District of New Mexico
Press releases recorded for this federal judicial district.
David A. Hickman Sentenced to 20 Years in Federal Prison for Using Fire and Explosives to Damage and Destroy Buildings Used in Interstate CommerceRead the Press Release
ALBUQUERQUE – U.S. District Judge Judith C. Herrera today sentenced David A. Hickman, 29, of Albuquerque, N.M., to 20 years of imprisonment for his conviction on five arson charges, which he pled guilty to under an agreement in which he also acknowledged committing or attempting to commit four additional arsons. Hickman will be on supervised release for three years after completing his prison sentence. Hickman also was ordered to pay $406,348 in restitution to Starbucks, one of the businesses that was a victim of Hickman’s criminal conduct. The Judge will enter orders of restitution as to the other victims at a later date.
Hickman’s sentence was announced by U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Michael Geier of the Albuquerque Police Department (APD), and Chief Paul Dow of the Albuquerque Fire Department.
“Today a dangerous individual who terrorized the residents of Albuquerque in November of 2016 through a series of deliberate and premeditated violent acts that targeted innocent victims was sentenced for the devastating damage and destruction he maliciously caused,” said U.S. Attorney John C. Anderson. “I commend the Albuquerque Fire and Police Departments for their heroic efforts to apprehend David Hickman and bring him to justice without the loss of human life, and the FBI and ATF for their steadfast commitment to working with their local partners to safeguard the Albuquerque community.”
“For several days in November 2016, when Albuquerque residents should have been enjoying the Thanksgiving holiday and time with their families, our city was hit by a wave of arsons that put a lot of people on edge,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “Federal, state, and local law enforcement agencies quickly sprang into action, working together to do what we do best: Protect the American people, and catch those who would do harm. The FBI is proud to have been a part of a team that didn't rest until the person responsible for these malicious fires was brought to justice.”
“I want to commend the efforts of the ATF agents and members of the ATF National Response Team who worked so tirelessly in bringing justice to the people of Albuquerque,” said Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the ATF. “I hope today’s sentence brings resolution not only to the victims but to the business owners that were equally affected.”
Chief Michael Geier of the Albuquerque Police Department added, “The cooperation between all partners in this case epitomizes our vision of ‘One Albuquerque,’ in which we all work together to make communities safe.”
“The arrest, prosecution, and sentencing was yet another example of a successful collaboration between our local, state, and federal agencies working together to protect our citizens and great city,” said Chief Paul Dow of the Albuquerque Fire Department.”
Hickman was arrested on Nov. 28, 2016, on a criminal complaint charging him with maliciously damaging and destroying, and attempting to damage and destroy, by means of fire, a building, an Old Navy store located in Albuquerque, used in interstate commerce on Nov. 26, 2016. APD officers arrested Hickman in the early hours of Nov. 26, 2016, and later transferred him into the custody of the FBI. Hickman was arrested shortly after an APD officer responded to the Pavilions at San Mateo shopping center after hearing “small explosions” coming from the area. When the officer arrived at the shopping center, he observed Hickman running into and out of the Old Navy store located in the shopping center, which was on fire. Hickman was indicted on one count of maliciously damaging a building, the Old Navy store, by fire on Dec. 20, 2016.
Hickman pled guilty on Oct. 11, 2017, to five counts of damaging and destroying buildings used in interstate commerce by fire or explosive. Although Hickman pled guilty to five arson counts, in his plea agreement, Hickman acknowledged igniting arson fires that damaged or destroyed nine businesses engaged in interstate commerce in Albuquerque between Nov. 16, 2016 and Nov. 26, 2106. In entering the guilty plea, Hickman admitted that, between Nov. 16, 2016 and Nov. 26, 2016, he ignited and attempted to ignite nine separate fires at the following businesses in Albuquerque:
- Starbucks Coffee Shop, located at 800 Broadway Blvd. NE;
- Project Defending Life, located at 625 San Mateo Blvd. NE;
- Carlisle Condominiums, located at 3600 Central Ave. SE;
- Starbucks Coffee Shop, located at 5301 Gibson Blvd. SE;
- Starbucks Coffee Shop, located at 4407 Lomas Blvd. NE;
- Starbucks Coffee Shop, located at 3400 Central Ave. SE;
- Barnes & Noble Bookstore, located at the Coronado Mall at 6600 Menaul Blvd. NE;
- Shred-it, located at 1415 Broadway Blvd. NE; and
- Old Navy, located at 4900 Cutler Ave. NE.
However, Hickman entered guilty pleas to committing five arsons that damaged and destroyed the following businesses:
- Igniting the fire at the Carlisle Condominiums located at 3600 Central Ave. SE, on Nov. 23, 2016, by using glass Mason jars filled with ignitable liquid. The Carlisle Condominiums were under construction and approximately 80% complete when Hickman broke into the construction site and ignited the fire. The damages caused by the fire exceeded $8 million.
- Setting the fire at the Starbucks Coffee Shop located at 5301 Gibson Blvd. SE, on Nov. 25, 2016, by firing a gun into a glass door so he could enter the shop, and throwing glass Mason jar devices into the building together with firecrackers and a kerosene container that would ignite and fuel the fire.
- Setting the fire at the Shred-it building located at 1415 Broadway Blvd NE, on Nov. 26, 2016, by firing a gun into a glass door so he could enter the building and use glass Mason jar devices and road flares to ignite fires in the building.
- Setting the fire at the Barnes & Noble bookstore building located at the Coronado Mall at 6600 Menaul Blvd. NE, on Nov. 26, 2016, by firing a gun into a glass door so he could enter the building and use glass Mason jar devices and a road flare to ignite fires in the store. The damages caused by the fire exceeded $800,000.
- Setting the fire at the Old Navy store located in Albuquerque on Nov. 26, 2016, by shooting several rounds from an assault rifle into the windows of the store so he could enter the store and ignite several fires inside the store using glass Mason jar devices with a road flare. The damages caused by the fire exceeded $690,000.
APD arrested Hickman shortly after he departed the Old Navy store. At the time of arrest, Hickman was wearing a holster with a handgun and had a flare in his belt. In Hickman’s vehicle, APD officers found an assault rifle, glass Mason jar devices, tape, ammunition, kerosene, tannerite, and motor oil. While executing a search warrant at Hickman’s residence, officers found similar materials.
Hickman has been in federal custody since his arrest.The Albuquerque Division of the FBI, the Albuquerque office of the ATF, ATF’s National Response Team, the Albuquerque Police Department, and the Albuquerque Fire Department conducted the investigation of this case. Assistant U.S. Attorney Fred J. Federici prosecuted the case.
Navajo Woman Sentenced for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Bryana Agnes Henio, 30, an enrolled member of the Navajo Nation who resides in Little Water, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison for her involuntary manslaughter conviction. She will be on supervised release for three years after completing her prison sentence.
Henio was arrested in Oct. 2017, on a criminal complaint charging her with involuntary manslaughter. According to the complaint, Henio killed a man by hitting him with a vehicle on Sept. 8, 2017, on the Navajo Indian Reservation in McKinley County, N.M. At the time Henio ran over the victim, Henio was driving under the influence of alcohol.
On Nov. 20, 2017, Henio pled guilty to a felony information charging her with involuntary manslaughter, and admitted killing the victim by driving recklessly while under the influence of alcohol. Henio acknowledged that the alcohol rendered her incapable of exercising clear judgment and a steady hand in operating the vehicle.
This case was investigated by the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Joseph M. Spindle prosecuted the case.
Navajo Man from Shiprock Sentenced to 78 Months in Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Christian Begay, 29, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 78 months in prison for his assault conviction. Begay will be on supervised release for three years after completing his prison sentence.
Begay was arrested on May 26, 2016, on a criminal complaint charging him with shooting a Navajo man on May 21, 2016. The complaint stated that the victim suffered severe damage to the pelvic bone and required hospitalization.
Begay was indicted on June 15, 2016, and was charged with assault with a dangerous weapon, a firearm, with intent to do bodily harm; assault resulting in serious bodily injury; and using and carrying a firearm in furtherance of a crime of violence. According to the indictment, Begay committed the crimes on May 21, 2016, on the Navajo Indian Reservation in San Juan County, N.M.
On Aug. 22, 2017, Begay pled guilty to a felony information charging him with assault with intent to commit murder. In entering the guilty plea, Begay admitted that on May 21, 2016, he assaulted the victim with a dangerous weapon, a firearm, by shooting the victim with the intention of murdering the victim.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Raquel Ruiz-Velez.
Navajo Man from San Juan County Sentenced to Prison for Assaulting Federal Law Enforcement OfficerRead the Press Release
ALBUQUERQUE – Emory Werito, 41, an enrolled member of the Navajo Nation who resides in Nageezi, N.M., was sentenced today in federal court in Albuquerque, N.M., to 36 months in prison for assaulting a federal law enforcement officer. Werito will be on supervised release for three years after completing his prison sentence.
Werito was arrested on Aug. 24, 2017, on a criminal complaint charging him with assaulting and resisting a federal law enforcement officer. According to the complaint, on Aug. 16, 2016, the U.S. Marshals Service and San Juan County Sheriff’s Office attempted to execute an arrest warrant on Werito. As the officers were executing a traffic stop on Werito, he backed his vehicle into a vehicle driven by a Deputy U.S. Marshal and almost hit another Deputy U.S. Marshal while Werito was attempting to evade arrest.
On Oct. 31, 2017, Werito pled guilty to a felony information charging him with assaulting a federal officer. In entering the guilty plea, Werito admitted that on Aug. 16, 2016, he drove a vehicle toward a Deputy U.S. Marshal engaged in the performance of his official duties.
This case was investigated by the Farmington office of the FBI, the U.S. Marshals Service, and the San Juan County Sheriff’s Office. Assistant U.S. Attorney Joseph M. Spindle prosecuted the case.
Albuquerque Resident Pleads Guilty to Federal Bank Fraud and Identity Theft ChargesRead the Press Release
ALBUQUERQUE – Todd McDonald, 39, of Albuquerque, N.M., pled guilty today in federal court to bank fraud and aggravated identity theft charges under a plea agreement with the U.S. Attorney’s Office.
McDonald was arrested in Oct. 2017, on a criminal complaint charging him with theft of mail on Oct. 19, 2017, in Bernalillo County, N.M. According to the complaint, Albuquerque Police Department officers arrested McDonald after finding him asleep in his vehicle in a grocery store parking lot and determining that there was an outstanding warrant for his arrest. The complaint stated that the officers found a counterfeit U.S. Postal Service arrow key, mail, and debit cards and credit cards in the names of other individuals while executing a search warrant on McDonald’s vehicle.
McDonald and co-defendants Christopher Freeburn, 45, and Darlene Baca, 38, both of Albuquerque, subsequently were charged in a 34-count indictment on Nov. 15, 2017. Count 1 of the indictment charged Freeburn and McDonald with participating in a conspiracy to possess stolen mail, possess a postal arrow key, bank fraud, and aggravated identity theft. Counts 2 through 12 charge Freeburn and McDonald with possession of stolen mail. Counts 13 through 17 charged Freeburn with possession of a postal arrow key. Counts 18 through 30 charged McDonald, Baca and Freeburn with committing bank fraud. Counts 31 through 34 charged McDonald and Freeburn with aggravated identity theft in furtherance of bank fraud. According to the indictment, the defendants committed the offenses from March 2016 through Oct. 2017, in Bernalillo County, by stealing mail, which included personal identifying information, for the purpose of submitting online applications for lines of credit and credit cards in the names of other individuals and to make personal purchases for goods and services including hotel rooms and drugs.
During today’s proceedings, McDonald pled guilty to two counts of bank fraud and one count of aggravated identity theft in furtherance of bank fraud. In entering the guilty plea, McDonald admitted that on Feb. 17, 2017, he used another person’s credit cards to book and pay for hotel rooms. McDonald further admitted that on Oct. 20, 2017, he used another person’s credit card and personal identifying information to make purchases at a store in Bernalillo County and pretended to be that person to make the purchases using money that was held by a bank. McDonald acknowledged that he obtained the personally identifying information of the victim from the victim’s mail.
At sentencing, McDonald faces a maximum penalty of 30 years of imprisonment, including a mandatory penalty of two years imprisonment to be served consecutive to any other sentence imposed on the aggravated identity theft charge. A sentencing hearing has yet to be scheduled.
Freeburn pled guilty on Feb. 1, 2018, to conspiracy, five counts of unlawful possession of a counterfeit postal arrow key, ten counts of committing bank fraud and three counts of aggravated identity theft in furtherance of bank fraud. Freeburn’s plea agreement recommends a 60 month term of imprisonment and a fine not to exceed $1 million. A sentencing hearing has yet to be scheduled.
Baca pled guilty on Feb. 28, 2018, to three counts of bank fraud. At sentencing, Baca faces a maximum penalty of 30 years of imprisonment and a fine not to exceed $1 million. A sentencing hearing has yet to be scheduled.
This case was investigated by the U.S. Postal Inspection Service and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Roswell Felon Pleads Guilty to Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Valarie Martinez, 32, of Roswell, 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 a firearm and ammunition.
Martinez was arrested in Feb. 2018, on a criminal complaint charging her with being a felon in possession of a firearm and ammunition on Jan. 16, 2018, in Chaves County, N.M. According to the complaint, Roswell Police Department (RPD) officers arrested Martinez after locating a bag containing a firearm and ammunition that Martinez discarded while fleeing from the scene of a suspected breaking and entering of a dwelling. Martinez was prohibited from possessing firearms or ammunition because of her prior felony convictions.
During today’s proceedings, Martinez pled guilty to a felony information charging her with being a felon in possession of a firearm and ammunition. In entering the guilty plea, Martinez admitted that on Jan. 16, 2018, she was in possession of a firearm and ammunition. Martinez acknowledged that she was prohibited from possessing firearms or ammunition because of her status as a convicted felon.
At sentencing, Martinez faces a maximum penalty of ten years in federal prison. She remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the RPD and is being prosecuted by Assistant U.S. Attorneys Brock E. Taylor and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.
Rio Rancho Man Sentenced to Twelve Years for Federal Child Pornography and Cyberstalking ConvictionRead the Press Release
ALBUQUERQUE – Armando Camarena, 34, of Rio Rancho, N.M., was sentenced on April 20, 2018, in federal court in Albuquerque, N.M., to 12 years in federal prison followed by a lifetime of supervised release for his conviction on child pornography and cyberstalking charges. He also will be required to register as a sex offender after he completes his prison sentence.
Homeland Security Investigations (HSI) arrested Camarena in July 2014, based on a criminal complaint charging him with distributing and possessing visual depictions of minors engaged in sexually explicit conduct. According to the criminal complaint, HSI initiated the investigation leading to Camarena’s arrest after receiving a lead from HSI in Idaho Falls, Idaho, which reported that a 14-year-old girl had received child pornography, child erotica and threatening messages on her iPod from an individual the child met through social media. Investigation revealed that the child pornography and threats were sent from an IP Address used by Camarena. On July 30, 2014, HSI and the Albuquerque Police Department (APD) executed a federal search warrant at Camarena’s residence and seized computer images consistent with child pornography. Camarena was taken into custody at that time.
Camarena was indicted on Aug. 12, 2014, and was charged with receipt of child pornography, possession of child pornography, and cyberstalking. The indictment alleged that Camarena committed the crimes in Sandoval County, N.M., between Dec. 2013 and July 2014.
On Sept. 20, 2017, Camarena pled guilty to the indictment. In his plea agreement, Camarena admitted that in Dec. 2013, he used a social media application to initiate contact with a juvenile victim residing outside New Mexico. When the juvenile victim sought to terminate contact with Camarena in Jan. 2014, Camarena sent the juvenile victim a series of messages in which he threatened to kill and inflict serious bodily injury on the victim and the victim’s family with the intention of causing them substantial emotional distress.
In his plea agreement, Camarena also admitted that in July 2014, he possessed child pornography on his cellular telephone, which he downloaded and received from the internet. Camarena acknowledged that law enforcement officers seized his cellular telephone when they executed a federal search warrant at his residence on July 30, 2014.
This case was investigated by SPEED, the Sexual Predator and Exploitation Enforcement Detail, which is comprised of officers from HSI-Albuquerque office, APD and the Bernalillo County Sheriff’s Office, with assistance from HSI-Idaho and the Idaho Fusion Center.
The case was prosecuted by Assistant U.S. Attorney Jack E. Burkhead 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.
Dona Ana County Man Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Juan Martin Rosales, 49, of Chaparral, N.M., pled guilty today in Las Cruces, N.M., federal court to child pornography charges, announced U.S. Attorney John C. Anderson, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, Sheriff Enrique Vigil of the Dona Ana County Sheriff’s Office, Chief Patrick Gallagher of the Las Cruces Police Department, and Sheriff Benny House of the Otero County Sheriff’s Office.
Rosales was charged by criminal complaint filed in Oct. 2017, with child exploitation and child pornography offenses. The complaint alleged that Rosales sexually exploited children and received and possessed child pornography from Oct. 2015 through Oct 16, 2017, in Dona Ana County, N.M. According to the complaint, the investigation into Rosales was initiated in April 2017, when Rosales’ neighbors reported to the Dona Ana County Sheriff’s Office that Rosales possessed a tablet computer containing child pornography. The complaint also alleged that Rosales used a cellular phone to take photographs of children engaged in sexually explicit conduct. During the execution of a search warrant on Oct. 16, 2017, law enforcement agents recovered numerous SD cards, cellular phones, a tablet computer and other electronic devices from Rosales’ home.
Rosales was indicted on Jan. 17, 2018, and was charged with 15 counts of producing child pornography and three counts of possessing child pornography. The indictment charged Rosales with producing child pornography four times on Sept 28, 2016, and 11 times on Sept. 30, 2016. It also charged Rosales with possessing child pornography on two micro SD cards and a smartphone on Oct. 16, 2017. According to the indictment, Rosales committed the crimes in Otero County, N.M.
During today’s proceedings, Rosales pled guilty to the indictment without the benefit of a plea agreement.
At sentencing, Rosales faces a statutory mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of Homeland Security Investigations, the Dona Ana County Sheriff’s Office, Las Cruces Police Department, and the Otero County Sheriff’s Office. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center tipline at (575) 526-3437.
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.
Zuni Pueblo Man Pleads Guilty to Federal Kidnapping and Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Randell Lonjose, 35, an enrolled member of the Zuni Pueblo who resides in Albuquerque, N.M., pled guilty today in federal court to kidnapping and sexual assault charges under a plea agreement that recommends a 22-year term of imprisonment. Lonjose also will be required to register as a sex offender after completing his prison sentence.
The guilty plea was announced by U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Chief Timothy Trimble of the Zuni Pueblo Tribal Police Department.
Lonjose was arrested on Aug. 23, 2017, on a criminal complaint charging him with sexually abusing a Zuni Pueblo woman in Aug. 2017. According to the criminal complaint, in the early morning hours of Aug. 14, 2017, Lonjose forced his way into the victim’s vehicle through a side window, brandished a knife at the victim and instructed her to drive the vehicle to a deserted area. There, Lonjose forced the victim out of the vehicle and force her to engage in a sexual act with him.
Lonjose was indicted on Sept. 21, 2017, and charged with carjacking, kidnapping, and two counts of aggravated sexual abuse. The indictment alleged that Lonjose committed the crimes on Aug. 14, 2017, on Zuni Pueblo in McKinley County, N.M.
During today’s proceedings, Lonjose pled guilty to kidnapping and one count of aggravated sexual abuse. In entering the guilty plea, Lonjose admitted that in the early morning hours of Aug. 14, 2017, he forced his way into the victim’s vehicle while the victim was driving, threatened the victim with a knife, and attempted to choke and strangle the victim when she did not comply with Lonjose’s demands. Lonjose admitted that after directing the victim to drive to a deserted area, he forced her to engage in a sexual act with him. Lonjose acknowledged that the areas in which he kidnapped the victim and sexually assaulted her were on Zuni Pueblo.
Lonjose 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 Zuni Pueblo Tribal Police Department. This case is being prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni 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.
Mescalero Apache Man Sentenced for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Russel Patrick Bearshield, 30, 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 30 months in prison for his assault conviction. He will be on supervised release for two years after completing his prison sentence.
The BIA arrested Bearshield on June 23, 2017, on a criminal complaint charging him with assaulting a Mescalero Apache woman on Sept. 9, 2016, on the Mescalero Apache Indian Reservation in Otero County, N.M. Bearshield assaulted the woman by throwing a television at her, and by punching, striking and kicking her in the face.
On Oct. 5, 2017, Bearshield pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering the guilty plea, Bearshield admitted that on Sept. 9, 2016, he assaulted the victim by punching her several times with a closed fist. As the result of the assault, the victim suffered a fractured orbital bone, which required surgery.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Former Las Cruces U.S. Customs and Border Protection Officer Pleads Guilty to Obstruction of JusticeRead the Press Release
ALBUQUERQUE – The Justice Department today announced that former U.S. Customs and Border Protection (CBP) officer Christopher M. Holbrook pleaded guilty in federal court in Las Cruces, New Mexico, to obstruction of justice.
The charge stems from Holbrook’s falsification of a report regarding his use of force against an individual, referred to as R.A.M., on March 23, 2015. At the time of the incident, Holbrook, 31, was working as a CBP officer in Las Cruces.
In his plea agreement, Holbrook admitted falsifying an official document. Specifically, Holbrook falsely claimed in his use-of-force report that when he detained R.A.M., R.A.M. actively resisted and attempted to pull away. Holbrook further falsely claimed that he used the minimal amount of force necessary to control R.A.M. but that he lost control and they both fell to the floor. In pleading guilty, Holbrook admitted that in fact, and as he knew at the time, he intentionally swept R.A.M.’s legs out from under him and caused R.A.M.’s head to hit the floor. Holbrook also admitted that he falsified his use-of-force report to avoid getting in trouble with CBP.
Holbrook faces a maximum sentence of 20 years in prison and a $250,000 fine. A sentencing date has yet to be scheduled.
“Federal law enforcement officers have an unassailable duty to uphold the law,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The defendant’s unlawful actions, obstruction of justice, and intentional falsification of a report, undermines the public’s confidence in our criminal justice system. This Justice Department will continue to vigorously prosecute such violations of the law.”
“Law enforcement officers are accorded tremendous power to enforce the law and ensure justice. Preventing the abuse of this authority is necessary to protect the rights of our citizens and to maintain public trust in law enforcement agencies,” said U.S. Attorney John C. Anderson of the District of New Mexico. “Those who take an oath to support and defend the Constitution of the United States must be held accountable when they willfully violate the constitutional rights of others and obstruct justice to cover up their crimes.”
This case was investigated by CBP’s Office of Professional Responsibility. Assistant U.S. Attorney Brock Taylor of the District of New Mexico U.S. Attorney’s Las Cruces Branch Office and Trial Attorney Julia Gegenheimer of the Civil Rights Division of the Department of Justice are prosecuting the case.
Navajo Man from McKinley County Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Vinson Six, 39, an enrolled member of the Navajo Nation who resides in Smith Lake, N.M., pled guilty today in federal court to assault charges.
Six was arrested on Dec. 13, 2017, on a three-count indictment charging him with assault with a dangerous weapon, a knife, assault resulting in serious bodily injury, and robbery. According to the indictment, Six committed the crimes on April 14, 2016, on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Six pled guilty to assault with a dangerous weapon and assault resulting in serious bodily injury. In entering the guilty plea, Six admitted that on April 14, 2016, he forced himself into the victim’s home, and threatened and cut the victim with a knife. Six acknowledged that the victim suffered lacerations to his head and arm, which required medical attention, as the result of the assault.
At sentencing, Six faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Elisa Dimas.
Zia Pueblo Man Sentenced to Prison for Federal Child Abuse ConvictionRead the Press Release
ALBUQUERQUE – Dale Dominic Galvan, 40, an enrolled member of the Zia Pueblo, who resides in Englewood, Colo., was sentenced today in federal court in Santa Fe, N.M., to 23 months in prison followed by one year of supervised release for his conviction on a child abuse charge.
Galvan was indicted on May 12, 2015, and was charged with abandonment or abuse of a child under the age of 18 on April 15, 2014, on the Santa Clara Pueblo in Rio Arriba County, N.M.
On Sept. 18, 2017, Galvan pled guilty to an information charging him with child abuse. In entering the guilty plea, Galvan admitted that on April 15, 2014, he exposed a two-year-old child to inclement weather by leaving the child in a vehicle for at least 20 to 45 minutes on a cold night with a temperature of about 29 degrees Fahrenheit. The child was dressed only in a t-shirt, without a diaper, socks, or pants and was found to be cold and shivering. Galvan further admitted that his actions caused and permitted a substantial and unjustifiable risk of serious harm to the safety and health of the child.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services, and the Santa Clara Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Texas Man Sentenced to Ten Years for Federal Drug Trafficking and Firearms Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Michael Dwain Samples, 26, of Monahans, Tex., was sentenced this morning in federal court in Las Cruces, N.M., to 120 months in prison for his conviction on drug trafficking and firearms charges. Samples will be on supervised release for five years after completing his prison sentence.
The sentence was announced by U.S. Attorney John C. Anderson, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso and Chief Pete N. Kassetas of the New Mexico State Police.
“The everyday work of state and local law enforcement officials is a critical component in protecting our communities from the harmful impact of drugs. In this case, exceptional work by state police turned a routine traffic stop into a major federal drug trafficking prosecution,” said U.S. Attorney John C. Anderson. “The outstanding partnerships that we have between federal and state law enforcement officials in New Mexico is a force multiplier in our efforts to make our communities safer for our families and friends.”
“Homeland Security Investigations is committed to combating narcotics trafficking and other public safety threats impacting the citizens of New Mexico, said Acting Special Agent in Charge Jack P. Staton of HSI in El Paso. “Working with the New Mexico State Police, this investigation took dangerous drugs and firearms off the streets of eastern New Mexico.”
New Mexico State Police Chief Pete Kassetas said, “It is a priority of the New Mexico State Police to keep drugs and criminals off the streets of New Mexico. This case is one example of many in which law enforcement has done its job to prevent dangerous drugs and firearms from entering our communities. We will remain resolute in our commitment to finding these criminal elements and enforcing laws to keep our communities safe.”
Samples’ co-defendant Nicolas Robert Muniz, 26, also of Monahans, Tex., was charged by criminal complaint on June 5, 2017, after law enforcement officers seized approximately 504 grams of methamphetamine, 50 grams of marijuana, and firearms and ammunition from Muniz’s vehicle following a routine traffic stop. During the traffic stop, the officers deployed a drug detection canine on Muniz’s vehicle after observing that Muniz was acting in a suspicious and nervous manner. The officers searched the vehicle and found the drugs after the canine alerted the officers to the presence of controlled substances in the vehicle.
Samples and Muniz were subsequently charged in a six-count indictment on Sept. 13, 2017. Samples and Muniz were charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. Muniz was charged individually with being a felon in possession of a firearm and ammunition and possession of a firearm in relation to a drug trafficking crime. Samples was charged individually with being a felon in possession of a firearm and ammunition and possession of a firearm in relation to a drug trafficking crime. According to the indictment, the defendants committed the offenses on May 16, 2017, in Lea County, N.M. Samples and Muniz were prohibited from possessing firearms or ammunition because of their statuses as convicted felons.
On Oct. 31, 2017, Samples pled guilty to conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, and being a felon in possession of a firearm and ammunition. In entering the guilty plea, Samples admitted that on May 16, 2017, he traveled from Monahans, Texas, to Carlsbad, to purchase approximately 469 grams of methamphetamine with the intention of distributing the methamphetamine to others in exchange for money. Samples further admitted that on May 16, 2017, he was in possession of a firearm and ammunition despite his status as a convicted felon.
On Jan. 16, 2018, Muniz pled guilty to a four-count felony information charging him with conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, being a felon in possession of a firearm and ammunition and possession of a firearm in furtherance of a drug trafficking crime. In entering the guilty plea, Muniz admitted that on May 16, 2017, he agreed to drive Samples from Monahans, Texas to Carlsbad, N.M., to purchase approximately 469 grams of methamphetamine. Muniz further admitted that there was a firearm loaded with several rounds of ammunition under Muniz’s seat in the vehicle Muniz was driving. Muniz admitted that he possessed the firearm and ammunition despite his status as a convicted felon on May 16, 2017, for protection and in furtherance of his drug trafficking activities. Muniz remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorneys Brock E. Taylor and Joni L. Autrey of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Kewa Pueblo Man Pleads Guilty to Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Emery Calabaza, 59, an enrolled member and resident of Kewa Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an aggravated sexual abuse of a minor charge. Under the terms of his plea agreement, Calabaza will be sentenced within the range of 180 to 240 months in federal prison followed by a term of supervised release to be determined by the court. Calabaza also will be required to register as a sex offender.
Calabaza was arrested in June 2017, on a criminal complaint charging him with sexually abusing a Kewa Pueblo child under the age of 12 years on May 30, 2017. Calabaza was subsequently indicted on June 28, 2017. The indictment charged Calabaza with sexually abusing a minor under the age of 12 years on two occasions between May 1, 2017 and June 6, 2017, on Kewa Pueblo in Sandoval County, N.M.
During today’s proceedings, Calabaza pled guilty to a felony information charging him with aggravated sexual abuse. In entering the guilty plea, Calabaza admitted that between May 1, 2017 and June 6, 2017, he sexually abused the victim, who was under the age of 16-years-old. Calabaza remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Joseph M. Spindle 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.
Navajo Man from Arizona Pleads Guilty to Federal Involuntary Manslaughter Charge in New MexicoRead the Press Release
ALBUQUERQUE – Jerome Dayzie, 44, an enrolled member of the Navajo Nation who resides in Roundrock, Ariz., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge.
Dayzie was arrested in Dec. 2017, on a criminal complaint charging him with killing a man on Dec. 9, 2017, on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, Dayzie killed the victim when he hit a trailer parked on the side of the road and flipped the vehicle he was driving and in which the victim was a passenger. At the time of the crash, Dayzie was driving under the influence of alcohol.
During today’s proceedings, Dayzie pled guilty to a felony information charging him with involuntary manslaughter. In entering the guilty plea, Dayzie admitted killing the victim when he crashed the vehicle he was driving into a trailer parked on the side of the road, flipping the vehicle and causing the victim, who was a passenger, to be ejected. Dayzie admitted killing the victim while driving recklessly and under the influence of alcohol, and that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.
At sentencing, Dayzie faces a maximum statutory penalty of eight years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting the case.
Former Los Alamos County Man Pleads Guilty to Endangering Human Life While Manufacturing Controlled SubstanceRead the Press Release
ALBUQUERQUE – Joseph Gonzales, 28, a former resident of Los Alamos County, N.M., who now resides in Albuquerque, N.M., pled guilty today in federal court to endangering human life while illegally manufacturing a controlled substance. Gonzales committed the crime by causing an explosion at an apartment complex while attempting to create hashish oil and wax.
Gonzales was arrested in July 2017, on a three-count indictment charging him with endangering human life while illegally manufacturing a controlled substance, manufacturing a controlled substance, and maintaining a residence for the purpose of manufacturing marijuana and hashish oil. According to the indictment, Gonzales committed the crimes on May 9, 2016, in Los Alamos County, N.M.
During today’s proceedings, Gonzales pled guilty to Count 1 of the indictment charging him with endangering human life while illegally manufacturing a controlled substance. In entering the guilty plea, Gonzales admitted that on May 9, 2016, he was illegally attempting to manufacture hashish oil or wax in an apartment in Los Alamos County by using butane gas to extract THC from marijuana to produce hashish oil or wax. Gonzales also admitted that during the manufacturing process, a build-up of butane gas ignited, causing an explosion which severely burned Gonzales’ body and damaged the apartment complex.
According to his plea agreement, Gonzales possessed a medical marijuana card due to a medical condition. Gonzales admitted that his medical marijuana card did not give him authorization to manufacture hashish oil or wax.
At sentencing, Gonzales faces a maximum penalty of ten years in federal prison and a fine up to $250,000. A sentencing hearing has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Los Alamos Police Department. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case.
Mexican National Sentenced to 150 Months for Violating Federal Drug Trafficking and Firearms Laws in New MexicoRead the Press Release
ALBUQUERQUE – Juan Carlos Varela-Maldonado, 28, a Mexican national illegally residing in the United States, was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 150 months in prison for his conviction on methamphetamine trafficking and being an illegal alien in possession of firearms and ammunition. Varela-Maldonado will be deported after completing his prison sentence.
Varela-Maldonado and co-defendant Oscar Gabriel Mendoza-Bailon, 30, also a Mexican national illegally residing in the United States, were arrested on April 2, 2015, on a criminal complaint charging them with distributing approximately 113 grams of methamphetamine to an individual working with law enforcement on March 23, 2015, in Bernalillo County, N.M. Varela-Maldonado and Mendoza-Bailon subsequently were charged in a two-count indictment filed on April 28, 2015, with methamphetamine trafficking offenses.
The indictment was superseded on Dec. 2, 2015, to add two more charges against Varela-Maldonado. The superseding indictment charged Varela-Maldonado and Mendoza-Bailon with conspiracy and distributing methamphetamine on March 23, 2015. Varela-Maldonado was also charged individually with possession of methamphetamine with intent to distribute and being an illegal alien in possession of firearms and ammunition on April 2, 2015. According to the indictment, the defendants committed the crimes in Bernalillo County.
On Sept. 29, 2016, Varela-Maldonado pled guilty to the indictment without the benefit of a plea agreement.
Mendoza-Bailon entered a guilty plea to a felony information on May 11, 2016, charging him with distribution of methamphetamine. In entering the guilty plea, Mendoza-Bailon admitted that on March 23, 2015, he and Varela-Maldonado sold approximately 111.4 grams of 97.3% pure methamphetamine to an individual working with law enforcement. Mendoza-Bailon was sentenced on Sept. 14, 2016, to 42 months in prison and will be deported after completing his prison sentence.
This case was investigated by the Border Enforcement Security Taskforce of Homeland Security Investigations and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Kristopher N. Houghton, Joel R. Meyers and Peter J. Eicker prosecuted the case.
Eight Charged with Conspiring to Traffic Minors for Commercial Sex in New Mexico and ArizonaRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson, New Mexico Attorney General Hector H. Balderas, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Bernalillo County Sheriff Manuel Gonzales, III, announced today that eight defendants have been indicted on federal child sex trafficking charges. The defendants are charged with conspiring to sex traffic minors in New Mexico and Arizona, to transport minors to engage in criminal sexual activity, and sex trafficking of minors.
The eight defendants, Chante Bickham, 24, Camara Cherry-Amos, 23, Breeauna Langton, 19, Keron Eugene Lucious, 20, Jason L. Jackson, 23, Devin Perkins, 21, and Andrew Wyatt, 29, all of Albuquerque, and John Dompierre, 54, of Phoenix, Ariz., are charged in an 11-count superseding indictment that was filed on April 10, 2018. The superseding indictment charges the eight defendants with conspiring to recruit and force minors to engage in commercial sex acts, and five of the defendants with transporting a minor in interstate commerce for the purpose of engaging in prostitution. It also charges each defendant with sex trafficking of minors. The superseding indictment alleges that the defendants committed the crimes in Bernalillo County, N.M., and elsewhere between Feb. 2017 and Jan. 2018.
Cherry-Amos, Langton, Lucious and Wyatt, who were arrested yesterday, made their initial appearances in federal court in Albuquerque this morning. They remain in custody pending detention hearings, which are scheduled for tomorrow morning, at which time they also will be arraigned on the superseding indictment.
Bickham is in state custody on related state charges and will be transferred into federal custody to answer to the charges in the superseding indictment. Jackson, who was arrested on a related charge in Nov. 2017, is detained on that related charge; his arraignment hearing is currently scheduled for April 16, 2018. Perkins was arrested in Dec. 2017 on a related charge and is detained; his arraignment hearing has yet to be scheduled.
Dompierre has yet to be arrested and is considered a fugitive.
Superseding Indictment 17-CR-03246-MV
Charges and Statutory Penalties
Count 1 charges the eight defendants with conspiracy to commit sex trafficking of minors from Feb. 2017 through Jan. 2018, in violation of 18 U.S.C. §§ 1594 (a) and (c), and carries a mandatory minimum penalty of 15 years and a maximum penalty of life in prison, and a fine of not more than $250,000.
Count 2 charges Bickham, Cherry-Amos, Dompierre, Jackson and Wyatt with conspiracy to transport minors to engage in criminal sexual activity from Nov. 2017 through Jan. 2018, in violation of 18 U.S.C. §§ 2423 (a) and (c), and carries a mandatory minimum penalty of ten years and a maximum of life in prison, and a fine of not more than $250,000.
Counts 3 through 11 charge each of the defendants with sex trafficking of one of two minors on various dates from Feb. 2017 through Jan. 2018, in violation of 18 U.S.C. §§ 1591 (a) and (b)(2), and carries a mandatory minimum penalty of 15 years and a maximum of life in prison, and a fine of not more than $250,000.
Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The investigation of this case was initiated and led by the Bernalillo County Sheriff’s Office and the New Mexico Office of the Attorney General, and thereafter was joined by the Albuquerque offices of the FBI and Homeland Security Investigations. Assistant U.S. Attorney George C. Kraehe is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Bickham Superseding IndictmentFormer Resident of Las Vegas, N.M., Sentenced to Four Years for Synthetic Cannabinoid Trafficking and Money LaunderingRead the Press Release
ALBUQUERQUE – Ray L. Smith, 52, a former resident of Las Vegas, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 48 months of imprisonment for his conviction on drug trafficking and money laundering charges. Smith will be on supervised release for three years after completing his prison sentence. Smith also was ordered to forfeit to the United States $1,062,592 in cash, five properties located in New Mexico and Arizona, and nine vehicles. He also was ordered to pay $5,000 in community restitution and a $5,000 fine.
Smith and co-defendant Tamara Phillips, 47, of Kingman, Ariz., were arrested by the DEA in Feb. 2016, and charged in a four-count indictment that was filed in Feb. 2016, alleging drug trafficking and money laundering offenses. The indictment subsequently was superseded in May 2017, and charged Smith and Phillips with conspiring to distribute synthetic cannabinoids, maintaining premises for the purpose of distributing synthetic cannabinoids, and participating in a conspiracy to launder drug proceeds. According to the superseding indictment, between Feb. 2010 and Feb. 2016, Smith and Phillips participated in a conspiracy to distribute synthetic cannabinoids from three businesses in New Mexico and Arizona owned by Smith that were jointly managed by Smith and Phillips
The superseding indictment alleged that Smith and Phillips used the three businesses – “Smokin Body Jewelry” stores located in Las Vegas, Raton and Kingman – to sell synthetic cannabinoids. Employees at the stores allegedly sold synthetic cannabinoids to customers while acting at the direction of Smith and Phillips. The superseding indictment included information about two alleged drug transactions occurring on Sept. 29, 2015; the first involved the sale of $1,687.46 of synthetic cannabinoids by an employee at the Raton store, and the second involved the sale of $1,556.91 of synthetic cannabinoids by an employee at the Las Vegas store. The superseding indictment included forfeiture allegations seeking forfeiture of property and other assets constituting the proceeds of the drug trafficking offenses charged in the superseding indictment or that were used to facilitate those crimes including seven parcels of real property located in New Mexico and Arizona, funds in 20 bank accounts, a safety deposit box, and four vehicles.
During law enforcement operations executed on Feb. 18, 2016, law enforcement agents and officers seized 18 bank accounts, a safety deposit box and the eight parcels of real property identified in the indictment. They also executed six search warrants, including search warrants for each of the three stores, a second commercial property in Kingman, and two residences. The estimated aggregate value of the real property, currency and other assets seized on Feb. 18, 2016, exceeded $2.3 million, including approximately $380,000 in cash. The agents and officers also seized approximately 11 kilograms (24.2 pounds) of precursor chemicals allegedly shipped from China in the primary residence of Smith and Phillips. In addition, approximately 25 kilograms (55 pounds) of suspected synthetic cannabinoids with a street value of $250,000 were seized from the three stores and the residence of Smith and Phillips.
On Nov. 2, 2017, Smith pled guilty to four counts of the superseding indictment charging him with conspiracy to distribute synthetic cannabinoids, two counts of maintaining a drug-involved premises, and conspiracy to commit money laundering. In entering the guilty plea, Smith acknowledged that from Feb. 2010 through Feb. 2016, he was the founder, owner and proprietor of “Smokin’ Body Jewelry,” which operated at various times from 2010 through 2016 in New Mexico and Arizona. Smith admitted that during that timeframe, he conspired to sell large quantities of synthetic cannabinoids to the general public.
Smith further admitted that synthetic cannabinoids were “Smokin Body Jewelry’s” best-selling item, and that he engaged in the routine practice of mixing, transferring and spreading deposits throughout personal and business bank accounts in order to conceal the source of his revenue as primarily derived from the unlawful sale of synthetic cannabinoids. Smith admitted he used revenue from the sale of synthetic cannabinoids to pay for his personal salary and the salaries of store employees, and to purchase several parcels of land, property and vehicles.
Phillips has entered a plea of not guilty to the charges in the superseding indictment and is scheduled for trial in May 2018. 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 DEA’s offices in Albuquerque, N.M., and Flagstaff, Lake Havasu and Yuma, Ariz., with assistance from the Raton Police Department and the Mohave Area General Narcotics Enforcement Team. Assistant U.S. Attorneys Shaheen P. Torgoley and Joel R. Meyers are prosecuting the case.
The synthetic cannabinoids charged in the indictment are commonly referred to as “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
Laguna Pueblo Man Sentenced to Prison for Federal Assault by Strangulation ConvictionRead the Press Release
ALBUQUERQUE – Howard Francis, 53, an enrolled member and resident of Laguna Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison for his conviction on an assault by strangulation charge. Francis will be on supervised release for three years after completing his prison sentence.
Francis was arrested on Oct. 18, 2016, on a criminal complaint charging him with assault of an intimate partner by strangulation. According to the complaint, Francis assaulted the victim, a Navajo woman, on Oct. 11, 2016, in the Laguna Pueblo within Cibola County, N.M., by grabbing the victim’s hair, and hitting her in the face with a closed fist. It also alleged that Francis used his forearm to pin the victim by the neck to the bed, making it difficult for the victim to breathe, and placed a pillow over the victim’s face while attempting to suffocate her.
Francis was indicted on Nov. 1, 2016, and was charged with assault of an intimate partner by strangulation or suffocating and attempting to assault an intimate partner by suffocating.
On Oct. 26, 2017, Francis pled guilty to Count 1 of the indictment, which charged him with assaulting an intimate partner by strangulation. In entering the guilty plea, Francis admitted that on Oct. 11, 2016, he grabbed the victim by the hair and hit her in the face while demanding the victim’s cellular phone. Francis further admitted that as the victim attempted to leave the room, he grabbed her by the hair, dragged her back to the bed, and placed his forearms across her neck and applying pressure to her throat. As the result of the assault, the victim sustained injuries to her face, throat and body, including bruising and red petechiae.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services and the Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorney Raquel Ruiz-Velez prosecuted the case pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Christopher Cook Sentenced to 212 Months for Being Armed Career Criminal Unlawfully in Possession of Firearm in Jan. 2015, when he Shot an Albuquerque Police OfficerRead the Press Release
ALBUQUERQUE – Christopher Cook, 40, of Albuquerque, N.M., was sentenced this morning in U.S. District Court in Santa Fe, N.M., to 212 months in prison for being an armed career criminal unlawfully in possession of a firearm and ammunition on Jan. 3, 2015, the day he shot and seriously injured Officer Lou Golson of the Albuquerque Police Department (APD). Cook will be on supervised release for three years after completing his prison sentence.
The sentence was announced by U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief of Police Michael Geier of the Albuquerque Police Department (APD).
Cook previously pled guilty in the Second Judicial District Court for the State of New Mexico to state charges arising from the Jan. 3, 2015, shooting of Officer Golson, including shooting at or from a motor vehicle (great bodily harm), aggravated battery on a police officer and receiving or transferring a motor vehicle. Cook was sentenced on the state charges on July 10, 2016, to 20 years in state custody.
Cook’s convictions on both federal and state charges were the result of a collaborative investigative effort involving the U.S. Attorney’s Office, Second Judicial District Attorney’s Office, ATF, FBI, U.S. Marshals Service, APD, Bernalillo County Sheriff’s Office, and New Mexico State Police.
Cook initially was charged with being a felon in possession of a firearm in a criminal complaint filed by ATF on Jan. 6, 2015. The criminal complaint alleged that Cook unlawfully possessed a firearm and ammunition on Jan. 3, 2015, when Cook shot APD Officer Golson during a traffic stop in Bernalillo County, N.M. On March 10, 2015, Cook was indicted on that same charge. According to court records, Cook was prohibited from possessing either firearms or ammunition on Jan. 3, 2015, because he previously has been convicted of at least eleven felony offenses, including two involving attempted aggravated assaults on peace officers.
On Sept. 9, 2016, Cook entered a guilty plea to the indictment without the benefit of a plea agreement.
This case was investigated by the Albuquerque Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department, the U.S. Marshals Service, the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office and the New Mexico State Police with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
Cook is being prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of removing them from communities in New Mexico for as long as possible.
Former Youth Minister from Las Cruces Pleads Guilty to Federal Child Sexual Exploitation ChargeRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson and Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso announced today that Stephen Mendoza Arellano, 30, of Las Cruces, N.M., pleaded guilty in federal court to traveling in interstate commerce for the purpose of engaging in sexual contact with a minor. The plea agreement recommends that Arellano be sentenced to a prison term of 57 to 71 months followed by 15 years of supervised release.
HSI Special Agents arrested Arellano on Oct. 7, 2017, on a criminal complaint charging him with attempted production of child pornography, enticement of a child to engage in sexual activity, and travel to meet a minor to engage in sexual conduct between May 2017 and Aug. 2017 in Dona Ana County, N.M., and elsewhere. At the time of his arrest, Arellano was an ordained minister of the Apostolic Assembly Church and was serving as the Church’s District of New Mexico Youth President. According to the criminal complaint, Arellano traveled from Las Cruces to El Paso, Tex., with the intention of having illicit sexual contact with the child victim who was 15-years-old when he began contacting her.
The complaint noted that Arellano was a National Ordained Minister for the Apostolic Assembly Church, at the time, held the title of District of New Mexico Youth President, and was a member of the same church as the victim. HSI initiated the investigation into Arellano after receiving a report from the parents of Arellano’s victim. According to the criminal complaint, Arellano began communicating with the victim in a sexually explicit manner in May 2017, when the victim was fifteen-years-old; sent nude photos of himself to the victim and requested nude photos of the victim via cellular phone messaging between May 2017 and Aug. 2017; and engaged in sexual activity with the victim in July and Aug. 2017. The investigation revealed that Arellano was aware of the victim’s age because he assisted in making a video for the victim’s Sweet 16 birthday party.
During today’s proceedings, Arellano pled guilty to a felony information charging him with interstate travel with intent to engage in a sexual act with a minor. In entering the guilty plea, Arellano admitted that in the early summer of 2017, he began to pursue a romantic relationship with the 15-year-old minor victim, whom he knew through the Apostolic Assembly Church and their families’ relationship. Arellano admitted that in June 2017, he traveled from Las Cruces to El Paso, Texas, with the intent to engage in illicit sexual contact with the victim. Arellano also admitted to attempting to engage in that contact.
Arellano has been in custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of HSI and the Las Cruces Police Department. The case is being prosecuted by Assistant U.S. Attorney Marisa A. Ong 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/.
Farmington Felon Pleads Guilty to Federal Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Gerald Soliz, 42, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to drug trafficking and firearms charges in three separate criminal cases. Soliz’s plea agreement recommends a sentence within the range of 100 to 125 months of imprisonment.
Soliz and two other Farmington residents were charged in three separate indictments filed in July 2017, alleging drug trafficking and firearms offenses. The indictments were the result of a multi-agency investigation into a drug trafficking organization allegedly trafficking methamphetamine, heroin and firearms in San Juan County, N.M.
The investigation, which was led by the FBI and the HIDTA Region II Task Force was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The first indictment charges Soliz with distributing methamphetamine on Nov. 3, 2016, Jan. 4, 2017, Jan. 17, 2017, and Jan. 30, 2017. The second indictment charges Soliz and co-defendant Chad McKinney, 31, with being felons in possession of firearms and ammunition and possessing and transferring a machine gun on Dec. 14, 2016. According to the second indictment, Soliz was prohibited from possessing firearms or ammunition because he had previously been convicted of possession of a controlled substance and child sexual assault, and McKinney was prohibited from possessing firearms and ammunition because he had previously been convicted of forgery, unlawful taking of a vehicle and importing more than 50 kilograms of marijuana. The third indictment charges Soliz and co-defendant Marcus McGee, 43, with conspiring to distribute methamphetamine from Dec. 1, 2016 through Dec. 3, 2016, and distributing methamphetamine on Dec. 3, 2016. McGee was charged individually with distributing methamphetamine and heroin, possessing a firearm in furtherance of a drug trafficking crime and being a felon in possession of a firearm and ammunition on May 23, 2017. McGee was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a controlled substance.
During today’s proceedings, Soliz entered a guilty plea to charges in the three separate indictments. Specifically, Soliz pled guilty to two counts of distributing methamphetamine and to being a felon in possession of a firearm and ammunition.
In entering the guilty plea, Soliz admitted that he distributed approximately 91.2 grams of methamphetamine to an undercover law enforcement agent on Dec. 3, 2016, and approximately 249 grams of methamphetamine to an undercover law enforcement agent on Jan. 4, 2017. Soliz also admitted that on Dec. 14, 2016, he acted as the middleman to arrange the sale of a machinegun and participated in the sale of the machinegun to an undercover law enforcement agent. Soliz acknowledged that he was prohibited from possessing firearms and ammunition because he had previously been convicted of at least three separate felony offenses. Soliz remains in custody pending a sentencing hearing that has yet to be scheduled.
McKinney and McGee have both entered pleas of not guilty to the charges against them. Charges in indictments are only accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
These cases were investigated by the Farmington office of the FBI and the HIDTA Region II Task Force. Assistant U.S. Attorney Peter J. Eicker is prosecuting the three cases.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Navajo Man Pleads Guilty to Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Alton Jay Cowboy, 48, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the 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.
Cowboy was charged by indictment on Feb. 27, 2018, with violating SORNA by failing to update his sex offender registration from April 4, 2017 through Dec. 27, 2017, in Bernalillo County, N.M.
During today’s proceedings, Cowboy pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Cowboy 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. Cowboy remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Mexican National Sentenced for Conviction on Federal Heroin and Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Lorenzo A. Ruiz-Gonzalez, 26, entered a guilty plea to heroin and methamphetamine trafficking charges today in federal court in Las Cruces, N.M. Immediately thereafter, Ruiz-Gonzales was sentenced to 70 months of imprisonment. He will be deported after completing his prison sentence.
Ruiz-Gonzalez , a Mexican national who had been residing in El Paso, Texas, was arrested in July 2017, after New Mexico State Police (NMSP) officers found approximately 1,061.1 grams of methamphetamine and 612 grams of heroin inside Ruiz-Gonzalez’s vehicle during a routine traffic stop on Interstate 10 in Dona Ana County, N.M.
Today, Ruiz-Gonzalez pled guilty to a felony information charging him with possession of methamphetamine and heroin with intent to distribute. In entering the guilty plea, Ruiz-Gonzalez admitted that on July 13, 2017, he drove a vehicle containing approximately 856.8 grams of methamphetamine and 493 grams of heroin. Ruiz-Gonzalez admitted that he was in the process of delivering the drugs to another when he was pulled over by law enforcement for a traffic violation.
This case was investigated by the Las Cruces office of the FBI and the NMSP. The case was prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Texas Businessman Pleads Guilty to Participating in Multi-Million Dollar Fraud Scheme that Exploited Big Crow Program Office at Kirtland Air Force BaseRead the Press Release
ALBUQUERQUE – Jose Diaz, 58, a businessman from El Paso, Texas, pleaded guilty today in federal court in Albuquerque, N.M., to participating in a fraudulent scheme to defraud the United States out of millions of dollars through contracts involving the now defunct Big Crow Program Office at Kirtland Air Force Base in Bernalillo County, N.M.
Diaz entered his guilty plea to three counts, a conspiracy charge and two fraud charges, of the 46-count Indictment in which he is charged. Diaz’ plea agreement, attached to this press release, includes a nine and a half page admission of facts in which he acknowledges and accepts responsibility for the criminal conduct attributed to him in the indictment.
Diaz remains on conditions of release pending his sentencing hearing, which has yet to be scheduled. His sentencing exposure on the charges to which he pleaded guilty, is discussed below. Under the terms of the plea agreement, the United States will move to dismiss the remaining charges against Diaz after his sentencing hearing.
Summary of the Indictment
Diaz and three co-defendants, Milton Boutte, 72, of Moriarty, N.M., George Lowe, 56, of Fort Washington, Md., and Arturo Vargas, 55, of El Paso, Texas, were indicted in Nov. 2017, in a 46-count indictment charging them with perpetuating a fraudulent scheme to defraud the United States from Oct. 2004 through Feb. 2009, in Bernalillo County, N.M., and elsewhere. The indictment generally alleged that the defendants perpetuated their scheme by submitting fraudulent invoices to federal agencies and fraudulently participating in a government program intended to promote minority-owned small businesses. According to the indictment, beginning in fall 2004, Boutte, who was then the Director of the Big Crow Program Office, and Lowe, a lobbyist, conspired and schemed with Diaz and Vargas, owners of minority-owned small businesses who had contracts with the Big Crow Program Office, to pay lobbyists, consultants and contractors with funds fraudulently obtained from the United States. The defendants allegedly did so even though the Big Crow Program Office was not authorized to lobby or to expend appropriated funds for lobbying activities under the contracts they were operating under.
The indictment alleged that the defendants facilitated their fraudulent scheme by exploiting a U.S. Small Business Administration (SBA) program intended to promote the development of small businesses owned by socially and economically disadvantaged individuals by making them eligible to obtain sole-source contracts from government agencies without competitive bidding. In April 1995, Diaz enrolled his company, Miratek, in the SBA program and in 2004 Miratek received a sole-source contract to provide technical and managerial support for the Big Crow Program Office. After the sole-source contract was awarded to Miratek, the defendants allegedly conspired fraudulently to misapply funds to pay Lowe and other lobbyists for lobbying on Big Crow’s behalf, allegedly diverting at least $529,000 of the contract funds to pay Lowe and his firm, Broadcreek Associates. This allegedly violated the conditions of the SBA program and of Miratek’s contract because lobbying services were not within the authorized scope of work and because Lowe was not an employee of Miratek. In furtherance of their alleged frauds, the defendants allegedly disguised the nature of the claims for services purportedly provided by Lowe and other lobbyists.
The indictment alleged that, in April 2004, after Miratek’s eligibility for the SBA program expired, the defendants created a joint venture to take its place in the fraudulent scheme. According to the indictment, Diaz and Vargas created a joint venture known as Vartek, LLC, to afford Diaz the ability to continue to have access to sole-source contracts under the SBA program and to enable the defendants to continue to perpetuate their scheme to defraud the United States. The indictment alleges the SBA relied on the promises and representations of Diaz and Vargas and approved the Vartek joint venture on Dec. 20, 2005. Vartek was awarded two sole-source contracts, valued at approximately $3,209,116 and $3,847,939, respectively, to provide technical and analytical support for the Big Crow Program Office similar to the contracts previously awarded to Miratek.
The indictment further alleged that Diaz and Vargas misappropriated funds authorized under the Vartek contracts to pay Lowe and other unauthorized lobbyists, consultants and contractors at Boutte’s direction. Diaz and Vargas allegedly submitted fraudulent invoices to the U.S. Army Contracting Agency containing claims for payment for services purportedly provided by Lowe and other lobbyists, consultants and contractors. To conceal and disguise the nature of those payments, the defendants allegedly misrepresented in those invoices that Lowe and other lobbyists, consultants and contractors were Vartek employees. To further disguise the diversion of large sums, the defendants allegedly made fictional claims for work purportedly performed under the contracts by other persons. The defendants allegedly fabricated the hours that those purported employees worked on the contracts. Diaz and Vargas allegedly falsely represented that the lobbyists and consultants were “project managers” and billed the government at or near the highest rate allowed under the contracts. In aggregate, the defendants fraudulently claimed and obtained payments under the Vartek contracts totaling more than $5,800,000 for lobbyists, consultants and unauthorized contractors, of which at least $506,000 was diverted and paid to Lowe and his firm, Broadcreek Associates. Diaz also falsified and fabricated the hours that he himself worked under those contracts.
The indictment includes forfeiture provisions requiring that the defendants forfeit to the United States any property, real or personal, which constitutes or is derived from proceeds of their crime if the defendants are convicted of the offense of conspiracy to commit wire fraud.
Statutory Penalties for Charges in Indictment 17-CR-3338-JB
Count 1 charges Boutte, Diaz, Vargas and Lowe with conspiracy to defraud the United States with respect to claims, in violation of 18 U.S.C. § 286, and carries a maximum penalty of ten years of imprisonment and a fine of not more than $250,000 or twice the pecuniary loss or gain.
Count 2 charges Boutte, Diaz, Vargas and Lowe, with conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and carries a maximum penalty of 20 years of imprisonment and a fine of not more than $250,000 or twice the pecuniary loss or gain.
Counts 3 and 4 charge Boutte, Diaz and Vargas with fraud against the United States, in violation of 18 U.S.C. § 1031, and aiding and abetting such fraud, in violation of 18 U.S.C. § 2. Each charge carries a maximum penalty of 20 years of imprisonment and a fine not more than $5,000,000 if the loss is less than $500,000, but not to exceed $10,000,000 in the aggregate.
Counts 5 through 46 charge certain of the defendants with making false, fictitious and fraudulent claims, in violation of 18 U.S.C. § 287, and aiding and abetting the making of such claims, in violation of 18 U.S.C. § 2. Each charge carries a maximum penalty of five years of imprisonment and a fine of not more than $250,000. Counts 5 through 9 charge Boutte, Diaz and Lowe; Counts 10 through 22 charge Boutte, Diaz, Vargas and Lowe; Counts 23 through 24 charge Boutte, Diaz and Vargas; and Counts 25 through 46 charge Boutte, Diaz and Vargas.
Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Major Procurement Fraud Unit of the U.S. Army Criminal Investigations Command, Defense Criminal Investigations Services, Defense Contract Audit Agency – Investigative Support, and U.S. Small Business Administration Office – Office of Inspector General, and General Services Administration – Office of Inspector General. Assistant U.S. Attorneys Timothy S. Vasquez and Jeremy Peña are prosecuting the case.
Plea AgreementMexican National Sentenced to 210 Months for Conspiring with Edgewood Man to Distribute Heroin Resulting in User’s DeathRead the Press Release
ALBUQUERQUE – Rosendo Flores Angulo, 40, a Mexican national, was sentenced today in federal court in Santa Fe, N.M., to 210 months of imprisonment for participating in a conspiracy to distribute heroin that resulted in the death of the user. Angulo will be deported after he completes his prison sentence.
This case was initiated on Sept. 18, 2015, by the filing of a criminal complaint charging Angulo with heroin trafficking charges based on a number of heroin sales to two undercover DEA agents in Bernalillo and Sandoval Counties, N.M., between July 2015 and Sept. 2015. On Oct. 20, 2015, Angulo and co-defendant Curtis Hutchinson, 32, of Edgewood, N.M., were indicted and charged with participating in a heroin trafficking conspiracy. In addition to the conspiracy charge, the 17-count indictment charged both men with two counts of heroin distribution and Angulo alone with an additional 14 counts of heroin distribution.
On May 25, 2016, a federal grand jury returned an 18-count superseding indictment against Angulo and Hutchinson that added a “death resulting” count charging that the two men had conspired to distribute, and had distributed, heroin that resulted in the death of the person who used the drug. According to the superseding indictment, on April 29, 2015, Angulo and Hutchinson distributed heroin to a person who died as a result of using that heroin. The two men were charged with committing this crime in Bernalillo County.
On March 8, 2017, Angulo entered a guilty plea to a felony information charging him with conspiracy to distribute heroin. In his plea agreement, Angulo admitted being a mid-level drug dealer who distributed heroin to low-level drug dealers and heroin users in Albuquerque in 2014 and 2015. Hutchinson was one of the low-level drug dealers to whom Angulo supplied heroin. Angulo admitted supplying heroin to Hutchinson on April 29, 2015, and acknowledged learning that Hutchinson sold some of the heroin to a young man, who collapsed and died after using the heroin. The plea agreement states that a medical toxicologist concluded that the heroin was the cause of the young man’s death; the young man would not have died if he had not used the heroin.
Hutchinson previously pled guilty on Sept. 22, 2016, to conspiring with Angulo to distribute heroin that resulted in the death of a person who used the heroin. When Hutchinson entered his guilty plea, he admitted selling $20.00 of heroin – approximately 0.25 of a gram – to an acquaintance on April 29, 2015, and acknowledged learning that the acquaintance died as result of using that heroin. At sentencing, Hutchinson faces a statutory penalty of not less than 20 years and not more than life imprisonment. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
The Albuquerque office of the DEA investigated this case, which is being prosecuted by Assistant U.S. Attorney Timothy S. Vasquez, as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Former Officers of New Mexico-Based Defense Contractor Sentenced for Convictions Arising Out of Fraudulent Kickback Scheme Relating to Iraq Rebuilding EffortsRead the Press Release
ALBUQUERQUE – Two former officers of a New Mexico-based defense contracting firm were sentenced late yesterday afternoon in federal court in Santa Fe, N.M., for convictions arising out of their involvement in a scheme to solicit and accept kickbacks in return for favorable treatment in awarding subcontracts relating to wartime rebuilding projects in Iraq.
Senior U.S. District Judge Martha Vazquez sentenced Neal Kasper, 68, of Great Falls, MT, to 41 months of imprisonment followed by two years of supervised release. Kasper also was ordered to forfeit to the United States $431,911, which represents part of the net profit he derived from the crimes with which he was charged in this case. Of this amount, Kasper is wholly responsible for $303,084 and jointly responsible with White for $136,827. Judge Vazquez sentenced Kasper’s wife, Tiffany White, 51, of Cibolo, Tex., to one day of imprisonment, or time served, followed by two years of supervised release. White also was ordered to pay $33,997 in restitution to the IRS and to forfeit jointly with Kasper $136,827 to the United States.
The sentences were announced by U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Office of IRS Criminal Investigation, and Special Agent in Charge Janice M. Flores of the Defense Criminal Investigative Service Southwest Field Office in Arlington, Tex.
Kasper and White are former officers of a New Mexico-based defense contractor, who, together with Bradley Christiansen and Sara Christiansen, both of Albuquerque, and four foreign nationals, were charged with conspiring to defraud the United States of more than $5 million through wire fraud in an indictment filed in Feb. 2012. The indictment also charged the defendants with wire fraud offenses and with offering and receiving illegal kickbacks. In addition, Kasper, White, Christiansen and Sara Christiansen were charged with money laundering offenses, and Christiansen with tax evasion offenses. The indictment was superseded in Aug. 2013, after Christiansen entered a guilty plea and the charges against Sara Christiansen and one of the foreign nationals were dismissed. Kasper and White entered guilty pleas in Feb. 2016.
According to court filings, during the Iraqi war and continuing through 2011, the United States funded numerous construction and rebuilding projects in Iraq and Jordan, including contracts administered by the United States Air Force Center for Engineering and the Environment (AFCEE). Laguna Construction Company, Inc. (LCC), a minority disadvantaged business wholly owned by the Pueblo of Laguna, successfully bid and was awarded multiple contracts, including AFCEE contracts, for wartime reconstruction and rebuilding projects in Iraq and Jordan. From 2003 through 2009, LCC administered more than $350 million of Iraqi and Jordanian reconstruction contracts.
LCC was required to award subcontracts to foreign companies by generating requests for proposals and soliciting independent subcontract bids from qualified foreign companies. All subcontract bids were required to be independently prepared by the subcontractors without collusion from LCC, and LCC was required objectively to evaluate the bids and to award the subcontracts to the lowest qualified bidders. LCC and its personnel were prohibited from accepting anything of value, whether gifts, bribes or kickbacks, from the bidders. According to the superseding indictment, from Jan. 2004 through Feb. 2009, Kasper, Christiansen and White, who were officers and employees of LCC but not members of the Pueblo of Laguna, conspired with the four foreign nationals to defraud the United States of more than $5 million. They also conspired to launder the illegal kickbacks they received from the foreign nationals to conceal the unlawful nature of the proceeds.
Court filings reflect that AFCEE awarded two prime contracts to LCC relating to United States’ reconstruction efforts in Iraq, which required LCC to serve as a prime contractor and provide construction management services in response to task orders from AFCEE. From 2003 through 2009, LCC received and administered approximately $397 million through the two contracts which contemplated that LCC would award work to subcontractors to complete reconstruction projects. Christiansen was hired as a LCC division manager in 2002 by Kasper, who was then president of LCC, and became LCC’s operations manager and vice president of operations in 2005. In that capacity, Christiansen oversaw all LCC Iraq reconstruction projects under the supervision of Kasper, who was in charge of all of LCC’s construction operations, including those involving wartime reconstruction efforts in Iraq and Jordan.
Beginning in Dec. 2004, Kasper, Christiansen, White and others sought and obtained payments for task orders under the prime contracts under false pretenses by repeatedly certifying that all subcontracts were awarded pursuant to competitive bidding procedures when in fact they were accepting kickbacks from subcontractors in return for awarding subcontracts to them. From Dec. 2004 through Feb. 2009, Kasper, Christiansen, White and others conspired with the four foreign nationals to defraud the United States by soliciting and accepting kickbacks from the foreign nationals in return for awarding them subcontracts. Kasper and Christiansen accepted numerous kickbacks from the foreign nationals.
During his change of plea hearing on Feb. 26, 2016, Kasper pled guilty to one count of wire fraud and one count of conspiracy to provide, solicit and accept kickbacks. In his plea agreement, Kasper admitted that from Dec. 2005 through Feb. 2009, while he was President of LCC, he conspired with others to accept improper payments from subcontractors in connection with subcontracts let by LCC. Kasper also admitted accepting wire transfers totaling $204,356 in improper payments from subcontractors between April 2007 and Nov. 2008.
Also on Feb. 26, 2016, White pleaded guilty to a wire fraud charge in the superseding indictment and a felony information charging her with one count of filing a false tax return. In her plea agreement, White admitted that while she was LCC’s Compliance Manager for federal contracts, she submitted subcontract bids to Kasper and Christiansen without proper compliance review and with knowledge that the bids would be altered so that particular subcontractors would be selected. The selected subcontractors then paid kickbacks to Kasper, Christiansen and White. White’s plea agreement provides details of how the kickback scheme operated and how Kasper, Christiansen and she used illegal kickbacks to pay for improvements to their homes and for other personal purposes. White also admitted failing to declare $93,912 she received in illegal kickbacks as income when she filed her 2008 federal tax return.
Christiansen pled guilty in July 2013, to conspiracy to provide, solicit and accept kickbacks and to solicitation and receipt of kickbacks and tax evasion, respectively. In his plea agreement, Christiansen admitted receiving his first kickback in Dec. 2004, through Kasper, who had received a $20,000 kickback and shared half with Christiansen. According to Christiansen, from Jan. 2005 through Feb. 2009, Kasper and he received numerous kickbacks from the foreign nationals, which they split 50/50. In addition to approximately $360,000 in monetary kickbacks, Christiansen also admitting to receiving a 2006 Porsche Cayman valued at $65,163, a Ford GT350 Shelby valued at $290,000, several watches valued at an aggregate of $103,800 as kickbacks from the foreign nationals. Christiansen also admitted that he willfully failed to declare the kickback payments and assets he received from the foreign nationals as personal income when filing his federal income tax returns in 2006, 2007 and 2008. As a result, Christiansen evaded approximately $389,413 in federal taxes.
The three foreign nationals who remain under indictment, Ramzi Snobar and Yacoub Snobar, citizens of Jordan, and Mustapha Ahmad, a dual citizen of Lebanon and Great Britain, have yet to be arrested and are considered fugitives. The charges in the indictment against these three defendants are merely allegations and the defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
The case is being prosecuted by Assistant U.S. Attorneys Jonathon M. Gerson and Shana B. Long, and was investigated by the Albuquerque Division of the FBI, the Albuquerque office of IRS Criminal Investigation, the Southwest Field Office of the Defense Criminal Investigative Service and the Defense Contract Audit Agency. Assistant U.S. Attorney Stephen R. Kotz is handling the related forfeiture proceedings.
Former Employee of Bernalillo Public Schools Pleads Guilty to Federal Program Fraud ChargesRead the Press Release
ALBUQUERQUE – Antoinette Garcia, 45, of Bernalillo, N.M., pled guilty today in federal court in Albuquerque, N.M., to committing federal program fraud.
Garcia was indicted on June 28, 2017, and was charged with committing federal program fraud by embezzling federal education grant funds received by the Bernalillo Public Schools system between Jan. 2014 and Dec. 2015. According to the indictment, the Bernalillo Public Schools system received benefits in excess of $10,000 of federal education grants in 2014 and 2015. The indictment alleged that, during each of those two years, Garcia was an agent of the Bernalillo Public Schools system and embezzled and stole at least $5,000 that had been entrusted to the Schools system. The indictment alleged that Garcia committed the offenses in Sandoval County, N.M.
During today’s proceedings, Garcia pled guilty to the indictment, and admitted that in 2014 and 2015, she stole between $40,000 and $95,000 intended for the Bernalillo Public Schools system. Garcia admitted stealing funds that were intended to pay for childrens’ education and supplies, and by writing herself checks with school money instead of paying school-related expenses.
At sentencing, Garcia faces a statutory maximum penalty of ten years of imprisonment, a $250,000 fine, and restitution as ordered by the Court. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Lieutenant from Kirtland Air Force Base Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Jesse Furse, 35, of Albuquerque. N.M., pled guilty today to federal child pornography offenses. At the time he committed the offenses, Furse was a Lieutenant with the U.S. Air Force and was stationed at Kirtland Air Force Base.
Furse was arrested on Feb. 10, 2017, on a criminal complaint alleging child pornography charges. The investigation into the case was initiated in Oct. 2015, when an agent with the New Mexico Internet Crimes against Children (ICAC) Task Force came upon a device using a specific IP address that allegedly was being used to share child pornography. In Jan. 2016, after investigation by APD revealed that the IP address was registered to Furse at an address located on Kirtland Air Force Base, the investigation was referred to the Air Force Office of Special Investigations (AFOSI). On Jan. 29, 2016, AFOSI obtained a search warrant for Furse’s residence from a Military Magistrate, and AFOSI and APD executed the search warrant and seized a computer and computer-related media from Furse’s residence. The FBI joined the investigation in Feb. 2016, and obtained a federal search warrant for the computer-related evidence seized from Furse’s residence in March 2016.
Court documents indicate that the computer-related evidence seized from Furse’s residence was encrypted, and experts at the FBI’s Regional Computer Forensics Laboratory (RCFL) repeatedly attempted to access the computer-related evidence between March 2016 and Feb. 2017. In Feb. 2017, RCFL experts were able to access the computer-related evidence, and a preliminary review of the contents of a hard drive seized from Furse’s residence indicated that it contained approximately 1400 video files of child pornography.
Furse subsequently was charged on Feb. 28, 2017, in a nine-count indictment with distributing visual depictions of minors engaged in sexually explicit conduct on eight occasions between Oct. 2015 and Jan. 2016, and possessing visual depictions of minors engaged in sexually explicit conduct between May 2014 and Jan. 2016. The indictment charged Furse with committing the crimes in Bernalillo County, N.M.
During today’s proceedings, Furse pled guilty to the nine-count indictment. In entering the guilty plea, Furse admitted that he made available for sharing, through online peer-to-peer file sharing software, approximately 58,529 image and video files containing child pornography on eight occasions between Oct. 10, 2015 and Jan. 17, 2016. Furse further admitted that from March 2015 through Jan. 2016, he possessed an external hard drive that contained approximately 1,436 video files and 13,335 image files of child pornography.
At sentencing, Furse faces a statutory mandatory minimum of five years and a maximum of 20 years of imprisonment on the distribution charges, and a statutory maximum of 20 years of imprisonment on the possession charge.
The investigation of this case was handled by the Albuquerque office of the FBI, New Mexico ICAC Task Force, AFOSI, APD, and RCFL. Assistant U.S. Attorneys Sarah Mease and Jonathon M. Gerson 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, 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.
Grants Man Sentenced to 70 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jeffrey Chavez, 32, of Grants, N.M., was sentenced today in federal court in Albuquerque, N.M., to 70 months in prison for his methamphetamine trafficking conviction. Chavez will be on supervised release for four years after completing his prison sentence.
Chavez was arrested on March 10, 2017, on an indictment charging him with distributing methamphetamine on June 11, 2015, in Cibola County, N.M. On Oct. 4, 2017, Chavez pled guilty to a felony information charging him with distributing methamphetamine. In entering the guilty plea, Chavez admitted that on June 11, 2015, he sold approximately 82.8 grams of pure methamphetamine to an individual working with law enforcement in exchange for $1,800.
This case was investigated by Homeland Security Investigations and the DEA, and was prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.
Carlsbad Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Jamie Moreno, 34, of Carlsbad, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Moreno and co-defendant Jesus Sanchez, 30, also of Carlsbad, were arrested in Feb. 2018, on a seven-count indictment charging them with methamphetamine trafficking offenses. Moreno and Sanchez were charged with conspiracy and distributing methamphetamine on Sept. 28, 2017. The indictment also charged Sanchez with distributing methamphetamine on May 23, 2017, June 1, 2017, June 30, 2017, Aug. 16, 2017, and Aug. 23, 2017. According to the indictment, Moreno and Sanchez committed the offenses in Eddy County, N.M.
During today’s proceedings, Moreno pled guilty to Counts 6 and 7, charging her with conspiracy and distribution of methamphetamine. In entering the guilty plea, Moreno admitted that on Sept. 28, 2017, she distributed approximately 427.7 grams of pure methamphetamine to an undercover law enforcement agent.
At sentencing, Moreno faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. She remains in custody pending a sentencing hearing which has yet to be scheduled.
Sanchez has entered a plea of not guilty to the charges against him. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Isleta Pueblo Man Sentenced to Prison for Federal Robbery ConvictionRead the Press Release
ALBUQUERQUE – Gilbert J. Zuni, 31, an enrolled member of the Isleta Pueblo who resides in Bosque Farms, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 33 months of imprisonment for his conviction on a robbery charge. Zuni will be on supervised release for three years after completing his prison sentence.
Zuni was charged with robbery in a felony information filed on Dec. 19, 2017. The information charged that Zuni committed the offense by unlawfully taking a purse and its contents on July 8, 2016, on Laguna Pueblo in Bernalillo County, N.M.
Zuni pled guilty to the felony information on Dec. 19, 2017, and admitted that on July 8, 2016, while at the Route 66 Casino on the Laguna Pueblo, he followed the victim to her vehicle, pushed the victim down, retrieved her purse from the floorboard of her vehicle, and fled in a vehicle driven by another person. Zuni admitted the purse contained checks and credit cards, and that the victim reported a loss of approximately $2,462.47.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Albuquerque Man Pleads Guilty to Federal Mail Theft, Drug Trafficking, Firearms and Identity Theft ChargesRead the Press Release
ALBUQUERQUE – Nathan Berke, 38, of Albuquerque, N.M., pled guilty today in federal court to drug trafficking, firearms, mail theft, and aggravated identity theft charges under a plea agreement that recommends that he be sentenced to a term of imprisonment within the range of 120 to 204 months. The guilty plea was announced by U.S. Attorney John C. Anderson and Inspector in Charge Melisa Llosa of the Phoenix Division of the U.S. Postal Inspection Service.
Berke and co-defendant Joann Bell, 37, also of Albuquerque, were charged on May 24, 2017, in a 14-count indictment with drug trafficking, firearms, mail theft, bank fraud and aggravated identity theft offenses. Bell pled guilty in Dec. 2017, and on Dec. 5, 2017, a superseding indictment charging Berke individually, was filed.
The 13-count superseding indictment charged Berke with the following offenses: participation in a methamphetamine trafficking conspiracy in July 2016, in Bernalillo County; possession of methamphetamine with intent to distribute on July 28, 2016, in Bernalillo County; using a firearm in furtherance of a drug trafficking crime on July 28, 2016, in Bernalillo County; possession of stolen mail on July 28, 2016, in Bernalillo County; possession of methamphetamine with intent to distribute on Aug. 9, 2016, in San Juan County; being a felon in possession of a firearm on July 28, 2016, in Bernalillo County; possession of stolen mail on Aug. 9, 2016, in San Juan County; and three counts of bank fraud and three counts of aggravated identity theft from July 23, 2016 through July 25, 2016, in New Mexico.
During today’s proceedings, Berke pled guilty to a four-count felony information charging him with conspiracy, two counts of possession of methamphetamine with intent to distribute, and using a firearm in furtherance of a drug trafficking crime. Additionally, Berke pled guilty to Counts 5 through 13 of the superseding indictment charging him with being a felon in possession of a firearm, two counts of possession of stolen mail, three counts of bank fraud and three counts of aggravated identity theft.
In entering the guilty plea, Berke admitted the following:
- On July 28, 2016, Berke possessed 100 grams of methamphetamine in Bernalillo County, which he intended to distribute to others, stolen mail, and two loaded firearms. Berke also acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
- On Aug. 9, 2016, Berke possessed approximately 105 grams of methamphetamine in San Juan County, which he intended to distribute to others, and stolen mail.
- Between July 23, 2016 and July 25, 2016, Berke used identity information from stolen mail and counterfeit identifications to pass counterfeit and unauthorized checks in the names of others to purchase gift cards at Albuquerque-area stores, which he then sold to others for cash. Berke also admitted that in this time-period, he attempted to open a membership account at an Albuquerque-area store using a counterfeit check, counterfeit identifications and a drivers’ license in the name of another person.
On Dec. 14, 2017, Bell pled guilty to conspiracy, possessing methamphetamine with intent to distribute, and possessing stolen mail. In entering the guilty plea, Bell admitted that on July 28, 2016, she and another person possessed approximately 100 grams of methamphetamine, which they intended to distribute to others. Bell also admitted that on that same day, she possessed mail that belonged to others but had been stolen from an authorized depository for U.S. mail. Bell entered her guilty plea under a plea agreement that recommended the imposition of a sentence of five years of imprisonment.
Bell previously had been arrested in Sept. 2016, on a criminal complaint charging her with repeatedly stealing mail from U.S. Postal Service mail collection boxes located outside of U.S. Post Offices in Albuquerque by using a “fishing” device she fed into the mailbox to “fish” mail out. Bell was indicted in this case on Oct. 12, 2016, and was charged with stealing and receiving stolen mail on Sept. 18, 2016 in Bernalillo County. On March 30, 2017, Bell pled guilty to the indictment and admitted using a “fishing” device to pull mail out of USPS collection boxes on Sept. 17 and 18, 2016. The sentence imposed in that case will run concurrent to the five-year term of imprisonment to be imposed on Bell based on the guilty plea entered in Dec. 2017.
Berke and Bell both remain in custody pending sentencing hearings, which have yet to be scheduled.
This case was investigated by the U.S. Postal Inspection Service with assistance from the DEA and is being prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Sean J. Sullivan.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Frank Lara, 45, of Albuquerque, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Lara and co-defendant Esmeralda Dominguez, 33, of Glendale, Ariz., were charged by criminal complaint in July 2017, with methamphetamine trafficking offenses. According to the complaint, Lara and Dominguez distributed approximately 56.09 grams of 99% pure methamphetamine to an individual working with law enforcement on July 15, 2016, in Dona Ana County, N.M.
Lara and Dominguez subsequently were charged in a two-count indictment filed on Oct. 19, 2017, with participating in a conspiracy to distribute methamphetamine from July 14, 2016 through July 15, 2016, and distributing methamphetamine on July 15, 2016. According to the indictment, the defendants committed the crimes in Dona Ana County.
During yesterday’s proceedings, Lara pled guilty to the indictment without the benefit of a plea agreement. Dominguez previously entered a similar guilty plea on Feb. 20, 2018. At sentencing, each of the defendants faces a mandatory minimum penalty of ten years and a maximum of life in federal prison. Sentencing hearings have yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the DEA and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez.
Non-Indian Man Residing on Laguna Pueblo Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Aris Jaramillo, 36, a non-Indian man residing in Encinal, N.M., pled guilty today in federal court in Albuquerque, N.M., to a child abuse charge under a plea agreement with the U.S. Attorney’s Office.
Jaramillo was arrested in Aug. 2017, on a criminal complaint charging him with engaging in child abuse on Aug. 13, 2017, on the Laguna Pueblo in Cibola County, N.M. According to the complaint, Jaramillo struck a Laguna Pueblo child multiple times in the head.
During today’s proceedings, Jaramillo pled guilty to an information charging him with child abuse. In entering the guilty plea, Jaramillo admitted that on Aug. 13, 2017, he became upset and hit the victim several times in the head and left red marks on the victim’s head.
At sentencing, Jaramillo faces a maximum penalty of three years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Laguna Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
Former U.S. Postal Service Employee from Socorro Pleads Guilty to Federal Misdemeanor Embezzlement ChargeRead the Press Release
ALBUQUERQUE – Adrianne D. Marquez, 42, of Socorro, N.M., pled guilty today in federal court in Albuquerque, N.M, to a misdemeanor charge of theft of government property.
Marquez was charged in a misdemeanor information filed on Jan. 23, 2018, with theft of government funds from Jan. 1, 2017 through July 12, 2017, in Socorro County, N.M. According to the information, Marquez intentionally stole money from the United States in an amount less than $1,000 by writing herself U.S. Postal Service money orders and not paying the U.S. Postal Service for them.
During today’s proceedings, Marquez pled guilty to the misdemeanor information without the benefit of a plea agreement. At sentencing, Marquez faces a maximum penalty of one year in federal prison and a fine up to $100,000. A sentencing hearing has yet to be scheduled.
This case was investigated by the U.S. Postal Service, Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Albuquerque Man Sentenced to Twelve Years for Brandishing Short-Barreled Shotgun During Armed Robbery of Convenience StoreRead the Press Release
ALBUQUERQUE – William L. Thrash, 51, of Albuquerque, N.M., was sentenced today in federal court to 144 months in prison for violating the federal firearms laws by brandishing a short-barreled shotgun during the armed robbery of an Albuquerque-area convenience store in March 2017. Thrash will be on supervised release for three years after completing his prison sentence.
Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Thrash in Sept. 2017, on a criminal complaint. The criminal complaint charged Thrash with violating the Hobbs Act by robbing two businesses engaged in interstate commerce at gunpoint, brandishing a firearm during crimes of violence, and being a felon in possession of a firearm. According to the criminal complaint, Thrash committed one of the Hobbs Act robberies by robbing an Albuquerque-area convenience store on March 14, 2017, and the second robbery by robbing a medical marijuana dispensary located in Bernalillo County, N.M., on April 15, 2017.
On April 19, 2017, officers of the Albuquerque Police Department (APD) arrested Thrash on state charges, which have since been dismissed in favor of federal prosecution, while executing a state search warrant at a hotel room in which Thrash was residing. During the search, the officers seized a firearm and ammunition. At the time, Thrash was prohibited from possessing firearms or ammunition because he previously had been convicted on numerous felony offenses, including being a felon in possession of a firearm, auto burglary, escape, child abuse or abandonment, battery on a peace officer, and possession of a deadly weapon or an explosive by a prisoner.
On Dec. 13, 2017, Thrash pled guilty to a felony information charging him with using and brandishing a firearm during a crime of violence. In entering the guilty plea, Thrash admitted brandishing a short-barreled shotgun at store employees when he robbed an Albuquerque-area convenience store on March 14, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney George C. Kraehe 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 removing them from communities in New Mexico for as long as possible.
Zuni Pueblo Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Raylan Reano, 25, an enrolled member and resident of Zuni Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge.
Reano was arrested in Dec. 2017, on an indictment charging him with killing a woman on Oct. 23, 2016, on the Zuni Pueblo in McKinley County, N.M. According to the indictment, Reano killed the victim while driving under the influence of alcohol.
During today’s proceedings, Reano pled guilty to the indictment charging him with involuntary manslaughter and admitted killing the victim while driving recklessly while under the influence of alcohol. Reano acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.
At sentencing, Reano faces a maximum statutory penalty of eight years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department and Assistant U.S. Attorney Sarah Mease is prosecuting the case.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Sergio Olivas, 31, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.
Olivas was arrested on Jan. 22, 2018, on an indictment charging him with possession of more than 50 grams of methamphetamine with intent to distribute. According to the indictment, Olivas committed the offense on Dec. 4, 2017, in Chaves County, N.M.
During today’s change of plea hearing, Olivas pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Olivas 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.
This case was investigated by the Las Cruces office of Homeland Security Investigations and the Chaves County Metro Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Navajo Man from Ramah, N.M., Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Patrick Begay, 35, an enrolled member of the Navajo Nation who resides in Ramah, N.M., pled guilty today in federal court in Albuquerque, N.M., to assault charges.
Begay was arrested on Jan. 23, 2018, on a three-count indictment charging him with assault with a dangerous weapon, a baseball bat, with intent to do bodily harm; assault with a dangerous weapon, a knife, with intent to do bodily harm; and assault resulting in serious bodily injury. According to the indictment, Begay committed the offenses on May 12, 2017, on the Navajo Indian Reservation in Cibola County, N.M.
During today’s hearing, Begay pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Begay faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case.
Albuquerque Man Sentenced to Prison for Assaulting a Federal Law Enforcement OfficerRead the Press Release
ALBUQUERQUE – Ernest A. Casias, 37, of Albuquerque, N.M., was sentenced today in federal court to 36 months in prison followed by three years of supervised release for assaulting a federal law enforcement officer.
Casias was arrested on Jan. 4, 2017, on a criminal complaint charging him with assaulting a federal employee on Jan. 3, 2017, in Bernalillo County, N.M. According to the complaint, Casias assaulted a Task Force Officer of the South West Investigative Fugitive Team (SWIFT) of the U.S. Marshals Service by using his vehicle as a weapon when he rammed his vehicle into a government vehicle operated by the Task Force Officer. According to the complaint, Casias committed the assault when SWIFT Officers were executing arrest warrants on Casias for the underlying charges of failure to comply with probation, aggravated battery, battery against a household member and placing a child in a situation where the child is endangered.
Casias was subsequently indicted on Jan. 24, 2017, and charged with assaulting and resisting a federal officer by ramming his vehicle into a vehicle operated by a federal officer on Jan. 3, 2017, in Bernalillo County. On Dec. 1, 2017, Casias pled guilty to the indictment and admitted that on Jan. 3, 2017, he assaulted a federal employee by driving his vehicle into a vehicle operated by a federal employee at a high rate of speed because SWIFT officers were attempting to contain Casias’ vehicle and arrest him.
This case was investigated by the South West Investigative Fugitive Team (SWIFT) of the U.S. Marshals Service for the District of New Mexico and was prosecuted by Assistant U.S. Attorney Eva Fontanez.
Mescalero Apache Woman Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Kathryn Cojo, 33, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge under a plea agreement with the U.S. Attorney’s Office.
Cojo was arrested in March 2017, on a two-count indictment charging her with assault with a dangerous weapon and assault resulting in serious bodily injury. According to the indictment, Cojo committed the crimes on Nov. 15, 2015, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.
During today’s proceedings, Cojo pled guilty to Count 1 of the indictment charging her with assault with a dangerous weapon. In entering the guilty plea, Cojo admitted assaulting a man by striking him with a sharp object in the neck, back and abdomen, and that the victim required stitches and medical attention as the result of the assault. Cojo admitted committing the assault on Nov. 15, 2015, on the Jicarilla Apache Indian Reservation.
At sentencing, Cojo faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
Leaders of Taos County-Based Drug Trafficking and Money Laundering Ring Sentenced to PrisonRead the Press Release
ALBUQUERQUE – The leaders of a Taos County-based drug trafficking organization were sentenced yesterday to lengthy terms of incarceration for convictions on heroin trafficking and firearms charges arising out of a DEA-led multi-agency investigation. Ivan Romero, 41, of El Prado, N.M., was sentenced to 130 months of imprisonment followed by five years of supervised release, while his brother, Ricco Romero, 28, of Taos, N.M., was sentenced to 120 months of imprisonment followed by five years of supervised release. Each of the defendants was ordered to forfeit $448,590 in cash, and Rico Romero also was ordered to forfeit two firearms. Additionally, each defendant was ordered to pay $15,000 in community restitution.
Ivan Romero, Ricco Romero, and six co-defendants initially were charged with methamphetamine trafficking, heroin trafficking and money laundering offenses in an eight-count indictment filed in Dec. 2015. The indictment was superseded in Feb. 2016 to add another defendant, Elena Carabajal, 27, of El Prado, and five additional charges. The superseding indictment charged Ivan Romero, Ricco Romero and seven co-defendants with conspiring to distribute heroin and methamphetamine from at least June 2012 through Dec. 2015. It also charged Ivan Romero, Ricco Romero, Melissa Romero, 38, of El Prado, and Wilma Romero, 67, of Taos, with conspiring to launder heroin trafficking proceeds. The superseding indictment also included substantive heroin trafficking charges against several of the defendants as well as provisions seeking forfeiture to the United States of all assets and property derived, either directly or indirectly, from proceeds obtained from the criminal activities charged.
Ivan Romero and Ricco Romero both entered guilty pleas on Dec. 5, 2016. Both men admitted participating in a heroin trafficking conspiracy and a money laundering conspiracy, and Ricco Romero also admitted possessing firearms in furtherance of his drug trafficking activities. According to the admissions contained in their plea agreements and other court filings, Ivan Romero was the leader of a heroin trafficking organization based in Taos County. Ivan Romero and Ricco Romero were responsible for purchasing quantities of heroin from suppliers in Albuquerque and Los Lunas, N.M. Other members of the organization acted as couriers and regularly transported large quantities of heroin to Ivan Romero and Ricco Romero in Taos County. Upon receiving the bulk heroin, Ivan Romero and Ricco Romero prepared the heroin for distribution by mixing or “cutting” it with other substances, repackaged it in smaller portions, and distributed it both directly and through a network of other drug dealers. Juanita Romero, 36, of Chamisa, N.M., was one such dealer who distributed heroin in and around Penasco.
In April 2015, law enforcement officers executed a state search warrant at Ivan Romero’s residence where they seized drug paraphernalia, 461 grams of marijuana, 30 grams of hashish, more than 300 grams of heroin, and $64,920 in cash. Ivan Romero was arrested on state charges that day, and Ricco Romero assumed a greater managerial role in the heroin trafficking organization at that time.
Following Ivan Romero’s arrest on April 2, 2015, a state court set his bond at $90,000. Wilma Romero, Ricco Romero and Melissa Romero conspired to launder $90,000 in heroin proceeds to post that bond and secure Ivan Romero’s release from state custody. Ivan Romero soon violated the conditions of his release, was remanded back to state custody and a second bond was set at $150,000. In May 2015, Wilma Romero, Ricco Romero and Melissa Romero again conspired to launder an additional $150,000 in heroin proceeds to post that bond
On June 29, 2015, law enforcement agents executed a federal search warrant at Wilma Romero’s residence. In the course of that search, agents seized approximately 97.5 grams of heroin, a small amount of marijuana, drug paraphernalia, $73,288, and gold coins.
On Nov. 17, 2015 and Dec. 1, 2015, Ricco Romero distributed heroin to an individual working with law enforcement agents. Thereafter, on Dec. 18, 2015, law enforcement agents obtained and executed a federal search warrant at Ricco Romero and Carabajal’s residence and at another residence where Ricco Romero and Carabajal maintained a safe. During those searches, agents seized 96.8 grams of heroin, $70,562 in cash, and two firearms.
Ivan and Ricco Romero’s seven co-defendants have all entered guilty pleas:
- Nicholas Baca, 31, of Cerro, N.M., pled guilty in Feb. 2017, to participating in a heroin trafficking conspiracy, and was sentenced on June 14, 2017, to time served followed by five years of supervised release;
- Juanita Romero, 36, of Chamisa, N.M., pled guilty in Feb. 2017, to participating in a heroin trafficking conspiracy, and was sentenced on June 14, 2017, to time served followed by five years of supervised release;
- Melissa Romero pled guilty in Dec. 2016, to participating in the money laundering conspiracy, and was sentenced on June 14, 2017, to three years of probation;
- Elena Carabajal pled guilty in Jan. 2017, to possession of heroin with intent to distribute, and was sentenced on June 13, 2017, to a year and a day in prison followed by five years of supervised release; and
- Wilma Romero, pled guilty in Jan. 2017, to participating in the money laundering conspiracy and possessing heroin with intent to distribute, and was sentenced on Nov. 9, 2017 to 24 months in prison followed by five years of supervised release.
- Tyler Baker, 36, of Albuquerque, N.M., pled guilty in Oct. 2016 to participating in the heroin trafficking conspiracy;
- Jason Duran. 43, of Albuquerque, pled guilty in Dec. 2017, to participating in the heroin trafficking conspiracy. Under the terms of his plea agreement, Duran will be sentenced to a maximum of 100 months in federal prison.
The investigation leading to the indictment was conducted by the Albuquerque office of the DEA, the HIDTA Region III Drug Task Force, New Mexico State Police, Taos Police Department, Taos County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Las Cruces Man Sentenced to More Than 15 Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Ricky Joe Garcia, 53, of Las Cruces, N.M., was sentenced today in federal court to 184 months in prison followed by a lifetime of supervised release for his methamphetamine trafficking conviction and a supervised release violation.
Garcia and co-defendants Kenneth Matthew Adame, 25, and Christopher Michael Sanchez, 25, both of Las Cruces, were arrested in April 2017, and were charged by criminal complaint with participating in a methamphetamine trafficking conspiracy on April 10, 2017, in Dona Ana County, N.M. According to the complaint, on that day, Adame, Garcia and Sanchez sold approximately 497.22 grams of methamphetamine to undercover law enforcement agents.
On Aug. 2, 2017, Garcia pled guilty to a two-count felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. In entering the guilty plea, Garcia admitted that in April 2017, he entered into an agreement with his co-defendants to sell methamphetamine to another person. Garcia further admitted that on April 10, 2017, he sold approximately 497 grams of methamphetamine to an undercover law enforcement agent. During today’s sentencing hearing, Garcia also admitted to violating his conditions of release by committing another federal crime.
Adame pled guilty to methamphetamine trafficking charges on June 21, 2017, and was sentenced on Feb. 14, 2018, to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction. Sanchez pled guilty to methamphetamine trafficking charges on July 19, 2017, and was sentenced on Nov. 27, 2017, to 60 months in federal prison followed by four years of supervised release.
This case was investigated by the Border Enforcement Security Taskforce of Homeland Security Investigations and the HIDTA Region VII Drug Task Force, a multi-agency task force that conducts long term investigations targeting regional, national and international drug trafficking organizations that operate in Luna, Hidalgo and Grant counties and follow-up on cases resulting from U.S. Border Patrol and New Mexico State Police interdiction efforts. The case is being prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch 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.
Kevin Folse Sentenced to Thirty Years for Conviction on Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – This afternoon, U.S. District Judge James O. Browning sentenced Kevin Folse, 32, of Albuquerque, N.M., to 360 months of imprisonment followed by five years of supervised release for his conviction on carjacking and firearms charges. The sentence was announced by U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief of Police Michael Geier of the Albuquerque Police Department (APD).
Folse, a career criminal whose conviction history includes prior felony convictions for receiving or transferring a stolen vehicle, marijuana trafficking, aggravated battery with a deadly weapon, and being a felon in possession of a firearm, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of removing them from communities in New Mexico for as long as possible.
In announcing the sentence, U.S. Attorney Anderson said, “The violent criminal conduct that has been the hallmark of Kevin Folse’s career threatens the safety of all citizens. My Office will not hesitate to act to protect our families and neighborhoods from repeat violent offenders like Mr. Folse.”
“This is a textbook example of good solid police work and the value of law enforcement partnerships. I wish to commend the work of the ATF agents, the Albuquerque Police Department and the U.S. Attorney in bringing this career criminal to justice,” stated ATF Special Agent in Charge Durastanti.
“It is critically important that we hold career criminals accountable for their actions, especially those with no regard for the safety of law-abiding citizens,” said APD Chief Geier. ‘We are thankful to our law enforcement partners who helped to bring justice in this case and successfully prosecute a dangerous criminal.”
Folse initially was charged on July 6, 2015, by criminal complaint with being a felon in possession of a firearm and ammunition. Folse subsequently was indicted on July 14, 2015, and was charged with being a felon in possession of a firearm, carjacking, and brandishing a firearm during a crime of violence. Folse was prohibited from possessing firearms or ammunition because of his status as a convicted felon. A superseding indictment was filed on Sept. 10, 2015, charging Folse with a second carjacking on July 2, 2015, and with using a firearm to commit that crime. This second firearms charge was subsequently dismissed on the United States’ motion.
Trial of Folse on the superseding indictment began on Oct. 5, 2015, and concluded on Oct. 8, 2015, when the jury returned a guilty verdict against Folse on all the four charges against him. The evidence at trial established that Folse committed the first carjacking around 11:00 a.m. on July 2, 2015, in an effort to evade APD officers who were trying to locate him as part of a stolen vehicle investigation. Earlier that morning, while APD officers were conducting surveillance on a house in which they believed Folse to be staying, they caught the attention of a man who was in the house and asked him to open the front door.
When the man went to the door, he encountered Folse, who was in the house without the man’s knowledge. Folse, who was armed with a gun and a knife, forced the man into a room where he was holding several others hostage. During the hostage situation, Folse threatened to stab one hostage and struck another on the head with a glass object that shattered. When the man did not open the door and without definitive information as to whether Folse was in the house, the officers retreated from the area immediately around the house.
Around 11:00 a.m., Folse left the house, and forced the man and another hostage to accompany him as they left the area in the man’s car. APD officers responded to the scene as Folse aggressively drove away at a high rate of speed with the two hostages in the car. While driving, Folse threw a gun out of the window. Thereafter Folse lost control of the car and crashed as he tried to negotiate a curve at a high rate of speed in a residential neighborhood. The car rolled and landed on its roof. Folse fled from the car leaving the two hostages behind.
Five minutes after the crash, Folse approached a car that was warming up in the driveway of a house. There was no driver in the car, but a 13-year-old boy was in the passenger seat. Folse threatened the boy telling him that he had three seconds to get out of the car. The boy complied by jumping out of the car but was struck by the car door as Folse backed out of the driveway to make his escape. Folse drove off aggressively and at a high rate of speed, and APD officers who were in pursuit had to end their pursuit of Folse so as not to endanger other motorists. Folse was arrested in the late night hours of July 3, 2015, by officers of the Isleta Pueblo Tribal Police Department.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the Isleta Pueblo Tribal Police Department and the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Samuel A. Hurtado and Paul Mysliwiec prosecuted the case.
Las Cruces Woman Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Joclyn Telles, 35, of Las Cruces, N.M., was sentenced today in federal court to 60 months in prison followed by four years of supervised release for her methamphetamine trafficking conviction.
Telles and co-defendant Joshua Nestle, 26, also of Las Cruces, were arrested in Feb. 2017, and were charged by criminal complaint with conspiracy and possession of a controlled substance with intent to distribute. The complaint also charged Nestle with being a felon in possession of a firearm and with using and carrying a firearm in relation to a drug trafficking crime. According to the criminal complaint, the defendants committed the crimes on June 29, 2016, in Dona Ana County, N.M. Law enforcement officers arrested Nestle and Telles on outstanding arrest warrants following a traffic stop. During a search incident to the defendants’ arrests, the officers found approximately 2.6 ounces of methamphetamine and a firearm in the defendants’ vehicle.
Telles was indicted on June 21, 2017, and charged with conspiracy and possession of methamphetamine with intent to distribute. She entered a guilty plea to the indictment on July 18, 2017, without the benefit of a plea agreement.
On June 7, 2017, Nestle pled guilty to a felony information charging him with conspiracy and possession of methamphetamine with intent to distribute, and admitted conspiring on June 29, 2016, with others to violate the federal drug trafficking laws. He also admitted possessing the 2.6 ounces of methamphetamine found in his vehicle and acknowledged that he intended to distribute the drugs to others. Nestle also admitted that on March 9, 2017, he possessed a controlled substance while incarcerated at the Dona Ana County Detention Center. Nestle was sentenced on Feb. 6, 2018, to 140 months in prison followed by four years of supervised release.
This case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Man Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Gustavo Flores, 26, of Las Cruces, N.M., was sentenced yesterday in federal court to 120 months in prison followed by five years of supervised release for his conviction on a methamphetamine trafficking charge.
The FBI arrested Flores on July 10, 2017, on a criminal complaint charging him with committing drug trafficking and firearms offenses in Dona Ana County, N.M., on Jan. 28, 2017. According to the complaint, Las Cruces Police Department (LCPD) officers arrested Flores after finding approximately five pounds of methamphetamine and a firearm in his vehicle while responding to a call regarding a suspicious vehicle driving around a neighborhood in Las Cruces.
On Sept. 26, 2017, Flores pled guilty to a felony information charging him with possession of more than 500 grams of methamphetamine with intent to distribute. In entering the guilty plea, Flores admitted that on Jan. 28, 2017, LCPD officers found approximately 2.28 kilograms (5 pounds) of methamphetamine, a firearm and ammunition in his vehicle. Flores further admitted that he intended to deliver the methamphetamine to others in exchange for money.
This case was investigated by the Las Cruces office of the DEA and the LCPD. Assistant U.S. Attorney Dustin C. Segovia of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Mexican National Facing Federal Charge Based on Nine-Pound Heroin Seizure in New MexicoRead the Press Release
ALBUQUERQUE – Roberto Esmerardo Lopez-Gaxiola, 35, a Mexican national, made his initial appearance this morning in federal court in Las Cruces, N.M., on a heroin trafficking charge arising out of the seizure of more than nine pounds of heroin at a U.S. Border Patrol checkpoint in southern New Mexico on March 14, 2018. Lopez-Gaxiola remains in federal custody pending a preliminary hearing and a detention hearing, which have yet to be scheduled.
U.S. Border Patrol agents arrested Lopez-Gaxiola on March 14, 2018, after allegedly seizing approximately 4.2 kilograms (9.25 pounds) of heroin concealed in Lopez-Gaxiola’s vehicle. According to the criminal complaint, the agents allegedly found the heroin in Lopez-Gaxiola’s vehicle during an inspection at the U.S. Border Patrol checkpoint located on Interstate 25 near Truth or Consequences, N.M., in Sierra County, N.M.
If convicted of the charges in the criminal complaint, Lopez-Gaxiola faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces Office of the DEA and the U.S. Border Patrol. Special Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.