District of New Mexico
Press releases recorded for this federal judicial district.
Former coach from Pecos arraigned on charges of coercing minors onlineRead the Press Release
ALBUQUERQUE, N.M. – Joshua Rico, 25, of Pecos, New Mexico, was arraigned today in federal court on a five-count indictment charging him with coercion and enticement of minors. A federal grand jury indicted Rico on May 12. Rico will remain in custody pending a detention hearing scheduled for May 21.
According to the indictment and other court records, beginning as early as January 2018, Rico allegedly used multiple profiles on the social media platform Snapchat to coerce minor girls into sending him sexually explicit photos and videos and engage in sexual acts. Using his position as a high school basketball coach to target girls he knew, Rico allegedly used fictitious profiles under the names “Chris Lujan” and “Erik Romero” as well as a profile in his own name to threaten, coerce and manipulate at least four minor victims. Rico allegedly sent photos of his own genitalia, requested explicit photos and videos from the victims, and threatened to expose compromising photos and videos to extort sexual acts for his own gratification.
The New Mexico State Police, the FBI, and the Regional Computer Forensic Laboratory investigated this case as part of Project Safe Childhood (PSC) and the Internet Crimes Against Children (ICAC) Task Force. PSC is an initiative designed to help law enforcement and community leaders develop a coordinated strategy to prevent, investigate, and prosecute sexual predators, abusers, and pornographers who target children through the internet. The ICAC program is a nation-wide network of task forces consisting of federal, state and local law enforcement dedicated to this issue and are key partners in Project Safe Childhood.
“Cases like this remind of us the importance of vigilance,” said Fred J. Federici, Acting U.S. Attorney for the District of New Mexico. “We must stress, especially to minors, the risks of electronically sharing material of a sensitive or compromising nature. But law enforcement must also be vigilant in our duty to investigate and prosecute those who exploit new and emerging technologies to target unsuspecting victims. It is the perpetrators, not the victims, who are responsible for their crimes and manipulation.”
“Protecting our children, and ensuring they are safe is one of the most important things we do in law enforcement” said Robert Thornton, Chief of the New Mexico State Police. “As access to technology increases, so does the means for those who would do harm to our kids. The New Mexico State Police is proud of our working relationship with the FBI and Regional Computer Forensic Laboratory that allows us to investigate these offenses.”
“Online predators seeking to exploit children unfortunately are becoming more common,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “The FBI hopes these charges send a warning to perpetrators there is nowhere in cyberspace they can escape justice. We also want to urge young people to be careful with their online communications and to be thoughtful about the content they share.”
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Rico faces a minimum of 10 years and up to life in prison.
Assistant U.S. Attorneys Sarah Mease and Jaymie L. Roybal are prosecuting the case.
Navajo man pleads guilty to involuntary manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Felix Curtis, 26, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on May 14 in federal court to involuntary manslaughter in Indian Country.
A grand jury indicted Curtis on Aug. 11, 2020. According to the indictment and other court documents, Curtis committed this offense on Sept. 14, 2019 in San Juan County on the Navajo Nation. Curtis was driving while intoxicated when he caused an accident that killed a man, identified in court records as John Doe. Curtis admitted to operating the vehicle without due caution and circumspection and with a wanton and reckless disregard for human life when he knew and should have known that his conduct imperiled the lives of others.
Curtis remains out of custody pending sentencing, which has not been scheduled at this time. He faces up to eight years in prison.
The Farmington Resident Office of the FBI investigated this case with assistance from the Shiprock Office of the Navajo Nation Division of Public Safety, the Navajo Nation Police Department, the New Mexico State Police, and the San Juan County Sheriff’s Office. Assistant U.S. Attorney David Cowen is prosecuting the case.
California man sentenced to 21 months in prison for assaulting federal officersRead the Press Release
ALBUQUERQUE, N.M. – Ivan Allen, 40, of Moreno Valley, California, was sentenced on May 17 in federal court to 21 months in prison for assaulting federal officers. Allen was indicted on April 24, 2019, and pleaded guilty on Nov. 14, 2019.
Allen, who is non-Indian, assaulted two officers of the Pueblo of Laguna Tribal Police Department, who are commissioned as Special Law Enforcement Officers by the Bureau of Indian Affairs’ Office of Justice Services. Allen committed the offense on March 26, 2019, on the Pueblo of Laguna in Cibola County, New Mexico.
In his plea agreement, Allen admitted that on March 26, 2019, he was driving eastbound on Interstate 40 at a high rate of speed with the headlights of his vehicle off. An officer with the Pueblo of Acoma Police Department attempted to conduct a traffic stop, but Allen increased his speed and fled. Allen hit a concrete barrier and two officers with the Pueblo of Laguna Police Department responded to the scene. The officers used their public address system to command Allen to step out of his vehicle, which he initially ignored. Eventually, Allen complied with the officers’ commands. Upon reaching one of the police vehicles, Allen stiffened and fell backward onto the vehicle. When the officers approached Allen to render assistance, Allen began to fight the officers. After almost ten minutes of resistance, Allen was subdued and arrested.
Upon his release from prison, Allen will be subject to three years of supervised release.
The FBI’s Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs and Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorneys Raquel Ruiz-Velez and Kyle T. Nayback prosecuted the case.
Shiprock man sentenced to seven years in prison for voluntary manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Patrick Yellowhair, 39, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on May 12 in federal court to seven and a half years in prison for voluntary manslaughter in Indian Country.
Yellowhair pleaded guilty to the offense on Feb. 15, 2019. According to the plea agreement, Yellowhair and the victim were drinking on the afternoon of Oct. 2, 2018, when they began fighting. The victim briefly left the home before returning later in the evening and the two resumed their quarreling. In the plea agreement, Yellowhair admitted to stabbing the victim in the neck and shoulder around midnight or in the early morning of Oct. 3. The killing occurred in San Juan County on the Navajo Nation.
Upon his release from prison, Yellowhair will be subject to three years of supervised release.
The Farmington Resident Office of the FBI investigated this case with assistance from Navajo Nation Police and the Navajo Nation Criminal Investigations unit. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Window Rock Man indicted for violating Migratory Bird Treaty Act and Bald and Golden Eagle Protection ActRead the Press Release
ALBUQUERQUE, N.M. –Fred J. Federici, Acting U.S. Attorney for the District of New Mexico, and Phillip Land, Special Agent in Charge (SAC) of the Southwest Region, U.S. Fish and Wildlife Service, Office of Law Enforcement, announced the indictment of George Tom Skeet, 35, of Window Rock, Arizona, for violating the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act.
Skeet made an initial appearance in federal court on May 10. He was indicted by a federal grand jury on April 23.
The two-count indictment alleges that on Jan. 18, 2019, and Feb. 5, 2019, in Bernalillo County, New Mexico, Skeet sold and offered for sale red-tailed hawk, bald eagle and golden eagle feathers. The birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. To help ensure that hawk, eagle, and other bird populations remain healthy and sustainable, these laws prohibit the possession, use, and sale of the feathers or other parts of federally-protected birds, as well as the unauthorized killing of these birds.
“One of our highest priorities is to combat wildlife trafficking and investigate individuals who are involved in the unlawful commercialization of our nation's fish and wildlife," said SAC Land. "This successful indictment was the result of working together with the Navajo Nation Department of Fish and Wildlife and the U.S. Attorney's Office for the District of New Mexico. We will continue to work closely with all our law enforcement partners to root out those individuals who exploit protected wildlife species for their own financial gain.”
If convicted, Skeet faces a maximum penalty of two years in prison, three years of supervised release, a $2,000 fine, and a $100 special penalty assessment. An indictment is only an allegation. Defendants are presumed innocent unless and until proven guilty.
The U.S. Fish and Wildlife Service investigated the case. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
The U.S. Fish and Wildlife Service is the principal federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 545 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 fishery resources offices and 81 ecological services field stations. The agency enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands and helps foreign and Native American tribal governments with their conservation efforts.
Shiprock man sentenced to eight years in federal prison for assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Dieter D. Douglas, 35, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on May 11 in federal court to eight years and 4 months in prison for assaulting his ex-girlfriend.
Douglas pleaded guilty to two counts of the offense on July 14, 2020. In his plea agreement, Douglas admitted to assaulting the victim, identified in court records as Jane Doe, on Oct. 3, 2018, and again on May 14, 2019, at a home in Shiprock on the Navajo Nation. During these incidents Douglas covered the victim’s mouth and strangled her with his hands. As a result, Douglas caused the victim to lose consciousness during both incidents.
Upon his release from prison, Douglas will be subject to three years of supervised release.
The FBI investigated this case with assistance from the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Novaline D. Wilson prosecuted the case.
Man from Española sentenced to two years in federal prison for drug and firearm possessionRead the Press Release
ALBUQUERQUE, N.M. – Jerod Walker, 22, of Española, New Mexico, was sentenced in federal court on May 6 to two years and three months in prison for possession with intent to distribute cocaine base and being a prohibited person in possession of a firearm.
Walker pleaded guilty to these offenses on July 22, 2020. According to the plea agreement, on Feb. 1, 2020, Walker was in possession of a handgun and cocaine base (also known as crack cocaine) in a bag located inside his girlfriend’s vehicle. The incident occurred in Rio Arriba County, New Mexico. Due to his drug addiction, Walker is prohibited from possessing a firearm.
Upon completion of his prison sentence, Walker will be subject to three years of supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives Albuquerque Resident Agency, the Rio Arriba County Sheriff’s Office, and the United States Probation Office investigated this case. Assistant U.S. Attorney Joseph Spindle prosecuted the case.
Acting U.S. Attorney Fred J. Federici Recognizes the Efforts and Sacrifice of Law Enforcement during National Police WeekRead the Press Release
ALBUQUERQUE, N.M. — In honor of National Police Week, Acting U.S. Attorney Fred J. Federici recognizes the service and sacrifice of federal, state, local and Tribal law enforcement. This year, the week is observed Sunday, May 9, through Saturday, May 15, 2021.
“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”
“During National Police Week, our Nation stands to honor all fallen officers who have sacrificed their lives in the line of duty to ensure the safety of communities throughout our country,” said Acting U.S. Attorney Fred J. Federici. “This is a time to celebrate and recognize the brave men and women of law enforcement who put themselves at risk each day in the service of their communities. For their hard work, dedication and service, we salute them.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.
During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19.
Additionally, according to statistics reported by the FBI through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020. LEOKA statistics can be found on FBI’s Crime Data Explorer website.
The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 8:00 p.m. EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to Oct. 13-17, 2021. An in-person Candlelight Vigil event is scheduled for Oct. 14, 2021.
Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/user/TheNLEOMF. The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.
To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.
Silver City man convicted in carjacking and firearms caseRead the Press Release
ALBUQUERQUE, N.M. – Daniel “Grumpy” Hernandez, 33, of Silver City, New Mexico, was convicted by a federal jury on May 6 on seven counts of a 10-count indictment. Hernandez and his co-conspirator, Savannah Padilla, were indicted on Nov. 13, 2019.
Hernandez pleaded guilty on April 29 to one count of being a felon in possession of a firearm. As a previously convicted felon, Hernandez cannot legally possess a firearm or ammunition.
The jury found Hernandez guilty of conspiracy to commit carjacking, carjacking, brandishing a firearm during and in relation to a crime of violence, theft of a firearm, possessing a stolen firearm, and two additional counts of being a felon in possession of a firearm.
On Feb. 23, Padilla pleaded guilty to conspiracy to commit carjacking, carjacking and brandishing a firearm during and in relation to a crime of violence. According to the plea agreement, on or about Sept. 7, 2018, and continuing to on or about Sept. 8, 2018, Hernandez and Padilla committed a carjacking in Grant County, New Mexico. Hernandez and Padilla demanded money from the victim at gunpoint, and later demanded that the victim get out of the driver’s seat and into the back seat of the vehicle. The victim fled in fear for his life.
Hernandez was acquitted on a separate count of carjacking and a separate count of brandishing a firearm during and in relation to a crime of violence for a different incident on Sept. 7, 2018.
A sentencing date has not been scheduled. Hernandez and Padilla each face up to 15 years in prison for the carjacking charges, and an additional seven years to be served consecutively for the brandishing a firearm during and in relation to a crime of violence charges.
The Bureau of Alcohol Tobacco, Firearms and Explosives investigated this case with assistance from the Silver City Police Department. Assistant U.S. Attorneys Maria Armijo and Ry Ellison are prosecuting the case.
Man from Nambe sentenced to 15 years in federal prison for sexual abuse in Indian CountyRead the Press Release
ALBUQUERQUE, N.M. – Yvon Loretto, 62, of Nambe, New Mexico, and an enrolled member of the Pueblo of Nambe, was sentenced in federal court on May 5 to 15 years in prison for abusive sexual contact in Indian Country.
Loretto pleaded guilty on Aug. 11, 2020. According to the plea agreement, on or between Oct. 1, 2016, and Oct. 31, 2016, Loretto sexually abused the victim, who at the time was less than 12 years old. The assault occurred on the Pueblo of Nambe in Rio Arriba County, New Mexico.
Upon his release from prison, Loretto will be subject to eight years of supervised release and must register as a sex offender.
The Santa Fe Resident Agency of the FBI investigated this case. Assistant U.S. Attorney Joseph Spindle prosecuted the case.
Former employee at Sandia National Laboratories pleads guilty to mail fraud and theftRead the Press Release
ALBUQUERQUE, N.M. – Joshua Cordova, 39, of Albuquerque, pleaded guilty in federal court on May 5 to mail fraud and theft of federal funds. Cordova was indicted on Dec. 17, 2019.
From approximately 2010 to December 2018, Cordova was employed by Sandia Corporation and later National Technology and Engineering Solutions of Sandia, which were contracted by the U.S. Department of Energy (DOE) to operate Sandia National Laboratories (SNL). Cordova’s duties included providing training to military, law enforcement and emergency response personnel in the use of equipment developed at SNL. Beginning in late 2012, Cordova applied for and was issued a purchasing card funded by DOE for the limited purpose of procuring equipment and materials necessary for Cordova to perform his duties at SNL.
In the plea agreement, Cordova admitted that from at least September 2014 through September 2018 he fraudulently used his purchasing card to procure items for the personal use of himself and his family and associates. These items included: jewelry; watches, clothing; shoes; golf clubs and golf accessories; exercise equipment; toys; barber equipment, furnishings and supplies; building materials; and home appliances.
To conceal the fraudulent use of his purchasing card, Cordova made misrepresentations and false statements, claiming in his monthly reconciliation reports the purchases were legitimate items. For example, in August 2017, Cordova purchased a diamond ring for $944 from Amazon.com that was shipped to his home. In his monthly report, he represented the purchase as “2 carbon fiber Manfredo 510 tripods.”
A sentencing date has not been scheduled. Cordova faces up to 20 years in prison.
The U.S. Department of Energy Office of Inspector General investigated this case. Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case.
Albuquerque man arraigned on charge of being a felon in possession of a firearmRead the Press Release
ALBUQUERQUE, N.M. – Rastice Lee Burdex, 28, of Albuquerque, was arraigned on April 26 in federal court on an indictment for being a felon in possession of a firearm. A federal grand jury indicted Burdex on Sept. 10, 2020. Burdex will remain detained pending trial.
According to the indictment and other court records, on Aug. 20, 2020, Albuquerque Police stopped the vehicle in which Burdex was traveling. A search of the vehicle allegedly revealed a loaded handgun beneath the drivers’ seat.
Burdex was previously convicted of aggravated battery against a household member with a deadly weapon and aggravated assault with a deadly weapon. As a previously convicted felon, Burdex cannot legally possess a firearm or ammunition.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Burdex faces up to 10 years in prison.
The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case.
Navajo man sentenced to three years in prison for assaultRead the Press Release
ALBUQUERQUE, N.M. – Mark Anthony Hill, 33, of Smith Lake, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on April 28 in federal court to three years in prison for assault resulting in serious bodily injury in Indian Country. Hill pleaded guilty to the crime on Dec. 14, 2020.
According to the plea agreement and other court records, Hill assaulted the victim on Aug. 23, 2020, in McKinley County, New Mexico, on the Navajo Nation. Hill pushed the victim to the ground and struck him with his fists. Hill then retrieved a baseball bat and struck the victim in the head and torso causing serious injuries, including fractures to the victim’s jaw, skull and nasal passage, a torn left ear and a dislocated shoulder. After being airlifted to a Level 1 Trauma Center in Albuquerque, the victim needed surgery and two days of medical care for injuries sustained in the assault.
Upon his release from prison, Hill will be subject to three years of supervised release.
The Crownpoint District of the Navajo Nation Police Department investigated the case. Assistant U.S. Attorney Thomas J. Aliberti prosecuted the case.
Albuquerque investment broker indicted for mail and wire fraud, money laundering and failure to file tax returnsRead the Press Release
ALBUQUERQUE, N.M. – Richard Kessler, 49, of Albuquerque, who allegedly stole investment funds from his clients, was arraigned April 28 in federal court on an indictment for mail fraud, wire fraud, money laundering and failure to file tax returns. A federal grand jury indicted Kessler on March 12.
According to the indictment and other court records, Kessler allegedly failed to file federal income tax returns for tax years 2014 through 2017. Kessler operated as a financial advisor and investment broker under the business name Guardian Group Investments, LLC. From on or about Feb. 26, 2016, to Aug. 23, 2016, Kessler allegedly used his position to induce investors into providing him access to investment funds that he diverted to his own benefit and use. Kessler allegedly placed investors’ funds into a business savings account, which is specifically prohibited by New Mexico securities regulations. On several occasions, Kessler moved funds from that account into his personal checking account.
Kessler allegedly fraudulently converted over $123,000 from four victims. Kessler allegedly did not provide the victims with documentation of their investments that would have shown that their money had not been invested as they were told. Kessler allegedly used money from certain victims to pay others to conceal the fraud.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Kessler faces up to 20 years in prison.
IRS Criminal Investigation investigated this case. Assistant U.S. Attorney Paul Schied is prosecuting the case.
Las Cruces man pleads guilty to cyberstalking and ramming gates at White SandsRead the Press Release
ALBUQUERQUE, N.M. – Anthony Clark Davila Garza, 39, of Las Cruces, New Mexico, pleaded guilty in federal court on April 6 to cyberstalking and destruction of government property.
According to the plea agreement and other court records, on April 1, 2018, Davila Garza used a vehicle to ram and severely damage metal entry gates at White Sands Missile Range, a United States Army facility in Doña Ana County, New Mexico. Davila Garza also admitted in his plea that on Aug. 19, 2019, he posted a threat on Facebook, making specific reference to certain individuals. When one of the individuals responded to ask why Davila Garza would make such a threat, Davila Garza contacted the individual by making a voice call through Facebook’s Messenger feature and reiterated the threat.
Davila Garza faces up to five years in prison for cyberstalking and up to ten years for destruction of government property. He will remain in custody pending sentencing, which has not been scheduled.
The FBI investigated this case. Assistant U.S. Attorney Aaron O. Jordan is prosecuting the case.
Man from Mescalero sentenced to 18 months in federal prison for threating federal officials in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Thaddeus Ponce, 58, of Mescalero, New Mexico, an enrolled member of the Mescalero Apache Tribe, was sentenced in federal court on April 15 to 18 months in prison for influencing federal officials by threat.
Ponce pleaded guilty to this offense on Feb. 5, 2021. According to the plea agreement, Ponce admitted to calling the Bureau of Indian Affairs’ (BIA) emergency dispatch multiple times from Aug. 10, 2019, to Oct. 7, 2019, in Otero County, New Mexico. Ponce threatened to kill federal dispatch operators and their families during numerous recorded calls. The BIA dispatch center is located on the Mescalero Reservation.
Upon his release from prison, Ponce will be subject to three years of supervised released.
The Bureau of Indian Affairs (BIA) investigated this case. Assistant U.S. Attorney Aaron O. Jordan is prosecuting the case.
Former Supervisory U.S. Border Patrol Agent sentenced to 15 years in federal prison for production of child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Jason Christopher Davis, 48, of Las Cruces, New Mexico, was sentenced in federal court on April 7 to 15 years in prison for production of child pornography. Davis pleaded guilty on Oct. 3, 2018.
According to Davis’ guilty plea and other court records, on May 17, 2015, Davis produced a pornographic video of a five-year-old child and uploaded the video onto his laptop computer. At the time of the offense, Davis was employed as a Supervisory U.S. Border Patrol Agent.
Upon his release from prison, Davis will be subject to 20 years of supervised release and will be required to register as a sex offender.
The Las Cruces office of Homeland Security Investigations, the Office of Inspector General of the U.S. Department of Homeland Security, and the Las Cruces Police Department investigated this case with assistance from the Office of Professional Responsibility of the U.S. Customs and Border Protection, the Management Inquiry Team of the U.S. Border Patrol, the FBI, and the New Mexico Attorney General’s Office.
Assistant U.S. 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 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 information about Project Safe Childhood, please visit justice.gov/psc. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437 or Homeland Security Investigations at 1-866-DHS-2-ICE.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Navajo man pleads guilty to involuntary manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE – Lowell Begay, 38, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on April 16 to involuntary manslaughter in Indian Country.
A grand jury indicted Begay and co-defendant Jerry Armenta on July 25, 2019. According to the plea agreement and other court records, Begay committed the offense on Sept. 11, 2018, in San Juan County, New Mexico, on the Navajo Nation. Begay was intoxicated and recklessly handling a loaded firearm when he accidently fired it and killed a woman. In the plea agreement, Begay admitted his unlawful actions were without due caution and circumspection and with a wanton and reckless disregard for human life, and that he knew and should have known that his conduct imperiled the lives of others.
Armenta pleaded guilty on Sept. 19, 2019, to being a felon in possession of a firearm and ammunition. On March 23, 2020, Armenta was sentenced to 18 months in prison and three years of supervised release.
Begay will remain in custody pending sentencing. He faces up to 8 years in prison.
The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Shiprock office of the Navajo Nation Division of Public Safety and the Navajo Nation Police Department. Assistant U.S. Attorneys David Cowen and Allison Jaros are prosecuting the case.
Enrolled member of the Navajo Nation sentenced to six years in federal prison for assault with a dangerous weapon in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Steven Barbone, 38, of To’hajiilee, New Mexico, and an enrolled member of the Navajo Nation, was sentenced to six years and four months in prison on April 12 for assault with a dangerous weapon in Indian Country.
Barbone pleaded guilty to this offense on May 12, 2020. According to the plea agreement and other court documents, in Sept. 2019, Barbone arrived under the influence of alcohol at his estranged wife’s home on the Navajo Nation and held Jane Doe against her will for two days. Barbone admitted to punching Jane Doe and using a taser to cause bodily harm. At some point, Barbone injected Jane Doe with methamphetamine under threat and without her consent. Jane Doe was hospitalized for three days to treat and recover from her injuries.
Upon his release from prison, Barbone will be subject to three years of supervised release.
The Albuquerque Field Office of the FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Fredrick T. Mendenhall prosecuted the case.
Man from Albuquerque pleads guilty to federal bank robbery chargeRead the Press Release
ALBUQUERQUE, N.M. – Dagoberto Ruiz, 25, of Albuquerque, pleaded guilty in federal court on April 7 to bank robbery.
A grand jury indicted Ruiz on June 11, 2019. In the plea agreement and other court documents, Ruiz admitted to entering a bank in Albuquerque on May 20, 2019, and robbing it using a demand note. After the teller handed Ruiz a bag of money, Ruiz left the bank, but was later located and arrested by law enforcement.
Ruiz will remain in custody pending sentencing. Ruiz faces 20 years in prison for this offense.
The FBI investigated this case. Assistant U.S. Attorney Presiliano Torrez is prosecuting the case.
Navajo man sentenced to five years in prison for assaulting a child in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Kevin Ernest Lewis, 32, from Crownpoint, New Mexico, and an enrolled member of the Navajo Nation, was sentenced April 12, 2021, in federal court to five years in prison for assault of a minor resulting in substantial bodily injury in Indian Country.
Lewis pleaded guilty on Feb. 5, 2020. In his plea, Lewis admitted to hitting his then-girlfriend while she was holding their four-month-old child. During the attack, Lewis knocked the child onto the ground, causing the infant to suffer a skull fracture and intracranial bleeding. The crime occurred on the Navajo Nation in McKinley County, New Mexico.
Upon his release from prison, Lewis will be subject to three years of supervised release.
The Navajo Nation Tribal Police Department investigated this case. Assistant U.S. Attorney Allison C. Jaros prosecuted this case.
Man from Shiprock sentenced to 15 years in federal prison for second-degree murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Tavor Tom, 20, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, was sentenced in federal court on April 7 to 15 years in prison for second-degree murder in Indian Country.
Tom pleaded guilty to this offense on Nov. 24, 2020. According to the plea agreement and other documents, on July 1, 2019, Tom drove to his aunt’s house and stabbed her to death in in San Juan County, New Mexico, on the Navajo Nation. Tom stole the victim’s vehicle and drove to a nearby Walmart to steal dextromethorphan, a cough suppressant. Tom was later arrested by law enforcement after crashing into a fence outside a church while under the influence of dextromethorphan.
Upon his release from prison, Tom will be subject to three years of supervised release.
The Farmington Resident Agency of the FBI’s Albuquerque Field Office and the Navajo Nation Police Department investigated this case. Assistant U.S. Attorney Joseph Spindle prosecuted the case.
Albuquerque woman pleads guilty, sentenced to probation for violating Migratory Bird Treaty ActRead the Press Release
ALBQUERQUE, N.M. – Ruth Grande Olguin, 55, of Albuquerque, pleaded guilty in federal court on April 6 to three counts of violating the Migratory Bird Treaty Act. Grande Olguin was sentenced to one year of probation.
In the plea agreement, Grande Olguin admitted that on April 27, 2019, she unlawfully possessed feathers and other parts of the crested caracara. She also admitted that on May 22, 2019, she unlawfully possessed sharp-shinned hawk feathers as well as feathers and other parts of the crested caracara. Finally, Grande Olguin admitted that on November 12, 2019, she unlawfully possessed feathers and other parts of the crested caracara. Both birds are protected under the Migratory Bird Treaty Act. On each occasion, Grande Olguin was in possession of the feathers and other parts in Bernalillo County, New Mexico. These laws prohibit the possession, use, and sale of the feathers or other parts of federally-protected birds, as well as the unauthorized killing of these birds, to help ensure that the caracara, hawk, and other bird populations remain healthy and sustainable.
As part of her plea agreement, Grande Olguin agrees to pay a fine of $2,000 payable to the North American Wetlands Conservation Fund Account. Grand Olguin forfeits any interest in feathers, parts, and products thereof, of bald eagles, golden eagles, sharp-shinned hawks, American kestrels, greater roadrunners, red-tailed hawks, northern flickers, white-winged doves, crested caracaras, Cooper’s hawks, barred owls, turkey vultures, and a falcon seized during the course of the investigation of this case.
The case was investigated by the U.S. Fish and Wildlife Service with assistance from the New Mexico Department of Game and Fish. The case is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
The U.S. Fish and Wildlife Service is the principal federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 545 national wildlife refuges as well as thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 fishery resources offices and 81 ecological services field stations. The agency enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign and Native American tribal governments with their conservation efforts.
Man from Ranchos de Taos sentenced to 12 years in federal prison for carjackingRead the Press Release
ALBUQUERQUE, N.M. – Tranquilino Valencia, 37, of Ranchos de Taos, New Mexico, was sentenced in federal court on April 7 to 12 years in prison for carjacking.
Valencia pleaded guilty on May 28, 2020. According to the plea agreement, on Oct. 13, 2017, Valencia approached a group of campers at the Dalton Canyon Campground in San Miguel County, New Mexico, and carjacked one of the members at gunpoint. Valencia pointed his firearm at the victim and demanded his car keys, wallet and cellphone. Before driving off, Valencia fired a shot over the victim’s head and stole $50 before throwing the wallet out of the car window.
The Albuquerque Field Office of the FBI and the New Mexico State Police investigated this case. Assistant U.S. Attorney Samuel A. Hurtado prosecuted the case.
Gallup man charged with possession and distribution of child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Ervinson Yazzie, 30, of Gallup, New Mexico, was charged in federal court on April 7 with receipt, possession and distribution of child pornography. Yazzie was ordered to remain in custody pending release to a halfway house.
According to a criminal complaint, on Oct. 10, 2018, the New Mexico Attorney General’s Office received a CyberTipline report from the National Center for Missing and Exploited Children, which alleged that Yazzie had used Facebook to send child pornography to another Facebook user. The investigation that followed revealed that Yazzie allegedly had sent additional child pornography files through Facebook and possessed more child pornography on a computer hard drive.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Yazzie faces a minimum of five years and up to 20 years in prison.
The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the New Mexico Attorney General’s Office and the New Mexico Regional Computer Forensics Lab. Assistant U.S. Attorney Sarah J. Mease is prosecuting the case.
Navajo man sentenced to 12 years in prison for manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Joshua Gutierrez, 22, an enrolled member of the Navajo Nation, was sentenced April 7 in federal court to 12 years in prison for voluntary manslaughter involving the use of a firearm in Indian Country.
Gutierrez pleaded guilty Oct. 15, 2020. According to the plea agreement and other court documents, on March 29, 2020, while visiting the home of his girlfriend and her father, Gutierrez was awakened by an argument. He armed himself with a handgun, walked toward the room where the argument was taking place, and passed one of the men involved in the argument. As they passed each other, the man swung at Gutierrez, and Gutierrez shot the man in the chest, killing him. Gutierrez then pointed the gun at two other people and threatened to shoot them if they did not leave. The incident took place in To’hajiilee, New Mexico, on the Navajo Nation. In his plea, Gutierrez waived any claim of self-defense.
Upon his release from prison, Gutierrez will be subject to three years of supervised release.
The FBI investigated this case with assistance from Navajo Nation Police Department and the Navajo Nation Department of Criminal Investigation. Assistant U.S. Attorney Allison Jaros prosecuted the case.
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Navajo man pleads guilty to second degree murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Simeon Atcitty, 38, of Shiprock, New Mexico, pleaded guilty in federal court today to second degree murder in Indian Country.
A grand jury indicted Atcitty on Sept. 10, 2020. According to the indictment and other court records, on or about June 19, 2020, Atcitty had been drinking with the victim, identified as John Doe, at Atcitty’s home in San Juan County, New Mexico, on the Navajo Nation. Atcitty was angered by something Doe said and struck Doe in the head and the chest until Doe was seriously injured and was no longer moving. Atcitty then wrapped up Doe’s body and left the home. Law enforcement discovered Doe’s body about a week later.
Atcitty is currently in custody pending sentencing. He faces up to life in prison.
The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.
Navajo Nation member pleads guilty to sexual abuse of a minor in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Jeremiah Elijah Jim, 31, of Teec Nos Pos, Arizona, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on April 5, to an information charging him with aggravated sexual abuse of a minor in Indian Country.
In his plea agreement, Jim admitted that on or about June 3, 2019, he threatened John Doe, a child younger than 16, with serious bodily injury and sexually abused him. The abuse took place in Shiprock, New Mexico, on the Navajo Nation.
Jim is currently in custody pending sentencing, which has not yet been scheduled. By the terms of the plea agreement, Jim faces between 14 and 24 years in prison.
Jim’s co-defendant, Bryan Bull, remains in custody pending trial, which is currently scheduled for May 10, 2021. According to the indictment, filed on Sept. 10, 2020, Bull and Jim were charged with four counts of aggravated sexual abuse and two counts of abusive sexual contact.
The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
Albuquerque woman pleads guilty to federal firearm and drug chargesRead the Press Release
ALBUQUERQUE, N.M. – Elisha Muller, 36, of Albuquerque, pleaded guilty in federal court on April 7 to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking offense.
A grand jury indicted Muller on Sept. 10, 2020. According to the plea agreement, Muller was arrested on Aug. 20, 2020, after law enforcement received information that she was selling drugs and executed a search warrant at her apartment in Albuquerque. Officers discovered three firearms, ammunition, 15 grams of methamphetamine, 5 grams of heroin and $1,800 in her apartment. Muller admitted to selling drugs and keeping drug sale ledgers of her transactions that officers also found at her apartment.
Muller is currently in custody and faces 20 years in prison for these offenses.
The FBI Violent Crimes Task Force and the Bernalillo County Sheriff’s Office investigated this case. Assistant U.S. Attorney Sarah Mease is prosecuting the case.
Woman from Zuni Pueblo sentenced to 41 months in federal prison for assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Kirsten Sandy, 38, and an enrolled member of the Pueblo of Zuni, was sentenced in federal court on April 1 to 41 months in prison for assault resulting in serious bodily injury in Indian Country.
Sandy pleaded guilty to the offense on Feb. 5, 2020. In her plea agreement, Sandy admitted to stabbing John Doe on May 1, 2014, in McKinley County, New Mexico, on the Zuni Pueblo. Sandy stabbed John Doe in the chest, causing severe lacerations and damaging the victim’s heart. As a result of the assault, the victim needed immediate open-heart surgery to save his life.
The Zuni Police Department investigated this case. Assistant U.S. Attorneys Nicholas Marshall and Allison Jaros prosecuted the case.
Member of the Isleta Pueblo pleads guilty to federal assault chargeRead the Press Release
ALBUQUERQUE, N.M. – Stephen Johnson, 35, of the Pueblo of Isleta, pleaded guilty in federal court today to domestic assault by a habitual offender in Indian Country.
A grand jury indicted Johnson on Sept. 10, 2020. In his plea agreement, Johnson admitted to committing the offense on the Pueblo of Isleta on July 1, 2019. Johnson assaulted Jane Doe 2, his girlfriend at the time, after he had returned home from drinking. While Jane Doe 2 was packing her belongings to leave, Johnson threw a child’s chair at her, hitting her and bouncing off her and hitting Jane Doe 1 on the head, causing a small laceration above Jane Doe 1’s eyebrow.
Johnson is currently in custody pending sentencing. He faces up to five years in prison.
The Isleta Police Department investigated this case. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.
Zuni man charged with murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Brodie Coonsis, 27, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, appeared in federal court April 1 where he was charged with murder in Indian Country. Coonsis will remain in custody pending a detention hearing scheduled for April 5.
According to a criminal complaint, on Feb. 26 Coonsis allegedly drove his truck to the victim’s home on the Pueblo of Zuni reservation. Coonsis allegedly approached the victim’s door with a firearm and knocked at the door. After the victim answered, Coonsis allegedly shot the victim in the back, then shot him three more times.
A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Coonsis faces life in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from Zuni Tribal Police. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.
Previously convicted felon pleads guilty to federal firearm charge after shooting rifle out of apartment window near Albuquerque High SchoolRead the Press Release
ALBUQUERQUE, N.M. – Roy Thundercloud, 38, of Albuquerque, plead guilty in federal court on March 26, to being a felon in possession of a firearm and ammunition.
According to public court records, Thundercloud fired several shots from a rifle out of his apartment window near Albuquerque High School on May 31, 2020. Thundercloud also tried to dispose of the rifle shell casings by throwing them in the apartment complex’s dumpster. Thundercloud eventually surrendered after police responded to the scene to secure the area and detain him.
Thundercloud could not lawfully possess the rifle or ammunition based on previous felony convictions for possession with intent to distribute marijuana, burglary and aggravated driving while intoxicated.
Thundercloud is currently in custody pending sentencing. He faces up to 10 years in prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives Task Force and Albuquerque Police Department investigated this case. Assistant U.S. Attorney Sarah Mease is prosecuting the case.
Woman from Santa Fe pleads guilty to assaulting a minor in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Brittany Huizar, 20, of Santa Fe, New Mexico, pleaded guilty in federal court on March 31 to a charge of assault resulting in substantial bodily injury in Indian Country.
A grand jury indicted Huizar on Nov. 4, 2020. According to the indictment, on Dec. 31, 2019, Huizar and eight other individuals assaulted a child, who is an enrolled member of the Nambe Pueblo, multiple times before the child was able to escape. The assault began at Valdez Park on the Santa Clara Pueblo.
Huizar faces up to 5 years in prison.
The Santa Fe Resident Agency of the FBI investigated this case with assistance from the New Mexico State Police and the Espanola Police Department. Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.
San Felipe Pueblo man pleads guilty to two counts of assault with a dangerous weaponRead the Press Release
ALBUQUERQUE, N.M. – Emery Garcia, 36, of the San Felipe Pueblo, pleaded guilty in federal court on March 29 to two counts of assault with a dangerous weapon in Indian Country.
A grand jury indicted Garcia on Nov. 17, 2020. In his plea agreement, Garcia admitted to committing the offense on the San Felipe Pueblo in Sandoval County, New Mexico, on Oct. 8, 2020, assaulting John Doe 1 and John Doe 2 with a board, specifically a piece of 2x4 lumber, with the intent to do bodily harm. Garcia attempted to enter a home through a window and attacked John Doe 1, a minor, with the board when John Doe 1 tried to stop Garcia. Garcia then struck John Doe 2, who attempted to intervene.
Garcia is currently in custody pending sentencing. He faces five to seven years in prison.
The FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Prison healthcare company agrees to $215,000 settlement relating to Controlled Substances Act claimsRead the Press Release
ALBUQUERQUE, N.M. – Acting U.S. Attorney for the District of New Mexico Fred J. Federici has announced that Centurion Correctional Healthcare New Mexico has agreed to a $215,000 settlement relating to civil claims brought by the Department of Justice on behalf of the United States Drug Enforcement Administration (DEA).
Centurion provides healthcare in prisons in several states. For each facility where Centurion provides healthcare, the DEA issues a registration authorizing Centurion to purchase and distribute controlled substances under the Controlled Substances Act (CSA).
At issue in the civil claim was activity relating to Centurion’s registration for Northeast New Mexico Detention Facility (NENMDF), which expired on October 31, 2019. In its claim, the government contended that Centurion continued to acquire and dispense controlled substances after the expiration of the authorization granted through Centurion’s DEA registration at NENMDF. This activity allegedly continued through November 25, 2019, when another company assumed care for inmates at the facility.
The government also contended that Centurion abandoned its remaining stock of controlled substances and failed to maintain proper records for controlled substances in violation of the terms of the CSA.
By the terms of the settlement, Centurion agrees to pay $215,000 and the government, upon receipt of the settlement amount, releases Centurion from any civil or administrative monetary claim the United States has for the covered conduct under the CSA. Centurion admits no liability or wrongdoing.
“This settlement strengthens our enforcements efforts with regards to the Controlled Substances Act,” said Acting U.S. Attorney Federici. “The Office of the U.S. Attorney plays a vital role in upholding accountability among those authorized by the government to dispense controlled substances. Such authorization conveys a substantial level of trust, and that trust can only be maintained through strict compliance.”
“Everyone must do their part to ensure that prescription medications are not misused and abused,” said Kyle W. Williamson, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “The law requires that registrants do so, and DEA will continue to scrutinize and investigate those entities that fail to comply with the rules set forth in the Controlled Substance Act.”
Assistant U.S. Attorney Ruth F. Keegan represented the United States in the settlement agreement.
Navajo woman pleads guilty to abandonment and abuse of a child resulting in deathRead the Press Release
ALBUQUERQUE, N.M. – Tonya Mae Dale, 28, of the Navajo Nation, NM, pleaded guilty in federal court on March 24 to a charge of involuntary manslaughter in Indian Country.
A grand jury previously returned an indictment against Dale on Sept. 25, 2019. According to the indictment and other court records, Dale committed the offense in San Juan County on or about June 26, 2019. In her plea, Dale admitted to driving while intoxicated with her children in the vehicle, and her intoxication contributed to her vehicle becoming stuck. The next day Dale decided to leave her vehicle and began walking. At some point, she decided to leave her children, a baby and a young child, and seek help on her own. When she returned with assistance to the location she had left her kids, only the baby was still there. The other child had wandered away and was found deceased the next day.
Dale is currently in custody pending sentencing. She faces up to eight years in prison.
The FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.
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Crownpoint man charged with two counts of aggravated sexual abuseRead the Press Release
ALBUQUERQUE, N.M. – Emerson Pinto, 58, of Crownpoint, New Mexico, and an enrolled member of the Navajo Nation, made his initial appearance in federal court on March 29 on an indictment charging him with two counts of aggravated sexual abuse in Indian Country. Pinto will remain in custody pending an arraignment scheduled for March 31.
v Pinto was indicted by a federal grand jury on March 12. According to the indictment, between on or about Sept. 1, 2009 and Oct. 31, 2009, Pinto allegedly engaged in and attempted to engage a sexual act with Jane Doe 1 and Jane 2. At the time of the offense, the victims were both under the age of 12. The alleged incident occurred on the Navajo Nation.
If convicted, Pinto faces up to life in prison. An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty.
The FBI investigated this case with assistance from Navajo Nation Police Department. Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.
Albuquerque tax preparer charged with fraudulent returnsRead the Press Release
ALBUQUERQUE, N.M. – Solomon Gbara, 47, of Albuquerque, was arraigned in federal court today, on a 13-count indictment for aiding and assisting in the preparation and presentation of false and fraudulent income tax returns. A federal grand jury indicted Gbara on March 12.
According to the indictment, from Feb. 10, 2015, through March 13, 2017, Gbara allegedly assisted in the preparation and presentation of individual income tax returns (IRS Form 1040) that included claims Gbara knew were false. These misrepresentations included claims for dependents and Schedule C businesses to which the taxpayers were not entitled under the provisions of internal revenue laws.
If convicted, Gbara faces a sentence of up to three years in prison for each count of the indictment. An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty.
IRS Criminal Investigation investigated this case. Assistant U.S. Attorney Jeremy Peña is prosecuting the case.
Albuquerque company agrees to $240,000 settlement relating to Controlled Substances Act claimsRead the Press Release
ALBUQUERQUE, N.M. – Acting U.S. Attorney for the District of New Mexico Fred J. Federici has announced that Albuquerque Health Services (AHS) has agreed to a $240,000 settlement relating to civil claims brought by the Department of Justice on behalf of the United States Drug Enforcement Administration (DEA).
AHS operates medication assisted treatment facilities that dispense controlled substances to consumers. Each AHS clinic is separately registered with the DEA and authorized to dispense controlled substances pursuant to the provisions of the Controlled Substances
Act (CSA).
At issue in the civil claim was the registration of one of AHS’s clinics in Albuquerque, which expired June 30, 2019, and was not reinstated until August 12, 2019. The government contended that the clinic nonetheless continued to dispense methadone, a schedule II controlled substance, to patients during the period the DEA registration had lapsed.
By the terms of the settlement, AHS agrees to pay $240,000 and the government releases AHS from any civil or administrative monetary claim the United States has for the covered conduct under the CSA. AHS admits no liability or wrongdoing.
“We are pleased to reach agreement that reinforces the need for compliance with the terms of the Controlled Substances Act,” said Acting U.S. Attorney Federici. “When the United States grants any entity authorization by law we have an obligation to ensure that the responsibilities and requirements on which that authority is contingent are fulfilled and that the limits of that authority are not exceeded.”
“The rules and regulations set forth in the Controlled Substance Act are in place for a reason,” said Kyle W. Williamson, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “The latest CDC overdose death statistics are a grim reminder that registrants must do their part to keep our communities safe and healthy. Through our oversight responsibilities, DEA will ensure that registrants comply with the law.”
Assistant U.S. Attorney Ruth F. Keegan represented the United States in the settlement agreement.
Man from California sentenced to 14 months for illegal possession of credit card making devices and counterfeit cardsRead the Press Release
ALBUQUERQUE, N.M. – Paul Osborne, 62, of Victorville, California, was sentenced on March 24 in federal court in Santa Fe to 14 months in prison for crimes that affected interstate commerce with intent to defraud. Osborne pleaded guilty on June 23, 2020.
According to his plea agreement and other court records, Osborne was in possession of devices used for the manufacture of counterfeit credit cards and counterfeit credit cards. On November 3, 2015, Osborne was a passenger in a vehicle traveling on I-40 that was stopped by New Mexico State Police (NMSP) for erratic driving. After the occupants consented to a search of the vehicle, officers found inside a credit card imprinter, a credit card embosser, a credit card reader, and over fifteen credit or debit cards. Subsequent investigation revealed that the credit card numbers were associated with other people throughout the United States. In his plea agreement, Osborne admitted to possessing those items with the intent to defraud.
Upon his release from prison, Osborne will be subject to three years of supervised release.
The New Mexico State Police investigated this case. Assistant U.S Attorney Frederick T. Mendenhall prosecuted the case.
Zuni man pleads guilty in federal court to sexual abuse of a child in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Byron Calavaza, 33, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, pleaded guilty March 23 in federal court to four counts of committing sexual abuse of a minor in Indian Country.
According to the plea agreement, Calavaza sexually abused the victim between Dec. 25, 2017, and Jan. 21, 2018, at a home on the Pueblo of Zuni. Calavaza admitted in the plea agreement to committing intentional and unlawful sexual abuse of the victim, who was between the age of twelve and fifteen, with the intent to gratify his sexual desires.
Calavaza is currently in custody awaiting sentencing. He faces five years in prison under the terms of his plea agreement. Additionally, should the court accept the plea agreement, Calavaza will be required to register as a sex offender upon his release from prison.
The Zuni Police Department investigated the case. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
Federal jury convicts SNM gang member of murder, racketeering and firearm possessionRead the Press Release
ALBQUERQUE, N.M. – A federal jury in Albuquerque returned guilty verdicts on March 16, convicting Jody Rufino Martinez, 41, of Truchas, New Mexico, of murder, participation in a Racketeering Influenced and Corrupt Organizations (“RICO”) conspiracy, and being a felon in possession of a firearm and ammunition for conduct related to the Syndicato de Nuevo Mexico (“SNM”) prison gang. The jury acquitted Martinez on one count of witness tampering.
According to public court records, Martinez has been a member and self-identified “soldier” of the SNM prison gang since 1998. Martinez has committed numerous violent crimes on behalf of the SNM since joining the gang. These crimes included the murder of a victim on Dec. 5, 2008 in Rio Arriba County for failing to deliver drugs to an SNM gang member. On Oct. 24, 2018, Martinez knowingly possessed a firearm and ammunition when he shot a victim at a residence in Santa Fe County as retaliation for supposedly disrespecting the SNM. As a previously convicted felon, Martinez cannot legally possess a firearm or ammunition.
Martinez is currently in custody awaiting sentencing. He faces a mandatory life sentence for the murder conviction, and a sentence of up to life on the RICO conspiracy conviction.
The FBI, New Mexico State Police, Santa Fe County Sheriff’s Office and the New Mexico Department of Corrections investigated this case. Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting the 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.
Former New Mexico Taxation and Revenue employee indicted for wire fraud, identity theft, money launderingRead the Press Release
ALBUQUERQUE, N.M. – George Martinez, 45, of Albuquerque, made an initial appearance in federal court today, charged in an indictment with 42 counts of wire fraud, six counts of money laundering and 42 counts of identity theft. An arraignment is scheduled for March 19. A federal grand jury indicted Martinez on March 12.
According to the indictment, from May 18, 2011, through July 16, 2018, Martinez allegedly used his position as the Unit Supervisor/Bureau Chief of the Questionable Refund Unit at the New Mexico Taxation and Revenue Department to fraudulently alter tax refunds and direct them to bank accounts that he controlled.
“When officials who are responsible for collecting taxes corruptly manipulate the system for their own benefit, it undermines the public’s confidence in all aspects of government,” said Acting United States Attorney Fred J. Federici III. “Fraud involving the tax system, as alleged in this indictment, deprives the State of needed revenues and increases the tax burden on all law-abiding New Mexicans. The prosecution of corrupt public officials is a high priority for the U.S. Attorney’s Office.”
“Public service is an honor and a privilege; use of that service to benefit one's self at the expense of the people undermines the trust of the people,” said Scott A. Rago, Acting Special Agent in Charge of the FBI Albuquerque Field Office. “To restore that trust, the FBI and IRS Criminal Investigation worked closely to bring the defendant to justice, sending a clear message that the breach of public trust will not be tolerated.”
“These charges should assure New Mexico residents that public servants will be investigated and charged for any alleged criminal activity,” stated IRS-Criminal Investigation Special Agent in Charge Ismael Nevarez Jr. “Everyone who holds a position of trust must be held to the highest standard.”
An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Martinez faces a minimum of two years and up to 22 years in prison.
The FBI Albuquerque Field Office and the IRS Criminal Investigation Phoenix Field Office investigated this case with assistance from the New Mexico Taxation and Revenue Department’s Tax Fraud Investigations Division. Assistant U.S. Attorney Paul Schied is prosecuting the case.
Man from Smith Lake charged with murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Eric Garcia, 40, of Smith Lake, New Mexico, and an enrolled member of the Navajo Nation, was charged on March 15 in federal court with murder committed in Indian Country. Garcia will remain in custody pending a detention hearing scheduled for March 17.
According to a criminal complaint, on March 9, Garcia allegedly quarreled with the victim, identified in court records as John Doe, at a residence in McKinley County on the Navajo Nation. Garcia allegedly stabbed Doe in his chest, neck and abdominal area and fled. Doe died at the scene as a result of the attack. Navajo Police later located and arrested Garcia at his residence.
A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Garcia faces up to life in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigation. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Navajo man charged with murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Jameson Begaye, 41, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, made an initial appearance on March 12 in federal court, charged with murder committed in Indian Country. Begaye will remain in custody pending a detention hearing scheduled for March 16.
According to a criminal complaint, on March 7, Begaye allegedly shot and killed a victim, identified in court records as John Doe, following an altercation at a residence near Shiprock on the Navajo Nation. On March 8, investigators located Begaye, who was arrested after a law enforcement pursuit. During the pursuit, Begaye allegedly threw a handgun from his vehicle. Investigators later retrieved the handgun and found a rifle and unspent rounds of ammunition inside the vehicle.
A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Begaye faces up to life 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. Assistant U.S. Attorney Elisa Dimas is prosecuting the case.
Mescalero man sentenced to two years in prison for assaultRead the Press Release
ALBUQUERQUE, N.M. – Edmond Andrew Yahnahki Shanta, 23, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, was sentenced on March 3 in federal court to two years and four months in prison for assault resulting in serious bodily injury in Indian Country. Shanta pleaded guilty to the crime on June 4, 2020.
According to his plea agreement, Shanta assaulted the victim on July 13, 2019, in Otero County, New Mexico, on the Mescalero Apache Reservation. Shanta struck the victim in the face with a rock causing a deep cut and several fractures. After being airlifted to a Level 1 Trauma Center in El Paso, Texas, the victim needed surgery and four days of medical care for injuries sustained in the assault.
Upon his release from prison, Shanta will be subject to two years of supervised release.
The FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S Attorney Aaron O. Jordan is prosecuting the case.
Pojoaque man sentenced to probation for drunk driving in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Samuel Fletcher, 72, an enrolled member of the Pueblo of Pojoaque, was sentenced on March 8 in federal court to six months of probation after pleading guilty to driving under the influence of alcohol in Indian Country.
According to the plea agreement and other court records, on July 6, 2020, Fletcher had six beers before leaving the Camel Rock Casino to drive home. Police found Fletcher parked across two spaces at a travel center, with a half-empty can of beer in his cupholder and a full can on the floorboard of his vehicle. Fletcher was asked to submit to a field sobriety test, but admitted that he could not balance due to his inebriated state. A portable breath test confirmed Fletcher’s inebriation. The offense occurred on the Pojoaque and Nambe Pueblos in Santa Fe County, New Mexico.
In addition to probation, Fletcher also must use an ignition interlock system, attend and complete a Victim Impact Panel and DWI School, complete eight hours of community service and undergo random alcohol and drug screenings.
The Bureau of Indian Affairs investigated this case. Assistant U.S. Alexander Flores is prosecuting the case.
Former City Councilor from Española pleads guilty to stolen firearm chargeRead the Press Release
ALBUQUERQUE, N.M. – Phillip Chacon, 39, of Española, pleaded guilty on Feb. 26 in federal court for possession of a stolen firearm.
According to the plea agreement, on March 21, 2020, law enforcement arrived at Chacon’s residence to execute a search warrant for an unrelated charge when they saw Chacon outside his house holding several firearms. Chacon was ordered to put down the firearms and walk towards the officers. Instead, Chacon dropped the firearms and ran inside the house where he remained for several hours. Eventually, Chacon came out and was arrested. One of the firearms discovered by law enforcement at the residence was a stolen rifle, which Chacon knowingly possessed.
Chacon is currently in custody pending sentencing. He faces up to 10 years in prison.
The Santa Fe Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Española Police Department. Assistant U.S. Attorney Robert I. Goldaris is prosecuting this case.
Mescalero man sentenced to a year and a half in prison for assault with a dangerous weaponRead the Press Release
ALBUQUERQUE, N.M. – Samuel Joseph Chee, 26, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, was sentenced in federal court today to a year and a half in prison for assault with a dangerous weapon. Chee pleaded guilty on Oct. 8, 2020.
In his plea agreement, Chee admitted that on Jan. 4, 2020, he assaulted a victim, identified in court records as Jane Doe, with a knife. Jane Doe, also an enrolled member of the Mescalero Apache Tribe, suffered multiple lacerations to both arms and one thumb and required emergency medical treatment. The assault occurred on the Mescalero Apache Reservation in Otero County, New Mexico.
Upon his release from prison, Chee will be subject to three years of supervised release.
The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Aaron O. Jordan prosecuted the case.