District of New Mexico
Press releases recorded for this federal judicial district.
Navajo Man Pleads Guilty to Abusive Sexual ContactRead 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 Brandon Yazzie pleaded guilty to two counts of abusive sexual contact. Yazzie, 28, of Standing Rock, New Mexico, and an enrolled member of the Navajo Nation, was remanded into custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, between December 1, 2020, and January 31, 2021, Yazzie sexually abused the victim, identified in court records as Jane Doe, who was less than 12 years old. Specifically, Yazzie engaged in and caused sexual contact with the victim—by touching her genitalia and breasts directly and through the clothing—and afterward, told her “this never happened” with the intent that his acts would remain secret. Yazzie committed the crimes at his father’s residence in Standing Rock on the Navajo Nation.
Yazzie faces any term of years up to life in prison followed by 5 years of supervised release.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Avondale (Arizona) Police Department, Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorney Alexander F. Flores is prosecuting the case.
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23-115
Second Defendant Charged with Second Degree Murder in Death of Navajo ManRead 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 Keon Apachito was charged with murder in the second degree. Apachito, 21, of To'Hajiilee, and an enrolled member of the Navajo Nation, appeared in federal court for a detention hearing and was released to a halfway house pending trial, which has not been scheduled.
According to an indictment, on May 28, 2022, along with two others, Apachito and co-defendant Cole Ray Shorty allegedly beat the victim in retaliation for stealing an item from Shorty. The victim died from their injuries at the University of New Mexico Hospital on May 30, 2022. The incident occurred within the exterior boundaries of the Navajo Nation.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Apachito faces up to 17 years in prison.
Cole Ray Shorty, 19, was arraigned on Sept. 13, 2022, and will remain in custody pending trial. If convicted, Shorty faces up to 17 years in prison.
The FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.
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23-110
Mexican National Sentenced to 9 years for Smuggling Firearms into Mexico from the United StatesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced today that Jesus Barron was sentenced to 115 months in prison. Barron, 35, of Deming, pleaded guilty on Sept. 29, 2022, to one count of conspiracy, six counts of making a false statement in the acquisition of a firearm, and one count of smuggling goods from the United States. Upon his release from prison, Barron will be subject to deportation.
According to the plea agreement and other court records, from January of 2021 to June of 2021, Barron paid his wife, Ana Barron, and their co-defendants, Victor Fierro-Caro, Mayra Madrid, Jose Orona, and Gloria Ramirez, to purchase firearms with the intention of smuggling them into Mexico from the United States. On June 7, 2021, seven of those firearms were seized from a Mexican national by Guardia Nacional (GN) officers operating a checkpoint in Fresnillo, Zacatecas, Mexico. Based on their knowledge, the GN officers believed that the firearms were destined for Cartel de Jalisco Nueva Generacion members in Zacatecas. Mexican Cartels prefer certain makes, models, and calibers of firearms. These "weapons of choice" are generally semi-automatic versions of military type rifles and pistols, which was consistent with the guns seized by GN officers.
During the subsequent investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), it was determined that the seven firearms seized by GN officers had been purchased by Ana Barron and two others. ATF special agents interviewed the two other individuals who advised the agents that they and several others had been paid by Barron to purchase the guns from a Federal Firearms Licensee and that they knew the firearms would be smuggled to Mexico. During an interview with special agents from the ATF, Barron admitted to overseeing a firearm trafficking network in the United States.
Ana Baron pleaded guilty on March 21, 2022, to one count of conspiracy, three counts of making false statements in acquisition of firearms, and two counts of unlawful disposal of firearms to a prohibited person and was sentenced on Sept. 21, 2022.
Mayra Madrid pleaded guilty on Feb. 7, 2022, to one count each of conspiracy and making false statements in acquisition of firearms and was sentenced on May 23, 2022.
Gloria Ramirez pleaded guilty on April 26, 2022, to one count of conspiracy and two counts of making false statements in acquisition of firearms and was sentenced on Sept. 26, 2022.
Victor Fierro-Caro pleaded guilty on May 11, 2022, to one count of conspiracy, three counts of making false statements in acquisition of firearms, and three counts of unlawful dealing in firearms and was sentenced on April 5, 2023.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant United States Attorneys Ry Ellison and Maria Y. Armijo prosecuted the case.
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23-112
Grand Jury Returns Indictment Against Zuni Man for Aggravated Sexual Abuse Against Children in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that a federal grand jury in the District of New Mexico returned an indictment charging Rodney Waikaniwa with multiple counts of aggravated sexual abuse against two victims in Indian Country. Waikaniwa, 51, and an enrolled member of the Zuni Pueblo, will remain in custody pending trial, which has not been scheduled.
According to the indictment, from 2000 to 2013, Waikaniwa allegedly engaged in sexual acts with two children under the age of 12. If convicted, the charges carry a mandatory minimum penalty of 30 years in prison and a maximum of life imprisonment. The incidents of abuse occurred within the exterior boundaries of the Pueblo of Zuni.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty in a court of law.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Special Assistant United States Attorney Mark A. Probasco is prosecuting the case.
If you have reason to believe you or your child may be a victim, or if you have information about this ongoing investigation, please call the FBI at (505) 889-1300 or submit their tips online at tips.fbi.gov.
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23-113
Albuquerque Man Sentenced to Seven Years for Multiple Armed RobberiesRead 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 Justin Bryant Koch was sentenced to 84 months in prison. Koch, 34, of Albuquerque, pleaded guilty on Feb. 1, 2023, to one count of armed robbery and one count of attempted armed robbery. Upon his release from prison, Koch will be subject to 3 years of supervised release.
According to the plea agreement and other court records, on April 7, 2020, at 5:00 pm, Koch entered the Oasis Convenience Store on Carlisle Blvd. NE in Albuquerque and while brandishing a firearm, approached the clerk and demanded that the clerk give him money. The clerk pulled his own firearm in self-defense and Koch fled the store. Approximately one hour and 40 minutes later, Koch entered the Casa Taco Restaurant on Academy Rd. NE in Albuquerque and repeated his previous behavior, approaching the clerk while armed with a firearm and demanding that the clerk give him money. The clerk gave Koch $331.63 and Koch fled the scene.
After an investigation, it was determined that Koch was the main suspect, and he was later arrested.
The FBI Albuquerque Field Office investigated this case with the Albuquerque Police Department. Assistant United States Attorney Thomas J. Aliberti prosecuted the case.
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23-109
Albuquerque Man Sentenced to 25 Years for Firearms Offenses and CarjackingRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced today that Freddie Granger was sentenced to 25 years in prison. Granger, 42, of Albuquerque, pleaded guilty on March 20, 2023, to one count of being a felon in possession of firearm and ammunition, one count of carjacking, and one count of brandishing a firearm in furtherance of a crime of violence.
According to the plea agreement and other court records, on June 9, 2022, Granger sold two firearms to an undercover agent with the ATF, one of which was an AR-style rifle, along with high-capacity magazines. Granger indicated to the undercover agent that he had been unlawfully selling firearms for a “long time” and he would be open to doing “package deals” in the future. At the time, Granger had been convicted of seven felonies including involuntary manslaughter, kidnapping, and aggravated assault with a deadly weapon. In his plea, Granger admitted that he knew that as a previously convicted felon he could not legally possess firearms or ammunition.
Days later, on June 13, 2022, an officer with the Carlsbad Police Department pulled Granger over because the car he was driving was missing a license plate and was swerving. Granger gave the officer false identification information before fleeing. Granger crashed his car near a marijuana dispensary, where he encountered John Doe as Doe was exiting his vehicle. Granger pointed a firearm at him, demanded his keys and took his vehicle after Doe safely removed a 7-year-old minor from the backseat.
When Granger was apprehended on July 8, 2023, he was still in possession of Doe’s car, which he had spray painted a different color.
Upon his release from prison, Granger will be subject to 5 years of supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. Assistant United States Attorney Jaymie L. Roybal prosecuted the case.
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23-111
Albuquerque man sentenced to 7 years for illegal firearms possessionRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Arthur Quintana was sentenced to 86 months in prison. Quintana, 45, of Albuquerque, pleaded guilty on Feb. 7, 2023, to being a felon in possession of firearm and ammunition.
According to the plea agreement and other court records, on June 6, 2021, a property owner discovered Quintana and others in a trailer in Bernalillo County, New Mexico. As the property owner called 911 to report the incident, Quintana fled in a Ford Explorer. Bernalillo County Sheriff Deputies responding to the call and conducted a traffic stop as Quintana was leaving the area. Quintana told the deputies that he had two firearms and consented to a search of the vehicle. The deputies found two loaded handguns under the front passenger seat. In his plea, Quintana admitted that he knew that as a previously convicted felon and that he could not legally possess firearms or ammunition.
Upon his release from prison, Quintana will be subject to 3 years of supervised release.
The Bernalillo County Sheriff’s Office investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Alexander F. Flores prosecuted the case.
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23-108
Navajo 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 FBI Albuquerque Field Office, announced that Sheldon Carlton Daye was charged with involuntary manslaughter. Daye, 29, of Vanderwagen, and an enrolled member of the Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.
According to the indictment, on Oct. 2, 2022, Daye allegedly hit and killed two people who were stopped on the shoulder of Highway 602, repairing a flat tire, near Bread Springs, NM. Daye was allegedly driving while under the influence at the time. The incident occurred within the exterior boundaries of the Navajo Nation.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Daye faces up to 8 years in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and the New Mexico State Police. Assistant United States Attorney Alexander F. Flores is prosecuting the case.
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23-106
Albuquerque Man Pleads Guilty to Tax EvasionRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Albert A. Childress, Special Agent in Charge, Internal Revenue Service – Criminal Investigation, announced today that Arturo Archuleta pleaded guilty to five counts of tax evasion. Archuleta, 50, of Albuquerque, will remain on conditions of release pending sentencing, which has not been scheduled.
According to the plea agreement, from 2014 to 2018, Archuleta worked as an office manager at ABQ Injury Clinic, a chiropractic medicine practice in Albuquerque. During that time, Archuleta derived approximately $200,000 from his role at ABQ Injury Clinic. In the same period, Archuleta also took checks made out to ABQ Injury Clinic and diverted them to a separate bank account he controlled. Archuleta did not report any of his income to the IRS between 2014 and April of 2019 and took affirmative acts to avoid creating records of the income.
The tax evasion offenses carry a statutory maximum sentence of five years of imprisonment but, according to the terms of his plea agreement, Archuleta faces up to two years of imprisonment at sentencing.
IRS Criminal Investigation investigated this case with assistance from the Federal Bureau of Investigation. Assistant United States Attorney Taylor F. Hartstein is prosecuting the case.
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23-105
Albuquerque Man Charged with Firearms OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced that Marquez Martinez was charged with dealing in firearms without a license and illegal possession of a machine gun. Martinez, 25, of Albuquerque, appeared in federal court for a detention hearing and will remain at the La Pasada Halfway House under numerous conditions of release pending trial, which has not been scheduled.
According to the criminal complaint, on Jan. 9, 2023, the ATF identified an Instagram account associated with Martinez advertising the sale of firearms including firearms modified with a machine gun conversion device commonly referred to as a “switch.” A machine gun conversion device is a small device that can be mounted to the back of a handgun. Once mounted, the device allows the handgun to operate as a fully automatic weapon.
On Jan. 10, 2023, a student at West Mesa High School was found with two firearms in their possession. One of the firearms was purchased by Marquez on Nov. 10, 2022, 61 days prior and modified with a machine gun conversion device. On Feb. 1, 2023, an undercover detective with the Albuquerque Police Department (APD) contacted Martinez through Instagram and set up numerous controlled purchases of contraband. Specifically, the undercover detective purchased LSD, several handguns, an AK-47, several machine gun conversion devices, and fentanyl. One of the handguns was found to have been purchased by Martinez 39 days prior to the controlled purchase.
On March 2, 2023, a Texas State Ranger conducted a traffic stop in El Paso, TX, on a vehicle that contained an individual wanted for homicide in Albuquerque. During a search of the vehicle a firearm was recovered. The firearm had been purchased by Martinez on June 26, 2022.
On March 8, 2023, the APD Gun Violence Suppression Unit (GVSU) conducted a vehicle stop in Albuquerque. During the vehicle stop, a firearm was recovered and seized. This firearm had been purchased by Martinez on Jan. 7, 2023, 62 days prior to it being recovered by law enforcement.
During the five-month period of monitoring Martinez’s firearm purchases, the ATF estimates that he was responsible for buying at least thirty-five firearms.
On May 11, 2023, the ATF and other federal law enforcement agencies executed a warrant on the current known residence of Martinez. Inside the home, agents located approximately thirteen firearms, hundreds of rounds of ammunition, and numerous ammunition magazines. Martinez was interviewed by an agent from the ATF and admitted purchasing “hundreds” of firearms since turning 21, to include approximately fifty purchases in the past six months.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Martinez faces up to 10 years in prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Patrick E. Cordova is prosecuting the case.
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23-107
Albuquerque Man Charged with Firearms OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced that Marquez Martinez was charged with dealing in firearms without a license and illegal possession of a machine gun. Martinez, 25, of Albuquerque, appeared in federal court for a detention hearing and will remain at the La Pasada Halfway House under numerous conditions of release pending trial, which has not been scheduled.
According to the criminal complaint, on Jan. 9, 2023, the ATF identified an Instagram account associated with Martinez advertising the sale of firearms including firearms modified with a machine gun conversion device commonly referred to as a “switch.” A machine gun conversion device is a small device that can be mounted to the back of a handgun. Once mounted, the device allows the handgun to operate as a fully automatic weapon.
On Jan. 10, 2023, a student at West Mesa High School was found with two firearms in their possession. One of the firearms was purchased by Marquez on Nov. 10, 2022, 61 days prior and modified with a machine gun conversion device. On Feb. 1, 2023, an undercover detective with the Albuquerque Police Department (APD) contacted Martinez through Instagram and set up numerous controlled purchases of contraband. Specifically, the undercover detective purchased LSD, several handguns, an AK-47, several machine gun conversion devices, and fentanyl. One of the handguns was found to have been purchased by Martinez 39 days prior to the controlled purchase.
On March 2, 2023, a Texas State Ranger conducted a traffic stop in El Paso, TX, on a vehicle that contained an individual wanted for homicide in Albuquerque. During a search of the vehicle a firearm was recovered. The firearm had been purchased by Martinez on June 26, 2022.
On March 8, 2023, the APD Gun Violence Suppression Unit (GVSU) conducted a vehicle stop in Albuquerque. During the vehicle stop, a firearm was recovered and seized. This firearm had been purchased by Martinez on Jan. 7, 2023, 62 days prior to it being recovered by law enforcement.
During the five-month period of monitoring Martinez’s firearm purchases, the ATF estimates that he was responsible for buying at least thirty-five firearms.
On May 11, 2023, the ATF and other federal law enforcement agencies executed a warrant on the current known residence of Martinez. Inside the home, agents located approximately thirteen firearms, hundreds of rounds of ammunition, and numerous ammunition magazines. Martinez was interviewed by an agent from the ATF and admitted purchasing “hundreds” of firearms since turning 21, to include approximately fifty purchases in the past six months.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Martinez faces up to 10 years in prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Patrick E. Cordova is prosecuting the case.
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23-107
Laguna Man Charged with Second Degree MurderRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Cody Allen Charlie was charged with three counts of murder in the second degree. Charlie, 36, of Laguna, and an enrolled member of the Pueblo of Acoma, appeared in federal court today for a detention hearing and will remain in custody pending trial, which has not been scheduled.
According to an indictment, on Aug. 7, 2022, Charlie was allegedly driving on I-40 near mile marker 130 when he hit another car from behind, pushing it off the interstate, onto the shoulder, and causing it to roll over. All three occupants of the car were killed in the accident. After the crash, Charlie allegedly fled the scene on foot. The crash occurred within the exterior boundaries of the Laguna Indian Reservation.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Charlie faces up to 33 years in prison.
The Bureau of Indian Affairs investigated this case with assistance from the Laguna Police Department and New Mexico State Police. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.
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23-104
Ohkay Owingeh man pleads guilty to assault with a dangerous weapon in Indian CountryRead the Press Release
FOR IMMEDIATE RELEASE
May 8, 2023
Ohkay Owingeh man pleads guilty to assault with a dangerous weapon in Indian Country
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jerry Segura, Jr. 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. Segura, 34, of Ohkay Owingeh, New Mexico, and an enrolled member of the Ohkay Owingeh Pueblo, will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement, Segura, Jr. admitted to brandishing a firearm without justification at Jane Doe, his former girlfriend’s adult daughter, which enabled Segura, Jr. to assault her. Segura, Jr. admitted to assaulting Jane Doe in Indian Country.
Segura, Jr. faces a minimum of seven years imprisonment at sentencing.
The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Zachary Jones is prosecuting the case.
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23-103
Federal Jury Convicts Former El Paso Independent School District Employee on Kidnapping ChargesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that a federal jury returned guilty verdicts against Jeffrey Steven Clay. The jury convicted Clay, 51, of Anthony, New Mexico, on one count each of kidnapping and transportation for illegal sexual activity. United States District Judge Kenneth J. Gonzales presided over the trial.
A federal grand jury indicted Clay on Nov. 9, 2022. At the time, Clay was employed as the Executive Director of Analytics, Strategy, and Assessment and Public Education Information Management Systems for the El Paso Independent School District (EPISD). Clay previously worked for EPISD in various roles including as a teacher and school principal.
According to the evidence at trial and other publicly available court records, on Aug. 4, 2021, Clay offered a ride to Jane Doe near Copia Street in El Paso, Texas, ostensibly to take her to a friends’ residence in El Paso. Instead, Clay took Jane Doe to his residence in Anthony, New Mexico. There, Clay attempted to kiss Jane Doe. When she rebuffed him, Clay struck Jane Doe in the face and handcuffed her. Clay then took Jane Doe to a bedroom where he struck her in the face and sexually assaulted her while she was handcuffed, crying, and pleading with Clay to stop. Afterward, Clay drove Jane Doe back to El Paso. Jane Doe escaped when Clay was stopped at a traffic light and sought help at a nearby convenience store.
At trial, another woman testified that Clay repeatedly sexually abused her as well, both when she was a minor and when she was an adult, including while she was seven months pregnant.
“This crime was disturbing and relentless,” said Raul Bujanda, FBI Special Agent in Charge. “The conviction of Jeffrey Steven Clay is a great achievement in keeping our communities safer from those who target and prey on innocent people. The FBI will always work together with our partners and hold these criminals accountable and prevent such violence from happening in our communities.”
“Even in darkness there is light,” said U.S. Attorney Alexander M.M. Uballez. “For those of us who serve in law enforcement, the light is working with these heroic victims and witnesses whose courageous testimony ensures that sexual predators will never ruin another life. I stand in awe of these two brave women who shared their stories so that others would be safe.”
Clay faces up to life in prison. Upon his release from prison, Clay would be subject to registration as a sex offender.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Doña Ana County Sheriff’s Office, the El Paso Police Department, and the Third Judicial District of New Mexico District Attorney's Office. Assistant United States Attorneys Matilda McCarthy Villalobos and Ry Ellison are prosecuting the case.
The FBI is seeking other potential victims of Clay. Anyone with information is asked to contact the FBI at 1-800-CALL-FBI or report online to tips.fbi.gov.
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23-102
Zuni Man Charged with Aggravated Sexual Abuse in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Rodney Waikaniwa made an initial appearance in federal court on a criminal complaint charging him with aggravated sexual abuse in Indian Country. Waikaniwa, 51 years old, and an enrolled member of the Zuni Pueblo, will remain in custody pending a preliminary and detention hearing scheduled for May 9.
According to the complaint, on or about February 10, 2023, the Zuni Police Department learned of allegations of sexual abuse against Waikaniwa. The investigation was referred to the Gallup Resident Agency of the FBI Albuquerque Field Office, which conducted interviews with two victims. Following interviews with the victims, agents interviewed Waikaniwa at his home and he admitted to sexually abusing both victims. The incidents of abuse occurred within the exterior boundaries of the Pueblo of Zuni.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Waikaniwa faces a minimum of 30 years in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Special Assistant United States Attorney Mark A. Probasco is prosecuting the case.
Jicarilla Woman Pleads Guilty to 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 pleaded guilty to voluntary manslaughter. Montoya, 38, of Dulce, will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other 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.
By the terms of the plea agreement, Montoya can be sentenced to up to 15 years in prison followed by up 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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23-99
Federal jury convicts former Los Lunas High School coach on child pornography chargesRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that a federal jury returned a guilty verdict against Johnathon Bindues after less than three hours of deliberation. The jury convicted Bindues, 31, of Los Lunas, New Mexico, on one count each of coercion and enticement of a minor and production of child pornography. United States District Judge James O. Browning presided.
A federal grand jury indicted Bindues on March 23, 2022. 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 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.
“The exploitation of children requires decisive action. Those who seek to prey on children will stop at nothing to lull their victims into a false sense of trust and security,” said Amy Kaskel, FBI Acting Special Agent in Charge. “Thanks to the close collaboration with our partners at the New Mexico State Police, we were able to put a stop to the defendant’s activities. This man, who was entrusted to mentor young people, was in actuality a predator of vulnerable girls. Today’s conviction is one step closer to ensuring he won't be able to victimize children for years to come.”
“Our children deserve schools and sports free from sexual predation,” said U.S. Attorney Alexander M.M. Uballez. “I stand in awe of Jane Doe’s bravery, fortitude, and resilience. Her strength in facing her abuser and sharing her story is nothing short of heroic. Parents, teachers, and all members of our community must remain vigilant to protect our children from those who abuse their positions of authority.”
Bindues faces a minimum of 10 years and up to life in prison for coercion and enticement and a minimum of 15 years and up to 30 years in prison for production of child pornography. Upon his release from prison, Bindues would be subject to registration 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.
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23-101
Zuni Man Pleads Guilty to 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 pled guilty to voluntary manslaughter. Wallace, 44, of Zuni, New Mexico, and an enrolled member of the Zuni Pueblo, will remain in custody pending sentencing, which has not been scheduled.
In his plea agreement, Wallace admitted that he killed the victim, identified as John Doe, sometime between July 5, 2022, and August 9, 2022, and buried him 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 John Doe’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.
By the terms of the plea agreement, Wallace faces up to 12 years in prison.
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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23-97
Malachi Crockett charged in Federal Court for Carjacking SpreeRead 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 Malachi Alan Crockett was arraigned on an indictment charging him with three counts of carjacking, one count of attempted carjacking, and using, carrying, and brandishing a firearm during and in relation to a crime of violence. Crockett, 18, of Albuquerque, will remain in custody pending trial.
A federal grand jury indicted Crockett on April 27. According to the indictment and other court records, on March 21, Crockett and accomplices allegedly approached the first victim, identified as Jane Doe 1, while she was stopped in her car, a white Nissan sedan, at the intersection of 86th St SW and Tower Road SW. One of the individuals brandished a handgun and pointed it directly at Doe 1. Doe 1 opened her car door and fled.
A second victim, identified in court documents as Jane Doe 2, was parked on the south side of the Westgate Community Park in a grey Chevrolet SUV, waiting for her children. Doe 2 observed the white Nissan pull in front of her vehicle, blocking her in. Two individuals got out of the car and approached her. Doe 2 observed one of the individuals pointing a handgun at her head. Doe 2 exited the vehicle and fled.
A witness at the park observed the second carjacking as she drove by the incident. The white Nissan then began to follow her and she observed the occupants pointing firearms at her. She accelerated away and heard multiple gunshots before observing the grey Chevrolet approaching her then striking a tree. An individual exited the Chevrolet with a handgun and she attempted to drive away and observed the white Nissan following her and the occupants shooting at her vehicle. The witness lost control of her vehicle and crashed into a residence. The white Nissan stopped behind her and the individuals exited the car with handguns and the witness fled her vehicle on foot.
A short time later, two victims identified as Jane Doe 3 and John Doe, were driving near Carlos Rey Elementary when they observed the white Nissan. A young male exited the vehicle with a handgun and ran towards Jane Doe 3 and John Doe, pointing the handgun at them. As he approached, Jane Doe 3 drove away at a high rate of speed.
A few minutes later, Jane Doe 4 was approaching the intersection of Barbados Ave SW and Gibson Blvd SW in a red Chevrolet hatchback. The white Nissan drove past her and parked in front of her, blocking her vehicle. Doe 4 thought the occupants of the white Nissan may need assistance, so she stopped her car, turned it off and exited the vehicle with her keys. Doe 4 then observed three masked males exit the white Nissan and approach her. All three were armed with handguns and dressed in dark-colored clothing. They yelled at her to give them the keys, at which point Doe 4 threw the keys to the ground. One of the individuals picked up the keys, got into her vehicle and drove away while the other two returned to the white Nissan and drove away.
Responding APD officers observed the red Chevrolet hatchback and initiated pursuit. The driver crashed the vehicle near the area of Atrisco Dr SW and Bridge Blvd SW. Officers managed to apprehend the fleeing occupants. Crockett was wearing a black hoodie and black pants and in possession of a black mask when he was apprehended. During his attempt to flee, Crockett allegedly disposed of a handgun. Upon observation of the handgun, APD personnel reported the backplate of the handgun appeared to have been modified.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Crockett faces imprisonment of up to 15 years for each carjacking count and a consecutive term of up to life in prison for using, carrying and brandishing a firearm during and in relation to a crime of violence.
The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Thomas J. Aliberti is prosecuting the case.
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23-98
Roswell escrow manager pleads guilty to wire fraudRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Christopher Adam Jensen-Tanner pleaded guilty to wire fraud and engaging in monetary transactions in property derived from specified unlawful activity. Jensen-Tanner, 44, of Roswell, is not in custody.
In his plea agreement, Jensen-Tanner admitted that from January 2017 through October 2019 while owning and operating Roswell Escrow Services, Inc. (RES) he knowingly and intentionally engaged in a scheme to defraud and obtain money by making fraudulent and false promises with a provable loss amount more than $550,000 and less than $1,500,000. Specifically, he admitted to making a personal purchase from an RES corporate account and making payment to Living Reflections, LLC, Luxury Rehabilitations in the amount of $53,000.00. Jensen-Tanner also admitted to purchasing a $19,500.00 cashier’s check payable to Bullock’s Jewelry.
Jensen-Tanner faces up to 20 years in prison.
If you were a client of Jensen-Tanner and/or RES and believe you are a victim, please contact the FBI tipline at 1-800-CALL-FBI (1-800-225-5324) or login at tips.fbi.gov to notify the Federal Bureau of Investigation.
The Roswell Division of the FBI and IRS Criminal Investigation investigated this case with assistance from the Securities and Financial Institutions Divisions of the New Mexico Regulation and Licensing Department. Assistant United States Attorneys Ry Ellison and Richard Williams are prosecuting the case.
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23-92
Fruitland Man Pleads Guilty to 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 pleaded guilty to assault resulting in serious bodily injury. Buck, 40, of Fruitland New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, Nov. 17, 2022, Buck assaulted his girlfriend while they were intoxicated and in Buck’s vehicle. The victim was seriously injured during the assault and was hospitalized in the ICU for several weeks where she was intubated while fighting for her life. The assault took place on the Navajo Nation.
Under the terms of his agreement, Buck can be sentenced to up to 10 years in prison followed by up 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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23-95
Construction Company Owner and Former Residential Facility Employee Indicted for Rigging Bids for Public ContractsRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Jamie DePaepe, Special Agent in Charge of the Department of the Interior (DOI) Office of Inspector General, and Andy Tsui, Special Agent in Charge of IRS Criminal Investigation Denver Field Office, announced that William Ross Badoni and Elroy Harry made initial appearances in federal court on April 27 and April 25 on an indictment charging them with conspiracy to commit federal program fraud. The indictment also charges Badoni with one count of committing theft or bribery concerning programs receiving federal funds and eight counts of laundering of monetary instruments. Badoni, 59, of Shiprock, and Harry, 59, of Aztec, will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Badoni and Harry on April 11. According to the indictment, Badoni was the owner and director of Badoni Construction Company, located in San Juan County. During the time relevant to the indictment, Harry was employed by Kinteel Residential Campus, Inc. (KRCI) as a maintenance supervisor. KRCI is a residential facility which offers free or low-cost housing and meal accommodations for students attending school in Aztec. As such, KRCI receives federal funds from the Department of Interior through the Bureau of Indian Education.
From about April of 2018 to June of 2019, Badoni and Harry allegedly conspired to falsify and submit to KRCI bids in the names of other construction companies in order to make it more likely that Badoni’s bids would be selected for KRCI construction projects. Harry also allegedly provided Badoni with non-public information about construction projects and the bidding process. In return, Badoni allegedly gave, offered, or agreed to give things of value, namely sums of money, to Harry. Once Badoni had won the initial award of construction contracts, Harry and Badoni allegedly worked together to increase compensation for Badoni by submitting fraudulent “change orders” for KRCI’s approval. Further, Badoni and Harry allegedly caused KRCI to issue new construction contracts on an urgent basis under false pretenses in order to justify deviating from standard policies and procedures relating to KRCI’s bidding process.
“This indictment shows IRS-Criminal Investigation’s commitment to ensuring fair and open competition opportunities for companies seeking to work with the federal government,” said Andy Tsui, IRS-CI Special Agent in Charge. “IRS-CI will continue working with our law enforcement partners to ensure an even playing field for those attempting to obtain federal contracts for their businesses.”
“The Department of the Interior (DOI) Office of Inspector General (OIG) is committed to protecting our Indian Country schools and dormitories, so the students receive the education and opportunities they deserve, and the educators and staff have the resources they need,” said Jamie DePaepe, Special Agent in Charge for the DOI OIG. “We will continue to work with our law enforcement partners to aggressively investigate fraud in DOI programs to ensure those who defraud DOI programs are held accountable.”
“We will ardently protect taxpayer dollars invested in our youth,” said United States Attorney Alexander M.M. Uballez. “Protecting the integrity of contracting processes involving federal funds helps make sure that when we invest in our communities, that investment pays off.”
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Badoni faces up to 20 years in prison and Harry faces up to 5 years in prison.
The Criminal Investigators Division of the U.S. Department of the Interior, Office of Inspector General investigated this case. Assistant United States Attorney Taylor F. Hartstein is prosecuting the case.
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23-96
Fruitland 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 Derek Lorin Blackhorse pleaded guilty to sexual abuse. Blackhorse, 34, of Fruitland New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, on May 28, 2021, Blackhorse engaged in sexual intercourse with the victim, Jane Doe, while she was sleeping in her bed at her home. The assault took place on the Navajo Nation.
Under the terms of his agreement, Blackhorse can be sentenced to between 6 and 8 years in prison and must register as a sex offender upon his release from prison.
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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23-94
Shiprock Woman Charged with Involuntary Manslaughter and 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 Courtney Frank was arraigned on an indictment charging her with involuntary manslaughter and assault resulting in serious bodily injury. Frank, 19, of Shiprock, and an enrolled member of Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.
According to the indictment, on Sept. 28, 2022, Frank operated a motor vehicle without due caution and circumspection and with a wanton and reckless disregard for human life when she knew and should have known that her conduct imperiled the lives of others. Frank, who was driving drunk, crashed her car head-on into a car driven by a mother and son, killing the mother and injuring the son.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Frank faces up to 10 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the New Mexico State Police. Assistant United States Attorney Zachary C. Jones is prosecuting the case.
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23-93
Rio Rancho Man Charged with Possession of Destructive DevicesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced today that Peter Ryan Lynch was charged with receipt or possession of a destructive device. Lynch, 46, of Rio Rancho, appeared in federal court today for a detention hearing and will remain on conditions of release pending trial, which has not been scheduled.
According to a criminal complaint, on April 20, 2023, agents from Homeland Security Investigations (HSI) executed a warrant authorizing the search of the residence of Lynch for receiving firearms silencers mailed from China. While clearing the residence, HSI agents located four “pipe bombs,” materials for building pipe bombs, a shotgun, corresponding ammunition, a ballistics vest and several inert grenades.
Inert grenades are often sold as collectors’ items with a hole drilled into the end and the internal components removed. At least one of the grenades recovered at the residence appeared ready to load with a propellant. At the time the warrant was executed, agents determined that one of the pipe bombs was functional and capable of detonation. The other three pipe bombs consisted of two smaller PVC pipes with end caps, and one larger metal pipe fitted with end caps and a fuse.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Lynch faces up to 10 years in prison.
Homeland Security Investigations investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and New Mexico State Police. Assistant United States Attorney Jon K. Stanford is prosecuting the case.
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23-91
Rio Rancho Man Charged with Possession of Destructive DevicesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced today that Peter Ryan Lynch was charged with receipt or possession of a destructive device. Lynch, 46, of Rio Rancho, appeared in federal court for a detention hearing and will remain on conditions of release pending trial, which has not been scheduled.
According to a criminal complaint, on April 20, 2023, agents from Homeland Security Investigations (HSI) executed a warrant authorizing the search of the residence of Lynch for receiving firearms silencers mailed from China. While clearing the residence, HSI agents located four “pipe bombs,” materials for building pipe bombs, a shotgun, corresponding ammunition, a ballistics vest and several inert grenades.
Inert grenades are often sold as collectors’ items with a hole drilled into the end and the internal components removed. At least one of the grenades recovered at the residence appeared ready to load with a propellant. At the time the warrant was executed, agents determined that one of the pipe bombs was functional and capable of detonation. The other three pipe bombs consisted of two smaller PVC pipes with end caps, and one larger metal pipe fitted with end caps and a fuse.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Lynch faces up to 10 years in prison.
Homeland Security Investigations investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and New Mexico State Police. Assistant United States Attorney Jon K. Stanford is prosecuting the case.
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23-91
Zuni Man Pleads Guilty to Firearm OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Nicholas Pinto has pled guilty to assault with a dangerous weapon resulting in serious bodily injury and discharging a firearm during a crime of violence in Indian Country. Pinto, 24, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement, on Sept. 18, 2022, while at the home of the victim, identified as John Doe, Pinto started an argument with another guest at which point Doe asked him to leave. As Pinto left the residence, he told Doe that he would be “coming back.” Pinto returned to Doe’s house later that day with a sawed-off shotgun and knocked on the front door. When Doe answered, Pinto fired the shotgun at Doe with the intent to cause great bodily harm, striking Doe in the right leg. As Doe was laying on the ground, Pinto racked another shell in the shotgun, pointed the gun at Doe, and attempted to fire a second time, but the gun jammed. At that time, Pinto fled the scene and attempted to hide the firearm. John Doe suffered great bodily harm, including a large 12-inch gunshot wound to the right thigh. The incident occurred on the Zuni Pueblo.
Under the terms of the agreement, Pinto faces 10 years in prison followed by up to five years of supervised release.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.
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23-90
Pinedale Woman Sentence to 37 Months for Fatal CrashRead 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 Betrina Harry Grey was sentenced to 37 months in prison. Grey, 31, of Pinedale, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on Oct. 11, 2022, to one count each of involuntary manslaughter and assault resulting in serious bodily injury. Upon her release from prison, Grey will be subject to 3 years of supervised release.
According to the plea agreement and other court records, on Oct. 14, 2017, Grey was driving while intoxicated when she lost control of her vehicle on State Road 118 near the Fort Wingate Army Depot turnoff on the Navajo Nation. As the vehicle rolled, two passengers, identified as John Doe 1 and John Doe 2, were ejected from the vehicle. John Doe 1 died on the scene, while John Doe 2 suffered a significant brain injury and was airlifted to a hospital for emergency care. Both victims were enrolled members of the Navajo Nation. In her plea agreement, Grey acknowledged that her blood alcohol content, measured after the incident, was .16.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the New Mexico State Police and McKinley County Sheriff’s Office. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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23-89
Shiprock Woman Charged with Involuntary Manslaughter and 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 Courtney Frank made an initial appearance in federal court on an indictment charging her with involuntary manslaughter and assault resulting in serious bodily injury. Frank, 19, of Shiprock, and an enrolled member of Navajo Nation, will remain in custody pending a preliminary and detention hearing scheduled for April 27.
According to the indictment, on Sept. 28, 2022, Frank operated a motor vehicle without due caution and circumspection and with a wanton and reckless disregard for human life when she knew and should have known that her conduct imperiled the lives of others. Frank, who was driving drunk, crashed her car head-on into a car driven by a mother and son, killing the mother and injuring the son.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Frank faces up to 10 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the New Mexico State Police. Assistant United States Attorney Zachary C. Jones is prosecuting the case.
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23-88
Sanostee Man Charged with Assault 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 Melvin C. Smith was arraigned on an indictment charging him with assault resulting in serious bodily injury and two counts of assault with a dangerous weapon. Smith, 62, of Sanostee, and an enrolled member of the Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Smith on April 11. According to the indictment, on Oct. 6, 2022, Smith assaulted two victims, identified as John and Jane Doe, with a long wooden stick with the intent to cause bodily harm to both John and Jane Doe, doing so within the exterior boundaries of the Navajo Nation.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Smith faces up to 10 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Zachary C. Jones is prosecuting the case.
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23-86
Jeffrey Dean Biddle Sentenced to Life in PrisonRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced that Jeffery Dean Biddle was sentenced to life in prison. Biddle, 42, of Deming, pleaded guilty on Oct. 26 to production and attempted production of child pornography, receipt and attempted receipt of child pornography, and enticement and attempted enticement of a minor.
According to the plea agreement and other court records, in 2021, Biddle, a registered sex offender, started a conversation with a minor victim he met through Facebook. The conversation eventually moved to text messages and Biddle coerced the victim to take pornographic photos to send to him. Biddle specifically requested “naked” pictures and asked for nude photographs approximately 24 times. During these text exchanges, Biddle also sent the victim nude photographs of himself.
Biddle had entered into a global plea agreement where he also agreed to plead guilty in state court to multiple counts of Criminal Sexual Penetration in the First Degree (Child under 13), and Criminal Sexual Penetration in the Second Degree (Child under 13). That conduct involved Biddle’s sexual abuse of an 18-month-old child. On December 5, 2022, Biddle pled guilty in state court and was sentenced to 35 years in prison. When Biddle was originally arrested on those charges, he admitted to molesting at least eleven children, most of whom were under the age of five.
“This sentence was eminently fitting, given the abhorrent acts committed against innocent and vulnerable children,” said Francisco B. Burrola, Special Agent in Charge for HSI El Paso. “This case demonstrates once again how producing child pornography and abuse can go hand-in-hand. For that reason, child exploitation investigations are a top priority for Homeland Security Investigations, and we will continue to collaborate with our law enforcement partners to hold devious sexual predators accountable for their actions.”
“One child is too many. Eleven is unspeakable. Today, the Court imposed the only sentence which will ensure this serial child molester will never add another name to his terrible list,” said U.S. Attorney Alexander Uballez. “This case highlights what is possible when local, state, and federal agencies team up to relentlessly pursue sexual predators who seek to harm our most vulnerable population.”
Homeland Security Investigations (HSI) investigated this case with assistance from the FBI, the Drug Enforcement Administration’s Las Cruces District Office, New Mexico State Police, the Deming Police Department, Luna County Sheriff’s Office, and the District Attorney’s Office for the Sixth Judicial District as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program is a nationwide 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 United States Attorneys Marisa A. Ong and Matilda McCarthy Villalobos are 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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23-87
Albuquerque Man Pleads Guilty to Conspiracy to Defraud the United StatesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Albert Childress, Special Agent in Charge, IRS Criminal Investigation, announced today that David Wellington pled guilty to conspiracy to defraud the United States. Wellington, 64, of Albuquerque, will remain on conditions of release pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, in 2005, Wellington and his business partner, Stacy Underwood, 52, of Albuquerque, established National Business Services, LLC, a business that was involved in the promotion, sale, and creation of Limited Liability Companies under New Mexico state law. Through the LLC, Wellington and Underwood created LLCs in New Mexico for their clients, obtained Employer Identification Number (“EIN”) from the IRS, and opened bank accounts in the names of the LLCs, allowing their clients to remain anonymous. Between 2005 and 2015, Wellington and Underwood organized at least 192 LLCs in New Mexico and opened at least 114 bank accounts.
In 2006, Wellington and Underwood created three LLCs in New Mexico for Jerry Shrock, 48, of Meadowview, Virginia. Underwood was listed as the “Organizer” and National Business Services, LLC as the initial registered agent for all three. In 2011, Underwood opened a bank account for one of the LLCs and provided Shrock with online access to the bank account and a book of pre-signed checks with her signature. Between 2011 and 2015, $4,875,940 was deposited into and withdrawn from the bank account. At the time of the deposits and withdrawals, Shrock had an outstanding IRS assessment for unpaid taxes, penalties, and interest in the amount of about $1 million. Shrock never filed personal or business tax returns with the IRS reporting the income in the LLCs bank account, allowing Shrock to generate and deposit income while evading the outstanding assessment and personal and business taxes on the income.
Under the terms of his agreement, Wellington faces up to 5 years in prison followed by up to 3 years of supervised release.
Stacy Underwood pled guilty to conspiracy on Oct. 21, 2022, and remains on conditions of release pending sentencing, which has not been scheduled. Under the terms of her agreement, Underwood faces 5 years in prison followed by up to 3 years of supervised release.
Jerry Shrock pled guilty to conspiracy on Nov. 28, 2022, and remains on conditions of release pending sentencing, which has not been scheduled. Under the terms of his agreement, Shrock faces up to 5 years in prison followed by up to 3 years of supervised release.
The IRS Criminal Investigation Phoenix Field Office investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.
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23-85
Roswell escrow manager set to plead guiltyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico announced today that Christopher Adam Jensen-Tanner is set to plead guilty to wire fraud and engaging in monetary transaction in property derived from specified unlawful activity on April 26, 2023 at 2:30 pm. Christopher Adam Jensen-Tanner, 44, of Roswell, is not in custody.
Jensen-Tanner used his position and access as owner and president of Roswell Escrow Services, Inc. (RES) to fraudulently redirect customer funds for his personal benefit.
If you were a client of Jensen-Tanner and/or RES and believe you are a victim, please contact the FBI tipline at 1-800-CALL-FBI (1-800-225-5324) or login at tips.fbi.gov to notify the Federal Bureau of Investigation.
If you are a victim or potential victim and would like to attend the plea hearing on April 26, 2023 at 2:30 pm, please contact Victim Specialist Jacquie Gutierrez at (575) 522-2304 before the date of the hearing for more information.
The Roswell Division of the FBI and IRS Criminal Investigation investigated this case with assistance from the Securities and Financial Institutions Divisions of the New Mexico Regulation and Licensing Department. Assistant United States Attorneys Ryan Ellison and Richard Williams are prosecuting the case.
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23-84
Taos Man Sentenced to 9 Years for Kidnapping and Domestic ViolenceRead 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 Richard Mascarenas was sentenced to 9 years in prison. Mascarenas, 38, of Taos Pueblo, and an enrolled member of the Pueblo of Taos, pleaded guilty on Jan. 13 to one count each of kidnapping, assault resulting in serious bodily injury, and assault of an intimate partner by strangling and suffocating. Upon his release from prison, Mascarenas will be subject to 5 years of supervised release.
According to the plea agreement and other court records, over a two-week period from April 17, 2022, to May 4, 2022, Mascarenas assaulted the victim, identified as Jane Doe, and held her against her will at a residence in Taos Pueblo. In his plea, Mascarenas admitted that he would not allow Doe to leave, contact her family, or report the assaults because he did not want anyone to know how severely he had hurt her. Mascarenas locked Doe within the residence, hid the keys to the vehicles, and kept the gate to the property locked. On May 4, Doe’s brother contacted Taos Police and requested a welfare check, leading police to discover the ongoing kidnapping and assault. As a result of the assault, Doe suffered numerous serious injuries, including a stroke. Despite her injuries, Doe’s prognosis for recovery is good and she is residing with family.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office and the Taos Pueblo Department of Public Safety investigated this case. Assistant United States Attorney Alexander F. Flores is prosecuting the case.
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23-83
San Felipe Man Sentenced for Abusive Sexual Contact 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 Robert Chavarillo was sentenced to 190 days of incarceration. Chavarillo, 43, of San Felipe Pueblo, and an enrolled member of the San Felipe Pueblo, pleaded guilty on Dec. 12, 2022, to abusive sexual contact in Indian Country. Chavarillo will be subject to 5 years of supervised release and must register as a sex offender.
According to the plea agreement, Chavarillo engaged in sexual conduct with the victim, identified as Jane Doe, while she was heavily intoxicated and sleeping. Chavarillo knew that he did not have permission to engage in sexual conduct with Doe at the time. The incidents took place within San Felipe Pueblo.
The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Nicholas J. Marshall and Caitlin Dillon prosecuted the case.
Las Cruces Man Sentenced to 25 Years for Production of Child PornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced today that Sean Patrick Fosler was sentenced to 25 years in prison. Fosler, 30, of Las Cruces, New Mexico, pleaded guilty on April 28, 2022 to production of child pornography. Upon his release from prison, Fosler will be subject to 5 years of supervised release and must register as a sex offender.
According to the plea agreement and other court records, on Dec. 2, 2021, a confidential source notified HSI that Fosler had live-streamed an incident of sexually explicit conduct with a then eight-year-old child through Snapchat. During the investigation, HSI agents located two Snapchat accounts belonging to Fosler, each containing numerous images of child pornography produced by Fosler with the victim starting as early as when she was six or seven years old. Fosler told the victim to not tell anyone because otherwise he would go to jail.
“HSI special agents remain committed to work tirelessly to protect innocent children victimized by those who engage in such heinous and perverse actions,” said Francisco B. Burrola, Special Agent in Charge for HSI El Paso. “This case was a great example of multiple agencies in our region collaborating to bring justice for a minor victim, and we will stop at nothing to put an end to child victimization.”
"Those who use minors for their own sexual gratification are selfish and cowardly,” said U.S. Attorney Alexander Uballez. “Those who then capture and share those darkest moments of a child-victim’s life infinitely compound the harm. I’m proud to partner with Homeland Security Investigations, New Mexico State Police, and the El Paso Police Department to support healing and closure for the victim and their loved ones.”
Homeland Security Investigations (HSI) investigated this case with assistance from the New Mexico State Police and the El Paso Police Department. Assistant United States Attorneys Marisa A. Ong and R. Eliot Neal are 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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23-82
Pinedale 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 Sheldon Livingston pleaded guilty to abusive sexual contact of a child under 12 in Indian Country. Livingston, 23, of Pinedale, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, during December 2020, Livingston engaged in a sexual act with a child who had not attained the age of 12. The assault took place in McKinley County, New Mexico, on the Navajo Nation.
Under the terms of his agreement, Livingston can be sentenced to between 10 and 20 years in prison and must register as a sex offender upon his release from prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Zachary C. Jones is prosecuting the case.
Laguna Man Charged with Kidnapping, Assault 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 Bret Anthony Vallo was arraigned on an indictment charging him with kidnapping, assault of an intimate partner by strangling, and assault with a dangerous weapon. Vallo, 31, of Laguna, and a member of the Laguna Pueblo Tribal, will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Vallo on June 15, 2022. According to the indictment and other court records, on March 21, 2019, kidnapped his intimate partner, identified as Jane Doe, by unlawfully confining her. On May 30, 2019, Vallo assaulted Doe by strangling and suffocating her, then, between July 1 and July 15, 2019, Vallo assault Doe with a dangerous weapon, specifically, a metal bar, with the intent to cause her bodily harm.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Vallo faces 151 months in prison.
The Bureau of Indian Affairs investigated this case with assistance from the Pueblo of Acoma Police Department. Assistant United States Attorney Robert James Booth II is prosecuting the case.
Shiprock woman pleads guilty to involuntary manslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Evelyn Bustamante pleaded guilty to involuntary manslaughter. Bustamante, 59, of Sanostee, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, on July 1, 2021, Bustamante lost control of the vehicle she was driving, causing it to crash and ejecting both Bustamante and her two children from the vehicle. Neither of the children were seat belted or in car-seats. One of the children died from their injuries. The second suffered a skull fracture and subdural hemorrhaging but recovered. Tests showed that Upshaw’s blood alcohol concentration was .18 at the time of the accident, which is more than twice the legal limit in New Mexico. The crash occurred near Hogback, New Mexico. Bustamante admitted to drinking alcohol that morning. During a routine toxicological examination, doctors determined that she had methamphetamine and amphetamine in her system.
Under the terms of the agreement, Bustamante can be sentenced between 5 and 8 years in prison followed by up to 3 years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and New Mexico State Police. Assistant United States Attorney Matthew McGinley is prosecuting the case.
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Shiprock woman pleads guilty to involuntary manslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Evelyn Bustamante pleaded guilty to involuntary manslaughter. Bustamante, 59, of Sanostee, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, on July 1, 2021, Bustamante lost control of the vehicle she was driving, causing it to crash and ejecting both Bustamante and her two children from the vehicle. Neither of the children were seat belted or in car-seats. One of the children died from their injuries. The second suffered a skull fracture and subdural hemorrhaging but recovered. The crash occurred near Hogback, New Mexico. Bustamante admitted to drinking alcohol that morning. During a routine toxicological examination, doctors determined that she had methamphetamine and amphetamine in her system.
Under the terms of the agreement, Bustamante can be sentenced between 5 and 8 years in prison followed by up to 3 years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and New Mexico State Police. Assistant United States Attorney Matthew McGinley is prosecuting the case.
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23-77
Crownpoint man pleads guilty to firearm offensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Derrick Cook pleaded guilty to assault with a dangerous weapon and using and carrying a firearm during and in relation to a crime of violence. Cook, 28, of Crownpoint, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody which has not been scheduled.
According to the plea agreement, on Aug. 27, 2022, Cook got in an argument with some individuals outside the Crownpoint Trading convenience store. Later that evening, two individuals confronted Cook at his home. A fight began and Cook intentionally shot two of the individuals, identified as John Doe 1 and John Doe 2. Doe 1 suffered serious injury to his abdomen, requiring a long hospital stay and surgical repair, while Doe 2 was shot in the arm. The incident occurred on the Navajo Nation.
Under the terms of the agreement, Cook can be sentenced to up to 12 years in prison followed by up to 5 years of supervised release.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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23-76
Artistas Asesinos Cartel leader sentenced to 27 years for drug traffickingRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, and Gregory M. Millard, Special Agent in Charge for the DEA El Paso Division, announced today that Jorge Marquez was sentenced to over 27 years in prison. Marquez, 43, of Chaparral, New Mexico, pleaded guilty on May 17, 2022, to one count of conspiracy to distribute methamphetamine, one count of distributing 5 grams or more of methamphetamine, and six counts of distributing 50 grams and more of methamphetamine. On April 4, 2023, Marquez was sentenced to 327 months in prison. Upon his release from prison, Marquez will be subject to 5 years of supervised release.
The case against Marquez was part of a five-year investigation into a transnational criminal organization known as the Artistas Asesinos, or Doble A Cartel, which dually operates as a drug trafficking organization and the enforcement arm of the Sinaloa Cartel in Ciudad Juarez, Mexico, and Southern New Mexico. Between 2017 and 2021, Marquez personally delivered, attempted to deliver, or directed others to deliver more than three pounds of methamphetamine to undercover law enforcement agents. In so doing, Marquez recruited couriers and distributors in the United States to include his codefendants in the case – Samantha Bailon, Vanessa Bailon, Jasmine Barradas, and Veronica Rivera – and coordinated the logistics of the Artistas Asesinos drug trafficking activity while in and out of custody in Mexico. Marquez was ultimately arrested on February 24, 2021, when he and a passenger presented in a vehicle at the United States Border Patrol checkpoint south of Alamogordo, New Mexico, and was found in possession of 105.1 grams of methamphetamine concealed in the dashboard of the vehicle.
“This is a fine example of how our agents in collaboration with our law enforcement partners work diligently to keep our community safe from dangerous drugs,” said Miguel Dominguez, Chief of Police for the Las Cruces Police Department. “It proves how critical our law enforcement partnerships are, we will continue to work together to hold drug trafficking organizations accountable for their actions.”
"Illegal drug activity brings danger to our communities—it will not be tolerated,” said Raul Bujanda, FBI Special Agent in Charge. “Collaborative law enforcement efforts will continue to identify and disrupt drug trafficking organizations bringing violence to our streets. Investigations like this prove the essential value of strong law enforcement partnerships and working together to meet a common goal.”
“This case demonstrates the lengths the Sinaloa Cartel will go to bring their poison into our communities,” said Greg Millard, Special Agent in Charge of the DEA’s El Paso Division. “But any person or organization affiliating themselves with Sinaloa will discover the men and women of the DEA will also go to great lengths to bring them to justice.”
“The Sinaloa Cartel uses gangs like Artistas Asesinos to push their drugs, collect their debts, and inflict their violence,” said U.S. Attorney Alexander M.M. Uballez. “Local, state, and federal law enforcement, working shoulder-to-shoulder, will proactively target and bring to justice groups who profit off of the addiction, suffering, and misery of others.”
The investigation of the Artistas Asesinos was led by the Las Cruces/Doña Ana County Metro Narcotics Agency. Metro Narcotics is the leading task force combating drug trafficking in Doña Ana County, New Mexico. Metro Narcotics operates as a joint agency composed of investigators from the Las Cruces Police Department, the Doña Ana County Sheriff's Office, and New Mexico State Police. Metro Narcotics was also supported in the investigation by agents from the Las Cruces Resident Agency of the FBI Albuquerque Field Office and the Drug Enforcement Administration’s Las Cruces District Office. Assistant United States Attorneys Selesia L. Winston and Matthew Ramirez are prosecuting the case.
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Prison escapee sentenced to 10 years for being a felon in possession of a firearm, a charge resulting from shooting of Farmington Police OfficerRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced today that Elias Buck was sentenced to the statutory maximum of 10 years in prison. Buck, 24, of Aztec, New Mexico, pleaded guilty on Dec. 8, 2022, to being a felon in possession of a firearm and ammunition.
According to the plea agreement and other court records, on Jan. 7, 2022, police officers in Farmington responded to a report that the male driver of a black Cadillac was possibly driving under the influence. An officer located the vehicle in the drive-thru line of a Starbucks and waited for it to exit. Once it did, the officer initiated their lights and sirens and attempted to stop the Cadillac, but the driver fled at a high rate of speed. Another officer located the Cadillac a short time later in the Carl’s Junior parking lot and learned from witnesses that two individuals fled from the vehicle on foot. A third officer who was nearby decided to check a large dirt lot in the area the witness had indicated that individuals fled. He parked his vehicle and walked towards an opening in the corner of the lot, where he observed two individuals walking towards him. The officer contacted the individuals and recognized Buck from the escape flyer circulated after Buck escaped from a Durango jail the week prior despite his attempt to disguise himself by wearing a wig. The officer asked Buck and the other individual to sit down, at which time Buck pulled a pistol from his pocket, pointed it towards the officer’s face, and pulled the trigger.
The firearm’s muzzle was approximately one foot from the officer’s face when Buck pulled the trigger. The officer raised his arm to shield his face and the bullet passed through his arm. Buck shot him a second time in the elbow. The officer retreated to put some space between him and Buck and heard Buck fire two more rounds at him before fleeing. Since the shooting, the officer has returned work, however he has not regained full range of motion in his arm.
Buck was arrested on Jan. 14, 2022, in Phoenix, Arizona after he was recognized by a security guard at a local convenience store.
During sentencing proceedings, Farmington Police Chief Steve Hebbe addressed the Court, saying “…the long-term impact of this event was significant, and not just [to the] Farmington PD, but to the City of Farmington and to the entire San Juan County. It's a remote county, pretty close-knit. We had not had an officer shot in the line of duty in over 30 years, and that means every officer on my agency had never lived through an officer-involved shooting, had never experienced it. It was -- It was a shocking event for our agency.”
Chief Hebbe continued by addressing Judge Kea W. Riggs directly, saying “. . . today is singular for you in that you have a chance to say, as a federal judge, the pinnacle of the criminal justice system, to say in no uncertain terms that assaults on our criminal justice system, assaults on our police officers is absolutely not tolerable; that whatever the vitriol, whatever the second-guessing, whatever the climate has been over the last few years, that does not excuse, it does not belittle, it does not minimize the impact of a crime like this.”
At the time of sentencing, United States District Court Judge Kea W. Riggs addressed Buck, saying “You do not have the right to change anyone else's life or alter -- you altered this man's life for the rest of his life. You altered his family's life. It is a ripple effect. It's a ripple effect through his family, on the Department, and through that community . . . I'm thankful that our officer is alive and able to continue to work, but you're lucky that you're alive and here, and you need to think about that.”
“We owe a special debt of gratitude to those who put their lives on the line to keep our communities safe,” said U.S. Attorney Alexander M.M. Uballez. “Just as federal, state, and local law enforcement officers walk our streets daily to protect us from harm, we will relentlessly seek justice when harm comes to them.”
“There is no place in our society for those who use firearms for violent, criminal purposes,” said Brendan Iber, Special Agent in Charge of ATF’s Phoenix Field Division. “ATF will continue to work with our law enforcement partners at the federal, state, and local levels to bring those individuals to justice.”
At the time of the offense, Buck had a prior conviction for attempted possession of dangerous drugs for sale. As a convicted felon, Buck could not legally possess a firearm or ammunition.
Upon his release from prison, Buck will be subject to three years of supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Farmington Police Department and San Juan County Sheriff’s Office. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.
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Malcolm Torres 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 FBI Albuquerque Field Office, announced today that Malcom Torres pleaded guilty to second degree murder. Torres, 29, of Española, New Mexico, will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, on Sept. 7, 2019, Torres was home with his five-year-old stepdaughter, identified as Jane Doe, and eighteen-month-old son. Torres was heavily intoxicated and not fit to supervise the children. While in Torres’ care, Jane Doe sustained blunt-force trauma to her head, torso, and extremities. Torres became aware of Jane Doe’s injuries while she was still alive but failed to seek or provide necessary medical care. Torres claims he was too drunk to remember how he injured Jane Doe.
On the afternoon of Sept. 8, 2019, Jane Doe’s grandparents returned to the home and were informed by Torres that Jane Doe had been missing since that morning. Jane Doe’s grandmother immediately alerted Doe’s mother, who contacted law enforcement.
On Sept. 11, 2019, law enforcement located Jane Doe’s body in the Rio Grande River on the Santa Clara Pueblo. The resulting investigation revealed that Torres had driven to the area 5.5 miles from his home and left her body there on Sept. 8. Over the course of interviews with the Rio Arriba County Sheriff’s Office and the New Mexico State Police, Torres provided law enforcement with numerous conflicting statements, delaying the recovery of her body, and lengthening the wide-spread and vigorous efforts of law enforcement and the Santa Clara Pueblo community to locate her.
"This conviction demonstrates the continuing commitment of federal, state, local and tribal law enforcement officials to work together to combat violent crime on Native American tribal lands,” said Raul Bujanda, FBI Special Agent in Charge. “The senseless murder of a 5-year-old child is a tragic occurrence, and I’m glad the collaborative effort put forth by all involved agencies has resulted in this conviction. The murder allegation in this complaint reveal an indifference to human life that will not be tolerated."
“As a crimes against children prosecutor myself, and a father of three, the loss of young life strikes at my core,” said U.S. Attorney Alexander M.M. Uballez. “I mourn with you. While a guilty plea does not bring back the life that was taken, we hope it brings closure to Jane Doe’s family and confidence that justice will find those who harm the most vulnerable.”
Torres faces a minimum of 30 years and up to life in prison. Upon his release from prison, Torres will be subject to five years of supervised release.
The Santa Fe Resident Agency of the FBI investigated this case with assistance from the Espanola Police Department, Santa Clara Pueblo Tribal Police Department, Rio Arriba County Sheriff’s Office, New Mexico State Police, Bureau of Indian Affairs, Albuquerque Police Department Open Space Search and Rescue Team, Espanola Fire Department and Ohkay Owingeh Pueblo Tribal Police Department. Assistant United States Attorney Jack Burkhead, Brittany DuChaussee and Zachary Jones are prosecuting the case.
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Alamogordo firefighter pleads guilty to production of child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jason Ross-Lattion Fleming pled guilty to production of a visual depiction of a minor engaging in sexually explicit conduct and providing child pornography to a minor. Fleming 36, of Piñon, New Mexico will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, from Feb. 2021 until Dec. 2013, Fleming persuaded a minor to engage in sexually explicit conduct for the purpose of producing an image of that conduct with his cellphone. Beginning in January 2021 and continuing until March 2021, Fleming engaged in sexual contact with a nine-year-old he was babysitting. Fleming exposed himself to the child and provided her access to pornographic videos on his cellphone, including child pornography. Fleming offered the child Reese’s candy to entice her to engage in sexual acts.
On Dec. 9, 2021, New Mexico State Police (NMSP) executed a search warrant and seized two cellphones from Fleming. On April 18, Homeland Security Investigations (HSI) obtained and executed a federal warrant to search the contents of Fleming’s phones. Investigators found child pornography on Fleming’s personal cellphone.
Fleming was a firefighter in Alamogordo, New Mexico, at the time of the offenses. The City of Alamogordo has terminated his employment.
Fleming faces a minimum of five years and up to 20 years in prison for providing child pornography to a minor, and up to 30 years in prison for the production of a visual depiction of a minor engaging in sexually explicit conduct. Upon his release from prison, Fleming will be subject to at least five years of supervised release and must register as a sex offender.
HSI investigated this case with assistance from NMSP, the Las Cruces Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant United States Attorney Marisa A. Ong and Matilda McCarthy Villalobos are 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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23-71
Alamogordo firefighter pleads guilty to production of child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jason Ross-Lattion Fleming pled guilty to production of a visual depiction of a minor engaging in sexually explicit conduct and providing child pornography to a minor. Fleming 36, of Piñon, New Mexico will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, from Feb. 2021 until Dec. 2013, Fleming persuaded a minor to engage in sexually explicit conduct for the purpose of producing an image of that conduct with his cellphone. Beginning in January 2021 and continuing until March 2021, Fleming engaged in sexual contact with a nine-year-old he was babysitting. Fleming exposed himself to the child and provided her access to pornographic videos on his cellphone, including child pornography. Fleming offered the child Reese’s candy to entice her to engage in sexual acts.
On Dec. 9, 2021, New Mexico State Police (NMSP) executed a search warrant and seized two cellphones from Fleming. On April 18, Homeland Security Investigations (HSI) obtained and executed a federal warrant to search the contents of Fleming’s phones. Investigators found child pornography on Fleming’s personal cellphone.
Fleming was a firefighter in Alamogordo, New Mexico, at the time of the offenses. The City of Alamogordo has terminated his employment.
Fleming faces a minimum of five years and up to 20 years in prison for providing child pornography to a minor, and up to 30 years in prison for the production of a visual depiction of a minor engaging in sexually explicit conduct. Upon his release from prison, Fleming will be subject to at least five years of supervised release and must register as a sex offender.
HSI investigated this case with assistance from NMSP, the Las Cruces Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant United States Attorney Marisa A. Ong and Matilda McCarthy Villalobos are 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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23-71
Alamogordo firefighter pleads guilty to production of child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jason Ross-Lattion Fleming pled guilty to production of a visual depiction of a minor engaging in sexually explicit conduct and providing child pornography to a minor. Fleming, 36, of Piñon, New Mexico will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, from Feb. 2021 until Dec. 2013, Fleming persuaded a minor to engage in sexually explicit conduct for the purpose of producing an image of that conduct with his cellphone. Beginning in January 2021 and continuing until March 2021, Fleming engaged in sexual contact with a nine-year-old he was babysitting. Fleming exposed himself to the child and provided her access to pornographic videos on his cellphone, including child pornography. Fleming offered the child Reese’s candy to entice her to engage in sexual acts.
On Dec. 9, 2021, New Mexico State Police (NMSP) executed a search warrant and seized two cellphones from Fleming. On April 18, Homeland Security Investigations (HSI) obtained and executed a federal warrant to search the contents of Fleming’s phones. Investigators found child pornography on Fleming’s personal cellphone.
Fleming was a firefighter in Alamogordo, New Mexico, at the time of the offenses. The City of Alamogordo has terminated his employment.
Fleming faces a minimum of five years and up to 20 years in prison for providing child pornography to a minor, and up to 30 years in prison for the production of a visual depiction of a minor engaging in sexually explicit conduct. Upon his release from prison, Fleming will be subject to at least five years of supervised release and must register as a sex offender.
HSI investigated this case with assistance from NMSP, the Las Cruces Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant United States Attorney Marisa A. Ong and Matilda McCarthy Villalobos are 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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23-71
Alamogordo firefighter pleads guilty to production of child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jason Ross-Lattion Fleming pled guilty to production of a visual depiction of a minor engaging in sexually explicit conduct and providing child pornography to a minor. Fleming, 36, of Piñon, New Mexico, will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, from Feb. 2021 until Dec. 2013, Fleming persuaded a minor to engage in sexually explicit conduct for the purpose of producing an image of that conduct with his cellphone. Beginning in January 2021 and continuing until March 2021, Fleming engaged in sexual contact with a nine-year-old he was babysitting. Fleming exposed himself to the child and provided her access to pornographic videos on his cellphone, including child pornography. Fleming offered the child Reese’s candy to entice her to engage in sexual acts.
On Dec. 9, 2021, New Mexico State Police (NMSP) executed a search warrant and seized two cellphones from Fleming. On April 18, Homeland Security Investigations (HSI) obtained and executed a federal warrant to search the contents of Fleming’s phones. Investigators found child pornography on Fleming’s personal cellphone.
Fleming was a firefighter in Alamogordo, New Mexico, at the time of the offenses. The City of Alamogordo has terminated his employment.
Fleming faces a minimum of five years and up to 20 years in prison for providing child pornography to a minor, and up to 30 years in prison for the production of a visual depiction of a minor engaging in sexually explicit conduct. Upon his release from prison, Fleming will be subject to at least five years of supervised release and must register as a sex offender.
HSI investigated this case with assistance from NMSP, the Las Cruces Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant United States Attorney Marisa A. Ong and Matilda McCarthy Villalobos are 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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23-71
- Shiprock man pleads guilty to involuntary manslaughter
Arizona man pleads guilty to travel with intent to engage in illicit sexual conductRead 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 Jonathan John James pleaded guilty to travel with intent to engage in illicit sexual conduct. James, 58, of Tsaile, Arizona, will remain on conditions of release pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, on April 20, 2022, James followed a child as she shopped with a grandparent at a Home Depot in Gallup, New Mexico. James approached the minor, told her she was attractive and gave her his telephone number, written on a wet wipe package, in hopes they would communicate. On April 27, James received a text message from a person he believed to be the minor he had contacted and began exchanging sexually explicit messages with them. On May 5, James traveled from Arizona to a park in Gallup to meet the victim. He was detained by the FBI upon arrival.
Under the terms of his agreement, James can be sentenced to up to 30 years in prison and must register as a sex offender upon his release from prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the FBI Child Exploitation Human Trafficking Task Force. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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