District of New Mexico

ALBUQUERQUE – Troy Livingston, 20, an enrolled member of the Navajo Nation who resides in Bread Springs, New Mexico, pled guilty in federal court in Albuquerque yesterday to second degree murder in Indian Country.

            According to his plea agreement and other court records, Livingston beat Jane Doe, his girlfriend and the mother of his young child, with his hands, feet, and a metal flashlight, which inflicted severe injuries to her head, face and body.  Livingston admitted that he killed Jane Doe with malice aforethought and that he acted with callous and wanton disregard for human life. The murder took place at a residence located in McKinley County and within the exterior boundaries of the Navajo Nation.  

            Livingston is currently in custody awaiting sentencing.  He faces up to life in prison.

            The Federal Bureau of Investigation worked jointly with the Navajo Department of Criminal Investigations to investigate this case.  Assistant U.S. Attorneys David P. Cowen and Frederick T. Mendenhall are prosecuting the case.

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Albuquerque, N.M. – Cornelius “Chip” Galloway, 37, of Albuquerque, New Mexico, was sentenced yesterday to 17 years in prison on federal sex trafficking charges.

            In March, Galloway pled guilty in federal court, admitting to participating in a sex trafficking ring in Bernalillo County from October 2016 to February 2017.  Galloway and other members of the ring operated a prostitution service in which they used force, threats, fraud and coercion to compel women to engage in sex for money.  Galloway admitted the members of the ring advertised prostitutes online, rented hotel rooms for prostitution and arranged appointments with clients by phone.  They did not allow the victims any say about hours, fees or locations, and forced them to turn over all the money they received from customers. 

            Co-defendant Danielle Galloway, to whom Cornelius Galloway was married during the time of their criminal acts, pled guilty on April 8, 2019 to conspiracy to commit sex trafficking.

           Co-defendant Marcus Taylor, 35, has pled guilty to conspiracy to commit sex trafficking, while Matthew Woods, 31, is in custody and scheduled for trial on August 10.  An indictment is only an accusation.  Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.

            This case was investigated by Homeland Security Investigations along with the Albuquerque Police Department.  Assistant U.S. Attorneys Letitia Carroll Simms and Jack E. Burkhead prosecuted the case.

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ALBUQUERQUE, N.M. – Pasqual Francis Ortega, 35, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, New Mexico, was sentenced in federal court in Las Cruces, New Mexico, yesterday in a case involving sexual abuse of a minor. 

            Ortega was arrested on Aug. 14, 2019, on a criminal complaint charging him with sexual abuse of a minor, to which he pled guilty on November 25, 2019.  In entering the guilty plea, Ortega admitted that on July 6, 2019, when he was 34 years old, he knowingly engaged in a sexual act with a child who was 13 years old, and that he committed the crime on the Mescalero Apache Reservation.

Ortega has been sentenced to 41 months in prison with 5 years of supervised release. Ortega will be required to register as a sex offender. 

            This case was investigated by the Federal Bureau of Investigation’s Las Cruces Resident Agency with assistance from the Mescalero Agency of the Bureau of Indian Affairs’ Office of Justice Services. The Case was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

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ALBUQUERQUE, N.M. – Carlos Trevon Morris, 44, of Albuquerque, New Mexico made an initial appearance in federal court in Albuquerque today on a criminal complaint charging him with felon in possession of a firearm.

            This case is being prosecuted as part of Operation Legend, 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.

            “This case exemplifies the goals and aims of Operation Legend: to make Albuquerque a safer place to live by reducing gun violence.” said John Anderson, U.S. Attorney for the District of New Mexico.

            As alleged in the criminal complaint, police officers responded to a call of shots fired at an apartment complex in Albuquerque. As officers approached the complex on foot, they saw Morris as he attempted to place what appeared to be an unconscious male into a vehicle. After shining their flashlights at Morris, officers noticed what appeared to be blood on his arms, shirt, and pants. Directly underneath Morris was the motionless body of the victim. The complaint further alleges that officers saw a bottle of bleach next to the vehicle. Police officers then commanded Morris to the ground and arrested him. The complaint further alleges that the police observed a blood trail from where the body and Morris were located and followed it all the way to an apartment walkway, where they discovered bullet casings and odors of bleach. Police officers also discovered a handgun in Morris’s left pant pocket. Morris was transported to a hospital for a gunshot wound on his right arm. Homicide detectives responded to the scene.

            Morris is currently in custody awaiting a detention hearing scheduled for July 31.  He faces up to 10 years in prison if convicted of the charged offense.  A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.

           The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Albuquerque Police Department investigated this case. Assistant U.S. Attorney Thomas Outler is prosecuting the case.

ALBUQERQUE, N.M. - U.S. Attorney John Anderson announced today the appointment of Denise Billy to serve as the Missing and Murdered Indigenous Persons (MMIP) Coordinator for the District of New Mexico.  Ms. Billy will be the first MMIP Coordinator under a new Department of Justice (DOJ) initiative.   

           As the MMIP coordinator, Ms. Billy will gather reliable data to identify MMIP cases connected to New Mexico’s 22 Tribal Nations.  She will also conduct outreach with tribal communities to assist in the creation and implementation of community action plans.  Her duties will further include coordinating with tribal, local, state and federal law enforcement to develop protocols and procedures for responding to and addressing MMIP cases. Ms. Billy will serve tribal communities and victims throughout New Mexico and will seek to improve data collection as well as assist our tribal partners and advocacy groups.

           “I am delighted that Ms. Billy is joining the U.S. Attorney’s Office as our first MMIP Coordinator,” said U.S. Attorney John C. Anderson.  “Ms. Billy served in many law enforcement capacities for years, which I believe will suit her well in this new position.  Developing national and local protocols to address the MMIP crisis is a priority for the Department of Justice and for the U.S. Attorney’s Office here in New Mexico.  I have every confidence that Ms. Billy will make valuable contributions to this effort.”

           “I am honored and delighted to be chosen to serve as the MMIP Coordinator for the District of New Mexico,” said Ms. Billy. “I look forward to continuing to serve tribal communities here in the heart of Indian Country. This issue is of utmost importance to me and to our Tribal Nations.”

           “We are sad that she will be leaving the department, as she has been a valuable asset throughout her work here, but she is ideally qualified for this opportunity,” said Chief Sylvester Stanley of the Isleta Police Department. “While she is leaving as an employee, we are pleased that she will still be assisting us on several issues from her new position. I am confident that she will be an outstanding addition to the Office of the U.S. Attorney.”

           Prior to joining the U.S. Attorney’s Office, Ms. Billy served as a Criminal Investigator for the Isleta Pueblo Department of Criminal Investigations.  She has also served the Navajo Nation as a Patrol Officer and a Criminal Investigator.  She has a bachelor’s degree from the University of Phoenix and is also working on a Master’s Degree in Law and Indigenous People’s Law from the University of Oklahoma.  Ms. Billy is a member of the Navajo Nation.

           On November 22, 2019, Attorney General William Barr launched a national strategy to address missing and murdered Native Americans. When establishing the MMIP Initiative, DOJ made an initial investment of $1.5 million to hire MMIP coordinators to serve with U.S. Attorneys’ Offices in 11 states, including New Mexico.

           The strategy also calls for the deployment of the FBI’s most advanced response capabilities when needed, improved data collection and analysis and training to support local response efforts.

WASHINGTON – Today, Attorney General William P. Barr joined President Donald J. Trump to announce the expansion of Operation Legend to Chicago and Albuquerque.  Operation Legend is 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 Operation was first launched on July 8 in Kansas City, Missouri, as a result of President Trump’s promise to assist America’s cities that are plagued by recent violence.

            Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.  The first federal arrest under Operation Legend was announced on July 20.

            “The most basic responsibility of government is to protect the safety of our citizens,” said Attorney General Barr. “Today, we have extended Operation Legend to Chicago and Albuquerque to protect the residents of those cities from senseless acts of deadly violence by targeting those involved in gang activity and those who use guns to commit violent crime. For decades, the Department of Justice has achieved significant success when utilizing our anti-violent crime task forces and federal law enforcement agents to enforce federal law and assist American cities which are experiencing upticks in violent crime. The Department of Justice’s assets will supplement local law enforcement efforts, as we work together to take the shooters and chronic violent criminals off of our streets.”

             U.S. Attorney John C. Anderson added the following:

                       "We are grateful for today’s additional commitment of the President and the Attorney General to fighting violent crime in Albuquerque at a time when violent crime remains a plague on our streets. Too often in Albuquerque, violent crimes have left a tragic and lasting impact upon innocent families. Operation Legend reminds us of the human cost that comes from unchecked violence on our streets.

                       As an example of that human cost, the FBI has today announced a reward seeking information leading to the identification and arrest of the individual(s) responsible for  the homicide of Albuquerque resident Jacqueline Vigil. As most in our community are aware, Vigil was fatally shot in her driveway in Albuquerque on the morning of November 19, 2019, when she was headed to the gym. Vigil was 55 years old.

                      Our experience has proven that federal efforts can make a difference in Albuquerque.  For example, as reported in the local press in July 2019, a significant decline of the overall number of robberies the city of Albuquerque coincided with the increase in the United States Attorney’s Office’s prosecution of robberies under the federal Hobbs Act. 

                      I must also briefly address several mistaken reports concerning Operation Legend. The public should please not confuse or equate Operation Legend with the events unfolding in Portland, Oregan. Portland is not an Operation Legend City and Operation Legend was not conceived or announced in response to the events in Portland. Nor is Operation Legend directed at controlling protestors or about immigration enforcement. 

                      Operation Legend is instead about fighting violent crime.  As such, it is a direct augmentation of federal resources for the vital work that federal agents are already doing in Albuquerque in concentrating upon the most dangerous actors and groups in an effort to make the city where we all work and live a safer place."

           As part of Operation Legend, Attorney General Barr directed the FBI, U.S. Marshals Service, DEA and ATF to significantly increase resources into Chicago and Albuquerque in the coming weeks to help state and local officials fight high levels of violent crime, particularly gun violence. Chicago is currently experiencing a significant increase in violent crime, with homicides currently up 51% over 2019. Over the weekend of July 17, more than 60 people were shot in the city of Chicago, with 14 fatalities. Similarly, Albuquerque is currently on pace to break 2019’s record for homicides in the city. On the weekend of July 10, there were four murders in Albuquerque within a 24-hour period.

            In Albuquerque, the Department of Justice will supplement state and local law enforcement agencies by sending more than 25 federal investigators from the FBI, DEA, and ATF to the city.  In coordination with the United States Attorney’s Office, these federal investigators will work closely with the Albuquerque Police Department and the Bernalillo County Sheriff’s Department, along with other local partners, through pre-existing task forces directed at combatting violent crimes. Up to ten HSI agents will assist with the efforts in Albuquerque, as well.

            The Department of Justice has also made available over $1.5 million in COPS Hiring Grants to the Bernalillo County Sheriff’s Department to onboard five deputies and to support additional federal task force officers committed to violent crime reduction efforts. Additionally, the COPS Office has made $9.74 million available to the Albuquerque Police Department to fund the hiring of 40 officers. Separately, the Bureau of Justice Assistance has made available $1.4 million to reimburse the Bernalillo County Sheriff’s Office for the work of local law enforcement on the federal task forces supporting Operation Legend’s violent crime reduction efforts. The Department has also provided assistance through the Joint Law Enforcement Operations (JLEO) fund to assist reimbursement of local law enforcement serving as federal task force officers with FBI, ATF, DEA, and the U.S. Marshals Service.  These JLEO funds also will be used to assist the City of Albuquerque in acquiring technology used for detection of gunshots and development of an integrated response plan to gunshots by local law enforcement.

ALBUQUERQUE, N.M. – Anthony Gilbert Thompson, 31, of Roswell, New Mexico, appeared in federal court in Albuquerque on July 13 for an initial appearance on a criminal complaint charging him with failure to register as a sex offender.

          According to the criminal complaint, Thompson was previously convicted in 2009 of possession of child pornography and again in 2012 for the same offense. Thompson was allegedly finishing his second term of imprisonment in a residential reentry center in Las Vegas, Nevada, when he escaped the facility on Feb 6. He was later found and arrested in Roswell, New Mexico, by deputies of the U.S. Marshals on June 18. Thompson allegedly had not notified authorities in Nevada or in New Mexico that he would be residing or working in New Mexico, in violation of the Sex Offender Registration and Notification Act.

          Thompson is currently in custody pending trial after a detention hearing on July 15.  He faces up to 10 years in prison.  A criminal complaint is only an accusation.  A defendant is presumed innocent until proven guilty.

          The United States Marshal Service, FBI, and Roswell Police Department investigated this case.  Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.

ALBUQUERQUE, N.M. – Dieter D. Douglas, 34, of Shiprock, New Mexico, pleaded guilty in federal court in Albuquerque on July 14 to two counts of assault of an intimate partner by strangling or suffocating.  The charges arose in Indian Country and were part of a superseding indictment.

           According to his plea agreement, Douglas, an enrolled member of the Navajo Nation, admitted to strangling the victim on two separate occasions, while in San Juan County, New Mexico, within the exterior boundaries of the Navajo Indian Reservation. Douglas first admitted to covering his intimate partner’s mouth with his hand and also placing his hand around her neck to impede her breathing and blood flow during a fight on October 3, 2018. Douglas further admitted that he strangled the same victim again on May 4, 2019, during which time the victim reported losing consciousness.

           Douglas is currently in custody pending sentencing. He faces up to ten years of imprisonment for each of the charges to which he has pled guilty.

           The FBI and the Navajo Nation Criminal Investigation Office in Shiprock, New Mexico investigated this case. Assistant U.S Attorney Novaline D. Wilson is prosecuting the case.

ALBUQUERQUE, N.M. – Inocente Rivera, 20, of Ascensión, Chihuahua, Mexico, pleaded guilty in federal court in Las Cruces, New Mexico, on July 14 to an information charging him with one count of conspiracy to distribute 100 kilograms or more of a mixture and substance containing a detectable amount of marijuana, and one count of possession with intent to distribute 100 kilograms and more of marijuana.

            According to his plea agreement, Rivera admitted to committing these offenses in Luna County, New Mexico, on May 12.  He tried to enter the United States at the port of entry in Columbus, New Mexico with 305 wrapped bundles of marijuana hidden in the cargo bed of the vehicle he was driving.  Rivera intended to distribute the smuggled marijuana in the United States. U.S. Customs and Border Protection officers inspected the vehicle and located the hidden contraband, according to the complaint. 

            Rivera is currently in custody awaiting sentencing.  He faces up to 40 years in prison. 

            Homeland Security Investigations and U.S. Customs and Border Protection Office of Field Operations investigated this case.  Assistant U.S. Attorney Bradley Bartlett is prosecuting the case.

ALBUQUERQUE, N.M. – Blaine Morgan, 35, of Crownpoint, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court on July 9 for an arraignment on an indictment charging him with second-degree murder in Indian Country.

            According to the indictment and other court records, Morgan attended a small gathering on Mar. 29 in a trailer within the boundaries of the Navajo Nation in Church Rock, New Mexico.  Morgan began to argue with the victim and opted to “to take it outside” where where Morgan fought with the victim and stabbed the victim several times.  The victim was later pronounced dead at Gallup Indian Medical Center. 

            The FBI arrested Morgan on July 6.   He is in custody pending a detention hearing scheduled for July 13.  Morgan faces up to life in prison if convicted. 

            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 Navajo Nation Police Department.   Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.

ALBUQUERQUE, N.M. – Ion Antonescu, 36, of Anaheim, California and Ramona Ghiocel, 37, of Bueno Park, California were sentenced in federal court in Albuquerque on July 9 for access device fraud offenses.  Antonescu received a sentence of 30 months in prison and Ghiocel received a sentence of 24 months in prison.

           Antonescu pleaded guilty to access device fraud on Jan. 13.  Ghiocel pleaded guilty to conspiracy to commit access device fraud on the same date.  According to their plea agreements and other public court records, Antonescu and Ghiocel participated in a conspiracy to commit access device fraud in New Mexico during a period of time including November 2018 to March 2019.  They knew other members of the conspiracy installed skimming device on ATMs to steal credit and debit card information, created counterfeit access devices and used counterfeit and unauthorized access devices to obtain money.  Antonescu provided transportation, lodging and other logistical support in furtherance of the conspiracy.  Ghiocel rented an automobile using an alias and provided it to co-conspirators.  Antonescu and Ghiocel also made false statements to federal agents to conceal and avoid responsibility for their crimes.  The conspiracy involved theft of more than $170,000.

           The FBI investigated this case. Assistant U.S. Attorney Paul Schied prosecuted the case

ALBUQUERQUE, N.M. – Nakrista Saiz, 33, of Farmington, New Mexico was sentenced in federal court in Albuquerque today to 110 months in prison for assault on a federal officer involving use of a deadly weapon and infliction of bodily injury.

           According to Saiz’s plea agreement, she committed these offenses on Aug. 27, 2018 in San Juan County, New Mexico. Saiz was driving a car with her husband in the passenger seat.  Deputies from the U.S. Marshals Service and San Juan County Sheriff’s Office tried to pull her car over to arrest her and her husband on warrants.  The deputies got out of their car, drew their guns and ordered Saiz and her husband to get out of their vehicle. Saiz disobeyed the deputies’ orders and assaulted the deputies.  She rammed their car head-on and ran over the deputy marshal’s leg while trying to drive away.  The deputy needed treatment at the hospital for his injuries, including knee and back pain, scratches and sore ribs.  

           Saiz must also serve a three-year supervised release term after completing her sentence. 

           The United States Marshal Service and San Juan County Sheriff’s Office investigated this case. Assistant U.S. Attorney Sammy Hurtado prosecuted the case.

ALBUQUERQUE, N.M. – Savannah Secatero, 37, of Alamo, New Mexico was sentenced today in federal court in Albuquerque to 33 months in prison followed by 3 years of supervised release for conspiracy to distribute heroin.

          Secatero previously pled guilty to this offense on Dec. 11, 2019.  According to her plea agreement, Secatero admitted receiving weekly shipments of heroin at her home on the Navajo Nation Alamo Reservation from August to December 2017.  Secatero sold the heroin locally.  On Dec. 18, 2017, Secatero possessed a handgun, drug ledger, and drug packaging at her residence while waiting for more heroin to arrive. 

          The Federal Bureau of Investigation and the Navajo Nation Police Department investigated this case.  Assistant U.S. Attorney David P. Cowen prosecuted the case.

ALBUQUERQUE, N.M.  – Horacio Benjamin Trujillo, 42, of San Fidel, New Mexico was sentenced on July 7 in federal court in Albuquerque to 12 years in prison for sexually abusing a child under the age of 12 in Indian Country.

            Trujillo pleaded guilty to this offense on Oct. 28, 2019.  In his plea agreement, Trujillo admitted making the child victim touch his penis at Laguna/Acoma High School where Trujillo worked as a custodian.   This abuse occurred between Aug. 13, 2015 and May 28, 2015.  At the time of the abuse, the victim was between 10 and 11 years old.  Trujillo is a non-Indian.  The victim in an enrolled member of the Pueblo of Laguna. 

            The Bureau of Indian Affairs investigated this case with assistance from the Cibola County Sheriff’s Department.   Assistant U.S. Attorney Allison Jaros prosecuted the case.

ALBUQUERQUE, N.M. – Tony Gauna, 37, of Vaughn, New Mexico appeared in federal court in Albuquerque today for an initial appearance on a criminal complaint charging him with participation in a Racketeering Influenced and Corrupt Organizations (“RICO”) conspiracy and other offenses related to the Syndicato de Nuevo Mexico (“SNM”) prison gang.

            The complaint specifically charges Gauna with one count of RICO conspiracy, two counts of interference with commerce by threats or violence, one count of brandishing a firearm during a crime of violence, one count of discharging a firearm during a crime of violence and one count of being a felon in possession of a firearm. 

            According to the criminal complaint, Gauna has been a member of the SNM prison gang since 2001.  He allegedly committed numerous violent crimes on behalf of SNM since joining the gang.  These crimes included allegedly brandishing a pistol while robbing a discount store in Albuquerque on April 15 and allegedly discharging a pistol during a restaurant robbery in Albuquerque on April 30.  Gauna could not lawfully possess firearms at the time of these alleged offenses based on previous felony convictions for shooting at or from a motor vehicle, battery on a police officer, auto burglary and other crimes.

            Gauna also allegedly committed other acts of violence on behalf of SNM, including a stabbing to enforce a drug debt in 2003 and a beating at a park in Roswell, New Mexico in 2009.  The complaint further accuses Gauna of stealing firearms from a home in Roswell in 2009 and selling the firearms to SNM members.  The criminal complaint also accuses Gauna of committing several drug trafficking offenses on behalf of SNM, including smuggling heroin into detention and correctional facilities in New Mexico.   

            Gauna is currently in custody pending a detention hearing on July 6.  He faces up to 20 years in prison for RICO conspiracy and interference with commerce by threats or violence.  Gauna faces from ten years to life in prison for discharging and from seven years to life in prison for brandishing a firearm during a crime of violence.  He faces up to ten years in prison for being a felon in possession of a firearm.  A criminal complaint is only an accusation.  A defendant is presumed innocent until proven guilty.            

            The FBI investigated this case with assistance from the New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correctional Center, Albuquerque Police Department, and U.S. Marshals Service.  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.

ALBUQUERQUE, N.M.  – Jose Rueben Garcia, 37, of Santa Ana Pueblo, New Mexico, pleaded guilty in federal court today to being a felon in possession of a firearm.

           According to public court documents, Garcia committed the offense in Sandoval County on June 22, 2019.  Garcia ran into his neighbor’s house carrying a firearm while appearing to be under the influence of drugs. Garcia was sweating and wearing no shirt or shoes.  He claimed two assailants were pursuing him and needed to fire his weapon to ward them off.  Garcia attempted to point out the assailants from a neighbor’s window but no one was there. Santa Ana Police responded to the scene and arrested Garcia, who could not lawfully possess any firearms due to a previous felony conviction for aggravated battery.  

           Garcia is currently in custody awaiting sentencing.  He faces 10 years in prison.

           The Pueblo of Santa Ana Police Department and the Bureau of Indian Affairs Office of Justice Services – Branch of Criminal Investigations investigated the case. Assistant U.S. Attorney Thomas J. Aliberti is prosecuting the case.

           ALBUQUERQUE, N.M. –Josea Michael Kazhe, 19, of Mescalero, New Mexico pleaded guilty in federal court in Las Cruces, New Mexico on June 25 to assault resulting in serious bodily injury in Indian Country.

           According to Kazhe’s plea agreement, he assaulted the victim on Dec. 24, 2019 in Otero County, New Mexico within the boundaries of the Mescalero Apache Reservation. Kazhe cut the victim’s arm with a chainsaw causing a deep laceration.  The victim needed emergency transportation by helicopter to a hospital in El Paso, for treatment . Kazhe and the victim are both enrolled members of the Mescalero Apache Tribe.

           Kazhe is currently in custody awaiting sentencing.  He faces from 18 to 24 months in prison under the terms of his plea agreement. 

           The FBI and Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Aaron O. Jordan is prosecuting the case.

ALBUQUERQUE, N.M. – Mariah Ferry, 22, of Albuquerque was sentenced today in federal court in Santa Fe, New Mexico to 30 years in prison on charges related to the kidnappings and brutal assaults of two victims suspected of stealing drugs and money from the home of co-defendant, Chase Smothermon, 32, of Albuquerque. 

            Ferry pleaded guilty on Feb. 13 to kidnapping and conspiracy to kidnap, resulting in the death of J.S.  According to Ferry’s plea agreement and other public court records, Smothermon, Ferry, and a third co-defendant, Jose Torrez, 48, of Albuquerque, and other co-conspirators took part in a scheme to retaliate against two victims who they believed stole marijuana from Smothermon’s home where he resided with Ferry.  On Aug. 8, 2017, Torrez alerted Smothermon that J.S. was present at Torrez’s home.  Smothermon went to Torrez’s home to retaliate against J.S. and try to get his drugs and money back.  Ferry drove Smothermon to Torrez’s home where Smothermon and co-conspirators brutally beat J.S. with a baseball bat and the butt of a gun.

            Smothermon and co-conspirators then put J.S. in the trunk of Ferry’s car and bound J.S.’s hands, ankles, and mouth with tape.  Ferry drove Smothermon and J.S. to another co-conspirator’s home where J.S. died shortly thereafter. Ferry and Smothermon then mutilated J.S.’s body in a shed.  Later the same day, Smothermon contacted M.T. under a ruse that Smothermon wanted to buy marijuana from M.T.  When M.T. arrived at Smothermon’s home, Smothermon, Ferry and others bound, gagged and assaulted M.T. for hours. After several hours, two other co-conspirators escorted a bound and badly beaten M.T. out of Smothermon’s home and drove him to another location where M.T. was held overnight before M.T. was released.  On Aug. 9, 2017, Ferry drove Smothermon and another co-conspirator to a rural area in New Mexico where they buried J.S.’s body in a shallow grave.

            Smothermon pleaded guilty on Jan. 24 to kidnapping and conspiracy to kidnap, resulting in the death of J.S.  Torrez pleaded guilty on Feb. 13 to conspiracy to kidnap, resulting in the death of J.S. Smothermon and Torrez are in custody awaiting sentencing.  They face up to life in prison for each offense.  However, under the terms of their plea agreements, should the sentencing court accept their plea agreements, Smothermon will receive a sentence between 40 to 60 years and Torrez will receive a sentence of 14 years. 

            The DEA and FBI 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 is prosecuting the case.

ALBUQUERQUE, N.M. – Joshua Neil Bowen, 28, of Alto, New Mexico pleaded guilty on June 25 in federal court in Las Cruces, New Mexico to kidnapping. 

            According to Bowen’s plea agreement and other public court documents, he and four co-defendants abducted the victim from a travel center in Mescalero, New Mexico on April 4, 2019.  Bowen and Roberto Cervantes, 25, of Chaparral, New Mexico each had a firearm at the time.  Cervantes hit the victim in the face several times.  They also tied and bound the victim in an attempted robbery. 

            Bowen and his co-defendants took the victim to Chaparral where the co-defendants tried to withdraw money from the victim’s bank account with a debit card.  From there, some of the co-defendants traveled to El Paso, Texas, where Bowen took the victim to a bank.  Bowen ordered the victim to pretend to be Bowen’s grandfather and change the PIN for the victim’s ATM card. After changing the PIN, Bowen transported the victim back to New Mexico.  Some of the co-defendants obtained money from the victim’s bank account. 

            Bowen and his co-defendants checked into a hotel in Las Cruces on April 5, 2019, where they prevented the victim from leaving.  Bowen and Brittany Priddy, 30, of Ruidoso, New Mexico left the hotel on April 7, 2019, and traveled to a residence.  On April 8, 2019, the victim managed to call his son and tell him where he was.  An officer from the Las Cruces Police Department responded and rescued the victim. 

            Priddy pleaded guilty on April 28.  Derek Welborn, 30, of Ruidoso Downs, New Mexico pleaded guilty on April 30.  Cervantes and Alison Comstock, 28, of Carrizozo, New Mexico pleaded guilty on May 19.  All of the defendants are in custody awaiting sentencing.

            The FBI investigated this case with the New Mexico State Police, Ruidoso Downs Police Department, Las Cruces Police Department and Dona Ana Sheriff’s Office.  Assistant U.S. Attorneys Marisa A. Ong and Tilli M. Villalobos is prosecuting the case. 

ALBUQUERQUE, N.M. – Stetson Shane Barnes, 28, of Loving, New Mexico, Donald Alfred Busch, 32, of Carlsbad, New Mexico, Jehra Lynn Hedgecock, 31, of Carlsbad, New Mexico, and Tyson Lee Terrell, 36, of Carlsbad, New Mexico, appeared in federal court in Las Cruces, New Mexico during the course of this week for preliminary and detention hearings on a criminal complaint charging them with conspiracy to commit carjacking.   A U.S. magistrate judge ordered them to remain in custody pending trial.

            According to public court documents, Barnes, Busch, Hedgecock, and Terrell allegedly went to a home in Loving, New Mexico on May 28, 2019, to steal a motorcycle.  Hedgecock allegedly drove the four defendants to the location in her truck and knocked on the front door while Busch and Terrell attempted to jumpstart motorcycles parked at the residence.  Barnes, Busch, and Hedgecock allegedly pointed their guns at a man who came outside during the attempted theft.         

            Hedgecock allegedly drove Terrell and Barnes away from the home in her truck while Busch pushed one of the motorcycles off the property.  Multiple rounds of ammunition were allegedly fired from the truck and into the residence as they drove away.  One of those rounds struck and killed the same man who Barnes, Busch, and Hedgecock previously confronted at gunpoint.

            Hedgecock stopped a short distance away from the home where Barnes and Terrell assisted Busch in loading the stolen motorcycle into the bed of the truck.  All four defendants then left the scene together.  Police later found Hedgecock’s truck burning in a ravine near Carlsbad, New Mexico.  Law enforcement later recovered the stolen motorcycle from a property shared by Barnes and Terrell. 

            A criminal complaint is only an accusation.  All defendants are presumed innocent until proven guilty. 

            The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case in conjunction with the New Mexico State Police, Eddy County Sheriff’s Office, and the Loving Police Department.  Assistant U.S. Attorneys Maria Armijo and Ry Ellison are prosecuting the case.

ALBUQUERQUE, N.M. – Clarence Michael Ransom, 52, of Las Cruces, New Mexico pleaded guilty in federal court in Las Cruces on June 23 to one count of attempted production of child pornography, two counts of international parental kidnapping and one count of failure to report international travel as a sex offender.

           In Ransom’s plea agreement, he admitted having at least ten sexually explicit conversations over an online social networking and dating platform in May 2019.  Ransom believed he was chatting with a 14-year-old girl.  The other party to the conversations was actually an undercover law enforcement officer.  Ransom used extremely sexual and coercive language to try to obtain sexually explicit photographs of the person he though was a child.  Ransom engaged in these conversations in Doña Ana County, New Mexico.   

           Ransom also admitted kidnapping his two children from their mother, who he shared custody with, and fleeing with them to Mexico on Oct. 8, 2019.  Mexican law enforcement later arrested Ransom and transported him back to the United States for prosecution. 

           Ransom is required to register as sex offender based on a conviction in 1991 for engaging in an unlawful sexual act with a child under 12.  Ransom violated federal requirements to update his sex offender registration and to notify the proper authorities when he left the United States.

           Ransom is currently in custody awaiting sentencing.  He faces from 25 to 50 years in prison. 

           The FBI and United States Marshal Service investigated this case with the assistance of the Las Cruces Police Department. Assistant U.S Attorney Matilda M. Villalobos and Mark A. Saltman are prosecuting the case.

ALBUQUERQUE, N.M. – Frank Howe Jr., 24, of Rock Springs, New Mexico was sentenced on June 23 in federal court in Albuquerque to 37 months in prison for assault resulting in serious bodily injury in Indian Country.

           Howe previously pleaded guilty to this offense on Feb. 28.  According to his plea agreement, Howe, an enrolled member of the Navajo Nation, admitted to physically assaulting his girlfriend in Indian Country on May 7, 2018, within the exterior boundaries of the Navajo Nation.  He got into an argument with the victim while driving his vehicle.  Howe pulled his vehicle over and assaulted the victim causing serious bodily injury.

           Howe must also serve a three-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 with the assistance from the McKinley County Sheriff’s Office.  Assistant U.S. Attorney David P. Cowen prosecuted the case.

ALBUQUERQUE, N.M. – Bryan Bencomo Mendoza, 22, of Santa Fe, New Mexico pleaded guilty in federal court in Albuquerque on June 22 to an indictment charging him with residential burglary in Indian Country.        

            According to the indictment and other public court records, Mendoza committed this offense on the Pueblo of Pojoaque in Santa Fe County on June 21, 2018.  Mendoza broke into the apartment of tribal members while they were at work.  Mendoza stole a video game console and sold it to a store in Espanola, New Mexico

            Mendoza is currently in custody pending sentencing.  He faces up to three years in prison. 

            The Bureau of Indian Affairs investigated this case with assistance from the Pojoaque Tribal Police Department.   Assistant U.S. Attorney Joseph Spindle is prosecuting the case.

ALBUQUERQUE, N.M. - Adrianne Cellicion, 44, of Zuni, New Mexico was sentenced in federal court in Santa Fe on June 16 to 85 months in prison for kidnapping and carjacking in Indian Country. Cellicion is an enrolled member of Zuni Pueblo.          

            A jury convicted Cellicion of these offenses crimes on June 5, 2019.  According to evidence introduced at trial, Cellicion and two co-defendants Preston John, 25, of Gallup, New Mexico and Brando Largo, 28, of Crownpoint, New Mexico were traveling as passengers in an vehicle driven by the victim.  They ordered the victim to an area behind a building where Largo put a chain around the victim’s neck and choked the victim.  Cellicion then taped the victim’s hands together.  They blindfolded the victim and restrained the victim’s hands and legs.  John held the victim’s neck and took the victim’s cell phone.  They also tied the victim to a nearby tree with John’s belt before fleeing the scene with all his belongings.  The victim eventually escaped from the restraints, hitchhiked back to Gallup and reported the incident to law enforcement.  Cellicion was later arrested at a motel nearby.

            John pleaded guilty to kidnapping on July 5, 2019.  He is serving a sentence of five years in prison. Largo pleaded guilty to kidnapping on July 9, 2019.  He is serving a sentence of 84 months in prison.            

            The Gallup office of the FBI investigated the case with assistance from the Gallup Police Department and Navajo Nation Police Department.  Assistant U.S. Attorneys Michael D. Murphy and Frederick Mendenhall prosecuted the case.

ALBUQUERQUE, N.M. – Roy Thundercloud, 37, of Albuquerque, New Mexico, appeared in federal court in Albuquerque, New Mexico on June 15 for an initial appearance on a criminal complaint charging him with felon in possession of a firearm and ammunition.

            According to the complaint, Thundercloud allegedly committed the offense on May 31.  Thundercloud allegedly fired several shots out the window of his apartment near Albuquerque High School with an AK-47 rifle.  Thundercloud also allegedly confronted four people in the parking lot of his apartment complex and tried to intimidate them by firing a shot into the air.  Thundercloud eventually surrendered after police responded to the scene and attempted to secure the area and detain him.

            Thundercloud also allegedly posted a video on Instagram showing him shooting a rifle out a bedroom window.  Thundercloud also allegedly possessed ammunition for the rifle including shell casings for discharged rounds.  The rifle was manufactured in Serbia.  Thundercloud could not lawfully possess the rifle or ammunition based on previous felony convictions for possession with intent to distribute marijuana, burglary, child abuse and aggravated driving while intoxicated.  

            Thundercloud is currently in custody pending a detention hearing on June 17.  If convicted, he faces up to 10 years in prison for the charged offense.   A criminal complaint is only an accusation.  A defendant is presumed innocent until proven guilty.

           The Bureau of Alcohol, Tobacco, Firearms, Explosives Task Force and Albuquerque Police Department investigated this case.  Assistant U.S. Attorney Sarah Mease is prosecuting the case.

ALBUQUERQUE, N.M. – Mikko Sekiya, 38, of Albuquerque, New Mexico was sentenced in federal court in Albuquerque on June 15 to seven years in prison for theft of a firearm from a licensed firearms dealer, possession of a stolen firearm and being a felon in possession of a firearm.

           A jury convicted Sekiya of these charges on Nov. 7, 2019.  According to the evidence at trial and other public court records, Sekiya stole a handgun from a firearms dealer in Albuquerque on Jan. 2, 2018.  He asked a salesperson to look at the gun and then ran from the store without paying.  Sekiya possessed the stolen firearm on Jan. 11, 2019 when police stopped him for driving a pickup truck previously reported stolen from a dealership in Albuquerque.   Sekiya was prohibited from possessing firearms based on previous convictions for shooting at a dwelling or occupied building.          

            The Bureau of Alcohol, Tobacco, Firearms and Explosives and Albuquerque Police Department investigated this case. Special Assistant U.S Attorney Timothy D. Trembley prosecuted the case.

ALBUQUERQUE, N.M. – Edmond Andrew Yahnahki Shanta, 22, of Mescalero, New Mexico pleaded guilty in federal court in Las Cruces on June 4 to assault resulting in serious bodily injury in Indian Country.

           According to his plea agreement, Shanta assaulted the victim on July 13, 2019 in Otero County, New Mexico within the boundaries of the Mescalero Apache Reservation. Shanta struck the victim in the face with a rock causing a deep cut and several fractures. The victim was transported to a hospital where the victim needed surgery and four days of medical care for the victim’s injuries. Shanta is an enrolled member of the Mescalero Apache Tribe.

          Shanta is currently in custody pending sentencing. He faces three years in prison under the terms of his plea agreement.

          The FBI investigated this case. Assistant U.S Attorney Aaron O. Jordan is prosecuting the case.

ALBUQUERQUE, N.M. – Selmonio Davis, 34, of Albuquerque, New Mexico, pleaded guilty in federal court in Albuquerque on June 11 to possession with intent to distribute methamphetamine, being a felon in possession of a firearm and possession of a firearm in furtherance of a drug trafficking crime.

             According to his plea agreement, Davis possessed methamphetamine, heroin, and cocaine at his apartment when police executed a search warrant at the location on June 6, 2019.  Davis also possessed other materials and drug paraphernalia to assist him in preparing the drugs for distribution.  Davis also possessed a semiautomatic handgun to further his drug trafficking crimes.  Davis could not lawfully possess this firearm based on previous felony convictions for possession of a controlled substance and false imprisonment. 

            Davis is currently in custody awaiting sentencing.  He faces 108 months in prison under the terms of his plea agreement. 

            The Albuquerque office of the FBI and the New Mexico State Police investigated this case.  Assistant U.S. Attorney David P. Cowen is prosecuting the case.

ALBUQUERQUE, N.M. – Aaron Tyler Stroud, 39, of Las Cruces, New Mexico was sentenced in federal court in Las Cruces on June 10 to eight months and 12 days in prison for false personation of an officer or employee of the United States.

           According to public court documents, Stroud committed the offense in Doña Ana County on Sept. 29, 2019.  He approached an officer from the Las Cruces Police Department who was responding to a report of domestic violence.  Stroud claimed to be an officer of the U.S. Marshal Service.  He was wearing a shirt with “U.S. Marshal” printed on it.  Stroud also carried a radio, a false badge, and a holstered firearm.  He said he routinely patrolled the area. Stroud had previously intervened in the domestic dispute by pretending to be a deputy Marshal and pointing his gun at the man and woman involved in the dispute.

           Stroud will receive credit for time already served in custody.  He also must serve a two-year term of supervised release following his imprisonment.

           The United States Marshal Service and Las Cruces Police Department investigated this case. Assistant U.S. Attorney Joni Autrey Stahl prosecuted the case.

ALBUQUERQUE, N.M. – Derek Padilla, 29, of Santa Fe, New Mexico appeared in federal court on June 10 on a criminal complaint charging him with theft of government property in Indian Country.  A U.S. magistrate judge conducted a detention hearing and ordered him to remain in custody pending trial.

            According to the criminal complaint, Padilla allegedly committed the offense in Santa Fe County on Nambe Pueblo.  Sometime in May 2020, Padilla allegedly entered a Bureau of Indian Affairs storage compound and stole government property, including a government vehicle and firearms. 

            The Bureau of Indian Affairs arrested Padilla on June 4, 2020.  He faces up to ten years in prison if convicted.  Complaints are only allegations.  A defendant is presumed innocent unless and until proven guilty.

            The Bureau of Indian Affairs is investigating this case with assistance from New Mexico State Police, Santa Fe County Sheriff’s Office, Pojoaque Police Department, and Federal Protective Service.  Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.

ALBUQUERQUE, N.M. – U.S. Attorney John C. Anderson announced today the Department of Justice has awarded a combined $2,044,990 to the City of Albuquerque, the City of Espanola, the City of Gallup, the City of Rio Rancho, the County of Santa Fe and the County of San Juan as part of the Office of Justice Program’s Coronavirus Emergency Supplemental Funding Program.

            “The COVID-19 pandemic continues to present many public safety challenges for New Mexico,” said U.S. Attorney Anderson. “The grant funds awarded to these cities, counties, and law enforcement agencies will assist them in meeting the specific needs of their communities.  I am thankful to the Office of Justice Programs for making these urgently needed resources available to our state.” 

            City of Albuquerque – $1,644,717

            City of Espanola – $70,596

            City of Gallup – $94,413

            City of Rio Rancho – $50,098

            County of Santa Fe – $58,008

            County of San Juan – $127,158

           Coronavirus Emergency Supplemental Funding Program has dedicated $850 million nationally to assist eligible states, local units of government, and tribes in preventing, preparing for, and responding to the coronavirus.  The New Mexico Department of Public Safety received a $6 million grant last month. 

            Allowable projects and purchases include overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), training, travel expenses, and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers.

ALBUQUERQUE, N.M. – A federal judge in Santa Fe, New Mexico sentenced Craig M. Young, 55, of Albuquerque to 71 months in federal prison today for conspiracy and conspiracy to commit money laundering in connection with the operation of Ayudando Guardians, Inc., a non-profit corporation based in Albuquerque that previously provided guardianship, conservatorship, and financial management to hundreds of people with special needs.

            Young pleaded guilty on Nov. 12, 2019.  In his plea agreement, he admitted committing these crimes while employed as a guardian for Ayudando.  Young used a business American Express card to pay personal expenses.  He knew that Sharon Moore, 64, of Albuquerque, who served as co-owner and chief finance officer at Ayudando, paid his American Express bill each month from at least 2010 to June 2017 using funds from Ayudando’s client reimbursement and petty cash accounts. 

            Young further admitted acting with Moore and his mother, Susan K. Harris, 73, of Albuquerque, who was the of 95% owner and president of Ayudando, to write and endorse numerous checks from Ayudando accounts to themselves, to cash, and to family members and to other payees for their own benefit.  Young admitted paying his monthly mortgage in this manner.  Young further admitted selling a motor home purchased with proceeds from the fraud scheme because he believed federal investigators could seize the motor home as proceeds of criminal activity. 

            Young must serve a 3-year term of supervised release following imprisonment.  He must also pay approximately $6.8 million in restitution to the victims of the fraud scheme.

            Moore pleaded guilty on July 9, 2019, to conspiracy, mail fraud, aggravated identity theft, money laundering, and conspiracy to commit money laundering.  She is currently serving a 20-year prison sentence.

            Harris pleaded guilty on July 11, 2019, to conspiracy, mail fraud, aggravated identity theft, money laundering, and conspiracy to commit money laundering.  Young’s stepfather, William S. Harris, 59, of Albuquerque, who also worked as a guardian, pleaded guilty on June 25, 2019, to conspiracy and conspiracy to commit money laundering.

            Susan and William Harris are currently in custody awaiting sentencing.  The U.S. Marshals Service arrested them in Shawnee, Oklahoma on April 15 after they fled New Mexico and failed to appear for sentencing on March 2. 

            The Complex Assets Unit of the U.S. Marshals Service is continuing to work to locate assets and funds that can be seized and returned to victims through the forfeiture and restitution process. Additionally, the VA and SSA are working to provide reimbursement of stolen government benefits to those Ayudando clients that received benefits from those agencies, consistent with federal law and regulations.

            The Albuquerque offices of the FBI and IRS Criminal Investigation conducted the investigation, which resulted in the charges in the indictment, and are leading the continuing investigation.  The Complex Assets Unit and the Albuquerque office of the USMS, the Criminal Investigations Division of the Department of Veterans Affairs Office of Inspector General, and the Dallas Field Division of the Social Security Administration Office of Inspector General are assisting in the investigation.  Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.

ALBUQUERQUE, N.M. – Shawn J. Forte, 28, of Mescalero, New Mexico was sentenced in federal court in Las Cruces, New Mexico on June 4 to 10 months in prison for assaulting federal officers in the performance of their official duties.

            Forte previously pleaded guilty to this charge on Nov. 4, 2019. He admitted committing this offense on May 17, 2019.  According to his plea agreement and other public court documents, Forte was jumping in front of cars on a highway within the Mescalero Apache Reservation.  Police officers from the Bureau of Indian Affairs responded to the scene and tried to arrest Forte.  Forte refused to put his hands behind his back.  Forte resisted the officers for several minutes as they used tasers and pepper spray to stop him.  During the struggle, Forte punched two officers in the head and kicked one of them in the head causing cuts, bruising and abrasions.  Forte continued to resist while being transported to the hospital for medical treatment.     

            The Las Cruces office of the FBI investigated this case. Assistant U.S. Attorney Tilli McCarthy Villalobos prosecuted the case.

ALBUQUERQUE, N.M. – Garrith Bitsilly, 33, of Newcomb, New Mexico, pleaded guilty in federal court in Albuquerque on June 1 to a charge of abusive sexual contact in Indian Country.

            According to Bitsilly’s plea agreement, he committed the offense between Feb. 1, 2014, and Aug. 31, 2014 within the territory of the Navajo Nation in San Juan County. Bitsilly forced a child under the age of 12 to have sexual contact with him at a family member’s residence. Bitsilly is an enrolled member of the Navajo Nation.           

            Bitsilly is currently in custody pending sentencing.  He faces 63 months in prison under the terms of his plea agreement. 

            The Farmington office of the FBI investigated this case.  Assistant U.S. Attorney Elisa C. Dimas is prosecuting the case.

ALBUQUERQUE, N.M. – Ismael Valdez, 37, of Las Cruces, New Mexico, appeared in federal court in Las Cruces on June 1 for an initial appearance on a criminal complaint charging him with attempted enticement of a minor, attempted production of child pornography, attempted solicitation of child pornography, and attempted transfer of obscene material to a minor.

            According to the criminal complaint, Valdez allegedly committed these offenses between April 29 and May 29 of this year.  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.  He traveled from his home in Las Cruces to the meeting location where law enforcement agents arrested him.

            Valdez is currently in custody pending a detention hearing on June 4.  He faces up to life in prison.  A criminal complaint is only an accusation.  A defendant is presumed innocent until proven guilty.

            FBI investigated this case.  Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.

ALBUQUERQUE, N.M. - Kylee Mee-Shell Martinez, 27, of Mescalero, New Mexico, pleaded guilty in federal court in Las Cruces, New Mexico on June 1 to assault resulting in serious bodily injury.

           According to Martinez’s plea agreement and other public court records, Martinez got into an argument with another woman at a house party on the Mescalero Apache Reservation on Oct. 6, 2019.  Martinez punched the victim in the face and body and backed the victim into a pole on the front porch.  The victim’s head slammed against the pole causing a two-inch laceration.  The victim lost consciousness.  She later needed eight staples at the hospital to repair the wound. 

           Martinez is currently out of custody pending sentencing.  She faces up to 10 years in prison. 

           The Las Cruces office of the FBI investigated this case.  Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.

ALBUQUERQUE, N.M. – Quincy D’own Nash, 42, of Hobbs, New Mexico was sentenced in federal court in Albuquerque on May 27 to eight years in prison for possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime and being a felon in possession of a firearm.

             Nash pleaded guilty to these offenses on Nov. 5, 2019. In Nash’s plea agreement, he admitted committing these offenses in Lea County, New Mexico on Sept. 17, 2016. Nash was pulled over for a traffic violation, and then investigated for driving under the influence. After Nash was arrested, officers found a bag containing 28 grams of methamphetamine in his pant pocket, and a loaded firearm under the driver seat of the vehicle.  Nash intended to distribute the methamphetamine.  He knew he could not possess the firearm lawfully because of prior felony convictions. 

            The Drug Enforcement Administration and Hobbs Police Department investigated the case. Assistant U.S. Attorney Mark A. Saltman prosecuted the case.

ALBUQUERQUE – Francis Woody, 60, of Ojo Encino, N.M., was sentenced on May 27 in federal court in Albuquerque to life in prison for child sexual abuse in Indian Country.

            A jury convicted Woody on Aug. 23, 2019 of two counts of abusive sexual contactand one count of aggravated sexual abuse.  According to the evidence at trial and other public court records, Woody committed these offenses on the Navajo Nation in Sandoval County, New Mexico.  He sexually abused a child under the age of twelve between March 18, 2015 and Oct. 4, 2016.  Woody also abused another child under the age of twelve between May 1, 1999, and Nov. 30, 2002. 

            The Albuquerque office of the FBI investigated this case.  Assistant U.S. Attorneys Raquel Ruiz-Velez and David P. Cowen prosecuted the case.

ALBUQUERQUE, N.M. – Ethan Guido, 31, of Albuquerque, New Mexico was sentenced in federal court on May 27 in Albuquerque to 24 months in prison for assault upon a federal employee involving use of a deadly weapon and assault upon a federal employee involving physical contact.

            Guido pleaded guilty to these offenses on Aug. 20, 2019.  According to Guido’s plea agreement, he walked into a United States Postal Office with returned mail for insufficient postage in Bernalillo County, New Mexico on May 29, 2019.  As postal service members attempted to explain the reason for the returned mail, Guido became angry and was asked to leave. Guido then walked up to the postal service member as he walked out of the building and rammed him with his chest, knocking the postal service member to the ground. Guido then proceeded to drive away from the parking lot, reversed his car, hit the postal service member and sped away.

            The United States Postal Inspection Service investigated this case. Assistant U.S. Attorneys Eva Mae Fontanez and Niki Tapia-Brito prosecuted the case.

ALBUQUERQUE, N.M. – Patrick Valencia, 50, of Laguna Pueblo, New Mexico pleaded guilty in federal court in Albuquerque on May 26 to assault of an intimate partner by strangulation or suffocation in Indian Country.

            A grand jury previously returned an indictment against Valencia on July 9, 2019.  According to the indictment and other court records, Valencia allegedly committed this offense in Cibola County on Aug. 5, 2018.  Valencia became upset and assaulted the victim by knocking her to the ground, putting his hands around her neck and strangling her.  She was later treated for her injuries at the hospital.

            Valencia is currently in custody pending sentencing.  He has agreed to serve two years in prison under the terms of his plea agreement. 

            The office of the Bureau of Indian Affairs, Office of Justice Services investigated this case with assistance from the Pueblo of Laguna Police Department.   Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.

ALBUQUERQUE, N.M. – Ernie Thomas Ortiz, 46, of Albuquerque, New Mexico was sentenced in federal court in Albuquerque on May 19 to 25 months in prison for bank fraud, aggravated identity theft and harboring a fugitive.   

            Ortiz pleaded guilty to these offenses on Jan. 10.  According to Ortiz’s plea agreement, he bought a truck from an auto dealership in Sandoval County, New Mexico on March 27, 2019.  Ortiz impersonated another person in the transaction by using the victim’s name and personal identifying information without permission.  Ortiz gave the dealership a check he knew would be used to withdraw funds from the victim’s bank account. 

            Ortiz also harbored a fugitive in Bernalillo County on April 13, 2019.  According to Ortiz’s plea agreement and other public court records, he provided transportation to Jeyden Barnhill to help Barnhill avoid capture by the police.  Ortiz provided transportation to Barnhill knowing Barnhill was wanted by the police for robbery.  In a separate case, Barnhill pleaded guilty to federal robbery and firearms charges on March 24.  Barnhill is facing 20 years in prison under the terms of his plea agreement.

            Ortiz must also serve a three-year term of supervised release after completing his sentence.

            The FBI investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Paul J. Mysliwiec prosecuted the case.

ALBUQUERQUE, N.M. – Carlton Craig Sandoval, 38, of Window Rock, A.Z., appeared in federal court in Albuquerque on May 20 for an arraignment on an indictment charging him with being a felon in possession of a firearm and ammunition in Indian Country.

             A federal grand jury returned an indictment on May 12 charging Sandoval with this offense.  According to the indictment and other public court records, Sandoval allegedly committed this offense in McKinley County on Jan. 1. That day, police encountered Sandoval after responding to a 911 call from Navajo, New Mexico reporting a fight outside a group of homes. Officers found Sandoval at the scene sitting in the driver’s seat of a vehicle where he allegedly refused to comply with an officer’s questions. Sandoval allegedly grew agitated and refused to comply with officer requests while also making suspicious movements in the vehicle. When another officer arrived at the scene and approached the passenger side of Sandoval’s vehicle, the officer observed an open beer can and a brown rifle with a scope on the front passenger seat. Sandoval was prohibited from possessing firearms at this time based on previous felony convictions.

            The FBI arrested Sandoval on March 16, 2020 in Gallup, New Mexico. He faces up to ten years in prison if convicted of the charged offense. An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.

            The Albuquerque office of the Federal Bureau of Investigation investigated this case with assistance from the Window Rock Police Department. Assistant U.S. Attorney Alexander Flores is prosecuting the case.

ALBUQUERQUE, N.M. – Duane A. Day, 30, of New Laguna, New Mexico appeared in federal court in Albuquerque on May 20 for arraignment on an indictment charging him with assault with intent to commit murder and kidnapping in Indian Country.

            A grand jury indicted Day for the offenses on May 12. According to the indictment, Day committed the crimes on March 24 at a residence in New Laguna, Cibola County, New Mexico. Day allegedly strangled the victim twice, causing her to lose consciousness the second time. Day allegedly threatened the victim’s life during the assault. When the victim attempted to flee and screamed for help, Day threatened her with a metal garden hoe, directed her to move around as he wished, and would not let her leave or call for help. The victim eventually sent a text message to a family member when Day was not looking and asked the family member to call for help.  Police arrived a short time later and arrested Day. The victim received treatment for her injuries on the scene and at University of New Mexico Hospital.

            The Pueblo of Laguna Public Safety Department arrested Day.  He is currently in federal custody pending trial.  Day faces up to 20 years in prison if convicted of assault and up to life in prison if convicted of kidnapping. An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.

            The Albuquerque office of the FBI investigated this case with assistance from the Bureau of Indian Affairs.  Assistant U.S. Attorney Alexander Flores is prosecuting the case.

ALBUQUERQUE, N.M.  – Luke Avery Platero, 29, appeared in federal court today on a criminal complaint charging him with assault resulting in serious bodily injury in Indian Country. 

           According to the complaint, Platero committed the offense on May 10 in Cibola County, New Mexico.  Platero allegedly threw a rock at the victim hitting the victim in the head.  Platero allegedly then struck the victim in the head, arms, and legs with a baseball bat causing a concussion and internal and external bleeding.  The victim was rushed to the hospital by ambulance following the assault and needed emergency surgery for his injuries.  Both Platero and the victim are members of the Navajo Nation.

           Platero is currently out of custody awaiting trial.  He faces up to ten years in prison if convicted of the charged offense.  Complaints are only allegations. A defendant is presumed innocent unless and until proven guilty.

           The Albuquerque office of the FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Frederick Mendenhall is prosecuting the case.

ALBUQUERQUE, N.M. – Rafael Almeida, 42, of Farmington, New Mexico, pleaded guilty in federal court in Albuquerque on May 20 to possessing a firearm during a drug trafficking crime.

           In Almeida’s plea agreement, he admitted committing this offense in Farmington, New Mexico on Nov. 5, 2019. Almeida possessed bags of methamphetamine while riding in a truck to a hotel.  Almeida kept the drugs within reach between the passenger seat and center console.  The drugs were individually packaged and Almeida intended to sell them.  Almeida kept a loaded pistol on top of the drugs for his protection while trafficking these drugs.

            Almeida is currently in custody awaiting sentencing. He faces from five years to life in prison for this offense.

           The FBI investigated this case with the New Mexico Region II Narcotics Task Force, including members of the Farmington Police Department and San Juan County Sheriff’s Office. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.

ALBUQUERQUE, N.M. – Inocente Rivera, 20, of Ascensión, Chihuahua, Mexico appeared in federal court in Las Cruces, New Mexico on May 15 for an initial appearance on a criminal complaint charging him with possession with intent to distribute 164.4 kilograms of marijuana.

            According to the criminal complaint, Rivera allegedly committed the offense in Luna County, New Mexico on May 12.  He tried to enter the United States at the port of entry in Columbus, New Mexico allegedly with 305 wrapped bundles of marijuana hidden in the cargo bed of the vehicle he was driving.  Rivera allegedly intended to distribute the smuggled marijuana in the United States. U.S. Customs and Border Protection officers inspected the vehicle and located the hidden contraband, according to the complaint. 

            Rivera is currently in custody pending a detention hearing on May 19.  He faces up to 40 years in prison.  A criminal complaint is only an accusation.  A defendant is presumed innocent until proven guilty.

            Homeland Security Investigations and U.S. Customs and Border Protection Office of Field Operations investigated this case.  Assistant U.S. Attorney Bradley Bartlett is prosecuting the case.

ALBUQUERQUE, N.M. – Daniel Logan Mock, 34, of Albuquerque, New Mexico pleaded guilty in federal court in Albuquerque on May 13 to two counts of transmission of threatening communications in interstate commerce.

           In Mock’s plea agreement, he admitted committing these offenses in Bernalillo County, New Mexico on March 2 and March 13.  He posted messages on Facebook threatening to kill Governor Michelle Lujan Grisham of New Mexico, law enforcement officers, and other government officials. 

           Mock is currently in custody awaiting sentencing. He faces a maximum statutory penalty of up to five years in prison for each offense.

           The FBI investigated this case. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.

ALBUQUERQUE, N.M.  – The Justice Department announces that the Office of Community Oriented Policing Services (COPS Office) and the Office of Justice Programs’ Bureau of Justice Assistance have awarded more than $61 million in grant funding to support the Attorney General’s Operation Relentless Pursuit (ORP) initiative. Of that $61 million, the Albuquerque Police Department has been awarded $9.7 to fund salaries and expenses for 40 police officers. 

           Launched on Dec. 18, 2019, ORP aims to intensify federal law enforcement resources into seven American cities with violent crime levels several times the national average - Albuquerque, Baltimore, Cleveland, Detroit, Kansas City, Memphis, and Milwaukee.

           “While violent crime is down across the country as a whole, some communities remain caught in the grips of violent actors,” said Attorney General William P. Barr. “That’s why I launched Operation Relentless Pursuit last December – an initiative to combat violent crime in seven cities where it remains stubbornly high. Today’s grant awards are critical to our mission. We cannot succeed in eradicating crime without resources – the most vital of which are the brave men and women who serve and protect our communities each day. These funds will boost the forces that need them most.”

           “This grant to the Albuquerque Police Department demonstrates the Department of Justice’s steadfast commitment to making Albuquerque a safer place to live, work and visit,” said John C. Anderson, U.S. Attorney for the District of New Mexico.  “These funds, along with the $1.4 million grant awarded in April to the Bernalillo County Sheriff’s Office, have the potential to dramatically increase our local law enforcement partners’ capabilities in confronting Albuquerque’s most urgent violent crime challenges.”

            The COPS Office, through its COPS Hiring Program (CHP), awarded a total of $51 million to be used to hire 214 sworn law enforcement officers for state and local law enforcement task forces. The recipients of the funding will deploy existing veteran officers to task force duties and use the CHP funding to hire new recruits to backfill those positions, as practical. Officers deployed to Operation Relentless Pursuit task forces as a result of CHP funding must be sworn, career law enforcement officers of the awarded agency, and their work on the task force must benefit their jurisdiction. In addition, they are required to work with their respective U.S. Attorney’s Office (USAO) and rel­evant federal agencies to investigate and prosecute suspects involved in gangs, drug trafficking, and other violent crime– related issues.

             “Successful strategies to target and reduce violent crime are extremely resource intensive,” said COPS Office Director Phil Keith.  “There is no greater resource than additional men and women on the front lines of relentless fight against gangs, drug traffickers and those that mean harm to our nation’s communities.  The funding announced today is greatly needed for the Operation Relentless Pursuit jurisdictions and the COPS Office is honored to dedicate resources for this effort.”

             For a breakdown of the awards, please see the attached spreadsheet. For more information on the COPS Hiring Program ORP grants, please visit: https://cops.usdoj.gov/pdf/2020AwardDocs/chp/FY20_Relentless_Pursuit_Fact_Sheet.pdf

             The Office of Justice Programs’ Bureau of Justice Assistance (BJA) is making $10 million available to support Operation Relentless Pursuit. BJA funds will support efforts such as the hiring of additional prosecutors, overtime expenses for task force members, multi-agency investigations, mobile data terminals and modern technological platforms, and development of strategic plans to address gaps in combating violent crime.

              “The responsibility for fighting crime and violence belongs to agencies at every level of government, and winning that fight turns on our ability to deploy our collective resources wisely and effectively,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are eager to make these funds available so that our federal, state and local partners can continue the vital and noble work of protecting America’s most dangerous communities.”

              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, N.M. – The United States Department of Justice has awarded $6,059,069 to the New Mexico Department of Public Safety to prevent, prepare for and respond to the coronavirus across the state.

            “The COVID-19 pandemic presents many urgent public safety challenges for New Mexico and its citizens,” said U.S. Attorney John C. Anderson.  “I am thankful to the Office of Justice Programs for making these grant funds available to our state during these challenging times.”

            “As the State Administering Agency we have been working diligently to reach out to all eligible agencies to apply for funding under this grant,” said Mark R. Shea, Secretary of the New Mexico Department of Public Safety. “We anticipate the review and approval of applications will be completed by the end of next week. We look forward to working closely with the Department of Justice and U.S. Attorney Anderson to efficiently distribute these funds to meet the critical needs of New Mexico agencies working to keep their communities safe during the COVID-19 pandemic.”

            The Department of Justice’s Bureau of Justice Assistance awarded the grant on May 6.  The funds are available for projects and initiatives involving law enforcement and medical personnel, including overtime, equipment, hiring, supplies, training, travel expenses, and addressing medical needs at prisons, jails, and other detention centers.  The grant is part of the nationwide Coronavirus Emergency Supplemental Funding Program designed to assist states, local governments, and tribes in managing COVID-19 in their communities.