District of New Mexico
Press releases recorded for this federal judicial district.
Louisiana Man Sentenced to Prison for Failure to Update Sex Offender Registration While Residing in New MexicoRead the Press Release
ALBUQUERQUE – Undrio Antwanne Roebuck, 43, of Shreveport, La., was sentenced this morning in federal court in Las Cruces, N.M., to a year and a day in federal prison for failing to comply with the Sex Offender Registration and Notification Act (SORNA) while residing in Hobbs, N.M. Roebuck will be on supervised release for five years after completing his prison sentence. He also will be required to register as a sex offender after he completes his prison sentence.
U.S. Attorney Damon P. Martinez said that Roebuck was convicted for violating SORNA, known as the Adam Walsh Protection and Safety Act. SORNA requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations. SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the U.S., and aims to close gaps and loopholes that existed under prior law and generally strengthens the nationwide network of sex offender registration and notification programs.
“The Marshals Service remains committed to the safety of our many communities, and by working with our local, county, tribal and state law enforcement agencies, every investigative lead will be exhausted,” said U.S. Marshal Conrad E. Candelaria. “The goal is locating and apprehending sex offenders, a collaborative effort which has been embraced by law enforcement because many of these fugitives remain elusive and go through great lengths to avoid detection and apprehension. Through effective partnerships, our successes once again have resulted in a dangerous fugitive behind bars so he will no longer be a threat to our children, families and communities.”
Roebuck was arrested in Nov. 2013, in Shreveport, La., on an indictment charging him with failure to register as a sex offender while residing in Lea County, N.M. Roebuck was required to register as a sex offender because he had been convicted of sexually assaulting a minor in 1999. Based on that conviction, Roebuck is required to update his sex offender registration every 90 days for the rest of his life. Roebuck pled guilty to the indictment on March 11, 2014, without the benefit of a plea agreement.
This case was investigated by the Las Cruces office of the U.S. Marshals Service, the Lea County Sheriff’s Department and the Caddo Parish (Louisiana) Sheriff’s Department. Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Kewa Pueblo Man Sentenced to Seven Years in Federal Prison for Rape ConvictionRead the Press Release
ALBUQUERQUE – Javin Keith Reano, 22, a member and resident of Kewa Pueblo, N.M., was sentenced this morning to 84 months in federal prison for his aggravated sexual abuse conviction. Reano will be on supervised release for five years after completing his prison sentence. He will be required to register as a sex offender after he completes his prison sentence.
Reano was arrested in May 2014, on an indictment charging him with aggravated sexual abuse. According to court filings, on July 19, 2013, Reano sexually assaulted the victim, an Indian woman, in a location within Kewa Pueblo in Sandoval County, N.M.
Reano entered a guilty plea on Sept. 22, 2014, to the indictment and admitted raping the victim on July 19, 2013. In his plea agreement, Reano acknowledged forcing the victim to engage in a sexual act against her will.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services 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.
Acoma Pueblo Man Pleads Guilty to Assaulting Intimate Partner by StrangulationRead the Press Release
ALBUQUERQUE – Brian J. Juanico, 37, a member and resident of the Acoma Pueblo, N.M., pleaded guilty today to an indictment charging him with three counts of assault of an intimate partner by strangulation. The guilty plea was entered without the benefit of a plea agreement.
Juanico was arrested on Aug. 15, 2014, on a criminal complaint alleging that on April 6, 2014, he assaulted his intimate partner, an Acoma Pueblo woman, by strangulation. According to the complaint, Juanico committed the crime on the Acoma Indian Reservation in Cibola County, N.M. Court records reflect that Juanico was arrested on related tribal charges on May 1, 2014.
Juanico was indicted in Sept. 2014, in an indictment charging him with assaulting his intimate partner on April 6, 2014. The indictment alleged that Juanico strangled and attempted to suffocate the victim three separate and distinct times on that day.
Today Juanico pled guilty to all three counts of the indictment. He was remanded into federal custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing Juanico faces a statutory maximum sentence of ten years in federal prison.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and David Adams.
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.
Acoma Pueblo Man Pleads Guilty to Failure to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Mervin Hayah, 47, a member and resident of Acoma Pueblo, N.M., pled guilty this morning for failing to comply with the Sex Offender Registration and Notification Act (SORNA).
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Hayah was arrested on Nov. 20, 2013, in Grants, N.M., on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. On Dec. 17, 2013, Hayah was indicted for failing to update his registration between July 2013 and Oct. 2013 in Cibola County, N.M.
According to court filings, Hayah was convicted of a federal child sexual abuse offense in April 2002. On July 15, 2011, Hayah registered as a sex offender in Cibola County, N.M., and on April 29, 2013, he registered as a sex offender with the Acoma Pueblo Police in Acoma Pueblo. When he registered with Acoma Pueblo, Hayah was informed that he was required to update his registration by July 29, 2013. Records reflect that Hayah failed to update his registration as required.
Today Hayah pled guilty to the indictment. At sentencing, Hayah faces a statutory maximum penalty of ten years in prison. Hayah has been in federal custody since his arrest and remains detained pending his sentencing hearing.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and David Adams.
Former Rio Arriba County Sheriff Thomas R. Rodella Sentenced to Ten Years in Federal Prison for Criminal Civil Rights and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Thomas R. Rodella, 53, the former Rio Arriba County Sheriff, was sentenced today by U.S. District Court Judge James O. Browning for his conviction on criminal civil rights and firearms charges. Rodella was sentenced to 37 months in federal prison for his deprivation of rights conviction and an additional 84 months for brandishing a firearm while committing the civil rights offense, for an aggregate sentence of 121 months of imprisonment. Rodella will be on supervised release for three years after completing his prison sentence. Rodella also was ordered to pay a $200,000.00 fine.
In announcing Rodella’s sentence, U.S. Attorney Damon P. Martinez said, “When he attacked a defenseless innocent civilian, Sheriff Rodella chose to abuse his power rather than uphold his oath to protect the public. The Justice Department will continue to vigorously investigate and prosecute officers who cross that line because they discredit the noble service of every other law enforcement officer and weaken the public’s trust in those who are sworn to protect them. I commend the prosecutors and investigators for their outstanding work on this case.”
“The American people hold their law enforcement officers to high standards, and those standards are even higher for the leaders of public safety agencies. Although the FBI realizes the majority of officers perform their duties in an exemplary and even heroic manner, we will not hesitate to investigate those who betray the public's trust,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division. “I want to thank the FBI Special Agents and support staff who worked on this investigation, as well as the U.S. Attorney’s Office for a successful prosecution in this case.”
On Sept. 26, 2014, a federal jury found Rodella guilty of the crimes alleged in a two-count superseding indictment. Both crimes arose out of a March 11, 2014 incident occurring in Rio Arriba County, N.M., during which Rodella engaged in an unjustified high-speed pursuit and unreasonable seizure of a victim identified as “M.T.” Count 1 of the indictment charged Rodella with violating the victim’s civil rights by subjecting him to an unreasonable seizure while acting under color of law. Count 2 charged him with brandishing a firearm during a crime of violence. Rodella was the Sheriff of Rio Arriba County when the jury returned its guilty verdict. He resigned from his position as Sheriff on Sept. 29, 2014.
The trial evidence established that on March 11, 2014, Rodella and his son Thomas Rodella, Jr., who were in Rodella’s personal vehicle, engaged in an unjustified high-speed pursuit of the victim and used the vehicle to block the victim’s vehicle on a dead-end lane. Rodella, who was not in uniform, jumped out of his vehicle with firearm in hand, entered the victim’s vehicle, and assaulted the victim with the firearm. Rodella, Jr., dragged the victim out of his vehicle and identified the victim’s assailant as the Sheriff. When the victim requested to see Rodella’s badge, Rodella pulled the victim’s head up by his hair and slammed his badge into the victim’s face. The victim suffered injuries to his face and his hand as a result of the assault; the injury to the victim’s hand required surgical repair.
The evidence also established that Rodella instructed his deputies to arrest the victim and detain him at the Rio Arriba County Detention Center. The victim was released from custody two days later after appearing before a state magistrate, and the charges against him were dismissed on March 26, 2014. Deputies of the Rio Arriba Sheriff’s Office testified they did not conduct any investigation of the incident or prepare any reports until after the case was dismissed.
The case was investigated by the Albuquerque and Santa Fe offices of the FBI and was prosecuted by Assistant U.S. Attorneys Tara C. Neda and Jeremy Peña.
Former Rio Arriba County Sheriff Sentenced to 121 Months in Federal Prison for Criminal Civil Rights and Firearms ConvictionRead the Press Release
Thomas R. Rodella, 53, the former Rio Arriba County Sheriff, was sentenced today by U.S. District Court Judge James O. Browning for his conviction on criminal civil rights and firearms charges. Rodella was sentenced to 37 months in federal prison for his deprivation of rights conviction and an additional seven years for brandishing a firearm while committing the civil rights offense, for an aggregate sentence of 121 months of imprisonment. Rodella will be on supervised release for three years after completing his prison sentence. Rodella also was ordered to pay a $200,000 fine U.S. Attorney Damon P. Martinez for the District of New Mexico announced.
“When he attacked a defenseless innocent civilian, Sheriff Rodella chose to abuse his power rather than uphold his oath to protect the public,” U.S. Attorney Martinez said. “The Justice Department will continue to vigorously investigate and prosecute officers who cross that line because they discredit the noble service of every other law enforcement officer and weaken the public’s trust in those who are sworn to protect them. I commend the prosecutors and investigators for their outstanding work on this case.”
“The American people hold their law enforcement officers to high standards, and those standards are even higher for the leaders of public safety agencies,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division. “Although the FBI realizes the majority of officers perform their duties in an exemplary and even heroic manner, we will not hesitate to investigate those who betray the public's trust. I want to thank the FBI Special Agents and support staff who worked on this investigation, as well as the U.S. Attorney’s Office for a successful prosecution in this case.”
On Sept. 26, 2014, a federal jury found Rodella guilty of the crimes alleged in a two-count superseding indictment. Both crimes arose out of an incident occurring on March 11, 2014, in Rio Arriba County, New Mexico, during which Rodella engaged in an unjustified high-speed pursuit and unreasonable seizure of a victim identified as “M.T.” Count 1 of the indictment charged Rodella with violating the victim’s civil rights by subjecting him to an unreasonable seizure while acting under color of law. Count 2 charged him with brandishing a firearm during a crime of violence. Rodella was the sheriff of Rio Arriba County when the jury returned its guilty verdict. He resigned from his position as sheriff on Sept. 29, 2014.
The trial evidence established that on March 11, 2014, Rodella and his son Thomas Rodella Jr., who were in Rodella’s personal vehicle, engaged in an unjustified high-speed pursuit of the victim and used the vehicle to block the victim’s vehicle on a dead-end lane. Rodella, who was not in uniform, jumped out of his vehicle with firearm in hand, entered the victim’s vehicle and assaulted the victim with the firearm. Rodella Jr. dragged the victim out of his vehicle and identified the victim’s assailant as the sheriff. When the victim requested to see Rodella’s badge, Rodella pulled the victim’s head up by his hair and slammed his badge into the victim’s face. The victim suffered injuries to his face and his hand as a result of the assault; the injury to the victim’s hand required surgical repair.
The evidence also established that Rodella instructed his deputies to arrest the victim and detain him at the Rio Arriba County Detention Center. The victim was released from custody two days later after appearing before a state magistrate and the charges against him were dismissed on March 26, 2014. Deputies of the Rio Arriba Sheriff’s Office testified they did not conduct any investigation of the incident or prepare any reports until after the case was dismissed.
The case was investigated by the Albuquerque and Santa Fe offices of the FBI and was prosecuted by Assistant U.S. Attorneys Tara C. Neda and Jeremy Peña.
Lea County Man Sentenced to Twelve and a Half Years for Violating Federal Firearms LawsRead the Press Release
Little Prosecuted as Part of Federal “Worst of the Worst” Anti-Violence Initiative
ALBUQUERQUE – Cody Allen Little, 34, of Lovington, N.M., was sentenced today in federal court in Las Cruces, N.M., to 150 months in federal prison followed by three years of supervised release for violating the federal firearms laws. The sentence was announced by U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Lea County Sheriff Steve Ackerman.
U.S. Attorney Damon P. Martinez said that Little was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence 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.
“It is an honor to work with our federal partners to take dangerous criminals off our streets,” said 5th Judicial District Attorney Janetta B. Hicks.
“This investigation is an example of the hard work of ATF special agents and the excellent cooperation we have with our law enforcement partners. Because of this cooperation, we were able to seize these stolen firearms and remove them from this prohibited possessor,” said Special Agent in Charge Thomas G. Atteberry. “This sentence sends a clear message that gun crime equals hard time. The success of this investigation is attributed to the excellent undercover work that was conducted and the solid partnership between ATF, our law enforcement partners, and the United States Attorney’s Office.”
Little was arrested on a criminal complaint in June 2012, and subsequently was charged with being a felon in possession of firearms and ammunition and possession of stolen firearms in a superseding indictment. The superseding indictment alleged that Little unlawfully possessed firearms and ammunition, including a stolen assault rifle and a stolen shotgun, on Nov. 1, 2011, in Lea County, N.M. At the time, Little was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in the 5th Judicial District Court for the State of New Mexico in Lea County: (1) burglary, battery on a peace officer and possession of drug paraphernalia, (2) battery on a peace officer and resisting an officer, and (3) burglary and larceny.
On May 21, 2013, a federal jury found Little guilty on both counts of the superseding indictment. The trial evidence established that on the night of Oct. 24, 2011, the “Southwest Arms,” a gun shop in Lovington owned and operated by a federal firearms licensee (FFL), was burglarized and seven weapons, including several assault rifles, were stolen. Within days, law enforcement authorities and the FFL received tips leading them to focus on Little, who was renting in a converted well-house located on a residential property less than half a mile away from the gun shop, as a potential suspect in the burglary.
On Nov. 1, 2011, officers went to the residential property on which the well-house was located to follow up on the tips. While speaking with an individual at the residence, the officers saw Little walk out of the well-house and away from the area where the officers were standing, and disappear from sight. When an officer walked to the area where Little was last seen, he observed a storage shed with its doors secured in the open position. Glancing into the shed, the officer observed parts of an AR 15 style assault rifle and AR 15 style assault rifles in plain view.
After obtaining a search warrant for the property, officers recovered two firearms and ammunition from the well-house where Little was living. The first firearm, a .308 caliber assault rifle with a loaded 19-round magazine, was found inside a sleeping bag in the well-house. The second, a 12 gauge shotgun, was found under the bed in the well-house. Two shot gun shells were found on a shelf above the bed. Both firearms were among the weapons stolen from the gun shop on Oct. 24, 2011. After confirming that Little was residing in the well-house, the officers arrested Little on state charges on Nov. 2, 2011. The state charges against Little were dismissed after he was arrested on federal charges.
The case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance from the 5th Judicial District Attorney’s Office, the Lovington Police Department and the Lea County Sheriff’s Department, and was prosecuted by Assistant U.S. Attorneys Marisa A. Lizarraga and Shaheen P. Torgoley.
Justice Department and the City of Albuquerque Jointly Select Independent Monitor to Oversee Police ReformsRead the Press Release
ALBUQUERQUE – The Justice Department announced today that, jointly with the city of Albuquerque, it is notifying the District Court of the selection of Dr. James R. Ginger – a nationally recognized expert on police reform and organizational change – as the independent monitor of the settlement agreement entered into by the department and the city of Albuquerque to reform the Albuquerque Police Department (APD). Ginger and his team will be responsible for independently assessing the full implementation of the settlement agreement; reporting on the status of compliance to the court, the parties and the community; assisting the parties in resolving compliance challenges that may emerge; and providing technical guidance as needed to the APD.
Ginger has successfully overseen similar court-enforceable agreements aimed at increasing community trust and implementing sustainable police reforms. He has first-hand experience in ensuring critical reform across the country and a proven record of timely implementing reform. He was appointed as independent monitor over the first consent decree ever obtained by the Justice Department in Pittsburgh, Pennsylvania, as part of its enforcement of civil rights laws aimed at ensuring constitutional and effective policing. He worked closely with the parties and the Pittsburgh Bureau of Police to implement comprehensive reforms, designed to address excessive use of force, false arrests, improper searches and seizures, failures in the disciplinary system and inadequate first-line supervision. He was also appointed as monitor over the consent decree involving the New Jersey State Police and its efforts to eradicate discriminatory policing practices. Ginger has been a leader in developing monitoring technologies and methodologies used in evaluating compliance with federal consent decrees. Ginger has also worked with law enforcement agencies in New York, Ohio, Texas, Florida, Georgia, Alabama, Indiana and others. He is currently the Chief Executive Officer of Public Management Resources Inc. (PMR) and is responsible for strategic planning, marketing, budgeting and management.
Before founding PMR, Ginger worked as an Associate Professor of Criminal Justice, Executive Director for the Center of Justice Policy, Deputy Director of the Police Foundation and Director of the Southern Police Institute. Ginger was credited with planning, developing and implementing a nationwide technical assistance and training project for the United States Bureau of Justice Assistance and developing nation-wide programs as part of the Southern Police Institute.
The monitoring team led by Ginger includes experts who have proven experience in assessing reform similar to those contained in the settlement agreement with Albuquerque. The members of the monitoring team will include, among others, G. Patrick Gallagher, President of the Gallagher-Westfall Group; Dan Giaquinto, legal specialist and partner at Kern, Augustine, Conroy, & Schoppman, P.C.; Phil Coyne, Principal of Coyne Enterprise Solutions LLC; Mary Kealoha, Vice-President of the Gallagher-Westfall Group; Albert Preik, former Training Director for the Pittsburgh Bureau of Police; Peter Sarna, nationally recognized expert in police training and use of force; and Dave Torres, former Commandant of the New Jersey State Police training academy.
“We thank all of the individuals and firms that submitted letters of interest to serve as monitor and for their many accomplishments,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division. “The decision to select the most qualified candidate from among the field was not an easy one, and we thank the community and other stakeholders for their input on this critical step of the implementation process.”
“Dr. Ginger’s proven success with police departments and criminal justice systems in the United States will assist in promoting compliance with critical structural and systemic reforms that are necessary to restoring public confidence and achieving effective and constitutional policing in Albuquerque,” said U.S. Attorney Damon Martinez for the District of New Mexico. “We are pleased to have worked collaboratively with the City to select Dr. Ginger, who we believe is uniquely positioned to assess and report on the Albuquerque Police Department’s reform efforts.”
Ginger’s application materials can be found here.
The complaint, the final agreement, and other information regarding this matter can be found at http://www.justice.gov/usao/nm/APD.html and www.justice.gov/crt/about/spl.
Fourth Laguna Pueblo Member Sentenced for Assault Conviction Arising Out of Drive-By Shooting of Acoma Pueblo HomeRead the Press Release
ALBUQUERQUE – Andrea Carrillo, 22, a member of the Laguna Pueblo, N.M., was sentenced this afternoon in federal court to 21 months in federal prison followed by two years of supervised release for her assault conviction arising out of the drive-by shooting of an Acoma Pueblo home.
Carrillo is the last of four members of Laguna Pueblo to be sentenced in this case. Her three co-defendants three were sentenced in Dec. 2014, based on guilty pleas to assault charges. Preston Chino, 22, and Cameron Joseph Kasero, 21, were each sentenced on Dec. 2, 2014, to 96 months in federal prison followed by three years of supervised release. Joseph Edward Lucero, 25, was sentenced on Dec. 9, 2014, to 74 months in federal prison followed by two years of supervised release.
The four co-defendants were indicted on assault and firearms offenses in July 2013. The indictment alleged that the quartet assaulted two men and a woman on Dec. 9, 2012, by discharging firearms at a residence located in Acoma Pueblo in Cibola County, N.M.Chino pled guilty on Aug. 27, 2014, and admitted aiding Kasero and Lucero in assaulting the victims by providing them with shotguns and ammunition. He also admitted driving them to the victims’ Acoma Pueblo home where they discharged the shotguns multiple times in the direction of the residence. Kasero pled guilty on Sept. 2, 2014, and admitted assaulting the victims by discharging a shotgun at a residence while it was occupied by the victims. Lucero pled guilty on Sept. 9, 2014, and admitted repeatedly discharging a weapon at the victims’ residence.
Carrillo pled guilty on Sept. 2, 2014, and admitted aiding the assault on the victims by providing her co-defendants with directions to the residence while knowing that they intended to commit an assault at that location.
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services, the Acoma Pueblo Tribal Police Department and the Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.
El Departameno de Justicia y la Ciudad de Albuquerque Conjutamente Selecionan a un Monitor Independiente Para Supervisar las Reformas PolicialesRead the Press Release
ALBUQUERQUE – El Departamento de Justicia anunció hoy que conjuntamente con la Ciudad de Albuquerque, ha presentado ante el Tribunal de Distrito de los Estados Unidos, el nombramiento del Dr. James R. Ginger, experto reconocido a nivel nacional en reforma policial y cambio administrativo, como monitor independiente del acuerdo de resolución logrado entre el Departamento y la Ciudad para reformar al Departamento de Policía de Albuquerque (APD, sus siglas en inglés). El Dr. Ginger y su equipo tendràn la responsabilidad de evaluar, de manera independiente, la implementación completa del acuerdo de resolución, así como de reportar sobre el estatus de su cumplimiento al tribunal, a las partes y a la comunidad; ayudar a las partes a resolver retos que se presenten en su cumplimiento y a dar orientación técnica a APD, según sea necesaria.
El Dr. Ginger ha supervisado exitosamente acuerdos similares, ejecutables ante el tribunal, que han tenido como fin aumentar la confianza comunitaria e implementar reformas policiales sostenibles. El Dr. Ginger posee experiencia de primera mano en asegurar reformas críticas en todo el país, y un récord comprobado de implementación en un tiempo óptimo. El Dr. Ginger fue nombrado monitor independiente del primer decreto por consentimiento logrado por el Departamento de Justicia en Pittsburgh, Pennsylvania, el cual tenía como meta hacer cumplir leyes de derechos civiles cuyo fin es asegurar principios policiales constitucionales y efectivos. Trabajó en estrecha colaboración con las Partes y la Agencia de Policía de Pittsburgh para implementar reformas completas, diseñadas para enfrentar el uso de fuerza excesivo, arrestos falsos, registros e incautaciones inapropiadas, fallas en el sistema disciplinario y supervisión inmediata inadecuada. También fue nombrado monitor del decreto por consentimiento que tuvo que ver con la Policía Estatal de Nueva Jersey y con los esfuerzos de la misma para erradicar pràcticas policiales discriminatorias. El Dr. Ginger ha sido líder en el desarrollo de técnicas de monitoreo y metodologías utilizadas para evaluar el cumplimiento de decretos federales de consentimiento. El Dr. Ginger ha trabajado con agencias de policía en Nueva York, Ohio, Texas, Florida, Georgia, Alabama, Indiana y otros. Actualmente es presidente de Public Management Resources, Inc. (Administración de Recursos Públicos (PMR, sus siglas en inglés) y es responsable de planeación estratégica, mercadeo, presupuesto y administración.Antes de formar PMR, el Dr. Ginger trabajó como Profesor Adjunto de Justicia Criminal, Director Ejecutivo del Center for Justice Policy (Centro de Políticas para la Justicia), Subdirector de Police Foundation (Fundación de Policía) y Director del Southern Police Institute (Instituto Sureño de Policía). Al Dr. Ginger se le acredita la planeación, el desarrollo e implementación de un proyecto a nivel nacional de ayuda técnica y entrenamiento para el Bureau of Justice Assistance (Oficina de Asistencia para la Justicia) del Departamento, y con haber desarrollado programas nacionales como parte del Southern Police Institute (Instituto Sureño de Policía).
El equipo de monitoreo encabezado por el Dr. Ginger incluye expertos quienes han demostrado conocimientos en evaluar reformas similares a las contenidas en el acuerdo de resolución de Albuquerque. Los miembros del equipo de monitoreo incluiràn entre otros a, G. Patrick Gallagher, Presidente del Grupo Gallagher-Westfall; Dan Giaquinto, especialista legal y socio de Kern, Augustine, Conroy & Schoppman, P.C.; Phil Coyne, Director de Coyne Enterprise Solutions LLC; Mary Kealoha, Vicepresidente del Grupo Gallagher-Westfall; Albert Preik, Ex Director de entrenamiento de la Oficina de Policía de Pittsburgh; Peter Sarna, experto reconocido nacionalmente como entrenador de policía en el uso de fuerza y Dave Torres, Ex Comandante de la academia de entrenamiento de la Policía Estatal de Nueva Jersey.
“Le damos las gracias a todos los individuos y firmas que sometieron cartas de interés para servir como monitores y por sus innumerables logros”, dijo Vanita Gupta, Procuradora General Interina de la División de Derechos Civiles. “La decisión de seleccionar al candidato mejor calificado de entre todos, no fue fàcil y le damos las gracias a la comunidad y a otros interesados por su aportación en este paso crítico en el proceso de implementación”.
“El éxito demostrado por el Dr. Ginger con departamentos de policía y sistemas de justicia criminal en los Estados Unidos, ayudarà a promover el cumplimiento de la estructura crítica y las reformas sistémicas que son necesarias para reestablecer la confianza del público, y lograr pràcticas policiales constitucionales y efectivas en Albuquerque” dijo Damon Martínez, Procurador Federal de los Estados Unidos por el Estado de Nuevo México. “Nos complace haber trabajado en colaboración con la Ciudad para seleccionar al Dr. Ginger, quien creemos està en una posición única para ayudar y reportar sobre los esfuerzos de reforma del Departamento de Policía de Albuquerque”.
Los documentos de la solicitud del Dr. Ginger se pueden encontrar aqui.
Copia de la demanda y del acuerdo final se pueden encontrar en http://www.justice.gov/usao/nm/APD.html y www.justice.gov/crt/about/spl.
Mexican National Pleads Guilty to Trafficking Methamphetamine in Eddy CountyRead the Press Release
ALBUQUERQUE – Israel Mireles-Rivera, 33, a Mexican national unlawfully in the United States and residing in Hagerman, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Mireles-Rivera and co-defendant Ediberto Guzman, 61, of Carlsbad, N.M., were arrested in Jan. 2014, on a three-count indictment alleging methamphetamine trafficking and firearms charges. Count 1 of the indictment charged the two men with conspiracy to distribute methamphetamine from Feb. 2013 through Oct. 2013 in Eddy and Chaves Counties, N.M. Counts 2 and 3 respectively charged Mireles-Rivera alone with possession of methamphetamine with intent to distribute and being an alien illegally in possession of a firearm.
According to the indictment, between Feb. 2013 and Oct. 2013, Mireles-Rivera provided methamphetamine to Guzman on multiple occasions, and Guzman sold the methamphetamine to others, including a person who was working as a confidential source for law enforcement officers. It also alleged that on Oct. 17, 2013, Mireles-Rivera had more than 180 grams of methamphetamine hidden in a vehicle outside his residence and a smaller amount of methamphetamine inside his residence.
Guzman pled guilty to Count 1 of the indictment on April 25, 2014, and was sentenced on June 26, 2014, to 48 months in federal prison followed by three years of supervised release.
During this afternoon’s proceedings, Mireles-Rivera pled guilty to a two-count felony information charging him with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. In entering his guilty plea, Mireles-Rivera admitted that between Feb. 2013 and Oct. 2013, he was involved in a methamphetamine distribution conspiracy. He acknowledged that during this period, he supplied methamphetamine to an individual who sold the drugs to others, including a person who was acting as a confidential source for law enforcement. Mireles-Rivera also admitted that subsequent to his arrest, law enforcement officers seized approximately eight ounces of methamphetamine when they searched his house and vehicle.
At sentencing, Mireles-Rivera faces a mandatory minimum of five years and a maximum of 40 years in federal prison. He will be deported to Mexico after completing his prison sentence. Mireles-Rivera remains in federal custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA, the HITDA Region VI Pecos Valley Drug Task Force and the Carlsbad Police Department. This case is being prosecuted by Assistant U.S. Attorneys Renee L. Camacho and Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
The HITDA Region VI Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department, Artesia Police Department, New Mexico Probation and Parole, and the 5th Judicial District Attorney’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Laguna Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
Defendant Prosecuted as Part of Federal Initiative to Address
the Epidemic Incidence of Violence Against Native WomenALBUQUERQUE – Dominque Begay, 50, a member of Laguna Pueblo who resides in Old Laguna, N.M., pleaded guilty this morning to an indictment charging him with assault resulting in serious bodily injury. The guilty plea was entered under a plea agreement with the U.S. Attorney’s Office.
Begay was arrested on Aug. 26, 2014, on a criminal complaint charging him with assault resulting in serious bodily injury. According to the complaint, on Aug. 20, 2014, officers of the Laguna Pueblo Tribal Police Department responded to a report of assault in Old Laguna in Cibola County, N.M. The complaint alleged that Begay assaulted the victim, a Laguna Pueblo woman, by punching, kicking and choking her. The officers noted that the victim had bruising and redness on her neck, arms and back. Begay was arrested by the tribal officers that day on local charges and held in tribal custody until his arrest on federal charges.
Begay was indicted on Sept. 9, 2014, and charged with assault resulting in serious bodily injury.
During today’s proceedings, Begay entered a guilty plea to the indictment and admitted assaulting the victim by knocking her to the ground and causing her to hit her head against a wall. Begay also admitted causing the victim extreme physical pain by putting his hands on the victim’s throat and squeezing.
At sentencing Begay faces a statutory maximum penalty of ten years in federal prison. Begay 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 Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Laguna Pueblo Tribal Police Department. Assistant U.S. Attorney Paul H. Spiers is prosecuting this case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Former Owner of Gallup-Based Oil Distributor Pleads Guilty to Federal Bankruptcy Fraud ChargeRead the Press Release
Plea Agreement Requires $265,830.00 Restitution Payment
ALBUQUERQUE – Michael P. Mataya, 64, of Thoreau, N.M., pleaded guilty this morning to a bankruptcy fraud charge under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, the United States may recommend that Mataya be sentenced to a maximum term of 24 months of imprisonment. It also requires Mataya to pay restitution in the amount of $265,830.00 to the bankruptcy estate of his bankrupt company so that the funds may be used to pay creditors.
Mataya was the sole owner of Indian Capitol Distributing, Inc. (Indian Capitol), a Gallup-based oil and gas distributor, and Mataya’s Travel Plaza, a truck stop in Gallup, N.M. He was indicted on Feb. 26, 2014, and charged with three counts of bankruptcy fraud. Counts 1 and 2 of the indictment charged Mataya with making materially false statements under oath on May 5, 2009 and May 28, 2009, before the U.S. Bankruptcy Court in bankruptcy proceedings involving Indian Capitol. Count 3 charged Mataya with fraudulently transferring assets belonging to Indian Capitol to Mataya’s Travel Plaza.
Today Mataya pled guilty to Count 2 of the indictment. According to Mataya’s plea agreement, Indian Capitol filed for bankruptcy in April 2009. At the time, the company had dozens of creditors. After the bankruptcy court entered an order permitting Indian Capitol to use cash collateral during an emergency period on the condition that it not transfer assets to any entity owned by Mataya, Mataya provided false testimony before the court to conceal the fact that Indian Capitol was delivering fuel to Mataya’s Travel Plaza without payment in violation of the court’s order.
In entering his guilty plea, Mataya admitted falsely testifying because he knew that the court would not permit the transfer of fuel from Indian Capitol to Mataya’s Travel Plaza. He also admitted falsifying invoices and bills of lading to conceal this unlawful transfer of assets. He acknowledged that the total value of the fuel unlawfully transferred to Mataya’s Travel Plaza was $265,830.00.
Mataya remains on conditions of release and under pretrial supervision pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney C. Paige Messec.
Yah-Ta-Hay Man Sentenced to Sixty-Six Months in Federal Prison for Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Allen Harragarra, 34, a member of the Navajo Nation who resides in Yah-Ta-Hay, N.M., was sentenced today to 66 months in federal prison for his voluntary manslaughter conviction. Harragarra will be on supervised release for three years after completing his prison sentence. He also was ordered to pay $2,689.41 in restitution to cover the victim’s funeral expenses.
Harragarra was arrested in Dec. 2013, on a complaint alleging that he killed a Navajo man on Dec. 2, 2013, on the grounds of a school in Tohatchi, N.M., which is located within the Navajo Indian Reservation. According to the complaint, Harragarra stabbed the victim in the neck during a physical altercation.
On July 22, 2014, Harragarra pled guilty to a voluntary manslaughter charge and admitted killing the victim on Dec. 2, 2013, by stabbing him in the neck. In his plea agreement, Harragarra admitted stabbing the victim once in the neck while acting out of fear and in the heat of passion. He acknowledged that his actions resulted in the unlawful death of the victim.
The case was investigated by the Albuquerque and Gallup offices of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney David Adams.
Gallup Man Sentenced to 72 Months for Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Melvyn Lee Morgan, 31, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was sentenced to 72 months in federal prison for his voluntary manslaughter conviction. He will be on supervised release for three years after completing his prison sentence.
Morgan and co-defendant Danny Dan Don Brown, 27, a Navajo man from Church Rock, N.M., were charged in a criminal complaint in Dec. 2011, with murdering a third Navajo man on Dec. 3, 2011. According to the complaint, the murder occurred in Church Rock, which is located in the Navajo Indian Reservation. Brown and Morgan were arrested on Dec. 27, 2011, and have been in federal custody since that time. The two were indicted on Jan. 24, 2012, and charged with second degree murder.
According to court records, late on the night of Dec. 3, 2011, Morgan, Brown and the victim had a fight after drinking alcohol. During the fight, Morgan and Brown repeatedly kicked and punched the victim, who died as a result of injuries he sustained.
Brown pled guilty to second degree murder on Feb. 5, 2013, and was sentenced in June 2013, to 162 months (13.5 years) in federal prison followed by two years of supervised release.
Yesterday Morgan pled guilty to a felony information charging him with voluntary manslaughter. In this plea agreement, Morgan admitted that on Dec. 3, 2011, he fought with Brown and the victim after drinking alcohol. Morgan noticed that the victim was having difficulty breathing following the fight and left the scene of the fight to seek aid for the victim. However, the victim died before Morgan returned to the scene with police officers.
This case was investigated by the Gallup office of the FBI, the Crownpoint office of the Navajo Nation Division of Public Safety, and the McKinley County Sheriff’s Office. Assistant U.S. Attorney Paul H. Spiers prosecuted the case.Arizona Woman Sentenced to Federal Prison for Assault Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Maraintoinette Lynn Yazzie, 26, an enrolled member of the Navajo Nation who resides in Lukachukai, Ariz., was sentenced today to 24 months in federal prison followed by three years of supervised release for her assault conviction. Yazzie also was ordered to pay $7,557.00 in restitution to the victim of her crime.
The sentence was imposed based on a guilty plea to an assault with a dangerous weapon charge entered by Yazzie on Sept. 17, 2014.
Yazzie and her brother, Antonio Yazzie, 22, also of Lukachukai, Ariz., were arrested in April 2014, on a criminal complaint charging them with attacking a Navajo man at his home in Tohlakai, N.M., on Feb. 26, 2014. The two subsequently were indicted in May 2014, and charged with one count of assault with a dangerous weapon and two counts of robbery. According to court filings, the siblings assaulted the victim by restraining him and striking him repeatedly in the face and head with a rock and a coffee mug. The two then robbed the victim of cash and his truck.
Antonio Yazzie pled guilty on Sept. 9, 2014, to Count 1 of the indictment charging him with assault with a dangerous weapon. On Dec. 9, 2014, he was sentenced to 24 months in federal prison followed by three years of supervised release.This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Albert Johnny Mondragon, 38, of Roswell, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to trafficking methamphetamine in Lea County, N.M.
Mondragon was arrested on federal charges in Roswell on May 27, 2014, based on a criminal complaint charging him with possession of methamphetamine with intent to distribute. According to the complaint, Mondragon committed the offense on March 7, 2014, in Hobbs, N.M.
Mondragon subsequently was charged in a two-count indictment with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm. Count 1 of the indictment alleged that on March 7, 2014, Mondragon possessed with intent to distribute methamphetamine in Lea County. Count 2 charged Mondragon with being a felon in possession of a firearm and ammunition.
Today, Mondragon pled guilty to Count 1 of the indictment charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Mondragon admitted that he was stopped by officers in Hobbs on March 7, 2014. He further admitted telling the officers that he had approximately half a pound of methamphetamine in the back of his vehicle. When the officers searched the vehicle, they found 222.98 grams of methamphetamine.
At sentencing Mondragon faces a term of imprisonment if not less than five years and not more than 40 years. He remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces offices of the DEA and the Bureau of Alcohol, Tobacco and Firearms and the Lea County Drug Task Force, with assistance from the 5th Judicial District Attorney’s Office. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this 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 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.
Leader of Major Heroin Trafficking Ring Operating Out of Albuquerque’s Northeast Heights Sentenced to Twenty Years in Federal PrisonRead the Press Release
Bustamante-Conchas Also Ordered to Pay $100,000.00 Fine
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division announced that Miguel Bustamante-Conchas, 39, was sentenced late yesterday afternoon to 20 years in federal prison for his heroin trafficking conviction. He also was ordered to pay a $100,000.00 fine. Bustamante-Conchas is a legal permanent resident from Mexico who resides in Albuquerque, N.M.; he will be deported after completing his prison sentence.
“New Mexico’s opioid addiction and overdose death rates have been at or near the top of the national scale for years,” said U.S. Attorney Damon P. Martinez. “Under our recently announced HOPE Initiative, we will take on this epidemic by focusing our investigative and prosecutorial resources on significant heroin traffickers while supporting expanded treatment options for those struggling with the disease of addiction.”
“The sentencing of Miguel Bustamante-Conchas exemplifies DEA’s relentless commitment to keep dangerous drugs and those who traffic them off of our streets. DEA continues to focus on the drug trafficking organizations that spread this kind of poison in central and northern New Mexico,” said DEA Special Agent in Charge Will Glaspy. “Let this not only be an example, but also a warning to those who think they can go unnoticed. One day we will knock on your door and you too will face the same fate as Bustamante-Conchas.”
Bustamante-Conchas was one of seven men arrested in June 2013 on federal narcotics trafficking charges as a result of a 15-month multi-agency investigation targeting heroin traffickers operating out of Albuquerque’s Northeast Heights, an area that has experienced a growing, wide-spread heroin abuse problem among teens and young adults in recent years. More than 25 pounds of heroin were seized during the course of the investigation.
Two indictments were filed as a result of the investigation. Bustamante-Conchas and four other men were charged in one indictment while two others were charged in a second indictment. The other six defendants entered guilty pleas to heroin trafficking charges while Bustamante-Conchas elected to proceed to trial on a three-count superseding indictment charging him with (1) conspiracy to distribute large quantities of heroin in Bernalillo County, N.M., from Oct. 2012 to June 2013; (2) aiding and abetting the possession of heroin with intent to distribute; and (3) aiding and abetting the use of a firearm in relation to a drug trafficking crime.
Trial of the case began on July 30, 2014. On Aug. 4, 2014, the court dismissed the firearms charge at the conclusion of the United States’ case and submitted the two heroin trafficking charges to the jury. The jury returned a verdict of guilty on the two heroin trafficking charges on Aug. 6, 2014.
The evidence at trial established that Bustamante-Conchas played a leadership role in a major heroin trafficking organization by managing the acquisition, storage and distribution of kilograms of heroin and overseeing the collection of cash proceeds from the sale of heroin. Evidence of Bustamante-Conchas role in the drug trafficking organization was secured from wiretaps on telephones used by his subordinates, evidence seized during a law enforcement operation on June 14, 2013, and evidence seized on June 19, 2013. Evidence obtained on June 14, 2013, included three pounds of heroin, drug ledgers, numerous cellphones and narcotics paraphernalia, which were seized at the residences maintained as stash houses by Bustamante-Conchas and his co-conspirators. An additional 22 pounds of heroin were seized on June 19, 2013 from another of the organization’s stash houses.
Three of Bustamante-Conchas’ four co-defendants pled guilty to participating in a heroin trafficking conspiracy and are serving federal prison sentences. Baltazar Granados, 38, pled guilty on June 17, 2014, and was sentenced to 80 months in prison on Nov. 20, 2014. Ramon Cabrales-Guerra, 23, pled guilty on June 23, 2014, and was sentenced to 46 months in prison on Oct. 10, 2014. Angel Miramontes-Cruz, 23, pled guilty on May 29, 2014, and was sentenced on Oct. 10, 2014, to 24 months in federal prison. All three men are Mexican nationals illegally present in the United States and will be deported after completing their prison sentences.
The fourth co-defendant, Ruben Garcia Miranda, 53, an Albuquerque resident, pled guilty on June 12, 2014, to using a communications device to facilitate a drug trafficking crime. He is scheduled to be sentenced on Jan. 22, 2015.
Joel Nunez-Haros, 43, and Pablo Arturo Felix-Sicairos, 21, also were arrested in June 2013, and charged in a separate indictment with possession of heroin with intent to distribute. Both men pled guilty to the indictment in late June 2014. Nunez-Haros was sentenced to 57 months in prison on Nov. 20, 2014, and Felix-Sicairos was sentenced to 44 months in prison on Oct. 10, 2014. Both men are Mexican nationals illegally present in the United States and will be deported after completing their prison sentences.
These cases were investigated by the Albuquerque office of the DEA, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office and were prosecuted by Assistant U.S. Attorneys Sean J. Sullivan, Nicholas J. Ganjei and Paul Mysliwiec.
The investigation resulting in these cases, which was code-named “Balloon Fiesta” in reference to the multi-colored balloons that heroin often is packaged in for retail distribution, 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.
The New Mexico Heroin and Opioid Prevention and Education (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 major heroin traffickers like Bustamante-Conchas for investigation and prosecution is a priority of the HOPE Initiative.
Casamero Lake Man Sentenced to Twelve Years for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Arthur L. Ganadonegro, 24, was sentenced this afternoon to 144 months in federal prison followed by a lifetime of supervised release for his aggravated child sexual abuse conviction. Ganadonegro also will be required to register as a sex offender.
Ganadonegro, an enrolled member of the Navajo Nation who resides in Casamero Lake, N.M., was arrested in March 2014, on a criminal complaint alleging that he sexually abused two Acoma Pueblo children when they were less than 12 years of age. Ganadonegro subsequently was charged in a four-count indictment with two counts of aggravated sexual abuse and two counts of abusive sexual contact. The indictment alleged that Ganadonegro sexually abused one of the victims between Sept. 2013 and Nov. 2013, on the Navajo Indian Reservation in McKinley County, N.M. It further alleged that Ganadonegro sexually abused the other victim between April 2008 and Dec. 2008, in a location within Acoma Pueblo in Cibola County, N.M.
On Oct. 7, 2014, Ganadonegro pled guilty to a felony information charging him with aggravated sexual abuse and admitted that between April 2008 and Dec. 2008, he engaged in a sexual act with a child under the age of 12 years. He also acknowledged committing the crime in Acoma Pueblo.This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Pueblo of Acoma Tribal Police Department.
The case was prosecuted by Assistant U.S. Attorney Novaline D. Wilson 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/.
Taos Pueblo Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Phillip Martinez, Jr., 59, a member and resident of Taos Pueblo, was sentenced today to 27 months in federal prison for his assault conviction. Martinez will be on supervised release for three years after completing his prison sentence.
Martinez was arrested in Oct. 2013, on an indictment charging him with assault with a dangerous weapon. According to the indictment, Martinez assaulted another Taos Pueblo man with a stick in the Pueblo of Taos on April 29, 2013.On June 9, 2014, Martinez pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering his guilty plea, Martinez acknowledged that the victim suffered serious bodily injury as a result of the assault.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.Shiprock Man Sentenced to Federal Prison for Robbing Farmington Bank Branch in February 2014Read the Press Release
ALBUQUERQUE – Ryan Lowe, 20, of Shiprock, N.M., was sentenced today to 30 months in federal prison for his bank robbery conviction. Lowe will be on supervised release for three years after completing his prison sentence. Lowe also was ordered to pay restitution to the victim of his crime.
Lowe was arrested on June 4, 2014, on a criminal complaint alleging that he robbed the Citizens Bank branch located at 500 West Broadway in Farmington, N.M., on Feb. 13. 2014. Lowe subsequently was charged with bank robbery in an indictment filed on June 11, 2014.
According to court filings, Lowe robbed the bank on Feb. 13, 2014, by presenting a demand note to a bank teller and taking cash from the teller. Between Feb. 14, 2014 and April 16, 2014, the FBI interviewed a series of witnesses who provided evidence establishing that Lowe was the person who robbed the bank.
Lowe entered a guilty plea to the indictment on Sept. 12, 2014. The guilty plea was entered without the benefit of a plea agreement.
This case was investigated by the Farmington office of the FBI and was prosecuted by Assistant U.S. Attorney Norman Cairns.
Statement on Shootings of Albuquerque Police OfficersRead the Press Release
ALBUQUERQUE – This week two Albuquerque Police Department officers were shot and seriously injured in the line of duty. These tragic events underscore the very real dangers that our brave law enforcement officers face every day they are on the job. It is our great hope that both of these officers will recover fully and that the community will support them and their families during this difficult time. We owe our courageous law enforcement officers a tremendous debt of gratitude for their service and sacrifices.
Remarks by U.S. Attorney Damon P. Martinez at Second Bernalillo County Opioid Accountability SummitRead the Press Release
Remarks as Prepared for Delivery
Thank you, Dr. Bill Wiese, for your kind introduction. I want to start by thanking Commissioner Maggie Hart Stebbins and her team for their leadership in confronting the crisis posed by opioid abuse not only in Bernalillo County but throughout New Mexico. I also want to thank the Coordinating Committee for the Bernalillo County Opioid Accountability Initiative, including Dr. Wiese, Dr. Harris Silver and Marsha McMurray-Avila, for all that they have been doing every day for the past two years to forge safer and healthier communities in New Mexico.
Thank you also for including the U.S. Attorney’s Office and the UNM Health Sciences Center in the Bernalillo County Opioid Accountability Initiative, and for giving Chancellor Paul Roth and me the opportunity to participate in today’s Summit for the purpose of discussing how our organizations can contribute to and build on the good work that is already being done here in Bernalillo County.
Let me start by telling you that Chancellor Roth and I recently agreed to have our organizations collaborate on the New Mexico Heroin and Opioid Prevention and Education Initiative, which we call the HOPE Initiative. Although the HOPE Initiative will gradually be implemented state-wide, we decided to begin implementation here in Bernalillo County because we knew we would be able to capitalize on the infrastructure provided by the County’s Initiative.
The County’s Opioid Abuse Accountability Initiative already has brought together many experts, advocates, leaders and other critical stakeholders from our public health, research and education, law enforcement, and substance use disorder prevention and treatment communities who are dedicated to confronting heroin and prescription drug abuse. Your commitment to improving and saving lives is inspiring, and the guidance and expertise you bring comes at a time when much is at stake. You know the challenges we face are daunting. You also know that it makes sense to focus on the most dangerous types of drugs. And right now, few substances are more lethal than prescription opioids and heroin.
Between 2006 and 2010, across America, heroin-related deaths increased by 45 percent. During that same period, here in New Mexico, the increase in heroin-related deaths paralleled the national increase but at a rate that was two times greater. These shocking statistics – which do not include death resulting from prescription opioid abuse – are clear indications that we are up against an urgent public safety and public health crisis. This is a crisis that affects Americans in every state, in every region, and from every background and walk of life. Accordingly, the overriding goal of the HOPE Initiative is to reduce the number of opioid-related deaths in New Mexico.
The HOPE Initiative is an integral part of my office’s implementation of the federal Smart on Crime Initiative announced by the U.S. Attorney General in August 2013. This nationwide initiative seeks to achieve better outcomes throughout the federal criminal justice system, especially with regard to nonviolent, drug-related crimes. It recognizes that we cannot simply arrest our way out of the drug problem. While effective law enforcement will always play a critical role in protecting our cities and neighborhoods from drug-related crime, reducing crime requires a broader, multi-dimensional approach. Science clearly demonstrates that addiction is a progressive disease of the brain that can be prevented and treated and from which people can recover. With this in mind, we must treat substance abuse and the disease of addiction as a public health issue, not just a criminal justice issue.
Accordingly, under the Smart on Crime Initiative, the Justice Department is focusing federal resources on investigations and prosecutions that serve a significant federal interest while strengthening diversion programs and community service initiatives that provide alternatives to incarceration for some individuals and offer treatment and rehabilitation to those who need it. It strives to improve and reinforce reentry programs and initiatives so that formerly incarcerated individuals can return to their communities better prepared to become full and productive members of society. It recognizes that education, prevention, and treatment, along with vigorous law enforcement, must all be significant components of any comprehensive solution. It also calls on U.S. Attorneys to modify their charging policies to ensure that stringent mandatory minimum sentences are reserved for the most serious criminals and that those who commit low-level, non-violent crimes will face sentences appropriate to their individual conduct.
When I was confirmed as U.S. Attorney in May of last year, I made implementation of the Attorney General’s Smart on Crime Initiative one of my top priorities. The HOPE Initiative is a key part of the implementation of the Smart on Crime Initiative here in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The U.S. Attorney’s Office has long participated in prevention and education programs, and it will expand on those efforts as part of this Initiative. It also fully supports efforts to expand on available treatment options. Today I will touch on what the U.S. Attorney’s Office is doing with regard to the HOPE Initiative’s reentry and law enforcement components, and Chancellor Roth will discuss the prevention, education and treatment components of the Initiative.Under our Project Safe Neighborhood program that focuses on the Urban Indian community in Bernalillo County, we are working with the Pueblo of Isleta to establish one of the country’s first reentry programs in Indian Country. This program is a pilot project for Pueblo members who are returning to Isleta Pueblo after being incarcerated in federal, state and juvenile facilities. The program seeks to ensure that reentering Pueblo members have access to education, housing and employment in addition to the substance abuse treatment and counseling they will need so they can successfully return to their community. These components are also critical to avoid relapse to addictive behaviors, and to reduce the likelihood of recidivism to the criminal justice system.
The Isleta Pueblo reentry program is our first step into the reentry arena. We intend to expand our reentry efforts to other Pueblos and Tribes as well as support the State’s reentry programs. To facilitate this expansion, in April of this year, we will partner with DOJ’s Bureau of Justice Assistance to host one of three Indian Country reentry training programs that will be offered to tribal communities throughout the country. We will encourage New Mexico’s tribal leaders to participate in the training as preparation for establishing reentry programs in their communities.
The law enforcement component of the HOPE Initiative makes clear that the U.S. Attorney’s Office will never waver in its commitment to act aggressively to keep our streets safe and our children free from drug addiction and abuse. It makes clear that we will never stop being tough on crime and the choices that breed it. But it also recognizes that we must be smart, efficient, and effective as we strive to disrupt and diminish the scourge of addiction – along with the underlying conditions that trap too many individuals in a vicious cycle of drugs, criminality, and incarceration.
We will focus our law enforcement efforts to combat the opioid abuse problem in New Mexico against the backdrop of the broader goals of our Organized Crime Drug Enforcement Task Force program, known as the OCDETF program. Those goals include identifying, disrupting and dismantling the most significant criminal organizations responsible for the manufacture and distribution of heroin and illegally trafficked opioids. They also include facilitating the coordination of law enforcement efforts against heroin and opioid traffickers, and dismantling the financial infrastructure of these criminal organizations. To achieve those goals, we will continue to target cartels and other drug trafficking organizations that have significantly expanded their production of heroin and its distribution in the United States as well as the heroin traffickers who have expanded into areas with existing prescription drug abuse problems. Focus on the cartels and drug trafficking organizations is imperative because the amount of heroin seized along the southwest border increased by more than 320% between 2008 and 2013.
Our situation, however, is not simply a problem of drugs crossing our borders or another country’s bad actors harming us. It is OUR problem. Practitioners who illegally dispense prescriptions painkillers, those who operate pill mills for prescription painkillers, and pharmacists who fill fraudulent prescriptions while knowing their true purpose, are drug dealers no different from street-level heroin dealers. And so we will also investigate and prosecute prescription drug diversion schemes, pill mills, rogue clinics and pharmacies, and prescription drug rings.
In conjunction with our “worst of the worst” initiative, we will continue to work with our local District Attorneys to target heroin and opioid traffickers with prior convictions for federal prosecution with the goal of removing them from our communities for as long as possible. This year, Albuquerque has experienced a sharp increase in the number of pharmacies robbed at gunpoint for opioid painkillers. These offenders will also be targeted under the HOPE Initiative. We will continue to work with corrections officials to investigate and prosecute those who interfere with and obstruct rehabilitation and treatment efforts within custodial settings by introducing drugs into our prisons and jails.
The law enforcement community’s commitment to the HOPE Initiative and the County’s Opioid Abuse Accountability Initiative is apparent by their participation in this Summit. Will members of the law enforcement community please stand up? Please join me in a round of applause to thank these officers for putting themselves on the front lines for us and our families. The agencies represented by these fine men and women are committed to thoroughly investigating drug-fueled crime and violence, and the U.S. Attorney’s Office will vigorously prosecute those cases.
As I mentioned earlier, the crisis we face is not just a crime problem. It is a community public health problem. Whenever people look at this problem, they come to the same conclusions: (1) there is no simple answer; (2) we cannot stand by and do nothing; (3) we cannot arrest and prosecute our way out of it; and (4) the stigma associated with the disease of addiction helps perpetuate the problem. This crisis demands that we join together to employ a comprehensive strategy that addresses every aspect, every phase, and every cause of this crisis.
As elected and appointed officials, law enforcement officers, medical providers, and prevention and treatment experts, each of us stands on the front lines of the effort to protect our communities from the devastating impact of illegal drug use. Together, through collaboration and cooperation among stakeholders at every level, we can make significant strides to build a better, brighter, and more secure future for ourselves and our children.
Before turning the podium over to Chancellor Roth, I want to mention a couple of related matters that will be of interest to you. First, last year the U.S. Attorney General announced that federal law enforcement agencies, including the DEA, FBI, ATF and U.S. Marshals Service, are to review their policies and procedures to determine whether their agents should be equipped and trained to recognize and respond to opioid overdose, including the use of Narcan. This announcement paves the way for federal officers to begin carrying and dispensing this lifesaving drug. We cannot overstate the importance of Narcan to our core mission of saving lives: from 2008 to 2014, the number of documented overdose reversals with Narcan tripled from 250 to 800. A Narcan program established by the New Mexico Department of Health can be fairly credited for saving those lives. Soon federal officers will join that lifesaving effort.
Second, last month, the Justice Department announced a new National Heroin Initiative under its OCDETF program. The primary purpose of the National Heroin Initiative is to provide funding to support local and regional initiatives like the HOPE Initiative in developing coordinated law enforcement plans to disrupt the flow of heroin into communities that have been profoundly impacted by heroin trafficking and overdoses. We will move expeditiously to secure some of these resources and put them to good use in New Mexico.
Finally, the Department of Justice and other federal agencies periodically offer grants that fund community-based coalitions that organize to prevent and treat substance abuse. My office will let the Coordinating Committee of the County’s Initiative know about available grant opportunities and will be available to provide technical assistance with grant applications.
In closing, I remind you of the obvious – progress will not come easily, and positive change will not occur as quickly as we might like. But as long as we keep our commitments to one another; as long as we keep seeking new ways to work together; as long as we keep striving to build on the promising work that so many of you are leading, there is good reason for confidence in where these efforts will take us from here. I am proud to count you as partners in the considerable work that lies ahead and I thank you for all that you’re doing – today and every day – to combat drug abuse and to protect our young people. I look forward to next year’s Summit when we will discuss what we have accomplished together in 2015 through the County’s Initiative and the HOPE Initiative, and continue to develop proactive strategies for the work that must be done.
Jicarilla Apache Man Sentenced to Eight Years for Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Isaiah Dean Trujillo, 24, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced this morning to eight years in federal prison followed by three years of supervised release for his conviction on two counts of involuntary manslaughter. The sentence was announced by U.S. Attorney Damon P. Martinez and Chief Kendell Vicenti of the Jicarilla Apache Tribal Police Department.
Trujillo was arrested on May 6, 2013, on a criminal complaint alleging involuntary manslaughter charges arising out of a single motor vehicle collision occurring on April 24, 2013, in Dulce, N.M., within the Jicarilla Apache Nation. Two women, both members of the Jicarilla Apache Nation, died as a result of injuries sustained during the collision. Trujillo, the driver of the vehicle, was intoxicated at the time of the collision.Trujillo entered a guilty plea to two involuntary manslaughter charges on March 12, 2014. In his plea agreement, Trujillo admitted that on April 24, 2013, he drove a vehicle in excess of 70 miles per hour on a road with a 35 mile per hour speed limit after consuming a large amount of alcohol. Trujillo further admitted that he lost control of the vehicle and the vehicle flipped over. Two of the four passengers in the vehicle were killed and the other two suffered serious bodily injuries. Trujillo further admitted that his blood alcohol concentration was .29 following the collision.
This case was investigated by the Jicarilla Apache Tribal Police Department and was prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.Las Cruces Man Pleads Guilty to Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE –Eddie Gallardo, 31, of Las Cruces, N.M., entered a guilty plea yesterday afternoon in Las Cruces federal court to cocaine and methamphetamine trafficking charges. The guilty plea was entered pursuant to a plea agreement with the U.S. Attorney’s Office.
Gallardo was arrested on May 22, 2014, on a criminal complaint charging him with a methamphetamine trafficking charge and being a felon in possession of a firearm. The complaint alleged that on May 13, 2014, Gallardo sold a handgun and methamphetamine to an undercover FBI agent. At the time, Gallardo was prohibited from possessing firearms or ammunition because he previously had been convicted of a drug trafficking offense.
Gallardo subsequently was charged in a seven-count indictment filed in Aug. 2014. Counts 1, 2 and 3 of the indictment charged Gallardo with distributing cocaine in Doña Ana County, N.M., on three separate occasions between Aug. 7, 2013 and Oct. 30, 2013. Counts 3, 5 and 6 charged Gallardo with distributing methamphetamine on three separate occasions between Aug. 2013 and May 2014. Count 7 charged Gallardo with using and carrying a firearm during and in relation to a drug trafficking crime.
During yesterday’s change of plea hearing, Gallardo pled guilty to Counts 1 through 6 of the indictment. In entering his guilty plea, Gallardo admitted selling cocaine and methamphetamine to a law enforcement officer who was acting in an undercover capacity between Aug. 7, 2013 and May 13, 2014.
Gallardo has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Gallardo faces a mandatory minimum of five years and a maximum of 40 years in prison to be followed by not less than four years of supervised release.
Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case. This is one of many cases generated by a 15-month investigation by the FBI’s Las Cruces Southwest Border/Safe Streets Task Force and the New Mexico HIDTA Regional Interagency Drug Task Force (Metro Narcotics Task Force). The investigation, which concluded in Aug. 2014, initially targeted methamphetamine manufacturers and traffickers operating out of Doña Ana County, but expanded to include individuals trafficking in other drugs and using firearms to facilitate their drug trafficking crimes. The investigation identified sources of drug supply in Los Angeles, Calif., Tucson, Ariz., and El Paso, Texas, who were supplying drug traffickers in southern New Mexico with high-grade methamphetamine, and led to the filing of criminal charges against 75 individuals, including 42 federal defendants and 33 state defendants. Law enforcement officers seized more than 29 pounds of methamphetamine, 37 pounds of cocaine, 4.5 ounces of heroin, 30 pounds of marijuana, 74 firearms and 17 vehicles during the course of the investigation.Federal Jury in New Mexico Convicts Arkansas Woman on Methamphetamine and Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Earlier this afternoon a federal jury sitting in Albuquerque, N.M., found Shelia Villegas, 47, of Manila, Ark., guilty on methamphetamine and cocaine trafficking charges after a two-day trial. The guilty verdict was announced by U.S. Attorney Damon P. Martinez, Acting Special Agent in Charge Tom Hernandez of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Gorden Eden of the Albuquerque Police Department (APD).
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. The indictment alleged that Villegas committed the two offenses on April 29, 2014, in Bernalillo County, N.M.
Trial of this case began on Jan. 6, 2015 and concluded this afternoon when the jury returned a guilty verdict on both counts of the indictment. The evidence at trial established that on April 29, 2014, an APD officer conducted a routine traffic stop of 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 HSI agent 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 in travel expenses.
The jury deliberated approximately two hours before returning its guilty verdict.
Villegas was remanded into federal custody after the jury returned its guilty verdict. She will remain in custody pending her sentencing hearing, which has yet to be scheduled. At sentencing, Villegas faces a maximum statutory penalty of life imprisonment.
This case was investigated by the Albuquerque office of HSI and APD and is being prosecuted by Assistant U.S. Attorneys Paul Mysliwiec and Nicholas Jon Ganjei.Dona County Men Plead Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Derek Cruz Rubalcava, 24, of Anthony, N.M., and Mark Jessie Rodriguez, 24, of Las Cruces, N.M., entered a guilty plea yesterday afternoon in Las Cruces federal court to methamphetamine trafficking charges. The guilty pleas were entered into pursuant to plea agreements with the U.S. Attorney’s Office.
Rubalcava and Rodriguez were arrested on a criminal complaint on July 25, 2014, in Doña Ana County, N.M. The two men subsequently were indicted on methamphetamine trafficking charges in a four-count indictment filed in Nov. 2014.
Count 1 of the indictment charged Rubalcava and Rodriguez with conspiracy to distribute methamphetamine in July 2014. Count 2 charged Rubalcava with distributing methamphetamine on July 24, 2014. Counts 3 and 4 each charged Rubalcava with possessing methamphetamine with intent to distribute on July 25, 2014. According to the indictment, the two men committed these crimes in Doña Ana County, N.M.During yesterday’s proceedings, Rubalcava pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering his guilty plea, Rubalcava admitted selling approximately six ounces of methamphetamine to an undercover FBI agent for $4,600.00 on July 24, 2014. Rubalcava also admitted negotiating the sale of approximately eight ounces of methamphetamine to the same FBI agent for $6,400.00. He was arrested before the transaction was completed. At the time of his arrest, Rubalcava was in possession of a portion of the methamphetamine that he intended to sell to the FBI agent and the rest of the methamphetamine was seized from his residence pursuant to a search warrant.
Rodriguez also entered a guilty plea to a felony information charging him with possession of methamphetamine with intent to distribute. In his plea agreement, Rodriguez admitted supplying the methamphetamine that Rubalcava sold to the undercover agent on July 24, 2014. He also admitted supplying the methamphetamine seized from Rubalcava and from Rubalcava’s residence on July 25, 2014.
At sentencing, Rubalcava and Rodriguez each face a mandatory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release. The two men are in federal custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Las Cruces/Doña Ana County Metro Narcotics Agency. The case is being prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.
***Media Advisory***Read the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Chancellor Paul B. Roth, M.D., M.S., of the UNM Health Sciences Center will join Bernalillo County Commissioner Maggie Hart Stebbins to announce a new collaborative effort, the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative, that will partner with the Bernalillo County’s Opioid Abuse Accountability Initiative to address New Mexico’s opioid crisis. The announcement will be made during Bernalillo County’s Second Opioid Abuse Accountability Summit on Thursday, Jan. 8, 2015.
WHO: U.S. Attorney Damon P. Martinez for the District of New Mexico Chancellor Paul B. Roth, M.D., M.S., UNM Health Sciences Center Bernalillo County Commissioner Maggie Hart Stebbins
WHAT: Announcement of partnership between HOPE Initiative and Bernalillo County Opioid Abuse Accountability Initiative
WHEN: Thursday, Jan. 8, 2015 from 8:00 a.m. to 5:00 p.m.
Commissioner Hart Stebbins to speak at 8:00 a.m.
U.S. Attorney Martinez and Chancellor Roth to speak at 9:15 a.m.
WHERE: Bernalillo County’s Second Opioid Abuse Accountability Summit
CNM Workforce Training Center
5600 Eagle Rock Ave. NE
Albuquerque, NM
OPEN PRESSNOTE: U.S. Attorney Martinez and Chancellor Roth will be available for interviews after the announcement. Reporters interested in interviewing the U.S. Attorney should contact Alyssa Ferda at (505) 224-1480 or (505) 366-1463. Reporters interested in interviewing Chancellor Roth should contact John Arnold at (505) 690-1680. Press inquiries regarding logistics also should be directed to Ms. Ferda.
Non-Indian Physician Employed by Indian Health Services Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Thomas Murray, 61, a non-Indian who resides in Acoma Pueblo, N.M., was arrested yesterday by the FBI on federal child pornography charges. Murray made his initial appearance in federal court earlier today. He remains in custody pending a preliminary hearing and detention hearing, both of which currently are scheduled for tomorrow morning.
Murray is a physician who relocated to New Mexico in Oct. 2014, from Ohio to take a position as a general practitioner with Indian Health Services at the Acoma-Canoncito-Laguna Service Unit located in Acoma Pueblo. Murray is charged in a criminal complaint with transporting, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.According to the criminal complaint, the FBI initiated the federal investigation leading to Murray’s arrest on Dec. 19, 2014, after receiving a report from the New Mexico Attorney General’s Office. The report alleged that investigation by an investigation by the New Mexico Internet Crimes Against Children (ICAC) Task Force revealed that an IP Address subscribed to Murray’s residential address in Acoma was being used to download and distributing images consistent with child pornography. According to the criminal complaint, the FBI arrested Murray and executed a federal search warrant at his residence on Jan. 5, 2015.
If convicted of the three charges in the criminal complaint, Murray faces a federal prison term of not less than five years and not more than 20 years. Murray also would be required to register as a sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI, the New Mexico Attorney General’s Office, the New Mexico ICAC Task Force and the New Mexico Regional Computer Forensic Laboratory. The case is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 74 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Crownpoint Man Sentenced to Ten Years for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Elban Al Johnson, 34, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced this morning to ten years in federal prison followed by five years of supervised release for his child sexual abuse conviction. Johnson will be required to register as a sex offender when he completes his prison sentence.
Johnson was arrested in March 2013, on a criminal complaint charging him with sexually assaulting an 11-year-old Indian child in Crownpoint, N.M., which is located within the Navajo Indian Reservation, in Nov. 2012. According to court filings, the child victim was in Johnson’s care when Johnson committed the crime.On Aug. 27, Johnson pleaded guilty to a felony information charging him with abusive sexual contact. At his plea hearing, Johnson admitted sexually assaulting the child victim on Nov. 5, 2012.
This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
The case was brought 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/.
Christopher Cook Charged with Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Christopher Cook, 36, of Albuquerque, N.M., has been charged with violating the federal firearms laws in a criminal complaint filed by the Bureau of Alcohol, Tobacco, Firearms and Explosives earlier today.
The criminal complaint charges Cook with being a felon in possession of a firearm. It alleges that Cook unlawfully possessed a firearm and ammunition on Jan. 3, 2015. According to the criminal complaint, Cook was prohibited from possessing either firearms or ammunition because he previously has been convicted of multiple felony offenses.
Cook was arrested earlier today on related state charges and currently is in state custody. He will be transferred to federal custody to answer to the federal charge in the criminal complaint.
If convicted of the charge in the criminal complaint, Cook faces up to ten years in federal prison. If the court determines that Cook is an armed career criminal, Cook faces an enhanced sentence of a mandatory minimum of 15 years in prison to a maximum of life imprisonment.
Charges in criminal complaints are mere accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department, the U.S. Marshals Service, the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office and the New Mexico State Police. Assistant U.S. Attorney David M. Walsh is 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.
Christopher Cook Federal Criminal Complaint
Bloomfield Man Sentenced to Forty-Six Months for Involuntary Manslaughter ConvictionRead the Press Release
Defendant Prosecuted as Part of Federal Initiative to Address
the Epidemic Incidence of Violence Against Native WomenALBUQUERQUE – Jasper Fernandez, 40, an enrolled member of the Navajo Nation who resides in Bloomfield, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 46 months in federal prison for his involuntary manslaughter conviction. Fernandez will be on supervised release for three years after completing his prison sentence. Fernandez also was ordered to pay $1,324.16 in restitution to cover funeral expenses for the victim.
Fernandez was arrested on Feb. 22, 2012, on a criminal complaint charging him with the Nov. 4, 2011, murder of a 36-year-old Navajo woman on the Navajo Indian Reservation. Fernandez entered a guilty plea on Dec. 22, 2014 to a felony information charging him with involuntary manslaughter. During the plea hearing, Fernandez admitted that he killed the victim while defending himself from a physical assault by the victim.According to court filings, Fernandez and the victim were both intoxicated when the victim began kicking and punching Fernandez because he criticized her. Fernandez, who lost a tooth as a result of the assault, pushed the victim away too hard and caused her to hit her head against the door pillar of a vehicle and die. In his plea agreement, Fernandez acknowledged that instead of seeking medical attention for the victim or contacting the police, he attempted to conceal his crime by burying the victim’s remains.
The case was investigated by the Albuquerque and Farmington offices of the FBI, the Navajo Nation Department of Public Safety and San Juan County Sheriff’s Office. Assistant U.S. Attorney Paul H. Spiers prosecuted the case.
This 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.
Navajo Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Kameron Lee Frank, 21, an enrolled member of the Navajo Nation who resides in Iyanbito, N.M., pled guilty this morning to an indictment charging him with involuntary manslaughter.
Frank was arrested on July 21, 2014, based on a criminal complaint charging him with involuntary manslaughter. According to the complaint, Frank killed a Navajo man who was a passenger in his vehicle when he crashed and rolled his pickup truck while driving under the influence of alcohol. The crash occurred on May 23, 2014, in a location within the Navajo Indian Reservation in McKinley County, N.M.
During today’s plea hearing, Frank admitted killing the victim by driving recklessly while under the influence of alcohol which rendered him incapable of exercising clear judgment and a steady hand in operating a vehicle. Frank acknowledged that he operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.
Frank faces a statutory maximum penalty of eight years in federal prison. Maximum potential sentences are prescribed by Congress and are provided for informational purposes only. The sentence imposed on Frank will be determined by the court. Frank’s sentencing hearing has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback is prosecuting this case.
Laguna Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Bradford Day, 40, an enrolled member of the Laguna Pueblo who resides in Laguna, N.M., pleaded guilty this morning to an assault resulting in serious bodily injury charge.
Day was arrested on May 6, 2014, on a criminal complaint charging him assault with a deadly weapon and assault resulting in serious bodily injury. According to the complaint, Day assaulted a member of the Acoma Pueblo on April 26, 2014, in a location within Acoma Pueblo in Cibola County, N.M. The complaint alleges that in the early morning hours of April 26, 2014, Day assaulted the victim by throwing a full pint of beer at the victim’s face, causing the victim to suffer bruises, cuts and the loss of three teeth.
During today’s proceedings, Day entered a guilty to a felony information charging him with assault resulting in serious bodily injury. Day admitted assaulting the victim on April 26, 2014, by throwing an unopened bottle of beer at the victim and knocking out three of the victim’s teeth.
At sentencing Day faces a statutory maximum penalty of ten years in federal prison. His sentencing hearing has yet to be scheduled. The maximum potential sentence is prescribed by Congress and is provided for informational purposes only. The sentence imposed will be determined by the court.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Tribal Police Department. Assistant U.S. Attorney David Adams is prosecuting this case.
Taos Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Nathan Mondragon, 28, a member and resident of Taos Pueblo, N.M., pleaded guilty this morning to an indictment charging him with an assault resulting in serious bodily injury. The guilty plea was entered under a plea agreement with the U.S. Attorney’s Office.
Mondragon was arrested on Sept. 23, 2014, on a criminal complaint charging him with assault with a deadly weapon and assault resulting in serious bodily injury. According to the complaint, Mondragon assaulted another Taos Pueblo member on Sept. 14, 2014, in Taos County, N.M., on land owned by the Taos Pueblo Indian Tribe. The complaint alleges that Mondragon stabbed the victim multiple times before fleeing the crime scene. Mondragon was apprehended on Sept. 14, 2014, by New Mexico State Police and held in tribal custody until his arrest on federal charges.
On Oct. 21, 2014, Mondragon was indicted and charged with assault with a dangerous weapon and assault resulting in serious bodily injury.
During today’s proceedings, Mondragon entered a guilty plea to Count 2 of the indictment charging him with assault resulting in serious bodily injury. Mondragon admitted that on Sept. 14, 2014, he assaulted the victim by stabbing him with a knife at a location within Taos Pueblo.
At sentencing Mondragon faces a statutory maximum penalty of ten years in federal prison. He remains in federal custody pending his sentencing hearing which has yet to be scheduled.This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Pueblo Tribal Police Department. Assistant U.S. Attorney David Adams is prosecuting this case.
Bloomfield Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
Defendant Prosecuted as Part of Federal Initiative to Address
the Epidemic Incidence of Violence Against Native WomenALBUQUERQUE – Jasper Fernandez, 40, an enrolled member of the Navajo Nation who resides in Bloomfield, N.M., entered a guilty plea this morning to a felony information charging him with involuntary manslaughter. Under the terms of his plea agreement, Fernandez will be sentenced to a prison term within the range of 37 and 46 months followed by a term of supervised release to be determined by the court.
Fernandez was arrested on Feb. 22, 2012, on a criminal complaint charging him with the Nov. 4, 2011, murder of a 36-year-old Navajo woman on the Navajo Indian Reservation.During today’s plea hearing, Fernandez admitted that he killed the victim while defending himself from a physical assault by the victim. According to the plea agreement, Fernandez and the victim were both intoxicated when the victim began kicking and punching Fernandez because he criticized her. Fernandez, who lost a tooth as a result of the assault, pushed the victim away too hard and caused her to hit her head against the door pillar of a vehicle and die. Fernandez acknowledged that instead of seeking medical attention for the victim or contacting the police, he attempted to conceal his crime by burying the victim’s remains.
Fernandez remains in custody pending his sentencing hearing, which has yet to be scheduled.
The case was investigated by the Albuquerque and Farmington offices of the FBI, the Navajo Nation Department of Public Safety and San Juan County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.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.
Santa Fe Man Pleads Guilty to Federal Tax ChargesRead the Press Release
ALBUQUERQUE – Andre Lewis, 33, of Santa Fe, N.M., pleaded guilty this morning to federal tax offenses, announced Acting U.S. Attorney Damon P. Martinez and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Lewis was arrested in May 2014, on an eleven-count indictment. Count 1 of the indictment charged Lewis with conspiracy to defraud the IRS, and Count 2 charged him with making a materially false statement to a federal officer. Counts 3 through 11 charged Lewis with preparing and aiding and abetting the preparation and filing of false tax returns. Lewis committed the offenses between Feb. 2009 and Aug. 2009 in Bernalillo, County, N.M.According to the indictment, from Feb. to July 2009, Lewis conspired with others to defraud the IRS by preparing and filing fraudulent claims for tax refunds. Lewis and his co-conspirators perpetuated the scheme by obtaining the names, identifiers and W-2 Forms for federal taxpayers, and using that information to electronically file federal income tax returns included either false claims for the First Time Home Buyer Credit or false withholding information. Lewis and his conspirators thus obtained tax refunds to which they were not entitled from the IRS.
This morning, Lewis entered guilty pleas to Counts 1 and 3 of the indictment charging him with conspiracy and aiding and abetting the preparation of a false and fraudulent tax return. In his plea agreement, Lewis admitted filing a false tax return in Feb. 2009, by which he fraudulently obtained $16,024.14 from the IRS by misrepresenting his tax withholdings. Lewis also admitted that in 2009 he was involved in filing at least ten false tax returns and fraudulently receiving refunds based on those returns. In his plea agreement, Lewis admitted defrauding the IRS of an aggregate of $118,470.76 through this unlawful scheme.
Lewis has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Lewis faces a statutory maximum penalty of five years on Count 1 and a statutory maximum penalty of three years on Count 3.
Two of Lewis’s co-conspirators previously have entered guilty pleas to federal tax charges in related cases. Jerry Gurule, 33, of Albuquerque, N.M., pled guilty on July 24, 2014, to assisting in the preparation of the preparation and filing of a false tax return. Gurule was sentenced on Dec. 10, 2014, to four years of probation with eight months of home confinement and was ordered to pay $69,070.19 in restitution to the IRS. Also on July 24, 2014, Lawrence Jaramillo, 33, of Bosque Farms, N.M., pled guilty to conspiracy and to assisting in the preparation of the preparation and filing of a false tax return. Jaramillo is scheduled for sentencing on Jan. 13, 2015.
These cases were investigated by IRS Criminal Investigation in Albuquerque and are being prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Pine Hill Man Sentenced to Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Joseph Paddock, 21, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., was sentenced this morning to a year in federal prison followed by three years of supervised release.
Paddock was arrested on April 28, 2014, on a criminal complaint charging him with assault, and subsequently was charged in an indictment with assault with a dangerous weapon. According to court filings, Paddock assaulted the victim, a security guard employed by the Ramah Navajo School Board, by cutting him with a knife on April 18, 2014, at a location within the Navajo Indian Reservation.
On Aug. 27, 2014, Paddock entered a guilty plea to the indictment and admitted that on April 18, 2014, he assaulted the victim with a knife with the intent of causing bodily harm. Paddock acknowledged that as a result of the assault, the victim sustained injuries that required multiple stitches.
This case was investigated by the Ramah Navajo Police Department and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Jicarilla Apache Man Sentenced to Fifty Months in Federal Prison for Assault ConvictionRead the Press Release
Defendant Prosecuted as Part of Federal Initiative to Address
the Epidemic Incidence of Violence Against Native WomenALBUQUERQUE – Robert Yazzie, Jr., 49, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced this afternoon for his conviction on a federal assault charge arising out of a violent attack on his intimate partner. Yazzie will serve 50 months in federal prison followed by two years of supervised release.
Yazzie was arrested on May 27, 2014, on an indictment charging him with assault resulting in serious bodily injury. The indictment alleged that Yazzie assaulted the victim on May 17, 2013, and caused her to suffer serious bodily injury.On July 24, 2014, Yazzie pled guilty to the indictment and admitted assaulting his intimate partner by hitting her in the face and head multiple times with a closed fist. Yazzie acknowledged that as a result, the victim sustained bilateral nasal bone fractures and hematomas to the head and face. The assault occurred within the Jicarilla Apache Reservation.
This case was investigated by the Jicarilla Apache Tribe Police Department and was prosecuted by Assistant U.S. Attorney David Adams.
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.
Former Executive Director of Gallup Housing Authority and Accomplice Sentenced to Federal Prison for Convictions on Fraud and Theft ChargesRead the Press Release
ALBUQUERQUE – The former Executive Director of the Gallup Housing Authority and an accomplice were sentenced this morning to federal prison for their convictions arising out of a scheme to defraud the United States and the U.S. Department of Housing and Urban Development (HUD) of more than $100,000.00.
Danny Garcia, 39, formerly of Gallup, N.M., and now residing in Snowflake, Ariz., was sentenced to 20 months in prison followed by three years of supervised release. His co-defendant, Michael Virruso, 62, of Gallup, N.M., was sentenced to 18 months in prison followed by three years of supervised release. Garcia also was ordered to pay $105,000.00 in restitution, including $75,000.00 that must be paid jointly by Garcia and Virruso.
The sentences were announced by U.S. Attorney Damon P. Martinez, Phyllis Robinson, Special Agent in Charge of Region 6, HUD Office of Inspector General, and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.
Garcia and Virruso were indicted in Aug. 2013, on one count of conspiracy and eight counts of making false claims against the United States. Garcia also was charged with three counts of theft from programs receiving federal funds. According to the indictment, between June 2010 and Oct. 2012, Garcia and Virruso engaged in a scheme to steal federal funds provided by HUD to the Gallup Housing Authority (GHA). HUD is a federal agency whose core mission is to make quality, affordable housing accessible to all Americans. HUD oversees and funds programs designed to provide affordable housing for low-income Americans. One such program, the Capital Fund Program (CFP), provides grants to public housing agencies for the purpose of making improvements to public housing developments. GHA is a public housing agency that receives approximately $400,000.00 in CFP grants each year and Garcia was the Executive Director of GHA at the time of the offenses charged in the indictment.
As Executive Director of GHA, Garcia was responsible for selecting contractors to carry out GHA projects, reviewing and approving invoices payable by GHA, and requesting HUD funds to pay for GHA projects. According to the indictment, in summer 2010, Garcia awarded a contract to remove and replace sidewalks in a GHA housing development to a construction company that employed Virruso and appointed Virruso to act as safety inspector. While working on the project, Virruso submitted invoices to GHA for work performed by the company and for which the company received payment. Garcia used GHA funds to pay Virruso’s invoices and then obtained reimbursement from HUD’s CFP. Virruso and Garcia then formed a company together, MCL Construction. Virruso submitted a fraudulent invoice from MCL to Garcia, who approved the invoice for payment from HUD funds, and both men collected a share of the proceeds. Virruso fraudulently received more than $75,000.00 through this scheme. In addition, Garcia embezzled more than $15,000.00 of HUD funds by misusing a GHA debit card.
On July 8, 2014, both men entered guilty pleas to Counts 1 and 9 of the indictment charging them with conspiracy to commit false claims against the United States and false claims against the United States. Garcia also pleaded guilty to Count 10 of the indictment charging him with theft from a program receiving federal funds. In their respective plea agreements, Garcia and Virruso each admitted participating in the unlawful scheme described in the indictment. Garcia also admitted embezzling GHA funds by making personal purchases exceeding $5,000.00 per year using a debit card linked to a GHA bank account.“The sentencing today of Danny Garcia and Michael Virruso should send a strong message to anyone who serves in a position of public trust that abuses for the purpose of personal enrichment will be vigorously investigated to ensure they are brought to justice and debarred from future participation in government programs,” said Phyllis G. Robinson, Special Agent in Charge, Office of Inspector General, U.S. Department of Housing and Urban Development.
U.S. Attorney Damon P. Martinez commended Region 6, HUD Office of Inspector General and the Albuquerque Division of the FBI, who investigated the case, and Assistant U.S. Attorney Jeremy Peña, who prosecuted the case.
Former Bank of the West Employee Arraigned on Federal Embezzlement and Identity Theft ChargesRead the Press Release
Defendant Charged with Embezzling Money from Bank of the West,
Two Indian Tribal Organizations and Several Individual Account HoldersALBUQUERQUE – Angela Giddings, 37, of Albuquerque, N.M., was arraigned this morning on a 22-count indictment charging her with embezzlement by a bank employee, embezzlement from Indian tribal organizations, and aggravated identity theft. Giddings entered a not guilty plea during today’s arraignment hearing and was released on conditions of release and pretrial services supervision pending trial, which has yet to be scheduled.
The indictment charges Giddings with 12 counts of embezzlement by a bank employee; six counts of embezzlement from Indian tribal organizations; and four counts of aggravated identity theft. The indictment alleges that Giddings committed these crimes in Bernalillo County, N.M., between Feb. 2, 2013, and July 18, 2014. At the time, Giddings was employed as a customer services manager for Bank of the West.
According to the indictment, Giddings embezzled funds entrusted to the bank by withdrawing and transferring funds from the accounts of customers without authorization and for her own use. The indictment alleges that Giddings’ allegedly unlawful withdraws and transfers ranged from $15,000.00 to $60,000.00. It also alleges that the victims of Giddings’ criminal conduct included the To’hajilee Community School Board and the Cañoncito Band of Navajos. The aggravated identity theft charges allege that Giddings used the names, addresses, and personal identifiers of individuals to commit felony offenses.
If convicted, Giddings faces a statutory maximum penalty of 30 years in prison on each of the 12 embezzlement by a bank employee charges; a statutory maximum penalty of five years in prison on each of the six embezzlement from an Indian tribal organization charges; and a mandatory two-year term of imprisonment on each of the four identity theft charges that must be served consecutive to any sentence imposed on the embezzlement charges. The indictment also includes forfeiture provisions that seek forfeiture to the United States of money and property constituting, or derived from, the proceeds of Giddings’ alleged criminal activity.
Charges in indictments are merely accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and the Office of Inspector General of the Federal Deposit Insurance Corporation, and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.
Albuquerque Man Sentenced to Twenty Years for Conviction on Robbery, Carjacking and Firearms ChargesRead the Press Release
Co-Defendant Previously Sentenced to Eighteen Years in Prison;
Case Prosecuted Under Federal “Worst of the Worst” Anti-Violence InitiativeALBUQUERQUE – Joel Meeks, 21, of Albuquerque, N.M., was sentenced late this afternoon to 20 years in federal prison for his conviction on robbery, carjacking and firearms charges. Meeks will be on supervised release for three years after completing his prison sentence. His co-defendant, Raul Ortega, 22, also of Albuquerque, previously was sentenced in Aug. 2014, to 18 years in federal prison followed by three years of supervised release. The two men jointly are required to pay $2,482.04 in restitution to the victims of their criminal conduct.
The sentences were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque office of the FBI, and Chief Gorden Eden, Jr., of the Albuquerque Police Department
Meeks and Ortega were arrested in April 2013, on an eight-count indictment charging the pair with offenses stemming from a series of armed robberies of commercial businesses and home invasions, including armed robbery and carjacking, occurring in Bernalillo County, N.M., from Dec. 6, 2012 to Jan. 17, 2013. According to court filings, Meeks robbed a business called “Up in Smoke” at gunpoint on Dec. 6, 2012. Meeks also robbed a business called “PDQ” at gunpoint on Dec. 7, 2012, and discharged his firearm while committing the crime. Meeks and Ortega jointly committed two carjackings on Jan. 13, 2013 and Jan. 17, 2013, and brandished firearms while committing those crimes.
On April 1, 2014, Meeks entered guilty pleas to Counts 3 and 4 of the indictment, which charged him with robbing the PDQ store on Dec. 7, 2012, and with discharging a firearm while robbing the store. He also pled guilty to Counts 5 and 7, which charged him with the Jan. 13, 2013 carjacking and Jan. 17, 2013 carjacking, respectively.
On Feb. 19, 2014, Ortega pled guilty to Counts 5 and 7 of the indictment, which charged him with the Jan 13, 2013 and Jan. 27, 2013 carjackings. He also pled guilty to Count 6, which charged him with using a firearm during the Jan 13, 2013 carjacking.
This case was brought who brought this case as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. This initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under the worst of the worst anti-violence 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 our communities for as long as possible.This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office and was prosecuted by Assistant U.S. Attorney Jon K. Stanford.
Las Cruces Man Sentenced to Eight Years in Federal Prison for Unlawful Possession of a FirearmRead the Press Release
Manzanares Prosecuted as Part of Federal “Worst of the Worst” Anti-Violence Initiative
ALBUQUERQUE – George Arthur Manzanares, 44, of Las Cruces, N.M. was sentenced this morning in Las Cruces federal court to 96 months in federal prison for violating the federal firearms laws. Manzanares will be on supervised release for three years after completing his term of incarceration.
Manzanares was arrested in Mar. 2013, on a criminal complaint charging him with being a felon in possession of a firearm. The complaint alleged that Manzanares unlawfully possessed a firearm and ammunition from Sept. 30, 2011 through Dec. 5, 2011, in Doña Ana County, N.M. At the time, Manzanares was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses, including aggravated assault with a deadly weapon and trafficking a controlled substance. In Sept. 2013, Manzanares was indicted and charged with three counts of being a felon in possession of a firearm.
On April 9, 2014, Manzanares entered a guilty plea to the three-count indictment and admitted unlawfully possessing firearms and ammunition on Sept. 30, 2011, Oct. 19, 2011, and Dec. 5, 2011. In his plea agreement, Manzanares admitted selling firearms and ammunition to an undercover agent on each of the three dates.
This case was investigated by the Southern New Mexico Gang Task Force of the Las Cruces office of the FBI and the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
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.
Final Defendant Charged in Curry County Drug Trafficking Ring Enters Guilty PleaRead the Press Release
ALBUQUERQUE – Tina Tafoya, 33, of Clovis, N.M., pleaded guilty today to participating in a methamphetamine trafficking conspiracy in Curry County, N.M. Tafoya is the last of four defendants to enter a guilty plea in this case.Tafoya and her three co-defendants, Christopher Jason Kidd, 38, and John Jesse Perez, Jr., 45, both of Clovis, N.M., and Jeannette Driever, 37, of Grady, N.M., were indicted in Feb. 2014, on federal methamphetamine trafficking charges. Count 1 of the three-count indictment charged that the four defendants conspired to distribute methamphetamine in Curry County, N.M., between Sept. 2013 and Nov. 2013. Count 2 charged Kidd and Tafoya with possession of methamphetamine with intent to distribute on Nov. 6, 2013, and Count 3 charged Driever and Perez with possession of methamphetamine with intent to distribute on that same day.
In entering her guilty plea, Tafoya admitted conspiring with Kidd, Driever and Perez to distribute methamphetamine in Curry County in fall of 2013. Tafoya has been in federal custody since her arrest. She remains in custody pending her sentencing hearing which has yet to be scheduled. Under the terms of her plea agreement, Tafoya will be sentenced to 78 months in federal prison followed by five years of supervised release.
Kidd entered his guilty plea on Nov. 17, 2014, and admitted conspiring with his co-defendants to distribute methamphetamine in Curry County. Kidd admitted that he and Tafoya supplied quantities of methamphetamine to others, including Driever and Perez, who resold the methamphetamine in smaller quantities to users. According to Kidd’s plea agreement, on Nov. 9, 2013, Kidd and Tafoya supplied a pound of methamphetamine to Driever and Perez. On that day, Kidd and Tafoya possessed another half-pound of methamphetamine at their residence. The methamphetamine was seized later that day pursuant to search warrants.
Driever and Perez entered guilty pleas to federal drug trafficking charges on Nov. 20, 2014. Each pleaded guilty to participating in a conspiracy to distribute methamphetamine in Curry County. Driever admitted that she and Perez obtained quantities of methamphetamine from Kidd and Tafoya that they distributed to others. Perez acknowledged participating in a methamphetamine trafficking conspiracy that involved Driever, Kidd, Tafoya and others.
Tafoya’s co-defendants will be sentenced to the following terms of incarceration under the terms of their respective plea agreements: Kidd will serve 78 months; Driever will serve 60 months; and Perez will serve 36 months. Each will serve a five year term of supervised release after completing his or her prison sentence. All three remain in custody pending their sentencing hearings, which have not been scheduled.
This case was investigated by the Las Cruces Agency Office of the FBI’s Albuquerque Division, the Region V Drug Task Force and the New Mexico State Police, with assistance from the Ninth Judicial District Attorney’s Office. The Region V Drug Task Force is comprised of the Clovis Police Department, the Portales Police Department, Curry County Sheriff’s Office and the Roosevelt County Sheriff’s Office. Assistant U.S. Attorney Nicholas Jon Ganjei is prosecuting the case.California Man Sentenced to Ten Years in Federal Prison for Transporting PCP on a Greyhound BusRead the Press Release
ALBUQUERQUE – Randall Wheeler, Jr., 30, of Los Angeles, Calif., was sentenced this afternoon to ten years in federal prison followed by four years of supervised release for his drug trafficking conviction.
Wheeler was arrested in Albuquerque, N.M., on Jan. 23, 2014, on a criminal complaint alleging a drug trafficking charge. According to the criminal complaint, Wheeler possessed phencyclidine (PCP) with intent to distribute on Jan. 22, 2014, in Bernalillo County, N.M. Wheeler subsequently pled guilty on Sept. 17, 2014, to a felony information charging him with possession with intent to distribute.According to the plea agreement, Wheeler admitted that on Jan. 22, 2014, he was on a Greyhound bus that made a routine stop in Albuquerque, N.M. During the stop, a DEA agent approached him, identified himself as law enforcement, and asked permission to speak with him. Wheeler agreed and permitted the agent to search his bags. The search revealed two bottles concealed within Wheeler’s suitcases which were found to contain PCP.
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. The case was prosecuted by Assistants U.S. Attorney Linda Mott and Rumaldo A. Armijo.
Albuquerque Man Sentenced to Ten Years for Using a Firearm in Furtherance of Drug Trafficking CrimeRead the Press Release
Chavez Prosecuted as Part of Federal “Worst of the Worst” Anti-Violence Initiative
ALBUQUERQUE – Ronald Lewis Chavez, 46, of Albuquerque, N.M., was sentenced yesterday afternoon to ten years in federal prison for his conviction for using a firearm in furtherance of a drug trafficking crime. He will be on supervised release for five years after he completes his prison sentence.
Chavez was arrested on Jan. 27, 2014, on a criminal complaint charging him with possession of methamphetamine with intent to distribute and possession of a firearm by a convicted felon. Chavez subsequently was indicted in Feb. 2014, charging him with possession with intent to distribute methamphetamine, using a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm and ammunition.
According to court filings, law enforcement officers seized a handgun found underneath the mattress of Chavez’ bed and ammunition concealed in two black boxes next to the bed when they executed a search warrant at his residence in southwest Albuquerque on Jan. 24, 2014. Officers also seized plastic bags containing methamphetamine from a fanny pack buckled around Chavez’ torso.
Chavez pled guilty on Sept. 15, 2014, to using a firearm in furtherance of a drug trafficking crime. He admitted possessing a semiautomatic pistol during and in relation to a drug trafficking crime. Chavez also admitted to possessing methamphetamine with intent to distribute.
Chavez 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.
This case was investigated by the Albuquerque offices of the DEA and the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Louis E. Valencia prosecuted the case.
Sandia Pueblo Man Pleads Guilty to Assaulting Tribal Police OfficerRead the Press Release
ALBUQUERQUE – Ricardo Lamagna, 21, a member and resident of Sandia Pueblo, N.M., pleaded guilty this morning to a felony information charging him with an assault with a dangerous weapon charge under a plea agreement with the U.S. Attorney’s Office.
Lamagna was arrested on Aug. 8, 2014, on a criminal complaint charging him with assaulting a tribal police officer with a deadly weapon. According to the criminal complaint, Lamagna assaulted an officer of the Pueblo of Sandia Tribal Police Department in the early hours of Aug. 5, 2014, by firing a gun in the vicinity of the tribal police officer. The assault occurred on Sandia Pueblo in Bernalillo County, N.M., after the tribal officer responded to a domestic violence call from Lamagna’s residence. The tribal police officer was not injured.
During today’s proceedings, Lamagna entered a guilty plea to an assault with a deadly weapon charge, and admitted assaulting a tribal police officer with a handgun on Aug. 5, 2014. At sentencing, Lamagna faces a statutory maximum penalty of ten years in federal prison. His sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI with assistance from the Pueblo of Sandia Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney David Adams.
Prior Felon from Roswell Sentenced to Nine Years for Conviction on Federal Firearms and Drug Trafficking ChargesRead the Press Release
Lariva Prosecuted as Part of Federal “Worst of the Worst” Anti-Violence Initiative
ALBUQUERQUE – Raymond Lariva, 31, of Roswell, N.M., was sentenced late yesterday afternoon in federal court in Las Cruces, N.M., to 111 months (9.25 years) in prison followed by three years of supervised release for his conviction on firearms and drug trafficking charges. The sentence was announced by U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Phil Smith of the Roswell Police Department.Lariva 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.
Court records reflect that Lariva was arrested in Roswell on state charges on Dec. 31, 2012, after he attempted to avoid capture on an outstanding state warrant. On Oct. 15, 2013, Lariva was transferred to federal custody to face related federal charges in a criminal complaint that had been filed in Jan. 2013. The state charges subsequently were dismissed in favor of federal prosecution.
According to court filings, on Dec. 31, 2012, an officer of the Roswell Police Department came upon Lariva while responding to a call. The officer, who recognized Lariva and was aware of a pending warrant for his arrest, attempted to make contact with Lariva. Lariva took off running and a foot chase ensued. During the chase, Lariva threw a small black pouch over his shoulder followed by a phone case, identification card and other items. After Lariva was arrested, officers retrieved the black pouch which held numerous small baggies containing methamphetamine. On Jan. 3, 2013, after reviewing recorded telephone calls made by Lariva while in state custody, officers found a loaded pistol and Lariva’s cellphone on the rooftop of a building in the area in which the pursuit had taken place.
Lariva was indicted on Jan. 15, 2014, and charged with (1) being a felon in possession of a firearm and ammunition; (2) using and carrying a firearm during and in relation to a drug trafficking crime; and (3) possession of methamphetamine with intent to distribute. The indictment alleged that Lariva committed the offenses charged in Chaves County, N.M., on Dec. 31, 2012. At the time, Lariva was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery, possession of a controlled substance, conspiracy to commit burglary, and being a felon in possession of a firearm.
On July 29, 2014, Lariva entered a guilty plea to the three-count indictment. The guilty plea was entered without the benefit of a plea agreement.This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department with assistance from the 5th Judicial District Attorney’s Office. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Chinese National Pleads Guilty to Conspiring to Violate Arms Export Control ActRead the Press Release
ALBUQUERQUE – Wentong Cai, 30, a Chinese national in the United States on a student Visa, pleaded guilty this morning to conspiracy to violate the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR) by scheming illegally to export defense articles with military application to the People’s Republic of China. The guilty plea was announced by Damon P. Martinez, U.S. Attorney for the District of New Mexico, and Tom Hernandez, Acting Special Agent in Charge of Homeland Security Investigations (HSI) in El Paso, Texas.
During today’s change of plea hearing, Wentong Cai pled guilty to Count 3 of a superseding indictment charging him and his cousin, Bo Cai, 29, also a Chinese national, with a scheme to illegally export sensors primarily manufactured for sale to the U.S. Department of Defense for use in high-level applications, such as line-of-sight stabilization and precision motion control systems. The Arms Export Control Act and the ITAR prohibit the export of defense-related materials from the United States without obtaining a license or written approval from the U.S. Department of State.
In his plea agreement, Wentong Cai admitted that from March 2012 to Dec. 2013, he conspired illegally to export sensors from the United States to China without first obtaining the required export license. At the time, Wentong Cai was a graduate student at Iowa State University studying microbiology and Bo Cai was employed by a technology company in China. According to the plea agreement, Wentong Cai and Bo Cai embarked on an illegal scheme to smuggle sensors out of the United States to China for one of Bo Cai’s customers despite knowledge that the sensors could not be exported without a license and that the United States did not issue licenses to export the sensors to China. As part of the scheme, Bo Cai enlisted Wentong Cai to acquire the sensors under the ruse that he planned to use the sensors in his research at Iowa State University.
Court filings indicate that the investigation of this case began in Oct. 2013, when an undercover HSI agent responded to Wentong Cai’s overtures. After negotiations by telephone and email, Bo Cai and Wentong Cai traveled to New Mexico in Dec. 2013, where they obtained a sensor from undercover HSI agents and developed a plan for smuggling the sensor out of the United States to China. On Dec. 11, 2013, Bo Cai was arrested at an airport in Los Angeles, Calif., as he was preparing to board a flight to China after the sensor was discovered concealed in a computer speaker in his luggage. Wentong Cai subsequently was arrested on Jan. 22, 2014, in Ames, Iowa.
Wentong Cai is in federal custody and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Wentong Cai will be sentenced to 18 months of imprisonment. He will be deported to China after he completes his prison sentence.
Bo Cai pleaded guilty on July 23, 2014, to all three-counts of the superseding indictment charging him with violating the Arms Export Control Act, smuggling, and conspiracy. Bo Cai is in federal custody and remains detained pending his sentencing hearing. He faces a statutory maximum penalty of 20 years in prison on the Arms Export Control Act charge, ten years in prison on the smuggling charge, and five years on the conspiracy charge. Under the terms of his plea agreement, Bo Cai will be deported after completing his prison sentence.
The Albuquerque office of HSI led the investigation of this case with assistance from the U.S. Air Force Office of Special Investigations, the Defense Security Service, HSI in Iowa and Los Angeles, Calif., and the FBI. Iowa State University cooperated throughout with HSI’s investigation. Assistant U.S. Attorneys Dean S. Tuckman and Fred J. Federici of the District of New Mexico are prosecuting the case with assistance from Deputy Chief Deborah Curtis and Trial Attorneys David Recker and Brian Fleming of the Justice Department’s National Security Division, Counterespionage Section, the U.S. Attorney’s Office for the Central District of California and the U.S. Attorney’s Office for the Southern District of Iowa.
Navajo Man from Colorado Pleads Guilty to Federal Child Abuse Charge in New MexicoRead the Press Release
ALBUQUERQUE – Staffred Kai Begay, 42, of Durango, Colo., pleaded guilty today to a federal child abuse charge under a plea agreement with the U.S. Attorney’s Office.
Begay was arrested on Aug. 12, 2014, on a criminal complaint charging him with child abuse. According to the criminal complaint, on Aug. 7, 2014, a Navajo Indian juvenile (victim) called the authorities to report that Begay was assaulting the victim’s mother at a residence located on the Navajo Nation Indian Reservation in San Juan County, N.M. Officers of the Navajo Nation Division of Public Safety responded to the call, but found no one at the residence. The officers responded to a second call in the early morning hours of Aug. 8, 2014, and learned that Begay struck the victim with an axe and broke the victim’s arm.
Today Begay pled guilty to an indictment charging him with abuse of a child resulting in serious bodily injury. In entering the guilty plea, Begay admitted that on Aug. 7, 2014, he put a child in a situation that endangered the child’s life and resulted in serious bodily injury to the child.
At sentencing, Begay faces a statutory maximum penalty of three years in prison. 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 and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.