District of New Mexico
Press releases recorded for this federal judicial district.
Mescalero Apache Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Sheridan Gerard Lester, 24 was sentenced in federal court in Las Cruces, N.M., this afternoon to 21 months in federal prison followed by three years of supervised release for his assault conviction.
Lester, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was arrested in Aug. 2013, on a criminal complaint alleging assault with a dangerous weapon and assault resulting in serious bodily injury. On Jan. 28, 2014, Lester entered a guilty plea to a felony information charging him with assault resulting in serious bodily injury and admitted assaulting another Mescalero Apache man on Nov. 27, 2012, at a location within the Mescalero Apache Reservation.
According to court filings, Lester assaulted the victim on Nov. 27, 2012, at Lester’s residence, which is located within the Mescalero Apache Reservation. Lester was intoxicated when he began quarreling with the victim and began attacking the victim with his fists. In entering his guilty plea, Lester admitted intentionally striking the victim about the body and in the face, causing the victim to suffer serious injuries.
Lester was in tribal custody for 302 days based on a tribal conviction related to the assault charged in the federal case before he was transferred to federal custody. Lester will receive credit for the 302 days spent in tribal custody.
This case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U .S. Attorney’s Las Cruces Branch Office.
Mescalero Apache Man Sentenced to Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Gabriel Gene Ortega, 34, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning for his methamphetamine trafficking conviction. Ortega was sentenced to 41 months in federal prison to be followed by three years of supervised release.
Ortega was arrested on Dec. 7, 2012, based on a criminal complaint charging him with the manufacture and distribution of methamphetamine. On April 18, 2013, Ortega pled guilty to a felony information charging him with manufacturing and distributing methamphetamine in the Mescalero Apache Reservation in Otero County, N.M., between Aug. 1, 2011 and Aug. 8, 2012.
Court filings reflect that Ortega was charged based on evidence developed by a BIA investigation. As part of that investigation, the BIA executed a federal search warrant at Ortega’s residence on Aug. 8, 2012, and seized chemicals, equipment and items associated with the manufacturing of methamphetamine. The BIA also seized a vial containing methamphetamine.
In entering his guilty plea, Ortega admitted that he had been involved in the manufacturing and distribution of methamphetamine for a year preceding the execution of the search warrant.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services with assistance from the Las Cruces office of the FBI, the Ruidoso Police Department and the New Mexico State Police. Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Carlsbad Man Sentenced to Almost Eleven Years in Federal Prison for Robbing Businesses in Southeastern New MexicoRead the Press Release
ALBUQUERQUE – Maurice Williams, 35, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 130 months in federal prison followed by three years of supervised release for violating the Hobbs Act by robbing businesses engaged in interstate commerce. Williams also was ordered to pay $3,420.00 in restitution to the victims of his criminal conduct.
The sentence was announced by U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, Chief Kent Waller of the Carlsbad Police Department, Chief Don Raley of the Artesia Police Department, and Chief Chris McCall of the Hobbs Police Department.
Maurice Williams and five other Carlsbad residents, Bennie Juarez, 28, Logan Magby, 20, Mario Muro, 23, Rance Williams, 23, and Tyler Williams, 19, were charged with violating the Hobbs Act in a criminal complaint filed on May 29, 2013. The criminal complaint charged the six men, acting in groups, with robbing the following five commercial businesses in southeastern New Mexico between Nov. 2012 and Jan. 2013:
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The Family Dollar located at 403 W. Quay Street in Artesia, N.M., by Juarez and Maurice Williams on Nov. 15, 2012.
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The Shop-N-Go located at 22212 W. Lea Street in Carlsbad by Juarez and Rance Williams on Nov. 28, 2012.
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The Family Dollar located at 901 W. Mermod Street in Carlsbad by Juarez and Maurice Williams on Dec. 2, 2012.
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The Dollar General located at 730 N. Dal Paso in Hobbs, N.M., by Juarez, Rance Williams and Tyler Williams on Dec. 9, 2012.
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The Domino’s Pizza located at 302 S. 1st Street in Artesia by Juarez, Muro, Magby and Tyler Williams on Jan. 6, 2013.
According to the criminal complaint, each of the aforementioned robberies was committed by perpetrators who wore masks or covered their faces with bandanas and brandished firearms at the store employees.
Maurice Williams entered a guilty plea on Sept. 10, 2013, to conspiracy to rob the Family Dollar in Artesia on Nov. 15, 2012, and conspiracy to rob the Family Dollar in Carlsbad on Dec. 2, 2012. The guilty plea was entered without the benefit of a plea agreement.
Maurice Williams’ five co-defendants have entered guilty pleas to Hobbs Act robberies as follows:
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Juarez pled guilty on Aug. 20, 2013, to five counts of conspiracy to violate the Hobbs Act by robbing each of the five businesses identified above.
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Magby pled guilty on Sept. 3, 2013, to conspiracy to rob the Domino’s Pizza in Artesia on Jan. 6, 2013.
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Muro pled guilty on Sept. 13, 2013, to conspiracy to rob the Domino’s Pizza in Artesia on Jan. 6, 2013.
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Rance Williams pled guilty on Sept. 10, 2013, to conspiracy to rob the Shop-N-Go in Carlsbad on Nov. 28, 2012, and conspiracy to rob the Dollar General in Carlsbad on Dec. 2, 2012.
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Tyler Williams pled guilty on Sept. 13, 2013, to conspiracy to rob the Dollar General in Hobbs on Dec. 9, 2012, and conspiracy to rob the Domino’s Pizza in Artesia on Jan. 6, 2013.
The five co-defendants remain in custody pending sentencing hearings, which have yet to be scheduled. At sentencing, each faces a statutory maximum penalty of 20 years in federal prison.
These cases were brought as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
These cases were investigated by the Roswell office of the FBI, Carlsbad Police Department, Artesia Police Department and Hobbs Police Department, with assistance from the 5th Judicial District Attorney’s Office. The cases are being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and Edwin Garreth Winstead III of the U.S. Attorney’s Las Cruces Branch Office.
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Armed Career Criminal from Roswell Pleads Guilty to Federal Firearms and Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Raymond Lariva, 30, of Roswell, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to federal firearms and drug trafficking charges. The guilty plea was announced by U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Phil Smith of the Roswell Police Department.
U.S. Attorney Damon P. Martinez said that Lariva was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
"We are pleased to join our federal partners in removing these violent offenders from our community," said 5th Judicial District Attorney Janetta B. Hicks.
ATF Special Agent in Charge Bernard J. Zapor said taking violent criminals off the streets and putting them behind bars has always been a focus of ATF. “We commend the agents and officers who repeatedly risk their lives to remove these violent offenders from our communities. I wish to recognize the leadership of U.S. Attorney Damon P. Martinez and his office for their relentless prosecution of these violent offenders.”
Court records reflect that Lariva was arrested in Roswell on state charges in Dec. 31, 2012, after he attempted to avoid capture on an outstanding state warrant. On Oct. 15, 2013, Lariva was transferred to federal custody to face related federal charges in a criminal complaint that had been filed in Jan. 2013. The state charges subsequently were dismissed in favor of federal prosecution.
According to court filings, on Dec. 31, 2012, an officer of the Roswell Police Department came upon Lariva while responding to a call. The officer, who recognized Lariva and was aware of a pending warrant for his arrest, attempted to make contact with Lariva. Lariva took off running and a foot chase ensued. During the chase, Lariva threw a small black pouch over his shoulder followed by a phone case, identification card and other items. After Lariva was arrested, officers retrieved the black pouch which contained numerous small baggies containing methamphetamine. On Jan. 3, 2013, after reviewing recorded telephone calls made by Lariva while in state custody, officers found a loaded pistol and Lariva’s cellphone on the rooftop of a building in the area in which the pursuit had taken place.
Lariva was indicted on Jan. 15, 2014, and charged with (1) being a felon in possession of a firearm and ammunition; (2) using and carrying a firearm during and in relation to a drug trafficking crime; and (3) possession of methamphetamine with intent to distribute. The indictment alleged that Lariva committed the offenses charged in Chaves County, N.M., on Dec. 31, 2012. At the time, Lariva was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery, possession of a controlled substance, conspiracy to commit burglary and being a felon in possession of a firearm.
During today’s proceedings, Lariva entered a guilty plea to the three-count indictment without the benefit of a plea agreement.
Lariva has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Lariva faces an enhanced sentence of not less than 15 years to life in prison on the felon in possession and methamphetamine charges based on his status as an armed career offender. He also will be sentenced to a mandatory five years in prison for using a firearm during a drug trafficking crime which must be served consecutive to the prison sentence imposed on the other two charges.
This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department with assistance from the 5th Judicial District Attorney’s Office. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Mexican National Pleads Guilty to Federal Methamphetamine and Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Miguel Angel Tinajero-Martinez, 24, a Mexican national illegally in the United States, pleaded guilty on July 24, 2014, to methamphetamine trafficking charges in federal court in Las Cruces, N.M.
Tinajero-Martinez was indicted on Feb. 19, 2014, under the moniker “4 Runner” and was charged with conspiracy and distribution of methamphetamine. He was arrested on Feb. 27, 2014, and has been in federal custody since that time.
On July 24, 2014, Tinajero-Martinez entered a guilty plea to a four-count felony information charging him with (1) conspiracy; (2) distribution of methamphetamine in Doña Ana County, N.M., on Jan. 27, 2014; (3) distribution of methamphetamine in Doña Ana County, N.M., on Feb. 27, 2014; and (4) possession of cocaine with intent to distribute in El Paso County, Texas, on Feb. 27, 2014.
In entering his guilty plea, Tinajero-Martinez admitted that from Dec. 2, 2013 to Feb. 27, 2014, he conspired with others to distribute an aggregate of three kilograms of methamphetamine in Doña Ana County. More specifically, Tinajero-Martinez admitted distributing one kilogram of methamphetamine to an undercover agent on Jan. 27, 2014 and distributing two kilograms of methamphetamine to undercover agents on Feb. 27, 2014. The drug transactions were negotiated by Tinajero-Martinez’s co-conspirators and Tinajero-Martinez delivered the methamphetamine to the agents.
During his plea hearing, Tinajero-Martinez also admitted possessing seven kilograms of cocaine at his home in Horizon, Texas. Tinajero-Martinez waived venue to permit him to enter his guilty plea in federal court in New Mexico.
At sentencing, Tinajero-Martinez faces a prison sentence of not less than ten years and nor more than life. He will be deported after he completes his prison sentence.
This case was investigated by the Las Cruces office of the FBI and Las Cruces/Doña Ana County Metro Narcotics Agency, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Hobbs Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – On July 24, 2014, Carlos Luis Bujanda, 46, of Hobbs, N.M., entered a guilty plea in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.
Bujanda was arrested on Dec. 12, 2013, on a criminal complaint alleging that he possessed methamphetamine with intent to distribute in Lea County, N.M., on Nov. 14, 2013. He subsequently was indicted in March 2014, on that same charge.
Court filings reflect that Bujanda was arrested by officers of the Lea County Drug Task Force on Nov. 14, 2013, when he attempted to deliver an ounce of methamphetamine to individual who, unbeknownst to him, was working as a confidential informant. After his arrest, officers executed a search warrant at Bujanda’s residence in Hobbs and seized more than 500 grams of substances that tested positive for methamphetamine and $3,366.00 in cash.
During his plea hearing, Bujanda entered a guilty plea to the indictment. In his plea agreement, Bujanda admitted possessing more than 431 grams of pure methamphetamine and $3,366.00 which were seized by officers when they executed a search warrant at his residence on Nov. 14, 2013.
Bujanda has been in custody since his arrest and remains detained pending his sentencing hearing. At sentencing, Bujanda faces a statutory penalty of not less than ten years and not more than life in prison. Under the terms of his plea agreement, Bujanda also must forfeit the currency seized from his residence and a Dodge Ram truck purchased with drug proceeds.
This case was investigated by the Las Cruces office of the DEA and the Lea County Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department, the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Fruitland Man Sentenced to Twenty-Two and a Half Years in Federal Prison for Killing Two-Year-Old Navajo ChildRead the Press Release
ALBUQUERQUE – Jason Yazzie, 31, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., was sentenced today to 270 months (22.5 years) in federal prison for his voluntary manslaughter and assault conviction. Yazzie will be on supervised release for three years after completing his prison sentence.
Yazzie was arrested on Aug. 6, 2013, based on a criminal complaint alleging that he killed a two-year-old Navajo child on Aug. 2, 2013, in a location within the Navajo Indian Reservation. On April 28, 2014, Yazzie entered a guilty plea to a felony information charging him with voluntary manslaughter and assault resulting in serious bodily injury charges.
In his plea agreement, Yazzie admitted that on Aug. 2, 2013, he became extremely frustrated with the child, who had been left in his care, and repeatedly struck the child about the torso, causing the child to sustain severe chest and abdominal injuries. Yazzie also admitted that he threw the child approximately five feet in the air and across the room, causing the child to sustain severe head and neck trauma. Yazzie admitted that he acted in frustration and in the heat of passion and that his actions caused the child’s death.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Charles Padilla, 46, of Albuquerque, N.M., pleaded guilty today to federal methamphetamine trafficking and firearms charges. Under the terms of his plea agreement, Padilla will be sentenced to 15 years in federal prison followed by a term of not less than five years of supervised release.
Padilla was arrested on Nov. 30, 2012, based on a criminal complaint charging him with possession of methamphetamine with intent to distribute. Padilla subsequently was indicted in Dec. 2012, and charged with two counts of possession of methamphetamine with intent to distribute and two counts of using and carrying firearms in furtherance of drug trafficking crimes.
According to court filings, on Nov. 30, 2012, law enforcement officers seized approximately 21 pounds of methamphetamine that were concealed in an underground storage area when they searched a residence located in southwest Albuquerque. Thereafter, officers surreptitiously recorded a telephone conversation during which Padilla acknowledged ownership of the methamphetamine. Following Padilla’s arrest, officers searched his residence and seized 19 firearms.
Today Padilla pled guilty to one methamphetamine trafficking count and one firearms count. In his plea agreement, Padilla admitted that on Nov. 30, 2012, he unlawfully possessed methamphetamine with the intention of distributing it to others. He also admitted possessing a firearm in furtherance of a drug trafficking crime.
Padilla was remanded into federal custody after entering his guilty plea. He will be detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorneys Jack E. Burkhead and Shana B. Long.Nevada Woman Sentenced to Probation for Transporting an Undocumented Mexican ToddlerRead the Press Release
ALBUQUERQUE – Serafina Madrid, 35, of Las Vegas, Nev., was sentenced this morning in federal court in Albuquerque to three years of probation for transporting an illegal alien.
Madrid was arrested on Aug. 1, 2013, on a criminal complaint charging her with unlawfully transporting of an illegal alien. On that day, law enforcement officers encountered Madrid at the Greyhound bus station in Albuquerque. At the time of the encounter, Madrid was transporting a 16-month old toddler from San Diego, Cal. to Atlanta, Ga. The toddler was a Mexican national unlawfully in the United States.
Madrid pleaded guilty on May 6, 2014, to a felony information charging her with transporting an illegal alien. In entering her guilty plea, Madrid admitted that she was transporting the child, who was an illegal alien from Mexico, when she was arrested on Aug. 1, 2013. Madrid acknowledged that she had been paid $1200.00 to transport the 16-month old toddler from San Diego, Calif., to Atlanta, Ga., and that she expected additional payment when she delivered the toddler to her mother in Georgia.
This case was investigated by the Albuquerque office of U.S. Customs and Border Enforcement, with assistance from the Albuquerque office of the DEA and the Pueblo of Laguna Tribal Police Department, and was prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and Charles L. Barth.
Shiprock Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Gerald A. Tso, 25, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this afternoon to an aggravated sexual assault charge. Under the terms of his plea agreement, Tso will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court. 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.
Today, 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 the child. Tso further admitted that the child was under the age of 12 years at the time he victimized the child.
Tso 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 Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and is being 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/.
Roswell Man Pleads Guilty to Misdemeanor Charge for Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Eddie J. Vallejos, 55, of Roswell, N.M., entered a guilty plea this morning in federal court in Las Cruces, N.M., to a misdemeanor assault on a federal officer charge.
Vallejos was arrested in June 2013, on a criminal complaint alleging that he assaulted an officer of the Federal Protective Service who was on duty at the Joe Skeen Federal Building and U.S. Court House in Roswell. Vallejos subsequently was indicted and charged with a misdemeanor assault on a federal officer charge.
According to the criminal complaint, Vallejos assaulted the officer on June 4, 2013, after the officer sought to question Vallejos about a bag which appeared to contain illegal drugs that fell from Vallejos’ pocket as he emptied his pockets before walking through the security gate at the courthouse. While attempting to flee from the officer, Vallejos physically assaulted the officer by elbowing him in the chest and striking the officer with his knee so that the two men fell down. Vallejos then bit the officer’s hand and drew blood.
During today’s proceedings, Vallejos pled guilty to the indictment. Vallejos has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Vallejos faces a statutory maximum penalty of a year in prison.
The case was investigated by the Federal Protective Service of the U.S. Department of Homeland Security and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Justice Department Issues Joint Statement of Principles with City of Albuquerque, New Mexico, to Reform Albuquerque Police DepartmentRead the Press Release
ALBUQUERQUE – The Justice Department (DOJ) today announced it has signed a joint statement of principles with the City of Albuquerque, New Mexico, which reflects the good-faith intent of both sides to enter into a court-enforceable agreement to reform the Albuquerque Police Department (APD). The joint statement of principles publicly specifies the measures that DOJ and the City are undertaking in order to resolve the findings resulting from DOJ’s investigation into use of force by APD. On April 10, 2014, following an extensive investigation, DOJ found reasonable cause to believe that APD engages in a pattern or practice of use of excessive force, including unreasonable deadly force.
Following the release of the findings letter DOJ and the City each separately reached out to numerous stakeholders across Albuquerque to hear their ideas and concerns about the reform of APD. Attorneys and staff of the department have spoken to police officers, city officials, mental health service providers, advocacy organizations, individuals who have been personally affected by APD’s past conduct and other community members. DOJ has held dozens of meetings and met with hundreds of people across the city. Through these efforts, both sides have gained important insights into officers’ and the community’s concerns that will shape the final agreement. DOJ is encouraged by the feedback it has received and is committed to sustainable reforms that will ensure APD delivers services in a manner that respects the rights of residents, promotes mutual confidence between the police and the community and improves public and officer safety.
“This agreement marks an important step forward in addressing the unreasonable use of deadly force uncovered in our investigation into the Albuquerque Police Department,” said Attorney General Eric Holder. “The residents of Albuquerque depend on their police department to serve their community with honor and integrity. In the overwhelming majority of cases, our dedicated law enforcement officials – who put their lives on the line every day – do just that. But when misconduct does occur, we will never hesitate to act in order to secure the civil rights of everyone in this country. As a result of our ongoing action, I am confident that the Albuquerque Police Department will be able to correct troubling practices, restore public trust, and better protect its citizens against all threats and dangers – while providing the model of professionalism and fairness all Americans deserve.”
“We commend the city for engaging in good-faith negotiations to reach a court-enforceable agreement that will ensure sustainable reforms of APD,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “The joint statement of principles provides the community with our commitment to work expeditiously with the city to craft a durable agreement that will resolve our findings and will ensure that APD provides effective and constitutional policing to the people of Albuquerque.”
“Since the release of DOJ’s findings letter, we have asked for and received valuable ideas and insights from officers, members of the community, representatives of many organizations, and others who have a stake in the future of our community,” said U.S. Attorney Damon Martinez for the District of New Mexico. “We are thankful to everyone who has spoken to us. The anticipated final court-enforceable agreement, which we hope to enter into with the city of Albuquerque, is already stronger because of the input we have received.”
DOJ and the City have released the joint statement of principles to inform APD officers and the Albuquerque community that their concerns and ideas have been heard and that their ongoing participation will be critical to achieving sustainable reform. Specifically, the joint statement of principles announces that DOJ and the City expect to develop reforms in the eight areas outlined in the department’s findings letter: use of force policies, interactions with individuals with mental illness and other disabilities, tactical units, training, internal investigations and civilian complaints, management and supervision, recruitment and selection of officers, and community engagement and oversight. The joint statement of principles also indicates that the goal is to reach a court-enforceable agreement that will be overseen by an independent monitor. A copy of the complete joint statement of principles is attached.
During the negotiation process, DOJ remains interested in obtaining recommendations and information related to reforms from the public. DOJ continues to monitor the APD community hotline, which is available for both English and Spanish speakers, 1-855-544-5134 and the APD the APD community email address: [email protected].
DOJ’s full report on its investigation of APD and other related information can be found at the U.S. Attorney’s Office website http://www.justice.gov/usao/nm/APD.html and at DOJ’s website http://justice.gov/crt/about/spl/findsettle.php. For more information about the Civil Rights Division, please visit the http://www.justice.gov/crt/index.php.
Justice Department Issues Joint Statement of Principles with City of Albuquerque, New Mexico, to Reform Albuquerque Police DepartmentRead the Press Release
ALBUQUERQUE – The Justice Department (DOJ) today announced it has signed a joint statement of principles with the City of Albuquerque, New Mexico, which reflects the good-faith intent of both sides to enter into a court-enforceable agreement to reform the Albuquerque Police Department (APD). The joint statement of principles publicly specifies the measures that DOJ and the City are undertaking in order to resolve the findings resulting from DOJ’s investigation into use of force by APD. On April 10, 2014, following an extensive investigation, DOJ found reasonable cause to believe that APD engages in a pattern or practice of use of excessive force, including unreasonable deadly force.
Following the release of the findings letter DOJ and the City each separately reached out to numerous stakeholders across Albuquerque to hear their ideas and concerns about the reform of APD. Attorneys and staff of the department have spoken to police officers, city officials, mental health service providers, advocacy organizations, individuals who have been personally affected by APD’s past conduct and other community members. DOJ has held dozens of meetings and met with hundreds of people across the city. Through these efforts, both sides have gained important insights into officers’ and the community’s concerns that will shape the final agreement. DOJ is encouraged by the feedback it has received and is committed to sustainable reforms that will ensure APD delivers services in a manner that respects the rights of residents, promotes mutual confidence between the police and the community and improves public and officer safety.
“This agreement marks an important step forward in addressing the unreasonable use of deadly force uncovered in our investigation into the Albuquerque Police Department,” said Attorney General Eric Holder. “The residents of Albuquerque depend on their police department to serve their community with honor and integrity. In the overwhelming majority of cases, our dedicated law enforcement officials – who put their lives on the line every day – do just that. But when misconduct does occur, we will never hesitate to act in order to secure the civil rights of everyone in this country. As a result of our ongoing action, I am confident that the Albuquerque Police Department will be able to correct troubling practices, restore public trust, and better protect its citizens against all threats and dangers – while providing the model of professionalism and fairness all Americans deserve.”
“We commend the city for engaging in good-faith negotiations to reach a court-enforceable agreement that will ensure sustainable reforms of APD,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “The joint statement of principles provides the community with our commitment to work expeditiously with the city to craft a durable agreement that will resolve our findings and will ensure that APD provides effective and constitutional policing to the people of Albuquerque.”
“Since the release of DOJ’s findings letter, we have asked for and received valuable ideas and insights from officers, members of the community, representatives of many organizations, and others who have a stake in the future of our community,” said U.S. Attorney Damon Martinez for the District of New Mexico. “We are thankful to everyone who has spoken to us. The anticipated final court-enforceable agreement, which we hope to enter into with the city of Albuquerque, is already stronger because of the input we have received.”
DOJ and the City have released the joint statement of principles to inform APD officers and the Albuquerque community that their concerns and ideas have been heard and that their ongoing participation will be critical to achieving sustainable reform. Specifically, the joint statement of principles announces that DOJ and the City expect to develop reforms in the eight areas outlined in the department’s findings letter: use of force policies, interactions with individuals with mental illness and other disabilities, tactical units, training, internal investigations and civilian complaints, management and supervision, recruitment and selection of officers, and community engagement and oversight. The joint statement of principles also indicates that the goal is to reach a court-enforceable agreement that will be overseen by an independent monitor. A copy of the complete joint statement of principles is attached.
During the negotiation process, DOJ remains interested in obtaining recommendations and information related to reforms from the public. DOJ continues to monitor the APD community hotline, which is available for both English and Spanish speakers, 1-855-544-5134 and the APD the APD community email address: [email protected].
DOJ’s full report on its investigation of APD and other related information can be found at the U.S. Attorney’s Office website http://www.justice.gov/usao/nm/APD.html and at DOJ’s website http://justice.gov/crt/about/spl/findsettle.php. For more information about the Civil Rights Division, please visit the http://www.justice.gov/crt/index.php.
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Jicarilla Apache Man Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Robert Yazzie, Jr., 48, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty this morning to a federal assault charge arising out of a violent attack on his intimate partner.
Yazzie was arrested on May 27, 2014, on an indictment charging him with assault resulting in serious bodily injury. The indictment alleged that Yazzie assaulted the victim on May 17, 2013, and caused her to suffer serious bodily injury.
During today’s proceedings, Yazzie pled guilty to the indictment and admitted assaulting his intimate partner by hitting her in the face and head multiple times with a closed fist. Yazzie acknowledged that as a result, the victim sustained bilateral nasal bone fractures and hematomas to the head and face. The assault occurred within the Jicarilla Apache Nation.
Yazzie has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Yazzie faces a statutory maximum penalty of ten years in prison.
This case was investigated by the Jicarilla Apache Tribe Police Department and is being prosecuted by Special 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.
El Departamento De Justicia Da A Conocer Declaracion Conjunta De Principios Con La Ciudad De Albuquerque, Nuevo Mexico Para Reformar El Departamento De Policia De AlbuquerqueRead the Press Release
ALBUQUERQUE – El Departamento de Justicia (DOJ sus siglas en inglés), anunció hoy que el Departamento y la Ciudad de Albuquerque, N.M., han firmado una Declaración Conjunta de Principios, la cual refleja buena fe de ambas partes para entrar en un acuerdo, ejecutable en el tribunal, para reformar al Departamento de Policía de Albuquerque (APD sus siglas en inglés). La declaración conjunta de principios especifica públicamente las medidas que el DOJ y la ciudad estàn llevando a cabo para resolver los hallazgos que resultaron de la investigación que le hizo el DOJ al APD. El 10 de abril de 2014, después de una extensa investigación, el DOJ encontró causa razonable para creer que el APD utiliza un patrón de uso de fuerza excesivo, incluyendo la fuerza mortal irrazonable.
Dada a conocer la carta de hallazgos, el DOJ y la ciudad, cada uno independientemente, se pusieron en contacto con partes interesadas en Albuquerque para así escuchar sus ideas e inquietudes a cerca de la reforma del APD. Abogados y personal del DOJ han conversado con oficiales de policía, oficiales de la ciudad, proveedores de servicios de salud mental, organizaciones de defensores, individuos que han sido personalmente afectados por la conducta pasada del APD, y con otros miembros de la comunidad. El DOJ ha llevado a cabo docenas de reuniones y se ha reunido con cientos de personas a lo largo y ancho de la ciudad. A través estos esfuerzos, ambas partes han adquirido información importante sobre lo que preocupa a los oficiales y a la comunidad. Esta información moldearà el acuerdo final. El DOJ està motivado por la información que ha recibido y està comprometido a lograr reformas sostenibles que aseguraràn que APD prestarà servicios de tal forma que se respeten los derechos de los residentes, se promueva confianza mutua entre la policía y la comunidad, y que mejore la seguridad del público y de los oficiales.
“Este acuerdo marca un importante paso adelante para encarar el uso irrazonable de fuerza mortal descubierto durante nuestra investigación al Departamento de Policía de Albuquerque”, dijo Eric Holder, Fiscal General de los Estados Unidos. “Los residentes de Albuquerque dependen en su cuerpo policial para servir a su comunidad con honor e integridad. En la gran mayoría de los casos, nuestros dedicados oficiales de policía local, quienes a diario ponen sus vidas en peligro, hacen justamente eso. Pero cuando ocurre la conducta impropria en el ejercicio de la profesión, nunca vacilaremos en actuar para asegurar los derechos civiles de todos en este país. Como resultado de la acción en curso, me siento seguro de que el Departamento de Policía de Albuquerque podrà corregir estas pràcticas preocupantes, restaurar la confianza del público y proteger mejor a todos sus ciudadanos contra todas las amenazas y peligros – y, a la vez, proveer un modelo de profesionalismo y equidad que todos los americanos merecen”.
“Felicitamos a la ciudad por haberse comprometido a entrar en negociaciones de buena fe para lograr un acuerdo ejecutable en el tribunal, que asegurarà reformas sostenibles en el APD”, dijo Jocelyn Samuels, Procuradora General Auxiliar Interina de la División de Derechos Civiles. “La Declaración Conjunta de Principios demuestra a la comunidad nuestro compromiso de trabajar de una manera expedita con la ciudad para crear un acuerdo duradero el cual resolverà nuestros hallazgos del 10 de abril y asegurarà que el APD le proveerà a la gente de Albuquerque pràcticas policiales constitucionales y efectivas”.
“Desde que el DOJ dio a conocer su carta de hallazgos, hemos pedido y hemos recibido ideas valiosas e información de los oficiales, miembros de la comunidad, representantes de múltiples organizaciones y de otros que tienen interés en el futuro de nuestra comunidad”, dijo Damon P. Martínez, Procurador Federal por el Distrito de Nuevo México. “Agradecemos a todos aquellos que han hablado con nosotros. El esperado acuerdo ejecutable en el tribunal final, el cual esperamos poder lograr con la ciudad de Albuquerque, ya es màs fuerte debido a las aportaciones que hemos recibido”.
El DOJ y la ciudad han dado a conocer la Declaración Conjunta de Principios para así informarle a los oficiales de APD y a la comunidad de Albuquerque, que sus inquietudes e ideas han sido escuchadas y que su continuada participación es crucial para lograr una reforma sostenible. Específicamente, la Declaración Conjunta de Principios da a conocer que el DOJ y la ciudad esperan desarrollar reformas en las ocho àreas enumeradas en la carta de hallazgos del DOJ. El uso de políticas de fuerza, la interacción con individuos con enfermedad mental y otras discapacidades, unidades tàcticas, entrenamiento, investigaciones internas y quejas civiles, dirección y supervisión, reclutamiento y selección de oficiales y participación y supervisión comunitaria. La Declaración Conjunta de Principios, también indica que la meta es lograr un acuerdo que sea ejecutable ante el tribunal, que serà supervisado por un monitor independiente. Copia completa de la declaración conjunta de principios puede ser encontrada aquí. (Hyperlink).
Durante el proceso de negociación, el DOJ sigue interesado en obtener recomendaciones e información del público referente a las reformas. DOJ continúa monitoreando la línea directa comunitaria que està disponible en inglés y español, 1-855-544-5134 y el correo electrónico comunitario de APD en el [email protected].
El reporte completo de la investigación hecha por DOJ al APD, al igual que otra información relacionada puede ser encontrada en http://www.justice.gov/usao/nm/APD.html y http://justice.gov/crt/about/spl/findsettle.php. Para màs información sobre la División de Derechos Civiles, por favor visite www.justice.gov/crt.
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Statement of Principles
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Non-Native Taos County Man Pleads Guilty to Federal Involuntary Manslaughter Charge Arising out of the Death of Taos Pueblo ManRead the Press Release
ALBUQUERQUE – Jorden Medina, 54, a non-Native man who resides in El Prado, N.M., pleaded guilty this morning to a federal involuntary manslaughter charge.
Medina was arrested on Dec. 2, 2013, on a criminal complaint charging him with killing a 28-year-old Taos Pueblo man on Nov. 30, 2013. Medina subsequently was indicted on Dec. 17, 2013, and charged with second degree murder.During today’s plea hearing, Medina pleaded guilty to an information charging him with involuntary manslaughter and admitted shooting the victim at a gas station located in Taos Pueblo. In his plea agreement, Medina stated that he was putting fuel into his truck when the victim physically attacked him, knocking him to the ground. Medina responded to the attack by retrieving a pistol from his truck and firing a single bullet at the victim and killed him.
Medina is in federal custody and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Medina faces a statutory maximum penalty of eight years in prison followed by a term of supervised release to be determined by the court.
The case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services, with assistance from the Taos Pueblo Department of Public Safety, Town of Taos Police Department and the New Mexico State Police. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case.
Chinese National Pleads Guilty to Arms Export Control Act ViolationsRead the Press Release
ALBUQUERQUE – Bo Cai, 28, a Chinese national, pleaded guilty in the U.S. District Court for the District of New Mexico this afternoon to violating the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR) by scheming illegally to export defense articles with military application to the People’s Republic of China. The guilty plea was announced by Damon P. Martinez, U.S. Attorney for the District of New Mexico and Dennis A. Ulrich, II, Special Agent in Charge of Homeland Security Investigations (HSI) in El Paso, Texas.
Bo Cai entered a guilty plea to a three-count superseding indictment charging him and his cousin, Wentong Cai, 29, a Chinese national in the United States on a student Visa, with a scheme illegally to export sensors primarily manufactured for sale to the U.S. Department of Defense for use in high-level applications, such as line-of-sight stabilization and precision motion control systems. The Arms Export Control Act and the ITAR prohibit the export of defense-related materials from the United States without obtaining a license or written approval from the U.S. Department of State.
In announcing the guilty plea, U.S. Attorney Damon P. Martinez said, “It is a top priority for the Justice Department and the District of New Mexico to protect our national security and our technology from disclosure to foreign governments. This prosecution demonstrates the federal law enforcement community’s commitment to safeguarding our nation’s military secrets by keeping America’s critical technology from falling into the wrong hands.”
HSI Special Agent in Charge Dennis A. Ulrich, II, said, “One of HSI's highest priorities is to prevent illicit procurement networks from illegally obtaining U.S. military products, sensitive dual-use technology, weapons of mass destruction (WMD), or chemical, biological, radiological and nuclear materials. This investigation reflects the outstanding efforts of HSI and its partner agencies in protecting American ingenuity and sensitive military hardware. HSI will continue to aggressively investigate this type of crime and bring those individuals who pose a threat to the world's security to justice.”
In his plea agreement, Bo Cai admitted that from March 2012 to Dec. 2013, he conspired illegally to export sensors from the United States to China without first obtaining the required export license. According to the plea agreement, in March 2012, Bo Cai, who was then employed by a technology company in China, embarked on an illegal scheme to smuggle sensors out of the United States to China for one of his customers despite knowledge that the sensors could not be exported without a license and that the United States did not issue licenses to export the sensors to China. Bo Cai enlisted Wentong Cai to acquire the sensors under the ruse that he planned to use the sensors at Iowa State University where he was a graduate microbiology student.
Court filings indicate that the investigation of this case began in Oct. 2013, when an undercover HSI agent responded to Wentong Cai’s overtures. After negotiations by telephone and email, Bo Cai and Wentong Cai traveled to New Mexico in Dec. 2013, where they obtained a sensor from undercover HSI agents and developed a plan for smuggling the sensor out of the United States to China. On Dec. 11, 2013, Bo Cai was arrested at an airport in Los Angeles, Calif., as he was preparing to board a flight to China after the sensor was discovered concealed in a computer speaker in his luggage.
At sentencing, Bo Cai faces a statutory maximum penalty of 20 years in prison on the Arms Export Control Act charge, ten years in prison on the smuggling charge, and five years on the conspiracy charge. Under the terms of his plea agreement, Bo Cai will be deported after completing his prison sentence. He remains in custody pending his sentencing hearing, which has yet to be scheduled.
Wentong Cai was arrested in Iowa and was transferred to the District of New Mexico in Jan. 2014. He has entered a not guilty plea to the charges in the superseding indictment and remains in federal custody pending trial, which currently is scheduled to begin on Aug. 18, 2014. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The Albuquerque office of HSI led the investigation of this case with assistance from the U.S. Air Force Office of Special Investigations, the Defense Security Service, HSI in Iowa and Los Angeles, Calif., and the FBI. Iowa State University cooperated throughout with HSI’s investigation. Assistant U.S. Attorneys Dean S. Tuckman and Fred J. Federici of the District of New Mexico are prosecuting the case with assistance from Deputy Chief Deborah Curtis and Trial Attorney David Recker of the Justice Department’s National Security Division, Counterespionage Section, the U.S. Attorney’s Office for the Central District of California and the U.S. Attorney’s Office for the Southern District of Iowa.
Yah-Ta-Hay Man Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Allen Harragarra, 34, a member of the Navajo Nation who resides in Yah-Ta-Hay, N.M., pleaded guilty this morning to a felony information charging him with voluntary manslaughter.
Harragarra was arrested in Dec. 2013, on a complaint alleging that he killed a Navajo man on Dec. 2, 2013, on the grounds of a school in Tohatchi, N.M., which is located within the Navajo Indian Reservation. According to the complaint, Harragarra stabbed the victim in the neck during a physical altercation.
During today’s plea hearing, Harragarra pled guilty to voluntary manslaughter and admitted killing the victim on Dec. 2, 2013, by stabbing him in the neck. In his plea agreement, Harragarra said he stabbed the victim once in the neck while he was acting out of fear and in the heat of passion.
Under the terms of his plea agreement, Harragarra will be sentenced to a federal prison term within the range of 60 to 66 months followed by a term of supervised release to be determined by the court. Harragarra remains in custody pending his sentencing hearing, which has yet to be scheduled.
The case was investigated by the Albuquerque and Gallup offices of the FBI and the Crownpoint District of the Navajo Nation Division of Public Safety, and is being prosecuted by Special Assistant U.S. Attorney David Adams.
Former Police Officer from Oklahoma Sentenced to Federal Prison for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Robert Mullen, 61, a former officer with the Lawton, Okla., Police Department who relocated to Albuquerque, N.M. was sentenced to 65 months in federal prison for his conviction for distribution and possession of visual depictions of minors engaged in sexually explicit conduct. Mullen will be on supervised release for 15 years after completing his prison sentence and will be required to register as a sex offender.
Mullen was arrested on Dec. 17, 2013, by Special Agents of Homeland Security Investigations (HSI) on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct. On Jan. 15, 2014, Mullen was indicted and charged with distribution of child pornography and possession of child pornography. The indictment alleged that Mullen committed these two offenses between Aug. 2013 and Dec. 2013, in Bernalillo County, N.M. On March 26, 2014, Mullen entered a guilty plea to both counts of the indictment without the benefit of a plea agreement.
According to court filings, in Aug. 2013, a special agent with the New Mexico Attorney General’s Office (NMAGO) identified an IP address that was being used to share files containing child pornography while conducting an investigation targeting those who share child pornography on peer-to-peer file sharing networks. Subsequent investigation revealed that the IP address was subscribed to Mullen at a residential address in the west side of Albuquerque.On Dec. 11, 2013, HSI, the Albuquerque Police Department (APD) and other agencies participating in the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a state search warrant at the residence and seized a computer and computer-related media. A preliminary forensic examination of a computer taken from a bedroom used by Mullen recovered images and videos consistent with child pornography.
This case was investigated by the Albuquerque office of HSI, the NMAGO, APD and other agencies affiliated with the New Mexico ICAC Task Force. The case was prosecuted by Assistant U.S. Attorneys Marisa A. Lizarraga and Jacob A. Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 74 federal, state and local law enforcement agencies associated with the 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.
Shiprock Woman Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Angela Sloane, 30, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty today to an indictment charging her with child abuse.
Sloane was arrested in May 2014, on a criminal complaint alleging that on May 9, 2014, she endangered the lives and safety of two children, a nine-month-old infant and a nine-year-old child, by driving under the influence of alcohol while the children were unrestrained in the back seat of her vehicle. The children did not suffer seriously bodily injury when Sloane crashed the vehicle into a wooden fence and a parked vehicle. She subsequently was indicted and charged committing child abuse by placing the children in a situation that may have endangered their lives or health.
In entering her guilty plea, Sloane admitted driving under the influence of alcohol, with a blood alcohol content of .23, and losing control of the vehicle in which the two children were unrestrained passengers. Sloane admitted placing the children in a situation that endangered their lives by crashing into fencing and a parked vehicle.
At sentencing, Sloane faces a maximum statutory penalty of three years in federal prison. Her sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Special Assistant U.S. Attorney David Adams.
Shiprock Man Pleads Guilty to Firearms and Stalking Charges Arising from Threats Against Former Intimate Partner and her New BoyfriendRead the Press Release
ALBUQUERQUE – Peterson Yazzie, 34, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty today to a two-count felony information charging him with discharging a firearm during a crime of violence and stalking. Under the terms of the plea agreement, Yazzie will be sentenced to eleven years in federal prison followed by a term of supervised release to be determined by the court.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, 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.
Yazzie was arrested on April 24, 2014, on a criminal complaint alleging that he stalked his former intimate partner, a Navajo woman, by leaving numerous threatening messages in her cellphone voicemail box on April 12, 2014. In some of the messages, Yazzie threatened to shoot the victim and her new boyfriend. The criminal complaint also alleged that Yazzie assaulted the victim’s new boyfriend on April 12, 2014, by firing multiple shots at a vehicle the boyfriend was driving.
During today’s proceedings, Yazzie pled guilty to the two-count felony information. In his plea agreement, Yazzie admitted stalking his former intimate partner on April 12, 2014 by leaving messages on her cellphone voicemail box including one in which he threatened to “put a bullet in her head,” causing the victim to fear that death or seriously bodily injury would occur. Yazzie also admitted that April 12, 2014, he committed a crime of violence by using a rifle to shoot at a vehicle driven by the second victim. Yazzie acknowledged committing both crimes within Navajo Indian Reservation.
Under the terms of his plea agreement, Yazzie will be sentenced to ten years in federal prison on the firearms charge and one year in prison on the stalking charge. The two sentences will be served consecutive to each other for an aggregate sentence of eleven years in prison. Yazzie 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 Farmington Office of the FBI and Shiprock office of the Navajo Nation Division of Public Safety, and is being prosecuted by Special 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.
San Miguel County Man Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Guy N. Martinez, 22, of Las Vegas, N.M., was arrested by the FBI on July 18, 2014, on federal child pornography charges. Martinez made his initial appearance in federal court earlier today, and remains in custody pending a detention hearing scheduled for tomorrow morning.
Martinez is charged in a criminal complaint with possessing, receiving and distributing visual depictions of minors engaged in sexually explicit conduct. According to the criminal complaint, the FBI initiated the investigation leading to Martinez’s arrest after receiving a lead from Queensland Police Service (QPS) in Brisbane, Australia. Following the arrest of an Australian citizen in March 2012, on child pornography charges, the QPS identified more than 100 United States-based email accounts that allegedly had been used to send, receive or discuss child pornography with the Australian citizen. Investigation by the FBI revealed that one of those email accounts was subscribed to Martinez.
The FBI’s investigation revealed that Martinez had two email accounts that allegedly had been used to receive and distribute more than 1,000 images consistent with child pornography. On July 18, 2014, the FBI executed a search warrant at Martinez’s residence in Las Vegas, N.M. They arrested Martinez while executing the search warrant.
If convicted of the charges in the criminal complaint, Martinez faces a federal prison term of not less than five years and not more than 20 years. Martinez also would be required to register as a sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Santa Fe office of the FBI and the New Mexico State Police with assistance from the QPS. The case is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico 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.
Churchrock, N.M., Man Pleads Guilty to Federal Second Degree Murder ChargeRead the Press Release
ALBUQUERQUE – Kevin Martinez, 21, an enrolled member of the Navajo Nation who resides in Churchrock, N.M., pleaded guilty today to a second degree murder charge. Under the terms of his plea agreement, Martinez will be sentenced to 108 months in federal prison followed by a term of supervised release to be determined by the court.
Martinez was arrested on March 20, 2014, on a criminal complaint charging him with killing a 45-year-old Navajo man on March 5, 2014, in a location within the Navajo Indian Reservation. Martinez subsequently was indicted on April 9, 2014, and charged with second degree murder.According to court filings, Martinez killed the victim in a secluded location outside of Gallup, N.M., on the evening of March 5, 2014. Martinez was arrested after officers learned that he was driving the victim’s vehicle after the victim had been reported missing. During a custodial interview, Martinez admitted killing the victim and led law enforcement officers to the area where he had concealed the victim’s body. According to autopsy results, the victim died as a result of multiple sharp force and blunt force trauma, including a large incised sharp force trauma to the neck that severed the victim’s jugular vein.
During today’s plea hearing, Martinez pled guilty to the indictment and admitted killing the victim on March 5, 2014. According to the plea agreement, Martinez became acquainted with the victim through an Internet website and met the victim in Gallup on March 5, 2014. Martinez and the victim then drove in the victim’s vehicle to a secluded area. There, Martinez became enraged and pushed the victim when the victim ridiculed him. The victim responded by retrieving a knife and threatened Martinez with it, but Martinez was able to take the knife from the victim. During a physical altercation that ensued, Martinez killed the victim by hitting him in the head with a large piece of wood and repeatedly stabbing him with the knife.
Martinez 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 Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, with assistance from the McKinley County Sheriff’s Office and the New Mexico State Police. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.
Czech National Pleads Guilty to Federal Misdemeanor Charge for Impeding Border Patrol AgentRead the Press Release
ALBUQUERQUE – Andrej Gecik, 54, a citizen of the Czech Republic with legal permanent resident status in the United States who resides in San Diego, Calif., entered a guilty plea yesterday afternoon in Las Cruces federal court to a misdemeanor charge of impeding a federal officer.
Gecik was arrested on Jan. 22, 2014, on a criminal complaint alleging that he assaulted, impeded and resisted a U.S. Border Patrol agent at the U.S. Border Patrol checkpoint on Highway 70, west of Alamogordo, N.M. Gecik subsequently was indicted and charged with assaulting, impeding and arresting a federal officer. According to the criminal complaint, Gecik impeded a Border Patrol agent who was engaged in his official duties on Jan. 22, 2014, when the agent attempted to question him about his immigration status. The criminal complaint states that Gecik tried to push the agent off of the step of his semi-truck and crushed the agent’s fingers in the truck door. It states that when the agent opened the truck’s door, Gecik struck the agent in the chest with his elbow.
During today’s proceedings, Gecik pled guilty to the indictment and admitted resisting and impeding a federal officer who was engaged in his official duties by refusing to comply with the agent’s directive that he pull into a secondary inspection area to answer questions about his immigration status. At sentencing, which has yet to be scheduled, Gecik faces a statutory maximum penalty of a year in prison.
The case was investigated by the Las Cruces office of the FBI and the U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.
Three Las Cruces Residents Plead Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Three residents of Las Cruces, N.M., have pleaded guilty to methamphetamine trafficking charges in federal court. Jennifer Sanders, 42, entered a guilty plea this morning and Jose Luis Niño, 40, pleaded guilty on July 16, 2014. Their co-defendant, Aubrey Savage, 34, entered her guilty plea on June 11, 2014.
Sanders, Niño and Savage and co-defendants Matthew Maley, 47, and Candice Marie Carpenter, 35, both of Tucson, Az., are charged in a 14-count superseding indictment filed on March 19, 2014. Count 1 of the superseding indictment charges Sanders, Savage and Maley with conspiracy to distribute methamphetamine in Doña Ana County, N.M., from June 2013 through Aug. 2013. Count 11 charges Maley, Nino and Carpenter with conspiracy to distribute methamphetamine in Doña Ana County in Dec. 2013. The defendants are charged with substantive methamphetamine distribution offenses as follows: Savage is charged in Counts 2 and 3; Sanders and Savage are charged in Counts 4 through 8; and Counts 9 and 10 charge Sanders and Maley with distributing methamphetamine. Count 12 charges Maley, Niño and Carpenter with distributing methamphetamine. Counts 13 and 14 charge Niño and Maley, respectively, with being felons in possession of firearms and ammunition.
According to court filings, Maley was the head of a drug trafficking organization involved in trafficking significant quantities of methamphetamine in New Mexico and Arizona. During July and Aug. 2013, undercover officers allegedly made several controlled purchases of methamphetamine from Maley, Sanders and Savage, including the purchase of a pound of methamphetamine on Aug. 21, 2013. From Oct. through Dec. 2013, an informant purchased methamphetamine from Niño, who allegedly obtained the methamphetamine from Maley. On Dec. 4, 2013, officers seized approximately 274 grams of methamphetamine when they executed a search warrant at Niño’s residence in Las Cruces.
Today, Sanders pleaded guilty to one count of conspiracy and seven counts of distribution of methamphetamine, and Sanders admitted selling methamphetamine to a person who turned out to be an undercover officer on seven separate occasions between June 12, 2013 and Aug. 21, 2013. She acknowledged that the quantities of methamphetamine involved in the sales ranged from 5.4 grams in the first transaction to more than 250 grams in the last two transactions. Sanders remains in custody pending her sentencing hearing which has yet to be scheduled. At sentencing, Sanders faces a mandatory minimum of ten years in prison and a maximum of life in prison.
Niño pleaded guilty on Wednesday to one count of conspiracy, one count of possession of methamphetamine with intent to distribute, and one count of being a felon in possession of ammunition. In his plea agreement, Niño admitted possessing 274 grams of methamphetamine with intent to distribute in his home on Dec. 4, 2013. He also admitted unlawfully possessing 30 rounds of ammunition on that day. Niño was prohibited from possessing firearms or ammunition because he previously had been convicted of a felony drug trafficking offense. Niño remains in custody pending his sentencing hearing which has yet to be scheduled. Like Sanders, Niño faces a mandatory minimum of ten years in prison and a maximum of life in prison.
Savage pled guilty to a conspiracy count on June 11, 2014. In her plea agreement, Savage admitted distributing methamphetamine on seven separate occasions between June 7, 2013 and July 11, 2013. The quantities involved in those transactions ranged from .97 grams to 97.3 grams. Savage faces a mandatory minimum of five years in prison and a maximum of 40 years in prison when she is sentenced. She, too, remains in custody pending her sentencing date.
Maley has entered a not guilty plea and remains in custody pending trial. Carpenter was arrested on July 17, 2014 and is in custody pending arraignment and a detention hearing next week. Allegations in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the FBI and Las Cruces/ Doña Ana County Metro Narcotics Agency, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Navajo, N.M., Man Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Mervin Ervin Charley, 33, an enrolled member of the Navajo Nation who resides in Navajo, N.M., pleaded guilty this morning to a voluntary manslaughter charge. Under the terms of the plea agreement, Charley will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.
Charley was arrested on Jan. 21, 2014, based 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.
Today, 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.
Charley 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 Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Shiprock Woman Pleads Guilty to Federal Involuntary Manslaughter and Assault ChargesRead the Press Release
ALBUQUERQUE – Samantha Deal, 29, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty today to an indictment charging her with involuntary manslaughter and assault charges. Deal entered her guilty plea without the benefit of a plea agreement.
Deal was arrested on July 17, 2013, based on an indictment charging her with one count of involuntary manslaughter and two counts of assault resulting in serious bodily injury. According to the indictment, Deal was driving while under the influence of alcohol in San Juan County on Feb. 4, 2013, when she killed a woman and seriously injured two other individuals.
At sentencing, Deal faces a maximum penalty of eight years in federal prison on the involuntary manslaughter charge and a maximum penalty of ten years in prison for each of the two assault charges. Her sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI, the Shiprock office of the Navajo Nation Division of Public Safety and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Former MDC Corrections Officer Faces Federal Drug Trafficking ChargeRead the Press Release
ALBUQUERQUE – Lucas Segura, 22, of Los Lunas, N.M., made his initial appearance in federal court in Albuquerque, N.M., this morning on an indictment charging him with a heroin trafficking offense. Segura remains custody pending a detention hearing scheduled for July 18, 2014.
The indictment alleges that Segura unlawfully possessed heroin with intent to distribute in Bernalillo County, N.M., on April 1, 2014. At the time of the offense charged, Segura was a corrections officer at the Bernalillo County Metropolitan Detention Center (MDC).
According to state court filings, Segura was arrested on April 1, 2014, on related state charges of trafficking controlled substances, bringing contraband into a jail, and conspiracy. Segura was on conditions of release from the state charges when he surrendered himself to the FBI earlier today.
If convicted on the offense charged in the federal indictment, Segura faces a maximum statutory penalty of twenty years in federal prison. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office, and MDC’s Threat Security Group with assistance from the 2nd Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Reeve L. Swainston.
Laguna Pueblo Man Sentenced to Federal Prison for Assaulting his Intimate Partner by StrangulationRead the Press Release
ALBUQUERQUE – Brian Dyea, 28, was sentenced today to 24 months in prison followed by two years of supervised release for assaulting his intimate partner by strangulation. Dyea also was ordered to pay a $2,000.00 fine and to undergo domestic violence treatment.
The sentence was announced by U.S. Attorney Damon P. Martinez, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Acting Chief Brian Carr of the Pueblo of Laguna Tribal Police Department.
Dyea, a member of the Pueblo of Laguna who resides in Mesita, N.M., was arrested on Jan 21, 2014, on a criminal complaint alleging that he assaulted his intimate partner, a Laguna Pueblo woman, by strangling and biting her. Dyea subsequently was indicted and charged with assaulting his intimate partner by strangulation on Jan. 12, 2014 in a location within the Pueblo of Laguna.
Dyea entered a guilty plea on March 24, 2014, and admitted assaulting the victim on Jan. 12, 2014, by biting her and strangling her, by placing his hands around her neck and impeding her normal breathing. Dyea acknowledged that the victim suffered contusions to her forehead and foot, three bite-marks to her left hand and forearm, a wrist sprain, and a head injury with the loss of consciousness as a result of the assault.
This case was investigated by the Laguna Agency of BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department, and is being prosecuted by Special 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.
Albuquerque Man Sentenced to Ten Years for Robbing Wells Fargo Bank Branch at Gunpoint in September 2013Read the Press Release
ALBUQUERQUE – Mariano H. Herrera, 59, of Albuquerque, N.M., was sentenced today to 121 months in federal prison followed by five years of supervised release for his conviction on armed bank robbery and firearms charges.
Herrera was arrested on Sept. 20, 2013, and charged in a criminal complaint with armed bank robbery. Herrera was indicted in Oct. 2013, and charged with armed bank robbery and using a firearm in relation to a crime of violence. Herrera pleaded guilty on Jan. 28, 2014, to the indictment without the benefit of a plea agreement. In entering his guilty plea, Herrera admitted robbing the Wells Fargo Bank branch located on 3401 Coors Blvd. NW, in Albuquerque at gunpoint on Sept. 20, 2013.
Court filings reflect that on Sept. 20, 2013, a man wearing a ski mask entered the bank and drew a handgun from his pants. The masked man brandished the handgun at two bank tellers and demanded that they give him all their money. After the two tellers handed currency to the robber, he left the bank on foot and ran around the building where he got into a pickup truck. Two bank customers, who followed the robber and watched him get into the truck, called “911” and provided the truck’s license plate number.
Deputies of the Bernalillo County Sheriff’s Office proceeded to Herrera’s residence, which was listed as the address for the registered owner of the truck. The deputies arrested Herrera after one of the bank customers positively identified him as the bank robber having seen Herrera’s face as he pulled off the ski mask as he drove away from bank. Herrera then led the deputies to a toolbox that contained Herrera’s handgun and almost all the money Herrera stole from the bank.
This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Norman Cairns.
Shiprock Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Thomas Navaho, 21, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.
Navaho was arrested on March 4, 2014, on a criminal complaint charging him with assault and subsequently was charged in a two-count indictment with assault resulting in serious bodily injury and assault with a dangerous weapon. According to court filings, Navaho assaulted the victim, another Navajo man, on Feb. 22, 2014, at a location within the Navajo Indian Reservation.
During today’s hearing, Navaho entered a guilty plea to Count 1 of the indictment charging him with assault resulting in serious bodily injury. Navaho admitted that on Feb. 22, 2014, he initiated the assault by choking the victim while he was asleep. Navaho continued his assault on the victim during a physical altercation, during which the victim sustained injuries that required medical attention.
Navaho has been in federal custody since his arrest and remains detained pending his sentencing hearing. At sentencing, Navaho faces a maximum penalty of ten years in prison when he is sentenced, which has yet to be scheduled.
This case was investigated by the Farmington Office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Former U.S. Postal Service Employee from Silver City Sentenced to Probation for Falsefying Postal RecordsRead the Press Release
ALBUQUERQUE – Gabriel Arsola, 40, of Silver City, N.M., was sentenced today to three years of probation for making false and fictitious entries on U.S. Postal Service forms. Arsola also was ordered to pay $10,834.68 in restitution to the U.S. Postal Service.
Arsola was indicted in Dec. 2013, and charged with 56 counts of making false entries and reports on U.S. Postal Service forms in order to conceal a scheme to defraud the U.S. Postal Service. According to the indictment, between Aug. 20, 2012 and Dec. 7, 2012, Arsola made false and fictitious entries on the forms regarding the value of the postage stamps and bubble-wrap sold at the Silver City Post Office to understate the amount of funds received by the Post Office. During that time period, Arsola was employed as a sales and service associate at the Silver City Post Office.
On April 15, 2014, Arsola pled guilty to Count 1 of the indictment and admitted to the full scope of criminal conduct charged in the 56-count indictment as well as other criminal conduct. In his plea agreement, Arsola admitted that between July 2011 and Dec. 2012, he falsified postal records to conceal that he was stealing money from the U.S. Postal Service. Arsola admitted selling full books of stamps to customers but only scanning single stamps and recording the sale of single stamp transactions. In his plea agreement, Arsola agreed to pay restitution in the amount of $10,834.68 to the U.S. Postal Service.
This case was investigated by the U.S. Postal Service, Office of Inspector General, and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Rio Rancho Man Faces Federal Charges for Unlawful Firearms Possession and Drunk Driving in Santa Fe National ForestRead the Press Release
ALBUQUERQUE – Paul Henry Ortega, 45, of Rio Rancho, N.M., made his initial appearance in federal court this morning on an indictment charging him with being a felon in possession of a firearm and driving while intoxicated. Ortega remains in federal custody pending arraignment and a detention hearing which have yet to be scheduled.
The indictment, which was filed on March 26, 2014, alleges that Ortega unlawfully possessed a firearm and ammunition on Aug. 5, 2012, in Rio Arriba County, N.M. At the time, Ortega was prohibited from possessing firearms or ammunition because he previously had been convicted of a felony offense. It also charges Ortega with the misdemeanor offense of driving while intoxicated. According to the indictment, Ortega allegedly drove a vehicle in the Santa Fe National Forest on Aug. 5, 2012, while under the influence of intoxicating liquor.
Ortega was arrested yesterday on an arrest warrant that issued when he failed to comply with a summons to appear in court on arraignment on the indictment.
If convicted, Ortega faces a maximum sentence of ten years in prison on the firearms charge and up to a year in prison on the driving while intoxicated charges. The charges against Ortega are merely accusations and he is presumed innocent unless found guilty beyond a reasonable doubt.
Special Agent in Charge Robin L. Poague of the Southwestern Region of the U.S. Forest Service said, “Federal regulations authorize Forest Service officials to enter orders permitting Forest Service officers to issue federal violation notices for violations of the state motor vehicle code on National Forest System lands and roads. This ensures consistent enforcement of the motor vehicle code throughout the state and across agencies. The prosecution of Ortega on DUI charges was initiated pursuant to this authority.”
This case was investigated by the U.S. Forest Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Mexico State Police and the New Mexico Game & Fish and is being prosecuted by the U.S. Attorney’s Office.
Rio Arriba County Company Settles Civil Lawsuit Alleging Illegal Mining in Santa Fe National ForestRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that Copar Pumice Company, Inc., a mining company with a principal place of business in Rio Arriba County, N.M., and the owners of Copar and its affiliated companies (Copar), have paid $2.25 million to the U.S. Government to settle a civil lawsuit alleging the unauthorized mining and removal of pumice from El Cajete Mine on the Jemez National Recreational Area of the Santa Fe National Forest. The settlement agreement also requires that Copar relinquish all rights to its mining claims within the Jemez National Recreation Area and bars Copar from bidding on mineral material sales or purchasing mineral materials from the U.S.D.A. Forest Service.
The settlement agreement resolves a lawsuit filed by the Justice Department in 2009, on behalf of the U.S. Department of Agriculture, Forest Service, against Copar and owners Richard P. Cook, Shirley A. Cook, Debbie Cantrup, and Kelly Armstrong. According to court filings, federal laws limit the types of mining activities allowed in the Jemez National Recreation Area to protect unique resource and recreational values. Copar was authorized to remove larger-sized pumice, solely for its value and use in the stonewash laundry industry. Copar abused its mining privileges by crushing pumice and removing undersized pumice from the El Cajete Mine, and selling it for uses outside the laundry industry. When Copar refused to comply with the Forest Service’s notices to cease the unlawful practice, the Justice Department filed suit alleging that Copar had trespassed on National Forest System lands by exceeding the limits of their mining authorization.
After years of legal proceedings in the case, the Justice Department and Copar executed a settlement agreement at the end of May, 2014, resolving all of the claims in the lawsuit as well as claims in several related cases. Copar tendered the $2.25 million lump sum settlement payment in late June 2014, and yesterday the parties filed a stipulation of dismissal formally ending the litigation.
U.S. Attorney Damon P. Martinez commended the work of Assistant U.S. Attorney Ruth F. Keegan, Trial Attorneys Andrew A. Smith and Dominika N. Tarczynska of the Environmental and Natural Resources Division of the U.S. Department of Justice, and Attorney Advisor Steve Hattenbach of the Office of General Counsel of the U.S. Department of Agriculture, who litigated this case on behalf of the United States.
Laguna Pueblo Man Sentenced for Assaulting a Federally Deputized Tribal Police OfficerRead the Press Release
ALBUQUERQUE –Gregory Allen Bahe, 30, a member and resident of Laguna Pueblo, was sentenced today to eight months and six days in federal prison followed by two years of supervised release for his conviction for assaulting a federal officer. Bahe already has served 122 days in federal custody on a tribal probation violation, for an aggregate of twelve months in federal custody.
Bahe was arrested on Sept. 19, 2013, pursuant to a criminal complaint alleging that he assaulted a tribal police officer who holds a Special Law Enforcement Commission from the BIA. Bahe subsequently was indicted and charged with two counts of assaulting a federal officer.
According to court filings, Bahe assaulted an officer of the Laguna Pueblo Tribal Police Department on Sept. 12, 2013, when the officer responded to a call from Bahe requesting police assistance at a residence located in Laguna Pueblo in Cibola County, N.M. When the officer was restraining Bahe for officer safety reasons, Bahe assaulted the officer by spitting at the officers on the face and head-butting the officer on the face.
On April 8, 2014, Bahe pleaded guilty to Count 1 of the indictment and admitted assaulting a federal officer who was engaged in the performance of his official duty.
The case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Laguna Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Navajo Man Receives Eighteen Month Prison Sentence for Violating Sex Offender Registration and Notification ActRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that Copar Pumice Company, Inc., a mining company with a principal place of business in Rio Arriba County, N.M., and the owners of Copar and its affiliated companies (Copar), have paid $2.25 million to the U.S. Government to settle a civil lawsuit alleging the unauthorized mining and removal of pumice from El Cajete Mine on the Jemez National Recreational Area of the Santa Fe National Forest. The settlement agreement also requires that Copar relinquish all rights to its mining claims within the Jemez National Recreation Area and bars Copar from bidding on mineral material sales or purchasing mineral materials from the U.S.D.A. Forest Service.
The settlement agreement resolves a lawsuit filed by the Justice Department in 2009, on behalf of the U.S. Department of Agriculture, Forest Service, against Copar and owners Richard P. Cook, Shirley A. Cook, Debbie Cantrup, and Kelly Armstrong. According to court filings, federal laws limit the types of mining activities allowed in the Jemez National Recreation Area to protect unique resource and recreational values. Copar was authorized to remove larger-sized pumice, solely for its value and use in the stonewash laundry industry. Copar abused its mining privileges by crushing pumice and removing undersized pumice from the El Cajete Mine, and selling it for uses outside the laundry industry. When Copar refused to comply with the Forest Service’s notices to cease the unlawful practice, the Justice Department filed suit alleging that Copar had trespassed on National Forest System lands by exceeding the limits of their mining authorization.
After years of legal proceedings in the case, the Justice Department and Copar executed a settlement agreement at the end of May, 2014, resolving all of the claims in the lawsuit as well as claims in several related cases. Copar tendered the $2.25 million lump sum settlement payment in late June 2014, and yesterday the parties filed a stipulation of dismissal formally ending the litigation.
U.S. Attorney Damon P. Martinez commended the work of Assistant U.S. Attorney Ruth F. Keegan, Trial Attorneys Andrew A. Smith and Dominika N. Tarczynska of the Environmental and Natural Resources Division of the U.S. Department of Justice, and Attorney Advisor Steve Hattenbach of the Office of General Counsel of the U.S. Department of Agriculture, who litigated this case on behalf of the United States.
Mescalero Apache Man Sentenced to Federal Prison for Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – James Darius Caje, 21, was sentenced today in Las Cruces federal court to 56 months and 25 days in federal prison followed by five years of supervised release for his conviction on a sexual abuse charge. Caje will be required to register as a sex offender after he completes his prison sentence.
Caje, a member and resident of the Mescalero Apache Nation, was arrested in March 2013, on a criminal complaint alleging that he sexually abused a Mescalero Apache woman on July 27, 2012, at a location within the Mescalero Apache Reservation. Caje was in tribal custody on related tribal charges when he was arrested.
In Aug. 2013, Caje was indicted and charged with sexually abusing a victim who was incapable of declining to participate in a sexual act. On Sept. 9, 2014, Caje pled guilty to the indictment and admitted sexually abusing the victim while she was lapsing in and out of consciousness.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was 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.
Laguna Pueblo Man Pleads Guilty to Attempted Robbery at Sky City CasinoRead the Press Release
ALBUQUERQUE – Steven Paul Tharpe, 51, a member and resident of the Laguna Pueblo, pleaded guilty this morning to an attempted robbery charge. Under the terms of the plea agreement, Tharpe will be sentenced to 24 months in federal prison followed by a term of supervised release to be determined by the court.
Tharpe was arrested on May 15, 2014, based on an indictment charging him with attempted robbery. According to the indictment, on July 21, 2012, Tharpe attempted to commit a robbery in Indian Country in Cibola County, N.M.
During today’s proceedings, Tharpe entered a guilty plea to the indictment and admitted that he attempted to rob the Sky City Casino, which is located in Acoma Pueblo, on July 21, 2012. In his plea agreement, Tharpe admitted that he attempted to rob the Casino by displaying a BB gun to a teller in a cashier’s cage at the Casino and demanding money.
Tharpe has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.Federal Jury Finds Artesia Woman Guilty on Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Yesterday a federal jury sitting in Las Cruces, N.M., returned a verdict finding Genevieve Hernandez, 36, of Artesia, N.M., guilty on methamphetamine trafficking charges after a two-day trial. The jury’s verdict was announced by U.S. Attorney Damon P. Martinez, Will R. Glaspy, Special Agent in Charge of the El Paso Division of the DEA, and Commander James McCormick of the Pecos Valley Drug Task Force.
Hernandez and her co-defendant, Mickah Chavez, 21, also of Artesia, were indicted in Jan. 2014, and charged with conspiracy to distribute methamphetamine. Hernandez and Chavez each also was charged with a count of distribution of methamphetamine. The indictment charged the two with conspiring to distribute and distributing more than five grams of methamphetamine on Feb. 22, 2012, in Eddy County, N.M.
Chavez, who was arrested in Jan. 2014, entered a guilty plea to the two methamphetamine trafficking charges against him on March 14, 2014. He was sentenced to 24 months in federal prison on July 1, 2014. Hernandez, who was arrested in Feb. 2014, chose to exercise her right to a jury trial.
The trial against Hernandez began on July 7, 2014, and concluded yesterday when the jury returned a guilty verdict against Hernandez on the two methamphetamine trafficking charges in the indictment. The trial evidence established that on Feb. 22, 2012, an undercover agent who was posing as a drug dealer arranged to purchase a half ounce of methamphetamine from Chavez in Artesia. After negotiating an $800 price for the methamphetamine, Chavez left the area and returned accompanied by a vehicle driven by Hernandez. After Chavez obtained the $800 from the undercover agent, he went to the vehicle and got the methamphetamine from Hernandez. Chavez then delivered the methamphetamine to the undercover agent. In Aug. 2012, agents interviewed Hernandez and inquired about the methamphetamine transaction that occurred on Feb. 22, 2012. During the interview, Hernandez admitted knowledge of the drug deal.
Hernandez has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled. At sentencing, Hernandez faces a mandatory minimum sentence of ten years in prison. Hernandez faces this enhanced sentence because she previously has been convicted of a narcotics trafficking crime.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, the Artesia Police Department and the Carlsbad Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.Mescalero Apache Woman Pleads Guilty to Federal Assault Charges Arising out of Drive-By ShootingRead the Press Release
ALBUQUERQUE – Julianna Rosynelle Venego, 28, a member and resident of the Mescalero Apache Nation, pleaded guilty this afternoon to two federal assault charges under a plea agreement with the U.S. Attorney’s Office.
Venego and her brother Rufus Juan Lester, 22, were arrested in July 2013, based on a criminal complaint alleging assault with dangerous weapons charges. In Oct. 2013, Venego was indicted on two counts of aiding and abetting assaults with dangerous weapons. Lester was indicted in a separate case in Nov. 2013 and charged with eight counts of assault with a dangerous weapon and one count of discharging a firearm during and in relation to a crime of violence. According to court filings, Venego and Lester committed the offenses charged in the two cases on Nov. 24, 2012, when Venego drove a vehicle in which Lester was a passenger while Lester used two firearms to fire eight shots at a residence located within the Mescalero Apache Reservation.
During today’s proceedings, Venego entered a guilty plea to both counts in the indictment and admitted driving Lester past a residence while he used two firearms to shoot at the residence. She acknowledged that the residence was occupied by two adults and six children during the drive-by shooting.
Venego was remanded into federal custody after entering her guilty plea and will remain detained pending her sentencing hearing, which has yet to be scheduled. At sentencing, Venego faces a statutory maximum penalty of ten years in prison.
Lester entered a guilty plea on May 16, 2014, to all eight of the assault charges in the indictment against him, and admitted assaulting the eight individuals who were in the residence when he fired shots at the residence. Lester 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, Lester will be sentenced to 66 months in federal prison followed by a term of supervised release to be determined by the court.
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.Former Executive Director of Gallup Housing Authority Pleads Guilty to Federal Fraud and Theft ChargesRead the Press Release
ALBUQUERQUE – Two men from Gallup, N.M., pleaded guilty today to federal charges arising out of a scheme to defraud the United States and the U.S. Department of Housing and Urban Development (HUD) of more than $100,000. The guilty pleas were announced by U.S. Attorney Damon P. Martinez, Phyllis Robinson, Special Agent in Charge of Region 6, HUD Office of Inspector General, and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.
The defendants, Danny Garcia, 38, and Michael Virruso, 61, were indicted in Aug. 2013, on one count of conspiracy and eight counts of making false claims against the United States. Garcia also was charged with three counts of theft from programs receiving federal funds.
According to the indictment, between June 2010 and Oct. 2012, Garcia and Virruso engaged in a scheme to steal federal funds provided by HUD to the Gallup Housing Authority (GHA). HUD is a federal agency whose core mission is to make quality, affordable housing accessible to all Americans. HUD oversees and funds programs designed to provide affordable housing for low-income Americans. One such program, the Capital Fund Program (CFP), provides grants to public housing agencies for the purpose of making improvements to public housing developments. GHA is a public housing agency that receives approximately $400,000 in CFP grants each year and Garcia was the Executive Director of GHA at the time of the offenses charged in the indictment.
As Executive Director of GHA, Garcia was responsible for selecting contractors to carry out GHA projects, reviewing and approving invoices payable by GHA, and requesting HUD funds to pay for GHA projects. According to the indictment, in summer 2010, Garcia awarded a contract to remove and replace sidewalks in a GHA housing development to a construction company that employed Virruso and appointed Virruso to act as safety inspector. While working on the project, Virruso submitted invoices to GHA for work performed by the company and for which the company received payment. Garcia used GHA funds to pay Virruso’s invoices and then obtained reimbursement from HUD’s CFP. Virruso and Garcia then formed a company together, MCL Construction. Virruso submitted a fraudulent invoice from MCL to Garcia, who approved the invoice for payment from HUD funds, and both men collected a share of the proceeds. Virruso fraudulently received more than $75,000 through this scheme. In addition, Garcia embezzled more than $15,000 of HUD funds by misusing a GHA debit card.
During today’s proceedings, both men entered guilty pleas to Counts 1 and 9 of the indictment charging them with conspiracy to commit false claims against the United States and false claims against the United States. Garcia also pleaded guilty to Count 10 of the indictment charging him with theft from a program receiving federal funds. In their respective plea agreements, Garcia and Virruso each admitted participating in the unlawful scheme described in the indictment. Garcia also admitted embezzling GHA funds by making personal purchases exceeding $5,000 per year using a debit card linked to a GHA bank account.
Under the terms of the plea agreements, Garcia and Virruso each will be sentenced to a prison term within the range of 18 to 24 months followed by a term of supervised release to be determined by the court. Garcia also was ordered to pay $105,000 with interest in restitution to the United States, including $75,000 that is to be paid jointly with Virruso. Both men remain on conditions of release pending their sentencing hearings, which have yet to be scheduled.
The case was investigated by the Region 6, HUD Office of Inspector General and the Albuquerque Division of the FBI, and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.
Albuquerque Man Sentenced to Thirty Years in Federal Prison for Producing Child PornographyRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Carol K.O. Lee, Special Agent in Charge of the FBI’s Albuquerque Division, announced that Antonio Gutierrez, 44, of Albuquerque, N.M., was sentenced today to 30 years in federal prison for his conviction on three production of child pornography charges. After he completes his prison sentence, Gutierrez will be on supervised release for five years and will be required to register as a sex offender. Gutierrez also was ordered to pay $14,060 in restitution to the victim of his criminal conduct.
Gutierrez was arrested in Aug. 2012, based on a criminal complaint alleging that he induced a minor to engage in sexually explicit conduct for the purpose of producing child pornography. Gutierrez subsequently was charged with three counts of production of child pornography in a superseding indictment alleging that he committed the offenses between Aug. 2011 and Nov. 2011 in Bernalillo County, N.M.
Gutierrez was convicted on all three charges in the superseding indictment on Jan. 27, 2014, after a five-day jury trial. The evidence at trial established that Gutierrez gave the victim a cellphone in May 2011, on her 16th birthday, and told her that he would pay for the first month of service. In June 2011, Gutierrez told the victim that he would pay the cellphone service bill if she repaid him with nude photographs of herself, and the victim used her cellphone to take two photographs of herself without clothes and sent the images to Gutierrez’s cellphone. This began a monthly cycle of Gutierrez refusing to pay for the victim’s cellphone service unless she provided him with nude photographs of herself. With each passing month, Gutierrez escalated the nature and extent of the sexual conduct in which the victim was required to engage when photographed.
In Nov. 2011, after the victim reported Gutierrez’s unlawful conduct to the Albuquerque Police Department, officers executed a search warrant at Gutierrez’s residence and seized computers, computer-related media and cellphones. A subsequent forensic examination of Gutierrez’s personal computer revealed many sexually explicit photographs, including sexually explicit photographs of the victim taken by Gutierrez. Gutierrez testified in his own defense and denied that he produced any child pornography. Gutierrez also claimed that he did not know how the child pornography ended up on his computer.
This case was investigated by the Albuquerque office of the FBI, the Albuquerque Police Department and the New Mexico Regional Computer Forensic Laboratory. Assistant U.S. Attorneys Jennifer M. Rozzoni and Marisa A. Lizarraga prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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 75 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.
Albuquerque Man Pleads Guilty to ATM Robbery Spree in Summer 2013Read the Press Release
ALBUQUERQUE – Kelvin L. Dickerson, of Albuquerque, N.M., pleaded guilty this morning to committing a series of robberies in the summer of 2013.
Dickerson and his co-defendant, Dominique Dickens, also of Albuquerque, were arrested in Dec. 2013, on an eight-count indictment charging them with conspiracy and seven Hobbs Act robberies. According to the indictment, between June 2013 and early Sept. 2013, Dickerson and Dickens allegedly engaged in a scheme to rob employees of business engaged in interstate commerce in Bernalillo County, N.M. Dickens allegedly would drive Dickerson to automatic teller machines (ATMs) where Dickerson would rob individuals who were making deposits. Dickens allegedly would pick Dickerson up after he committed the robberies and drive him away.
Today Dickenson entered a guilty plea to the indictment and admitted that he and his co-defendant conspired to rob individuals who were making deposits into ATMs between June 28, 2013 and Sept. 5, 2013. Dickenson also admitted robbing seven individuals during that time period. The victims of Dickenson’s criminal conduct were employed by One Main Financial, Loan Max Title Loans, Church’s Chicken, National Insurance, Sonic and Radio Shack, all of which are businesses engaged in interstate commerce.
At sentencing, Dickenson faces a maximum statutory penalty of 20 years for each of the eight charges. Dickenson remains detained pending his sentencing hearing, which has yet to be scheduled.
His co-defendant, Dickens, has entered a not guilty plea and remains on conditions of release pending trial, which has yet to be scheduled. Charges in an indictment are merely accusations and Dickens is presumed innocent unless found guilty beyond a reasonable doubt.
This case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. This initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under the worst of the worst anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from our communities for as long as possible.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
El Paso Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Bernabe Carrasco, 35, of El Paso, Texas, pled guilty this morning in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge pursuant to a plea agreement with the U.S. Attorney’s Office.
Bernabe Carrasco and his co-defendant and cousin, Carlos Jesus Carrasco, 24, also of El Paso, were arrested on Dec. 20, 2013, and charged by criminal complaint with conspiracy and possession of methamphetamine with intent to distribute. The two men subsequently were indicted on the same two charges. According to the indictment, Bernabe Carrasco and Carlos Carrasco conspired to distribute methamphetamine on Dec. 19, 2013, and possessed methamphetamine with intent to distribute on Dec. 20, 2013. The indictment alleges that the two men committed the two offenses in Otero County, N.M.
During today’s proceedings, Bernabe Carrasco pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In his plea agreement, Bernabe Carrasco admitted that on Dec. 20, 2013, he possessed 2.07 kilograms of pure methamphetamine. Bernabe Carrasco boarded a passenger bus in El Paso in order to take two packages of methamphetamine that were strapped to his body to Amarillo, Texas, in exchange for $1,200.00. He also acknowledged that he was traveling with his cousin, Carlos Carrasco, who also was carrying methamphetamine. The cousins were apprehended at the U.S. Border Patrol checkpoint on Highway 54 in New Mexico when Border Patrol agents boarded the bus to conduct a routine immigration check of the passengers.
Carlos Carrasco previously pled guilty to the indictment on May 20, 2014, and also admitted possessing 2.07 kilograms of methamphetamine on Dec. 20, 2013, which he intended to distribute.
Bernabe Carrasco and Carlos Carrasco have been in federal custody since their arrests and remain detained pending their sentencing hearings, which have yet to be scheduled. At sentencing, each man faces a sentence of not less than ten years and not more than life in prison.
This case was investigated by the Las Cruces office of the DEA, the U.S. Customs and Border Protection and the U.S. Border Patrol, with assistance from the Doña Ana County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.Jemez Pueblo Woman Sentenced to Probation for Embezzling Pueblo FundsRead the Press Release
ALBUQUERQUE – Mary Cathy Sabado, 48, a member and resident of Jemez Pueblo, was sentenced this morning to a five-year term of probation for her conviction for embezzling money belonging to an Indian tribal organization. The court will schedule a hearing to determine the amount of restitution Sabado will be required to pay to the victims of her criminal conduct.
Sabado pleaded guilty on Feb. 19, 2014, to a felony information charging her with embezzlement and theft from an Indian tribal organization. In entering her guilty plea, Sabado admitted that between Feb. 2010 and Oct. 2011, she embezzled $18,095.28 in monies belonging to Jemez Pueblo. At the time she committed this offense, Sabado was the coordinator for the Jemez Vocational Rehabilitation Project. Sabado abused her position as an employee of the Pueblo by using purchase orders and a tribal credit card to make unauthorized purchases for her personal use.
The case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Former Non-Indian Employee of the Jicarilla Apache Nation Sentenced to Probation for Embezzling Money from the TribeRead the Press Release
ALBUQUERQUE – Robert G. Wells, 63, of Albuquerque, N.M., was sentenced this morning to a five-year term of probation for embezzling money from an Indian tribal organization. Wells also was ordered to pay $214,594.13 in restitution to the Jicarilla Apache Nation, the victim of Wells’ criminal conduct.
Wells was arrested in Nov. 2013, on a three-count indictment charging him with embezzling an aggregate of $214,594.13 from the Jicarilla Apache Nation’s Utility Authority between July 2011 and Oct. 2011. At the time, Wells, a non-Indian, was employed by the Jicarilla Apache Nation as the comptroller for the tribe’s Utility Authority.
On Feb. 24, 2014, Wells pled guilty to all three counts of the indictment and admitted embezzling money from a Wells Fargo Bank account belonging to the Jicarilla Apache Nation’s Utility Authority through an unauthorized withdrawal and two unauthorized transfers. In his plea agreement, Wells admitted stealing money from the tribe’s bank account on the following three occasions: $500.00 in July 2011, $92,331 in August 2011, and $121,763 in Oct. 2011.
This case was investigated by the Albuquerque office of the FBI and the Jicarilla Apache Tribal Police Department and was prosecuted by Supervisory Assistant U.S. Attorney Glynette R. Carson McNabb.
Laguna Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Keith J. Carr, 30, a member of Laguna Pueblo, pleaded guilty this afternoon to a federal indictment alleging a federal assault charge.
Carr was arrested on Feb. 28, 2014, on an indictment charging him with assault resulting in serious bodily injury. According to the indictment, the assault, which injured another Laguna Pueblo man, occurred on Dec. 20, 2012, within Laguna Pueblo in Cibola County, N.M.
During today’s proceedings, Carr pled guilty to the indictment and admitted that the victim sustained serious bodily injury on Dec. 20, 2012, when Carr crashed the vehicle he was driving and in which the victim was a passenger. According to the plea agreement, Carr was intoxicated and driving at a high rate of speed when he lost control of his vehicle and caused the vehicle to roll and crash. The victim sustained multiple fractures, nasal bone fractures, fracture of the pneumothorax, orbital fractures, and rib fractures as a result of the assault.
Carr has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Carr faces a statutory maximum penalty of ten years in prison.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Mescalero Apache Man Sentenced to Three Years in Federal Prison for Assaulting ToddlerRead the Press Release
ALBUQUERQUE – Alcario Emilio Provencio, 24, a member and resident of the Mescalero Apache Nation, was sentenced this afternoon to 36 months in federal prison followed by three years of supervised release for assaulting a minor in Indian Country.
Provencio was arrested on April 15, 2013, on a criminal complaint charging him with assault resulting in serious bodily injury. According to the complaint, Provencio assaulted a 16-month-old child who was in his care on Oct. 10, 2012, in a residence located on the Mescalero Apache Reservation. As a result of the assault, the victim sustained serious injuries including compression fractures of two vertebrae, retinal hemorrhaging, a fractured rib and numerous bruises on the head, face, neck and torso.
Provencio was in tribal custody on tribal charges related to the assault until his arrest on federal charges. He has been in federal custody since his federal arrest.
On Oct. 28, 2013, Provencio entered a guilty plea to a felony information charging him with assault of a person under the age of 16 years resulting in substantial bodily injury. Provencio admitted assaulting the victim by intentionally striking the child, and acknowledged that the victim sustained substantial bodily injury as a result of the assault.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Mescalero Apache Man Sentenced to Federal Prison for Domestic Assault by A Habitual Offender ConvictionRead the Press Release
ALBUQUERQUE – Lonnie Ray Youngman, 45, was sentenced this afternoon in federal court in Las Cruces, N.M., to 38 months if federal prison to be followed by three years of supervised release for his conviction on assault with a dangerous weapon and domestic assault by a habitual offender charges. The sentence was announced by U.S. Attorney Damon P. Martinez and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Youngman, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was arrested on July 8, 2013, on a criminal complaint alleging that he assaulted his domestic partner, a Mescalero Apache woman. Youngman subsequently was indicted and charged with assaulting the victim with a dangerous weapon on Jan. 6, 2012, and assaulting the victim on Jan. 5, 2012. Youngman was charged as a habitual domestic offender because he previously had been convicted on domestic assault charges in May 1996 and April 2010.
On March 5, 2014, Youngman entered a guilty plea to the indictment and admitted assaulting the victim on Jan. 5, 2012, by striking her with a wooden table leg. He also admitted assaulting the victim on Jan. 6, 2012, by punching, kicking and biting her. The victim sustained serious bodily injuries, including contusions on the face, scalp, neck and arm, a deviated septum, and bite marks, as a result of the assaults. Both assaults occurred within the Mescalero Apache Reservation.
This case was investigated by the Mescalero Agency of BIA’s Office of Justice Services and was 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.
Mescalero Apache Man Sentenced for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Vincent Magoosh, 23, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this afternoon to eight months of incarceration for his assault conviction. Magoosh then will be on supervised release for two years, six months of which will be served at a half-way house.
Magoosh was arrested on Aug. 2, 2013, on a criminal complaint alleging that he assaulted another Mescalero Apache man on April 28, 2013 with a dangerous weapon. Magoosh has been in federal custody since that time.
On Jan. 21, 2014, Magoosh pled guilty to a criminal information charging him with assault with a dangerous weapon, and admitted assaulting the victim on April 28, 2013. In his plea agreement, Magoosh said that an argument with the victim escalated to a physical confrontation during which he armed himself with a broken table leg with nails in it. Magoosh swung the table leg at the victim and struck him in the head causing a cut to the left side of the victim’s head.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney E. Garreth Winstead, III of the U.S. Attorney’s Las Cruces Branch Office.