District of New Mexico

ALBUQUERQUE, N.M. – Omil Cotto, 33, of Albuquerque, New Mexico, was sentenced in federal court yesterday to 15 years (180 months) in prison for possession with intent to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.

            Cotto previously pleaded guilty to these offenses on June 10, 2019. According to public court records, Cotto was involved in a car crash with another motorist in Albuquerque while driving to distribute methamphetamine on May 31, 2018.  Cotto got out of his car holding a gun.  Cotto then fired several shots at the other vehicle as it drove away. 

            Law enforcement officers located Cotto at his residence soon after the shooting.  They obtained a warrant to search his home and found a backpack containing a pistol of the same caliber used in the shooting.  Officers also found about 877.1 grams of methamphetamine in the backpack.  Cotto possessed the pistol to protect his methamphetamine, according to his plea agreement. 

            The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Drug Enforcement Administration and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorney Peter J. Eicker prosecuted the case as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program.  OCDETF is 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.  – Keron Eugene Lucious, 22, of Albuquerque, New Mexico, pleaded guilty in federal court today to conspiracy to commit sex trafficking of a minor. 

            Lucious was one of eight defendants charged in a superseding indictment returned by a federal grand jury on April 10, 2018.  The indictment charged the defendants with various crimes, including conspiracy to recruit and force minors to engage in commercial sex acts in New Mexico and Arizona.  In Lucious’s plea agreement, he admitted participating in a conspiracy involving the prostitution of a child under 18 years old.  Lucious transported the child in interstate commerce for purposes of prostitution.  He paid for hotel rooms for the child to engage in commercial sex acts.  Lucious shared the money earned from this prostitution with his co-conspirators.  He also facilitated his criminal activity using a wireless telephone and social media.    

            Lucious is in custody awaiting sentencing.  He faces from 10 years to life in prison.   Three of the other defendants in the case have also pleaded guilty and await sentencing.  Jason Jackson, 25, of Albuquerque, pleaded guilty on March 8, 2019.  He is currently in custody and faces from 11 to 15 years in prison under the terms of his plea agreement.  Devin Perkins, 23, of Albuquerque, pleaded guilty on May 9, 2019.  Perkins is also in custody.  He has agreed to a sentence of 10 years in prison.  Chante Bickham, 26, of Albuquerque, pleaded guilty on August 9, 2019.  She is out of custody awaiting sentencing where she faces up to six years in prison.

            Charges are still pending against Camara Cherry-Amos, 25, Breeauna Langton, 21, and Andrew Wyatt, 30, all of Albuquerque, and John Dompierre, 46, of Phoenix, Arizona.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The charges is this case arose from a joint investigation involving the FBI, Homeland Security Investigations, the Bernalillo County Sheriff’s Office, the New Mexico Office of the Attorney General, and the Bernalillo County District Attorney’s Office.  Assistant U.S. Attorney George C. Kraehe is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Stanislaus Venego III, 34, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced yesterday morning (Sept. 19, 2019) in federal court in Las Cruces, N.M., to 137 months of imprisonment for his conviction on a voluntary manslaughter charge.  Venego will be on supervised release for three years after completing his prison sentence.

            On March 11, 2019, Venego pled guilty to an indictment charging him with voluntary manslaughter.  In his plea agreement, Venego admitted that on April 28, 2018, he punched and kicked the victim multiple times upon a sudden quarrel and in the heat of passion, and that the victim died as the result of the injuries he sustained.  The incident occurred on the Mescalero Apache Reservation in Otero County, N.M.

The case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services, and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Twelve individuals are facing federal drug trafficking and firearms charges as the result of a two-year DEA-led multi-agency investigation into a major New Mexico-based poly-drug trafficking organization allegedly operating between Las Vegas, N.M., and Albuquerque, N.M., under the alleged leadership of Robert Padilla, 42, of Albuquerque.  The investigation culminated this week when Padilla and eight other defendants were arrested yesterday and today by teams of federal, state, county, and local law enforcement officers. 

            U.S. Attorney John C. Anderson and Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division announced the results of the investigation, which was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program.  OCDETF is 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. 

            Special Agent in Charge James C. Langenberg of the FBI Albuquerque Division, Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Division of IRS-Criminal Investigation, and Special Agent in Charge Monique Y. Villegas of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) joined the U.S. Attorney and the DEA in announcing the results of the investigation.

In announcing the results of the investigation, U.S. Attorney Anderson said, “This investigation and resulting prosecutions are about taking control of our streets.  The charges filed and drugs seized as the result of this investigation demonstrate the success of the collaborative efforts of our federal, state, county and local law enforcement agencies to root out drug traffickers operating in New Mexico.  Through today’s law enforcement action sends a clear message to those who traffic drugs in our communities that they cannot commit crimes in New Mexico without consequence.”

                       “Drug trafficking organizations have preyed upon the citizens of Las Vegas, New Mexico, for far too long,” said DEA Special Agent in Charge Williamson. “By having charges brought against these alleged drug traffickers, the DEA and its law enforcement partners are working to stop the harm, and to make the Las Vegas community a safer place to live and work.”

            The charges against the defendants are the result of an investigation that began in 2017, and initially targeted Padilla, the alleged source of supply and leader of a drug trafficking organization operating in Las Vegas and Albuquerque that allegedly distributed cocaine, cocaine base (more commonly known as “crack”), heroin, fentanyl, and methamphetamine.  During the course of the investigation, law enforcement authorities seized or documented approximately 1.39 kilograms of cocaine, 567 grams of cocaine base, 160 grams of heroin, 2.68 kilograms of methamphetamine, and 2,000 fentanyl pills.  Investigators also recovered more than 30 firearms and seized approximately $14,000 in cash. 

            The charges against the 12 defendants are contained in an indictment that was filed under seal by a federal grand jury on Sept. 11, 2019, and was unsealed yesterday.  According to the indictment and other court filings, Padilla allegedly led a New Mexico-based drug distribution network operating in several locations, including Albuquerque and Las Vegas, that distributed cocaine, “crack,” methamphetamine, heroin and fentanyl.  Court filings allege that Padilla’s co-defendants participated in the network by distributing illegal controlled substances for profit.  The indictment also charges a defendant with violating the federal firearms laws by possessing a firearm and ammunition after having been convicted of multiple felony offenses.

            “The members of this drug trafficking organization have been charged with distributing dangerous narcotics. IRS-CI is fully committed in assisting DEA and other law enforcement agencies to dismantle drug organizations by tracing and seizing the monies they earn from trafficking drugs,” stated IRS Special Agent in Charge Nevarez.  

            “ATF is committed along with our law enforcement partners to removing these career criminals off the streets,” said ATF Special Agent in Charge Villegas.  “We will use every means necessary to pursue and prosecute in federal court these violent criminals that try to victimize our community.”

            Seven defendants who were arrested yesterday morning made their initial appearances in federal court in Albuquerque yesterday afternoon.  Two other defendants were arrested today and will make their initial appearances in federal court on Monday.  All nine arrested defendants will remain in federal custody pending detention hearings scheduled for next week.  One other defendant is in state custody on unrelated charges, and will be transferred to federal custody to face the charges in the indictment.  The remaining two defendants have yet to be arrested and are considered fugitives.

Summary of the Charges

            Count 1 of the indictment charges all 12 defendants with conspiracy to distribute controlled substances.  The maximum statutory penalty on conviction varies for each defendant.

            Count 2 of the indictment charges one defendant with distributing 50 grams or more of a mixture and substance containing methamphetamine.  The maximum statutory penalty on conviction is not less than five years or more than 40 years in prison.

            Counts 3 and 6 of the indictment charge certain defendants with possession with intent to distribute fentanyl.  The maximum statutory penalty on conviction for each count is up to 20 years in prison.

            Count 4 of the indictment charges a defendant with distribution of fentanyl. The maximum statutory penalty on conviction is up to 20 years in prison.

            Counts 5, 11, 14, 15, 16 and 18 of the indictment charge certain defendants with distribution of cocaine. The maximum statutory penalty on conviction on each count is up to 20 years in prison.

            Counts 7 and 13 of the indictment each charge certain defendants with possession with intent to distribute cocaine.  The maximum statutory penalty on conviction on each count is up to 20 years in prison.

            Count 8 of the indictment charges one defendant with being a felon in possession of a firearm and ammunition. The maximum statutory penalty on conviction is up to 10 years in prison.  However, if the Armed Career Criminal Act is found to apply to the defendant, the maximum statutory penalty is not less 15 years or more than life in prison.

            Count 9 the indictment charges a defendant with possession with intent to distribute 50 grams or more of a mixture and substance containing methamphetamine.  The maximum statutory penalty on conviction is not less than five years or more than 40 years in prison.

Count 10 the indictment charges a defendant with possession with intent to distribute heroin.  The maximum statutory penalty on conviction is up to 20 years in prison.

            Count 12 of the indictment charges a defendant with possession with intent to distribute cocaine base. The maximum statutory penalty on conviction is not less 5 years or more than 40 years in prison.

            Count 17 of the indictment charges a defendant with distribution of cocaine base. The maximum statutory penalty on conviction is not less 10 years or more than life in prison.

            Count 19 of the indictment charges certain defendants with distribution of cocaine base. The maximum statutory penalty on conviction is not less 5 years or more than 40 years in prison.

Charges Against Defendants

            Robert Padilla, 42, of Albuquerque, N.M., is charged in Counts 1, 3-5, 11-12, and 14-19.  Padilla was arrested yesterday morning and is in custody.

            Rose Ann Romero, 36, of Las Vegas, N.M., is charged in Count 1.  Romero was arrested yesterday morning and is in custody.

            Jonathan Vigil, 27, of Las Vegas, N.M., is charged in Count 1.  Vigil was arrested yesterday morning and is in custody.

            Robert Hockman, 35, of Rio Rancho, N.M., is charged in Counts 1, 2, and 10.  Hockman was arrested earlier today and is in custody.

            Marcos Ruiz, 40, of Las Vegas, N.M., is charged in Count 1 and 13.  Ruiz is in state custody on other charges. He will be transferred into federal custody to face the charges in the federal indictment.

            Luis Sanchez, 31, of Las Vegas, N.M., is charged in Counts 1, and 8-9.  Sanchez was arrested yesterday morning and is in custody.

            Ashley Romero, 27, of Las Vegas, N.M., is charged in count 1.  Romero has yet to be arrested and is considered a fugitive.

            Tomas Sanchez, 36, of Albuquerque, N.M., is charged in counts 1, and 6-7.  Sanchez was arrested yesterday morning and is in custody.

            Amanda Silva, 33, of Las Vegas, N.M., is charged in counts 1 and 14.  Silva was arrested yesterday morning and is in custody.

            Sergio Valdez, 28, of Las Vegas, N.M., is charged in counts 1 and 11.  Valdez has yet to be arrested and is considered a fugitive.

            Genevive Atencio, 24, of Las Vegas, N.M., is charged in counts 1, and 18-19.  Atencio was arrested yesterday morning and is in custody.

            Janaya Atencio, 25, of Las Vegas, N.M., is charged in counts 1, and 18-19.  Atencio was arrested earlier today and is in custody. 

            Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law. 

            Fugitives:  Photos of the fugitives, Ashley Romero and Sergio Valdez are attached to this press release.  Individuals with information about the whereabouts of Ashley Romero and Sergio Valdez are asked to contact the DEA at (505) 452-4500.

            The Albuquerque office of the DEA led the investigation leading to the charges in the indictment.  DEA received assistance with the investigation and apprehension of the defendants from several federal law enforcement partners, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), Internal Revenue Service Criminal Investigation (IRS), U.S. Marshals Service, U.S. Probation and Pretrial Services, and the El Paso and Las Cruces offices of DEA.  DEA task force officers from the Albuquerque Police Department, Pueblo of Laguna Police Department, Pueblo of Pojoaque Police Department, Rio Rancho Police Department, and Valencia County Sheriff’s Office also contributed along with the New Mexico State Police, New Mexico Region IV Narcotics High Intensity Drug Trafficking Area (HIDTA) Task Force, New Mexico Office of the Inspector General, San Miguel County Sheriff’s Office, and Las Vegas (N.M.) Police Department.  Assistant U.S. Attorneys Kristopher N. Houghton and Robert I. Goldaris are prosecuting the defendants as part of the OCDETF Program.

ALBUQUERQUE – Rufino Jody Martinez, 40, of Santa Fe County, N.M., made an initial appearance in federal court today on a criminal complaint charging him with being a felon in possession of a firearm and ammunition.

            The charges against Martinez are the result of an FBI-led multi-agency effort to reduce violent crime in northern New Mexico communities.  U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the FBI Albuquerque Division, New Mexico State Police Chief Tim Johnson, and Santa Fe County Sheriff Adan Mendoza announced the results of the multi-agency collaboration today in a series of press releases.

            “Reducing violent crime in America is one of the Department of Justice’s highest priorities,” said First Assistant U.S. Attorney Fred Federici.  “The U.S. Attorney’s Office is committed to working with our federal, state, and local law enforcement partners to protect the safety of New Mexicans by dismantling the violent criminal organizations that are responsible for so much of the violence in our communities, jails, and prisons.”

            “The FBI has been working closely with our law enforcement partners for years to weaken and eventually eliminate this violent prison gang, arresting approximately 160 of its members and associates,” said Special Agent in Charge James C. Langenberg.  “This latest arrest should send a clear message that those who plot to undermine the security of our communities and correctional system will be held accountable.”

            “Today’s operation should make citizens of New Mexico proud in that many law enforcement agencies worked together for a common goal; to eliminate violent career criminals from our communities,” said New Mexico State Police Chief Tim Johnson.  “80 New Mexico State Police officers were assigned to take part in today’s successful operation. The New Mexico State Police is excited to be part of the Violent Crimes Task Force.  New Mexico State Police will continue to work together with law enforcement partners and conduct proactive police operations, targeting the most dangerous criminals in New Mexico. The New Mexico State Police is committed to addressing the concerns of New Mexicans impacted by crime.”

            “Working in collaboration with local and federal law enforcement agencies is an important aspect of public safety, said Sheriff Mendoza.  “This operation and arrest is a collaborative effort to enforce current state and federal gun laws to ensure that those who unlawfully posses firearms and terrorize our communities will be brought to justice.”            According to the criminal complaint, Martinez allegedly committed this offense on October 24, 2018.  The complaint alleges Martinez went to a residence in Cuarteles, N.M., where he shot another man in the groin.  The victim drove himself to the hospital and received medical attention following the shooting.  Martinez allegedly also possessed additional ammunition at his home on this date.  Martinez was prohibited from possessing a firearm or ammunition based on previous felony convictions for aggravated battery, battery upon a police officer, attempted robbery, and possession of controlled substances.

            Martinez is currently in custody awaiting trial.  He faces up to 10 years in prison if convicted of the charged offense.  A complaint is only an accusation.  A criminal defendant is presumed innocent until proven guilty.

            The Albuquerque office of the FBI investigated this case with the New Mexico State Police, New Mexico Corrections Department, and Santa Fe County Sheriff’s Office.  Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting the case as part of the OCDETF 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 – Gary Coca, 46, of Las Vegas, N.M., appeared in federal court in Albuquerque today on a federal complaint charging him with possession with intent to distribute cocaine and robbery by interference with commerce by threats or violence.

            The charges against Coca are the result of an FBI-led multi-agency effort to reduce violent crime in northern New Mexico communities.  U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the FBI Albuquerque Division, New Mexico State Police Chief Tim Johnson, Las Vegas (New Mexico) Police Chief David T. Bibb, and Richard Flores, District Attorney for the Fourth Judicial District of New Mexico, announced the results of the multi-agency collaboration today in a series of press releases.

            “Reducing violent crime in America is one of the Department of Justice’s highest priorities,” said First Assistant U.S. Attorney Fred Federici.  “The U.S. Attorney’s Office is committed to working with our federal, state, and local law enforcement partners to protect the safety of New Mexicans by dismantling the violent criminal organizations that are responsible for so much of the violence in our communities, jails, and prisons.”

            “The FBI has been working closely with our law enforcement partners for years to weaken and eventually eliminate this violent prison gang, arresting approximately 160 of its members and associates,” said Special Agent in Charge James C. Langenberg.  “This latest arrest should send a clear message that those who plot to undermine the security of our communities and correctional system will be held accountable.”

            “Today’s operation should make citizens of New Mexico proud in that many law enforcement agencies worked together for a common goal; to eliminate violent career criminals from our communities,” said New Mexico State Police Chief Tim Johnson.  “80 New Mexico State Police officers were assigned to take part in today’s successful operation. The New Mexico State Police is excited to be part of the Violent Crimes Task Force.  New Mexico State Police will continue to work together with law enforcement partners and conduct proactive police operations, targeting the most dangerous criminals in New Mexico. The New Mexico State Police is committed to addressing the concerns of New Mexicans impacted by crime.”

            “I’ve often said that when different agencies work in a collaborated effort, great things can happen,” said District Attorney Flores.  “I am very thankful to the United States Attorney’s Office and the FBI for spearheading this operation.  It’s helped in making our community that much safer.”

            According to the criminal complaint, police in Las Vegas, N.M., stopped Coca for driving erratically on May 2, 2019.  Coca and a passenger allegedly ran from the vehicle and officers chased after them.  During the chase, Coca allegedly took off his jacket and left it behind as he jumped a fence.  Coca got away, but police located his jacket and searched it.  They allegedly found a plastic bag containing about 13.5 grams of crack cocaine and a digital scale.

            According to the criminal complaint, Coca allegedly went into a home improvement store in Albuquerque on August 7, 2019.  He allegedly selected about $1003 worth of merchandise and went to leave the store without paying.  When security tried to stop Coca, he allegedly pulled a handgun from his waistband and pointed it at a store employee.  Coca got away in his car.  Police officers from the Pueblo of Sandia arrested Coca on August 14, 2019.

            Coca is currently in custody pending trial.   He faces up to 20 years in prison for the drug and robbery offenses.  A complaint is only an accusation and a defendant is presumed innocent until proven guilty.

            The Albuquerque Office of the FBI investigated this case with assistance from the Albuquerque Police Department, Las Vegas Police Department, Sandia Police Department, and New Mexico State Police, with assistance from the 4th Judicial District Attorney’s Office.   Assistant U.S. Attorneys Maria Armijo and Randy Castellano are prosecuting the case.

ALBUQUERQUE – Adalberto Chavez-Chavez, 36, of Artesia, N.M., was sentenced in federal court in Las Cruces yesterday to 10 years (120 months) in prison for possession with intent to distribute 50 grams or more of methamphetamine and carrying a firearm during and in relation to a drug trafficking crime.

            Chavez-Chavez previously pleaded guilty to these offenses on April 29, 2019.  In his plea agreement, he admitted possessing 264 grams of methamphetamine and two loaded handguns in his car when police stopped him for a traffic infraction in Carlsbad, N.M., on December 13, 2018. 

            The Drug Enforcement Administration investigated the case with the Pecos Valley Drug Task Force and the Carlsbad Police Department.  Assistant U.S. Attorney Renee L. Camacho of the Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – A grand jury in Albuquerque, N.M. has returned an indictment charging Victor Kearney, 55, of Zephyr Cove, Nev., and Robert Fiser, 58, of Albuquerque with preparing and filing false tax returns to conceal millions of dollars in income Kearney received as a beneficiary of two testamentary trusts.

            The grand jury returned the indictment on August 27, 2019.  It charges Kearney and Fiser with participating in a conspiracy to defraud the United States, from October 20, 2009, to November 4, 2016, by impairing the ability of the Internal Revenue Service (“IRS”) to assess and collect revenue in the form of income taxes.   The indictment further charges Kearney with willfully making and subscribing a false personal income tax return on September 6, 2013, in which Kearney allegedly substantially underreported his income for 2011.  The indictment further charges Fiser with allegedly aiding and assisting Kearney in the preparation of Kearney’s false return on September 4, 2013.

            According to the indictment, Kearney allegedly received annual income as a beneficiary of Mary Pat Abruzzo-Kearney Trust B and C.  Kearney hired Fiser, a licensed attorney in New Mexico, to prepare his tax returns.  Both Kearney and Fiser knew Kearney received annual income from the Abruzzo-Kearney trusts, but they did not report that income to the IRS.  Kearney and Fiser allegedly concealed their tax evasion by signing false returns and making false statements under oath at depositions in civil lawsuits.         

            Fiser appeared for arraignment in federal court earlier today.  He is out of custody pending trial.  Kearney is scheduled for arraignment on September 12, 2019.   Kearney and Fiser each face a sentence of up to 5 years in prison if convicted of the conspiracy offense.  Kearney faces up to 3 years in prison for making and subscribing a false return.  Fiser also faces 3 years in prison for aiding and assisting in the preparation of the false return.  Indictments are only accusations.  The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.

            Special agents with IRS Criminal Investigation investigated this case.   Assistant U.S. Attorneys Kimberly Brawley and Sean Sullivan are prosecuting the case.

ALBUQUERQUE – A federal jury in Las Cruces, N.M., found Jose Velarde-Pavia, 37, of Roswell, N.M., guilty at trial on August 28, 2019, of possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.

            According to court records and evidence presented at trial, law enforcement agents from the Chaves County Metro Narcotics Task Force observed Velarde-Pavia as the driver and only passenger of a pick-up truck driving in Roswell on June 11, 2018.  The agents pulled Velarde-Pavia over with a warrant to search him and his car.   Inside the car, the agents found methamphetamine weighing at least 50 grams and two pistols with ammunition.  The evidence at trial proved Velarde-Pavia possessed the drugs and guns in violation of federal law.

            Velarde-Pavia is currently in custody awaiting sentencing at a later date.   He faces from 10 to 40 years in prison for methamphetamine possession and a consecutive sentence of five years in prison for possession of the firearm.

            The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case with the Chaves County Metro Narcotics Task Force.  Assistant U.S. Attorneys Mark Saltman and Christopher Solis are prosecuting the case.

ALBUQUERQUE- Josias Garcia, 25, of Columbus, N.M., was sentenced in federal court in Las Cruces, N.M., on Tuesday to 16 years in federal prison for hostage taking, transportation of illegal aliens, smuggling, drug possession, firearms, and witness intimidation offenses.

            Garcia previously pleaded guilty on February 26, 2019, to the following offenses: three counts of hostage taking; one count of conspiracy to take a hostage, three counts of conspiracy to transport illegal aliens; one count of brandishing a firearm during or in relation to a drug trafficking crime; four counts of being a felon in possession of a firearm; two counts of possession of marijuana with intent to distribute; one count of conspiracy to distribute marijuana; one count of conspiracy to smuggle goods from the United States; one count of transportation of goods intended to be smuggled; one count of attempt to smuggle goods from the United States; and four counts of tampering with a witness by intimidation or threat.

            In Garcia’s plea agreement, Garcia admitted picking up illegal aliens at the United States-Mexico border on November 6, 2017, and transporting them to a mobile home in Columbus, N.M., where he, and another person, held them as hostages for four days.  Garcia also admitted that he intimidated these hostages with threats of violence, including brandishing a firearm he was forbidden to possess because of a previous felony conviction, and demanding the families of the hostages sent money for their release. Garcia also admitted possessing marijuana at the mobile home with intent to distribute.  He also admitted traveling to El Paso, Tex., to buy firearms he intended to smuggle to Mexico. However, he did not because he encountered officers with U.S. Customs and Border Protection (CBP) as he attempted to leave the country.  Garcia also admitted trying to intimidate witnesses against him after his arrest by using threats and violence.    

            Special agents with Homeland Security Investigations investigated the case.  Assistant U.S. Attorneys Luis A. Martinez, Dustin C. Segovia, and Richard C. Williams are prosecuting the case.

ALBUQUERQUE- Josias Garcia, 25, of Columbus, N.M., was sentenced in federal court in Las Cruces, N.M., on Tuesday to 16 years in federal prison for hostage taking, transportation of illegal aliens, smuggling, drug possession, firearms, and witness intimidation offenses.

            Garcia previously pleaded guilty on February 26, 2019, to the following offenses: three counts of hostage taking; one count of conspiracy to take a hostage, three counts of conspiracy to transport illegal aliens; one count of brandishing a firearm during or in relation to a drug trafficking crime; four counts of being a felon in possession of a firearm; two counts of possession of marijuana with intent to distribute; one count of conspiracy to distribute marijuana; one count of conspiracy to smuggle goods from the United States; one count of transportation of goods intended to be smuggled; one count of attempt to smuggle goods from the United States; and four counts of tampering with a witness by intimidation or threat.

            In Garcia’s plea agreement, Garcia admitted picking up illegal aliens at the United States-Mexico border on November 6, 2017, and transporting them to a mobile home in Columbus, N.M., where he, and another person, held them as hostages for four days.  Garcia also admitted that he intimidated these hostages with threats of violence, including brandishing a firearm he was forbidden to possess because of a previous felony conviction, and demanding the families of the hostages sent money for their release. Garcia also admitted possessing marijuana at the mobile home with intent to distribute.  He also admitted traveling to El Paso, Tex., to buy firearms he intended to smuggle to Mexico. However, he did not because he encountered officers with U.S. Customs and Border Protection (CBP) as he attempted to leave the country.  Garcia also admitted trying to intimidate witnesses against him after his arrest by using threats and violence.    

            Special agents with Homeland Security Investigations investigated the case.  Assistant U.S. Attorneys Luis A. Martinez, Dustin C. Segovia, and Richard C. Williams are prosecuting the case.

ALBUQUERQUE – Tyrone D’Chaunn Nash, 35, of Lovington, N.M. was sentenced yesterday in federal court in Albuquerque, N.M., to 87 months in prison followed by 4 years of supervised release for possession with intent to distribute methamphetamine. 

            Nash previously pleaded guilty to this charge on July 2, 2018.  In Nash’s plea agreement, he admitted going to deliver 6 ounces of methamphetamine to another person in Lovington on June 19, 2018.  However, before Nash could complete the transaction, a deputy from the Lea County Sheriff’s Office stopped Nash, seized his drugs, and arrested him. 

            The U.S. Drug Enforcement Administration and the Lea County Drug Task Force investigated this case.  The Las Cruces Branch Office prosecuted the case as part of the Organized Crime Drug Enforcement Task Force (OCDETF), a national program consisting of nine regions, which operates across federal, state and national boundaries. The various federal agencies within OCDETF work through their respective coordinators and arrive at decisions by consensus. The United States Attorney's Office for the District of New Mexico is a member district of the Southwest Border Region, which covers Southern California, Arizona, New Mexico, Texas and Oklahoma. 

            The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the New Mexico High Intensity Drug Trafficking Areas (HIDTA) Region VI Drug Task Force. The HIDTA program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Ernest Bewanika, 63, an enrolled member and resident of Zuni Pueblo, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 18 years of imprisonment for sexually abusing a child under the age of 12 years of age.  Bewanika will be on supervised release for five years after completing his prison sentence.  He also will be required to register as a sex offender.

Bewanika was arrested on April 3, 2018, on a two-count indictment charging him with sexually abusing a child under the age of 12 years on two occasions.

In Sept. 2018, Bewanika pled to a felony information charging him with two counts of abusive sexual contact.  In his plea agreement, Bewanika admitted to sexually abusing a minor under the age of 12 years in locations within the Zuni Pueblo in McKinley County, N.M.   Bewanika admitted that he engaged in sexual contact with the victim between Nov. 2014 and Nov. 2015, and again between Nov. 2015 and Jan. 2016.

            The case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department.  Assistant U.S. Attorney Elisa C. Dimas prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – A grand jury sitting in Albuquerque, N.M., has indicted Lyle Ryan Begaye, 42, an enrolled member of the Navajo Nation from Arizona, on an assault resulting in serious bodily injury charge. 

            The indictment alleges that Begaye assaulted a female victim on June 1, 2019, in Indian Country in Bernalillo County, N.M.  Begaye was arraigned on the indictment on Aug. 13, 2019, in federal court in Albuquerque, and entered a not guilty plea.  Yesterday, a U.S. Magistrate Judge ordered Begaye detained pending trial based on judicial findings that Begaye poses a danger to the community and a risk of flight.

            Begaye initially was charged on June 3, 2019, in a criminal complaint which alleged that Begaye beat the victim approximately thirty times with a closed fist.  According to the criminal complaint, the victim allegedly suffered four broken ribs and two fractured lumbar vertebrate in her spine as the result of the assault.  The criminal complaint alleged that Begaye committed the crime on June 1, 2019, in To’hajiilee, which is located on the Navajo Indian Reservation in Bernalillo County, N.M.

On June 27, 2019, Begaye was indicted by a federal grand jury.  The FBI arrested Begaye in Phoenix, AZ, on July 23, 2019, and the U.S. District Court for the District of Arizona ordered the U.S. Marshals Service to transport Begaye to New Mexico to face the charge in the indictment.

If convicted on the charge in the indictment, Begaye faces a statutory maximum penalty of ten years of imprisonment.  Charges in criminal complaints and indictments are only accusations.  Defendants are presumed innocent unless and until proven guilty.

            The Albuquerque office of the FBI investigated this case, with assistance from the U.S. Marshals Service.  Assistant U.S. Attorney Thomas J. Aliberti is prosecuting the case.

ALBUQUERQUE – Harold Lee Redhouse, Jr., 29, an enrolled member of the Navajo Nation from Coyote Canyon, N.M., was sentenced today in federal court in Albuquerque, N.M., to 18 years of imprisonment for sexually abusing two children under the age of 12 years.  Redhouse will be on supervised release for ten years after completing his prison sentence.  He also will be required to register as a sex offender.

            The FBI arrested Redhouse in Jan. 2018, on a criminal complaint following an investigation that was initiated in summer 2017, based on a referral from the Navajo Nation Division of Social Services, which reported allegations that Redhouse had sexually abused two children under the age of 12 years.

In Feb. 2019, Redhouse pled to a felony information charging him with two counts of abusive sexual contact.  In his plea agreement, Redhouse admitted to sexually abusing two minors under the age of 12 years in locations within the Navajo Indian Reservation in McKinley County, N.M.  Redhouse admitted to abusing one victim between June 2008 and June 2009, and the second victim in May 2017.

            The case was investigated by the Gallup office of the FBI with assistance from the Navajo Nation Division of Social Services.  Assistant U.S. Attorney Elisa C. Dimas prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., returned an indictment yesterday charging Eli Frank Woody, 25, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., with federal assault and firearm charges arising out of a July 18, 2019 drive-by shooting that injured two Navajo children. 

The three-count indictment charges Woody with two counts of assault resulting in serious bodily injury to a child, and discharging a firearm during a crime of violence.  According to the indictment, Woody assaulted and seriously injured two minor children on July 18, 2019, in Indian County in McKinley County, N.M.  The indictment also alleges that Woody used and discharged a firearm to assault the two minor victims, causing them to suffer serious bodily injury.  Woody is scheduled to be arraigned on the indictment on Aug. 21, 2019, in federal court in Albuquerque. 

Woody was arrested on July 24, 2019, on federal charges arising out of the July 18, 2019 incident which were set forth in a criminal complaint that was filed on July 19, 2019.  According to the criminal complaint, on July 18, 2019, Woody allegedly fired a shotgun from a vehicle, in which he was a passenger, into a residence, injuring two Navajo children who were inside the residence.  The residence was located in Crownpoint, which is located within the Navajo Indian Reservation.  The complaint stated that the children were transported to a hospital for medical care and survived the shooting.

Woody has been released to a halfway house under pretrial supervision pending trial, which has yet to be scheduled. 

If convicted on the charges in the indictment, Woody faces up to ten years on each of the assault charges, and a mandatory minimum of ten years and a maximum of life imprisonment on the firearms charge that must be served consecutive to any sentence imposed on the assault charges. 

Charges in criminal complaints and indictment are only allegations.  Defendants are presumed innocent unless and until proven guilty.

The Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety investigated the case, which is being prosecuted by Assistant U.S. Attorney David P. Cowen.

ALBUQUERQUE – Galvan L. Betonie, 25, an enrolled member of the Navajo Nation who resides in Smith Lake, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 216 months of imprisonment for his conviction on two aggravated child sexual abuse charges.

            Betonie previously pleaded guilty to the two charges on April 18, 2019.  In his plea agreement, Betonie admitted committing the crimes in Indian Country in McKinley County, N.M., on Nov. 18, 2016.  According to the plea agreement, Betonie sexually abused a child who had not attained the age of twelve years.

            The case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Novaline D. Wilson prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Joshua Daniel Vaughn, 31, of Roswell, N.M., made his initial appearance today before a U.S. Magistrate Judge in federal court in Roswell on a criminal complaint charging him with being a user of controlled substances illegally in possession of firearms and making destructive explosive devices.  Vaughn was ordered temporarily detained pending a preliminary hearing and a detention hearing, which have yet to be scheduled, but will be held in federal court in Las Cruces, N.M.

            The charges against Vaughn were announced by U.S. Attorney John C. Anderson, Special Agent in Charge Jeffrey C. Boshek III of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Roswell Police Chief Philip Smith, and New Mexico State Police Chief Tim Johnson.

            According to the criminal complaint, the investigation into Vaughn was initiated on Aug. 5, 2019, after the Roswell Police Department (RPD) received a tip about a man, later identified as Vaughn, who allegedly was observed loading multiple firearms into a vehicle.  The tipster reportedly was concerned because the man allegedly was wearing latex gloves and camouflage.   Acting on the tip, RPD officers executed a traffic stop on a vehicle driven by Vaughn.  During the traffic stop, the RPD officers allegedly recovered seven firearms from Vaughn and the vehicle, and verified with the New Mexico Department of Health that Vaughn was authorized to use medical marijuana.

            The criminal complaint alleges that on Aug. 5, 2019, officers from the New Mexico State Police (NMSP) Bomb Squad conducted a consensual search of Vaughn’s residence where they allegedly observed multiple explosive devices in a bedroom allegedly used by Vaughn.  On Aug. 6, 2019, ATF obtained a federal search warrant for Vaughn’s residence, which was executed by ATF and the NMSP Bomb Squad.  During the execution of the search, ATF and the NMSP Bomb Squad allegedly imaged multiple homemade improvised explosive devices, which they rendered safe.  The agents and officers also allegedly seized three more firearms and ammunition while executing the search warrant. 

            ATF arrested Vaughn on Aug. 5, 2019, following the traffic stop and execution of the consensual search at Vaughn’s residence. 

If convicted on the offenses in the criminal complaint, Vaughn faces a statutory maximum of ten years of imprisonment on the firearms possession charge, and a statutory maximum of ten years of imprisonment on the explosive devices charge.  Charges in criminal complaints are merely accusations.  Defendants are presumed innocent unless found guilty beyond a reasonable doubt.

            The investigation of this case, which is continuing, is being handled by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Roswell Police Department, and the New Mexico State Police Bomb Squad.  Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s office in Las Cruces is prosecuting the case. 

ALBUQUERQUE – Augustin Gallegos, 34, of Portales, N.M., made his initial appearance in federal court in Roswell, N.M., yesterday on an indictment charging him with production of child pornography.  Gallegos remains in federal custody pending arraignment and a detention hearing, both of which are scheduled for August 13, 2019, in federal court in Albuquerque, N.M.

A federal grand jury sitting in Albuquerque returned an indictment against Gallegos under seal on July 25, 2019.  The indictment was unsealed after the FBI arrested Gallegos earlier today.

The indictment charges Gallegos with persuading, inducing, enticing, and coercing a child under the age of 18 years to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.  According to the indictment, Gallegos committed the crime between March 2018 and May 2019, in Roosevelt County, N.M.

At the time of his arrest on the federal indictment, Gallegos was in state custody on related state charges filed by the 9th Judicial District Attorney’s Office.  The state charges will be dismissed in favor of federal prosecution.

If convicted of the charge in the indictment, Gallegos faces a statutory mandatory minimum of 15 years and a maximum of 30 years of imprisonment.  Charges in indictments are only accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law. 

The case was investigated by the Roswell and Albuquerque offices of the FBI and the Regional Computer Forensic Laboratory with assistance from the Texico (New Mexico) Police Department, the Portales Police Department, and the 9th Judicial District Attorney’s Office.  Assistant U.S. Attorney Sarah J. Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Yesterday a U.S. Magistrate Judge sitting in Albuquerque, N.M., ordered Terry Demetri Tsethlikai, 26, a member of Zuni Pueblo who resides in Black Rock, N.M., detained pending trial on an indictment charging him with manslaughter and assault charges.  Tsethlikai previously entered a not guilty plea to the three-count indictment on July 24, 2019.

            A federal grand jury indicted Tsethlikai on June 27, 2019, and charged him with voluntary manslaughter, assault resulting in serious bodily injury, and assault with a dangerous weapon.  According to the indictment, Tsethlikai allegedly unlawfully killed a male victim during a sudden quarrel; assaulted a female victim, causing her to suffer serious bodily injury; and assaulted a second male victim with a knife. The indictment alleges that Tsethlikai committed the three offenses in Indian Country in McKinley County, N.M., on November 23, 2018. 

Tsethlikai was arrested by the U.S. Marshals Service on July 22, 2019, at the Zuni Detention Center, where he was in custody on related tribal charges.

If convicted, Tsethlikai faces up to fifteen years of imprisonment on the manslaughter charge, and up to ten years of imprisonment on each of the two assault charges.  Charges in 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 Pueblo of Zuni Tribal Police Department and the U.S. Marshals Service.  Assistant U.S. Attorney Thomas J. Aliberti is prosecuting the case.

ALBUQUERQUE – Benedict Anthony Sena, 59, a member and resident of Acoma Pueblo, N.M., pleaded guilty in federal court in Albuquerque, N.M., on July 30, 2019, to a felony information charging him with two counts of abusive sexual contact of children under the age of 12 years.  Sena was remanded into federal custody after entering his guilty plea.

Sena was arrested on Aug. 1, 2016, on an indictment that charged him with aggravated sexual abuse.  According to the indictment, Sena sexually assaulted two children under the age of 12 years between Jan. 1, 2016 and Feb. 15, 2016, in Indian Country in Cibola County, N.M.

Sena entered his guilty plea under a plea agreement in which he admitted committing the two crimes charged in the felony information in Acoma Pueblo between Jan. 1, 2016 and Feb. 15, 2016.  In his plea agreement, Sena admitted touching the two child victims, both under the age of 12 years, on their groins and buttocks to arouse and gratify his sexual desire.

Sena will remain in custody pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Sena faces a statutory maximum penalty of life imprisonment, and will be required to register as a sex offender.

The Acoma Agency of the BIA’s Office of Justice Services investigated this case with assistance from the Acoma Pueblo Tribal Police Department.   Assistant U.S. Attorney Michael Murphy is prosecuting the case.

ALBUQUERQUE – Stanton Sanchez, 31, a member and resident of Zuni Pueblo, N.M., appeared in federal court in Albuquerque, N.M., yesterday, for an arraignment on an indictment charging him with two counts of assault of a minor resulting in serious bodily injury.  Sanchez entered a not guilty plea to the indictment, and was ordered detained pending trial which has yet to be scheduled.

            The two-count indictment, which was filed on July 27, 2019, alleges that Sanchez assaulted a male child and a female child, causing both to sustain serious bodily injuries.  The indictment alleges that Sanchez committed the crimes in Indian County in McKinley County, N.M., on July 22, 2018.

            The U.S. Marshals Service arrested Sanchez on the federal indictment on July 22, 2019, at the Zuni Adult Detention Center of the Zuni Department of Corrections, where Sanchez was in custody on related tribal charges.

            Sanchez faces a mandatory minimum of ten years and a maximum of life imprisonment if convicted on the charges in the indictment.  Charges in an indictment are only allegations.  A defendant is presumed innocent unless and until proven guilty.

            The Zuni Pueblo Tribal Police Department investigated this case, with assistance from the U.S. Marshals Service.   Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE – A federal grand jury has indicted a Laguna Pueblo man on charges of aggravated assault of an intimate partner by strangulation or suffocation and domestic assault by a habitual offender. 

Patrick Valencia, 49, of Laguna Pueblo, N.M., made his initial appearance on the two-count indictment in federal court in Albuquerque, N.M., yesterday.  Valencia was arraigned on the federal charges this morning and entered a not guilty plea.  Also during this morning’s court proceedings, Valencia was ordered detained pending trial.

            According to the indictment and other court records, Valencia allegedly committed the crimes charged in the Pueblo of Laguna in Cibola County, N.M., on August 5, 2018.  On that day, Valencia allegedly assaulted his intimate partner by strangling and suffocating her.  At the time, Valencia previously had been convicted of domestic assaults in the Tribal Court for the Pueblo of Laguna Pueblo court on four prior occasions.  

            The U.S. Marshal’s Service arrested Valencia on July 17, 2019, at the Pueblo of Laguna Detention Facility where he was being held on related trial charges.

            If convicted, Valencia faces up to ten years of imprisonment on the assault of an intimate partner by strangulation or suffocation charge, and up to five years on the domestic assault by an habitual offender charge.  Charges in indictments are only allegations.  A defendant is presumed innocent unless and until proven guilty.

            The BIA Office of Justice Services investigated this case with assistance from the Pueblo of Laguna Tribal Police Department and the U.S. Marshals Service.   Assistant U.S. Attorney Michael Murphy is prosecuting the case.

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict yesterday against Gaspar Leal, 49, of Albuquerque, on methamphetamine trafficking charges today after a two-day trial before U.S. District Judge James O. Browning.  The verdict was announced by First Assistant U.S. Attorney Fred J. Federici and Special Agent in Charge Monique Y. Villegas of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Leal and co-defendants Daniel Carmona, 32, and Luis Arreola-Palma, 25, both also of Albuquerque, originally were indicted in Aug. 2016.  The indictment charged the three defendants with conspiracy to distribute methamphetamine, and Carmona alone with two methamphetamine trafficking offenses and using a firearm in furtherance of a drug trafficking crime.  Arreola-Palma pled guilty to a methamphetamine charge in July 2017, and he was sentenced to 48 months of imprisonment in Oct. 2017.  Carmona pled guilty to a firearms charge in Dec. 2017, and was sentenced to 60 months of imprisonment in March 2018.

In Dec. 2017, a federal grand jury filed a three-count superseding indictment charging Leal with conspiracy to distribute methamphetamine and two counts of aiding and abetting the distribution of methamphetamine.  According to the superseding indictment, Leal committed the crimes between July 21, 2016 and Aug. 3, 2016, in Bernalillo County, N.M. 

Trial of Leal on the three-count superseding indictment began on July 22, 2019.  The trial concluded on the evening of July 23, 2019, when the jury a verdict of guilty on the conspiracy charge, and of acquittal on the two distribution charges.

            The evidence at trial established that in May 2016, the ATF initiated an undercover investigation into Leal, who was self-employed as a barber, and used an informant to assist in the investigation.  Working under the direction of ATF Special Agents, the informant contacted Leal to schedule a haircut appointment, and at Leal’s invitation, went to Leal’s apartment on May 7, 2016, where he met Leal for the first time.

            Trial evidence established that on July 21, 2016, Leal, who was in custody in connection with another federal case, called the informant to set up a methamphetamine deal.  On July 24, 2016, Leal and Arreola-Palma, both of whom were in custody, called the informant and asked the informant to call Carmona to arrange a methamphetamine deal.  During the call, Leal provided the informant with Carmona’s phone number.  On July 25, 2016, the informant called Carmona to arrange the methamphetamine deal.  On July 25, 2016, the informant and an undercover ATF Special Agent purchased methamphetamine from Carmona.

The evidence presented to the jury included testimony from the informant and an ATF Special Agent, the recorded telephone conversations, and the methamphetamine Carmona sold to the informant and the undercover ATF Special Agent at the direction of Leal. 

Leal has been in federal custody since Oct. 2016, and will remain detained pending his sentencing hearing in this case, which has yet to be scheduled.  Leal also is pending sentencing for a conviction on a methamphetamine trafficking charge in another federal case.  A sentencing hearing in that case has yet to be scheduled. 

At sentencing in this case, Leal faces a mandatory minimum of ten years and a maximum of life imprisonment, and in his other case, Leal faces a mandatory minimum of five years and a maximum of 40 years of imprisonment.  Based on his prior criminal convictions, Leal faces enhanced sentencing exposure under the applicable sentencing guidelines.

This case was investigated by the Albuquerque office of ATF with assistance from the DEA in Albuquerque, and is being prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Norman Cairns.

ALBUQUERQUE – Alton Jay Cowboy, 50, an enrolled member of the Navajo Nation who resides in Las Cruces, N.M., was sentenced today in federal court in Santa Fe, N.M., for his conviction for violating the Sex Offender Registration and Notification Act (SORNA).  Cowboy was sentenced to six-days of time already served in custody followed by five years of supervised release with special conditions, which include that he reside in a halfway house for up to 90-days; register as a sex offender, and have no contact with minor children. 

SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.

Cowboy was charged by indictment on Feb. 27, 2018, with violating SORNA by failing to update his sex offender registration from April 4, 2017 through Dec. 27, 2017, in Bernalillo County, N.M.  On April 5, 2018, Cowboy pled guilty to the indictment without the benefit of a plea agreement.

This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.

ALBUQUERQUE – Duane Aaron Skeet, 49, an enrolled member of the Navajo Nation who resides in Chichiltah, NM, was sentenced yesterday in federal court in Albuquerque, NM for his conviction on a felony child abuse charge.  Skeet was sentenced to 18 months in federal prison followed by a year of supervised release for endangering the lives and health of 25 Navajo children who were under his care while he was operating a school bus under the influence of alcohol.

Skeet previously pleaded guilty to this child abuse offense on March 26, 2019.  In his plea agreement, Skeet admitted that on the afternoon of Sept. 24, 2018, while he was employed as a school bus driver by the Bureau of Indian Education, he consumed alcohol before arriving for work at the Chi Chi Tah Jones Ranch School, which is located on the Navajo Indian Reservation.  Skeet acknowledged that he was intoxicated as he drove away from the school in a school bus with 25 Navajo children, ranging from five to 12 years in age, on board. 

According to court records, due to Skeet’s intoxicated state, the school bus swerved from side to side on the roadway.  Skeet continued driving the school bus in a damaged condition after hitting an embankment; almost flipped the bus while taking a sharp turn at a high rate of speed; and almost drove off a bridge near a canyon.  At times, children were thrown back and forth inside of the bus, although none suffered bodily harm.  Skeet’s bus route lasted almost 1 hour and covered approximately twenty-five miles with eight stops along at which children were dropped off, fortunately without injury.

The Window Rock office of the Navajo Nation Division of Public Safety investigated this case with the assistance of the McKinley County Sheriff’s Office and the New Mexico State Police.  Assistant U.S. Attorney David P. Cowen prosecuted the case.

 

 

ALBUQUERQUE – Leon Sanchez, 30, a member of Isleta Pueblo who resides in Bosque Farms, N.M., pleaded guilty in federal court in Albuquerque today to a charge of felony child endangerment under a plea agreement with the U.S. Attorney’s Office.

            In his plea agreement, Sanchez admitted committing the crime in Isleta Pueblo on Oct. 6, 2018, by discharging a firearm in the general direction of a child under the age of 18.  Although the child was unharmed, Sanchez admitted that his reckless actions placed the child in a situation that endangered the child’s life or health.

            Sanchez is currently on pretrial release pending a sentencing hearing, which has yet to be scheduled.  He faces up to a three-year term of imprisonment. 

            The Isleta Pueblo Tribal Police Department investigated this case, which is being prosecuted by Assistant U.S. Attorney Frederick Mendenhall.

ALBUQUERQUE – Tavis Washburn, 27, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pleaded guilty in federal court in Albuquerque on July 12, 2019, to charges of involuntary manslaughter and child abuse in Indian Country. 

            In his plea agreement, Washburn admitted committing these crimes in San Juan County on Feb. 15, 2018.  Washburn was driving drunk and speeding on a highway when he crashed his car into a truck turning onto the road.  The impact of the crash killed the passenger in the front passenger seat of Washburn’s vehicle.  Washburn’s reckless conduct also endangered Washburn’s 2-year-old son, who was a passenger in the vehicle.  The crash occurred within the Navajo Indian Reservation.

                 Washburn currently is in out of custody pending sentencing.  Under the terms of the plea agreement, Washburn faces 71 to 120 months of imprisonment when he is sentenced.  A sentencing date has not been scheduled.

            The case was investigated by Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.

ALBUQUERQUE – Marybeth Jiron, 56, of Isleta Pueblo, N.M., pleaded guilty in federal court in Albuquerque today to charges of assaulting two federal officers.

            A grand jury returned an indictment against Ms. Jiron on Feb. 27, 2019, charging her with two counts of assaulting federal officers of the Bureau of Indian Affairs, with the assaults involving physical contact.  According to the indictment and other court records, Ms. Jiron committed the offenses in Bernalillo County on Jan. 31, 2019. Specifically, Ms. Jiron threw a lit cigarette at one officer, hitting the officer in the eye. Ms. Jiron then hit and pushed a second officer. At the time of the assaults, both officers were engaged in the performance of their official duties.

            Ms. Jiron has been released pending sentencing, which has yet to be scheduled.  She faces up to eight years in prison. 

            The Isleta Tribal Police Department investigated this case.  Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.

ALBUQUERQUE – Tavor Tom, 18, of Shiprock, N.M. appeared in federal court today on a criminal complaint charging him with murder in Indian Country. 

According to the criminal complaint, Tom allegedly committed this offense on July 1, 2019.  He went to the victim’s home and stabbed her repeatedly with a knife.   The victim died at the scene.  Tom stole the victim’s automobile and fled the residence.  Police later found him after he crashed the vehicle. 

The FBI arrested Tom on July 5, 2019.  He appeared in court today for a detention hearing where the judge ordered him to remain in custody pending trial.  He faces up to life in prison if convicted.  A criminal complaint is only an allegation.  A Defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The FBI investigated this case with the Navajo Nation Criminal Investigation Section and the McKinley County Sheriff’s Office.  Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case. 

The Department of Justice today reached a settlement under the Americans with Disabilities Act (ADA) with Sandoval County, New Mexico, to ensure that the County’s polling places are accessible during elections to individuals with mobility and vision impairments.  

The Department of Justice surveyed and assessed the County’s voting program for compliance with the ADA. The Department’s survey identified architectural barriers at County polling places, including inaccessible parking, ramps that were too steep, and doorways with thresholds that were too high. Under the ADA, counties that conduct local, state, or federal elections may not select polling places that are inaccessible during elections to individuals with disabilities. The County is home to thirteen Pueblos and Tribal Entities, and one dozen County polling places are located on tribal lands.

Under the terms of the settlement agreement, Sandoval County will begin remediating its voting program in time for its next election. To make its selected polling places accessible, the County will employ temporary measures, such as portable ramps, signage, and propped open doors, as well as certain permanent changes, such as paved parking and ramps. In addition, the County will train its poll workers on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible during elections. The County will also survey polling locations for accessibility and maintain the accessibility of each polling place it uses on Election Day. When selecting future polling places, the agreement requires the County to select locations that will be accessible during elections. The Department of Justice will monitor the County’s compliance with the agreement and provide the County with technical assistance. 

“This agreement reflects the Department’s continued commitment, through its ADA Voting Initiative, to ensuring that every eligible voter with a disability has an equal opportunity to vote in person at his or her local polling place,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “This fundamental right secures participation in our democracy and must not be diminished or restricted by barriers to access. We commend the County’s commitment to guaranteeing that eligible voters with disabilities have equal access to the polls.”

“A disability should never stand as an impediment to a citizen exercising the fundamental right to vote in our democracy,” said U.S. Attorney John C. Anderson. “This settlement ensures polling places in Sandoval County will be accessible to all eligible voters.”

This settlement is part of the Department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places. Through this Initiative, the Department of Justice has surveyed more than 1,600 polling places and increased polling place accessibility in more than 35 jurisdictions, including Coconino County, Arizona; McKinley County, New Mexico; Harris County, Texas; Chicago, Illinois; and Richland County, South Carolina.

For more information about the ADA and today’s agreement, please visit http://www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

ALBUQUERQUE – Sharon A. Moore, 64, and Susan K. Harris, 72, of Albuquerque, N.M. pleaded guilty in federal court this week to conspiracy and other financial crimes committed 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. 

Both defendants pleaded guilty to charges previously filed against them in a superseding indictment returned on December 5, 2017.  Moore pleaded guilty on July 9 and Harris pleaded guilty on July 11.  In their plea agreements, Moore and Harris admitted to conspiracy, mail fraud, aggravated identity theft, money laundering, and conspiracy to commit money laundering.  According to their plea agreement, Moore acted as chief financial officer of Ayudando and Susan Harris acted as president.  They engaged in a pattern of sophisticated criminal conduct from November 2006 to July 2017.  This included unlawfully transferring money from client accounts to a comingled account without any client-based justification.  They wrote and endorsed numerous checks, often of more than $10,000, from these comingled accounts to themselves, family members, cash, and other parties where payment would benefit their families.  Moore also tried to conceal her criminal activity in reports to the Veterans Administration for fiduciary clients.  She falsified bank statements and annual reports to disguise the theft of money from client accounts. 

Moore and Harris are currently out of custody pending sentencing.  Each faces a mandatory term of two years imprisonment at sentencing.  Moore could be sentenced up to 20 years in prison under the terms of her plea agreement, while Harris’ plea agreement does not place an upper limit to the length of imprisonment possible at sentencing.  They have also agreed to forfeit assets and funds derived from their offenses and to pay restitution to the victims. 

The superseding indictment also charged Harris’s husband, William S. Harris, 58, and her son, Craig M. Young, 53.  William Harris pleaded guilty on June 25, 2019, to conspiracy to defraud the United States and commit money laundering.  Young is scheduled to go to trial September 23, 2019.  Charges in an indictment are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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 VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation.  Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.

ALBUQUERQUE – Two men from McKinley County, N.M., have pleaded guilty in federal court in Albuquerque to a charge of kidnapping in Indian Country

            A grand jury returned an indictment against Preston John, 24, of Gallup, N.M., and Brandon Largo, 27, of Crownpoint, N.M, on February 13, 2019.  The indictment charged them with participating in a kidnapping on the Navajo Nation on September 3, 2018. 

            According to their plea agreements, these two defendants and a co-defendant, Adrianne Cellicion, were traveling as passengers in an automobile 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 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 tree with John’s belt before fleeing the scene.     

            John pleaded guilty on July 5, 2019, and Largo pleaded guilty on July 9, 2019.  They are both in custody and face up to life in prison.   A jury previously convicted Cellicion of kidnapping and carjacking on June 5, 2019.

            The Gallup, N.M., office of the FBI, the Gallup Police Department, and the Navajo Nation Department of Public Safety investigated this case.  Assistant U.S. Attorneys Michael D. Murphy and Frederick Mendenhall are prosecuting the case.

ALBUQUERQUE – Nathanial Atencio, 24, of Counselor, N.M., pleaded guilty in federal court in Albuquerque today to a charge of sexual abuse of a minor in Indian Country.

            A grand jury previously returned an indictment against Atencio on January 29, 2019.  According Atencio’s plea agreement, he committed this crime in Sandoval County sometime between November 1, 2016, and November 8, 2016.  Atencio engaged in a sexual act with a 14-year-old girl who became pregnant and gave birth to a child.  Atencio is an enrolled member of the Navajo Nation where this crime occurred.    

            Atencio is currently out of custody pending sentencing.  He faces up to 15 years in prison.

            The Farmington office of the FBI investigated this case.  Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE – Daniel Lowell, 35, of Pueblo, Colo, pleaded guilty in federal court in Las Cruces today to carjacking resulting in death and other offenses stemming from a crime spree in Doña Ana and Luna Counties on November 27, 2017.  

​            According to court records and statements made on the record in court, Lowell took part in the crime spree with Trista Schlaefli, 32, of Colorado Springs, Colo.  It began at an immigration checkpoint on Interstate 10.  Lowell approached the checkpoint in a stolen vehicle and could not produce identification. A Border Patrol agent directed Lowell to secondary inspection. However, Lowell sped away with Schlaefli in the stolen vehicle driving more than 100 miles per hour.

​            After fleeing the checkpoint, one of the tires on the truck blew out.  Lowell approached another vehicle with a family inside, including two small children.  Lowell threatened the driver at gunpoint and demanded they give him their vehicle.  Lowell carjacked the vehicle and took off with Schlaefli.

​            From there, Lowell stole some spark plugs from a store that he intended to use to break into other cars. However, before Lowell could do that, police tried to pull Lowell and Schlaefli over in the stolen vehicle.  Lowell and Schlaefli took off driving recklessly and speeding with police chasing them.  During their flight, they crashed into a motorcyclist, who died from the impact of the collision.  

​            Lowell and Schlaefli continued to attempt to evade law enforcement.  Lowell tried to carjack another vehicle, but the driver resisted.  Eventually, a team of law enforcement officers stopped Lowell and Schlaefli and arrested them.  Lowell had a stolen firearm and at least fifteen stolen credit cards with him at the time of his arrest.

​            Schlaefli previously pleaded guilty on November 13, 2018, to an indictment charging her with carjacking resulting in death, high-speed flight from an immigration checkpoint, carjacking, attempted carjacking, aiding and abetting brandishing a firearm during a crime of violence, and possession of unauthorized access devices.  She is awaiting sentencing at a future date.

​            On June 19, 2019, a federal grand jury in Las Cruces returned a second superseding indictment against Lowell.   Today, he pleaded guilty to all charges including carjacking resulting in death, attempted carjacking,  high-speed flight from an immigration checkpoint, brandishing a firearm during a crime of violence, possession of a stolen firearm, transportation of a stolen vehicle, being a felon in possession of a firearm, and possession of unauthorized access devices.  

​            Lowell is currently in custody.  At sentencing, he faces up to life in prison for carjacking resulting in death, 15 years in prison for attempted carjacking, 5 years in prison for flight from an immigration checkpoint, 7 year in prison for brandishing a firearm, 10 years in prison for possession of a stolen firearm, 10 years in prison for transportation of a stolen vehicle, 10 years in prison for being a felon in possession of a firearm, and 10 years in prison for possession of an unauthorized access device.

​            The Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Border Patrol, the New Mexico State Police Department, the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the Pikes Peak Community College Campus Police, the Colorado Springs Police Department, the Pueblo Police Department, the Pueblo County Sheriff’s Office, the Fountain Police Department, and the Colorado State Patrol investigated this case.  Assistant U.S. Attorneys Marisa A. Ong and Aaron Jordan are prosecuting the case.

ALBUQUERQUE – Michael Yonnie, 28, of Winslow, Ariz., was sentenced in federal court on Monday to 20 years in prison on two counts of second-degree murder in Indian Country.

            Yonnie previously pleaded guilty to this offense on March 20, 2019.   According to his plea agreement, he committed the murders on July 18, 2014.  Yonnie became upset when he saw the first victim with his mother.  Yonnie confronted the first victim with a knife and stabbed the first victim to death.   Yonnie then went to the second victim’s home, where he pulled a knife and stabbed the second victim fatally.   Law enforcement officers arrested Yonnie when he returned home a short time later.  

            The Albuquerque office of the FBI investigated this case with the Navajo Nation Police Department.  Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case.

ALBUQUERQUE – Donald Tolbert, 50, of Albuquerque, N.M., pleaded guilty Monday in federal court to 12 counts of distribution, receipt, and possession of videos and images containing child pornography in violation of federal law.

            According to Tolbert’s plea agreement, he committed these offenses between July 17, 2012, and September 20, 2012.  During that time, Tolbert sent and received numerous images and videos of child pornography by email.  Tolbert then transferred several of those pornography images and videos between his multiple email accounts.  Tolbert also stored videos and images of child pornography on his mother’s computers.  Tolbert committed these offenses after being previously convicted in New Mexico state court of two counts of criminal sexual contact with a minor under the age of 13.

            Tolbert is currently in custody pending sentencing where he faces a term of imprisonment in the range of 30 to 35 years (360 to 420 months).  

            The Albuquerque office of Homeland Security Investigations, Federal Bureau of Investigation, New Mexico Attorney General’s Office, New Mexico State Probation and Parole, and the New Mexico Regional Computer Forensics Laboratory investigated this case.  Assistant U.S. Attorneys Kristopher N. Houghton and Alexander M. Uballez are prosecuting the case.

ALBUQUERQUE – Nathan Thomas, 43, an enrolled member of the Navajo Nation who resides in Pueblo Pintado, N.M., was arraigned in federal court in Albuquerque, N.M., on July 16, 2019, on an indictment charging him with three counts of aggravated sexual abuse and one count of abusive sexual contact.  Thomas was ordered detained pending trial during a detention hearing held this morning.

            Thomas was indicted by a federal grand jury on June 12, 2019, and the FBI arrested him on July 11, 2019. 

According to the indictment, Thomas allegedly engaged in or attempted to engage in a sexual act with a child under the age of 12 years on three occasions between 2007 and 2010, and allegedly had sexual contact with the child one occasion during the same time period.  The indictment alleges that Thomas committed the crimes in Indian Country in San Juan County. 

            Thomas faces up to life in prison if convicted of the charged offenses.  Charges in indictments are only allegations.  A defendant is presumed innocent unless and until proven guilty.

            The Gallup office of the FBI investigated this case.   Assistant U.S. Attorney Allison Jaros is prosecuting the case.

 

ALBUQUERQUE – Ricky Thomas, 51, of McKinley County, N.M., pleaded guilty today in federal court to an indictment charging him with assault resulting in serious bodily injury in Indian Country. 

            In Thomas’s plea agreement, he admitted committing this offense in McKinley County on September 15, 2018.  Thomas pushed the victim off a porch causing the victim to fall to the ground and hit his head on some cinderblocks.   Thomas’s assault caused the victim serious injury, including fractures and other spinal cord injuries.   The victim is now quadriplegic.  Thomas is a member of the Navajo Nation and committed the offense in Indian Country.

            Thomas is currently in custody awaiting sentencing.   He faces from 30-33 under the terms of his plea agreement. 

            The FBI investigated this case.  Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE – Peter Fitzpatrick, 44, of Byron Center, Mich., was sentenced in federal court on Monday to five years of probation and 40 hours of community service for stalking a former co-worker. 

            Fitzpatrick previously pleaded guilty to stalking on March 1, 2019.  In his plea agreement, he admitted to stalking the victim with angry and confrontational telephone calls, emails, and text messages from February 1, 2016, to September 1, 2017.  In these communications, Fitzpatrick also objected to the U.S. Fish and Wildlife Service’s management of the Mexican Grey Wolf Recovery Program based in Albuquerque.

            Fitzpatrick’s communications placed his former co-worker in reasonable fear of death or serious physical injury.  Fitzpatrick also made comments about his former co-worker’s daughter expected to cause emotional distress.        

            The U.S. Fish and Wildlife Service, Office of Law Enforcement and United States Postal Inspection Service investigated this case.  Assistant U.S. Attorney Letitia C. Simms prosecuted the case.

ALBUQUERQUE – Francisco Javier Palillero, 28, Holloman Air Force Base, Alamogordo, New Mexico, was sentenced in federal court in Las Cruces yesterday to 121 months in prison for Sexual Abuse, committed against a civilian employee at Holloman Air Force Base.

A jury convicted Palillero of this offense on December 5, 2018, after a three day trial. The evidence at trial showed that on April 27, 2018, the victim and her fiancé were next-door neighbors to Palillero, on Holloman Air Force Base. On that date, the victim and her fiancé went to Palillero’s house for a barbeque. At approximately 10:00 p.m., the victim left the barbecue, returned home, and went to sleep in her bedroom with the bedroom door closed, while her fiancé remained at the barbecue.

At approximately 2:00 a.m, on April 28, 2018, Palillero, who was highly intoxicated, followed the victim’s fiancé back to the victim and her fiancé’s home. While the victim’s fiancé sat in the living room, Palillero snuck down a hallway leading to the victim’s bedroom, where she was sleeping. While the victim was sleeping and without her consent, Palillero kissed the victim’s face, rubbed her breasts, traced the outline of her underwear, moved her underwear to the side, rubbed her genital area roughly, and then digitally penetrated her vagina.

When the victim woke up, Palillero told her, “Don’t say anything” and then left the bedroom. The victim then charged out of her bedroom and punched Palillero multiple times in the face, knocking him to the floor.   

The case was investigated by the Las Cruces FBI office and Holloman Air Force Base Security Forces. The case was prosecuted by Assistant U.S. Attorneys Matilda M. Villalobos and Mark A. Saltman.

ALBUQUERQUE – Patricio Saborio Fierro, 29, of Deming, N.M., appeared in federal court in Las Cruces, N.M., on Wednesday on a charge of possessing a firearm and ammunition as a convicted felon.

            A grand jury returned an indictment on June 19, 2019, charging Fierro with one count of being a felon in possession of a firearm and ammunition.   According to the indictment, Fierro knowingly possessed the firearm and ammunition after he was previously convicted of the felony offense of possession with intent to distribute marijuana.

The FBI arrested Fierro in Las Cruces on Tuesday.  Fierro is currently in custody awaiting a detention hearing next Tuesday, July 2.  He faces up to 10 years in prison if convicted of this offense.  An indictment is only an accusation.  A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The Las Cruces office of the FBI investigated this case with assistance from the Deming Police Department.   Assistant U.S. Attorney Maria Y. Armijo of the Las Cruces Branch Office

ALBUQUERQUE – Kevin Ernest Lewis, 31, of Casamero Lake, N.M., appeared in federal court in Albuquerque today on charges of assault and child abuse resulting serious bodily injury to his daughter in Indian Country.

According to a criminal complaint, Lewis committed the offenses on May 28, 2019.  He allegedly got into a fight with his girlfriend while driving back from a casino.  Lewis beat his girlfriend with his fists and choked her.  When he later got out of the car, she moved into the driver’s seat and drove home without him.

Lewis went to his girlfriend’s house where her mother tried to stop him from coming inside.  Lewis responded by punching her mother and knocking her to the ground.  Lewis then attacked his girlfriend again while she was holding their 4-month-old daughter in her arms.  Lewis pulled his girlfriend outside of the house and knocked her to the ground causing their daughter to hit her head on concrete.  Lewis kicked the child repeatedly as his girlfriend tried to shield her with his body.  The child suffered a fractured skull and cerebral hemorrhage. 

Lewis is currently in custody.  He faces up to 10 years in prison if convicted of assault resulting in serious bodily injury and 18 years in prison if convicted of child abuse.  A criminal complaint is only an accusation.  A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt at trial.

The Navajo Nation Department of Criminal Investigations investigated this case.  Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.

ALBUQUERQUE – William S. Harris, 58, of Albuquerque, N.M. pleaded guilty in federal court yesterday to conspiracy to defraud the United States and 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. 

Harris pleaded guilty to charges in a superseding indictment previously filed on December 5, 2017.  The superseding indictment also charged his wife, Susan K. Harris, 72, his stepson, Craig M. Young, 53, and another co-owner of the business, Sharon A. Moore, 64, with various financial crimes, including conspiracy, mail fraud, aggravated identity theft, and money laundering.

In Harris’s plea agreement, he admitted to acting in concert with his co-defendants to cheat the United States government out of money and property from November 2006 to July 2017.  Harris admitted that he knew that Moore was siphoning payments to clients from the Department of Veterans Affairs and Social Security Administration and using the money to benefit herself, Harris, and their co-conspirators.  Harris specifically admitted receiving, endorsing, and depositing dozens of checks drawn on Ayudando accounts for his own personal benefit. 

Harris also admitted to his involvement in a money laundering scheme.  Harris acknowledged using an Ayudando corporate credit card for personal expenses, knowing that it would be paid for with client money.  He also admitted his role in a loan application for the stated purpose of expanding the Ayudando business with the actual intent of using the money to “pay back” clients whose money they took without authorization.

The terms of Harris’s plea agreement require him to serve 84 months in prison.  He also agreed to forfeit assets and funds derived from his offenses and to pay restitution to the victims.  The other three co-defendants are scheduled to go to trial on September 23, 2019.  Charges in indictment are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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 VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation.  Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.

 James Baldinger, 51, a former private prisoner transport officer with the Prisoner Transportation Services of America LLC. (PTS), pleaded guilty today in federal court in Albuquerque, New Mexico, to one count of violating the civil rights of a female in his custody whom he sexually assaulted during a transport.

According to court documents, Baldinger worked as a transport officer for PTS, a private prisoner extradition company that contracts with government agencies to transport individuals arrested on out-state-warrants to the extraditing jurisdiction. On or about July 11-12, 2017, during a transport from Kentucky to Bernalillo County, New Mexico, Baldinger sexually assaulted a female who was in his custody. Specifically, he touched her while she was restrained and without her consent. As a result of Baldinger’s conduct, the victim suffered pain and injury. Baldinger admitted that he knew what he was doing was wrong and against the law, yet he did so anyway. 

“The Department of Justice will not tolerate officers who abuse their positions of power to sexually assault individuals in their custody,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to vigorously prosecute these cases and secure justice for victims of these despicable crimes.”

“This defendant exploited his authority over this vulnerable victim and deprived her of her Constitutional rights,” said U.S. Attorney John C. Anderson. “Today’s guilty plea demonstrates that the U.S. Attorney’s Office will hold those who violate prisoners’ civil rights accountable to the fullest extent of the law.”     

The defendant was remanded into custody when he entered his guilty plea.

This case is being investigated by the Albuquerque Division of the FBI and the New Mexico State Police. It is being prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Civil Rights Division of the U.S. Department of Justice, as well as Assistant United States Attorney Shaheen Torgoley, formerly of the District of New Mexico and Assistant United States Attorney Kimberly Brawley, of the District of New Mexico.

WASHINGTON – James Baldinger, 51, a former private prisoner transport officer with the Prisoner Transportation Services of America LLC. (PTS), pleaded guilty today in federal court in Albuquerque, New Mexico, to one count of violating the civil rights of a female in his custody whom he sexually assaulted during a transport.

            According to court documents, Baldinger worked as a transport officer for PTS, a private prisoner extradition company that contracts with government agencies to transport individuals arrested on out-state-warrants to the extraditing jurisdiction. On or about July 11-12, 2017, during a transport from Kentucky to Bernalillo County, New Mexico, Baldinger sexually assaulted a female who was in his custody. Specifically, he touched her while she was restrained and without her consent. As a result of Baldinger’s conduct, the victim suffered pain and injury. Baldinger admitted that he knew what he was doing was wrong and against the law, yet he did so anyway. 

            “The Department of Justice will not tolerate officers who abuse their positions of power to sexually assault individuals in their custody,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to vigorously prosecute these cases and secure justice for victims of these despicable crimes.”

“This defendant exploited his authority over this vulnerable victim and deprived her of her Constitutional rights,” said U.S. Attorney John C. Anderson. “Today’s guilty plea demonstrates that the U.S. Attorney’s Office will hold those who violate prisoners’ civil rights accountable to the fullest extent of the law.”     

The defendant was remanded into custody when he entered his guilty plea.

This case is being investigated by the Albuquerque Division of the FBI and the New Mexico State Police. It is being prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Civil Rights Division of the U.S. Department of Justice, as well as Assistant United States Attorney Shaheen Torgoley, formerly of the District of New Mexico and Assistant United States Attorney Kimberly Brawley, of the District of New Mexico.

ALBUQUERQUE – James Christopher Benvie, 44, of Albany, Minn., appeared in federal court today for an initial appearance on an indictment returned by a grand jury in New Mexico charging him with two counts of false personation of an officer or employee of the United States. 

The grand jury returned the indictment on Wednesday alleging Benvie committed these offenses in Doña Ana County on April 15, 2019 and April 17, 2019.  Benvie made his initial appearance today in the United States District Court for the Western District of Oklahoma after the FBI with the assistance of the Logan County Sheriff’s Office arrested him in Guthrie, Okla.  He is scheduled for a detention hearing on Tuesday afternoon and will be transported to the District of New Mexico for prosecution. 

Benvie faces up to 3 years in prison if convicted.  An indictment is only an accusation.  A defendant is presumed innocent until proven guilty. 

The FBI investigated this case.  Assistant U.S. Attorneys Renee L. Camacho and Randy Castellano of the Las Cruces Branch Office are prosecuting the case.    

             

ALBUQUERQUE – Ronnie Tiznado, 46, of Dulce, N.M., appeared in federal court on Wednesday on charges of assaulting his wife on the Jicarilla Apache Nation Indian Reservation. 

Tiznado is charged by criminal complaint with assault resulting in serious bodily injury and assault of a spouse by strangling, suffocating, or attempting to strangle or suffocate.  According to the complaint, Tiznado sent threatening text messages to his wife while she was working at a store on June 1, 2019.  In these text messages, Tiznado threatened to kill the victim and beat her to death.  Early the next morning, Tiznado located her at Stone Lake, a community near Dulce, N.M.  Tiznado pulled her from her car by the hair and hit, kicked, and choked her.  The victim suffered a broken nose and severe bleeding and swelling to her face with one of her eyes swollen shut.    She also suffered bruises, scratches, and redness on her neck, arms, ribs, back, and chest, all requiring treatment at a hospital in Farmington.

Tiznado is currently out of custody awaiting trial.  He faces up to 10 years in prison if convicted of these offenses.  A criminal complaint is only an accusation.   A defendant is presumed innocent until proven guilty.

The Farmington office of the FBI investigated this case.  Assistant U.S. Attorney Frederick T. Mendenhall III is prosecuting the case.    

ALBUQUERQUE – Lisa Dawn Curry, 48, formerly of Red River, N.M., pleaded guilty in federal court yesterday to 2 counts of failure to file tax returns reporting income she earned from her business. 

According to Curry’s plea agreement, she operated a company in Red River, N.M.  She used money from the company’s operating account to pay her own personal expenses.  Under federal tax law, she needed to file income tax returns in 2012 and 2013 because she earned more than the minimum gross income.  However, Curry did not file returns for those years although she knew of the filing requirement because she properly filed returns in previous years.       

Curry is out of custody awaiting sentencing at a future date.   She faces a sentence of 5 years’ probation and has agreed to pay restitution in an estimated amount of $72,840.   

The Internal Revenue Service Criminal Investigation investigated this case with assistance from the New Mexico Taxation and Revenue Department, the Red River Marshal’s Office, and 16th Judicial Circuit State Attorney’s Office in Key West, Fla.  Assistant U.S. Attorney Holland S. Kastrin is prosecuting the case.

ALBUQUERQUE – Ethan Guillen, 20, of Albuquerque, N.M., pleaded guilty in federal court yesterday to charges stemming from an incident in 2017 where he entered his former girlfriend’s home without permission and planted a bomb underneath her bed.

A grand jury previously indicted Guillen for possession of an unregistered destructive device and malicious attempt to destroy property by means of fire or explosives.  According to court documents, Guillen entered his former girlfriend’s apartment home on May 18, 2017.  The victim and her family were away from home attending a graduation.  Guillen secretly placed an improvised explosive device under the victim’s bed consisting of a pressure cooker with black powder, napalm, and shrapnel such as nuts, and bolts inside.  Guillen connected the device to a timer and electrical outlet.  He set the device to explode early the next morning.  However, the device did not explode as scheduled.  Several days later,  the victim found the device under her bed. The victim’s mother partially disassembled the device and alerted police. 

Guillen is currently in custodypending sentencing at a future date.The offense of possession of the unregistered destructive device carries a sentence of up to 10 years in prison, while Guillen’s attempt to destroy property carries a sentence of from 5 to 20 years in prison. 

The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with assistance from the Albuquerque Police Department.  Assistant U.S. Attorneys Howard R. Thomas and David M. Walsh are prosecuting the case.