District of New Mexico
Press releases recorded for this federal judicial district.
Two New Mexico men sentenced for Rio Arriba drug trafficking, money laundering conspiracyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that José Mendoza and Ryan Rodriguez were sentenced for their parts in a drug trafficking and money laundering conspiracy.
A grand jury indicted the defendants on Feb. 25, 2020. According to their plea agreements and other court records, from June 22, 2018, through Feb. 25, 2020, José Mendoza, 34, of Medanales, New Mexico, and his wife, Natalie Mendoza, 37, conspired with others to distribute cocaine in Rio Arriba County, New Mexico. Rodriguez, 29, of Chamita, New Mexico, would obtain cocaine from José Mendoza, convert it to cocaine base, then sell it to others in the Española Valley. From Oct. 7, 2019, to Jan. 8, 2020, Rodriguez sold and arranged to sell cocaine and cocaine base to an undercover agent.
Natalie Mendoza kept records of drug sales and collected proceeds from drug transactions. Natalie and José Mendoza deposited the proceeds from illegal drug transactions into checking, savings, and loan accounts at various financial institutions to conceal the source of the money. Deposits were often split to avoid amounts that would trigger reporting requirements. The couple also made large payments towards loans or mortgages, including loans for vehicles purchased under other names. José Mendoza admitted to using false income statements to qualify for loans.
José and Natalie Mendoza pleaded guilty to conspiracy to distribute cocaine and conspiracy to commit money laundering. On June 7, José Mendoza was sentenced to 10 years and four months in prison followed by four years of supervised release. Sentencing for Natalie Mendoza has been continued to a date to be determined.
Rodriguez pleaded guilty to one count of conspiracy to distribute cocaine, five counts of using a telephone to facilitate drug trafficking offenses, one count of distributing cocaine base, four counts of distribution of 28 grams and more of cocaine base, and one count of possession with intent to distribute 280 grams and more of cocaine base. Rodriguez was sentenced on June 10 to four years in prison followed by three years of supervised release.
In addition to their prison terms, the co-defendants in the case also forfeited numerous vehicles, multiple firearms and $24,893.69 in U.S. currency.
Homeland Security Investigations (HSI) and the Drug Enforcement Administration’s Albuquerque District Office investigated this case with assistance from the High Intensity Drug Trafficking Area (HIDTA) Region III Narcotics Task Force, which includes members of the Bureau of Indian Affairs, New Mexico State Police, Santa Fe Police Department, Santa Fe County Sheriff’s Office and the Taos Police Department. Assistant United States Attorneys Matthew Nelson, Peter Eicker and Steve Kotz prosecuted the case.
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Sanostee 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, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Tyrone Atcitty Nez was charged by criminal complaint with second degree murder in Indian Country. Nez, 33, of Sanostee, New Mexico, and an enrolled member of the Navajo Nation, made an initial appearance in federal court today and will remain in custody pending a preliminary and detention hearing scheduled for June 15.
According to the complaint, on June 8, Nez allegedly fatally assaulted a man, identified as John Doe, in the home where Nez resides near Sanostee on the Navajo Nation. Nez allegedly punched John Doe in the face, rendering John Doe unconscious. Nez then allegedly stomped the victim in the face several times.
Neighbors called 911. Emergency Medical Services were unable to revive John Doe, and Navajo Police arrested Nez.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Nez faces up to life 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 Brittany DuChaussee is prosecuting the case.
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Los Lunas man sentenced to 10 years for drug trafficking and firearms violationsRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Esteban Renteria III was sentenced on May 31 to 10 years in prison. Renteria, 26, of Los Lunas, New Mexico, pleaded guilty on July 26, 2021, to possession with the intent to distribute 40 grams and more of fentanyl and possession of a firearm in furtherance of a drug trafficking crime.
According to the plea agreement and other court records, on Dec. 31, 2020, a New Mexico State Police Officer observed Renteria driving 102 miles per hour on Interstate 40 in Cibola County, New Mexico, and initiated a traffic stop. Upon learning that Renteria had two active arrest warrants, the officer arrested Renteria and performed an inventory of items in Renteria’s vehicle. During the inventory, the officer found a backpack containing $12,012 in cash and a loaded handgun. After obtaining a search warrant, investigators found 184 grams of fentanyl.
In his plea agreement, Renteria admitted that he intended to sell the fentanyl, that the cash was obtained by selling drugs, and that he possessed the firearm to protect his drug business.
Upon his release from prison, Renteria will be subject to five years of supervised release.
Homeland Security Investigations and the New Mexico State Police investigated this case with assistance from the Cibola County Sheriff’s Office. Assistant United States Attorney Mark Pfizenmayer prosecuted the case.
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Albuquerque man sentenced to 20 years in prison for 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, announced that Eddie Gomez, 30, of Albuquerque, was sentenced today to 20 years in prison for two counts of aggravated sexual abuse in Indian Country. Gomez pleaded guilty on Feb. 28, 2022.
According to the plea agreement, between May 28, 20212, and May 27, 2014, Gomez sexually abused Jane Doe 1 in her home on the Jicarilla Apache Reservation. Gomez also admitted to sexually abusing Jane Doe 2 on Nov. 25, 2016, in her parents’ home on the Jicarilla Apache Reservation. Both victims are enrolled members of the Jicarilla Apache Nation and were less than 16 years old at the time of the abuse.
Upon his release from prison, Gomez will be subject to 10 years of supervised release and must register as a sex offender.
The FBI Albuquerque Field Office investigated this case with assistance from Jicarilla Apache Police Department. Assistant U.S. Attorney Joseph Spindle 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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Columbus man convicted for drug traffickingRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that a federal jury returned a guilty verdict on Sergio Ruiz, 57, of Columbus, New Mexico, on June 8. The jury convicted Ruiz on one count each of conspiracy to distribute 500 grams and more of a mixture and substance containing methamphetamine, possession with intent to distribute 500 grams and more of a mixture and substance containing methamphetamine, and importation of 500 grams and more of a mixture and substance containing methamphetamine into the United States. Ruiz will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Ruiz on March 23. According to the indictment and other court records, on April 28, 2021, Ruiz attempted to cross into the United States at the Columbus Port of Entry, coming from Palomas, Chihuahua, Mexico. Ruiz, a regular crosser at Columbus, was carrying a large amount of cinder blocks and two 55-gallon drums, and was directed to the secondary inspection area. A scan revealed an anomaly in the spare tire, prompting inspection by a U.S. Customs and Border Protection (CBP) canine unit that resulted in a positive alert.
CBP officers removed and inspected the spare tire. Inside the tire, inspectors found five packages containing a substance that tested positive for methamphetamine. The total weight of the five packages was 20.8 kilograms (45.76 pounds).
Ruiz faces a minimum of 10 years and up to life in prison.
Homeland Security Investigations (HSI) and CBP investigated this case. Assistant United States Attorneys Joni Autrey Stahl and Randy M. Castellano are prosecuting the case.
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Former New Mexico State Police officer sentenced to seven years in prison for distribution of marijuana, methamphetamineRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Daniel Capehart was sentenced on June 7 to seven years in prison. A federal jury convicted Capehart, 37, of Bloomfield, New Mexico, on July 22, 2021, of three counts of distribution of marijuana and methamphetamine, two of which occurred within 1,000 feet of a school or playground in San Juan County, New Mexico.
According to court records, on three occasions, Capehart, who at the time was a patrol officer with the New Mexico State Police, provided illegal drugs to people he had encountered during his duties as an officer. In all three instances, undercover officers were investigating Capehart’s conduct. On June 21, 2018, and again on June 23, 2018, Capehart delivered marijuana that he thought would be received by a 16-year-old girl he met during a traffic stop. On June 28, 2018, Capehart executed a plan to conduct a traffic stop, confiscate methamphetamine from the driver, and provide the methamphetamine to a woman he had met through is duties as a police officer. The driver, however, was an undercover officer. On June 29, 2018, Capehart drove to a local park and delivered more than five grams of methamphetamine. Capehart was arrested later that day.
Upon his release from prison, Capehart will be subject to eight years of supervised release.
The FBI, the San Juan County Sheriff’s Office and the High Intensity Drug Trafficking Areas (HIDTA) Region II Narcotics Task Force investigated this case. The HIDTA Region II Narcotics Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the HIDTA program created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
The U.S. Attorney’s Office for the District of New Mexico prosecuted the case as part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Albuquerque man pleads guilty in the murder of a U.S. letter carrierRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Melisa Llosa, Inspector in Charge of the Phoenix Division of the U.S. Postal Inspection Service (USPIS), announced today that Xavier Zamora pleaded guilty to second degree murder of an employee of the United States and using a firearm during a crime of violence resulting in death. Zamora, 20, of Albuquerque will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, on April 22, 2019, Jose Hernandez, a United States Postal Carrier, was delivering mail to a community mailbox outside Zamora’s home on Terracotta Place Southwest in Albuquerque. Hernandez observed Zamora strike Zamora’s mother during an argument and attempted to intervene. Zamora became angry and retrieved a handgun from his house. Zamora went back outside, confronted Hernandez, and fatally shot Hernandez in the stomach. Zamora fled the scene and disposed of the weapon.
“José Hernandez died protecting a stranger from violence. His selfless courage in the course of his duties embodies the highest ideals of the Postal Service—to bind the nation together,” said U.S. Attorney Uballez. “We cannot replace the husband, the father, the friend who was taken in this act of violence, but today’s plea represents a significant step toward justice. The United States will continue to hold accountable those who plague our communities with senseless gun violence, and to protect the federal employees who serve our nation.”
“USPS Letter Carrier Jose Hernandez was a veteran who cared about the community he served, choosing to intervene when he believed his customer was in danger,” stated Inspector in Charge Melisa Llosa. “Our thoughts remain with the Hernandez family, friends, and co-workers who continue to process this senseless crime. Investigations of Zamora and others who commit heinous crimes against USPS employees will always be the highest priority of U.S. Postal Inspectors. We are grateful to the U.S. Attorney’s Office and our local, state, and federal law enforcement partners for their support during this investigation.”
By the terms of the plea agreement, Zamora faces 22 years in prison.
USPIS investigated this case with assistance from the FBI Albuquerque Field Office, Albuquerque Police Department and New Mexico State Police. Assistant United States Attorneys Niki Tapia-Brito and Eva M. Fontanez are prosecuting the case.
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Ramah Navajo man charged with 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 Tony Jake, Jr., was charged in a criminal complaint with abusive sexual contact with a minor. Jake, 74, of Ramah, New Mexico, and an enrolled member of the Ramah Navajo Nation, made an initial appearance in federal court on June 3 and will remain in custody pending a preliminary and detention hearing scheduled for June 7.
According to the complaint, on May 28, Jake allegedly engaged in sexual contact with a seven-year-old victim during a service at the Yahweh Church in Ramah. The alleged offense took place on the Ramah Navajo Reservation, and the victim is an enrolled member of the Ramah Navajo Nation.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Jake faces up to life in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Ramah Navajo Police Department. Special Assistant United States Attorney Chelsea N. Van Deventer 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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Arizona man indicted for aggravated sexual abuse of a childRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Wade Platero was arraigned on an indictment charging him with aggravated sexual abuse of a child in Indian Country. Platero, 26, of Red Valley, Arizona, and an enrolled member of the Navajo Nation, will be released to a halfway house once space is available and will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Platero on May 10. According to the indictment and other court records, on Dec. 28, 2021, Platero allegedly used force to engage in a sexual act with a child, identified as Jane Doe. The alleged assault occurred in Shiprock, New Mexico, on the Navajo Nation.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Platero faces a minimum of 30 years and up to life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant United States Attorney Alexander F. Flores is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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Navajo man indicted for sexual abuse of a minorRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Leonard Lewis was arraigned on an indictment charging him with sexual abuse of a minor in Indian Country. Lewis, 65, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending space at a halfway house, after which he will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Lewis on May 25. According to the indictment, between March 1, 2021, and April 30, 2021, Lewis allegedly sexually abused a child, identified as Jane Doe. The alleged abuse occurred on the Navajo Nation in San Juan County, New Mexico.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Lewis faces up to 15 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigation and Navajo Police Department. Special Assistant United States Attorney Chelsea N. Van Deventer 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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Lovington man sentenced to 15 years in prison for attempted murder and firearms violationsRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jose Angel Baeza was sentenced on June 2 to 15 years in prison. Baeza, 39, of Lovington, New Mexico, pleaded guilty on Sept. 17, 2021, to attempted murder of a federal officer, being a felon in possession of a firearm and ammunition, and using a firearm during a crime of violence.
According to the plea agreement and other court records, on Oct. 1, 2020, officers from the Hobbs Police Department (HPD) responded to a report of a man going room to room at the Econolodge Hotel on Marland Street while brandishing a firearm. During the investigation, Baeza fired rounds in the direction of the officers, and the HPD Special Weapons and Tactics Team (SWAT) was activated.
Baeza then fired his weapon at the SWAT team, which included a federal task force officer. In his plea agreement, Baeza admitted that he was trying to kill the officers.
At the time of the incident, Baeza previously had been convicted of attempted armed robbery, robbery and unlawful possession of a firearm by a felon. As a convicted felon, Baeza cannot legally possess a firearm or ammunition.
Upon his release from prison, Baeza will be subject to three years of supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hobbs Police Department investigated this case. Assistant United States Attorney Maria Y. Armijo prosecuted the case.
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Jicarilla Apache man charged with kidnapping 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 Kevin El Cavazone has been charged by criminal complaint with kidnapping and assault of an intimate partner by strangling. Cavazone, 39, of Mescalero, New Mexico, and an enrolled member of the Jicarilla Apache Tribe, made an initial appearance in federal court on June 2 and will remain in custody pending a preliminary and detention hearing scheduled for June 7.
According to the complaint, from May 5 to May 11, Cavazone allegedly confined his ex-girlfriend within his home on the Mescalero Apache Reservation. To keep her confined, Cavazone allegedly threatened the victim, who is an enrolled member of the Mescalero Apache Tribe, and threatened to harm her family and others if she tried to leave. During this period of confinement, Cavazone allegedly assaulted the victim and strangled her until she could no longer breathe.
The victim was able to escape on May 11 and got a ride from a passing car to the Bureau of Indian Affairs Police Station a few miles away. She was taken to an emergency room for treatment for her injuries.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Cavazone faces up to 10 years in prison for assault of an intimate partner by strangling and up to life in prison for kidnapping.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorneys Matilda McCarthy Villalobos and Eliot Neal are prosecuting the case.
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Roswell man sentenced to 110 years in prison for child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Dain Justin Adams was sentenced on June 1 to 110 years in prison. After a five-day trial, a federal jury convicted Adams, 41, of Roswell, New Mexico, on Jan. 28, 2020, of possession of child pornography, conspiracy to produce child pornography, receipt of child pornography and two counts of distribution of child pornography.
Adams was charged on Dec. 17, 2019, in a superseding indictment. According to the indictment and other court records, on June 27, 2018, law enforcement officers executed a search warrant at Adams’ residence in Roswell. Adams was not home, but investigators seized multiple electronic devices. Jade Tiffany Laurezo, 38, was present in the residence when the search warrant was executed. A review of their cell phones revealed conversations between Adams and Laurezo through the Viber app, which they also used to exchange child pornography. During those conversations, they discussed their sexual interest in children and Adams discussed his desire to sexually abuse children.
The jury found that Adams possessed and had access to images and videos of children engaged in sexual conduct, that he conspired with others to entice and coerce children to engage in sexual conduct to produce child pornography, that he knowingly received child pornography, and that he distributed child pornography to others.
Upon his release from prison, Adams will be subject to 10 years of supervised release and must register as a sex offender.
Laurezo pleaded guilty on Oct. 31, 2019, to production of a visual depiction of a minor engaging in sexually explicit conduct. A sentencing hearing for Laurezo is scheduled for June 16. By the terms of the plea agreement, Laurezo faces 15 to 20 years in prison.
The Roswell Resident Agency of the FBI Albuquerque Field Office, the New Mexico Office of the Attorney General and the Chavez County Sheriff’s Department investigated this case with assistance from the National Center for Missing and Exploited Children (NCMEC). Assistant United States Attorney Marisa A. Ong prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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Shiprock man arraigned for assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Raydell Billy, 31, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, was arraigned in federal court today on a two-count indictment charging him with conspiracy to commit assault with a dangerous weapon and assault with a dangerous weapon with the intent to do bodily harm. Billy will remain in custody pending trial, which has not been scheduled.
A grand jury indicted Raydell Billy and co-defendants Raynorma Billy and Alvin White on May 24. According to the indictment and other court records, on April 11, Raynorma allegedly drove Raydell and White to a residence at South Side Non-profit Housing in Shiprock with the intent to assault a victim, identified as John Doe. After they entered the residence, Raynorma allegedly prevented the other occupants of the residence from intervening while Raydell and White assaulted John Doe. The indictment alleges that White threatened John Doe with a machete and both Raydell and White allegedly beat John Doe with their fists.
The alleged assault occurred on the Navajo Nation.
White was arrested on April 24 and made an initial appearance in court on April 28. White appeared for a preliminary and detention hearing on May 2 and will remain in custody pending trial. White is scheduled for arraignment on May 31.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Raydell, Raynorma and White each face up to five years in prison for conspiracy and up to ten years in prison for assault with a dangerous weapon with the intent to do bodily harm.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Department of Criminal Investigations. Assistant United States Attorney Mark Pfizenmayer is prosecuting the case.
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Taos man appears in court facing charges arising from domestic violence in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Richard Mascarenas, 36, of Taos, New Mexico, and an enrolled member of the Pueblo of Taos, made an initial appearance in federal court on May 25 facing charges of kidnapping, aggravated sexual abuse, assault resulting in serious bodily injury, and strangulation of an intimate partner. Mascarenas will remain in custody pending a preliminary and detention hearing scheduled for May 27.
The alleged offenses occurred on the Taos Pueblo.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Mascarenas faces up to 10 years in prison for assault resulting in serious bodily injury and strangulation of an intimate partner and up to life in prison for kidnapping and aggravated sexual abuse.
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 Novaline D. Wilson is prosecuting the case.
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Navajo man pleads guilty to assault with a dangerous weapon in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Perfinna King, 42, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on May 25 in federal court to assault with a dangerous weapon in Indian Country. King will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, on Nov. 2, 2020, King, swerved into the lane of another vehicle. The other driver pulled over, believing it was a relative playing a joke on him. Instead, it was King, who began cursing and threatening him. When the other driver took a photo of King’s license plate, King attempted to hit the driver with his vehicle. King then shot out the rear driver’s side window and the rear window with an air pistol.
The incident occurred in San Juan County, New Mexico, on the Navajo Nation.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from Navajo Nation Police Department. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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Navajo man appears in court, charged with assault with a dangerous weaponRead the Press Release
ALBUQUERQUE, N.M. – Brandon Barber, 36, an enrolled member of the Navajo Nation, made an initial appearance in federal court on May 25 facing two counts of assault with a dangerous weapon. Barber will remain in custody pending a preliminary and detention hearing scheduled for May 27.
According to a criminal complaint, on the morning May 9, Barber arrived at the residence of a victim, identified in court records as John Doe, in Lower Fruitland, New Mexico. John Doe was in his vehicle cleaning glass from a passenger side window that Barber allegedly broke the previous day. Barber allegedly approached John Doe with a hatchet and a machete and attempted to attack John Doe through the broken window.
John Doe attempted to flee in his vehicle, but Barber reentered his vehicle and pursued John Doe. Barber allegedly rammed John Doe’s vehicle, causing the driver-side airbag to deploy into John Doe’s face. As John Doe attempted to leave the property he came to a locked gate, leading him to get out of his vehicle and flee on foot. John Doe tried to jump a barbed-wire fence, but his leg was caught, causing him to injure his ankle. John Doe had to hide in a nearby ditch until Barber left the property.
Later that afternoon, near Nenahnezad, New Mexico, Barber and an accomplice allegedly threw a rock through the windshield of a vehicle driven by a second victim, identified as Jane Doe. The glass from the windshield shattered in Jane Doe’s face. Barber allegedly began attacking the vehicle with the hatchet and machete as the accomplice tried to pull Jane Doe from the vehicle by her hair. Barber allegedly placed the sharp edge of the machete against the back of Jane Doe’s head as she was pulled from the vehicle. Barber allegedly attempted to strike Jane Doe with the hatchet, but Jane Doe was able to roll out of the way.
Barber and the accomplice entered the vehicle and drove a short distance away. Barber then steered the vehicle toward Jane Doe, who had to dive out of the path of the vehicle, which nearly struck her.
Both alleged offenses occurred on the Navajo Nation.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Barber faces up to 10 years in prison for each count.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant United States Attorney Mark C. Pfizenmayer is prosecuting the case.
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Hobbs man pleads guilty to child pornography chargesRead the Press Release
ALBUQUERQUE, N.M. – Matthew Lee Dale Taylor, 31, of Hobbs, New Mexico, pleaded guilty on May 25 in federal court to transportation of child pornography, possession of obscene visual representations of the sexual abuse of children, and a registered sex offender committing a felony offense involving a minor. Taylor will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, on July 14, 2021, the National Center for Missing and Exploited Children (NCMEC) received a report from Dropbox identifying videos depicting suspected child pornography. On that date, Taylor uploaded 51 videos containing child pornography to a Dropbox account he created using the email address [email protected]. In his plea, Taylor acknowledged that he knew the videos included children engaged in sexually explicit conduct.
On March 7, 2017, Taylor was convicted in Lovington District Court of possession of a visual medium of sexual exploitation of children and was required to register as a sex offender.
By the terms of the plea agreement, Taylor faces 25 to 30 years in prison followed by a lifetime of supervised release.
The Roswell Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the NCMEC and the Hobbs Police Department. Assistant United States Attorney Matilda McCarthy Villalobos is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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Carlsbad man sentenced to nine years in prison for drug traffickingRead the Press Release
ALBUQUERQUE, N.M. – Jermaine Ryan Alvarez, 38, of Carlsbad, New Mexico, was sentenced in federal court today to nine years in prison for one count of possession with intent to distribute more than 100 grams of a mixture and substance containing a detectable amount of heroin and one count of possession with intent to distribute 50 grams and more of a mixture and substance containing a detectable amount of methamphetamine. Alvarez pleaded guilty on June 28, 2021.
According to the plea agreement and other court records, on Oct. 19, 2020, law enforcement began investigating Alvarez based on information that he was selling drugs out of a shed on a property where he was residing in Carlsbad. The following day, agents obtained and executed a court search warrant for the shed. During the search, agents found and seized 92.14 net grams of pure methamphetamine and 200.78 net grams of heroin. In his plea agreement, Alvarez admitted that the drugs were his and that he intended to distribute them.
Upon his release from prison, Alvarez will be subject to four years of supervised release.
The Drug Enforcement Administration’s Las Cruces District Office and the Pecos Valley Drug Task Force investigated this case with assistance from the Carlsbad Police Department and the Eddy County Sheriff Office. Assistant United States Attorney Renee Camacho is prosecuted the case.
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Alexander M.M. Uballez Sworn in as United States Attorney for the District of New MexicoRead the Press Release
Photo credit: Adria Malcom U.S. Attorney Alexander M.M. UballezALBUQUERQUE – Alexander M.M. Uballez was sworn in today as the United States Attorney for the District of New Mexico. Chief United States District Court Judge William P. Johnson administered the oath of office during a private ceremony. A formal investiture will be planned for a later date.
United States Attorney Uballez was nominated by President Joseph R. Biden on January 26, and confirmed by the United States Senate on May 17. Uballez is the chief federal law enforcement officer for the district, and leads a team of over 180 federal prosecutors and staff across two offices.
“The people of New Mexico deserve dignity, safety, and the evenhanded application of swift and certain justice,” said Uballez. “Attorney General Garland has made violent crime reduction a central priority in the Department’s mission. We will confront this challenge together, using all tools and every resource in pursuit of community safety. I am grateful to President Biden for the opportunity to lead this dynamic and talented team of public servants, and to Senators Heinrich and Luján for their recommendation and endorsement. And I am humbled by your trust.”
Prior to his confirmation as United States Attorney, Uballez was as an Assistant United States Attorney in the District of New Mexico where he led organized crime investigations and prosecuted child sexual abuse, human trafficking, transnational and organized crime, and violent crime. Uballez also served as the District’s Project Safe Neighborhoods Coordinator, International Coordinator, and Internship Coordinator. Prior to joining the U.S. Attorney’s Office, Uballez served as an Assistant District Attorney in the First and Second Judicial District Attorney’s Offices of New Mexico where he prosecuted crimes against children, community and drug crimes, domestic violence and driving while intoxicated offenses.
Uballez received his J.D. from Columbia University School of Law in 2011 and his B.A. in Politics, Philosophy, and Economics from Pomona College in 2008.
As he took on his new responsibilities today, Uballez thanked former United States Attorney Fred Federici for his decades of service to New Mexico and the United States Attorney’s Office, including commending him for his exceptional leadership over the past seventeen months and during a global pandemic.
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Pueblo Pintado man appears in court, charged with murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Rodgerick Tsosie, of Pueblo Pintado, New Mexico, and an enrolled member of the Navajo Nation, made an initial appearance in federal court today facing a charge of second-degree murder in Indian Country. Tsosie will remain in custody pending a preliminary and detention hearing scheduled for May 25.
According to a criminal complaint, on May 16, Tsosie was called to intervene in a dispute involving his brother at their mother’s home in Torreon, New Mexico. However, the brother, his girlfriend and three children left the home before Tsosie arrived.
Tsosie allegedly encountered the vehicle in which his brother was traveling eastbound on New Mexico State Road 197 near the Torreon Store in Cuba, New Mexico. Tsosie drove alongside it, travelling east in the westbound lane. Tsosie allegedly fired two shots into the vehicle, one of which struck a 14-year-old victim in the head.
The victim was transported by ambulance and then by a medivac helicopter to St. Vincent Hospital in Santa Fe, New Mexico, where the victim was pronounced dead.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Tsosie faces up to life in prison.
The FBI’s Albuquerque Violent Crime Task Force investigated this case with assistance from the Sandoval County Sheriff’s Office and the Navajo Nation Police Department. Assistant United States Attorney Alexander F. Flores is prosecuting the case.
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New York man arraigned on bank robbery chargeRead the Press Release
ALBUQUERQUE, N.M. – Marc Candelaria, 34, of Wantagh, New York, appeared in federal court on May 19 for an arraignment and detention hearing where he was charged with bank robbery. Candelaria will remain detained until space is available at La Pasada Halfway House, where he will be on conditions of release pending trial.
A federal grand jury indicted Candelaria on May 10. According to the indictment, on Oct. 30, 2021, Candelaria allegedly robbed the Bank of America on Paseo de Peralta in Santa Fe. If convicted, Candelaria faces up to 20 years in prison.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Santa Fe Police Department. Assistant United States Attorney Samuel A. Hurtado is prosecuting the case.
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Navajo man arraigned on child sex abuse chargesRead the Press Release
ALBUQUERQUE, N.M. – Christian Apachito, 27, of TóHajiilee, New Mexico, and an enrolled member of the Navajo Nation, was arraigned in federal court today on a two-count indictment charging him with one count of aggravated sexual abuse of a child with force or threat and one count of sexual abuse of a minor. Apachito will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Apachito on April 28. According to the indictment and other court records, on Nov. 11, 2020, Apachito allegedly engaged in a sexual act with a child, identified in court records as Jane Doe, by using force against her. At the time of the abuse, Jane Doe had attained the age of 12 but was not yet 16. The alleged crime took place on the Navajo Nation Crownpoint Reservation.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Apachito faces up to 15 years in prison for sexual abuse of a minor and a minimum of 30 years and up to life in prison for aggravated sexual abuse of a child with force or threat.
The FBI investigated this case with assistance from the Crownpoint Navajo Police Department. Assistant United States Attorney Mark Pfizenmayer 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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Jemez man pleads guilty to assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Tyler Sando, 32, an enrolled member of the Pueblo of Jemez, pleaded guilty on May 19 in federal court to assault resulting in serious bodily injury in Indian Country and assaulting, resisting or impeding a federal officer involving physical contact. Sando will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, on Aug. 11, 2020, on the Jemez Pueblo, Sando got out of his vehicle, approached a victim and proceeded to strike him about the head and face. Sando then returned to his car and left. As a result of Sando’s assault, the victim suffered a subdural hematoma, needed staples to close a laceration on his head that left a scar, suffered daily headaches, and had blurry vision for a period of time.
On Nov. 16, 2020, Sando sped through a COVID checkpoint entering the Jemez Pueblo and crashed his vehicle. Law enforcement pursued Sando as he attempted to run away, and arrested him inside a residence. After Sando’s arrest, a federal officer attempted to interview him. Sando cursed at the officer and spat in his face.
Sando faces up to 10 years in prison for assault resulting in serious bodily injury and up to eight years in prison for assaulting, resisting or impeding a federal officer.
The FBI Albuquerque Field Office investigated this case with assistance from the Jemez Pueblo Police Department. Assistant United States Attorneys Nicholas J. Marshall and Novaline D. Wilson are prosecuting the case.
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Arizona woman pleads guilty to manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Kayla Baker, 26, of Ganado, Arizona, and an enrolled member of the Navajo Nation, pleaded guilty on May 19 in federal court to involuntary manslaughter in Indian Country. Baker will remain in custody pending sentencing, which has not been scheduled
According to the plea agreement and other court records, on June 16, 2018, Baker was driving while intoxicated when she attempted to pass another vehicle. She steered into the path of on an oncoming vehicle, resulting in a crash that killed the other driver and severely injured the leg of a passenger. Tests following the crash showed Baker’s blood alcohol content was .12 and there was THC in her system. Law enforcement also found alcohol in Baker’s vehicle. The crash occurred in New Mexico on the Navajo Nation.
Baker faces up to eight years in prison.
The Bureau of Indian Affairs investigated this case with assistance from the Navajo Nation Police Department and New Mexico State Police. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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Taos business owner pleads guilty to failure to pay taxes withheld from employee paychecksRead the Press Release
ALBUQUERQUE, N.M. – Diane Mariani, 66, of Taos, New Mexico, pleaded guilty on May 18 in federal court to willful failure to collect or pay over tax. Mariani will remain on conditions of release pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, until 2015, Mariani was co-owner, operator and treasurer of Taos RPM LLC, and beginning in 2015 Mariani, was co-owner, operator, and treasurer of Mountain Resort Management, Inc., in Taos, New Mexico. Mountain Resort Management did business as Snakedance Condominiums, Bumps Market and Hondo Restaurant. Mariani was responsible for paying employees of Snakedance Condominiums and Mountain Resort Management and acknowledged in her plea that she knew she had a duty to withhold federal income taxes, Social Security taxes, and Medicare taxes – collectively referred to as “trust fund taxes” – from employee paychecks. She also knew that she had a duty to report those taxes on a quarterly basis and to deposit those taxes on a regular basis.
From the first quarter of 2015 through the fourth quarter of 2018, Mariani withheld at least $203,137 in trust fund taxes from the employees she paid. Mariani admitted that she willfully failed to pay those taxes to the IRS.
Mariani faces up to five years in prison.
IRS Criminal Investigation investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.
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Luna County inmates sentenced for assaulting corrections officersRead the Press Release
ALBUQUERQUE, N.M. – Jacob Merkel, 23, and Victor Sanchez, 25, were sentenced in federal court on May 16 after pleading guilty to assault upon a person assisting federal officers involving physical contact.
Merkel, who pleaded guilty on Feb. 7, was sentenced to one year and three months in prison, with nine months consecutive to his prior sentence of 13 years and 10 months for robbery and discharge of a firearm. Sanchez, who pleaded guilty on Feb. 9, was sentenced to one year and nine months in prison, with 12 months to run consecutive to his prior eight-year sentence for being a felon in possession of a firearm.
According to the plea agreements and other court records, on Feb. 17, 2021, co-defendant Johnny Black, 36, became angry with corrections staff and started arguing with them. When staff attempted to escort him out of the pod, Black struck an officer, starting an altercation that other inmates joined. Sanchez saw the altercation and joined Black in striking the officer. As the altercation continued, Merkel grabbed another officer and punched him in the face. After Merkel and the officer went to the ground, Merkel got back up and continued the altercation. At that time, a fourth co-defendant, Henry Felix emerged from the crowd and attacked the second officer from behind, striking him in the head and body.
Black pleaded guilty on Feb. 22, and Felix on Feb. 4. Black and Felix are awaiting sentencing, which has not been scheduled.
The U.S. Marshals Service and Luna County Corrections Officers investigated this case. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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Mexican Springs man pleads guilty to manslaughterRead the Press Release
ALBUQUERQUE, N.M. – Quinten Smith, 22, of Mexican Springs, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty today in federal court to voluntary manslaughter in Indian Country. Smith will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Smith on Oct. 19, 2021. According to the plea agreement and other court records, on Sept. 24, 2021, Smith and other family members went to the home of the victim, identified as John Doe, to confront him for allegedly assaulting Smith’s mother. When they arrived at the home, a physical altercation ensued. During the fight, Smith stabbed the victim multiple times in the back with a pocketknife. Smith and the others fled the home immediately.
John Doe, who was also an enrolled member of the Navajo Nation, was found deceased in his home later that day. The killing occurred on the Navajo Nation.
Smith faces up to 15 years in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Police Department investigated this case. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
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Manuelito man sentenced to 15 years in prison for sexually abusing a child in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Roland Yazzie, 47, of Manuelito, New Mexico, and an enrolled member of the Navajo Nation, was sentenced in federal court today to 15 years and eight months in prison for abusive sexual contact in Indian Country. Yazzie pleaded guilty on Oct. 14, 2021.
In his plea agreement, Yazzie admitted that between June 1, 2016, and May 31, 2019, he engaged in sexual contact with a child, identified in court records as Jane Doe. At time of the abuse, the victim was between seven and nine years old. The abuse occurred at the home of the victim’s mother in McKinley County, New Mexico, on the Navajo Nation.
Upon his release from prison, Yazzie will be subject to five years of supervised release and must register as a sex offender.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigation. Assistant United States Attorney Elisa Dimas prosecuted the case.
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Mexican national sentenced to 17 years in prison for methamphetamine possessionRead the Press Release
ALBUQUERQUE, N.M. – Severano Ceballos Martinez, 45, of Copaco, Sinaloa, Mexico, was sentenced in federal court today to 17 years and six months in prison for possession with intent to distribute 500 grams and more of methamphetamine. Martinez pleaded guilty on Nov. 3, 2021.
According to the plea agreement and other court records, on April 7, 2021, Martinez agreed to deliver five pounds of methamphetamine and 1,000 fentanyl pills to an apartment in Albuquerque. After Martinez arrived at the apartment, agents from the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) placed Martinez under arrest. A search of Martinez’s vehicle revealed five bags containing a total of 1,685 grams of methamphetamine and a plastic bag containing 2,115 fentanyl pills, as well as $2,800 in cash and three cellular phones. Inside Martinez’s wallet, investigators found multiple identification cards, all of which contained Martinez’s photograph.
In 1997 in Arizona, Martinez was convicted of possession of a narcotic drug for sale under the name Usebio Martinez Mendoza. In 2005 in Arizona, Martinez was convicted of attempted auto theft under the name Oscar Márquez. In 2010 and 2014 in Arizona, Martinez was convicted of re-entry of a removed alien under the name Pilar Geronimo Mendoza-Avendano and was removed from the United States to Mexico again on August 1, 2017. Martinez faces removal proceedings upon completion of his sentence.
ATF investigated this case. Assistant United States Attorney Samuel A. Hurtado prosecuted the case.
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Grants man accused of sending threats to FBI agentRead the Press Release
ALBUQUERQUE, N.M. – Matthew James Cerno, 48, of Grants, New Mexico, made an initial appearance in federal court today facing a charge of making threats of violence against a federal law enforcement officer. Cerno will remain in custody pending a detention hearing scheduled for May 13.
According to a criminal complaint, on Feb. 23, 2018, Cerno was interviewed by law enforcement officers from the FBI Albuquerque Field Office, as Cerno claimed to have information regarding the West Mesa murders. In early October 2021, Cerno contacted the FBI Albuquerque Field Office by telephone to follow up regarding his prior report and was again interviewed regarding that report.
On Nov. 20, 2021, Cerno once again contacted the FBI Albuquerque Field Office to provide additional information regarding the West Mesa Murders. An agent contacted Cerno from an FBI issued cellphone. Cerno provided statements that were similar to those in his prior interviews. Over the following two-month period, Cerno allegedly made multiple calls to the agent’s cellphone. Each time the Agent directed Cerno to contact the FBI call center rather than contacting the agent directly.
Beginning on Jan. 28, Cerno allegedly left four messages on the agent's voicemail threatening that he would drug, rape, and direct the beating of the agent, and that the agent’s FBI badge would not save him.
A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Cerno faces up to five years in prison.
The FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Tavo Hall is prosecuting the case.
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Arizona man faces charge for attempting to entice a minorRead the Press Release
ALBUQUERQUE, N.M. – Jonathan John James, 58, of Tsaile, Arizona, appeared in federal court today for a preliminary and detention hearing where he was charged with attempted coercion and enticement of a minor. James will remain on conditions of release pending trial, which has not been scheduled.
According to a criminal complaint, on April 20 James allegedly followed a child as she shopped with a grandparent at a Home Depot in Gallup, New Mexico. James allegedly approached the victim, told her she was attractive and gave her his telephone number, written on a wet wipe package, in hopes they would communicate. On April 20, James allegedly began exchanging sexually explicit messages with someone he thought was the victim.
The messages were reported to the FBI on April 27. James continued exchanging messages with a person he thought was the victim. On April 28, James allegedly sent 24 images of obscene material depicting adults engaged in sexual activities, all of which showed nudity, and arranged to meet the victim. On May 5, James traveled from Arizona to a park in Gallup to meet the victim. He was detained by the FBI upon arrival.
A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, James faces a mandatory minimum of 10 years and up to life in prison.
The FBI Child Exploitation Human Trafficking Task Force investigated this case with assistance from the Gallup Police Department. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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Albuquerque man pleads guilty to assaulting a federal officerRead the Press Release
ALBUQUERQUE, N.M. – Derick Martin Garcia Pacheco, 33, of Albuquerque, pleaded guilty on May 10 in federal court to one count of assault on a federal officer using a deadly or dangerous weapon and inflicting bodily injury and one count of being a felon in possession of firearms and ammunition. Garcia will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, on Dec. 11, 2020, FBI agents executing a search warrant knocked at the door of Garcia’s residence and announced themselves as federal officers. Garcia armed himself with a .357 revolver and fired through the door, striking one of the agents. The agent was seriously injured, requiring surgery and hospitalization.
After Garcia shot the agent, other officers secured the scene and the FBI Special Weapons and Tactics (SWAT) unit responded to assist in executing the warrant, and Garcia was detained.
In his plea, Garcia acknowledge that he knew at the time of the incident that as a previously convicted felon he cannot legally possess firearms or ammunition.
Garcia faces up to 20 years in prison for the assault charge and up to 10 years in prison for possessing firearms and ammunition.
The FBI investigated this case. Assistant U.S. Attorneys Holland S. Kastrin and Sarah J. Mease are prosecuting the case.
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Albuquerque man charged with bank robberyRead the Press Release
ALBUQUERQUE, N.M. – Uriah Davis, 40, of Albuquerque, appeared in federal court today for a preliminary and detention hearing where he was charged with bank robbery. Davis will remain in custody pending trial, which has not been scheduled.
According to a criminal complaint, on May 2, Davis allegedly robbed the Wells Fargo bank on Central Avenue SE in Albuquerque. Davis allegedly entered the bank, approached a teller and made a verbal demand for money, repeatedly urging the teller to hurray. The teller complied and Davis allegedly fled the bank on foot.
On May 2, the FBI received a tip through the National Threat Operation Center that led agents to Davis’ location. On May 4, the FBI executed a federal search warrant on a room at the Tewa Lodge motel in Albuquerque, where Davis was found and taken into custody.
A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Davis faces up to 20 years in prison.
The FBI’s Albuquerque Violent Crimes Task Force investigated this case. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.
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Albuquerque man sentenced to four years and three months in prison for federal firearms violationsRead the Press Release
ALBUQUERQUE, N.M. – Devan Andrew Martinez, 34, of Albuquerque, was sentenced in federal court on May 5 to four years and three months in prison for being a felon in possession of firearms and ammunition. Martinez pleaded guilty on Oct. 12, 2021.
According to the plea agreement and other court records, on July 18, 2018, a law enforcement officer observed a vehicle parked inside a gated entrance to the Sedillo Range Unit on the south side of Interstate 40, which is on the Pueblo of Laguna. They did not have a title or bill of sale for the car, and the officer checked for a vehicle identification number. While checking the vehicle, the officer observed a loaded Taurus .45 caliber handgun on the floorboard under the front passenger seat.
After the officer found the firearm, Martinez and the other person were taken into custody. A search warrant was obtained for the vehicle and resulted in the discovery of nine rifles, four shotguns and two handguns, among other items including ammunition. In his plea, Martinez acknowledged that he knew that as a previously convicted felon he could not legally possess firearms or ammunition.
In the days prior to his arrest, Martinez went on a crime spree through communities west of Albuquerque, including the Pueblo of Laguna. He broke into a home, vehicles, a trailer, and gun safes to steal the fifteen firearms he possessed on July 18, 2018, as well as other personal effects. The State of New Mexico prosecuted Martinez for aggravated burglary (armed after entering), burglary of a vehicle, and residential burglary, all of which arose out of this crime spree. For those crimes, Martinez was sentenced to seven years in prison followed by five years of supervised probation. The sentence handed down today will be adjusted to account for time served for the state convictions. Because Martinez has been incarcerated since July of 2018, and accounting for this adjustment, his release from his federal term of imprisonment is forecast for October of this year.
Upon his release from prison, Martinez will be subject to three years of supervised release.
The Bureau of Indian Affairs investigated this case with assistance from the Laguna Pueblo Police Department. Assistant U.S. Attorney Alexander F. Flores is prosecuting the case.
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Two Albuquerque men arraigned on charges relating to the killing of a federal witnessRead the Press Release
ALBUQUERQUE, N.M. – Robert “Fat Head” Padilla, 45, and Gary Coca, 49, both of Albuquerque, were arraigned in federal court on April 27 on a four-count indictment charging them with retaliation against a witness. Padilla was further charged with one count of killing while engaged in drug trafficking, one count of using, carrying, brandishing, and discharging a firearm during and in relation to a crime of violence or drug trafficking crime and causing death through use of the firearm, and one count of tampering with a witness, victim or informant by physical force or threat. Both defendants will remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted Padilla and Coca on April 20. According to the indictment and other court records, from about Sept. 17, 2018, to Sept. 10, 2019, Padilla allegedly engaged in trafficking cocaine, cocaine base, heroin and fentanyl. On July 22, 2019, Padilla and Coca allegedly killed a man who was a former federal witness in Las Vegas, New Mexico, in retaliation for the victim providing information to law enforcement. Around Nov. 25, 2020, Padilla allegedly used physical force against John Doe in an attempt to influence, delay and prevent John Doe from communicating to law enforcement information relating to drug trafficking and the murder of a federal witness.
An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Padilla and Coca face up to life in prison or death.
The FBI investigated this case with assistance from the New Mexico State Police, New Mexico Corrections Department and Las Vegas Police Department. Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting this case as part of the Organized Crime Drug Enforcement Task Force program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
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Artesia man sentenced to four years in prison for bank robberyRead the Press Release
ALBUQUERQUE, N.M. – Roman Andrew Poulsen, 40, of Artesia, New Mexico, was sentenced in federal court today to four years and three months in prison for bank robbery. Poulsen pleaded guilty on Jan. 7.
According to the plea agreement and other court records, on July l5, 2021, Poulsen robbed the Washington Federal Bank in Artesia. Poulsen entered the bank and provided a demand note to one of the tellers. The teller placed the money into a bank envelope and gave it to Poulsen, who immediately fled the bank. Following the robbery, Artesia Police officers located Poulsen's vehicle at a Fenn's Country Market. Officers found Poulsen and Lori Crapo, 41, of Sprinville, Utah, at the store and arrested them.
Officers observed video surveillance from the store that showed Crapo putting something onto one of the shelves on a store aisle before she was apprehended. Officers then searched that area of the store and located cash from the robbery hidden behind a box of ice cream cones.
Crapo pleaded guilty on Jan. 4 to misprision of a felony. On April 26 she was sentenced to 18 months in prison.
Upon his release from prison, Poulsen will be subject to three years of supervised release.
The Roswell Resident Agency of the FBI Albuquerque Field Office and the Artesia Police Department investigated this case. Assistant U.S. Attorneys Randy M. Castellano and Aaron O. Joran prosecuted this case.
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Albuquerque man pleads guilty to carjacking, bank robbery and firearms chargesRead the Press Release
ALBUQUERQUE, N.M. – Lante Porcha, 30, of Albuquerque, pleaded guilty on May 3 in federal court to one count of carjacking, one count of using, carrying, and brandishing a firearm during and in relation to a crime of violence, one count of attempted bank robbery with a dangerous weapon, and one count of being a felon in possession of a firearm and ammunition. Porcha will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Porcha and codefendant Chaz Estrada, 34, also of Albuquerque, on Feb. 7, 2019. According to the plea agreement and other court records, on Feb. 3, 2019, in the parking lot of Presbyterian Hospital in Albuquerque, Porcha approached a victim who was seated in his vehicle and asked the victim for a cigarette or a lighter. Porcha then pointed a handgun at the victim and threatened to shoot him if he did anything. Porcha entered the passenger seat and ordered the victim to drive to Estrada, who was waiting nearby. Porcha ordered the victim to get out of the vehicle, after which Estrada entered the driver seat and the two fled in the victim’s vehicle.
Later that day, Porcha approached another victim as she was at a drive-up ATM. Porcha pointed the handgun at the victim and demanded that she empty her bank account. The victim refused and pushed the gun downward. The gun discharged and the bullet passed between the victim’s legs. Porcha ran back to the stolen vehicle and fled with Estrada driving.
A short time later, law enforcement stopped the stolen vehicle. Porcha and Estrada attempted to flee on foot but were arrested. The handgun and ammunition were found in the vehicle.
On May 26, 2020, Estrada pleaded guilty to attempted bank robbery with a dangerous weapon, being an accessory after the fact, and being a felon in possession of a firearm and ammunition. On Sept. 15, 2020, Estrada was sentenced to eight years and one month in prison, to be followed by three years of supervised release.
By the terms of the plea agreement, Porcha faces 15 years and eight months in prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Timothy Trembley is prosecuting the case.
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Albuquerque man charged with robbing a mail carrierRead the Press Release
ALBUQUERQUE, N.M. – Daniel Trujeque, 29, of Albuquerque, appeared in federal court today for a preliminary and detention hearing where he was charged with robbery against a U.S. Postal Service employee while the employee was carrying out official duties. Trujeque will remain in custody pending trial, which has not been scheduled.
According to a criminal complaint, on Jan. 11, Trujeque and two accomplices allegedly parked near a U.S. Postal Service letter carrier who was delivering parcels to a neighborhood box unit on the west side of Albuquerque. Trujeque allegedly got out of the vehicle and approached the letter carrier. He then allegedly pointed a handgun at the letter carrier and demanded the carrier’s mail keys. After the carrier handed over the keys, Trujeque allegedly demanded a parcel that had not been placed in a box yet. Trujeque took the keys and the parcel, returned to the vehicle and fled.
A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Trujeque faces up to 25 years in prison.
The U.S. Postal Inspection Service investigated this case with assistance from the Albuquerque Police Department and the Bernalillo County Sheriff’s Office. Assistant United States Attorney Niki Tapia-Brito is prosecuting the case.
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Albuquerque man pleads guilty to bank fraud and submitting false documentsRead the Press Release
ALBUQUERQUE, N.M. – Rick Benavidez, 47, of Albuquerque, pleaded guilty on April 29 in federal court to two counts of conspiracy to commit bank fraud and one count of submitting fraudulent returns, statements or other documents to the Internal Revenue Service (IRS). Benavidez will remain on release pending sentencing, which has not been scheduled.
A federal grand jury indicted Benavidez on Feb. 27, 2019. According to the plea agreement and other court records, from April 18, 2013, to May 31, 2013, Benavidez conspired with Damian Maron, and another man to submit fraudulent documentation, including altered pay stubs, to two credit unions to receive automobile loans. The altered pay stubs, which were provided to the applicant by Benavidez, supported a false claim that the applicant’s annual income was $85,000, when in fact it was only approximately $8,000 for 2013. The loan applications at both credit unions used the title for the same car, a 2007 Mercedes S Class, which was not for sale and which none of the men had any intention of purchasing. The funds were disbursed to “Automotive Express, Inc.,” a fictitious car dealership. The conspirators split the money, and the loan went into default.
Benavidez admitted in his plea that the fraudulently obtained loans in the guise of purchasing the Mercedes were part of a larger scheme using multiple straw applicants to obtain similar loans. As a result, defrauded financial institutions disbursed a total of $359,662.97.
Benavidez also acknowledged an additional loan scheme involving another alleged conspirator, Willie Lee Edwards, who is currently wanted by the FBI. The conspirators in this second scheme applied for a total of $1,154,493.42, of which $999,993.42 was disbursed by financial institutions.
After being charged with conspiracy and bank fraud, Benavidez submitted a false document to the IRS purporting to designate the assigned U.S. District Court judge as his fiduciary, knowing that the designation was false because the judge had not agreed to it and was not, nor had he ever been, Benavidez's legal fiduciary.
Maron pleaded guilty on March 10, 2020, to one count of conspiracy to commit bank fraud and one count of bank fraud, and is currently awaiting sentencing. Maron faces up to 30 years in prison.
By the terms of the plea agreement, Benavidez faces between 51 and 63 months in prison.
The FBI Albuquerque Field Office investigated this case with assistance from Homeland Security Investigations (HSI), the U.S. Treasury Inspector General for Tax Administration, and the New Mexico Office of the Attorney General. Assistant United States Attorneys Sean J. Sullivan and Taylor F. Hartstein are prosecuting the case.
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Navajo man arraigned on charges of aggravated sexual abuse of a child in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Brandon Yazzie, 28, of Standing Rock, New Mexico, and an enrolled member of the Navajo Nation, was arraigned in federal court on April 28 on a four-count indictment charging him with three counts of aggravated sexual abuse and one count of abusive sexual contact. Yazzie will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Yazzie on April 12. According to the indictment and other court records, on at least two occasions between December 1, 2020, and January 31, 2021, Yazzie allegedly sexually abused the victim, identified in court records as Jane Doe, who was less than 12 years old. On one occasion, Yazzie allegedly engaged in and caused sexual contact with the victim. Yazzie allegedly committed the crimes at his father’s residence in Standing Rock on the Navajo Nation.
An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Yazzie faces up to life in prison for abusive sexual contact and a minimum of 30 years and up to life in prison for aggravated sexual abuse.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Avondale (Arizona) Police Department. Assistant United States Attorney Alexander F. Flores is prosecuting the case.
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Las Cruces man pleads guilty to production of child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Sean Patrick Fosler, 28, of Las Cruces, New Mexico, pleaded guilty on April 28 in federal court to production of child pornography. Fosler will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, on May 7, 2021, Fosler recorded a video of a then eight-year-old child engaged in sexually explicit conduct. Fosler also appears in the video engaged in sexual conduct. In the plea agreement, Fosler admitted that he used snapchat to send the video to person in Texas.
Fosler faces a minimum of 15 years and up to 30 years in prison.
Homeland Security Investigations (HSI) investigated this case with assistance from the New Mexico State Police and the El Paso Police Department. Assistant United States Attorney Marisa A. Ong is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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Zuni man faces charges of aggravated sexual abuse of a childRead the Press Release
ALBUQUERQUE, N.M. – Phillip Lahi, Sr., 70, and an enrolled member of the Zuni Pueblo, made an initial appearance in federal court today facing charges of aggravated sexual abuse of a child in Indian Country. Lahi will remain in custody/on conditions of release pending a detention hearing scheduled for May 3.
According to a criminal complaint, Lahi allegedly engaged in and attempted to engage in sexual conduct with the victim, identified as Jane Doe, since she was five or six years old. Lahi’s alleged conduct included exposing himself to the child, who is an enrolled member of the Zuni Pueblo, and performing sexual acts in front of her. In October of 2021, when Jane Doe was nine years old, Lahi allegedly forcibly engaged in sex with her. Lahi allegedly committed the offenses on the Pueblo of Zuni.
A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Lahi faces a minimum of 30 years and up to life in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.
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Two Las Cruces men face federal firearms chargesRead the Press Release
ALBUQUERQUE, N.M. – Ruben Martha, 40, of Las Cruces, New Mexico, appeared in federal court today facing a charge of being a felon in possession of a firearm and ammunition. Pablo Vargas, 50, of Las Cruces made an initial appearance on April 28 facing the same charge. Vargas and Martha will remain in custody pending arraignment and detention hearings.
A federal grand jury indicted Vargas and Martha on April 20. According to the indictment and other court records, on April 17, 2021, Vargas was hosting a party at a home on Nevada Street in Las Cruces, New Mexico. Martha, who lives down the street, was returning to his home along with his girlfriend and his adult daughter, who were in separate cars and slowed down as they navigated their way through the busy street. An angry exchange allegedly occurred during which an object was thrown at Martha’s car and a bottle was thrown through the open window of the car Martha’s daughter was driving. The daughter allegedly was struck by the bottle.
After Martha reached his home, he received a call from a friend, whom Martha told what was happening. The friend arrived on the scene and gunfire allegedly erupted. The friend was struck and fled the scene. Martha allegedly retrieved a shotgun from a trashcan on his property as Vargas and others allegedly fired toward Martha’s residence. Martha allegedly chambered a round of ammunition in the shotgun, but was struck in the chest. Officers estimate that twenty to thirty rounds were fired during the confrontation.
In 1997, Vargas was convicted of shooting at or from a motor vehicle. Martha was convicted in 2000 of aggravated assault with a deadly weapon and criminal damage to property, and in 2007 of shooting at a dwelling, aggravated assault with a deadly weapon, and felon in possession. As previously convicted felons, neither Vargas nor Martha can legally possess firearms or ammunition.
An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Vargas and Martha face up to 10 years in prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Las Cruces Police Department. Assistant United States Attorneys Maria Armijo and Christopher McNair are prosecuting the case.
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Mescalero man pleads guilty to domestic assaultRead the Press Release
ALBUQUERQUE, N.M. – Lance Cojo, 36, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, pleaded guilty on April 26 in federal court to one count of assault of an intimate or dating partner resulting in substantial bodily injury and one count of assault of an intimate or dating partner by strangling. Cojo will remain in custody pending sentencing, which has not been scheduled.
In his plea agreement, Cojo admitted that on Dec. 31, 2021, on the Mescalero Apache Reservation, in Otero County, Mexico, he assaulted a victim, identified in court records as Jane Doe, by stomping on her foot, hitting her in the head multiple times, biting her cheek, and burning her on her right shoulder with a pipe used for smoking drugs. Cojo also grabbed Jane Doe by the throat to strangle her. The following day, Cojo continued to assault Jane Doe, hitting her in the head and kicking her in the back multiple times and strangling her.
Cojo’s assault resulted in serious injuries to Jane Doe, who is also a member of the Mescalero Apache Tribe. Jane Doe was taken to a medical center for her injuries where she was treated for a collapsed lung, fractured ribs, bruising to both eyes, face, neck and ribs.
By the terms of the plea agreement, Cojo faces two years in prison followed by three years of supervised release.
The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.
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Previously convicted felon pleads guilty to firearms possessionRead the Press Release
ALBUQUERQUE, N.M. – Richard “Sky” Kuykendall, 42, of Albuquerque, pleaded guilty today in federal court to being a felon in possession of a firearm and ammunition. Kuykendall will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Kuykendall on June 9, 2021. According to the plea agreement and other court records, on May 12, 2021, Kuykendall was present at the scene of a gun fight in Albuquerque. After that gun fight, Kuykendall possessed a Beretta 9mm pistol.
Prior to the offense, Kuykendall, who is originally from Gloucester, Massachusetts, had been convicted of larceny, conspiracy to commit larceny, receiving or transferring a stolen motor vehicle, unlawful taking of a vehicle, forgery and identity theft. As a previously convicted felon, Kuykendall cannot legally possess a firearm or ammunition.
By the terms of the plea agreement, Kuykendall faces 18 months in prison.
The FBI investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorneys Paul Mysliwiec and Samuel Hurtado are prosecuting the case.
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Mescalero man pleads guilty to domestic assaultRead the Press Release
ALBUQUERQUE, N.M. – Lance Cojo, 36, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, pleaded guilty on April 26 in federal court to one count of assault of an intimate or dating partner resulting in substantial bodily injury and one count of assault of an intimate or dating partner by strangling. Cojo will remain in custody pending sentencing, which has not been scheduled.
In his plea agreement, Cojo admitted that on Dec. 31, 2021, on the Mescalero Apache Reservation, in Otero County, Mexico, he assaulted a victim, identified in court records as Jane Doe, by stomping on her foot, hitting her in the head multiple times, biting her cheek, and burning her on her right shoulder with a pipe used for smoking drugs. Cojo also grabbed Jane Doe by the throat to strangle her. The following day, Cojo continued to assault Jane Doe, hitting her in the head and kicking her in the back multiple times and strangling her.
Cojo’s assault resulted in serious injuries to Jane Doe, who is also a member of the Mescalero Apache Tribe. Jane Doe was taken to a medical center for her injuries where she was treated for a collapsed lung, fractured ribs, bruising to both eyes, face, neck and ribs.
By the terms of the plea agreement, Cojo faces two years in prison followed by three years of supervised release.
The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.
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Albuquerque man sentenced to 10 years in prison for drug traffickingRead the Press Release
ALBUQUERQUE, N.M. – Guy Anthony Garcia, 62, of Albuquerque, was sentenced in federal court today to 10 years in prison for attempted possession with intent to distribute 40 grams and more of fentanyl, attempted possession with intent to distribute 50 grams and more of methamphetamine, and attempted possession with intent to distribute 100 grams and more of heroin. Garcia pleaded guilty on Sept. 1, 2021.
A federal grand jury indicted Garcia on March 9, 2021. In his plea agreement, Garcia admitted that on Dec. 9, 2020, he arranged for a delivery of drugs to his business in Albuquerque. The shipment was intercepted by law enforcement and the person delivering the drugs agreed to be accompanied by an undercover officer to proceed with the delivery and transaction. They arrived at Garcia’s business with what Garcia believed was methamphetamine, heroin and fentanyl, for which Garcia paid them $39,820. Garcia acknowledged that he intended to sell the drugs.
At the time, Garcia was on supervised release following a prison sentence for a 2016 drug trafficking conviction. The terms of his release required him to refrain from any unlawful use of a controlled substance and prohibited him from committing any federal, state or local crime. In his plea, Garcia acknowledged that his offenses on Dec. 9, 2020, were in violation of the terms of his supervised release. Additionally, on Nov. 5, 2020, he submitted a urinalysis sample that tested positive for amphetamine, opiates and cocaine. On Nov. 25, 2020, Garcia submitted another sample, which again tested positive for opiates.
Upon his release from prison, Garcia will be subject to 4 years of supervised release.
Homeland Security Investigations investigated this case with assistance from the Bureau of Indian Affairs and New Mexico State Police. Assistant United States Attorney Matthew Nelson prosecuted the case.
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Mariano Lake man sentenced to five years in prison for Manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Harrison Davis, 60, of Mariano Lake, New Mexico, and an enrolled member of the Navajo Nation, was sentenced in federal court today to five years in prison for involuntary manslaughter in Indian Country. Davis pleaded guilty on May 10, 2021.
According to the plea agreement and other court records, on July 1, 2018, in McKinley County, New Mexico, on the Navajo Nation, Davis was riding an ATV with his five-year-old grandson. Davis was intoxicated at the time, causing him to crash. Both Davis and his grandson were ejected. The grandson was not wearing a helmet and died at the scene from blunt head trauma. Medical records show Davis’ blood alcohol content was .278 three to four hours after the crash.
Upon his release from prison, Davis will be subject to three years of supervised release.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case.
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Bread Springs man pleads guilty to manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Jansen Peshlakai, 53, of Bread Springs, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty today in federal court to voluntary manslaughter in Indian Country. Peshlakai will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, on June 13, 2018, in San Juan County, New Mexico, on the Navajo Nation, Peshlakai used his vehicle to ram the vehicle of another man. In doing so, Peshlakai ran over the victim, identified in court records as John Doe, killing him. In the plea agreement, Peshlakai admitted that he acted in the heat of passion and lost self-control.
Peshlakai faces up to 15 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigation.
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