District of New Mexico
Press releases recorded for this federal judicial district.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Cipriano Anaya, 34, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges. Under the terms of his plea agreement, Anaya will be sentenced to 108 months in prison followed by a term of supervised release to be determined by the court.
Anaya is one of 41 individuals charged in Sept. 2015, with drug trafficking offenses as a result of an eight-month multi-agency investigation by the FBI, the DEA, Chaves County Metro Narcotics Task Force, Roswell Police Department, Chaves County Sheriff’s Office and New Mexico State Police. Twenty-one of the defendants were charged with federal offenses and the remaining 20 with state crimes.
The investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, initially targeted a drug trafficking organization (DTO) allegedly led by Joseph Ray Mendiola, 35, of Roswell, that allegedly distributed methamphetamine in Chaves County. It later expanded to include drug traffickers who allegedly supplied methamphetamine to the Mendiola DTO and other drug traffickers operating in Chaves County. The OCDETF program 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.
Sixteen of the 21 defendants facing federal charges were charged in a 24-count indictment filed on Sept. 22, 2015. The remaining five federal defendants were charged in criminal complaints. The 20 state defendants were charged by criminal complaints.
Count 1 of the Indictment charged 15 of the 16 defendants with conspiracy to distribute methamphetamine between June 2015 and July 2015. Count 2 charged three defendants with conspiracy to distribute cocaine in July 2015. Counts 3, 4, 5, 6 and 7 charged certain defendants with possession of methamphetamine with intent to distribute in July 2015. Counts 8 through 24 charged certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. All crimes charged in the federal indictment occurred in Chaves County.
During the course of the investigation, law enforcement officers executed 14 federal search warrants for 10 residences in Roswell, one residence in Dexter, N.M., and three vehicles. During the execution of those search warrants, the officers seized approximately 5600 grams of methamphetamine, $35,960.00 in cash, and multiple firearms including two assault rifles. Five of the federal defendants, including Mendiola, were arrested on July 31, 2015, the date on which the officers executed the 14 federal search warrants.
During today’s proceedings, Anaya pled guilty to conspiracy and use of a communication device to facilitate a drug trafficking crime. In entering the guilty plea, Anaya admitted to conspiring with his co-defendants to distribute methamphetamine in Chaves County from June 2015 through July 31, 2015. Anaya further admitted that on July 26, 2015, he used a telephone in furtherance of the drug trafficking conspiracy. Anaya remains in federal custody pending a sentencing hearing which has yet to be scheduled.
To date, five other defendants charged by indictment have entered guilty pleas. The remaining 16 defendants facing federal charges have entered not guilty pleas to the indictment and criminal complaints. Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The federal cases were investigated by the Roswell office of FBI’s Albuquerque Division, the Las Cruces office of DEA, Roswell Police Department, Chaves County Sheriff’s Office, the Chaves County Metro Narcotics Task Force, the New Mexico State Police and the U.S. Marshals Service. The state cases were investigated by the New Mexico State Police. Assistant U.S. Attorneys Randy M. Castellano and John Balla are prosecuting the federal cases, and the Fifth Judicial District Attorney’s Office is prosecuting the state cases.
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.
Rio Arriba Man Sentenced to Prison for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Glenn Gene Fernandez, 47, of Alcalde, N.M., was sentenced today in federal court to a year in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA). Fernandez will be required to register as a sex offender when he completes his prison sentence.
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.
Fernandez was charged in a criminal complaint on Dec. 1, 2015, with violating SORNA by failing to update his sex offender registration. Fernandez was required to register as a sex offender as a result of a 2004 state conviction in Santa Clara, Calif., for criminal sexual battery involving a restrained person. Fernandez last complied with his sex offender registration requirements in California in Aug. 2011. In Nov. 2015, the U.S. Marshals Service received a request to assist the Rio Arriba County Sheriff’s Office with charging Fernandez with a SORNA violation. The U.S. Marshals Services’ investigation revealed that Fernandez had been residing in New Mexico since at least Feb. 2013, and had not registered as a sex offender in New Mexico as required by SORNA.
On March 8, 2016, Fernandez pled guilty to a felony information charging him with failing to update his registration between Feb. 2013 and Dec. 2015 in Rio Arriba County, N.M. Fernandez entered the guilty plea without the benefit of a plea agreement.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Matthew Joel Torres, 27, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty yesterday in federal court in Las Cruces, N.M., to an assault charge under a plea agreement with the U.S. Attorney’s Office.
Torres was arrested on April 18, 2016, on a criminal complaint charging him with assaulting a Mescalero Apache man on June 13, 2015, by stabbing him twice in the stomach. The assault occurred on the Mescalero Apache Indian Reservation in Otero County, N.M.
Torres pled guilty yesterday to a felony information charging him with assault with a dangerous weapon. In entering the guilty plea, Torres admitted that on June 13, 2015, he assaulted the victim by stabbing him in the abdomen twice with a knife with intent to cause bodily harm.
At sentencing, Torres 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 Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Bernalillo County Man Pleads Guilty to Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Bruce Hayes Bell, 65, of Albuquerque, N.M., pled guilty this morning in federal court to violating the Sex Offender Registration and Notification Act (SORNA). Under the terms of his plea agreement, Bell will be sentenced to a year and a day in prison followed by not less than three years of supervised release. Bell will be required to register as a sex offender after completing his prison sentence.
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.
Bell was arrested on Dec. 9, 2015, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. According to the complaint, Bell was required to register as a sex offender because of his prior convictions for sexual assault on a child on June 6, 2011 and Nov. 10, 2010 in Colorado and criminal sexual penetration on Feb. 1, 2012 in Bernalillo County, N.M.
Bell was subsequently indicted on the same charge on Dec. 17, 2015. According to the indictment, Bell failed to update his registration between Oct. 21, 2015 and Dec. 2, 2015, in Bernalillo County, N.M.
During today’s proceedings, Bell pled guilty to the indictment. In entering the guilty plea, Bell admitted that he was a sex offender and failed to update his sex offender registration as required by SORNA. Bell remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.
Albuquerque Felon Pleads Guilty to Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Steven M. Montoya, 28, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws. Under the terms of his plea agreement, Montoya will be sentenced to 52 months in prison followed by a term of supervised release to be determined by the court.
Montoya was arrested on March 4, 2016, on a criminal complaint charging him with being a felon in possession of a firearm on March 3, 2016, in Bernalillo County, N.M. According to the complaint, on March 3, 2016, U.S. Probation (USPO) officers and FBI agents searched Montoya’s residence pursuant to the terms of his supervised release for his 2010 conviction on a cocaine trafficking charge. During the search, officers found a pistol, ammunition, a digital scale, $17,888 in cash, and four cellular phones containing messages requesting controlled substances from Montoya.
Montoya was indicted on the same charge on March 23, 2016. According to the indictment, Montoya was prohibited from possessing firearms or ammunition because he previously had been convicted on involuntary manslaughter and possession of cocaine base with intent to distribute.
During today’s proceedings, Montoya pled guilty to the indictment and admitted that on March 3, 2016, USPO officers located and seized a pistol, ammunition, a digital scale, $17,888 in cash, and four cellular phones while executing a search of his residence. Montoya further admitted that he was prohibited from possessing firearms or ammunition because of his prior felony convictions. Montoya remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the USPO. Assistant U.S. Attorney Eva Fontanez is prosecuting the case.
Prior Felon from Albuquerque Sentenced to Eight Years for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Trinidad Gallegos, 47, of Albuquerque, N.M., was sentenced today in federal court to eight years in federal prison followed by three years of supervised release for his conviction on federal firearms charges, announced U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI), Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Manuel Gonzales, III.
Gallegos was arrested in July 2015, on an indictment charging him with assaulting a federal law enforcement officer with a deadly weapon and being a felon in possession of a firearm and ammunition on Aug. 20, 2014, in Bernalillo County, N.M. On that day, Gallegos was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Court records reflect that Gallegos has been convicted of possession of a controlled substance, possession and uttering of counterfeit obligations and securities, making false statement, larceny, forgery, conspiracy to commit unlawful taking of a vehicle, possession of methamphetamine with intent to distribute, possession of a firearm or destructive device by a felon and felon in possession of a firearm and ammunition.
On Nov. 19, 2015, Gallegos pled guilty to being a felon in possession of firearms and ammunition. Gallegos admitted that on Aug. 20, 2014, he possessed a shotgun and ammunition in a tow truck. As he attempted to flee from law enforcement officers, Gallegos crashed the tow truck into a vehicle driven by a federal law enforcement officer. Gallegos admitted that after colliding with the officer, he backed the tow truck down the street and crashed into another vehicle. Gallegos then ran away and broke into homes as he attempted to evade arrest. Gallegos acknowledged that as a convicted felon, he was not allowed to possess firearms or ammunition.
This case was investigated by the Albuquerque offices of Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office with assistance from the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorney Paul Mysliwiec prosecuted the case under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
Former APS Kindergarten Teacher Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Joshua Weitz, 39, of Albuquerque, N.M., pleaded guilty today in federal court to possession of child pornography charges. Under the terms of his plea agreement, Weitz will be sentenced within the range of 24 to 151 months in prison followed by 15 years of supervised release. Weitz will be required to register as a sex offender when he completes his prison sentence. Additionally, Weitz will be required to pay restitution in the amount of $1,000 to any victim associated with the charges against Weitz who requests restitution before Weitz’s sentencing hearing.
Weitz was arrested Nov. 11, 2015, on a federal criminal complaint alleging that he distributed, received and possessed visual depictions of minors engaged in sexually explicit conduct in Oct. 2015, in Bernalillo County. At the time Weitz committed the offenses, he was employed as a kindergarten teacher by the Albuquerque Pubic Schools (APS). APS suspended Weitz’s employment following his arrest in early Nov. 2015, on related state charges and subsequently terminated his employment.
According to the criminal complaint, the investigation into Weitz began on Oct. 11, 2015, when an agent of the New Mexico Internet Crimes Against Children (ICAC) Task Force identified a computer with an IP address, later determined to be subscribed to Weitz that was being used to share child pornography files. Between Oct. 11, 2015 and Oct. 22, 2015, investigators downloaded numerous of child pornography files from the computer at Weitz’s IP address. On Nov. 4, 2015, a state court search warrant was executed at Weitz’ residence and ICAC Task Force agents found that Weitz possessed a computer containing numerous files of child pornography. Weitz was arrested that day on related state charges, which were later dismissed in favor of federal prosecution.
Weitz was indicted on Dec. 2, 2015, and was charged with four counts of distribution of child pornography and two counts of possession child pornography from Dec. 14, 2014 through Nov. 4, 2015 and Feb. 4, 2013 through Nov. 4, 2015. According to the indictment, Weitz distributed child pornography on for occasions in Oct. 2015 and possessed child pornography between Feb. 2013 and Nov. 2015.
During today’s proceedings, Weitz pled guilty to Counts 4 and 5 of the indictment, the two possession of child pornography charges. In entering the guilty plea, Weitz admitted from Feb. 4, 2013 through Nov. 4, 2015, he downloaded videos and images of child pornography from the internet and saved them on two computers. One computer contained approximately 250 images and 358 videos of child pornography. The other computer contained approximately 34 images and 77 videos of child pornography.
A sentencing hearing for Weitz has yet to be scheduled.
This case was investigated by the New Mexico ICAC Task Force, the Bernalillo County Sheriff’s Office, the Albuquerque office of the FBI and the New Mexico Regional Computer Forensics Laboratory with assistance from the New Mexico Office of the Attorney General. Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the Office of the New Mexico Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Federal Grand Jury Returns Indictment Charging Jesse Denver Hanes, Alleged Shooter of Hatch Police Officer, with Federal Firearms and Carjacking OffensesRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., has returned an indictment charging Jesse Denver Hanes with federal firearms and carjacking offenses arising out of an Aug. 12, 2016, traffic stop in Hatch, N.M., during which Hanes allegedly shot and killed Hatch Police Officer Jose Chavez and Hanes’ efforts to evade arrest following the shooting. Hanes was arraigned on the indictment this morning in federal court in Las Cruces, N.M., and entered a not guilty plea. Following the arraignment hearing, a U.S. Magistrate Judge ordered that Hanes be detained pending trial after finding that he poses a risk of flight and danger to the community.
The filing of the federal indictment was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. Joining them in making the announcement were Third Judicial District Attorney Mark D’Antonio, Chief James Gimler of the Hatch Police Department, Chief Pete N. Kassetas of the New Mexico State Police, and Doña Ana County Sheriff Enrique Vigil.
The five-count indictment, which was filed late yesterday afternoon, charges Hanes, 38, a resident of Columbus, Ohio, with attempted carjacking; brandishing a firearm during a crime of violence; carjacking resulting in serious bodily injury; discharging a firearm during a crime of violence; and being a felon in possession of a firearm. It alleges that Hanes committed these crimes on Aug. 12, 2016, in Doña Ana County, N.M. At the time, Hanes was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Hanes was arrested Aug. 16, 2016, on a federal criminal complaint charging him with being a felon in possession of a firearm, carjacking, and discharging a firearm during a crime of violence. The criminal complaint alleged that, on Aug. 12, 2016, Officer Chavez executed a traffic stop in Hatch, N.M., on a Lexus driven by Hanes and in which two other men were passengers. During the traffic stop, Hanes allegedly shot Officer Chavez in the upper torso; Officer Chavez later died as a result of the gunshot wound.
The criminal complaint also alleged that after fleeing from the scene of the shooting in the Lexus, Hanes and his passengers parted company. Thereafter, Hanes stopped at a rest area near Radium Springs, N.M., where he allegedly shot a motorist, causing him to suffer serious bodily injury, and carjacked the motorist’s vehicle, a Chevrolet. When deputies of the Doña Ana County Sheriff’s Office arrested Hanes, they allegedly found a handgun, believed to be the firearm used to shoot Officer Chavez and the motorist, in the Chevrolet.
The indictment adds two new crimes not previously charged in the criminal complaint: an attempted carjacking charge and a new firearms offense. The new charges allege that Hanes used force and violence against two victims while attempting to carjack the victims’ vehicle and that Hanes brandished a firearm during the attempted carjacking.
In addition to the charges in the federal indictment, Hanes has been charged with the first-degree murder of Officer Chavez in a criminal complaint filed in the Third Judicial District Court for the State of New Mexico in Doña Ana County. The state’s murder investigation is continuing. Hanes also is facing an unrelated murder charge in Ohio.
If convicted of the crimes charged in the federal indictment, Hanes faces a statutory maximum penalty of ten years in prison for unlawfully possessing a firearm; 15 years on the attempted carjacking charge, and 25 years in prison on the carjacking charge. If convicted of brandishing a firearm during the attempted carjacking, Hanes faces a statutory mandatory minimum penalty of seven years in prison. He also faces a statutory mandatory minimum penalty of 25 years in prison if convicted of discharging a firearm during the carjacking. The 32 years must be served consecutive to any sentence imposed on the other charges. These potential penalties apply only to the federal charges and are beyond any penalties that may be imposed under state laws. Charges in indictments and criminal complaints are merely accusations, and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The case was investigated by the Las Cruces office of the FBI, Hatch Police Department, Doña Ana County Sheriff’s Office and New Mexico State Police, with assistance from the 3rd Judicial District Attorney’s Office. The following agencies also assisted in the investigation: Albuquerque and El Paso offices of the FBI, ATF, DEA, U.S. Marshals Service, Homeland Security Investigations, U.S. Border Patrol, Las Cruces Police Department, El Paso (Texas) County Sheriff’s Office and El Paso (Texas) Police Department.
Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their felony conviction records for federal prosecution with the goal of removing violent, repeat offenders from communities in New Mexico for as long as possible.
Hanes Indictment
El Paso, Texas, Men Enter Guilty Pleas in New Mexico in Spice Trafficking CaseRead the Press Release
ALBUQUERQUE – Juan C. Chavez, 39, of El Paso, Texas pled guilty today in federal court in Las Cruces, N.M., to participating in a conspiracy to distribute controlled substance analogues, commonly known as “spice.” Co-defendant David Molinar, 34, also of El Paso, Texas, entered a guilty plea on Aug. 19, 2016, in the same case to the unlawful sale of drug paraphernalia. Under the terms of their plea agreements, Chavez will be sentenced to 18 months in prison and Molinar will be sentenced to 15 months in prison. Each will serve a term of supervised release to be determined by the court after completing his prison sentence.
Chavez, Molinar and co-defendants Tasha S. Garcia, 30, of El Paso, and Kenia N. Liberato, 27, of Sunland Park, N.M., were charged in an eight-count indictment filed on Sept. 16, 2015. The indictment charges all four defendants with conspiring to distribute “spice” from June 2012 through Sept. 2015. It also charged Molinar and Chavez with maintaining a place for the purpose of manufacturing, distributing and using “spice,” and three counts of possession of “spice.” Molinar, Chavez and Garcia also were charged with distributing “spice” and selling drug paraphernalia in May 2014, and distributing “spice” in June 2015. According to the indictment, the defendants committed the crimes in Doña Ana County, N.M.
During today’s proceedings, Chavez pled guilty to Count 1 of the indictment charging him with conspiracy to distribute controlled substance analogues. In entering the guilty plea, Chavez admitted that from June 2012 through Sept. 2015, he owned and operated a head shop known as “Station Recreation.” While operating “Station Recreation,” Chavez agreed and acted with his co-defendants to distribute “spice.”
Molinar entered a guilty plea on Aug. 19, 2016, to Count 7 of the indictment, which charged him with selling drug paraphernalia. In his plea agreement, Molinar admitted that he was the co-owner of a smoke shop in Sunland Park, and that on May 29, 2014, one of his employees sold drug paraphernalia at the smoke shop.
Sentencing hearings for Chavez and Molinar have yet to be scheduled.
The charges against Garcia have been dismissed, and Liberato is participating in a pretrial diversion program.
This case was investigated by the El Paso office of the DEA, Homeland Security Investigations, Customs and Border Protection, U.S. Border Patrol, Anthony (N.M.) Police Department, El Paso Police Department, El Paso County Sheriff’s Office, Texas Attorney General’s Office and Charleston, W.V. Police Department. Assistant U.S. Attorneys Mark A. Saltman and John Balla of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
The controlled substance analogues charged in the indictment are commonly referred to as synthetic cannabinoids or “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.
Artesia Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Charles Edward Gist, 56, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 21 months in prison followed by two years of supervised release for his conviction on methamphetamine trafficking charges.
Gist and co-defendant Jose Alfredo Villa, 35, of Lake Arthur, N.M., were arrested in Sept. 2015, on an indictment charging them with conspiracy to distribute methamphetamine from Nov. 17, 2014 through Nov. 20, 2014, and distribution of methamphetamine on Nov. 20, 2014. Villa was also charged with distribution of methamphetamine on Dec. 10, 2014. According to the indictment, the defendants committed the crimes in Eddy County, N.M.
Gist pled guilty on April 1, 2016, to a felony information charging him with conspiracy and distribution of methamphetamine. In entering the guilty plea, Gist admitted that he conspired with Villa and others to distribute methamphetamine from Nov. 17, 2014 through Nov. 20, 2014. Villa further admitted that on Nov. 20, 2014, he agreed to sell 56 grams of methamphetamine to an undercover law enforcement officer.
On April 13, 2016, Villa pled guilty to a felony information charging him with conspiracy and two counts of distribution of methamphetamine. In entering the guilty plea, Villa admitted to conspiring with Gist and others to distribute methamphetamine in Nov. 2014. Villa admitted supplying the methamphetamine that was distributed to an undercover law enforcement officer on Nov. 20, 2014. He also admitted distributing 51 grams of methamphetamine to an undercover law enforcement officer on Dec. 10, 2014. At sentencing, Villa faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in prison. Villa remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Office Las Cruces Branch Office is prosecuting the case.
Las Cruces Man Sentenced to Five Years for Federal Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Edward Valenciano, 38, of Las Cruces, N.M., was sentenced today in federal court to 60 months in prison for his conviction on a heroin trafficking charge. Valenciano will be on supervised release for four years following his prison sentence.
Valenciano was arrested in June 2015, on a criminal complaint charging him with conspiracy to distribute heroin on June 11, 2015, in Doña Ana County, N.M. The complaint alleged that Valenciano was involved in the sale of approximately 353.4 grams of heroin to an individual working with law enforcement.
Valenciano was subsequently indicted on Oct. 15, 2015, and charged with conspiracy to distribute heroin from June 3 through 16, 2015, and possession of heroin with intent to distribute on June 16, 2015. The indictment included forfeiture allegations requiring Valenciano to forfeit $6,000, the proceeds of the drug trafficking charged, to the United States.
On March 24, 2016, Valenciano pled guilty to conspiracy to possess heroin with intent to distribute. In entering the guilty plea, he admitted that on June 3, 2015, he directed another individual to provide heroin to a person who unbeknownst to him was working with law enforcement. Valenciano further admitted that on June 11, 2015, he accepted $6,000 from the same person in payment for the heroin provided on June 3, 2015.
This case was investigated by the Las Cruces office of the DEA and was prosecuted by Assistant U.S. Attorney Luis A. Martinez 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.
Albuquerque Man Sentenced to Prison for Federal Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Fabian Baros, 38, of Albuquerque, N.M., was sentenced today in federal court to 37 months in prison followed by three years of supervised release for his bank robbery conviction.
Baros was arrested in Sept. 2015, on a criminal complaint charging him with robbing the BBVA Compass Bank located at 1201 San Pedro Dr. in Albuquerque, on Sept. 10, 2015. The complaint alleged that Baros robbed the bank by approaching the bank teller and demanding money. Baros was arrested later that day by the Albuquerque Police Department.
Baros was subsequently indicted on Oct. 7, 2015. On March 21, 2016, Baros pled guilty to the indictment and admitted that he robbed the BBVA Compass Bank on Sept. 10, 2015.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney George C. Kraehe prosecuted the case.
Alamogordo Man Facing Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging William Allen Patterson, 34, of Alamogordo, N.M., with federal child pornography charges. Patterson was detained pending trial.
Patterson was arrested on August 10, 2016, on a criminal complaint alleging that he possessed and received visual depictions of minors engaged in sexually explicit activity from 2002 to 2012 and Aug. 10, 2016, in Otero County, N.M. According to the criminal complaint, the investigation into Patterson began in Aug. 2016, after Patterson allegedly admitted to a polygraph examiner that he was addicted to child pornography while undergoing a polygraph examination as part of the application process to be a Border Patrol Agent. On Aug. 9, 2016, law enforcement searched Patterson’s residence and allegedly found a hard drive containing at least 10,000 images of child pornography.
If convicted on the receipt of child pornography charge, Patterson faces a statutory penalty of a mandatory minimum of five years and a maximum of 20 years in prison. If convicted on the possession of child pornography charge, he faces a statutory maximum penalty of ten years in 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 Albuquerque office of Homeland Security Investigations and the Las Cruces Police Department. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 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.
Rio Rancho Man Pleads Guilty to Robbing Bank in AlbuquerqueRead the Press Release
ALBUQUERQUE – Joshua Abeyta, 23, of Rio Rancho, N.M., pled guilty in federal court in Albuquerque, N.M., on Aug. 19, 2016, to a bank robbery charge under a plea agreement with the U.S. Attorney’s Office.
Abeyta was arrested on Oct. 19, 2015, on a criminal complaint charging him with robbing the Santa Fe Federal Credit Bank located at 7101 Jefferson St. NE in Albuquerque, earlier in the day. The complaint alleges that Abeyta robbed the bank by handing a handwritten note with a robbery demand to a bank teller. The teller complied with Abeyta’s written and verbal robbery demands and handed money over to Abeyta. Abeyta left the scene on foot and was pursued by customers of the bank before being arrested by an Albuquerque Police Department officer. Abeyta was subsequently indicted on the same charge on Nov. 17, 2015.
On Aug. 19, 2016, Abeyta entered a guilty plea to the indictment, and admitted to robbing the Santa Fe Federal Credit Union in Albuquerque on Oct. 19, 2015. At sentencing, Abeyta faces a statutory maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which is currently scheduled for Nov. 17, 2016.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.
U.S. Attorney Damon P. Martinez Pays Tribute to Hatch Police Officer Jose ChavezRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez paid tribute to Officer Jose Ismael Chavez of the Hatch Police Department this afternoon during the Officer’s public funeral service at the Pan American Center of New Mexico State University in Las Cruces, N.M. The U.S. Attorney’s remarks are set forth below.
“This afternoon, I have the privilege and honor of representing the federal law enforcement community during this solemn event.
“In these modern times, with all the stresses and complexities of life that pull us apart as a community, we know that there are certain truths that continue to bind us together. The police officer is a constant stabilizing force in our society who was present at the creation of our great nation and who continues to represent that part of our community that maintains law and order.
“In New Mexico, our local, county, state, tribal and federal law enforcement officers comprise one team. In New Mexico, we support our law enforcement officers, and this outpouring today is an example of our support. One officer killed in the line of duty us one officer too many, and we, as a community, must support a culture in which violence against law enforcement officers is unacceptable.
“Today, we offer our deepest condolences to the family of Officer Jose Chavez and pay tribute to his life. In wearing the badge, Officer Chavez stood for justice. In wearing the badge, Officer Chavez was dedicated to something greater than himself. In wearing the badge, Officer Chavez was a deeply heroic person who placed himself between good and evil.
“But Officer Chavez was not solely defined by his job. Officer Chavez was also a member of our community. He was also a son, a devoted partner, and a loving father. And he was a person who lived by integrity, and to whom we owe a great debt. A debt which can only be repaid by ensuring that his family and his daughters know the full support of the community; that the family and daughters of this fallen hero are never forgotten; and that the cause for which he sacrificed his life – the safety of the community – remains a top priority.
“At this time, I would like to read one of the two letters that U.S. Attorney General Loretta Lynch has sent to Officer Chavez’s family.”
USAG Letter Officer Chavez
Kewa Pueblo Woman Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Camille Lovato, 19, a member and resident of Kewa Pueblo, entered a guilty plea yesterday in federal court in Albuquerque, N.M., to an assault charge. The guilty plea was entered without the benefit of a plea agreement.
Lovato was arrested on Jan. 13, 2016, on a criminal complaint charging her with assault with a dangerous weapon and assault resulting in serious bodily injury. According to the criminal complaint, Lovato stabbed a Kewa Pueblo man in the chest with a knife on Jan. 9, 2016. The victim sustained a collapsed lung as a result of the assault, which took place at a residence in Kewa Pueblo.
On April 12, 2016, Lovato was indicted on assault with a dangerous weapon and assault resulting in serious bodily injury charges. During yesterday’s change of plea hearing, she entered a guilty plea to both offenses.
At sentencing, Lovato faces a statutory maximum penalty of ten years in prison. She will remain in federal custody pending her sentencing hearing, which has not been scheduled.
The case was investigated by the Albuquerque office of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Artesia Man Sentenced to Ten Years for Violating Federal Narcotics Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Joe Anthony Reza, 33, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., for his conviction on federal firearms and drug trafficking offenses. Reza will serve 120 months in prison followed by three years of supervised release.
Reza was arrested on June 6, 2015, on a criminal complaint charging him with distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime on Feb. 24, 2015, in Eddy County, N.M. According to the complaint, agents with the Pecos Valley Drug Task Force executed a search warrant at Reza’s residence on Feb. 24, 2015, and seized approximately 117 grams of methamphetamine, three firearms, a marijuana plant and digital scales. At the time, Reza was arrested on state charges which were later dismissed in favor of federal prosecution.
Reza pled guilty on Aug. 19, 2015, to a felony information charging him with possessing methamphetamine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime. In entering his guilty plea, Reza admitted that on Feb. 24, 2015, law enforcement officers seized 117 grams of methamphetamine and a handgun from his residence. Reza further admitted that he possessed the handgun for protection of his drug trafficking activities.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force with assistance from the 5th Judicial District Attorney’s Office. The case was prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Albuquerque Man Sentenced to 96 Months for Federal Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Ernest Cordova, 44, of Albuquerque, N.M., was sentenced today in federal court to 96 months in prison for his conviction on heroin and methamphetamine trafficking charges. Cordova will be on supervised release for fouryears after completing his prison sentence. The sentence was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division.
Cordova, who has six prior felony convictions, was arrested in Feb. 2016, on a criminal complaint charging him with trafficking in heroin and methamphetamine from Jan. 22, 2016 through Feb. 18, 2016. According to the criminal complaint, DEA agents observed Cordova engage in several drug deals in the Albuquerque-area during this period. During the execution of a search warrant at Cordova’s residence on Feb. 18, 2016, the DEA found 134 grams of heroin and 82 grams of methamphetamine.
Cordova and his co-defendant Sara Marie Martinez, 36, also of Albuquerque, were indicted on March 8, 2016. The three-count indictment charged Cordova with participating in a drug trafficking conspiracy, and Cordova and Martinez with possessing heroin and methamphetamine with intent to distribute. According to the indictment, Cordova and Martinez committed the three crimes in Bernalillo County, N.M. The indictment included forfeiture provisions seeking an order requiring Cordova and Martinez to forfeit $8,840.27 to the United States.
Cordova pled guilty to the indictment on March 14, 2016, without the benefit of a plea agreement. Martinez entered a guilty plea yesterday to heroin and methamphetamine trafficking charges without the benefit of a plea agreement. At sentencing, Martinez faces a statutory minimum of five years and maximum of 40 years in federal prison. She remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and Cordova is being prosecuted by Assistant U.S. Attorney Alexander M. Uballez as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average.
The case is also being prosecuted 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.
Roswell Man Sentenced to Seven Years for Conviction on Federal Firearms and Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Israel Luna, 38, of Roswell, N.M., was sentenced today to 84 months in federal prison followed by three years of supervised release for his conviction on firearms and methamphetamine trafficking charges.
Luna was arrested on Sept. 28, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute and carrying a firearm in relation to a drug trafficking crime on Sept. 24, 2015, in Chaves County, N.M. According to the complaint, on Sept. 24, 2015, the Chaves County Metro Narcotics Task Force executed a search warrant on Luna’s residence and seized approximately 7.75 ounces of methamphetamine, $5,726 in cash, drug paraphernalia and a firearm.
On March 8, 2016, Luna pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and using and carrying a firearm in relation to a drug trafficking crime. In entering the guilty plea, Luna admitted that on Sept. 24, 2015, agents found a firearm and approximately 217 grams of methamphetamine from a safe in his bedroom. Luna further admitted that he used the firearm during and in relation to a drug trafficking crime.
This case was investigated by the Roswell office of the FBI and the Chaves County Metro Narcotics Task Force. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Federal Jury Finds “Worst of Worst” Offender from Albuquerque Guilty on Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict late yesterday afternoon finding Samuel Silva, 40, guilty on carjacking and firearms charges arising from a one-day crime spree in April 2014, following a two-day trial. Another federal jury previously convicted Silva on an armed career criminal charge in July 2016.
Yesterday’s verdict was announced U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD).
In announcing the verdict, U.S. Attorney Martinez commended the ATF agents, APD officers and prosecutors responsible for ensuring that Silva will likely spend the rest of his life behind bars where he can never again terrorize innocent residents of our community. The U.S Attorney added, “This is what the federal ‘worst of the worst’ anti-violence initiative is all about – making New Mexicans safer by removing violent, repeat offenders from our communities for as long as possible.”
“This is an example of how our criminal justice system can work at its best,” said 2nd Judicial District Attorney Brandenburg. “When law enforcement agencies collaborate like this, everyone benefits.”
ATF Special Agent in Charge Atteberry said, “Anytime we can take a career criminal off the streets, we are a much safer community. Silva will have a long time to reflect on his actions while he is locked up in a federal prison. We will continue to aggressively pursue and prosecute in federal court these violent career offenders.”
“The Albuquerque Police Department is committed to ensuring that career criminals are not welcome in our city, and we will exhaust every resource to protect and serve our citizens,” said APD Police Chief Eden. “Working in concert with our ‘worst of the worst’ partners guarantees repeat offenders cannot continue to victimize innocent people.”Silva was charged on Dec. 3, 2014, in a six-count indictment with attempted carjacking, brandishing a firearm in furtherance of a crime of violence, carjacking, discharging a firearm in furtherance of a crime of violence, and two counts of being a felon in possession of a firearm and ammunition. The indictment charged Silva with committing the first five offenses on April 23, 2014, and the sixth offense on July 1, 2014, in Bernalillo County, N.M.
According to the indictment, in April and July of 2014, Silva was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses. His prior felony convictions include auto burglary, unlawful taking of a vehicle, aggravated battery on a peace officer, attempted murder with a firearms enhancement, shooting at a motor vehicle, unlawful possession of a firearm, kidnapping with a firearms enhancement, and aggravated assault with a deadly weapon.
Silva was arrested on Dec. 18, 2014, after he was transferred to federal custody from state custody where he was detained on related state charges. The state charges subsequently were dismissed in favor of federal prosecution.
In June 2016, the court ordered separate trials for Silva on the carjacking and firearms offenses he committed on April 23, 2014, and the firearms offense he committed on July 1, 2014.
Silva’s first trial on Count 6 of the indictment began the morning of July 11, 2016, and concluded that that afternoon when the jury returned a guilty verdict. The evidence at trial established that when APD officers arrested Silva on July 1, 2014, he was in possession of a semi-automatic pistol loaded with nine rounds of .40 caliber ammunition. At sentencing on that conviction, Silva faces an enhanced sentence of a statutory mandatory minimum of 15 years and a maximum of life in prison for this conviction because of his status as an armed career criminal.
Silva’s second trial on the remaining five counts of the indictment began on Aug. 15, 2016, and concluded late yesterday afternoon when the jury returned a guilty verdict on all five counts. The evidence at trial established that on April 23, 2014, Silva forced his way into a home in southwest Albuquerque, where he brandished a .45 caliber pistol at the victim and demanded items of value including the keys to the car parked in the homeowner’s (Victim 1) driveway. Silva fled the scene after he bound Victim 1 with electrical cords torn from various appliances in Victim 1’s home. Victim 1 was able to free herself and call for help from a neighbor’s house.
After fleeing from Victim 1’s home, Silva ran approximately one block where he attempted to enter a second residence. When the homeowner (Victim 2) refused and attempted to retrieve his own handgun, Silva shot the locked storm door, breaking the bottom pane of glass and crawled through the glass, cutting himself in the process. Before Victim 2 could retrieve his own firearm, Silva confronted him and demanded the keys to the pickup truck in Victim 2’s driveway. Before Victim 2 could comply with Silva’s demand, Silva shot Victim 2 through the lower left leg. Silva then dragged Victim 2 to the kitchen where he took the keys to the truck. Silva fled Victim 2’s home in the truck, which he abandoned at a third home about a mile away. Forensic scientists were able to identify Silva by blood he left at Victim 2’s home and in the truck.
The jury deliberated for approximately 30 minutes before returning the guilty verdict.
At sentencing, Silva faces a statutory maximum penalty of 15 years in prison on the attempted carjacking charge; a statutory maximum penalty of 25 years in prison on the carjacking charge; and a penalty of a statutory mandatory minimum of 15 years and a maximum of life in prison for being an armed career criminal. Additionally, Silva faces a statutory mandatory minimum of 32 years in prison, which must be served consecutive to any sentence imposed on the other charges, for brandishing and discharging firearms during the attempted carjacking and carjacking. In sum, Silva faces a statutory mandatory minimum term of 47 years to a lifetime of imprisonment for his conviction on Counts 1 through 5 of the indictment.
The case was investigated by ATF in Albuquerque and APD with assistance from the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorneys Jacob A. Wishard and Edward Han are prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat and violent offenders, primarily based on their prior convictions, from counties with the highest violent crime rates under this initiative.
Steve Casaus Sentenced to Ten Years in Federal Prison for Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Steve Casaus, 44, of Albuquerque, N.M., was sentenced today to ten years in federal prison for his conviction on a felon in possession of a firearm and ammunition charge. Casaus will serve his federal sentence consecutive to the 39-year state prison sentence Casaus already is serving for his convictions on state child abuse and drug trafficking charges.
The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
U.S. Attorney Martinez said that Casaus’ federal prosecution was pursued under the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. According to court records, Casaus has been committing crimes since he was 19, and his convictions include DUI, disarming an officer, aggravated assault on a peace officer, receiving stolen property, credit card fraud, cocaine and methamphetamine trafficking, receiving stolen property, and worthless checks. His convictions also include the child abuse conviction arising out of the death of nine-year-old Omaree Varela for which Casaus received a 30-year state sentence and the consecutive nine-year sentence on a drug trafficking conviction .
Casaus was charged in a criminal complaint on April 25, 2014, with unlawfully possessing a firearm and ammunition on April 21, 2014, in Bernalillo County, N.M. Casaus was arrested after APD officers after they observed what they believed to be a drug deal, and based on an outstanding arrest warrant for failing to appear on a pending state court case. At the time of his arrest, Casaus was in possession of $20,790.00 in cash, 1.3 grams of methamphetamine, drug paraphernalia, and a firearm loaded with six rounds of ammunition.
Casaus was indicted on June 11, 2014, and charged with being a felon in possession of firearms and ammunition on April 21, 2014, in Bernalillo County. Casaus was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
The federal prosecution of Casaus was stayed during the pendency of state court proceedings. Casaus was arrested on the federal charge in Jan. 2016, after he was transferred into federal custody from state custody.
On Feb. 24, 2016, Casaus pled guilty to the federal indictment. The guilty plea was entered without the benefit of a plea agreement.
The case was investigated by the Albuquerque office of Homeland Security Investigations and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney David M. Walsh prosecuted the case.
Santa Fe Man and San Pedro Woman Sentenced for Robbing Bank in EspanolaRead the Press Release
ALBUQUERQUE – Fidel Naranjo, 27, of Santa Fe, N.M., and Kendra Brophy, 29, of San Pedro, N.M., were sentenced today in federal court in Albuquerque, N.M., for convictions arising out of the Dec. 2, 2015 robbery of a bank in Espanola, N.M. Naranjo was sentenced to a 40-month term of incarceration followed by three years of supervised release, and Brophy was sentenced to a year of probation to be served under home confinement with electronic monitoring followed by five years of supervised release. Brophy also was ordered to perform 300 hours community service and complete a 90-day inpatient substance abuse treatment program.
Naranjo and Brophy were arrested in Dec. 2015, on criminal complaints charging them with robbing the New Mexico Bank and Trust branch located at 411 Carr Lane in Espanola, N.M. on Dec. 2, 2015. According to the complaint, Naranjo robbed the bank by approaching a bank teller, threatening to shoot her, and demanding money. Naranjo left the bank and was driven away from the scene by Brophy.
Naranjo and Brophy were subsequently indicted on Dec. 17, 2015, and charged with bank robbery.
In April 25, 2016, Naranjo pled guilty to the indictment and admitted that on Dec. 2, 2015, he robbed the New Mexico Bank and Trust in Espanola, by entering the bank and demanding money from the teller.
Brophy pled guilty to a felony information charging her with misprision of a felony on April 21, 2016. In entering her guilty plea, Brophy admitted that on Dec. 2, 2015, her codefendant Naranjo robbed a bank while she waited nearby. Brophy admitted concealing the identity of the bank robber and the cash he obtained during the robbery, and failing to notify the authorities about her codefendant and the robbery.
This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Edward Han.
Navajo Woman from Arizona Sentenced in New Mexico for Federal Involuntary Manslaughter and Assault ConvictionRead the Press Release
ALBUQUERQUE – Miranda Rentz, 41, an enrolled member of the Navajo Nation who resides in Red Valley, Ariz., was sentenced today in federal court in Albuquerque, N.M., for her conviction on involuntary manslaughter and assault charges. Rentz will serve an 84-month prison sentence followed by three years of supervised release.
Rentz was arrested in Jan. 2015, on a criminal complaint charging her with involuntary manslaughter and assault resulting in serious bodily injury. According to the complaint, Rentz killed one victim and seriously injured another when she crashed her vehicle head-on into the victims’ vehicle. At the time of the crash, Rentz while driving under the influence of alcohol. Court documents indicate that the assault victim suffered fractures to her right collarbone, ribs, upper chest wall and right wrist, had brain bleeding and a bruised left lung. The crash occurred on Jan. 17, 2015, in a location within the Navajo Indian Reservation in San Juan County, N.M. Rentz was subsequently indicted on the same charges on Feb. 25, 2015.
On Jan. 20, 2016, Rentz pled guilty to the indictment and admitted killing one victim and assaulting the second victim, causing her to sustain serious bodily injury, by driving recklessly while under the influence of alcohol. Rentz acknowledged that the alcohol rendered her incapable of exercising clear judgment and a steady hand in operating the vehicle. Rentz admitted that she operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Justin Brouillette Sentenced to Eleven Years for Conviction on Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Justin Brouillette, 22, of Albuquerque, N.M., was sentenced today in federal court for his conviction on carjacking and firearms charges, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD). Brouillette will serve 132 months in federal prison followed by five years of supervised release.
In announcing the sentence, U.S. Attorney Martinez said, “Although Brouillette was not a violent, repeat offender and therefore not a typical candidate for federal prosecution under our ‘worst of the worst’ anti-violence initiative, everything changed when he discharged his weapon at officers on July 8, 2015. Our message in prosecuting Brouillette in the federal system is very simple: violence against law enforcement officers will not be tolerated.”
“Today’s sentencing of Justin Brouillette, serves as a harsh reminder that the criminal use of firearms will not be tolerated,” said ATF Special Agent in Charge Atteberry. “ATF, along with our law enforcement partners, stands resolute in its commitment to put these trigger pullers behind bars.”
Chief Eden of the APD added, “The effectiveness of our partnership cannot be challenged. Dangerous criminals, especially those who attack our police officers will continue to face the federal criminal justice system. APD is grateful to our federal law enforcement agencies for their dedication and service to keeping our officers and our community safe from dangerous criminals.”
Brouillette was arrested in July 2015, on a criminal complaint after Brouillette used a firearm on July 8, 2015, to shoot at APD officers as they attempted to execute a traffic stop on him as he was driving in southeast Albuquerque. Shortly thereafter Brouillette crashed his vehicle into a Ford, and then attempted to carjack the Ford by brandishing a firearm at the Ford’s owner and ordering him out of the car. While Brouillette was attempting to carjack the Ford, APD officers drove into the area and Brouillette fled on foot after discharging the firearm at the officers for a second time.
Brouillette was indicted on July 30, 2015, and charged with being a felon in possession of a firearm, attempted carjacking, brandishing a firearm during a carjacking, and brandishing and discharging a firearm during a carjacking. According to the indictment, Brouillette committed these crimes on July 8, 2015, in Bernalillo County, N.M. On that day, Brouillette was prohibited from possessing firearms or ammunition because of his status as a convicted felon; he had two felony convictions for receiving or transferring stolen vehicles in the Second Judicial District Court for the State of New Mexico in Bernalillo County.
Brouillette pled guilty to two counts of the indictment charging him with carjacking and discharging a firearm in furtherance of the carjacking on Nov. 6, 2016. In entering the guilty plea, Brouillette admitted that on July 8, 2015, as he attempted to escape from police and collided with another vehicle, he got out of his vehicle, pointed a gun at the other driver and ordered the other driver out of his vehicle. Brouillette also admitted that he attempted to take the other vehicle but it was disabled, he fired shots at the officers who were trying to apprehend him, and then fled on foot.
This case was investigated by the ATF office in Albuquerque and APD. Assistant U.S. Attorney Presiliano A. Torrez prosecuted the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Jesse Denver Hanes, Alleged Shooter of Hatch Police Officer, Charged with Federal Firearms and Carjacking OffensesRead the Press Release
ALBUQUERQUE –Jesse Denver Hanes has been charged with federal firearms and carjacking offenses arising out of an Aug. 12, 2016 traffic stop in Hatch, N.M., during which Hanes allegedly shot and killed Hatch Police Officer Jose Chavez and Hanes’ efforts to evade arrest following the shooting. The federal charges against Hanes are contained in a criminal complaint filed this morning in the U.S. District Court for the District of New Mexico.
The federal charges were announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. Joining them in making the announcement were Third Judicial District Attorney Mark D’Antonio, Chief James Gimler of the Hatch Police Department, Chief Pete N. Kassetas of the New Mexico State Police, and Doña Ana County Sheriff Enrique Vigil.
Hanes, 38, a resident of Columbus, Ohio, is charged with being a felon in possession of a firearm, carjacking, and discharging a firearm during a crime of violence. The criminal complaint alleges that Hanes committed these crimes in Doña Ana County, N.M., on Aug. 12, 2016. At the time, Hanes was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Hanes was arrested this afternoon on the federal charges by the FBI at a hospital in El Paso, Texas, where he is recuperating from a self-inflicted gunshot wound. His initial appearance in federal court in Las Cruces, N.M., has yet to be scheduled.
In addition to the charges in the federal criminal complaint, Hanes has been charged with the first-degree murder of Officer Chavez in a criminal complaint filed in the Third Judicial District Court for the State of New Mexico in Doña Ana County. The state’s murder investigation is continuing. Hanes also is facing an unrelated murder charge in Ohio.
According to the federal criminal complaint, on the afternoon of Aug. 12, 2016, Officer Chavez executed a traffic stop in Hatch, N.M., on a Lexus driven by Hanes and in which two other men were passengers. During the traffic stop, Hanes allegedly shot Officer Chavez in the upper torso. Officer Chavez died later that night as a result of the gunshot wound.
The criminal complaint alleges that after Hanes and his passengers fled from the scene of the shooting in the Lexus, Hanes shot himself in the leg/groin-area. After Hanes and his passengers parted company, Hanes stopped at a rest area near Radium Springs, N.M., where he allegedly shot a motorist and carjacked the motorist’s vehicle, a Chevrolet. The motorist suffered a serious injury and remains hospitalized in stable condition.
Deputies of the Doña Ana County Sheriff’s Office located the Chevrolet allegedly carjacked by Hanes based on information provided by witnesses and gave chase. The chase ended when Hanes crashed the Chevrolet. After Hanes was taken into custody, a handgun, believed to be the firearm used to shoot Officer Chavez and the motorist, was recovered from the Chevrolet.
If convicted of the crimes charged in the federal criminal complaint, Hanes faces a statutory maximum penalty of ten years in prison for unlawfully possessing a firearm and 25 years in prison on the carjacking charge. If convicted for discharging a firearm during the carjacking, Hanes faces a mandatory minimum penalty of ten years in prison , which must be served consecutive to any sentence imposed on the other charges. These potential penalties apply only to the federal charges and are beyond any penalties that may be imposed under state laws.
Charges in criminal complaints are merely accusations, and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The case was investigated by the Las Cruces office of the FBI, Hatch Police Department, Doña Ana County Sheriff’s Office and New Mexico State Police, with assistance from the 3rd Judicial District Attorney’s Office. The following agencies also assisted in the investigation: Albuquerque and El Paso offices of the FBI, ATF, DEA, U.S. Marshals Service, Homeland Security Investigations, U.S. Border Patrol, Las Cruces Police Department, El Paso (Texas) County Sheriff’s Office and El Paso (Texas) Police Department.
Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their felony conviction records for federal prosecution with the goal of removing violent, repeat offenders from communities in New Mexico for as long as possible.
Alleged Shooter of New Mexico Police Officer Charged with Federal Firearms and Carjacking OffensesRead the Press Release
Ohio Man to be Prosecuted Under Federal “Worst of the Worst” Anti-Violence Initiative
Jesse Denver Hanes, 38, of Columbus, Ohio, has been charged with federal firearms and carjacking offenses arising out of an Aug. 12, traffic stop in Hatch, New Mexico, during which Hanes allegedly shot and killed Hatch Police Officer Jose Chavez and Hanes’ efforts to evade arrest following the shooting. The federal charges against Hanes are contained in a criminal complaint filed this morning in the U.S. District Court for the District of New Mexico.
The federal charges were announced by U.S. Attorney Damon P. Martinez of the District of New Mexico and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. Joining them in making the announcement were Third Judicial District Attorney Mark D’Antonio, Chief James Gimler of the Hatch Police Department, Chief Pete N. Kassetas of the New Mexico State Police and Doña Ana County Sheriff Enrique Vigil.
Hanes is charged with being a felon in possession of a firearm, carjacking and discharging a firearm during a crime of violence. The criminal complaint alleges that Hanes committed these crimes in Doña Ana County, New Mexico, on Aug. 12. At the time, Hanes was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Hanes was arrested this afternoon on the federal charges by the FBI at a hospital in El Paso, Texas, where he is recuperating from a self-inflicted gunshot wound. His initial appearance in federal court in Las Cruces, New Mexico, has yet to be scheduled.
In addition to the charges in the federal criminal complaint, Hanes has been charged with the first-degree murder of Officer Chavez in a criminal complaint filed in the Third Judicial District Court for the state of New Mexico in Doña Ana County. The state’s murder investigation is continuing. Hanes also is facing an unrelated murder charge in Ohio.
According to the federal criminal complaint, on the afternoon of Aug. 12, Officer Chavez executed a traffic stop in Hatch on a Lexus driven by Hanes and in which two other men were passengers. During the traffic stop, Hanes allegedly shot Officer Chavez in the upper torso. Officer Chavez died later that night as a result of the gunshot wound.
The criminal complaint alleges that after Hanes and his passengers fled from the scene of the shooting in the Lexus, Hanes shot himself in the leg/groin-area. After Hanes and his passengers parted company, Hanes stopped at a rest area near Radium Springs, New Mexico, where he allegedly shot a motorist and carjacked the motorist’s vehicle, a Chevrolet. The motorist suffered a serious injury and remains hospitalized in stable condition.
Deputies of the Doña Ana County Sheriff’s Office located the Chevrolet allegedly carjacked by Hanes based on information provided by witnesses and gave chase. The chase ended when Hanes crashed the Chevrolet. After Hanes was taken into custody, a handgun, believed to be the firearm used to shoot Officer Chavez and the motorist, was recovered from the Chevrolet.
If convicted of the crimes charged in the federal criminal complaint, Hanes faces a statutory maximum penalty of 10 years in prison for unlawfully possessing a firearm and 25 years in prison on the carjacking charge. If convicted for discharging a firearm during the carjacking, Hanes faces a mandatory minimum penalty of 10 years in prison, which must be served consecutive to any sentence imposed on the other charges. These potential penalties apply only to the federal charges and are beyond any penalties that may be imposed under state laws.
Charges in criminal complaints are merely accusations, and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The case was investigated by the Las Cruces office of the FBI, Hatch Police Department, Doña Ana County Sheriff’s Office and New Mexico State Police, with assistance from the Third Judicial District Attorney’s Office. The following agencies also assisted in the investigation: Albuquerque and El Paso offices of the FBI, ATF, DEA, U.S. Marshals Service, Homeland Security Investigations, U.S. Border Patrol, Las Cruces Police Department, El Paso, Texas, County Sheriff’s Office and El Paso Police Department.
Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their felony conviction records for federal prosecution with the goal of removing violent, repeat offenders from communities in New Mexico for as long as possible.
Statement by U.S. Attorney Damon P. Martinez on Assassination of Officer Jose Chavez of the Hatch Police DepartmentRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez issued the following statement upon learning of the passing of Officer Jose Chavez of the Hatch Police Department, who died tonight as a result of injuries sustained when he was shot during a traffic stop earlier today:
“On behalf of the U.S. Attorney’s Office and the entire federal law enforcement community, I want to express our deepest condolences to the family of Officer Jose Chavez and the men and women of the Hatch Police Department. Violence against law enforcement officers is unacceptable and cannot be tolerated.”
“Officer Chavez’s death underscores once again the real dangers that are routinely faced by those who protect and serve their fellow citizens, and reminds us that we are deeply indebted to our law enforcement officers for placing their lives on the line each and every day in order to preserve public safety.”
“The thoughts and prayers of the entire federal law enforcement community are with Officer Chavez’s family and loved ones during this very difficult time.”
MEDIA ADVISORY-- U.S. Attorney and Law Enforcement Officials to Hold Press Conference to Announce Results of Significant ATF-Led Multi-Agency Law Enforcement OperationRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will hold a press conference at 10:00 A.M. TODAY, FRIDAY, AUGUST 12, 2016, to announce the results of a significant ATF-led multi-agency law enforcement operation. They will be joined by the leadership of the agencies participating in the operation.
WHO:
U.S. Attorney Damon P. Martinez
Special Agent in Charge Thomas G. Atteberry, ATF Phoenix Field Division
2nd Judicial District Attorney Kari E. Brandenburg
Special Agent in Charge Will R. Glaspy, DEA El Paso Division
Chief Deputy U.S. Marshal Alex Ramos
New Mexico State Police Chief Pete N. Kassetas
Albuquerque Police Chief Gorden E. Eden, Jr.
Bernalillo County Sheriff Manuel Gonzales III
New Mexico Corrections Department Secretary Gregg Marcantel
Rio Rancho Police Chief Michael Geier
WHEN:
FRIDAY, AUGUST 12, 2016
10:00 a.m.
WHERE:
U.S. Attorney’s Office of the District of New Mexico
201 Third Street NW
10th Floor Multi-Media Room (Reception on Ninth Floor)
Albuquerque, NM 87102
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (i.e., driver’s license) and valid media credentials. Media may begin to arrive at 9:30 a.m. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or [email protected].
Habitual Domestic Violence Offender from Isleta Pueblo Sentenced for Assaulting Isleta Pueblo WomanRead the Press Release
ALBUQUERQUE – Daniel V. Olguin, 29, an enrolled member of the Isleta Pueblo who resides in Bosque Farms, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison for his assault conviction. Olguin will be on supervised release for three years after completing his prison sentence.
Olguin was arrested on Jan. 15, 2016, on a criminal complaint charging him with assault with a dangerous weapon with intent to do bodily harm. According to the complaint, Olguin assaulted the victim, an Isleta Pueblo woman, by striking and punching her repeatedly with a closed fist on Dec. 19, 2015. The complaint also asserted that Olguin strangled the victim on Dec. 18-19, 2015.
Olguin was subsequently indicted on Feb. 9, 2016, and charged with assault resulting in serious bodily injury and assault by a habitual offender which occurred between Dec. 18 and 19, 2015 in Indian Country in Valencia County. According to the indictment, Olguin was previously convicted of domestic violence, battery on a household member and aggravated assault in Isleta Tribal Court in 2009 and 2012.
On April 1, 2016, Olguin pled guilty to Count 1 of the indictment charging him with assault resulting in serious bodily injury. In entering the guilty plea, Olguin admitted that on Dec. 19, 2015, he assaulted the victim by striking her with a closed fist on her face and head. The victim suffered bilateral nasal bone fractures and a minimally displaced left zygomatic fracture as a result of the assault, which took place on the Isleta Pueblo.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department. Assistant U.S. Attorney Niki Tapia-Brito prosecuted the case.
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.
Federal Investigation Targets Violent Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) today announced the results of a four-month, multi-agency investigation targeting violent crime in Bernalillo County, N.M., during a press conference. Joining them in making the announcement were 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division, Chief Deputy U.S. Marshal Alex Ramos, New Mexico State Police Chief Pete N. Kassetas, Albuquerque Police Chief Gorden E. Eden, Jr., Bernalillo County Sheriff Manuel Gonzales III, New Mexico Corrections Department Secretary Gregg Marcantel, and Rio Rancho Police Chief Michael Geier.
The ATF-led investigation resulted in the filing of 58 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation also developed information leading to the indictment of four other individuals on state charges arising out of two murders in Bernalillo County in May and June 2016.
The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms. The investigation, which concluded yesterday, was the ninth multi-agency, multi-month investigation completed throughout the United States under the ATF’s Enhanced Enforcement Initiative (EEI).
The investigation was also undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
In announcing the results of the investigation, U.S. Attorney Damon P. Martinez said, “The purpose behind this investigation and its resulting prosecutions is to ensure that we keep control of our streets. The law enforcement community is sending a loud and clear message to the worst of the worst offenders in our community: you cannot commit crime in New Mexico with impunity and without consequence. We are putting you on notice. We are watching, and we will continue to be vigilant.”
“ATF’s Enhanced Enforcement Initiative (EEI) has cut a distinctive path through the violent criminal element in the Albuquerque metropolitan area. Utilizing the federal firearms and narcotics laws, our undercover agents have arrested 98 individuals and taken 127 firearms off the streets, making this EEI the most successful and impactful enforcement operation to date said,” ATF Special Agent in Charge Thomas G. Atteberry. “The federal prosecution of these individuals, some of whom have significant criminal histories, puts the brakes on the turnstile justice often experienced in the state judicial system. Our goal is simple: to put violent, repeat offenders behind bars for as long as possible, and keep them from interacting with the good people of New Mexico.”
“The results of this enforcement initiative exceeded our expectations. It has confirmed, however, what those of us in law enforcement already knew: there is a clear and direct correlation between drugs, guns and violence,” said DEA Special Agent in Charge Will R. Glaspy. “DEA will continue to work with our law enforcement partners to target those individuals and criminal organizations who spread their poison on the streets of Albuquerque, and in doing so we will make our community a safer place for all.”
Deputy U.S. Marshal Alex Ramos added, “By combining the resources of the various agencies, we are able to accomplish many things that one agency by itself would be hard pressed to achieve. When law enforcement and the public join forces, each are doing their part to make our communities, our homes and most importantly, our families safer. This was truly a team effort.”
To date, 94 of the 104 federal defendants and the four state defendants have been arrested. The defendants were arrested during two phases of the investigation. The first began in mid-April 2016 and concluded on July 7, 2016, and the second began on July 8, 2016 and concluded on August 10-11, 2016. As of the issuance of this press release, ten federal defendants have yet to be arrested and are considered fugitives. Information about the defendants and the charges against them is attached to this press release.
During the course of the investigation, law enforcement officers took 127 firearms, including a number of assault-type weapons, off the streets of Albuquerque and Bernalillo County. They also purchased and seized more than 17 pounds of methamphetamine, more than 2.5 pounds of heroin, 14 ounces of crack cocaine, more than a pound and a half of cocaine, and 100 pills. Four vehicles were also seized during the investigation.
“Once again, we are proud to be part of the cooperative effort by federal and state agencies to effect greater public safety for our citizens,” said 2nd Judicial District Attorney Kari E. Brandenburg. “Our prosecutors are dedicated to doing their best to ensure justice for the families and friends of the victims. I want to personally thank each agency for their hard work and assure them of our continued commitment.”
“The citizens of New Mexico are safer today because of the collaborative effort between law enforcement agencies. When law enforcement agencies combine resources and assets, we are able to prevent violent crimes,” said New Mexico State Police Chief Pete N. Kassetas. “This operation is a great example of how local, county, state and federal agencies are working with State District Attorneys and the U.S. Attorney to prevent violent crimes. It also reinforces that there are consequences to those that choose to commit violent crimes in our state.”
“The Albuquerque Police Department greatly appreciates that ATF selected Albuquerque for this complex operation, which has been extremely successfully because of strong support from the U.S. Attorney’s Office,” said Albuquerque Police Chief Gorden E. Eden, Jr. “This operation demonstrates yet again the critical cooperation necessary to fight crime and the criminal element that preys on the innocent. As these cases advance through the criminal justice system, we will all witness the strength of our collaborative commitment to the safety and security of this community.”
New Mexico Corrections Department Secretary Gregg Marcantel noted, “The work represented today is much more than cooperation between agencies – it is true collaboration. It is collaboration because much more is involved than simply working together. These results are about law enforcement, corrections and prosecutors, with like hearts and purpose, walking along-side one another to add value and safety to our communities.”
“In times of minimal staffing and other diminished resources, multi-jurisdictional activities like this one will prove to be an effective approach to combating the serious violent crime epidemic in our communities. The old adage, ‘united we stand, but divided we fall’ still holds true today,” said Rio Rancho Police Chief Michael Geier. “The Rio Rancho Police Department was honored to be part of this innovative and cooperative team effort.”
The following agencies participated in the investigation: ATF, including its Albuquerque office, DEA in Albuquerque, U.S. Marshals Service, New Mexico State Police, Albuquerque Police Department, the Bernalillo County Sheriff’s Office, the Security Threat Intelligence Unit and the Probation and Parole Division of the New Mexico Corrections Department, and the Rio Rancho Police Department. Assistant U.S. Attorneys Kimberly A. Brawley, Rumaldo R. Armijo, Norman Cairns, Eva M. Fontanez, Edward Han, Samuel A. Hurtado, Paul Mysliwiec, Paul H. Spiers, James D. Tierney, Presiliano A. Torrez, David M. Walsh, and Jacob A. Wishard are prosecuting the federal cases. The state cases are being prosecuted by Assistant District Attorneys Sherri Trevino and Mark Probasco of the 2nd Judicial District Attorney’s Office.
Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
Photographs of the ten fugitives are attached to this press release. Individuals with information on the whereabouts of these fugitives are asked to contact the U.S. Marshals Service at (505) 346-6400.
ATF Takedown Defendants and Charges
ATF Fugitive Ayala ATF Fugitive Barela ATF Fugitive Bowman ATF Fugitive Chestnut ATF Fugitive Cropsey ATF Fugitive Loya ATF Fugitive Parra ATF Fugitive Rivas ATF Fugitive Ruiz ATF Fugitive Torrez
Non-Indian Sex Offender from Vanderwagon Pleads Guilty to Sexual Abuse and Kidnapping Charges Involving Navajo ChildRead the Press Release
ALBUQUERQUE – William Detwiler, 67, a non-Indian who resides in Vanderwagon, N.M., pled guilty today in federal court in Albuquerque, N.M., to child sexual abuse and kidnapping charges. Under the terms of his plea agreement, Detwiler will be sentenced within the range of 120 to 150 months in federal prison followed by a term of supervised release to be determined by the court. Detwiler will be required to register as a sex offender after completing his prison sentence.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and New Mexico State Police Chief Pete N. Kassetas.
Detwiler, who has a prior conviction for criminal sexual contact with a minor, was arrested on May 31, 2016, on a four-count indictment, charging him with two counts of aggravated child sexual assault and two counts of kidnapping. According to the indictment, Detwiler kidnapped an Indian child under the age of 16 years and sexually abused the victim on two occasions between Nov. 2013 and June 2014. Detwiler was charged with committing the four crimes on the Navajo Indian Reservation in McKinley County, N.M.
During today’s plea hearing, Detwiler pled guilty to a felony information charging him with abusive sexual contact and kidnapping. In entering the guilty plea, Detwiler admitted that in Nov. 2013, 2013, he engaged in sexual contact with the victim and acknowledged that the victim was under the age of 16 years. Detwiler further admitted that on a date between Aug. 1, 2014 and Sept. 30, 2014, he kidnapped a different Indian child under the age of 16 years.
Detwiler remains in federal custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the New Mexico State Police. It is being prosecuted by Assistant U.S. Attorneys Nicholas Marshall and Novaline D. Wilson 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 is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates under this initiative.
Justice Department Files Lawsuit Against New Mexico State University Alleging Discrimination in Pay Against Female CoachRead the Press Release
ALBUQUERQUE – The Justice Department announced today that it has filed a lawsuit alleging that New Mexico State University and its Board of Regents (NMSU) discriminated against a female former assistant track coach on the basis of sex by paying her less than similarly-situated men in violation of Title VII of the Civil Rights Act of 1964.
The Justice Department’s complaint was filed in the U.S. District Court for the District of New Mexico and alleges that, over the relevant periods of time, NMSU paid Meaghan Harkins thousands of dollars less per year than it paid to two male assistant track coaches with similar responsibilities, in violation of Title VII. Title VII is a federal statute that prohibits employment discrimination – including discrimination in compensation – on the basis of sex, race, color, national origin and religion.
“Women deserve the same salary and the same respect as their male colleagues with similar job duties,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Lawsuits like this one demonstrate the Justice Department’s steadfast commitment to enforcing federal law to close the wage gap.”
“This lawsuit reflects the recognition by the Department of Justice of the bedrock principle of equal pay for equal work and that this principle must be applied to all employees within the public sector workforce,” said U.S. Attorney Damon P. Martinez of the District of New Mexico.
Harkins originally filed a charge of sex discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC’s El Paso Area Office investigated the charge and found reasonable cause to believe that NMSU discriminated against Harkins. After unsuccessful conciliation efforts, the EEOC referred the charge to the Justice Department.
Enforcement of federal employment discrimination laws remains a top priority of the Justice Department. More information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at www.justice.gov/crt.
NMSU Complaint
Justice Department Files Lawsuit Against New Mexico State University Alleging Discrimination in Pay Against Female CoachRead the Press Release
The Justice Department announced today that it has filed a lawsuit alleging that New Mexico State University and its Board of Regents (NMSU) discriminated against a female former assistant track coach on the basis of sex by paying her less than similarly-situated men in violation of Title VII of the Civil Rights Act of 1964.
The Justice Department’s complaint was filed in the U.S. District Court for the District of New Mexico and alleges that, over the relevant periods of time, NMSU paid Meaghan Harkins thousands of dollars less per year than it paid to two male assistant track coaches with similar responsibilities, in violation of Title VII. Title VII is a federal statute that prohibits employment discrimination – including discrimination in compensation – on the basis of sex, race, color, national origin and religion.
“Women deserve the same salary and the same respect as their male colleagues with similar job duties,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Lawsuits like this one demonstrate the Justice Department’s steadfast commitment to enforcing federal law to close the wage gap.”
“This lawsuit reflects the recognition by the Department of Justice of the bedrock principle of equal pay for equal work and that this principle must be applied to all employees within the public sector workforce,” said U.S. Attorney Damon P. Martinez of the District of New Mexico.
Harkins originally filed a charge of sex discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC’s El Paso Area Office investigated the charge and found reasonable cause to believe that NMSU discriminated against Harkins. After unsuccessful conciliation efforts, the EEOC referred the charge to the Justice Department.
Enforcement of federal employment discrimination laws remains a top priority of the Justice Department. More information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at www.justice.gov/crt.
New Mexico State University Complaint
Habitual Domestic Violence Offender from Zuni Pueblo Sentenced to Prison for Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Fabian Tsethlikai, 47, a member and resident of Zuni Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 21 months in prison followed by three years of supervised release for his conviction on a domestic assault by a habitual offender charge.
Tsethlikai was arrested on Feb. 10, 2016, on an indictment charging him with assault of an intimate partner by a habitual offender. The indictment alleged that Tsethlikai committed the offense on Dec. 10, 2014, on Zuni Pueblo in McKinley County, N.M. Tsethlikai was charged as a habitual offender based on his two prior domestic violence convictions in Zuni Pueblo Tribal Court. Zuni Pueblo Tribal Court records reflect that Tsethlikai’s prior convictions occurred in 2010 and 2011.
On May 13, 2016, Tsethlikai pled guilty to the indictment and admitted that on Dec. 10, 2014, he assaulted the victim, his intimate partner, by repeatedly striking her in the face with his fist while driving a vehicle within the Zuni Reservation. He also acknowledged his two prior tribal court convictions.
This case was investigated by the Zuni Pueblo Tribal Police Department. The case was prosecuted by Assistant U.S. Attorney David Adams 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.
El Paso, Texas, Man Facing Federal Drug Trafficking Charge in New Mexico Following Seizure of 41 Pounds of CocaineRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Gerry Billy Olivas, 39, of El Paso, Texas, with a cocaine trafficking offense after Olivas waived a preliminary hearing. Olivas was remanded into custody pending trial.
Olivas was arrested on Aug. 3, 2016, on a criminal complaint alleging that he possessed approximately 18.8 kilograms (41.44 pounds) of cocaine in Otero County, N.M. According to the complaint, Olivas was arrested on Aug. 3, 2016, after U.S. Border Patrol agents at the U.S. Border Patrol checkpoint south of Alamogordo, N.M., allegedly seized approximately 16.2 kilograms (35.71 pounds) of cocaine from Olivas’ vehicle. The agents also seized approximately 2.6 kilograms (5.73 pounds) of cocaine from a storage unit located in El Paso that was allegedly owned by Olivas.
If convicted of the charge in the criminal complaint, Olivas faces a statutory minimum 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 Alamogordo station of the U.S. Border Patrol and the Las Cruces office of the DEA. Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Justice Department, EPA and the State of New Mexico Announce Settlement for $143 Million Cleanup at the Chevron Questa MineRead the Press Release
ALBUQUERQUE – The Department of Justice, the U.S. Environmental Protection Agency (EPA) and the state of New Mexico today announced a settlement with Chevron Mining Inc. (CMI) requiring $143 million in cleanup work at the Chevron Questa Mine Superfund site near Questa, New Mexico. As part of the settlement, the company will perform a pilot project to cover about 275 acres of the tailing facility where mine waste or “tailings” are stored, operate a water treatment plant and install groundwater extraction systems. CMI will also pay over $5.2 million to reimburse EPA’s past costs for overseeing cleanup work at the site.
“This settlement will advance substantial cleanup work at the Questa site, and require actions to prevent future contamination of the Red River,” said Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division. “This settlement is the product of excellent cooperation between the state and federal governments and CMI to continue the vital cleanup work at the Chevron Questa Mine Site.”
“This settlement builds on the consent decree entered into in September of last year and represents another affirmative step towards remedying the serious environmental damages suffered by this beautiful area of New Mexico as a result of decades of extensive mining activities,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “In addition to requiring crucial cleanup work, the settlement includes important measures to prevent further contamination of the environment and provides for extensive monitoring to ensure compliance.”
“Protecting precious water resources is essential to the health of New Mexico’s communities and the state’s economy,” said EPA Regional Administrator Ron Curry. “While mining pollution is a complex issue, EPA and our partners are pleased to see the next phase of the cleanup at the Questa site take shape.”
“This $143 million cleanup is a powerful example of regulatory protections that work,” said Acting Secretary Butch Tongate for the New Mexico Environment Department. “In addition to the $112 million already collected for environmental work during this administration, the State of New Mexico is pleased with the enforcement of regulations that hold Chevron Mining accountable for the environmental impacts caused by the now-closed Questa Mine which will foster a renewed Questa/Red River destination area.”
The proposed partial consent decree, if approved by the court, will provide for the next phase of the cleanup at the former mine site. It is the largest settlement of its kind for cleanup work in EPA Region 6. CMI has already completed a number of response projects at the site under previous agreements with EPA, including the cleanup of Eagle Rock Lake and the removal of numerous tailing spills. The new work will improve efforts to permanently prevent contamination from the site from affecting the Red River and other water resources and further reduce risks for nearby communities and the surrounding environment. This includes covering and revegetating about 275 acres of the tailings facility, improving and installing new systems that prevent contaminated water from reaching the Red River and operating and maintaining a water treatment plant. The settling parties will also monitor the remedy’s long-term effectiveness at reducing risks to human health and the environment.
The proposed settlement announced today follows on a September 2015 consent decree entered into by the United States, on behalf of the U.S. Fish and Wildlife Service of the Department of the Interior and the Forest Service of the Department of Agriculture, and the State, on behalf of the New Mexico State Office of Natural Resource Trustee, resolving claims for natural resource damages at the Site. Under that consent decree, CMI paid more than $4.2 million for restoring, replacing or acquiring natural resources damaged by mine activities. The current consent decree addresses separate claims from the natural resource damages consent decree.
The Chevron Questa Mine, previously known as the Molycorp Mine, operated intermittently from 1919 until 2014, when CMI permanently closed the mine. Mining operations and waste disposal contaminated soil, sediment, surface water and groundwater. While the mine was operating, approximately 328 million tons of acid-generating waste rock were excavated and deposited in nine large waste rock piles. After molybdenum was extracted from ore, the tailing was transported by pipeline to a tailing facility where it was deposited in tailing impoundments.
The cleanup is being accomplished under the federal Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund. The Superfund law protects human health and the environment while safeguarding taxpayer dollars by holding parties that contributed to contamination responsible for cleaning it up. Since 1980, EPA’s Superfund program has managed the cleanup of the nation’s most hazardous waste sites and has responded to environmental emergencies, oil spills and natural disasters.
The public has the opportunity to submit written comments on the consent decree, which is subject to the 30-day comment period and final approval by the court. A copy of the consent decree is available at https://www.justice.gov/enrd/consent-decree/us-v-chevron-mining-inc.
Albuquerque Woman Pleads Guilty to Federal Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Sara Marie Martinez, 36, of Albuquerque, N.M., pleaded guilty today in federal court to an indictment charging her with heroin and methamphetamine trafficking offenses. Martinez entered the guilty plea without the benefit of a plea agreement. Co-defendant Ernest Cordova, 44, also of Albuquerque, previously pled guilty to the indictment in March 2016.
Martinez and Cordova were charged in March 2016 in a three-count indictment with heroin and methamphetamine trafficking offenses. According to the indictment, Cordova conspired to distribute heroin and methamphetamine from Jan. 22, 2016 through Feb. 18, 2016 and Cordova and Martinez possessed heroin and methamphetamine with intent to distribute on Feb. 18, 2016. The indictment alleged that they committed the crimes in Bernalillo County, N.M. The indictment included forfeiture provisions requiring Cordova and Martinez to forfeit $8,840.27 to the United States.
According to court documents, DEA agents observed Cordova engage in several drug deals in the Albuquerque-area between Jan. 22, 2016 and Feb. 18, 2016. During the execution of a search warrant on Cordova’s residence on Feb. 18, 2016, the DEA found 134 grams of heroin and 82 grams of methamphetamine.
At sentencing, Martinez and Cordova each face a statutory minimum of five years and maximum of 40 years in federal prison. Martinez and Cordova remain in custody pending sentencing hearings.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Alexander M. Uballez 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.
Albuquerque Man Agrees to 12 Year Prison Sentence for Discharging Firearm During Attempted Robbery of RestaurantRead the Press Release
ALBUQUERQUE – Peter Pagan, 23, of Albuquerque, N.M., pled guilty today in federal court to violating the Hobbs Act by attempting to rob an Albuquerque-area fast food restaurant and to discharging a firearm during the attempted robbery. Under the terms of his plea agreement, Pagan will be sentenced to 147 months in federal prison followed by a term of supervised release to be determined by the court.
Pagan was charged by criminal complaint in Oct. 2015, with discharging a firearm while attempting to rob the Blake’s Lotaburger located at 6215 San Antonio Dr. NE in Albuquerque on Jan. 27, 2015. According to the complaint, Pagan entered the restaurant, pointed a firearm at employees, and demanded money. When the employees were unable to open the cash register, Pagan shot a round of ammunition into the ceiling before running out of the restaurant. When a customer attempted to chase him down, Pagan allegedly fired nine rounds into the customer’s vehicle.
Pagan subsequently was indicted on Nov. 17, 2015, and charged with violating the Hobbs Act and discharging a firearm during a crime of violence. According to the indictment, Pagan committed the crimes on Jan. 27, 2015, in Bernalillo County, N.M.
During today’s proceedings, Pagan pled guilty to the indictment. In entering the guilty plea, Pagan admitted that on Jan. 27, 2015, he entered a Blake’s Lotaburger armed with a loaded handgun and demanded money. Pagan further admitted firing a round into the ceiling of the restaurant when employees were unable to open the cash register.
State charges against Pagan were dismissed in favor of federal prosecution. Pagan has been in federal custody since his arrest on the federal complaint and remains detained, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Paul H. Spiers and Rumaldo R. Armijo are prosecuting the case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average.
Florida Man Sentenced in New Mexico for Defrauding Social Security AdministrationRead the Press Release
ALBUQUERQUE – Joe Pat McFarlin, 68, of Fountain, Fla., pled guilty last week to social security fraud in federal court in Albuquerque, N.M. Immediately after entering his guilty plea, McFarlin was sentenced to five years of probation and ordered to pay $342,475.08 in restitution to the Social Security Administration (SSA) and U.S. Department of Veterans Affairs (VA).
McFarlin was charged by a felony information on Aug. 21, 2015, with defrauding the SSA. The information alleged that McFarlin failed to disclose the fact that he was gainfully employed to the SSA in order to obtain social security benefits to which he was not entitled. The information alleged that McFarlin committed the crime in Valencia County, N.M., in May 2012.
On July 26, 2016, McFarlin entered a guilty plea to the information, and admitted that in May 2012, he sent a work activity report to the SSA, which failed to disclose the fact that he was working for the Franken Oil Company and its subsidiary AB Tire Company. McFarlin admitted that he concealed the fact that he was being paid in order to increase the amount the SSA paid him in disability benefits.
In his plea agreement, McFarlin agreed to the entry of an order requiring him to pay $154,046.40 in restitution to the SSA. McFarlin also agreed to the entry of an order requiring him to pay $188,428.68 in restitution to the VA.
This case was investigated by the SSA, Office of the Inspector General and the VA, Office of the Inspector General. Assistant U.S. Attorney Paul Mysliwiec prosecuted the case.
Mescalero Apache Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Raybert Darin Ahidley, 29, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Las Cruces, N.M., to a sexual abuse of a minor charge.
Ahidley was arrested on Feb. 8, 2016, on a criminal complaint charging him with sexually abusing a minor who was between 12 and 16 years of age in Otero County, N.M. The criminal complaint indicated that the victim is also a member of the Mescalero Apache Nation.
During today’s proceedings, Ahidley pled guilty to a felony information charging him with sexually abusing a minor. In entering the guilty plea, Ahidley admitted that he was 29 years old when he engaged in a sexual act with the victim who was 15 years old at the time. Ahidley further admitted that the abuse took place on the Mescalero Apache reservation in Otero County.
At sentencing, Ahidley faces a statutory maximum penalty of 15 years in federal prison. He will be required to register as a sex offender after he completes his prison sentence. Ahidley remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office 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/.
Former Bernalillo County Firefighter Sentenced to Prison for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Patrick M. Lopez, 48, of Albuquerque, N.M., was sentenced today in federal court to 18 months in prison followed by ten years of supervised release for his conviction on child pornography charges. Lopez also was ordered to pay a $3,000 fine. He will be required to register as a sex offender after he completes his prison sentence.
Lopez was arrested in July 2015, on a criminal complaint charging him with possession of visual depictions of minors engaged in sexually explicit conduct. At the time of his arrest, Lopez was employed as a paramedic/firefighter with the Bernalillo County Fire Department.
The charges against Lopez arose from an investigation by the FBI and the Bernalillo County Sheriff’s Office (BCSO). On July 10, 2015, the FBI and BCSO executed a federal search warrant at Lopez’s residence. During the search, forensic examiners found a laptop computer that contained videos consistent with child pornography.
On Jan. 19, 2016, Lopez pled guilty to a felony information charging him with possession of child pornography without the benefit of a plea agreement. According to the information, Lopez possessed the child pornography in Bernalillo County, N.M., between Jan. 19, 2015 and July 10, 2015.
This case was investigated by the Albuquerque office of the FBI and BCSO, both members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.
The case was prosecuted by Assistant U.S. Attorney Shammara H. Henderson 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 82 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.
Carlsbad Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Mia Coy Campbell, 33, of Carlsbad, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing a firearm. Under the terms of his plea agreement, Campbell will be sentenced to 60 months in federal prison followed by a term of supervised release to be determined by the court.
Campbell was arrested on Sept. 24, 2015, on a criminal complaint charging him with unlawfully possessing a firearm on July 30 and 31, 2015, in Eddy and Chaves Counties, N.M. According to the complaint, law enforcement officers found an assault rifle, which Campbell allegedly used to shoot at an occupied residence in Carlsbad, when they executed a search warrant at a residence in Roswell, N.M.
Campbell was indicted in Oct. 2015, and charged with unlawfully possessing a firearm in Eddy County on Aug. 4, 2015. The indictment was superseded in Feb. 2016, to charge Campbell with two counts of being a felon in possession of a firearm based on his possession of firearms on July 31, 2015 and Aug. 4, 2015, and one count of unlawfully possessing a machinegun on July 31, 2015. Campbell was prohibited from possessing firearms or ammunition because of his prior felony convictions for possession of methamphetamine and escape of a prisoner.
During today’s proceedings, Campbell entered a guilty plea to the superseding indictment. In entering the guilty plea, Campbell admitted that on July 30 and 31, 2015, he possessed an assault rifle, which is considered a machinegun under federal law. Campbell also admitted that on Aug. 4, 2015, he unlawfully possessed a pistol. Campbell acknowledged that he was prohibited from possessing firearms because of his status as a convicted felon.
Campbell remains in custody pending a sentencing hearing, which has yet to be scheduled.
Campbell also is awaiting sentencing in another federal case in which a federal jury convicted him in March 2016, of being a felon in possession of a firearm. In that case, the jury found Campbell guilty of unlawfully possessing a firearm in Eddy County on Sept. 24, 2015. Campbell faces a statutory maximum penalty of ten years in prison.
This case was investigated by the Roswell office of the FBI and the Carlsbad Police Department. Assistant U.S. Attorneys Randy M. Castellano and John A. Balla of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Albuquerque Man Sentenced to Prison for Federal Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Ramon Phillip Baca, 44, of Albuquerque, N.M., was sentenced today in federal court to 57 months in prison followed by three years of supervised release for his heroin trafficking conviction.
Baca was indicted on Dec. 1, 2015, and charged with distributing heroin on May 20, 2015 and June 16, 2015, in Bernalillo County, N.M.
On May 3, 2016, Baca pled guilty to distributing heroin, and admitted that on June 16, 2015, he met with an individual who, unbeknownst to him was working with the FBI, with the intention of selling him two ounces of heroin in exchange for $1,300.
This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s Office with assistance from the New Mexico Corrections Department. Assistant U.S. Attorney Shana B. Long prosecuted 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.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Joseph Vallejos, 23, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Vallejos and co-defendant Renee Rodriguez, 32, also of Roswell, were charged in a criminal complaint filed in Sept. 2015, with conspiracy, distribution of methamphetamine, and firearms offenses in Chaves County, N.M. According to the criminal complaint, Vallejos and Rodriguez sold an aggregate of 157.7 grams of methamphetamine to undercover law enforcement officers during nine separate transactions between July 2015 and Sept. 2015. The complaint further charged Rodriguez with brandishing a handgun during a methamphetamine transaction on July 8, 2015, and Vallejos with brandishing a handgun during a methamphetamine transaction on Sept. 16, 2015.
Vallejos and Rodriguez subsequently were charged in a nine-count indictment that was filed on Dec. 17, 2015. The indictment charged Vallejos and Rodriguez with conspiring to distribute methamphetamine from July 1, 2015 through July 30, 2015. It also charged Rodriguez with distributing methamphetamine on three occasions in July 2015, and Vallejos and Rodriguez with distributing methamphetamine on four occasions in July 2015. Rodriguez also was charged with brandishing a firearm during a drug trafficking crime on July 8, 2015. According to the indictment, Vallejos and Rodriguez committed the nine crimes in Chaves County.
During today’s proceedings, Vallejos pled guilty to a conspiracy charge and four methamphetamine distribution charges. At sentencing, Vallejos faces a statutory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release. Vallejos also will be ordered to pay $750.00 in restitution to the United States, which represents the proceeds he derived from the drug trafficking offenses to which he pleaded guilty. Vallejos remains in custody pending a sentencing hearing, which has yet to be scheduled.
Rodriguez has entered a not guilty plea to the complaint and indictment. She remains detained pending trial, which is currently scheduled to begin on Aug. 15, 2016. Charges in criminal complaints and indictments are merely accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Las Cruces office of the FBI and the New Mexico State Police. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Mescalero Apache Man Pleads Guilty to Escape and Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Tyree Brent Mariano, 26, an enrolled member of the Mescalero Apache Nation residing in Albuquerque, N.M., pled guilty this morning in federal court to escape and 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.
Mariano was arrested on May 21, 2016, on an indictment charging him with violating SORNA by failing to update his sex offender registration and escaping from a half-way house where he was confined following his conviction on a child sexual abuse charge. According to the indictment Mariano failed to update his registration between July 8, 2015 and March 8, 2016, in Bernalillo County, N.M.
During today’s proceedings, Mariano pled guilty to the indictment. In entering the guilty plea, Mariano admitted that he was a sex offender as a result of his child sexual abuse conviction on April 19, 2012. On June 11, 2015, Mariano registered as a sex offender with the Bernalillo County Sheriff’s Office and was residing in a halfway house in Albuquerque as a condition of his supervised release following his release from prison. Mariano admitted that on June 27, 2015, he left the halfway house without permission and did not return. He further admitted that he did not notify the Sheriff’s Office of his change of residence as required under SORNA when he absconded from the halfway house.
At sentencing, Mariano faces a maximum statutory penalty of ten years in federal prison followed by not less than five years of supervised release. Mariano will be required to register as a sex offender when he completes his prison sentence. Mariano remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and the Bernalillo 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.
Cibola County Man Pleads Guilty to Federal Bank Robbery ChargeRead the Press Release
ALBUQUERQUE – Daniel Albert Chavez, 53, of Acoma, N.M., pled guilty today in federal court in Albuquerque, N.M., to robbing a Wells Fargo Bank branch in Grants, N.M.
Chavez was arrested on March 29, 2016, on an indictment charging him with robbing two banks in Cibola County, N.M. According to the indictment, Chavez robbed the Bank of New Mexico branch located at 824 West Santa Fe Ave. in Grants on Feb. 20, 2015, and the Wells Fargo Bank branch located at 201 North First St. in Grants on Oct. 20, 2015.
During today’s plea hearing, Chavez pled guilty to one bank robbery charge, and admitted robbing the Wells Fargo Bank located at 201 North First St. in Grants, on Oct. 20, 2015.
At sentencing, Chavez faces a statutory maximum penalty of 20 years in federal prison. Chavez 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 Grants Police Department. Assistant U.S. Attorney Edward Han is prosecuting the case.
Albuquerque Man Pleads Guilty to Armed Robbery of Walmart Store and Agrees to 18 Year Prison SentenceRead the Press Release
ALBUQUERQUE – Raymond Castillo, 27, of Albuquerque, N.M., pled guilty today in federal court to violating the Hobbs Act by participating in the armed robbery of a Walmart store in Albuquerque in Oct. 2014. Under the terms of his plea agreement, Castillo will be sentenced to 216 months in prison followed by a term of supervised release to be determined by the court.
Castillo was arrested on Dec. 12, 2014, on a criminal complaint charging him with conspiring to rob a business involved in interstate commerce at gunpoint in violation of the Hobbs Act. The criminal complaint charged Castillo and a co-conspirator with the armed robbery of convenience store located at 1111 Lomas Blvd. NW in Albuquerque on Dec. 7, 2014. The complaint further alleged that the co-conspirator, who was wearing a hooded sweatshirt and a bandana that covered his face, shot and injured the store clerk during the robbery, and that Castillo drove the co-conspirator away from the scene of the robbery.
On Jan. 21, 2015, Castillo and five co-defendants were charged with violating the Hobbs Act and federal firearms laws in a five-count indictment. Count 1 charged Castillo and five other Albuquerque residents, Reyes Lujan, 27, Daniel Maestas, 36, Johnny Ramirez, 30, Frank Gallegos, 31, and Henry Lujan, 23, with conspiring to violate the Hobbs Act. Count 2 charged the six men with violating the Hobbs Act by robbing a Walmart Store in Bernalillo County, N.M., on Oct. 29, 2014. Count 3 charged Castillo with brandishing a firearm during the robbery of the Walmart store, and Count 4 charges Maestas with using and carrying a firearm during the robbery. Count 5 charged Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery.
The indictment was superseded in May 2015, by adding a new defendant, Reynaldo Marquez, 26, of Albuquerque, and two new counts. One of the new counts charged Castillo and Marquez with interfering with interstate commerce by robbing a 7-11 convenience store located in Bernalillo County on Dec. 7, 2014. The other charged Marquez with discharging a firearm during that robbery.
On Oct. 19, 2015, Reyes Lujan entered a guilty plea, and was sentenced on March 8, 2016, to 71 months in prison followed by three years of supervised release. Gallegos, Ramirez and Maestas also have entered guilty pleas and have yet to be sentenced.
Marquez and Henry Lujan have entered pleas of not guilty to the superseding indictment. Charges in indictments are merely accusations, and all criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado are prosecuting this case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average.
Prior Sex Offender from Taos Facing Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Timothy J. Martin, 32, of Taos, N.M., with federal child pornography charges. Martin was released pending trial to a halfway house and will be under pretrial supervision and other conditions of release.
Martin was arrested on July 29, 2016, on a criminal complaint alleging that he possessed, received and distributed visual depictions of minors engaged in sexually explicit activity between Jan. 2016 and July 2016, in Taos County, N.M. According to the criminal complaint, the investigation into Martin began in Sept. 2015, when Homeland Security Investigations (HSI) agents received a report identifying a shared network that was being used to share child pornography files. On Jan. 3, 2016, investigators identified an IP address subscribed to Martin at Martin’s residential address that allegedly was being used to download child pornography files. On July 28, 2016, a search warrant was executed at Martin’s residence, and law enforcement seized a laptop computer that allegedly was used to download and view child pornography.
If convicted of receiving or distributing child pornography, Martin faces a statutory penalty of a mandatory minimum of 15 years and a maximum of life in prison. If convicted of possessing child pornography, he faces a statutory penalty of a mandatory minimum of ten years and a maximum of 20 years in prison. Martin faces these enhanced penalties because of his prior conviction on a sex-related offense. 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 Albuquerque office of HSI with assistance from the New Mexico State Police and the Taos Police Department. Assistant U.S. Attorney Jonathon M. Gerson 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/.
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 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Man Pleads Guilty to Federal Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Johnny Ramirez, 33, of Albuquerque, N.M., pled guilty today in federal court to violating federal drug trafficking laws. Under the terms of his plea agreement, Ramirez will be sentenced to 84 months in federal prison followed by a term of supervised release to be determined by the court.
Ramirez and his co-defendant Larry Valadez, 33, also of Albuquerque, were charged on Dec. 1, 2015, with drug trafficking offenses in an eight-count indictment. Ramirez and Valadez were charged with conspiring to distribute methamphetamine and heroin in May 2015, and with distributing methamphetamine and heroin in May 2015 and June 2015. According to the indictment, all eight offenses occurred in Bernalillo County, N.M. The indictment included forfeiture provisions, requiring Ramirez to forfeit $4,200 and Valadez to forfeit $4,100 to the United States.
During today’s proceedings, Ramirez pled guilty to two methamphetamine distribution counts and one heroin distribution count. In entering the guilty plea, Ramirez admitted that on May 19, he arranged for a co-conspirator to sell 23.52 grams of methamphetamine and 4.3 grams of heroin to an individual who was working with the FBI. Ramirez also admitted that on June 16, 2015, he sold 14.71 grams of methamphetamine to the same individual working with the FBI. Ramirez acknowledged that the drug deals took place in Albuquerque.
Ramirez remains in custody pending a sentencing hearing which has yet to be scheduled.
Valadez has entered a not guilty plea to the indictment. 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 Albuquerque office of the FBI and the New Mexico State Police. The Organized Crimes Section of the U.S. Attorney’s Office prosecuted 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.
Mexican National Sentenced to Prison for Conspiring with Former Doña Ana County Clerk’s Office Employee to Commit Federal Theft and Identity FraudRead the Press Release
ALBUQUERQUE – Armando Gutierrez-Torres, 51, a Mexican national, was sentenced yesterday in federal court in Las Cruces, N.M., for his conviction on conspiracy charges arising out of a scheme to steal money from the United States by using the identities of others to generate and cash fraudulent federal income tax refund checks. Gutierrez-Torres was sentenced to 21 months in federal prison; he will be deported after completing his prison sentence.
Gutierrez-Torres’ codefendant Maria L. Ceniceros, 44, of Anthony, N.M., previously was sentenced on June 10, 2016, to 18 months in prison followed by three years of supervised release for her conviction on theft of government property and aggravated identity theft charges arising from the scheme.
Ceniceros and Gutierrez-Torres were charged in June 2015, with conspiracy to commit theft of government property and aggravated identity theft in a criminal complaint. According to the criminal complaint, Ceniceros and Gutierrez-Torres conspired with each other and others to perpetuate the scheme, and that Ceniceros abused her position as a Document Technician at the Doña Ana County Clerk’s Office to facilitate the scheme.
Law enforcement authorities learned of the scheme in mid-May 2015, when Ceniceros approached a co-worker in the Doña Ana County Clerk’s Office and attempted to solicit his participation in the scheme. The co-worker reported the solicitation to law enforcement authorities and agreed to assist officers in conducting an undercover investigation into Ceniceros and Gutierrez-Torres. During the investigation, Ceniceros provided three fraudulent federal income tax refund checks to the co-worker so that he could cash the checks with the understanding that the proceeds would be divided between Ceniceros, Gutierrez-Torres and the co-worker. Ceniceros and Gutierrez-Torres were arrested on related-state charges on May 29, 2015.
Gutierrez-Torres was sentenced based on his guilty plea to a felony information charging him with conspiracy to commit theft of public money and conspiracy to commit aggravated identity theft. In entering the guilty plea, Gutierrez-Torres admitted that in Nov. 2014, he asked Ceniceros to provide identifiers for use in filing fraudulent federal income tax returns and obtain fraudulent refund checks. Gutierrez-Torres also asked Ceniceros to mail fraudulent federal income tax returns to the IRS and cash refund checks in the total amount of $11,963.73.
Ceniceros pled guilty in April 2016, to a similar felony information and admitted accessing the Voter Registration database at work and to record the names, dates of birth and social security numbers of 111 people whose identities she knew would be used to file fraudulent federal income tax returns in order to obtain fraudulent refund checks. She also admitted mailing fraudulent federal income tax returns and cashing refund checks for Gutierrez-Torres.
This case was investigated by IRS Criminal Investigation and the Doña Ana County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.