District of New Mexico
Press releases recorded for this federal judicial district.
Statement by Department of Justice Regarding Albuquerque City Council VoteRead the Press Release
ALBUQUERQUE – The Department of Justice commends the Albuquerque City Council for its historic vote unanimously endorsing the settlement agreement on use of force by the Albuquerque Police Department. Yesterday’s vote affirmed the Council’s partnership in pursuing sustainable reforms that will ensure constitutional and effective policing, promote greater trust between officers and the communities they serve, and protect officer and public safety. The Department looks forward to filing the settlement agreement in court and starting these essential reforms.
Statement by Department of Justice Regarding Albuquerque City Council VoteRead the Press Release
ALBUQUERQUE – The Department of Justice commends the Albuquerque City Council for its historic vote unanimously endorsing the settlement agreement on use of force by the Albuquerque Police Department. Yesterday’s vote affirmed the Council’s partnership in pursuing sustainable reforms that will ensure constitutional and effective policing, promote greater trust between officers and the communities they serve, and protect officer and public safety. The Department looks forward to filing the settlement agreement in court and starting these essential reforms.
Navajo Woman from Colorado Pleads Guilty to Federal Child Abuse Charge in New MexicoRead the Press Release
ALBUQUERQUE – Loreena Ann Yazzie, 27, an enrolled member of the Navajo Nation who resides in Durango, Colo., pled guilty this morning in federal court in Albuquerque, N.M., to a child abuse charge.
Yazzie was arrested on April 7, 2014, on a criminal complaint alleging an assault charge. According to the criminal complaint, Yazzie injured an infant who was a passenger in a vehicle she was driving when Yazzie caused a single-car collision by falling asleep at the wheel. Yazzie allegedly was intoxicated at the time of the collision. The collision occurred on April 2, 2014, south of Shiprock, N.M., which is located within the Navajo Indian Reservation. Yazzie subsequently was indicted and charged with assault resulting in serious bodily injury and child abuse.
During today’s plea hearing, Yazzie entered a guilty plea to the child abuse charge and admitted placing a child in a situation that endangered the child’s life or health.
Under the terms of the plea agreement, Yazzie will be sentenced to a term of probation to be determined by the court. Yazzie’s sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington Resident Agency of the FBI’s Albuquerque Division and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.Navajo Man Sentenced to Federal Prison for Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Fanderick Chiquito, 23, an enrolled member of the Navajo Nation who resides in Upper Fruitland, N.M., was sentenced to 16 months in federal prison for his involuntary manslaughter conviction. Chiquito will be on supervised release for three years after completing his prison sentence.
Chiquito was arrested on Dec. 31, 2013, on a criminal complaint alleging that he killed a Navajo woman on Dec. 23, 2013, while driving under the influence of alcohol in a location within the Navajo Indian Reservation. According to court filings, Chiquito caused a three-vehicle collision near mile marker 25 on Navajo Route 36 when he tried to pass a line of vehicles and struck another vehicle head on while driving in the oncoming lane. Both vehicles spun out of control on impact and one of the vehicles struck a third vehicle. The victim, a passenger in Chiquito’s vehicle, died of internal injuries she sustained during the collision. After Chiquito was treated for minor injuries, he was arrested on tribal charges based on blood test results indicating a .29 BAC.
On Jan. 22, 2014, Chiquito was charged with involuntary manslaughter in federal court. The indictment alleged that Chiquito killed the victim while driving a vehicle under the influence of intoxicating liquor and operating a vehicle carelessly and in wanton disregard for the rights and safety of others.
On April 1, 2014, Chiquito pleaded guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Farmington Resident Agency of the FBI’s Albuquerque Division and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Former Corrections Supervisor Pleads Guilty to Charges of Sexual Assault of Female Inmates in His CustodyRead the Press Release
ALBUQUERQUE – John Greene, 70, a former captain at the Gallup-McKinley Adult Detention Center (GMADC), entered a guilty plea to charges related to the sexual assaults of female inmates in his custody. Greene pleaded guilty to three counts of violating each of the victim’s right to bodily integrity by engaging in sexual contact against their will. Greene also pleaded guilty to two counts of making material false statements to the FBI when he denied both touching the breasts of one female inmate and having personal contact with another female inmate.
According to court documents, Greene admitted that in his capacity as a captain at GMADC, he had regular access to female inmates when he accompanied them to court hearings, transported them to other facilities, and had them brought to his office. This regular access gave him the opportunity to engage in unwanted sexual contact with three different women in December 2008 and January 2009. Greene committed these acts, knowing it was wrong, against the law and without the victims’ consent, but he did so anyway for his own gratification.
Greene also admitted that he lied to the FBI about his conduct on two occasions.
Under the terms of the plea agreement, Greene will be sentenced to five years of probation. As part of the plea agreement, Greene will forfeit his law enforcement certification and must comply with sex offender registration requirements.
A sentencing hearing has not yet been set.
This case is being investigated by the Gallup Resident Agency of the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Holland S. Kastrin for the District of New Mexico and Fara Gold of the Civil Rights Division of the U.S. Department of Justice.Non-Indian Man Sentenced to Ten Years for Conviction on Assault and Firearms Charges Arising Out of Shooting at Isleta Pueblo ResidenceRead the Press Release
ALBUQUERQUE – Federico Lujan, 27, of Serafina, N.M., was sentenced this morning to ten years and two days in federal prison followed by two years of supervised release for his conviction on assault and firearms charges. The sentence was announced by U.S. Attorney Damon P. Martinez, Acting Special Agent in Charge William McClure, of District IV of BIA’s Office of Justice Services, and Chief Kevin Mariano of the Isleta Pueblo Tribal Police Department.
Lujan, a non-Indian man, was arrested on July 5, 2012, on a criminal complaint alleging aggravated assault charges arising out of the discharging of a rifle while threatening and menacing two Isleta Pueblo women and ten children in an Isleta Pueblo residence. Lujan subsequently was indicted and charged with two counts of aggravated assault and one count of discharging a firearm in relation to a crime of violence.
On Feb. 21, 2014, a federal jury returned a verdict finding Lujan guilty on all three counts of the indictment after a four-day trial. The trial evidence established that on the morning of July 5, 2012, Lujan drove to the victims’ residence armed with a .22 caliber rifle loaded with a high-capacity magazine carrying almost 50 rounds of ammunition. After Lujan got out of his vehicle with the loaded rifle, one of the two adult victims peered out the window to see a stranger with a rifle standing in her yard. The adult victim heard shots fired as she ran to get the children who were in the residence to safety.
While one adult victim stayed in the home to protect the ten children who were in the home, the other adult victim went outside to try to defuse the situation. While speaking to Lujan, the victim learned that Lujan was shooting at the residence because someone had taken his baseball cap from him the night before and he believed the cap was inside the residence. When the victim denied knowing about the baseball cap, Lujan pointed the rifle at her, threatened to kill her, and fired his rifle again but did not hit the victim. As Lujan drove away, the victim got the license plate number for Lujan’s vehicle. Lujan was arrested shortly thereafter by tribal police officers who were responding to a call from the victims. Following the arrest, the officers found a rifle in Lujan’s vehicle.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department, with assistance from the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI’s crime lab in Quantico, Va., and was prosecuted by Assistant U.S. Attorney Holland S. Kastrin and former Assistant U.S. Attorney Mark T. Baker.
Gallup Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Calvin Frank Joe, 41, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pleaded guilty this morning to a federal involuntary manslaughter charge. Under the terms of his plea agreement, Joe will be sentenced to 42 months in federal prison followed by three years of supervised release.
Joe was arrested on Feb. 19, 2014, on an indictment charging him with second degree murder. The indictment alleged that Joe killed another Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on April 18, 2013.
During today’s hearing, Joe entered a guilty plea to a felony information charging him with involuntary manslaughter. In his plea agreement, Joe admitted assaulting the victim by striking, beating and wounding him, and acknowledged that the assault resulted in the victim’s death.
Joe has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
The case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.Deming Oncologist Pleads Guilty to Introducing “Misbranded” Drugs into Interstate CommerceRead the Press Release
Plea Agreement Requires Dr. Aswad to Serve Three Years of Probation,
Pay $1,298,543.00 in Restitution, and Forfeit $750,000ALBUQUERQUE – Mohamed Basel Aswad, M.D., entered a guilty plea this afternoon in federal court in Las Cruces, N.M., to a misdemeanor information charging him with the unlawful introduction of misbranded drugs into interstate commerce. The guilty plea was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Catherine Hermsen of the Food and Drug Administration (FDA) Office of Criminal Investigations.
Under the terms of the plea agreement, Dr. Aswad will be sentenced to three years of probation, and will be required to pay $1,298,543.00 in restitution to Medicare and Tricare, the victims of his criminal conduct. Dr. Aswad also will be required to forfeit $750,000.00, an amount representing part of his net criminal proceeds, to the United States.Pursuant to the Food, Drug, and Cosmetic Act (FDCA), the FDA regulates the manufacture, labeling and distribution of prescription drugs shipped or received in interstate and foreign commerce as part of its mission to protect the health and safety of the American public. The FDCA requires businesses, whether domestic or foreign, who manufacture prescription drugs for sale and use in the United States to register with the FDA and to cooperate with the FDA. Under the FDCA, a prescription drug is “misbranded” if it is manufactured in an establishment not registered with the FDA for commercial distribution within the United States. A drug also is “misbranded” if the labeling bears inadequate directions for use.
According to court filings, Dr. Aswad is a board certified oncologist who has maintained a medical practice in Deming, N.M., since 2007, where he treats cancer patients. As part of his medical practice, Dr. Aswad purchased all prescription drugs, including chemotherapy drugs, administered to his patients. Between July 2010 and April 2012, Dr. Aswad ordered prescription cancer drugs from a Canadian company that shipped “misbranded” unapproved prescription drugs to Dr. Aswad, and Dr. Aswad administered the misbranded drugs to his patients. Altuzan, a chemotherapy prescription drug, is one of the “misbranded” drugs Dr. Aswad ordered from the Canadian company.
In entering his guilty plea, Dr. Aswad admitted that on March 7, 2012, he ordered Altuzan from a Canadian company and the drug was shipped to his medical practice in Deming. Dr. Aswad acknowledged that the Altuzan did not bear adequate directions for us because the packaging inserts were in Turkish. Dr. Aswad acknowledged that the Altuzan was “misbranded” and came from a foreign company not registered by the FDA. Dr. Aswad also acknowledged that, when the FDA executed a search warrant at his clinic on April 10, 2012, they seized the Altuzan as well as other similarly “misbranded” chemotherapy drugs that he possessed at his medical practice. Dr. Aswad admitted that his sale of “misbranded” prescription drugs amounted to approximately $1,298,543 in proceeds.
“Serious consequences can result when those entrusted with caring for cancer patients put personal gain ahead of all other considerations,” said Special Agent in Charge Catherine Hermsen, FDA Office of Criminal Investigations. “Our office will continue to work to bring to justice all those who violate federal laws that promote public health.”
U.S. Attorney Damon P. Martinez commended the investigative work of the FDA Office of Criminal Investigations and Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office, who is prosecuting the case.Arizona Man Sentenced to Ten Years for Federal Child Sexual Exploitation Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Noah John Carney, 20, of Phoenix, Ariz., was sentenced today in federal court in Las Cruces, N.M., to ten years imprisonment for attempting to induce a minor to produce child pornography. Carney will be on supervised release for ten years after he completes his prison sentence. He also will be required to register as a sex offender.
Carney was arrested in Oct. 2013, on a criminal complaint charging him with inducing a minor to engage in sexually explicit conduct and attempting to have a minor produce child pornography. In March 2014, Carney was indicted and charged with (1) attempting to produce child pornography, (2) attempting to receive child pornography, and (3) attempting to entice a minor to engage in sexual activity.
On May 2, 2014, Carney entered a guilty plea to Count 3 of the indictment charging him with attempting to entice a minor to engage in sexual activity. In entering his guilty plea, Carney admitted contacting the victim through an Internet game in Aug. 2013, and learning that the victim was 13-years-old. During that “chat” and subsequent telephone, email and text communications, Carney engaged in sexually explicit conversations with the victim. Carney asked the victim to send him nude photographs of her and sent her a nude photograph of him. He also discussed plans to travel to New Mexico to have sex with the victim.
The FBI performed a search of the victim’s cellular telephone and Kindle device, and found Carney’s nude photo and some of the “chats” between Carney and the child victim. In mid-Sept. 2013, the Albuquerque Police Department (APD) joined the FBI’s investigation and an APD officer assumed the victim’s on-line identity and began communicating with Carney. During an Oct. 3, 2013 “chat,” Carney asked the officer who was posing as the child victim for a sexually explicit photo, and on the following day, Carney sent the officer a video of an adult engaged in sexually explicit conduct. Carney was arrested in Phoenix by the FBI on Oct. 24, 2013, and thereafter was transferred to New Mexico to face the charges in this case.
This case was investigated by the Las Cruces office of the FBI and APD, with assistance from the New Mexico Regional Computer Forensic Laboratory, and was prosecuted by Special Assistant U.S. Attorney Anna Wright of the U.S. Attorney’s Las Cruces Branch Office.
The case was filed 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/.
Shiprock Man Pleads Guilty to Federal Assault ChargesRead the Press Release
Defendant Prosecuted as Part of Federal Initiative to Address
the Epidemic Incidence of Violence Against Native WomenALBUQUERQUE – Algar Horsechief, 27, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to two federal assault charges. During today’s hearing, Horsechief admitted assaulting his intimate partner by strangulation. He also admitted assaulting another woman and causing her serious bodily injury.
Horsechief was arrested on Aug. 1, 2014, on a criminal complaint charging him with assaulting his intimate partner, a Navajo woman, by strangulation, and also with assaulting her with a dangerous weapon, a wooden stick, with intent to cause bodily harm. Horsechief also was charged with assaulting a second victim, another Navajo woman, and causing her serious bodily injury. According to the indictment, Horsechief committed the crimes on the Navajo Indian Reservation in San Juan County, N.M., on July 24, 2014.
On Aug. 26, 2014, Horsechief was indicted and charged with (1) assault of an intimate partner by strangulation; (2) assault with a dangerous weapon; and (3) assault resulting in serious bodily injury.
Today, Horsechief entered guilty pleas to Counts 1 and 3 of the indictment. In his plea agreement, Horsechief admitted assaulting his intimate partner by biting her left hand, dragging her on the ground by her hair, and strangling her and impeding her breathing. Horsechief also admitted assaulting a second victim by placing his hands around her neck and strangling her until she lost consciousness.
Horsechief has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Horsechief will be sentenced to a federal prison term within the range of 36 to 50 months, and a term of supervised release to be determined by the court.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety with assistance from the Farmington office of the FBI, and is being 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.
Portales Man Sentenced to Federal Prison for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Rodger Ernest Andrew Taylor, 67, was sentenced on Friday in federal court in Las Cruces, N.M., to 24 months in federal prison followed by five years of supervised release for failing to comply with the Sex Offender Registration and Notification Act (SORNA). Taylor, a resident of Portales, N.M., also was ordered to pay a $10,000.00 fine. He will be required to register as a sex offender after he completes his prison sentence.
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.Taylor was arrested in Nov. 2013, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. On Feb. 19, 2014, Taylor was indicted and charged with failing to update his sex offender registration in Roosevelt County, N.M., between Oct. 2011 and Aug. 2012. Taylor pled guilty to the indictment on June 19, 2014.
According to court filings, Taylor was convicted of a sex offense in Sept. 2000, in Washington state and was sentenced to 15 months of imprisonment. As part of his sentence, Taylor was required to register as a sex offender and update his registration with the sheriff of the county where he maintained his residence. Within three days if he established a new residence, Taylor was required to notify the sheriff of the county of his prior residence and the sheriff of the county of his new residence.
In entering his guilty plea, Taylor admitted that between Oct. 2011 and Aug. 2012, he lived in Roosevelt County, N.M., but failed to notify the sheriff of that county that he was residing in the county. Taylor also admitted failing to notify the authorities in Washington state that he had relocated to New Mexico.
This case was investigated by the Las Cruces office of the U.S. Marshals Service and was prosecuted by Assistant U.S Attorney Amanda L. Gould of the U.S. Attorney’s Las Cruces Branch Office.Federal Jury Finds Veteran from Texas Guilty on Misdemeanor Domestic Violence ChargeRead the Press Release
Defendant Assaulted his Wife on Grounds of Veterans Administration Complex
ALBUQUERQUE – A federal jury returned a verdict Friday evening finding a veteran guilty on a misdemeanor domestic violence charge after a three-day trial. Leslie Chapman, 45, a veteran from Abilene, Texas, was convicted on an aggravated battery against a household member charge, and acquitted of the misdemeanor offense of interfering with communications.
Chapman was arrested on a criminal complaint alleging that he assaulted his wife on the grounds of the Veterans Administration complex in Albuquerque, N.M., on Jan. 26, 2014. He subsequently was charged in a misdemeanor information with aggravated battery against a household member, interference with communications, and possession of a firearm in a Veterans Administration facility. The firearms charge was dismissed by the United States prior to trial.
Chapman’s trial began on Oct. 29, 2014, and concluded on the evening of Oct. 31, 2014, when the jury returned a verdict of guilty on the domestic violence charge and not guilty on the interference with communications charge. The evidence at trial established that on the evening of Jan. 26, 2014, officers of the Department of Veterans Affairs Police Department responded to a call reporting a physical disturbance involving a man and a woman at a lodging hall in the Veterans Administration complex in Albuquerque, N.M. On arrival, the officers found the victim, upset and crying.
The victim reported that Chapman assaulted her in their room by hitting her in the chest, head, neck, back and arms. The victim also reported that Chapman refused to let her leave the room and grabbed her telephone while she was talking to a relative. The officers observed physical injuries on the victim, including bruising, swelling and scratches on the victim’s fingers, hand and arm.
Chapman testified in his own defense and denied assaulting the victim. Chapman claimed that the victim assaulted him. Chapman also denied that he prevented the victim from making telephone calls to seek assistance.
Chapman remains on conditions of release pending his sentencing hearing, which has yet to be scheduled. At sentencing, Chapman faces a statutory maximum penalty of a year in prison and/or five years of probation.
This case was investigated by the Department of Veterans Affairs Police Department at the Veterans Affairs Medical Center in Albuquerque, and is being prosecuted by Assistant U.S. Attorneys Linda Mott and William J. Pflugrath.
U.S. Attorney Damon P. Martinez, District of New Mexico, Announces Court-Enforcement Settlement Agreement for Albuquerque Police DepartmentRead the Press Release
Remarks as Prepared for Delivery
ALBUQUERQUE – Good afternoon and thank you for being here. I am joined by my colleague Vanita Gupta, Acting Assistant Attorney General of the Justice Department’s Civil Rights Division, Mayor Richard M. Berry, and Albuquerque Police Chief Gorden E. Eden, Jr., to announce a new chapter for policing in Albuquerque. The Department of Justice, acting through the Civil Rights Division and the U.S. Attorney’s Office, and the City of Albuquerque have concluded their negotiations following the Department’s April 10, 2014 investigative findings regarding the Albuquerque Police Department. We are announcing today that we have reached a court-enforceable Settlement Agreement that will resolve this matter without the need for costly and protracted civil litigation.
This Agreement will implement sustainable reforms to ensure high quality, effective and constitutional police services for Albuquerque. It is also a roadmap for rebuilding the bond between the community and the police officers who risk their lives every day to protect the public.
Acting Assistant Attorney General Gupta will be going into further detail into some of the innovative and unique features of this comprehensive agreement, but before she does so, I want to address several critical points about this landmark Agreement. First, I want to thank the Albuquerque community for being fully engaged and involved throughout this process. Your contributions during the investigation and following the release of our findings in April have been invaluable. I also want to thank you for your patience during our negotiations. Like any other settlement negotiation, it was important to create the right conditions for candid and direct discussions. As you will see, the Agreement is comprehensive and covers all of the eight areas discussed in our findings letter, and it reflects many of the ideas and suggestions you shared so passionately with us.
As many of you know, the DOJ team engaged in an unprecedented level of outreach to a broad cross-section of stakeholders in Albuquerque, including families of individuals killed as a result of officer-involved-shootings; police officers and their families; advocates for civil rights, mental health, the homeless and immigrants; the faith-based community; and the business community. Over the course of DOJ’s involvement, we have held multiple community meetings across the City and interviewed almost 700 individuals. We also had more than 40 meetings attended, in total, by more than 500 police officers, in addition to several meetings with more than 50 members of the Albuquerque Police Officers Association. We received and responded to hundreds of calls to our community telephone line and more than 1000 emails sent to our community email box. We also met with numerous stakeholder groups to gain their perspective.
We brought what we learned about the path forward for APD to the negotiation table. As you read through this 106-page Agreement, you will find this Agreement is specifically tailored to the unique needs of the Albuquerque community and APD. It reflects Albuquerque’s ideas, Albuquerque’s values and Albuquerque’s aspirations for the Albuquerque Police Department.
For example, the Agreement provides greater controls in the use and deployment of specialized units. In some cases, units intended to serve investigative functions had evolved into their own tactical units with special weapons, but without the proper supervision or oversight. The Agreement requires ongoing monitoring, inspections, and supervision, so that tactical units restore their mission as units dedicated to saving lives in high-risk situations, and that other units do not become unofficial SWAT teams.
One of the investigative units identified as problematic was the Repeat Offender Program, known as “ROP.” The City has agreed to dismantle ROP within 90 days of the Agreement’s effective date. Disbanding ROP is a small piece of the greater effort to ensuring constitutional, effective policing.
I would now like to address the rank-and-file of the Albuquerque Police Department. I want to thank you for your professionalism throughout this process and for recognizing that this process will help bring the support that you need to carry out your duties effectively and in accordance with the laws that you were sworn to uphold. I thank you for the difficult work that you do to keep our people safe and for being in the front line of the reform effort.
The DOJ team spent many hours in early morning briefings and late night shifts listening to your concerns, and we are grateful for your willingness to express your views honestly and constructively. In those discussions, we learned that officers are not afraid of greater accountability for using force, but that they do have serious concerns with perceptions that the disciplinary system is inconsistent and arbitrary. Today’s Agreement requires that APD develop a fair and consistent disciplinary system and that supervisors are held accountable for the quality of their reviews. Ms. Gupta will discuss in further detail how the Agreement responds to other concerns raised by our officers.
I want to thank the people of Albuquerque for coming together to face these challenges. Another very important, related challenge for Albuquerque involves our behavioral healthcare system. We know that mental health providers and other community stakeholders have formed a city-county task force to explore solutions to the challenges facing many individuals who have serious mental illnesses or who are chronically homeless. That dialogue and action is critical and it will help support APD as it develops and strengthens its specialized responses to people in crisis.
We also commend the inspiring efforts made by the faith community to join together and discuss solutions and facilitate peaceful demonstrations regarding APD and for the work that you do every day to meet the needs of the most vulnerable residents of our City.
We thank the Albuquerque community as a whole because your work has made a difference and this Agreement reflects that work. We now stand here with you, with APD and its officers, and the City of Albuquerque to write the next chapter of APD – one that will be guided and given a sense of purpose by the commitments embodied in this Agreement.
The parties have signed a commitment letter outlining next steps. That letter confirms that DOJ and the City of Albuquerque will sign the Agreement no later than Nov. 10, 2014, after the Agreement is presented by the Mayor to the City Council next week for the Council’s consultation and endorsement. The parties will then file the Agreement with the United States District Court. Following court approval of the Agreement as a court order, the implementation of the Agreement will be supervised by an independent monitor who, in turn, will be supervised by the court. The monitor will compile and produce compliance reports that will be publicly available, and will engage with community stakeholders to keep the public informed about the Agreement’s implementation on an ongoing basis.
In closing, I want to reiterate that this Agreement will advance meaningful and measurable reforms that ensure effective policing and build community trust for our police officers. Throughout this process, the DOJ team and I repeatedly have said that the vast majority of APD officers are honorable law enforcement professionals who risk their physical safety and well-being for the public on a daily basis. We say this because it’s true. Our officers’ work is not easy and their duties often are performed under difficult and dangerous circumstances. We are optimistic about APD’s future because so many of its officers are committed to making our neighborhoods safer places to live, work and play, and doing so with integrity and in compliance with the Constitution and the law. This Agreement will help our officers carry out their duties while protecting their safety and their rights.
We are confident that our community will support APD through this reform process because they want APD to succeed. We believe that the people of Albuquerque are committed to being part of the dialogue necessary to ensure that these reforms promote constitutional policing while giving the men and women of the Albuquerque Police Department the support they need to fight crime effectively.
I will now turn the podium over to Vanita Gupta who will discuss some of the more significant features of the Agreement.Remarks by Assistant Attorney General Vanita Gupta Announcing the Agreement to Reform the Albuquerque Police DepartmentRead the Press Release
Remarks as Prepared for Delivery
ALBUQUERQUE, NEW MEXICO
Good afternoon and thank you all for joining us. Thank you, Damon, for your leadership and for your incredible work in Albuquerque and across New Mexico. Throughout this investigation and in other matters, our attorneys and staff have worked side-by-side with the U.S. Attorney’s Office to enforce our national civil rights laws, and we are grateful for your partnership and steadfast support. Thank you, Mayor [Richard] Berry, for joining us to announce this historic agreement today and for your leadership throughout this process.
I also want to thank Chief [Gorden] Eden, Council President [Ken] Sanchez, Albuquerque Police Officers Association President [Stephanie] Lopez, family members, community leaders, invited guests, and the men and women of the Albuquerque Police Department who are joining us here today. I thank you all for coming today.
We are here today to announce a landmark settlement agreement between the Justice Department and the city of Albuquerque that resolves our findings on the use of excessive force and avoids a costly and protracted legal battle on the need for reform. This agreement comes from a mutual commitment by the city and the Department of Justice to ensure that the Albuquerque Police Department works with the community and polices in a manner that respects the rights of residents and that promotes mutual confidence between law enforcement and the community. Constitutional policing is key to building trust between police departments and the communities they serve, and trust is of course key to ensuring public and officer safety.Through this agreement, the city agrees to implement comprehensive police reforms in the way that it recruits, selects, guides, trains, supervises, investigates, and disciplines officers to ensure that officers are held accountable for their use of force and are fully supported in carrying out their duties in an effective, constitutional, and professional manner.
In April, the Department of Justice found that the police department engages in a pattern or practice of excessive force in violation of the Fourth Amendment of the U.S. Constitution.
We specifically found three patterns of excessive force:
- Albuquerque officers too frequently use deadly force against people who pose a minimal threat and in situations where the conduct of the officers heightens the danger and contributes to the need to use force;
- Albuquerque officers use less lethal force, including electronic controlled weapons, on people who are passively resisting, non-threatening, observably unable to comply with orders or pose only a minimal threat to the officers; and
- Encounters between Albuquerque officers and persons with mental illness and in crisis too frequently result in a use of force or a higher level of force than necessary.
The department also found systemic deficiencies of the Albuquerque Police Department which contribute to these three patterns, including: deficient policies, failed accountability systems, inadequate training, inadequate supervision, ineffective systems of investigation and adjudication, the absence of a culture of community policing and a lack of sufficient civilian oversight.
During our investigation and following our findings letter, the Department of Justice engaged in extensive outreach to the many communities that make up Albuquerque. We met with persons who experienced the violation of their rights, concerned community, faith and business leaders, and, importantly, hundreds of rank and file officers. These meetings provided us with essential information on how the problems we identified were perceived by different communities, what the people of Albuquerque value and want in their police department and ideas on the most effective strategies for reform. These many conversations and interviews guided and informed the agreement we reached and we are grateful for every meeting and conversation.
Through these consultations and extensive, candid and productive negotiations, we were able to achieve an agreement that meets the goals of effective and constitutional policing; enhanced officer and public safety, greater trust between officers and the communities they serve, and ongoing community participation and community policing.
Since April, we have been engaged in productive conversations with the City to develop a comprehensive and sustainable blueprint for reform. We are very grateful for the hard work of the chief and his staff, other city officials and the city council for their hard work. These negotiations were serious, candid and problem-solving. They set a strong foundation for us to continue to work together for reform.
This is truly a landmark agreement for the people of Albuquerque.
This agreement:
- Strengthens internal review into use of force and requires continuous performance improvement;
- Requires training that emphasizes de-escalation before force is used;
- Provides officers with the training and tools they need to provide effective crisis intervention and that allows police to work with community providers and stakeholders to address the underlying needs of individuals who are in crisis or with serious mental illness who are in need of supports and services;
- Provides guidelines for the effective use of on-body recording systems;
- Re-focuses the mission of specialized units to ensure that tactical units are trained to save lives in high-risk situations and that investigative units do not stray from their intended purpose and training e trained to save lives in city has agreed to dismantle the Repeat Offender Project, a unit intended to serve investigative functions that had been allowed to become an unofficial tactical unit with special weapons;
- Removes arbitrary deadlines in the filing of civilian complaints against officers;
- Supports the city’s efforts to ensure robust, independent, and effective civilian oversight; and
- Builds on the commitments of surrounding law enforcement agencies that have agreed to investigate officer-involved shootings and other serious uses of force through a multi-agency task force that provides greater reliability and objectivity to sensitive investigations.
The community will be able to measure the success of the agreement as it implemented. For each of the critical provisions, the agreement requires both the collection of information on compliance as well as on outcomes. Much of the data will be available to the public so that the critical civilian oversight functions can be performed. Transparency is an essential component of the agreement and a critical element of reform.
This agreement comes at a time when there is much national attention on the use of deadly force by police officers and whether police departments are meaningfully accountable to the communities that they serve. Albuquerque is not alone in struggling with these difficult issues. At the Department of Justice, we are working with more than two dozen cities and towns across the nation, and we know from that experience that the provisions of this agreement will ensure that the city has an effective, accountable police department that controls crime, ensures respect for the Constitution, and earns the trust of the public it is charged with protecting. Today, effective, accountable police department that controls crime, ensures respect for the Constitution, and earns the trust of the public it is charged with protecting. Today’s agreement can and should be a model – a bright spot – for communities looking for a path forward to make their law enforcement more accountable and police practices more just.
We will continue to actively engage all stakeholders in the implementation of the agreement to ensure that Albuquerque’s policing services meets this goal. A key part of our task is to ensure that the hard work of the many men and women of the police department who serve honorably is not overshadowed by the unlawful behavior of others or by institutional deficiencies that make an already difficult job that much harder. The Department of Justice will remain actively engaged for as long as necessary to ensure sustainable reform and to help restore the community’s trust in its police department. We look forward to working with Albuquerque’s elected officials, the chief and his command staff, rank and file officers and the many, many people who have contributed to this investigation and settlement.
Thank You.Justice Department Reaches Agreement with the City of Albuquerque to Implement Sweeping Reforms on Use of Force by the Albuquerque Police DepartmentRead the Press Release
ALBUQUERQUE – The Justice Department today announced it has reached a comprehensive settlement agreement with the city of Albuquerque that will bring wide-ranging reforms to the Albuquerque Police Department (APD) and its use of force against civilians. The Justice Department and the city have agreed to enter into a court-enforceable settlement agreement that will overhaul the way in which APD handles use of force by its officers following a year-long investigation into the department’s practices and letter of findings released by the Justice Department in April, 2014. Once the Albuquerque City Council considers the settlement agreement in a special session scheduled for the week of November 3, the Justice Department and the city will file the settlement agreement with the United States District Court for approval and entry as an order.
“The overwhelming majority of our nation’s law enforcement officials perform their duties with exceptional courage, integrity, and professionalism – risking their lives every day to keep their communities safe. But whenever a pattern of troubling conduct is uncovered, or that high standard is not met, the Department of Justice must and will take action,” said Attorney General Eric H. Holder Jr. “The far-reaching agreement we have secured in this case will transform the culture and practices of the Albuquerque Police Department. And I am confident that, with the cooperation of city leaders and brave law enforcement officials, we will take significant steps to restore trust with local citizens and build for Albuquerque’s residents the stronger, safer, and more secure communities that all Americans deserve.”
In addition to use of force practices, the Justice Department’s investigation found that officers routinely use deadly force and less lethal force in an unreasonable manner and that systemic deficiencies in policies, training, supervision, and oversight contributed to the pattern or practice. Following the release of the investigative findings, the Justice Department engaged in extensive community outreach to solicit feedback and recommendations on reform from a wide variety of stakeholders, including police officers, community leaders, mental health advocates, family members, and other Albuquerque residents. The feedback played a critical role in tailoring the settlement agreement to the unique needs of the Albuquerque community and APD.
“Today’s landmark settlement agreement will begin the process of restoring trust and cooperation between the Albuquerque community and law enforcement. Constitutional policing is key to building trust between police departments and the communities they serve, and trust is of course key to ensuring public and officer safety,” said Vanita Gupta, Acting Assistant Attorney General for the Civil Rights Division. “The settlement agreement provides a blue print for sustainable reform that will foster continued collaboration and participation from the community. We thank Mayor Berry, Chief Eden, and all of the individuals who came forward to share their experiences concerning APD to make this historic settlement agreement possible.”
“We are extremely proud of our community and police department for coming together in a time of serious challenges to the City to offer their advice and recommendations on a path forward,” said Damon P. Martinez, United States Attorney for the District of New Mexico. “Reform will not take place overnight and it will take time to heal our community, but we are well on our way. Through the settlement agreement reached today, the City agrees to implement fundamental reforms in a transparent manner that will ensure that force is used in accordance with constitutional rights and that promotes greater trust among the hard working men and women of the Albuquerque Police Department and the residents they are sworn to protect.”Under the settlement agreement, the city and APD will implement comprehensive reforms in nine substantive areas. An independent monitoring team will be selected jointly and will oversee the reforms, which are expected to be implemented within four years. The areas covered by the settlement agreement are:
- Use of force: including requiring supervisors to report to the scene of uses of force; providing medical care to subjects of force immediately after an incident; improving the quality of force investigations; developing a force review board to detect and correct patterns and trends, and utilizing surrounding law enforcement agencies as part of a multi-agency task force to investigate officer-involves shootings to provide greater objectivity and accountability;
- Specialized units: including measures that require clearly defined missions and duties for specialized tactical and investigative units; ensuring that officers are sufficiently trained to save lives in high-risk situations; and dismantling APD’s repeat offender project to restore its core mission as an investigative, rather than tactical, unit;
- Crisis intervention: including establishing a mental health response advisory committee; providing behavioral health training to all officers, police dispatchers, and 9-1-1 operators; and maintaining groups of specially-trained first responders, detectives, and mental health professionals that provide crisis intervention and ongoing support to individuals with serious mental illness or who are chronically homeless;
- Policies and training: including developing clear and comprehensive policies on use of force, preventing retaliation, supporting officers who report misconduct, and improving the field training program to ensure that officers develop the necessary technical and practical skills required to use force in a lawful and effective manner;
- Internal and civilian complaint investigations: including measures to eliminate arbitrary deadlines for the submission of civilian complaints; standards for conducting objective, thorough, and timely investigations; steps to ensure that the disciplinary system is fair and consistent; and protocols to protect officers’ rights against self-incrimination;
- Staffing and supervision: including completing a staffing and resource study to determine the appropriate allocation of resources; holding supervisors accountable for close and effective supervision; and providing guidance on the effective use of on-body recording systems to promote accountability and strengthen public trust;
- Recruitment and promotions: including developing a strategic recruitment plan that includes clear goals, objectives, and action steps for attracting qualified applicants from a broad cross section of the community and ensuring that fair and consistent promotion practices are implemented;
- Officer assistance and support: including measures to ensure that APD personnel have ready access to mental health services and that supervisors are trained in making referrals in a manner that minimizes stigma; and
- Community engagement and oversight: including measures to strengthen the City’s civilian oversight process; public information programs that keep members of the public informed of APD’s progress toward reform; requirements on fostering community policing at all levels of APD; and establishing community policing councils throughout the City to ensure that meaningful feedback is obtained from the community.
The independent monitoring team will oversee the implementation of reforms, provide technical assistance, and report on the city’s compliance through periodic and public reports. The monitoring team will have access to all documents, personnel, facilities and information related to the settlement agreement and will engage with officers and community members on an ongoing basis. The monitoring team will also be responsible for conducting outcome assessments to determine whether the goals of the settlement agreement are being met through compliance indicators and objective measures. The settlement agreement requires two years of sustained compliance with the agreement before the agreement may be terminated.
For more information on the Justice Department’s Civil Rights Division, please visit www.justice.gov/crt. For more information about the United States Attorney’s Office for the District of New Mexico, please visit http://www.justice.gov/usao/nm.Jemez Pueblo Man Sentenced to Eight Years for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Irving Shendo, 59, a member of the Jemez Pueblo, was sentenced yesterday afternoon to eight years in federal prison followed by five years of supervised release for his aggravated child sexual abuse conviction. Shendo will be required to register as a sex offender after he completes his prison sentence.
Shendo was arrested in July 2013, based on a criminal complaint alleging that he engaged in a sexual act with a Jemez Pueblo child under the age of 12 years. According to court filings, Shendo sexually abused the child victim in August 2008 in a residence located on Jemez Pueblo, N.M., but his criminal conduct was first reported to law enforcement authorities in April 2013.
On June 20, 2014, Shendo admitted that on Aug. 1, 2008, he engaged in a sexual act with the child victim. He further acknowledged committing the crime in Jemez Pueblo.
This case was investigated by the Albuquerque office of the FBI, the Jemez Pueblo Tribal Police Department and the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.
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/.
***media Advisory***Read the Press Release
ALBUQUERQUE –Justice Department and City of Albuquerque officials will make an announcement regarding the Albuquerque Police Department at a press conference to be held at 1:30 p.m. MDT, on Friday, Oct. 31, 2014, at the Albuquerque office of the U.S. Attorney for the District of New Mexico.
WHO:
Acting Assistant Attorney General Vanita Gupta, Civil Rights Division
U.S. Attorney Damon P. Martinez for the District of New Mexico
Richard M. Berry, Mayor of the City of Albuquerque
Chief Gorden E. Eden, Jr., Albuquerque Police DepartmentWHAT:
Press conference regarding Albuquerque Police DepartmentWHEN:
FRIDAY, OCT. 31, 2014, 1:30 p.m. MDTWHERE:
U.S. Attorney’s Office
10th Floor Multi-Media Room (Reception on 9th Floor)
201 Third Street NW
Albuquerque, NM 87102
OPEN PRESSNOTE: All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials. Please plan on 20 to 25 foot throws for cameras. Media may begin to arrive at 1:00 p.m. MDT. Press inquiries regarding logistics should be directed to Ron Lopez at 505-224-1466.
***aviso a Los Medios De Comunicacion***Read the Press Release
ALBUQUERQUE – El Departamento de Justicia y oficiales de la Ciudad de Albuquerque daràn un anuncio referente al Departamento de Policía de Albuquerque durante una conferencia de prensa que se llevarà a cabo el viernes 31 de octubre, 2014 a la 1:30 p.m. MDT (tiempo de montaña), en la oficina de Procurador Federal por Nuevo México.
QUIÉN:
Vanita Gupta, Procuradora General Asistente Interina, División de Derechos Civiles
Damon P. Martínez, Procurador Federal por el Distrito de Nuevo México
Richard M. Berry, Alcalde de la Ciudad de Albuquerque
Gorden E. Eden, Jefe del Departamento de Policía de la Ciudad de AlbuquerqueQUÉ:
Conferencia de prensa para hacer el anuncio referente APDCUÁNDO:
VIERNES 31 DE OCTUBRE, 2014, 1:30 P.M. MDTDÓNDE:
Oficina del Procurador Federal
10˚ Piso Cuarto Multi-Media (Recepción en el 9˚ piso)
201 Tercera Calle, NW
Albuquerque, NM 87102
ABIERTO A LA PRENSANOTA: Todos los representantes de los medios de comunicación deberàn de presentar una identificación otorgada por el gobierno (tal como una licencia de manejar) así como credencial de miembro de la prensa, vigente. Representantes de los medios de comunicación pueden empezar a llegar a la 1:00 p.m. MDT. Preguntas de la prensa referentes a logística deberàn ser dirigidas a Ron López al 505-224-1466.
Second Kirtland Woman Pleads Guilty to Second Degree Murder ChargeRead the Press Release
ALBUQUERQUE – Mariah Benally, 22, of Kirtland, N.M., pleaded guilty this morning to a second degree murder charge. One of her co-defendants, LaSheena Jacquez, 27, also of Kirtland, N.M., entered a similar guilty plea earlier this month.
Mariah Benally and Jacquez are two of five individuals, all of whom are enrolled members of the Navajo Nation, who were indicted in Jan. 2014, on criminal charges arising from the kidnapping and brutal murder of a 28-year-old Navajo woman on Oct. 23, 2013. The five defendants previously had been arrested in Dec. 2013, on a criminal complaint that was filed after law enforcement authorities received information that the victim, who had been reported as missing in Nov. 2013, had been murdered. The victim’s remains were recovered on Dec. 9, 2013.
In addition to charging Mariah Benally and Jacquez, the four-count indictment also charged Patrick Benally, 26, of Kirtland, and Justin Benally, 26, and Scott Thompson, 28, both of Farmington, N.M., with first degree murder, kidnapping, and conspiracy to kidnap. It also charged Mariah Benally, Jacquez, Justin Benally and Thompson with harboring Patrick Benally to prevent his arrest on a warrant for an unrelated crime. The indictment alleges that the crimes charged occurred on the Navajo Indian Reservation within San Juan County, N.M.
This morning, Mariah Benally pled guilty to a felony information charging her with second degree murder. In entering her guilty plea, Mariah Benally admitted causing the victim’s death by throwing rocks at her, and aiding and abetting others who also caused the victim’s death. Benally admitted throwing rocks at the victim after the victim had been repeatedly stabbed by three of her co-defendants and thrown off a cliff by one of the co-defendants. Mariah Benally also admitted aiding her co-defendants in restraining the victim and transporting her to the murder site, and destroying evidence of their crimes.
On Oct. 16, 2014, Jacquez pled guilty to a second degree murder charge, and admitted causing the victim’s death on Oct. 23, 2013, by repeatedly stabbing the victim with a knife, throwing rocks at the victim, and aiding and abetting others who also caused the victim’s death. Jacquez also admitted that she destroyed evidence and aided and abetted others in the destruction of evidence in an effort to evade prosecution.
Mariah Benally and Jacquez have been in federal custody since they were arrested and remain detained pending their sentencing hearings, which have yet to be scheduled. Each faces a maximum statutory penalty of life imprisonment.
The women’s three co-defendants have entered not guilty pleas to the indictment and are detained pending trial, which has not yet been scheduled. If convicted of the charges in the indictment, each faces a maximum statutory penalty of life imprisonment. Charges in indictments are merely accusations and defendants are presumed innocent unless convicted in a court of law.
This case was investigated by the Farmington office of the FBI, the Farmington Police Department and the San Juan County Sheriff’s Office. Assistant U.S. Attorneys Niki Tapia-Brito and David Adams are prosecuting the case.U.S. Attorney Damon P. Martinez Appoints District Election OfficerRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that Assistant U.S. Attorney (AUSA) Jonathon M. Gerson will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the general elections on Nov. 4, 2014. AUSA Gerson has been appointed to serve as the District Election Officer for the District of New Mexico and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
U.S. Attorney Martinez said, “Every citizen must be able to vote without interference or discrimination, and to have that vote counted without it being stolen because of fraud. The Justice Department will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.
The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Martinez stated that AUSA/DEO Gerson will be on duty in this District while the polls are open. He can be reached by the public at (505) 362-3147.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached by the public at (505) 889-1300.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
U.S. Attorney Martinez said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
Shiprock Man Sentenced to Ten Years for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Gerald A. Tso, 25, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this afternoon to ten years in federal prison followed by five years of supervised release for his aggravated sexual assault conviction. Tso will be required to register as a sex offender after he completes his prison sentence.
Tso was arrested on Feb. 26, 2014, on a criminal complaint charging him with aggravated sexual abuse of a child, and subsequently was indicted on that same charge on March 26, 2014. According to court filings, Tso sexually assaulted a seven-year-old Navajo child on Feb. 26, 2014, in Shiprock, which is located within the Navajo Indian Reservation.
On July 24, 2014, Tso pleaded guilty to a felony information charging him with aggravated sexual abuse. In entering his guilty plea, Tso admitted engaging in a sexual act with a child. Tso further admitted that the child was under the age of 12 years at the time he victimized the child.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney 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/.
Armed Career Criminal Pleads Guilty to Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Paul Anthony Turrieta, 36, of Albuquerque, N.M., pleaded guilty this morning to being a felon in possession of a firearm and ammunition. Turrieta will be sentenced to 15 years in federal prison due to his status as an armed career criminal.
U.S. Attorney Damon P. Martinez said that Turrieta was being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
“Keeping guns out of the hands of trigger pullers is our top priority,” said ATF Special Agent in Charge Thomas G. Atteberry. “I want to commend the enforcement efforts of the Albuquerque Police Department and the United States Attorney’s Office for their diligence.”
Turrieta was arrested in Feb. 2014, on an indictment charging him with unlawfully possessing a firearm and ammunition on Oct. 24, 2013, in Bernalillo County, N.M. According to court filings, Turrieta was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including three residential burglaries.
During today’s proceedings, Turrieta admitted possessing a revolver and ammunition which were discovered in the vehicle he was driving when an officer pulled him over on a traffic stop on Oct. 24, 2013. Turrieta acknowledged that he was prohibited from possessing the firearm and ammunition because he was a convicted felon.
Turrieta has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Presiliano A. Torrez is prosecuting the case.
Rio Arriba County Man Pleads Guilty to Federal Conspiracy and Mail Fraud ChargesRead the Press Release
ALBUQUERQUE – Gerald Archuleta, 43, of Ojo Caliente, N.M., pleaded guilty this morning to conspiracy and mail fraud charges arising out of a scheme to defraud the federal and state unemployment insurance system. His co-defendant, Jasonn Gonzales, 41, an accountant from Velarde, N.M., previously entered a guilty plea to the same charges, as well as an identity theft charge, in Aug. 2014.
Archuleta and Gonzales were charged in a six-count indictment that was filed on March 26, 2014. Count 1 charged the two men with conspiracy to commit mail fraud in furtherance of a scheme to defraud the federal and state Unemployment Insurance System in New Mexico, Texas and Colorado of money by false and fraudulent pretenses. Counts 2 through 5 of the indictment charged the men with mail fraud, and Count 6 charges Gonzales alone with aggravated identity theft.
According to court filings, the federal and state Unemployment Insurance System seeks to lessen the effects of unemployment through payments made to claimants (laid-off workers) on a weekly basis while the claimants seek employment. The unemployment insurance program is administered on behalf of the federal government by state workforce agencies in each state. In entering their guilty pleas, Gonzales and Archuleta admitted that between 2009 and 2012, they schemed to defraud the New Mexico Department of Workforce Solutions, the Texas Workforce Commission and the Colorado Department of Labor and Employment of more than $1,356,000 by making false and fraudulent claims for unemployment benefits in the names of real people.
Gonzales and Archuleta perpetuated their unlawful scheme by fraudulently registering numerous non-existent companies with the three state workforce agencies and filing false quarterly reports for the fictitious companies which identified claimed employees. The two men provided the names, dates of birth and social security numbers of the claimed employees to the state agencies without the knowledge or authorization of the claimed employees, who were real people. Gonzales and Archuleta then made false and fraudulent claims for unemployment benefit claims on behalf of the claimed employees of the fictitious companies. The two men opened post office boxes in New Mexico, Texas and Colorado, which they provided to the three state workforce agencies as mailing addresses for the claimed employees. The state agencies mailed debit cards to the claimed employees at the post office boxes and the defendants used the debit cards to withdraw the fraudulently obtained benefits. During the life of the conspiracy, Gonzales and Archuleta submitted fraudulent claims for unemployment benefits in the aggregate amount of $1,356,461, and defrauded the three state workforce agencies of approximately $801,848, in total.
During today’s hearing, Archuleta entered a guilty plea to Count 1 through 5 of the indictment. Under the terms of his plea agreement, Archuleta will be sentenced to a prison term within the range of 87 to 108 months to be followed by a term of supervised release to be determined by the court. The plea agreement also requires Archuleta, jointly with Gonzales, to pay $734,123.73 in restitution. Archuleta’s sentencing hearing has yet to be scheduled.
Gonzales entered a guilty plea on Aug. 18, 2014, to all six counts of the indictment without the benefit of a plea agreement. In entering his guilty plea, Gonzales also admitted to the forfeiture provisions of the indictment and to the entry of an $801,848 money judgment against him. At sentencing, Gonzales faces a statutory maximum penalty of 20 years in federal prison on the conspiracy charge and each of the five mail fraud charges. He also will be sentenced to a two-year mandatory prison sentence to be served consecutive to any sentence imposed on the conspiracy and mail fraud charges. Gonzales’ sentencing date has yet to be scheduled.
This case was investigated by the Department of Labor Office of Inspector General, Office of Labor Racketeering and Frauds Investigations, and the U.S. Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney Tara C. Neda.
Navajo Man from Arizona Sentenced to Eight Years for Aggravated Sexual Assault ConvictionRead the Press Release
ALBUQUERQUE – Vernon J. Atcitty, 29, an enrolled member of the Navajo Nation who resides in Sweetwater, Ariz., was sentenced today for his aggravated sexual assault conviction. Atcitty will serve an eight-year prison term followed by five years of supervised release. He also will be required to register as a sex offender after he completes his prison sentence.
Atcitty was arrested on Feb. 26, 2014, on a criminal complaint charging him with aggravated sexual abuse, and subsequently was indicted on that same charge on March 11, 2014. According to court filings, Atcitty sexually assaulted a Navajo woman on Feb. 22, 2014, in Shiprock, N.M., which is located within the Navajo Indian Reservation.
On May 23, 2014, Atcitty entered a guilty plea to the indictment. Atcitty admitted taking the victim to an abandoned house and refusing to let her leave until after he raped her. Atcitty admitted forcing the victim to succumb to his demands by punching and grabbing her, and by telling her that he would not let her leave the abandoned house.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety with assistance from the Farmington office of the FBI, 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.
San Felipe Pueblo Man Pleads Guilty to Federal Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Vincent Ortiz, 44, a member and resident of San Felipe Pueblo, pleaded guilty this morning to a federal sexual abuse charge. Under the terms of his plea agreement, Ortiz will be sentenced to 50 months in federal prison followed by a term of supervised release to be determined by the court. Ortiz will be required to register as a sex offender after he completes his prison sentence.
Ortiz was arrested in July 2014, on an indictment charging him with sexual abuse and assault with a dangerous weapon. According to court filings, on July 5, 2014, Ortiz sexually assaulted a Kewa Pueblo woman of Santo Domingo Pueblo, and assaulted a San Felipe Pueblo man in a residence located in the San Felipe Pueblo in Sandoval County, N.M.
Today Ortiz entered a guilty plea to Count 1 of the indictment, charging him with sexual abuse, and admitted sexually abusing the victim on July 5, 2014, by engaging in a sexual act with the victim who was incapable or unable to decline participation in the act. The sexual act consisted of Ortiz touching the victim’s genitals with his hand.
Ortiz 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 Southern Pueblos Agency of the BIA’s Office of Justice Services and is being 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.
Pine Hill Man Sentenced to Federal Prison for Child Abuse ConvictionRead the Press Release
ALBUQUERQUE – Harold Martinez, 32, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., was sentenced today for his child abuse conviction. Martinez will serve a prison sentence of 16 months followed by a year of supervised release.
Martinez was arrested on Nov. 26, 2013, on a criminal complaint alleging assault charges. According to the criminal complaint, on June 11, 2013, Martinez initiated a physical confrontation with another Navajo man. After the victim got into his vehicle in an effort to get away from Martinez, Martinez rammed his own vehicle into the victim’s vehicle several times. Two young boys were in Martinez’s vehicle when he rammed it into the victim’s vehicle.
On March 11, 2014, Martinez entered a guilty plea to a child abuse charge and admitted that on June 11, 2013, he deliberately drove his vehicle into another vehicle without justification. Martinez also admitted that two unrestrained children were in the vehicle he was driving and that by ramming into another vehicle he placed the children in a situation that endangered their lives or health. The children however were not injured.
This case was investigated by the Ramah Navajo Police Department and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Albuquerque Man Sentenced to Eight Years in Federal Prison for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – James Casaus, 32, of Albuquerque, N.M., was sentenced today to 96 months in federal prison for violating the federal firearms laws. Casaus will be on supervised release for three years after completing his term of incarceration.
Casaus was arrested in Nov. 2012, on an indictment charging him with being a felon in possession of a firearm. The indictment alleged that Casaus unlawfully possessed a firearm and ammunition on July 7, 2012, in Bernalillo County, N.M. At the time, Casaus was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses in the 2nd and 4th Fourth Judicial District Courts for the State of New Mexico. Casaus’ prior convictions included convictions for the unlawful taking of a motor vehicle, distribution of a controlled substance, conspiracy to commit kidnapping, possession of a firearm by a felon, possession of a controlled substance with intent to distribute, and conspiracy to possess a controlled substance.
On Aug. 21, 2013, Casaus entered a guilty plea to the indictment and admitted possessing a pistol and ammunition on July 7, 2012, despite his status as a convicted felon. The guilty plea was entered without the benefit of a plea agreement.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Louis E. Valencia.
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.
Navajo, N.M., Man Sentenced to Ten Years in Federal Prison for Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Mervin Ervin Charley, 34, an enrolled member of the Navajo Nation who resides in Navajo, N.M., was sentenced this afternoon to ten years in federal prison for his voluntary manslaughter conviction. Charley will be on supervised release for two years after completing his prison sentence.
Charley was arrested on Jan. 21, 2014, on an indictment charging him with second degree murder and child abuse resulting in death. According to the indictment, Charley killed a two-year-old child on May 30, 2013, by placing the victim in a situation that endangered the victim and resulted in the victim’s death.
On July 18, 2014, Charley entered a guilty plea to a felony information charging him with voluntary manslaughter, and admitted killing the victim in the heat of passion on May 30, 2013.
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 Kyle T. Nayback.
Former Credit Union Employee Pleads Guilty to Federal Bank Fraud ChargeRead the Press Release
ALBUQUERQUE – Louisa Gabaldon, 43, of Belen, N.M., pleaded guilty this morning to a federal bank fraud charge under a plea agreement with the U.S. Attorney’s Office.
Gabaldon was indicted on Aug. 7, 2013, and charged with 12 counts of bank fraud. The indictment alleged that from Jan. 2004 through July 2010, Gabaldon engaged in an illegal scheme to defraud her employer, the Belen Railroad Employees Credit Union (Credit Union) by making fraudulent withdrawal of funds from accounts belonging to the Credit Union’s customers.
Today, Gabaldon pled guilty to Count 5 of the indictment charging her with fraudulently withdrawing $31,000 from a customer’s account on July 31, 2006. The plea agreement, however, requires Gabaldon to pay $118,376.56 in restitution to cover losses associated with all 12 counts in the indictment as well as related losses suffered by the Credit Union.
In entering her guilty plea, Gabaldon admitted that, while employed by the Credit Union, she had loan approval which permitted her – when authorized by customers – to make withdrawals from customers’ accounts, transfer funds among their accounts, increase the amount of their loan accounts and open new loans in their names. Gabaldon admitted that, without the knowledge or permission of Credit Union customers, she added amounts to customers’ existing loan accounts and opened new loans in their names and used the funds to pay for her own debts and to make a partial payment for the purchase of a home. In order to conceal her fraudulent activity, Gabaldon moved funds among customers’ accounts to make it appear as if loans had been repaid or funds were replaced.
At sentencing, Gabaldon faces a maximum penalty of 30 years in prison. She remains on conditions of release pending her sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Northern Arapaho Tribe Woman Pleads Guilty in New Mexico to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Tarasina Wallowingbull, 27, pleaded guilty this morning to abusing a child in New Mexico’s Indian County. Wallowingbull is a member of the Northern Arapaho Tribe of Fort Washakie, Wyoming, who currently resides in Albuquerque, N.M.
Wallowingbull was arrested on July 29, 2014, on a criminal complaint charging her with assault resulting in serious bodily injury. According to the criminal complaint, on June 11, 2014, Wallowingbull crashed her vehicle in San Felipe Pueblo in Sandoval County, N.M., while driving under the influence of alcohol. A young child, who was ejected from Wallowingbull’s vehicle at the time of the single-vehicle crash, sustained serious injuries.
Today Wallowingbull pled guilty to a felony information charging her with abuse of a child in Indian County. In entering her guilty plea, Wallowingbull admitted causing a child under the age of 18 years to be placed in a situation that endangered the child’s life or health.
At sentencing, Wallowingbull faces a statutory maximum sentence of three years in prison. Her sentencing hearing has yet to be scheduled.
This case was investigated by the Southern Pueblos and Laguna Agencies of the BIA’s Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.Albuquerque Man Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Faviano Lopez, 28, of Albuquerque, N.M., pled guilty this morning to receipt of a visual depiction of a minor engaged in sexually explicit conduct under a plea agreement with the U.S. Attorney’s Office.
Lopez was arrested on federal child pornography charges on July 11, 2014, based on a criminal complaint after he was transferred from state custody into federal custody. According to the criminal complaint, the investigation into Lopez was initiated by the Homeland Security Investigations (HSI) and the New Mexico State Police in Nov. 2013, after the New Mexico State Police obtained information indicating that an IP Address subscribed to the residence in which Lopez was living was being used to share video and image files consistent with child pornography. In Feb. 2014, HSI and the Albuquerque Police Department executed a search warrant at Lopez’s residence where they seized computer and computer-related media containing video and image files consistent with child pornography from Lopez’s bedroom.
During today’s proceedings, Lopez entered a guilty plea to a felony information charging him with receipt of child pornography. In his plea agreement, Lopez admitted receiving child pornography from May 2013 to Feb. 2014, by downloading images and videos of child pornography using a peer to peer file sharing system.
Lopez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Lopez faces imprisonment for a period not less than five years and not more than 20 years followed by a period of supervised release to be determined by the court. Lopez will have to register as a sex offender after completing his prison sentence.
This case was investigated by the Albuquerque office of HSI, the New Mexico State Police and the Albuquerque Police Department, all of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
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/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (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.
Remarks by U.S. Attorney Damon P. Martinez on the Occasion of his Investiture as the 45th U.S. Attorney for the District of New MexicoRead the Press Release
Chief Judge [M. Christina] Armijo, Judges of our United States District Court. May it please the Court. Good afternoon.
Chief Judge Armijo, on behalf of the Department of Justice, the U.S. Attorney’s Office for the District of New Mexico and myself, thank you for permitting us to hold this ceremony in the U.S. Courthouse. Thank you also, Chief Judge Armijo, for presiding over this investiture ceremony.
Your Honors, being familiar with the Court’s crushing work load, I am very grateful to each of you for taking the time to be here.
Judge [James A.] Parker, thank you administering the Oath of Office to me. I asked Judge Parker to do me this honor because he was one of the first judges I appeared before as a young Assistant U.S. Attorney. Since then, I have viewed him as a person who is gracious, courteous and respectful to all who appear before him regardless of status or stature.
General Andrew Salas, thank you for being here and for the privilege of having the New Mexico National Guard’s Honor Guard present the colors. They are the citizen soldiers of New Mexico, and they represent the best of our proud military tradition.
Ross and Kristin Daugherty, thank you for performing here this afternoon. Ross and I, together with more than 400 other New Mexicans, were deployed with the New Mexico National Guard to Sinai, Egypt, in 2012. On Friday afternoons during that deployment, we had religious services and during those services I learned that Ross was the only one amongst us who could carry a tune. He had a voice I could only describe as “angelic,” and I began to look forward to Friday afternoons because hearing Ross sing made New Mexico seem a little closer to me. Today is the first time I have heard Ross sing since we left the Sinai. Thank you, Ross and Kristin.
Senator [Tom] Udall, you and Senator [Martin] Heinrich recommended me to the President of the United States, the leader of the free world, for this position. In essence, you vouched for me and I am eternally grateful for your confidence in me. I know that I have a great responsibility to uphold and I will do my best to live up to the trust you have placed in me.
Senator Udall, it is a great honor to have you here today. Thank you for your kind remarks today, and for also setting an example which I have never forgotten. When you were the Attorney General for New Mexico and I worked for you as an Assistant Attorney General, I wrote an advisory letter to a city here in the State that ended up on the front page of the local paper. Several days later, an editorial criticized you for my advisory letter. When I saw you the following week, I apologized to you for the criticism you had received. In response, you asked me if I had applied the appropriate case law and conducted the proper analysis. I said I did. You then asked me if I had run it by my supervisor and did he approve it. And I said I did. You then said, “You have nothing to worry about.” That incident made an impression on me that has guided my career and this is the tone I intend to set at the U.S. Attorney’s Office.
I am now into my fifth month as U.S. Attorney. This ceremony was postponed until now because, at the beginning of my tenure, we had to focus our energies on important matters in our community rather than this ceremony. It has become apparent to me, however, that the community needs to know – to the extent that I can talk about them – the priorities of the U.S. Attorney’s Office. The community also needs to know that, particularly in times of budget constraints, it is important that the U.S. Attorney’s Office maintain and strengthen partnerships with other members of the DOJ community in order to better serve our community.
Civil rights are a priority for the Department of Justice and the U.S. Attorney’s Office here in New Mexico. [Acting Assistant Attorney General for the Justice Department’s Civil Rights Division] Molly Moran’s presence here today is a testament to the Justice Department’s commitment to civil rights and the Department’s commitment to working with this community. Thank you, Molly, for not only being here today, but also for the great partnership our offices have enjoyed as they work together.
As most of you are aware, the Department of Justice is in the process of negotiating a court-enforceable agreement with the City of Albuquerque to reform the Albuquerque Police Department. From the day DOJ released the findings of its investigation into APD, I have continuously stated that the vast majority of our officers are honorable public servants who risk their safety and well-being for the public good every day. I have said this because it is true. Nevertheless, there exist real systemic problems within APD that urgently need to be addressed. I am confident that we soon will reach an agreement that will provide the blueprint for reforming APD and that will result in constitutional policing while giving our officers the support they need to fight crime effectively.
In addressing this matter, we know what the answer to the question is. The difficult part will be in finding the courage to reach that answer. The answer is “trust.” Our police officers have to trust that the community supports them. And our community has to trust that our police officers are properly trained and are acting in the interests of keeping us safe.
Here with us today are representatives from many sectors of our community who have important stakes in the reform process: Mayor Richard Berry, Council President Ken Sanchez, Chief Gorden Eden and Assistant Chief Robert Huntsman, Stephanie Lopez and Shaun Willoughby who are the President and Vice President of the Albuquerque Police Officers Association, Jewel Hall of the Martin Luther King, Jr., Memorial Center, Peter Simonson of the ACLU of New Mexico and APD Forward, community advocates Maria Bautista, Nyira Gitana and John Cordova, Bro. Gerard and Bro. Charles, who work with the homeless, and all of you.
We also are joined by Steve and Renetta Torres, who lost their son Christopher Torres to an APD officer involved shooting in April 2011.Since we are altogether here today, let me tell you about a major step that has already been taken in establishing that trust. On May 9, 2014, about a month after DOJ released its findings on APD, I sat in on a meeting that included Mayor Berry and Steve Torres. During that meeting, Steve Torres offered his assistance to the Mayor and said he stood ready to help in reforming the APD. When I asked Steve Torres if I could share that story today, Steve said yes, he said, “My son would have wanted me to do this.”
In moving forward, I ask that we keep Steve Torres’ incredibly moving gesture as the beacon by which we navigate. If Steve Torres can do it, then we should all be willing to take that first step towards rebuilding the foundation of trust between our police officers and our community that is essential for effective, productive law enforcement.
As many of you know, this APD matter is civil in nature and so we have had no law enforcement agency assigned to assist us. When we have required assistance, the U.S. Marshals Service has readily stepped up. Thank you, Marshal [Conrad] Candelaria for the invaluable support you and your Deputies continue to provide.
Because of where our State is located, we have a had comprehensive border strategy which has traditionally focused on the investigation and prosecution of immigration and drug crimes.
When it comes to immigration-related crime, the heart of our prosecution strategy focuses on those who are illegally in this country after having been deported and who have committed violent crimes or other serious felonies, like a murder or rape. We do this with our Homeland Security partners, the U.S. Border Patrol and U.S. Customs and Border Protection.
When it comes to our drug prosecution strategy, we regularly partner with DEA, represented here by Special Agent in Charge Will Glaspy, HSI, represented by Assistant Special Agent in Charge Kevin Abar, and IRS, represented by Supervisory Special Agent Chris Wajda, as well as our many other federal, state and local partners as we target major drug trafficking organizations.
Our border strategy, however, cannot be limited to taking on immigration and drug crimes. When we act to secure our border, we also help secure our nation’s security. Over the last four months, we have complemented our border strategy by adding a third component and establishing a national security/anti-terrorism section to the office. We must never forget that on June 3, 1945, right here in Albuquerque and just a few blocks away, the plans the first atomic bomb were turned over to Russian agents in exchange for $500. This understanding of history will inform the new section as it focuses on issues important to our national labs, the businesses that support the labs, and our military installations, and looks for effective ways of better protecting our national security as well as our country’s sensitive technology and information.
I want to thank Special Agent in Charge Carol Lee of the FBI, Director Gil Guaderrama of Transportation Security Administration, and Resident Agent in Charge Richard Ferretti of the Secret Service for their important efforts on the national security front.
Unfortunately our drugs problems are not limited to the border. New Mexico has long grappled with an epidemic of heroin and prescription drug abuse. On a per capita basis, we lead the nation in both heroin and prescription drug overdose deaths. Fortunately, many in our community are committed to taking on this serious problem, including Bernalillo County Commissioner Maggie Hart Stebbins who established the Bernalillo County Opioid Initiative. We will collaborate with that initiative and we have agreed in principle with Chancellor [Paul] Roth from the [University of New Mexico] Medical School to participate in a coordinated State wide effort to address this problem.
We will continue our “worst of the worst” anti-violence initiative. Under this initiative, we work with New Mexico’s District Attorneys and state, local and tribal law enforcement officers to target those criminals in our communities who commit a disproportionate amount of the crime. ATF, represented here by Assistant Special Agent in Charge Mark Murray, is the bedrock for this initiative. A number of our local partners in this initiative, including New Mexico State Police Chief Pete Kassetas, are also here.
District Attorney Francesca Estevez from Deming and District Attorney Mark D’Antonio from Las Cruces, thank you both for being here today, and for partnering with us on the “worst of the worst” initiative. To strengthen our bonds with the District Attorneys around the State and to enhance this program, we have launched a new initiative that contemplates designating a limited number of Assistant District Attorneys as Special Assistant U.S. Attorneys. These Special Assistant U.S. Attorneys will serve not only as a symbolic bridge between our offices but will also enable our District Attorneys to help us identify the “worst of the worst” in their communities for federal prosecution.
Cabinet Secretary Greg Myers of the New Mexico Department of Homeland Security and Emergency Management also joins us here today. Secretary Myers is in the process of re-building New Mexico’s “fusion center.” Secretary, it is important that you succeed in this mission. It is important for our state, county, local and tribal officers to have one place from which to receive important information and one place to send information so law enforcement efforts can be enhanced and properly coordinated. Your efforts will assist officers like San Juan County Sheriff Ken Christesen, Santa Fe Police Chief Eric Garcia, and Chief Kendall Vicenti of the Jicarilla Apache Nation. A viable “fusion center” will help make our law enforcement officers’ jobs easier and safer, and we are pleased to be assisting Secretary Myers in achieving that goal.
New Mexico is home to 22 Indian tribes and the U.S. Attorney’s Office is proud of the work at it does with each one of these tribes. When he was U.S. Attorney, [U.S. District] Judge [Kenneth] Gonzalez created and implemented an Indian Country Crimes Section and he left a proud legacy when it comes to bringing justice to New Mexico’s Indian Country. At a minimum, it is now my responsibility to continue that legacy and hopefully to build upon it. Because many of our tribes are small and because of jurisdictional limitations, our tribal governments often do not have the capability to prosecute cases arising from their communities. This means that the Indian Country Crimes Section must prosecute some very difficult cases from these communities. If we do not prosecute these difficult cases – cases ranging from murder to child sexual assaults to serious assaults – they will not be not be prosecuted at all. So we take on these tough cases, and we do so in partnership with the BIA, FBI and our tribal police departments and with the full support of our tribal leaders, including Governor Gil L. Vigil of the Eight Northern Indian Pueblos Council and President Ty Vicenti of the Jicarilla Apache Nation.
We will continue our pro-active outreach to our tribal communities. We have partnered with BIA to train tribal, local and state law enforcement officers so that they could be cross-commissioned by the BIA. This past year, almost 200 officers were cross-commissioned by the BIA. This is a force multiplier that enhances public safety in our tribal communities. We also will continue to have outreach with our Native American youth to emphasize the importance of education and the perils of getting involved with drugs, gangs, violence and firearms.
At the beginning of our ceremony, Lt. Governor [Antonio] Chewiwi from the Pueblo of Isleta delivered our invocation in Tewa, one of the languages of our Pueblo people. Lt. Governor Chewiwi, thank you for honoring us with your prayer and thank you for also being a leader in a new initiative being launched by the U.S. Attorney’s Office, the Pueblo of Isleta, and our Project Safe Neighborhoods Task Force. We will be implementing a reentry pilot program by the end of the year that focuses on tribal members who are being released from jail and transitioning back to pueblo life. It will focus on providing cultural and spiritual support and substance abuse treatment. A major goal will be to ensure that the basics of housing, food, transportation, and employment are met so that those who are reentering the Pueblo can focus on a future free from the problems that have plagued them in their pasts.
There are a couple more priorities I want to highlight today and those involve the outstanding work of our civil attorneys. U.S. Attorney’s Offices throughout the country have at least one “Affirmative Civil Enforcement” attorney who is charged with filing civil lawsuits on behalf of the United States to recover government money lost to fraud, waste and abuse. We have increased the resources in this area with the goal of identifying more of the fraud that is occurring at the taxpayers’ expense and returning that money to the government’s coffers.
We also have ramped up our affirmative environmental work with partners like the Fish and Wildlife Service, the Bureau of Land Management, the Forest Service and the Department of Agriculture because it is important that we preserve and protect our natural resources not only for our use and enjoyment now, but also for our future generations.
Before I close, I want to acknowledge a good friend of the U.S. Attorney’s Office, someone who represents an essential part of our criminal justice system, Steve McCue, the Federal Public Defender for the District of New Mexico. We all know that effective legal representation for all persons charged with crimes is critical to safeguarding justice and fairness in the criminal process. Thank you, Steve, for being here today.
In closing, I want to thank the women and men of the U.S. Attorney’s Office. They are hardworking, dedicated public servants, and they are the reason why the Office is able to take on all that I have talked about today. Let me give you a couple of examples who they are.
On Wednesday, the Attorney General recognized Glynette Carson McNabb in Washington, D.C., for exceptional service in Indian Country. Glynette supervises the Indian Country Crimes Section for the Office. From across the country, the Attorney General recognized only one person in this category this year. This tells you about the caliber of Glynette’s work, and the attorneys and support staff who work with her.
As another example, last year when I supervised the Organized Crime Section, I called an attorney on a Sunday afternoon and asked him a question concerning a matter that had just come up and required immediate attention. That attorney responded by coming into the office on that Sunday afternoon, working through the night, working through the day on Monday, and then into the night and did not leave until 3:00 a.m. on Tuesday, after he made sure that the matter was addressed. This is the type of teamwork and dedication the people I work with exhibit.
I have many friends here today. Some I have known since childhood, some I know from schools, and others from working together. Understanding that some of you have traveled great distances to be here today, I want to thank each one of you. Thank you for your friendship, your support, and your inspiration.
I also want to thank my mom Carmen, my wife Holly, my sons, and the rest of my family. Thank you for your support.
Your Honors, I know that the U.S. Attorney’s Office here in New Mexico has built up a reservoir of good will with the Court as the result of previous generations of U.S. Attorneys and Assistant U.S. Attorneys who have practiced before you. With this knowledge, I realize that it is now my responsibility to make sure that when we appear before you, as officers of the Court, we must always accurately represent the law, be fair to the facts, and speak candidly to the Court.
Thank you for the great honor of being able to appear before you.
Kirtland Man Sentenced to Prison for Federal Statutory Rape ConvictionRead the Press Release
ALBUQUERQUE – Justin Chee, 24, a member of the Navajo Nation who resides in Kirtland, N.M., was sentenced this morning to 30 months in federal prison followed by five years of supervised release for his statutory rape conviction. Chee will be required to register as a sex offender after he completes his prison sentence.
Chee was arrested in March 2014, on a criminal complaint alleging that he engaged in a sexual act with a Jicarilla Apache child between the age of 12 and 16 years. Chee subsequently was indicted and charged with statutory rape. According to the indictment, Chee committed the offense in Aug. 2012, in a location within the Navajo Indian Reservation.
Chee pled guilty to the indictment on June 16, 2014, and admitted that on Aug. 30, 2012, when he was 22 years of age, he knowingly engaged in a sexual act with the 14-year-old victim.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety, the Jicarilla Apache Tribal Police Department and the San Juan Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
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/.Kirtland Woman Pleads Guilty to Second Degree Murder ChargeRead the Press Release
ALBUQUERQUE – LaSheena Jacquez, 27, of Kirtland, N.M., entered a guilty plea this morning to a second degree murder charge. The guilty plea was entered under a plea agreement with the U.S. Attorney’s Office.
Jacquez was one of five individuals, all of whom are enrolled members of the Navajo Nation, who were indicted in Jan. 2014, on criminal charges arising from the kidnaping and brutal murder of a 28-year-old Navajo woman on Oct. 23, 2013. The five defendants previously had been arrested in Dec. 2013, on a criminal complaint that was filed after law enforcement authorities received information that the victim, who had been reported as missing in Nov. 2013, had been murdered. The victim’s remains were recovered on Dec. 9, 2013.
The four-count indictment charged Jacquez, Patrick Benally, 26, of Kirtland, Justin Benally, 26, of Farmington, N.M., Scott Thompson, 28, of Farmington, and Mariah Benally, 22, of Kirtland, with first degree murder, kidnapping, and conspiracy to kidnap. It also charged Jacquez, Justin Benally, Thompson and Mariah Benally with harboring Patrick Benally to prevent his arrest on a warrant for an unrelated crime. The indictment alleges that the crimes charged occurred on the Navajo Indian Reservation within San Juan County, N.M.
During this morning’s proceedings, Jacquez pled guilty to a felony information charging her with second degree murder. In her plea agreement, Jacquez causing to the victim’s death on Oct. 23, 2013, by repeatedly stabbing the victim with a knife, throwing rocks at the victim, and aiding and abetting others who also caused the victim’s death. Jacquez admitted acting in wanton disregard for human life knowing that her actions created a serious risk of death or serious bodily injury. Jacquez also admitted that she destroyed evidence and aided and abetted others in the destruction of evidence in an effort to evade prosecution.
Jacquez has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled. Jacquez faces a maximum statutory penalty of life imprisonment.
Jacquez’s four co-defendants have entered not guilty pleas to the indictment and are detained pending trial, which has not yet been scheduled. If convicted of the charges in the indictment, each faces a maximum statutory penalty of life imprisonment. Charges in indictments are merely accusations and defendants are presumed innocent unless convicted in a court of law.
This case was investigated by the Farmington office of the FBI, the Farmington Police Department and the San Juan County Sheriff’s Office. Assistant U.S. Attorneys Niki Tapia-Brito and David Adams are prosecuting the case.
Investiture Ceremony Set for U.S. Attorney Damon P. MartinezRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez will take the Oath of Office at 3:00 p.m., Friday, Oct. 17, 2014, during an investiture ceremony at the U.S. District Courthouse, 333 Lomas Blvd. NW, Albuquerque, N.M. The ceremony will take place in the Rio Grande Courtroom.
Chief Judge M. Christina Armijo of the U.S. District Court for the District of New Mexico will preside over the investiture ceremony, and Senior U.S. District Judge James A. Parker will administer the Oath of Office to U.S. Attorney Martinez. Guest speakers will be Senator Tom Udall and Acting Assistant Attorney General Molly J. Moran of the Justice Department’s Civil Rights Division. The invocation will be given by Antonio Chewiwi, Jr., 1st Lt. Governor of the Pueblo of Isleta. Solo vocal renditions of The National Anthem and America the Beautiful will be presented by Ross Daugherty, who will be accompanied by cellist Kristin Daugherty.
U.S. Attorney Martinez was appointed to his post by President Barack Obama upon the recommendation of Senators Tom Udall and Martin Heinrich. He has served as an Assistant U.S. Attorney in the District of New Mexico since 2001, most recently serving as the First Assistant U.S. Attorney and before that as the Supervisor of the Organized Crime Section. As a federal prosecutor, his experience has focused on complex drug cases, immigration cases, and national security and anti-terrorism matters. From 1996 to 1998, he was an Assistant Attorney General in the New Mexico Attorney General’s Office. Additionally, he has served as a Special Assistant District Attorney in three Judicial Districts in the State of New Mexico.
U.S. Attorney Martinez serves as the top federal law enforcement official in New Mexico and represents the United States’ interests in civil cases. He leads an office of 84 Assistant U.S. Attorneys, three Special Assistant U.S. Attorneys, 75 support staff and 20 contract employees working in offices in Albuquerque and Las Cruces, N.M.
A native of New Mexico, Mr. Martinez received a Bachelor of Arts degree in both Economics and Political Science in 1989, a Juris Doctor in 1992, and a Master of Business Administration in 1993, all from the University of New Mexico.
Acoma Pueblo Woman Sentenced to Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Roxanne C. Lewis, 26, an enrolled member of the Acoma Pueblo who resides in Acoma, N.M., was sentenced today to a year and a day in federal prison followed by a year of supervised release for her federal assault conviction.
Lewis was arrested on Jan. 21, 2014, on a criminal complaint alleging that she assaulted a 25-year-old Kewa Pueblo man by stabbing him with a knife. The assault occurred in a location within Acoma Pueblo in Cibola County, N.M., on Jan. 9, 2014.
On June 18, 2014, Lewis entered a guilty plea to a felony information charging her with aggravated assault with a deadly weapon. Lewis admitted assaulting the victim with a knife during a domestic dispute. The victim sustained three stab wounds that required medical treatment.
The case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Acoma Police Department, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.
Mexican National Sentenced to Federal Prison for Trafficking Cocaine in Anthony, N.M.Read the Press Release
ALBUQUERQUE –Alejandro Lopez, 41, a Mexican native who resides in Anthony, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in federal prison for his cocaine trafficking conviction. Alejandro Lopez, a legal permanent resident, will be deported after he completes his prison sentence.
Alejandro Lopez and his brother Eddy Lopez, 38, were arrested on Nov. 15, 2012, on a criminal complaint charging them with trafficking in cocaine. On March 29, 2013, Eddy Lopez entered a guilty plea to a felony information charging him with possession of cocaine with intent to distribute. Alejandro Lopez was indicted on that same charge on June 19, 2013.
Alejandro Lopez was found guilty on Sept. 18, 2013, by a federal jury after a three-day trial. The evidence at trial established that in late Sept. 2012, a confidential informant working under the supervision of the FBI and the Las Cruces/ Doña Ana County Metro Narcotics Agency had several telephone conversations with Eddy Lopez during which the informant negotiated to facilitate the purchase of a kilogram of cocaine for $22,000 from Eddy Lopez on behalf of a buyer. On Sept. 27, 2012, law enforcement officers conducted surveillance while Alejandro Lopez and Eddy Lopez completed the drug deal by delivering a package containing 794 grams of cocaine to the informant. Both men were arrested on local charges at that time. The local charges subsequently were dismissed in favor of federal prosecution.
A sentencing hearing for Eddy Lopez has yet to be set. He faces a prison sentence of not less than five years and not more than 40 years followed by at least four years of supervised release.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. Attorneys Maria Y. Armijo and Edwin Garreth Winstead III of the U.S. Attorney’s Las Cruces Branch Office.
Federal Prosecutor from New Mexico Receives U.S. Attorney General AwardRead the Press Release
ALBUQUERQUE – Attorney General Eric Holder presented 278 Justice Department employees and ten other individuals, including an Assistant U.S. Attorney from the U.S. Attorney’s Office in the District of New Mexico, with Attorney General Awards at a ceremony today in Washington, D.C. These annual awards recognize Justice Department employees and other individuals for their dedication to carrying out the Department of Justice’s mission.
“With this important event, we come together to honor some of our nation’s most distinguished, dedicated, and deserving public servants,” said Attorney General Holder. “The hard work and impressive achievements of these 278 award recipients have inspired their colleagues at every level of the U.S. Department of Justice – including me. Their leadership has been indispensable in defining the past year as one of historic accomplishment in the face of nearly unprecedented challenge.”
During today’s ceremony, Supervisory Assistant U.S. Attorney Glynette R. Carson McNabb received the Attorney General’s Award for Exceptional Service in Indian Country which recognizes extraordinary efforts by Justice Department employees who demonstrate the Department’s commitment to fight crime in Indian Country. Ms. Carson McNabb was recognized for her exceptional service and outstanding contributions to public safety in Indian Country over the course of 14 years as an Assistant U.S. Attorney in the District of New Mexico. Since June 2010, Ms. McNabb has served as the supervisor for the Indian Country Crimes Section of the U.S. Attorney’s Office and Tribal Liaison for the 22 tribes in New Mexico. In presenting the award to Ms. Carson McNabb, Attorney General Holder noted that Ms. Carson McNabb’s “dedication to improving public safety and the quality of life in tribal communities not only in New Mexico but throughout the country, has substantially contributed to the Justice Department’s commitment to fight crime in Indian Country.”
“This award is not only a fitting recognition of Glynette Carson McNabb’s extraordinary contributions to tribal communities in New Mexico and throughout the country,” said U.S. Attorney Damon P. Martinez, “it is also a tribute to the countless tribal leaders, tribal, local, state and federal law enforcement officers, social service providers, and members of our Pueblos and Tribes who work with Glynette and the Assistant U.S. Attorneys in the Indian Country Crimes Section to bring justice to our Native communities. Their dedication to the communities they serve is inspiring and is making a powerful difference for our tribal communities.”
In addition to supervising ten Assistant U.S. Attorneys charged with investigating and prosecuting the full range of crime arising from New Mexico’s 22 Indian tribes, Ms. Carson McNabb has been responsible for implementing and directing three DOJ-sponsored pilot projects in the New Mexico’s Indian Country, including the Office on Violence Against Women (OVW) Tribal Special Assistant U.S. Attorney Pilot Project, which seeks to combat violence against Native American women. In addition to her work on the OVW pilot project, Ms. Carson McNabb serves as a member of the Attorney General’s Violence Against Women Federal and Tribal Prosecution Task Force.
Ms. Carson McNabb also has significantly contributed to the Justice Department’s work in Indian Country through her efforts to expand the available law enforcement resources by training tribal, state and local officers so that they may be commissioned as special law enforcement (SLE) officers by the BIA. As a member of the Criminal Justice in Indian Country Working Group, Ms. Carson McNabb assisted in the development of a training program for officers seeking to obtain SLE commissions from the BIA, has participated in numerous SLEC training programs throughout the country, and regularly serves as faculty for DOJ sponsored Indian Country training programs.
Ms. Carson McNabb is a native of Silver City, N.M. Before joining the U.S. Attorney’s Office, Ms. Carson McNabb was an Assistant District Attorney in the 13th Judicial District Attorney’s Office (Valencia County) for the State of New Mexico for four years. She is a graduate of the University of New Mexico and Texas Tech University School of Law.
Las Cruces Man Sentenced to 130 Months for Participating in Las Cruces-Based Methamphetamine Trafficking RingRead the Press Release
ALBUQUERQUE – Ernest Joe Marquez, 46, of Las Cruces, N.M., was sentenced in Las Cruces federal court this morning to 130 months in federal prison followed by five of supervised release for his methamphetamine trafficking conviction. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division, and Special Agent in Charge Thomas Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Marquez was one of eleven defendants arrested in May 2012 and charged with participating in a conspiracy to possess methamphetamine with intent to distribute from Jan. 2012 through May 2012. According to a superseding indictment filed in Oct. 2012, members of the conspiracy transported methamphetamine from El Paso, Texas, and Phoenix, Ariz. to Doña Ana County, N.M., where the methamphetamine was distributed to local drug dealers.
Nine of the eleven defendants resolved the charges against them by entering guilty pleas to various drug trafficking charges. Marquez and Melchor Arroyos, 53, of El Paso, Texas, elected to proceed to trial on the following counts of the superseding indictment: Count 1, charging both men with conspiracy to possess methamphetamine with intent to distribute; Count 13, charging Marquez with using a communication device to facilitate a drug trafficking crime; Count 16, charging Marquez with possession of methamphetamine with intent to distribute; and Count 17, charging Arroyos with possession of methamphetamine with intent to distribute. On July 31, 2013, a federal jury returned guilty verdicts against Arroyos and Marquez after a three-day trial.
The evidence at trial established that in March 2012, the DEA received authorization to conduct a wiretap investigation and listen to communications occurring over Marquez’s telephone. During the investigation, the investigators learned that Marquez was conspiring with others to bring large quantities of methamphetamine from Texas and Arizona to New Mexico so that the drugs could be divided up, repackaged, and sold on the streets of Las Cruces. Among other things, the investigation revealed that in April 2012, Marquez sent two women to Arizona to pick up a pound of methamphetamine. Through intercepted conversations, the investigators learned that, after taking possession of the methamphetamine, Marquez sold the methamphetamine to local drug dealers.
The investigation also revealed that in May 2012, Marquez made arrangements for the delivery of another pound of methamphetamine. This time, Arroyos was responsible for delivering the methamphetamine. After Arroyos’ initial attempt to deliver the methamphetamine to Marquez was unsuccessful, the two men had a telephone conversation during which they made arrangements for Arroyos to deliver the methamphetamine to Marquez at his home. Before Arroyos could make the delivery, he was arrested by an officer who executed a traffic stop on Arroyos’ vehicle and found a pound of methamphetamine hidden in the engine area of the vehicle.
On Aug. 12, 2014, Arroyos was sentenced to ten years of federal prison followed by five years of supervised release.
The case was investigated by the Las Cruces offices of the DEA and ATF, with assistance from the U.S. Border Patrol, Hatch Police Department, Motor Transportation Division of the New Mexico Department of Public Safety, New Mexico State Police, Las Cruces/Doña Ana County Metro Narcotics Agency, and Las Cruces Police Department Gang Task Force. It is being prosecuted by Assistant U.S. Attorneys Sarah M. Davenport, Marisa Lizarraga and Aaron O. Jordan.
The case was the result of a five-month investigation led by the DEA and ATF, which 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.
Armed Career Offender Sentenced to Fifteen Years in Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Alfonso Thompson, 38, of Albuquerque, N.M.., was sentenced today in federal court to 15 years in federal prison followed by three years of supervised release for being an armed career offender. The sentence was announced by U.S. Attorney Damon P. Martinez, 2ndJudicial District Attorney Kari E. Brandenburg and Special Agent in Charge Thomas Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives and Chief Gorden Eden of the Albuquerque Police Department.
U.S. Attorney Damon P. Martinez said that Thompson 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.
Thompson was federally indicted on Nov. 27, 2012, and subsequently arrested in Dec. 2012 for unlawfully possessing a handgun and ammunition in Bernalillo County, N.M., on July 12, 2012. According to court filings, Thompson was prohibited from possessing firearms and ammunition in July 2012 because he was a convicted felon. Despite numerous prior felony convictions, Thompson possessed thirteen firearms and approximately 474 rounds of ammunition in July 2012.
Thompson entered a guilty plea to an indictment charging him with being a felon in possession of a firearm and ammunition on Jan. 14, 2014. Thompson received an enhanced sentence of 15 years in prison due to his status as an armed career offender.
Thompson’s criminal history consists of nine convictions, including seven felony convictions, accumulated since 1997, of which three were drug-related, five involved violence (including two for attempted murder), and four involved the presence of a firearm. Thompson currently is facing charges in state court for a double homicide and the non-fatal shooting of a third victim. Thompson has entered a not guilty plea in the state case and is presumed innocent of those charges unless found guilty in a court of law.
Thompson’s federal conviction in this case arose from facts separate from his pending state charges. If Thompson is convicted on the pending state charges, any sentence imposed on Thompson in the state case must be served consecutive to the sentence imposed in this federal case.
This case was investigated by the Albuquerque office of ATF, the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorney C. Paige Messec of the U.S. Attorney’s Office.
U.S. Labor Department Settles Unfair Labor Practices Lawsuit Against St. James TearoomRead the Press Release
ALBUQUERQUE – The U.S. Department of Labor has entered into a settlement agreement with the St. James Tearoom, Inc. and its owners, Mary Alice and Daniel Higbie, which resolves an unfair labor practices lawsuit filed in Dec. 2014. The lawsuit alleged that St. James Tearoom and its owners violated the Fair Labor Standards Act (FLSA) by failing to pay required minimum and overtime wages to its employees.
Under the terms of the settlement agreement, which was filed as a court order today in the U.S. District Court for the District of New Mexico, the St. James Tearoom agrees to comply with the FLSA by paying its employees the required minimum hourly rate for workweeks of 40 hours or less, and by paying its employees at a rate not less than one and one-half times the regularly rate for work in excess of 40 hours per week. The agreement also requires that the St. James Tearoom keep accurate records of its employees, hours worked, wages paid, and other employment conditions and practices. The St. James Tearoom also will pay $25,286.
70 in backwages for the period of Dec. 2011 through Feb. 2013, plus an additional $25,286.70 in liquidated damages for a total amount of $50,573.40, to 42 employees.The Labor Department’s lawsuit was filed after investigators from the Wage and Hour Division’s Albuquerque District Office found that St. James Tearoom required that its dishwashers and serving staff join a tip pool, resulting in minimum wage violations. The mandatory tip pool included salaried managers, shift leaders, dishwashers, and other employees who are not eligible for tip pools, making the St. James Tearoom’s entire tip pool arrangement invalid. The St. James Tearoom also failed to keep accurate records of hours worked by employees, resulting in record-keeping violations.
Under the FLSA, the employer may consider tips as part of wages, but the employer must pay at least $2.13 per hour in direct wages. The employer who elects to use the tip credit provision must inform the employee in advance and must show that the employee receives at least the applicable minimum wage of $7.25 when direct wages and tip credit are combined. If an employee’s tips, combined with the employer’s direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Employees must retain all their tips, except to the extent that they participate in a valid tip pool of sharing arrangement.
“When employers fail to pay the required minimum and overtime wages, it negatively impacts not just the workers and their families, but also other businesses and the community. Underpaying workers gives this business an unfair competitive edge against employers who abide by the law,” said Cynthia Watson, regional administrator for the Labor Department’s Wage and Hour Division in the Southwest. “This settlement agreement ensures that the employees of the St. James Tearoom will receive the backwages they are due and that they will continue to be properly compensated for their work.”
Colleen B. Nabhan of the Office of the Solicitor, U.S. Department of Labor, and Assistant U.S. Attorney Michael H. Hoses of the District of New Mexico litigated the case on behalf of the U.S. Labor Department.
Torreon Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Isaac Gordo, 30, an enrolled member of the Navajo Nation who resides in Torreon, N.M., entered a guilty plea this morning to an involuntary manslaughter charge. Under the terms of his plea agreement, Gordo will be sentenced to 37 months if federal prison followed by a term of supervised release to be determined by the court.
During today’s proceedings, Gordo pled guilty to a felony information charging him with killing another man on July 17, 2013, while operating a vehicle under the influence of alcohol and driving recklessly. According to the information, the offense occurred on the Navajo Indian Reservation in Sandoval County, N.M.,
In his plea agreement, Gordo admitted killing the victim while driving under the influence of liquor. Gordo acknowledged that he had been drinking alcohol before he driving his vehicle off the roadway, over correcting and flipping the vehicle so that it came to rest on its roof.
Gordo is in federal custody and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Navajo Nation Division of Public Safety and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Portales Man Sentenced to Ten Years in Federal Prison for Trafficking Methamphetamine in Roosevelt County, N.M.Read the Press Release
ALBUQUERQUE – Jesus Jose Ornelas-Yanez, 39, of Portales, N.M., was sentenced yesterday to 121 months years in federal prison followed by five years of supervised release for his methamphetamine trafficking conviction. He also was ordered to pay a $17,500.00 fine.
Ornelas-Yanez was arrested on Dec. 18, 2012, on a criminal complaint alleging that he violated the federal immigration laws by re-entering the United States without permission after he previously had been deported. He has been in federal custody since that time.
On Feb. 6, 2013, Ornelas-Yanez and a co-defendant, Tomas Garcia, 56, a Mexican national illegally residing in Portales, were indicted and charged with conspiracy and possession of methamphetamine with intent to distribute. It also charged Ornelas-Yanez with unlawful reentry of a removed alien. According to the indictment, Ornelas-Yanez and Garcia conspired on Dec. 12, 2012, to distribute methamphetamine in Roosevelt County, N.M., and possessed methamphetamine on that date with the intention of distributing it to another person.
On June 26, 2013, Ornelas-Yanez entered a guilty plea to Count 2 of the indictment charging him with possession of methamphetamine with intent to distribute. Ornelas-Yanez admitted that prior to Dec. 12, 2012 he agreed to sell a pound of methamphetamine on consignment to a confidential informant and allowed the informant to send a courier to pick up the methamphetamine. The courier turned out to be a DEA agent working in an undercover capacity. Ornelas-Yanez admitted that on Dec. 12, 2012, he instructed the DEA agent to pick up the methamphetamine from Garcia at a convenience store in Portales, N.M. Subsequent lab analysis revealed that the substance obtained by the DEA agent from Garcia was 443.9 grams of actual methamphetamine.
Garcia pled guilty to Counts 1 and 2 of the indictment charging him with conspiracy and possession of methamphetamine with intent to distribute on July 17, 2013. On Oct. 17, 2013, Garcia was sentenced to 24 months in prison. He will be deported when he completes his prison sentence.
This case was investigated by the Las Cruces office of the DEA, the Roosevelt County Sheriff’s Office and U.S. Customs and Border Protection. Assistant U.S. Attorneys Lynn W.Y. Wang and Linda Mott prosecuted the case.
Mitten Rock, N.M., Woman Sentenced to Prison for Federal Involuntary Manslaugher ChargeRead the Press Release
ALBUQUERQUE – Patrica Benally, 37, an enrolled member of the Navajo Nation who resides in Mitten Rock, N.M., was sentenced this morning to 46 months in federal prison followed by two years of supervised release for her involuntary manslaughter conviction.
Benally was arrested on Feb. 5, 2014, on a criminal complaint charging her with involuntary manslaughter of a four-year-old Navajo child on the Navajo Indian Reservation. Benally was charged by indictment for involuntary manslaughter on Feb. 26, 2014.
According to court filings, Benally was intoxicated when the vehicle she was driving was involved in a rollover collision near mile marker 72 on U.S. Highway 491 south of Shiprock, N.M. The victim was one of five passengers, four of whom were young children, in Benally’s vehicle at the time of the collision. Benally’s blood alcohol content was .237 shortly after the collision.
On April 23, 2014, Benally admitted killing the victim while driving under the influence of alcohol. According to the plea agreement, Benally was driving intoxicated at a high rate of speed when she fell to sleep and lost control of the vehicle, causing it to roll over and crash. The victim was killed as a result of the crash.
The case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Clay Samson Geronimo, 26, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty last week in federal court in Las Cruces, N.M., to a federal assault charge. Geronimo entered his guilty plea on Oct. 10, 2014, without the benefit of a plea agreement.
Geronimo was arrested on Feb. 21, 2014, on a criminal complaint alleging that he assaulted a Mescalero Apache woman on Jan. 12, 2014, on the Mescalero Apache Reservation in Otero County, N.M., and caused her to suffer serious bodily injuries. Geronimo was indicted on March 3, 2014, and charged with assault resulting in serious bodily injury.
Court filings reflect that on Jan. 12, 2014, Geronimo assaulted the victim by striking her in the face with his fists. As a result of the assault, the victim sustained a fractured eye socket and fractured nasal bones, which required surgical treatment. Geronimo was arrested on tribal charges on Jan. 12, 2014, and entered a no contest plea in Mescalero Tribal Court.
Geronimo has been in federal custody since his arrest on Feb. 21, 2014 and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Geronimo faces a statutory maximum sentence of ten years in federal prison.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
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.
Vanderwagon Man Sentenced to Fourteen Years for Federal Child Sex Abuse ConvictionRead the Press Release
ALBUQUERQUE – Darryle R. Dennison, 25, an enrolled member of the Navajo Nation who resides in Vanderwagon, N.M., was sentenced this morning to 14 years in prison followed by ten of supervised release for his aggravated sexual abuse conviction. Dennison will be required to register as a sex offender after he completes his prison sentenced.
Dennison’s sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Director John Billison of the Navajo Nation Division of Public Safety.
Dennison was arrest on June 7, 2013, on a criminal complaint alleging that he sexually abused a child less than 12 years old on June 4, 2013, in a location within the Navajo Indian Reservation, in McKinley County, N.M. On March 18, 2014, Dennison pled guilty to a felony information charging him with aggravated sexual abuse and admitted engaging in a sexual act with a child under the age of 12 years.
This case was investigated by the Gallup office of the FBI with assistance from the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorneys Glynette R. Carson McNabb and Presiliano A. Torrez.
The case was brought pursuant to 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/.
Governor’s Former Campaign Manager Sentenced to Prison for Computer Intrusion and False Statement ConvictionRead the Press Release
ALBUQUERQUE – Jamie Estrada, 41, of Los Lunas, N.M., was sentenced today by U.S. District Judge William P. Johnson for his conviction on unlawful interception of electronic communications and false statement charges arising out of the unlawful interception of wire communications intended for others, including New Mexico Governor Susana Martinez and members of her staff. Estrada was sentenced to nine months of imprisonment followed by three years of supervised release. Estrada also was ordered to perform 100 hours of community service and to pay a $10,000 fine. Estrada is to voluntarily surrender to a federal correctional institution to be designated by the U.S. Bureau of Prisons.
In announcing Estrada’s sentence, U.S. Attorney Damon P. Martinez said, “This prosecution demonstrates the Justice Department’s commitment to protecting Americans from those who seek to violate their privacy. In an electronic age, much of our personal, professional and financial information is repeatedly transmitted on a daily basis by email and other wireless device. Each and every one of us has a right and an expectation of privacy in our electronic communications, including our emails, and individuals who violate the law by diverting, stealing or otherwise misappropriating our private communications should face serious consequences.”
“Jamie Estrada stole the emails that were the subject of this case, plain and simple. He took private information that didn't belong to him, and lied about it,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division. “I thank the FBI special agents and professional staff for their hard work on this case, and congratulate the U.S. Attorney’s Office for a successful prosecution. This sentencing occurs during National Cyber Security Awareness Month, which since 2004 has reminded Americans of the importance of protecting our own privacy online as well as our country's national security.”
Estrada was charged in a 14-count indictment filed in May 2013. The first 12 counts of the indictment alleged that, between July 2011 and June 2012, Estrada unlawfully intercepted wire communication intended for individuals who had email accounts on an internet domain owned by the Governor’s political organization. The final two counts charged Estrada with making false statements to the FBI in Sept. 2012, in which he denied taking certain actions to unlawfully intercept wire communications as charged in first 12 counts of the indictment. The indictment subsequently was superseded in Oct. 2013 and May 2014 to add two more false statement charges.
According to court filings, in summer 2009, Governor Martinez, who was then the District Attorney in Dona Ana County, N.M., began assembling a political campaign as she prepared to enter the Nov. 2010 gubernatorial race. In July 2009, a political supporter of the Governor registered an internet domain designated as susana2010.com (the Domain) for a two-year period through an online service. The supporter donated the Domain, including its username and password, to the Governor’s political organization. The username and password were required for making administrative changes to the Domain, including posting content to the Domain’s website and creating email accounts associated with the Domain. They also were required to renew the registration for the Domain, which was scheduled to expire on July 18, 2011. As the owner of the Domain, the Governor’s political organization had the exclusive right to renew the registration before it expired and during a 42-day grace period following the expiration date.
During the gubernatorial campaign, the Domain became an important tool for the Governor’s political organization. Members of the campaign staff, including the Governor, maintained email accounts on the Domain which they used to communicate with each other, the Governor’s political supporters, and the media. Estrada, who joined the Governor’s political organization as the campaign manager in July 2009, was provided with the username and password for the Domain. When Estrada left the campaign in Dec. 2009, the Governor requested that he cooperate in efforts to remove his access to and privileges regarding the campaign’s accounts.
After Governor Martinez was inaugurated in Jan. 2011, the Governor, members of her staff and others continued to use the email accounts associated with the Domain. In July 2011, individuals who had email accounts on the Domain began receiving reports that emails sent to those accounts were bouncing back to the senders and soon determined that the emails were not getting delivered because the Domain had expired. Their efforts to re-register the Domain were unsuccessful because they could not locate or recall the Domain’s username and password. In July 2011 and as part of their efforts to locate the username and password, the Governor’s staff asked Estrada to provide this information and he did not respond.
On June 16, Estrada entered guilty pleas to Counts 6 and 16 of the second superseding indictment, charging him with unlawful interception of electronic communications and false statements, respectively. In his plea agreement, Estrada admitted that on July 29, 2011, he logged onto the Domain and altered the customer profile using a fictitious name with a Colorado address. Estrada also admitted renewing the Domain under the fictitious name and paid for the renewal with a pre-paid gift card so that the renewal could not be traced back to him.
According to the plea agreement, Estrada changed the settings for the Domain to direct all incoming email to an email account he controlled so that the emails were routed to him instead of the intended recipients. From July 2011 through June 2012, Estrada intercepted hundreds of email messages intended for recipients at the Domain, including the Governor. The intercepted emails included personal emails, internal political communications and emails from ordinary citizens to the Governor or her staff. In his plea agreement, Estrada admitted sharing the emails he unlawfully intercepted with the Governor’s political opponents to disseminate the emails to news media and other outlets.
Estrada admitted unlawfully intercepting an email dated Jan. 4, 2012, which was entitled “Confidential RGA [Republican Governors’ Association] Update” and was intended for the Governor, as charged in Count 6 of the second superseding indictment. In his plea agreement, he also acknowledged unlawfully intercepting the eleven other emails described in Counts 1 through 5 and 7 through 12 of the indictment.
Estrada also admitted making false statements to FBI agents on Sept. 19, 2012, when they executed a search warrant at his residence. Specifically, Estrada told the FBI agents that he had not paid for the renewal of the Domain using a pre-paid gift card as charged in Count 16 of the second superseding indictment. In his plea agreement, he also acknowledged making the false statements charged in Counts 13, 14 and 15 of the indictment.
This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorneys Fred J. Federici and Jeremy Pena.
Arizona Man Pleads Guilty to Methamphetamine Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Charles Douglas Notbohm, Jr., 50, of Tucson, Ariz., pleaded guilty yesterday afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Notbohm was arrested in Lordsburg, N.M., on Feb. 21, 2014, after officers executed a search warrant on the vehicle in which he were traveling and found more than 116 grams of methamphetamine. On May 21, 2014, Notbohm and a co-defendant, James Richard Reeves, 46, also of Tucson, were indicted and charged with conspiracy and possession of methamphetamine with intent to distribute. On July 16, 2014, Notbohm, Reeves and a third co-defendant, Armando Conrad Gonzales, 33, of Las Cruces, NM, were charged in a superseding indictment with conspiracy and possession of methamphetamine with intent to distribute. The superseding indictment also charged Gonzales with being a felon in possession of a firearm.
Today, Notbohm pled guilty to a felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. In entering his guilty plea, Notbohm admitted that on Feb. 21, 2014, he and Reeves were driving from Tucson to Las Cruces for the purpose of delivering methamphetamine to a co-conspirator. He further admitted that as the two men were driving through Lordsburg, they were stopped by a police officer who found more than 116 grams of methamphetamine in their vehicle.
Notbohm has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, he faces a prison sentence of not more than twenty years in prison.
Reeves was arrested on May 22, 2014, and pled guilty to the two methamphetamine trafficking charges in in the superseding indictment without the benefit of a plea agreement on Sept. 18, 2014. He has been in custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled. At sentencing, Reeves faces a sentence of not less than five years and not more than 40 years in prison.
Gonzales was arrested on May 13, 2014, and remains in custody pending trial. He has entered a not guilty plea to the charges in the superseding indictment. Charges in the indictment are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
This case was investigated by Deming office of Homeland Security Investigations and the Lordsburg Police Department, and is being prosecuted by Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Sentenced to Seventy-Two Months for Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Raymond Moya, 31, of Albuquerque, N.M., was sentenced today to ten years in federal prison followed by six years of supervised release for his heroin trafficking conviction. Moya also was ordered to forfeit $5199 in cash that was seized from him at the time of his arrest.
Moya was charged in Nov. 2011, on a criminal complaint charging him with possession of heroin with intent to distribute, and later was indicted on that same charge in Dec. 2011. According to court filings, Moya was arrested on outstanding state warrants by the Albuquerque Police Department on Nov. 4, 2011. During a search incident to arrest, the officers found that Moya was in possession of 48.77 grams of heroin and $5199 in cash.
On April 10, 2014, Moya entered a guilty plea to the indictment and admitted possessing approximately 50 grams of heroin on Nov. 4, 2011, in Bernalillo County, N.M.
Court records reveal that prior to Nov. 2011, Moya had been convicted of the following felony offenses: possession of a controlled substance, aggravated assault with a deadly weapon, and possession of a controlled substance with intent to distribute.
This case was investigated by the Albuquerque office of the DEA, the U.S. Marshals Service, and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.
The case was prosecuted by Assistant U.S. Attorneys Sean J. Sullivan and Nicholas J. Ganjei 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.
Casamero Lake Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Arthur L. Ganadonegro, 24, pleaded guilty this morning to a felony information charging him with aggravated sexual abuse of a child under the age of 12 years. Under the terms of his plea agreement, Ganadonegro will be sentenced to a federal prison term within the range of ten to 12 years followed by a term of supervised release to be determined by the court. 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 sexual 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.
During today’s, Ganadonegro 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.Ganadonegro has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Acoma Tribal Police Department.
The case is being 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/.