District of New Mexico
Press releases recorded for this federal judicial district.
Career Offender from Arizona Sentenced to 262 Months for Conviction on Federal Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE –Matthew Maley, 48, of Tucson, Ariz., was sentenced today in federal court in Las Cruces, N.M., to 262 months (almost 22 years) in prison followed by ten years of supervised release for his conviction on methamphetamine trafficking and firearms charges. Maley’s sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Lt. Bobby Holden, Commander of the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force.
In announcing Maley’s sentence, U.S. Attorney Damon P. Martinez said that Maley, a career offender whose criminal history includes three prior drug trafficking convictions, was 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 Doña Ana County, N.M., under this initiative.
“Catching drug-traffickers and sending them to prison requires teamwork,” said FBI Special Agent in Charge Terry Wade. “The FBI worked closely on this case with the U.S. Attorney’s Office and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force. We will continue to develop and use our law enforcement partnerships to keep our communities safe.”
“This case is a prime example of multiple agencies working together to make New Mexico a safer place for its citizens,” added Lt. Bobby Holden, Commander of the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force.
Maley and his four co-defendants Jennifer Sanders, 43, Jose Luis Niño, 41, and Aubrey Savage, 36, all of Las Cruces, and Candice Marie Carpenter, 36, of Tucson, were charged in a 14-count superseding indictment filed in March 2014. The superseding indictment charged Maley, Sanders and Savage with participating in a conspiracy to distribute methamphetamine in Doña Ana County from June 2013 through Aug. 2013, and Maley, Nino and Carpenter with conspiracy to distribute methamphetamine in Doña Ana County in Dec. 2013. The superseding indictment also charged the defendants with various substantive methamphetamine trafficking offenses, and Maley and Niño were charged with being felons in possession of firearms and ammunition. The four co-defendants entered guilty pleas to various counts of the superseding indictment while Maley elected to exercise his right to a jury trial.
Maley proceeded to trial on Sept. 22, 2014, on five methamphetamine trafficking charges and a felon in possession of a firearm and ammunition charge. Before the case was submitted to the jury, the court entered a directed verdict of acquittal on one of the drug charges. The trial concluded on Sept. 25, 2014, when the jury returned a verdict of guilty against Maley on four methamphetamine trafficking charges and the firearms charge.
The trial evidence established that Maley was the head of a drug trafficking organization that distributed significant quantities of methamphetamine in New Mexico and Arizona. During July and Aug. 2013, undercover officers made several controlled purchases of methamphetamine from Maley, Sanders and Savage, including the purchase of a pound of methamphetamine on Aug. 21, 2013. From Oct. through Dec. 2013, an informant purchased methamphetamine from Niño, who obtained the methamphetamine from Maley, and on Dec. 4, 2013, officers seized approximately 274 grams of methamphetamine when they executed a search warrant at Niño’s residence in Las Cruces.
On June 11, 2014, Savage pled guilty to a conspiracy count, and was sentenced on Feb. 25, 2015, to 60 months in federal prison followed by four years of supervised release.
On July 16, 2014, Niño pled guilty to conspiracy, possession of methamphetamine with intent to distribute, and felon in possession of ammunition. At sentencing, Niño faces a mandatory minimum of ten years in prison and a maximum of life in prison. His sentencing hearing has not yet been scheduled.
On July 18, 2014, Sanders pled guilty to conspiracy and seven counts of distribution of methamphetamine. At sentencing, Sanders faces a mandatory minimum of ten years in prison and a maximum of life in prison. Her sentencing hearing has yet to be scheduled.
On Sept. 18, 2014, Carpenter pled guilty to conspiracy to distribute methamphetamine and distribution of methamphetamine.
This case was investigated by the Las Cruces office of the FBI and HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Michael Stewart, 56, of Albuquerque, N.M., pleaded guilty today in federal court to a methamphetamine trafficking charge. Under the terms of his plea agreement, Stewart will be sentenced to 135 months in federal prison followed by a term of supervised release to be determined by the court.
Stewart, whose lengthy criminal history includes felony convictions for cocaine and methamphetamine trafficking, robbery, kidnapping and theft, is being prosecuted as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
Stewart was arrested on Feb. 19, 2015, after DEA task force officers seized 611.9 gross grams of methamphetamine and more than $24,000.00 in cash from him and his vehicle during a traffic stop in northwest Albuquerque. Stewart was subsequently indicted on the same charge on March 10, 2015.
The indictment also included forfeiture allegations requiring Stewart to forfeit $25,370.00 to the United States. The court previously entered an order in a related civil proceeding forfeiting the cash to the United States.
During today’s change of plea hearing, Stewart pled guilty to the indictment and admitted that on Feb. 18, 2015, he was in possession of 543.3 grams of actual methamphetamine which he intended to distribute to others. Stewart remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque offices of the DEA and Homeland Security Investigations and the Bernalillo County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Shana B. Long. Assistant U.S. Attorney Stephen R. Kotz handled the civil forfeiture proceedings.
Hobbs Woman Arrested on Federal Production and Distribution of Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Kyla Norby, 27, of Hobbs, N.M., made her initial appearance in federal court in Las Cruces, N.M., this morning on a criminal complaint charging her with production and distribution of child pornography. Norby remains in federal custody pending a preliminary hearing and detention hearing, which have yet to be scheduled.
The criminal complaint alleges that Norby produced and distributed child pornography between May 1, 2015 and Dec. 30, 2015, in Lea County, N.M. According to the criminal complaint, the investigation into Norby was initiated after Homeland Security Investigations (HSI) agents from Laredo, Tex., arrested a man in Odessa, Tex., who revealed that Norby made a two-year old child sexually available to him. The criminal complaint further alleges that a search of the man’s smartphone revealed photos of Norby that included images consistent with child pornography. The man alleged that Norby sent the images to him from her smartphone.
Norby was arrested on Jan. 14, 2016, in Odessa, Tex., and was transferred to New Mexico to face the charges against her.
If convicted on the production charge, Norby faces a statutory mandatory minimum of 15 years and a maximum of 30 years in federal prison. If convicted on the distribution charge, she faces a statutory mandatory minimum of five years and a maximum of 20 years in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Las Cruces office of HSI and the Lea Country Sheriff’s Office, both members of the New Mexico Internet Crimes Against Children (ICAC) Task Force, with assistance from HSI in Laredo, Texas. The case is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the Office of the New Mexico Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Former Bernalillo County Firefighter Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Patrick M. Lopez, 48, of Albuquerque, N.M., pleaded guilty today in federal court to child pornography charges. The guilty plea was entered without the benefit of a plea agreement.
Lopez was arrested in July 2015, on a criminal complaint charging him with possession of visual depictions of minors engaged in sexually explicit conduct. At the time of his arrest, Lopez was employed as a paramedic/firefighter with the Bernalillo County Fire Department.
The charges against Lopez arose from an investigation by the FBI and the Bernalillo County Sheriff’s Office (BCSO). On July 10, 2015, the FBI and BCSO executed a federal search warrant at Lopez’s residence. During the search, forensic examiners found a laptop computer that contained videos consistent with child pornography.
During today’s proceedings, Lopez pled guilty to a felony information charging him with possession of child pornography. According to the information, Lopez possessed the child pornography in Bernalillo County, N.M., between Jan. 19, 2015 and July 10, 2015.
At sentencing Lopez faces a statutory maximum sentence of ten years in federal prison followed by not less than five years of supervised release. Lopez will also be required to register as a sex offender. Lopez remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and BCSO, both members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.
The case is being prosecuted by Assistant U.S. Attorney Shammara H. Henderson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Clovis Man Sentenced to Twelve and a Half Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Michael Montoya, 37, of Clovis, N.M., was sentenced today in federal court in Albuquerque, N.M., to 151 months in prison for his methamphetamine trafficking conviction. Montoya will be on supervised release for ten years following his incarceration. Montoya was also ordered to pay a money judgment in the amount of $60,000.00.
Montoya and his co-defendants, Brian Acuna, 23, and Dianna Hernandez-Trujillo, 24, both of Clovis, N.M., and Alexander Page, 28, of Tucumcari, N.M., were arrested in Nov. 2013, on a six-count indictment charging them with trafficking methamphetamine in three New Mexico counties. Count 1 charged Montoya and his co-defendants with conspiracy to distribute methamphetamine in Curry County, N.M., between Oct. 2007 and Nov. 2013. Count 2 charged Montoya with possession of methamphetamine with intent to distribute on Oct. 11, 2011 in Curry County. Count 3 charged Montoya and Acuna, and Hernandez-Trujillo with possession of methamphetamine with intent to distribute on March 27, 2012, in Cibola County. Count 4 charged Montoya and Page with possession of methamphetamine with intent to distribute on Nov. 7, 2012, in Socorro County. Count 5 charged Montoya with money laundering for purchasing a residence with money derived from a drug trafficking activity on Sept. 22, 2010. Count 6 charged Acuna with using and carrying a firearm in relation to a drug trafficking crime on March 27, 2012, in Cibola County.
On Oct. 1, 2015, Montoya pled guilty to Count1 of the indictment charging him with conspiracy to distribute methamphetamine and Count 5 charging him with money laundering. In his plea agreement, Montoya admitted arranging for drivers to travel to California in vehicles he provided so that they could transport methamphetamine from his sources of supply. Montoya then distributed the methamphetamine in New Mexico. He also admitted being the owner of the 1.7 kilograms of methamphetamine seized from Acuna on March 27, 2012, and the 1.2 kilograms of methamphetamine seized from Page on Nov. 7, 2012, as well as providing the vehicles Acuna and Page were driving. In entering his guilty plea, Montoya also admitted that on Sept. 22, 2010, he purchased a residence in Clovis with proceeds from his ongoing narcotics activities. He also admitted that drug trafficking proceeds were his only source of income from 2005 through 2011, and that he did not file federal income tax returns on that income during those years.
On July 7, 2015, Page pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In his plea agreement, Page admitted that he was stopped for driving 85 miles per hour in a 35 mile per hour zone by a deputy of the Socorro County Sheriff’s Office on Nov. 7, 2012, while traveling near Socorro, N.M. During a search of the vehicle driven by Page, the deputy found approximately 1259 grams of methamphetamine in a hidden compartment in the vehicle. At the time, Page was transporting the methamphetamine to Clovis where the drugs were to be sold and where Page was to be paid for transporting the drugs. Page was sentenced on Nov. 30, 2015 to 27 months in prison followed by three years of supervised release.
Acuna pled guilty on June 26, 2014, to Counts 1 and 3 of the indictment, charging him with participation in a methamphetamine trafficking conspiracy and possession of methamphetamine with intent to distribute. He also pled guilty to Count 6 of the indictment, charging him with using and carrying a firearm in relation to and in furtherance of a drug trafficking crime. In entering his guilty plea, Acuna admitted that on March 27, 2012, he and a co-defendant were stopped by police while transporting methamphetamine from California to Clovis. At the time of the stop, Acuna and the co-defendant knew that a large quantity of methamphetamine was concealed in a secret compartment in the vehicle and that additional methamphetamine was in a backpack in the vehicle. Acuna also admitted that he had a revolver and ammunition in the vehicle for protection.
At sentencing, Acuna faces a mandatory minimum of 10 years to a maximum of life imprisonment on the methamphetamine trafficking charges. On the gun charge, Acuna faces a mandatory minimum of five years in prison which must be served consecutive to any sentence imposed on the drug charges. Acuna remains in federal custody pending his sentencing hearing, which has not yet been scheduled.
Hernandez-Trujillo has entered a not guilty plea to the indictment and is participating in a judicial pretrial diversion program. Charges in indictments are merely accusation and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and IRS-Criminal Investigation, Curry County Sheriff’s Office and City of Clovis Police Department. Assistant U.S. Attorneys Sean J. Sullivan and Jennifer M. Rozzoni are prosecuting this case.
Career Offender from California Sentenced to Twenty Years for Conviction on Federal Drug Trafficking and Firearms Charges in New MexicoRead the Press Release
ALBUQUERQUE – Marcos Anthony Correa, 31, of San Bernardino, Calif., was sentenced today in federal court in Albuquerque, N.M., to 20 years in prison followed by five years of supervised release for his methamphetamine trafficking and firearms convictions.
The sentence was announced by U.S. Attorney Damon P. Martinez, 8th Judicial District Attorney Donald Gallegos, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Pete N. Kassetas of the New Mexico State Police.
U.S. Attorney Damon P. Martinez said that Correa, a career criminal, was 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 felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
“I am very grateful for this program and for the U.S. Attorney’s Office’s efforts to get violent career criminals off our streets. It is important that our communities know about the local/state/federal cooperation that is holding these criminals accountable,” said 8th Judicial District Attorney Donald Gallegos.
Correa was charged in a four-count indictment filed on Aug. 12, 2014, with possession of methamphetamine and heroin with intent to distribute, carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm. The indictment was subsequently superseded on Sept. 9, 2014, to reflect an increase of the quantity of methamphetamine involved. Correa was charged with committing the four offenses on May 30, 2014, in Colfax County, N.M. At the time, Correa was prohibited from possessing firearms or ammunition because he previously had been convicted of multiple felony offenses, including evading a peace officer, possession of a controlled substance for sale, transporting a controlled substance with a participation in a criminal street gang enhancement and possession of heroin, resisting an officer.
Court records reflect that Correa was arrested on May 30, 2015, on related-state charges filed in the 8th Judicial District Court for the State of New Mexico in Colfax County, N.M. The state charges were dismissed in favor of federal prosecution.
On June 4, 2015, Correa pled guilty to possession of methamphetamine with intent to distribute and using a firearm in relation to a drug trafficking crime. In entering the guilty plea, Correa admitted that on May 30, 2014, he possessed 87.3 grams of 100% pure methamphetamine that he intended to deliver to another person. He further admitted possessing a semiautomatic pistol and ammunition in order to protect himself and his drugs in the event someone tried to rob him.
“This case highlights the impact we continue to have through the “worst of the worst” initiative. We will continue to work together and pursue those who threaten our community through the smuggling and distribution of illegal and dangerous drugs,” said DEA Special Agent in Charge Will R. Glaspy.
“I commend the outstanding investigative efforts of all our law enforcement partners. ATF will continue to utilize the full weight of the federal firearms to reduce violent crime in New Mexico,” stated ATF Special Agent in Charge Thomas G. Atteberry.
“The New Mexico State Police is committed to the safeguarding of our citizens and such apprehension of violent offenders is indicative of our ongoing efforts,” said New Mexico State Police Chief Pete N. Kassetas. “We will continue partnering with law enforcement to ensure our citizens are safe and criminals are removed from the communities they jeopardize.”This case was investigated by the Albuquerque offices of the DEA and ATF and the New Mexico State Police, with assistance from the 8th Judicial District Attorney’s Office. Assistant U.S. Attorney Samuel A. Hurtado prosecuted the case.
Albuquerque Resident Pleads Guilty to Federal Charges Arising Out of January 2015 Pharmacy RobberyRead the Press Release
ALBUQUERQUE – Joseph Montano, 23, of Albuquerque, N.M., pleaded guilty today in federal court to felony charges arising out of a pharmacy robbery in Jan. 2015. Under the terms of his plea agreement, Montano will be sentenced within the range of 80 to 120 months in federal prison followed by a term of supervised release to be determined by the court.
The guilty plea 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, 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.
During today’s change of plea hearing, Montano plead 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 in approximately $1,831.00.
Montano remains in custody pending a sentencing hearing which has yet to be scheduled.
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 is being 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.
These cases are being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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 is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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.
Albuquerque Man Sentenced to Five Years for Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Antonio Escobedo, 41, a resident of Albuquerque, N.M., from Calera, Zacatecas, Mexico, was sentenced today in federal court to 60 months in prison for violating the federal firearms laws. Escobedo will be deported following his term of incarceration.
Escobedo was arrested in Feb. 2012, and charged by criminal complaint with possession of methamphetamine with intent to distribute on Feb. 2, 2012, in Bernalillo County, N.M. According to the complaint, on Feb. 2, 2012, law enforcement officers executed a search warrant on Escobedo’s residence and vehicle and seized approximately 29 grams of methamphetamine, three firearms and ammunition, $12,541.00 in cash and drug paraphernalia.
Escobedo was indicted on March 1, 2012, and charged with possession of methamphetamine with intent to distribute. The indictment was subsequently superseded on June 26, 2013, charging Escobedo with possession of methamphetamine with intent to distribute, being a felon in possession of firearms and possession of firearms in furtherance of a drug trafficking crime. Escobedo was prohibited from possessing firearms or ammunition because of his previous felony convictions.
On July 1, 2014, Escobedo pled guilty to possessing a firearm in furtherance of a drug trafficking crime. Escobedo admitted that on Feb. 2, 2012, he possessed methamphetamine inside of a shed on his property and inside of his vehicle, $12,541.00 in a bedroom closet, scales for weighing illegal drugs and wireless telephones for communicating about methamphetamine trafficking. He further admitted that the methamphetamine was intended for distribution to others and not for his personal use. Escobedo also admitted that he possessed three firearms in furtherance of his drug trafficking activities and that he was prepared to use the firearms to protect the controlled substances and proceeds of his drug trafficking activities.
This case was investigated by the Albuquerque offices of the DEA and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Sean J. Sullivan prosecuted the case.
Deming Man Pleads Guilty to Violating the Archeological Resource Protection ActRead the Press Release
ALBUQUERQUE – Michael Quarrel, 81, of Deming, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to violating the Archeological Resource Protection Act (ARPA). The guilty plea was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Clark Beene of the U.S. Bureau of Land Management (BLM), Region 5 of Office of Law Enforcement and Security.
During today’s change of plea hearing, Quarrel pled guilty to a felony information charging him with violating ARPA on Sept. 30, 2013, by excavating, removing and damaging an archaeologic resource located on federal lands in Luna County, N.M. In entering the guilty plea, Quarrel admitted that on Sept. 30, 2013, he violated ARPA by digging on federal land managed by BLM and removing several pieces of broken Mimbres pottery, thus causing damage to the archaeological resource.
ARPA protects archaeological resources on public and Indian lands. It provides felony-level penalties for unauthorized excavation, removal, damage, alteration, or defacement of any archaeological resource, which is defined as material remains of past human life or activities that at least 100 years old. The archaeological resource at which Quarrel committed his crime, which is known as the Indian Wells site and is located on federal land near the Cedar Mountains in Luna County, contains remains of a Mimbres Mogollon prehistoric habitation site.
Under the terms of his plea agreement, Quarrel will be sentenced to two years of probation and will be required to pay $4,250.00 in restitution to cover the cost of damages he caused to the archaeological resource. Quarrel also will be banned from BLM lands for a period of two-years. A sentencing hearing for Quarrel has yet to be scheduled.
“Those who remove or damage artifacts on public or tribal lands take something from all of us. These treasures are the heritage of all Americans, and in many cases, the objects are sacred to Native Americans,” said U.S. Attorney Damon P. Martinez. “The idea that you can take whatever you want from public lands is wrong.”
“The successful prosecution of this case is attributed to the cooperation between BLM and the Luna County Sheriff’s Office along with the United States Attorney’s Office District of New Mexico. All violations of the Archeological Resources Protection Act on public lands administered by BLM will be investigated aggressively,” said BLM Special Agent in Charge Clark Beene.
This case was investigated by the Las Cruces Field Office of the BLM and the Luna County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.
Otero County Man Pleads Guilty to Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – David Ausborn Hiles, 48, of La Luz, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to being a felon in possession of firearms and ammunition. Under the terms of his plea agreement, Hiles will be sentenced to a prison term not to exceed 70 months followed by a term of supervised release to be determined by the court.
Hiles was arrested in Feb. 2015, on a criminal complaint charging him with being a felon in possession of firearms and ammunition. The complaint alleged that Hiles unlawfully possessed 36 firearms and ammunition at his residence in Otero County, N.M., on Nov. 25, 2014. According to the criminal complaint, the New Mexico State Police found the firearms and ammunition while executing a search warrant at Hiles’ residence.
Hiles was subsequently indicted on the same charge on April 14, 2015. The indictment noted that Hiles was prohibited from possessing either firearms or ammunition because he previously has been convicted of the felony offenses of attempting to manufacture methamphetamine, tampering with evidence, aggravated assault with a deadly weapon and intimidation of a witness.
During today’s proceedings, Hiles pled guilty to a felony information charging him with being a felon in possession of firearms and ammunition. Hiles admitted that on Nov. 25, 2014, he was in possession of 36 firearms and approximately 15,000 rounds of miscellaneous ammunition. Under the terms of his plea agreement, Hiles will forfeit the firearms and ammunition.
Hiles remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Mexico State Police, with assistance from the 12th Judicial District Attorney’s Office for the State of New Mexico. Assistant U.S. Attorney Maria Y. Armijo is prosecuting the case.
Navajo Man from Utah Sentenced to Prison for Federal Involuntary Manslaughter Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Bradford J. Billy, 33, an enrolled member of the Navajo Nation who resides in West Jordan, Utah, was sentenced this morning in Albuquerque, N.M., to 46 months in federal prison followed by three years of supervised release for his involuntary manslaughter conviction.
Billy was arrested on Dec. 2, 2014, on a criminal complaint charging him with involuntary manslaughter. According to the complaint, Billy killed the victim who was a passenger in Billy’s vehicle, when Billy crashed his vehicle while driving under the influence of alcohol. The crash occurred on Aug. 2, 2014, in a location within the Navajo Indian Reservation in San Juan County, N.M. Billy was subsequently indicted on the same charge on Dec. 16, 2014.
On Aug. 17, 2015, Billy pled guilty to the indictment and admitted killing the victim by driving recklessly on a gravel road while under the influence of alcohol. Billy acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating a vehicle. Billy also acknowledged that he operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback prosecuted this case.
Albuquerque Man Sentenced for Defrauding the Federal Food Stamp ProgramRead the Press Release
ALBUQUERQUE – Wilfredo Lopez, 47, of Albuquerque, N.M., was sentenced today in federal court to four years of probation for defrauding the federal food stamp program. Lopez was also ordered to pay $8,382.00 in restitution.
Lopez 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, Joseph Martin Padilla, 33, conspired with Lopez, Joshua Moya, 33, Justin Quintana, 29, Sergio Escobedo, 36, and Veronica Hernandez, 41, 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 to conspire with his co-defendants to defraud the United States through the unauthorized use of SNAP benefits. Padilla used names and personal identifiers he obtained from his co-defendants to establish fraudulent SNAP accounts, 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.
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. He acknowledged that his criminal conduct caused a total monetary loss to the U.S. Department of Agriculture of approximately $8,382.00.
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 is currently scheduled for sentencing on Jan. 19, 2016.
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.
Escobedo and Hernandez have entered not guilty pleas 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.
Las Cruces Resident Sentenced to 18 Years for Trafficking Heroin in Doña Ana CountyRead the Press Release
ALBUQUERQUE – Patrick Gonzalez, 40, of Las Cruces, N.M., was sentenced today in federal court to 216 months in prison for his conviction on heroin trafficking and firearms charges. Gonzalez will be on supervised release for five years following his incarceration.
Gonzalez, together with a Mexican national and 19 other Las Cruces residents, were charged with heroin trafficking offenses in five indictments filed in Nov. 2013, as a result of a multi-agency investigation led by the FBI that targeted the heroin trafficking activities of Jovita Belmonte-Gonzalez in Doña Ana County. Belmonte-Gonzales, 45, a Mexican national from Ciudad Juarez, Chihuahua, Mexico, was named as the lead defendant in four of five indictments which charged her with supplying heroin to five drug trafficking organizations that distributed heroin in Doña Ana County.
Belmonte-Gonzalez, pled guilty to heroin trafficking charges in four of the five cases in June 2014, and admitted conducting frequent heroin transactions with her co-defendants between June 2013 and Oct. 2013. Court records reflect that Belmonte-Gonzalez typically negotiated heroin sales by telephone from Juarez and her co-defendants traveled from Doña Ana County to Juarez where they purchased the heroin from her and later distributed the drugs in Doña Ana County. Belmonte-Gonzales faces a mandatory minimum of ten years in prison and a maximum of life in prison, and will be deported after she completes her prison sentence. She remains in federal custody pending her sentencing hearing, which has yet to be scheduled.
On Feb. 27, 2015, Gonzalez pled guilty to participating in a heroin trafficking conspiracy and to being a felon in possession of a firearm. In entering his guilty plea, Gonzalez admitted that from Sept. 2013 through Oct. 2013, he facilitated at least a dozen drug transactions involving an aggregate of 2.4 kilograms of heroin between Belmonte-Gonzalez and other co-conspirators. Gonzalez also admitted that he arranged for individuals to travel to Belmonte-Gonzalez in Juarez, Mexico, to purchase heroin on his behalf and then bring the heroin back to him in Doña Ana County, N.M., where he distributed the heroin to others. He further admitted that on Nov. 15, 2013, he possessed four firearms and that he kept them because of the dangers associated with dealing illegal drugs though he knew he was prohibited from possessing firearms because of his status as a convicted felon.
All 21 of the defendants arrested as a result of the investigation have entered guilty pleas. Nineteen defendants have been sentenced; Belmonte-Gonzales and one other defendant are currently awaiting sentencing hearings.
These cases are being prosecuted by Assistant U.S. Attorney Renee L. Camacho, of the U.S. Attorney’s Las Cruces Branch Office. The investigation leading to the charges in the four cases was led by the Las Cruces office of the FBI in collaboration with U.S. Customs and Border Protection, the U.S. Border Patrol, the Las Cruces office of the DEA, the U.S. Marshals Service, the Las Cruces Police Department and the Doña Ana County Sheriff’s Office.
The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Zuni Pueblo Man Pleads Guilty to Federal Murder ChargeRead the Press Release
ALBUQUERQUE – Dusty Lee Chavez, 23, a member and resident of Zuni Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a second degree murder charge. Under the terms of his plea agreement, Chavez will be sentenced within the range of 228 to 276 months in federal prison followed by a term of supervised release to be determined by the court.
Chavez and his co-defendant Douglas Burt, 19, also a member and resident of Zuni Pueblo, were arrested in Nov. 2014, on a criminal complaint charging them with murdering a man on Oct. 28, 2014, in the Zuni Indian Reservation in McKinley County, N.M. Burt and Chavez were subsequently indicted on murder charges on Nov. 19, 2014.
During today’s change of plea hearing, Chavez pled guilty to a felony information charging him with second degree murder. In entering the guilty plea, Chavez admitted that he and Burt instigated a fight with the victim during which Chavez and Burt took the victim to the ground and punched and kicked the victim. Chavez further admitted that he hit the victim in the head with a rock and Burt stabbed the victim in the torso. An autopsy revealed that the victim died of blunt head trauma and stab wounds to the chest.
On Jan. 7, 2016, Burt pled guilty to a felony information and admitted that he and Chavez murdered the victim. Under the terms of his plea agreement, Burt will be sentenced within the range of 204 to 264 months in federal prison followed by a term of supervised release to be determined by the court.
Chavez and Burt have been in federal custody since their arrests. They remain detained pending sentencing hearings which have yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department. Assistant U.S. Attorneys Elaine Y. Ramirez and Kyle T. Nayback are prosecuting the case.
Non-Native Man from Dulce, N.M., Pleads Guilty to Assaulting Native American WomanRead the Press Release
ALBUQUERQUE – Deandre Lamont Brown, 29, a non-Native man who resides in Dulce, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to an assault of an intimate partner charge.
Brown was arrested on April 17, 2015, on an indictment charging him with assaulting an Indian woman and intimate partner by strangling or suffocating on Oct. 3, 2014, in Indian Country in Rio Arriba County, N.M.
During today’s proceedings, Brown pled guilty to the indictment and admitted to assaulting the victim, a Native American woman who was his intimate partner, by strangling and suffocating her. Under the terms of his plea agreement, Brown will be sentenced within the range of 12 to 36 months in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
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.
Former Corrections Officer Sentenced to Federal Prison for Scheme to Smuggle Drugs into Otero County PrisonRead the Press Release
ALBUQUERQUE – Luis Delgadillo, 39, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 40 months in prison followed by three years of supervised release for his participation in a conspiracy to distribute methamphetamine and heroin into the Otero County Prison Facility (OCPF) in Chaparral, N.M. Delgadillo was employed as a corrections officer at the OCPF when he committed the crime for which he was sentenced.
Delgadillo was one of six individuals charged in April 2014, in a criminal complaint with conspiracy to violate the federal narcotics laws by smuggling controlled substances into the OCPF. The other defendants charged with participating in the conspiracy were Anna Lopez, 26, of Albuquerque, N.M., Nancy Salas, 37, of Alamogordo, N.M., and three OCPF inmates, Eric Lovato, 32, of Boles Acres, N.M., and Armando Lopez, 29, and Gary Borja, 28, both of Albuquerque. All six defendants subsequently were indicted on Aug. 20, 2014, and charged with conspiracy to distribute methamphetamine and heroin from Dec. 2013 through April 26, 2014, in Otero County, N.M.
The FBI initiated an investigation into the case in Jan. 2014, after receiving information from the New Mexico Corrections Department showing that Delgadillo was smuggling heroin and methamphetamine into the OCPF. The investigation, which included a review of recorded inmate telephone calls and OCPF surveillance video, physical surveillance and the results of inmate drug testing, identified the six defendants as members of a conspiracy who smuggled narcotics into the OCPF between Jan. 2014 and April 2014.
On Nov. 19, 2014, Delgadillo entered a guilty plea and admitted participating in a conspiracy to smuggle drugs into the OCPF between Dec. 2013 and April 2014. Delgadillo admitted smuggling an ounce of methamphetamine into the OCPF in Dec. 2013; an ounce of heroin in Feb. 2014; and another ounce of heroin in April 2014. He also admitted that on April 26, 2014, he met with Ana Lopez and obtained 25 grams of methamphetamine, 11 grams of heroin and 10 suboxone pills from her. He was arrested before he was able to smuggle the drugs into the OCPF.
Delgadillo’s five co-defendants have entered guilty pleas to the indictment. On June 24, 2015, Lopez was sentenced to 30 months in federal prison followed by two years of supervised release. Sentencing hearings for the four remaining co-defendants have yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the New Mexico Corrections Department and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Darrel Salazar Arrested on Federal Attempted Bank Robbery ChargeRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD) announced the arrest of Darrel Salazar, 47, of Albuquerque, N.M., on a criminal complaint charging him with attempted bank robbery.
Salazar was arrested this morning by the FBI and made his initial appearance in federal court earlier today. He remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled at 9:30 a.m. tomorrow morning.
According to the criminal complaint, on the afternoon of Jan. 11, 2016, Salazar attempted unsuccessfully to rob the branch of the Bank of America located at 3101 Carlisle Blvd. NE in Albuquerque. The criminal complaint alleges that shortly before 4:00 p.m., Salazar entered the bank where he allegedly passed a note demanding cash to a bank teller and brandished a firearm at the teller in an effort to rob the bank. Salazar allegedly left the bank without obtaining any cash and was apprehended shortly thereafter in the vicinity of a nearby convenience store by APD officers.
According to the criminal complaint, immediately before he was apprehended, Salazar was shot by an APD officer after Salazar allegedly pointed a firearm at APD officers. Thereafter Salazar was admitted to the University of New Mexico Hospital where he was treated for his injuries.
If convicted on the attempted bank robbery charge, Salazar faces up to 20 years in federal prison. Charges in criminal complaints are mere accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and APD. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
Salazar Complaint
Arizona Man Sentenced to Federal Prison for Violating Federal Narcotics Trafficking Laws in New MexicoRead the Press Release
ALBUQUERQUE – Jorge Antonio Rangel, 36, of Phoenix, Ariz., was sentenced today in federal court in Las Cruces, N.M., to 63 months in prison for his narcotics trafficking conviction. Rangel will be on supervised release for four years following his incarceration.
Rangel was arrested in Nov. 2014, and charged by criminal complaint with possession of heroin and methamphetamine with intent to distribute to Oct. 23, 2014, in Hidalgo County, N.M. According to the complaint, on Oct. 23, 2014, law enforcement officers executed a search warrant on Rangel’s vehicle and seized approximately four pounds of methamphetamine and two ounces of heroin. Rangel was subsequently indicted on the same charges on March 18, 2015.
On June 24, 2015, Rangel pled guilty to a felony information charging him with possession of methamphetamine and heroin with intent to distribute. In entering the guilty plea, Rangel admitted that on Oct. 23, 2014, he was stopped by law enforcement officers for speeding in Lordsburg, N.M., and during a search of his vehicle pursuant to a search warrant, the officers found approximately 4 pounds of methamphetamine and two ounces of heroin. Rangel admitted that he intended to deliver the methamphetamine and heroin to another person.
This case was investigated by Homeland Security Investigations and the Lordsburg Police Department. Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Acoma Pueblo Man Sentenced to 97 Months for Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Arthur L. Garcia, 24, an enrolled member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 97 months in prison followed by three years of supervised release for his voluntary manslaughter conviction.
Garcia was arrested in May 2014, and charged in a criminal complaint with killing a non-Native man in Indian Country in Cibola County, N.M., on May 8, 2014. The crime occurred during an argument between Garcia and the victim while the two men were drinking alcoholic beverages. The argument escalated into a physical altercation between the two men during which Garcia threw a ten-pound weight at the victim, hitting him in the head. Garcia then got on top of the victim and threw the weight down onto the victim’s face. Garcia was subsequently indicted on a second degree murder charge on May 21, 2014.
On March 27, 2015, Garcia pled guilty to a felony information charging him with voluntary manslaughter. In entering his guilty plea, Garcia admitted that on May 8, 2014, he killed the victim by striking him with a ten pound weight with the intention of causing him to suffer serious bodily injury. Garcia also admitted that his actions resulted in the victim’s death and that he committed the crime on the Acoma Pueblo Indian Reservation.
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Pueblo of Acoma Tribal Police Department. Assistant U.S. Attorney Niki Tapia-Brito prosecuted the case.
U.S. Citizen Who Resides in Mexico Arrested Based on DEA Seizure of Twelve Pounds of HeroinRead the Press Release
ALBUQUERQUE – Ricardo Raul Murrietta-Romero, 38, a U.S. citizen who resides in Nogales, Mexico, made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with possession of more than 12 pounds of heroin with intent to distribute. Murrietta-Romero remains in federal custody pending a preliminary hearing and a detention hearing which are scheduled for tomorrow morning.
Murrietta-Romero was arrested yesterday after DEA agents allegedly found approximately 12.208 pounds of heroin in his luggage at the Greyhound Bus Station in Albuquerque. If convicted on the charge in the criminal complaint, Murrietta-Romero faces a statutory penalty of a mandatory minimum of ten years and 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 Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Texas Man Arraigned in New Mexico on Indictment Alleging Scheme to Defraud Social Security AdministrationRead the Press Release
ALBUQUERQUE – Dannelly Labogin, 68, of Amarillo, Texas, was arraigned today in federal court in Las Cruces, N.M., on a 36-count indictment charging him with defrauding the Social Security Administration (SSA) of $82,483.00 in Social Security Child’s Insurance Benefits and theft of government property. Labogin entered a not guilty plea to the indictment and was released on his own recognizance.
Count 1 of the indictment alleges that between June 2007 and Nov. 2013, Labogin executed a scheme to defraud the SSA by continuing to receive benefits on his daughter’s behalf even though the girl had been adopted by others and was no longer in his care. It further alleges that as a result of this scheme, Labogin fraudulently received an aggregate of $82,483.00. Counts 2 through 36 of the indictment allege that Labogin knowingly stole and embezzled an aggregate of $26,633.00 in Social Security Child’s Insurance Benefit payments from the SSA between Oct. 1, 2010 and Dec. 3, 2013.
Labogin was arrested in Amarillo on Dec. 4, 2015, and was transferred to the District of New Mexico on Jan. 5, 2016, to face the charges against him.
If convicted, Labogin faces a statutory maximum penalty of five years in prison on the fraud charge and ten years in federal prison on each of the theft of government property charges. Maximum potential sentences are prescribed by Congress and the sentence imposed on a defendant is determined by the court.
Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Social Security Administration, Office of the Inspector General, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Navajo Man Sentenced to 80 Months for Assaulting Two Navajo MenRead the Press Release
ALBUQUERQUE – Clayton Norvelle Scott, 39, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning in Albuquerque, N.M., to 80 months in prison for his assault conviction. He will be on supervised release for three years after completing his prison sentence.
Scott was arrested on July 10, 2015, on a criminal complaint charging him with assault resulting in serious bodily injury and assault with a dangerous weapon. According to the complaint, on Aug. 16, 2014, Scott assaulted two Navajo men with a knife, requiring the two victims to get medical treatment that included numerous stitches.
Scott was subsequently indicted on July 30, 2015, and charged with two counts of assault resulting in serious bodily injury and two counts of assault with a dangerous weapon.
On Oct. 8, 2015, Scott pled guilty to two counts of assault resulting in serious bodily injury. Scott admitted that on Aug. 16, 2014, he encountered the two victims at a home in Shiprock, and during an argument he swung a knife at the faces of both victims. Scott acknowledged that the injuries he caused to the victims required medical attention and caused the victims to suffer extreme physical pain.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.
Las Cruces Men Plead Guilty to Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Two Las Cruces, N.M., men pleaded guilty today in federal court to narcotics trafficking charges under plea agreements with the U.S. Attorney’s Office. Luis Cipriano, 42, pled guilty to cocaine and methamphetamine trafficking charges filed in two separate cases, and his son, Christian Cipriano, 22, pled guilty to methamphetamine trafficking charges in one of the cases.
Luis Cipriano, Christian Cipriano and Luis Manuel Enriquez-Ramirez, 36, also of Las Cruces, were charged in a two-count indictment, 15-CR-1798, on May 20, 2015, with participating in a methamphetamine trafficking conspiracy and distribution of methamphetamine. According to the indictment, the three men conspired to distribute methamphetamine on Aug. 19, 2014, in Doña Ana County, N.M.
In a separate case, Luis Cipriano and co-defendant George Ventura, 46, also of Las Cruces, were charged in a four-count indictment, 15-CR-1799, on May 20, 2015, with participating in a cocaine trafficking conspiracy and distribution of cocaine. According to this indictment, Ventura and Luis Cipriano conspired to distribute cocaine from Aug. 5, 2014 through Nov. 13, 2014 in Doña Ana County. The indictment also charged Luis Cipriano with distributing cocaine on Aug. 5, 2014 and on Oct. 10-11, 2014, and Ventura and Luis Cipriano with distributing cocaine on Sept. 8, 2014.
During today’s change of plea hearing, Luis Cipriano pled guilty to charges in both of the indictments against him. With respect to Indictment 15-CR-1798, Luis Cipriano admitted that on Aug. 19, 2014, he and co-defendant Enriquez-Ramirez negotiated to sell methamphetamine to a person who unbeknownst to Luis Cipriano was working with law enforcement. With respect to Indictment 15-CR-1799, Luis Cipriano admitted that on numerous occasions from Aug. 5, 2014 through Nov. 13, 2014, he conspired with Ventura to distribute cocaine to an undercover agent. Under the terms of his plea agreement, Luis Cipriano will be sentenced to 12 years in federal prison followed by a term of supervised release to be determined by the court. Luis Cipriano remains in custody pending a sentencing hearing which has yet to be scheduled.
Christian Cipriano also pled guilty to charges in Indictment 15-CR-1798 today. He admitted that on Aug. 19, 2014, he drove Luis Cipriano to meet with Enriquez-Ramirez to complete a pre-arranged transaction to sell cocaine to a person who unbeknownst to the three co-conspirators was working with law enforcement. At sentencing, Christian Cipriano faces a mandatory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release. Christian Cipriano remains in custody pending a sentencing hearing which has yet to be scheduled
Ventura pled guilty to charges in Indictment 15-CR-1799 on Dec. 15, 2015, and admitted participating in a cocaine distribution conspiracy and to distributing cocaine on Sept. 8, 2014. At sentencing, Ventura faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. Under the terms of his plea agreement, Ventura will forfeit $7,600.00, which represents the profits he derived from the drug trafficking offenses charged in the indictment. Ventura remains in custody pending a sentencing hearing which has yet to be scheduled.
Enriquez-Ramirez has yet to be arrested and is considered a fugitive. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
These cases were investigated by the Las Cruces office of the DEA and are being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Convicted Sex Offender from Albuquerque Pleads Guilty to Possession of Child PornographyRead the Press Release
ALBUQUERQUE – Michael Lippke, 71, a previously convicted sex offender from Albuquerque, N.M., pleaded guilty today in federal court to possessing child pornography. Under the terms of his plea agreement, Lippke will be sentenced to ten years in federal prison followed by five years of supervised release. He will be required to register as a sex offender following his term of incarceration.
Lippke was arrested on July 16, 2015, on an indictment charging him with two counts of distribution of visual depictions of minors engaged in sexually explicit conduct and seven counts of possession of visual depictions of minors engaged in sexually explicit conduct. The indictment alleged that Lippke distributed child pornography on July 20, 2014 and July 22, 2014. It also alleged that Lippke possessed child pornography between Aug. 21, 2010 and Dec. 10, 2014, on several computers and computer-related media. According to the indictment, the nine offenses were committed in Bernalillo County, N.M.
During today’s change of plea hearing, Lippke pled guilty to the seven possession of child pornography charges, and admitted that he possessed child pornography from Aug. 21, 2010 through Dec. 10, 2014. Lippke remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Homeland Security Investigations and the Office of the New Mexico Attorney General, with assistance from the 2nd Judicial District Attorney’s Office. All are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.
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/.
The case was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the Office of the New Mexico Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement. This case was investigated by the ATF office in Albuquerque and APD.
The case also is brought as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
Zuni Pueblo Man Pleads Guilty to Federal Murder ChargeRead the Press Release
ALBUQUERQUE – Douglas Burt, 19, a member and resident of Zuni Pueblo, pled guilty today in federal court in Albuquerque, N.M., to a second degree murder charge. Under the terms of his plea agreement, Burt he will be sentenced within the range of 204 to 264 months in federal prison followed by a term of supervised release to be determined by the court.
Burt and his co-defendant Dusty Chavez, 23, also a member and resident of Zuni Pueblo, were arrested in Nov. 2014, on a criminal complaint charging them with murdering a man on Oct. 28, 2014, in the Zuni Indian Reservation in McKinley County, N.M. Burt and Chavez were subsequently indicted on a murder charge on Nov. 19, 2014.
During today’s change of plea hearing, Burt pled guilty to a felony information charging him with second degree murder. According to the plea agreement, Burt and Chavez instigated a fight with the victim during which Chavez threw the victim to the ground and started kicking and punching the victim. Burt also kicked the victim; Chavez hit the victim in the head with a rock, and Burt stabbed the victim in the chest. The autopsy report revealed that the victim died as a result of blunt force trauma to the head and stab wounds to the chest.
Chavez has entered a not guilty plea to the indictment. Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
Burt has been in federal custody since his arrest. He remains detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department. Assistant U.S. Attorneys Elaine Y. Ramirez and Kyle T. Nayback are prosecuting the case.
San Felipe Pueblo Man Sentenced for Assaulting a Kewa Pueblo ChildRead the Press Release
ALBUQUERQUE – Gregory Kyle Chavez, Jr., 29, a resident and member of San Felipe Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 14 months in prison for his assault conviction. Chavez will be on supervised release for three years following his incarceration.
Chavez was arrested on July 6, 2015, on a criminal complaint charging him with assault resulting in substantial bodily injury. According to the complaint, on June 13, 2015, in Kewa Pueblo in Sandoval County, N.M., Chavez assaulted a two-year Kewa Pueblo child. The child victim suffered injuries to the left facial and forehead area including dark bruising and swelling to the left eye, left cheek, right jaw and bruising on the neck as a result of the assault.
On Sept. 29, 2015, Chavez pled guilty to a felony information charging him with assault resulting in substantial bodily injury, and admitted assaulting the child on June 13, 2015, causing the child serious bodily injury.
This case was investigated by the Southern Pueblos Agency of the BIA Office of Justice Services and was prosecuted by Assistant U.S. Attorney Sarah Mease.
Acoma Pueblo Man Sentenced for Assaulting His Intimate PartnerRead the Press Release
ALBUQUERQUE – Randy P. Shutiva, 54, a member of the Acoma Pueblo who resides in San Fidel, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to eight months in federal prison followed by one year of supervised release for his assault conviction.
Shutiva was arrested on Dec. 19, 2014, on a criminal complaint charging him with assaulting his intimate partner, an Acoma Pueblo woman, by punching her in the face and head and kicking her body. The criminal complaint alleged that Shutiva committed the assault on Dec. 6, 2014, in Acoma Pueblo within Cibola County, N.M. The victim lost the hearing in one ear and sustained other injuries as a result of the assault.
On Aug. 25, 2015, Shutiva pled guilty to a misdemeanor information charging him with assault by striking, beating or wounding, and admitted assaulting the victim.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Pueblo of Acoma Tribal Police Department. Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Ramirez prosecuted this case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Thoreau Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Anthony J. Hamilton, 30, an enrolled member of the Navajo Nation who resides in Thoreau, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 41 months in federal prison for his assault conviction. Hamilton will be on supervised release for three years following his term of incarceration.
Hamilton was arrested on June 11, 2015, on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury in Indian Country. Court documents indicate that the investigation of this matter began on May 18, 2015, when law enforcement officers were notified that Hamilton had assaulted his girlfriend, a Navajo woman, and two Navajo men in McKinley County, N.M.
On Sept. 29, 2015, Hamilton pled guilty to a felony information charging him with two counts of assault resulting in serious bodily injury. In entering the guilty plea, Hamilton admitted that on May 18, 2015, he repeatedly struck two individuals on the face, head and body with his fists and elbows. As a result of Hamilton’s criminal acts, one of the victims suffered an acute depressed fracture and a concussion and the other victim suffered an acute bilateral fracture to the bones within his orbital and sinus structures.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and the Gallup office of the FBI and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
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 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.
Jicarilla Apache Man Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Shane Lewis Vigil, 29, 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. Under the terms of his plea agreement, Vigil will be sentenced within the range of 60 to 71 months in federal prison followed by a term of supervised release to be determined by the court. Vigil also will be required to pay restitution to the victims of his crimes.
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. According to court records, 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, in Indian Country in Rio Arriba County, N.M.
During today’s proceedings, Vigil pled guilty to a three-count felony information. With respect to Counts 1 and 2, which charged Vigil with assault with a dangerous weapon and assault resulting in serious bodily injury, Vigil admitted assaulting a female victim with a baseball bat on July 20, 2015, in Rio Arriba County, causing the victim to suffer multiple serious injuries. With respect to Count 3, Vigil admitting assaulting a male victim on Nov. 21, 2014, in Rio Arriba County, and causing him to suffer serious bodily injury.
Vigil remains in custody pending a sentencing hearing which has yet to be scheduled.
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 are prosecuting 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 Man Sentenced to Federal Prison for Failing to Update His Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Anthony F. Romero, Jr., 37, of Albuquerque, N.M., was sentenced today in federal court to 15 months in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA). Romero will be required to register as a sex offender following his term of incarceration. The sentence was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Romero was arrested on May 26, 2015, on an indictment charging him with violating SORNA by failing to update his sex offender registration in Bernalillo County, N.M. Court records reflect that Romero was required to register as a sex offender because he was previously convicted of a sexual abuse crime in 2008.
On Oct. 6, 2015, Romero pled guilty to a felony information and admitted that his last registration as a sex offender was on Nov. 20, 2014, and that at the time of his arrest he had not renewed nor attempted to renew his registration.
This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Richard Escobar, 69, of Roswell, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Escobar was arrested in Jan. 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on Dec. 24, 2014, in Chaves County, N.M. According to the complaint, on Dec. 24, 2014, the Chaves County Metro Narcotics Task Force executed a search warrant on Escobar’s residence, vehicle and a storage unit, and seized approximately 312.2 grams of methamphetamine, $17,620.00 in cash, drug paraphernalia, and a firearm and ammunition. Escobar was subsequently indicted on the same charge on June 17, 2015.
During today’s proceedings, Escobar pleaded guilty to the indictment and admitted that on Dec. 24, 2014, officers found 312 grams of methamphetamine in a closet in his bedroom. Escobar also admitted that he intended to distribute the methamphetamine to others.
At sentencing, Escobar faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. Escobar was remanded into custody after entering his guilty plea. He will remain detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Roswell office of the FBI and the Chaves County Metro Narcotics Task Force. Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Non-Native Man from Farmington Pleads Guilty to Assaulting Navajo WomanRead the Press Release
ALBUQUERQUE – John Gabriel Fierro, 26, a non-Native man who resides in Farmington, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to an assault charge.
Fierro was arrested in Oct. 2015, on a criminal complaint charging him with assaulting an Indian woman and causing her serious bodily injury. He subsequently was indicted on the same charge in Nov. 2015. According to court filings, Fierro assaulted his girlfriend, a Navajo woman, in the early hours of Sept. 4, 2015, by kicking her and hitting her in the head. The victim suffered serious injuries which required that she be hospitalized for treatment.
During today’s change of plea hearing, Fierro plead guilty to the indictment and admitted forcibly striking his girlfriend about the face, head and body with his hands and feet.Fierro acknowledged that the victim, a Navajo woman, was hospitalized to receive treatment for the multiple injuries she sustained as a result of the assault.The victim’s injuries included multiple rib fractures, a mild left pneumothorax associated with the rib fractures and multiple fractures to her thoracic vertebrae.Fierro further admitted that he committed the assault near the Navajo Agricultural Products Incorporated (NAPI), which is within the Navajo Indian Reservation.
Under the terms of the plea agreement, Fierro will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court. He also will be required to pay restitution to the victim. Fierro remains in custody pending a 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.
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 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.
Navajo Man from Arizona Pleads Guilty to Federal Assault Charge in New MexicoRead the Press Release
ALBUQUERQUE – Brandon Lee Walker, 21, an enrolled member of the Navajo Nation who resides in Sanders, Ariz., pleaded guilty last week in federal court in Albuquerque, N.M., to an assault charge.
Walker was arrested on July 22, 2015, on a criminal complaint charging him with assault resulting in serious bodily injury in Indian Country. Court documents indicate that on June 7, 2015, Walker was involved in a high speed car chase that resulted in a crash that seriously injured a female passenger in Walker’s vehicle. The victim had to be airlifted from the crash scene to University of New Mexico Hospital for injuries to her sternum and arm, and required surgery to place a plate over her sternum to stabilize her chest movement.
Walker was subsequently indicted on Aug. 11, 2015, and charged with assault resulting in serious bodily injury on June 7, 2015, in Indian Country in McKinley County, N.M. During a change of plea hearing on Dec. 22, 2015, Walker pled guilty to the indictment without the benefit of a plea agreement.
At sentencing, Walker faces a maximum penalty of ten years in federal prison. Walker remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Department of Public Safety, the Zuni Tribal Police Department, the McKinley County Sheriff’s Office and the New Mexico State Police. Assistant U.S. Attorney Elaine Ramirez is prosecuting the case.
Federal Indictment Charges Eight with Participating in Taos County Heroin Trafficking and Money Laundering RingRead the Press Release
ALBUQUERQUE – Last week, a federal grand jury indicted eight individuals on heroin trafficking and money laundering charges based on a DEA-led investigation into an organization that allegedly distributed heroin in Taos County, N.M., announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division.
Five of the eight defendants were arrested on Dec. 18, 2015, and made their initial appearances in federal court in Albuquerque, N.M., this morning. Four remain in custody pending arraignment and detention hearings scheduled for tomorrow. The fifth was released on conditions of release and under pretrial supervision pending trial. Of the three remaining defendants, one is in state custody on unrelated charges, another has been summoned to appear in federal court on Dec. 23, 2015, and the last has yet to be arrested and is considered a fugitive.
The eight-count indictment is the result of a 15-month investigation targeting a drug trafficking organization allegedly led by Ivan Romero, 39, of El Prado, N.M., that allegedly distributed heroin in Taos County. The indictment alleges that Ivan Romero and six co-conspirators, including three members of Romero’s family, participated in a heroin and methamphetamine trafficking conspiracy that existed from at least June 2012 and continued until Dec. 2015. It also alleges that Ivan Romero and three members of his family participated in a money laundering conspiracy to conceal and disguise the nature of their drug trafficking proceeds. The indictment includes forfeiture provisions that seek to forfeit to the United States any and all property derived, either directly or indirectly, from proceeds obtained from the criminal activity charged in the indictment.
During the course of the investigation, law enforcement officers seized more than $378,000, more than 500 grams of heroin and seven kilograms of marijuana. Additionally, during the arrest operation on Dec. 18, 2015, officers seized more than $70,000, several ounces of heroin, and three firearms and ammunition.
The investigation leading to the indictment was conducted by the Albuquerque office of the DEA, the HIDTA Region III Drug Task Force, New Mexico State Police, Taos Police Department, Taos County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Indictment in United States v. Ivan Romero, et al., 15-CR-4512
Summary of the Charges
Count 1 of the Indictment charges seven defendants with participating in a heroin and methamphetamine trafficking conspiracy in Taos County and elsewhere in the District of New Mexico from at least June 2012 through Dec. 2015. The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life.
Count 2 charges four defendants with participating in a money laundering conspiracy in Taos County from April 2015 through July 2015. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years.
Counts 3, 4 and 7 charge certain defendants with distributing heroin in Taos County on July 7, 2014, April 2015 and June 2015. The maximum statutory penalty for a conviction on each of these counts is imprisonment for 20 years.
Count 5 charges Ivan Romero with distributing heroin in Taos Count in April 2015. The maximum penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years.
Count 6 charges Ivan Romero with distributing marijuana in Taos County in April 2015. The statutory maximum penalty for a conviction on this count is imprisonment for five years.
Count 8 charges Wilma Romero with being a felon in possession of a firearm and ammunition in Taos County on June 29, 2015. On that day, Wilma Romero was prohibited from possessing firearms or ammunition because she previously had been convicted of a drug trafficking crime and unlawful possession of a firearm. The statutory maximum penalty for a conviction on this count is imprisonment for ten years.
Defendants Charged in Indictment
Ivan Romero, 39, a resident of El Prado, N.M., is charged in Counts 1, 2, 5 and 6. Ivan Romero has been arrested.
Ricco Romero, 28, of El Prado, N.M., is charged in Counts 1 and 2. Ricco Romero, the brother of Ivan Romero, has been arrested.
Wilma Romero, 65, of Arroyo Hondo, N.M., is charged in Counts 1, 2, 7 and 8. Wilma Romero, the mother of Ivan and Ricco Romero, has been arrested.
Nicholas Baca, 29, of El Prado, N.M., is charged in Counts 1 and 4. Nicholas Baca is in state custody on other charges and will be transferred to federal custody to face the charges in the indictment.
Tyler Baker, 44, of Carson, N.M., is charged in Counts 1 and 3. Tyler Baker has been arrested.
Juanita Romero, 34, of Penasco, N.M., is charged in Count 1. Juanita Romero has been yet to be arrested and is considered a fugitive.
Jason Duran, 41, of Albuquerque, N.M., is charged in Count 1. Jason Duran has been arrested.
Melissa Romero, 28, of El Prado, N.M., is charged in Count 2. Melissa Romero, is married to Ivan Romero, has been arrested. Melissa Romero was released on conditions of release under pretrial supervision.
Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
Romero Indictment
Convicted Felon from Albuquerque Pleads Guilty to Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Charles Hodge, 42, of Albuquerque, N.M., pleaded guilty today in federal court to being a felon in possession of a firearm. Hodge entered his guilty plea without the benefit of a plea agreement.
Hodge was arrested in Nov. 2015, on a criminal complaint charging him with unlawfully possessing a firearm and ammunition on Oct. 28, 2015, in Bernalillo County, N.M. According to the complaint, law enforcement officers conducted a traffic stop on Hodge’s vehicle because his vehicle had an expired registration tag. During the stop, the officers learned that Hodge did not have a valid driver’s license or insurance, and advised Hodge that they would have to impound the vehicle. In response to questions regarding whether his vehicle contained any contraband, Hodge told the officers that he had a firearm and ammunition in the vehicle. Thereafter, the officers retrieved a loaded pistol from the center console of the vehicle.
Hodge was subsequently indicted for unlawful possession of a firearm and ammunition on Dec. 2, 2015. Hodge was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including second degree murder, being a felon in possession of a firearm, receiving or transferring a stolen motor vehicle, auto burglary and possession of cocaine.
During today’s proceedings, Hodge pled guilty to the indictment. At sentencing Hodge 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 and the Albuquerque Police Department. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
The case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on prior convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Pecos Man Sentenced to 35 Months for Conviction on Federal Embezzlement and Tax ChargesRead the Press Release
ALBUQUERQUE – A real estate developer working with the Indian Pueblo Federal Development Corporation (IPFDC) was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., for his conviction on embezzlement and tax charges arising out of a scheme to embezzle approximately $3,575,000.00 from the IPFDC. The IPFDC is an Indian tribal organization formed by the 19 Pueblos of New Mexico for the purpose of developing land that once had been the site of the Albuquerque Indian School.
Thomas Keesing, 62, of Pecos, N.M., was ordered to serve 35 months in federal prison to be followed by three years of supervised release. Keesing also was ordered to pay, jointly with his co-defendant, restitution in the amount of $3,575,000 to the IPFDC. In addition, he also was ordered to pay $554,250, the federal taxes owed on the money he embezzled from the IPFDC and failed to report to the IRS, and to perform 360 hours of community service as special conditions of his supervised release. Keesing also was ordered to pay a $40,000 fine.
Keesing and co-defendant Bruce Sanchez, 61, a former Governor of Santa Ana Pueblo, were indicted in Oct. 2012, and charged with a conspiracy offense and ten substantive embezzlement offenses arising out of the scheme to steal funds belonging to the IPFDC. The 15-count indictment also charged Sanchez with three tax evasion counts alleging an aggregate federal tax loss of $655,276, and a misdemeanor count of willful failure to file a tax return. In Aug. 2013, Keesing was charged by information with three misdemeanor counts of failure to file tax returns and those tax charges were consolidated into the case. The information charged Keesing with failure to file federal tax returns for calendar years 2006, 2007 and 2008, even though he received gross income in the aggregate amount of $2,771,250 during those three years.
Between 2003 and 2009, Sanchez and Keesing conspired to embezzle approximately $3,575,000 from the IPFDC. During that time, Sanchez was the president and chief executive officer of the IPFDC. Keesing, a commercial real estate developer and the owner of New Mexico Real Estate, Inc. (NMREI), worked as a consultant for IPFDC in 2002 and 2003. Together, Sanchez and Keesing engaged in a scheme to unlawfully profit from the development of the Albuquerque Indian School property by having Keesing submit false and fraudulently inflated invoices for payment from NMREI to the IPFDC. Sanchez approved the invoices even though the payments were vastly in excess of the value of any services provided by Keesing and NMREI. Keesing then shared the proceeds of the fraudulently obtained IPFDC payments with Sanchez. Between 2003 and 2008 and as a result of this illegal scheme, Keesing and NMREI received $3,775,000 in payments from the IPFDC, including $3,575,000 that was fraudulently obtained. During that same period, Sanchez and Tsachu, LLC, his solely-owned consulting company, received approximately $1,722,823 from Keesing and NMREI.
Keesing entered a guilty plea on Jan. 28, 2015, to aiding and abetting embezzlement from an Indian tribal organization and to a misdemeanor charge of willful failure to file an income tax return in a plea agreement that detailed his role in the embezzlement scheme that defrauded the IPFDC of $3,575,000. According to the plea agreement, Keesing shared the illegally obtained proceeds with Sanchez with Sanchez taking $1,652,823 and Keesing retaining the balance. Keesing acknowledged that Sanchez provided nothing of value in return for this money and used Keesing as a conduit to receive IPFDC funds to which he was not entitled. Keesing participated in the scheme to obtain additional compensation for work he previously performed on behalf of the IPFDC and for which he felt he was not adequately compensated. Although the proceeds Keesing obtained from the IPFDC were taxable income, he failed to file federal tax returns reporting the income.
On Jan. 28, 2015, Sanchez entered a guilty plea to embezzlement from an Indian tribal organization and tax evasion. Sanchez’s plea agreement detailed the embezzlement scheme through which Sanchez and Keesing defrauded the IPFDC of $3,575,000. It states that Sanchez brought Keesing onto the IPFDC development team in 2002 and Keesing performed services for the IPFDC in 2002 and 2003. Thereafter, Sanchez and Keesing entered into a brokerage and development agreement that was never presented to the IPFDC board for approval, and used the agreement as the vehicle to perpetuate their embezzlement scheme. Between Jan. 2005 and Nov. 2008, Keesing and NMREI submitted more than 100 invoices for professional services purportedly provided in connection with the development of the Albuquerque Indian School site. Sanchez arranged for the IPFDC to pay the invoices, and in return, Sanchez and Tsachu, LLC, received more than 100 checks in the aggregate amount of $1,652,823 from Keesing and NMREI. Although this illegally obtained money was taxable income, Sanchez did not report the income to the IRS.
Sanchez was sentenced on Sept. 16, 2015, to 51 months in prison to be followed by three years of supervised release. He also was ordered to pay, jointly with his co-defendant, restitution in the amount of $3,575,000 to the IPFDC. The court also ordered Sanchez to pay the IRS $655,276.00 the federal taxes owed on the money he embezzled from the IPFDC and failed to report to the IRS, as a special condition of his supervised release.
The case was investigated by IRS Criminal Investigation and the Department of the Interior’s OIG, and was prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.
Federal Jury Finds Pojoaque Pueblo Man Guilty on Assault and Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a verdict last night finding Gerald James Viarrial guilty on assault and firearms charges after a three-day trial. The guilty verdict was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge William McClure of District IV of the BIA’s Office of Justice Services.
Viarrial, 53, a member of Pojoaque Pueblo who resides in Santa Fe, N.M., was charged with assault, firearms and child abuse offenses in a seven-count indictment filed on Jan. 21, 2015. The indictment charged Viarrial with assaulting a female and two minors with a firearm; assaulting one of the minors by strangulation, causing him to suffer serious bodily injury; committing child abuse; and brandishing a firearm during a crime of violence. The indictment alleged that Viarrial committed six of the seven crimes in Indian Country in Santa Fe County on a date between July 15, 2010 and Aug. 15, 2010, and that the assault resulting in serious bodily injury occurred on March 24, 2014. The female victim is Viarrial’s former intimate partner and the mother of his children (mother).
Law enforcement authorities first learned about Viarrial’s criminal conduct on March 24, 2014, when they received a verbal report of child abuse from a social service provider. The report indicated that a teenager, one of the minor male victims, had requested help to keep his mother, his siblings and himself safe from abuse from Viarrial. Upon receipt of that report, the BIA and Pojoaque Pueblo Tribal Police Department initiated an investigation which resulted in the filing of tribal charges against Viarrial on March 31, 2014, and subsequently, the filing of federal charges against Viarrial. The related tribal court charges against Viarrial were dismissed in favor of federal prosecution.
Trial of the case began on Dec. 14, 2015, and concluded last night around 9:00 p.m., when the jury returned a verdict finding Viarrial guilty on all four assault charges and the firearms charge. The United States dismissed one of the child abuse charges before the case was submitted to the jury, and the jury acquitted Viarrial on the second child abuse charge.
During the trial, the mother testified that in Aug. 2010, Viarrial forced her and her seven children to accompany him to a shooting range located in Pojoaque Pueblo. Upon their return to their home, Viarrial became enraged when he could not locate keys for one of his vehicles. He angrily blamed the children for losing the keys, and forced the mother and the children back to the shooting range to search for the keys. When they were unable to find the keys, Viarrial ordered the mother and children to line up and paced in front of them, firearm in hand, as he yelled at them. The mother testified that Viarrial raised the handgun and pointed it at the two oldest children, who were then 11 and 13 years old, and threatened to kill them for being “worthless.” The mother observed this while holding her six-month old infant and thinking that Viarrial was going to kill all of them. At that point, Viarrial became distracted by a telephone call and eventually permitted the mother and children to return home.
The mother and two minor male victims, who also testified about the Aug. 2010 ordeal, testified that they were too scared of Viarrial to report the assault. The eldest of the two minor male victims testified that on March 23, 2014, he reported Viarrial’s continuing abusive behavior to the director of the Pojoaque Pueblo Social Services. The teenager told the director that he was worried about what Viarrial might do if he contacted law enforcement authorities. The day after the teenager reported Viarrial’s abusive behavior, Viarrial assaulted him by strangling him. Several witnesses witnessed the assault during which Viarrial told the teenager, “if you ever tell the police what I do, I will kill you.”
Viarrial testified in his own defense, and denied assaulting the mother and children in Aug. 2010. He also denied assaulting the teenager in March 2014.
“The Justice Department has made the safety of Native American women a top priority because violence against them and their children has a devastating impact throughout tribal communities,” said U.S. Attorney Damon P. Martinez. “We are committed to working with tribal communities to decrease the number of Native American women who fall victim to violence; to strengthen the capacity of tribal governments to respond to violent crimes; and to ensure that abusers are held accountable.”
“BIA’s Office of Justice Services is committed to providing the necessary resources to enhance the federal response to addressing violence against Native women and to assist tribes in their efforts to ensure safety for Native women and their children,” said BIA Special Agent in Charge William McClure. “I commend the BIA agents and the officers of the Pojoaque Pueblo Tribal Police Department for the exemplary way in which they responded to the report of abuse that ultimately led to last night’s guilty verdict against Viarrial.”
At sentencing, Viarrial faces a statutory maximum penalty of ten years in prison on each of the four assault charges, and a mandatory minimum penalty of seven years on the firearms charge. The sentence imposed on the firearms charge must be served consecutive to any sentence imposed on the assault charges. Viarrial remains in federal custody pending sentencing which has yet to be scheduled.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Pojoaque Pueblo Tribal Police Department.
The case is being prosecuted by Assistant U.S. Attorneys Kyle T. Nayback and Novaline D. Wilson 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 Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Marquis Pounds, 28, of Albuquerque, N.M., pleaded guilty today in federal court to being a felon in possession of firearms and ammunition. Under the terms of the plea agreement, Pounds will be sentenced within the range of seven to eight years in federal prison.
Pounds was arrested in June 2015, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on June 5, 2015, in Bernalillo County, N.M. According to the criminal complaint, law enforcement officers executed search warrants on Pounds’ residence in northeast Albuquerque and seized a revolver and ammunition. Subsequent investigation revealed that revolver and ammunition had been reported stolen from a pawn shop in Los Lunas, N.M. Pounds was subsequently indicted on July 14, 2015, on the same charge.
According to court documents, Pounds was prohibited from possessing firearms or ammunition because he previously had been convicted of receiving or transferring a stolen vehicle, tampering with evidence, possession of narcotics with intent to distribute, conspiracy to possess narcotics with intent to distribute, and embezzlement.
During today’s hearing, Pounds pled guilty to the indictment and admitted that on June 5, 2015, he possessed a firearm despite the fact that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Pounds remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Los Lunas Police Department with assistance from the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorney Presiliano A. Torrez is prosecuting the case as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
Las Cruces Man Pleads Guilty to Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – George Ventura, 46, of Las Cruces, N.M., pleaded guilty yesterday afternoon in federal court in to cocaine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
Ventura and his co-defendant Luis Cipriano, 42, also of Las Cruces, were charged in a four-count indictment on May 20, 2015, with a conspiracy charge and three cocaine distribution charges. According to the indictment, Ventura and Cipriano conspired to distribute cocaine from Aug. 5, 2014 through Nov. 13, 2014 in Doña Ana County, N.M. The indictment also charged Cipriano with distributing cocaine on Aug. 5, 2014 and on Oct. 10-11, 2014, and Ventura and Cipriano with distributing cocaine on Sept. 8, 2014.
During his change of plea hearing, Ventura pled guilty to participating in a cocaine distribution conspiracy and to distributing cocaine on Sept. 8, 2014. In entering his guilty plea, Ventura admitted that the cocaine he distributed on Sept. 8, 2014, was subsequently distributed to a person who unbeknownst to him was an undercover agent.
At sentencing, Ventura faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. Under the terms of his plea agreement, Ventura will forfeit $7,600.00, which represents the profits he derived from the drug trafficking offenses charged in the indictment. Ventura remains in custody pending a sentencing hearing which has yet to be scheduled.
Cipriano has entered a not guilty plea to the indictment, and is in custody pending trial which is currently scheduled for Jan. 2016. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Man Pleads Guilty to Federal Cocaine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Gilbert G. Caldwell, 24, of Las Cruces, N.M., pleaded guilty yesterday afternoon in federal court to a cocaine trafficking charge. Under the terms of his plea agreement, Caldwell will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.
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.
During yesterday’s proceedings, Caldwell pled guilty to the indictment. Caldwell admitted meeting with 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 exchanged for a white powdery substance that he believed was cocaine but was in fact fake cocaine. Caldwell made the purchase with the intention of selling cocaine to others.
Caldwell remains in federal custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
El Paso, Texas, Man Sentenced to Prison for Violating Federal Narcotics Trafficking Laws in New MexicoRead the Press Release
ALBUQUERQUE – Roberto Marquez, 38, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 168 months in prison followed by five years of supervised release for violating federal narcotics trafficking laws.
Marquez was arrested in July 2012, on two indictments charging him with separate drug trafficking offenses. One indictment charged Marquez with trafficking in methamphetamine and the other charged him with trafficking in marijuana.
On Jan. 30, 2013, Marquez pled guilty to both indictments. In pleading guilty to trafficking in methamphetamine, Marquez admitted that between May 6, 2012 and June 1, 2012, he accepted delivery of 3.99 kilograms of methamphetamine which were seized by law enforcement authorities in Las Cruces.
With respect to the indictment charging him with trafficking in marijuana, Marquez admitted that he participated in transporting a series of loads of marijuana from Texas to other locations throughout the United States. In his plea agreement, Marquez specifically identified his role in the following marijuana trafficking offenses:
-
Between Oct. 14, 2011 and Oct. 16, 2011, Marquez arranged for 369.45 kilograms of marijuana to be transported from Horizon City, Texas to Oklahoma City, Okla.
-
In Sept. 2011, Marquez arranged for 324.32 kilograms of marijuana to be delivered to Cedar Rapids, Iowa.
-
On Feb. 7, 2012, Marquez conspired to take possession of 317.51 and 453.59 kilograms of marijuana that was to be delivered to Horizon City and loaded onto a semi-truck to be transported elsewhere, but the delivery of the marijuana never took place.
-
Between March 4, 2012 and March 10, 2012, Marquez negotiated a drug deal involving 317.51 to 453.59 kilograms of marijuana that were to be delivered to Horizon City and thereafter transported to Oklahoma City.The drug deal was not consummated.
In aggregate, Marquez admitted possessing 693.77 kilograms of marijuana with intent to distribute. He further acknowledged that he conspired to possess between 1124.68 and 1600.95 kilograms of marijuana with intent to distribute.
These cases were investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Assistant U.S. Attorney Alfred Perez of the U.S. Attorney’s Las Cruces Branch Office prosecuted both cases.
-
California Man Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Edwin Rodriguez, 34, of Bell Gardens, Calif., pleaded guilty today to a heroin trafficking charge in federal court in Albuquerque, N.M., under a plea agreement with the U.S. Attorney’s Office.
Rodriguez was arrested on a criminal complaint charging him with a heroin trafficking offense after the DEA seized 2.3 kilograms of heroin from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque on Feb. 4, 2015. The heroin was concealed in a false compartment in Rodriguez’s baggage. Rodriguez was indicted on Feb. 25, 2015, and charged with possession of heroin with intent to distribute.
During today’s proceedings, Rodriguez pled guilty to possession of heroin with intent to distribute and admitted that on Feb. 4, 2015, he possessed 2.3 kilograms of heroin, which he wrapped in bundles and concealed in his suitcase while traveling through Albuquerque on the Greyhound Bus.
At sentencing, Rodriguez faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Shaheen P. Torgoley is prosecuting the case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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.
Armed Career Criminal from Albuquerque Sentenced to Fifteen Years for Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Michael Scott Ponce, 38, of Albuquerque, N.M., was sentenced today in federal court to 15 years in federal prison for being an armed career criminal. Ponce will be on supervised release for three years following his term of incarceration.
The sentence 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), Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Manuel Gonzales, III.
U.S. Attorney Damon P. Martinez said that Ponce was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders based primarily on their prior felony convictions for federal prosecution. At the time of his arrest in this case, Ponce had been convicted of two counts of aggravated assaults with a deadly weapon, aggravated battery with a deadly weapon causing great bodily harm, and trafficking a controlled substance in the Second Judicial Court for the State of New Mexico in Bernalillo County. Ponce also had a prior federal conviction on a cocaine trafficking charge. When arrested in this case, Ponce was also on supervised release after having served a sentence of incarceration on the federal conviction.
Ponce was arrested on July 13, 2015, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on June 27, 2015, in Bernalillo County, N.M. According to the criminal complaint, on June 27, 2015, APD officers responding to reports of a shooting in downtown Albuquerque observed a vehicle driven by Ponce as it struck another vehicle as Ponce attempted to flee from the area. APD officers pursued Ponce into a residential neighborhood where they took him into custody. As they were arresting Ponce, the officers observed a firearm cartridge in Ponce’s vehicle. Before they arrested Ponce, the APD officers also observed Ponce throw an item from his vehicle, and later found a semiautomatic pistol in the area where they had observed Ponce throw the object.
Ponce was subsequently indicted on July 30, 2015, and charged with being a felon in possession of a firearm and ammunition.
On Sept. 16, 2015, Ponce pled guilty to the indictment and admitted that on June 27, 2015, he possessed a semi-automatic pistol even though he was prohibited from possessing firearms and ammunition due to his prior felony convictions.
The statutory maximum sentence for being a felon in possession of a firearm is ten years in prison. The sentence is enhanced to a mandatory minimum of 15 years in prison for defendants like Ponce who are deemed to be armed career criminals.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the Bernalillo County Sheriff’s Office and the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorney Paul Mysliwiec prosecuted the case as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
Mexican National Arrested in New Mexico on Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Francisco Javier Paez-Sianez, 33, a Mexican national, made his initial appearance yesterday in federal court in Las Cruces, N.M., on a criminal complaint charging him with methamphetamine trafficking offenses. Paez-Sianez remains in federal custody pending a preliminary hearing and a detention hearing which have yet to be scheduled.
Paez-Sianez was arrested on Dec. 12, 2015, after U.S. Border Patrol agents at the Border Patrol Checkpoint on I-10 in Las Cruces, allegedly found approximately 7.3 kilograms of methamphetamine concealed in the gas tank of Paez-Sianez’s vehicle during a routine inspection. According to the criminal complaint, Paez-Sianez allegedly was paid $1,000.00 to transport the methamphetamine from Mexico to Santa Fe, N.M.
If convicted of the charges in the criminal complaint, Paez-Sianez faces a statutory penalty of a mandatory minimum of ten years and a maximum of life in federal prison and will be deported following his incarceration. 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 Las Cruces Station of the U.S. Border Patrol and the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office.
Federal Jury Finds Career Offender from Albuquerque Guilty of Crack Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict late yesterday afternoon finding Gabriel Mirabal guilty on narcotics trafficking and firearms charges after a six-day trial. The guilty verdict was announced by U.S. Attorney Damon P. Martinez, 1st Judicial District Attorney Angela R. “Spence” Pacheco, Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division, and New Mexico State Police Lt. Scott McFaul who serves as the Commander of the HITDA Region III Drug Task Force.
U.S. Attorney Damon P. Martinez said that Mirabal, a 34-year-old Albuquerque resident, was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” violent and repeat offenders for federal prosecution. “Since turning 18, Mirabal has engaged in criminal conduct resulting in state felony convictions in Bernalillo, McKinley and Santa Fe Counties for aggravated assault with a deadly weapon, cocaine and methamphetamine trafficking, aggravated battery with a deadly weapon, and assault on an officer. This conviction – Mirabal’s one and only federal conviction – will make our communities safer by taking Mirabal off our streets for 30 years.”
“This conviction is a significant step towards making our communities safer by rooting out drug dealers and other criminal elements. We are pleased to have worked with the U.S. Attorney's Office, the DEA and the HIDTA Region III Drug Task Force to bring this career offender to justice,” said 1st Judicial District Attorney Angela R. Pacheco.
This is a prime example of how the ‘worst of the worst’ initiative is making a difference in New Mexico. For over 15 years, Mr. Mirabal had no regard for the law or the safety of this community, endangering the lives of New Mexicans,” said DEA Special Agent in Charge Will Glaspy. “Now he’s looking at a good 30 years of sitting in a prison cell to think about his actions.”
Lt. Scott McFaul, Commander of the HIDTA Region III Drug Task Force, added, “This is another great example of what can happen when agencies share information, combine resources, and work together.”
Mirabal was one of five men indicted in April 2013, on narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA investigation into an organization led by Mirabal that manufactured and distributed cocaine base, more commonly known as “crack,” in Bernalillo and Santa Fe Counties, N.M. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice initiative that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. During the course of the investigation, which utilized electronic surveillance (wiretaps), law enforcement officers seized more than 100 grams of crack, over a kilogram of cocaine, a loaded firearm and assorted ammunition, and body armor.
The investigation resulted in the filing of a five-count indictment in April 2015, that charged Mirabal and four co-defendants, Santa Fe residents Robert Romero, 27, and Michael Jaramillo, 25, and Albuquerque residents Sam Elyicio, Jr., 39, and Dominic Anaya, 34, with conspiracy to distribute crack in Bernalillo and Santa Fe Counties between May 2012 and April 2013, and substantive crack trafficking offenses. After his four co-defendants entered guilty pleas, Mirabal was charged in a six-count superseding indictment with participating in a crack distribution conspiracy, two counts of possession of cocaine with intent to distribute, using a firearm in furtherance of a drug trafficking crime, being a felon in possession of a firearm and ammunition, and being a felon in possession of body armor.
Mirabal’s trial on the six-count superseding indictment began on Dec. 7, 2015, and concluded late yesterday when the jury returned a verdict finding Mirabal guilty on four of the six counts. The jury convicted Mirabal on the conspiracy charge, one count of possession of cocaine with intent to distribute, and being a felon in possession of a firearm, ammunition and body armor. It acquitted him on one count of possession of cocaine with intent to distribute and using a firearm in furtherance of a drug trafficking crime.
Mirabal remains in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Mirabal faces an enhanced penalty of not less than 20 years to life imprisonment on the narcotics trafficking charges based on his prior drug trafficking conviction. Because of his status as a career offender, Mirabal also faces an enhanced sentence of 30 years to life imprisonment.
The charges against Mirabal’s co-defendants have been resolved as follows:
-
Jaramillo pled guilty on March 21, 2014, to a conspiracy charge, and was sentenced on July 30, 2014, to 78 months in prison followed by four years of supervised release.
-
Romero pled guilty on May 13, 2014, to crack trafficking and firearms charges, and was sentenced on Aug. 13, 2014, to 120 months in prison followed by four years of supervised release.
-
Elyicio pled guilty on June 23, 2014, to a conspiracy charge, and was sentenced on Sept. 22, 2014, to 125 months in prison followed by four years of supervised release.
-
Anaya pled guilty on Aug. 5, 2014, to a conspiracy charge, and remains in custody pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, with assistance from the 1st Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Nicholas J. Ganjei and Joel R. Meyers.
The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department, the Santa Fe County Sheriff’s Office and the Rio Arriba County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program. HIDTA is a program of the White House Office of National Drug Control Policy that provides assistance to federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States.
Mirabal was prosecuted under the federal “worst of the worst” anti-violence. 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.
-
Crownpoint Man Pleads Guilty to Federal Statutory Rape ChargeRead the Press Release
ALBUQUERQUE – Emanuel Yazzie, 23, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a sexual abuse of a minor charge. Under the terms of his plea agreement, Yazzie will be sentenced to 36 months in federal prison followed by a term of supervised release to be determined by the court. 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 from March 28, 2014 through April 20, 2014, in Indian Country in San Juan County, N.M.
During today’s hearing, Yazzie entered a guilty plea to the indictment. Yazzie is in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being 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/.
Thirty-Four Facing Federal and Tribal Charges Arising Out of Methamphetamine Trafficking on Mescalero Apache ReservationRead the Press Release
ALBUQUERQUE – Thirty-four individuals are facing federal and tribal drug charges as the result of an 18-month multi-agency investigation spearheaded by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and thirteen non-Natives are charged in six indictments and a criminal complaint filed in the U.S. District Court for the District of New Mexico in Nov. and Dec. 2015. Sixteen other members of the Mescalero Apache Tribe are 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 allegedly led by Lorenzo Saenz, a member of the Mescalero Apache Tribe, which distributed methamphetamine within the Reservation. It 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.
“Methamphetamine has a disproportionate devastating impact on tribal communities, accounting for up to 40% of violent crime on reservations,” said District of New Mexico U.S. Attorney Damon P. Martinez. “This investigation is an example of the Justice Department’s commitment to working with Tribal Governments to improve the safety of Native communities and increase awareness of the dangers of methamphetamine use.”
“I want to thank the BIA’s Division of Drug Enforcement and Office of Justice Services, the DEA and the U.S. Attorney’s Office for the many, many hours they put forth during this investigation,” said President Danny Breuninger of the Mescalero Apache Tribe. “Before and since taking Office as the President of the Mescalero Apache Tribe, I heard complaints from our Tribal Members and saw the pain and suffering caused by illegal drug use and sales on our Reservation. Many of our young people are being poisoned by methamphetamine and lives are being shattered by senseless drug-related injuries and deaths. As the leader of my Tribe, it is my job to do all I can to preserve the safety and welfare of our people and to preserve our culture, traditions and customs. The great majority of our Tribal Members are great people who work hard every day to support their families and raise their children with the values and traditions that have been passed down generation after generation. But continuing to do this is very hard when our Tribal Members’ lives are being torn apart by illegal drug use. I call on the Federal Government, including the President, the Attorney General and Congress, to continue supporting and working with BIA and tribal police departments in these types of collaborative efforts throughout Indian Country. Thank you again for all of the support and dedication in serving the Mescalero Apache Tribe.”
Saenz and four other members of the Mescalero Apache Tribe are charged in four federal indictments with distributing methamphetamine within the Mescalero Apache Reservation. Saenz and a co-defendant are alleged to have participated in a methamphetamine trafficking conspiracy during which they sold methamphetamine to undercover agents on multiple occasions. Saenz was one of two federal defendants arrested on Dec. 11, 2015, when 13 of the 16 tribal defendants were also arrested. A third federal Mescalero Apache defendant is in state custody on unrelated charges and the remaining two have yet to be arrested.
Thirteen non-Natives, alleged members of two drug trafficking organizations that supplied the methamphetamine distributed within the Mescalero Apache Reservation, are charged in two other federal indictments and a federal criminal complaint. Eight of the non-Natives are charged with methamphetamine trafficking and money laundering offenses in a 24-count indictment; three are charged with methamphetamine trafficking offenses in a five-count indictment; and two are charged with methamphetamine trafficking offenses in a criminal complaint. Eight of the non-Natives have been arrested, two are in state custody on unrelated charges, and three have yet to be arrested.
“The DEA and Bureau of Indian Affairs dismantled three drug trafficking organizations distributing methamphetamine on the Mescalero Apache Reservation and across southeastern New Mexico,” said Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division. “This is our warning to others who think they can hide their crimes on Tribal Lands: we are coming for you.”
“The BIA would like to thank the DEA and the U.S. Attorney’s Office for an outstanding collaborative effort that shows the resolve of our law enforcement partners to address the issue of illicit drug use in Indian Country and their dedication to provide safe communities for Indian people,” said Special Agent in Charge William McClure of District IV of BIA’s Office of Justice Services. “The many hours and resources that went in to this operation have increased the safety of tribal community members and reduced their fear of the danger posed by these individuals charged and their associates.”
“Methamphetamine continues to have a devastating effect on Native American families and communities throughout Indian Country,” said Gary Cunningham, Regional Agent in Charge of BIA’s Division of Drug Enforcement. “The results of this multi-agency investigation are a great example of what can be accomplished when the Bureau of Indian Affairs and other federal, state and local law enforcement agencies combine efforts and resources to remove these drug trafficking organizations from our communities. Indian Country is grateful for these partnerships and BIA will continue to work with our law enforcement partners to aggressively remove these negative elements from our communities.”
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.
The following additional agencies assisted the investigating agencies with law enforcement operations on Nov. 20, 2015 and Dec. 11, 2015: U.S. Marshals Service, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Border Patrol, New Mexico State Police, HIDTA Interagency Metro Narcotics, New Mexico National Guard, Chaves County Metro Narcotics Task Force, Pecos Valley Drug Task Force, Alamogordo Police Department, Ruidoso Police Department, Socorro Police Department Sunland Park Police Department and Tularosa Police Department.
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.
Defendants Charged in Federal Indictments
The indictment filed in United States v. Saenz, 15-CR-4105 RB, charges Alvino L. Saenz, 49, a member of the Mescalero Apache Tribe, with distribution of methamphetamine. Saenz was arrested on Dec. 11, 2015.
The indictment filed in United States v. Lester, 15-CR-4106 RB, charges Glen Joel Lester, 38, a member of the Mescalero Apache Tribe, with distribution of methamphetamine. Lester has yet to be arrested and is considered a fugitive.
The indictment filed in United States v. Saenz, et al., 15-CR-4110 RB, charges Lorenzo Y. Saenz, 51, and Rona Antone Morin, 44, both members of the Mescalero Apache Tribe, with conspiracy and distribution of methamphetamine. Saenz was arrested on Dec. 11, 2015. Morin has yet to be arrested and is considered a fugitive.
The indictment filed in United States v. Tafoya, et al., 15-CR-4112 RB, charges the following eight non-Natives with methamphetamine trafficking and money laundering offenses:
-
Carlos Tafoya, Jr., 34, of Socorro, N.M., was arrested on Nov. 13, 2015.
-
Robin Lee Lovelace, 55, of Alamogordo, N.M., was arrested on Nov. 13, 2015.
-
Jerilyn Lee Muñoz, 27, of Artesia, N.M., was arrested on Nov. 20, 2015.
-
Patricia Kay Portillo, 54, of Carrizozo, N.M., is in state custody on unrelated charges and will be transferred to federal custody to face the charges in the indictment.
-
Robert Alan Rutledge, 33, of Alamogordo, N.M., was arrested on Dec. 2, 2015.
-
Justin Aaron Hudkins, 33, of Alamogordo, N.M., was arrested on Nov. 20, 2015.
-
Audrey J. Gomez, 30, of Hobbs, N.M., was arrested on Nov. 20, 2015.
-
Tandie Sheree Bettag, 37, of Alamogordo, N.M., was arrested on Dec. 8, 2015, after she was transferred from state custody to federal custody.
The indictment filed in United States v. Herrera, et al., 15-CR-4407 RB, charges the following three non-Natives with methamphetamine trafficking offenses:
-
Octavio Herrera, 53, of Ruidoso Downs, N.M., has yet to be arrested and is considered a fugitive.
-
Rumaldo Varela Enriquez, 45, of Lovington, N.M., has yet to be arrested and is considered a fugitive.
-
Johnny Flowers, 50, of Hobbs, N.M., has yet to be arrested and is considered a fugitive.
The criminal complaint filed in U.S. v. Boutte, et al., 15-MJ-4009, charges the following two non-Natives with methamphetamine trafficking offenses:
-
Cedric James Boutte, 32, of Clovis, N.M., is in state custody on unrelated charges and will be transferred to federal custody to face the federal charges against him.
-
Tanya Schree Cain, 33, of Clovis, N.M., was arrested on Nov. 20, 2015.
Members of the public with information on the whereabouts of the five federal fugitives (Rumaldo Varela Enriquez, Johnny Flowers, Octavio Herrera, Glen Joel Lester and Rona Antone Morin) are asked to contact the DEA in Las Cruces at (575) 526-0700. Tips also can be “texted” to Tip411.
Defendants Charged in Tribal Criminal Complaints
The following members of the Mescalero Apache Tribe are charged in Mescalero Apache Tribal Court with conspiracy and possession of methamphetamine:
-
Geraldine Jacqueline Baca, 45 (not arrested)
-
Wynette R. Baca, 48
-
Niles Caje
-
Lydia Yolanda Cervantes, 57
-
Teresa Cooper
-
Raenette Rose Evans, 34
-
Louise Glossop, 28
-
Rosemary Harrington, 32
-
Timothy R. Johnson, 26
-
Cullen Kaydahzinne, 27
-
Theresa Rae Lester, 25 (not arrested)
-
Bryan P. Martinez, 32 (not arrested)
-
Ventura Peralta, 35
-
Sheri R. Platero, 36
-
Jeanette Robinson
-
Rebekah J. Victor, 32
Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
-
34 Individuals Facing Federal and Tribal Charges Relating to Methamphetamine Trafficking on the Mescalero Apache ReservationRead the Press Release
Thirty-four individuals are facing federal and tribal drug charges as the result of an 18-month multi-agency investigation spearheaded by the Drug Enforcement Administration (DEA) and Bureau of Indian Affairs (BIA) into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives are charged in six indictments and a criminal complaint filed in the U.S. District Court for the District of New Mexico in November and December 2015. Sixteen other members of the Mescalero Apache Tribe are 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 allegedly led by Lorenzo Saenz, a member of the Mescalero Apache Tribe, which distributed methamphetamine within the Reservation. It later expanded to include two other drug trafficking organizations in southern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the reservation.
In August 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.
“Methamphetamine has a disproportionate devastating impact on tribal communities, accounting for up to 40 percent of violent crime on reservations,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “This investigation is an example of the Justice Department’s commitment to working with Tribal Governments to improve the safety of Native communities and increase awareness of the dangers of methamphetamine use.”
“I want to thank the BIA’s Division of Drug Enforcement and Office of Justice Services, the DEA and the U.S. Attorney’s Office for the many, many hours they put forth during this investigation,” said President Danny Breuninger of the Mescalero Apache Tribe. “Before and since taking Office as the President of the Mescalero Apache Tribe, I heard complaints from our Tribal Members and saw the pain and suffering caused by illegal drug use and sales on our Reservation. Many of our young people are being poisoned by methamphetamine and lives are being shattered by senseless drug-related injuries and deaths. As the leader of my Tribe, it is my job to do all I can to preserve the safety and welfare of our people and to preserve our culture, traditions and customs. The great majority of our Tribal Members are great people who work hard every day to support their families and raise their children with the values and traditions that have been passed down generation after generation. But continuing to do this is very hard when our Tribal Members’ lives are being torn apart by illegal drug use. I call on the federal government, including the President, the Attorney General and Congress, to continue supporting and working with BIA and tribal police departments in these types of collaborative efforts throughout Indian Country. Thank you again for all of the support and dedication in serving the Mescalero Apache Tribe.”
Saenz and four other members of the Mescalero Apache Tribe are charged in four federal indictments with distributing methamphetamine within the Mescalero Apache Reservation. Saenz and a co-defendant are alleged to have participated in a methamphetamine trafficking conspiracy during which they sold methamphetamine to undercover agents on multiple occasions. Saenz was one of two federal defendants arrested on Dec. 11, when 13 of the 16 tribal defendants were also arrested. A third federal Mescalero Apache defendant is in state custody on unrelated charges and the remaining two have yet to be arrested.
Thirteen non-Natives, alleged members of two drug trafficking organizations that supplied the methamphetamine distributed within the Mescalero Apache Reservation, are charged in two other federal indictments and a federal criminal complaint. Eight of the non-Natives are charged with methamphetamine trafficking and money laundering offenses in a 24-count indictment; three are charged with methamphetamine trafficking offenses in a five-count indictment; and two are charged with methamphetamine trafficking offenses in a criminal complaint. Eight of the non-Natives have been arrested, two are in state custody on unrelated charges and three have yet to be arrested.
“The DEA and Bureau of Indian Affairs dismantled three drug trafficking organizations distributing methamphetamine on the Mescalero Apache Reservation and across southeastern New Mexico,” said Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division. “This is our warning to others who think they can hide their crimes on Tribal Lands: we are coming for you.”
“The BIA would like to thank the DEA and the U.S. Attorney’s Office for an outstanding collaborative effort that shows the resolve of our law enforcement partners to address the issue of illicit drug use in Indian Country and their dedication to provide safe communities for Indian people,” said Special Agent in Charge William McClure of District IV of BIA’s Office of Justice Services. “The many hours and resources that went in to this operation have increased the safety of tribal community members and reduced their fear of the danger posed by these individuals charged and their associates.”
“Methamphetamine continues to have a devastating effect on Native American families and communities throughout Indian Country,” said Regional Agent in Charge Gary Cunningham of BIA’s Division of Drug Enforcement. “The results of this multi-agency investigation are a great example of what can be accomplished when the Bureau of Indian Affairs and other federal, state and local law enforcement agencies combine efforts and resources to remove these drug trafficking organizations from our communities. Indian Country is grateful for these partnerships and BIA will continue to work with our law enforcement partners to aggressively remove these negative elements from our communities.”
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.
The following additional agencies assisted the investigating agencies with law enforcement operations on Nov. 20 and Dec. 11: U.S. Marshals Service, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Border Patrol, New Mexico State Police, HIDTA Interagency Metro Narcotics, New Mexico National Guard, Chaves County Metro Narcotics Task Force, Pecos Valley Drug Task Force, Alamogordo Police Department, Ruidoso Police Department, Socorro Police Department Sunland Park Police Department and Tularosa Police Department.
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.
Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
***media Advisory***Read the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, President Danny Breuninger of the Mescalero Apache Nation, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division and Assistant Special Agent in Charge John R. Burge of District IV of the BIA’s Office of Justice Services will hold a press conference to discuss charges recently filed pursuant to two federal initiatives on MONDAY, DECEMBER 14, 2015 AT 11:30 A.M. at the Las Cruces office of the DEA. No further information will be released until the press conference.
WHO: U.S. Attorney Damon P. Martinez for the District of New Mexico
President Danny Breuninger of the Mescalero Apache Nation
Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division
Assistant Special Agent in Charge John R. Burge of District IV, BIA Office of Justice Services
Gary Cunningham, Regional Agent in Charge, BIA’s Division of Drug Enforcement
WHAT: Announcement of Results of Significant Investigation in Mescalero Apache Nation and Southern New Mexico
WHEN: MONDAY, DECEMBER 14, 2015, 11:30 A.M.
WHERE: DEA Office
2290 E. Griggs Avenue
Las Cruces, NM 88001
OPEN PRESS
NOTE: All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials. Media may begin to arrive at 11:15 am. Inquiries regarding logistics should be directed to Laila Rico at 915-832-6074 or 915-892-4733 or [email protected].
Thomas Martinez Pleads Guilty to Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – 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) announced today that Thomas Martinez, 26, of Albuquerque, N.M., pleaded guilty this morning to federal carjacking and firearms charges. Under the terms of his plea agreement, Martinez will be sentenced within the range of 20 to 35 years in prison followed by a term of supervised release to be determined by the court.
The U.S. Attorney said that Martinez was being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. “As a general matter, this initiative targets violent and repeat offenders based on their prior criminal convictions. Periodically, we prosecute individuals who do not have any prior convictions because they are alleged to have engaged in extraordinary violent conduct that seriously jeopardized the community’s safety,” said U.S. Attorney Martinez. “Federal prosecution of Martinez under the initiative is based on his one-day violent crime spree on July 22, 2015.”
Martinez was charged with carjacking and firearms offenses in a criminal complaint filed on July 23, 2015. He subsequently was indicted on Aug. 11, 2015, and charged with two counts of carjacking and two counts of brandishing and discharging a firearm during a crime of violence. According to the indictment, Martinez committed all four crimes on July 22, 2015, in Bernalillo County, N.M., as he attempted to evade APD officers who were seeking to arrest him on a warrant arising out of an unrelated state court case.
Court filings reflect that Martinez committed the first carjacking as he attempted to flee from officers who were conducting surveillance in the vicinity of a hotel in northeast Albuquerque. Martinez ran to a sedan occupied by a driver and three children as the driver was entering a ramp onto Interstate 40. Martinez brandished a firearm at the driver, pushed the driver into the sedan’s passenger seat, and used the sedan to continue his flight from the officers. The children were able to get out of the vehicle before Martinez drove away with the driver. An APD officer who was attempting to prevent the carjacking was dragged by the Chevrolet as Martinez drove away. As Martinez continued his flight, the driver of the sedan attempted to get Martinez to stop the vehicle, and Martinez responded by discharging the firearm in an attempt to shoot the driver. When Martinez slowed down, the driver was able to jump out of the sedan.
Martinez continued his flight in the sedan and abandoned the vehicle in a neighborhood in southeast Albuquerque. There Martinez forced his way into another vehicle which was occupied by an older man seated in the front passenger seat. As Martinez began to drive away, another man confronted Martinez, got into the vehicle, and began fighting with Martinez. During the fight, Martinez attempted to discharge his gun at the man. Shortly thereafter, the man was able to disarm Martinez, and Martinez was arrested by APD officers on state charges.
Martinez was arrested on the federal charges on Oct. 7, 2015, after he was transferred from state custody to federal custody. The related state charges against Martinez have been dismissed in favor of federal prosecution.
During today’s proceedings, Martinez pled guilty to two counts of carjacking and one count of discharging a firearm during a crime of violence. Martinez remains in federal custody pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case as part of the “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on 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 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.