District of New Mexico
Press releases recorded for this federal judicial district.
Navajo Man Pleads Guilty to Federal Assault ChargesRead the Press Release
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.
MEDIA ADVISORY -- New Mexico HOPE Initiative Partners to Meet with Silver Barelas Downtown Neighborhood AssociationRead the Press Release
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.
Las Cruces Residents Plead Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
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 Man Arraigned on Federal Child Pornography ChargesRead the Press Release
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.
MEDIA ADVISORY - U.S. Attorney Damon P. Martinez to Address Rotary Club of Rio Rancho SunriseRead the Press Release
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.
Valencia County Man Sentenced to Federal Prison for Heroin Trafficking ConvictionRead the Press Release
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.
California Woman Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
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.
Zuni Pueblo Man Pleads Guilty to Federal Statutory Rape ChargeRead the Press Release
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.
Navajo Man from Arizona Sentenced to Ten Years for Federal Child Sexual Abuse Conviction in New MexicoRead the Press Release
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/.
Grants Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
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.
Federal Grand Jury Returns Indictment Charging Tom Begaye, Jr., with Murder, Kidnapping and Aggravated Sexual Assault ChargesRead the Press Release
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
Deming Woman Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
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.
Chaves County Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
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.
Albuquerque Resident Sentenced to 80 Months for Federal Conviction Arising Out of January 2015 Pharmacy RobberyRead the Press Release
ALBUQUERQUE – Joseph Montano, 23, of Albuquerque, N.M., was sentenced today in federal court to 80 months in prison followed by three years of supervised release for his conviction arising out of a pharmacy robbery in Jan. 2015. Montano was also ordered to pay $1,831 in restitution to the pharmacy.
Montano’s sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Chief Gorden Eden, Jr., of the Albuquerque Police Department, and Chief Pete N. Kassetas of the New Mexico State Police.
Montano and his co-defendant Victor Hurtado, 21, also of Albuquerque, were charged in April 2015 with crimes arising from the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque. The indictment alleged that the two men (1) violated the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandished a firearm during a crime of violence; (3) violated the Controlled Substance Registrant Act by robbery involving controlled substance; (4) violated the Safe Doses Act by theft of medical products; and (5) possessed Oxycodone with intent to distribute.
On Jan. 19, 2016, Montano pled guilty to violating the Hobbs Act by interfering with interstate commerce by robbery and violence, violating the Controlled Substance Registrant Act by robbery involving controlled substances, violating the Safe Doses Act by theft of medical products and possession of Oxycodone with intent to distribute. Montano admitted that on Jan. 6, 2015, he acted as a lookout while his accomplice jumped over the pharmacy counter at the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque, pointed a firearm at pharmacy employees and bagged bottles of Oxycodone pills. Montano further admitted that he and his accomplice intended to distribute the controlled substances to other individuals and that the replacement value to Smith’s Pharmacy for the stolen pills is approximately $1,831.00.
On July 1, 2015, co-defendant Hurtado pled guilty to robbing a commercial business engaged in interstate commerce; brandishing a firearm during a crime of violence, and possession of Oxycodone with intent to distribute. Hurtado also pled guilty to possession of methamphetamine with intent to distribute, and admitted that he was arrested on state charges on March 5, 2015, after the New Mexico State Police found 54 grams of heroin and 133 grams of methamphetamine in the vehicle Hurtado was driving. Hurtado was sentenced on Dec. 11, 2015, to 141 months in federal prison followed by three years of supervised release. Hurtado was also ordered to pay restitution to the pharmacy.
This case was investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, the Albuquerque Police Department and the New Mexico State Police, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County. The case was prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The case 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 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.
This case also was prosecuted as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Albuquerque Man Sentenced to Seven Years in Federal Prison for Firearms and Counterfeiting ConvictionRead the Press Release
ALBUQUERQUE – Phillip Pacheco, 30, of Albuquerque, N.M., was sentenced this morning in federal court to 84 months in federal prison for being a felon in possession of firearms and counterfeiting U.S. securities. Pacheco will be on supervised release for three years after completing his prison sentence.
Pacheco was indicted on May 28, 2015, and charged with being a felon in possession of firearms and counterfeiting U.S. securities on July 1, 2013, in Bernalillo County, N.M. At the time, Pacheco was prohibited from possessing firearms because he previously had been convicted of marijuana trafficking, armed robbery, conspiracy to commit armed robbery, aggravated assault with a deadly weapon and being a felon in possession of a firearm.
Pacheco was arrested in Aug. 2015, after he was transferred to federal custody from state custody where he was being held on related state charges. The state charges have since been dismissed in favor of federal prosecution.
On Feb. 23, 2016, Pacheco pled guilty to the indictment. In entering the guilty plea, Pacheco admitted that on July 1, 2013, he possessed three firearms even though he was prohibited from possessing firearms because of his status as a convicted felon. Pacheco further admitted that he fraudulently made 147 counterfeit Federal Reserve Notes with a total face value of $9,820.00.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney David M. Walsh prosecuted the case.
Prior Felon from Los Lunas Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Dennis Chavez, 30, of Los Lunas, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to being a felon in possession of a firearm and possession of a stolen firearm.
Chavez was arrested on June 12, 2015, on an indictment charging him with being a felon in possession of a firearm and ammunition and possession of a stolen firearm. The indictment alleged that Chavez committed the two crimes on Jan. 10, 2015, in Bernalillo County, N.M. At the time, Chavez was prohibited from possessing a firearm or ammunition because he previously had been convicted of aggravated assault on a peace officer. According to court filings, Chavez was arrested after he shot himself in the leg while trying to evade law enforcement officers by tripping over a short fence as he attempted to shoot at the officers.
During today’s change of plea hearing, Chavez entered a guilty plea to the indictment and acknowledged unlawfully possessing a firearm even though he was prohibited from possessing a firearm because of his prior felony conviction.
At sentencing, Chavez faces a statutory maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the 2nd Judicial District Attorney’s Office and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Legal Resident from El Salvador Pleads Guilty to Federal Methamphetamine Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Cecilia Pocasangre, 41, a legal permanent resident from El Salvador, pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge arising out of a 7.5-pound seizure of methamphetamine at a U.S. Border Patrol checkpoint.
Pocasangre was arrested in April 2016, and charged in a criminal complaint with possession of methamphetamine with intent to distribute. The complaint alleged that Pocasangre committed the crime on April 6, 2016, in Doña Ana County, N.M. Pocasangre was arrested after U.S. Border Patrol agents at the Border Patrol Checkpoint on Interstate 25 in Doña Ana County found approximately 3.41 kilograms (7.5 pounds) of methamphetamine concealed in Pocasangre’s vehicle during a routine inspection.
During today’s proceedings, Pocasangre pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute and admitted possessing 3.41 kilograms of methamphetamine, which were found during a routine inspection of her vehicle at a U.S. Border Patrol checkpoint.
At sentencing, Pocasangre faces a statutory minimum penalty of ten years and a maximum of life in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA. Assistant U.S. Attorneys John A. Balla and Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Armed Career Criminal from Albuquerque Pleads Guilty to Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Kristian Thomas, 35, of Albuquerque, N.M., pleaded guilty this morning in federal court to unlawfully possessing a firearm. Thomas entered his guilty plea under an agreement that permits him to appeal from a court order denying his motion to suppress evidence. He will be permitted to withdraw his guilty plea if he prevails on his appeal.
Thomas, whose criminal record includes convictions for armed robbery, conspiracy to commit armed robbery and attempted residential burglary, 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. 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.
Thomas was charged by criminal complaint on March 27, 2015, with being a felon in possession of a firearm. According to the complaint, on March 26, 2015, Albuquerque Police Department (APD) officers arrested Thomas at a pawnshop on Bridge SW in Albuquerque on an outstanding warrant. The officers found a revolver in Thomas’ pants pocket during a search incident to arrest. Thomas was subsequently indicted on April 28, 2015, and charged with being a felon in possession of a firearm.
During today’s proceedings, Thomas pled guilty to the indictment, and admitted that on March 26, 2015, he possessed a revolver, which he was not permitted to possess because of his status as a convicted felon.
Thomas remains in federal custody pending a sentencing hearing, which has yet to be scheduled. If deemed an armed career criminal, Thomas faces an enhanced sentence of a statutory mandatory minimum penalty of 15 years in prison.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Albuquerque Woman Arrested on Federal Fugitive Harboring ChargeRead the Press Release
ALBUQUERQUE – The U.S. Marshal Service (USMS) arrested Colleen Calamia, 37, of Albuquerque late this afternoon on a criminal complaint charging her with harboring and concealing a federal fugitive, announced U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria. Calamia will make her initial appearance in federal court tomorrow morning.
The criminal complaint alleges that Calamia harbored her husband, Mario Montoya, 31, after he absconded from a halfway house in Albuquerque on May 20, 2016. Court records reflect that Montoya, who was under indictment for being a felon in possession of a firearm and theft of mail, was released from federal custody on an order requiring him to reside in an Albuquerque-area halfway house and to comply with other conditions. The complaint alleges that Montoya violated the conditions of his release on May 20, 2016, by absconding from the halfway house and violating other release conditions. Montoya allegedly fled from the halfway house in a black sport utility vehicle.
On May 20, 2016, the court issued an emergency warrant authorizing Montoya’s arrest for violating his release conditions. According to the criminal complaint, on May 24, 2016, the USMS learned that Montoya was frequenting a residence located at 312 Western Skies (the residence) in Albuquerque. While conducting surveillance near the residence, USMS Deputies and Task Force officers allegedly observed Calamia driving a black Escalade that parked in front of the residence. They then allegedly observed Calamia and Montoya exit the vehicle and move objects from the vehicle and into the residence.
The complaint alleges that Calamia then left the residence in the black Escalade and USMS Deputies executed a traffic stop on her vehicle. When the Deputies questioned Calamia about Montoya’s whereabouts, she allegedly told them that Montoya was alone in the residence.
According to the complaint, when a USMS arrest team attempted to serve the arrest warrant on Montoya, he fired upon the deputies, initiating an exchange of gunfire. After the arrest team was able to retreat to a safe location, a second team later entered the residence. The second team found Montoya in a closet; he had been struck in the exchange of gunfire and was deceased.
If convicted, Calamia faces a statutory maximum penalty of five years in prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The USMS investigated this case, and Assistant U.S. Attorney Jacob A. Wishard is prosecuting it. Mr. Wishard was also prosecuting the case against Montoya, which was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Postal Inspection Service.
The shooting incident resulting in Montoya’s death is under investigation. As a matter of policy, Department of Justice agencies, including the U.S. Attorney’s Office and the U.S. Marshals Service, may not comment on ongoing investigations.
Alamogordo Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Justin Aaron Hudkins, 33, of Alamogordo, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking crime charges.
Hudkins was one of 34 individuals charged in December 2015 with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Hudkins was arrested on an indictment charging him and seven co-conspirators with conspiracy to distribute methamphetamine in Otero County, N.M., between April 9, 2015 and Oct. 16, 2015, and other drug trafficking offenses. During today’s proceedings, Hudkins entered a guilty plea to participating in a methamphetamine trafficking conspiracy and using a communications device to facilitate a drug trafficking crime. In his plea agreement, Hudkins admitted that in Aug. and Sept. 2015, he obtained gram quantities of methamphetamine from a co-defendant, which he sold to other individuals.
At sentencing, Hudkins faces a maximum of 20 years in federal prison followed by not less than three years of supervised release. A sentencing hearing has yet to be scheduled.
Hudkins is the 12th of the 18 federal defendants to enter a guilty plea. The remaining six federal defendants have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Melissa Chavez is prosecuting the tribal cases.
Prior Felon from Deming Pleads Guilty to Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Elias David Parra, 29, of Deming, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to violating the federal firearms laws.
Parra was arrested in Oct. 2015, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. According to the complaint, officers of the Las Cruces Police Department arrested Parra after finding him in possession of a firearm and ammunition on Oct. 14, 2015, during a traffic stop in Doña Ana County, N.M. At the time, Parra was prohibited from possessing firearms or ammunition because he previously had been convicted of a drug trafficking felony in a Texas state court. Parra was indicted on Jan. 20, 2016.
During today’s proceedings, Parra pled guilty to the indictment, and admitted that he unlawfully possessed a firearm and ammunition on Oct. 14, 2015. Parra acknowledged that he was prohibited from possessing firearms or ammunition as a result of his prior felony conviction for possession of a controlled substance.
At sentencing, Parra faces a statutory maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI, the Doña Ana County Sheriff’s Department and the Las Cruces Police Department. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Navajo Man from Newcomb Pleads Guilty to Discharging a Firearm During a Crime of ViolenceRead the Press Release
ALBUQUERQUE – Eli Hunt, 36, an enrolled member of the Navajo Nation who resides in Newcomb, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to discharging a firearm during a crime of violence. Under the terms of his plea agreement, Hunt will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.
Hunt was arrested in Dec. 2015, on a criminal complaint charging him with assault with a dangerous weapon, discharging a firearm during a crime of violence, and burglary. The complaint alleged that he committed the crimes on Dec. 3, 2015, on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, Hunt broke into a home in Little Water, N.M., and threatened a man and woman who lived there with a tire iron and a firearm. Hunt also fired shots into the air as he chased the victims around their residence and property while threatening to kill them.
Hunt was subsequently indicted on Dec. 17, 2015, and was charged with aggravated burglary, assault with a dangerous weapon, and discharging a firearm during a crime of violence.
During today’s proceedings, Hunt pled guilty to Count 3 of the indictment charging him with discharging a firearm during a crime of violence. In entering his plea, Hunt admitted discharging a firearm while assaulting a person with a deadly weapon.
Hunt was remanded into federal custody after entering his guilty plea. He will remain detained pending his sentencing hearing, 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 Niki Tapia-Brito is prosecuting the case.
Albuquerque Felon Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Jessie Dominguez, 35, of Albuquerque, N.M., was sentenced today in federal court to 40 months in federal prison followed by three years of supervised release for violating the federal firearms laws.
Dominguez was arrested in Sept. 2015, and was charged in an indictment with illegally possessing a firearm on May 11, 2015, in Bernalillo County, N.M. At the time, Dominguez was prohibited from possessing firearms or ammunition because she previously had been convicted for second-degree murder and forgery. Before her federal arrest, Dominguez was facing state charges that were later dismissed in favor of federal prosecution.
Dominguez pled guilty to the indictment on Feb. 9, 2016, without the benefit of a plea agreement.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorney Presiliano Torrez prosecuted the case under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
Mexican Nationals Arrested in New Mexico on Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Two Mexican nationals are facing federal drug trafficking charges arising out of a seizure of 65-pounds of methamphetamine, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, and New Mexico State Police (NMSP) Chief Pete N. Kassetas.
Mario Osorio-Espinoza, 33, and Victor Hugo Lagarica-Salazar, 53, both of whom are illegally in the United States and reside in Lynwood, Calif. made their initial appearances today in federal court on methamphetamine trafficking charges. The two men remain in custody pending preliminary hearings and detention hearings scheduled for tomorrow.
Osorio-Espinoza and Lagarica-Salazar were arrested on May 19, 2016, after NMSP officers discovered approximately 29.54 gross kilograms (65.12 pounds) of methamphetamine hidden in their vehicle during a routine traffic stop in Bernalillo County, N.M.
If convicted of the charges in the criminal complaint, Osorio-Espinoza and Lagarica-Salazar each face 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.
Assistant U.S. Attorney Presiliano Torrez is prosecuting the case, which was investigated by the Albuquerque office of HSI and the NMSP.
Former Employee of Albuquerque Halfway House Pleads Guilty to Sexually Abusing Female InmatesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Monte A. Cason of the Department of Justice Office of Inspector General, Dallas Field Office, announced that a former employee of a halfway house in Albuquerque, N.M., has pleaded guilty to sexually abusing six female inmates who were under his custodial authority.
Eric Trujillo, 35, of Albuquerque, entered his guilty plea in federal court this morning to a six-count felony information charging him with sexually abusing persons in official detention. Under the terms of the plea agreement, Trujillo will be sentenced within the range of four to 15 years in federal prison followed by a term of supervised release to be determined by the court. Trujillo also will be required to register as a sex offender.
Trujillo was arrested in Nov. 2015, on a seven-count indictment charging him with aggravated sexual abuse and sexual abuse of persons in official detention. The indictment charged Trujillo with sexually abusing four women who were living at a halfway house in Bernalillo County, N.M., that provided lodging and other services for federal inmates under a contract with the U.S. Bureau of Prisons. According to the indictment, Trujillo committed the crimes between June 2012 and March 2014, while he was employed as a resident monitor by the halfway house.
The indictment was superseded on March 23, 2016, to add two more sexual abuse charges. The new charges alleged that between May 2012 and Sept. 7, 2012, Trujillo sexually assaulted two more women who were residing at the halfway house.
During today’s proceedings, Trujillo pled guilty to six counts of sexual abuse of a person in official detention. In entering the guilty plea, Trujillo admitted that between May 2012 and March 2014, he engaged in sexual acts with six female inmates who were living at the halfway house pursuant to a contract with the U.S. Bureau of Prisons. Trujillo acknowledged that at the time, he was employed as a resident monitor and guard by the halfway house and that the victims were in official detention and under his custodial, supervisory and disciplinary authority.
Trujillo was remanded into custody after entering his guilty plea. He will remain detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Dallas Field Office of the Department of Justice Office of Inspector General with assistance from the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Sarah J. Mease.
Albuquerque Man Pleads Guilty to Discharging Firearm During Robbery of Commercial BusinessRead the Press Release
ALBUQUERQUE – Raiff Harland Hayes, 25, of Albuquerque, N.M., pleaded guilty in federal court this morning to discharging a firearm during the robbery of a commercial business. Under the terms of his plea agreement, Hayes will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.
Hayes was arrested on Aug. 18, 2015, on a criminal complaint charging him with violating the Hobbs Act and federal firearms laws. According to the complaint, Hayes robbed ABQ Interlock, a business located at 2444 Menaul Blvd. NE in Albuquerque, on the afternoon of July 27, 2015. According to surveillance video, Hayes pointed a firearm at two employees, fired a shot into the ceiling, placed a bag on the counter, and demanded that the employees put cash into his bag. On July 28, 2015, one of the employees identified Hayes as the robber from a photo array. Thereafter Hayes was arrested on state charges that were later dismissed in favor of federal prosecution.
Hayes was indicted on Sept. 10, 2015, and charged with violating the Hobbs Act and discharging a firearm during a crime of violence on July 27, 2015, in Bernalillo County, N.M.
During today’s proceedings, Hayes pled guilty to Count 2 of the indictment and admitted discharging a firearm during the armed robbery of a business engaged in interstate commerce. Hayes remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives in Albuquerque and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Norman Cairns 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 Bernalillo County, N.M., under this initiative.
Federal Indictment Charges Five Luna County Residents with Methamphetamine Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – Five residents of Luna County, N.M., are facing federal narcotics trafficking and money laundering charges as the result of a multi-agency investigation led by Homeland Security Investigations (HSI) into methamphetamine trafficking in and around Deming, N.M. The charges were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of HSI in El Paso, Luna County Sheriff Jonathan Mooradian, Grant County Sheriff Raul Villanueva, Chief Ed Reynolds of the Silver City Police Department and Chief Brandon Gigante of the Deming Police Department.
The charges against the five defendants are the result of a multi-agency investigation led by HSI into a Deming-based methamphetamine trafficking organization allegedly led by Domingo Rodriguez. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. It included a series of methamphetamine purchases by individuals working under the supervision of law enforcement officers. During the course of the investigation, law enforcement authorities seized and purchased more than two pounds methamphetamine. They also seized more than another pound of methamphetamine during a law enforcement operation yesterday.
The five defendants, Rodriguez, 45, Leslie Frank Williams, 51, Oscar Garcia, 45, and Andy Garcia, 43, all residents of Deming, and Estella Aguilar, 44, of Tucson, Ariz., are charged in a nine-count indictment alleging methamphetamine trafficking and money laundering offenses. Count 1 of the indictment charges all five defendants with participating in a methamphetamine trafficking conspiracy in Luna County between July 2015 and April 2016. Counts 2 through 5 charge Williams with distributing quantities of methamphetamine on four dates between July 2015 and Sept. 2015. Count 6 charges Williams and Rodriguez with distributing methamphetamine in Nov. 2015 and Count 7 charges Williams, Rodriguez and Garcia with distributing methamphetamine in Jan. 2016. Count 8 charges Rodriguez, Oscar Garcia and Aguilar with participating in a money laundering conspiracy and Count 9 charges Rodriguez and Aguilar with a money laundering offense. The indictment includes forfeiture provisions seeking a money judgment of $1,000,000, the sum allegedly derived from the drug trafficking crimes alleged in the indictment.
Williams and Rodriguez were arrested yesterday, and made their initial appearances in federal court in Las Cruces, N.M., this morning. Oscar Garcia is in state custody in Oklahoma and Andy Garcia is in state custody in New Mexico on unrelated charges. Both will be transferred to federal custody to face the charges in the indictment. Aguilar has yet to be arrested and is considered a fugitive.
If convicted on the methamphetamine charges, each of the five defendants faces a statutory mandatory minimum of ten years and a maximum of life in prison. If convicted on the money laundering charges, Rodriguez, Oscar Garcia and Aguilar each face a statutory maximum penalty of 20 years in prison. Charges in indictments and complaints are merely accusations and defendants are presumed innocent unless convicted in a court of law.
This case was investigated by HSI in Deming and Las Cruces, the U.S. Border Patrol in Las Cruces and Deming, Luna County Sheriff’s Office, Grant County Sheriff’s Office, Deming Police Department, Silver City Police Department, New Mexico HIDTA Intelligence Center, the El Paso Intelligence Center, Department of Homeland Security ICE Enforcement Removal Operations and Office of Intelligence and Analysis. Assistant U.S. Attorneys Mark A. Saltman and Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Crownpoint Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Shiloh Y. McLemore, 36, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 63 months in prison followed by three years of supervised release for his assault conviction.
McLemore was arrested on April 15, 2015, on a criminal complaint charging him with assault with a dangerous weapon. The complaint alleged that on April 8, 2015, law enforcement officers responded to the campus of the Navajo Technical University (NTU), where McLemore had assaulted and battered a woman and had then barricaded himself inside an apartment on the NTU campus. When approached by a Navajo man, McLemore took out a handgun, loaded the handgun with a full magazine of bullets, chambered a bullet, and threatened the man.
McLemore was subsequently indicted on May 12, 2015, and charged with assault of a male victim with a dangerous weapon, assault of a female victim with a dangerous weapon, and using and brandishing a firearm during a crime of violence. The indictment alleged that McLemore committed the three crimes on April 8, 2015, on the Navajo Indian Reservation in McKinley County, N.M. On Sept. 17, 2015, McLemore pled guilty to the two assault charges.
The Gallup office of the FBI and the Crownpoint office of the Navajo Nation Department of Public Safety investigated this case, which was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Deming Man Pleads Guilty to Narcotics Trafficking and Conspiracy ChargesRead the Press Release
ALBUQUERQUE – Ramiro Trevizo-Granillo, 33, of Deming, N.M., pled guilty today in federal court in Las Cruces, N.M., to narcotics trafficking and conspiracy charges. Under the terms of his plea agreement, Trevizo-Granillo will be sentenced to 156 months in federal prison followed by a term of supervised release to be determined by the court.
Trevizo-Granillo was arrested on July 30, 2015, on a criminal complaint charging him with participating in a methamphetamine trafficking conspiracy and conspiracy to tamper with a witness. The complaint alleged that Trevizo-Granillo provided an individual with 30 grams of methamphetamine on July 4, 2014, with the understanding that the purchaser would be selling the drugs to others. The complaint further alleged that while Trevizo-Granillo was detained on the aforementioned methamphetamine distribution charge, he engaged in a recorded telephone conversation with another person during which he discussed a scheme to prevent a witness from testifying against him.
Trevizo-Granillo was subsequently indicted on Oct. 15, 2015, and charged with participating in a methamphetamine distribution conspiracy on July 4, 2014, in Luna County, N.M., and conspiracy to tamper with a witness on July 4, 2015.
During today’s proceedings, Trevizo-Granillo pled guilty to the indictment and admitted that on July 4, 2014, he sold 30 grams of methamphetamine to another person. Trevizo-Granillo further admitted that on July 5, 2015, he had a conversation with a friend about making a cooperator involved in his case “disappear” so the cooperator would not testify against him.
Trevizo-Granillo remains in federal custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Deming office of Homeland Security Investigations and the Deming Police Department. Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Albuquerque Residents Arrested on Federal Heroin and Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Two residents of Albuquerque, N.M., made their initial appearances today in federal court on a criminal complaint charging them with heroin and methamphetamine trafficking offenses. Joshua Greene, 18, and Kayleb Reyos, 21, remain in custody pending preliminary hearings and detention hearings scheduled for May 19, 2016.
Greene and Reyos were arrested yesterday as the result of a DEA investigation into heroin and methamphetamine trafficking in northwest Albuquerque. The complaint alleges that Greene and Reyos sold an aggregate of 36 ounces (2.25 pounds) of heroin and 3 ounces (.18 pounds) of methamphetamine to undercover law enforcement agents during a series of transactions occurring between Feb. 4, 2016 and May 4, 2016. The two men were arrested when the DEA executed a federal search warrant at their residence in northwest Albuquerque. During the search, the DEA allegedly seized an additional pound of heroin, bulk amounts of cash, a handgun, and drug paraphernalia.
If convicted of the charges in the criminal complaint, Greene and Reyos each face 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 Kristopher Houghton 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 Commissioner Maggie Hart Stebbins, Albuquerque City Councilor Diane Gibson, 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 Felon Facing New Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – Nathan Jensen, 33, of Albuquerque, N.M., made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. Court records indicate that Jensen allegedly committed the offense while on supervised release from a prior federal conviction for being a felon in possession of a firearm. Jensen remains in custody pending a preliminary and detention hearing, both of which are scheduled for Friday.
Court records reflect that the court issued a warrant for Jensen’s arrest on May 4, 2016, based on a petition filed by the U.S. Probation Office to revoke his supervised release. The petition alleges that Jensen had been released from the custody of the U.S. Bureau of Prison on April 25, 2016, after completing an 84-month prison sentence, with directions to report to his probation officer and a half-way house at which he was to reside for up to six-months. Jensen allegedly failed to report either to his probation officer or to the halfway house. The U.S. Marshals Service’s Southwest Investigative Fugitive Team (USMS-SWIFT) arrested Jensen on the warrant on May 16, 2016, and Jensen made his initial appearance in federal court on the supervised release petition yesterday.
Yesterday the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) arrested Jensen on a criminal complaint charging Jensen with unlawfully possessing a firearm and ammunition in Bernalillo County, N.M., on May 16, 2016, when he was arrested by the USMS-SWIFT. According to the criminal complaint, Jensen was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses in the state courts of New Mexico in addition to his federal conviction for being a felon in possession of a firearm.
If convicted of the crime charged in the criminal complaint, Jensen faces a statutory maximum penalty of ten years in federal prison. If the court determines that Jensen is an armed career criminal, he faces a statutory mandatory minimum penalty of 15 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 Albuquerque office of ATF and the USMS-SWIFT. Assistant U.S. Attorney Jacob Wishard 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 Bernalillo County, N.M., under this initiative.
Jensen Complaint
Former Purchasing Agent for the Jicarilla Apache Nation Pleads Guilty to Federal Embezzlement ChargeRead the Press Release
ALBUQUERQUE – The former purchasing agent for the Jicarilla Apache Nation pled guilty yesterday in federal court in Albuquerque, N.M., to embezzling funds from the Jicarilla Apache Nation.
Vanessa Cohoe, now known as Vanessa Vicenti, 46, formerly of Dulce, N.M., was charged in an indictment filed on Dec. 17, 2015, with theft of funds belonging to the Jicarilla Apache Nation, an organization receiving more than $10,000 in federal funds. The indictment alleged that Cohoe committed the crime by embezzling approximately $23,039.23 from the Tribe between Dec. 2010 and May 2011. The indictment also charged Cohoe with embezzling more than $1000 in funds belonging to an Indian Tribal organization by using the Jicarilla Apache Nation’s credit card on eight separate occasions between Jan. 2011 and April 2011.
During yesterday’s proceedings, Cohoe pled guilty to the theft charge, and admitted embezzling funds belonging to the Jicarilla Apache Nation. The plea agreement states that Cohoe committed the crime while employed as the purchasing agent for the Jicarilla Apache Nation, a position she held from Feb. 2007 through June 2011. In that capacity, Cohoe had access to and use of the Tribe’s Sam’s Club credit card for authorized purchases. From Jan. 2010 through May 2011, Cohoe made unauthorized purchases using the Tribe’s credit card for gift cards, alcohol, groceries, clothes and cosmetics for herself and her family. Cohoe concealed her embezzlement scheme by intercepting the credit card bills and modifying them before submitting them to the billing department for payment. Cohoe was suspended from her position in May 2011 and was terminated after a full investigation in June 2011.
Under the terms of her plea agreement, Cohoe will be sentenced to a one to five year term of probation. Cohoe also will be required to pay $5,000 in restitution to the Tribe, the amount being the difference between the total unauthorized purchases and the amount that the Jicarilla Apache Nation has been reimbursed by its insurer. Cohoe will remain on conditions of release and under pretrial supervision pending her sentencing hearing which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI. Assistant U.S. Attorney Kristopher N. Houghton is prosecuting the case.
Jicarilla Apache Man Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Tyson Atole, 30, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assault charges arising out of two separate incidents during which he attacked Native American women.
Atole was arrested in Feb. 2016, on an indictment charging him with assault with a dangerous weapon, a bottle, and assault resulting in serious bodily injury. The indictment alleged that Atole committed the crimes on May 2, 2015, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.
During today’s proceedings, Atole pled guilty to one count of the indictment charging him with assault with a dangerous weapon and admitted assaulting a woman with a bottle on May 2, 2015. Atole also plead guilty to a felony information charging him with assault resulting in serious bodily injury and admitted assaulting another woman and causing her to sustain serious bodily injury by intentionally striking her with his fist on Jan. 28, 2016. Atole admitted committing both crimes on the Jicarilla Apache Indian Reservation.
Atole was remanded into custody after entering his guilty plea. He will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Atole faces a maximum statutory penalty of ten years in federal prison on each of the two assault charges.
This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Joseph Spindle.
This case was brought 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.
Zuni Pueblo Man Pleads Guilty to Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Fabian Tsethlikai, 46, a member and resident of Zuni Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a domestic assault by a habitual offender charge. Under the terms of his plea agreement, Tsethlikai will be sentenced to 21 months in federal prison followed by a term of supervised release to be determined by the court.
Tsethlikai was arrested on Feb. 10, 2016, on an indictment charging him with assault of an intimate partner by a habitual offender. The indictment alleged that Tsethlikai committed the offense on Dec. 10, 2014, on Zuni Pueblo in McKinley County, N.M. Tsethlikai was charged as a habitual offender based on his two prior domestic violence convictions in Zuni Pueblo Tribal Court. Zuni Pueblo Tribal Court records reflect that Tsethlikai’s prior convictions occurred in 2010 and 2011.
During today’s proceedings, Tsethlikai pled guilty to the indictment and admitted that on Dec. 10, 2014, he assaulted the victim, his intimate partner, by repeatedly striking her in the face with his fist. He also acknowledged his two prior tribal court convictions.
Tsethlikai was remanded into the custody of the U.S. Marshals Service after entering his guilty plea. He will remain in custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Zuni Pueblo Tribal Police Department. The case is being prosecuted by Assistant U.S. Attorney David Adams pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
North Carolina Man Pleads Guilty to Using Force Against Muslim Woman to Obstruct Her Free Exercise of Religion on an AirplaneRead the Press Release
ALBUQUERQUE – Gill Parker Payne, 37, of Gastonia, North Carolina, pleaded guilty today in the District of New Mexico to one count of using force or threat of force to intentionally obstruct a Muslim woman, identified as K.A., in the free exercise of her religious beliefs.
According to court documents, on Dec. 11, 2015, Payne and K.A. were on board a Southwest Airlines flight from Chicago to Albuquerque, New Mexico. K.A. was wearing a religious headscarf, known as a hijab. Payne was seated several rows behind K.A. on the airplane, and did not know her. Payne admitted that he saw that K.A. was wearing a hijab and was aware that it is a religious practice of Muslim women to wear a headscarf.
Payne further admitted that shortly before landing, but while still in-flight, he walked up the aisle to where K.A. was sitting and stopped next to her seat. Payne proceeded to tell K.A. to take off her hijab, stating something to the effect of, “Take it off! This is America!” Payne then grabbed the back of the hijab and pulled it all the way off, leaving K.A.’s entire head exposed. As a result, K.A. felt violated and quickly pulled the hijab back up and covered her head again.
“No matter one’s faith, all Americans are entitled to peacefully exercise their religious beliefs free from discrimination and violence,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Using or threatening force against individuals because of their religion is an affront to the fundamental values of this nation, and the Civil Rights Division will continue to be vigilant in protecting the religious liberties guaranteed to all Americans.”
“This prosecution sends a clear message to anyone who contemplates the use of threats or intimidation to interfere with the right of individuals, including members of our Muslim community, to express their faith without fear,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “The U.S. Attorney’s Office is committed to protecting the religious rights of Muslims in New Mexico by aggressively prosecuting those who wish to perpetrate hate crimes against them.”
“All Americans, regardless of their differences, deserve to be treated with respect,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “As the lead agency for enforcing federal civil rights laws, the FBI will continue to hold accountable those individuals whose intolerant acts harm others. I would like to thank the FBI staff in Albuquerque and Charlotte, North Carolina, for their work on this case, as well as the U.S. Justice Department's Civil Rights Division, the U.S. Attorney's Office and Albuquerque Aviation Police.”
A sentencing hearing has not yet been set.
This case is being investigated by the FBI’s Albuquerque Division. The case is being prosecuted by Assistant U.S. Attorney Margaret Vierbuchen of the District of New Mexico and Fara Gold of the Civil Rights Division’s Criminal Section.
North Carolina Man Pleads Guilty to Using Force Against Muslim Woman to Obstruct Her Free Exercise of Religion on an AirplaneRead the Press Release
Gill Parker Payne, 37, of Gastonia, North Carolina, pleaded guilty today in the District of New Mexico to one count of using force or threat of force to intentionally obstruct a Muslim woman, identified as K.A., in the free exercise of her religious beliefs.
According to court documents, on Dec. 11, 2015, Payne and K.A. were on board a Southwest Airlines flight from Chicago to Albuquerque, New Mexico. K.A. was wearing a religious headscarf, known as a hijab. Payne was seated several rows behind K.A. on the airplane, and did not know her. Payne admitted that he saw that K.A. was wearing a hijab and was aware that it is a religious practice of Muslim women to wear a headscarf.
Payne further admitted that shortly before landing, but while still in-flight, he walked up the aisle to where K.A. was sitting and stopped next to her seat. Payne proceeded to tell K.A. to take off her hijab, stating something to the effect of, “Take it off! This is America!” Payne then grabbed the back of the hijab and pulled it all the way off, leaving K.A.’s entire head exposed. As a result, K.A. felt violated and quickly pulled the hijab back up and covered her head again.
“No matter one’s faith, all Americans are entitled to peacefully exercise their religious beliefs free from discrimination and violence,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Using or threatening force against individuals because of their religion is an affront to the fundamental values of this nation, and the Civil Rights Division will continue to be vigilant in protecting the religious liberties guaranteed to all Americans.”
“This prosecution sends a clear message to anyone who contemplates the use of threats or intimidation to interfere with the right of individuals, including members of our Muslim community, to express their faith without fear,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “The U.S. Attorney’s Office is committed to protecting the religious rights of Muslims in New Mexico by aggressively prosecuting those who wish to perpetrate hate crimes against them.”
“All Americans, regardless of their differences, deserve to be treated with respect,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “As the lead agency for enforcing federal civil rights laws, the FBI will continue to hold accountable those individuals whose intolerant acts harm others. I would like to thank the FBI staff in Albuquerque and Charlotte, North Carolina, for their work on this case, as well as the U.S. Justice Department's Civil Rights Division, the U.S. Attorney's Office and Albuquerque Aviation Police.”
A sentencing hearing has not yet been set.
This case is being investigated by the FBI’s Albuquerque Division. The case is being prosecuted by Assistant U.S. Attorney Margaret Vierbuchen of the District of New Mexico and Fara Gold of the Civil Rights Division’s Criminal Section.
Payne Plea Agreement
Payne Information
Carrizozo Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Patricia Kay Portillo, 54, of Carrizozo, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.
Portillo was one of 34 individuals charged in December 2015 with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Portillo was arrested in Dec. 2015, on an indictment charging her with conspiracy and distributing methamphetamine in Otero County, N.M., on Aug. 23, 2015, possession of methamphetamine with intent to distribute on Oct. 6, 2015, and the use of a communication facility in the commission of a drug trafficking crime on Sept. 4, 2015. During today’s proceedings, Portillo entered a guilty plea to possession of methamphetamine with intent to distribute and admitted that on Oct. 6, 2015, she had 41 grams of pure methamphetamine concealed on her person which she planned to distribute to others.
At sentencing, Portillo faces a maximum of 20 years in federal prison followed by not less than three years of supervised release. Portillo remains in custody pending a sentencing hearing which has yet to be scheduled.
Portillo is the 11th of the 18 federal defendants to enter a guilty plea. The remaining seven federal defendants have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.
Arizona Man Pleads Guilty to Heroin Trafficking Charge Arising Out of Four-Pound Heroin Seizure in New MexicoRead the Press Release
ALBUQUERQUE –Sergio Marin Ambriz, 21, of Phoenix, Ariz., pled guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge arising out of a DEA seizure of more than four pounds of heroin in Jan. 2016.
Ambriz was arrested on Jan. 20, 2016, and was charged in a criminal complaint with a heroin trafficking offense after the DEA seized approximately 1.90 kilograms (4.18 pounds) of heroin from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The heroin was contained in three bundles that were concealed inside a pair of jeans in Ambriz’s luggage.
Ambriz was subsequently indicted on Feb. 9, 2016, and charged with possession of heroin with intent to distribute on Jan. 20, 2016, in Bernalillo County, N.M.
During today’s proceedings, Ambriz pled guilty to a felony information charging him with possession of heroin with intent to distribute. In entering the guilty plea, Ambriz admitted transporting heroin from Phoenix, Ariz., to New Mexico on a Greyhound bus by concealing the heroin in his luggage. Ambriz further admitted that he had intended to deliver the heroin to Tulsa, Okla.
Ambriz 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 H. Spiers 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 Commissioner Maggie Hart Stebbins, Albuquerque City Councilor Diane Gibson, 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.
Jicarilla Apache Man Sentenced to 71 Months for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Shane Lewis Vigil, 29, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced today in federal court in Albuquerque, N.M., to 71 months in prison for his assault conviction. Vigil will be on supervised release for three years after completing his prison sentence.
Vigil was arrested on July 24, 2015, on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. According to the complaint, Vigil assaulted his girlfriend, a Jicarilla Apache woman, with an aluminum baseball bat on July 20, 2015. Law enforcement authorities learned about the assault when a social worker reported that the victim had been admitted to a hospital after being severely beaten with a baseball bat.
Vigil was indicted on Aug. 12, 2015, and charged with assault with a dangerous weapon, an aluminum baseball bat, and assault resulting in serious bodily injury. The indictment alleged that Vigil committed the crime on July 20, 2015, on the Jicarilla Apache Reservation in Rio Arriba County, N.M.
On Jan. 26, 2016, Vigil pled guilty to a three-count felony information. The first two counts charged Vigil with assault with a dangerous weapon and assault resulting in serious bodily injury, and arose out of the baseball bat attack on July 20, 2015. The third count charged Vigil with an assault arising out of an attack on a male victim on Nov. 21, 2014, which caused the victim to suffer serious bodily injury.
This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department. Assistant U.S. Attorneys Raquel Ruiz-Velez and Kyle T. Nayback prosecuted the case.
This case was brought 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.
Eight San Juan County Residents Facing Federal Charges Arising Out of Methamphetamine Trafficking on Navajo ReservationRead the Press Release
ALBUQUERQUE – Eight San Juan County residents are facing federal narcotics trafficking charges as the result of a multi-agency investigation led by Homeland Security Investigations (HSI) and the HIDTA Region II Narcotics Task Force into methamphetamine trafficking on the Navajo Indian Reservation in northwestern New Mexico. Six of the eight defendants were arrested yesterday during a law enforcement operation that included the execution of two search warrants at residences in Shiprock and Kirtland, N.M. The six defendants who were arrested made their initial appearances in federal court in Farmington, N.M., this morning. Their arraignment hearings, which will take place in federal court in Albuquerque, N.M., have yet to be scheduled.
The investigation leading to the federal charges was initiated in response to an increase in methamphetamine trafficking on the Navajo Indian Reservation in the Shiprock area. The investigation identified eight defendants, who are charged in five indictments, through a series of methamphetamine purchases by undercover law enforcement officers. Law enforcement authorities seized more than two and a half pounds of methamphetamine, ten firearms, approximately $1,600 in cash and a vehicle during yesterday’s operation.
The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. This Department of Justice program combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
“Methamphetamine continues to have a devastating impact on Native American families and communities,” said U.S. Attorney Damon P. Martinez. “This investigation is an example of how federal, state, local and tribal law enforcement agencies are working together to improve the safety of Native American communities and increase awareness of the dangers of methamphetamine.”
“HSI special agents have worked tirelessly the past year along with our partners to develop this investigation,” said Special Agent in Charge Waldemar Rodriguez of HSI El Paso. “These arrests demonstrate our resolve to identify and dismantle transnational organizations no matter where they attempt to hide.”
“We are very pleased to see the hard work of this joint investigation come to completion,” said Operations Sergeant Kevin Burns of the HIDTA Region II Narcotics Task Force. “We are confident the efforts of this investigation will make this community safer and hold narcotic traffickers accountable in San Juan County.”
The investigation resulted in the filing of indictments in the following federal cases:
The seven-count indictment filed in United States v. Arce, et al., 16-CR-1433 JAP, charges Miguel Rangel-Arce, 36, Luis Rangel-Arce, 44, and Rogelio Santiago Quiroa-Valdez with participating in a methamphetamine trafficking conspiracy between Nov. 2015 and March 2016, and with distributing methamphetamine on six occasions between Jan. 2016 and March 2016. The three defendants are Mexican nationals who have been residing in San Juan County. Miguel Rangel-Arce and Quiroa-Valdez were arrested yesterday. Luis Rangel-Arce has yet to be arrested and is considered a fugitive. If convicted, the defendants face the following statutory penalties: Miguel Rangel-Arce faces a mandatory minimum of ten years and a maximum of life in prison; Luis Rangel-Arce faces a mandatory minimum of five years and a maximum of 40 years in prison; Quiroa-Valdez faces a maximum of 20 years in prison. The three men also face deportation if convicted.
The indictment filed in United States v. Ruiz, et al., 16-CR-1432 WJ, charges Manuel Ruiz, 45, and Troy Begay, 36, both of Kirtland, N.M., with distributing methamphetamine in March 2016. Begay was arrested yesterday. Ruiz has yet to be arrested and is considered a fugitive. If convicted, Ruiz and Begay each face a statutory penalty of a mandatory minimum of five years and a maximum of 40 years in prison.
The indictment filed in United States v. Dennison, 16-CR-1431 JCH, charges Lewayne Dennison, 38, of Fruitland, N.M., with distributing methamphetamine in Oct. 2015. Dennison was arrested yesterday. If convicted, Dennison faces a statutory penalty of a mandatory minimum of five years and a maximum of 40 years in prison.
The indictment filed in United States v. Castor, et al., 16-CR-1430 JCH, charges Kirk Castor, 35, of Kirtland, N.M., with distributing methamphetamine on two occasions in April 2015. Castor was arrested yesterday. If convicted, Castor faces a statutory maximum penalty of 20 years in prison.
The indictment filed in United States v. Begay, 16-CR-1429 JCH, charges George Begay, 47, of Fruitland, N.M., with distributing methamphetamine in April 2014. Begay was arrested yesterday. If convicted, Begay faces a statutory maximum penalty of 20 years in prison.
Charges in indictments and complaints are merely accusations and defendants are presumed innocent unless convicted in a court of law.
Photographs of the two fugitives, Luis Rangel-Arce and Manuel Ruiz, are attached to this press release. Individuals with information on the whereabouts of these fugitives are asked to contact the HIDTA Region II Narcotics Task Force at 505-344-6622.
These cases were investigated by HSI’s Albuquerque office and the HIDTA Region II Narcotics Task Force with assistance from the Farmington office of the FBI, U.S. Marshals Service, and BIA’s Division of Drug Enforcement, Shiprock office of the Navajo Nation Division of Public Safety, New Mexico State Police, San Juan County Sheriff’s Office, Farmington Police Department, and New Mexico National Guard. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the cases.
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, Aztec Police Department and HSI Albuquerque, 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.
Armed Career Criminal from Albuquerque Pleads Guilty to Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Jose Velasquez, 29, of Albuquerque, N.M., pleaded guilty today in federal court to violating the federal firearms laws. Under the terms of his plea agreement, Velasquez will be sentenced to 15 years in federal prison. The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Velasquez, a career criminal whose prior felony convictions for armed robbery and aggravated battery on a peace officer, 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.
Velasquez was arrested on state charges on Aug. 4, 2015, and subsequently was charged in a federal criminal complaint on Aug. 17, 2015, with being a felon in possession of a firearm and ammunition. The state charges were dismissed in favor of federal prosecution.
Court records reflect that on Aug. 4, 2015, APD officers went to the area of Sunshine Terrace SE and University Blvd. SE in Albuquerque in response to a report that an armed man was making statements about getting into a “shoot … out with cops” and claiming that “the feds were after [him].” They arrested Velasquez on state charges after observing him walking around with a firearm. The officers found a semiautomatic pistol, ammunition and a small quantity of heroin in Velasquez’s pants pocket during a search incident to arrest. Velasquez subsequently was indicted and charged with being a felon in possession of a firearm and ammunition.
During today’s proceedings, Velasquez pled guilty to the indictment and admitted that he unlawfully possessed a firearm on Aug. 4, 2015. Velasquez has been in custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the ATF’s Albuquerque office and APD with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Paul Mysliwiec and George C. Kraehe are prosecuting the case.
Jicarilla Apache Man Sentenced for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Christian Quintana, 20, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 18 months in prison followed by three years of supervised release for his federal assault conviction.
Quintana was arrested on March 2, 2015, on an indictment charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. The crimes charged in the indictment took place on July 19, 2014, on the Jicarilla Apache Reservation in Rio Arriba County, N.M.
On Oct. 27, 2015, Quintana pled guilty to the assault with a dangerous weapon charge. In entering the guilty plea, Quintana admitted that on July 19, 2014, he stabbed the victim with a knife during a physical confrontation.
This case was investigated by the Jicarilla Apache Tribal Police Department and was prosecuted by Assistant U.S. Attorney David Adams.
Former Tribal Corrections Officer Sentenced for Sexually Abusing an Inmate and Violating Her Civil RightsRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Special Agent Terry Wade of the FBI’s Albuquerque Division and Chief Herman Silva of the Laguna Pueblo Tribal Police Department announced today the sentencing of Trevor Hunt for his conviction on sexual assault and criminal civil rights charges. Hunt, 22, of Paguate, N.M., was a detention officer at the Laguna Pueblo Detention Facility (LPDF) when he committed these crimes. Hunt will serve a 30-month term of imprisonment followed by five years of supervised release and will be required to register as a sex offender for 15 years after completing his prison sentence.
Hunt pled guilty on Jan. 28, 2016, to a two-count felony information charging him with sexual abuse of a ward, an inmate who was under Hunt’s supervision, and violating her civil rights. The plea agreement states that on May 23, 2015, while Hunt was on duty at the LPDF, he sexually assaulted the victim in the facility’s laundry room. In entering the guilty plea, Hunt admitted that the victim was in official detention and under his custodial and supervisory control when he sexually assaulted her. Hunt also admitted willfully violating the victim’s constitutional rights when he assaulted her.
This case was investigated by the Albuquerque office of the FBI and the Pueblo of Laguna Tribal Police Department, and was prosecuted by Assistant U.S. Attorneys David Adams and Holland S. Kastrin.
This case was brought 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.
Crownpoint Man Sentenced to Prison for Federal Statutory Rape ConvictionRead the Press Release
ALBUQUERQUE – Emanuel Yazzie, 23, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 36 months in prison followed by ten years of supervised release for his sexual abuse of a minor conviction. Yazzie also will be required to register as a sex offender.
Yazzie was arrested on March 5, 2015, on an indictment charging him with sexual abuse of a minor. According to the indictment, Yazzie engaged in a sexual act with the victim who was under 16 years of age in spring of 2014. The indictment alleged that Yazzie committed the crime on the Navajo Indian Reservation within San Juan County, N.M. On Dec. 15, 2015, Yazzie entered a guilty plea to the indictment.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
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/.
Psychologist from Rio Rancho Sentenced to Probation for Federal Health Care Fraud ConvictionRead the Press Release
ALBUQUERQUE – Julee K. Huggins, 61, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., to five years of probation for her conviction on healthcare fraud charges. Huggins also was ordered to pay $157,839.94 in restitution to Medicare and two private insurance carriers who were the victims of Huggins’ criminal conduct.
Huggins entered a guilty plea on Nov. 3, 2015, to a felony information charging her with healthcare fraud. At the time she committed the crime, Huggins was a licensed and practicing clinical psychologist who provided mental health counseling out of a practice in Rio Rancho.
In entering her guilty plea, Huggins admitted that between Jan. 2011 and Feb. 2014, she executed a scheme to fraudulently obtain money from three health care benefit programs, Medicare, which provides healthcare benefits to persons over 65 years of age and persons who are disabled, Presbyterian Health Plan and Blue Cross Blue Shield of New Mexico (collectively, the healthcare benefit programs). Huggins admitted perpetuating the scheme by submitting claims to the three healthcare benefit programs for counseling services that were never performed and by overbilling the programs. Huggins defrauded the three healthcare benefit programs of an aggregate of $157,839.94.
This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Reeve L. Swainston.
Carlsbad Woman Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Suzanne Marie Villa, 37, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 24 months in prison for his methamphetamine trafficking conviction. Villa will be on supervised release for three years after completing her prison sentence.
Villa was arrested on Aug. 25, 2015, on a criminal complaint charging her with possession of methamphetamine with intent to distribute on June 12, 2015, in Eddy County, N.M. According to the criminal complaint, Villa was arrested after Pecos Valley Drug Task Force agents notified U.S. Border Patrol Agents at the Border Patrol Checkpoint on Highway 62/180 near El Paso, Texas, to be on the lookout for her vehicle based on investigation indicating that Villa would be transporting drugs to Carlsbad. The U.S. Border Patrol later seized 25.7 grams of methamphetamine and drug paraphernalia from Villa’s vehicle during a checkpoint inspection. Villa was subsequently indicted on Nov. 19, 2015, and charged with conspiracy to possess methamphetamine with intent to distribute on June 12, 2015, in Eddy County.
On Jan. 26, 2016, Villa pled guilty to the indictment. In her plea agreement, Villa admitted that on June 12, 2015, she was stopped by law enforcement officers and found to be in possession of 25.7 grams of methamphetamine together with other items associated with methamphetamine trafficking including a scale, plastic bags, a glass smoking pipe and $820.00 in cash.
This case was investigated by the Las Cruces office of the DEA, the Pecos Valley Drug Task Force and the U.S. Border Patrol. The case was prosecuted by Assistant U.S. Attorney Selesia Lee Winston of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Albuquerque Man Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jimmy Marquez, 38, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Marquez was arrested on June 30, 2015, on an indictment charging him with distributing methamphetamine on April 17, 2015 and May 29, 2015, in Bernalillo County, N.M. The indictment included forfeiture allegations requiring Marquez to forfeit $600 and a motorcycle to the United States.
On Oct. 23, 2015, Marquez pled guilty to one count of distribution of methamphetamine and admitted that on April 17, 2015, he sold 13.6 grams of 98.4% pure methamphetamine to an undercover law enforcement officer.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.
Dona Ana County Man Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Steven Roman, 28, of Mesilla Park, N.M., was sentenced today in federal court in Las Cruces, N.M., to 77 months in federal prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Roman and co-defendants Guillermo Ortega, 43, and Salvador Ortega, 35, both of Las Cruces, were charged with methamphetamine trafficking offenses in a four-count indictment filed on June 18, 2014. The indictment charged Salvador Ortega and Guillermo Ortega with distributing methamphetamine on April 2, 2014; Guillermo Ortega and Roman with distributing methamphetamine on April 2, 2014; and Guillermo Ortega with distributing methamphetamine on April 2, 2014. It also charged Guillermo Ortega with being a felon in possession of a firearm and ammunition on April 14, 2014. The indictment alleged that the three men committed these crimes in Doña Ana County, N.M.
Roman pled guilty to Count 2 of the indictment on Sept. 23, 2015, and admitted that on April 2, 2014, he distributed 57 grams of methamphetamine to a person working with law enforcement. Roman admitted that on that day, he was contacted by an individual who wanted to purchase methamphetamine, and he in turn contacted Guillermo Ortega and arranged the deal.
Guillermo Ortega pled guilty on Sept. 3, 2015, and admitted that on April 2, 2014, he and his co-defendants distributed 95 grams of methamphetamine to a person working with law enforcement. Guillermo further admitted that on April 14, 2014, he was prohibited from being in possession of firearms or ammunition because of his previous felony conviction of felony theft. At sentencing Guillermo Ortega faces a mandatory minimum of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
On Jan. 21, 2016, Salvador Ortega entered a guilty plea to Count 1 of the indictment without the benefit of a plea agreement. At sentencing, Salvador Ortega faces a maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Davon Lymon Pleads Guilty to Charges in One of Two Pending Federal CasesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of ATF and Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division announced that Davon Lymon, 35, of Albuquerque, N.M., pleaded guilty this morning in federal court to heroin trafficking and firearms charges. Lymon entered the guilty plea without the benefit of a plea agreement to resolve the charges in one of the two federal cases pending against him.
During this morning’s proceedings, Lymon pled guilty to a three-count superseding indictment charging him with distributing heroin on Sept. 11, 2015 and Oct. 2, 2015, and unlawfully possessing a firearm on Oct. 2, 2015, in Bernalillo County, N.M. (heroin trafficking case). In Oct. 2015, Lymon was prohibited from possessing firearms because he previously had been convicted of several felony offenses including voluntary manslaughter, aggravated battery with a deadly weapon resulting in great bodily harm, fraud, and forgery.
At his sentencing hearing in the heroin trafficking case, which has yet to be scheduled, Lymon faces a statutory maximum penalty of 20 years in prison on the two heroin trafficking charges and ten years on the firearms charge.
In a separate federal case, Lymon is charged in a four-count indictment with three counts of being a felon in possession of a firearm and one count of unlawfully possessing a stolen firearm in Bernalillo County (firearms case). Counts 1 and 2 charge Lymon with unlawfully possessing a firearm on May 27, 2015, and Count 4 charges him with unlawfully possessing a firearm and ammunition on Oct. 21, 2015. Count 3 charges Lymon with unlawfully possessing a stolen firearm in late May 2015.
According to court filings, the crime charged in Count 4 of the indictment in the firearms case arises out of a traffic stop by an officer of the Albuquerque Police Department (APD) in southeast Albuquerque on the evening of Oct. 21, 2015, during which Lymon allegedly fired six rounds at the APD officer as the officer attempted to handcuff Lymon. Several rounds struck the APD officer, including one that struck the officer in the face near the chin; the officer died on Oct. 29, 2015, because of injuries sustained on Oct. 21, 2015.
Lymon has entered a not guilty plea to the indictment in the firearms case. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law. If convicted, Lymon faces a statutory maximum penalty of ten years in federal prison on each of the four counts in the indictment in the firearms case. Trial on Count 4 of the indictment in the firearms case is tentatively set for Aug. 1, 2016. A trial date on Counts 1 through 3 has yet to be set.
The heroin trafficking case was investigated by the Albuquerque offices of ATF and DEA. The firearms case was investigated by the Albuquerque office of ATF and APD, with assistance from the Albuquerque office of the FBI, the U.S. Marshals Service, the New Mexico State Police, the Bernalillo County Sheriff’s Office, the Rio Rancho Police Department and the New Mexico Transportation Police Division.
Assistant U.S. Attorneys Jacob A. Wishard and Kimberly A. Brawley are prosecuting the two cases against Lymon as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
United States Files Complaint Against City of Española, to Redress Alleged Trespass on Lands of the Pueblo of Santa ClaraRead the Press Release
ALBUQUERQUE – The United States today filed a civil complaint on its own behalf and for the benefit of the Pueblo of Santa Clara in federal court in Albuquerque, New Mexico, against the city of Española, New Mexico. The complaint alleges that the city lacks valid rights-of-way for portions of its public water and sanitary sewer lines located on the Pueblo’s lands and is therefore trespassing on those lands. With the Pueblo’s consent, the city obtained rights-of-way in the early 1980s for the water and sewer lines under the Indian Right-of-Way Act and its implementing regulations, which authorize grants of easement across Indian lands. Those rights-of-way expired in 1994 and 2002. The complaint seeks to compel the city to comply with the Indian Right-of-Way Act by renewing its rights of way and compensating the Pueblo for the unauthorized use of the Pueblo’s property.
The Pueblo of Santa Clara and Española engaged in negotiations for almost a decade, seeking to resolve these expired rights-of-way. Those negotiations proved unsuccessful and on Nov. 13, 2013, the Bureau of Indian Affairs sent the city a Notice to Show Cause concerning trespass arising out of the expired rights-of-way.
On July 21, 2014, U.S. Attorney Damon P. Martinez for the District of New Mexico sent a follow-up letter to the city, reporting that the city’s “Response to the Notice to Show Cause” fails to provide evidence or argument to establish a legal basis for the city’s presence on Pueblo property or otherwise establish that it is not in trespass.” The city disagreed.
In response to that letter, the city stated that no trespass has taken place and no compensation is due. On April 7, U.S. Attorney Martinez met with Española’s mayor, Alice Lucero and the city’s attorney to determine whether this dispute could be resolved through settlement without filing suit. The city stressed that its position on the trespass issue had not changed.
Española’s continuing denial of trespass on lands for which it previously paid and acquired valid rights-of-way and its refusal to comply with federal law precipitated today’s filing.
“The United States takes seriously enforcement of the rule of law, particularly as it affects Indian Country,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “Compliance with the Indian Right-of-Way Act and other federal statutes is not optional, but a legal requirement that ensures Indian tribes retain control of their lands and resources.”
“The filing of today’s complaint is intended to bring the city of Española into compliance with federal law,” said U.S. Attorney Martinez. “The complaint was filed only after all other options for resolving this dispute had been exhausted. While previous discussions among the parties have failed to resolve this dispute, we are hopeful that meaningful discussions will be possible while the federal court action proceeds.”
Trial Attorney Samuel D. Gollis of the Indian Resources Section of the Justice Department’s Environment and Natural Resources Division and Assistant U.S. Attorney Howard R. Thomas of the U.S. Attorney’s Office for the District of New Mexico are representing the United States in this litigation.
USA v. City of Espanola Complaint