District of New Mexico

ALBUQUERQUE – Jay Barton, 48, an enrolled member of the Navajo Nation who resides in Buffalo Springs, N.M., was sentenced today in federal court in Albuquerque, N.M., to 97 months in prison followed by three years of supervised release for his voluntary manslaughter conviction. 

Barton was arrested on Aug. 26, 2015, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on Aug. 21, 2015.  The crime occurred during an argument between Barton and the victim while Barton and the victim were drinking alcoholic beverages.  Barton was subsequently indicted on a voluntary manslaughter charge on Sept. 22, 2015.

On Jan. 28, 2016, Barton pled guilty to the indictment charging him with voluntary manslaughter.  In entering the guilty plea, Barton admitted killing the victim by stabbing him in the chest, abdomen and back during an argument that became physical.  According to the plea agreement, both Barton and the victim were intoxicated when Barton committed the crime.

This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

ALBUQUERQUE – Samuel Antonio Flores-Murillo, 38, a Mexican national, pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to assaulting a federal officer.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, Chief Patrol Agent Jeffrey D. Self of the U.S. Border Patrol El Paso Sector, and Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI.

Flores-Murillo was arrested on April 9, 2016, and charged by criminal complaint with assaulting a federal agent of the U.S. Border Patrol on April 9, 2016, in Doña Ana County, N.M.  The complaint indicates that Flores-Murillo struck the agent in the forehead and bit the agent on the right forearm while the agent was attempting to apprehend Flores-Murillo. 

During yesterday’s proceedings, Flores-Murillo pled guilty to a felony information charging him with assaulting a federal officer and inflicting bodily injury.  In entering the guilty plea, Flores-Murillo admitted that on April 9, 2016, he struck a U.S. Border Patrol agent in the forehead causing the agent to bleed, and bit the agent on his right forearm which punctured the agent’s skin.  Flores-Murillo further admitted that he resisted and assaulted the agent while he was attempting to flee from Border Patrol. 

At sentencing, Flores-Murillo faces a maximum penalty of 20 years in federal prison.  Flores-Murillo will be deported after completing his prison sentence.  He remains in federal custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the U.S. Border Patrol and the Las Cruces office of the FBI.  Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – James E. Coleman, Jr., the former president and owner of Sneakerz, Inc., a corporation that operated “Sneakerz Sports Bar” in Albuquerque, N.M., pleaded guilty this morning in federal court to a tax evasion charge, announced U.S. Attorney Damon P. Martinez and Ismael Nevarez Jr., Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation. 

Coleman, 58, was charged in Nov. 2014, in a four-count indictment alleging tax evasion and subscribing false tax returns charges.  Counts 1 and 2 charged Coleman with evading $166,320.00 in federal corporate taxes in calendar years 2008 and 2009 by filing false tax returns that underrepresented his corporation’s taxable income.  Count 1 charged Coleman with evading $90,661.00 in federal taxes by falsely claiming that his corporation had $621,064.00 in taxable income in calendar year 2008 despite knowing that the corporation had $886,128 in taxable income for that year.  Count 2 charged him with evading $75,659.00 in federal taxes by falsely claiming that his corporation had $731,581.00 in taxable income in calendar year 2009 despite knowing that the corporation had $932,235.00 in taxable income for that year.  Counts 3 and 4 charged Coleman with filing individual tax returns for calendar years 2008 and 2009 that falsely reported that Coleman received no dividend income and no business income during those two calendar years.

During today’s proceedings, Coleman pled guilty to Count 1 of the indictment and admitted evading a total of $1,045,939.00 in federal corporate and personal taxes between calendar years 2002 and 2009.  In his plea agreement, Coleman acknowledged underrepresenting Sneakerz’s gross receipts to the IRS with the intention of evading his corporate tax liability.  He also admitted falsely underrepresenting the income he derived from Sneakerz on his personal tax returns.  

At sentencing, Coleman faces a maximum statutory penalty of five years in federal prison.  Coleman also will be subject to an order requiring that he pay restitution in an amount to be determined by the court.

This case was investigated by the Albuquerque office of IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.

ALBUQUERQUE – Johnny Sanchez, 39, of Los Lunas, N.M., pled guilty today in federal court in Albuquerque, N.M., to being a felon in possession of a firearm.  Under the terms of his plea agreement, Sanchez will be sentenced to 72 months in federal prison followed by a term of supervised release to be determined by the court.

Sanchez was arrested on Sept. 9, 2014, on a federal indictment charging him with being a felon in possession of a firearm and possession of a stolen firearm.  The indictment alleged that the crimes took place on May 29, 2013, in Valencia County, N.M.

During today’s proceedings, Sanchez pled guilty to the felon in possession of a firearm charge.  In entering the guilty plea, Sanchez admitted that he was prohibited from possessing firearms on May 29, 2013, because of his previous felony convictions for aggravated battery with a deadly weapon and being a felon in possession of a firearm.  Sanchez remains in custody pending a sentencing hearing 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 Los Lunas Police Department with assistance from the 13th Judicial District Attorney’s Office.  Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case. 

ALBUQUERQUE – Kyla Norby, 27, of Hobbs, N.M., pled guilty in federal court in Las Cruces, N.M., this afternoon to a production of child pornography charge.  Under the terms of her plea agreement, Norby will be sentenced to 15 years in federal prison followed by 15 years of supervised release.  Norby also will be required to register as a sex offender when she completes her prison sentence.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, and Lea County Sheriff Steve Ackerman.

Norby was arrested on Jan. 8, 2016, on a criminal complaint alleging that Norby produced and distributed child pornography between May 1, 2015 and Dec. 30, 2015, in Lea County, N.M.  According to the criminal complaint, the investigation into Norby was initiated after Homeland Security Investigations (HSI) agents from Laredo, Tex., arrested a man in Odessa, Tex., who revealed that Norby made a two-year old child sexually available to him.  A search of the man’s smartphone revealed photos of Norby, including images consistent with child pornography, that Norby sent to the man from her smartphone.

During today’s proceedings, Norby pled guilty to a felony information charging her with production of child pornography.  In her plea agreement, Norby admitted that on Oct. 25, 2015, she used a smartphone to take a sexually explicit photograph of a toddler with the intention of sharing the photograph with an individual in Texas.

This case was investigated by the Las Cruces office of HSI and the Lea Country Sheriff’s Office, both members of the New Mexico Internet Crimes Against Children (ICAC) Task Force, with assistance from HSI in Laredo, Texas.  The case is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.

This case is being prosecuted 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 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.

ALBUQUERQUE –U.S. Attorney Damon P. Martinez and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso announced the filing of narcotics trafficking and firearms charges against David Krowner, 42, of Estancia, N.M.  The charges arising out of a June 17, 2016 seizure of 20.7 kilograms (45.54 pounds) of methamphetamine, 1.8 kilograms (3.96 pounds) of heroin, and three firearms.

Krowner made his initial appearance this morning in federal court in Albuquerque, N.M., on a criminal complaint charging him with possession of methamphetamine and heroin with intent to distribute and using and carrying firearms in relation to drug trafficking crimes.  Krowner remains in custody pending a preliminary hearing and detention hearing, both of which are scheduled for tomorrow. 

According to the criminal complaint, the investigation into Krowner began on June 1, 2016 when HSI received information that Krowner was transporting large quantities of illegal drugs into the Albuquerque area.  The complaint alleges that Krowner was arrested in Albuquerque on June 17, 2016.  After a narcotics canine allegedly detected the odor of illegal drugs in Krowner’s vehicle, agents searched the vehicle and discovered a large bin allegedly containing  20.7 kilograms of methamphetamine, 1.8 kilograms of heroin, two bags of unidentified pills, seven packages of steroids, two handguns, a shotgun and hundreds of rounds of ammunition.  The agents also allegedly seized approximately $21,750.00 from the vehicle and another $4,500.00 from a pocket of Krowner’s pants. 

If convicted of the narcotics trafficking charges in the complaint, Krowner faces a statutory mandatory minimum of ten years and a maximum of life in prison.  If convicted of the firearms charges, Krowner faces a mandatory minimum of five years in prison that must be served consecutive to any sentence imposed on the narcotics charges.

Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The case was investigated by HSI’s Border Enforcement and Security Taskforce, which includes officers of the Albuquerque Police Department (APD), with assistance from APD’s Central Narcotics Unit.  Assistant U.S. Attorney George Kraehe is 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 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, including Bernalillo County, under this initiative.

ALBUQUERQUE – Christopher J. Cleveland, 36, a resident of Las Cruces, N.M., was sentenced today in federal court to 120 months in prison followed by five years of supervised release for his conviction on methamphetamine trafficking charges.  Cleveland’s conviction was based on his June 9, 2015, guilty plea.

Cleveland and his codefendant Eric G. Acosta, 29, also of Las Cruces, were arrested in July 2014, on a criminal complaint charging them with methamphetamine trafficking and firearms charges.  According to the complaint, during a routine traffic stop on June 23, 2014, officers of the Las Cruces Police Department discovered 889.2 grams of methamphetamine, a firearm and drug paraphernalia inside a vehicle driven by Acosta and in which Cleveland was a passenger.  The complaint stated that Cleveland and Acosta had traveled from Arizona, where they obtained the methamphetamine, to Las Cruces in Doña Ana County, N.M., where they intended to distribute the drugs.

In an indictment filed on Oct. 16, 2014, Acosta and Cleveland were charged with participation in a methamphetamine trafficking conspiracy and possession of methamphetamine with intent to distribute.  The indictment also charged each of the two men with being felons in possession of firearms.  The two men were charged with committing these crimes on June 23, 2014, in Doña Ana County.  At the time, Acosta and Cleveland each was prohibited from possessing firearms or ammunition because each had previously been convicted a felony offense. 

On May 14, 2015, Acosta pled guilty to the conspiracy charge, the substantive methamphetamine trafficking charge, and to being a felon in possession of a firearm.  Acosta was sentenced on June 7, 2016, to ten years in federal prison followed by five years of supervised release.

This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and was prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Selesia Lee Winston of the U.S. Attorney’s Las Cruces Branch Office.

The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police.  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 – Clifford Raymond Salas, 38, of Las Cruces, N.M., was sentenced today in federal court to 35 years in prison on his conviction on conspiracy, explosives and firearms charges followed by three years of supervised release.  Salas also was ordered to pay $111,018.05 in restitution to the victims of his crimes.  The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, and Las Cruces Police Chief Jaime Montoya.

U.S. Attorney Martinez said that Salas, whose prior criminal history includes convictions for drug trafficking, attempted assault on an inmate, robbery and being a felon in possession of a firearm, was 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, including Doña Ana County, N.M., under this initiative.

Salas and co-defendants Conrad Vazquez Salazar (Salazar), 44, and Andres Linares-Baca, 33, both of Las Cruces, and Thomas Vazquez Salazar (Vazquez Salazar), 40, of Odessa, Tex., were charged in a series of complaints and indictments, the first of which was filed in Sept. 2012, with violating the federal conspiracy, explosives and narcotics laws.  Salas, Salazar and Vazquez Salazar were charged with conspiracy and explosives charges that arose out of the firebombing of a tattoo parlor in Las Cruces on Aug. 31, 2012. 

Vazquez Salazar entered a guilty plea to the conspiracy and explosives charges in Sept. 2013, and was sentenced in March 2016.  Linares-Baca pled guilty in Sept. 2013, to heroin trafficking charges and was sentenced in Jan. 2014.  Proceedings against Salazar were delayed by competency proceedings, and in Oct. 2014, the court found him incompetent to stand trial and committed him to hospitalization to determine whether he can be restored to competency.  Salazar pled guilty on Aug. 17, 2015, to conspiracy and being a felon in possession of a firearm and ammunition and was sentenced in Nov. 2015. 

Salas elected to exercise his right to a jury trial, which resulted in a guilty verdict on March 11, 2015, on a superseding indictment charging him with participating in a conspiracy between July 15, 20112 and Aug. 31, 2012, to commit arson by maliciously damaging and destroying the Irish Ink Tattoo, located at 2245 South Main Street in Las Cruces.  The indictment also charged Salas with maliciously damaging and destroying the Irish Ink Tattoo on Aug. 31, 2012, by throwing at least one Molotov cocktail into the building, using a destructive device in furtherance of an act of violence; and being a felon in possession of an explosive.   

The evidence at trial established that in May 2012, Salazar opened up a tattoo shop in Las Cruces.  Shortly thereafter Salazar experienced legal troubles and his business struggled.  As a result, two of Salazar’s tattoo artists left with the intention of opening their own tattoo shop, the Irish Ink Tattoo.  When Salazar learned of these plans, he threatened to burn down Irish Ink Tattoo.  As promised, after the two tattoo artists opened the Irish Ink Tattoo, Salazar arranged for Salas and Vazquez Salazar to throw Molotov cocktails at the Irish Ink Tattoo and burn it down.  After midnight and after obtaining the Molotov cocktails from Salazar, Vazquez Salazar drove Salas to the Irish Ink Tattoo.  Salas broke a window of the Irish Ink Tattoo with a metal bar and set the building on fire by throwing Molotov cocktails into the building. 

This case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department.  Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Lizarraga prosecuted the case.

ALBUQUERQUE – Donald Alvin Tolbert, 47, of Albuquerque, N.M., was arraigned this morning in federal court on a 14-count superseding indictment alleging child pornography offenses, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso.

Tolbert entered a plea of not guilty to the superseding indictment during his arraignment hearing.  He remains in federal custody pending trial, which currently is scheduled for Sept. 19, 2016.

Tolbert was arrested on Nov. 21, 2014, on a two-count indictment charging him with receiving child pornography from June 1, 2012 through Sept. 20, 2012, and possessing a computer that contained child pornography on Sept. 20, 2012.  The original indictment alleged that Tolbert committed the two crimes in Bernalillo County, N.M.

The superseding indictment, which was filed on June 14, 2016, adds 12 new charges against Tolbert.  Count 1 of the superseding indictment alleges that Tolbert used advertisements to offer to exchange, receive and distribute child pornography with others between Jan. 2012 and Sept. 2012, and Count 14 alleges that Tolbert committed the crime alleged in Count 1 during a time when he was required to register as a sex offender.  Tolbert allegedly committed the two crimes in Bernalillo County.  If convicted on Count 1, Tolbert faces a statutory mandatory sentence of life imprisonment because of his prior conviction on two counts of criminal sexual contact with a minor in the Second Judicial District Court of New Mexico in 2006.  If convicted on Count 14, Tolbert faces a statutory mandatory minimum of ten years of imprisonment, which must be served consecutive to any sentence imposed on the other charges.

The superseding indictment also includes seven counts alleging that Tolbert received child pornography between Aug. 2012 and Sept. 2012; three counts alleging that he distributed child pornography between July 2012 and Sept. 2012; and two counts alleging that he possessed computers containing child pornography in Sept. 2012.  The superseding indictment alleges that Tolbert committed the crimes in Bernalillo County.  If convicted on these charges, Tolbert faces the following penalties:  a statutory mandatory minimum of 15 years and a maximum of 40 years on each of the seven receipt charges and the two distribution charges, and a statutory mandatory minimum of ten years and a maximum of 20 years on each of the two possession charges.

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

This case was investigated by the Albuquerque office of HSI.  Assistant U.S. Attorneys Kristopher N. Houghton and Alexander M. Uballez are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The case also is being prosecuted 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.

ALBUQUERQUE – Daniel Pete Valdez, 44, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to a sexual abuse charge.

Valdez was arrested on Aug. 25, 2015, on a criminal complaint charging him with sexually assaulting a woman on June 20, 2014, on the Mescalero Apache Indian Reservation in Otero County., N.M.  Valdez was subsequently indicted on Jan. 20, 2016, on a sexual abuse charge.

According to court documents, Valdez engaged in a sexual act with the victim while she was unconscious and physically incapable of declining participation in or communicating unwillingness to engage in the sexual act.

Valdez pled guilty today without the benefit of a plea agreement.  At sentencing, Valdez faces a maximum penalty of life in federal prison.  Valdez 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.

ALBUQUERQUE – Monique N. Padilla, 29, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., to two years of probation for her conviction on an opening and destruction of mail charge. 

Padilla was charged in a misdemeanor information filed on Feb. 17, 2016, with unlawfully opening and destroying mail not directed to her.  At the time she committed the crime, Padilla was employed by a contract postal unit in Rio Rancho. 

On Feb. 23, 2016, Padilla pled guilty to the information and admitted that on Dec. 15, 2015, she intentionally opened other people’s mail.

This case was investigated by the U.S. Postal Service Office of Inspector General.  Assistant U.S. Attorney Edward Han prosecuted the case.

ALBUQUERQUE – DEA agents arrested three Arizona residents and seized a total of nine pounds of methamphetamine and 1.73 pounds of heroin during interdiction investigations at the Greyhound Bus Station in Albuquerque, N.M., on June 17, 2016.  The three arrestees made their initial appearances in federal court this morning on separate criminal complaints.  They remain in custody pending preliminary hearings and detention hearings, which are scheduled for tomorrow.

Antonio Manuel Hernandez, 26, of Phoenix, Ariz., was arrested after DEA agents allegedly found him in possession of 2.55 gross kilograms (5.6 pounds) of methamphetamine.  According to the criminal complaint, Hernandez had bundles containing methamphetamine strapped around his abdomen that were concealed by his clothing.  If convicted of the charge in the complaint, Hernandez faces a statutory mandatory minimum of ten years and a maximum of life in prison.  Hernandez is being prosecuted by Assistant U.S. Attorney Samuel Hurtado.

Toni Baldonado, 23, of Tucson, Ariz., was arrested after DEA agents allegedly found her in possession of 1.55 gross kilograms (3.4 pounds) of methamphetamine.  The criminal complaint against Baldonado alleges that the drugs were concealed in the lining of Baldonado’s purse.  If convicted of the charge in the complaint, Baldonado faces a statutory mandatory minimum of ten years and a maximum of life in prison.  Baldonado is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

The criminal complaint against Johnathan Jacob Rios, 28, of Phoenix, Ariz., alleges that he was arrested after DEA agents found that he had concealed 788 gross grams (1.73 pounds) of heroin inside his jeans.  If convicted, Rios faces a statutory mandatory minimum of five years and a maximum of 40 years in prison.  Rios is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.

Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The three cases were investigated by the DEA office in Albuquerque.  The case against Rios is 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, Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC) 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 – Hugo Escarcega-Quinones, 30, a resident of Bernalillo County, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal narcotics trafficking and firearms laws.  Under the terms of his plea agreement, Escarcega-Quinones will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.

Escarcega-Quinones was arrested in Feb. 2016, on a criminal complaint charging him with heroin and methamphetamine trafficking charges and with carrying a firearm in relation to a drug trafficking crime.  According to the complaint, Bernalillo County Sheriff’s Office (BCSO) deputies arrested Escarcega-Quinones on Feb. 23, 2016, on outstanding felony arrest warrants.  During a search incident to arrest, the deputies found Escarcega-Quinones in possession of approximately 58 grams of heroin, 17 grams of methamphetamine, $1,400.00, a firearm and ammunition.  The complaint alleged that Escarcega-Quinones committed the three crimes in Bernalillo County, N.M.  Escarcega-Quinones subsequently was indicted on the same three crimes on March 23, 2016.

During today’s proceedings, Escarcega-Quinones pled guilty to Counts 2 and 3 of the indictment charging him with using and carrying a firearm in relation to a drug trafficking crime and possession of methamphetamine with intent to distribute.  Escarcega-Quinones remains in federal custody pending a sentencing hearing, 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 BCSO.  Assistant U.S. Attorney Eva Fontanez is prosecuting the case.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge William McClure of District IV of the BIA’s Office of Justice Services announced the arrest of Steve Romero, a non-Indian, on the misdemeanor charge of trespassing on Nambe Pueblo land. 

Romero, a 32-year-old resident of Santa Fe County, N.M. made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with the misdemeanor trespass offense.  The complaint alleges that in Feb. 2016, the Nambe Tribal Council banished Romero from entering any land within the Nambe Pueblo boundaries.  It further alleges that Romero reentered Nambe Pueblo land on four occasions between April 2016 and June 2016, in violation of the Pueblo’s banishment resolution.   Romero remains in custody pending a preliminary hearing and a detention hearing, which are scheduled for tomorrow.

If convicted of the misdemeanor offense charged in the criminal complaint, Romero faces a maximum penalty of a year in federal prison.  Charges in criminal complaints are merely accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.

ALBUQUERQUE –This morning a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Michael Dalton, 33, of Roswell, N.M., with violating the federal firearms laws.  The Magistrate Judge also entered an order detaining Dalton pending trial.

Dalton was arrested on June 7, 2016, on a criminal complaint charging him with being a felon in possession of firearms and ammunition.  The criminal complaint alleges that Dalton committed the crime on Aug. 28, 2015, in Chaves County, N.M.

According to the criminal complaint, Roswell Police Department (RPD) officers responded to a call from Dalton’s neighbor who allegedly heard Dalton arguing with and threatening to shoot a woman.  The neighbor then allegedly heard gunshots coming from Dalton’s residence.  When the officers then executed a state search warrant at Dalton’s residence, they allegedly located multiple rounds of ammunition and three firearms.

The criminal complaint alleges that Dalton was prohibited from possessing firearms and ammunition on Aug. 28, 2015, because of his previous convictions for larceny, possession of a controlled substance, burglary, tampering with evidence, possession of burglary tools, breaking and entering, aggravated fleeing a law enforcement officer and forgery.

If convicted of the crimes charged in the criminal complaint, Dalton faces a statutory maximum sentence of ten years in prison.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the RPD.  Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case. 

ALBUQUERQUE – HOPE Initiative partners, U.S. Attorney Damon P. Martinez and Executive Vice Chancellor Richard Larson, UNM Health Sciences Center, will co-host the KANW/Albuquerque Journal public forum on New Mexico’s heroin and opioid epidemic which will be broadcast by KANW 89.1 FM from 7:00 pm to 9:00 pm tonight.  During the public forum, which will be moderated by Albuquerque Journal Editor-in-Chief Kent Walz and Albuquerque Journal Investigative Reporter Mike Gallagher, more than 20 experts from law enforcement, the medical profession, local government and community organizations will respond to questions about the epidemic from New Mexico residents.   A list of the experts participating in the public forum is attached. 

WHO:                        

U.S. Attorney Damon P. Martinez

Executive Vice Chancellor Richard Larson, UNM Health Sciences Center

Kent Walz, Editor-in-Chief, Albuquerque Journal

Mike Gallagher, Investigative Reporter, Albuquerque Journal

WHAT:          

Live Public Forum on New Mexico’s Heroin and Opioid Epidemic

WHEN:          

WEDNESDAY, JUNE 15, 2016 FROM 7:00 PM TO 9:00 PM

WHERE:      

KANW 89.1FM

The New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative was launched in Jan. 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national heroin and 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, Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC) 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 Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The new community education program is part of the prevention and education component of the HOPE Initiative.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

HOPE Forum Expert List

ALBUQUERQUE – Rashad Travon Woods, 28, of Indianapolis, Ind., was sentenced today to 132 months in prison followed by five years of supervised release for his conviction on a methamphetamine trafficking charge in federal court in Albuquerque, N.M. 

Woods was arrested on a criminal complaint charging him with a methamphetamine trafficking offense after the DEA seized 2.4 kilograms (5.28 pounds) of methamphetamine from him during an interdiction investigation at the Amtrak Train Station in Albuquerque on Oct. 30, 2015.  The methamphetamine was concealed in clothes in Woods’ backpack.  Woods was indicted on the same charge on Nov. 17, 2015.

On Feb. 29, 2016, Woods pled guilty to the indictment and admitted that on Oct. 30, 2015, in Bernalillo County, N.M., he was in possession of 2.40 gross kilograms of methamphetamine while traveling through Albuquerque. 

This case was investigated by Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Edward Han.

ALBUQUERQUE – Gary J. Devine, 51, of Albuquerque, N.M., was sentenced today in federal court to two years of probation for his conviction on a theft of government funds charge.

Devine was charged in a misdemeanor information filed in Oct. 2015, with theft of government funds.  The charge arose from Devine allegedly keeping money belonging to the U.S. Postal Service (USPS) for sales of USPS stamps.  At the time, Devine committed the crime, he was employed as Sales and Service Associate at a U.S. Post Office in Albuquerque.

Devine pled guilty on March 8, 2016, to a misdemeanor information charging him with theft of public money and admitted that from May 28, 2015 through May 31, 2015, in Bernalillo County, N.M., he intentionally stole money from the United States by selling USPS stamps to customers and keeping the money for himself rather than turning it in to the Post Office.

This case was investigated by the U.S. Postal Service Office of the Inspector General and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Eugene Kuhn, 52, a member of the Navajo Nation who resides in Littlewater, N.M., was sentenced today in federal court in Albuquerque, N.M., to 18 months in prison followed by three years of supervised release for assaulting a federal officer with a dangerous weapon. 

Kuhn was arrested on June 14, 2015, on a criminal complaint charging him with assaulting a federal officer on the Navajo Indian Reservation in San Juan County, N.M.  Kuhn was arrested after attacking a tribal police officer of the Navajo Nation Division of Public Safety with a metal bar in Littlewater on June 14, 2015.  Kuhn attacked the officer, who is commissioned as a special federal officer by the BIA, while the officer was attempting to arrest Kuhn on unrelated charges.  Kuhn was subsequently indicted on July 14, 2015.

On Feb. 26, 2016, Kuhn pled guilty to the indictment and admitted that on June 14, 2015, he assaulted a federal officer with a metal bar while the officer was performing his official duties.  

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Kyle T. Nayback prosecuted this case.

ALBUQUERQUE –Mario Arvizo Padron, Jr., 28, of Bakersfield, Calif., pled guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge arising out of a DEA seizure of more than nine and a half pounds of heroin in April 2015.

Padron was arrested in April 2015, and was charged in a criminal complaint with a heroin trafficking offense after the DEA seized approximately 4.35 kilograms (9.57 pounds) of heroin from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque.  The heroin was contained in bundles that were concealed inside the lining of Padron’s luggage

Padron was subsequently indicted on April 28, 2015, and charged with possession of heroin with intent to distribute on April 2, 2015, in Bernalillo County, N.M.

During today’s proceedings, Padron pled guilty to a felony information charging him with possession of heroin with intent to distribute.  In entering the guilty plea, Padron admitted that on April 2, 2015, DEA agents found heroin in his checked bag while he was traveling through Albuquerque on the Greyhound Bus.

Padron remains in federal custody pending his sentencing hearing, which has yet to be scheduled.  At sentencing, he faces a statutory maximum penalty of 20 years in prison.

This case was investigated by the Albuquerque office of the DEA.  Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC) 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 – This morning the U.S. Attorney’s Office, U.S. Marshals Service, New Mexico State Police, Bernalillo County Sheriff’s Office, New Mexico Army Reserve National Guard, Isleta Pueblo Tribal Police Department, Isleta Behavioral Health, the Navajo Nation Department of Public Safety and To’hajiilee Behavioral Health kicked off the 2016 Camp Triumph Summer Youth Prevention Program. 

The U.S. Attorney’s Office and its law enforcement and outreach partners have operated this summer youth camp – a youth drug, gang and gun violence prevention collaborative effort – for 20 years.  Camp Triumph originally was funded by the Justice Department’s Weed & Seed Project and currently is operated as part of the Justice Department’s Project Safe Neighborhoods program in Bernalillo County that has an Urban Indian focus.   

Camp Triumph, which is open free of charge to at risk youths from ten to 13 years of age,  is designed to keep middle school youth free of substance abuse and criminal involvement by providing physically challenging recreational and life skills activities, interaction with positive role models, evidence-based gang and substance abuse resistance training, and team building.  Campers participate in fishing trips, visits to the zoo, bowling, swimming, and other fun physical activities, but also have class time during which law enforcement officers and Guardsmen make presentations on drug, gang and violence prevention.

Rio Grande High School in Albuquerque is the host for the Camp’s first session, June 13-16, 2016.  Isleta Pueblo is hosting the second session, June 20-24, 2016, and To’Hajiilee (Navajo Nation) is hosting the third session, June 27-29, 2016.

Project Safe Neighborhoods is the Department of Justice’s nationwide commitment to reduce gun and gang crime in America by networking existing local programs that target gun and gun crime and providing these programs with additional tools necessary to be successful.  Since its inception in 2001, approximately $2 billion has been committed to this initiative. This funding is being used to hire new federal and state prosecutors, support investigators, provide training, distribute gun lock safety kits, deter juvenile gun crime, and develop and promote community outreach efforts as well as to support other gun and gang violence reduction strategies.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez will join KANW General Manager Michael Brasher and Albuquerque Journal Investigative Reporter Mike Gallagher for a KANW special broadcast on New Mexico’s heroin and opioid epidemic at 5:00 pm this afternoon.  Today’s special broadcast will identify some of the issues that will be addressed by more than 20 experts during the KANW/Albuquerque Journal live public forum on heroin and opioid prevention and education that will be broadcast by KANW from 7:00 pm to 9:00 pm on Wednesday, June 15, 2016.  HOPE Initiative partners, U.S. Attorney Martinez and Executive Vice Chancellor Richard Larson, UNM Health Sciences Center, will co-host the public forum.

 WHO:                       

U.S. Attorney Damon P. Martinez

Michael Brasher, General Manager, KANW

Mike Gallagher, Investigative Reporter, Albuquerque Journal

WHAT:          

Special Broadcast on New Mexico’s Heroin and Opioid Epidemic

WHEN:          

MONDAY, JUNE 13, 2016 AT 5:00 PM

WHERE:      

KANW 89.1FM

The New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative was launched in Jan. 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national heroin and 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, Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC) 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 Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The new community education program is part of the prevention and education component of the HOPE Initiative.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Maria L. Ceniceros, 43, of Anthony, N.M., was sentenced today in federal court in Las Cruces, N.M., to 18 months in prison followed by three years of supervised release for her theft of government property and aggravated identity theft conviction.    

Ceniceros and co-defendant Armando Gutierrez-Torres, 51, a Mexican national, were charged in June 2015, with conspiracy to commit theft of government property and aggravated identity theft in a criminal complaint.  The charges in the complaint arose out of a scheme to steal money from the United States by using the identities of individuals without their knowledge or consent to generate and cash fraudulent federal income tax refund checks.  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.

On April 27, 2016, Ceniceros pled guilty to a felony information charging her with conspiracy to commit theft of public money and conspiracy to commit aggravated identity theft.  Ceniceros admitted that she accessed the Voter Registration database at work and recorded the names, dates of birth and social security numbers of 111 people whose identities she knew were going to be used to file fraudulent federal income tax returns in order to obtain fraudulent refund checks, she also agreed to mail fraudulent federal income tax returns and cash refund checks for Gutierrez-Torres. 

On Oct. 13, 2015, Gutierrez-Torres entered a guilty plea to a felony information charging him with conspiracy to commit theft of public money and conspiracy to commit aggravated identity theft.  Gutierrez-Torres admitted that in Nov. 2014, he asked Ceniceros for the identifiers of people born in 1995, to be used to file fraudulent federal income tax returns in order to obtain fraudulent refund checks.  Gutierrez-Torres further admitted that he asked Ceniceros to mail fraudulent federal income tax returns to the IRS and to cash refund checks in the total amount of $11,963.73.  Under the terms of his plea agreement, Gutierrez-Torres will be sentenced to 24 months in prison.  He will be deported following his term of imprisonment.  A sentencing hearing has yet to be scheduled.

This case was investigated by IRS Criminal Investigation and the Doña Ana County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Gabriel Mirabal, 34, of Albuquerque, N.M., was sentenced late yesterday afternoon to 36 years (432 months) in federal in prison followed by 10 years of supervised release for his conviction on narcotics trafficking and firearms charges.  Mirabal’s sentence was announced by U.S. Attorney Damon P. Martinez, 1st Judicial District Attorney Jennifer Padgett, Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division, and New Mexico State Police Lt. Scott McFaul who serves as the Commander of the HITDA Region III Drug Task Force.

Mirabal, a career offender whose criminal history includes felony convictions for methamphetamine trafficking and aggravated battery with a deadly weapon, was prosecuted 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 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 and Santa Fe Counties, under this initiative.

In announcing the sentence, U.S. Attorney Damon P. Martinez said, “Through this initiative, the law enforcement community is taking repeat, violent offenders out of our communities one at a time and making New Mexico a safer, better place to live, work and raise families.”

“For ten years Mirabal engaged in criminal conduct that preyed on the weak and innocent,” said DEA Special Agent in Charge Will R. Glaspy.  “Today, along with our law enforcement partners, DEA is pleased to inform the citizens of Bernalillo and Santa Fe Counties that they can rest easier knowing that Mirabal will be locked up in federal prison for the next 36 years.”

“The ‘worst of the worst’ initiative is exactly the type of inter-agency collaboration that this district needs to get the violent repeat offenders like Mirabal off of our community’s streets,” said 1st Judicial District Attorney Jennifer Padgett.

Commander of the HIDTA Region III Drug Task Force Lt. Scott McFaul added, “I believe that prosecuting and sentencing these offenders under the ‘worst of the worst’ initiative shows our communities and repeat offenders that federal, state and local law enforcement agencies are serious about working together to take criminals off our streets.”

Mirabal was one of five men indicted in April 2013, on narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA investigation into an organization led by Mirabal that manufactured and distributed cocaine base, more commonly known as “crack,” in Bernalillo and Santa Fe Counties.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice initiative that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.  During the investigation, which utilized electronic surveillance (wiretaps), law enforcement officers seized more than 100 grams of crack, over a kilogram of cocaine, a loaded firearm and assorted ammunition, and body armor.     

The investigation resulted in the filing of a five-count indictment charging Mirabal and four co-defendants, Santa Fe residents Robert Romero, 27, and Michael Jaramillo, 25, and Albuquerque residents Sam Elyicio, Jr., 39, and Dominic Anaya, 34, with conspiracy to distribute crack in Bernalillo and Santa Fe Counties between May 2012 and April 2013, and substantive crack trafficking offenses.  After his four co-defendants entered guilty pleas, Mirabal was charged in a six-count superseding indictment with participating in a crack distribution conspiracy, two counts of possession of cocaine with intent to distribute, using a firearm in furtherance of a drug trafficking crime, being a felon in possession of a firearm and ammunition, and being a felon in possession of body armor.

Mirabal was found guilty on Dec. 15, 2015, when a federal jury returned a verdict finding Mirabal guilty on four of the six counts of the superseding indictment.  The jury convicted Mirabal on the conspiracy charge, one count of possession of cocaine with intent to distribute, and being a felon in possession of a firearm, ammunition and body armor.  It acquitted him on one count of possession of cocaine with intent to distribute and using a firearm in furtherance of a drug trafficking crime.        

The charges against Mirabal’s co-defendants have been resolved as follows:

• Jaramillo pled guilty on March 21, 2014, to a conspiracy charge, and was sentenced on July 30, 2014, to 78 months in prison followed by four years of supervised release.

• Romero pled guilty on May 13, 2014, to crack trafficking and firearms charges, and was sentenced on Aug. 13, 2014, to 120 months in prison followed by four years of supervised release.

• Elyicio pled guilty on June 23, 2014, to a conspiracy charge, and was sentenced on Sept. 22, 2014, to 125 months in prison followed by four years of supervised release.

• Anaya pled guilty on Aug. 5, 2014, to a conspiracy charge, and remains in custody pending his sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, with assistance from the 1st Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Nicholas J. Ganjei and Joel R. Meyers.   

The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department, the Santa Fe County Sheriff’s Office and the Rio Arriba County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program.  HIDTA is a program of the White House Office of National Drug Control Policy that 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. 

ALBUQUERQUE – Julius H. Willie, 30, an enrolled member of the Navajo Nation who resides in Standing Rock, N.M., pled guilty this morning in Albuquerque, N.M., to an aggravated sexual abuse charge.  Under the terms of his plea agreement, Willie will be sentenced to 21 years in federal prison followed by a term of supervised release to be determined by the court.  Willie will also be required to register as a sex offender after he completes 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, Director Jesse Delmar of the Navajo Nation Division of Public Safety, and Chief Robert Cron of the Gallup Police Department.

Willie was charged in April 2014, in a five-count indictment with kidnapping, three counts of aggravated sexual abuse, and abusive sexual contact.  According to the indictment, Willie committed the crimes on Aug. 26, 2012, on the Navajo Indian Reservation in McKinley County, N.M.  He was transferred to federal custody on April 24, 2014, from state custody where he had been held for two years on related state charges.

During today’s proceedings, Willie pled guilty to Count 2 of the indictment charging him with aggravated sexual abuse.  In entering the guilty plea, Willie admitted that on Aug. 26, 2012, he forced the victim to engage in a sexual act. 

Willie’s sentencing hearing has yet to be scheduled.  According to the plea agreement, Willie’s 21-year prison sentence will begin on the date of sentencing.

The Crownpoint office of the Navajo Nation Division of Public Safety, the Gallup office of the FBI and the Gallup Police Department investigated this case.

Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback are prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Jose Antonio Rodriguez, 42, of Lovington, N.M., was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to 84 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.

Rodriguez was arrested in Sept. 2015, and charged in a criminal complaint with conspiracy and possession of methamphetamine with intent to distribute.  According to the complaint, Rodriguez was arrested on Sept. 3, 2015, in Doña Ana County, N.M., after U.S. Border Patrol agents at the Border Patrol Checkpoint on Interstate 10 in Las Cruces found 44.6 grams of methamphetamine in his vehicle during a routine inspection.

On Dec. 18, 2015, Rodriguez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and admitted possessing 44.6 grams of methamphetamine.  Rodriguez acknowledged that he intended to sell the methamphetamine to others.

This case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA.  Assistant U.S. Attorney Selesia L. Winston prosecuted the case.

ALBUQUERQUE – Quinton Spurlock, 50, of Hobbs, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to violating the federal firearms laws by illegally possessing an unregistered short-barreled shotgun.

Spurlock was arrested on April 6, 2016, on a criminal complaint charging him with possession of an unregistered firearm.  According to the complaint, on April 15, 2014, Lea County Drug Task Force (LCDTF) agents executed a search warrant at a residence in Hobbs, and found a handgun and shotgun cases inside Spurlock’s vehicle.   Further investigations determined that Spurlock had no weapons registered to him and the firearm was also not registered.

During yesterday’s proceedings, Spurlock pled guilty to a felony information charging him with possession of an unregistered short-barreled shotgun.  In entering the guilty plea, Spurlock admitted that on April 15, 2014, he was in possession of a shotgun with an overall barrel length of approximately 16 inches that was not registered to him.

At sentencing, Spurlock faces a statutory maximum penalty of ten years in federal prison.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the LCDTF.  Assistant U.S. Attorney Terri J. Abernathy is prosecuting the case. 

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

ALBUQUERQUE – Steven Fryer, 39, of Atoka, N.M., pled guilty today in federal court in Las Cruces, N.M., to being a felon in possession of a firearm.  Under the terms of his plea agreement, Fryer will be sentenced to 63 months in federal prison followed by a term of supervised release to be determined by the court.

Fryer was arrested on Feb. 17, 2016, on a criminal complaint charging him with being a felon in possession of a firearm.  According to the complaint, Eddy County Sheriff’s Office deputies arrested Fryer on Oct. 29, 2014, after finding him in possession of a firearm following a short pursuit and standoff with the deputies.  Fryer was prohibited from possessing firearms or ammunition because of his prior convictions for burglary in an Arizona court.

During today’s proceedings, Fryer pled guilty to a felony information charging him with being a felon in possession of a firearm.  In entering the guilty plea, Fryer admitted that on Oct. 29, 2014, in Eddy County, N.M., he was in possession of a shotgun.  He further admitted that he was a convicted felon and was therefore prohibited from possessing firearms.

Fryer remains detained 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, the Eddy County Sheriff’s Office and the Pecos Valley Drug Task Force.  Assistant U.S. Attorney Maria Y. Armijo is prosecuting the case. 

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

ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division announced today that two men have been charged with distributing heroin that resulted in the death of the person who used the drug.  The “death resulting” heroin distribution charge is contained in an 18-count superseding indictment that was filed May 25, 2016 by a federal grand jury.

The two men, Rosendo Flores Angulo, 38, a Mexican national who was illegally residing in Albuquerque, and Curtis Hutchinson, 30, of Edgewood, N.M., were arraigned on the superseding indictment this morning in federal court in Albuquerque.  Both entered not guilty pleas to the superseding indictment.

This case was initiated on Sept. 18, 2015, by the filing of a criminal complaint charging Angulo with heroin trafficking charges.  The criminal complaint alleged that Angulo repeatedly distributed heroin to two undercover DEA agents in Bernalillo and Sandoval Counties, N.M., between July 2015 and Sept. 2015.

On Oct. 20, 2015, the grand jury returned a 17-count indictment charging Angulo and Hutchinson with participating in a heroin trafficking conspiracy.  The indictment charged both men with two counts of heroin distribution and Angulo alone with an additional 14 counts of heroin distribution.  According to the indictment, Angulo and Hutchinson committed these crimes between July 2015 and Sept. 2015, when they allegedly sold heroin to two undercover DEA agents.

The superseding indictment on which Angulo and Hutchinson were arraigned today added the “death resulting” heroin distribution charge.  According to the superseding indictment, on April 29, 2015, Angulo and Hutchinson distributed heroin to person who died as a result of using that heroin.  The men allegedly committed this crime in Bernalillo County. 

If convicted on the “death resulting” heroin distribution charge, Angulo and Hutchinson each face a statutory mandatory minimum of 20 years and a maximum of life in prison.  If convicted on the other heroin trafficking charges, Angulo and Hutchinson each face a statutory mandatory minimum of five years and a maximum of 40 years in prison.  Charges in criminal complaints and indictments are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt. 

The Albuquerque office of the DEA investigated this case, which is being prosecuted by Assistant U.S. Attorney Timothy S. Vasquez, as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. 

The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Moises Jimenez-Salas, 37, a Mexican national illegally in the United States who previously has been deported to Mexico three times, was arraigned this morning in federal court in Albuquerque, N.M., on an indictment charging him with violating the federal firearms and narcotics trafficking laws.  During this morning’s proceedings, Jimenez-Salas entered a not guilty plea to the indictment.  He remains in federal custody pending trial.

Jimenez-Salas was arrested on May 12, 2016, and charged in a criminal complaint with possession of methamphetamine and heroin and using and carrying a firearm and ammunition in relation to a drug trafficking crime.  Court records reflect that on May 11, 2016, Bernalillo County Sheriff’s Office (BCSO) detectives responded to a motel located at Coors Blvd. NW and Interstate 40 in Albuquerque after receiving information regarding drug activity at the motel.   At the motel, the detectives allegedly observed Jimenez-Salas carrying a cardboard box allegedly containing 463 grams of methamphetamine and 16 grams of heroin.  During a search incident to arrest, the detectives allegedly found another bag in Jimenez-Salas’ pocket which allegedly contained 21 grams of methamphetamine.  They also allegedly found a firearm and ammunition on Jimenez-Salas’ waistband.   

Jimenez-Salas was subsequently charged in a four-count indictment on May 25, 2016.  The indictment charges Jimenez-Salas with being an alien illegally in possession of a firearm and ammunition, possession of heroin and methamphetamine with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime.  The indictment alleges that Jimenez-Salas committed the crimes on May 11, 2016, in Bernalillo County, N.M. 

If convicted of the illegal alien in possession of a firearm and ammunition charge, Jimenez-Salas faces a maximum penalty of ten years in federal prison.  If convicted of the methamphetamine trafficking charge, Jimenez-Salas faces a mandatory minimum of five years and a maximum of 40 years in federal prison.  If convicted of the heroin trafficking charge, Jimenez-Salas faces a maximum penalty of 20 years in federal prison.  If convicted of the possession of a firearm in relation to a drug trafficking crime charge, Jimenez faces mandatory sentence of five years in prison that must be served consecutive to any other sentence imposed.  Charges in complaints and indictments 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 the Bureau of Alcohol, Tobacco, Firearms and Explosives and BCSO and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.

This case is being prosecuted 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.

ALBUQUERQUE – Eric G. Acosta, 29, a resident of Las Cruces, N.M., was sentenced today in federal court to 120 months in prison followed by five years of supervised release for his conviction on methamphetamine trafficking and firearms charges.  Acosta’s conviction was based on his May 14, 2015, guilty plea.

Acosta and co-defendant Christopher J. Cleveland, 36, also of Las Cruces, were arrested in July 2014, on a criminal complaint charging them with methamphetamine trafficking and firearms charges.  According to the complaint, during a routine traffic stop on June 23, 2014, officers of the Las Cruces Police Department discovered 889.2 grams of methamphetamine, a firearm and drug paraphernalia inside a vehicle driven by Acosta and in which Cleveland was a passenger.  The complaint stated that Cleveland and Acosta had traveled from Arizona, where they obtained the methamphetamine, to Las Cruces in Doña Ana County, N.M., where they intended to distribute the drugs.

In an indictment filed on Oct. 16, 2014, Acosta and Cleveland were charged with participation in a methamphetamine trafficking conspiracy and possession of methamphetamine with intent to distribute.  The indictment also charged each of the two men with being felons in possession of firearms.  The two men were charged with committing these crimes on June 23, 2014, in Doña Ana County.  At the time, Acosta and Cleveland each was prohibited from possessing firearms or ammunition because each had previously been convicted a felony offense. 

On June 9, 2015, Cleveland pled guilty to the two-methamphetamine trafficking charges.  At sentencing, Cleveland faces a statutory minimum of ten years and a maximum of life in federal prison followed by not less than five years of supervised release.  Cleveland remains detained pending a sentencing hearing which is currently scheduled for June 2016.

This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Selesia Lee Winston of the U.S. Attorney’s Las Cruces Branch Office.

The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police.  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 – Robert Organ, Sr., 47, of Farmington, N.M., was arraigned this morning in federal court in Albuquerque, N.M., on an indictment charging him with heroin and methamphetamine trafficking offenses.  During this morning’s proceedings, Organ entered a not guilty plea to the indictment.  He remains in custody pending trial.

The charges against Organ were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division and Commander Kyle Dowdy of the HIDTA Region II Narcotics Task Force.

Organ was arrested on May 2, 2016, on a criminal complaint charging him with possession of heroin and methamphetamine with intent to distribute.  Court records reflect that on March 23, 2016, agents of the HIDTA Region II Narcotics Task Force executed a state arrest warrant on Organ for narcotics violations.  During a search o incident to arrest, agents allegedly found that Organ was in possession of $1,896, 1.7 grams of methamphetamine, 0.9 grams of heroin and drug paraphernalia.  Agents also allegedly found 64 grams of heroin in three different packages, 20 grams of methamphetamine, 13 grams of marijuana, 14 Buprenorphine hydrochloride pills, 5 Alprazolam pills, two cellular phones and drug paraphernalia inside Organ’s vehicle.

Organ was subsequently charged in a two-count indictment with possession of heroin and methamphetamine with intent to distribute on March 23, 2016, in San Juan County, N.M. 

If convicted, Organ faces a statutory maximum penalty of 20 years in federal prison.  Charges in complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated the Albuquerque office of the DEA and the HIDTA Region II Narcotics Task Force.  The HIDTA Region II Narcotics Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

Assistant U.S. Attorney Paul H. Spiers is prosecuting 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 San Jan County, N.M., under this initiative.

The case is also being prosecuted under the HOPE Initiative, which 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 – Rodolfo Rene Ley, 24, of Tucson, Ariz., was arraigned this morning in federal court in Albuquerque, N.M., on an indictment charging him with trafficking heroin in New Mexico.

Ley was arrested at the Amtrak Train Station in Albuquerque on May 13, 2016, after the DEA allegedly found approximately one kilogram of heroin in three clear plastic wrapped bundles under Ley’s clothing during an interdiction search.

Ley was subsequently indicted on May 25, 2016, and charged with possession of heroin with intent to distribute on May 13, 2016, in Bernalillo County, N.M.

If convicted of the charge in the indictment, Ley faces a statutory mandatory minimum of ten years and a maximum of life in federal prison.  Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt. 

This case was investigated by the Albuquerque office of the DEA.  Assistant U.S. Attorney Eva Fontanez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. 

The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Ferguson Pierce, 52, an enrolled member of the Navajo Nation who resides in Farmington, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to an aggravated sexual abuse charge.  Under the terms of his plea agreement, Pierce will be sentenced within the range of 210 to 262 months in prison followed by not less than five years of supervised release.  Pierce will also be required to register as a sex offender after he completes 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 Director Jesse Delmar of the Navajo Nation Division of Public Safety.

Pierce was arrested in Nov. 2015, on a criminal complaint alleging that he sexually assaulted and raped a Navajo woman in San Juan County, N.M., on the Navajo Indian Reservation, on July 6, 2015.  Pierce was indicted on Aug. 25, 2015, and charged with aggravated sexual abuse. 

During today’s proceedings, Pierce pled guilty to a felony information charging him with aggravated sexual abuse.  In entering the guilty plea, Pierce admitted that on July 6, 2015, he forced the victim to engage in a sexual act.  Pierce admitted that he forced his way into the victim’s residence and sexually assaulted the victim. 

Pierce has been in federal custody since his arrest, and will remain detained pending sentencing which has yet to be scheduled.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.

Assistant U.S. Attorney David Adams is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Rolando Cantu, 40, of Hobbs, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 151 months in federal prison followed by five years of supervised release for his conviction on a methamphetamine trafficking charge. 

Cantu was one of five defendants charged as the result of an investigation primarily targeting a drug trafficking organization operating in Lea County, N.M., allegedly headed by co-defendant Leroy Castillo, 34, of Hobbs, N.M.  The investigation was led by the FBI and Lea County Drug Task Force (LCDTF) with assistance from the DEA and New Mexico State Police.  It was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

Cantu was arrested in July 2014, and charged in a seven-count indictment filed in June 2014.  The indictment also charged co-defendants Castillo, Joe Padilla, 34, of Hobbs, Mario Flores, 30, of Artesia, N.M., and Anthony Pisana, 30, of Roswell, N.M.  Count 1 charged the four men with participation in a methamphetamine trafficking conspiracy from Feb. 2014 through May 2014, in Lea County.  Counts 2 and 3 charged certain defendants with possession of methamphetamine with intent to distribute in Eddy and Lea Counties in March 2014, and Counts 4 through 7 charged certain defendants with using telephones to facilitate drug trafficking crimes in Feb., March and April 2016. 

Cantu pled guilty on March 24, 2015, to County 3 of the indictment charging him with possession of methamphetamine with intent to distribute.  In his plea agreement, Cantu admitted that on March 8, 2014, law enforcement officers seized 76.2 grams of methamphetamine from inside a truck parked at his residence.  Cantu further admitted that he intended to distribute the methamphetamine that was found inside the truck. 

With the exception of Castillo, all defendants charged in this case have pleaded guilty.  Castillo has yet to be arrested and is considered a fugitive.  Individuals with information regarding the whereabouts of Castillo are asked to call the FBI at 505-622-6001.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Las Cruces, Roswell and Albuquerque offices of the FBI and the LCDTF, with assistance from the Las Cruces office of the DEA, the New Mexico State Police and the Phoenix Police Department.  The case is being prosecuted by Assistant U.S. Attorneys Terri L. Abernathy and Shaheen P. Torgoley.

The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the 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 – Michael Quarrel, 81, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M., to two years of probation for violating the Archeological Resource Protection Act (ARPA).  The sentence was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Clark Beene of the U.S. Bureau of Land Management (BLM), Region 5 of Office of Law Enforcement and Security.

While on probation, Quarrel will be banned from lands managed by BLM.  Quarrel also was ordered to pay $1,542.48 in restitution to cover the cost of damages he caused to an archaeological resource while committing his crime of conviction.

The sentence was imposed based on a guilty plea entered by Quarrel on Jan. 15, 2016, to a felony information charging him with violating ARPA on Sept. 30, 2013, by excavating, removing and damaging an archaeologic resource located on federal lands in Luna County, N.M.  In entering the guilty plea, Quarrel admitted that on Sept. 30, 2013, he violated ARPA by digging on federal land managed by BLM and removing several pieces of broken Mimbres pottery, thus causing damage to the archaeological resource.

Court records reflect that this is Quarrel’s second ARPA conviction.  In 2003, Quarrel was sentenced to two years of probation for illegally excavating in an archeological site in the Gila Nation Forest.

ARPA protects archaeological resources on public and Indian lands.  It provides felony-level penalties for unauthorized excavation, removal, damage, alteration, or defacement of any archaeological resource, which is defined as material remains of past human life or activities that at least 100 years old.  The archaeological resource at which Quarrel committed his crime is located on federal land near the Cedar Mountains in Luna County, contains remains of a Mimbres Mogollon prehistoric habitation site.

This case was investigated by the Las Cruces Field Office of the BLM and the Luna County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – William Detwiler, 67, a non-Indian who resides in Vanderwagon, N.M., made his initial appearance today in federal court in Albuquerque, N.M., on an indictment charging him with child sexual abuse and kidnapping charges.  Detwiler remains in federal custody pending an arraignment and detention hearing, which are scheduled for tomorrow.

The charges against Detwiler were 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.

The four-count indictment, filed by a grand jury on May 24, 2016, charges Detwiler 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 in Nov. 2013.  It alleges that Detwiler kidnapped and sexually abused the victim again on a date between Nov. 2013 and June 2014.  Detwiler allegedly committed the four crimes on the Navajo Indian Reservation in McKinley County, N.M.

If convicted, Detwiler faces a penalty of a statutory mandatory minimum 30 years to a maximum of life in prison on each of the aggravated sexual assault charges and a statutory mandatory minimum of 20 years to a maximum of life in prison on each of the kidnapping charges.  Detwiler’s penalty on the aggravated sexual assaults charges may be enhanced to a mandatory term of life imprisonment based on his prior conviction for criminal sexual contact with a minor. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

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. Attorney Nicholas Marshall 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.

ALBUQUERQUE – Patrick Yazzie-Tso, 28, an enrolled member of the Navajo Nation who resides in Santa Fe, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assault charges.

Yazzie-Tso was arrested in Jan. 2016, on a criminal complaint charging him with assault.  According to the complaint, on Dec. 13, 2015, the Pojoaque Pueblo Tribal Police Department responded to a report regarding a domestic violence situation occurring on Pojoaque Pueblo in Santa Fe County, N.M.  The complaint alleged that Yazzie-Tso assaulted the victim, a non-Indian, by punching her repeatedly on the head and face, slamming a large painting canvas on her, and strangling her by wrapping his hands around her neck and throat. 

Yazzie-Tso was subsequently indicted on Feb. 9, 2016, and charged with assault resulting in serious bodily injury and strangling an intimate partner.  During today’s proceedings, Yazzie-Tso pled guilty to the indictment without the benefit of a plea agreement.

Yazzie-Tso was remanded into federal custody after entering his guilty plea.  He will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Yazzie-Tso faces a statutory maximum penalty of ten years in federal prison.

 This case was investigated by Northern Pueblos Agency of the BIA’s Office of Justice Services and the Pojoaque Pueblo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Joseph Spindle.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Dr. Cristina V. Beato, Executive Director for Health Policy and International Medicine, UNM Health Sciences Center, will participate in the June 2, 2016 meeting of the Silver Barelas Downtown Neighborhood Association as part of the prevention and education efforts of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. U.S. Attorney Martinez and Dr. Beato will be joined by representatives of the U.S. Attorney’s Office, Drug Enforcement Administration and UNM College of Pharmacy-Generation Rx. 

WHO:            

U.S. Attorney Damon P. Martinez

Cristina V. Beato, M.D., FFAFP, Executive Director for Health Policy and International Medicine, UNM Health Sciences Center

Representatives of the U.S. Attorney’s Office, Drug Enforcement Administration and UNM College of Pharmacy-Generation Rx

WHAT:         

HOPE Initiative Prevention and Education Presentation

WHEN:         

THURSDAY, JUNE 2, 2016, 5:30 p.m.

 WHERE:      

Greater Albuquerque Chamber of Commerce

115 Gold Street SW, Suite 201

Albuquerque, NM 87102

The HOPE Initiative was launched in Jan. 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national heroin and 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, Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC) 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 Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The new community education program is part of the prevention and education component of the HOPE Initiative.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Two residents of Las Cruces, N.M., pleaded guilty this afternoon in federal court to methamphetamine trafficking charges. 

Chayanne Armando Nino, 25, and Michael Angelo Strubhar, 47, were arrested in Jan. 2016, on a criminal complaint charging them with methamphetamine trafficking offenses.    According to the criminal complaint, Nino and Strubhar sold methamphetamine to an undercover agent on July 13, 2015.

Nino and Strubhar were subsequently indicted on Feb. 17, 2016, and charged with conspiracy to distribute methamphetamine and distribution of methamphetamine on July 13, 2015, in Doña Ana County. N.M. 

During today’s proceedings, Nino and Strubhar each pled guilty to a felony information charging them with conspiracy to distribute methamphetamine and distribution of methamphetamine.  Each admitted that on July 13, 2015, Nino distributed methamphetamine to Strubhar who then distributed the methamphetamine to a law enforcement agent who was acting in an undercover capacity.  The weight of the methamphetamine distributed was 12.2 grams.

Under the terms of his plea agreement, Nino will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.  At sentencing, Strubhar faces a maximum penalty of 20 years in federal prison.  Both men remain in custody pending sentencing hearings which have yet to be scheduled.

This case was investigated by the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Albuquerque, N.M., resident Alexander Balding, 20, was arraigned this morning in federal court on a two-count indictment charging him with distribution and possession of visual depictions of minors engaged in sexually explicit conduct.  During this morning’s proceedings, Balding entered a not guilty plea to the indictment.  Balding remains in federal custody pending trial.

The federal indictment, filed on May 24, 2016, charges Balding with distributing child pornography in April 2016 and possessing child pornography for an unknown period of time that ended on April 27, 2016.  The indictment alleges that Balding committed the crimes in Bernalillo County, N.M.

Balding was arrested on May 4, 2016, on a criminal complaint alleging that he distributed and possessed child pornography in April 2016, in Bernalillo County.  According to the criminal complaint, the investigation into Balding began on April 6, 2016, when the FBI received a report from the Bernalillo County Sheriff’s Office (BCSO) identifying an IP address that was being used to share child pornography files.  The criminal complaint alleges that on April 27, 2016, investigators were able to download a number of child pornography files from the computer at the IP address. 

The complaint alleges that investigation revealed that the IP address was subscribed to a person residing in Balding’s home and the files containing child pornography were allegedly downloaded exclusively by Balding.  On April 27, 2016, a search warrant was executed at Balding’s residence, and law enforcement officers seized a computer and external hard drive allegedly containing more than 100 files of child pornography.  Balding was arrested that day on related state charges, which have since been dismissed in favor of federal prosecution.

If convicted on the distribution of child pornography charge, Balding faces a mandatory minimum of five years and a maximum of 20 years in prison.  If convicted on the possession charge, he faces a maximum of 20 years in prison. Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the BCSO and the Albuquerque office of the FBI.  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 – U.S. Attorney Damon P. Martinez will address the Rotary Club of Rio Rancho Sunrise at 7:00 A.M. on WEDNESDAY, JUNE 1, 2016.  U.S. Attorney Martinez will discuss the role of the U.S. Attorney’s Office in addressing the public safety challenges facing New Mexico.

WHO:             U.S. Attorney Damon P. Martinez, District of New Mexico

WHAT:          Presentation to the Rotary Club of Rio Rancho Sunrise on the role of the U.S. Attorney’s Office in addressing New Mexico’s public safety challenges.

WHEN:          WEDNESDAY, JUNE 1, 2016, 7:00 a.m.

WHERE:       Club Rio Rancho, 500 Country Club Dr. SE, Rio Rancho, NM 87124

U.S. Attorney Martinez’s remarks will cover the response of the U.S. Attorney’s Office to the violent crime crisis and the heroin and prescription opioid epidemic confronting New Mexico.  The U.S. Attorney also will discuss his Office’s efforts to address the public safety challenges in tribal communities, particularly crimes against Native American women and children, and its commitment to provide training to tribal officers and coordinate other law enforcement resources available to New Mexico’s Pueblos and Tribes. The discussion will cover the Office’s civil rights and affirmative civil enforcement work, and its efforts to safeguard the important national security assets located in New Mexico.

ALBUQUERQUE – Erik Molinar-Gonzalez, 32, of Los Lunas, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 70 months in prison followed by four years of supervised release for his heroin trafficking conviction. 

Molinar-Gonzalez was arrested in Sept. 2015, and was charged by criminal complaint with heroin and methamphetamine trafficking offenses.  According to the complaint, on Sept. 9, 2015, New Mexico State Police (NMSP) officers found a kilogram of heroin in a vehicle during a traffic stop on Interstate 40 in Albuquerque.  Investigation revealed that the heroin was to be delivered to Molinar-Gonzalez later that same day.  Later that day, agents of Homeland Security Investigations (HSI) and NMSP officers arrested Molinar-Gonzalez and executed searches of his vehicle and residence.  The officers found 7.35 grams of methamphetamine in his vehicle and 45.5 grams of methamphetamine and 9.17 grams of heroin in his residence.

Molinar-Gonzalez was indicted on Oct. 7, 2015, and charged possessing heroin and methamphetamine with intent to distribute.  On Jan. 12, 2016, Molinar-Gonzalez pled guilty to possessing heroin with intent to distribute.

This case was investigated by the Albuquerque office of HSI and the NMSP.  Assistant U.S. Attorney David M. Walsh 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.

ALBUQUERQUE – Maria Isabel Ramos, 62, of Lake Elsinore, Calif., pled guilty today in federal court in Albuquerque, N.M., to a drug trafficking charge arising out of an 11-pound seizure of methamphetamine in Nov. 2014.

Ramos and co-defendant Monica Ortega, 39, of Riverside, Calif., were arrested on Nov. 18, 2014, after New Mexico State Police (NMSP) officers discovered approximately 5.05 kilograms (11.13 pounds) of methamphetamine in their vehicle during a routine traffic stop in Bernalillo County, N.M.  Ramos and Ortega were subsequently indicted on Dec. 16, 2014, and charged with possession of methamphetamine with intent to distribute.

During today’s proceedings, Ramos pled guilty to a felony information and admitted that on Nov. 18, 2014, she was stopped by NMSP officers for driving with an expired license plate.  Ramos further admitted that, during the traffic stop, the officers found a duffel bag in the trunk of her vehicle that contained plastic containers of methamphetamine. 

At sentencing, Ramos faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.

Ortega has entered a not guilty plea to the indictment.  Charges in indictments are merely accusations and defendants are presumed innocent unless convicted in a court of law.

This case was investigated by the Albuquerque office of the DEA and the NMSP.  Assistant U.S. Attorney Presiliano Torrez is prosecuting the case. 

ALBUQUERQUE – Kirk Simplicio, 23, a member and resident of Zuni Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a sexual abuse of a minor charge.  U.S. Attorney Damon P. Martinez and Chief Timothy Trimble of the Zuni Pueblo Tribal Police Department announced the guilty plea.

Simplicio was arrested on March 17, 2015, on an indictment charging him with sexually abusing a minor who was between 12 and 16 years of age.  According to the indictment, Simplicio committed the crime on Jan. 1, 2014, on Zuni Pueblo in McKinley County, N.M. 

During today’s proceedings, Simplicio pled guilty to the indictment and admitted engaging in a sexual act with the victim who was 14 years old and at least four years younger than Simplicio. 

At sentencing, Simplicio faces a statutory maximum penalty of 15 years in federal prison.  He also will be required to register as a sex offender after he completes his prison sentence.  Simplicio was remanded into custody and will remain detained pending sentencing, which has yet to be scheduled.

This case was investigated by the Zuni Pueblo Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

ALBUQUERQUE – Aaron Hubbard, 34, an enrolled member of the Navajo Nation who resides in Fort Defiance, Ariz., was sentenced today in federal court in Albuquerque, N.M., to 120 months in federal prison followed by ten years of supervised release for his abusive sexual contact of a minor child conviction.  Hubbard will be required to register as a sex offender after completing his prison sentence.

Hubbard was arrested on Feb. 25, 2015, on an indictment alleging that he sexually abused a child victim from Sept. 1, 2011 through May 30, 2012, on the Navajo Indian Reservation in McKinley County, N.M.

On Nov. 2, 2015, Hubbard entered a guilty plea to an abusive sexual contact with a child charge.  In entering his guilty plea, Hubbard admitted sexually molesting a Navajo child who was less than 12 years old from Sept. 1, 2011 through May 30, 2012.  Hubbard committed the crime within the Navajo Indian Reservation.

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

ALBUQUERQUE – James Garcia, 46, of Grants, N.M., was sentenced today in federal court in Albuquerque, N.M., to 36 months in prison followed by three years of supervised release for violating the federal firearms laws.

Garcia was arrested in July 2014, on a criminal complaint charging him with possession of methamphetamine and being a felon in possession of firearms and ammunition on July 11, 2014, in Bernalillo County, N.M.  According to the complaint, when Deputy U.S. Marshals arrested Garcia on an outstanding state warrant, Garcia was in possession of a loaded handgun, ammunition, approximately 5.2 grams of methamphetamine, and drug paraphernalia. 

Garcia was subsequently indicted on Feb. 10, 2015, and charged with being a felon in possession of a firearm and ammunition.  The indictment alleged that in July 2014, Garcia was prohibited from possessing firearms or ammunition due to prior convictions for aggravated assault against a household member, aggravated assault with a deadly weapon, and false imprisonment.

On Feb. 16, 2016, Garcia pled guilty to the indictment.  In entering the guilty plea, Garcia acknowledged that in July 2014, he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

This case was investigated by the Albuquerque offices of the DEA, Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service with assistance from the 2nd Judicial District Attorney’s Office.  The case was prosecuted by Assistant U.S. Attorney David M. Walsh.

ALBUQUERQUE – A federal grand jury has returned a six-count indictment that charges Tom Begaye, Jr., 27, with murder, kidnapping and aggravated sexual abuse offenses arising out of the alleged abduction and murder of an 11-year-old Navajo child on May 2, 2016.  U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Division of Public Safety announced the filing of the indictment.

Begaye, an enrolled member of the Navajo Nation from Waterflow, N.M., was arrested on May 4, 2016, on a criminal complaint charging him with kidnapping and murdering an 11-year-old Navajo child.  He has been in federal custody since that time. 

The indictment, which was filed on May 24, 2016 and publicly posted this afternoon, charges Begaye with the following six offenses:  first-degree murder, felony murder, kidnapping resulting in death, aggravated sexual abuse resulting in death (two counts), and kidnapping of a minor.  The indictment alleges that Begaye killed a victim, identified as a female child under the age of 12 years, by striking her with a tire iron.  It further alleges that Begaye caused the victim’s death while kidnapping the victim and sexually assaulting her.  The indictment also alleges that Begaye kidnapped a second victim, identified as a male child under the age of 18 years.  According to the indictment, Begaye committed the six crimes on May 2, 2016, on the Navajo Indian Reservation in San Juan County, N.M. 

A hearing for Begaye’s arraignment on the indictment has yet to be scheduled. 

The statutory penalty for a conviction on each of the first five counts of the indictment is a sentence of mandatory life imprisonment.  The statutory penalty for the sixth count, the kidnapping of a minor charge, is a mandatory minimum of 20 years and a maximum sentence of life imprisonment.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The FBI and Navajo Nation Division of Public Safety investigated the case with assistance from the FBI Child Abduction Rapid Deployment Team, U.S. Marshals Service, New Mexico State Police, San Juan County Sheriff’s Office and the Farmington Police Department.  Assistant U.S. Attorneys Niki Tapia-Brito and David Adams are prosecuting the case.

The case is being prosecuted 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 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.

Begaye Indictment

ALBUQUERQUE – Norma Patricia Rivera, 40, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by five years of supervised release for her methamphetamine trafficking conviction.

Rivera was arrested in May 2015, on a criminal complaint charging her with possession of methamphetamine with intent to distribute.  The complaint alleged that Rivera committed the crime in Luna County, N.M., on May 20, 2015.  According to the complaint, Homeland Security Investigations (HSI) agents executed a state court search warrant at a residence in Luna County and seized 722.9 grams of a methamphetamine mixture in liquid and crystal form.

Rivera was subsequently charged in a two-count indictment on Aug. 19, 2015, with distributing methamphetamine in Doña Ana County, N.M., on July 17, 2014, and possession of methamphetamine with intent to distribute in Luna County on May 20, 2015.

On Oct. 15, 2015, Rivera pled guilty to the indictment.  In entering the guilty plea, Rivera admitted selling 162.18 grams of methamphetamine to a person working with law enforcement officers in Las Cruces on July 17, 2014,   Rivera also admitted that she possessed liquid and crystal methamphetamine in Deming on May 20, 2015, and that she intended to sell the drugs to others.  

This case was investigated by the Deming office of HSI, the Las Cruces office of the FBI, the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and the Deming Police Department, with assistance from the 6th Judicial District Attorney’s Office.  Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police.  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 – Abel Montoya, 53, of Lake Arthur, N.M., pled guilty late yesterday afternoon in Las Cruces, N.M., federal court to violating the federal firearms laws.  Under the terms of his plea agreement, Montoya will be sentenced to 36 months in federal prison followed by a term of supervised release to be determined by the court.

Montoya was arrested on Oct. 21, 2015, on a criminal complaint charging him with being a felon in possession of a firearm on Feb. 27, 2014.  On that day, the Pecos Valley Drug Task Force (PVDTF) executed a search warrant at Montoya’s residence and seized two firearms. 

Montoya was subsequently indicted on Jan. 20, 2016, and charged with being a felon in possession of a firearm.  At the time, Montoya was prohibited from possessing firearms or ammunition because he previously had been convicted of cocaine trafficking and possession of methamphetamine.

During yesterday’s change of plea hearing, Montoya pled guilty to the indictment and admitted that on Feb. 27, 2014, he possessed two firearms, one of which had an obliterated serial number.  Montoya acknowledged that he was prohibited from possessing firearms because of his status as a convicted felon.

Montoya 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 and the PVDTF with assistance from the 5th Judicial District Attorney’s Office.  Assistant U.S. Attorney Randy M. Castellano is prosecuting the case.

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