District of New Mexico
Press releases recorded for this federal judicial district.
Zuni Pueblo Man Pleads Guilty to Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Christopher T. Tsalate, 27, pleaded guilty this morning to a domestic assault by a habitual offender charge. Under the terms of his plea agreement, Tsalate will be sentenced to 14 months and 17 days in federal prison followed by a term of supervised release to be determined by the court.
Tsalate, a member and resident of Zuni Pueblo, N.M., was arrested on Jan. 11, 2015, on an indictment charging him with domestic assault of an intimate partner by a habitual offender based on his two prior domestic violence convictions in the Pueblo of Zuni Tribal Court.
This morning, Tsalate pled guilty to the indictment and admitted assaulting the victim, his spouse, on May 7, 2014, in McKinley County, N.M.
Court records reflect that Tsalate previously was convicted on domestic violence charges before the Zuni Tribal Court in May 2010 and Oct. 2012. The victim in this case was also the victim in both of the prior tribal court cases.
Tsalate remains on conditions of release at a half-way house pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Zuni Pueblo Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Novaline Wilson. It 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.
Hobbs Man Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Antonio Acosta, 31, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Acosta was arrested on June 20, 2014, on a three-count indictment charging him with possession of methamphetamine with intent to distribute on April 5 and April 27, 2014, and being a felon in possession of a firearm on March 5, 2014. According to the indictment, Acosta committed the three offenses in Lea County, N.M.
On Sept. 16, 2014, Acosta pled guilty to Counts 1 and 2 of the indictment and admitted that he possessed approximately 21.4 grams of methamphetamine on April 5, 2014 and approximately 8.8 grams of methamphetamine on April 27, 2014. He further admitted that he intended to distribute the methamphetamine to others.
This case was investigated by the Roswell office of the FBI, the Las Cruces offices of the DEA and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lea County Drug Task Force, and the Hobbs Police Department, and was prosecuted by Assistant U.S. Attorneys Terri J. Abernathy and Shaheen P. Torgoley of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department, the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Mexican National Sentenced to Five Years for Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Ernesto Felix, 52, of Sinaloa, Mexico, was sentenced today in federal court in Albuquerque, N.M., to 60 months in federal prison for his methamphetamine trafficking conviction. He will be deported following his prison sentence.
Felix is one of 29 individuals charged in Feb. 2014, with drug trafficking offenses as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico. The investigation culminated on Feb. 26, 2014, when 26 of the defendants were arrested during a law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force. Two other defendants were arrested during the course of the investigation and the final defendant was arrested on March 3, 2014.
The 29 defendants were charged as a result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization led by Isaac Anaya that distributed quantities of methamphetamine throughout San Juan County and expanded to include other drug trafficking activity in the area. 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.
Thirteen of the defendants, including ringleader Isaac Anaya, 31, of Farmington, were charged in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013. The remaining 16 defendants were charged with state drug trafficking and firearms offenses based on criminal complaints. During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms. The law enforcement operation on Feb. 24, 2014, included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington businesses and a storage unit in Bloomfield. It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence. Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and the law enforcement operation.
On Jan. 12, 2015, Felix pled guilty to Count 4 of the indictment and admitted that on July 31, 2013, in San Juan County, N.M., he and co-defendant Wesley Contreras, 20, of Farmington, N.M., were transporting approximately 891 grams of methamphetamine from Arizona to New Mexico when they were apprehended by law enforcement. Felix admitted that he and Contreras were paid to transport the drugs.
Contreras has entered a not guilty plea to the indictment. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department. Assistant U.S. Attorneys Reeve L. Swainston and Shana B. Long are prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Former Texas State Judge Pleads Guilty in Federal Judicial Corruption CaseRead the Press Release
ALBUQUERQUE – Angus Kelly McGinty, 51, a former Texas state district court judge in Bexar County, Texas, pleaded guilty today to an honest services wire fraud charge and admitted depriving the State of Texas and citizens of Bexar County of his honest services by soliciting and accepting bribes intended to influence his judicial decisions. McGinty’s guilty plea was announced by Damon P. Martinez, U.S. Attorney for the District of New Mexico, and Christopher H. Combs, Special Agent in Charge of the FBI’s San Antonio Division.
In announcing the guilty plea, U.S. Attorney Damon P. Martinez said, “Independent and impartial judges are essential to the proper administration of justice. The Department of Justice is committed to rooting out corruption and maintaining confidence in public institutions. This case should serve as a reminder to those who occupy positions of public trust that they must act with integrity and in conformity with the highest ethical standards. Individuals who abuse positions of public trust for private gain will be held accountable.”
“Despite Judge McGinty’s obligation to fairly and impartially carry out his duties as an elected judge, he engaged in serious criminal activity,” said FBI Special Agent in Charge Christopher H. Combs. “Regardless of whether someone is a judge or any other public official, the FBI is committed to investigating and exposing public corruption.”
McGinty initially was charged with conspiracy to commit federal programs bribery, federal programs bribery, extortion under color of official right, and honest services wire fraud in an indictment filed in the U.S. District Court for the Western District of Texas in June 2014. In Feb. 2015, a five-count superseding indictment was filed charging McGinty with conspiracy to commit honest service wire fraud, three counts of honest services wire fraud, and extortion under color of official right. At the time of the events underlying the charges in the indictments, McGinty was a state district court judge in the criminal division of the 144th Judicial District Court in Bexar County, Texas. According to the superseding indictment, between Jan. 2013 and Sept. 2013, McGinty solicited and accepted bribes from an attorney who appeared before him in exchange for favorable rulings for the attorney’s clients. McGinty resigned from the bench on Feb. 14, 2014.
According to court documents, from Jan. 2013 through Sept. 2013, McGinty solicited and accepted bribes from Alberto Acevedo, Jr., an attorney in San Antonio, in exchange for favorable judicial rulings that benefited Acevedo and his clients. Acevedo’s bribes to McGinty included cash, car repairs, arranging the sale of McGinty’s vehicle, and registering a vehicle purchased by McGinty. In exchange, McGinty provided the favorable judicial rulings requested by Acevedo, including lenient sentences and less restrictive conditions of release for Acevedo’s clients. According to the indictments, McGinty received gifts, payments and other things of value totaling more than $6,655.00 from Acevedo.
Today McGinty entered a guilty plea to Count 3 of the superseding indictment. In his plea agreement, McGinty proffered the following statements in support of his guilty plea:
“On or about January 1, 2011, I assumed office as judge of the 144th Judicial District Court, located in Bexar County, Texas. During my term of service as judge of the 144th Judicial District Court, I knowingly participated in a scheme to defraud the State of Texas and citizens of Bexar County, Texas of their right to my honest services inasmuch as I solicited and accepted things of value from Alberto Acevedo, Jr., including vehicle repairs to my two Mercedes Benz, my 1992 Mercedes Benz 300CE and my 2001 Mercedes Benz S430. I accepted these benefits knowing that the purpose behind them was to influence me to exercise my official discretion as judge of the 144th Judicial District Court in favor of Mr. Acevedo and his clients. From at least January 2013 to September 2013, Mr. Acevedo paid for repairs and services to my two Mercedes. I took steps to cover up my dealing with Mr. Acevedo by failing to report the benefits I had received from him on my Personnel Statement for 2013. On May 20, 2013 at 7:02 p.m., I sent Mr. Acevedo a text message to make arrangements to drop off my 2011 Mercedes Benz S430 at his law firm so that he could take it to his mechanic for repairs. That text message traveled in interstate commerce. “
Under the terms of the plea agreement, McGinty will be sentenced to 24 months in federal prison followed by a term of supervised release to be determined by the court. McGinty’s sentencing hearing is scheduled for July 15, 2015.
Acevedo pled guilty on March 17, 2014, to a felony information charging him with bribery involving a program receiving federal funds. In entering his guilty plea, Acevedo admitted that he corruptly influenced a state court judge by giving him things of value. In his plea agreement, Acevedo admitted giving gifts, payments and other things of value totaling more than $6,655.00 to the state court judge in exchange for favorable judicial rulings that benefitted him and his clients. At sentencing, Acevedo faces a maximum statutory penalty of ten years in prison and a $250,000.00 fine. Acevedo is released on bond pending his sentencing hearing, which has yet to be scheduled.
U.S. Attorney Damon P. Martinez praised the investigative work of the San Antonio Division of the FBI. The prosecution of this case in federal court in San Antonio, Texas, is being handled by Special Attorneys Mark A. Saltman and Brock E. Taylor of the U.S. Attorney’s Office for the District of New Mexico. The U.S. Attorney’s Office for the Western District of Texas is recused.
Christopher Blattner Pleads Guilty to Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Christopher Blattner, 35, of Albuquerque, N.M., pleaded guilty earlier today to violating the federal firearms laws. Under the terms of the plea agreement, Blattner will be sentenced to 30 years in federal prison to be followed by up to five years of supervised release. The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
U.S. Attorney Damon P. Martinez said that Blattner was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Noting that Blattner’s prior criminal history includes four prior narcotics trafficking convictions in the 2nd and 13th Judicial District Courts for the State of New Mexico, U.S. Attorney Martinez said, “Blattner is the precisely the type of offender targeted by this federal initiative. Our families, friends and neighbors are safer when career criminals like Blattner are removed from our communities.”
“The streets are safer and people can sleep a little easier knowing that there is one less armed drug dealer poisoning our neighborhoods,” said ATF Special Agent in Charge Thomas G. Atteberry. “ATF and the Albuquerque Police Department are committed to reducing violent crime and arresting those who seek to reduce the quality of life in our community. The sentence to be imposed on Christopher Blattner sends the strong message that we will not tolerate the criminal use of firearms.”
“Today’s guilty plea sends a clear message to habitual criminals that the Albuquerque Police Department is working closely with ATF and federal prosecutors to hold them accountable for their crimes in our community,” said APD Police Chief Gorden Eden, Jr. “This case is a great example of how the Department’s cooperative enforcement efforts with our federal partners enhance public safety in Albuquerque.”
Blattner was charged in Feb. 2013, with violating the federal narcotics and firearms laws in a five-count indictment. Counts 1 and 5 of the indictment charged Blattner with distributing methamphetamine in Bernalillo County, N.M., on Aug. 6, 2012 and Aug. 17, 2012, respectively. Count 2 charged Blattner with possessing a firearm during and in relation to a drug trafficking crime on Aug. 6, 2012. Counts 3 and 4 charged Blattner with being a felon in possession of firearms and ammunition on Aug. 6, 2012 and Aug. 17, 2012.
In Aug. 2014, a federal grand jury filed an eight-count superseding indictment in the case which added Blattner’s wife, Brittany Blattner, 27, as a co-defendant. The superseding indictment charged Chris Blattner with two counts of methamphetamine distribution; two counts of using and carrying a firearm in relation to a drug trafficking crime; and three counts of being a felon in possession of firearms and ammunition. It also charged Blattner and Brittany Blattner with one count of jointly distributing methamphetamine. According to the indictment, Blattner and his wife committed the crimes charged in Bernalillo County, N.M., in Aug. 2012.
During today’s proceedings, Blattner entered a guilty plea to Counts 2 and 5 of the superseding indictment, each of which charged him with possessing a firearm in furtherance of a drug trafficking crime. In his plea agreement, Blattner admitted possessing two Glock semi-automatic pistols on Aug. 6, 2012, in furtherance of a methamphetamine trafficking crime. Blattner also admitted possessing two different Glock semi-automatic pistols on Aug. 17, 2012, in furtherance of another methamphetamine trafficking crime. Blattner remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
On March 24, 2015, Brittany Blattner entered a guilty plea to a felony information charging her with simple possession of methamphetamine. In entering the guilty plea, she admitted possessing methamphetamine on Aug. 17, 2012, in Bernalillo County. Brittany Blattner remains on conditions of release pending her sentencing hearing, which has yet to be scheduled. At sentencing she faces a maximum of two years in federal prison followed by at least one year of supervised release.
This case was investigated by ATF’s Albuquerque office and APD, and is being prosecuted by Assistant U.S. Attorneys Louis E. Valencia and Presiliano A. Torrez.
Arkansas Woman Sentenced in New Mexico to 60 Months in Federal Prison for Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Shelia Villegas, 47, of Manila, Ark., was sentenced late yesterday afternoon in federal court to 60 months in federal prison followed by three years of supervised release for her conviction on methamphetamine and cocaine trafficking charges.
Villegas was arrested on April 29, 2014, on a criminal complaint alleging methamphetamine and cocaine trafficking charges. She subsequently was indicted in a two-count indictment charging her with possession of methamphetamine with intent to distribute and possession of cocaine with intent to distribute.
On Jan. 7, 2015, a jury returned a guilty verdict on both counts of the indictment after a two- day trial. The evidence at trial established that on April 29, 2014, an officer of the Albuquerque Police Department (APD) conducted a routine traffic stop on Villegas for failure to maintain a single lane. After issuing a citation to Villegas, the officer asked and received Villegas’ consent to a search of her vehicle. The officer then deployed a narcotics canine on the vehicle. After the canine alerted and thus indicated the presence of drugs, the officer and HSI agents searched Villegas’ vehicle and found 19 bundles, 18 of which contained an aggregate of 20 pounds of methamphetamine and one which contained more than 700 grams of cocaine.
The evidence at trial included the APD officer’s recording of his encounter with Villegas. In addition, an agent with Homeland Security Investigations (HSI) testified that Villegas made a post-arrest statement in which she acknowledge that she was transporting drugs from Calif. to Ark. in exchange for $10,000.00 plus $500.00 in travel expenses.
This case was investigated by the Albuquerque office of HSI and APD and was prosecuted by Assistant U.S. Attorneys Paul Mysliwiec and Nicholas Jon Ganjei.
Santa Fe Man Sentenced to Forty-Six Months in Federal Prison for Oxycodone Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Phillip Anaya, 38, of Santa Fe, N.M., was sentenced today in federal court in Santa Fe, N.M., to 46 months in federal prison followed by three years of supervised release for his Oxycodone trafficking conviction. Anaya is one of five Santa Fe residents charged in Sept. 2013, with participating in an Oxycodone trafficking ring in a 16-count indictment.
Anaya and his co-defendants, Ashraf Nassar, 31, Daniel Trujillo, 32, Krystal Holmes, 28, and Sarah Romero, 35, were arrested as part of a multi-agency law enforcement operation that included the execution of search warrants at three residences and a business in Santa Fe. The investigation, “Operation High Desert Bash,” was initiated in Jan. 2013 by the DEA’s Tactical Diversion Squad in Albuquerque, N.M., the Santa Fe Police Department and HIDTA Region III Narcotics Task Force in response to the epidemic increase in prescription drug abuse, addiction and overdose deaths in New Mexico, particularly among teens and young adults.
Operation Desert Bash 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. The investigation primarily targeted a drug trafficking organization unlawfully distributing quantities of Oxycodone in Santa Fe County. Oxycodone is an opioid narcotic pain reliever similar to morphine that is medically prescribed to treat moderate to severe pain and can be habit-forming. Officers seized approximately 7300 mg of Oxycodone during the investigation.
Count 1 of the 16-count indictment charged the five defendants with conspiracy to distribute Oxycodone in Santa Fe County between Dec. 2012 and Sept. 2013. Counts 2 through 4 of the indictment charged Nassar, Anaya and Holmes with substantive Oxycodone distribution offenses, and all five defendants were charged with using telephones to facilitate drug trafficking crimes in Counts 5 through 16.
Anaya pled guilty on Nov. 19, 2014, to Count 1 of the superseding indictment. Anaya admitted that from Dec. 8, 2012 through Sept. 26, 2013, in Santa Fe, N.M., he would frequently receive Oxycodone from Nassar which Anaya would then redistribute.
Two of Anaya’s co-defendants also have been sentenced after entering guilty pleas to charges in this case. Trujillo pled guilty on Jan. 30, 2015, and Romero pled guilty on Oct. 28, 2014; each admitted participating in the Oxycodone trafficking conspiracy charged in the indictment. Trujillo was sentenced on April 2, 2015, to 18 months in prison followed by three years of supervised release. Romero was sentenced on March 26, 2015, to 18 months in federal prison followed by three years of supervised release.
Nassar and Holmes have entered pleas of not guilty and are awaiting trial. Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office, the Santa Fe Police Department and the HIDTA Region III Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson and Joel R. Meyers.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The HIDTA Region III Drug Enforcement Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and Santa Fe County Sheriff’s Office. It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which 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.
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.
Former Corrections Supervisor at Gallup-McKinley Adult Detention Center Sentenced for Sexually Assaulting Female Inmates in His CustodyRead the Press Release
ALBUQUERQUE – John Greene, 70, a former captain at the Gallup-McKinley Adult Detention Center (GMADC), was sentenced today on charges related to sexual assaults of female inmates in his custody.In Nov. 2014, Greene pled guilty to three counts of violating each of three victims’ rights to bodily integrity by engaging in sexual contact against their will.Greene also pled guilty to two counts of making material false statements to the FBI when he denied touching the breasts of one female inmate and having personal contact with another female inmate.Greene was sentenced to five years of federal probation.
According to court documents, Greene admitted that in his capacity as a captain at GMADC, he had regular access to female inmates when he accompanied them to court hearings, transported them to other facilities, and had them brought to his office.This regular access gave him the opportunity to engage in unwanted sexual contact with three different women in Dec. 2008 and Jan. 2009.Greene committed these acts, knowing it was wrong, against the law, and without the victims’ consent, but he did so anyway for his own gratification.
Greene also admitted that he lied to the FBI both when he denied touching the breasts of one of the woman in his custody for whom he was charged with touching in count one.He also lied when he denied having personal contact with yet another woman in his custody, not already listed in the indictment.
This case was investigated by the Gallup Resident Agency of the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorney Holland S. Kastrin for the District of New Mexico and Fara Gold of the Civil Rights Division of the U.S. Department of Justice.
Colorado Man Pleads Guilty to Federal Sex Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – A Colorado man pleaded guilty in federal court in Albuquerque, N.M., this morning to sex trafficking charges, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
David Justin Lynch, 39, of Colorado Springs, Colo., entered a guilty plea to a two-count indictment charging him with coercing a woman to travel in interstate commerce for prostitution, and traveling in interstate commerce for the purpose of promoting prostitution. Under the terms of his plea agreement, Lynch will be sentenced to six years in federal prison to be served consecutive to the four years he already has served in state custody based on related-state charges.
On March 24, 2011, a federal criminal complaint was filed charging Lynch with coercing a woman to travel in interstate commerce to engage in prostitution. Thereafter, on July 27, 2011, an indictment was filed charging Lynch with coercing the victim to travel in interstate commerce for prostitution and traveling in interstate commerce for the purpose of promoting prostitution. The criminal complaint and indictment remained under seal until Oct. 2014, while state prosecutors proceeded with the prosecution of related-state charges against Lynch. On April 7, 2015, Lynch was arrested on the federal charges after he was transferred from state custody to federal custody.
According to court documents, the FBI and APD initiated a federal human trafficking investigation into Lynch on March 22, 2011, the day after Lynch was arrested by APD on state charges. The investigation revealed that between Dec. 2010 and March 2011, Lynch coerced the victim to travel to Colorado, Idaho, Kansas, Missouri and New Mexico for the purpose of engaging in prostitution. Lynch and the victim remained in each location for a week or two, staying in different hotels, where the victim performed sexual acts with customers who responded to advertisements placed by Lynch on a website commonly used to post ads for prostitution.
Court documents reflect that initially, the victim was required to pay fifty percent of her earnings to Lynch but beginning in Jan. 2011, Lynch took all of the victim’s earnings, giving her only enough money to pay for the hotel room, food and basic necessities. Also in Jan. 2011, Lynch verbally threatened the victim, who felt that she could not stop working as a prostitute for Lynch. In Feb. 2011, Lynch allegedly held a knife to the victim’s throat and threatened her because she was not making enough money and “wasn’t nice enough” to the customers.
Lynch and the victim were arrested by APD on March 21, 2011, after APD responded to an ad placed by Lynch on a website commonly used to post ads for prostitution. After her arrest, the victim told officers that she wanted to leave Lynch and stop working as a prostitute but was afraid that Lynch would “track her down and kill her” if she left. The victim said she felt coerced to engage in prostitution for Lynch because of his threats against her and his control of her earnings.
During today’s change of plea hearing, Lynch entered guilty pleas to both counts of the indictment. In his plea agreement, Lynch admitted that from Nov. 1, 2011 through March 21, 2011, he coerced the victim to travel in interstate commerce from Colorado to New Mexico and other places to engage in prostitution. Lynch also acknowledged that he traveled in interstate commerce to promote and facilitate prostitution.
Lynch remains in federal custody pending his sentencing hearing which has yet to be scheduled.
“Human trafficking causes unimaginable pain, desperation and despair, and the fear of violence and other reprisals all too often keep victims from reporting this heinous crime,” said U.S. Attorney Damon P. Martinez. “This prosecution sends a clear message that the United States will not tolerate modern-day slavery and will work tirelessly to restore the rights and dignity of the victims of human trafficking crimes.”
“Unfortunately, human trafficking continues to occur in our society, and the FBI is committed to combating this reprehensible crime wherever we find it,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division. “I am proud of the work of the FBI Special Agents and Professional Support staff on this case, and I thank the U.S. Attorney's Office and the Albuquerque Police Department for their invaluable assistance. If you are the victim of human trafficking or have information about such a crime, I urge you to call the National Human Trafficking Resource Center at 1-888-373-7888.”
“The Albuquerque Police Department works closely with our law enforcement partners to proactively target predators involved in human trafficking,” said Chief Gorden Eden, Jr., of the Albuquerque Police Department. “Like the victim in this case, victims of human trafficking are exploited as a reusable commodity by those who force them to participate in the sex trafficking industry. APD is proud to work with the FBI and the U.S. Attorney’s Office to protect and rescue victims who are unable to defend themselves.”
This case was investigated by the Albuquerque office of the FBI and APD, and is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Kimberly A. Brawley.
Armed Career Criminal from Albuquerque Sentenced to Fifteen Years for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Paul Anthony Turrieta, 36, of Albuquerque, N.M., was sentenced today in federal court to 15 years in federal prison for being a felon in possession of a firearm and ammunition. Turrieta received an enhanced sentence due to his status as an armed career criminal. He will be on supervised release for three years after completing his prison sentence.
Turrieta was 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.
Turrieta was arrested in Feb. 2014, on an indictment charging him with unlawfully possessing a firearm and ammunition on Oct. 24, 2013, in Bernalillo County, N.M. According to court filings, Turrieta was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including three residential burglaries.
On Oct. 27, 2014, Turrieta pled guilty to the indictment and admitted possessing a revolver and ammunition which were discovered in the vehicle he was driving when an officer pulled him over on a traffic stop on Oct. 24, 2013. Turrieta acknowledged that he was prohibited from possessing the firearm or ammunition because he was a convicted felon.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Presiliano A. Torrez prosecuted the case.
Albuquerque Man Pleads Guilty to Federal Synthetic Drug Trafficking ChargeRead the Press Release
ALBUQUERQUE – Iman Al-Washah, 24, of Albuquerque, N.M., entered a guilty plea in federal court this morning to a “spice” trafficking charge. Iman Al-Washah is one of three men arrested in the District of New Mexico in May 2014, as part of Project Synergy Phase II, a nationwide investigative effort by the DEA, Customs and Border Protection, Homeland Security Investigations, FBI, IRS and other federal, state, and local partners. Project Synergy Phase II targeted every level of the dangerous global synthetic designer drug market. From Jan. 2014 through May 2014, nationwide enforcement operations took place targeting the drug trafficking organizations that have operated in communities across the country.
Iman Al-Washah and his co-defendants, Sabah Al-Washah, 48, and Amjad Al-Washah, 26, both Albuquerque residents were charged with “spice” trafficking charges in criminal complaints. Amjad Al-Washah was charged with distribution of a controlled substance analogue based on his sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop at 806 Old Coors Drive SW in Albuquerque on Dec. 4, 2013. Iman Al-Washah was charged with conspiracy and distribution of a controlled analogue based on his participation in the sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop on Jan. 7, 2014. Sabah Al-Washah, the owner of Carlos’ Smoke Shop, was charged with conspiracy and aiding and abetting the distribution of a controlled substance analogue based on a sale of synthetic cannabinoid to an undercover officer at the smoke shop on Jan. 7, 2014. Sabah Al-Washah also was charged with maintaining drug-involved premises.
The three men subsequently were charged in a four-count indictment filed on May 21, 2014. Count 1 charged the three men with conspiracy to distribute a controlled substance analogue from Dec. 4, 2013 through May 7, 2014. Count 2 charged Sabah Al-Washah and Amjad Al-Washah with distributing a controlled substance analogue on Dec. 4, 2013. Count 3 charged Sabah Al-Washah and Iman Al-Washah with distributing a controlled substance on Jan. 7, 2014, and Count 4 charged Sabah Al-Washah with maintaining a place, Carlos Smoke Shop, for the purpose of manufacturing, distributing, and using a controlled substance analogue. The indictment also called for the forfeiture of multiple vehicles and cash obtained through the drug offenses charged in the indictment.
During today’s proceedings, Iman Al-Washah pled guilty to Count 3 of the indictment and admitted that Sabah Al-Washah and he sold 30 packets of “spice” to an undercover law enforcement officer. Under the terms of his plea agreement, Iman Al-Washah will be sentenced to a prison term not to exceed six months and will be required to forfeit a 2011 Cadillac, a 2006 BMW and a 2011 Chevrolet Camaro. His sentencing date has yet to be scheduled.
Amjad Al-Washah pled guilty on Feb. 11, 2015, to Count 2 of the indictment and admitted that on Dec. 4, 2013, he sold ten packets of “spice” to an undercover law enforcement officer for $200.00 at Carlos’ Smoke Shop. At his sentencing hearing, which has not been scheduled, Amjad Al-Washah faces a statutory maximum penalty of 20 years in federal prison followed by a minimum of three years of supervised release.
Sabah Al-Washah has entered a not guilty plea and is pending trial, which is currently scheduled for May 11, 2015. Charges in criminal complaints and indictments are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Stephen R. Kotz.
The controlled substance analogues charged in the complaints and indictment are commonly referred to as synthetic marijuana or “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
Albuquerque Woman Pleads Guilty to Federal Oxycodone Trafficking ChargesRead the Press Release
ALBUQUERQUE – Crystal Staggs, 53, of Albuquerque, N.M., pleaded guilty today in federal court to Oxycodone trafficking charges. Under the terms of her plea agreement, Staggs will be sentenced to 63 months in federal prison followed by a term of supervised release to be determined by the court.
Staggs was arrested on Aug. 28, 2012, on a criminal complaint charging her with distributing and attempting to distribute Oxycodone to an undercover DEA agent on four occasions from June 13, 2012 through Aug. 28, 2012, in Bernalillo County, N.M. According to the complaint, Staggs sold Oxycodone to the undercover agent as follows: 48 30-mg Oxycodone pills and four 15-mg Oxycodone pills for $1,000.00 on June 13, 2012; 100 30-mg Oxycodone pills for $1,800.00 on June 27, 2012; and 87 30-mg Oxycodone pills and six 15-mg Oxycodone pills for $1,800.00. Staggs was arrested on Aug. 28, 2012, when she attempted to sell 100 30-mg Oxycodone pills to the undercover agent; the pills were in her possession when she was arrested.
In Sept. 2012, Staggs was indicted and charged with three counts of distribution of Oxycodone and one count of possession of Oxycodone with intent to distribute.
During today’s change of plea hearing, Staggs pled guilty to the four-count indictment and admitted to distributing an aggregate of 10.2 grams of Oxycodone to an undercover DEA agent from June 13, 2012 through Aug.28, 2012.
This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office and is being prosecuted by Assistant U.S. Attorney Shammara Henderson. 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.
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.
Northern Arapaho Woman Sentenced in New Mexico for Federal Child Abuse ConvictionRead the Press Release
ALBUQUERQUE – Tarasina Wallowingbull, 28, a member of the Northern Arapaho Tribe of Fort Washakie, Wyo., who currently resides in Albuquerque, N.M., was sentenced this morning to two years of probation for her child abuse conviction.
Wallowingbull was arrested on July 29, 2014, on a criminal complaint charging her with assault resulting in serious bodily injury. According to the criminal complaint, on June 11, 2014, Wallowingbull crashed her vehicle in San Felipe Pueblo in Sandoval County, N.M., while driving under the influence of alcohol. A young child was ejected from Wallowingbull’s vehicle during the single-vehicle crash and sustained serious injuries.
On Oct. 20, 2014, Wallowingbull pled guilty to a felony information charging her with abuse of a child in Indian County. In entering her guilty plea, Wallowingbull admitted placing a child under the age of 18 years in a situation that endangered the child’s life or health.
This case was investigated by the Southern Pueblos and Laguna Agencies of the BIA’s Office of Justice Services, and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Alamo Man Sentenced to Federal Prison for Convenience Store RobberyRead the Press Release
ALBUQUERQUE – Ronnie Ganadonegro, 38, a member of the Navajo Nation who resides in Alamo, N.M., was sentenced to 24 months in federal prison followed by three years of supervised release for his robbery conviction.
Ganadonegro was arrested on Jan. 23, 2014, on a criminal complaint charging him with the Dec. 30, 2014 robbery of the Tiis’ Tsoh Mini Mart in Alamo, which is located in the Navajo Indian Reservation. Ganadonegro subsequently was indicted and charged with one count of robbery.
On July 30, 2014, Ganadonegro entered a guilty plea to the indictment and admitted robbing the Tiis’ Tsoh Mini Mart on Dec. 30, 2013. Ganadonegro admitted approaching the counter in the convenience store, pointing an air pistol at the cashier, and demanding the money in the cash register. When the cashier opened the cash register, Ganadonegro grabbed the cash out of the register and fled on foot from the convenience store.
This case was investigated by the Albuquerque office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Marisa A. Lizarraga.
Albuquerque Man Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – David Godfrey, Jr., 28, of Albuquerque, N.M., pleaded guilty this morning in federal court to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Godfrey was arrested on Sept. 8, 2014, on a two-count indictment charging him with distribution of more than 100 grams of heroin and using and carrying a firearm in relation to a drug trafficking crime. According to the indictment, Godfrey committed the crime on Feb. 13, 2013, in Bernalillo County, N.M.
During today’s proceedings, Godfrey pled guilty to Count 1 of the indictment charging him with distribution of heroin. In entering the guilty plea, Godfrey admitted that on Feb. 13, 2013, he handed a bag containing more than 100 grams of heroin to another person in northeast Albuquerque. Godfrey also admitted that at the time he had a .45 caliber pistol in his waistband for protection.
At sentencing, Godfrey faces a statutory minimum penalty of five years and a maximum of 40 years in federal prison. He remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Paul Mysliwiec is prosecuting this case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaboration 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.
Santa Fe Man Sentenced to Prison for Federal Oxycodone Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Daniel Trujillo, 32, of Santa Fe, N.M., was sentenced today in federal court in Santa Fe, N.M., to 18 months in federal prison followed by three years of supervised release for his Oxycodone trafficking conviction. Romero is one of five Santa Fe residents charged in Sept. 2013, with participating in an Oxycodone trafficking ring in a 16-count indictment.
Trujillo and his co-defendants, Ashraf Nassar, 31, Phillip Anaya, 38, Krystal Holmes, 28, and Sarah Romero, 35, were arrested as part of a multi-agency law enforcement operation that included the execution of search warrants at three residences and a business in Santa Fe. The investigation, “Operation High Desert Bash,” was initiated in Jan. 2013 by the DEA’s Tactical Diversion Squad in Albuquerque, N.M., the Santa Fe Police Department and HIDTA Region III Narcotics Task Force in response to the epidemic increase in prescription drug abuse, addiction and overdose deaths in New Mexico, particularly among teens and young adults.
Operation Desert Bash 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. The investigation primarily targeted a drug trafficking organization unlawfully distributing quantities of Oxycodone in Santa Fe County. Oxycodone is an opioid narcotic pain reliever similar to morphine that is medically prescribed to treat moderate to severe pain and can be habit-forming. Officers seized approximately 7300 mg of Oxycodone during the investigation.
Count 1 of the 16-count indictment charged the five defendants with conspiracy to distribute Oxycodone in Santa Fe County between Dec. 2012 and Sept. 2013. Counts 2 through 4 of the indictment charged Nassar, Anaya and Holmes with substantive Oxycodone distribution offenses, and all five defendants were charged with using telephones to facilitate drug trafficking crimes in Counts 5 through 16.
Trujillo pled guilty on Jan. 30, 2015, to a conspiracy count and admitted his participation in a conspiracy to distribute Oxycodone in the Santa Fe area between Dec. 2012 and Sept. 2013. Trujillo also admitted that he would frequently receive oxycodone from a co-defendant which he would then redistribute.
Two of Trujillo’s co-defendants also have entered guilty pleas. Anaya pled guilty on Nov. 19, 2014, and Romero pled guilty on Oct. 28, 2014; each admitted participating in the Oxycodone trafficking conspiracy charged in the indictment. Under the terms of his plea agreement, Anaya will be sentenced to 46 months in federal prison. His sentencing hearing has yet to be scheduled. Romero was sentenced on March 26, 2015, to 18 months in federal prison followed by three years of supervised release.
Nassar and Holmes have entered pleas of not guilty and are awaiting trial. Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office, the Santa Fe Police Department and the HIDTA Region III Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson and Joel R. Meyers.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The HIDTA Region III Drug Enforcement Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and Santa Fe County Sheriff’s Office. It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which 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.
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.
Federal Jury Finds Albuquerque Man Guilty of Violating the Hobbs Act by Robbing Businesses Engaged in Interstate CommerceRead the Press Release
ALBUQUERQUE – Last night a federal jury sitting in Santa Fe, N.M., returned a verdict finding David Savoy Thomas guilty of four counts of violating the Hobbs Act by robbing and attempting to rob commercial businesses involved in interstate commerce after a three-day trial. The guilty verdict was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Albuquerque Police Chief Gorden Eden, Jr.
Thomas, 55, of Albuquerque, N.M., was charged with four counts of violating the Hobbs Act by robbing and attempting to rob commercial businesses located in Bernalillo County, N.M., that were involved in interstate commerce, and one count of brandishing a firearm during and in relation to a crime of violence in a five-count indictment filed on Dec. 4, 2013. Thomas was arrested on Dec. 30, 2013, after he was transferred from state custody to federal custody to face the charges in the federal indictment. Trial of the case began on March 30, 2015, and concluded last night when the jury returned a verdict of guilty on the four Hobbs Act charges and was unable to reach a unanimous verdict on the firearms charge.
The evidence at trial established that Thomas robbed one business in May 2010 and three businesses in 2013. A store clerk employed by a McDonald’s Restaurant located on San Pedro NE in Albuquerque testified about being robbed on May 1, 2010, by a man who ran behind the counter, shoved him away from the register, and took money from his cash register. As the robber ran out of the restaurant, he placed his hands on the restaurant’s glass door, leaving his fingerprints behind.
A second store clerk, employed at a Family Dollar Store on Lomas NE in Albuquerque, testified that three years later, on Aug. 10, 2013, he was robbed by a man who held a large knife against his back, ordered him to open the cash register, and took cash from the cash register. Six days later, on Aug. 16, 2013, a man attempted unsuccessfully to rob the same Family Dollar Store. A third store clerk testified that the man threatened her with a knife before fleeing the store empty-handed after she resisted his efforts to rob the store.
A fourth store clerk at a Check and Go Store located on Lomas NE in Albuquerque testified that she was robbed by a man brandishing a firearm on Oct. 19, 2013. The clerk testified that she opened the store’s safe after the robber threatened her with a gun, and that the robber made off with a large amount of money.
APD officers testified that they responded to the scene of each of the four incidents and processed all available evidence, including fingerprints and surveillance videotape. After the fourth incident in Oct. 2013, an APD officer learned that a fingerprint expert had identified Thomas’s fingerprints on the glass door of the restaurant that was robbed in May 2010, and started an investigation into Thomas. After obtaining a photograph of Thomas and determining that Thomas matched the description of the man who robbed the Family Dollar and the Check and Go, the APD officer included Thomas’s photograph in a photo array of six men. The clerks from the two stores positively identified Thomas as the man who attempted to rob the Family Dollar on Aug. 16, 2013 and the Check and Go on Oct. 19, 2013.
The defense called two witnesses during its case. The first, a professor who testified as an expert, tried to call into question the reliability of eye witness testimony. The second, a former law enforcement officer, testified that he could not tell from surveillance videotape if the robber had brandished a real firearm during the Oct. 19, 2013, robbery.
Thomas has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Thomas faces a statutory maximum penalty of 20 years in prison on each of the four Hobbs Act charges. If deemed to be a career criminal, Thomas faces a penalty of 30 years to life imprisonment on these charges.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department with assistance from the Second Judicial District Attorney’s Office. Assistant U.S. Attorneys Norman Cairns and Kimberly A. Brawley are prosecuting the case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Portales Man Pleads Guilty to Federal Narcotics Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Brandon William Wood, 35, of Portales, N.M., entered a guilty plea today in federal court in Las Cruces, N.M., to methamphetamine trafficking and firearms charges. Under the terms of his plea agreement, Wood will be sentenced to a range of eight to ten years in prison followed by a term of supervised release to be determined by the court.
Wood and co-defendant, Justin Thomas Shipley, 30, also of Portales, N.M., were arrested on April 24, 2014, in Otero County, N.M., on a criminal complaint charging them with methamphetamine trafficking charges. They subsequently were indicted on methamphetamine trafficking and firearms charges in a six-count indictment filed on July 16, 2014.
The indictment alleged that in April 2014, Shipley and Wood participated in a conspiracy to distribute large quantities of methamphetamine, and also charged the two men with possession of methamphetamine with intent to distribute. The indictment further charged Wood and Shipley with using and carrying firearms in relation to a drug trafficking crime and Wood with being a felon in possession of firearms and ammunition.
In July 2014, Wood was prohibited from possessing firearms and ammunition because he had been convicted of several felony offenses, including conspiracy to sell controlled substances, manufacturing, sale and possession of controlled substances, conspiracy to cultivate marijuana, and driving while intoxicated.
During today’s plea hearing, Wood pled guilty to a four-count felony information charging him with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, using a carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm and ammunition. In entering his guilty plea, Wood admitted that beginning on April 18, 2014, he conspired with his co-defendant to acquire 80 grams of methamphetamine which was to be distributed in Portales, N.M. Wood admitted that they completed their transaction on April 22, 2014. Wood and his co-conspirator were transporting the drugs from Arizona to Portales on April 24, 2014, when they were arrested at the U.S. Border Patrol checkpoint near Alamogordo, N.M., after Border Patrol agents found 80 grams of methamphetamine, a hand gun, a shotgun and ammunition in their vehicle during a routine vehicle inspection. Wood admitted to having a gun and ammunition because he was transporting methamphetamine even though he knew that he not allowed to possess the firearms and ammunition because he had been convicted of at least four felonies.
On Dec. 12, 2014, Shipley also pled guilty to a felony information charging him with participation in a methamphetamine trafficking conspiracy, distribution of methamphetamine; and using and carrying a firearm in relation to a drug trafficking crime. Shipley 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 Las Cruces office of the DEA and the Alamogordo Station of the U.S. Border Patrol. Assistant U.S. Attorney Anna Wright of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Hobbs Man Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Luis Carlos Bujanda, 47, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 70 months in federal prison followed by two years of supervised release for his methamphetamine trafficking conviction.
Bujanda was arrested on Dec. 12, 2013, on a criminal complaint alleging that he possessed methamphetamine with intent to distribute in Lea County, N.M., on Nov. 14, 2013. He subsequently was indicted in March 2014, on that same charge.
Court filings reflect that Bujanda was arrested by officers of the Lea County Drug Task Force on Nov. 14, 2013, when officers executed a search warrant at Bujanda’s residence in Hobbs and seized more than 500 grams of substances that tested positive for methamphetamine and $3,366.00 in cash.
On July 24, 2014, Bujanda entered a guilty plea to the indictment. In his plea agreement, Bujanda admitted possessing more than 431 grams of pure methamphetamine and $3,366.00 which were seized by officers when they executed a search warrant at his residence on Nov. 14, 2013. Under the terms of his plea agreement, Bujanda also was ordered to forfeit the currency seized from his residence and a Dodge Ram truck purchased with drug proceeds.
This case was investigated by the Las Cruces office of the DEA and the Lea County Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department, the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Navajo Man from Beclabito Pleads Guilty to Federal Arson ChargeRead the Press Release
ALBUQUERQUE – Benjamin Joe Begay, Jr., 45, an enrolled member of the Navajo Nation who resides in Beclabito, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a federal arson charge.
Begay was arrested on Aug. 19, 2014, on a criminal complaint charging him with arson, and was indicted on that same charge on Aug. 26, 2014. According to court filings, Begay set fire to the residence he shared with his wife and children on July 31, 2014, following an argument with his family. The residence, its contents and a grey truck were a total loss to the fire.
During today’s proceedings, Begay admitted willfully and maliciously setting fire to the home he shared with his wife and family on July 31, 2014, on the Navajo Indian Reservation in San Juan County, N.M. At sentencing, Begay faces a statutory maximum penalty of life in prison and up to five years of supervised release. His sentencing hearing has yet to be scheduled.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI. This case is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
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.
Former Corrections Officer Pleads Guilty to Conspiring to Distribute Narcotics in Doña Ana County Detention CenterRead the Press Release
ALBUQUERQUE – Francisco Balderrama, 27, of El Paso, Texas, pleaded guilty today in federal court in Las Cruces, N.M., to conspiracy to distribute heroin, methamphetamine and cocaine within the Doña Ana County Detention Center (DACDC). At the time he committed the offense, Balderrama was employed as a corrections officer at the DACDC.
Balderrama was arrested on Oct. 6, 2014, on a criminal complaint charging him with conspiracy to distribute narcotics and providing contraband in a prison facility. The criminal complaint charged Balderrama with conspiring with co-defendants Virginia Aguirre, 54, and Delilah Morales, 23, both of Deming, N.M., and Brittany Huerta, 25, of Las Cruces to smuggle drugs and other contraband into the DACDC in June 2013. According to the complaint, an investigation by officers of the DACDC revealed Balderrama was conspiring with Aguirre, Morales and Huerta to smuggle drugs and drug paraphernalia into the DACDC at the behest of two federal inmates who were being held at the Detention Center.
Balderrama, Aguirre, Huerta and Morales subsequently were indicted on Jan. 14, 2015, and charged with conspiracy to distribute heroin, methamphetamine and cocaine in June 2013.
During today’s change of plea hearing, Balderrama pled guilty to the indictment and admitted that from June 3, 2013 through June 16, 2013, two inmates arranged for him to meet with Aguirre and Morales for the purpose of receiving a package containing drugs and other contraband together with a smuggling fee of $300.00 that was provided by Huerta. Balderrama further admitted that on June 16, 2013, Morales delivered the package of drugs and drug paraphernalia to him, and that he delivered the drugs and contraband to two inmates who were being held at the DACDC.
Aguirre, Huerta and Morales each pleaded guilty to the indictment earlier this month. Each admitted that from June 3, 2013 through June 16, 2013, they conspired with each other to provide a package containing heroin, cocaine, methamphetamine and other contraband to Balderrama on the evening of June 16, 2013, with the understanding that he would smuggle the package into the DACDC in exchange for a $300.00 fee.
At sentencing, each of the four defendants faces a statutory maximum penalty of 20 years in prison followed by not less than three years of supervised release. Their sentencing hearings have yet to be scheduled.
This case was investigated by the Las Cruces office of the U.S. Marshals Service, the Doña Ana County Detention Center and the New Mexico State Police. Assistant U.S. Attorney Edwin Garreth Winstead, III, is prosecuting the case.
Albuquerque Man Pleads Guilty to Federal Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Jean Claud Mills, 31, of Albuquerque, N.M., entered a guilty plea in federal court this morning to methamphetamine trafficking and firearms charges. Under the terms of his plea agreement, Mills will be sentenced to 11 years in federal prison followed by a term of supervised release to be determined by the court.
Mills was arrested on May 16, 2014, on a criminal complaint charging him with possession of methamphetamine with intent to distribute and using and carrying a firearm in furtherance of a drug trafficking crime. Mills subsequently was indicted on June 11, 2014, and charged with (1) possession of methamphetamine with intent to distribute, (2) being a felon in possession of firearms and ammunition, and (3) using and carrying a firearm in relation to a drug trafficking crime. Court records reflect that in May 2014, Mills was prohibited from possessing firearms and ammunition because he previously had been convicted of felony offenses including possession of narcotics with intent to distribute and conspiracy to tamper with evidence.
According to the criminal complaint, on May 15, 2014, Mills attempted to sell a pound of methamphetamine to undercover detectives of the Albuquerque Police Department (APD) for $13,000.00. The APD detectives recovered a handgun and two magazines of ammunition from an open glove compartment in Mills’ vehicle.
During today’s change of plea hearing, Mills pled guilty to Counts 1 and 2 of the indictment. Mills admitted that on May 15, 2014, he sold a pound of methamphetamine to two men for $13,000.00, and was arrested by law enforcement officers before he got into his vehicle to leave. Mills further admitted that on that day he possessed a firearm even though he was a convicted felon and was on probation.
Mills has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Border Enforcement Security Task Force of the Albuquerque office of Homeland Security Investigations (HSI) and APD. Assistant U.S. Attorney Presiliano Torrez is prosecuting the case.
Three Men and a Woman Arrested on Federal Charges Arising out of March 21, 2015, Homicide and Assault in FruitlandRead the Press Release
ALBUQUERQUE – Three brothers, all enrolled members of the Navajo Nation, were arrested last week on a criminal complaint charging them with murder and assault offenses arising out of a homicide and an assault that occurred in Fruitland, N.M., on March 21, 2015. Also arrested was a Navajo woman who impeded law enforcement efforts to apprehend the three men. The arrests were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Director John Billison of the Navajo Nation Division of Public Safety.
Elijah Shirley, 30, and Michael Shirley, 31, both of Kirtland, N.M., and Maynard Shirley, 36, who until recently resided in the Phoenix, Ariz., area, are charged in a criminal complaint with the murder of a Navajo man and an assault on the murder victim’s father on March 21, 2015, in Fruitland in San Juan County, N.M. According to the criminal complaint, Elijah Shirley, Maynard Shirley and Michael Shirley allegedly broke into the victims’ residence in the early hours of March 21, 2015, and assaulted the victims with a machete-like knife and a gun. One victim allegedly died as a result of a stab wound to the chest and the second victim allegedly suffered serious bodily injuries, including a collapsed lung and multiple stab wounds, during the attack.
Elijah Shirley was arrested on March 25, 2015, and his brothers Maynard Shirley and Michael Shirley were arrested on March 27, 2015. Elijah and Maynard Shirley were ordered detained pending trial during federal court proceedings held in Albuquerque, N.M., earlier today. Michael Shirley remains in custody pending a detention hearing which has yet to be scheduled.
Arnelia Williams, 25, was arrested on March 27, 2015, on a separate criminal complaint charging her with being an accessory after the fact for hindering and preventing the apprehension of Maynard and Michael Shirley. During today’s court proceedings, Williams was also ordered detained pending a detention hearing which has yet to be scheduled.
If convicted on the charges in the criminal complaint, Elijah Shirley, Maynard Shirley and Michael Shirley each face a statutory maximum penalty of life in prison on the murder charge and a ten-year prison sentence on the assault charge. Williams faces a statutory maximum penalty of 15 years in prison if convicted for being an accessory after the fact. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
These cases were investigated by the Farmington office of the FBI and the Kayenta and Shiprock offices of the Navajo Nation Division of Public Safety, and are being prosecuted by Assistant U.S. Attorney Linda Mott.
Navajo Man from Gamerco, N.M., Pleads Guilty to Making a False Statement to the FBIRead the Press Release
ALBUQUERQUE – This morning in federal court, Benson Pete, 74, an enrolled member of the Navajo Nation who resides in Gamerco, N.M., pled guilty to a felony information charging him with making a false statement to a law enforcement agency. Under the terms of a plea agreement with the U.S. Attorney’s Office, Pete will be sentenced to a range of 12 to 33 months in federal prison followed by a period of supervised release to be determined by the court.
Pete was arrested on June 3, 2014, on an indictment charging him two counts of sexual abuse of a child under the age of 12 between Jan. 1, 2013 and March 31, 2013, in Indian Country in McKinley County, N.M.
During today’s proceedings, Pete pled guilty to an information charging him with making a false statement to a law enforcement agency. In entering the guilty plea, Pete admitted that on July 30, 2013, he provided false information regarding the aggravated sexual abuse of a victim to the FBI. Pete further admitted that he withdrew any claims that he was coerced by an FBI agent, and that the statements he made on July 30, 2013, were voluntarily made.
This case was investigated by the Gallup office of the FBI and is being prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Raquel Ruiz-Velez.
Acoma Pueblo Man Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Arthur L. Garcia, 23, a member and resident of Acoma Pueblo, N.M., pleaded guilty on Friday, March 27, 2015, to a voluntary manslaughter charge.
According to court filings, Garcia killed the victim, a 33-year-old Acoma Pueblo man, in the early morning hours of May 8, 2014, by throwing a weight at the victim and striking him in the head. The crime occurred during a scuffle between Garcia and the victim on Acoma Pueblo in Cibola County, N.M.
During Friday’s proceedings, Garcia pled guilty to a felony information charging him with voluntary manslaughter. In entering his guilty plea, Garcia admitted killing the victim by striking the victim with a ten-pound weight with the intention of causing him serious bodily injury.
At sentencing, Garcia faces a statutory maximum penalty of 15 years in prison followed by at least three years of supervised release. Garcia has been in federal custody since his arrest and remains detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Acoma/Laguna Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.
Navajo Man from Littlewater, N.M., Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Michael Benally, 31, an enrolled member of the Navajo Nation who resides in Littlewater, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to assault charges. Benally is the last of three defendants to enter a guilty plea in this case.
Benally and co-defendants Gabriel Largo, 28, and Joshua Largo, 20, both enrolled members of the Navajo Nation who reside in Crownpoint, N.M., were arrested on Sept. 17, 2014, on a criminal complaint charging them with assaulting a Navajo man with a sledgehammer and a rock and causing him serious bodily injury. The complaint alleges that the assault took place in the Crownpoint Chapter of the Navajo Nation in McKinley County, N.M., on Sept. 5, 2014.
The three co-defendants subsequently were indicted on Oct. 7, 2014, in a four-count indictment. Count 1 charged Benally with assaulting the victim and causing him serious bodily injury on July 30, 2014. Count 2 charged Benally, Gabriel Largo and Joshua Largo with conspiring to assault the victim by chasing the victim, throwing rocks at him, kicking him, and striking him with a sledgehammer on Sept. 5, 2014. Counts 3 and 4 charged the three defendants with assault resulting in serious bodily injury and assault with a dangerous weapon.
During today’s proceedings, Benally pled guilty to a felony information charging him with conspiracy to commit assault resulting in bodily injury and assault with a dangerous weapon. Benally admitted that on Sept. 5, 2014, he and his co-defendants approached the victim who was selling firewood. When the victim ran away from them, Benally and his co-defendants chased the victim, threw rocks at him and knocked him down. The three men then hit and kicked the victim. In his plea agreement, Benally admitted taking a sledgehammer from his truck and striking the victim in the legs with it with the intention of injuring and harming him. Benally further admitted that at some point he handed the sledgehammer to Gabriel Largo who used it to strike the victim.
On March 5, 2015, Gabriel Largo pled guilty to a felony information charging him with assault, and admitted that on Sept. 5, 2014, he and his co-defendants assaulted the victim. When the victim ran away from them, Gabriel Largo and his co-defendants chased the victim, threw rocks at him and knocked him down. In his plea agreement, Gabriel Largo admitted obtaining a sledgehammer from Benally and using it to strike the victim.
Joshua Largo also pled guilty to a felony information on March 5, 2015, and admitted his participation in a conspiracy to assault the victim. Joshua Largo admitted joining his co-defendants in chasing the victim, throwing rocks at him and knocking him down, and hitting and kicking the victim.
At sentencing, Benally and Gabriel Largo face a maximum statutory penalty of ten years imprisonment and Joshua Largo faces a statutory maximum penalty of five years in prison. Their sentencing hearings have 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 Linda Mott.
California Man Arrested on Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Efrain Sanchez Jr., 26, of San Bernardino, Calif., made his initial appearance this morning in federal court in Albuquerque, N.M., on a criminal complaint charging him with possession of methamphetamine with intent to distribute. Sanchez remains in federal custody pending a preliminary hearing and a detention hearing which are scheduled for March 30, 2015.
Sanchez was arrested yesterday after DEA agents allegedly seized approximately 11.22 pounds of methamphetamine from his baggage during a consensual search at the Greyhound Bus Station in Albuquerque.
If convicted on the charge in the criminal complaint, Sanchez faces a statutory maximum penalty of not less than ten years and not more than life in 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 David M. Walsh is prosecuting the case.
Albuquerque Man Pleads Guilty to Federal Mail Fraud and Identity Theft ChargesRead the Press Release
ALBUQUERQUE – Jeremy Boucher, 28, of Albuquerque, N.M., pleaded guilty this morning to mail fraud and identity theft charges. The guilty plea was entered without the benefit of a plea agreement.
Boucher was arrested on Nov. 25, 2014, on a criminal complaint charging him with mail theft and possession of stolen mail from Dec. 2013 through Oct. 2014, in Bernalillo County, N.M. The complaint alleged that on Nov. 14, 2014, U.S. Postal Inspectors and the Albuquerque Police Department executed a search warrant on Boucher’s residence where they uncovered large amounts of stolen mail, including financial documents, dating back to Dec. 2013.
Boucher was subsequently charged in a four-count indictment on Jan. 8, 2015. Counts 1 and 2 charged Boucher with mail theft from Nov. 2013 through Oct. 2014. Count 3 charged Boucher with an attempt to execute a scheme to obtain money by false pretenses through the use of another person’s bank accounts, and Count 4 charged Boucher with identity theft.
During today’s proceedings, Boucher pled guilty to the four-count indictment. At sentencing, Boucher faces a statutory maximum penalty of five years in federal prison on the mail theft charges and 30 years in prison on the bank fraud charge. He also will be sentenced to a mandatory two-years in prison on the identity theft charge that must be served consecutive to any sentence imposed on the theft and bank fraud charges.
This case was investigated by the U.S. Postal Inspection Service and the Albuquerque Police Department. Assistant U.S. Attorney Paul Mysliwiec is prosecuting this case.
Shiprock Man Pleads Guilty to Federal Theft ChargeRead the Press Release
ALBUQUERQUE – Orlando J. Johnson, 23, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with theft occurring in Indian Country.
Johnson was arrested on Oct. 31, 2014, after officers of the Navajo Nation Division of Public Safety were called to a fast food restaurant in Shiprock in response to a report that an elderly Navajo man had been robbed of his wallet and money. According to the criminal complaint, Johnson followed the victim out of the restaurant and stole the wallet from the victim’s pocket. The victim chased Johnson for approximately half a mile in his truck until he caught up to Johnson, who returned the wallet.
During today’s proceedings, Johnson pled guilty to a felony information charging him with theft occurring in Indian Country. In entering the guilty plea, Johnson admitted that on Oct. 23, 2014, in San Juan County, N.M., he stole a wallet and cash from the victim.
At sentencing, Johnson faces a statutory maximum penalty of five years of imprisonment followed by at least one year of supervised release. Johnson has been in federal custody since his arrest. He remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting this case.
Santa Fe Woman Sentenced to Prison for Federal Oxycodone Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Sarah N. Romero, 35, of Santa Fe, N.M., was sentenced in federal court in Albuquerque, N.M., this morning to 18 months in federal prison followed by three years of supervised release for her Oxycodone trafficking conviction. Romero is one of five Santa Fe residents charged in Sept. 2013, with participating in an Oxycodone trafficking ring in a 16-count indictment.
Romero and her co-defendants, Ashraf Nassar, 31, Phillip Anaya, 38, Krystal Holmes, 28, and Daniel Trujillo, 32, were arrested as part of a multi-agency law enforcement operation that included the execution of search warrants at three residences and a business in Santa Fe. The investigation, “Operation High Desert Bash,” was initiated in Jan. 2013 by the DEA’s Tactical Diversion Squad in Albuquerque, N.M., the Santa Fe Police Department and HIDTA Region III Narcotics Task Force in response to the epidemic increase in prescription drug abuse, addiction and overdose deaths in New Mexico, particularly among teens and young adults.
Operation Desert Bash 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. The investigation primarily targeted a drug trafficking organization unlawfully distributing quantities of Oxycodone in Santa Fe County. Oxycodone is an opioid narcotic pain reliever similar to morphine that is medically prescribed to treat moderate to severe pain and can be habit-forming. Officers seized approximately 7300 mg of Oxycodone during the investigation.
Count 1 of the 16-count indictment charged the five defendants with conspiracy to distribute Oxycodone in Santa Fe County between Dec. 2012 and Sept. 2013. Counts 2 through 4 of the indictment charged Nassar, Anaya and Holmes with substantive Oxycodone distribution offenses, and all five defendants were charged with using telephones to facilitate drug trafficking crimes in Counts 5 through 16.
Romero pled guilty on Oct. 28, 2014, to a conspiracy count and admitted her participation in a conspiracy to distribute Oxycodone in the Santa Fe area between Dec. 2012 and Sept. 2013. Romero further admitted that she would frequently receive oxycodone from Nassar which she would then redistribute, and would also supply Nassar with oxycodone which he would redistribute. Romero is responsible for trafficking 6, 240 mg of oxycodone.
Two of Romero’s co-defendants also have entered guilty pleas. Anaya pled guilty on Nov. 19, 2014, and Trujillo pled guilty on Jan. 30, 2015. Each admitted participating in the Oxycodone trafficking conspiracy and admitted receiving Oxycodone from Nassar which they redistributed. Under the terms of their respective plea agreements, Anaya will be sentenced to 46 months in federal prison and Trujillo faces a statutory maximum penalty of 20 years in federal prison. Both men remain in custody pending sentencing hearings.
Nassar and Holmes have entered pleas of not guilty and are awaiting trial. Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office, the Santa Fe Police Department and the HIDTA Region III Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson and Joel R. Meyers.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The HIDTA Region III Drug Enforcement Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and Santa Fe County Sheriff’s Office. It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which 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.
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.
Roswell Felon Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Carlos Franco, 35, of Roswell, N.M., was sentenced this afternoon in federal court in Las Cruces, N.M., to 27 months in prison followed by three years of supervised release for violating the federal firearms laws.
Franco was arrested on Feb. 26, 2014, on an indictment charging him with being a felon in possession of a firearm and ammunition, on June 5, 2013, in Chaves County, N.M. At the time, Franco was prohibited from possessing firearms or ammunition because he previously had been convicted of second degree murder and aggravated battery with a deadly weapon.
On Sept. 2, 2014, Franco pled guilty to the indictment, and admitted possessing a pistol and multiple round of ammunition on June 5, 2013.
This case was investigated by the Las Cruces office of Bureau of Alcohol, Tobacco, Firearms and Explosives and the Chaves County Sheriff’s Office. Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office prosecuted this case.
New Yorker Sentenced to 12 Months in Federal Prison for Marijuana Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Gary Anthony Harris, 50, of Carle Place, N.Y., was sentenced this morning in federal court in Las Cruces, N.M., to 12 months in federal prison followed by two years of supervised release for his conviction on marijuana trafficking charges.
Harris and co-defendant Eric Bernard Harris, 46, of St. Albans, N.Y., were charged by criminal complaint on Aug. 8, 2013, with conspiracy to distribute marijuana. The criminal complaint stated that on July 27, 2011, Carl Francis Carter, 61, of Deptford, N.J., was arrested in Hidalgo County, N.M., after an officer of the New Mexico Department of Public Safety Motor Transportation Division found 527 kilograms (1163 pounds) of marijuana concealed in Carter’s commercial vehicle during a routine inspection. Subsequent investigation by Homeland Security Investigations (HSI) linked Gary Harris and Eric Harris to the marijuana seized from Carter.
According to the criminal complaint, Carter had been in communication with Gary Harris on the night of his arrest, and Eric Harris had attempted to contact Carter the morning after his arrest. Investigations also revealed that Gary Harris and Eric Harris traveled from New York to Phoenix, Ariz., on July 17, 2011, to facilitate the purchase of the marijuana found in Carter’s commercial vehicle and to transport it from Tucson, Ariz., to New York. Gary Harris and Eric Harris traveled back to New York on July 27, 2011, following Carter’s arrest.
On Aug. 13, 2013, HSI agents arrested Gary Harris in Carle Place, N.Y., and Eric Harris in New York, N.Y. The two men subsequently appeared in Las Cruces federal court to face the charges against them. On Nov. 13, 2013, Gary Harris and Eric Harris were indicted and charged with conspiracy and possession of marijuana with intent to distribute.
On March 4, 2014, Gary Harris pleaded guilty to possession of marijuana with intent to distribute. In his plea agreement, Gary Harris admitted possession of 300 pounds of the marijuana that was found in Carter’s commercial vehicle. He also acknowledged that Carter was hauling a total of 527 kilograms (1163 pounds) of marijuana when he was arrested on July 27, 2011. Gary Harris further admitted traveling from New York to Phoenix to facilitate the purchase and transportation of the marijuana seized from Carter. As part of his plea agreement with the U.S. Attorney’s Office, Gary Harris forfeited $52,882.97 in drug proceeds which were seized from two bank accounts and a safe deposit box by HSI pursuant to seizure warrants.
Carter pled guilty to a marijuana trafficking charge on Jan. 31, 2012, and admitted knowingly possessing 527 kilograms of marijuana on July 27, 2011. Carter admitted knowing that the marijuana was concealed in his commercial vehicle and that he expected to be paid for delivering the marijuana for further distribution. Carter’s sentencing hearing has yet to be scheduled. He faces a penalty of not less than five years and not more than 40 years in prison when he is sentenced.
On March 7, 2014, Eric Harris pleaded guilty to both counts of the Indictment charging him with conspiracy to distribute marijuana and possession of marijuana with intent to distribute, and admitted conspiring with Gary Harris, Carter and others to distribute the 527 kilograms of marijuana found in Carter’s commercial vehicle. At sentencing, Eric Harris faces a sentence of not less than five years and not more than 40 years in prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Deming office of HSI with assistance from the New Mexico Department of Public Safety Motor Transportation Division, and is being prosecuted by Assistant U.S. Attorneys Randy M. Castellano and Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office.
Navajo Man from Magdalena Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Chris Apachito, 41, an enrolled member of the Navajo Nation who resides in Magdalena, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with sexually abusing four minor females over a twenty-one-year period. Under the terms of his plea agreement, Apachito will be sentenced to 25 years in federal prison followed by a term of supervised release to be determined by the court. Apachito will be required to register as a sex offender after completing his prison sentence.
Apachito was arrested on Nov. 21, 2014, on an indictment alleging the he sexually abused a child under the age of 16 from May 2012 through Jan. 2014. The indictment alleged that Apachito violated the young victim in locations within the Navajo Indian Reservation in Socorro County, N.M.
During today’s hearing, Apachito entered a guilty plea to a felony information charging him with having unlawful sexual contact with four children between 1991 and 2012. In entering his guilty plea, Apachito admitted sexually molesting an eight-year-old child and a six-year-old child between Sept. 1991 and Oct. 1991. He also admitted sexually molesting a 16-year-old child in March 2006, and a 13-year-old child between May 2012 and Sept. 2012. Apachito admitted that he committed these crimes in Alamo, N.M., which is within the Navajo Indian Reservation.
Apachito has been in the custody of the U.S. Marshals Service since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Attorneys Kristopher N. Houghton and Niki Tapia-Brito 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/.
Navajo Man from Arizona Sentenced for Federal Misdemeanor Assault Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Calvin Fuson, 44, an enrolled member of the Navajo Nation who resides in Winslow, Ariz., was sentenced this morning in federal court in Albuquerque, N.M., to 345 days or time served in federal prison for his misdemeanor assault conviction.
Fuson was arrested on April 17, 2014, on a criminal complaint alleging that on Dec. 25, 2013, he assaulted a Navajo man by stabbing him with a knife. According to the complaint, officers of the Navajo Nation Division of Public Safety responded to a call reporting a stabbing that occurred in Naschitti, N.M., which is located on the Navajo Indian Reservation. The victim was treated for a stab wound. Fuson subsequently was indicted and charged with assault resulting in serious bodily injury and assault with a dangerous weapon.
On Feb. 12, 2015, Fuson pled guilty to a misdemeanor information charging him with assault by striking, beating or wounding. In entering his guilty plea, Fuson admitted that on Dec. 25, 2013, while at his family’s residence in Naschitti, he stabbed the victim, a 50-year-old Navajo man, with a knife during a fight. Both Fuson and the victim required medical treatment for injuries he sustained during the fight.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Hobbs Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Sabre R. Carney, 24, of Hobbs, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to trafficking methamphetamine in Lea County, N.M.
Carney was arrested on Jan. 6, 2015, on a criminal complaint charging him with possession of methamphetamine and cocaine with intent to distribute. According to the complaint, officers of the Probation and Parole Division of the New Mexico Corrections Department found approximately 7.8 grams of cocaine and 3.1 grams of marijuana in Carney’s pockets and a handgun, 20.9 grams of methamphetamine and 22.7 grams of cocaine in a vehicle parked in the driveway of Carney’s residence when they conducted a home visit on Nov. 19, 2014. The Probation and Parole officers then contacted the Lea County Drug Task Force (LCDTF) who obtained a search warrant for Carney’s residence where they found approximately 87.5 gram of methamphetamine, electronic scales and $981.00 in cash.
During today’s proceedings, Carney pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering his guilty plea, Carney admitted that on Nov. 19, 2014, a probation officer searched the vehicle and found methamphetamine and a handgun. Carney further admitted that LCDTF officers found methamphetamine, which he intended to distribute to others, when they searched his residence later that same day.
At sentencing, Carney faces a mandatory minimum of five years and a maximum of 40 years in federal prison followed by at least four years of supervised release. He remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the Lea County Drug Task Force, with assistance from the Probation and Parole Division of the New Mexico Corrections Department. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Jaime Juan Alvarado, 36, of Roswell, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.
Alvarado was arrested on Jan. 20, 2015, in Roswell after agents and officers from the DEA, Chaves County Metro Narcotics Task Force and the Lea County Drug Task Force executed a federal search warrant at his residence. According to the criminal complaint, the law enforcement officers seized approximately 35.7 grams of methamphetamine, heroin, several safes and a digital scale when they executed the search.
During today’s proceedings, Alvarado pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Alvarado admitted that on Jan. 20, 2015, in Chaves County, N.M., agents executed a federal search warrant on his residence and found methamphetamine in his kitchen which he planned to distribute to others.
Alvarado remains in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Alvarado faces a maximum of 20 years in federal prison followed by a minimum of three years of supervised release.
This case was investigated by the Las Cruces office of the DEA, the Chaves County Metro Narcotics Task Force and the Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case.
The Chaves County Metro Narcotics Task Force and the Lea County Drug Task Force are part of the NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Prior Felon from Eunice Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Ramon Perez, Sr., 33, of Eunice, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to violating federal firearms laws. Under the terms of his plea agreement, Perez will be sentenced to 72 months in federal prison followed by a term of supervised release to be determined by the court.
Perez is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Perez was arrested on Nov. 17, 2014, on an indictment charging him with unlawfully possessing firearms and ammunition on Dec. 31, 2013, in Lea County, N.M. At the time, Perez was prohibited from possessing firearms and ammunition because he previously had been convicted of numerous felony offenses including possession of cocaine, discharging a firearm, possession of narcotics with intent to distribute, possession of a firearm during the commission of a felony and possession of a controlled substance.
During today’s proceedings, Perez pled guilty to the indictment and admitted possessing three pistols, two of which had obliterated serial numbers, and multiple rounds of ammunition.
Perez has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lea County Drug Task Force and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Fourth Defendant Pleads Guilty to Second Degree Murder Charge in Case Arising from Kidnapping and Murder of Navajo WomanRead the Press Release
ALBUQUERQUE – Scott Thompson, 28, of Farmington, N.M., pled guilty today to a second degree murder charge arising out of the kidnapping and brutal murder of a 28-year old Navajo woman. Three co-defendants, Justin Benally, 26, of Farmington, N.M., Mariah Benally, 22, and LaSheena Jacquez, 27, both of Kirtland, N.M., entered similar guilty pleas in Oct. and Nov. 2014.
Thompson, Justin Benally, Mariah Benally and Jacquez are four of five individuals, all of whom are enrolled members of the Navajo Nation, who were indicted in Jan. 2014, on criminal charges arising from the kidnapping and murder of the victim on Oct. 23, 2013. The five defendants previously had been arrested in Dec. 2013, on a criminal complaint that was filed after law enforcement authorities received information that the victim, who had been reported as missing in Nov. 2013, had been murdered. The victim’s remains were recovered on Dec. 9, 2013.
In addition to charging Thompson, Justin Benally, Mariah Benally and Jacquez, the four-count indictment also charged Patrick Benally, 26, of Kirtland, N.M., with first degree murder, kidnapping, and conspiracy to kidnap. It also charged Justin Benally, Mariah Benally, Jacquez and Thompson with harboring Patrick Benally to prevent his arrest on a warrant for an unrelated crime. The indictment alleges that the crimes charged occurred on the Navajo Indian Reservation within San Juan County, N.M.
This morning, Thompson pled guilty to a felony information charging him with second degree murder. In entering his guilty plea, Thompson admitted aiding and abetting the victim’s murder by participating in her kidnapping and taking actions that ultimately resulted in the victim’s death. Under the terms of his plea agreement, Thompson will be sentenced to a term of imprisonment within the range of 252 to 360 months (21 to 30 years).
On Nov. 19, 2014, Justin Benally pled guilty to a felony information charging him with second degree murder. In entering his guilty plea, Justin Benally admitted aiding and abetting the victim’s murder by participating in her kidnapping and taking actions that ultimately resulted in the victim’s death. Under the terms of his plea agreement, Justin Benally will be sentenced to a 22-year term of imprisonment.
On Oct. 29, 2014, Mariah Benally also pled guilty to a second degree murder charge. Mariah Benally admitted causing the victim’s death by throwing rocks at her, and aiding and abetting others who also caused the victim’s death. She also admitted throwing rocks at the victim after the victim had been repeatedly stabbed by three of her co-defendants and thrown off a cliff by one of the co-defendants. Mariah Benally also aided her co-defendants in restraining the victim and transporting her to the murder site, and destroying evidence of their crimes.
Jacquez pled guilty to a second degree murder charge on Oct. 16, 2014, and admitted causing the victim’s death on Oct. 23, 2013, by repeatedly stabbing the victim with a knife, throwing rocks at the victim, and aiding and abetting others who also caused the victim’s death. Jacquez also admitted that she destroyed evidence and aided and abetted others in the destruction of evidence in an effort to evade prosecution.
Thompson, Justin Benally, Mariah Benally and Jacquez have been in federal custody since they were arrested and remain detained pending their sentencing hearings, which have yet to be scheduled. Each faces a maximum statutory penalty of life imprisonment.
Patrick Benally has entered a not guilty plea to the indictment and is detained pending trial, which is currently scheduled for May 2015. If convicted of the charges in the indictment, Patrick Benally faces a maximum statutory penalty of life imprisonment. Charges in indictments are merely accusations and defendants are presumed innocent unless convicted in a court of law.
This case was investigated by the Farmington office of the FBI, the Farmington Police Department and the San Juan County Sheriff’s Office. Assistant U.S. Attorneys Niki Tapia-Brito and David Adams are prosecuting the case.
Shiprock Man Sentenced to Federal Prison for Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Lorin Nelson Dee, 49, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in federal prison followed by five years of supervised release for his federal abusive sexual contact conviction.
Dee was arrested in April 2014, on a criminal complaint charging him with aggravated sexual abuse and abusive sexual contact. Dee subsequently was indicted on those two charges on May 7, 2014. According to court filings, Dee forced a Navajo woman to engage in a sexual act on April 23, 2014, at a location within the Navajo Indian Reservation in San Juan County, N.M.
On Dec. 8, 2014, Dee pled guilty to Count 2 of the indictment, charging him with abusive sexual contact. In his plea agreement, Dee admitted using force to sexually abuse the victim by intentionally touching and rubbing her breast on April 23, 2014.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
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.
Mexican National Sentenced for Methamphetamine and Cocaine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Miguel Angel Tinajero-Martinez, 25, a Mexican national illegally in the United States, was sentenced today in federal court in Las Cruces, N.M., to 51 months in federal prison for his methamphetamine and cocaine trafficking convictions. He will be deported after he completes his prison sentence.
Tinajero-Martinez was indicted on Feb. 19, 2014, under the moniker “4 Runner” and was charged with conspiracy and distribution of methamphetamine. He was arrested on Feb. 27, 2014, and has been in federal custody since that time.
On July 24, 2014, Tinajero-Martinez entered a guilty plea to a four-count felony information charging him with (1) conspiracy; (2) distribution of methamphetamine in Doña Ana County, N.M., on Jan. 27, 2014; (3) distribution of methamphetamine in Doña Ana County, N.M., on Feb. 27, 2014; and (4) possession of cocaine with intent to distribute in El Paso County, Texas, on Feb. 27, 2014.
According to court records, Tinajero-Martinez conspired with others to distribute three kilograms of methamphetamine in Doña Ana County, N.M., between Dec. 2, 2013 and Feb. 27, 2014. More specifically, Tinajero-Martinez distributed a kilogram of methamphetamine to an undercover agent on Jan. 27, 2014, and two kilograms of methamphetamine to undercover agents on Feb. 27, 2014. The drug transactions were negotiated by Tinajero-Martinez’s co-conspirators and Tinajero-Martinez delivered the methamphetamine to the agents. Tinajero-Martinez also possessed seven kilograms of cocaine at his home in Horizon, Texas; he waived venue to permit him to enter his guilty plea in federal court in New Mexico.
The indictment in this case was the result of a multi-agency investigation that was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is 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 was investigated by the Las Cruces office of the FBI and Las Cruces/Doña Ana County Metro Narcotics Agency, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Mexican National Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Yareli Jasmin Bustamante-Conchas, 28, a Mexican citizen illegally residing in Albuquerque, N.M., pleaded guilty this morning to a federal heroin trafficking charge.
Bustamante-Conchas was arrested on a criminal complaint on Aug. 29, 2014, in Bernalillo County, N.M., after DEA agents seized approximately 745.4 grams of heroin, drug packaging materials and $42,818.47 in U.S. currency from Bustamante-Conchas’ residence during a consensual search.
Bustamante-Conchas was subsequently indicted on Sept. 23, 2014, and charged with possession of heroin with intent to distribute. The indictment included forfeiture provisions seeking an order requiring Bustamante-Conchas to forfeit $102,000.00 representing drug proceeds in addition to the $42,818.47 seized from her home on Aug. 29, 2014.
During today’s proceedings, Bustamante-Conchas pled guilty to the indictment and admitted that on Aug. 28, 2014, DEA agents seized 745.4 grams of heroin, approximately $42,818.47 in cash and drug packaging materials from her home. Bustamante-Conchas also admitted that she was illegally present in the United States and had been making approximately $3,000.00 a week by distributing heroin since Dec. 2013.
Bustamante-Conchas has been in federal custody since her arrest and remains detained pending a sentencing hearing which has yet to be scheduled. At sentencing, Bustamante-Conchas faces a mandatory minimum of five years and a maximum of 40 years in prison. She will be deported after completing her prison sentence.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.
This case was 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.
Farmington Man Sentenced to Five Years in Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Pedro Lucero, 38, of Farmington, N.M., was sentenced this morning in federal court in Albuquerque, N.M., for his methamphetamine trafficking conviction. Lucero was sentenced to five years in federal prison followed by three years of supervised release.
Lucero was one of 29 individuals charged in Feb. 2014, with drug trafficking charges as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico. The investigation culminated on Feb. 26, 2014, when 26 of the defendants were arrested during a law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force. Two other defendants were arrested during the course of the investigation and the final defendant was arrested on March 3, 2014.
The 29 defendants were charged as a result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization led by Isaac Anaya that distributed quantities of methamphetamine throughout San Juan County and expanded to include other drug trafficking activity in the area. 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.
Thirteen of the defendants, including ringleader Isaac Anaya, 31, of Farmington, N.M., were charged in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013. The remaining 16 defendants were charged with state drug trafficking and firearms offenses based on criminal complaints. During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms. The law enforcement operation on Feb. 24, 2014, included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington businesses and a storage unit in Bloomfield. It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence. Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and the law enforcement operation.
The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department. Assistant U.S. Attorneys Reeve L. Swainston and Shana B. Long are prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
El Paso Man Sentenced to Federal Prison for Transporting Illegal Aliens in New MexicoRead the Press Release
ALBUQUERQUE – Victor Corral, 25, of El Paso, Texas, was sentenced this morning in federal court in Las Cruces, N.M., to 27 months in federal prison followed by three years of supervised release for transporting illegal aliens into Doña Ana County, N.M.
Corral was arrested on July 24, 2014, on a criminal complaint charging him with conspiracy to transport illegal aliens. According to the complaint, on that day, U.S. Border Patrol Agents encountered Corral along with four other individuals traveling on New Mexico Highway 9. At the time of the encounter, Corral and the driver of the vehicle were transporting three illegal aliens from the United States/Mexico border where the illegal aliens had unlawfully entered the country to a location in El Paso, Texas. According to the criminal complaint, Corral made a post arrest statement in which he acknowledged that he earned approximately $3,000.00 a week over a nine-month period for smuggling illegal aliens from El Paso to other locations in the United States.
Corral pled guilty on Sept. 5, 2014, to a felony information charging him with conspiracy to transport illegal aliens. The plea was entered without the benefit of a plea agreement.
This case was investigated by the Santa Teresa Customs and Border Protection/U.S. Border Patrol and was prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
California Man Sentenced to Federal Prison for Multi-State Bank Fraud SchemeRead the Press Release
ALBUQUERQUE – Kevin Cohn, 31, of Rialta, Calif., was sentenced this morning to 33 months followed by three years of supervised release for his conspiracy to commit bank fraud conviction. Cohn was also ordered to pay $30,514.16 in restitution.
Cohn’s co-defendants, Denny Smith, 51, of Hesperia, Calif., and Michael Anthony Bjornethun, 40, of Riverside, Calif., were charged with bank fraud offenses in a criminal complaint filed on Jan. 13, 2014. The two subsequently were indicted on Jan. 22, 2014, and charged with conspiracy to commit bank fraud and five counts of bank fraud.
Cohn was added as a defendant to the case in a 12-count superseding indictment filed on March 26, 2014. Count 1 of the indictment charged Smith and Cohn with conspiracy to commit bank fraud and Count 2 charged Smith and Bjornethun with the same offense. Counts 3 through 12 charged the three men with individual bank fraud offenses. According to the superseding indictment and other court filings, Cohn, Smith and Bjornethun perpetuated a scheme in Jan. 2014, to defraud a bank by using counterfeit debit cards to purchase items from U.S. Post Offices in New Mexico, Arizona and Texas.
On Dec. 9, 2014, Cohn pled guilty to Count 1 of the superseding indictment charging him with conspiracy to commit bank fraud. In entering his guilty plea, Cohn admitted that in Jan. 2014, he traveled with Smith from California to Arizona, New Mexico and Texas, where they visited various post offices and purchased stamps, gift cards and other items with counterfeit debit cards. Cohn admitted that the purpose of the trip was to commit fraud. In his plea agreement, Cohn admitted that he and his co-conspirators perpetuated fraud in the amount of $30,505.52 during the life of their bank fraud scheme.
Cohn’s co-defendants previously entered guilty pleas and have been sentenced. Smith entered a guilty plea on June 24, 2014, to Counts 1 and 2 of the superseding indictment. He was sentenced on Aug. 25, 2014, to 27 months in federal prison followed by three years of supervised release. Bjornethun plead guilty to the original indictment without the benefit of a plea agreement on March 19, 2014. On June 30, 2014, he was sentenced to 172 days of time served followed by two years of supervised release.
This case was investigated by the U.S. Postal Inspection Service and was prosecuted by Assistants U.S. Attorney Samuel A. Hurtado and C. Paige Messec.
Statement by U.S. Attorney Damon P. Martinez on the Fatal Shooting of Navajo Tribal Police Officer Alex YazzieRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez released the following statement today regarding the fatal shooting of Alex Yazzie, a Police Officer with the Navajo Nation Division of Public Safety who was commissioned as a Special Federal Officer by the BIA’s Office of Justice Services:
“Officer Alex Yazzie was a dedicated law enforcement officer and a courageous public servant. Although he was taken from us so suddenly and far too soon, Officer Yazzie leaves behind an indelible legacy that will live on in the lives he touched through the work that the BIA, the Navajo Nation Division of Public Safety and all tribal police officers continue to perform to safeguard and protect our tribal communities. His loss is a tragic reminder that the work of our law enforcement officers is profoundly heroic and deserving of our most emphatic support. The thoughts and prayers of the law enforcement community will be with Officer Yazzie’s family and loved ones throughout this difficult time. And as we go forward, the Department of Justice and the U.S. Attorney’s Office intend to honor his service and his sacrifice by continuing to fight for the values he protected every day, and to protect the tribal communities for whom he gave his life.”
Non-Indian Man from Albuquerque Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Alex R. Alicea pleaded guilty today in federal court to assaulting an Indian man by threatening him with a firearm at a convenience store located in Albuquerque, N.M., on land held in trust by the United States for the 19 Indian Pueblos in New Mexico.
Alicea, 33, a non-Indian man who resides in Albuquerque, was arrested on Oct. 31, 2014, on a criminal complaint alleging that he assaulted an Oglala Sioux Indian man on Oct. 26, 2014, by brandishing a firearm at him. According to the criminal complaint, the assault occurred at the Four Winds Travel Center, which is next to the Indian Pueblo Cultural Center on land that is deemed as Indian Country in Albuquerque.
During today’s proceedings, Alicea pled guilty to a felony information charging him with aggravated assault with a deadly weapon. In entering his guilty plea, Alicea admitted that on Oct. 26, 2014, he assaulted the victim by intentionally and recklessly displaying a firearm in a threatening manner.
At sentencing, Alicea faces a statutory maximum penalty of 18 months in federal prison followed by a term of supervised release to be determined by the court. A sentencing hearing has not yet been scheduled.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Albuquerque Police Department. Assistant U.S. Attorney Novaline Wilson is prosecuting this case.
Member of Las Cruces-Based Prescription Drug Trafficking Ring Sentenced to Federal PrisonRead the Press Release
ALBUQUERQUE – Kyle Mendenhall, 21, of Las Cruces, N.M., was sentenced today in Las Cruces federal court to 18 months in prison followed by three years of supervised release for his prescription drug trafficking conviction.
Michael Garret Schavier, 31, Juan Rubalcava, 41, Michael Frye, 26, Shane Smolik, 27, Carlos Teran, 31, and Kristopher Hollingshead, 25, all of Las Cruces, N.M., were charged in a 14-count indictment that was filed by a federal grand jury in Las Cruces on Dec. 13, 2012. The indictment alleged that between Dec. 2011 and May 2012, the defendants conspired illegally to distribute Oxycodone and Adderall Doña Ana County, N.M. The indictment also charged members of the conspiracy with possession of Oxycodone and Adderall with intent to distribute.
According to the indictment, the defendants used fraudulent prescriptions to obtain Oxycodone, a painkiller, and Adderall, a stimulant, from pharmacies in Las Cruces and Alamogordo, N.M. The indictment alleged that, during a six-month period, the defendants fraudulently obtained an aggregate of 2,691 pills of Oxycodone (30 mg), 120 pills of Oxycodone (15 mg), and 390 pills of Adderall (30 mg), with the intention of unlawfully distributing the pills.
Mendenhall pled guilty on Dec. 27, 2013, to one count of conspiracy, one count of distributing Oxycodone and three counts of distributing Oxycodone and Adderall. He admitted that between May 3 and May 17, 2012, he obtained a total of 1,131 tablets of Oxycodone and 210 tablets of Adderall by passing fraudulent prescriptions at various pharmacies, often with the assistance of his codefendants Schavier and Rubalcava.
All eight defendants have entered guilty pleas:
- Rubalcava pled guilty on April 18, 2013, and was sentenced on Feb. 11, 2014, to 120 months in prison.
- Frye pled guilty on Jan. 22, 2014, and was sentenced on Aug. 25, 2014, to 12 months in prison.
- Smolik pled guilty on April 11, 2013, and was sentenced on Oct. 9, 2013, to 15 months in prison.
- Hollingshead pled guilty on April 18, 2013, and was sentenced on Sept. 23, 2013, to eight months in prison.
- Schavier pled guilty on Feb. 11, 2014, and Teran pled guilty on Feb. 3, 2014. Both are awaiting sentencing hearings, which have yet to be scheduled.
This case was investigated by the Tactical Diversion Squad of the El Paso Division of the DEA, the U.S. Marshals Service, U.S. Border Patrol, the Doña Ana County Sheriff’s Office and the Alamogordo Department of Public Safety. Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
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.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaboration 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.
Former Office Manager of Hobbs Business Pleads Guilty to Federal Tax ChargesRead the Press Release
ALBUQUERQUE – Connie C. Sims, 43, of Eunice, N.M., pled guilty late yesterday afternoon to federal tax evasion charges in federal court in Las Cruces, N.M., for violating the federal tax laws, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Dawn Mertz of the Phoenix Field Office of IRS Criminal Investigation.
Sims was charged with four counts of federal tax evasion in an indictment filed in Sept. 2014. The indictment charged Sims with evading her federal tax obligations during tax years 2009, 2010, 2011 and 2012 by failing to report her true income. At the time the offenses were committed, Sims was employed as the office manager of a surveillance equipment company located in Hobbs, N.M.
During yesterday’s proceedings, Sims pled guilty to all four counts of the indictment and admitted that she knowingly evaded approximately $120,366.00 in federal taxes by failing to report an aggregate of $482,890.00 in income during tax years 2009, 2010, 2011 and 2012. In her plea agreement, Sims admitted that from 2010 through 2013, she wrote checks to herself on the company’s bank accounts and did not report the money as compensation when she filed her federal tax returns. Sims acknowledged deriving an aggregate amount of $482,890.00 by writing checks to herself, which resulted in a loss of $120,366.00 to the IRS when she failed to report the income in her federal tax returns.
At sentencing, Sims faces a statutory maximum penalty of five years in federal prison on each of the four tax evasion counts. Under the terms of the plea agreement, Sims will be required to pay $120,336.00 in restitution to the IRS. Sims remains on conditions of release and under pretrial supervision pending her sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.
Former NMSU Student Pleads Guilty to Hindering Investigation into Internet Threats to Shoot up the UniversityRead the Press Release
ALBUQUERQUE – Zachary Milton Hess, 19, of Las Cruces, N.M., pleaded guilty this afternoon in federal court to a misdemeanor information charging him with being an accessary after the fact to the interstate transmission of an extortionate communication. Under the terms of his plea agreement, Hess will be sentenced to five years of probation and ordered to pay $77,934.00 in restitution.
Hess was arrested on Aug. 25, 2014, on a criminal complaint charging him with sending in interstate commerce a threat to shoot up his college campus. According to the criminal complaint, on May 27, 2014, an individual anonymously threatened to “shoot [his] college campus up in 3 days” and identified his college as New Mexico State University (NMSU) while “chatting” on an Internet website. The threat subsequently was posted on to NMSU’s Facebook page and was passed onto law enforcement, including the FBI. The FBI’s investigation revealed that the IP Address from which the threat was posted was subscribed to Hess’s residence. An examination of Hess’s computer revealed that it had been used to visit the website on the same date and time on which the threat was posted.
The criminal complaint states that NMSU expended significant resources in responding to the threat. Among other things, NMSU officials informed approximately 18,774 students, facility, staff and private citizens about the anonymous threat; advised students, faculty and staff to depart the campus; and shut down its new student registration process. NMSU lost approximately 1,000 staff hours in responding to the threat.
During today’s proceedings, Hess pled guilty to being an accessory after the fact to the interstate transmission of an extortionate communication. In his plea agreement, Hess admitted that on May 29, 2014, he knew that communications had been sent over the Internet making threats to shoot up NMSU and that he assisted in hindering the investigation into the threats.
Hess remains on conditions of release pending his sentencing hearing, which has yet to be schedule. The plea agreement requires that Hess be sentenced to five years of probation and to pay $77,934.00 in restitution to cover the costs of NMSU’s response to the threats.
This case was investigated by the Las Cruces office of the FBI and the NMSU Police Department, and is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.
Ramah Man Sentenced to Ten Years in Federal Prison for Possession of a Stolen FirearmRead the Press Release
ALBUQUERQUE – Kenneth Durante, 57, of Ramah, N.M., was sentenced today to 120 months in federal prison for his possession of a stolen firearm conviction. Durante will be on supervised release for three years after completing his term of incarceration.
Durante was arrested on Jan. 6, 2014, in Gallup, N.M., on an indictment charging him with being a felon in possession of a firearm. The indictment alleged that Durante unlawfully possessed a firearm and ammunition on July 6, 2013, in McKinley County, N.M. At the time, Durante was prohibited from possessing firearms and ammunition because he previously had been convicted of aggravated burglary, aggravated assault, aggravated battery, attempted second degree murder and possession of marijuana.
On Dec. 3, 2014, Durante pled guilty to a felony information charging him with possession of a stolen firearm. Durante admitted possessing a loaded revolver which had been stolen from a residence when he was encountered by law enforcement on July 6, 2013, in McKinley County, N.M.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the McKinley County Sheriff’s Office. This case was prosecuted by Assistant U.S. Attorney David M. Walsh.
The case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.