District of Arizona

     PHOENIX Ariz. – On May 7, 2019, Duraid Hussein, 25, of Glendale, Arizona, was sentenced by U.S. District Judge G. Murray Snow to 54 months in prison.  Hussein is a citizen of Iraq who entered the United States as a refugee.  On December 6, 2018, Hussein was convicted by a federal jury of being a felon in possession of a firearm.  In July 2017, Hussein sold a stolen firearm to another individual.  As a convicted felon, Hussein is not allowed to possess firearms or ammunition.

     During the investigation, Hussein was observed watching extremist propaganda videos on the Internet, and heard making statements about being called to fight the Jihad.  Since entering the United States, Hussein has had multiple contacts with law enforcement for violent acts, including a May 2017 conviction for aggravated assault. 

     Hussein is subject to removal from the United States upon his release from prison.

     The investigation was conducted by the Federal Bureau of Investigation, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, and Immigration and Customs Enforcement. The case was prosecuted by Lacy Cooper and Matthew Binford, Assistant United States Attorneys, District of Arizona, Phoenix.

TUCSON, Ariz. – On May 8, 2019, Rico Wilbert, 38, of Purvis, Mississippi, was sentenced by U.S. District Judge James A. Soto to 17 years in prison.  Wilbert’s term of imprisonment will be followed by lifetime supervised release requiring him to register and abide by sex offender conditions. Wilbert had previously pleaded guilty on August 27, 2018, to aiding and abetting the production of child pornography.

     Agents from Homeland Security Investigations (HSI) investigating Josue Cota arrested Wilbert after discovering chats in which Wilbert encouraged and requested videos of Cota sexually abusing children.  Wilbert and Cota communicated and exchanged child pornography online over at least a nine-month period during 2016 and 2017. Evidence showed that Wilbert repeatedly asked Cota for “new” material, and encouraged Cota as he sexually assaulted his victims.  In February 2019, Cota was sentenced in federal court to 60 years’ incarceration for production of child pornography.  

     This case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and the 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 www.projectsafechildhood.gov.

     The investigation in this case was conducted by Homeland Security Investigations, Douglas Office. The prosecution was handled by Carin C. Duryee and Carmen F. Corbin, District of Arizona, Tucson.

PHOENIX – Today, Murphy Alex Begay, 41, of Pinon, Ariz., was convicted by a jury of aggravated sexual abuse of a child.  Begay will be sentenced by U.S. District Judge Steven P. Logan in July.

     In March 2012, Begay lured the 11 year-old victim outside the mother’s house during the night, where he forcibly raped the victim in a dirt field.  Both Begay and the victim are members of the Navajo Nation, and the crime was committed on the Navajo Nation Indian Reservation.

     Begay is a convicted felon.  At the time he raped the victim, he was serving a term of supervised release for previously shooting an unarmed man.

     The investigation in this case was conducted by the Federal Bureau of Investigation.  The prosecution was handled by Assistant U.S. Attorneys William G. Voit and Dimitra H. Sampson, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-18-08107-SPL

RELEASE NUMBER:    2019-059_Begay

 

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/

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PHOENIX – On April 30, 2019, Robert Lee Jose, 30, of Mesa, Ariz., was sentenced by U.S. District Judge Neil V. Wake to 15 years in prison, to be followed by three years of supervised release. Jose had previously pleaded guilty to voluntary manslaughter.  On March 28, 2018, Jose shot the victim in the head following a short, heated argument, killing the victim.   Both Jose and the victim are members of the Gila River Indian Community. 

     The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-18-497-PHX-NVW  

RELEASE NUMBER:    2019-058_Jose

 

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/

 

PHOENIX – On April 29, 2019, William Starr Schwartz, 54, of Meadview, Ariz., was sentenced by U.S. District Judge Steven P. Logan to 24 months’ imprisonment, to be followed by three years of supervised release.  Schwartz was also ordered to pay restitution in the amount of $22,655 to the National Fish and Wildlife Foundation, a charitable and nonprofit corporation established to further the conservation and management of fish, wildlife, plants, and other natural resources.  Schwartz had previously pleaded guilty to possession with intent to distribute methamphetamine, theft of government property, smuggling cacti from the United States, and Lacey Act false labeling charges. 

     Between approximately Oct. 1, 2014 and Aug. 22, 2018, Schwartz stole, and directed others to steal for him, in excess of 500 federally-protected cactus plants from the Lake Mead National Recreation Area in Arizona.  Schwartz sold the stolen cacti through the Internet, and illegally shipped the cacti from Meadview to more than 20 countries throughout the world.  During a search warrant conducted on Schwartz’s residence in August 2018, numerous stolen cacti were recovered by law enforcement agents.  Additionally, methamphetamine and related drug paraphernalia were found.

     The United States Fish and Wildlife Service, with assistance from the National Park Service and the United States Postal Inspection Service, conducted the investigation.  The prosecution was handled by Paul Stearns, Assistant U.S. Attorney, District of Arizona.

 

CASE NUMBER:           CR-18-08333-SPL

RELEASE NUMBER:    2019-057_Schwartz

 

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.

TUCSON, Ariz. – On April 19, 2019, a federal jury returned guilty verdicts against Lawrence James Halamek, 36, of Safford, Ariz., after a four-day trial before District Judge Jennifer G. Zipps.  Halamek was convicted of transportation of a minor with intent to engage in criminal sexual activity and travel with intent to engage in illicit sexual conduct.  Halamek faces a sentence of up to lifetime imprisonment, followed by up to lifetime supervised release, stringent sex offender conditions, and sex offender registration.

     The evidence at trial showed that in December 2016, Halamek picked up a minor child from her bus stop and transported her to a remote area in New Mexico, with the intent of sexually assaulting her.  With the help of an Amber Alert, the two were located the following day.   

     This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by United States Attorney’s Offices and the 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 www.projectsafechildhood.gov.

     The investigation in this case was conducted by Federal Bureau of Investigation, Sierra Vista Office, Grant County Sheriff’s Department, and Graham County Sheriff’s Department. The prosecution was handled by Carin C. Duryee and Erica L. Seger, District of Arizona, Tucson.

 

CASE NUMBER:           CR-17-0477-TUC-JGZ  

RELEASE NUMBER:    2019-056_Halamek

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PHOENIX– On April 15, 2019, Corey Slinkey, 42 of Fort Defiance, Ariz., was sentenced by District Judge Susan M. Brnovich to 46 months’ imprisonment. Slinkey had previously pleaded guilty to assault with a dangerous weapon.  

     In August 2017, Slinkey intentionally struck and wounded the victim of the assault with a tent pole. The victim was pregnant at the time. Both Slinkey and the victim are members of the Navajo Nation.

     Navajo Nation Criminal Investigations and the Federal Bureau of Investigations conducted the investigation. The prosecution was handled by Kiyoko Patterson, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-18-8240-PCT-SMB 

RELEASE NUMBER:    2019-055_Slinkey

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PHOENIX – On April 15, 2019, Ryan Pearson, 32, of Payson, Ariz., was sentenced by U.S. District Judge Susan M. Brnovich to five years in prison followed by three years of supervised release.  Pearson had previously pleaded guilty to possession of a firearm during and in relation to a crime of violence. 

     Pearson admitted to using a firearm, along with co-defendant Armando Pablo Ochoa, to rob the Mazatal Casino, in Payson, Ariz., on the Tonto Apache Indian Reservation.  Ochoa and Pearson entered the casino armed with handguns and demanded employees open a vault.  When they did not receive immediate compliance, Ochoa and Pearson each fired a round from their weapons.  Both Ochoa and Pearson were employees of the casino at the time. 

     The investigation in this case was conducted by the Federal Bureau of Investigation.  The prosecution was handled by Anthony W. Church, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:                  CR 18-01169-002-PHX-SMB

RELEASE NUMBER:           2019-054_Pearson

 

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PHOENIX – This week, the Office of Justice Programs’ Office for Victims of Crime (OVC) awarded more than $8.4 million to support crime victims in Native American communities in 10 states: Alaska, Arizona, California, Idaho, Michigan, New Mexico, Oklahoma, South Dakota, Utah and Washington. The group of 17 awards is the fifth in a series of grants being made by OVC to American Indian and Alaska Native communities. OVC has now awarded more than $34 million of nearly $100 million to support tribal victim service programs.

     The awards - 63 in total so far - will fund critical crime victim services, such as counseling, transitional housing, emergency services and transportation. The grants are supported by the Crime Victims Fund, a repository of federal criminal fines, fees and special assessments. The fund includes zero tax dollars. 

     “American Indian and Alaska Native communities face extensive public safety challenges, but through creative approaches that combine traditional methods with innovative solutions, they are demonstrating their determination to meet the needs of victims in their communities,” said OJP’s Principal Deputy Assistant Attorney General Matt M. Dummermuth. “These grants, part of historic levels of funding awarded by the Department of Justice to American Indian and Alaska Native communities, will provide significant resources to bring critical services to those who suffer the effects of crime and violence.”

     “We congratulate Pascua Yaqui Tribe, Salt River Pima Maricopa Indian Community, and San Carlos Apache Tribe on being selected for these awards from DOJ’s Office for Victims of Crime,” stated Elizabeth A. Strange, First Assistant United States Attorney for the District of Arizona.  “The $1.5 million in OVC funding will help these communities to expand their services for crime victims and help to prevent victims from suffering further harm.”  

     According to OJP’s Bureau of Justice Statistics, American Indians and Alaska Natives experience violent crime at rates far greater than the general population.

     The following tribes (or tribal organizations) are the 17 receiving grant awards this week. More than 150 tribes are expected to receive funding this spring to help their communities support crime victims over the next three years:

• The Pascua Yaqui Tribe (Arizona) received $491,450 to enhance existing services to victims by providing crisis intervention and response, resources, referrals, accompaniment to forensic interviews and hospitals, and court advocacy. Funding will support a victim advocate, staff training, transportation for victims, program and office supplies, and emergency assistance.
   
• The Salt River Pima Maricopa Indian Community (Arizona) received $336,031 to enhance its existing victim services program by creating a multi-disciplinary team, which will expand services to victims of violent crimes. Funding will support a victim services liaison, staff training, program and office supplies, staff training and emergency assistance.
   
• The San Carlos Apache Tribe (Arizona) received $716,117 to expand its existing victim services programs by supporting a victim advocate, case manager, program manager, staff training, transportation for victims, program and office supplies, a consultant to serve as a forensic interviewer, and a consultant to provide training on a trauma-informed approach to victim services.
   
• The Flandreau Santee Sioux Tribe (South Dakota) received $315,000 to provide victim services on and around the Flandreau reservation. Funding will expand victim assistance and establish new services for unemployed battered women and their children in remote rural areas on and off the reservation.
   
• The Akiak Native Community (Alaska) received $450,932 to develop a comprehensive victim services program to assist all victims in the community. Funding will support staff training, program and office supplies, travel to Anchorage for victims to access counseling and other services not available in the community, and emergency assistance.
   
• The Seneca Cayuga Nation (Oklahoma) received $720,000 to enhance and expand its existing victim services program by funding long-term support and other victim services that are not currently available. Funding will support staff training, program and office supplies, transportation and emergency assistance.
   
• The Taos Pueblo Administration (New Mexico) received $694,002 to enhance existing victim services and build program capacity, with a focus on victims of elder abuse and domestic violence. Funding will support the establishment of a case management system, a financial counselor to assist elder victims of financial fraud and abuse, and emergency assistance.
   
• The New Stuyahok Village (Alaska) received $382,750 to conduct a community needs assessment and prepare a strategic plan to develop a victim services program, with a focus on shelters, advocacy, crisis counseling and other services to victims of sexual assault, domestic violence, stalking and other violent crimes. 
   
• The Coeur d’Alene Tribe (Idaho) received $478,504 to expand victim-centered services through a tribal healing and recovery program. Funding will support staff training, program and office supplies, transportation for victims, outreach and emergency assistance.
   
• The Tolowa Dee-ni’ Nation (California) received $40,000 to enhance local transportation for victims within the tribe’s five-county service area.

 

• The Stillaguamish Tribe of Indians of Washington (Washington) received $381,933 to expand and enhance the existing victim assistance program by increasing services to children and elders who are victims of crime. Funding will support the hiring of a social worker, staff training, program and office supplies, and transportation for victims.
• The Suquamish Tribe (Washington) received $356,621 to enhance existing services by conducting a needs assessment and developing a comprehensive strategic plan for coordinating and integrating the delivery of services to crime victims. Funding will support travel for victims to access specialized services not available locally, program and office supplies, a forensic interviewer, a strategic planning consultant, and trauma response training for staff.
   
• The Shoshone-Bannock Tribes (Idaho) received $649,244 to address four critical needs in existing programming, including shelter renovations to ensure safety and accessibility, trauma-informed case management, satellite victim service offices and expansion of services to vulnerable adults. Funding will support a case manager, domestic violence shelter and office space, program and office supplies, and emergency assistance.
   
• The Choctaw Nation of Oklahoma (Oklahoma) received $541,872 to expand its existing victim services program by identifying victims in need of additional services and developing resources to meet those needs. Funding will support a senior victim advocate, staff training, program and office supplies, transportation for victims and emergency assistance.
   
• The Chugachmiut, Inc. (Alaska) received $625,094 to develop the Aprun Aswigmen: Pathway Toward Healing program that will expand and enhance its domestic violence and sexual assault program to serve a broader population of victims. Funding will support a tribal victim services coordinator, forensic medical examination equipment, program and office supplies, and training for staff on serving victims of traumatic brain injury as a result of their victimization.
    
• The Pokagon Band of Potawtomi Indians (Michigan) received $602,470 to expand its existing victim services program to include services for all victims of crime. Funding will support a project coordinator, adult protective services worker, staff training, outreach materials, legal assistance to victims, staff to conduct a needs assessment and develop a strategic plan, and emergency assistance.
   
• The Paiute Indian Tribe of Utah (Utah) received $699,000 to expand its existing victim services program by creating a crime victim services program that is more accessible to tribal members. Funding will support a family services manager; staff training; transport for victims; program and office supplies; and subcontracts with the Family Support Center of Southwestern Utah, Family Support Center of Washington County, Canyon Creek Services, Dove Center and New Horizons. The grant will provide shelter and advocacy services for adult and child victims, and subcontracts with the Iron County Children’s Justice Center and Washington County Children’s Justice Center to provide forensic interviews and exams for child victims.
   

     “American Indian and Alaska Native crime victims continue to face challenges in accessing vital services and resources needed to help survivors address their trauma and navigate a complex system,” said OVC Director Darlene Hutchinson. “The Justice Department has made it a priority to partner with tribes to help victims and their families rebuild their lives in the aftermath of violence.”           

     The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Matt M. Dummermuth, provides federal leadership, grants and resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.

 

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RELEASE NUMBER:           2019­-051_Crime Victim Grants

 

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PHOENIX – On April 15, 2019, Shane Tyreke Mann, 21, of Tonalea, Ariz., was sentenced by U.S. District Judge Susan M. Brnovich to 33 months’ imprisonment, to be followed by three years of supervised release.  Mann had previously pleaded guilty to assault resulting in serious bodily injury.

     On May 15, 2018, Mann assaulted a family member, including by kicking the victim in the face and back.  As a result, the victim suffered serious injuries that required hospitalization.  The assault occurred on the Navajo Nation.  Both Mann and the victim are enrolled members of the Navajo Nation.

     The investigation in this case was conducted by the Navajo Nation Division of Public Safety and the Federal Bureau of Investigation.  The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.

CASE NUMBER:           CR-18-8221-PCT-SMB

RELEASE NUMBER:    2019-052_Mann

 

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PHOENIX – On April 15, 2019, Kelsey Dale Benally, 27, of Kayenta, Ariz., was sentenced by U.S. District Judge John J. Tuchi to 63 months in prison, to be followed by three years of supervised release.  Benally had previously pleaded guilty to assault with a dangerous weapon.  Benally was also sentenced to five months in prison for violating a term of supervised release imposed for a prior criminal conviction in 2017.  These sentences were ordered to run consecutively.  

     On Oct. 31, 2015, Benally stabbed the victim multiple times with a knife, causing the victim to sustain serious bodily injuries.  After seriously injuring the victim, Benally also stole a truck the victim had been driving.  Officers from the Navajo Nation Police Department apprehended Benally shortly after the assault.  The assault happened on the Navajo Indian Reservation. Both Benally and the victim are members of the Navajo Nation.

     The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Department of Law Enforcement.  The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-18-08019-PCT-JJT  

RELEASE NUMBER:    2019-053_Benally

 

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PHOENIX– On April 8, 2019, Seraphina Charley, 30, of Church Rock, NM, a member of the Navajo Nation, was sentenced by District Judge Steven P. Logan to 78 months’ imprisonment. After a four-day trial, Charley was found guilty by a jury of assault with a dangerous weapon, assault resulting in serious bodily injury and making false statements to a government agency.  

     In March 2018, Charley intentionally struck her then boyfriend, also a member of the Navajo Nation, in the back of the head with a piece of metal rebar. During the investigation, Charley lied about her identity and created a false story that unknown males assaulted the victim. Due to the assault, the victim suffered permanent brain damage affecting his ability to walk and remember.

     The Navajo Nation Criminal Investigations and the Federal Bureau of Investigation conducted the investigation. The prosecution was handled by Kiyoko Patterson and Dimitra Sampson, Assistant U.S. Attorneys, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-18-8135-PCT-SPL   

RELEASE NUMBER:    2019-050_Charley

 

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PHOENIX – In observance of National Crime Victims’ Rights Week, April 7-13, 2019, the United States Attorney’s Office for the District of Arizona hosted its annual Service Award Ceremony today to recognize individuals who have performed exceptional service on behalf of crime victims.  This year’s theme for National Crime Victims’ Rights Week is “Honoring Our Past. Creating Hope for the Future.”

     The Department of Justice’s Office for Victims of Crime, within the Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week.  President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week in 1981 to bring greater sensitivity to the needs and rights of victims of crime.  Since then, every year in April, the Department of Justice and United States Attorney’s Offices observe National Crime Victims’ Rights Week nationwide by organizing events to highlight the rights of victims in our legal system and to honor those who advocate on their behalf.  

     The U.S. Department of Justice will host the Office for Victims of Crime’s annual National Crime Victims’ Service Awards Ceremony in Washington, D.C. on April 12, 2019, to honor outstanding individuals and programs that serve victims of crime.

     “Victims of crime deserve justice. This Department works every day to help them recover and to find, prosecute, and convict those who have done them harm,” said Attorney General William P. Barr. “During this National Crime Victims’ Rights Week, we pause to remember the millions of Americans who have been victims of crime and we thank public servants who have served them in especially heroic ways. This week the men and women of the Department recommit ourselves once again to ensuring that crime victims continue to have a voice in our legal system, to securing justice for them, and to preventing other Americans from suffering what they have endured."

     “Our office is deeply committed to ensuring that all crime victims are accorded their rights under the Crime Victims’ Rights Act, they are protected from further harm, and they receive the support and assistance necessary for recovery,” stated First Assistant United States Attorney Elizabeth A. Strange.  “We honor all of our law enforcement partners who work with us every day to protect our communities and, today, we specifically recognize outstanding individuals who went above and beyond the call of duty to serve victims of crime or to advocate on their behalf.”

     The Office of Justice Programs provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America, and providing grants for the implementation of these crime-fighting strategies.  Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers.  More information about the Office of Justice Programs and its components can be found at www.ojp.gov.  More information about Crime Victims’ Rights Week can be found at https://ovc.ncjrs.gov/ncvrw/.  You may also contact the U.S. Attorney’s Office, District of Arizona Victim Witness Program at 602-514-7500.

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           RELEASE NUMBER: 2019-043_NVRW

 

For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az

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TUCSON, Ariz. – On April 8, 2019, Shad Richard Thompson, 43, of Tucson, Ariz., was sentenced by U.S. District Judge Jennifer G. Zipps to serve 222 months (18.5 years) in prison and pay $4,784 in restitution. Thompson was convicted of conspiracy to commit bank robbery and bank robbery following a jury trial.  Thompson’s term of imprisonment will be followed by three years of supervised release.

     On Oct. 5, 2017, Thompson and a co-defendant planned and executed the robbery of Pyramid Federal Credit Union located on East Grant Road, in Tucson.  The pair used a demand note to commit the bank robbery, which the co-defendant wrote on a napkin while Thompson told her what to write. Thompson drove the co-defendant to the Credit Union, parked in a space hidden by bushes, and waited while the co-defendant went in to present the note demanding the Credit Union’s money. The co-defendant entered the Credit Union wearing Thompson’s t-shirt and hat while carrying a brown purse that Thompson had instructed her to use to carry out the Credit Union’s money. After presenting the demand note and receiving $4,784 from the teller, the co-defendant departed the Credit Union, got back in the car with Thompson, and the pair drove off. Thompson and the co-defendant fled Arizona, but were later arrested in Wyoming.  Further investigation revealed that Thompson had been involved in multiple prior bank robberies. 

     The investigation in this case was conducted by Federal Bureau of Investigation, Tucson. The prosecution was handled by Lori L. Price and Erica L. Seger, Assistant U.S. Attorneys, District of Arizona, Tucson.

 

CASE NUMBER:           CR-17-01732-TUC-JGZ

RELEASE NUMBER:    2019-049_Thompson

 

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TUCSON, Ariz. – On April 8, 2019, Rogelio Aboyte Limon, 47, of Bacum, Mexico, was sentenced by U.S. Senior District Judge Raner C. Collins to 15 months of imprisonment followed by three years of supervised release. Aboyte Limon had previously pleaded guilty to false statement in application and use of a passport.                

     On Dec. 27, 2018, Aboyte Limon was arrested using a fraudulently obtained United States passport in an attempt to enter the United States through the DeConcini Port of Entry in Nogales, Ariz. Aboyte Limon originally obtained the passport in 2005, renewed it in 2015, and used it on multiple occasions.  The false statements in the renewal application included using another person’s identity, claiming United States citizenship, omitting other names he had previously used, and failing to disclose his conviction for a federal felony drug offense. Aboyte Limon is a citizen of Mexico and was the mayor of Bacum, Mexico at the time of his arrest.

     The investigation in this case was conducted by the Department of State-Diplomatic Security Service, the Department of Homeland Security-Customs and Border Protection, and the Department of Homeland Security-U.S. Citizenship and Immigration Services. The prosecution was handled by Heather Siegele, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER:            CR-19-00193-RCC-EJM

RELEASE NUMBER:    2019-047_Aboyte Limon

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PHOENIX – On April 8, 2019, Maria Dawn Goldtooth, 44, of Laveen, Ariz. was sentenced by U.S. District Judge Steven P. Logan to 60 months in prison, followed by a term of three years of supervised release.  Goldtooth had previously pleaded guilty to possession with intent to distribute less than 50 grams of a mixture or substance containing methamphetamine.  

     On two separate occasions in September 2017, Goldtooth sold methamphetamine to an undercover officer from her home located on the Gila River Indian Community. An additional quantity of methamphetamine was seized from Goldtooth’s home during a search in June 2018.

     The investigation in this case was conducted by the Gila River Police Department and the Bureau of Indian Affairs.  The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-2018-00730-PHX-SPL           

RELEASE NUMBER:    2019-048_Goldtooth

 

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PHOENIX – Today, Tyler Joe, 26, of Dennehotso, Ariz., was sentenced by U.S. District Judge Steven P. Logan to 20 months’ imprisonment, to be followed by three years of supervised release.  Joe had previously pleaded guilty to assault of an intimate partner or dating partner by suffocation.

     On Sept. 23, 2018, Joe assaulted the victim by placing his arm over her mouth and applying force so that she could not breathe.  The assault occurred on the Navajo Nation, and Joe is an enrolled member of the Navajo Nation.  Joe’s sentence in this case was enhanced under the United States Sentencing Guidelines because he violated a court order of the Navajo Nation tribal court, which prohibited him from contacting the victim at the time he committed the offense.

     The investigation in this case was conducted by the Navajo Nation Division of Public Safety and the Federal Bureau of Investigation.  The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-18-8326-PCT-SPL

RELEASE NUMBER:    2019-046_Joe

 

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TUCSON, Ariz. – On April 5, 2019, Walfre Lopez-Giron, 25, of Guatemala, was sentenced by U.S. Senior District Judge Raner C. Collins to six months’ imprisonment to be followed by a term of two years supervised release.  Lopez-Giron had previously pleaded guilty to assault on federal officers.  

     On Nov. 27, 2018, U.S. Border Patrol agents apprehended a group of individuals who had entered the country illegally in an area near Three Points, Ariz.  Lopez-Giron fled from the agents, but was later arrested.  During his arrest, Lopez-Giron threw sand in one agent’s eye and spat in another agent’s face. 

     The investigation in this case was conducted by United States Customs and Border Protection.  The prosecution was handled by Raquel Arellano, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER:           CR-18-02664-TUC-RCC

RELEASE NUMBER:    2019-045_Lopez-Giron

 

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TUCSON, Ariz. – On April 4, 2019, Uriel Gonzalez-Perez, 32, of Douglas, Ariz. was sentenced for separate offenses by U.S. District Judge James A. Soto to concurrent terms of 120 months’ imprisonment and 46 months’ imprisonment, followed by three years of supervised release.  Gonzalez-Perez had previously pleaded guilty to possession of child pornography and conspiracy to commit false statements in connection with the purchase of firearms. 

     On Dec. 8, 2017, Gonzalez-Perez, a former Mexican police officer, was stopped during an outbound inspection at the Douglas Port of Entry.  His vehicle contained 500 .50 caliber BMG links, items that are prohibited from being exported without a license.  Further investigation revealed that Gonzalez-Perez and his two co-defendants were obtaining firearms and ammunition by falsifying paperwork required to purchase firearms legally.  Gonzalez-Perez was illegally exporting the firearms and other items to Mexico.

     A search of Gonzalez-Perez’s cell phone revealed numerous photos and videos of child pornography.  Agents with Homeland Security Investigations (HSI) were able to identify the child and adult female depicted in the images; they were living in Puerto Penasco, Mexico and HSI provided that information to Mexican authorities.  Mexican authorities arrested the adult female, who was the child’s mother, and she was later sentenced to fifteen years’ imprisonment in Sonora, Mexico.

     This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by United States Attorneys’ Offices and the 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 www.projectsafechildhood.gov.

     The investigation in this case was conducted by HSI Special Agent Robert Edwards.  The prosecution was handled by Erica L. Seger, Assistant U.S. Attorney, District of Arizona, Tucson.

 

CASE NUMBER:                  CR-18-00033-JAS and CR 18-00230-JAS

RELEASE NUMBER:           2019-044_ Gonzalez-Perez

 

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PHOENIX – Yesterday, Larondo James Stash, 39, of Window Rock, Ariz., was sentenced by U.S. District Judge David G. Campbell to 15 years’ imprisonment, to be followed by a lifetime term of supervised release with sex offender registration, treatment, and testing.  Stash had previously pleaded guilty to abusive sexual contact of a child.

     The victim reported to medical personnel that Stash had been inappropriately touching her since she was a young child.  Agents of the Federal Bureau of Investigation began an investigation, which led to Stash’s arrest and prosecution.  Both Stash and the victim are members of the Navajo Nation, and the abuse occurred within the Navajo Nation Reservation.

     The investigation in this case was conducted by the Federal Bureau of Investigation.  The prosecution was handled by Assistant U.S. Attorney William G. Voit, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-18-08017-DGC

RELEASE NUMBER:    2019-042_Stash

 

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     In honor of Women’s History Month in March, the United States Attorney’s Office spotlights the achievements of Judge Mary Anne (Reimann) Richey, a true woman of firsts.

 

     Judge Richey received her Bachelor of Laws from the University of Arizona College of Law in 1951. She paid for law school by operating a local ranch and raising thoroughbred racehorses. Judge Richey was the only woman in her graduating class, and the only woman to pass the Arizona bar examination that year. Three years later, she became the first woman Assistant United States Attorney (AUSA) for the District of Arizona.

 

     In 1960, Judge Richey became the first woman United States Attorney for the District of Arizona. She was appointed as a judge to the Pima County Superior Court in 1964, and served as the Court’s presiding judge from 1972 to 1976. In 1976, President Gerald Ford nominated Judge Richey to a seat on the United States District Court for the District of Arizona, as the only woman to receive a nomination during the Ford Administration. Judge Richey remained on the federal bench until her death in 1983.

 

     Judge Richey’s achievements went far beyond the law. She grew up with aspirations of taking to the sky, and joined the Women’s Airforce Services Program (WASP) in 1943 as a test pilot to honor her brother, a Navy pilot killed earlier in the war. Throughout her life, Judge Richey was deeply committed to civic engagement and a champion for underprivileged girls.

 

     Today, there are 83 woman AUSAs in the District of Arizona, making up more than half of the District’s AUSA positions. 67% of the Office’s employees are women. Following Judge Richey, four more women have been confirmed as the United States Attorney, including former Maricopa County Superior Court Judge Linda A. Akers, former Arizona governor and United States Secretary of Homeland Security Janet Napolitano, and United States District Judge Diane J. Humetewa.

 

 

RELEASE NUMBER:           2019-041_Judge Richey

 

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PHOENIX – This week, Joshua Felkins, of Tuba City, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes to 42 months of imprisonment, to be followed by three years of supervised release.  Felkins had previously pleaded guilty to being a felon in possession of firearms and ammunition.

     On May 24, 2017, Navajo tribal law enforcement and the Federal Bureau of Investigation conducted a search of Felkins’ residence in Tuba City, pursuant to a federal search warrant.  Inside the residence, officers and agents found two firearms and dozens of rounds of ammunition.  At the time of the search, Felkins had previously been convicted of felony offenses in both California and New Mexico.  Accordingly, he was legally prohibited from possessing firearms and ammunition. 

     The investigation in this case was conducted by the Navajo Nation Division of Public Safety and the Federal Bureau of Investigation.  The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-18-08129-PCT-DLR

RELEASE NUMBER:    2019-040_Felkins

 

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PHOENIX– On March 26, 2019, Frankie Nez, 38, of Sanders, Ariz., was sentenced by U.S. District Judge Steven P. Logan to 20 years in prison, followed by life time supervised release. Nez had previously pleaded guilty to aggravated sexual abuse by force.

     On Feb. 25, 2018, Nez forced his way into the elderly victim’s home and sexually assaulted her. Nez and the victim are enrolled members of the Navajo Nation.

     The investigation in this case was conducted by the Navajo Nation Police Department and Federal Bureau of Investigation. The prosecution was handled by Kiyoko Patterson, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-18-08090-PCT-SPL 

RELEASE NUMBER:    2019-038_Nez

 

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PHOENIX – This week, Lone Arrow Hastings, 29, of Supai Village, Ariz., was sentenced by U.S. District Judge Susan M. Brnovich to eight months of imprisonment, to be followed by three years of supervised release.  Hastings had previously pleaded guilty to assault on a federal officer.

     On Dec. 5, 2017, two officers with the Bureau of Indian Affairs – Office of Justice Services  arrested Hastings for public intoxication in violation of the Havasupai Tribal Code.  During the course of the arrest, Hastings assaulted one of the federal officers by, among other things, kicking the officer in the face.

     The investigation in this case was conducted by the Federal Bureau of Investigation.  The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-18-08022-PCT-SMB

RELEASE NUMBER:    2019-039_Hastings

 

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PHOENIX– On March 26, 2019, Daniel Braden, 33, of Spring, Texas was sentenced by U.S. District Judge Susan M. Brnovich to five years in prison. Braden had previously pleaded guilty to wire fraud for inducing clients to invest in fake opportunities he promoted.   Braden was also ordered to pay $1,017,500 in restitution. 

     Braden portrayed himself as an experienced trader and falsely claimed to be working with Bank of America/Merrill Lynch.  Braden provided investors fabricated account statements that he created purporting to show gains on their investments and assured investors that their funds were insured.   In reality, Braden diverted the funds to high-risk trading, sports and casino gambling, or to support himself personally.  

     The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Monica B. Edelstein, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-19-00048-SMB        

RELEASE NUMBER:    2019-037_Braden

 

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PHOENIX – On March 25, 2019, Leon Arthur Dosela, 51, of San Carlos, Ariz., was sentenced by U.S. District Judge Steven P. Logan to prison for 20 years followed by five years of supervised release. Dosela had previously pleaded guilty to second degree murder.   

     On Sept. 15, 2016, Dosela, an enrolled member of the San Carlos Apache Tribe, argued with the victim at the victim’s residence on the San Carlos Apache Community. As a result of the argument, Dosela threw a flammable liquid onto the victim and thereafter ignited the liquid. The victim died from the resulting burn injuries.

     The investigation in this case was conducted by the Bureau of Indian Affairs, the San Carlos Police Department and the Arizona Department of Public Safety. The prosecution was handled by Assistant U.S. Attorney Thomas Simon, District of Arizona, Phoenix.

 

CASE NUMBER:          CR-17-01156-PHX-SPL

RELEASE NUMBER:    2019-035_ Dosela

 

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PHOENIX – On March 26, 2019, Vince Rivera, 28, of Sacaton, Ariz., a member of the Gila River Indian Community, was sentenced by U.S. District Judge John J. Tuchi to over eight years in prison, to be followed by three years of supervised release. Rivera had previously pleaded guilty to robbery.  During the robbery, Rivera attacked the victim with a machete, causing permanent injuries to the victim.    

    The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:          CR-18-917-PHX-JJT      

RELEASE NUMBER:    2019-036_Rivera

 

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PHOENIX – This week, Travis Lee Kisto, 40, of Sacaton, Ariz., was sentenced by U.S. District Judge Diane J. Humetewa to 137 months in prison for crimes he committed on the Gila River Indian Community. Judge Humetewa sentenced Kisto to 120 months for felon in possession of a firearm and 105 months for burglary, and ordered that 17 months of the burglary sentence run consecutive to the sentence for the firearm. Judge Humetewa further sentenced Kisto to concurrent, three-year terms of supervised release. Kisto had previously pleaded guilty to both felonies. 

     On March 1, 2018, Kisto unlawfully entered the victim’s home on the Gila River Indian Community while carrying a modified and stolen shotgun. Kisto, a felon, demanded the victim’s purse and began going through her belongings before ultimately discharging the firearm in the home. Responding law enforcement had to utilize tear gas and a K-9 to get Kisto to exit the residence and submit to arrest. Kisto and the victim are enrolled members of the Gila River Indian Community.

     The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Christine D. Keller, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:          CR-18-1264-PHX-DJH

RELEASE NUMBER:    2019-033_Kisto

 

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PHOENIX – On March 25, 2019, Kaniel Singer, 35, of Middle Mesa, Ariz., and a member of the Navajo Nation, was sentenced by U.S. District Judge Steven P. Logan to 57 months in prison, followed by a term of three years of supervised release.  Singer had previously pleaded guilty to robbery.  

     On March 22, 2017, while driving across the Navajo Indian Reservation on US-160, the victim sustained a flat tire.  While trying to change the tire, and waiting for roadside assistance, Singer pulled up with two unknown males and told the victim he was being robbed.  After the victim complied with Singer’s demands by handing over his personal belongings, Singer ordered the victim into the victim’s car and drove off, threatening to kill the victim while traveling at speeds close to 80 mph.  When Singer slowed down and turned onto a dirt road, the victim was able to jump out of his vehicle and run to the highway for assistance.

     The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Department of Law Enforcement.  The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-17-08113-PCT-SPL 

RELEASE NUMBER:    2019-034_Singer

 

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PHOENIX– On March 11, 2019, Rodney Vern Buckinghorse, 38 of Pinon, Ariz., was sentenced by District Judge G. Murray Snow to 48 months’ imprisonment. Buckinghorse had previously pleaded guilty to possession with the intent to distribute methamphetamine.

     On April 28, 2018, Buckinghorse possessed approximately 84 grams of methamphetamine and intended to distribute it to another person. Buckinghorse is a member of the Navajo Nation.

     Navajo Nation Criminal Investigations and the Federal Bureau of Investigation conducted the investigation. The prosecution was handled by Kiyoko Patterson, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-18-8241-PCT-GMS 

RELEASE NUMBER:    2019-032_Buckinghorse

 

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PHOENIX – The last of five members of a Drug Trafficking Organization which distributed heroin throughout Phoenix was sentenced this week by U.S. District Judge Susan M. Brnovich.  On Feb. 22, 2019, Jose Lopez-Alvarado, 32, of Sinaloa, Mexico, was sentenced to ten years in prison followed by five years of supervised release. On Sept. 10, 2018, Jose Rivera-Lugo, 35, of Sinaloa, Mexico, was sentenced to seven years and six months in prison followed by five years of supervised release.  On Sept. 10, 2018, Jhoanna Vargas-Quintana, 30, of Hermosillo, Mexico, was sentenced to five years and ten months in prison followed by five years of supervised release.  On Oct. 22, 2018, Irene Thomas, 36, of Phoenix, Ariz., was sentenced to five years in prison followed by five years of supervised release.  On March 11, 2019, Jorge Baez-Espinoza, 58, of Sinaloa, Mexico, was sentenced to five years in prison followed by five years of supervised release.  All five defendants had previously pleaded guilty to conspiracy or possession with intent to distribute heroin. 

     A collaborative investigation by federal and local law enforcement agencies showed that from Oct. 16, 2014, to Aug. 1, 2017, Lopez-Alvarado, Rivera-Lugo, Vargas-Quintana, Thomas, and Baez-Espinoza conspired together to possess with intent to distribute over six kilograms of heroin.  On May 31, 2017, investigators observed and later seized 250 grams of heroin that Lopez distributed to Baez.  Baez possessed a 9mm handgun at the time.  On July 31, 2017, Lopez provided several firearms that he knew would be smuggled to Mexico by another person in a car.  Investigators stopped the car on its way to Mexico and seized seven firearms, including a shotgun, three assault rifles, a .22 rifle, and two .38 caliber handguns.  On Aug. 1, 2017, a federal search warrant was served at Lopez’s residence, resulting in the seizure of approximately five kilograms of heroin and an assault rifle.

     The investigation in this case was conducted by the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Tempe Police Department.  The prosecution was handled by Keith Vercauteren, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:                  CR-17-01165-PHX-SMB

RELEASE NUMBER:           2019-031_ Baez-Espinoza etal

 

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TUCSON, Ariz. – On March 11, 2019, Brian Xavier Oliver, 26, of Tucson, Ariz., was sentenced by U.S. District Judge James A. Soto to 27 months’ imprisonment to be followed by a term of three years supervised release.  Oliver previously pleaded guilty to assault of an intimate and dating partner by strangulation and assault resulting in serious bodily injury.  

 

      On Aug. 28, 2016, Tohono O’odham Police Department officers responded to a residence in the San Xavier District of the Tohono O’odham Nation regarding a domestic violence assault.  Officers found the victim in severe pain with a severely lacerated lip that was hanging by a small piece of skin.  She stated that during an argument she had with Oliver, he threw her down on the bed, choked her with one hand, and then bit her bottom lip.   

 

     The investigation in this case was conducted by agents of the Federal Bureau of Investigation and detectives from the Tohono O’odham Nation Police Department.  The prosecution was handled by Assistant U.S. Attorneys Raquel Arellano and Stefani K. Hepford, District of Arizona, Tucson.

 

CASE NUMBER:            CR-18-00106-TUC-JAS 

RELEASE NUMBER:    2019-030_Oliver

 

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TUCSON, Ariz. – On March 11, 2019, Brian Xavier Oliver, 26, of Tucson, Ariz., was sentenced by U.S. District Judge James A. Soto to 27 months’ imprisonment to be followed by a term of three years supervised release.  Oliver previously pleaded guilty to assault of an intimate and dating partner by strangulation and assault resulting in serious bodily injury.

 

On Aug. 28, 2016, Tohono O’odham Police Department officers responded to a residence in the San Xavier District of the Tohono O’odham Nation regarding a domestic violence assault.  Officers found the victim in severe pain with a severely lacerated lip that was hanging by a small piece of skin.  She stated that during an argument she had with Oliver, he threw her down on the bed, choked her with one hand, and then bit her bottom lip.    

 

The investigation in this case was conducted by agents of the Federal Bureau of Investigation and detectives from the Tohono O’odham Nation Police Department.  The prosecution was handled by Assistant U.S. Attorneys Raquel Arellano and Stefani K. Hepford, District of Arizona, Tucson.

 

CASE NUMBER:           CR-18-00106-TUC-JAS 

RELEASE NUMBER:    2019-030_Oliver

 

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TUCSON, Ariz. – On March 6, 2019, Gregg A. Johnson, 42, of Tucson, Ariz., was found guilty by a federal jury of three counts of submitting false statements to a government agency. The case was tried before U.S. District Court Judge James A. Soto.  Sentencing is set for May 20, 2019.

     The evidence at trial established that, beginning in October, 2015, Johnson submitted three applications for federal employment with Homeland Security Investigations. In each application, Johnson falsely claimed that he had a Master of Arts in Theology and a Bachelor of Science in Sociology.  Johnson worked as a Computer Forensic Analyst for Homeland Security Investigations.  All of the positions Johnson applied for required a Top Secret Security clearance.

     A conviction for false statements to a government agency is a felony that carries a maximum penalty of five (5) years in prison, and a $250,000 fine.   

     The investigation in this case was conducted by the Office of Professional Responsibility, Department of Homeland Security-ICE.  The prosecution was handled by the United States Attorney’s Office for the District of Arizona.

 

CASE NUMBER:                  CR-19-114-TUC-JAS (EJM)

RELEASE NUMBER:           2019-029_ Johnson

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On Feb. 26, a federal grand jury in Phoenix, Arizona returned a 38-count indictment against U.S. and Philippines-based conspirators for operating a fraudulent scheme to import Native American-style jewelry and sell it to retail stores and individuals across the southwest United States as authentic jewelry made by Native Americans.  The conspirators allegedly perpetrated this international fraud and money laundering scheme for several years in violation of federal laws, including the Indian Arts and Crafts Act (IACA).

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, First Assistant U.S. Attorney Elizabeth A. Strange of the District of Arizona, Assistant Director Edward Grace of the U.S. Fish and Wildlife Service (FWS) Office of Law Enforcement and Special Agent in Charge A. Scott Brown of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Phoenix Field Office made the announcement.  

According to the indictment, the defendants and their conspirators used various jewelry businesses—including Last Chance Jewelers and LMN Jewelers—to design and manufacture jewelry in the Native-American style at factories in the Philippines where Filipino jewelry-makers made all of the jewelry.  The conspirators allegedly took several measures to ensure that the jewelry resembled authentic Native American-made jewelry, including copying jewelry designs from genuine Native American artists, using traditional Native American motifs and symbols in the jewelry, and stamping the jewelry with the initials of alleged Native American artists.  According to the indictment, the jewelry was then imported into the United States by FedEx, or smuggled into the United States by hand or through the Philippines Postal System, to end destinations in Arizona.  From there, it was allegedly advertised and sold to the general public as authentic jewelry made by Native Americans, at jewelry and crafts stores that purported to specialize in Native American pieces.  The indictment alleges that none of these jewelry items were indelibly marked with the country of origin as required by customs law. 

The indictment alleges that Richard Dennis Nisbet, 70, and his daughter Laura Marye Lott, 31, both of Peoria, Arizona, conspired with others to design and manufacture the Native American-style jewelry in the Philippines and import the jewelry to the United States.  Lott then allegedly delivered the jewelry to retail stores in Arizona, Texas, and other states and collected payments.  Christian Coxon, 45, of Selma, Texas, was the owner and operator of Turquoise River Trading Company, a jewelry store in San Antonio, Texas that claimed to specialize in Indian-made jewelry.  Waleed Sarrar, 43, of Chandler, Arizona, owned and operated Scottsdale Jewels LLC, a jewelry store in Scottsdale, Arizona that advertised as selling authentic Indian-made jewelry.  According to the indictment, Coxon and Sarrar conspired with Nisbet, Lott, and others to pass off imitation jewelry manufactured abroad to the public as authentic Native American-made jewelry.  Additionally, Mency Remedio, a factory manager in the Philippines, and Orlando Abellanosa and Ariel Adlawan Canedo, both of whom worked as jewelry smiths in the Philippines for the operation, were also charged with participating in the multi-year fraud and money laundering schemes.    

The IACA prohibits the offer or display for sale, or the sale of any good in a manner that falsely suggests that it is Indian produced, an Indian product, or the product of a particular Indian and Indian tribe.  The law is designed to prevent products from being marketed as “Indian made,” when the products are not, in fact, made by Indians.  It covers all Indian and Indian-style traditional and contemporary arts and crafts produced after 1935, and broadly applies to the marketing of arts and crafts by any person in the United States.  The IACA provides critical economic benefits for Native American cultural development by recognizing that forgery and fraudulent arts and crafts diminish the livelihood of Native American artists and craftspeople by lowering both market prices and standards.

An indictment is merely an allegation.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

This case was investigated by the FWS Office of Law Enforcement for the Southwest Region and HSI Phoenix, with assistance from the Arizona Game and Fish Department, the Bureau of Land Management Office of Law Enforcement and Security and the Indian Arts and Crafts Board, the U.S. Forest Service Law Enforcement and Investigations and the Texas Game Wardens.  Trial Attorney Mona Sahaf of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorneys Peter Sexton and Mark Wenker of the District of Arizona are prosecuting the case.   

PHOENIX – This week, Armando Pablo Ochoa, 32, of Payson, Ariz., was sentenced by U.S. District Judge Susan M. Brnovich to ten years in prison followed by three years of supervised release.  Ochoa had previously pleaded guilty to use of a firearm in relation to a crime of violence. 

     Ochoa admitted to using a weapon, along with co-defendant, Ryan Pearson, to rob $652,000 in cash from the Mazatal Casino on the Tonto Apache Indian Reservation.  Ochoa and Pearson entered the casino armed with handguns and demanded that employees open a vault.  When they did not receive immediate compliance, Ochoa and Pearson each fired a round from their weapons.  Both Ochoa and Pearson were employees of the casino at the time.  Pearson pleaded guilty to possession of a firearm in relation to a crime of violence and is scheduled for sentencing on April 15, 2019.   

     The investigation in this case was conducted by the Federal Bureau of Investigation.  The prosecution was handled by Anthony W. Church, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:                  CR-18-01169-PCT-SMB

RELEASE NUMBER:           2019-028_ Ochoa

 

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PHOENIX – Yesterday, Michael Joe, 33, of Whiteriver, Ariz., was sentenced by U.S. District Judge David G. Campbell to five years in prison followed by three years of supervised release.  Joe had previously pleaded guilty to assault resulting in serious bodily injury. 

     Joe acted as the primary caretaker for a nine-month-old, developmentally disabled baby. He admitted to injuring the baby by squeezing the baby’s torso until he heard the baby groan and then stop breathing.  The baby suffered broken ribs as a result.  Judge Campbell increased Joe’s sentence due to other documented injuries to the baby, and because it was necessary to fairly represent the seriousness of this crime, which he described as a “case of severe child abuse.”  The incident occurred on the Fort Apache Indian Reservation, and Joe is a member of the White Mountain Apache Tribe. 

     The investigation in this case was conducted by the Federal Bureau of Investigation.  The prosecution was handled by Christine D. Keller and Anthony W. Church, Assistant U.S. Attorneys, District of Arizona, Phoenix.

 

CASE NUMBER:          CR-18-8016-PCT-DGC

RELEASE NUMBER:    2019-026_Joe

 

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PHOENIX – On March 5, 2019, Mickey Roy Anderson, Sr., 30, of Parker, Ariz., and a member of the Colorado River Indian Tribes, was convicted by a jury of first degree murder, burglary of a residential structure, and use of a firearm during crimes of violence by a federal jury in Phoenix.  The case was tried before U.S. District Judge Douglas L. Rayes, and Anderson will be sentenced on May 20, 2019.

     The evidence at trial showed that on Jan. 23, 2014, Anderson walked into the victim’s home, stood a few feet from the victim and shot her in the face.  The victim died almost instantly.  Anderson was angry with the victim for purchasing drugs from another drug dealer in the community.  The victim was also a member of the Colorado River Indian Tribes, and the murder happened on the Colorado River Indian Reservation.  

     A conviction for first degree murder carries a mandatory penalty of life in prison.  Burglary of a residential structure carries a maximum penalty of 21 years in prison.  Use and discharge of a firearm during the commission of a crime of violence carries a minimum penalty of 10 years in prison and up to life.    

     The investigation in this case was conducted by the Bureau of Indian Affairs, and the Colorado River Indian Tribes Police Deparment.  The prosecution was handled by Christina J. Reid-Moore and Sharon K. Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.

 

CASE NUMBER:                  CR-17-00297-PHX-DLR

RELEASE NUMBER:           2019-027_Anderson

 

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PHOENIX – Yesterday, Jesus Humberto Barrera Estrada, 20, of Scottsdale, Ariz., was sentenced by United States District Judge Douglas L. Rayes to 60 months in federal prison followed by six years of supervised release.  On Jan. 14, 2019, Corey Webster Newkirk, 22, of Tempe, Ariz., was sentenced to 78 months in federal prison followed by five years of supervised release.  On Dec. 3, 2018, Gabriel Mario Morales, 20, of Tempe, Ariz., was sentenced to 60 months in federal prison followed by five years of supervised release.  All three men had previously pleaded guilty to interstate kidnapping.

      Beginning on or about May 27, 2018, Newkirk, Morales, and Barrera Estrada engaged in a conspiracy to find the victim, and clandestinely surveil her and her family in California.  The trio drove from Arizona to southern California, where they continued to watch the victim and her family, even tracking one of their vehicles with a GPS device.  The conspiracy culminated on June 4, 2018, when the three men ambushed the victim, physically restrained her inside a vehicle, and drove across state lines back to Arizona.  A traffic stop in Quartzsite, Ariz. ultimately led to the victim’s rescue and the apprehension of the three men.

      The investigation in this case was conducted by the Federal Bureau of Investigation, the Los Angeles County Sherriff’s Department, and the Quartzsite Police Department. The prosecution was handled by Christina Covault, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:          CR-18-882-PHX-DLR   

RELEASE NUMBER:    2019-021_Newkirk etal

 

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PHOENIX – On March 4, 2019, Travis Lester Begay, 30, of Shiprock, N.M., was sentenced by U.S. District Judge Steven P. Logan to eight years’ imprisonment.  Begay had previously pleaded guilty to involuntary manslaughter and assault resulting in serious bodily injury.

     After drinking all day on June 3, 2018, Begay began driving his car with four young children in the back seat.  Begay’s blood alcohol content at the time was 0.28, which is three-and-a-half times the legal limit.  Because he was so intoxicated, Begay lost control of the car and caused a rollover crash.  A ten-year-old child was ejected from the back seat and died as a result of the collision.  Both Begay and the victim are members of the Navajo Nation, and the offense occurred on Navajo Route 63, north of Red Valley, Ariz., on the Navajo Nation Indian Reservation.

     The investigation was conducted by agents of the Federal Bureau of Investigation.  The prosecution was handled by Assistant U.S. Attorney William G. Voit, District of Arizona, Phoenix.

 

CASE NUMBER:          CR 18-08223-SPL

RELEASE NUMBER:    2019-025_Begay

 

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TUCSON, Ariz. – On March 4, 2019, Caitlin Persis Deighan, Zoe E. Anderson, Logan Thomas Hollarsmith, and Rebecca Kate Grossman-Richeimer entered into a plea agreement in which the defendants pled guilty to a civil infraction, and the United States agreed to dismiss the criminal charges against them.  Each defendant was also ordered to pay a $280.00 fine.

     On Aug. 19, 2017, United States Fish and Wildlife Service officers encountered the defendants on the Cabeza Prieta National Wildlife Refuge in Ajo, Ariz. The defendants did not have a valid permit to enter the refuge.  Deighan admitted to driving the group to an area known as Charlie Bell Well, which is located in a Congressionally-designated wilderness refuge.

     “Our office is pleased that this matter was resolved through civil enforcement in which the defendants fully accepted responsibility for their illegal actions on a wilderness refuge specifically safeguarded by Congress,” stated First Assistant U.S. Attorney Elizabeth A. Strange.  “Our office will continue to review violations of federal law occurring within protected federal lands on a case-by-case basis.”  

     The investigation in this case was conducted by the United States Fish and Wildlife Service, and the prosecution was handled by Anna Wright and Nathaniel Walters, Assistant U.S. Attorneys, District of Arizona, Tucson.

 

CASE NUMBER:                 CR-17-00340MJ

RELEASE NUMBER:           2019-023_ No More Deaths Vols Plea

 

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PHOENIX – Kelsey Powell, 47, of Lemon Cove, Calif. and her former husband, Michael Powell, 53, of Wellsville, Ohio were each sentenced today by U.S. District Judge G. Murray Snow to over one year in prison.  Rachel Ellerbrock, 46, of Gilbert, Ariz., was sentenced to probation.  The Powells and Ellerbrock had previously pleaded guilty to conspiracy to commit money laundering for using stolen Homeowners Association (HOA) fees to enrich themselves.  Last month, Harlow White - the father of Kelsey Powell and Rachel Ellerbrock - was sentenced to prison for 15 months and ordered to pay $291,420 in restitution. 

     White was formerly the President and CEO of Eagle Property Management, Inc., a property management company whose clients included HOAs throughout the Phoenix metropolitan area.  Kelsey Powell, Michael Powell, and Ellerbrock had management roles at Eagle.  In 2005, White transferred ownership to Kelsey Powell, who operated the company as EPMI.  Between January 2010 and May 2014, at White’s direction, Kelsey Powell stole at least $1.2 million directly from HOA clients’ bank accounts. The stolen funds were used to pay the personal expenses of the Whites, Powells, and Ellerbrock, including large American Express credit card bills.  The defendants were ordered to pay restitution to the victim HOAs including $439,000 from Kelsey Powell, $152,000 from Michael Powell, and $110,000 from Ellerbrock. 

     The investigation in this case was conducted by U.S. Secret Service and Internal Revenue Service-Criminal Investigation. The prosecution was handled by Monica B. Edelstein , Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:           CR-17-01083-GMS        

RELEASE NUMBER:    2019-024_Powell etal

 

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TUCSON, Ariz. – Today, Zaachila Isabel Orozco-McCormick, Natalie Renee Hoffman, Oona Meagan Holcomb, and Madeline Abbe Huse, volunteers with No More Deaths, were sentenced to 15 months of unsupervised probation, fined $250.00 each, and banned from the refuge for the duration of their probation. The defendants were previously convicted at trial for entering a national wildlife refuge without a permit and abandoning personal property. Hoffman was also convicted of operating a motor vehicle in a wilderness area.

     On Aug. 13, 2017, United States Fish and Wildlife Service officers assigned to the Cabeza Prieta National Wildlife Refuge in Ajo, Ariz. responded to a group of trespassers who were operating a motor vehicle in a protected wilderness area. Hoffman admitted to driving the car into the wilderness area, and all the defendants admitted to entering the refuge without a permit and leaving a stash of water and canned food at Charlie Bell Well. On Jan. 18, 2019, after a three-day bench trial, the Court found the defendants guilty on all charges, rejecting the defendants’ multiple defenses.

     “I commend the excellent work by the United States Fish and Wildlife Service officers and their commitment to preserving the lands Congress has designated as national wildlife refuges,” stated First Assistant U.S. Attorney Elizabeth A. Strange. “Our office will continue to review potential violations on federal lands on a case-by-case basis and bring charges, as appropriate.”

     Amy Lueders, Service Southwest Regional Direction for the United States Fish and Wildlife Service stated, “The U.S. Fish and Wildlife Service appreciates the diligence and professionalism of the U.S. Attorney’s Office in prosecuting this case."

     The investigation in this case was conducted by the United States Fish and Wildlife Service, and the prosecution was handled by Anna Wright and Nathaniel Walters, Assistant U.S. Attorneys, District of Arizona, Tucson.

 

CASE NUMBER:                  CR-17-00339-MJ

RELEASE NUMBER:           2019-022_No_More_Deaths

 

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PHOENIX– On Feb. 25, 2019, Oscar Hernandez, 58, of Phoenix, Ariz., was sentenced by U.S. District Judge Diane J. Humetewa to 18 months in prison and ordered to pay $121,548 in restitution to the United States. 

     Hernandez worked as a tax preparer in Phoenix for nearly 25 years.  In 2004, he opened his own tax preparation business called R Robin Tax Services.  Hernandez admitted he filed at least 44 fraudulent tax returns between 2010 and 2013, which caused a loss to the United States of $121,548.  Hernandez admitted that he falsified returns for his clients by improperly claiming Head of Household filing status, adding false dependents, and claiming false exemptions and credits, all of which had the effect of fraudulently reducing the amount of taxes his clients owed and increasing the amount of their tax refunds.    

     Last week, Elias Bermudez, another long-time Phoenix tax preparer, was sentenced to 18 months in prison and ordered to pay $131,651 in restitution to the United States for preparing false tax returns.       

     The investigation in this case was conducted by the Internal Revenue Service – Criminal Investigation.  The prosecution was handled by Jillian Besancon and Bridget Minder, Assistant U.S. Attorneys, District of Arizona, Phoenix.

 

CASE NUMBER:                 CR-18-00416-PHX-DJH

RELEASE NUMBER:           2019-020_Hernandez

 

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PHOENIX– Darrell E. McCoy, 51, formerly of Scottsdale, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes yesterday to 6 months’ home confinement and five years’ probation.  This sentencing follows McCoy’s conviction on Nov. 2, 2018, after a jury trial where he was convicted of two counts of abusive sexual contact with a ward.

     McCoy, a 17-year employee at the federal Bureau of Prisons Federal Correctional Institution, Phoenix, developed a romantic relationship with an inmate whom he supervised on a work crew.  Between Sept. 29 and Dec. 15, 2016, McCoy had sexual contact with the inmate in different locations on the prison grounds.  After the inmate released to a halfway house, McCoy continued to communicate with the inmate via text messages, and also gave the inmate love notes.  McCoy no longer works at the prison.

     At the sentencing hearing, Judge Rayes noted the great power disparity over inmates by guards, leaving no way to characterize a romantic relationship in those circumstances as free choice. 

     The investigation in this case was conducted by the U.S. Department of Justice, Office of the Inspector General.  The prosecution was handled by Gayle Helart and Monica Edelstein, Assistant U.S. Attorneys, District of Arizona, Phoenix.

 

CASE NUMBER:                  CR-2:17-cr-01410-DLR-1

RELEASE NUMBER:           2019-018_McCoy

 

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PHOENIX – Yesterday, Justine Renee Kirklen, 33, of Bullhead City, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes to 30 months in prison followed by three years of supervised release.  Kirklen had previously pleaded guilty to child abuse. 

     Kirklen admitted to child abuse by causing the victim to become submerged under water after taking her into Lake Mead. The incident occurred within the confines of the Lake Mead National Recreation Center.  Timely response and intervention by National Park Service Rangers and the Bullhead City Police Department ensured the victim received immediate medical care. 

     The investigation in this case was conducted by the National Park Service, Investigative Services Branch.  The prosecution was handled by Christine Ducat Keller, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:          CR-18-8258-PCT-DLR

RELEASE NUMBER:    2019-018_Kirklen

 

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PHOENIX – Today, Giordano Jackson, 40, of Teesto, Ariz., was sentenced by U.S. District Judge Diane J. Humetewa to life imprisonment for the murder of the victim.  Jackson was convicted at a jury trial in November 2018 on all charges, including first degree murder, two counts of assault with a dangerous weapon, assault resulting in serious bodily injury, and kidnapping.  In addition to life imprisonment for the murder, Judge Humetewa also sentenced Jackson to ten years’ prison for every other count for which he was convicted.

     Jackson, a violent criminal with multiple felony assault convictions in his past, had a history of committing domestic violence against the victim.  In July 2017, Jackson beat the victim and dragged her by her hair with enough force to pull chunks of hair out of her head.  Then, in September 2017, Jackson brutally beat the victim to death outside his house in Teesto.  When Navajo Nation Police Officers arrived to investigate, Jackson was lying in wait and assaulted two of the officers with a machete.  Both Jackson and the victim are members of the Navajo Nation, as are the responding police officers that Jackson assaulted, and the crimes all occurred on the Navajo Nation Indian Reservation.

     At the sentencing hearing, the victim was described as a beloved mother, daughter, and friend and a cherished member of her community.  Judge Humetewa noted that the victim had endured “the most brutal death that one can imagine” and concluded:  “There comes a time when a person forfeits his right to walk among society.  Mr. Jackson, your time has come.”

     The investigation in this case was conducted by the Federal Bureau of Investigation.  The prosecution was handled by Assistant U.S. Attorneys William G. Voit and Sharon K. Sexton, District of Arizona, Phoenix.

 

CASE NUMBER:          CR-17-08242-DJH

RELEASE NUMBER:    2019-017_Jackson

 

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PHOENIX– Last week, Elias Bermudez, 68, of Phoenix, Ariz., was sentenced by U.S. District Judge Diane J. Humetewa to 18 months in prison and ordered to pay $131,651 in restitution to the United States.

     Bermudez worked as a tax preparer in Arizona for over 20 years and owned a tax preparation and immigration services business called The Help Center (aka El Centro de Ayuda), which prepared approximately 3,000 to 4,000 income tax returns each year between 2007-2010.  Bermudez admitted to filing fraudulent tax returns by including the Additional Child Tax Credit when he knew the credit didn’t apply.  His fraudulent tax filings caused a loss to the United States of $131,651.

     The investigation in this case was conducted by the Internal Revenue Service – Criminal Investigation.  The prosecution was handled by Andrew C. Stone and Bridget Minder, Assistant U.S. Attorneys, District of Arizona, Phoenix.

 

CASE NUMBER:                  CR-17-01301-PHX-DJH

RELEASE NUMBER:           2019-016_Bermudez

 

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PHOENIX – On Feb. 19, 2019, Harry Tsosie, 48, of Blue Gap, Ariz. and Jeremy Tsosie, 38, of Smoke Signal, Ariz., both members of the Navajo Nation, were each sentenced by U.S. District Judge Susan M. Brnovich to 84 months in prison, followed by a term of three years of supervised release.  Harry and Jeremy Tsosie had previously pleaded guilty to assault with a dangerous weapon.  

     On Jan. 14, 2017, Harry and Jeremy Tsosie tracked down the victim in the Whippoorwill Housing area on the Navajo Nation Indian Reservation and shot the victim in the chest causing serious bodily injuries.  The victim is also member of the Navajo Nation.                

     The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Department of Law Enforcement.  The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.

 

CASE NUMBER:          CR-08259-PCT-SMB     

RELEASE NUMBER:    2019-015_Tsosie

 

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PHOENIX – On Feb. 11, 2019, Ryan Patrick Michell, 39, of Phoenix, Ariz., was sentenced by U.S. District Judge Hon. G. Murray Snow to 30 months’ incarceration, followed by three year supervised release.  On Sept. 27, 2018, a federal jury found Michell guilty of two counts of felon in possession of a firearm and ammunition.

     In October 2017, the Federal Bureau of Investigation (FBI) began to investigate Michell after an attempted suspicious purchase of potassium cyanide from an online marketplace. 

     The testimony at trial showed that on Nov. 27, 2017, Michell sold a Norinco SKS 7.62 x 39 rifle, along with four high-capacity round magazines, and one-hundred rounds of 7.62x39 ammunition to a buyer on backpage.com. On Dec. 1, 2017, the FBI served a search warrant on Michell’s Phoenix home and discovered four rounds of .338 Lapua ammunition.  Michell was not legally permitted to possess firearms or ammunition due to three prior felony convictions in the State of Arizona.

     The investigation was conducted by the Federal Bureau of Investigation, U.S. Postal Service, Tempe Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution was handled by Assistant U.S. Attorney Kristen Brook, District of Arizona, Phoenix.

 

CASE NUMBER:          CR-17-01690-PHX-GMS 

RELEASE NUMBER:    2019-014_Michell

 

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TUCSON, Ariz. – Yesterday, Josue Eduardo Cota, 33, of Douglas, Ariz., was sentenced by U.S. District Judge Rosemary Marquez to serve 720 months in prison.  Cota’s term of imprisonment will be followed by lifetime supervised release, with stringent sex offender conditions, including the condition that he register as a sex offender, if he is released from prison.

     In February of 2017, Homeland Security Investigations discovered videos showing sexual abuse of pre-pubescent children while reviewing evidence from a child exploitation case in Canada.  Agents tracked the distribution of the videos to a person in Douglas, Ariz., and determined that Cota, a former corrections officer in Douglas, had been producing sexually explicit videos of multiple children and distributing them online.  On Nov. 30, 2017, Cota pleaded guilty to eight counts of production of child pornography.  Cota’s sentence, was aggravated by the facts that he sexually abused very young children and had engaged in a pattern of sexual exploitation of minors, which he shared with others through distribution of the videos.

     This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by United States Attorneys’ Offices and the 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 www.projectsafechildhood.gov.

     The investigation in this case was conducted by Homeland Security Investigations, Douglas Office. The prosecution was handled by Carin C. Duryee, District of Arizona, Tucson.

 

CASE NUMBER:          CR-17-0685-TUC-RM   

RELEASE NUMBER:    2019-013_Cota

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