District of New Mexico

ALBUQUERQUE – Jackie Herron, 25, of Albuquerque, N.M., was sentenced in federal court today to 24 months in prison on three counts of assault on a federal employee involving the use of a deadly weapon.   

            According to court documents, Herron was involved in a confrontation with postal service workers in a gated, restricted parking lot for employees only.  When postal workers told her to leave, she revved the engine of her automobile and threatened to run them over.  When one of the postal workers went behind her car to take photographs of Herron’s license plate, she pulled out a gun and pointed it at them in a threatening manner.

 

            The Albuquerque office of the United States Postal Inspection Service investigated the case.  Assistant U.S. Attorneys Paul J. Mysliwiec and Eva Mae Fontanez prosecuted the case.       

ALBUQUERQUE – Thomas Abeyta, 35, of Alamo, N.M., made an initial appearance in federal court today on charges of aggravated sexual abuse in Indian Country. 

            According to a criminal complaint, Abeyta physically assaulted the victim at a residence on January 25, 2019.  Abeyta injected the victim with a substance and sexually abused her over the course of several hours.  The victim later went to the hospital for treatment of her injuries.  Hospital staff reported the matter to law enforcement.  Investigators have not confirmed the nature of the substance Abeyta injected into the victim.

            If convicted, Abeyta faces up to life in prison.  Charges in criminal complaints are merely accusations.  Defendants are presumed innocent unless found guilty in a court of law.

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

ALBUQUERQUE – Kirby Cleveland, 35, an enrolled member of the Navajo Nation from Prewitt, New Mexico, pleaded guilty in federal court yesterday to second-degree murder for killing Houston James Largo, a tribal police officer for the Navajo Nation.

           Cleveland pleaded guilty to an information charging him with killing Largo, with malice aforethought, in McKinley County, New Mexico, on March 11, 2017.  According to public court records, Cleveland became drunk and angry while at home with his common law wife and children.  His common law wife called the police and Officer Largo responded to the home.  Cleveland went outside carrying a rifle and shot Largo in the head, killing him.  Cleveland then went back inside the house where he admitted shooting an officer before fleeing the scene.  State, local, and tribal law enforcement conducted a large-scale search for Cleveland and located him the next morning hiding under a rock about 1.5 miles away.

           Cleveland is currently in custody awaiting sentencing currently scheduled for March 20, 2020.  He faces up to life in prison for second-degree murder. 

           Cleveland also pleaded guilty to violating the terms of his supervised release from a previous assault conviction involving an attack on a woman with a baseball bat.  Cleveland failed to abstain from alcohol and complete a residential reentry program as ordered by the court.  He faces up to two years in prison for this offense

           The Gallup and Albuquerque offices of the FBI and the Crownpoint, Shiprock and Chinle offices of the Navajo Nation Department of Public Safety investigated this case with assistance from the New Mexico State Police, McKinley County Sheriff’s Office, Albuquerque Police Department and Burlington Northern Santa Fe Railroad.  Assistant U.S. Attorneys Joseph M. Spindle and Jeremy Peña are prosecuting the case.

The Department of Justice announced today the repatriation of an Acoma Shield and several other important items of historical and cultural significance to the Pueblo of Acoma and its members. 

U.S. Attorney John C. Anderson for the District of New Mexico participated in a repatriation ceremony earlier today with Special Agent Franklin Chavez of the Bureau of Indian Affairs and Governor Kurt Riley of the Pueblo of Acoma.  Other federal and tribal officials and community members also attended the event at the Sky City Cultural Center and Haak’u Museum. 

“The Department of Justice is committed to enforcing federal laws that preserve the historical, cultural, and religious heritage of Native Americans,” said Acting Attorney General Matthew G. Whitaker.  “This commitment includes ensuring sacred objects like the Acoma Shield are returned to their rightful owners.  Today’s announcement further demonstrates the Justice Department’s dedication to the safety, prosperity, and wellbeing of American Indian and Alaska Native people.”

BIA recovered the shield that was repatriated today after learning that it was offered for sale online by an art gallery in Montana.  Acoma Pueblo war shields are sacred pieces of cultural patrimony that date back hundreds of years and are at the heart of Acoma Pueblo’s heritage and identity.  Items such as the war shield are used for ceremonial purposes and are closely kept among traditional leaders of the Pueblo community.     

The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law intended to return unlawfully obtained human remains and cultural objects to their Native American homelands. The U.S. Attorney’s Office and the BIA-Office of Justice Services Cultural Resources Division are dedicated to stemming the loss and trafficking of cultural patrimony by investigating and enforcing the NAGPRA. 

“Today, we celebrate the return of several items of cultural patrimony to their true owners: the Pueblo of Acoma,” said U.S. Attorney Anderson.  “Our ability to return these items is the result of years of hard work.  The Bureau of Indian Affairs, through Special Agent Frank Chavez’s dedicated efforts, discovered these sacred and historic items, and we, at the U.S. Attorney’s Office, are proud to partner with BIA in facilitating their return. Sadly, we all too often find sacred, religious, and culturally significant items being sold at art markets, flea markets and in galleries. In keeping with federal law, we will continue to do everything in our power to locate such objects and deliver them to their rightful homes.”

“I thank the Pueblo of Acoma for their due diligence in locating and reporting these precious objects to BIA and DOJ.  I want to acknowledge the voluntarily actions of those individuals who returned the items in their possession once they learned of the cultural significance to the Pueblo of Acoma tribal community,” said Assistant Secretary for Indian Affairs Tara Sweeney.  “The proactive work demonstrated by Special Agent Chavez in working closely with all involved makes us proud.”

"We have raised our voices internationally, in the halls of Congress and the legislative chambers here in New Mexico, drawing attention to the longstanding epidemic of theft, looting, and trafficking of our sacred items – all in violation of tribal and federal law. During the 2015 attempted sale of an Acoma Shield by the Eve Auction house in Paris, France, the Pueblo also identified a similar shield and other sensitive cultural items being sold here in the United States.  The amount of resources and energy, the Pueblo of Acoma has expended in this matter is a reflection of the seriousness with which we treat the protection of items uniquely distinct to our culture. That is why when U.S. Attorney Anderson informed us that these items of cultural patrimony, including another Acoma Shield, were coming home -- our hearts were overjoyed," said Governor Kurt Riley.

ALBUQUERQUE – Patrick Moquino, 39, 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 21 months in prison followed by 3 years of supervised release for his conviction on an assault charge.

            On June 13, 2018, Moquino pled guilty to assault resulting in serious bodily injury.   He admitted assaulting an Apache man on March 14, 2017, on the Mescalero Apache Indian Reservation in Otero County, N.M., by punching and kicking the victim while the victim was lying on the ground.  Moquino further admitted that the victim suffered a fractured nose and head trauma 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 is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Lawrence Marquez, 39, of Albuquerque, N.M., was sentenced today in federal court to 88 months in prison followed by three years of supervised release for heroin trafficking and firearms charges. 

Marquez pled guilty on Aug. 28, 2018 to one count of distribution of heroin and one count of using and carrying a firearm during and in relation to a drug trafficking crime.  He admitted that he possessed a firearm when he sold heroin on Feb. 23, 2017, in Albuquerque.

This case was investigated by the Albuquerque offices of the DEA and Homeland Security Investigations.  Assistant U.S. Attorney Elaine Y. Ramirez prosecuted the case as part of the Department of Justice’s commitment, in partnership with other law enforcement agencies, to combat the illegal manufacturing and distribution of methamphetamine, heroin and prescription opioids and to establish new programs to provide services to victims of the opioid crisis. 

ALBUQUERQUE – Bentley Streett, 42, of Albuquerque, N.M., pled guilty this morning in federal court to interstate travel to engage in illicit sexual conduct with a minor, child exploitation and child pornography charges. 

According to court documents, Streett was arrested in Oct. 2014, by the FBI and the Bernalillo County Sheriff’s Office (BCSO) on federal child exploitation charges.  The investigation into Streett began in Oct. 2013, after the National Center for Missing and Exploited Children forwarded a tip to the New Mexico Internet Crimes Against Children (ICAC) Task Force. 

During today’s proceedings, Streett pled guilty to interstate travel to engage in illicit sexual conduct with a minor, two counts of production of visual depictions of minors engaged in sexually explicit conduct also known as child pornography, three counts of attempted production of child pornography, distribution of child pornography and possession of child pornography.

In entering the guilty plea, Streett admitted that between July 31, 2013, and Aug. 4, 2013, he traveled from Albuquerque to Sycamore, Ill., for the purpose of engaging in sexual conduct with a 14-year- old victim.  Streett also admitted that from May 2013 through at least Feb. 2014, he attempted to persuade minors to produce child pornography and send the images to him and sent one of those minors different images of child pornography.  Streett admitted that he saved multiple images of child pornography on his laptop.

At sentencing, Streett faces a statutory mandatory minimum of 15 years and a maximum of 30 years in federal prison.  Streett also will be required to register as a sex offender. 

This case was investigated by the Albuquerque office of the FBI, the BCSO, the New Mexico ICAC Task Force, the New Mexico Attorney General’s Office and the Regional Computer Forensics Laboratory (RCFL).  The case is being prosecuted by Assistant U.S. Attorney Sarah Mease 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/.

The case also was brought as a part of the New Mexico 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.

ALBUQUERQUE – Justin Jr Watchman, 26, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to bank robbery.  Watchman entered the guilty plea without the benefit of a plea agreement.

The FBI arrested Watchman in Aug. 2018, for robbing the First Convenience Bank located inside the Walmart at 4600 East Main Street in Farmington on Aug. 17, 2018, by handing the bank teller a note demanding money.  Farmington Police Department (FPD) officers located Watchman later that same day.    At the time of arrest, he possessed a video game system still in the manufacturer’s box and a one-way bus ticket.  

Watchman will remain in custody pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Watchman faces a statutory maximum penalty of 20 years in federal prison and a $250,000 fine. 

This case was investigated by the Albuquerque office of the FBI and the FPD. Assistant U.S. Attorney Howard Thomas is prosecuting the case.

ALBUQUERQUE – Ryan Schorr, 28, of Albuquerque, N.M., pled guilty today in federal court to robbing two branches of US Bank in New Mexico in Sept. and Oct. 2017.

The FBI arrested Schorr in April 2018, for robbing the US Bank located at 2015 Eubank Blvd on Sept. 21, 2017, and robbing the US Bank located at 3801 Isleta Blvd on Oct. 3, 2017.  According to court documents, Schorr robbed both banks by giving a handwritten note to the bank teller stating that he had a gun and was demanding money.  FBI agents located Schorr with the help of witnesses who were able to identify Schorr in security camera footage taken at both bank robberies.

Schorr will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Schorr faces a statutory maximum penalty of 20 years in federal prison and a $250,000 fine. 

This case was investigated by the Albuquerque office of the FBI. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.

ALBUQUERQUE – Irving Daniel Ramirez, 25, of El Paso, Texas, pled guilty yesterday in Las Cruces, N.M., federal court to trafficking nearly ten pounds of heroin in New Mexico.

New Mexico State Police (NMSP) officers and Homeland Security Investigations (HSI) agents arrested Ramirez in Aug. 2018, after locating approximately 4.4 kilograms (9.7 pounds) of heroin concealed in Ramirez’s vehicle following a traffic stop on Highway 26 in Dona Ana County, N.M.

During yesterday’s proceedings, Ramirez pled guilty to a felony information charging him with possession of heroin with intent to distribute.  He admitted that on Aug. 25, 2018, law enforcement agents located seven bundles of heroin weighing a total of approximately 4.4 kilograms, hidden in his vehicle.  Ramirez also admitted that he was hired to transport the drugs, and intended to deliver the heroin to another individual in Albuquerque.

At sentencing, Ramirez faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  Ramirez remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by HSI and the NMSP and prosecuted by Assistant U.S. Attorney Sarah M. Davenport as part of the Department of Justice’s commitment, in partnership with other law enforcement agencies, to combat the illegal manufacturing and distribution of methamphetamine, heroin and prescription opioids and to establish new programs to provide services to victims of the opioid crisis. 

ALBUQUERQUE – Junior Cornfield, 34, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was sentenced today in Albuquerque, N.M., federal court to 63 months in prison for assaulting a woman with a hammer intending to cause bodily injury.  Cornfield will be on supervised release for three years after completing his prison sentence.

On June 14, 2018, Cornfield pled guilty to a felony information charging him with assault with a dangerous weapon.  He admitted that on Nov. 25, 2017, he struck the victim with a hammer, causing her to become unconscious.  Cornfield acknowledged that the victim suffered bruises and needed medical attention because of the assault. 

This case was investigated by the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Elisa Dimas 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 driven largely 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.

ALBUQUERQUE – Gerald Castillo, Jr., 30, an enrolled member of the Mescalero Apache Nation who resides in Ruidoso, N.M., was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to three years probation and ordered to pay a $1,000 fine for assaulting a federal officer. 

On Aug. 3, 2018, Castillo pled guilty to a misdemeanor information charging him with assaulting, resisting or impeding a federal officer.  Castillo admitted that on Feb. 24, 2018, he assaulted a Bureau of Indian Affairs officer by hitting the officer’s chest.  According to court documents, Castillo assaulted the officer while attempting to flee from law enforcement following a bar fight on the Mescalero Apache Reservation in Otero County, N.M.  

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.

ALBUQUERQUE – Toni Baldonado, 25, of Tucson, Ariz., pled guilty today in federal court in Albuquerque, N.M., to methamphetamine trafficking.  Baldonado entered her guilty plea without the benefit of a plea agreement.

The Drug Enforcement Administration arrested Baldonado after seizing approximately 1.55 kilograms (3.42 pounds) of methamphetamine from her luggage during an interdiction investigation in Albuquerque on June 17, 2016.  Baldonado was indicted on July 12, 2016, and charged with possession of methamphetamine with intent to distribute.

According to court documents, Baldonado admitted that she was transporting the methamphetamine from Phoenix, Ariz., to Denver, Colo., in exchange for payment.  At sentencing, Baldonado faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  A sentencing has yet to be scheduled.

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Ricardo A. Teran, 39, of Gallup, N.M., was sentenced today in federal court in Santa Fe, N.M., to 34 months in prison for being a felon in possession of firearms and ammunition.  Teran will be on supervised release for three years.

Teran pled guilty to this offense on Aug. 30, 2017.  According to court documents, Homeland Security Investigations (HSI) and the McKinley County Sheriff’s Office (MCSO) executed a search warrant at Teran’s home on Feb. 5, 2016.  Law enforcement agents seized firearms, ammunition, bullet-resistant vests, drugs, and drug paraphernalia from the residence.  This included a loaded pistol, revolver, shot gun, methamphetamine pipe, and syringes in a two-year-old child’s bedroom. 

Teran was prohibited from possessing firearms, ammunition, or body armor because of his prior felony convictions for aggravated assault with a deadly weapon, receiving a stolen firearm, and aggravated assault against a household member. 

This case was investigated by HSI and the MCSO with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Samuel A. Hurtado prosecuted the case under Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

ALBUQUERQUE – Rudy Portillo Sepulveda, Jr., 28, of Grant County, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by being a felon in possession of firearms and ammunition. 

During today’s proceedings, Sepulveda pled guilty to an indictment charging him with being a felon in possession of firearms and ammunition.  Sepulveda admitted that on March 30, 2018, a New Mexico State Police (NMSP) officer pulled him over because of an outstanding warrant for his arrest, and located a firearm and multiple rounds of ammunition in his vehicle.  In entering his guilty plea, Sepulveda acknowledged that he was prohibited from possessing firearms and ammunition because of his prior felony convictions for aggravated assault on a peace officer with a deadly weapon, aggravated fleeing from a law enforcement officer, possession of a controlled substance, and criminal damage to property.

Sepulveda faces a statutory maximum penalty of ten years in federal prison.  He remains in custody awaiting sentencing at a later date. 

This case was investigated by the Las Cruces office of the FBI, the NMSP, the Grant County Sheriff’s Office and the Silver City Police Department with assistance from the 6th Judicial District Attorney’s Office.  Assistant U.S. Attorney Marisa A. Ong is prosecuting the case.

ALBUQUERQUE – Agoyo Vigil, 42, an enrolled member and resident of Tesuque Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to two years of probation for his conviction on a felony child abuse charge. 

On Aug. 31, 2018, Vigil pled guilty to an information charging him with child abuse.  In entering the guilty plea, Vigil admitted that on Dec. 31, 2015, on the San Ildefonso Pueblo, in Santa Fe County, N.M., he became involved in a family argument after consuming beer.   During this argument, Vigil grabbed and pushed the 13-year-old victim up against a wall with his hand on the victim’s throat. 

This case was investigated by the Albuquerque office of the FBI, BIA’s Office of Justice Services and the Tesuque Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.

ALBUQUERQUE – Richard Dinwiddie, 58, of Cliff, N.M., was sentenced today in federal court in Las Cruces, N.M, to 15 months in prison followed by two years of supervised release for being a drug addict in possession of firearms and ammunition.

Dinwiddie pled guilty on June 28, 2018.  He admitted that federal and local law enforcement officers executed a search warrant at his residence on Feb. 5, 2018, and found approximately six firearms, approximately 1,000 rounds of ammunition, 4.5 grams of methamphetamine, and drug paraphernalia.  Dinwiddie also admitted that he had been a methamphetamine user for approximately two years. 

This case was investigated by the Las Cruces office of the FBI, the New Mexico State Police, the Grant County Sheriff’s Office, the Catron County Sheriff’s Office, and the Silver City Police Department with assistance from the 6th Judicial District Attorney’s Office.  Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division, and Chief Stewart Steele of the Rio Rancho Police Department (RRPD) announced today that Nathan Corley, 38, of Rio Rancho, N.M., was sentenced to 15 years in prison for violating the federal firearms laws.  Corley will be on supervised release for three years after completing his prison sentence.

Corley pled guilty on April 19, 2018, to an indictment charging him with being a felon in possession of a firearm and ammunition.  According to court documents, on Sept. 27, 2016, Corley approached a home in Rio Rancho with a rifle in hand.  He used the barrel of the rifle to knock on the front door and spoke to the homeowner with the rifle barrel sticking out of his sweatshirt.  Corley then left the home in his car, striking a mailbox while speeding away.  He drove to a store nearby where he went inside and shoplifted almost $2000 in merchandise.  RRPD arrested Corley as he was leaving the store and walking back to his car.   Corley was carrying a knife in his pocket when police arrested him.  Officers also found an AK-47 rifle, ammunition, and open bottles of alcohol in Corley’s vehicle.

At today’s sentencing hearing, U.S. District Judge Judith C. Herrera found that Corley is an armed career criminal based on his criminal history, including prior convictions for aggravated assault with a deadly weapon. 

This case was investigated by the FBI and RRPD.  Assistant U.S. Attorney Samuel A. Hurtado prosecuted the case under Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

ALBUQUERQUE – Wilfred Garcia, 53, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., appeared in federal court today in Albuquerque, N.M., on a criminal complaint charging him with aggravated sexual abuse.  Trial has yet to be scheduled.

Agents from the Navajo Nation Division of Public Safety arrested Garcia in Shiprock on November 22, 2018.  According to the criminal complaint, Garcia pulled up to the victim while driving his truck.   He got out, put his arms around the victim, and held a hard object to her back while telling her, “Don’t move.”  Garcia then forcibly placed the victim in his truck and drove to a dirt road where he sexually assaulted her.  The victim eventually got away from Garcia, flagged down a motorist for help, and reported the incident to police, who arrested Garcia later that day. 

The maximum penalty upon conviction for aggravated sexual abuse charge is 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 Farmington office of the FBI and the Navajo Nation Division of Public Safety.  Assistant U.S. Assistant U.S. Attorney Frederick T. Mendenhall, III, 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 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 ongoing efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Eric R. Powell, 33, of Albuquerque, N.M., was sentenced today in federal court in Santa Fe, N.M., to five years of probation including eight months of home confinement for mail theft. 

Powell pled guilty on May 3, 2017, to a charge of theft or receipt of stolen mail.  According to court documents, he possessed stolen mail from more than 1,300 victims and caused his victim’s more than $13,000 in financial losses.  In pleading guilty, Powell admitted that he stole mail from numerous mailboxes in Albuquerque using a counterfeit U.S. Postal Service Arrow Key.  Powell also admitted that he paid for a hotel room using a credit card he found in stolen mail.   He also admitted buying various items with credit and debit cards, checks, and gift cards he obtained from stolen mail.

This case was investigated by the U.S. Postal Inspection Service and the Rio Rancho Police Department.  Assistant U.S. Attorney Brandon Fyffe prosecuted the case.

ALBUQUERQUE – Brian Tony, 47, of Gallup, N.M., was sentenced to life imprisonment today in federal court in Santa Fe, N.M., following his previous conviction at trial for first-degree murder and witness tampering, announced 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 Division of Public Safety (NNDPS).

A jury found Tony, an enrolled member of the Navajo Nation, guilty of these offenses on September 30, 2017.  The evidence at trial established that on May 8, 2016, Tony drove his girlfriend’s Jeep to a home in Gallup with his brother and his girlfriend.  Tony picked up the victim and the victim’s friend from this location.  Tony also retrieved a hammer and placed it in his Jeep.

According to testimony from the victim’s friend, Tony drove them to a place called “Superman Canyon,” where Tony ordered the victim out of the Jeep and led him to an area out of sight from the vehicle.  The victim’s friend heard the victim yell, but stayed in the Jeep because Tony’s brother threatened him. 

A short time later, the victim called “911” and told the operator he was in a ditch and bleeding.  The victim reported that Tony had hit him in the head with a hammer.  The victim told the operator, “Hurry, here he comes now!  Hurry!” 

The next day, the victim’s body was found in a ravine by Rock Flats Road near Churchrock, N.M.  There was a hammer and large rock with bloodstains nearby.  The victim was wearing an empty knife sheath on his belt.  The victim had more than 23 stab wounds and blunt force trauma to his head and neck.  

The evidence at trial also established that Tony committed witness tampering while awaiting trial at the Santa Fe County Detention Center.  Tony made more than 1,000 calls to friends and relatives, imploring them to convince the victim’s friend to leave town and to prevent the friend from testifying.  The jury also heard Tony try to persuade his girlfriend not to cooperate with law enforcement.  Tony testified during the trial and claimed that he killed the victim in self-defense.

 “The life sentence imposed today cannot bring the victim back to his family and friends, but I hope it gives them a measure of comfort and closure,” said U.S. Attorney John C. Anderson.  “I commend the FBI and the Navajo Nation Division of Public Safety for their extraordinary and tireless efforts during the investigation of Mr. Tony’s heinous crimes.” 

“The FBI worked closely with the Navajo Nation Division of Public Safety to make sure justice was done in this case,” said Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.  “Although the defendant committed a gruesome, premeditated murder for which he will spend the rest of his life in prison, our focus should be on the victim and his loved ones.  We hope this punishment helps the family and friends of the deceased find some closure, while sending a clear message that violent crime on the Navajo Nation will be investigated and prosecuted to the fullest extent of the law.”

“It is very unfortunate that a life was taken under the circumstances of a crime so heinous and violent,” said Director Jesse Delmar of the NNDPS.  “Our prayers are with the victim and his family. A special thanks to the U.S. Attorney’s office, the FBI and the Navajo Nation Law Enforcement for working this case and bringing justice to the victim and his family.”

The Albuquerque and Gallup offices of the FBI investigated this case along with the Navajo Nation Division of Public Safety. 

Assistant U.S. Attorney’s Joseph M. Spindle and Nicholas J. Marshall 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.

ALBUQUERQUE – Christopher Holbrook, 32, a former U.S. Customs and Border Protection (CBP) officer, was sentenced today in federal court in Las Cruces, New Mexico, to 12 months and a day in prison followed by two years of supervised release for obstruction of justice, announced Eric Dreiband, Assistant Attorney General of the Justice Department’s Civil Rights Division, U.S. Attorney John C. Anderson of the District of New Mexico, and Hector Mancha, CBP Director of Field Operation, El Paso. 

According to the defendant’s guilty plea, Holbrook falsified an official report regarding his use of force against an individual, referred to as R.A.M., on March 23, 2015.  Holbrook’s report falsely claimed that he used the minimum amount of force necessary to control R.A.M.; in pleading guilty, Holbrook admitted that he intentionally swept R.A.M.’s legs out from under him and caused R.A.M.’s head to hit the floor.  At the time of the incident, Holbrook was working as a CBP officer in Las Cruces. 

“The defendant’s intentional falsification of a report to cover up his misconduct undermines the oath that all federal law enforcement take to uphold and fairly enforce the law,” said Assistant Attorney General Eric Dreiband. “The Justice Department will continue to prosecute such violations vigorously.”

“We depend on law enforcement officers to carry out their duties in a way that respects their positions of authority, the law and the communities they serve,” said U.S. Attorney John C. Anderson.  “When those who are sworn to uphold the law and protect others instead abuse their power and position, they undermine the public’s confidence in the justice system and our government institutions.  We cannot and will not tolerate such abuses.”

“The vast majority of CBP officers embody our core values, perform their duties with integrity, treat travelers with dignity and respect, and are dedicated to our mission of securing our borders while facilitating legitimate trade and travel,” said Hector Mancha, CBP Director of Field Operation, El Paso. “U.S. Customs and Border Protection stresses professionalism, honor and integrity in every aspect of our mission and does not tolerate actions by any employee that would tarnish the reputation of our agency.”

This case was investigated by CBP’s Office of Professional Responsibility. Assistant U.S. Attorney Marisa Ong of District of New Mexico U.S. Attorney’s Law Cruces Branch Office and Trial Attorney Julia Gegenheimer of the Civil Rights Division of the Department of Justice are prosecuting the case.

Christopher Holbrook, 32, a former U.S. Customs and Border Protection (CBP) officer, was sentenced today in federal court in Las Cruces, New Mexico, to 12 months and a day in prison followed by two years of supervised release for obstruction of justice, announced Eric Dreiband, Assistant Attorney General of the Justice Department’s Civil Rights Division, U.S. Attorney John C. Anderson of the District of New Mexico, and Hector Mancha, CBP Director of Field Operation, El Paso. 

According to the defendant’s guilty plea, Holbrook falsified an official report regarding his use of force against an individual, referred to as R.A.M., on March 23, 2015.  Holbrook’s report falsely claimed that he used the minimum amount of force necessary to control R.A.M.; in pleading guilty, Holbrook admitted that he intentionally swept R.A.M.’s legs out from under him and caused R.A.M.’s head to hit the floor.  At the time of the incident, Holbrook was working as a CBP officer in Las Cruces. 

“The defendant’s intentional falsification of a report to cover up his misconduct undermines the oath that all federal law enforcement take to uphold and fairly enforce the law,” said Assistant Attorney General Eric Dreiband. “The Justice Department will continue to prosecute such violations vigorously.”

“We depend on law enforcement officers to carry out their duties in a way that respects their positions of authority, the law and the communities they serve,” said U.S. Attorney John C. Anderson.  “When those who are sworn to uphold the law and protect others instead abuse their power and position, they undermine the public’s confidence in the justice system and our government institutions.  We cannot and will not tolerate such abuses.”

“The vast majority of CBP officers embody our core values, perform their duties with integrity, treat travelers with dignity and respect, and are dedicated to our mission of securing our borders while facilitating legitimate trade and travel,” said Hector Mancha, CBP Director of Field Operation, El Paso. “U.S. Customs and Border Protection stresses professionalism, honor and integrity in every aspect of our mission and does not tolerate actions by any employee that would tarnish the reputation of our agency.”

This case was investigated by CBP’s Office of Professional Responsibility. Assistant U.S. Attorney Marisa Ong of District of New Mexico U.S. Attorney’s Law Cruces Branch Office and Trial Attorney Julia Gegenheimer of the Civil Rights Division of the Department of Justice are prosecuting the case.

ALBUQUERQUE – Adam Sadlowski, 40, of Albuquerque, N.M., was sentenced today in federal court to 51 months in prison for being a felon in possession of firearms and ammunition.  Sadlowski will be on supervised release for three years after completing his prison sentence.

Bernalillo County Sheriff’s Office (BCSO) deputies arrested Sadlowski at his home on Feb. 22, 2016.  According to court records, they found 13 firearms at Sadlowski’s residence, including two previously reported stolen.  Deputies also found assorted ammunition.  Sadlowski was prohibited from possession any firearms or ammunition at this time because of his previous criminal convictions for trafficking a controlled substance, receiving or transferring a stolen vehicle, and tampering with evidence. 

Sadlowski pled guilty to the indictment on April 5, 2018.  He admitted possessing two handguns and ammunition despite being a convicted felon.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with the BCSO.  Assistant U.S. Attorney Samuel A. Hurtado prosecuted the case under Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

ALBUQUERQUE – Gwendolyn Alcazar, 36, of Pasadena, Calif., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.

The Drug Enforcement Administration arrested Alcazar on Feb. 8, 2018, on an indictment charging her with possession of methamphetamine with intent to distribute.  According to the indictment, Alcazar committed the crime on July 11, 2017, in Bernalillo County, N.M. 

During today’s proceedings, Alcazar admitted that she received a one-way train ticket from Los Angeles to Atlanta.  She boarded the train with approximately 900.4 grams (1.99 pounds) of methamphetamine concealed in her luggage.  Alcazar intended to transport the methamphetamine to Atlanta and expected to receive payment at the end of her trip.  However, law enforcement officers confronted her in Albuquerque.  Alcazar gave them a false name and tried to abandon her luggage and flee before the officers arrested her. 

At sentencing, Alcazar faces a mandatory minimum penalty of ten years and a maximum of life in federal prison.  She remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorneys Niki Tapia-Brito and Eva Fontanez.

ALBUQUERQUE – Jeremy Brown, 27, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for possessing a firearm while trafficking fentanyl.  Brown will be on supervised release for three years after completing his prison sentence. 

On July 16, 2018, Brown pled guilty to possessing a firearm in furtherance of a drug trafficking crime.  In entering his guilty plea, Brown admitted that on May 1, 2017, he arranged a meeting to sell fentanyl pills to a customer.  DEA agents arrested Brown during this meeting and searched his truck, where they found a canister of fentanyl pills and a .45 caliber pistol in the center console.  Brown admitted that he intended to sell these pills and possessed the pistol to protect himself while selling drugs.    

Brown’s co-defendant, Crystal Campos, 34, also of Albuquerque, pled guilty on Oct. 4, 2018, to charges of conspiracy and distribution of a controlled substance. 

This case was investigated by the Albuquerque office of the DEA and prosecuted by Assistant U.S. Attorney Peter J. Eicker as part of the Department of Justice’s commitment, in partnership with other law enforcement agencies, to combat the illegal manufacturing and distribution of methamphetamine, heroin and prescription opioids and to establish new programs to provide services to victims of the opioid crisis. 

ALBUQUERQUE – Christopher Raymond Lopez, 53, of Albuquerque, N.M., a previously convicted sex offender, pleaded guilty this morning in federal court to an indictment charging him with possessing child pornography.  Lopez entered the guilty plea without the benefit of a plea agreement.

Homeland Security Investigations and the Albuquerque Police Department arrested Lopez on Feb. 22, 2018, on the three-count indictment, which was filed on Feb. 14, 2018, and charged him with possessing visual depictions of minors engaged in sexually explicit conduct on a hard drive, a computer and a thumb drive.  According to the indictment, Lopez committed the crimes on June 29, 2016, in Bernalillo County, N.M.

Lopez remains in custody pending a sentencing hearing which has yet to be scheduled.  At sentencing, Lopez faces a statutory maximum penalty of 20 years in federal prison.  Lopez will also be required to register as a sex offender because of his felony convictions.

This case was investigated by Homeland Security Investigations and the Albuquerque Police Department.  The case is being prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley 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/.

The case also was brought as a part of the New Mexico 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 Office of the Attorney General.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict today finding Brian Adrian Sloan guilty on aggravated child sexual abuse charges following a five-day trial.  The guilty verdict was announced by U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.

The FBI arrested Sloan, 33, an enrolled member of the Navajo Nation who resides in Newcomb, N.M., in Aug. 2016, on an indictment filed on Aug. 23, 2016, alleging child sexual abuse offenses.  The indictment was superseded on Jan. 24, 2017, and charged Sloan with sexually abusing a child under the age of 12 years on two occasions between May 2007 and Dec. 2007, and between May 2008 and Aug. 2008, and sexually abusing a second child under the age of 12 years between June 2003 and Aug. 2003.  According to the superseding indictment, Sloan committed the crimes on the Navajo Indian Reservation in McKinley County, N.M.

Trial on the superseding indictment commenced on Nov. 13, 2018, and concluded this morning when the jury returned a guilty verdict against Sloan on all four counts of the superseding indictment.

Testimony at trial established that Sloan began sexually abusing the victim referenced in Counts 1, 2 and 3 of the superseding indictment during the summer of 2007.  The victim, who was 11-years old when the sexual abuse began, testified being repeatedly sexually abused by Sloan from the beginning of the summer of 2007 through at least Aug. 2008.  According to testimony, Sloan would find the victim alone at home and sexually abuse the victim while threatening and being physically abusive.

The victim referenced in Count 4 testified that the victim stayed at a relative’s house on a night during the summer of 2003, on the Navajo Indian Reservation, and during a night hide and seek game, the victim entered a dark bedroom where Sloan was hiding and Sloan grabbed and sexually molested the victim. 

The jury deliberated approximately three hours before returning a guilty verdict.

At sentencing, Sloan faces a statutory mandatory minimum penalty of 30 years and a maximum of life in federal prison, a $250,000 fine, and will be required to register as a sex offender.  Sloan remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Gallup office of the FBI.  Assistant U.S. Attorneys Novaline D. Wilson and Elisa C. Dimas 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/.

ALBUQUERQUE – William E. Valencia, 28, an enrolled member of Laguna Pueblo who resides in Paguete, N.M., pled guilty today in federal court in Albuquerque, N.M., to assaulting his girlfriend by strangling or suffocating.

Valencia was arrested in Aug. 2018, on a criminal complaint charging him with assaulting a Laguna Pueblo woman by strangling her on July 17, 2018, in Cibola County, N.M.  According to the complaint, Valencia assaulted the victim by stabbing her right arm with keys, punching and kicking her, and strangling her until she could not breathe and had blurry vision.  The complaint alleged that the victim suffered punctures, bruising and red marks to both sides of her arms and her chest, and bruising and bumps to her head and legs as result of the assault.

During today’s proceedings, Valencia pled guilty to assault of an intimate partner by strangling or suffocating.  In entering the guilty plea, Valencia admitted that on July 17, 2018, he assaulted his girlfriend by grabbing her by the throat and strangling her so she could not breathe.

At sentencing, Valencia faces a statutory 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 Laguna/Acoma Agency of the BIA Office of Justice Services.  Assistant U.S. Attorney Elisa C. Dimas 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 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 ongoing efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Avery Cate, 27, an enrolled member of the Kewa Pueblo who resides in Bernalillo, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to assaulting a federal officer.

Cate was arrested in June 2018, on an indictment charging him with assaulting a federal officer.  According to the indictment, Cate assaulted a Bureau of Indian Affairs officer on Jan. 30, 2015, on Kewa Pueblo in Sandoval County, N.M., while the officer was engaged in the performance of his official duties.

During today’s proceedings, Cate pled guilty to the indictment.  In entering the guilty plea, Cate admitted that on Jan. 30, 2015, on Kewa Pueblo, he cursed, threatened, and approached the officers in a threatening manner.  Cate further admitted resisting arrest and kicking a federal officer in the leg, causing the officer to fall.  The officer obtained medical care for his leg and was diagnosed with a sprain as the result of Cate’s assault. 

At sentencing, Cate faces a statutory maximum penalty of eight years in federal prison.  Cate remains in federal custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Elisa C. Dimas.

ALBUQUERQUE – Timothy Caleb Martinez, 28, of Artesia, N.M., was sentenced today in Las Cruces, N.M., to 75 months in prison for his conviction on methamphetamine trafficking and firearms charges.  Martinez will be on supervised release for five year after completing his prison sentence. 

The Bureau of Alcohol, Tobacco, Firearms and Explosives charged Martinez in a criminal complaint filed on Aug. 4, 2017, with possession of methamphetamine and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR).  According to the complaint, law enforcement officers seized approximately 48.73 grams of pure methamphetamine, a firearm and ammunition while executing a search warrant at Martinez’s residence on Nov. 18, 2014, in Eddy County, N.M.

On June 20, 2018, Martinez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and possession of an unregistered short-barreled shotgun.  Martinez entered the guilty plea without the benefit of a plea agreement.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Eddy County Sheriff’s Office, the Carlsbad Police Department, and the Pecos Valley Drug Task Force.  Assistant U.S. Attorney Clara N. Cobos of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

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 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 – Phillip J. Pedro, 35, an enrolled member of the Laguna Pueblo who resides in Acoma Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to assaulting his intimate partner by strangling or suffocating.  Pedro pled guilty under a plea agreement that recommends that he be sentenced to 24 months of imprisonment followed by three years of supervised release.

The BIA arrested Pedro on July 18, 2018, on a criminal complaint charging him with assaulting an Acoma Pueblo woman by strangulation on June 27, 2018, on the Acoma Pueblo Indian Reservation in Cibola County, N.M.  According to the complaint, Pedro assaulted the victim, his intimate partner, while she was eight-months pregnant.  The victim suffered scratches on her neck and back, red spotting on her left eye and inside her bottom lip, and bruising and swelling on her left finger as the result of the assault.  The victim was transferred to a hospital in Albuquerque due to the seriousness of the strangulation.   

During today’s proceedings, Pedro pled guilty to a felony information charging him with assault of an intimate partner by strangling and suffocating.  In entering the guilty plea, Pedro admitted that on June 27, 2018, he assaulted the victim by grabbing her by the throat and strangling her so she could not breathe.  

Pedro remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services.  Assistant U.S. Attorney Elisa C. Dimas 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 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 ongoing efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Trista Schlaefli, 33, of Colorado Springs, Colo., pled guilty this afternoon in federal court in Las Cruces, N.M., to charges arising out of a Nov. 27, 2017 crime spree during which Schlaefli and her co-defendant allegedly fled from a U.S. Border Patrol checkpoint, carjacked a vehicle at gunpoint resulting in the death of a victim, and attempted to carjack two other vehicles.  U.S. Attorney John C. Anderson, Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division, New Mexico State Police Chief Pete Kassetas and Chief Patrick Gallagher of the Las Cruces Police Department announced the guilty plea.

Schlaefli and her co-defendant Daniel Lowell, 35, of Henderson, Colo., were charged in a nine-count indictment, filed on April 10, 2018, with high speed flight from an immigration checkpoint, carjacking, carjacking resulting in death, attempted carjacking, and possession of at least 15 unauthorized access devices.  The indictment also charges Lowell with brandishing a firearm during a crime of violence, attempted carjacking, and being a felon in possession of a firearm and ammunition.  It charges Schlaefli with aiding and abetting Lowell in brandishing a firearm during a crime of violence, and with attempted carjacking.  According to the indictment, Lowell and Schlaefli committed the crimes on Nov. 27, 2017, in Dona Ana County, N.M.

The New Mexico State Police arrested Lowell and Schlaefli on state charges on Nov. 27, 2017, and the FBI arrested them on the federal indictment on April 25, 2018.  The state charges were dismissed in May 2018, in favor of federal prosecution.

During today’s change of plea hearing, Schlaefli pled guilty to high speed flight from an immigration checkpoint, carjacking, carjacking resulting in death, aiding and abetting brandishing a firearm in relation to a crime of violence, attempted carjacking, and possession of unauthorized access devices.  In her plea agreement, Schlaefli admitted that on Nov. 27, 2017, she and an accomplice fled from a U.S. Border Patrol checkpoint in Dona Ana County at a high rate of speed in a vehicle they carjacked.  Schlaefli initially drove the carjacked vehicle as they continued their flight, and her accomplice took the wheel until the vehicle blew a tire.  According to Schlaefli’s plea agreement, the accomplice brandished a firearm as he and Schlaefli carjacked another vehicle from a couple and their two minor children as they continued their flight from law enforcement authorities.  Schlaefli and her accomplice continued their high speed flight as they were pursued by law enforcement authorities into Las Cruces, where they crashed into a motorcyclist, who died as the result of injuries sustained during the crash.  After the crash, Schlaefli attempted to carjack another vehicle.  

In her plea agreement, Schlaefli admitted after she was arrested, law enforcement officers executed  a search warrant on a stolen vehicle Schlaefli had been driving and a hotel room where she had been staying and seized 15 drivers’ licenses, nine social security cards, one military identification and 31 credit cards.  Schlaefli acknowledged that the identifications cards, social security cards and credit cards were stolen and she intended to use them for fraudulent purposes.

At sentencing, Schlaefli faces the following maximum statutory penalties: 

• High-speed flight from an immigration checkpoint – five years of imprisonment and a $250,000 fine.
• Carjacking – 15 years of imprisonment and a $250,000 fine.
• Carjacking resulting in death – life imprisonment and a $250,000 fine.
• Attempted carjacking – 15 years of imprisonment and a $250,000 fine.
• Possession of unauthorized access devices – ten years of imprisonment and a $250,000 fine.
• Aiding and abetting brandishing a firearm during a crime of violence –mandatory minimum of seven years and maximum of life imprisonment to be served consecutive to any other sentence imposed. 

Lowell has entered a plea of not guilty to the charges against him and remains in custody pending trial, which currently is scheduled for Jan. 2019.  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 Las Cruces office of the FBI, the Las Cruces Police Department and the New Mexico State Police with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Border Patrol, and the 3rd Judicial District Attorney’s Office.  Assistant U.S. Attorneys Marisa A. Ong and Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.

ALBUQUERQUE – Waylon Evan Pacheco, 29, an enrolled member and resident of Kewa Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to assaulting his intimate partner by strangling or suffocating.

Pacheco was arrested in Dec. 2017, on an indictment charging him with assault of an intimate partner by strangling and assault with a dangerous weapon, a brick, with intent to do bodily harm.  According to the indictment, Pacheco committed the crime on July 4, 2016, on the Kewa Pueblo Indian Reservation in Sandoval County, N.M.

During today’s proceedings, Pacheco pled guilty to assault of an intimate partner by strangling or suffocating.  In entering the guilty plea, Pacheco admitted that on July 4, 2016, he assaulted his former girlfriend by hitting her face and body, hitting her with a brick and strangling her by putting his knee on the victim’s neck while she was on the ground.  Pacheco further admitted that the victim briefly lost consciousness as a result of the assault. 

At sentencing, Pacheco faces a statutory 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 Southern Pueblos Agency of the BIA, Office of Justice Services.  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 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 ongoing efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Jason Blackwood, 46, of Albuquerque, N.M., was sentenced today in federal court to 84 months in prison followed by three years of supervised release for using and brandishing a firearm during a crime of violence in relation to a June 2016, armed bank robbery.

Blackwood was arrested on June 1, 2016, on a criminal complaint charging him with the armed bank robbery of the Bank of the West located at 780 Juan Tabo Blvd. NE in Albuquerque.  According to the complaint, Blackwood entered the bank, pointed a handgun at a bank teller, and demanded money.  After the bank teller responded to Blackwood’s demand for money, Blackwood left the bank.  

Blackwood subsequently was indicted on June 30, 2016, and was charged with armed bank robbery, using and brandishing a firearm during a crime of violence, and being a felon in possession of a firearm and ammunition.  According to the indictment, Blackwood committed the three crimes on June 1, 2016, in Bernalillo County, N.M.  At the time, Blackwood was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery and second degree commercial burglary.

On June 28, 2018, Blackwood pled guilty to using and brandishing a firearm during and in relation to a crime of violence.  In entering the guilty plea, Blackwood admitted that on June 1, 2016, he entered the Bank of the West in Albuquerque, approached a bank teller’s window, pointed a firearm at the bank teller and demanded money.  Blackwood further admitted that he continued to point the firearm at the bank teller after receiving an amount of money and demanded that the bank teller give him more money. 

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department.  Assistant U.S. Attorney Paul H. Spiers 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.

ALBUQUERQUE – Shania Shroulote, 25, an enrolled member of the Acoma Pueblo who resides in San Fidel, N.M., was sentenced today in federal court in Albuquerque, N.M., to three years of probation for her conviction on a misdemeanor child abuse charge. 

On June 28, 2018, Shroulote pled guilty to an information charging her with child abuse.  In entering the guilty plea, Shroulote admitted that on March 11, 2017, she operated a motor vehicle recklessly within the Acoma Pueblo while under the influence of alcohol and caused a single vehicle collision.  Shroulote further admitted that her actions endangered the health and wellbeing of a child who was a passenger in the vehicle and was injured in the collision.

This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle.

ALBUQUERQUE – Donovan Young, 21, of Albuquerque, N.M, made his initial appearance this morning in federal court on a criminal complaint charging him with carjacking and firearms offenses.   Young remains in federal custody pending preliminary and detention hearings scheduled for tomorrow.

Officers of the Albuquerque Police Department and deputies of the Bernalillo County Sheriff’s Office arrested Young on state charges on Nov. 2, 2018.  The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Young on Nov. 5, 2018, on the federal criminal complaint, which charges him with carjacking and brandishing a firearm during a crime of violence. 

According to the federal criminal complaint, Young and another man (who has not been apprehended) robbed the carjacking victim in the parking lot of a supermarket on Nov. 2, 2018.  Young allegedly took the victim’s keys, wallet, and cell phone by pointing an AK type rifle at the victim and allegedly telling him that his belongings “aren’t worth your life.”  Young allegedly fled the scene in the victim’s pickup truck, but officers located Young at a nearby gas station using a tracking feature for the victim’s phone.  Young allegedly sped away when officers tried to arrest him, leading officers on a pursuit through residential neighborhoods reaching speeds more than 100 miles per hour.  Officers arrested Young when he stopped his truck in a mound of dirt and recovered a rifle matching the victim’s description of the firearm used in the crime. The victim identified Young as the same man who pointed the rifle at him at the supermarket.

The maximum statutory penalty for a conviction on the carjacking offense is 15 years in federal prison and a $250,000 fine.  The statutory penalty for a conviction on the firearm offense is a mandatory minimum seven years of imprisonment, which must be served consecutive to any other sentence imposed.  Charges in criminal complaints are merely accusations and the defendant is presumed innocent unless found guilty in a court of law. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Albuquerque Police Department, and the Bernalillo County’s Sheriff’s Office.  The case is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.

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.

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.

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/.

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.

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.

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.

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.

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.”

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 Complaint

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.

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.

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.

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.