District of New Mexico
Press releases recorded for this federal judicial district.
Taos Man Sentenced to Five Years for Federal Armed Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Joaquin Romero, 30, of Taos, N.M., was sentenced today in federal court in Albuquerque, N.M., to 60 months in prison for his conviction on an armed bank robbery charge. Romero will be on supervised release for three years after completing his prison sentence.
Romero was arrested on Jan. 13, 2016, on a criminal complaint charging him with robbing the People’s Bank located inside a supermarket at 710 Paseo del Pueblo Sur, in Taos on Jan. 10, 2016.
Romero was subsequently charged in a three-count indictment on Jan. 27, 2016, with armed bank robbery, brandishing and using a firearm during and in relation to a crime of violence, and being a felon in possession of a firearm and ammunition. According to the indictment, Romero committed the crimes on Jan. 10, 2016, in Taos County, N.M. Romero was prohibited from possessing firearm or ammunition on Jan. 10, 2016, because of his prior felony conviction for aggravated assault with a deadly weapon.
During today’s proceedings, Romero pled guilty to armed bank robbery. In entering the guilty plea, Romero admitted that on Jan. 10, 2016, he robbed the People’s Bank branch with a working shotgun by walking up to a bank teller’s window, “racking” his gun twice to make clear that he was robbing the bank through violence, shoved a bank customer aside, grabbed money from the bank teller’s counter and left the bank with money and the shotgun.
Romero remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Taos Police Department and the Taos County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Navajo Man from Albuquerque Pleads Guilty to Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Erick McDonald, 27, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., pled guilty today in federal court to violating the Sex Offender Registration and Notification Act (SORNA).
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.
McDonald was charged by indictment on Aug. 28, 2018, with violating SORNA by failing to update his sex offender registration from Oct. 30, 2017 through April 21, 2018, in Bernalillo County, N.M.
During today’s proceedings, McDonald pled guilty to the indictment without the benefit of a plea agreement. In its proffer of evidence, the United States indicated that McDonald is required to register under SORNA because of his conviction on July 17, 2013, for two counts of abusive sexual contact. At sentencing, McDonald faces a maximum penalty of ten years in federal prison. He will be required to register as a sex offender when he completes his prison sentence pursuant to his previous conviction. McDonald remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Navajo Man Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Theisman Tsosie, 26, an enrolled member of the Navajo Nation who resides in Pueblo Pintado, N.M., pled guilty today in federal court in Albuquerque, N.M., to a child abuse charge. Under the terms of his plea agreement, Tsosie will be sentenced to 60 months in federal prison followed by a term of supervised release to be determined by the court.
Tsosie was arrested on Feb. 23, 2018, and charged in a federal criminal complaint with slapping and kicking a six-year-old Navajo child requiring that the victim be sent to the hospital. According to court documents, the victim suffered multiple injuries including: a complex occipital skull fracture, bruising on the face, abrasion on the left hip, bruise on the inner thigh, scab on the scalp, bruise on the left ear, linear bruise with quality of an overlying abrasion on the right cheek and jaw, scab on the chin, bruise on the right cheek, injured lip with bruising, bruise under the left nostril, bruise under the nasal bridge, bruise with abrasion under the left eye, bruise with abrasion on the left forehead and left eyebrow area, and a large left posterior flank contusion.
Tsosie was subsequently indicted on March 13, 2018, and charged with abandonment or abuse of a child resulting in great bodily harm. According to the indictment, Tsosie committed the offense on Feb. 21, 2018, on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Tsosie pled guilty to an information charging him with assault resulting in substantial bodily injury. In entering the guilty plea, Tsosie admitted that on Feb. 21, 2018, he pushed and hit a child under the age of 16-years, resulting in the victim sustaining a fractured skull and other contusions and abrasions.
Tsosie remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorneys Allison Jaros and Kyle T. Nayback are 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/.
Two Men Charged with Trafficking Methamphetamine in Eddy CountyRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in Las Cruces, N.M., indicted two men, Kenny Sanchez, 53, a former resident of Carlsbad, N.M., who currently resides in Balch Springs, Tex., and Joseph Hernandez, 41, a resident of Carlsbad, charging them with trafficking methamphetamine in Eddy County, N.M. The charges against Sanchez and Hernandez, which are contained in separate indictments that were filed in Sept. 2018, are the result of investigation by the DEA and the Pecos Valley Drug Task Force into methamphetamine trafficking in Carlsbad. Sanchez’s indictment was announced this week after he was transferred from Texas to New Mexico to face the charges against him.
Sanchez is charged in a four-count indictment that was filed on Sept. 19, 2018, and charges him with participating in a methamphetamine trafficking conspiracy in April 2018, and with distributing methamphetamine on April 18, 2018, April 27, 2018 and May 9, 2018. The indictment alleges that Sanchez committed the four offenses in Eddy County.
The Abilene Police Department arrested Sanchez on a federal arrest warrant issued based on the federal indictment in Abilene, Tex., on Sept. 21, 2018. Sanchez was transferred from Texas to New Mexico on Oct. 26, 2018, and he made his initial appearance in federal court in Las Cruces, N.M., on Oct. 29, 2018. Sanchez was ordered detained pending trial, which has yet to be scheduled.
If convicted, Sanchez faces a mandatory minimum penalty of five years and a maximum of 40 years of imprisonment on the conspiracy charge and one of the distribution charges, and a mandatory minimum of ten years and a maximum of life of imprisonment on the two remaining distribution charges.
Hernandez is charged in a two-count indictment with distributing methamphetamine on March 21 and 22, 2018, in Eddy County. The PVDTF arrested Hernandez at his residence in Carlsbad on Sept. 25, 2018, and Hernandez made his initial appearance in federal court in Las Cruces. Hernandez was ordered detained pending trial, which has yet to be scheduled.
If convicted, Hernandez faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison on each of two distribution charges.
Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
These cases were investigated by the DEA and the Pecos Valley Drug Task Force and are being prosecuted by Assistant U.S. Attorney Clara N. Cobos of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of agents and officers from the Bureau of Land Management, Eddy County Sheriff’s Office and Carlsbad Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (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.
Bernalillo County Man Sentenced to Prison for Federal Fraud, Identity Theft and Theft of Mail ConvictionRead the Press Release
ALBUQUERQUE – Jesse Tucker, 36, of Tijeras, N.M., was sentenced today in federal court in Albuquerque, N.M., to 48 months in prison for his conviction on fraud, identity theft, and theft of mail charges. Tucker will be on supervised release for two years after completing his prison sentence. Tucker also was ordered to pay $42,600.42 in restitution to the victims of his crimes.
Tucker was charged in an indictment filed on Feb. 14, 2018, with eight counts of bank fraud, six counts of aggravated identity theft, and one count of theft or receipt of stolen mail. The bank fraud counts alleged that between Nov. 2016 and May 2017, Tucker fraudulently obtained almost $70,000 through a scheme to defraud that involved the use of stolen personal identifiers, checks, and other financial instruments obtained from stolen mail. The aggravated identity theft counts alleged that Tucker used the identities of others without lawful authority between Nov. 2016 and May 2017, and the theft or receipt of stolen mail count alleged that in June 2017, Tucker unlawfully possessed stolen mail, including checks and financial instruments, taken from a U.S. Postal depository in June 2017. The indictment charged Tucker with committing these crimes in Bernalillo and Valencia Counties, N.M.
On June 20, 2018, Tucker pled guilty to the eight bank fraud charges, two of the aggravated identity theft charges, and the theft or receipt of stolen mail charge. In entering the guilty plea, Tucker admitted that between Nov. 2016 and May 2017, he used the personal identifiers of nine individuals, which he obtained from stolen mail, to create and obtain counterfeit identification cards and drivers’ licenses that but bore his photograph. Tucker then used the fraudulent identification cards and licenses to falsify checks, complete credit applications, and apply for loans from financial institutions. Tucker also admitted using the personal identifiers of others in his efforts fraudulently to obtain loans while knowing that they belonged to real people. Tucker also acknowledged that on June 6, 2017, law enforcement found a large volume of stolen mail belonging to other individuals in his residence.
The U.S. Postal Inspection Service investigated this case and it was prosecuted by Assistant U.S. Attorney Holland S. Kastrin.
Lea County Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Marco Quiroga, 37, of Lovington, N.M., pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Quiroga will be sentenced to 70 months in federal prison followed by a term of supervised release to be determined by the court.
Quiroga was arrested in June 2018, on a criminal complaint charging him with distributing methamphetamine to undercover law enforcement agents on Feb. 1, 2018, in Lea County, N.M.
During today’s proceedings, Quiroga pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Quiroga admitted that on Feb. 1, 2018, he distributed approximately 112.9 grams of pure methamphetamine to an undercover law enforcement agent.
Quiroga remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the DEA and the Lea County Drug Task Force and is being prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.
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 NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (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.
Florida Man Pleads Guilty to Violating Federal Drug Trafficking and Immigration Laws in New MexicoRead the Press Release
ALBUQUERQUE – Ruben Adrian Rubalcava, 36, of Dunedin, Fla., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking and conspiracy to transport illegal aliens charges.
Rubalcava was arrested in Sept. 2018, and was charged in two separate federal criminal complaints. The first complaint, filed on Sept. 18, 2018, charged Rubalcava with possession of methamphetamine with intent to distribute. The second complaint, filed on Sept. 19, 2018, charged Rubalcava and co-defendant Keith Anthony Cummings, 35, of El Paso, Texas, with conspiracy to transport illegal aliens. Both complaints alleged that Rubalcava committed the crimes in Dona Ana County, N.M.
According to court filings, on Sept. 16, 2018, while responding to a sensor activation during routine patrol, U.S. Border Patrol agents encountered three individuals sitting in a parking lot in Sunland Park, N.M. Subsequent immigration inspections of the individuals established that two of the individuals were aliens illegally present in the United States. The agents arrested the third individual, Cummings, on alien smuggling charges. The agents arrested Rubalcava on alien smuggling charges after he approached them and said the individuals were his friends. During a search incident to arrest, the agents found 408 grams of methamphetamine inside Rubalcava’s backpack.
During today’s proceedings, Rubalcava pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and conspiracy to transport illegal aliens. In entering the guilty plea, Rubalcava admitted conspiring with another individual on Sept. 16, 2018, to drive to Sunland Park with the intention of picking up two illegal aliens who had unlawfully entered the United States. Rubalcava further admitted that the other individual walked the illegal aliens to Rubalcava’s vehicle and while waiting for Rubalcava to return to the vehicle, U.S. Border Patrol agents approached the vehicle and arrested the two illegal aliens and the other individual.
In his plea agreement, Rubalcava admitted that agents approached him while he was walking towards his vehicle and the agents found methamphetamine in his backpack. Rubalcava acknowledged that he intended to deliver the methamphetamine to others within the United States and that he participated in the conspiracy for financial gain.
At sentencing, Rubalcava faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
Cummings pled guilty to conspiring to transport illegal aliens on Oct. 10, 2018, and will remain in custody pending a sentencing hearing, which has yet to be scheduled.
These cases were investigated by the U.S. Border Patrol, the DEA and Homeland Security Investigations and are being prosecuted by Assistant U.S. Attorney Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office.
U.S. Attorney Designates District Election OfficerRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson announced today that Assistant U.S. Attorney (AUSA) Jeremy Peña will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA Peña has been appointed to serve as the District Election Officer (DEO) for the District of New Mexico and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
U.S. Attorney Anderson said, “For our democracy to function as intended, every qualified citizen must have the right to cast a ballot free from interference, discrimination or fraud. In partnership with federal law enforcement, the U.S. Attorney’s Office for the District of New Mexico will be vigilant in ensuring that the right to vote is properly protected.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on Nov. 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Anderson stated that AUSA/DEO Peña will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: (505)224-1451 and (505)269-2038.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at: (505)889-1300.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
U.S. Attorney Anderson said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
Former Member of the U.S. Air Force Arrested on Federal Computer Fraud ChargesRead the Press Release
ALBUQUERQUE – Michael Weber, 22, of Alamogordo, N.M, made his initial appearance this afternoon in federal court in Albuquerque, N.M., on a criminal complaint charging him with a computer fraud offense. Weber remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for tomorrow.
FBI agents arrested Weber early this morning at a residence in Alamogordo. According to the criminal complaint, Weber allegedly placed a program, information, code, or command known as a “spam bot” onto a government-issued cellular phone assigned to Weber’s supervisor on Jan. 16, 2018. The “spam bot” allegedly caused the cellular phone to receive a long string of messages allegedly intended to cause damage to the cellular phone. At the time he allegedly committed the offense, Weber was an Airman with the U.S. Air Force and was stationed at Cannon Air Force Base, N.M.
The statutory penalty for a conviction on the computer fraud offense is a maximum of ten years in federal prison and a $250,000 fine. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Weber ComplaintRoswell Man Sentenced to Five Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Eric J.D. Contreras, 33, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Chaves County Metro Narcotics Task Force (CCMNTF) agents arrested Contreras in Nov. 2017, after finding approximately 100.8 grams of methamphetamine, marijuana and drug paraphernalia, on Contreras and in his vehicle while executing a state search warrant.
Contreras subsequently was indicted on April 18, 2018, and was charged with possession of methamphetamine with intent to distribute and with being a felon in possession of a firearm. According to the indictment, Contreras committed the offenses on Nov. 29, 2017, in Chaves County, N.M. At the time, Contreras was prohibited from possessing firearms or ammunition because of his prior felony convictions for possession of an unregistered firearm made from a shotgun and being a felon in possession of a firearm and ammunition.
On June 19, 2018, Contreras pled guilty to possession of methamphetamine with intent to distribute. In entering the guilty plea, Contreras admitted that on Nov. 29, 2017, CCMNTF agents executed a state search warrant on his vehicle and found methamphetamine concealed in the engine compartment. Contreras admitted that he intended to distribute the methamphetamine to others.
This case was investigated by the DEA and the Chaves County Metro Narcotics Task Force and was prosecuted by Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (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.
Navajo Man from Pinedale Pleads Guilty to Assault on a Federal Officer ChargeRead the Press Release
ALBUQUERQUE – Elvis Lee Tom, 39, an enrolled member of the Navajo Nation who resides in Pinedale, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault on a federal officer charge.
Tom was arrested on April 23, 2018, on a criminal complaint charging him with assault with a dangerous weapon resulting in serious bodily injury. The complaint charged Tom with attacking a tribal officer of the Navajo Nation Division of Public Safety (NNDPS), on April 14, 2018, on the Navajo Indian Reservation by taking a Taser gun away from the officer and using the Taser gun on the officer while attempting to avoid arrest. According to the complaint, after the officer used the Taser gun on Tom, Tom struggled with the officer, gained control of the Taser gun, and deployed the Taser gun on the shoulder of the officer.
Tom was indicted on May 9, 2018, and was charged with assault with a dangerous weapon, a Taser, with intent to do bodily harm and assault resulting in serious bodily injury. The incitement charged Tom with committing the crimes on April 15, 2018, on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Tom pled guilty to a felony information charging him with assaulting a federal officer. In entering the guilty plea, Tom admitted that on April 15, 2018, he assaulted an NNDPS officer while the officer was attempting to arrest him. Tom further admitted that he physically struggled with the officer as he attempted to take the officer’s Taser gun. After gaining control of the Taser gun, Tom admitted using it to stun the officer twice, causing the officer to suffer pain, bruising and abrasions.
At sentencing, Tom faces a statutory maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.
Navajo Man from Fruitland, N.M., Sentenced to Nearly 20 Years in Prison for Conviction on Federal Rape ChargeRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Department of Public Safety (NNDPS) announced that Melvin Russell, a previously convicted sex offender, was sentenced today in federal court in Albuquerque, N.M., to 235 months in prison for his conviction on an aggravated sexual abuse charge. Russell will be on supervised release for ten years after completing his prison sentence. He will also be required to register as a sex offender.
The FBI and NNDPS arrested Russell, 53, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., in July 2014, on a criminal complaint charging him with sexually abusing a Navajo woman on May 20, 2014, on the Navajo Nation in San Juan County, N.M. Russell subsequently was indicted on July 24, 2014, and was charged with aggravated sexual abuse.
Trial on the indictment commenced on May 7, 2018, and concluded on May 11, 2018, when the jury returned a guilty verdict against Russell on the sole count of the indictment.
Testimony at trial established that late in the evening on May 19, 2014, until the early morning of May 20, 2014, Russell forced the victim to engage in sexual intercourse with him by threatening her with a large samurai sword. The victim, a friend, and the friend’s child were at Russell’s residence on the evening of May 19, 2014, where Russell, the victim and the victim’s friend consumed alcohol.
The victim testified that, after the friend and the child went to sleep, Russell became sexually aggressive towards her, while grabbing her around the neck, choking her. The victim testified that Russell then pulled out a large samurai-type sword and threatened to kill her if she did not submit to him. The victim testified that Russell sexually abused her while continuing to strike and choke her. On the morning of May 20, 2014, the victim, the friend, and the child left Russell’s residence, contacted police, and sought medical care for the victim for injuries and trauma caused by the sexual assault.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the NNDPS. Assistant U.S. Attorney’s Joseph M. Spindle and Elisa Dimas prosecuted this case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Colorado Man Sentenced to 154 Months for Federal Bank Robbery and Firearms Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Paul Fichera, 29, of Durango, Colo., was sentenced today in federal court in Albuquerque, N.M., to 154 months in prison followed by three years of supervised release for his conviction on bank robbery and firearms charges.
Fichera was charged in a federal criminal complaint filed on May 12, 2017, with robbing the Four Corners Community Bank located at 1301 West Aztec Blvd., in Aztec, N.M., on May 11, 2017. According to the complaint, Fichera entered the bank wearing a mask, gloves and sunglasses, brandished a firearm, yelled for everyone in the bank to get on the ground, and directed a bank teller to fill his bag with money. Fichera exited the bank after receiving money, entered a vehicle, and attempted to flee from law enforcement by driving into Colorado at a high rate of speed.
Fichera subsequently was indicted on May 24, 2017, and was charged with armed robbery of the Four Corners Community Bank in Aztec and with using and brandishing a firearm during and in relation to a crime of violence on May 11, 2017, in San Juan County, N.M. Fichera pled guilty to the indictment on June 22, 2018, without the benefit of a plea agreement.
This case was investigated by the Farmington office of the FBI and was prosecuted by Assistant U.S. Attorney Howard R. Thomas.
Carlsbad Man Sentenced to 151 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Joaquin Hernandez, 41, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 151 months in prison for his conviction on a methamphetamine trafficking charge. Hernandez will be on supervised release for four years after completing his prison sentence. He also was ordered to forfeit the $11,031 seized from him when he was arrested.
Pecos Valley Drug Task Force (PVDTF) agents arrested Hernandez in Jan. 2018, after finding approximately 222.54 grams of methamphetamine, marijuana, and $11,031 in cash on Hernandez’s person and in his vehicle following the execution of a state search warrant.
On May 18, 2018, Hernandez pled guilty to felony information charging him with possession of methamphetamine with intent to distribute on Jan. 31, 2018, in Eddy County, N.M. Hernandez entered the guilty plea without the benefit of a plea agreement.
This case was investigated by the DEA and the Pecos Valley Drug Task Force and was prosecuted by Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Bureau of Land Management, Eddy County Sheriff’s Office and Carlsbad Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (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 Man Sentenced to 137 Months for Federal Mail Theft, Drug Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Nathan Berke, 38, of Albuquerque, N.M., was sentenced today in federal court to 137 months in prison followed by four years of supervised release for his conviction on drug trafficking, firearms and mail theft charges. The sentence was announced by U.S. Attorney John C. Anderson and Inspector in Charge Melisa Llosa of the Phoenix Division of the U.S. Postal Inspection Service.
Berke and co-defendant Joann Bell, 38, also of Albuquerque, were charged on May 24, 2017, in a 14-count indictment with drug trafficking, firearms, mail theft, bank fraud and aggravated identity theft offenses. Bell pled guilty in Dec. 2017, and on Dec. 5, 2017, a superseding indictment charging Berke individually, was filed.
The 13-count superseding indictment charged Berke with the following offenses: participation in a methamphetamine trafficking conspiracy in July 2016, in Bernalillo County; possession of methamphetamine with intent to distribute on July 28, 2016, in Bernalillo County; using a firearm in furtherance of a drug trafficking crime on July 28, 2016, in Bernalillo County; possession of stolen mail on July 28, 2016, in Bernalillo County; possession of methamphetamine with intent to distribute on Aug. 9, 2016, in San Juan County; being a felon in possession of a firearm on July 28, 2016, in Bernalillo County; possession of stolen mail on Aug. 9, 2016, in San Juan County; and three counts of bank fraud and three counts of aggravated identity theft from July 23, 2016 through July 25, 2016, in New Mexico.
On Sept. 25, 2018, Berke pled guilty to a four-count felony information charging him with conspiracy, two counts of possession of methamphetamine with intent to distribute, and using a firearm in furtherance of a drug trafficking crime. Additionally, Berke pled guilty to Counts 5 through 10 of the superseding indictment charging him with being a felon in possession of a firearm, two counts of possession of stolen mail and three counts of bank fraud.
In entering the guilty plea, Berke admitted the following:
- On July 28, 2016, Berke possessed 100 grams of methamphetamine in Bernalillo County, which he intended to distribute to others, stolen mail, and two loaded firearms. Berke also acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
- On Aug. 9, 2016, Berke possessed approximately 105 grams of methamphetamine in San Juan County, which he intended to distribute to others, and stolen mail.
- Between July 23, 2016 and July 25, 2016, Berke used identity information from stolen mail and counterfeit identifications to pass counterfeit and unauthorized checks in the names of others to purchase gift cards at Albuquerque-area stores, which he then sold to others for cash. Berke also admitted that in this time-period, he attempted to open a membership account at an Albuquerque-area store using a counterfeit check, counterfeit identifications and a drivers’ license in the name of another person.
On Dec. 14, 2017, Bell pled guilty to conspiracy, possessing methamphetamine with intent to distribute, and possessing stolen mail. In entering the guilty plea, Bell admitted that on July 28, 2016, she and another person possessed approximately 100 grams of methamphetamine, which they intended to distribute to others. Bell also admitted that on that same day, she possessed mail that belonged to others that had been stolen from an authorized depository for U.S. mail.
Bell previously had been arrested in Sept. 2016, on a criminal complaint charging her with repeatedly stealing mail from U.S. Postal Service mail collection boxes located outside of U.S. Post Offices in Albuquerque by using a “fishing” device she fed into the mailbox to “fish” mail out. Bell was indicted in this case on Oct. 12, 2016, and was charged with stealing and receiving stolen mail on Sept. 18, 2016 in Bernalillo County. On March 30, 2017, Bell pled guilty to the indictment and admitted using a “fishing” device to pull mail out of USPS collection boxes on Sept. 17 and 18, 2016.
Bell was sentenced in both cases on June 20, 2018, to a total of 60 months in federal prison followed by four years of supervised release.
These cases were investigated by the U.S. Postal Inspection Service with assistance from the DEA and were prosecuted by Assistant U.S. Attorneys Kimberly A. Brawley and Sean J. Sullivan.
Roswell Felon Pleads Guilty to Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Nathan Cole Owens, 36, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to carjacking and firearms charges. Under the terms of his plea agreement, Owens will be sentenced to 100 months in federal prison followed by a period of supervised release to be determined by the court.
Owens, whose prior criminal history includes felony convictions for false imprisonment, aggravated battery against a household member resulting in great bodily harm, aggravated battery against a household member with a deadly weapon, tampering with evidence, and possession of a controlled substance with intent to distribute, is being prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
Owens was arrested on April 5, 2018, on a criminal complaint charging him with being a felon in possession of a firearm on March 14, 2018. According to the complaint, Roswell Police Department (RPD) officers responded to a domestic disturbance call at a cellular phone store in Roswell on March 14, 2018, reporting that an armed felon was in the store. When RPD officers arrived, they found Owens and another individual (victim) who reported that Owens threatened her with a firearm, took the keys to her vehicle, and drove her around Roswell while he engaged in an argument with another person on her cellular telephone. RPD officers subsequently found a firearm loaded with ammunition in the victim’s vehicle when they executed a state search warrant. According to the complaint, Owens had been released from prison on Sept. 24, 2017, after serving a sentence for a prior felony conviction.
Owens was indicted on June 20, 2018, and was charged with carjacking, carrying and brandishing a firearm during and in relation to a crime of violence, and with being a felon in possession of a firearm and ammunition. The indictment charged Owens with committing the offenses on March 14, 2018, in Chaves County, N.M. Owens was prohibited from possessing firearms or ammunition on March 14, 2018, because of his previous felony convictions.
During today’s proceedings, Owens pled guilty to the three-count indictment and admitted that on March 14, 2018, he intentionally took a vehicle from another person while brandishing a firearm, and acknowledged that if the victim had not given him the vehicle, he would have caused the victim to suffer serious bodily injury. Owens further admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Owens remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and explosives and the Roswell Police Department. Assistant U.S. Attorneys Mark A. Saltman and Marisa Ong are prosecuting the case.
Kewa Pueblo Man Sentenced to Prison for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Jose Tenorio, 50, an enrolled member and resident of Kewa Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 63 months in prison followed by five years of supervised release for his conviction on child sexual abuse charges. Tenorio will also be required to register as a sex offender.
Tenorio was arrested on March 21, 2017, on a seven-count indictment charging him with kidnapping and abusive sexual contact offenses. The indictment charged Tenorio with kidnapping a child under the age of 18 (first victim) on May 18, 2016; engaging in abusive sexual contact with the first victim, who was then under the age of 12, two separate times between Jan. 1, 2015 and Jan 31, 2015, and three separate times on May 18, 2016. It also charged Tenorio with engaging in abusive sexual contact with a child between the age of 12 and 16 (second victim), two separate times between Aug. 23, 2006 and Aug. 22, 2007. According to the indictment, Tenorio committed the crimes on Kewa Pueblo in Sandoval County, N.M.
On May 11, 2018, Tenorio pled guilty to two counts of abusive sexual contact. In entering the guilty plea, Tenorio admitted that on May 18, 2016, he engaged in sexual contact with the first victim, who was then under the age of 12. Tenorio also admitted engaging in sexual contact with the second victim, who was then 13 years old, between Aug. 23, 2006 and Aug. 22, 2007. Tenorio previously pled guilty to the same charges in tribal court.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Nicholas J. Marshall 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/.
Bloomfield Woman Sentenced to 92 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Season Smith, 41, of Bloomfield, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 92 months in prison for her conviction on a methamphetamine trafficking charge. Smith will be on supervised release for four years after completing her prison sentence.
Smith and co-defendant Jeffrey Kline, 46, of Farmington, N.M., were charged in a two-count indictment filed on April 11, 2017, with conspiracy and possession of methamphetamine with intent to distribute. The indictment alleged that the defendants committed the offenses on Feb. 10, 2017, in San Juan County, N.M.
On May 30, 2018, Smith pled guilty to possessing methamphetamine with intent to distribute. In entering the guilty plea, Smith admitted that on Feb. 10, 2017, law enforcement officers stopped Kline and Smith while they were traveling from Arizona to New Mexico after they picked up methamphetamine from a source of supply. Smith further admitted that the officers seized approximately 511.7 grams of methamphetamine, 13.6 grams of heroin and drug paraphernalia when they executed a lawful search of her purse.
Kline previously pled guilty on July 26, 2017, to possession of methamphetamine with the intent to distribute, and was sentenced on April 9, 2018, to 120 months in prison followed by six years of supervised release.
The case was investigated by the Farmington office of the FBI and the Farmington Police Department. Assistant U.S. Attorney Eva Fontanez prosecuted the case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
Roswell Woman Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Monica Vega, 36, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison for her conviction on methamphetamine trafficking charges. Vega will be on supervised release for five years after completing her prison sentence.
Vega was arrested on Nov. 17, 2017, on a three-count indictment charging her with methamphetamine trafficking and firearms offenses. The indictment charged Vega with possessing methamphetamine with intent to distribute on April 20, 2017 and Oct. 20, 2017, and possessing a firearm in furtherance of a drug trafficking crime on April 20, 2017. According to the indictment, Vega committed the crimes in Chaves County, N.M.
On June 19, 2018, Vega pled guilty to a two-count felony information charging her with possessing methamphetamine with intent to distribute. In entering the guilty plea, Vega admitted that on April 20, 2017, law enforcement agents seized approximately 57.8 grams of methamphetamine, drug paraphernalia, and $1,083 while executing a search warrant at her residence. Vega also admitted that on Oct. 19, 2017, New Mexico State Police officers seized approximately 33.6 grams of methamphetamine from her when they arrested her on a traffic violation. Vega acknowledged that she planned to distribute the methamphetamine to others for money.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearm and Explosives, Homeland Security Investigations, the Roswell Police Department, New Mexico State Police and the HIDTA Chaves County Metro Narcotics Task Force. Assistant U.S. Attorneys Dustin C. Segovia and John Balla of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (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.
Florida Man Facing Federal Sexual Assault Charge Arising Out of In-Flight Incident While Traveling from Texas to New MexicoRead the Press Release
ALBUQUERQUE – Bruce Michael Alexander, 49, of Tampa, Fla., made his initial appearance this morning in federal court in Albuquerque, N.M., on a criminal complaint charging him with abusive sexual contact. The charge against Alexander arose out of an in-flight incident while traveling on a Southwest Airlines aircraft from Houston, Tex., to Albuquerque, on Oct. 21, 2018. Alexander remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for tomorrow.
The FBI arrested Alexander on an abusive sexual contact charge at the Albuquerque International Sunport on Oct. 21, 2018. According to the criminal complaint in which Alexander is charged, Alexander allegedly had sexual contact with a female passenger while they were on a flight from Houston to Albuquerque. The criminal complaint alleges that the sexual contact consisted of groping the victim, who was seated in the row in front of Alexander, leading the victim to request that flight attendants move her to a different seat.
A conviction on the abusive sexual contact charge carries a maximum penalty of two years of imprisonment and a $250,000 fine. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Jack Burkhead.
Alexander ComplaintRoswell Felon Sentenced to Seven Years for Unlawful Possession of Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Shane Mann, 31, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in prison for violating the federal firearms laws by being a felon in possession of a firearm and ammunition. Mann will be on supervised release for three years after completing his prison sentence.
The Bureau of Alcohol, Tobacco, Firearms and Explosive arrested Mann in Feb. 2018, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on Aug. 9, 2017, in Chaves County, N.M. According to the complaint, law enforcement officers found multiple firearms and ammunition, and drug paraphernalia in Mann’s residence while executing a state search warrant. Mann was prohibited from possessing firearms or ammunition because of his prior felony convictions for shooting from a motor vehicle, aggravated fleeing a law enforcement officer, and possession of a controlled substance.
On May 15, 2018, Mann pled guilty to a felony information charging him with being a felon in possession of a firearm and ammunition. In entering the guilty plea, Mann admitted that on Aug. 9, 2017, law enforcement officers found firearms and ammunition in his residence, including a loaded handgun that was under a pillow in the bed in which Mann was laying, during the execution of the warrant. Mann acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Roswell Police Department and the HIDTA Chaves County Metro Narcotics Task Force. The case was prosecuted by Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (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.
Texas Man Facing Federal Charges Arising Out of In-Flight Incident Resulting in Emergency Landing in New MexicoRead the Press Release
ALBUQUERQUE – Justin Riley Brafford, 29, of Denton, Texas, made his initial appearance this morning in federal court in Albuquerque, N.M., on a criminal complaint charging him with interfering with and intimidating members of a flight crew and flight attendants while on an aircraft, a felony charge, and simple assault, a misdemeanor charge. The charges against Brafford arose out of an in-flight incident requiring an emergency landing at the Albuquerque Sunport on Oct. 16, 2018. Brafford remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for tomorrow.
The FBI arrested Brafford on Oct. 16, 2018, on a criminal complaint setting forth the charges against Brafford. According to the criminal complaint, on Oct. 16, 2018, while on a flight from Los Angeles, Calif., to Dallas, Tex., Brafford’s criminal behavior caused the flight crew to divert the flight to the Albuquerque Sunport.
The criminal complaint alleges that, while the aircraft was en route to Dallas from Los Angeles, Brafford allegedly assaulted a female victim, leading the victim to request that flight attendants move her to a different seat. It alleges that Brafford approached the victim in her new seat, causing her to seek assistance from a flight attendant. When the flight attendant approached Brafford, he allegedly responded in a belligerent manner, which the flight attendant, other flight crewmembers, and passengers found intimidating. The pilot determined it appropriate to divert the aircraft to the Albuquerque Sunport, where the FBI took Brafford into federal custody.
A conviction on the interference and intimidation charge carries a maximum penalty of 20 years of imprisonment and a $250,000 fine, and a conviction on the simple assault charge carries a maximum penalty of a year of imprisonment and a $100,000 fine. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Presiliano Torrez.
Brafford ComplaintNavajo Man from Shiprock Sentenced to Prison for Firearms Offenses, Including Discharging Weapon Near a SchoolRead the Press Release
ALBUQUERQUE – Eric Multine, 33, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 60 months in prison for unlawfully possessing a firearm and ammunition, and discharging a firearm near a school. Multine will be on supervised release for three years after completing his prison sentence.
The FBI arrested Multine on Dec. 26, 2017, on a criminal complaint charging him with being a felon in possession of a firearm on Dec. 20, 2017, on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, officers of the Navajo Nation Division of Public Safety (NNDPS) responded to a shots fired call for service near an elementary school on the Navajo Indian Reservation on Dec. 20, 2017. The NNDPS officers arrested Multine on tribal charges and found a firearm in his pocket incident to the arrest. Multine was federally charged after it was determined that he was prohibited from possessing a firearm or ammunition because of his prior conviction for possessing a firearm during and in relation to a crime of violence.
On March 16, 2018, Multine pled guilty to a two-count felony information charging him with being a felon in possession of a firearm and ammunition and with discharging a firearm in a school zone. In entering the guilty plea, Multine admitted being unlawfully in possession of a firearm and ammunition on Dec. 20, 2017, despite his status as a convicted felon. Multine also admitted discharging the firearm within 1,000 feet of an elementary school.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the NNDPS. Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.
Mescalero Apache Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Timothy Gregg Enjady, 54, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced today in federal court in Las Cruces, N.M., to 18 months in prison for his conviction on an assault charge. Enjady will be on supervised release for two years after completing his prison sentence.
The BIA arrested Enjady in Aug. 2017, on a criminal complaint charging him with assaulting a Mescalero Apache woman on June 7, 2017, on the Mescalero Apache Indian Reservation in Otero County, N.M. According to the complaint, Enjady assaulted the woman by hitting her in the face with his fist, hitting her with an object, and placing his thumb in her eye.
Enjady was indicted on Jan. 17, 2018, and was charged with assault with a dangerous weapon, an aluminum crutch, with intent to do bodily harm.
On May 1, 2018, Enjady pled guilty to the indictment, and admitted that on June 7, 2017, he assaulted the victim by striking her in the face and head with an aluminum crutch. Enjady further admitted that the victim suffered facial contusions, head lacerations, and a corneal abrasion as the result of the assault.
This case was investigated by the Las Cruces office of the FBI and 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.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Las Cruces Man Arrested for High-Speed Flight from U.S. Border Patrol CheckpointRead the Press Release
ALBUQUERQUE – Cody Payton, 25, of Las Cruces, N.M., made his initial appearance today in federal court on a criminal complaint charging him with fleeing from a U.S. Border Patrol checkpoint at a high rate of speed. Payton remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for Oct. 22, 2018.
Border Patrol agents arrested Payton in the early hours of Oct. 15, 2018, after he entered and allegedly fled from the U.S. Border Patrol checkpoint on Interstate 25 in Doña Ana County, N.M. According to the criminal complaint, after Payton drove into the checkpoint, Border Patrol agents directed him to a secondary inspection area based on Payton’s allegedly unusual behavior and hesitant responses while in the checkpoint’s primary inspection area. Payton allegedly disregarded agents’ directions and allegedly drove away from the checkpoint, leading agents in a high-speed pursuit. Agents arrested Payton approximately an hour after he allegedly fled from the immigration checkpoint.
The statutory penalty for a conviction on a high-speed flight from an immigration checkpoint charge is a maximum of five years in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Las Cruces office of the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorney Nicole Hammond of the U.S. Attorney’s Las Cruces Branch Office.
Texas Man Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Robert Isaac Banda, 29, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking offense arising out of the seizure of more than two pounds of methamphetamine at a U.S. Border Patrol checkpoint in southern New Mexico in Aug. 2018.
U.S. Border Patrol agents arrested Banda on Aug. 9, 2018, after seizing approximately 1.16 kilograms (2.56 pounds) of methamphetamine concealed on Banda’s body. According to the complaint, the agents found the methamphetamine after conducting a search on Banda’s person and his vehicle at the U.S. Border Patrol checkpoint on Highway 70 in Alamogordo, N.M.
During today’s proceedings, Banda pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Banda admitted that on Aug. 9, 2018, he entered a U.S. Border Patrol checkpoint in Otero County, N.M., where he consented to a canine search of his vehicle and pulled into the secondary inspection area. Banda admitted that as he got out of his vehicle, the agents noticed a bulge in his pants and subsequently found approximately 1.16 kilograms of methamphetamine concealed on his body. Banda further admitted that he intended to transport the methamphetamine from Mexico to Roswell, N.M., where he intended to distribute the drugs to others.
At sentencing, Banda faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. Banda remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol station in Alamogordo. Assistant U.S. Attorney Mark A. Saltman is prosecuting the case.
Syndicato De Nuevo Mexico Prison Gang Associate Sentenced to 14 Years for Conviction on Racketeering and Assault ChargesRead the Press Release
ALBUQUERQUE – Mauricio Varela, 48, of Silver City, N.M., was sentenced today in federal court in Las Cruces, N.M., to 168 months of imprisonment followed by three years of supervised release for his conviction on racketeering and assault charges.
Varela and his three co-defendants, David Calbert, 42, Robert Martinez, 54, and Mario Rodriguez, 33, were charged with racketeering offenses in a four-count indictment filed in Dec. 2015. The indictment charged the four defendants with participating in a criminal organization known as the Syndicato de Nuevo Mexico (SNM) Prison Gang that engaged in acts of violence and other criminal activities, including murder, kidnapping, attempted murder, conspiracy to manufacture and distribute narcotics, and firearms trafficking. The indictment alleged that the defendants were members and associates of the SNM Prison Gang, a statewide gang operating in New Mexico prisons and in communities throughout the state. According to the indictment, the SNM Prison Gang was formed in the early 1980s at the Penitentiary of New Mexico after the prison riot in Feb. 1980, and expanded throughout the New Mexico penal system. The indictment alleged that gang members and associates are expected to remain loyal to the Gang and work to further its objectives after they have completed their prison sentences and those who do not are subject to violent forms of discipline. According to the indictment, significant goals of the SNM Prison Gang included controlling and profiting from drug trafficking both within and outside the penal system; intimidating and influencing other gangs for the purpose of expanding the network for its illegal activities; and engaging in violence to assert its gang identity and protect its territory.
The indictment charged Varela and Calbert with conspiring to murder an individual referred to as P.S. in March 2011, and with assaulting P.S. with a deadly weapon on March 14, 2011. It also charged Martinez and Rodriguez with conspiring to murder an individual referred to as A.S., in June 2011, and with assaulting A.S. resulting in serious bodily injury on June 24, 2011. The indictment charged the four defendants with committing the offenses in Santa Fe County, N.M.
On Oct. 19, 2017, Varela pled guilty to assault with a dangerous weapon in aid of the racketeering enterprise. In entering the guilty plea, Varela admitted that in 2000, while incarcerated in the New Mexico Department of Corrections, he became a member of the SNM Prison Gang and thus became engaged in racketeering activity. Varela further admitted that in March 2011, he and another SNM Prison Gang member assaulted P.S. by hitting and holding P.S. while the other SNM member stabbed P.S. with a dangerous weapon, which resulted in serious bodily injury to P.S. Varela acknowledged committing this assault because of his SNM membership and to increase his status within the Prison Gang.
Varela’s three co-defendants have previously entered guilty pleas and are awaiting sentencing.
This case was investigated by Albuquerque Division of the FBI with assistance from the New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correctional Center, Albuquerque Police Department, U.S. Marshals Service, and the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI Divisions. Assistant U.S. Attorneys of the U.S. Attorney’s Office for the District of New Mexico are prosecuting the case.
Farmington Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – David Dobbs, 28, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by being in possession of a firearm during and in relation to a drug trafficking crime.
Dobbs was arrested in Aug. 2018, on an indictment charging him with cocaine trafficking and firearms offenses. According to the indictment, Dobbs distributed cocaine on Nov. 9, 2017, Dec. 7, 2017 and Feb. 7, 2018; possessed cocaine with intent to distribute on Feb. 26, 2018; and possessed a firearm during and in relation to a drug trafficking crime on Feb. 26, 2018. The indictment charged Dobbs with committing the crimes in San Juan County, N.M.
During today’s proceedings, Dobbs pled guilty to possessing a firearm during and in relation to a drug trafficking crime. In entering the guilty plea, Dobbs admitted that on Feb. 26, 2018, law enforcement officials found approximately 1011 grams of cocaine and a firearm in his vehicle during a traffic stop. Dobbs acknowledged that he intended to distribute the cocaine to others and that he possessed the firearm to protect himself and the drugs associated with his drug trafficking activities.
At sentencing, Dobbs faces a mandatory minimum penalty of five years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the HIDTA Region II Task Force and is being prosecuted by Assistant U.S. Attorney Allison Jaros.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (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.
Founder and Former Administrator of Public Charter Schools in Albuquerque Sentenced to 60 Months for Conviction on Federal Theft, Fraud and False Statements ChargesRead the Press Release
ALBUQUERQUE – Senior U.S. District Judge James A. Parker today sentenced David Scott Glasrud, 51, the former administrator of Southwest Learning Centers in Albuquerque, N.M., to 60 months of imprisonment for his conviction on federal theft, fraud and false statement charges arising out of a nearly 15-year scheme to defraud the public charter schools he founded out of millions of dollars. Glasrud was ordered to serve a three-year term of supervised release after completing his prison sentence. Judge Parker also ordered Glasrud to pay $3 million in restitution to the victims of his crimes.
U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the Albuquerque Division of the FBI announced Glasrud’s sentence, which was imposed based on a guilty plea entered by Glasrud on Oct. 25, 2017. Glasrud entered the guilty plea to a nine-count felony information charging him with two counts of theft from programs receiving federal funds, three counts of wire fraud, two counts of mail fraud, and two counts of making false statements.
According to the felony information, Glasrud established the public charter school, Southwest Secondary Learning Center, in Albuquerque in Dec. 1999, and later established three other public charter schools in Albuquerque: Southwest Primary Learning Center, Southwest Intermediate Learning Center, and Southwest Aeronautics, Mathematics & Science Academy. The four schools collectively are known as the Southwest Learning Center Schools (Charter Schools) and operate with public funds, including federal funds.
Glasrud served as the Head Administrator for, and exercised financial oversight over, the Charter Schools until Aug. 2014. As the Head Administrator and an employee of the Charter Schools, Glasrud had a duty to use his best efforts on behalf of the Charter Schools in all matters of trust and confidence, and not to act for his own benefit at the expense of the Charter Schools. In his plea agreement, Glasrud admitted violating this duty of trust repeatedly over the course of 15 years by engaging in an ongoing series of schemes to defraud the Charter Schools for his personal benefit. Glasrud also acknowledged making false statements to FBI Special Agents who were investigating his criminal conduct.
The felony information charged, and Glasrud admitted, that from Nov. 2000, Glasrud was doing business in his personal capacity as Southwest Educational Consultants, which he incorporated as Southwest Educational Consultants, Inc. (SEC) in March 2002. Glasrud served as SEC’s registered agent, director and President, and his personal expenses were paid out of an SEC bank account. Glasrud used SEC to facilitate his schemes to defraud the Charter Schools.
For example, from Nov. 2000 through Aug. 2014, Glasrud devised and executed a scheme to defraud that involved leasing a building at 9904 Montgomery Blvd. NE (Building) in Albuquerque to one of the Charter Schools (Charter School 1) by misrepresenting, concealing and omitting material facts from Charter School 1, and by breaching duties that he owed to Charter School 1. In Nov. 2000, while doing business as SEC, Glasrud leased the entire Building. Days later, on Dec. 1, 2000, still acting as SEC, he subleased the Building to Charter School 1 for twice the rent that SEC was paying and without disclosing this material information to Charter School 1. As part of his scheme, by 2007, Glasrud had arranged for SEC to sublease a majority of the square footage of the Building to another tenant, with whom Glasrud had a close familial relationship.
Glasrud admitted that as part of his fraudulent scheme, Charter School 1 paid more than double the rent that SEC paid to lease the entire Building, but occupied less than half the Building. Glasrud also admitted causing Charter School 1 to pay SEC approximately four to five times as much as the other tenant for use of less than half of the Building it was sharing. When the New Mexico Public Education Department (PED) raised concerns about Charter School 1’s sublease, Glasrud caused a school representative to misrepresent to PED and the school board the amount of profit that SEC was realizing off the sublease. In his plea agreement, Glasrud admitted that SEC, his personally owned business, made more than $700,000 in profits as the result of this scheme.
In entering his guilty plea, Glasrud also acknowledged devising and executing a series of other schemes to defraud the Charter Schools. In pleading guilty to one of the three wire fraud charges, Glasrud admitted that in Feb. 2004, he and SEC created a bogus business called Media Learning Solutions (MLS) with an “office” address at a mail drop in Las Vegas, NV. Thereafter, Glasrud caused the Charter Schools to pay capital outlay money to MLS based on fraudulent proposals and invoices. Most of the money MLS received from the Charter Schools was not spent on the items for which it was intended or for the benefit of the Charter Schools, and instead was used for Glasrud’s personal benefit. For example, in 2009 and 2010, the Charter Schools paid MLS approximately $265,000, which Glasrud expended as follows: $199,000 to pay down his personal line of credit; $50,000 transferred into his personal bank account; $12,000 for personal items; and $4,000 spent at a casino in Las Vegas, NV.
Another of Glasrud’s fraudulent schemes began in Dec. 2002 and continued until Aug. 2014, and involved Charter School 1’s Extended Learning Program (ELP). The ELP offered students the opportunity to earn school credits using online, computer-based courses. Students paid to receive official school credit from Charter School 1, and Glasrud diverted almost all of the payments into an SEC bank account he controlled. Glasrud admitted that from 2007 to 2014, more than $1,000,000 in payments for the ELP that should have gone to Charter School 1 was deposited into a bank account for SEC, Glasrud’s personal business.
These three schemes are examples of the fraudulent schemes that Glasrud perpetuated over the 15-year period during which he served as the Head Administrator of the Charter Schools and by which he betrayed the trust and confidence placed in him. Glasrud admitted devising and executing each of these three schemes as well as the other schemes described in the felony information and the plea agreement when he entered his guilty plea this morning.
The case was investigated by the Albuquerque Division of the FBI with the assistance of the U.S. Department of Education, Office of Inspector General. Assistant U.S. Attorneys Fred J. Federici and Holland S. Kastrin prosecuted the case.
Silver City Felon Pleads Guilty to Unlawfully Possessing FirearmsRead the Press Release
ALBUQUERQUE – Michael Scott Freeman, 42, of Silver City, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing a firearm. The firearms at issue allegedly were stolen during a home burglary in Grant County, N.M., in Aug. 2017.
The FBI arrested Freeman on May 31, 2018, on a criminal complaint charging him with being a felon in possession of firearms in Grant County. According to the criminal complaint, the Grant County Sheriff’s Office (GCSO) responded to a home burglary in Aug. 2017, during which a number of firearms were stolen from a large gun safe. In Oct. 2017, an individual reported purchasing two firearms and additional cylinders from Freeman. The individual subsequently surrendered the firearms and cylinders to the GCSO, suspecting that the firearms and cylinders were stolen. The serial numbers and descriptions of the firearms matched the serial numbers and descriptions of two of the firearms allegedly stolen during the Aug. 2017 home burglary.
Freeman subsequently was indicted on Aug. 22, 2018, and was charged with being a felon in possession of a firearm in Grant County. According to the indictment. Freeman was prohibited from possessing firearms or ammunition between Aug. 2017 and Oct. 2017, because of his prior convictions for unlawful taking of a motor vehicle, escape, and use of a phone to terrify, intimidate or threaten.
During today’s proceedings, Freeman pled guilty to the indictment and admitted that between Aug. 19, 2017, and Oct. 31, 2017, he possessed and sold two handguns and multiple extra cylinders to another individual in Grant County. Freeman acknowledged that he was prohibited from possessing any firearms or ammunition because of his status as a convicted felon.
At sentencing, Freeman faces a maximum penalty of ten years in federal prison. Freeman remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Grant County Sheriff’s Office with assistance from the Silver City Police Department, New Mexico State Police and the 6th Judicial District Attorney’s Office. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.
Roswell Man Pleads Guilty to Being a Felon and Drug Addict Unlawfully in Possession of ExplosivesRead the Press Release
ALBUQUERQUE – Jeffrey Blake Vanover, 53, of Roswell, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to unlawfully possessing explosives. Vanover entered his guilty plea without the benefit of a plea agreement.
Vanover was arrested on April 7, 2018, on an indictment charging him with being a prohibited person in possession of explosives on Feb. 12, 2017, in Chaves County, N.M. According to the indictment, Vanover was prohibited from possessing explosives because he was an unlawful drug user and addict and because he was a convicted felon. The indictment stated that Vanover had prior felony convictions for distribution of methamphetamine, conspiracy to distribute methamphetamine, and commercial burglary.
At sentencing, Vanover faces a maximum penalty of ten years. A sentencing hearing has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the HIDTA Chaves County Metro Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (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.
Hobbs Man Pleads Guilty to Violating Federal Drug Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Robert Pena, 38, of Hobbs, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal drug trafficking and firearms laws. Pena’s plea agreement recommends a prison sentence of 15 years followed by a term of supervised release to be determined by the court.
Pena was charged with federal drug trafficking and firearms offenses in a federal criminal complaint filed on April 26, 2018, and was arrested on May 8, 2018, after he was transferred from state custody to federal custody. According to the criminal complaint, Hobbs Police Department (HPD) officers arrested Pena in Jan. 2018, after finding a firearm and ammunition, approximately 152 grams (5.3 ounces) of methamphetamine, a small amount of cocaine and marijuana, and drug paraphernalia in Pena’s vehicle while executing a search warrant following a routine traffic stop.
A federal grand jury indicted Pena on July 18, 2018, and charged him with possession of methamphetamine with intent to distribute and possession of a firearm during and in relation to a drug trafficking crime. According to the indictment, Pena committed the offenses on Jan. 25, 2018, in Lea County, N.M.
During today’s proceedings, Pena pled guilty to the indictment and admitted that HPD officers stopped him on Jan. 25, 2018, because of a brake light malfunction on his vehicle, and during a canine sniff search, the narcotics canine alerted to the presence of drugs in his vehicle. Pena further admitted that the HPD officers subsequently found approximately 146.3 grams of pure methamphetamine and a loaded firearm in his vehicle during the execution of a search warrant. Pena admitted that he intended to distribute the methamphetamine to others in exchange for money, and that he carried the loaded firearm to protect himself and the drugs in furtherance of his drug trafficking activities.
Pena has been in custody since his state arrest in Jan. 2018, and will remain in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the DEA, the Hobbs Police Department, and the Lea County Drug Task Force with assistance from the 5th Judicial District Attorney’s Office. Special Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
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 NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (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 Man Pleads Guilty to Federal Bank Robbery and Firearms ChargesRead the Press Release
ALBUQUERQUE – Gabriel Stephens, 37, of Albuquerque, N.M., pled guilty today in federal court to bank robbery and firearms charges.
The FBI, with assistance from the Rio Rancho Police Department, arrested Stephens in Feb. 2018, on a criminal complaint charging him with robbing the Mountain America Credit Union located at 9200 Golf Course Rd. NW in Albuquerque on Feb. 7, 2018, and the Rio Grande Credit Union located at 1526 Unser Blvd., in Rio Rancho, N.M., on Feb. 17, 2018. During both robberies, Stephens gave bank tellers a note demanding money and the bank tellers responded by placing money into Stephens’ backpack. During the Feb. 7, 2018, bank robbery, Stephens motioned as though he was holding a firearm inside his backpack, and during the Feb. 17, 2018, bank robbery he showed the bank teller a firearm located inside his backpack.
Stephens was indicted on March 13, 2018, and was charged with armed bank robbery and with using and carrying a firearm during and in relation to a crime of violence. The indictment was superseded on April 24, 2018, and charged Stephens with bank robbery of the Mountain America Credit Union on Feb. 7, 2018, in Bernalillo County, N.M.; armed bank robbery of the Rio Grande Credit Union on Feb. 17, 2018, in Sandoval County, N.M.; and using and carrying a firearm during and in relation to a crime of violence on Feb. 17, 2018, in Sandoval County.
During today’s proceedings, Stephens pled guilty to armed bank robbery and using and carrying a firearm during and in relation to a crime of violence. In entering the guilty plea, Stephens admitted that on Feb. 17, 2018, he entered the Rio Grande Credit Union and gave the teller a note, which demanded money. Stephens further admitted that as the teller was handing him money, Stephens opened his bag so the teller could see the firearm that was inside the bag.
At sentencing, Stephens faces a maximum penalty of 25 years in federal prison on the armed bank robbery charge and a mandatory minimum penalty of five years in federal prison for using and carrying a firearm during and in relation to a crime of violence, which must be served consecutive to the sentence imposed on the bank robbery charge. Stephens remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Rio Rancho Police Department. Assistant U.S. Attorney James D. Tierney is prosecuting the case.
Illinois Man Sentenced to Prison for Federal Cocaine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Javece Lyndale Wilson, 38, of Maywood, Ill., was sentenced today in federal court in Albuquerque, N.M., to 60 months in prison for his conviction on a cocaine trafficking charge. Wilson will be on supervised release for four years after completing his prison sentence.
The DEA arrested Wilson in Dec. 2017, after seizing approximately 550 grams of cocaine from his luggage during an interdiction investigation on Dec. 11, 2017, in Albuquerque. Wilson was indicted on Dec. 20, 2017, and was charged with possession of cocaine with intent to distribute on Dec. 11, 2017, in Bernalillo County, N.M.
On April 20, 2018, Wilson pled guilty to the indictment and admitted possessing more than 500 grams of cocaine concealed in his luggage while traveling through Albuquerque on Dec. 11, 2017. Wilson further admitted that he was transporting the cocaine with the intent to distribute the cocaine to other individuals.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Eva Fontanez.
Roswell Man Charged with Using Interstate Communications to Threaten to Injure an IndividualRead the Press Release
ALBUQUERQUE – A U.S. Magistrate Judge sitting in Las Cruces, N.M., today ordered that Kory Dwayne Adams, 35, of Roswell, N.M., remain in custody pending trial on charges of using interstate communications to threaten to injure another individual. Trial has yet to be scheduled.
The FBI arrested Kory Adams on Sept. 28, 2018, for allegedly posting a message on social media which threatened to injure an individual. According to the complaint, Kory Adams’ brother, Dain Justin Adams, 37, also of Roswell, was arrested on Sept. 19, 2018, on a federal criminal complaint alleging child pornography offenses. On Sept. 25, 2018, the FBI received information that a social media account allegedly belonging to Kory Adams had posted a threatening communication directed at a particular individual and the threat allegedly appeared to have been related to Dain Adams’ child pornography charges.
If convicted of the charges in the criminal complaint, Kory Adams faces a statutory maximum penalty of five years in prison. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Roswell office of the FBI and is being prosecuted by Assistant U.S. Attorneys Dustin Segovia and Marisa A. Ong.
Roswell Man Charged with Federal Methamphetamine Trafficking OffenseRead the Press Release
ALBUQUERQUE – A U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Alfonso Vazquez, 31, of Roswell, N.M., with a methamphetamine trafficking offense. The charge arises from the distribution of approximately 56.5 grams of methamphetamine to an undercover law enforcement agent. Vazquez was remanded into custody pending trial, which has yet to be scheduled.
According to the criminal complaint, Vazquez distributed approximately 56.5 grams of methamphetamine to an undercover agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on Aug. 10, 2018, in Chaves County, N.M.
The penalty for a conviction on the offense charged in the criminal complaint is a statutory minimum penalty of five years and a maximum of 40 years in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Las Cruces offices of the ATF, DEA and Homeland Security Investigations and the HIDTA Chaves County Metro Narcotics Task Force. Assistant U.S. Attorney Sarah M. Davenport is prosecuting the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (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.
Eddy County Woman Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Stephanie Murray, 30, of Loving, N.M., was sentenced today in federal court in Las Cruces, N.M., to 41 months in prison for her conviction on narcotics trafficking charges arising out of the sale of methamphetamine to an undercover law enforcement agent. Murray will be on supervised release for three years after completing her prison sentence.
Murray and her co-defendants, Jimmy Myers, 24, of Lockhart, Texas, and Jesus Sanchez, 31, of Carlsbad, N.M., were charged with methamphetamine trafficking offenses in an indictment filed on Dec. 13, 2017. The three-count indictment charged Murray, Myers and Sanchez with participating in a methamphetamine trafficking conspiracy and distributing methamphetamine on April 28, 2017. It also charged Myers with distributing methamphetamine on May 18, 2017. According to the indictment, the defendants committed the crimes in Eddy County, N.M.
On June 7, 2018, Murray pled guilty to conspiracy and distributing methamphetamine. In entering the guilty plea, Murray admitted that on April 28, 2017, she provided methamphetamine to an individual who then distributed the methamphetamine to an undercover law enforcement agent.
Myers previously entered a guilty plea on May 8, 2018, and faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison at sentencing. Myers is scheduled to be sentenced on Oct. 10, 2018. Sanchez entered a guilty plea on June 12, 2018, and faces a maximum of 30 years in federal prison at sentencing. Sanchez remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Special Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Las Cruces Felon Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Edward Hartley, 37, of Las Cruces, N.M., pled guilty today in federal court to violating the federal firearms laws by being a felon in possession of firearms and ammunition.
Hartley was arrested on June 27, 2018, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on June 8, 2018, in Dona Ana County, N.M. According to the complaint, Las Cruces Police Department (LCPD) officers responded to a weapons call at a residence in Las Cruces that an individual allegedly pointed a gun at a female and a child. When the LCPD officers arrived at the scene, they observed Hartley walking down the street, and after seeing the LCPD officers, Hartley attempted to flee the area and was seen throwing a firearm into the front yard of a residence. Officers subsequently located a handgun magazine loaded with ammunition and a loaded firearm in front yards near the area where Hartley was running.
According to the criminal complaint, Hartley, who was then under state indictment for being a felon in possession of a firearm or destructive device, had multiple prior felony convictions including convictions for second degree murder, drug trafficking, conspiracy to commit drug trafficking, possession of a firearm or destructive device by a felon, and possession of drug paraphernalia. He was prohibited from possessing firearms or ammunition because of his prior felony convictions.
During today’s change of plea hearing, Hartley pled guilty to a felony information charging him with being a felon in possession of a firearm and ammunition. In entering the guilty plea, Hartley admitted that on June 8, 2018, he fled from LCPD officers, and during his flight, discarded a firearm. Hartley acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
At sentencing, Hartley faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Las Cruces Police Department. Assistant U.S. Attorney Luis A. Martinez is prosecuting the case.
Eighth Member of Southeastern New Mexico Drug Trafficking Organization Pleads Guilty to Drug Trafficking and Firearms OffensesRead the Press Release
ALBUQUERQUE – Robert C. Ponce, 43, of Carlsbad, N.M., pled guilty today in federal court in Las Cruces, N.M., to drug trafficking and firearms offenses. Ponce is the eighth of the ten defendants charged as the result of a multi-agency investigation into a criminal organization that was trafficking large quantities of methamphetamine and firearms in southeastern New Mexico to plead guilty.
The investigation initiated by the DEA, ATF and the HIDTA Region VI Pecos Valley Drug Task Force and initially targeted a methamphetamine trafficking organization operating in southeastern New Mexico that was supplied by Daniel P. Bruton, 39, of Artesia, N.M., and Marcos A. Martinez, 31, of Roswell, N.M. The investigative team quickly expanded to include HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office, and the investigative targets expanded to include other drug traffickers in Eddy and Chaves Counties. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a 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. During the investigation, law enforcement authorities seized more than 2.5 kilograms of methamphetamine and 44 firearms.
Ponce, Bruton and Martinez were charged along with seven other co-defendants in a 34-count indictment filed on Oct. 3, 2017. The indictment alleged that Martinez, Bruton and their co-defendants conspired to violate the federal narcotics trafficking and firearms laws from May 2017 through Oct. 2017 in Eddy and Chaves Counties and elsewhere in New Mexico. The indictment includes 55 overt acts that discussed the conspiracy’s operations, including the quantities of methamphetamine, ranging from multiple ounces to five pounds, allegedly distributed by the defendants on a routine basis. It also describes the firearms, including assault rifles that allegedly were to be smuggled into Mexico, allegedly used by the defendants in relation to their drug trafficking activities.
During today’s proceedings, Ponce pled guilty to conspiracy, use of a communication facility to further the commission of a drug trafficking crime, possession of methamphetamine with intent to distribute and being a felon in possession of a firearm. In entering the guilty plea, Ponce admitted that during July 2017, he conspired with his co-defendants to distribute methamphetamine in Eddy County. Ponce further admitted that on July 28, 2017, he was in possession of approximately two ounces of methamphetamine and a loaded firearm located in his vehicle when he fled from law enforcement officers. Ponce admitted that if the methamphetamine had not been seized by law enforcement, it was his intention to distribute the methamphetamine to other individuals. Ponce acknowledged that he was prohibited from possessing firearms or ammunition in July 2017, because of his prior felony convictions for possession of a controlled substance, being a felon in possession of a firearm, aggravated assault with a deadly weapon and forgery.
At sentencing, Ponce faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison.
Seven of Ponce’s co-defendants have entered guilty pleas and three have been sentenced: Chelcy A. Vasquez, 26, of Dexter, N.M., pled guilty on Feb. 5, 2018, and was sentenced on July 18, 2018; Erick L. Miranda-Santos, 22, of Artesia pled guilty on April 5, 2018, and was sentenced on Sept. 18, 2018; Kenneth R. Dickerson, 57, of Carlsbad, pled guilty on June 27, 2018, and was sentenced on Sept. 6, 2018; Isela Hernandez, 27, of Roswell pled guilty on April 16, 2018; Martinez pled guilty on June 14, 2018; Linda M. Watts, 28, of Carlsbad pled guilty on June 20, 2018; and Burton pled guilty on July 6, 2018.
Sentencing hearings for Ponce, Burton, Martinez, Watts and Hernandez have yet to be scheduled.
Two co-defendants, Jerry O. Twaddle, 38, and Ethan G. Watts, 28, both of Carlsbad, have entered pleas of not guilty to the charges against them. Charges in indictments and criminal complaints are only accusations. Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
These cases were investigated by the DEA, ATF, HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the HIDTA Region VI Pecos Valley Drug Task Force, the HIDTA Region VI Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office. Assistant U.S. Attorneys Clara N. Cobos and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases filed as the result of the investigation.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (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 Man Pleads Guilty to Federal Heroin and Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – John Hanrahan, 57, of Albuquerque, N.M., pled guilty today in federal court to heroin and methamphetamine trafficking charges without the benefit of a plea agreement. At sentencing, Hanrahan faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. However, if the court determines that Hanrahan is a career offender, he faces a prison sentence within the range of 30 years to a maximum of life imprisonment.
Hanrahan, whose prior criminal history includes felony convictions for conspiracy, armed robbery, conspiracy to commit fraudulent use of credit cards, aggravated battery on a police officer, and aggravated assault with a deadly weapon, is being prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
DEA agents arrested Hanrahan in March 2016, when they executed a state search warrant at his residence and seized approximately 1961 grams of heroin, 128 grams of methamphetamine and more than $15,000 in cash.
Hanrahan subsequently was indicted on April 12, 2016, and was charged with possession of heroin and methamphetamine with intent to distribute. According to the indictment, Hanrahan committed the offenses on March 17, 2016, in Bernalillo County, N.M.
Hanrahan has been in federal custody since his arrest and remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque offices of the DEA and FBI. Assistant U.S. Attorneys Kristopher N. Houghton and Alexander M. Uballez are prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Zuni Pueblo Man Sentenced to Ten Years for 2nd Degree Murder ConvictionRead the Press Release
ALBUQUERQUE – Patrick Walela, 33, a member and resident of Zuni Pueblo, N.M., was sentenced today to 120 months in prison for his conviction on a second-degree murder charge in federal court in Albuquerque, N.M. Walela will be on supervised release for three years after completing his prison sentence.
The FBI arrested Walela on Dec. 29, 2017, on a criminal complaint charging him with second degree murder and assault resulting in serious bodily injury. The complaint alleged that Walela killed a 45-year-old Zuni Pueblo man and seriously injured a 52-year-old Zuni Pueblo man on Dec. 20, 2017, when he caused a single motor vehicle crash in Zuni Pueblo on Dec. 20, 2017. According to the complaint, Walela was intoxicated while driving the vehicle in which the two victims were passengers at an excessive rate of speed. Information extracted from his vehicle’s event data recorder indicated that his vehicle was traveling at speeds between 86 and 97 miles per hour in the seconds leading up to the crash.
Walela was indicted in April 2018 and was charged with second degree murder and assault resulting in serious bodily injury. The indictment charged Walela with committing the crimes on Dec. 20, 2017 in McKinley County, N.M.
On June 21, 2018, Walela pled guilty to the second-degree murder charge. In entering the guilty plea, Walela admitted killing the victim with malice aforethought. Walela admitted consuming alcohol to the point that he could not operate a vehicle safely, and that he drove a vehicle even though he previously had been convicted of three DUI-related offenses in Zuni Tribal Court and had completed both a “victim impact panel” and “first offender” program informing him of the dangers of drinking and driving. Walela admitted that at the time of the crash, he drove the vehicle in excess of the speed limit and lost control of the vehicle and the victim died as the result of injuries he sustained in the crash.
This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department. Assistant U.S. Attorneys Michael D. Murphy prosecuted the case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.
Taos County Man Pleads Guilty to Theft and Destruction of U.S. Government Property ChargesRead the Press Release
ALBUQUERQUE – John Vaughn Rohan, 38, of Taos County, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to theft and destruction of U.S. Government property charges.
Rohan and his co-defendant, Joey Angelo Cruz, 38, of Trampas, N.M., were charged in a six-count indictment filed on Jan. 11, 2018, with three counts of theft of government property and three counts of destruction of government property. The indictment alleged that the defendants committed the offenses by breaking and entering into the Pilar Maintenance Storage Yard, which was maintained by the Bureau of Land Management in Taos County, on Nov. 23, 2016, March 12, 2017, and March 26, 2017. It further alleges that on each date, the defendants stole property valued in excess of $1,000, and destroyed property belonging to the United States.
During yesterday’s change of plea hearing, Rohan pled guilty to one count of theft from the United States and one count of destruction of U.S. property. In entering the guilty plea, Rohan admitted that on March 26, 2017, he broke into a storage container and stole more than $1,000 worth of equipment with the intention of selling the equipment for money. Rohan acknowledged that he later learned that the Bureau of Land Management owns the land he broke into and owned the property he stole.
At sentencing, Rohan faces a statutory maximum penalty of ten years in federal prison and a fine up to $250,000. A sentencing hearing has yet to be scheduled.
Cruz has entered a plea of not guilty to the charges against him. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Bureau of Land Management and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Former Supervisory U.S. Border Patrol Agent Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Jason Christopher Davis, 46, of Las Cruces, N.M., pled guilty today in federal court to a child pornography charge. Davis entered the guilty plea under a plea agreement that recommends a 15-year prison sentence followed by 20 years of supervised release. Davis will also be required to register as a sex offender
Davis was arrested in May 2018, on a criminal complaint charging him with receiving child pornography in April 2018, in Dona Ana County, N.M. According to the complaint, the Las Cruces Police Department executed a search warrant on an email account subscribed to Davis that was used to upload a video file containing child pornography. The complaint further stated that on May 15, 2018, Homeland Security Investigations and the Las Cruces Police Department seized numerous items including digital media containing child pornography while executing a state search warrant at Davis’ residence. At the time of these events, Davis was employed as a Supervisory U.S. Border Patrol Agent.
During today’s proceedings, Davis pled guilty to a felony information charging him with production of a visual depiction of a minor engaged in sexually explicit conduct. In entering the guilty plea, Davis admitted that on May 17, 2015, he produced a child pornography video of a five-year-old minor child and uploaded the video onto his laptop computer.
Davis has been in federal custody since his arrest and will remain detained pending a sentencing hearing, which has yet to be scheduled.
The case was investigated by the Las Cruces office of HSI, the Office of Inspector General of the U.S. Department of Homeland Security, and the Las Cruces Police Department with assistance from the Office of Professional Responsibility of the U.S. Customs and Border Protection, the Management Inquiry Team of the U.S. Border Patrol, the FBI, and the New Mexico Attorney General’s Office.
Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437, or to contact Homeland Security Investigations at 1-866-DHS-2-ICE.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Peter John Zayas Sentenced to 15 Years for Conviction on Child Abuse Resulting in Great Bodily Harm Charge that Resulted in the Death of his Two-Month InfantRead the Press Release
ALBUQUERQUE – Senior U.S. District Judge Robert C. Brack sentenced Peter John Zayas, 33, this afternoon in federal court in Las Cruces, N.M., to 15 years of imprisonment followed by five years of supervised release for his conviction on a child abuse resulting in great bodily harm charge. Peter Zayas’ conviction arose out of conduct occurring between Aug. 2007 and Oct. 2007, resulting in the death of his two-month-old daughter. Judge Brack sentenced Peter Zayas based on a guilty plea entered on Feb. 19, 2014. Judge Brack sentenced Sophia Zayas, Peter Zayas’ wife, on Sept. 27, 2018, to 15 years of imprisonment followed by five years of supervised release for her conviction for child abuse resulting in great bodily harm and death.
U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division, and Special Agent in Charge Nicholas J. Dorval of the Air Force Office of Special Investigations, Detachment 814, announced Peter Zayas’ sentence.
The FBI and the Air Force Office of Special Investigations arrested Peter Zayas and his wife Sophia Monique Zayas, 36, in April 2012 on charges that between Oct. 21, 2007 and Oct. 22, 2007, the couple caused the death of their two-month-old infant daughter. In Nov. 2012, a 16-count superseding indictment was filed charging the couple with second-degree murder, child abuse resulting in death, child abuse resulting in great bodily harm, and other child abuse-related offenses. At the time of the offenses alleged in the superseding indictment, Peter Zayas was a sergeant with the U.S. Air Force and was stationed at Holloman Air Force Base.
Peter Zayas pleaded guilty to negligent child abuse on Feb. 19, 2014. In his plea agreement, Peter Zayas admitted that from Aug. 16, 2007 through Oct. 22, 2007, he permitted his infant to be in a situation that endangered her life knowing that there was a foreseeable risk that she would be physically harmed or killed by leaving her in Sophia Zayas’ care knowing that Sophia Zayas had a history of alcohol abuse. Peter Zayas acknowledged that the infant died on Oct. 22, 2007, as a result of his negligence because it was foreseeable to him that leaving the infant in Sophia Zayas’ care could lead to harm given her alcohol consumption and binge drinking during the Oct. 14, 2007 through Oct. 22, 2007.
On Feb. 24, 2014, Sophia Zayas pleaded guilty to child abuse resulting in great bodily harm and admitted that from Aug. 16, 2007 through Oct. 22, 2007, she placed her daughter in a situation, which endangered the infant’s life. In her plea agreement, Sophia Zayas admitted that the infant suffered posterior transverse skull fractures, rib fractures, and radius and ulna fractures as a result of her conduct. The infant died of her injuries on Oct. 22, 2007.
This case was investigated by the FBI and the Air Force Office of Special Investigations and was prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and John A. Balla of the U.S. Attorney’s Las Cruces Branch Office.
Navajo Man from McKinley County Pleads Guilty to Federal Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Wesley Lawless, 41, an enrolled member of the Navajo Nation who resides in Tohatchi, N.M., pled guilty yesterday in federal court to sexual abuse charges. Lawless’ plea agreement recommends that he be sentenced to a term of imprisonment within the range of 17 to 20 years followed by a term of supervised release to be determined by the court. Lawless will also be required to register as a sex offender.
Lawless and his co-defendants, John B. Henry, 50, an enrolled member of the Navajo Nation who resides in Albuquerque, and Robert Henry Jr., 52, an enrolled member of the Navajo Nation who resides in Mexican Springs, N.M., were charged in a 12-count indictment filed on June 15, 2016. The co-defendants were charged with two counts of kidnapping, two counts of conspiracy to commit a kidnapping, seven counts of aggravated sexual abuse, and one count of child abuse. According to the indictment, the defendants committed the offenses on June 18 and 19, 2011, on the Navajo Indian Reservation in McKinley County, N.M.
During yesterday’s proceedings, Lawless pled guilty to a two-count felony information charging him with aggravated sexual abuse and attempted aggravated sexual abuse.
According to Lawless’ plea agreement, on June 18, 2011, Lawless, two other men, and two female victims was driving around the Navajo Indian Reservation while drinking alcohol. At some point that evening, the female victims wanted to return to town but Lawless did not allow it. During a vehicle stop, Lawless sexually abused one victim and during another stop, he attempted unsuccessfully to sexually abuse the other victim.Lawless remains in custody pending a sentencing hearing, which has yet to be scheduled.
Co-defendants John B. Henry and Robert Henry have entered pleas of not guilty to the charges against them. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This 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 Jennifer M. Rozzoni is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Las Cruces Man Sentenced to Ten Years for Federal Drug Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Guy Bell, 29, of Las Cruces, N.M., was sentenced today in federal court to 120 months in prison for his conviction on drug trafficking and firearms charges. Bell will be on supervised release for six years after completing his prison sentence.
Bell was arrested on Aug. 16, 2017, on an indictment charging him with distributing methamphetamine near a school, being a felon in possession of a firearm, and using and carrying a firearm in relation to a drug trafficking crime. According to the indictment, Bell committed the offenses on Nov. 2, 2016, in Dona Ana County, N.M. Bell was prohibited from possessing firearms or ammunition because he previously has been convicted of larceny of a firearm and tampering with evidence.
On Jan. 25, 2018, Bell pled guilty to a felony information charging him with distribution of methamphetamine near a school, being a felon in possession of a firearm, and using and carrying a firearm in relation to a drug trafficking crime. In entering the guilty plea, Bell admitted that on Nov. 2, 2016, he facilitated the sale of approximately 27 grams of pure methamphetamine between an undercover law enforcement agent and his (Bell’s) source of supply, by driving the agent to the residence of the source of supply, which was located approximately 500 feet away from an elementary school. Bell also admitted carrying a loaded pistol during the drug transaction for his protection. Bell acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and was prosecuted by Assistant U.S. Attorneys John Balla and Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office.
Navajo Man Pleads Guilty to Commercial Robbery and Firearms ChargesRead the Press Release
ALBUQUERQUE – Trevor David Littleman, 25, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the Hobbs Act, assault, and firearms charges. Littleman’s plea agreement recommends that he be sentenced to a ten-year term of imprisonment followed by a term of supervised release to be determined by the court.
Littleman was arrested on Sept. 18, 2017, on a criminal complaint charging him with the armed robbery of the Giants Gas Station and Convenience Store located on New Mexico State Road 371, Main Street in Crownpoint, N.M. According to the complaint, before departing from the store with cigarettes and cash from the cash registers, Littleman fired a round of ammunition into the ceiling. Officers allegedly found a 9mm casing and shattered fluorescent light and debris on the floor of the gas station.
Littleman subsequently was indicted on Oct. 11, 2017, and was charged with robbing the gas station, a business engaged in interstate commerce, assault with a dangerous weapon with intent to do bodily harm, and using and brandishing a firearm during and in relation to a crime of violence. The indictment charged Littleman with committing the offenses on Sept. 8, 2017, on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Littleman pled guilty to the indictment, and admitted that on Sept. 8, 2017, he robbed the gas station at gunpoint, demanding cigarettes and money, and threatening to shoot the clerk if he did not comply. Littleman further admitted discharging his firearm by firing a round into the ceiling of the store before running out of the store and leaving the area in a vehicle that was waiting for him.
Littleman remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Division
California Man Facing Federal Drug Trafficking Charge Arising out of DEA Seizure of 46 Pounds of Fentanyl in New MexicoRead the Press Release
ALBUQUERQUE – A U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Alfred Galaviz, 54, of Calexico, Calif., with a fentanyl trafficking offense. The charge arises from a DEA seizure of approximately 45.92 pounds of fentanyl in Albuquerque on Sept. 27, 2018. Galaviz was remanded into custody pending trial, which has yet to be scheduled.
The DEA arrested Galaviz on Sept. 27, 2018, after seizing approximately 20.5 kilograms (45.92 pounds) of fentanyl from Galaviz’s luggage during an interdiction investigation in Albuquerque.
The penalty for a conviction on the offense charged in the criminal complaint is a statutory minimum penalty of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the DEA and Assistant U.S. Attorney Paul Schied is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Sophia Monique Zayas Sentenced to 15 Years for Conviction on Child Abuse Resulting in Great Bodily Harm Charge That Resulted in the Death of Her Two-Month InfantRead the Press Release
ALBUQUERQUE – Senior U.S. District Judge Robert C. Brack sentenced Sophia Monique Zayas, 36, this afternoon in federal court in Las Cruces, N.M., to 15 years of imprisonment followed by five years of supervised release for her conviction on a child abuse resulting in great bodily harm charge. Sophia Zayas’ conviction arose out of conduct occurring on October 21 and 22, 2007, that resulted in the death of her two-month-old daughter. Judge Brack sentenced Sophia Zayas based on a guilty plea entered on Feb. 24, 2014.
U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division, and Special Agent in Charge Nicholas J. Dorval of the Air Force Office of Special Investigations, Detachment 814, announced Sophia Zayas’ sentence.
The FBI and the Air Force Office of Special Investigations arrested Sophia Zayas, 32, and her husband Peter John Zayas, 33, in April 2012 on charges that between Oct. 21, 2007 and Oct. 22, 2007, the couple caused the death of their two-month-old infant daughter. In Nov. 2012, a 16-count superseding indictment was filed charging the couple with second-degree murder, child abuse resulting in death, child abuse resulting in great bodily harm, and other child abuse-related offenses. At the time of the offenses alleged in the superseding indictment, Peter Zayas was a sergeant with the U.S. Air Force and was stationed at Holloman Air Force Base.
On Feb. 24, 2014, Sophia Zayas pleaded guilty to child abuse resulting in great bodily harm and admitted that from Aug. 16, 2007 through Oct. 22, 2007, she placed her daughter in a situation, which endangered the infant’s life. In her plea agreement, Sophia Zayas admitted that the infant suffered posterior transverse skull fractures, rib fractures, and radius and ulna fractures as a result of her conduct. The infant died of her injuries on Oct. 22, 2007.
Peter Zayas pleaded guilty to negligent child abuse five-days earlier, on Feb. 19, 2014. In his plea agreement, Peter Zayas admitted that from Aug. 16, 2007 through Oct. 22, 2007, he permitted his infant to be in a situation that endangered her life knowing that there was a foreseeable risk that she would be physically harmed or killed by leaving her in Sophia Zayas’ care knowing that Sophia Zayas had a history of alcohol abuse. Peter Zayas acknowledged that the infant died on Oct. 22, 2007, as a result of his negligence because it was foreseeable to him that leaving the infant in Sophia Zayas’ care could lead to harm given her alcohol consumption and binge drinking during the Oct. 14, 2007 through Oct. 22, 2007.
Sophia Zayas and Peter Zayas have been in federal custody since their arrests. Peter Zayas is scheduled for sentencing on Oct. 2, 2018.
This case was investigated by the FBI and the Air Force Office of Special Investigations and is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and John A. Balla of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Felon Pleads Guilty to Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Fabian I. Sanchez, 38, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by unlawfully possessing a firearm and ammunition.
Sanchez, whose criminal history includes convictions for aggravated assault with a deadly weapon, possession of a controlled substance and burglary of a dwelling, is being prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
Sanchez was charged on May 9, 2017, with violating the federal firearms laws by being a felon in possession of a firearm and ammunition. The indictment was superseded on Aug. 14, 2018, to charge Sanchez with being a felon in possession of a firearm and ammunition and included forfeiture allegations requiring Sanchez to forfeit two firearms and ammunition to the United States. According to the superseding indictment, the offense took place on Nov. 30, 2016, in Sandoval County, N.M.
During today’s proceedings, Sanchez pled guilty to the superseding indictment and admitted that on Nov. 30, 2016, he was in possession of a firearm and approximately five rounds of ammunition. Sanchez acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
At sentencing, Sanchez faces a maximum statutory penalty of ten years of imprisonment. However, if the court determines that Sanchez is an armed career criminal, he faces an enhanced sentence of a mandatory minimum 15 years to a maximum of life imprisonment. Sanchez remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Rio Rancho Police Department. Assistant U.S. Attorney Eva Fontanez and Niki Tapia-Brito are prosecuting the case.