District of New Mexico
Press releases recorded for this federal judicial district.
Navajo man charged in stabbing in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Jamieson C. Mason, 28, of Upper Fruitland, New Mexico, and an enrolled member of the Navajo Nation, waived his preliminary hearing in federal court today on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. Mason will remain in custody pending trial.
According to a criminal complaint, on Oct. 8, Mason allegedly was present at a residence for a birthday party, remaining mostly outside while others were inside preparing food. Mason allegedly entered the residence, approached the victim, who was sitting on a couch, pushed her torso forward and stabbed her in the back multiple times. Mason then reportedly fled the home.
The assault took place on the Navajo Nation. The victim, who is also an enrolled member of the Navajo Nation, required treatment for her wounds at San Juan Regional Medical Center.
If convicted, he faces up to 10 years in prison for each charge. A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty
The Farmington Office of the FBI and the Navajo Police Department investigated this case. Assistant U.S. Attorney Alexander F. Flores is prosecuting the case.
Man sentenced to 21 months in prison for impersonating a Border Patrol agentRead the Press Release
ALBUQUERQUE, N.M. – James Christopher Benvie, 45, was sentenced to 21 months in prison in Las Cruces on Oct. 15 on two counts of false personification of a Border Patrol agent.
A federal jury previously returned a guilty verdict towards Benvie on March 3. According to public court records and evidence at trial, Benvie was a leader and spokesperson for a group of vigilantes who established a “camp” at the Southwest border in Doña Ana County, New Mexico. Many members of the group wore badges, camouflage and other military-style clothing, often covered their faces with masks, and carried pistols and assault rifles. Benvie misrepresented himself as a Border Patrol Agent when stopping immigrants he suspected of crossing into the United States illegally.
The evidence at trial showed Benvie and other group members stopped six women and children from El Salvador on April 15, 2019, without any legitimate law enforcement authority. Benvie misrepresented himself as a Border Patrol agent and interrogated the immigrants before turning them over to actual Border Patrol agents. On April 17, 2019, Benvie stopped four adults and three children shortly after they crossed the border. Benvie ordered these immigrants to “stop” while misrepresenting himself as “Border Patrol.” Benvie later directed these immigrants to move toward the truck of another member of the group for further interrogation before eventually turning them over to Border Patrol.
Upon his release from Prison, Benvie will be subject to one year of supervised release.
The FBI and U.S. Border Patrol investigated this case. Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting the case.
Mexican citizen sentenced to six years for smuggling firearms out of the United StatesRead the Press Release
ALBUQUERQUE, N.M. – Genovevo Alvarez-Ronquillo, 55, of Las Cruces, New Mexico, was sentenced to six and a half years in prison on Oct. 13 for fraudulently purchasing firearms in the United States and smuggling them to Mexico for resale. In December 2019, a federal jury returned a guilty verdict against Alvarez-Ronquillo, a citizen of Mexico with legal residence in the United States.
On March 6, 2019, the owner of a Las Cruces pawnshop alerted agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that Alvarez-Ronquillo recently had purchased multiple firearms. Records showed that Alvarez-Ronquillo crossed the border near the dates of those transactions. Records recovered from two pawnshops in Las Cruces revealed that Alvarez-Ronquillo had purchased 33 firearms between June 21, 2018, and Feb. 26, 2019.
On March 18, 2019, agents learned that Alvarez-Ronquillo had purchased nine more firearms, but had to wait for background approval before taking possession. On March 22, Alvarez-Ronquillo returned to the business to collect the firearms. Agents arrived to question Alvarez-Ronquillo and arrested him later that day.
Upon completion of his prison sentence, Alvarez-Ronquillo will be subject to two years of supervised release. However, the court has recommended that Immigration and Customs Enforcement begin removal proceedings during the service of his sentence.
The ATF investigated this case in conjunction with Homeland Security Investigations. Assistant U.S. Attorneys Ry Ellison and Maria Armijo prosecuted the case.
Navajo man pleads guilty to voluntary manslaughter for shooting death in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Joshua Gutierrez, 22, an enrolled member of the Navajo Nation of New Mexico, pleaded guilty in federal court in Albuquerque today to voluntary manslaughter and discharging a firearm during and in relation to a crime of violence in Indian Country.
According to his admission in the plea agreement, on March 29, 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. When, according to Gutierrez, the man swung at him, 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 on the Navajo Nation.
Gutierrez is currently in custody pending sentencing. He faces 12 years in prison under the terms of the plea agreement.
The Albuquerque 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.
Previously convicted Albuquerque man charged with firearms possession under Operation LegendRead the Press Release
ALBUQUERQUE, N.M. – Robert Maestas, 48, of Albuquerque, appeared in federal court on Oct. 7 for a detention hearing. Maestas is charged with being a felon in possession of a firearm and ammunition and will remain in custody pending trial.
According to a criminal complaint, on Sept. 3, after Maestas reportedly shot at the home of his former girlfriend, a search of his residence and vehicle revealed that Maestas allegedly was in possession of a pistol and ammunition. As a previously convicted felon, Maestas cannot legally possess a firearm or ammunition.
If convicted, Maestas faces up to 10 years in prison. An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department investigated this case. Assistant U.S. Attorney Presiliano Torres is prosecuting the case.
Carlsbad man sentenced to five years on gun and drug chargesRead the Press Release
ALBUQUERQUE, N.M. – Kristopher Wade Parker, 36, of Carlsbad, New Mexico, was sentenced on Oct. 14 in federal court to five-and-a-half years in prison for possession with intent to distribute fentanyl and possession of a firearm in the furtherance of a drug trafficking crime.
Parker pleaded guilty on Oct. 25, 2019. In the plea agreement, Parker admitted that on May 13, 2019, he possessed approximately 279 pills, or 30.911 grams, of fentanyl with the intent to distribute the drug to others in exchange for money. Parker also admitted that he possessed a .40 caliber handgun in furtherance of his drug trafficking activities.
Upon release from prison, Parker will serve three years of supervised release.
Agents from the Pecos Valley Drug Task Force investigated this case in conjunction with Drug Enforcement Administration agents. Assistant U.S. Attorney Bradley H. Bartlett prosecuted this case.
Shiprock man charged with murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Simeon Atcitty, 38, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court on Sept. 29 for a detention hearing. A federal grand jury indicted Atcitty Sept. 10 on a charge of second degree murder in Indian Country. Atcitty will remain in custody pending trial.
According to the indictment, on or about June 19, Atcitty allegedly killed a victim, identified in court records as John Doe, in San Juan County, New Mexico.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The FBI Farmington Resident Agency investigated this case. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
Navajo man pleads guilty in federal court to abusive sexual contact in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Lyle Woody Begay, 34, pleaded guilty today in federal court in Albuquerque to abusive sexual contact in Indian Country.
According to the plea agreement, Begay sexually abused the child on or about Feb. 23, 2004, through Dec. 31, 2011, in San Juan County, New Mexico, within the exterior boundaries of the Navajo Nation Indian Reservation. Begay, an enrolled member of the Navajo Nation, admitted in a plea agreement to causing intentional and unlawful sexual contact with a minor under the age of twelve with the intent to abuse, humiliate, harass, degrade, arouse or gratify sexual desire.
Begay is currently in custody awaiting sentencing. He faces 10 to 15 years in prison under the terms of his plea agreement. Begay also must register as a sex offender upon his release from prison.
The Gallup office of the FBI and the Navajo Nation Criminal Investigations unit investigated this case. Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback are prosecuting the case.
Mescalero man pleads guilty to 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, pleaded guilty in federal court on Oct. 8 to a charge of assault with a dangerous weapon.
In the plea agreement, Chee admitted that in January 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 a 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.
By the terms of the plea agreement, Chee faces 18 months in prison in addition to five months he served in Mescalero tribal custody for the same offense. 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 is prosecuting the case.
U.S. Attorney John C. Anderson announces $399,499 to help Pueblo of Acoma track sex offenders and protect young athletesRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney John C. Anderson today announced an award of $399,499 in Department of Justice grants to develop and improve systems to register and track sex offenders in Pueblo of Acoma. Awarded by the Department’s Office of Justice Programs, these grants help states, U.S. territories and tribal communities register and track sex offenders and enable them to meet the requirements of the Sex Offender Registration and Notification Act (SORNA). Funds also help maintain the Dru Sjodin National Sex Offender Public Website.
“One of the most important resources to keep our communities safe is information,” said Anderson. “It is vital that we are able to update and coordinate information so that it is easy to access and use. I am very pleased to have this award coming to the Pueblo of Acoma to help enhance public safety here in the District of New Mexico.”
“Citizens are better protected from sexual violence when jurisdictions follow SORNA’s standards,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is committed to giving state, territory and tribal officials the resources they need to register and track sex offenders and prevent known threats in one community from posing new dangers to others.”
OJP’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART Office) is awarding approximately $16 million to jurisdictions across the country to develop and enhance programs designed to implement the provisions of SORNA. The SMART Office is awarding almost $800,000 to provide training and technical assistance to jurisdictions implementing SORNA standards. The U.S. Center for SafeSport will receive the $2.3 million Keep Young Athletes Safe grant to continue developing a comprehensive training and prevention program to prevent abuse in the athletic programs of the U.S. Olympic & Paralympic Committee and related sports organizations. The SMART Office will award nearly $1 million to the Institute for Intergovernmental Research to support maintenance, operations and technological improvements for the Dru Sjodin National Sex Offender Public Website, NSOPW.gov, which links state, territorial and tribal public registry websites and allows the public to search for registered sex offenders on a national scale.
“Our mission at the SMART Office is to help our state, tribal and territorial partners register and provide notification to the public of sex offenders within their jurisdictions,” said Kendel Ehrlich, Director of the SMART Office. “We will continue to provide both law enforcement and the public with the tools they need to better inform and protect their communities and themselves.”
More information about OJP and its components can be found at www.ojp.gov.
Member of Pueblo of Jemez faces charges of sexual abuse of a minorRead the Press Release
ALBUQUERQUE, N.M. – Edward Ray Loretto, 39, an enrolled member of the Pueblo of Jemez, made an initial appearance in court on Oct. 1 pursuant to a two-count federal indictment charging one count of aggravated sexual abuse and one count of sexual abuse of a minor.
According to the indictment, on July 27, 2020, Loretto allegedly forcibly sexually assaulted the victim, who was then between 12 and 16 years of age. According to a criminal complaint filed prior to the grand jury’s indictment, the assault took place at the victim’s home on the Pueblo of Jemez after Loretto and another individual provided alcohol to the victim.
A federal arrest warrant was issued for Loretto on Aug. 17. The University of New Mexico Police Department arrested Loretto on Sept. 24, and the FBI subsequently took custody.
An indictment is only an accusation. A defendant is considered innocent unless and until proven guilty. If convicted, Loretto faces a minimum of 30 years and up to life in prison.
The FBI and the Pueblo of Jemez Police Department investigated this case. Assistant U.S. Jennifer M. Rozzoni is prosecuting the case.
Member of Navajo Nation charged with second degree murder in Indian country and obstruction of justiceRead the Press Release
ALBUQUERQUE, N.M. – Anthony Frazier, Jr., 28, of Ramah, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court in Las Cruces, New Mexico, on Oct. 2 for an initial appearance on an indictment charging him with second-degree murder in Indian Country and obstruction of justice.
According to the indictment, on March 27, 2018, Frazier allegedly killed a man and tampered with evidence at the man’s residence to impede a potential federal grand jury investigation following law enforcement’s investigation into the murder. The events allegedly took place within the exterior boundaries of the Ramah Navajo Reservation.
Frazier was arrested on unrelated state charges in California and transported back to the District of New Mexico. He is currently in custody pending trial. Frazier faces up to life in prison if convicted of the charged offenses.
Indictments are only allegations. A defendant is presumed innocent unless and until proven guilty.
The Gallup office of the FBI investigated this case with assistance from the Ramah Navajo Police Department. Assistant U.S. Attorney David P. Cowen is prosecuting the case.
Man from Iyanbito, New Mexico, pleads guilty to assaulting a federal officerRead the Press Release
ALBUQUERQUE, N.M. – Jarvis Myiah Delgarito, 21, of Iyanbito, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on Sept. 29 to an information charging him with assault upon a federal officer.
According to court records, Delgarito admitted that late in the evening of Feb. 12, he was arrested on the charge of driving while intoxicated and taken to the Isleta Police Department booking room for processing. While there, he became upset and head-butted a Special Law Enforcement Commissioned officer. He also kicked the officer’s calf several times. As a result of the altercation, the officer suffered bruising on her face, scratches on her hands and a contusion on her head. The attack took place within the exterior boundaries of the Pueblo of Isleta in Bernalillo County.
Delgarito is in custody pending sentencing, which has yet to be scheduled. He faces a maximum of eight years in prison.
The Isleta Pueblo Police Department investigated this case. Assistant U.S. Attorney Jennifer Rozzoni is prosecuting the case.
Albuquerque man in court for drug and firearm charges under Operation LegendRead the Press Release
ALBUQUERQUE, N.M. – Toby Randall Walker, 36, appeared in federal court in Albuquerque on Oct. 1 on multiple drug and firearm charges brought under the Department of Justice’s Operation Legend.
According to a criminal complaint, on Sept. 29, agents from the Drug Enforcement Administration encountered Walker and located 1,490 grams of methamphetamine, 53.7 grams of fentanyl and 67 grams of heroin in his vehicle. Agents also located a total of four firearms.
Walker is charged with possession with intent to distribute 500 grams and more of a mixture and substance containing methamphetamine, possession with intent to distribute 40 grams and more of fentanyl, possession with intent to distribute heroin and possession of a firearm in furtherance of drug trafficking. If convicted, Walker faces not less than 10 years and up to life in prison, plus a mandatory five-year consecutive term on the firearm charge.
A criminal complaint is only an accusation. A defendant is considered innocent unless and until proven guilty.
The DEA and the Albuquerque Police Department investigated this case as part of the Department of Justice’s Operation Legend, a coordinated federal and local law enforcement initiative to fight gun and dangerous crime. Assistant U.S. Attorney Sarah Howard is prosecuting the case.
U.S. Attorney John C. Anderson announces $680,391 to support offenders returning to communities in Bernalillo County, New MexicoRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson today announced $680,391 in Department of Justice grants to reduce recidivism among adults and juvenile offenders returning to their communities in Bernalillo County, New Mexico, after confinement. The grants, awarded by the Department’s Office of Justice Programs (OJP), are part of more than $92 million in funding to support reentry efforts throughout the United States.
Bernalillo County will receive these funds under the Office of Juvenile Justice and Delinquency Prevention’s Second Chance Act Addressing the Needs of Incarcerated Parents with Minor Children Program, which supports the successful and safe transition of young fathers and mothers from confinement to their families and communities.
“The goal of rehabilitation is that, once a person has served a sentence, he or she will return to society as a productive and law abiding citizen,” said Anderson. “For individuals with children, part of that means returning to the responsibilities of parenting. That includes not only providing for a family, but playing an integral role in the development of their children, leading to better outcomes generationally for families and communities. This grant funds services to help parents reach those objectives.”
“Former offenders are ultimately responsible for their own successes and failures, but our criminal and juvenile justice systems have an important role to play in preparing them for the obstacles that lie before them,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “I’m very pleased to make these resources available to help them get back on their feet and contribute to the prosperity of their communities and the betterment of our nation.”
The reentry and recidivism reduction grants awarded will help communities develop and implement comprehensive strategies to address the challenges posed by reentry and recidivism; support reentry services for detained juveniles and incarcerated parents with children under the age of 18; and support research and evaluation programs to advance understanding about reoffending.
More information about OJP and its components can be found at www.ojp.gov.
This year marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years
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Albuquerque man sentenced to prison on federal drug and firearm chargesRead the Press Release
ALBUQUERQUE, N.M. – Selmonio Davis, 44, of Albuquerque, was sentenced in federal court in Albuquerque on Sept. 25 to nine years in prison for possessing methamphetamine with intent to distribute, being a felon in possession of a firearm and ammunition and possessing a firearm in furtherance of a drug trafficking crime.
Davis pleaded guilty to these offenses on June 11. In the plea agreement, Davis admitted to illegally selling methamphetamine and heroin in five separate transactions from March 13, 2019, through May 30, 2019. A search warrant executed at Davis’ apartment following those transactions revealed his possession of methamphetamine, heroin, cocaine, and materials and drug paraphernalia used in the preparation for distribution of these narcotics. A Glock Model 26 semiautomatic handgun and ammunition was also located near the drugs.
Following his release from prison, Davis will serve three years of supervised release.
The Albuquerque office of the FBI along with the New Mexico State Police investigated this case. Assistant U.S. Attorney David P. Cowen prosecuted the case.
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Washington man pleads guilty to transporting a minor for sexRead the Press Release
ALBUQUERQUE, N.M. – Raheshi De Angelo Horace, 37, of Tacoma, Washington, pleaded guilty in federal court on Sept. 22 to a charge of transportation of a minor with intent to engage in criminal sexual activity. Horace remains in custody pending a sentencing hearing.
According to a criminal complaint, on March 6, Horace was sexually abusing an eight-year old victim when the victim’s mother entered the room and caught him. The mother immediately removed Horace from the residence and called 911. Horace met the mother in Tacoma, Washington, in 2016 before moving with the mother and her children to Arizona and later to New Mexico. In the plea agreement, Horace admitted to transporting the victim to New Mexico with the intent to engage in sexual activity.
By the terms of the plea agreement, Horace faces 20 years in prison followed by supervised release for life.
Homeland Security Investigations and the Hidalgo County Sheriff’s Office investigated this case. Assistant U.S. Attorney Marisa A. Ong is prosecuting the case.
SNM gang member pleads guilty to federal racketeering chargeRead the Press Release
ALBUQUERQUE, N.M. – Jonathan “Baby G” Gomez, a member of the Syndicato de Nuevo Mexico prison gang, pleaded guilty on Sept. 25 to a racketeer influenced and corrupt organization (RICO) indictment.
The indictment, to which Gomez pleaded guilty, details various acts and communications since 2002 in which Gomez participated in relation to his membership in the organization. As described in the indictment, those communications discussed gang business, including illicit activities, and coordinated acts of violence, some of which were facilitated, directed or ordered by Gomez.
Gomez faces 15 to 20 years in prison. The court has not set a date for the sentencing hearing.
The FBI and the New Mexico Department of Corrections investigated this case. The Las Cruces office of the U.S. Attorney’s Office for the District of New Mexico is prosecuting the case.
Las Cruces man sentenced to 16 years for kidnapping and gun chargesRead the Press Release
ALBUQUERQUE, N.M. – Samuel Chavez, 61, of Las Cruces, New Mexico, was sentenced in federal court today to 16 years and eight months in prison for kidnapping and firearms charges. Chavez pleaded guilty on Nov. 18, 2019.
According to public court records, on Oct. 18, 2017, Chavez arrived at the home of his first victim, from whom he demanded $250,000 at gunpoint. When the victim was unable to pay, Chavez tied the victim and forced him to call his grandson to lure him to the home. When the second victim arrived, Chavez knocked him unconscious, tied him, and demanded money at gunpoint when the victim regained consciousness.
Chavez then left the residence to make contact with a third victim and, again, demanded money. Chavez tied the third victim, but she was able to escape and called the police.
At the time Chavez committed the crimes, he was in possession of ammunition, a pistol with an obliterated serial number, an unregistered silencer, and an unregistered bulletproof vest. It is a federal crime to possess a firearm with an obliterated serial number or an unregistered silencer, and, as a previously convicted felon, Chavez could not legally possess a firearm, ammunition or body armor.
In addition to his term in prison, Chavez will be subject to five years of supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. Assistant U.S. Attorney Maria Y. Armijo prosecuted the case.
Hatch man pleads guilty to hostage takingRead the Press Release
ALBUQUERQUE – Mario Balcazar, 23, of Hatch, New Mexico, pleaded guilty in federal court on Sept. 24 to a charge of hostage taking. Balcazar remains in custody pending a sentencing hearing.
According to the plea agreement, on or about May 9, Balcazar picked up an illegal alien on the United States side of the United-States-Mexico border and drove her to his residence in Doña Ana County, New Mexico. Balcazar then detained the victim until her family paid him $1,500.
Balcazar faces up to life in prison and a five-year mandatory term of supervised release of supervised release.
Homeland Security Investigations and the U.S. Border Patrol investigated this case. Assistant U.S. Attorneys Rachel Feuerhammer, Luis A. Martinez, and Nicole Hammond are prosecuting the case.
Española man sentenced to 30 years for sexually abusing a child in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Kevin Vigil, 54, of Española, New Mexico, was sentenced to 30 years in prison on Sept. 22 for sexually abusing a six-year-old child.
A federal jury in Santa Fe, New Mexico, returned a guilty verdict against Vigil on Aug. 23, 2019, following a five-day trial before U.S. District Judge Martha Vazquez.
The minor victim and the victim’s parents had been visiting Vigil at his home within the exterior boundaries of Ohkay Owingeh tribal lands on the evening of February 3, 2018, and spent the night there. In the early hours of February 4, Vigil assaulted the victim as she lay between Vigil and her mother. The mother immediately confronted Vigil, left his house, sought medical attention for the victim, and reported the abuse to law enforcement.
A Sexual Assault Nurse Examiner (SANE) exam showed that the victim’s injuries were “fresh” and that those injuries were consistent with penetration or attempted penetration. The victim had to be sedated because she was in so much pain. As part of the SANE exam, DNA evidence was collected from the victim as well as from Vigil. An analysis of that evidence revealed presence of Vigil’s DNA on the victim and on her underwear from the night of the offense.
This case was investigated by the Santa Fe office of the FBI. The case was prosecuted by Assistant U.S. Attorneys Kyle Nayback and Allison Jaros.
Member of Navajo Nation pleads guilty to aggravated sexual abuse in Indian CountryRead the Press Release
ALBUQUERQUE – Derrick Mason, 24, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on Sept. 21 to an indictment charging him with aggravated sexual abuse, assault resulting in serious bodily injury, and aggravated burglary in Indian Country.
A grand jury previously returned an indictment against Mason on Jan. 10, 2019.
According to the plea agreement, Mason acknowledged that on the evening of Oct. 16, 2015, he went to the victim’s house in Nenahnezad, New Mexico, and turned off the circuit breakers, an electrical service box located outside of her home. When the victim stepped outside to check on the circuit breakers, Mason used the opportunity to enter her house, where he hid until she fell asleep. At about 1:00 a.m., Mason went to the victim’s bed, dragged her to the side of the bed, and sexually assaulted her twice. He punched the victim in the face several times and strangled her until she lost consciousness. As a result of Mason’s attack, the victim suffered serious bodily injury. The attack took place within the exterior boundaries of the Navajo Nation in San Juan County.
Mason is in custody, pending sentencing, which has yet to be scheduled. By the terms of the plea agreement, he faces 17 years in prison.
The Farmington office of the FBI, the Navajo Nation Criminal Investigations unit, and the Navajo Nation Police Department investigated this case. Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting the case.
Man from Angel Fire charged with cocaine traffickingRead the Press Release
ALBUQUERQUE, N.M. – Louis Richard Montoya, 31, of Angel Fire, New Mexico, appeared in court today for a detention hearing on charges of possession with intent to distribute cocaine. Montoya will remain detained pending trial.
According to a federal criminal complaint, Montoya allegedly possessed approximately 6.6 kilograms of cocaine when he was stopped at a U.S. Border Patrol checkpoint west of Alamogordo, New Mexico. If convicted, Montoya faces 10 years to life in prison.
A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty.
The U.S. Border Patrol investigated this case. Assistant U.S. Attorney Clara Cobos is prosecuting the case.
Man from Red Valley, Arizona pleads guilty to involuntary manslaughter in DWI collisionRead the Press Release
ALBUQUERQUE, N.M. – Maroquez Clah, 28, of Red Valley, Arizona, and an enrolled member of the Navajo Nation, pleaded guilty September 21 to an indictment charging him with involuntary manslaughter.
Clah was arrested on Feb. 14 on an indictment charging him with involuntary manslaughter. During his plea hearing, Clah pleaded guilty to an indictment charging that he killed a victim, referenced in the indictment as John Doe, by driving carelessly, in willful disregard for the safety of others and likely to endanger a person or property, and under the influence of alcohol. He faces up to eight years in federal prison, followed by a term of supervised release to be determined by the court.
Clah remains on release pending sentencing. The court has not yet set a date for the sentencing hearing.
The FBI and the Navajo Division of Public Safety investigated this case. Assistant United States Attorney Novaline D. Wilson is prosecuting the case.
Member of Jicarilla Apache Nation found guilty of domestic assault by a habitual offender in Indian countryRead the Press Release
ALBUQUERQUE, N.M. – Following a two-day trial, a federal jury in Albuquerque returned a guilty verdict on Sept. 22 against Quentin Veneno, Jr., 34, of Dulce, New Mexico, an enrolled member of the Jicarilla Apache Nation, on two counts of Domestic Assault by a Habitual Offender and one count of Assault Resulting in Serious Bodily Injury. United States District Judge Kea W. Riggs presided.
On Aug. 22, 2018, and again on Nov. 2, 2018, Veneno physically abused the victim, whom he was dating at the time, at her residence within the exterior boundaries of the Jicarilla Apache Indian Nation Reservation. Veneno broke nine of the victim’s ribs and caused a collapsed lung and bruising over her body.
Police records showed that Veneno had previously assaulted the victim, and Veneno’s tribal criminal history includes two prior convictions of domestic violence in 2009 and 2013.
Veneno was arrested on November 21, 2018, and remains in custody pending sentencing, which has yet to be scheduled. He faces a maximum of 25 years in prison.
The Farmington office of the FBI and the Jicarilla Apache Police Department investigated this case. Assistant U.S. Attorneys David Cowen and Kyle Nayback are prosecuting the case.
Traffic stop leads to firearm charges in Operation Legend caseRead the Press Release
ALBUQUERQUE, N.M. – Jose Gamboa, 38, of Albuquerque made an appearance Sept. 18 in federal court, charged with being a felon in possession of a firearm and ammunition. A detention hearing is scheduled for Sept. 22.
According to a criminal complaint, on Aug. 5, Gamboa allegedly possessed firearm and ammunition while driving in Albuquerque. Gamboa allegedly purchased the gun illegally “on the streets” for $450 knowing he could not lawfully possess it because of prior convictions. Gamboa was convicted in 2008 for importation of marijuana.
If convicted, Gamboa faces up to 10 years in prison. A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty.
The FBI Violent Crime Task Force and the Bernalillo County Sheriff’s Office investigated this case as part of the Department of Justice's Operation Legend, a coordinated federal and local law enforcement initiative to fight gun and dangerous crime. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
Department of Justice Files Statement of Interest Challenging New Mexico's More Stringent COVID-19 Capacity Limits on Private Schools than Public SchoolsRead the Press Release
The Department of Justice today filed a statement of interest in a New Mexico federal court asserting that the State's COVID-19 rules limiting private schools to operating at 25% of capacity but allowing public schools to operate at 50% of capacity violate the Equal Protection Clause of the United States Constitution. The brief, filed in the U.S. District Court in Albuquerque, explains that the Supreme Court has recognized parents’ educational choices for their children as a fundamental right under the Constitution, and that New Mexico has no grounds for abridging that right in adopting stricter rules for private schools than for public schools.
“Parents have a fundamental right under the United States Constitution, without interference from the government, to select the school for their children of their choice, whether a public school, a parochial school, or a non-religious private school,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “New Mexico’s response to COVID-19 has infringed that right by adopting one rule for public schools and another for private schools, resulting in private schools remaining closed for in-person instruction, without justification. There is no pandemic exception to the Constitution and New Mexico’s differential standards for private and public schools cannot stand.”
"I respect Governor Lujan Grisham’s good faith efforts to manage the COVID-19 pandemic and protect the health of New Mexicans,” said John Anderson, U.S. Attorney for the District of New Mexico. “But COVID-related restrictions must be applied and implemented equally and impartially, and that simply did not happen here. There is no good reason to penalize students just because they choose to attend a private school.”
In response to the COVID-19 pandemic, New Mexico has issued various orders imposing limitations on a range of activities to reduce disease transmission. Public schools are permitted to operate at 50% of capacity, and day care centers can operate at 100% of capacity with social distancing and hygiene measures in place. Private schools, however, are limited to 25% capacity, regardless of social distancing and hygiene measures adopted.
Douglas Peterson, who sends his daughter to Albuquerque Academy, a private school, filed a federal lawsuit against state officials on his and his daughter’s behalf after the school determined that it could not open for live instruction of its students with the 25% capacity limit, although it could accommodate all of its currently enrolled students if allowed to operate at 50% capacity. On Sep. 11, 2020, they moved for an injunction mandating equal treatment.
The United States' brief explains that nearly 100 years ago, the Supreme Court held that parents’ decision whether to send their children to public or private school is part of parents’ fundamental right to direct the upbringing of their children. As such, under the Equal Protection Clause, the government has the burden to show that any differential treatment that abridges that right, even in part, must be supported by a compelling government interest, pursued through the means that are no more restrictive on that right than necessary. New Mexico has not done so here, the brief argues.
Albuquerque woman charged with drug trafficking and firearms possession in Operation Legend caseRead the Press Release
ALBUQUERQUE, N.M. – Jordan Wright, 31, of Albuquerque made an appearance on Sept. 18 in federal court where she was charged with possession of methamphetamine with intent to distribute and possession of a firearm in relation to a drug trafficking crime. A detention hearing is scheduled for Sept. 22.
According to a criminal complaint, on Aug. 19, Wright allegedly coordinated arrangements by cellphone calls and text messages to sell two ounces of methamphetamine. She also allegedly provided her backpack and a handgun as collateral during the transaction. At the time of her arrest, she allegedly possessed two baggies containing methamphetamine
A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case as part of the Department of Justice's Operation Legend, a coordinated federal and local law enforcement initiative to fight gun and dangerous crime.
U.S. Attorney John C. Anderson Announces $450,000 Award to Laguna PuebloRead the Press Release
ALBUQUERQUE, N.M. –John C. Anderson, U.S. Attorney for the District of New Mexico, announced that the Laguna Pueblo will receive a $450,000 grant through the Office of Violence Against Women (OVW) to hire or retain a tribal prosecutor designated as a Special Assistant United States Attorney (SAUSA).
“This is an exciting opportunity to implement a creative approach to addressing domestic violence in tribal communities,” said Anderson. “Domestic violence is unbound by demographics and affects families and communities across New Mexico and the United States. I’m pleased to partner with the Office of Violence Against Women and the Laguna Pueblo in this initiative to facilitate prosecution of domestic violence and other crimes with special consideration for jurisdictional areas in Indian country.”
Through this special initiative, OVW and the Bureau of Justice Assistance (BJA) are partnering with United States Attorneys’ Offices (USAOs) and the Executive Office of United States Attorneys (EOUSA) to support tribes and USAOs in their investigation and prosecution of Indian country criminal cases. Tribes will receive funds to work with their USAO partner (and other tribes in their federal judicial district, as appropriate) to hire or retain a mutually agreed upon tribal prosecutor to be designated as SAUSA. The Tribe and the USAO will appoint the Tribal SAUSA to a three-year fellowship position divided between the USAO and the tribal prosecutor’s office, and the SAUSA will be trained as a federal prosecutor.
The cross-designated prosecutor will maintain an active caseload, while also helping to promote higher-quality investigations and better inter-governmental communication. The SAUSA must focus at least 50 percent of their full-time position on prosecuting cases involving domestic violence, dating violence, sexual assault, and stalking. The remaining 50 percent of the SAUSA’s position can be dedicated to the same or any other types of criminal cases that the tribe and USAO agree are a priority for this position.
October is Domestic Violence Awareness Month. For more information from the Department of Justice relating to domestic violence, visit:
https://www.justice.gov/ovw/domestic-violence
For more information about this grant, contact the Outreach and Communications Division Office at OVW at (202) 307-6026.
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Member of Navajo Nation charged with sexual abuse of minor in Indian countryRead the Press Release
ALBUQUERQUE – Ryan Kee Jones, 25, of Yatahey, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court on September 16, 2020, on a criminal complaint charging him with aggravated sexual abuse of a minor in Indian Country.
According to the criminal complaint, during the spring of 2018, Jones sexually assaulted a minor, who was approximately 12-years old at the time. Over the next several months, according to the complaint, he allegedly sexually assaulted her multiple times. The abuse took place in Yatahey, New Mexico, in McKinley County, within the exterior boundaries of the Navajo Nation.
Jones was arrested on Sept. 15. He is currently in custody pending a preliminary and detention hearing. Jones faces a mandatory minimum of 30 years’ imprisonment if convicted of the charged offense.
Criminal complaints are only allegations. A defendant is presumed innocent unless and until proven guilty.
The Gallup office of the FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
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Carlsbad man sentenced to 20 years in prison for methamphetamine traffickingRead the Press Release
ALBUQUERQUE, N.M. – Jerry Twaddle, 40, of Carlsbad, New Mexico, was sentenced on Sept. 9 in federal court to 20 years in prison on drug trafficking charges.
On Feb. 6, 2019, a jury found Twaddle guilty on charges of conspiracy to distribute a controlled substance, using a communication facility (telephone) to further the commission of a drug trafficking crime and possession with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
The case involved 10 members of a drug trafficking organization who conspired to distribute methamphetamine in Eddy and Chaves Counties in New Mexico from May through Oct. of 2017. On Sept. 7, 2017, Twaddle was arrested after he threw approximately two pounds of methamphetamine out of the window of a car as he attempted to evade a traffic stop, reaching speeds of up 140 miles per hour. Twaddle was apprehended when his vehicle came to a stop due to a shredded tire. Law enforcement were able to recover the bundles of methamphetamine along the route.
Following his term in federal prison, Twaddle will be subject to five years of supervised release.
The Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, and Firearms and the Pecos Valley Drug Task Force investigated this case in conjunction with the Eddy County Sheriff’s Office. Assistant U.S. Attorneys Clara Cobos and Renee Camacho prosecuted the case.
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Arizona man charged with attempted murder of a federal task force officerRead the Press Release
ALBUQUERQUE, N.M. – Robert Benjamin Nelson, 28, of Scottsdale, Arizona, made an initial appearance in federal court today on charges of attempted murder of a federal officer and discharging a firearm during a crime of violence.
According to a criminal complaint, during a law enforcement stop on Sept. 12, Nelson allegedly fired through the passenger-side window of his vehicle at a uniformed New Mexico State Police Officer working as part of a federal task force, causing injuries to her hands, face and eyes. He then allegedly fled the scene, but was pursued and stopped again by the officer, and was apprehended with the assistance of two Laguna police officers.
Nelson also faces a penalty of 10 years to life in prison for the charge of discharging a firearm during a crime of violence and up to 20 years for attempted murder of a federal officer. A criminal complaint is only an accusation. A defendant is considered innocent unless and until proven guilty.
The FBI investigated this case in conjunction with the New Mexico State Police and the Albuquerque Multiagency Officer Involved Shooting Team. Assistant U.S. Attorneys Paul Mysliwiec and Jack Burkhead are prosecuting the case.
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Albuquerque man charged with robbery under Operation LegendRead the Press Release
ALBUQUERQUE, N.M. – Jose Armijo, 36, of Albuquerque made an appearance in federal court today facing two counts of robbery by threats and violence. Armijo remains in custody.
According to a criminal complaint, on Dec. 30, 2018, Armijo allegedly entered a retail store with several accomplices and began placing high-value items into backpacks and laundry bags. As Armijo and his accomplices approached the store exit, Armijo allegedly brandished a firearm to threaten the store manager and security guard and left the store with stolen merchandise.
On July 16, according to the complaint, Armijo and two accomplices allegedly entered another retail store and began collecting a large amount of merchandise. Armijo allegedly became verbally aggressive to a store employee at the same time his accomplices were leaving the store with stolen items. As Armijo attempted to leave the store with several items, including the cellular phone of a second store employee, he allegedly assaulted and threatened to shoot the first employee, who sustained injuries during the incident.
If convicted, Armijo faces up to 20 years in prison and a fine of up to $250,000 for each count. A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty.
The FBI and the Albuquerque Police Department investigated this case. Assistant U.S. Attorney Nicholas Mote is prosecuting the case as part of the Department of Justice's Operation Legend, a coordinated federal and local law enforcement initiative to fight gun and dangerous crime.
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Former employee at Los Alamos National Laboratory sentenced to probation for making false statements about being employed by ChinaRead the Press Release
ALBUQUERQUE, N.M. –Turab Lookman, 68, of Santa Fe, New Mexico, was sentenced on Sept. 11 to five years of probation and a $75,000 fine for providing a false statement to the Department of Energy. Lookman is not allowed to leave New Mexico for the term of his probation.
On June 6, 2018, Lookman, then an employee at Los Alamos National Laboratory, falsely denied to a counterintelligence officer that he had been recruited or applied for a job with the Thousand Talents Program, established by the Chinese government to recruit individuals with access to or knowledge of foreign technology and intellectual property. Lookman pleaded guilty to the charge in January.
"The safeguarding of research conducted at our national laboratories is critical to the security of the United States," said John C. Anderson, U.S. Attorney for the District of New Mexico. "I commend the work of the FBI in identifying this defendant and investigating this case. The message here is clear: if you work with foreign interests to jeopardize our national security, the Department of Justice will find you and you will be prosecuted."
The FBI investigated this case. Assistant U.S. Attorneys George Kraehe and Jon Stanford prosecuted the case.
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U.S. Attorney John C. Anderson Announces $500,000 Award to Improve School SafetyRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney John C. Anderson from the District of New Mexico announced that Lovington Municipal Schools received $500,000 from the Department of Justice’s Office of Community Oriented Policing Services (COPS Office) School Violence Prevention Program (SVPP). Nationally, the COPS Office SVPP awarded nearly $50 million in school safety funding. SVPP provides up to 75% funding for school safety measures in and around primary and secondary schools and school grounds.
“We are excited by the news of these much needed funds coming to New Mexico to help provide a more secure environment for students when they return to classes,” said, U.S. Attorney Anderson. “The U.S. Attorney’s Office congratulates the schools receiving these grants to enhance one of our most important priorities: student safety.”
“With the new school year underway, the safety of our nation’s students remains paramount,” said COPS Office Director Phil Keith. “Although this school year may look different at the start, now is the ideal time to make preparations to enhance school safety for when all of our children are back in the classroom.”
The Students, Teachers, and Officers Preventing School Violence Act of 2018 (STOP School Violence Act of 2018) gave the COPS Office authority to provide awards directly to states, units of local government, Indian tribes, and public agencies (such as school districts and law enforcement agencies) to improve security at schools and on school grounds in the jurisdiction of the grantee through evidence-based school safety programs. The 160 awards announced today can be used for coordination with law enforcement; training for local law enforcement officers to prevent student violence; metal detectors, locks, lighting, and other deterrent measures; technology for expedited notification of local law enforcement during an emergency; and other measures that provide a significant improvement in security. The full list of SVPP awards can be found here: https://cops.usdoj.gov/pdf/2020AwardDocs/svpp/Award_List.pdf.
In addition to the school safety grants announced today, the COPS Office School Safety Working Group, which is composed of representatives from eight national law enforcement organizations, has identified 10 essential actions that can be taken by schools, school districts, and law enforcement agencies to help prevent critical incidents involving the loss of life or injuries in our nation's schools and to respond rapidly and effectively when incidents do occur. The Ten Essential Actions to Improve School Safety are applicable to school shootings as well as to other areas of school safety, including natural disasters and traumatic events such as student suicide. Adopting policies and practices based on the recommendations in this publication can help make school communities safer and save lives.
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The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 134,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Albuquerque man facing charges under Operation Legend for firearms possession and assaulting a federal officerRead the Press Release
ALBUQUERQUE, N.M. – Guillermo Medel, 38, of Albuquerque made an appearance in federal court today on charges of being a felon in possession of a firearm and ammunition and assaulting and resisting a federal officer. Medel will remain in custody pending trial.
According to a federal criminal complaint, on Aug. 25, Medel allegedly assaulted a federal agent while attempting to avoid arrest. At the time of the arrest, Medel allegedly possessed a firearm. Medel previously was convicted of possession of a machine gun and being a felon in possession of a firearm and ammunition. As a previously convicted felon, Medel cannot legally possess a firearm or ammunition.
If convicted, Medel faces up to eight years in prison for assaulting and resisting a federal officer and up to 10 years for being a felon in possession of a firearm.
A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case in conjunction with the U.S. Marshals Service and the Albuquerque Police Department. Assistant U.S. Attorney Sarah J. Mease is prosecuting the case as part of Operation Legend, a Department of Justice initiative to assist cities with persistently high crime rates. Operation Legend is a sustained and coordinated law enforcement initiative in which the U.S. Attorney’s Office and federal law enforcement agencies work with state and local law enforcement to prosecute gun and dangerous crimes arising in the City of Albuquerque.
Member of Navajo Nation sentenced to 27 months in federal prison for burglary in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Eric Martinez, 33, of Mentmore, New Mexico, was sentenced on Aug. 27 in federal court in Albuquerque to 27 months in prison for residential burglary.
On Feb. 19, 2016, Martinez broke into the victims’ home in McKinley County, New Mexico, within the exterior boundaries of the Navajo Nation. Martinez entered the home and stole an array of personal items worth more than $60,000. Martinez also possessed a dangerous weapon while committing the crimes.
Martinez, an enrolled member of the Navajo Nation, must also serve a one-year term of supervised release after completing his sentence.
The Navajo Nation Police Department and the Navajo Nation Division of Public Safety-Criminal Investigations services investigated this case. Assistant U.S. Attorney David P. Cowen prosecuted the case.
Farmington man charged with making threats against presidential candidates on FacebookRead the Press Release
ALBUQUERQUE, N.M. – Steve Wayne Barton, 63, of Farmington, New Mexico, appeared in federal court in Albuquerque on Sept. 4 on charges of making repeated threats against President Donald Trump and presidential candidate Joe Biden.
According to a federal criminal complaint, Barton allegedly posted several threatening messages on Facebook from April 19 through Aug. 19. These messages threatened the two major presidential candidates and other elected officials.
Barton is charged with one count each of threatening the president and threatening a major candidate for the office of president. He is currently out of custody awaiting trial. If convicted, Barton faces up to five years in prison for each count.
A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty.
The U.S. Secret Service investigated this case. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.
Taos domestic violence organization awarded $570,000 from the Department of Justice for transitional housing servicesRead the Press Release
ALBUQUERQUE, N.M. – The Department of Justice today announced a grant award of $570,000 to Community Against Violence, Incorporated (CAV) of Taos New Mexico to provide transitional housing services to survivors of domestic violence.
“As we approach Domestic Violence Awareness Month, this is welcome news for northern New Mexico,” said John C. Anderson, United States Attorney for the District of New Mexico. “The work of organizations such as Community Against Violence is critical in the network of support for victims of violence, and a key component of that work is assisting survivors with transitional housing. The flexibility of these Department of Justice funds is important as they may be utilized for other support services survivors need to transition to safer lives for themselves and their children.”
The Transitional Housing Assistance Grants for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program (Transitional Housing Program) assists victims who are homeless or in need of housing assistance and for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. The program support a comprehensive approach to providing transitional housing and support services that move individuals into permanent housing and help them secure employment.
CAV is a non-profit organization located in Taos, New Mexico, a rural region of the state. Through the grant, CAV will provide 20 scattered-site residences for 20 survivors and their families in private housing units. CAV will collaborate with its five partners - the Protective Services Division of the Children Youth and Families Department, Rio Grande Alcohol Treatment Program, Taos Pueblo, Taos County: Inside/Out Recovery, and the Heart of Taos - to provide a victim-centered and multidisciplinary approach to transitional housing needs in the community.
The range of optional support services under this project include rental and utility assistance, case management, safety planning, childcare, transportation, career counseling, financial and credit counseling, support groups, individual counseling, job training, education attainment and housing advocacy.
For more information about CAV, visit their website at https://taoscav.org/.
For more information about this grant, contact the Office on Violence Against Women at (202) 307-6026 and ask for the Outreach and Communications Division.
Operation Legend: Update on Federal ChargesRead the Press Release
ALBUQUERQUE, N.M. - On July 8, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.
The operation was expanded to Albuquerque on July 22. Since the operation’s expansion through Monday, Aug. 31, 35 defendants have been charged with federal crimes. Among the charges brought under Operation Legend in Albuquerque to date are:
-8 defendants charged with conspiracy to distribute controlled substances
-9 defendants charged with distribution of controlled substances
-16 defendants charged with possession with intent to distribute a controlled substance
-10 defendants charged with being in possession of a firearm in furtherance of drug trafficking
-19 defendants charged with being a felon in possession of a firearm
-4 defendants charged with being in possession of a stolen firearm
-5 defendants charged with Hobbs Act violations
-1 defendant charged with carjacking
-1 defendant charged with re-entry of a removed alien
-2 defendants charged with brandishing of a firearm in furtherance of a violent crime
-1 defendant charged with discharging a firearm in furtherance of a violent crime
-1 defendant charged with brandishing a firearm in furtherance of a violent crime
-1 defendant charged with maintaining a drug-involved premises
“The goal of Operation Legend in Albuquerque is to achieve a sustained reduction in gun and other dangerous crimes,” said John C. Anderson, U.S. Attorney for the District of New Mexico. “By coordinating federal resources with state and local law enforcement, we’ve been able to identify, apprehend and prosecute individuals driving dangerous crime in the city. We can see from the charges brought under Operation Legend that we have been effective in meeting our objectives and we intend to continue this trend. I want to express my appreciation to our partnering agencies for their exceptional efforts to achieve our successes to date.”
Las Cruces man charged with using internet in attempt to entice minor into sexRead the Press Release
ALBUQUERQUE, N.M. – Robert Jasso, 23, of Las Cruces, New Mexico, appeared in federal court on Aug. 25 for a detention hearing on charges of attempted coercion and enticement of a minor child, attempted production of child pornography and attempted solicitation of child pornography. Jasso will remain in custody pending trial, which has not been scheduled at this time.
According to a federal criminal complaint, on July 18 Jasso allegedly used the social networking application Skout to contact what he thought was a 13-year-old girl. The complaint alleges, Jasso then attempted to entice the person he thought was a minor to travel to him to engage in sexual activity. Jasso later allegedly asked the person he thought was a minor to recruit another minor to engage in sexual activity with the two of them. Jasso allegedly requested that the person he thought was a minor send him sexually explicit photographs that would constitute child pornography.
After additional conversations, according to the complaint, on Aug. 14 Jasso travelled to a location near Sonoma Elementary School in Doña Ana County, New Mexico, where he expected to meet two 13-year-old girls to engage in sexual activity and was arrested.
A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty. If convicted, Jasso faces 5 to 20 years in prison for attempted solicitation of child pornography, 15 to 30 years for attempted production of child pornography and 10 years to life for attempted coercion and enticement of a minor child.
The FBI investigated this case. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.
Las Cruces man pleads guilty to Attempted Coercion and Enticement of a MinorRead the Press Release
ALBUQUERQUE, N.M. – Ismael Valdez, 37, of Las Cruces, New Mexico, pleaded guilty in federal court in Las Cruces on Aug. 27 to attempted enticement of a minor.
In the plea agreement, Valdez admitted to committing the offenses between April 29 and May 29 of this year. According to a criminal complaint, Valdez allegedly sent a sexually explicit video to an undercover law enforcement officer posing as a 13-year-old girl on a social networking application. Valdez also asked the person he thought was a child to send sexually explicit material of herself to him. Valdez arranged to meet the person he believed was a child to have sex and traveled from his home in Las Cruces to the meeting location where law enforcement agents arrested him.
Valdez is currently in custody awaiting sentencing, which has not been scheduled at this time. The plea agreement calls for a 12-year prison sentence.
FBI investigated this case. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.
Chase Smothermon sentenced to 45 years for abducting, torturing and killing one victim, brutally beating a secondRead the Press Release
ALBUQUERQUE, N.M. – A federal judge sentenced Chase Smothermon, 32, of Albuquerque, New Mexico, to 45 years in prison for abducting and assaulting two men, one of whom was tortured, killed, and mutilated. Smothermon suspected the victims of stealing drugs and money from his home.
On Jan. 24, Smothermon pleaded guilty in federal court in Santa Fe, New Mexico. An indictment charged Smothermon, and two other residents of Albuquerque, Mariah Ferry, 22, and Jose Torrez, 48, with kidnapping, kidnapping resulting in death, and conspiracy to kidnap.
Smothermon, Ferry, Torrez and other co-conspirators plotted to retaliate against two victims they believed had stolen marijuana from Smothermon’s home, where he resided with Ferry. On Aug. 8, 2017, Torrez alerted Smothermon that the first victim, identified in records as J.S., was present at Torrez’s home. Ferry drove Smothermon to Torrez’s home where they brutally beat J.S. with a baseball bat and the butt of a gun.
Smothermon and his companions then put J.S. in the trunk of Ferry’s car and bound his hands, ankles and mouth with tape. Ferry and Smothermon drove J.S. to another home, where he died shortly after arriving. Ferry and Smothermon then mutilated J.S.’s body in a shed.
Later the same day, Smothermon contacted the second victim, identified in records as M.T., under a ruse that Smothermon wanted to buy marijuana from him. When M.T. arrived at Smothermon’s home, Smothermon, Ferry and others bound, gagged and assaulted him for hours. After several hours, two other people took M.T. to another location where they held him overnight before eventually releasing him. On Aug. 9, 2017, Ferry drove Smothermon and another person to a rural area where they buried J.S.’s body in a shallow grave.
“Mr. Smothermon’s guilty plea and lengthy sentencing in this case are an example of how drug trafficking leads to violence,” said DEA Special Agent in Charge Kyle W. Williamson. “DEA will continue to work closely with its law enforcement partners to investigate drug trafficking and associated violent crime in order to bring to justice those who threaten the safety of our communities.”
Ferry pleaded guilty on Feb. 13 to kidnapping and conspiracy to kidnap. On June 26, the court sentenced her to 30 years in prison followed by 5 years of supervised release. On Feb. 13, Torres pleaded guilty to conspiracy to kidnap and faces 14 years in prison.
The Drug Enforcement Administration and the Federal Bureau of Investigation investigated this case with assistance from the Albuquerque Police Department and Second Judicial District Attorney’s Office. The Narcotics section of the U.S. Attorney’s Office prosecuted the case.
Navajo Man from Smith Lake, New Mexico faces federal assault charges for allegedly beating his brother with a baseball batRead the Press Release
ALBUQUERQUE, N.M. – Mark Anthony Hill, 32, an enrolled member of the Navajo Nation residing in of Smith Lake, New Mexico, appeared in federal court in Albuquerque today on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury in Indian Country. A U.S. magistrate judge ordered him held in custody pending trial.
According to the complaint, Hill committed the alleged assault on Aug. 23 in McKinley County, New Mexico. Hill allegedly got into an argument with his brother while drinking alcohol. Hill allegedly struck the victim with his fists and knocked him to the ground. Hill then allegedly retrieved a baseball bat and struck the victim in the head and torso causing serious injuries, including fractures to the victim’s skull and jaw, a dislocated shoulder and a torn left ear.
The Navajo Nation Department of Criminal Investigations arrested Hill on Aug. 26. If convicted, Hill faces up to ten years in prison on each assault charge. A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty.
The Crownpoint District of the Navajo Nation Police Department investigated the case. Assistant U.S. Attorney Thomas J. Aliberti is prosecuting the case.
Ruidoso police officer charged with sending child pornography by emailRead the Press Release
ALBUQUERQUE, N.M. – Christopher Bryant, 46, of Ruidoso, New Mexico made an initial appearance in federal court in Las Cruces, New Mexico yesterday on charges of transportation of child pornography.
According to a criminal complaint, Bryant committed these offenses between Aug. 13 and Aug. 17 in Lincoln County, New Mexico. He alleged found child pornography on the internet and took screenshots of three images of children engaged in sexually explicit conduct. Bryant, who is a detective for the Ruidoso Police Department, allegedly sent the images to himself by email.
Bryant is currently in custody and will return to court Tuesday, Sept. 1 for preliminary and detention hearings. A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The FBI investigated this case with the support of the Ruidoso Police Department. Assistant U.S. Attorneys Matilda McCarthy Villalobos and Dustin Segovia are prosecuting the case.
Man from Dulce, New Mexico, pleads guilty to assaulting 8-month-old baby in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Patrick Duran, 31, of Dulce, New Mexico, pleaded guilty on Aug. 19 in federal court in Albuquerque to assaulting an infant in Indian Country resulting in serious bodily injury.
According to his plea agreement and other public court records, Duran assaulted the child on or about Sept. 28, 2014, on the Jicarilla Apache Indian Reservation in Rio Arriba County, New Mexico. Duran lost his temper while babysitting. He picked the baby up from its crib and bit the baby on the arm. The baby’s mother later returned home to find her child unresponsive with both eyes looking in the same direction. She called an ambulance to take the baby to a hospital in Farmington where doctors ordered the baby flown to Albuquerque for further treatment for serious internal injuries, including bleeding to the brain and eyes, and seizures. The baby is eligible to register with the Jicarilla Apache Nation because both of the child’s parents are members. Duran is a non-Indian.
Duran is out of custody awaiting sentencing on Nov.30. He faces up to seven years in prison under the terms of his plea agreement. .
The Farmington office of the Federal Bureau of Investigation and the Jicarilla Apache Police Department investigated this case. Assistant U.S. Attorneys Kyle Nayback and Nicholas Marshall are prosecuting the case.
Man from Albuquerque sentenced to 14 months in federal prison for posting threatening Facebook messages to Governor Michelle Lujan Grisham of New Mexico, law enforcement officers, and other government officialsRead the Press Release
ALBUQUERQUE, N.M. – Daniel Logan Mock, 34, of Albuquerque, New Mexico was sentenced in federal court in Albuquerque on Aug. 27 to 14 months on two counts of transmission of threatening communications in interstate commerce.
Mock previously pleaded guilty to this offense on May 13. According to his plea agreement, Mock admitted to committing these offenses in Bernalillo County, New Mexico on March 2 and March 13. Mock posted messages on Facebook threatening to kill Governor Michelle Lujan Grisham of New Mexico, law enforcement officers, and other government officials.
Mock must also serve a two-year supervised release term after completing his sentence.
The FBI investigated this case with the U.S. Marshals Service, the New Mexico State Police, and the Albuquerque Police Department. Assistant U.S. Attorney Jaymie L. Roybal prosecuted the case.
Two charged with conspiracy to transport illegal aliens appear in federal courtRead the Press Release
ALBUQUERQUE, N.M. – Christian Barron, 32, and Rosa Briones, 29, both U.S. citizens, have been charged in a criminal complaint with conspiracy to transport illegal aliens. The defendants made an initial appearance in federal court on Aug. 21 and a bond hearing Aug. 24.
According to the complaint, on August 12, 2020, agents from Santa Teresa Border Patrol Station patrolling New Mexico Highway 9 observed a sedan leaving an area near the exact location where other agents had just discovered multiple individuals entering the United States illegally. While conducted an immigration stop, agents discovered that the driver, along with his passenger, had picked up eight individuals who had just entered the country. One person was concealed in the trunk of the car with no water or ventilation, wearing a thermal hoodie as temperatures reached 104 degrees.
With the exceptions of Barron and Briones, everyone in the car was determined to be in the country illegally.
A criminal complaint is only an accusation. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, Barron and Briones face up to 10 years in prison.
This case was investigated by the U.S. Border Patrol. Assistant U.S. Attorney Matthew Ramirez is prosecuting the case.
Purveyors of fraudulent Native American-style goods and products sentenced in federal courtRead the Press Release
ALBUQUERQUE, N.M. – Jawad Khalaf, 72, of Albuquerque, New Mexico, Nashat Khalaf, 73, of Gallup, New Mexico, Sterling Islands, Inc., a wholesale jewelry business in Albuquerque, and Al-Zuni Global Jewelry, Inc., a wholesale jewelry business in Gallup, were sentenced in federal court in Albuquerque yesterday. In April, the defendants pled guilty to misrepresentation of Indian-produced goods and services in an amount greater than $1000 as part of a scheme to import Native American-style jewelry from the Philippines and sell it to customers in the United States as authentic. Another defendant, Taha Shawar, 49, of Breckenridge, Colorado, remains a fugitive.
Jawad Khalaf and Nash Khalaf were sentenced to 2 years’ supervised release and Jawad Khalaf must also perform 100 hours of community service. Sterling Islands Inc. was sentenced to 5 years’ probation and 50 hours community service, while Al-Zuni Global Jewelers, Inc. was sentenced to 5 years’ probation and 20 hours community service. Collectively, the defendants will pay $300,000 to the Indian Arts and Crafts Board and forfeit their interests in $288,738.94 seized by investigators in the case.
A grand jury returned an indictment on Dec. 19, 2018, charging these defendants and three other people with conspiracy, smuggling goods into the United States and misrepresentation of Indian-produced goods and products. The defendants admitted that on Oct. 28, 2015, they displayed and offered for sale miniature canteens at Al-Zuni Global Jewelry in Gallup. These canteens were not actually Indian-produced but could have reasonably been mistaken for authentic Indian-produced canteens.
“I want to express my appreciation for the hard work of the investigators and prosecutors who brought this case to conclusion,’ said John C. Anderson, U.S. Attorney for the District of New Mexico. “It is the culmination of countless hours of diligent work and cooperation among our partnering law enforcement agencies on behalf of Native American artists and artisans. We stand ready to bring the power of the law to bear upon those seeking to profit from cultural theft.”
“This U.S. Fish and Wildlife Service-led investigation uncovered a transnational criminal scheme that defrauded U.S. consumers and Native American artists,” said Assistant Director of the Office of Law Enforcement Edward Grace. “I would like to thank our special agents for their exemplar investigative work as well as our state and federal partners, who because of their collaboration and dedication to duty, these defendants were sentenced yesterday.”
“The Land of Enchantment’s identity and economy relies heavily on Indian art and culture,” said Meridith Stanton, Director of the Indian Arts and Crafts Board (IACB), U.S. Department of the Interior. The IACB by statute is responsible for enforcement of the Indian Arts and Crafts Act, which includes criminal penalties for marketing counterfeit Indian art and craftwork, to protect the economic livelihoods of Indian artists and artisans.
“Consumers must have confidence that the ‘Indian art’ they are purchasing in New Mexico is authentic, and not imported from factories in the Philippines,” said Director Stanton. “At the same time, Indian artists and economies must be protected from unfair competition from counterfeit Indian art. Robust Indian Arts and Crafts Act enforcement ensures that Indian artistic traditions can be passed down from one generation to the next to preserve an important American treasure – authentic Indian art. The Board commends our colleagues at the Office of the U.S. Attorney for the District of New Mexico and the U.S. Fish and Wildlife Service’s Office of Law Enforcement for their extraordinary dedication, diligence, and commitment in working with us to combat the sale of counterfeit Indian art.”
“The FBI hopes this case sends a loud and clear message that those who try to cheat Native Americans of their cultural heritage will be held accountable,” said James C. Langenberg, Special Agent in Charge of the FBI’s Albuquerque Field Office. “We will continue working closely with our partners to make sure our nation’s precious artistic resources are protected.”
“These individuals conspired to exploit the rich culture and work of Indian artisans for their personal gain by selling counterfeit merchandise and passing it as genuine Indian art and craftwork,” said Erik P. Breitzke, acting Special Agent in Charge of Homeland Security Investigations (HIS) El Paso. “This sentence sends a powerful message to others who believe they can do the same and elude justice. HSI will continue to cooperate with our law enforcement partners to assist in protecting and preserving Native American cultural heritage.”
“Yesterday’s sentencing marks a turning point in this case and provides some closure to those who were victimized by this unfair practice,” said Sonya K. Chavez, U.S. Marshal for the District of New Mexico. “This collaboration affirms law enforcement’s commitment to pursuing those who believe they can get away with fraud against our state and our unique cultural resources.”
“The Department of Game and Fish is proud to have been an integral part of this multi-jurisdictional prosecution,” said New Mexico Department of Game and Fish director Michael Sloane. “We take pride in both conserving wildlife and protecting the diverse cultures of New Mexico. We congratulate our partners on a job well done.”
The Office of Law Enforcement for the Southwest Region of the U.S. Fish and Wildlife Service led the investigation of this case with assistance from the Albuquerque Division of the FBI, Homeland Security Investigations, the Indian Arts and Crafts Board, the Drug Enforcement Administration, the U.S. Marshals Service, and the New Mexico Department of Game and Fish. Assistant U.S. Attorneys Jonathon M. Gerson, Sean J. Sullivan, Kristopher N. Houghton, and Stephen R. Kotz prosecuted the case.
Previously deported sex offender charged with illegal reentryRead the Press Release
ALBUQUERQUE, N.M. – Isaias Magana, 41, a convicted sex offender from El Salvador, has been charged with illegally reentering the United States. Magana made an initial appearance in court on Aug.14, and at a hearing on Aug. 18 was ordered to be detained pending trial.
According to a criminal complaint, shortly after midnight on August 13, U.S. Border Patrol Agents allegedly discovered Magana and two other individuals attempting to conceal themselves in the desert brush. A record check revealed that Magana had a criminal history including an aggravated felony conviction for sexual offenses in Utah, and that he subsequently had been deported to El Salvador from the United States through Phoenix, Arizona, in April 2019.
Under federal law, as alien who previously has been arrested and convicted of an aggravated felony and subsequently deported from the United States may not lawfully reenter the country without consent to apply for admission.
A criminal complaint is only an accusation. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, Magana faces up to 20 years in prison.
This case was investigated by the U.S. Border Patrol. Assistant U.S. Attorney Matthew Ramirez is prosecuting the case.