District of New Mexico

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 – 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.

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.

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.

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 – 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.

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.

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.

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 – 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.

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.

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 – 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.

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.

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.

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 – 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 – 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

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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/.

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. 

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 – 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.

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.

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.

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

ALBUQUERQUE – Edwin C. Johnson, 36, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 120 months in prison followed by three years of supervised release for his assault conviction.  The sentence was announced by U.S. Attorney Damon P. Martinez and Director Jesse Delmar of the Navajo Nation Division of Public Safety.

 “This case and others like it are important reminders on why we must continue to work together to address the disproportionately high rates of violent crimes against Native American women and children,” said U.S. Attorney Damon P. Martinez.  “I commend the Navajo Nation Division of Public Safety for an outstanding investigation that made the defendant account for his criminal conduct and helped the victim and her family move forward with their course of healing.”

 Director Jesse Delmar of the Navajo Nation Division of Public Safety said, “The Navajo Nation is very grateful to the U.S. Attorney’s Office and our law enforcement officers in Crownpoint for pursuing this case and bringing justice to the victim.” 

Johnson was arrested on Dec. 9, 2015, on a criminal complaint charging him with assault with a dangerous weapon.  According to the complaint, Johnson assaulted his girlfriend, a San Carlos Apache woman, with an ax on Dec. 7, 2015.  The victim suffered a gash about four centimeters long and bloody discharge from both ears; she also experienced cranial pressure and swelling.  Because the victim’s injuries were life threatening, she was flown by helicopter to the trauma hospital at the University of New Mexico Hospital in Albuquerque.

Johnson was subsequently indicted on Dec. 17, 2015, and charged with assault with a dangerous weapon, an ax, with intent to do bodily harm, assault resulting in serious bodily injury, and attempt to commit murder.  The indictment alleged that Johnson committed the crime on Dec. 7, 2015, in Indian Country in McKinley County, N.M.  On Jan. 25, 2016, Johnson pled guilty to all three charges. 

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney David Adams.

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.

ALBUQUERQUE – Tom Begaye, Jr., 27, an enrolled member of the Navajo Nation from Waterflow, N.M., made his initial appearance this morning in federal court in Farmington, N.M., on a criminal complaint charging him with kidnapping and murdering an 11-year-old Navajo child.  Begaye remains in federal custody pending a preliminary hearing and a detention hearing both of which are scheduled for May 6, 2016, at the federal courthouse in Albuquerque, N.M. The criminal complaint alleges that on the evening of May 2, 2016, Begaye picked up the victim and a boy (witness) at a location near Shiprock, N.M., and drove them in his vehicle towards the Shiprock Pinnacle.  It further alleges that the witness observed Begaye, who was carrying a piece of metal, take the victim out of his vehicle and walk towards a hill leaving the witness alone in the vehicle.  Begaye allegedly returned about an hour later, still carrying the piece of metal but without the victim.  Upon his return to the vehicle, Begaye allegedly told the witness to get out of the vehicle.  Thereafter, the witness provided a description of Begaye and his vehicle to the police, and a second witness corroborated the descriptions. 

According to the criminal complaint, on May 3, 2016, investigators located and arrested Begaye at a sweat lodge outside of Shiprock based on the descriptions provided by the two witnesses.  Investigators located the victim’s body near Navajo Route 13, which is located within the Navajo Indian Reservation, and observed that the victim’s head was bloody and appeared to have sustained blunt force trauma.

If convicted on the kidnapping of a minor charge, Begaye faces a statutory mandatory minimum of 20 years and a maximum sentence of life imprisonment.  If convicted on the murder charge, Begaye faces a statutory maximum sentence of life imprisonment.  Charges in criminal complaints 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 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.

Begaye Criminal Complaint

ALBUQUERQUE – Cordny Henry, 29, of Oakland, Calif., was arraigned this morning in federal court in Albuquerque, N.M., on a superseding indictment charging him with a sex trafficking charge.  Henry entered a not guilty plea to the superseding indictment.  Henry’s co-defendant, Juanita Williams, 27, of Pittsburg, Calif., previously entered a not guilty plea to the superseding indictment on May 2, 2016.

The superseding indictment, which was filed on April 26, 2016, charges Henry and Williams with commercial sex trafficking.  It alleges that Henry and Williams used force, threats of force and coercion to cause a minor child to engage in a commercial sex act.  According to the superseding indictment, Henry and Williams committed the crime in Bernalillo County, N.M., and elsewhere between Sept 2, 2015 and Sept. 12, 2015.  The superseding indictment modified an earlier filed indictment against Williams by adding Henry as a defendant.

According to court filings, the Bernalillo County Sheriff’s Office initiated the investigation leading to the charge in the superseding indictment in mid-Sept. 2015, after the victim, who was then in California, contacted a local detective and reported that she had been the victim of sexual abuse.  The investigation revealed that the victim, who was then 13-years-old, allegedly had been trafficked for sex by Henry during the first two weeks of Sept. 2015.  Williams allegedly was identified as Henry’s accomplice.  Henry and Williams allegedly forced the victim to earn a minimum of $500 per day by engaging in sex with customers, and Henry allegedly kept the money generated by prostituting the victim.  Henry and Williams allegedly forced the victim to engage in commercial sex acts in Albuquerque and then transported her to Los Angeles, Calif., where the criminal activity continued. 

Charges initially were filed against Henry and Williams in March 2016, after the investigation identified them as the individuals who trafficked the victim.  Williams was arrested on March 15, 2016 and Henry was arrested on April 8, 2016.  Both remain in custody pending trial, which has yet to be scheduled.

If convicted of the crime charged in the superseding indictment, Henry and Williams each face a statutory mandatory minimum penalty of 15 years and a maximum penalty of life in prison.  Charges in indictments and 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 FBI and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Ramon Phillip Baca, 44, of Albuquerque, N.M., pleaded guilty yesterday in federal court to a heroin trafficking charge.  Under the terms of his plea agreement, Baca will be sentenced to 57 months in prison followed by a term of supervised release to be determined by the court.

Baca was indicted on Dec. 1, 2015, and charged with distributing heroin on May 20, 2015 and June 16, 2015, in Bernalillo County, N.M.

During yesterday’s proceedings, Baca pled guilty to one count of heroin distribution and admitted that on June 16, 2015, he met with an individual who, unbeknownst to him was working with law enforcement, with the intention of selling him approximately 47.231 grams of heroin in exchange for $1,300.  Baca remains in custody pending a sentencing hearing which has yet to be scheduled. 

This case was investigated by the Albuquerque office of the FBI with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney Shana B. Long 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

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

ALBUQUERQUE – Gilbert G. Caldwell, 45, of Las Cruces, N.M., was sentenced today in federal court to 120 months in prison followed by three years of supervised release for his cocaine trafficking conviction. 

Caldwell was arrested in Feb. 2015, and charged by criminal complaint with attempting to possess cocaine with intent to distribute.  According to the complaint, Caldwell attempted to purchase 125 grams of cocaine from undercover law enforcement agents on Feb. 12, 2015, in Doña Ana County, N.M.  Caldwell was subsequently indicted on the same charge on May 28, 2015. 

On Dec. 15, 2015, Caldwell pled guilty to the indictment.  In entering the guilty plea, Caldwell admitted meeting a person who unbeknownst to him was an undercover narcotics agent at the Sunland Park Casino on Feb. 12, 2015.  Caldwell gave the undercover agent $4,500.00 in exchange for a white powder that he believed was cocaine but was in fact fake cocaine.  Caldwell made the purchase with the intention of selling cocaine to others. 

This case was investigated by the Las Cruces office of the DEA and was prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Clinton William Yetter, 50, of Gainesville, Fla., pleaded guilty yesterday in Albuquerque, N.M, federal court to false statements and aggravated identity theft charges.

Yetter was charged in a four-count indictment filed on May 29, 2013, with two counts of making false statements and two counts of identity fraud.  The indictment alleged that Yetter made the false statements on Oct. 4, 2011 and May 2, 2012, in Bernalillo County, N.M., when applying for U.S. passports.  It also alleged that Yetter used the name of another person in making the applications.

During yesterday’s change of plea hearing, Yetter pled guilty to the indictment without the benefit of a plea agreement.  Yetter is in federal custody and will remain detained pending his sentencing hearing, which has yet to be scheduled.

At sentencing, Yetter faces a statutory maximum penalty of five years in prison on each of the false statements charges.  He faces a mandatory two-year prison sentence on the identity theft charges, which must be served consecutive to any prison sentence imposed on the false statements charges. 

This case was investigated by the U.S. Department of State, Diplomatic Security Service and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Ronnie D. Rael, 30, of Albuquerque, N.M., was sentenced today in federal court to 18 months in federal prison followed by two years of supervised release for his conviction on burglary and theft charges arising out of the burglaries of Albuquerque area post offices in Oct. and Nov. 2015.

Ronnie Rael and codefendant Venessa Rael, 48, also of Albuquerque, were arrested in Dec. 2015, on a criminal complaint charging them with burglary of a U.S. Post Office and theft of stolen mail.  According to the complaint, the Foothills and Academy Stations of the U.S. Postal Service in Albuquerque experienced several alarm activations in Oct. and Nov. 2015.  Surveillance video from those Post Offices revealed that Ronnie Rael and Venessa Rael removed large amounts of mail from the Post Offices when the alarms were activated.  The complaint charged Ronnie Rael and Venessa Rael with attempting to use credit cards stolen from the Post Offices in Nov. 2015.

Ronnie Rael and Venessa Rael were subsequently charged in a five-count indictment that was filed on Dec. 17, 2015. Counts 1 and 5 charged Ronnie Rael alone with theft of mail on Nov. 15, 2015 and with breaking into a Post Office on Nov. 26, 2015.  Counts 2, 3 and 4 charged Rael and his codefendant with fraudulently attempting to obtain money from the bank account of a person who had not authorized them to do so on Nov. 16, 2015; breaking into a Post Office on Nov. 17, 2015; and theft of mail on Nov. 17, 2015.

On Feb. 1, 2016, Ronnie Rael pled guilty to all five counts of the indictment without the benefit of a plea agreement.  Codefendant Venessa Rael pled guilty to Counts 2, 3 and 4 of the indictment on April 14, 2016.  At sentencing, Venessa Rael faces a maximum penalty of five years in federal prison.  A sentencing hearing has yet to be scheduled.

This case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Anthony Quintana, 31, of Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to 43 months in prison for attempting to rob the Wells Fargo Bank branch located at 545 West Cordova Rd. in Santa Fe, in April 2015.  Quintana will be on supervised release for three years after completing his prison sentence.

Quintana was arrested on May 2, 2015, based on a criminal complaint charging him with attempted bank robbery of the Wells Fargo Bank branch on April 7, 2015.  According to the criminal complaint, Quintana attempted to rob the bank by approaching a bank teller, requesting a withdrawal, and then demanding that the teller give him all of the $100 bills in her drawer.  In making the demand for the money, Quintana claimed he had a gun.  While the teller was searching for keys to open her money drawer, Quintana left the bank without obtaining any money. 

Quintana was subsequently indicted on an attempted bank robbery charge on May 28, 2015.  On Nov. 19, 2015, Quintana pled guilty to the indictment and admitted that on April 7, 2015, he attempted to rob the Wells Fargo Bank branch in Santa Fe.

This case was investigated by the Albuquerque office of the FBI and the Santa Fe Police Department.  Assistant U.S. Attorney Presiliano Torrez prosecuted the case.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Bernalillo County Commissioner Maggie Hart Stebbins, City Councilor Diane Gibson, and Ryan P. Cangiolosi, Chief Strategic Advisor for UNM’s Health Sciences Center, will join DEA Assistant Special Agent in Charge Sean R. Waite at 12:00 p.m. (noon) on Saturday, April 30, 2016, at a DEA Drug Take Back collection site in Albuquerque, N.M., to discuss the impact of DEA’s National Take Back Initiative on New Mexico’s opioid epidemic.  This media opportunity is part of the prevention and education component of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.

WHO:            

U.S. Attorney Damon P. Martinez

Asst. Special Agent in Charge Sean R. Waite, DEA Albuquerque District Office

Bernalillo County Commissioner Maggie Hart Stebbins, District 3

City Councilor Diane Gibson, District 7

Ryan P. Cangiolosi, Chief Strategic Advisor, Office of Strategy and Engagement at the UNM Health Sciences Center

WHEN:         

SATURDAY, APRIL 30, 2016

12:00 p.m., noon 

WHERE:      

DEA Drug Take Back Collection Site

Walgreens

8400 Montgomery NE

Albuquerque, NM 87111

OPEN PRESS

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 that 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 Bernalillo County, DEA, 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.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Traci Marie Salinas, 30, of Phoenix, Ariz., pleaded guilty this morning in Albuquerque, N.M., to a federal heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.

Salinas was arrested in Oct. 2015, after DEA agents seized approximately one kilogram (2.20 pounds) of heroin from her during a consensual search at the Greyhound Bus Station in Albuquerque.  According to the criminal complaint, Salinas had the package of heroin strapped around her waist.

Salinas was indicted on Nov. 5, 2015, and charged with possession of heroin with intent to distribute on Oct. 13, 2015, in Bernalillo County, N.M.

During today’s proceedings, Salinas pled guilty to the indictment and admitted that on Oct. 13, 2015, she transported heroin from Phoenix, Ariz., to New Mexico on the Greyhound Bus.  Salinas admitted strapping the heroin to her stomach and waist underneath her clothing.  Salinas further admitted that she picked up the heroin in Phoenix and expected to be paid to deliver the drugs to Columbus, Ohio.

At sentencing, Salinas faces a maximum penalty of 20 years in federal prison.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Albuquerque office of the DEA.   Assistant U.S. Attorney Dean S. Tuckman 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

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

ALBUQUERQUE – Patrick Carpio, 69, a member and resident of Isleta Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to child sexual abuse and sexual contact charges.  Under the terms of his plea agreement, Carpio will be sentenced to 15 to 20 years in federal prison followed by not less than five years of supervised release.  Carpio will be required to register as a sex offender after he completes his prison sentence.

Carpio was arrested on May 1, 2015, on a four-count indictment charging him with three counts of abusive sexual contact and one count of aggravated sexual abuse.  The indictment charged Carpio with sexually abusing an Indian child who had not reached the age of 12 years on three occasions between Jan. 1999 and Nov. 2002.  It also charged Carpio with sexually abusing a second Indian child who was between the age of 12 and 16 years in March 2013.  According to the indictment, Carpio committed the crimes in Indian Country in Bernalillo County, N.M.  A superseding indictment was filed on Feb. 24, 2016, that charged Carpio with the same offenses.

During today’s proceedings, Carpio pled guilty to Counts 3 and 4 of the superseding indictment charging him with aggravated sexual abuse and abusive sexual contact.  In his plea agreement, Carpio admitted engaging in a sexual act with a ten-year-old Indian child in 2002.  He also admitted having sexual contact with a 12-year-old Indian child in March 2013.  Carpio admitted committing the crimes in the Pueblo of Isleta.

 This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services.  The case is being prosecuted by Assistant U.S. Attorney Sarah Mease as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – After collecting and destroying 5.5 million pounds – 2,762 tons – of unused prescription drugs in the past five years, the DEA is continuing its efforts to take back unused, unwanted and expired prescription medications.  The U.S. Attorney’s Office and the University of New Mexico’s Health Sciences Center are supporting DEA’s National Take Back Initiative as part of the prevention and education component of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  

On Saturday, April 30, 2016, from 10:00 a.m. to 2:00 p.m., the DEA will give the public its 11th opportunity in six years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.  DEA and more than 50 of its law enforcement partners will staff 103 Drug Take Back collection sites in New Mexico.

The public can find a nearby Drug Take Back collection site by visiting www.dea.gov, clicking on the “Got Drugs?” icon, and entering their zip code into the search window, or they can call 800-882-9539.  Only pills and other solids, like patches, will be accepted at DEA Drug Take Back collection sites – the public should not bring liquids, needles or other sharp items to take back sites.  This service is free and anonymous, no questions asked.

 “America is experiencing an epidemic of addiction, overdose and death due to abuse of prescription drugs, particularly opioid painkillers, and New Mexico has the second highest drug overdose death rate in the country,” said U.S. Attorney Damon P. Martinez.  “Properly disposing of unused prescription drugs is a simple and easy way for all of us to help fight this deadly epidemic.”

“We here at the UNM Health Sciences Center completely support the DEA’s National Take Back Initiative,” said Dr. Paul Roth, Chancellor of the UNM Health Sciences Center. “We're committed to working with all our HOPE Initiative partners to eliminate the epidemic of drug addiction, overdoses and deaths that has brought heartache to so many families in our state."

“Prescription drug abuse has reached epidemic proportions in the United States, and many addicts get their start in the family medicine cabinet,” said Assistant Special Agent in Charge Sean R. Waite of the DEA’s Albuquerque District Office.  “DEA’s National Take Back Initiative offers a safe way for New Mexicans to dispose of their unwanted prescription drugs. Through this initiative, we ask for the public’s help in reducing the threat that these drugs pose to the health and safety of our communities.”

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 that 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 Bernalillo County, DEA, 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.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Sergio Escobedo, 37, of Albuquerque, N.M., entered a guilty plea this morning to defrauding the Supplemental Nutrition Assistance Program, more commonly known as the Food Stamp Program. 

Escobedo is one of six defendants charged with defrauding the Food Stamp Program in a 32-count indictment that was filed in Aug. 2014.  The indictment alleged that between Sept. 2009 to May 2010, Escobedo, conspired with Joseph Martin Padilla, 34, Wilfredo Lopez, 47, Joshua Moya, 34, Justin Quintana, 30, and Veronica Hernandez, 42, to defraud the United States through the unauthorized use of Food Stamp benefits, which are currently called Supplemental Nutrition Assistance Program (SNAP) benefits.  During this time, Padilla worked as a Family Assistance Analyst for the Income Support Division of the New Mexico Human Services Department (HSD) where he was responsible for determining applicants’ eligibility and benefit level for SNAP benefits.

SNAP is funded by the U.S. Department of Agriculture and is administered by the States.  The program was created to alleviate hunger and malnutrition, and permits low income households to obtain more nutritious diet by increasing the food purchasing power for eligible households.  In New Mexico, individuals qualify to participate in SNAP based on income and need by completing an application with the Income Support Division of HSD.  Once an applicant is deemed eligible for SNAP benefits by a Family Assistance Analyst, the Analyst establishes a SNAP account in the applicant’s name and electronic benefit transfers (EBT), which are determined based on income, resources and household size, are deposited into the account on a monthly basis.

The indictment charged Padilla with abusing his position as a Family Assistance Analyst by conspiring with his co-defendants to defraud the United States through the unauthorized use of SNAP benefits.  It alleged that Padilla used names and personal identifiers he obtained from his co-defendants to establish fraudulent SNAP accounts, sometimes in exchange for cash or other things of value.  It also charged Padilla with establishing and using a fraudulent SNAP account to fraudulently obtain approximately $1,468.00 in SNAP benefits for himself.  According to the indictment, Padilla fraudulently established 25 separate SNAP accounts through which the United States was defrauded of approximately $45,263.00 in SNAP benefits.  Additionally, Padilla, aided and abetted by his co-defendants, fraudulently established SNAP accounts that were used to fraudulently obtain an aggregate of $12,705.00 in SNAP benefits.

During today’s proceedings, Escobedo pled guilty to one count of the indictment and admitted that he met with Padilla in Jan. 2009, and paid $100.00 for Padilla to process a SNAP benefit application in Escobedo’s name even though Escobedo was ineligible to receive SNAP benefits at that time.  Escobedo further admitted that from Sept. 1, 2009 through Feb. 16, 2010 he obtained $4,678.00 in illegal SNAP benefits for himself.  At sentencing, Escobedo faces a statutory maximum penalty of five years in prison.  A sentencing hearing has yet to be scheduled.

On Nov. 23, 2015, Padilla pled guilty two counts of the indictment and admitted that he was previously employed by HSD and despite his awareness of the policies and procedures of HSD, he processed numerous applications for SNAP benefits in a fraudulent manner in exchange for cash payments.  Padilla acknowledged that his illegal conduct resulted in an aggregate loss to the U.S. Department of Agriculture and the State of New Mexico of approximately $181,398.76.  Padilla was sentenced on Feb. 22, 2016, to a year and a day in prison followed by three years of supervised release and was ordered to pay $181,398.76 in restitution to the USDA.

On May 19, 2015, Lopez entered a guilty plea to one count of the indictment and admitted that he completed fraudulent applications for SNAP benefits in his name, another for himself in a pseudonym, and in the names of two other individuals.  Lopez paid $100.00 to process each of the applications.  Lopez was sentenced on Jan. 14, 2016, to four years of probation and was ordered to pay $8,382.00 in restitution to the USDA.

On May 18, 2015, Quintana pled guilty to one count of the Indictment, and admitted meeting Padilla through Moya, and knowing that Padilla had the ability to register people to receive food stamps.  Quintana admitted that he agreed to pay Padilla a fee in exchange for arranging for him to receive food stamps unlawfully.  Quintana obtained $486.00 in SNAP benefits through his illegal conduct.  He also received a fee for collecting SNAP applications from six other people and delivering the completed applications to Padilla for the purpose of assisting them in obtaining SPA benefits unlawfully.  Quintana acknowledged that his criminal conduct caused a monetary loss to the U.S. Department of Agriculture of $9,384.00.  Quintana was sentenced on Aug. 17, 2015, to three years of probation and was ordered to pay $9,384.00 in restitution.

On March 9, 2015, Moya pled guilty to one count of the indictment and admitted that he fraudulently obtained SNAP benefits to which he was not entitled.  Moya admitted that in early Dec. 2009, Padilla provided him with an application to obtain food stamps.  Moya completed the application and returned it to Padilla for processing even though he knew that he was not entitled to SNAP benefits.  Moya admitted unlawfully receiving $866.00 in SNAP benefits.  Moya also admitted providing another application for SNAP benefits to a family member and that his relative unlawfully received $1,578.00 in SNAP benefits.  On May 6, 2015, Moya was sentenced to six months in prison, or time served, followed by three years of supervised release.  Moya also was ordered to pay $2,444.00 in restitution.

Hernandez has entered a not guilty plea to the charges in the indictment.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Office of Inspector General for the U.S. Department of Agriculture and the Office of Inspector General for New Mexico Human Services, and is being prosecuted by Assistant U.S. Attorney Sean J. Sullivan.