey Holland said he’d like the Metropolitan Detention Center to allow faith-based programs such as 12-step programs allowed in jail again. He also mentioned that “once offenders are in jail they turn off Medicaid. When they are released, they do not have Medicaid and have to wait to get back on it to receive Suboxone or other medications they need immediately.” This causes issues for the clients that they serve.
When asked what issues the treatment providers see that cause the divide between law enforcement and the community, both Serenity Mesa Recovery Center and Endorphin Power Company agreed that their clients would feel more comfortable if officers came in and talked with them without weapons or bulletproof vests, and civilian clothing would be ideal. Jennifer Weiss-Burke requested that the Albuquerque Police Department send officers to come and have an open dialogue with her clients.
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 and community providers who serve the unhoused population. 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 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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23-191
Shiprock Man Pleads Guilty to Assault Against a ChildRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Myron Benally, 38, of Shiprock, and a registered member of the Navajo Nation, pled guilty in federal court to assault resulting in serious bodily injury. Benally will remain in custody pending sentencing which has not been scheduled.
According to court documents, on June 27, 2019, Benally assaulted a 13-month-old infant in his care, causing serious bodily injury including a broken arm.
At sentencing, Benally faces up to 10 years in prison followed by a term of supervised release of not more than 3 years and restitution.
The FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Special Assistant United States Attorney Mark Probasco is prosecuting the case.
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23-188
Ohkay Owingeh Man Sentenced to 87 Months in Prison for Assault and Federal Firearms OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jerry Segura, Jr. was sentenced to 87 months in prison. Segura, 34, of Ohkay Owingeh, New Mexico, and an enrolled member of the Ohkay Owingeh Pueblo, pleaded guilty to assault with a dangerous weapon and using and carrying a firearm during and in relation to a crime of violence and brandishing a firearm in furtherance of such crime in Indian Country on May 8, 2023.
According to court documents, on March 13, 2022, Segura, Jr. drunkenly drove with his father to his girlfriend’s mother’s home on the Pueblo of Ohkay Owingeh to, in his words, kill himself in front of her. Instead, Segura, Jr. fired about 10 gunshots from a .40 caliber semi-automatic handgun at his girlfriend’s mother’s home, including about six shots directly at his girlfriend’s pregnant daughter and her young son. Defendant then sped away from the scene with the help of his father. At the time, Segura Jr. was on state-level supervised probation.
Upon his release from prison, Segura Jr. will be subject to five years of supervised release.
The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Zachary Jones is prosecuting the case.
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23-189
Woman Pleads Guilty to Assault on San Felipe Pueblo InfantRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Salina Nicole Sandoval, 30, of San Felipe, New Mexico, and an enrolled member of the San Felipe Pueblo, pled guilty to assault resulting in serious bodily injury of an 8-month-old infant, also a member of the San Felipe Pueblo. Sandoval is out of custody on conditions of release pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, on Jan. 21, 2022, Sandoval assaulted the infant, identified as Jane Doe at Sandoval’s home in Sandoval County, New Mexico, within the San Felipe Pueblo. It resulted in serious bodily injuries to the infant, including intracranial hemorrhages, shearing venous injuries, and retinal hemorrhages in the child’s left eye. The injuries were diagnosed as abusive head trauma.
At sentencing, Sandoval faces up to 10 years in prison.
The Bureau of Indian Affairs investigated this case. Special Assistant United States Attorney Mark A. Probasco is prosecuting the case.
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23-185
Man Charged with Involuntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Leonardo Robbie Duncan had preliminary and detention hearing in federal court on a complaint charging him with involuntary manslaughter. Duncan, 32, a certified member of the Navajo Nation, will remain in custody pending trial.
According to the criminal complaint, on August 12, 2023, New Mexico State Police (NMSP) responded to a report of a head-on collision involving two vehicles at approximately 6:45 a.m. in Upper Fruitland, New Mexico. Enroute, NMSP officers passed a male walking westbound approximated half a mile from the crash. Upon arrival at the scene, NMSP officers observed an off duty Southern Ute tribal officer rendering aid to the victims. The tribal officer informed NMSP officers that the driver of the other vehicle had fled the scene on foot. NMSP officers attempted to locate the individual but were unsuccessful. One victim passed away at the scene and the other passed in the ambulance enroute to the hospital.
Later the same day, Duncan’s father brought him to the Navajo Police Department to turn himself in. At that time, NPD officers conducted a breath alcohol content test which registered .08 at 12:30 p.m., approximately six hours after the accident.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charge, Duncan faces up to 8 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office and the Navajo Police Department investigated this case with assistance from the New Mexico State Police. Assistant U.S. Attorney Kimberly Bell is prosecuting the case.
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23-187
Las Cruces Man Sentenced to 9 Years in Prison for Firearms OffenseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Mark Anthony Calzada was sentenced to 9 years in prison. Calzada, 29, of Las Cruces, pled guilty in federal court on August 18, 2022, to being a felon in possession of a firearm.
According to court documents, on March 1, 2022, an officer from the Las Cruces Police Department (LCPD) observed Calzada exiting a residence in Las Cruces carrying a shotgun. Calzada placed the shotgun into a vehicle, got into the driver’s seat with a woman and three small children, and drove to a gas station. When LCPD officers attempted to make contact with him, Calzada drove away at a high rate of speed with the shotgun and the three small children not properly restrained in the vehicle. While fleeing, Calzada drove at high speed the opposite way on a one-way residential street. Officers were able to track the vehicle and eventually caught up with Calzada who had abandoned the vehicle and was running on foot. LCPD officers pursued and detained Calzada.
LCPD officers located the car Calzada had been driving and executed a search warrant. Inside the car they found the shotgun, which the officer had observed him carrying along with shotgun shells. A second search warrant was sought and obtained for the residence Calzada occupied where they discovered a Glock handgun with an obliterated serial number and a compatible 50-round high-capacity drum magazine loaded with 15 rounds of ammunition in a bedroom.
Calzada was previously convicted in 2016 of possession of a firearm or destructive device by a felon. As a previously convicted felon, Calzada cannot legally possess firearms or ammunition.
Upon his release from prison, Calzada will be subject to supervised release for 3 years.
The FBI Albuquerque Field Office investigated this case with assistance from the Las Cruces Police Department. Assistant United States Attorneys Lindy Carpenter and Mark Saltman are prosecuting the case.
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23-186
U.S. Attorney Alexander M.M. Uballez announces $2M Grant to the Albuquerque Community Safety Department and its Violence Intervention ProgramRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney Alexander M.M. Uballez announced today that the Department of Justice has awarded a $2,050,000.00 grant to the Albuquerque Community Safety Department and its Violence Intervention Program as part of the Byrne Discretionary Grant Program, which assists local communities in improving the capacity of local justice systems and provides for national support efforts including training and technical assistance programs strategically targeted to address local needs.
“Everyone deserves to feel safe our community,” said U.S. Attorney Uballez. “With this funding, the Violence Intervention Program will intervene to address root causes of the violence which has plagued our streets. By centering the safety of those who are most at risk of shooting and being shot, we make the community safer for us all. To those young men in our community who are spiraling out of control, trapped in a world of hatred and fear: We want you to be safe, alive, and free, but the shooting must stop. We will help you if you let us and stop you if you make us.”
"We know that by sending our responders out into the community and meeting people where they are, we can interrupt cycles of violence and ultimately change lives for the better," said Mayor Tim Keller. "This investment in ACS's Violence Intervention Program helps address violence at its root and is an important piece of our multifaceted approach to reducing violent crime."
“We thank the Department of Justice for investing in the next phase of Community Safety and Violence Intervention in the City of Albuquerque,” said ACS Director Mariela Ruiz-Angel. “By expanding that work, and exploring how we can grow our Division of Violence Prevention and Intervention, we will build upon our work to break cycles of violence in our community and schools."
Beginning as a community-led initiative, Albuquerque Community Safety (ACS) is a cabinet-level public safety department, meaning they operate independently from and in collaboration with the Albuquerque Police Department and Albuquerque Fire Rescue. The department launched on September 8, 2021, and provides crisis aid, welfare checks, and referrals for people in need. ACS responders also offer transportation to providers of mental health, addiction, shelter, and case management services.
The Violence Intervention Program (VIP) is a gun violence reduction program that focuses on those at the highest risk of becoming part of the gun violence cycles in the City. VIP Program implementation began in late March 2020, in the midst of the pandemic. The first year was a pilot year where multiple components were implemented. Components encompass a public health approach to gun violence reduction and a focused deterrence law enforcement approach to gun violence. VIP currently falls under Albuquerque Community Safety’s Violence Prevention and Intervention Division.
ACS and VIP will use the discretionary earmark funding to expand the scope of these programs. This will enhance service in violence prevention, intervention, and support within Albuquerque. In addition to an expansion of the existing work, this funding can help with exploring the establishment of an Office of Violence Prevention for the City of Albuquerque.
In exploring the establishment of an Office of Violence Prevention, the goal would be to bring together numerous programs in a highly effective way. Included within a possible Office could be the Violence Intervention Program, a School-Based Violence Intervention Program, Trauma Recovery Center, Community Oriented Response Assistance, an Opioid Prevention Program, and a possible Hospital-Based Violence Intervention Program. This would be modeled after successful Offices in other areas, such as Newark and Philadelphia, but made unique to Albuquerque.
The ultimate goal is to combine assertive outreach, advocacy, evidence-based mental health services, and comprehensive case management specific to the person or the community. Through a diverse staff, ACS and VIP will be able to better support individuals who have been victims of violence, physical assault, sexual assault, opioid abuse, domestic violence, and more.
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23-184
Shiprock Man Sentenced to 12 Years in Prison for Abusive Sexual Contact of a Minor and Possession of Child PornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Allan Wilson was sentenced to 12 years in prison. Wilson, 64, of Shiprock, New Mexico, pled guilty in federal court on March 22, 2023, to abusive sexual contact of a minor in Indian Country and possession of child pornography.
According to court documents, in the fall of 2019, Wilson engaged in abusive sexual contact with a minor while she was spending the night in the home Wilson shared with his sister on the Navajo Nation. The victim, who is a member of the Navajo Nation, was less than twelve years old at the time. During the resulting investigation, the FBI conducted a search of Wilson’s phone. The search revealed pornographic pictures of another minor victim under the age of eighteen years old. Wilson admitted that he knew the images were on his phone.
Upon his release from prison, Wilson must register as a sex offender and he will be on supervised release for ten years.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and the New Mexico Regional Computer Forensics Lab. 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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23-183
Readout from United States Attorney Alexander M.M. Uballez’s Violent Crime Listening Session with Service Providers for the Unhoused CommunityRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, federal prosecutors, and other staff from the United States Attorney’s Office (USAO) met with representatives from organizations that serve Albuquerque’s unhoused community on July 18 at the Barrett House to discuss violent crime. Cory Lee, Executive Director of the Barrett House, Hannah Albee, Deputy Director of the Barrett House, Arias Foster, Director of Programs for the Barrett House, Kennedy Haverland, a Clinician from the New Mexico Dream Center and Max Kauffman from Disability Rights New Mexico presented statements. This listening session focused on community-based solutions and the relationship between law enforcement and the unhoused community. This was the second of a series of listening sessions to be held throughout Albuquerque 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 the link between trauma and violence and the need for more access to resources and truly affordable housing. Others described some victims and witnesses inherent distrust of law enforcement and how that handicaps the prosecution process. All participants agreed that the Albuquerque Community Safety (ACS) program recently implemented by the City of Albuquerque had improved the city’s approach to public safety.
Cory Lee described how the violence of taking away someone’s identification, existence and belongings can cause trauma and how it disproportionately effects someone living on the street, especially when they do not have a community to protect them.
Arias Foster agreed with Lee, adding “once they are housed… they are bringing a lot of the violence they were experiencing before when they were on the streets to their housing. They don’t know how to work through [it].” Foster described how law enforcement is often not supportive or engaging when they or their clients seek help and expressed that they would like to build a better relationship with law enforcement so that they could better support victims of and witnesses to violence.
Max Kauffman shared his observations about the link between violence and adverse childhood experiences, especially for children in the foster care system who do not receive services or special education, and how that contributes to violent behaviors. “Think about how we are going to long term help this community, not just now but looking forward. I do think it starts at the childhood level because those adverse experiences have a big influence on people.” Kauffman added, “I think if we can get them services through school, have behavior interventions is place, and provide them with the services they need to get a diploma and vocational training, that would have a huge impact in the long term.”
All participants stressed the importance of mandatory trauma-informed care training for both law enforcement and prosecutors to break down barriers in communication between them and victims and witnesses.
This was the second in a series of listening sessions USA Uballez will convene in the coming months 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 and plans to meet with community leaders from the Westgate community, social justice advocates, addiction and treatment service providers, and families impacted by violent crime. These sessions are an opportunity for the USA, federal prosecutors, and USAO 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 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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23-179
Pojoaque Man Pleads Guilty to Involuntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Kyle Joseph Harney-Chee pled guilty in federal court to involuntary manslaughter. Chee, 30, of Pojoaque, and an enrolled member of the Ohkay Owingeh Pueblo, will remain in custody pending sentencing which has not been scheduled.
According to court records, on January 16, 2021, Chee was traveling down US Highway 84/285 after consuming marijuana and alcohol. While driving, Chee became distracted by his phone and looked away from the road. While he was looking down at his phone, Chee struck a motorcycle from the rear, killing the driver. Chee immediately stopped on the side of US Highway 84/285 and called 911. Chee informed responders that he had consumed alcohol and smoked marijuana prior to operating the vehicle.
At sentencing, Chee faces up to 8 years in prison followed by a term of supervised release up to 3 years.
The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Matthew J. McGinley is prosecuting the case.
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23-182
Fargo Man Pleads Guilty to Second Degree Murder and Voluntary Manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Shilo Aaron Oldrock, 30, and an enrolled member of the Spirit Lake Sioux Tribe, pled guilty in federal court to second degree murder and voluntary manslaughter. Oldrock will remain in custody pending sentencing which has not been scheduled.
According to court documents, on January 29, 2021, Oldrock and John Doe 1 attacked and killed John Doe 2. Later, on October 10, 2021, Oldrock attacked and killed John Doe 1 before decapitating his head with an axe and throwing it in a woodstove inside John Doe 1’s residence. Oldrock did so because he believed John Doe would harm him in order to cover up John Doe 2’s murder. Oldrock also believed that John Doe 1 had killed Oldrock’s grandmother.
At sentencing, Oldrock faces up to 35 years in prison.
John Doe 2’s family reported him missing and he was added to the FBI’s List of Native Americans Verified as Missing Throughout New Mexico and the Navajo Nation. The List is the first of its kind in the nation and was created in an effort to improve the reporting of missing persons throughout New Mexico and the Navajo Nation. Partners involved in the project include the U.S. Attorney’s Office, Bureau of Indian Affairs Office of Justice Services, New Mexico’s Missing and Murdered Indigenous Women and Relatives (MMIWR) Task Force, New Mexico Attorney General’s Office, New Mexico Department of Public Safety, New Mexico Department of Indian Affairs, Bernalillo County District Attorney’s Office, and the City of Albuquerque Office of Equity and Inclusion. The FBI also receives information and support from the Navajo Nation, Native American pueblos, and local law enforcement.
The list is updated monthly and can be found at fbi.gov/mmip.
The FBI is seeking public assistance and information on the cases. If you have information concerning any of the cases, please contact your local FBI office, the nearest American Embassy or Consulate, or submit a tip online at tips.fbi.gov.
The FBI Albuquerque Field Office investigated this case with assistance from the Navajo Department of Criminal Investigations and the Gallup Police Department. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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23-181
Albuquerque Man Sentenced to 10 Years for Drug Trafficking OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Eric Castañeda, Acting Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division, announced today that Rafael Columbie was sentenced to 10 years in prison. A federal jury convicted Columbie, 54, of Albuquerque, on December 1, 2022, on one count each of conspiracy, possession with intent to distribute 50 grams and more of methamphetamine, and possession with intent to distribute 100 grams and more of heroin.
The case against Columbie and his co-conspirators was part of a long-term Organized Crime Drug Enforcement Task Forces investigation by the Drug Enforcement Administration into a conspiracy to distribute methamphetamine. Through the investigation, Columbie was identified as a drug transporter for Jesus Lopez.
On July 18, 2018, Columbie was traveling east on Interstate 40 when a New Mexico State Police Officer stopped Columbie for speeding. During a consensual search of the vehicle, officers found over 2.5 kilograms of methamphetamine and over 200 grams of heroin in bundles within a Coca-Cola soda box behind the driver seat.
Columbie was the only defendant who refused to enter a guilty plea. Eight other defendants pled guilty to various drug trafficking charges in 2022.
Abel Gallegos, aka “Gato,” 41, of Albuquerque, pled guilty to distribution of 500 grams and more of cocaine, aiding and abetting, and distribution of 50 grams and more of methamphetamine on August 29, 2022, and was sentenced to 11 years in prison, followed by 5 years of supervised release.
Saul Gallegos, aka “Tulin,” 37, of Albuquerque, pled guilty to distribution of 50 grams and more of methamphetamine and aiding and abetting on April 20, 2022 and was sentenced to 10 years in prison, followed by 5 years of supervised release.
Martha Reyes-Villalobos, 40, of Chihuahua, Mexico, pled guilty to possession with intent to distribute 50 grams and more of methamphetamine on May 3, 2022, and was sentenced to time served.
Ivan Cordova, 41, or Albuquerque, pled guilty to use of a telephone to facilitate a drug trafficking offense on August 1, 2022, and was sentenced to time served.
Baudel Palacios-Prieto, 46, and Zachary Fogler, 37, both of Albuquerque, pled guilty to one count of use of a telephone to facilitate a drug trafficking offense each on August 8, 2022. Palacios-Prieto was sentenced to time served and Fogler was given three years of probation.
Jesus M. Lopez, 41, of Albuquerque, pled guilty to distribution of 50 grams and more of methamphetamine, use of a telephone to facilitate a drug trafficking offense, and two counts of aiding and abetting on May 5, 2022. Lopez’s sentencing is currently scheduled for August 29, 2023. Adrian Palacios, 37, of Albuquerque, pled guilty to conspiracy on August 11, 2022. Palacios’ sentencing is currently scheduled for September 19, 2023.
The Drug Enforcement Administration investigated this case with assistance from the New Mexico State Police. Assistant United States Attorneys Peter J. Eicker and David B. Hirsch are prosecuting the case.
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23-180
Tsayatoh Man Pleads Guilty to Federal Firearms ViolationRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Rumaldo Peshlakai pled guilty to being a felon in possession of firearms and ammunition. Peshlakai, 43, of Tsayatoh, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.
According to court documents, on Sept. 23, 2021, Peshlakai and Jane Doe were involved in a domestic dispute at a residence in Tsayatoh. Afterward, Peshlakai left the residence in Doe’s vehicle with their four children and multiple firearms and ammunition, driving into a wooded area near the residence. Peshlakai stated if any officers tried to stop him, he would shoot. An Amber Alert was issued for the four children in New Mexico and Arizona.
Officers from the Navajo Police Department and the Federal Bureau of Investigation located the vehicle in the wooded area and identified footprints leading away from the vehicle. Inside the vehicle was an empty box of ammunition and a single round. Officers tracked the footprints for six miles to an abandoned housing area where it appeared another vehicle arrived and picked up Peshlakai and the four children. That evening, Peshlakai contacted NPD Dispatch and informed them the children were at a relative’s house. Peshlakai was not at the relative’s house and would not give his location but agreed to turn himself in to the FBI the next morning.
The children, who were unharmed, were recovered by law enforcement, and Peshlakai was arrested on Sept. 24. Law enforcement later traced Peshlakai’s steps over the six-mile walk and unearthed a gun case that Peshlakai had buried while evading police. It contained a rifle, two pistols, and ammunition. Additional investigation revealed that Peshlakai abandoned the vehicle and took the case, then buried and concealed the case while being pursued by law enforcement. In a later interview, he claimed not to know the location of any firearms and denied possessing them at all.
Peshlakai was previously convicted in 2001 of assault by striking, beating or wounding and assault resulting in serious bodily injury, and in 2006 for being a felon in possession of ammunition. As a previously convicted felon, Peshlakai cannot legally possess firearms or ammunition.
At sentencing, Peshlakai faces up to 10 years in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Police Department investigated this case with assistance from the FBI Phoenix Field Office, United States Marshals Service, New Mexico State Police, Navajo Police Department, McKinley County Sheriff's Office and Bernalillo County Sheriff's Office. Assistant U.S. Attorneys Alexander F. Flores and Kimberly Bell are prosecuting the case.
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23-178
Smith Lake Man Pleads Guilty to Second Degree MurderRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Josiah Alan Smith, 29, of Smith Lake and an enrolled member of the Navajo Nation, pled guilty in federal court to second degree murder. Smith will remain in custody pending sentencing which has not been scheduled.
According to court documents on May 17, 2021, Smith shot and killed the victim, identified as John Doe, at a residence near Church Rock, New Mexico, on the Navajo Nation. Smith, who had arrived at the residence earlier in the day, allegedly fired into a window from outside the home, striking the victim in the back and killing him.
The FBI, with the assistance of the McKinley County Sheriff's Office and Gallup Police Department, arrested Smith in Gamerco, New Mexico, on Aug. 21, 2021.
At sentencing, Smith faces up to life in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Department of Criminal Investigations and the McKinley County Sheriff's Office. Assistant United States Attorneys Matthew T. Nelson and Blake Nichols are prosecuting the case.
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23-177
Santo Domingo Woman Pleads Guilty to Assault on a Federal OfficerRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Henryetta John pled guilty to assault on a federal officer. John, 30, of Santo Domingo, New Mexico, and a member of the Pueblo of Santo Domingo, will remain in custody until she can be released for substance-abuse treatment.
According to court documents, on Oct. 20, 2021, John was stopped on suspicion of DWI by a federal officer from the Bureau of Indian Affairs. When the officer tried to place John under arrest, she slipped the handcuffs and physically assaulted the officer, causing them to roll down a hillside. The officer sustained injuries as a result of the altercation.
At sentencing, John faces up to 20 years in prison.
The FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs and the Sandoval County Sheriff’s Office. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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23-176
Ohkay Owingeh Man Charged with Sexual AbuseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Dwayne Calvert made an initial appearance in federal court on an indictment charging him with sexual abuse. Calvert, 34, of Ohkay Owingeh, and an enrolled member of Pueblo of Ohkay Owingeh, will remain in custody pending a detention hearing scheduled for Friday, August 11, 2023.
According to the indictment, on July 2, 2022, Calvert attempted to engage in sexual intercourse with the victim, Jane Doe, while Doe was incapable of consenting to the sexual act.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Calvert faces up to life in prison and a term of supervised release between five years and the remainder of his life.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services. Assistant United States Attorney Zachary Jones is prosecuting the case.
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23-175
Santa Fe Man Charged with Child Abuse in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Luis Xavier Rael made an initial appearance in federal court on an indictment charging him with abandonment and abuse of a child, assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, and assault with a dangerous weapon. Rael, 36, of Santa Fe, will remain in custody pending a detention hearing scheduled for Thursday, August 10, 2023.
According to the indictment, on January 19, 2021, Rael, a non-Indian, assaulted his stepson, John Doe, a 12-year-old Indian boy, with a belt and a tree branch because Doe failed to perform physical activities that Rael forced Doe to do as a result of Doe’s perceived misbehavior.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Rael faces up to 18 years in prison.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services. Assistant United States Attorney Zachary Jones is prosecuting the case.
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23-172
Navajo Man Pleads Guilty to Second Degree MurderRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Marc Clark pled guilty to second degree murder. Clark, 46, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Clark on Nov. 17, 2021. According to court records, Clark drove with three others, including John Doe, also an enrolled member of the Navajo Nation, to a gas station in Shiprock so that John Doe could fill up a gas can. After the group parked the vehicle, John Doe and Clark got out and John Doe entered the store to pay for gas. While John Doe was inside, Clark began arguing with John Doe’s girlfriend, who was in the rear seat of the vehicle. As the argument escalated, Clark unsuccessfully attempted to pull John Doe’s girlfriend out of the car. During the struggle, Clark slapped and punched her multiple times through the open window. In response to the assault, the driver of the vehicle drove away, leaving Clark in the parking lot. When John Doe walked out of the store, he approached Clark, and the two men began talking. As they were talking, Clark drew a knife from his pocket and suddenly and without warning stabbed John Doe in the neck.
John Doe was taken to the trauma care unit at the Northern Navajo Medical Center, where he passed away. Clark was apprehended by the Navajo Police Department at a laundromat near the gas station. The knife he had stabbed John doe with was on his person at the time.
Under the terms of the plea agreement, Clark faces between 23 and 27 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorneys Matthew J. McGinley and Paul J. Mysliwiec are prosecuting the case.
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23-170
Former Middle School Health Aide Sentenced to 10 Years in Prison for Possession of Child PornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Aaron Leon Happy was sentenced to 10 years in prison. Happy, 42, of Shiprock, New Mexico, pled guilty on February 27, 2023, to possession of visual depictions of minors engaged in sexually explicit conduct.
According to court records, the National Center for Missing and Exploited Children received a tip from Facebook in July 2019 about a user’s activity. Specifically, Facebook disclosed that the user, “Aaron Happ,” was engaging multiple minors in sexually explicit conversations on its platform. The tip was sent to the FBI, who identified the user as Happy, who then worked as a health aide at the Newcomb Middle School located within the exterior boundaries of the Navajo Nation.
On Dec. 15, 2020, the FBI executed a search warrant on Happy’s person, office, and residence. Investigators found a trove of videos and images of children being sexually assaulted on one of Happy’s cellular telephones which he obtained from the internet.
Upon his release from prison, Happy will be subject to supervised release for life and must register as a sex offender.
The Farmington Resident Agency of the FBI investigated this case with assistance from the FBI Albuquerque’s Child Exploitation and Human Trafficking Task Force, the FBI Gallup Resident Agency, the FBI Denver - Durango Resident Agency, the San Juan County (New Mexico) Sheriff’s Office, the Cortez (Colorado) Police Department and the Montezuma County (Colorado) Sheriff’s Office. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.
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23-171
Former Los Lunas High School Coach Sentenced to 23 Years for Coercion and Enticement and Production of Child PornographyRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Johnathon Bindues was sentenced to 23 years in prison. A federal jury convicted Bindues, 32, of Los Lunas, on May 4, 2023, of coercion and enticement of a minor and production of child pornography.
According to the evidence at trial and other publicly available court records, Bindues used his former position at Los Lunas High School as the coach for the girls’ basketball and track teams to gain special access to minor females. The victim, identified as Jane Doe, was a freshman and a member of the teams Bindues coached. Between September 2020 and June 2021, Bindues exchanged over 17,000 text messages with the victim. Bindues requested nude images of Jane Doe, sent her explicit images of himself, and repeatedly encouraged her to delete text messages. After discovering sexually explicit messages on her daughter’s phone, Jane Doe’s mother reported the relationship to the New Mexico State Police.
Upon his release from prison, Bindues will be subject to 10 years of supervised release and must register as a sex offender.
The FBI and New Mexico State Police investigated this case. Assistant United States Attorneys Jaymie L. Roybal and Patrick E. Cordova 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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23-173
Albuquerque Man Sentenced to 4 Years in Prison for 2022 Robbery of a Mail CarrierRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Glen Hendersen, Acting Inspector in Charge of the Phoenix Division of U.S. Postal Inspection Service, announced that Daniel Trujeque was sentenced to 4 years in prison. Trujeque, 30, of Albuquerque, pled guilty on March 21, 2023, to Letter Carrier Armed Robbery.
According to court documents, on January 11, 2022, a Letter Carrier delivering mail and parcels to a Neighborhood Box Unit noticed a car drive by before turning around and parking along the curb near the Neighborhood Box Unit. A young man exited the back passenger side of the vehicle. and watched the Letter Carrier finish delivering the mail, then pulled out a handgun and demanded she hand over the mail keys. The Letter Carrier complied, and the young man returned to the vehicle before it dove away from the area.
The Letter Carrier was able to give the Postal Inspectors a description of the young man, the vehicle, and a partial license plate for the vehicle. The Albuquerque Police Department assisted in the investigation and determined the vehicle had been reported stolen that day and had been involved in similar activities throughout the day. Postal Inspectors were able to obtain footage of the incident involving the Letter Carrier, as well as surveillance footage from an attempted burglary and footage of the young man and two accomplices attempting a fraudulent transaction using debit and credit cards at Walmart on the same day.
The Postal Inspection Service released a Reward Poster and received multiple tips identifying the young man as Daniel Trujeque. On April 5, 2022, Postal Inspectors interviewed Trujeque and he admitted to robbing the mail carrier.
Upon his release from prison, Trujeque will be subject to 5 years of supervised release.
The U.S. Postal Inspection Service investigated this case with assistance from the Albuquerque Police Department and the Bernalillo County Sheriff’s Office. Assistant United States Attorney Niki Tapia-Brito is prosecuting the case.
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23-174
Navajo Man Sentenced to 20 Years in Prison for Sexual Abuse of a MinorRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Byron Yazzie, Jr. was sentenced to 20 years in prison. Yazzie, 22, of Tohatchi, New Mexico, pled guilty to sexual abuse of a minor, sexual abuse and aggravated sexual abuse on March 23, 2023.
Yazzie was indicted by a grand jury on June 15, 2022. According to court documents, between August and November of 2020, Yazzie sexually abused three minor victims. Yazzie was nineteen years old at the time.
Yazzie met the first victim, a minor who had attained the age of 12 but had not yet attained the age of sixteen, through Facebook and began a sexual relationship with them sometime in August. On October 20, 2020, Yazzie engaged in a sexual act with a second victim. The victim told Yazzie “no” and they did not want to have sex with him, however Yazzie used his size and weight to threaten the victim. On November 5, 2020, Yazzie engaged in a sexual act with a third victim. Yazzie gave them alcohol, causing them to become intoxicated and incapable of participating in the sexual act.
On November 26, 2020, the second victim disclosed to a family member that Yazzie had assaulted them 2 days prior. During a subsequent interview with law enforcement, Yazzie admitted to sexually abusing the victim.
Upon his release from prison, Yazzie will be subject to supervised release for life and must register as a sex offender.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.
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23-168
Navajo Man Charged with MurderRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Kirtie Cohoe made an initial appearance in federal court on a criminal complaint charging him with murder. Cohoe, 46, of Shiprock, will remain in custody pending a preliminary and detention hearing scheduled for August 4, 2023.
According to the criminal complaint, Cohoe was staying at the home of a relative in Shiprock, New Mexico. The victim, John Doe, arrived at the home on the morning of July 31 for a cook-out and the trio began drinking. About an hour after John Doe arrived at the home, and while Cohoe’s relative was outside of the home, Cohoe stabbed John Doe multiple times in the torso. When his relative asked Cohoe what happened, Cohoe allegedly responded “I don’t know. He was talking [expletive].” Cohoe then departed the house on foot, allegedly taking the weapon with him.
When officers from the Navajo Police Department arrived at the home, John Doe was found deceased. Cohoe was later located in a wooded area near the home. Cohoe had blood on his shirt and shoes and the weapon was found nearby, next to Cohoe’s wallet.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Cohoe faces up to life imprisonment.
This case was investigated by the Farmington Resident Agency of the Federal Bureau Investigation with assistance from the Navajo Police Department. Assistant United States Attorney Meg Tomlinson is prosecuting the case.
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23-167
Dulce Woman Sentenced to 5 Years in Prison for Voluntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Laurice Montoya was sentenced to 5 years in prison. Montoya, 38, of Dulce, and a registered member of Jicarilla Apache Indian Tribe, pled guilty on May 4, 2023, to voluntary manslaughter.
According to court documents, on Jan. 19, 2022, Montoya and the victim, John Doe, got into an argument in her home on the Jicarilla Apache Reservation. During the argument, Montoya hit Doe on the head two times with a snow shovel, causing him to fall and have a seizure. Montoya stayed with Doe but could not call for help. About four hours later, a friend showed up at the residence and called 911. Emergency Medical Services of the Jicarilla Apache Tribe transported John Doe to the San Juan Regional Medical Center where he later died. Doctors found that John Doe had sustained traumatic brain injury, a rib fracture, severe bruising on his upper body and two cuts on his scalp.
Upon her release from prison, Montoya 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 Jicarilla Apache Police and the San Juan County Sheriff’s Office. Assistant United States Attorney Robert James Booth II is prosecuting the case.
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23-169
Carlsbad Woman Sentenced to 30 Years in Prison for Production of Child PornRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Rachel Michelle Crutcher was sentenced to 30 years in prison. Crutcher, 38, of Carlsbad, pled guilty on Feb. 21 to production of a visual depiction of a minor engaging in sexually explicit conduct.
According to court documents, on Nov. 8, 2022, a Task Force Officer (TFO) working for the Child Exploitation and Human trafficking Task Force 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 her husband, Joseph Crutcher, 59, of Carlsbad. Joseph admitted he was the one who had taken the pictures 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 Rachel and Joseph had sexually abused the minor child with the intent of producing CSAM and that Joseph was the individual who sent the images to the TFO.
Upon her release from prison, Rachel will be required to register as a sex offender and will be on supervised release for life.
On Feb. 27, 2023, Joseph Crutcher pled guilty to one count each production of child pornography, distribution of child pornography and possession of child pornography. Joseph remains in custody pending sentencing, which is currently not scheduled. At sentencing, Joseph faces 70 years in prison and 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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23-166
Seventeen Charged and Twelve Arrested in Joint Enforcement Operation in Carlsbad, New MexicoRead the Press Release
ALBUQUERQUE, N.M. – Today, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Eric Castañeda, Acting Special Agent in Charge for the Drug Enforcement Administration El Paso Division, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, and Jeffrey C. Boshek II, Special Agent in Charge of the Bureau of Alcohol, Tobacco, and Firearms, announced seven indictments returned by a federal grand jury on April 19 and July 19, 2023, one criminal complaint issued on August 1, 2023, and the arrest of 12 alleged drug and firearms traffickers on August 1, 2023, in a coordinated, multiagency enforcement operation in Carlsbad, New Mexico.
According to the indictments and other court records, in February of 2022, agents from the Drug Enforcement Administration (DEA) and the Pecos Valley Drug Task Force (PVDTF) received information regarding individuals who were trafficking drugs in southeastern New Mexico. Through diligent and painstaking investigation, agents identified a drug trafficking organization operating out of Eddy County, New Mexico that was distributing methamphetamine, cocaine, and fentanyl in Carlsbad. As a result of the year-long investigation, a federal grand jury issued indictments against 16 defendants for drug and firearms trafficking charges.
Jesus Daniel Sonora-Gonzalez, 29, of Carlsbad, Guerrero Muro, 33, of Midland, Texas, and Marco Antonio Torres-Vivas, 40, of Carlsbad were charged on April 19 with conspiracy to distribute controlled substances including 50 grams and more of methamphetamine and 500 grams and more of fentanyl, nine counts of distribution of fentanyl and methamphetamine, and one count of attempt to distribute 400 grams and more of fentanyl. If convicted, both men face up to life in prison.
Damon Michael Johnsey, 28, and Kelly Lamar Burke, 31, both of Carlsbad, were charged under separate indictments on July 19 with possession with intent to distribute 40 grams and more of fentanyl, using and carrying a firearm during and in relation to a drug trafficking crime and being a felon in possession a firearm and ammunition. Johnsey was previously convicted of possession a controlled substance. Burke was previously convicted of abuse of child and possession of a controlled substance. If convicted, both men face up to life in prison.
Kinny Gonzalez, 29, his sister Kassandra Lee Perales, 32, her boyfriend Carlos Michael Venegas, Jr., 24, Amber Kathleen Owen, 50, Brian Kain Purdy aka “Guero,” 41, Sabino Alfonso Maldonado aka “Flaco,” 31, Jared Michael Moore aka “Ghost,” 42, all of Carlsbad, and Jesus Alonso Cerezo-Espidio aka “Pitufo,” 50, of Mexico, were charged on July 19 with conspiracy to distribute cocaine; possession with intent to distribute cocaine, 400 grams and more of fentanyl, 50 grams and more of methamphetamine, and 5 grams and more of methamphetamine; distribution of 400 grams and more of fentanyl and 50 grams and more of methamphetamine, smuggling goods from the United States and conspiracy thereto; attempt to smuggle a firearm and ammunition out of the United States to promote a drug trafficking crimes; attempt to possess with intent to distribute 50 grams and more of methamphetamine and 500 grams and more of cocaine; and using and carrying a firearm during and relation to a drug trafficking crime. If convicted, Gonzalez, Perales, Venegas, Owen, and Cerezo-Espidio face up to life in prison. If convicted, Moore faces up to 20 years in prison. If convicted, Purdy and Maldonado each face up to 10 years in prison.
Manuel Pineda Montoya, 43, of Carlsbad, was charged on July 19 with possession with intent to distribute 400 grams and more of fentanyl, 50 grams and more of methamphetamine, and 40 grams and more of fentanyl; using and carrying a firearm during and in relation to a drug trafficking crime; and being a felon in possession a firearm and ammunition. If convicted, Montoya faces up to life in prison.
Silvester Cruz Rueda II, 44, and Jaycelyn Amberly Marrujo, 22, both of Carlsbad, were charged on July 19 with conspiracy to distribute fentanyl as well as possession with the intent to distribute fentanyl. Rueda II also was charged with using and carrying a firearm during and in relation to a drug trafficking crime. In convicted, Rueda II faces up to life in prison, and Marrujo faces up to 20 years in prison.
David Kirk Haynes, 55, was charged on July 19 with possession with intent to distribute 400 grams and more of fentanyl. If convicted, Haynes faces up to life in prison. Haynes is a fugitive and has not yet been arrested.
Gonzalez, Owen, Purdy, Maldonado, Moore, Rueda II, Marrujo, Johnsey, and Burke were arrested in Carlsbad on August 1, 2023. Perales and Venegas, Jr. were arrested on August 1, 2023, in North Dakota.
Freddie Trevino, 48, was arrested in Carlsbad on August 1, 2023, and charged by criminal complaint with possession with intent to distribute 50 grams and more of a mixture and substance containing methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. If convicted, Trevino faces up to life in prison.
During the arrests on August 1, 2023, agents executed four search warrants in Carlsbad and seized methamphetamine, cocaine, firearms, and money. To date, agents have seized approximately 56 kilograms of methamphetamine, four kilograms of cocaine, four kilograms of fentanyl, 31 firearms, and $75,000 from the drug trafficking organization.
“No corner of New Mexico is beyond the reach of federal criminal investigators. Through strong partnerships with local law enforcement, we struck at the heart of this drug trafficking network, disrupting its operations from the source to the streets,” said U.S. Attorney Uballez. “But our mission does not end here. We remain vigilant throughout New Mexico to investigate and prosecute drug distribution networks flooding our streets with poison.”
“This is a violent organization with links to cartel activity,” said Eric Castañeda, Acting Special Agent in Charge of the DEA’s El Paso Division. “Make no mistake. DEA will continue to aggressively pursue this and other organizations responsible for bringing these dangerous drugs into the communities of southern New Mexico.”
“Organized crime has no place in our country or our communities, especially organizations that poison our citizens with their dangerous drugs and illicit activities,” said Francisco B. Burrola, special agent in charge for HSI El Paso. “These arrests exemplify HSI’s commitment to collaborate with our law enforcement partners to dismantle international criminal organizations one by one.”
“ATF remains committed to protecting the citizens of New Mexico from the scourge of violent firearm offenders. Armed drug trafficking organizations are at the heart of many of the violent acts occurring around us every day. We are proud of the hard work shown here by our partners to put some of the worst of the worst behind bars” stated ATF Dallas Special Agent in Charge Jeffrey C. Boshek II.
“These types of operations have a powerful and lasting impact on our communities. Strong partnerships between federal and local law enforcement make our towns safer and a better place to live. The Eddy County Sheriff’s Office will always stand ready to do our part!”
This investigation was conducted as part of the Organized Crime Drug Enforcement Task Force. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The Drug Enforcement Administration, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pecos Valley Drug Task Force led the investigation, with enforcement assistance from the United States Marshal Service, Carlsbad Police Department, Eddy County Sheriff’ Department, Roswell Police Department, Chaves County Drug Task Force, DEA Airwing and Customs and Border Patrol. The New Mexico Air National Guard’s Air Unit, Artesia Police Department and Customs and Border Patrol’s Air Unit also provided support in this matter.
The case is being handled by Assistant U.S. Attorneys Renee L. Camacho and Devon Aragon-Martinez.
The charges contained in an indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Mescalero Man Charged with Assault with a Dangerous Weapon in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Lestat Cree Valdez made an initial appearance in federal court on a criminal complaint charging him with assault with a dangerous weapon. Valdez, 20, of Mescalero, will remain in custody pending trial.
According to the criminal complaint, the victim was sleeping on the couch in a residence located on the Mescalero Apache reservation when she awoke to being stabbed in the head and chest. A witness heard the victim call for help and observed Valdez striking the victim. The witness chased Valdez from the residence before returning to provide medical assistance to the victim until EMS arrived.
Later that day, Valdez turned himself in to law enforcement. During a subsequent interview, Valdez admitted to ingesting LSD and two unknown drugs and described losing control of his body. Valdez stated that during his acid “trip,” he observed himself stabbing the victim.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Valdez faces 10 years in prison.
This case was investigated by the Las Cruces Resident Agency of the Federal Bureau Investigation with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Eliot Neal is prosecuting the case.
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Former Coach from Pecos Sentenced to 30 Years in Prison for Sextortion SchemeRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Joshua Rico was sentenced to 30 years in prison. Rico, 27, of Pecos, New Mexico, pleaded guilty on Dec. 22, 2022, to five counts of coercion and enticement of minors.
A federal grand jury indicted Rico on May 12, 2021. According to court documents, beginning as early as January 2018, Rico used multiple profiles on the social media platform Snapchat to coerce female high school students, some of which he was familiar with from his job as the assistant basketball coach at a local high school, into sending him sexually explicit photos and videos and engage in sexual acts. Rico used fictitious profiles under the names “Chris Lujan” and “Erik Romero” as well as a profile in his own name to threaten, coerce and manipulate at least four victims who were between 14 and 16 years old.
In each case, Rico used one or both of his fake profiles to persuade the victims into sending compromising photos, then used the threat of exposing the photos to coerce the victims into engaging in sexual acts and sending him videos of the acts. In two instances, after using a fake profile to demand that the victims engage in sexual acts and provide videos, he offered to “help” the victims by allowing them to perform the sexual act with him. Rico coerced at least one of the victims into engaging in sexual acts with him.
Rico’s scheme continued unchecked for nearly three years until one of the victims pieced together that Rico and “Erik” were the same person and reported the conduct to her school and the New Mexico State Police. Through diligent investigation, law enforcement was able to confirm that Rico was also “Chris Lujan” and “Erik Romero.”
“This case highlights the importance and benefit of law enforcement partnerships and task forces. Each agency played a vital role in developing a comprehensive case for prosecutors,” said FBI Special Agent in Charge Raul Bujanda. “The successful multi-agency investigation and prosecution by the U.S. Attorney’s Office will keep a dangerous predator out of the school system and will prevent him from targeting additional minors.”
“Our mission is clear: to protect the innocent, to uphold the rule of law, and to ensure that those who engage in such malicious activities face the consequences of their actions,” said U.S. Attorney Alexander M.M. Uballez. “Together with our law enforcement partners, we will continue to safeguard our children, schools, neighborhoods, and communities. We call upon everyone to be vigilant regarding the online activity of our children and report any suspicious or concerning conduct. The safety of our children is a shared responsibility, and we must work hand-in-hand to maintain their wellbeing – whether at school, in the community, or on the internet. This sentence should send a message to would-be predators, especially those who work in positions of trust with children, that sextortion is a heinous crime that will be punished with decades in prison.”
Upon his release from prison, Rico will be required to register as a sex offender and serve a 20-year term of supervised release.
The New Mexico State Police, the FBI, and the Regional Computer Forensic Laboratory investigated this case as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.
Assistant U.S. Attorneys Sarah Mease and Jaymie L. Roybal 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/.
For more information on sextortion and how to get help, visit the FBI website.
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Shiprock Man Sentenced to 15 Years in Prison for Drug and Firearms OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Jason E. Begay was sentenced to 15 years in prison. Begay, 42, of Shiprock, an enrolled member of the Navajo Nation, pleaded guilty on Jan. 24 to possession with intent to distribute 50 grams of methamphetamine, felon in possession of a firearm and ammunition, possession with intent to distribute 500 grams and more of a mixture and substance containing methamphetamine, using and carrying a firearm during and in relation to a drug trafficking crime, possessing a firearm in furtherance of such crime and being a felon in possession of a firearm and ammunition.
According to court records, on January 23, 2023, Begay admitted that on November 14, 2022, he was found by Navajo Nation Police Department officers in a vehicle with a black handgun, and multiple plastic bags with methamphetamine. The total weight of the plastic bags was 6.8 pounds. Begay admitted to having the firearm in furtherance of drug trafficking. Begay also admitted to being a convicted felon who knew that it was not lawful to possess a firearm or ammunition.
Upon his release from prison, Begay will be subject to 5 years of supervised release.
FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant United States Attorney Robert James Booth II is prosecuting the case.
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Española Man Sentenced to 9 Years in Jail for CarjackingRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Martin Lopez was sentenced to 9 years in prison. A federal jury convicted Lopez, 38, of Española, New Mexico, on Oct. 14, 2022, of one count each of carjacking and brandishing a firearm during and in relation to a crime of violence.
A federal grand jury indicted Lopez on March 12, 2021. According to court records, on Oct. 31, 2020, the victim, identified as Jane Doe 1, who had been dating Lopez, ended the relationship that morning. Later that same day, she and a friend, Jane Doe 2, attempted to deliver Lopez’s belongings to his friend who worked at an O’Reilly’s Auto Parts store in Española. As Jane Doe 1 was retrieving Lopez’s belongings from her vehicle, Lopez appeared, threatened both women with a gun, forced his way into the driver’s seat and drove away with the two Jane Does.
Lopez struck both victims with his gun as he drove to nearby apartment complex where he pushed Jane Doe 2 out of the moving vehicle. Lopez threatened to kill her if she called the police. Before being pushed out, Jane Doe 2 was able to dial 911. The 911 recording captured the victims’ terrified screams and was played for the jury at trial. Lopez continued to drive Jane Doe 1 to a secondary location for a period of time. Later, New Mexico State Police were able to locate the car, Jane Doe 1, and Lopez. However, when law enforcement arrived, Lopez fled the area in Jane Doe 1’s vehicle.
Lopez has prior domestic violence related misdemeanor convictions from 2014, wherein he was given a suspended sentence and his probation was revoked three times. Lopez has been arrested on at least four other occasions for felony charges, none of which resulted in a conviction. Lopez’s sentencing guidelines were calculated at 154 to 177 months. The United States requested a sentence of 177 months. The court imposed a sentence of 108 months (9 years) imprisonment.
The United States commends Jane Doe 2 and the other witnesses who testified in this case.
Upon his release from prison, Lopez will be subject to 3 years of supervised release.
The Federal Bureau of Investigation and the New Mexico State Police investigated this case. Assistant U.S. Attorneys Jaymie L. Roybal and Letitia Carroll Simms are prosecuting the case.
Anyone experiencing domestic violence or who knows someone experiencing domestic violence can reach an advocate at the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY). In New Mexico, the Domestic Violence Resource Center is available by telephone at (505) 843-9123 or online at https://dvrcnm.org/.
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