District of Arizona

PHOENIX, Ariz. – During two weeks of enforcement operations from January 21, 2025, through February 3, 2025, the U.S. Attorney’s Office for the District of Arizona has brought immigration-related criminal charges against over 500 defendants. Specifically, the Office charged 565 defendants with immigration-related crimes. These cases were referred or supported by federal law enforcement partners, including Immigration and Customs Enforcement’s Enforcement and Removal Operations (ICE ERO), ICE Homeland Security Investigations (HSI), U.S. Border Patrol, the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the U.S. Marshals Service (USMS), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Apart from interdiction efforts at the border, Federal law enforcement has been prioritizing immigration enforcement operations and prosecutions of aliens unlawfully in the interior of the country who have connections to criminal activity in the United States, including those who commit drug and firearms crimes, who have serious criminal records, who have active warrants for their arrest, or who have outstanding final orders of removal from the United States issued by an immigration judge. Federal authorities have also been prioritizing investigations and prosecutions against drug, firearms, and alien smugglers and those who endanger and threaten the safety of  our communities and the law enforcement officers who protect us all.

Recent matters of interest include:

United States v. Edwin Santiago Marquez Flores: On January 27, 2025, Edwin Santiago Marquez Flores was under surveillance by HSI special agents on suspicion of engaging in human smuggling activity via social media. During a traffic stop, Marquez was found to be illegally in possession of two Century Arms AK47-style rifles, along with over $1,400 in U.S. currency. He was charged by criminal complaint with being an Alien in Possession of a Firearm in violation of 18 U.S.C. § 922(g)(5). Marquez admitted to being in the United States without legal status and admitted that he picked up the rifles with the intention that they be smuggled into Mexico. Marquez further admitted that he had sold approximately 50 firearms, including 40 to one specific individual who smuggles them to Mexico. He also admitted to transporting and selling cocaine in the United States and to coordinating approximately 300 drivers to smuggle approximately 800-1,000 illegal aliens within the United States. In total, Marquez said he was paid over $1.2 million for his smuggling activities. Case No. 25-3007 MJ.

United States v. Jason Kyle Dunn: On January 31, 2025, Jason Kyle Dunn, a U.S. Citizen, was charged with smuggling aliens in violation of 8 U.S.C. § 1324. Dunn was encountered at a U.S. Border Patrol immigration checkpoint on Interstate 19, driving a Ford F-550. After a human-detecting canine alerted to the vehicle, aliens were found concealed inside toolboxes in the bed of the truck. Specifically, Border Patrol found one subject locked in the driver’s side toolbox, two locked in the passenger side toolbox, and three locked in the main toolbox. The smuggled aliens reported they had no way of opening the toolboxes from the inside and that they had been locked inside the toolboxes for up to two hours before being rescued by Border Patrol. Case No. 25-8428 MJ.

United States v. Alfonso Garcia Vega: On February 2, 2025, ICE ERO Phoenix arrested Alfonso Garcia Vega, a Mexican citizen and criminal alien, who had previously been removed after a federal felony conviction and had unlawfully returned to the United States. Vega was charged by criminal complaint for illegal reentry after deportation in violation of 8 U.S.C. § 1326(a), as enhanced by 8 U.S.C. § 1326(b) because of his prior felony convictions in the United States. Court papers in that prior case reflect that Garcia Vega’s criminal history includes DUIs, assault, illegal reentry, a drug trafficking offense, and misconduct involving weapons. See United States v. Alfonso Garcia-Vega, No. CR-19-00198-PHX-DLR. ICE ERO began its investigation in this matter based on a referral from ATF that Garcia Vega had previously attempted to illegally buy a firearm in the United States, and which purchase had been denied. Garcia Vega had been deported from the United States in 2020 pursuant to a final order of removal issued by an immigration judge after his 2019 federal felony conviction, for which he was sentenced to two years in custody. ICE officers attempted to consensually encounter and arrest Garcia Vega while he was on the sidewalk in front of his residence, but he fled into his residence in an attempt to avoid arrest. ICE ERO then obtained an arrest warrant to enter the residence. Case No. 25-3078 MJ.

A criminal complaint is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

CASE NUMBER:            25-3007 MJ       
                                      25-8428 MJ  
                                      25-3078 MJ                                       
RELEASE NUMBER:    2025-014_Immmigration Enforcement

PHOENIX, Ariz. – Jose Manuel Arellano-Noriega, 37, a Mexican national living in Phoenix, was arrested in Phoenix on Monday and charged with Possession with the Intent to Distribute More than 400 Grams of Fentanyl.

According to the complaint, investigators with the Drug Enforcement Administration (DEA) Phoenix East Valley Drug Enforcement Task Force were in the area of 43rd Avenue and McDowell Road in Phoenix when they observed a red Fiat 500 traveling approximately 55 miles per hour in a 45 mile per hour zone. Based on the traffic violation, investigators conducted a traffic stop. The driver of the vehicle was identified as Arellano-Noriega based on his Mexican passport. A police canine conducted an open-air sniff of the vehicle and alerted to the presence of narcotics in the vehicle.

Investigators searched the vehicle and located a black backpack which contained a black semi-automatic 9mm handgun with a loaded magazine. During a post-Miranda interview, Arellano-Noriega stated he was the owner of the handgun and informed investigators he was in possession of large amounts of fentanyl pills and fentanyl powder at his apartment. Arellano-Noriega provided investigators verbal and written consent to search his apartment and provided the exact locations of the pills and powder located at his apartment.

In Arellano-Noriega’s apartment, investigators seized seven bricks, weighing over 7,800 grams of a white powdery substance that field tested positive for fentanyl. Investigators also seized approximately 100,000 blue pills which weighed approximately 12,146 grams and that field tested positive for fentanyl.

Possession with the Intent to Distribute More than 400 grams of Fentanyl carries a mandatory minimum penalty of 10 years to life in prison and a fine of up to $10,000,000.

A criminal complaint is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The DEA Phoenix East Valley Drug Enforcement Task Force conducted the investigation in this case. Assistant U.S. Attorney Stuart Zander, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:           MJ-25-0964-PHX-ESW
RELEASE NUMBER:    2025-013_Arellano-Noriega

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An Arizona couple pleaded guilty for causing over $1.2 billion of false and fraudulent claims to be submitted to Medicare and other health insurance programs for expensive, medically unnecessary wound grafts that were applied to elderly and terminally ill patients.

According to court documents, Alexandra Gehrke, 39, and her husband, Jeffrey King, 46, both of Phoenix, conspired with others to orchestrate the massive scheme. Gehrke ran two companies, Apex Medical LLC and Viking Medical Consultants LLC, that contracted with medically untrained “sales representatives” to locate elderly patients, including hospice patients, who had wounds at any stage and order amniotic wound grafts from a specific graft distributor. Gehrke instructed and financially incentivized the sales representatives to order grafts only in sizes 4x6 centimeters or larger, even if the wound was much smaller, to maximize health insurance reimbursement. Gehrke, through companies she owned and controlled, received over $279 million in illegal kickbacks from the distributor of the grafts in exchange for the orders. Gehrke in turn paid the sales representatives tens of millions of dollars in unlawful kickbacks. Gehrke then referred the patients to a company co-owned by King, which contracted with nurse practitioners to apply the grafts. King’s company fraudulently billed Medicare, TRICARE (the health care program for U.S. service members and their families), CHAMPVA (the health care program for spouses and children of permanently disabled veterans), and commercial insurance plans for the grafts. Gehrke and King, who had no medical training, directed the nurse practitioners to suspend their own medical judgment and apply all grafts ordered by the sales representatives, even when medically unreasonable and unnecessary, which resulted in the application of grafts to infected wounds, wounds that had already healed, and wounds that were not responding to the grafts.

From November 2022 through May 2024, Gehrke, King, and others, through companies they owned, operated, and controlled, submitted $1,212,005,778 in false and fraudulent claims to health insurance plans. This included over $960 million in false and fraudulent claims to the federal health care programs — Medicare, TRICARE, and CHAMPVA. The federal and private health care insurers paid $614,990,420 based on the false and fraudulent claims.

In their plea agreements, Gehrke and King agreed to pay restitution in the amounts of $614,990,420 and $605,690,110, respectively. They also agreed collectively to forfeit over $410 million in funds that they obtained from the fraud. To date, the government has seized nearly $100 million in assets that Gehrke and King accumulated from the scheme, including bank account balances exceeding $68 million, four luxury vehicles valued over $980,000, $22 million of life insurance annuities, and jewelry and precious metals.

Gehrke pleaded guilty on Oct. 24, 2024, to conspiracy to commit health care fraud and wire fraud. She is scheduled to be sentenced on Feb. 11 and faces a maximum penalty of 20 years in prison. King pleaded guilty on Jan. 31 to conspiracy to commit health care fraud and wire fraud and faces a maximum penalty of 20 years in prison. His sentencing date has not yet been scheduled. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division; U.S. Attorney Gary M. Restaino for the District of Arizona; Acting Special Agent in Charge Sean Burke of the FBI Atlanta Field Office; Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG); Director Kelly Mayo of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS); and Special Agent in Charge Kris Raper of the Department of Veterans Affairs Office of Inspector General (VA-OIG) South Central Field Office made the announcement.

The FBI, HHS-OIG, DCIS, and VA-OIG investigated the case.

Trial Attorney Shane Butland of the National Rapid Response Strike Force of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Matthew Williams for the District of Arizona are prosecuting the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,800 defendants who collectively have billed federal health care programs and private insurers more than $30 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

PHOENIX, Ariz. – Aliyah Robyn Stalder, 24, of Seattle, Washington, was sentenced last week to three years of probation by United States Magistrate Judge Alison S. Bachus for assaulting a flight attendant while on board a commercial flight. During her term of probation, Stalder will not be permitted to travel by commercial aircraft without prior approval and must pay a $5,000 civil penalty imposed by the Federal Aviation Administration. Stalder was also ordered to pay over $8,000 in restitution for her actions. Stalder pleaded guilty on November 14, 2024, to Assault by Striking, Beating, or Wounding on an Aircraft.

On February 9, 2023, Stalder boarded a commercial flight from Seattle to Phoenix. During the flight, Stalder attempted to open multiple cabin doors and ultimately had to be restrained by members of the flight crew and other passengers. During the struggle to restrain Stalder, she assaulted one of the flight attendants.

The Federal Bureau of Investigation and Phoenix Police Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-24-00031-PHX-ASB
RELEASE NUMBER:    2025-011_Stalder

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PHOENIX, Ariz. – Cynthia Solano, 40, of Phoenix, was sentenced this week by United States District Judge G. Murray Snow to 87 months in prison, followed by 36 months of supervised release, for her involvement in a transnational firearm smuggling organization. On August 14, 2024, Solano pleaded guilty to Possession of a Machinegun and Conspiracy to Commit Money Laundering.

Between February 2022 and January 2023, Solano conspired with others to conduct financial transactions which were designed to conceal proceeds generated from the sale of firearms trafficked from the United States into Canada. After the proceeds were received, Solano used the proceeds to purchase additional firearms.

Beginning in late December 2022, Solano gathered 87 firearms in Phoenix which she intended to deliver to other members of the organization in Michigan.  

On January 3, 2023, Solano was driving near Springfield, Illinois when she was contacted by the Illinois State Police. The Illinois State Police troopers searched her vehicle and found 87 firearms, individually wrapped in Christmas wrapping paper. One of the firearms was equipped with a machinegun conversion device (also known as a “Switch”) attached. A machinegun conversion device converts a semi-automatic firearm into a fully automatic firearm.

After Solano was arraigned in Arizona, she was placed on pretrial release. She later removed her electronic monitoring device and fled to Mexico. Through the efforts of the United States Marshals’ Office, she was captured by law enforcement in Mexico and removed to the United States to face prosecution.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.

The OCDETF Arizona Strike Force is comprised of agents and officers from Customs and Border Protection, the Department of Homeland Security, Homeland Security Investigations, the Drug Enforcement Administration, the Federal Bureau of Investigation, Internal Revenue Service Criminal Investigation, the United States Marshals Service, the United States Postal Service, United States Postal Inspection Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Arizona Army National Guard, the Maricopa County Sheriff’s Office, Pima County Sheriff’s Office, and the Scottsdale Police Department. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-23-00408-PHX-GMS
RELEASE NUMBER:    2025-012_Solano

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TUCSON, Ariz. – Sharnesia Latrice Cooley, 31, of Tucson, was sentenced last week by United States District Judge Scott H. Rash to 60 months in prison for Conspiracy to Transport Illegal Aliens for Profit and Transporting Illegal Aliens for Profit. Cooley was found guilty at trial on November 1, 2024.

On February 2, 2024, near Naco, a United States Border Patrol camera operator observed four suspected undocumented noncitizens approach a 2011 Volkswagen Routan. Another Border Patrol agent responded and observed the group get into the Routan. When Border Patrol was able to stop the vehicle, they found that it was only occupied by Cooley, who was the driver, her two-year-old minor son and a co-defendant, Mariana Garcia-Tapia. A search of the area revealed four seriously injured people strewn along the road just east of the San Pedro Bridge. Their injuries were consistent with having jumped from a moving vehicle. It was determined that all four were illegally present within the United States. One of the undocumented noncitizens admitted that they made arrangements to be smuggled into the United States for a sum of money. All four were transported to the hospital with injuries including serious head trauma.

The co-defendant, Garcia-Tapia, pleaded guilty to Conspiracy to Transport Illegal Aliens for Profit Placing in Jeopardy the Life of Any Person on July 10, 2024. She was sentenced on November 15, 2024, to 60 months in prison by Judge Rash with an additional 12 months in prison to run consecutive to her sentence for violating the conditions of her supervised release in a separate case (CR-22-00816-002-PHX-DJH).

Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. Assistant U.S. Attorneys Alicia Renee Quezada and Caroline Allen, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:            CR 24-00910-TUC-SHR
RELEASE NUMBER:    2025-009_Cooley

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TUCSON, Ariz. – The United States Attorney’s Office for the District of Arizona announced today that extensive bilateral cooperation between the United States and Mexico resulted in Mexico’s Attorney General’s Office, Fiscalía General de la República (FGR), conducting a significant enforcement operation last week in Nogales, Sonora to dismantle a prolific transnational drug trafficking organization operating along the U.S.-Mexico border. The operation resulted in the arrest of two individuals in Mexico including the leader of the organization, Heriberto Jacobo Perez, and another member of the organization, Jesus Bernardo Rodriguez. Mexican authorities also seized four vehicles, two buildings, two firearms currency, a large number of fentanyl pills, and other controlled substances.  

Six U.S.-based coordinators and operators with alleged ties to the same drug trafficking organization have been indicted. Rafael Alonso Arriaga, Fernando Garcia-Ibarra, Socorro Rascon, Emmanuel Sotelo-Salazar, Jostan Nathanae Vega-Ochoa, and Rosa Elena Peralta-Marrufo, were indicted by a federal grand jury on drug trafficking charges on July 24, 2024. Sotelo-Salazar was also indicted for the possession and distribution of a foreign pill press to fabricate fake pills.  Garcia-Ibarra and Vega-Ochoa remain fugitives. Another member of the organization, Eva Angelina De La Torre, was arrested on November 19, 2024, after she was caught attempting to smuggle fentanyl pills into the United States at the Mariposa Port of Entry in Nogales, Arizona.

“Dismantling transnational crime requires cross-border cooperation,” said United States Attorney Gary Restaino.  “This is simply tremendous work by career civil servants with the Department of Justice in coordinating efforts with Mexican prosecutors to take down this criminal organization on both sides of the border.”

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Drug Enforcement Administration (DEA) - Nogales led the investigation in the United States, working in concert with Homeland Security Investigations – Nogales, the United States Marshals Service, and U.S. Customs and Border Protection. Support by DEA-Mexico City, and FGR’s Agencia de Investigación Criminal was critical in providing coordination between United States and Mexican law enforcement agencies. Through funding support from the Department of State’s Bureau of International Narcotics and Law Enforcement Affairs, the Justice Department’s Office of Overseas Prosecutorial Development, Assistance and Training provided valuable assistance. The United States Attorney’s Office, District of Arizona, Tucson, is prosecuting the seven individuals named above.
 

CASE NUMBER:           CR-24-04681-TUC-JGZ
RELEASE NUMBER:    2025-110_Heriberto Jacobo Perez, et al.

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TUCSON, Ariz. – Ahmed Mahad Mohamed, 27, and Abdi Yemeni Hussein, 26, both citizens of Somalia who were living in Tucson at the time of the offense, were sentenced last week by Chief United States District Judge Jennifer G. Zipps. Mohamed was sentenced to 132 months in prison and Hussein was sentenced to 96 months in prison, followed by lifetime terms of supervised release. Chief Judge Zipps also ordered that both defendants be removed from the United States to Somalia following their sentences of imprisonment. Mohamed and Hussein pleaded guilty to Conspiracy to Provide Material Support and Resources to a Designated Foreign Terrorist Organization, the Islamic State of Iraq and al-Sham (ISIS), on August 1, 2024.

From late 2018 or early 2019 until their arrest on July 26, 2019, Mohamed and Hussein conspired with each other to travel to Egypt for the purpose of fighting for ISIS in the Sinai Peninsula.

Beginning in at least August 2018, Mohamed sought out other ISIS supporters online, stating that he wanted to travel to ISIS-controlled territory to become “the beheading guy” and martyr himself. Mohamed also stated that his only dream was to go to Syria, join ISIS, and “fight jihad,” and he indicated that his friend, Hussein, also desired to travel to ISIS territory abroad. Mohamed and Hussein met in person in 2019 to discuss their plans. Mohamed reiterated that his goal was to fight for ISIS abroad. Hussein told Mohamed that they would either reach ISIS territory “or we go to jail,” and suggested attacking the White House if they were prevented from traveling.

By June 2019, the defendants began making travel arrangements to join ISIS. They both sold their cars and purchased plane tickets from Tucson to Cairo. On the morning of July 26, 2019, the defendants checked in for their flight at the Tucson International Airport, went through security screening, and walked to the departure gate. Mohamed was carrying approximately $10,000 that he and Hussein planned to use for travel expenses and to buy firearms. Once in Egypt, the defendants intended to smuggle themselves into the ISIS-controlled area of the Sinai Peninsula so they could work under the direction and control of ISIS. Before Mohamed and Hussein could board their flight, the FBI arrested them.

The FBI’s Joint Terrorism Task Force conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, and the Department of Justice National Security Division’s Counterterrorism Section handled the prosecution.
 

CASE NUMBER:            CR-19-2162-TUC-JGZ
RELEASE NUMBER:    2025-008_Mohamed

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PHOENIX, Ariz. – Tyshon Andrew Redcloud Norris, 23, of Sacaton, was sentenced on Monday by United States District Judge Susan M. Brnovich to 15 years in prison, followed by three years of supervised release.

On November 12, 2021, Norris, a member of the Gila River Indian Community, shot the victim multiple times and killed him. Norris pleaded guilty on October 29, 2024, to Voluntary Manslaughter.

The Gila River Police Department and the Federal Bureau of Investigation conducted the investigation in this case. The prosecution was handled by Assistant United States Attorneys Raynette Logan and Amanda Tesarek, District of Arizona, Phoenix.

CASE NUMBER:           CR-23-01029-PHX-SMB
RELEASE NUMBER:    2025-007_Norris

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PHOENIX, Ariz. – Hopi Law Enforcement Services (HLES) Officer Tony Pawasiema was honored on Monday at the U.S. Attorney’s Law Enforcement Awards ceremony for his exceptional valor.

Officer Pawasiema was recognized for rendering life-saving aid to a man who shot him. In 2023, Officer Pawasiema was investigating a burglary call in Sichomovi Village on the Hopi Reservation when he was shot in the chest. Officer Pawasiema returned fire, striking his assailant. He then rendered life-saving aid to the shooter until additional help arrived. Fortunately, Officer Pawasiema was not seriously injured.

Officer Pawasiema was celebrated by members of his family, HLES, and tribal leadership.

As one of only a few HLES officers serving a large geographic area, Officer Pawasiema faces a number of challenges. Despite being fired upon more than once in his six-year career, Officer Pawasiema continues to serve the Hopi community with distinction.
 

RELEASE NUMBER:    2025-006_HLES Officer Pawasiema Valor Award

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TUCSON, Ariz. – The United States Attorney’s Office (USAO), with support from law enforcement partners from the Federal Bureau of Investigation (FBI) and Homeland Security Investigations (HSI) offices in Southern Arizona, charged 22 offenders with crimes involving child sex abuse material (CSAM) in Southern Arizona since October 2023.

The crimes include sexual exploitation of minors by way of production, distribution, transportation, and possession of child pornography, which is defined by federal statute as any depiction of a minor engaging in sexually explicit conduct. Each of the offenses is a felony under federal law and results in registration as a sex offender after release from prison.

Updates on recent cases follow:

United States v. David Garmarnik: David Berry Garmarnik was indicted on November 20, 2024, on 20 counts of Attempted Production of Child Pornography, 20 counts of Attempted Enticement and Coercion of a Minor, and five counts of Receipt of Child Pornography. The complaint alleged that in July 2024, law enforcement identified evidence that Garmarnik was using Skype to conduct live streaming shows of child sexual abuse being committed in the Philippines. On December 18, 2024, the District Court held a hearing on the government’s detention appeal, and ordered the defendant detained pending trial.

United States v. Nathan Hinte: Nathan Dean Hinte was indicted on October 2, 2024, on one count of Production of Child Pornography and one count of Distribution of Child Pornography after the investigation showed he reached out in August 2024 to an HSI Special Agent posing undercover as a mother looking to exploit her child. Hinte sent sexually explicit images of children to the undercover agent, and following his arrest, additional investigation revealed that Hinte had produced the explicit images himself. Hinte is detained pending trial.

In United States v. Baron Martin, 20-year-old Baron Martin, of Tucson, was arrested by agents from the FBI for production of child pornography and cyberstalking offenses carried out as part of his participation in online groups associated with domestic terror networks known as 764 and “CVLT.” Following a hearing on January 10, 2025, the Court detained Martin pending trial.

United States v. Eric Lavon Williams and Cori Williams – Eric Williams and his wife Cori Williams, of Pima, were identified by HSI-Douglas in April, 2022, after receiving Cybertips from the National Center for Missing and Exploited Children (NCMEC) about explicit images being uploaded online. Eric Williams was sentenced to 97 months in custody for Distribution of Child Pornography, to be followed by lifetime supervised release. Cori Williams was subsequently sentenced to 36 months in prison on April 17, 2024.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The above cases were 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 U.S. Attorneys’ Offices and CEOS, 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.justice.gov/psc.

CASE NUMBERS:         CR-24-08214-TUC-RM (Garmarnik)
                                      CR-24-06718-TUC-JGZ (Hinte)
                                      CR-22-01660-TUC-RM-LCK (Williams)
                                      CR-25-190-TUC-AMM (Martin)
         
RELEASE NUMBER:    2025-005_PSC Cases

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PHOENIX and TUCSON, Ariz. – The United States Attorney’s Office for the District of Arizona announced the results of the last four years of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

In the District of Arizona, the OCDETF program is a collaboration between the United States Attorney’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Diplomatic Security Service, the Federal Bureau of Investigation, Homeland Security Investigations, the Internal Revenue Service, the U.S. Marshals Service, and the U.S. Postal Inspection Service. The collaboration has resulted in 536 defendants being charged in 174 separate indictments since January 2021.

Representative cases from the OCDETF program over the past four years include:

United States v. Nestor Hernandez-Morales: Hernandez-Morales pleaded guilty to Possession with Intent to Distribute Methamphetamine, Possession of a Firearm in Furtherance of Drug Trafficking Activity, and Attempted Smuggling of Firearms to Promote Drug Trafficking Activity on June 18, 2024, for his role in buying and arranging delivery of high-caliber weapons and ammunition to Mexican drug cartel members. On November 19, 2024, Hernandez-Morales was sentenced to 96 months in federal prison, followed by three years of supervised release.

United States v. Jose Raul Diaz-Acedo: In January 2024, Homeland Security Investigations interdicted an arsenal of weapons and ammunition set to be smuggled into Mexico, including: AR-15 rifles, over 25,000 rounds of military caliber ammunition (including 1,800 rounds of .50 BMG), and 50 auto sears designed to convert rifles into fully automatic machine guns. Diaz-Acedo, the driver of this load, was sentenced to 37 months in prison on December 5, 2024.

United States v. Keivin Crosswell-Cervantes et. al: Three co-conspirators admitted that they delivered approximately 400,000 blue fentanyl pills, approximately 20,000 multi-colored fentanyl pills (“skittles”), and approximately 25 pounds of methamphetamine to undercover officers on September 22, 2022. Law enforcement officers also seized an AK-47-style pistol, a .45 caliber Kimber 1911 semi-automatic pistol with two magazines, and a .45 caliber FN semi-automatic pistol. See October 11, 2022 press release. Keivin Crosswell-Cervantes was sentenced to 17 years in prison for Conspiracy to Distribute Fentanyl and Methamphetamine. Carlos Alberto Castro-Ruiz was sentenced to 11 years and three months in prison and Alexander Ortega-Islas was sentenced to 12 years in prison.

United States v. Maria Mendoza-Mendoza: Maria Mendoza-Mendoza, aka “La Guera,” was a high-level, Honduran-based human smuggling coordinator who, along with co-conspirators throughout Central America, Mexico, and the United States, was responsible for facilitating the illegal entry, transport, and harboring of numerous undocumented noncitizens. Mendoza-Mendoza was extradited from Honduras to the United States to face charges in June 2023. After pleading guilty to Conspiracy to Transport Illegal Aliens for Profit, Mendoza-Mendoza was sentenced to 10 years in prison in May 2024.

United States v. Jesus Ernesto Dessens-Romero: A federal jury convicted Dessens-Romero for his role as a human smuggling foot guide in an incident involving a migrant death. Dessens-Romero led a group of migrants on a perilous route through the mountains. When the victim became extremely ill, Dessens-Romero left her behind and continued with the other migrants until they were picked up by unidentified co-conspirators. The victim died; her remains were not discovered until nine months later. Dessens-Romero was convicted at trial and sentenced to 10 years in prison in July 2024.

United States v. Peter Vega: A federal grand jury indicted Vega for his role as a leader of a drug trafficking organization that distributed methamphetamine and fentanyl throughout the United States. Vega coordinated the shipping of methamphetamine and transportation of fentanyl and the laundering of the proceeds from the drug sales. After being indicted, Vega fled to Mexico. Through international cooperation, Vega was apprehended in Mexico and deported back to the United States in January 2023. Vega pleaded guilty to drug and laundering charges and was sentenced to 15 years in prison in June 2024.

United States v. Luis Salvador Flores: In October 2022, Luis Salvador Flores was sentenced to 84 months in prison, followed by 36 months of supervised release, after previously pleading guilty to Possession of Firearms by a Convicted Felon. Law enforcement officers from the Pima County Sheriff’s Department stopped Flores for a suspected traffic code infraction as he was driving to oversee a methamphetamine sale in Tucson. Inside of Flores’s vehicle, officers found numerous weapons, as well as magazines and ammunition. Flores intended to provide “security” for the drug deal, which was anticipated to involve approximately 200 pounds of methamphetamine. The intended transaction never occurred because Flores was intercepted by the law enforcement officers as he was enroute to the drug deal location.

United States v. Hector Francisco Ramirez-Roman: Ramirez-Roman, a commercial truck driver, pleaded guilty to Possession with Intent to Distribute 50 Grams or More of a Mixture or Substance Containing a Detectable Amount of Methamphetamine. He had attempted to transport 332 kilograms of liquid methamphetamine in the gas tank of his tractor-trailer, but U.S. Customs and Border Protection agents discovered the methamphetamine when he was stopped for inspection as he was crossing from Mexico into the United States. In July 2023, he was sentenced to 108 months in prison, followed by 48 months of supervised release.

United States v. Martin Garcia-Velazquez, et al.: Garcia-Velazquez was convicted of Conspiracy to Transport and Harbor Illegal Aliens for Profit for his leadership role in organizing the transportation of at least 1,000 undocumented noncitizens from the Mexico border to houses in and around Phoenix over several years. In March 2024, he was sentenced to 90 months in prison, followed by 36 months of supervised release. As a result of this multi-year investigation, federal agents seized and forfeited over $1 million, numerous firearms, with accompanying magazines and ammunition, and five vehicles.

United States v. Enrique Flores-Diaz, et al.:Flores-Diaz pleaded guilty to Conspiracy to Possess with Intent to Distribute Fentanyl for his part in a plan to sell approximately 90,000 counterfeit oxycodone pills containing fentanyl with three other persons. In February 2023, Flores-Diaz was sentenced to 78 months in federal prison. In December 2023, one co-conspirator was sentenced to 144 months in prison, for his role in the plan to distribute the counterfeit pills containing fentanyl and his unlawful possession of a firearm.

United States v Dennis Kelly, et al.: A federal grand jury indicted Kelly and multiple co-conspirators for Conspiracy to Distribute Fentanyl and Methamphetamine, Possession with Intent to Distribute Fentanyl and Methamphetamine, and International Money Laundering in May of 2022. Kelly supervised and directed several co-conspirators to distribute large quantities of methamphetamine and fentanyl on his behalf between November 2020 and August 2021. Kelly pleaded guilty to all three charges and received a sentence of 14 years in prison in June 2024.

United States v Jesus Hector Lagarda-Gil: Lagarda-Gil was sentenced to 11 years in prison in January of 2024 after pleading guilty to Conspiracy to Distribute Methamphetamine. Lagarda-Gil negotiated and coordinated the delivery of over 300 pounds of methamphetamine to undercover agents during a four-month period in 2022.

United States v. Charles Corey McCoy: In June 2023, McCoy was sentenced to 180 months in prison and five years of supervised release. McCoy had previously pleaded guilty to Conspiracy to Possess with Intent to Distribute 500 Grams of More of Methamphetamine and Conspiracy to Commit Money Laundering in November 2022.

United States v. Oscar Martinez-Miranda et al.: A federal grand jury indicted Martinez-Miranda and Jesus Ruiz-Reyes in March 2023 for Conspiracy to Distribute Controlled Substances and Possession with Intent to Distribute Methamphetamine, Cocaine, and Heroin. Investigators seized over 52 kilograms of methamphetamine, 1.3 kilograms of cocaine, and 1 kilogram of heroin. Both defendants pleaded guilty in 2023. Martinez-Miranda was sentenced to 108 months in prison in January 2024 and Ruiz-Reyes was sentenced to 96 months in prison in May 2024.

United States v. Yvette Porras-Ochoa: Porras-Ochoa was indicted by a federal grand jury for her role as a supervisor of a drug trafficking and money laundering organization involved in the distribution of cocaine and prescription drugs. Porras-Ochoa pleaded guilty to Conspiracy to Possess with Intent to Distribute 50 Grams or More of Cocaine, Conspiracy to Possess with Intent to Distribute Prescription Controlled Substances Oxycodone and Promethazine-Codeine, and Conspiracy to Commit Money Laundering in August 2024. She was sentenced to 15 years in prison in December 2024.

United States v. Gabriel Vejar-Cota: A federal grand jury indicted Vejar-Cota who was involved in the operation of a stash house in Phoenix where investigators recovered 49.855 kilograms of cocaine, 14.82 kilograms of methamphetamine, approximately two kilograms of fentanyl, approximately one kilogram of heroin, $19,970, and two firearms. Vejar-Cota pleaded guilty to Conspiracy to Possess with Intent to Distribute 500 Grams or More of a Mixture or Containing a Detectable Amount of Cocaine and 50 Grams or More of a Mixture or Substance Containing a Detectable Amount of Methamphetamine in October 2023. He was sentenced to over 10 years in prison in April 2024.

United States v. Jose Angel Rodriguez: A federal grand jury indicted Rodriguez for his role as a supervisor of a drug trafficking and money laundering organization involved in the cross-country distribution of methamphetamine and fentanyl. Rodriguez pleaded guilty to Conspiracy to Possess with Intent to Distribute 40 Grams or More of a Mixture or Containing a Detectable Amount of Fentanyl and 50 Grams or More of a Mixture or Containing a Detectable Amount of Methamphetamine and Conspiracy to Commit Money Laundering in December 2023. He was sentenced to 108 months in prison in October 2024.

United States v. Sally Joyce Nyemba: Nyemba – who was a practicing defense attorney – was indicted by a federal grand jury for her role in negotiating the purchase of two pounds of methamphetamine and 4,000 fentanyl-laced pills. Nyemba pleaded guilty to Attempted Possession with Intent to Distribute Methamphetamine in August 2023. She was sentenced to 18 months in prison in April 2024.

United States v. Heriberto Lopez-Landeros: Lopez-Landeros was responsible for importing large amounts of methamphetamine, fentanyl, and heroin from Mexico and transporting these drugs across the United States. He recruited semi-truck drivers to transport the drugs. During the investigation, agents seized 83 kilograms of methamphetamine, 12 kilograms of fentanyl, and 645 grams of heroin. Lopez-Landeros pleaded guilty to Possession with Intent to Distribute Methamphetamine in August 2024. He was sentenced to 14 years in prison in November 2024.
 

RELEASE NUMBER:    2025-004_OCDETF Program

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PHOENIX, Ariz. – Today, the United States Attorney’s Office announced its immigration enforcement statistics for October 1, 2024, to December 31, 2024. These cases are prosecuted in partnership with the Tucson and Yuma Sectors of the Customs and Border Protection’s U.S. Border Patrol, along with Homeland Security Investigations, and assistance from other federal, state, and county agencies. In the three-month period ending December 31, 2024, the United States brought criminal charges in Arizona against 3,141 individuals who illegally entered or re-entered the United States. In its ongoing effort to deter unlawful immigration, the United States also filed 309 cases against individuals responsible for smuggling undocumented noncitizens to and within the District of Arizona. In this time period, the United States also prosecuted 46 reactive drug cases arising out of immigration ports of entry and checkpoints.

Reducing migrant smuggling and mitigating the risk to communities impacted by these offenses continue to be priorities for the Office and its law enforcement partners. Some of these prosecutions are directed against leaders and coordinators of alien smuggling organizations, including from Mexico and from Colombia, and also including those tied to larger transnational criminal organizations. Alien smugglers can also be home-grown, and it is often citizens of the United States who engage in dangerous crimes that hurt or kill economic migrants. Other prosecutions are aimed at deterring young adult drivers, often recruited over social media platforms, from engaging in this dangerous activity. Prosecutions against young drivers include cases brought against two juvenile smugglers during this time period, and the Office has successfully sought justice against those responsible for the online recruitment.

Protecting law enforcement officers is a key part of border vigilance. During this time period, federal prosecutors brought charges against two defendants accused of assaulting federal officers.

These statistics represent United States Attorney’s Office prosecutions only. The numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
 

RELEASE NUMBER:    2025-002_2024 Fourth Quarter Immigration Enforcement Statistics
 

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PHOENIX, Ariz. – Julius Darnell Dixon, 54, of Phoenix, was sentenced last week by United States District Judge Steven P. Logan to 51 months in prison, followed by 60 months of supervised release, for providing contraband to federal inmates and for a supervised release violation. On October 21, 2024, Dixon pleaded guilty to Conspiracy to Possess with Intent to Distribute a Controlled Substance. The guilty plea also constituted a violation of Dixon’s supervised release for an earlier bank robbery conviction (CR-99-00516-PHX-SPL).

Between February 2023 and April 2024, Dixon conspired with federal inmates at various institutions to mail books to them from bookstores in the Phoenix area containing hidden Suboxone strips. Dixon’s method of using unwitting bookstores to mail the books circumvented prison security, as the books appeared to be purchased by the inmates directly from the bookstores. Investigators identified Dixon by locating communications between Dixon and the inmates after two mailings were intercepted by prison staff. The packages were traced to bookstores in the Phoenix area, where Dixon had given his phone number and, for one mailing, his name and email address.

The Federal Bureau of Investigation, with the assistance of the Bureau of Prisons, conducted the investigation in this case. Assistant U.S. Attorney Patrick E. Chapman, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:          CR-24-00942-PHX-SPL
RELEASE NUMBER:    2025-003_Dixon

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TUCSON, Ariz. – Eric Duane Ridenour, 58, of Douglas, was sentenced yesterday by United States District Judge Scott H. Rash to 438 months in prison. On July 11, 2024, Ridenour was convicted at trial of six arson and hate crimes counts stemming from the burning of two churches on May 22, 2023.

In 2023, Ridenour burned down two churches in Douglas, Arizona: Saint Stephen’s Episcopal Church and First Presbyterian Church. The churches were located on Church Square, a historic district in the border town of Douglas, approximately two hours southeast of Tucson. It is believed to have been the only intersection in the nation containing churches from four different denominations: Southern Baptist, Presbyterian, Episcopal, and Methodist. Trial testimony established that Ridenour intentionally started the fires in both churches because of his hostility towards their practice of having women and members of the LGBTQ community serve in church leadership roles. Ridenour was arrested on May 23, 2023.

“This is a case about two separate arsons and the motivations behind each,” said United States Attorney Gary Restaino. “Defendant burned a church because he disagreed with its position that women and LGBTQ individuals may serve as ministers, and then he burned a second church, in the same historic square, for the same reason. Destruction of religious institutions is abhorrent to our Constitution. I add my voice to the prayers for healing in the Douglas community.”

“ATF is dedicated to protecting the rights of all Americans. We strongly share the same concerns of United States Attorney Restaino and the community. The sentencing of Ridenour is a testament to the collaborative work between all agencies involved in this investigation,” said ATF Phoenix Special Agent in Charge Brendan Iber. “We are proud to provide the expertise of the ATF Certified Fire Investigators (CFI) to assist in this prosecution. We remain committed to seeking justice and ensuring the safety of our community”.

“There is no way to undo the damage Mr. Ridenour caused with his hateful and violent behavior, but we hope this sentence provides some measure of comfort,” said FBI Phoenix Special Agent in Charge Jose A. Perez. “We will continue to work with our law enforcement partners to investigate and ensure those who perpetrate such acts of hate are held accountable.”

Vindicating the victim churches’ rights in this case is part of a larger initiative implemented by this Office. With the creation of a Civil Rights unit in the Civil Division, and the designation of a hate crimes coordinator in the Criminal Divisions, U.S. Attorney Restaino has made the prosecution of hate crimes and the protection of civil rights a cornerstone of his tenure in the Office.

On the civil side, the Office’s two civil rights AUSAs have participated in round tables, community meetings, and convenings with community and faith leaders and city and county officials to listen to community concerns and inform the communities about the work of the Office. On the criminal side, as part of the first cohort announced by Attorney General Merrick Garland in September 2022, the Office has participated in the Department’s United Against Hate (UAH) initiative, an effort designed to address and prevent unlawful acts of hate. For its UAH efforts, the Office has held five large-scale events, presenting on the importance of hate crime reporting to various underrepresented and often-targeted communities in Phoenix and Tucson. The purpose of the events was to hear from each community about its fears and concerns, start a dialogue between the communities and law enforcement, and get the USAO out into the communities it serves.

The initiative has also resulted in increased civil rights prosecutions. Hate crimes and other bias incidents are unique because they have a devastating impact on entire communities. The USAO prosecuted Eric Celaya for providing guns to a person who then used them to shoot two Jewish community members in California. Celaya pleaded guilty and was sentenced to eight months in prison. The Office indicted Mark Adams Prieto for selling guns that he believed would be used in a mass shooting to incite a race war. In addition to hate crime charges, the Office has also prosecuted law enforcement agents for harming those they are sworn to protect, such as former Customs and Border Protection Officer Aaron Mitchell, convicted at trial for Deprivation of Rights Under Color of Law arising out of the kidnaping and sexual assault of a cross-border student. This Office remains committed to investigating all potential hate crimes and color of law violations, and working closely with local and federal law enforcement to determine whether charges are appropriate.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, and the Douglas Police Department conducted the investigation in this case. Assistant U.S. Attorneys Austin Fenwick, Ben Goldberg, and Adam Rossi, District of Arizona, handled the prosecution.

CASE NUMBER:           CR 23-00908-TUC-SHR
RELEASE NUMBER:    2025-001_Ridenour

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TUCSON, Ariz. – Michael Leroy Witt, 56, of Phoenix, was sentenced on December 17, 2024, by United States District Judge John C. Hinderaker to 120 months in prison. On July 11, 2024, Witt was convicted at trial of Assault on a Federal Officer Causing Bodily Injury, Conspiracy to Transport Illegal Aliens for Profit, and Transportation of Illegal Aliens for Profit.

On February 20, 2023, a U.S. Border Patrol agent stopped Witt near Sonoita, on suspicion that Witt was transporting undocumented noncitizens. After Witt stopped and tried to wave the agent past him, the agent approached the driver’s side window and told Witt to turn off the vehicle. Witt did not comply with the agent’s instruction and the agent attempted to turn off the engine. Witt then proceeded to hit the gas pedal while the agent was still hanging onto the car window. The acceleration caused the agent to be dragged alongside the vehicle as it veered into the oncoming lane of traffic. The agent was able to turn the vehicle off and bring it to a stop on the opposite side of the road. In the backseat of the vehicle, Witt had concealed two undocumented noncitizens who were being illegally transported further into the United States.   

Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. Assistant U.S. Attorneys Jennifer H. Berman and Ryan P. DeJoe, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-23-00389-JCH_EJM
RELEASE NUMBER:    2024-182_Witt

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TUCSON, Ariz. – On December 11, 2024, a federal grand jury in Tucson returned an elder fraud indictment against Ahmed Maqbul Syed, 57, and Rupesh Chandra Chintakindi, 27, both citizens of India, for Conspiracy to Commit Money Laundering. Syed was also charged with Conspiracy to Commit Wire Fraud.

The indictment alleges that Syed, Chintakindi, and others conspired to launder fraudulent proceeds derived from schemes targeting elderly victims around the United States, including Arizona. Generally, victims were lured into the schemes when they observed a “pop-up” display on their computer, indicating their computer had been hacked or there was another issue. Victims were directed to contact “tech support” or “government representatives” to resolve the issue. In fact, victims were directed to other conspirators in the scheme who further convinced the victims that their accounts had been hacked and their information had been compromised, which was not true. The conspirators then instructed the victims to withdraw or transfer money by telling them, for example, that they needed to protect their money and accounts.

Victims were directed to purchase gold from various gold dealers and to withdraw cash. They were then told that individuals purporting to be representatives of the government would retrieve the gold and cash from the victims. Victims were also directed to purchase gift cards from various private businesses and transfer the gift card numbers to individuals they were led to believe would help them. At least one victim was also directed to make cash deposits into a bitcoin ATM.

Convictions for Conspiracy to Commit Money Laundering and Conspiracy to Commit Wire Fraud each carry a maximum penalty of 20 years in prison and a $250,000 fine.

Syed has been arrested on the charges, and the Court has ordered him detained pending trial. An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The Federal Bureau of Investigation (Indianapolis and Phoenix Divisions) and the Marana (Arizona) Police Department conducted the investigation. Other local law enforcement agencies from Arizona, Illinois, Wisconsin, Texas, and Indiana also assisted with the investigation. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-24-08825-TUC-JCH
RELEASE NUMBER:    2024-181_Syed

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PHOENIX, Ariz. – CoEric Riley, 38, of Mesa, pleaded guilty on Tuesday to Healthcare Fraud. His co-defendant, Britney Gooch, 37, of Mesa, also pleaded guilty to Healthcare Fraud on November 21, 2024. Sentencing for Riley and Gooch is scheduled for February 21, 2025, before United States District Judge Krissa M. Lanham.

Riley and Gooch admitted that they defrauded the Arizona Health Care Cost Containment System (AHCCCS), Arizona’s Medicaid agency, through their company New Horizons Behavioral Health, a behavioral health clinic in Mesa, Arizona. They further admitted that through New Horizons, they exploited AHCCCS’s American Indian Health Program (AIHP) by falsely billing for services that were not provided to AIHP patients. As a result of the fraudulent billing submissions, Riley and Gooch obtained approximately $3.3 million in illegitimate proceeds from AHCCCS.

A conviction for Healthcare Fraud carries a maximum penalty of 10 years in prison and a fine of up to $250,000, or both.

The Federal Bureau of Investigation – Phoenix Division conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
 

CASE NUMBER:           CR-24-01794-PHX-KML
RELEASE NUMBER:    2024-179_Riley and Gooch

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PHOENIX, Ariz. – On Tuesday, a federal grand jury indicted Manuel Tamayo-Torres, of Tolleson, on four counts of False Statement During the Purchase of a Firearm, one count of Threats Against the President and Successors to the Presidency, one count of Interstate Threatening Communications, and one count of Possession of a Firearm by a Person Subject to an Order of Protection.

According to the complaint, Tamayo-Torres was convicted in 2003 in California for Assault with Great Bodily Injury, a felony. In July 2023 a court in Arizona issued an order of protection against him, in effect for two years, which restrains him from harassing, stalking or threatening his ex-wife.  Both the conviction and the order of protection prohibited his possession of firearms. Despite this, in November 2023, Tamayo-Torres attempted to purchase firearms on two separate occasions, falsely stating he had not been convicted of a felony and was not subject to an order of protection.

The complaint also alleges that in November 2024 Tamayo-Torres made postings on a social media platform threating to harm the President-elect of the United States, including that he was going to kill the President-elect and do violence to his family. In at least one of his posts, Tamayo-Torres displayed a firearm in the context of making threatening statements. That firearm, as well as others, were later located in his home.

A conviction for any of the following: False Statement During the Purchase of a Firearm, Threats Against the President and Successors to the Presidency, or Interstate Threatening Communications carries a maximum penalty of five years in prison and a fine of up to $250,000, or both. A conviction for Possession of a Firearm by a Prohibited Person carries a maximum penalty of 15 years in prison and a fine of up to $250,000, or both.

Tamayo-Torres was previously arrested on the complaint in San Diego on November 25, 2024, and he remains detained pending a detention hearing in the District of Arizona.  An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, Phoenix Field Division, and the United States Secret Service, Phoenix Field Office, are conducting the investigation in this case, with valuable assistance provided by the United States Marshals Service and the United States Attorney’s Office in the Southern District of California. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
 

CASE NUMBER:           CR-24-2063-PHX-SMB
RELEASE NUMBER:    2024-180_Tamayo-Torres

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PHOENIX, Ariz. – Frank John Kinale, III, 38, of Parker, was sentenced last week by United States District Judge Douglas L. Rayes to 30 months in prison, followed by three years of supervised release. Kinale pleaded guilty to Child Abuse on September 3, 2024.

On September 21, 2021, Kinale drove while he was intoxicated with two minor victims in his vehicle and caused a single-vehicle rollover crash. The minor victims were injured as a result of the crash. The crash occurred on the Colorado River Indian Tribes (CRIT) Indian Reservation and Kinale and the victims are enrolled members of the CRIT Tribe.

The Federal Bureau of Investigation and the Colorado River Indian Tribes Police Department conducted the investigation in this case. Assistant U.S. Attorney, Christina J. Reid-Moore, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-24-00522-PHX-DLR
RELEASE NUMBER:    2024-178_Kinale

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Una ciudadana mexicana extraditada a Estados Unidos desde México en 2023 se declaró hoy culpable de liderar una conspiración de contrabando de personas que operaba en Mexicali, en la frontera entre Estados Unidos y México, durante varios años.

Según los documentos judiciales, Ofelia Hernández-Salas, de 63 años, dirigía una organización de contrabando de personas que facilitó el viaje de más de 100 migrantes a Estados Unidos desde Bangladés, Yemen, Pakistán, Eritrea, India, Emiratos Árabes Unidos, Uzbekistán, Rusia, Egipto, Brasil, Perú, Ecuador, Colombia, Costa Rica, Nicaragua, Honduras, El Salvador, Guatemala y México y a través de esos países. La organización de Hernández-Salas cobraba a los migrantes hasta decenas de miles de dólares por realizar el viaje y les indicaba por dónde cruzar ilegalmente la frontera con Estados Unidos, incluso proporcionándoles una escalera para saltar la valla fronteriza. Hernández-Salas y sus cómplices iban armados con pistolas y cuchillos y también robaban dinero y efectos personales a los migrantes.

“Hernández-Salas se ha declarado culpable de dirigir una organización delictiva que introducía clandestinamente en Estados Unidos a migrantes procedentes de más de una docena de países”, declaró el fiscal general Merrick B. Garland. “Su declaración de culpabilidad es el ejemplo más reciente del largo alcance y el compromiso inquebrantable de la Fuerza de Tarea Conjunta Alpha (JTFA) para llevar ante la justicia a los líderes de las operaciones de contrabando de personas que victimizan a los migrantes con fines de lucro y ponen en peligro nuestra seguridad nacional”.

“Los contrabandistas de personas son despiadados: mienten, roban y ponen en grave peligro a sus víctimas, sembrando la muerte y la devastación en toda nuestra región”, declaró el secretario de Seguridad Nacional, Alejandro N. Mayorkas. “El Departamento de Seguridad Nacional (DHS) seguirá trabajando con nuestros socios federales e internacionales para ayudar a desmantelar las operaciones de contrabando de personas y llevar a los autores ante la justicia”.

“Pusimos en marcha la JTFA hace tres años para desarticular las redes de tráfico de seres humanos que causan miseria en todo el Hemisferio Occidental”, declaró la vicefiscal general Lisa Monaco. “Hoy, una líder de una de esas redes se declaró culpable, dejando claro que a quien intente sacar provecho de la desesperación de otros, el sistema de justicia de Estados Unidos le hará responsable”.

“Hernández-Salas dirigía una prolífica organización de contrabando de personas que traía ilegalmente a migrantes de todo el mundo a los Estados Unidos, cobrando a los migrantes miles de dólares, y a menudo robándoles dinero y pertenencias adicionales”, dijo la viceasistente principal del Fiscal General Nicole M. Argentieri, jefa de la División Penal del Departamento de Justicia. Estas operaciones delictivas no sólo violan la legislación estadounidense, sino que también ponen a los inmigrantes en una situación de gran riesgo personal y financiero”. El Departamento de Justicia, a través de la JTFA, se compromete a colaborar con nuestros socios extranjeros encargados de la aplicación de la ley en México y en otros países para desarticular y desmantelar peligrosas organizaciones delictivas transnacionales”.

“La extradición es una herramienta poderosa para que los líderes de las organizaciones delictivas transnacionales rindan cuentas ante la justicia estadounidense”, declaró el fiscal federal del Distrito de Arizona, Gary Restaino. “Pero requiere cooperación y colaboración con nuestros vecinos. Gracias a todas las partes interesadas de la JTFA en todo el Gobierno Federal por derribar barreras y trabajar de manera proactiva y colegiada con las autoridades mexicanas”.

Hernández-Salas se declaró culpable de conspiración para traer a un extranjero a Estados Unidos y de tres cargos sustantivos de traer a un extranjero a Estados Unidos para beneficio comercial o ganancia financiera privada. Su sentencia está prevista para el 10 de marzo de 2025 y se enfrenta a una pena máxima de 15 años de prisión. Un juez del Tribunal Federal de Distrito determinará la sentencia tras considerar las directrices de Estados Unidos para la imposición de penas y otros factores legales.

En junio de 2023, la Oficina de Control de Activos Extranjeros (OFAC) del Departamento del Tesoro de Estados Unidos impuso las sanciones correspondientes (en inglés) a la organización delictiva transnacional Hernández-Salas.

Hernández-Salas y el coacusado Raúl Saucedo-Huipio, de 50 años, fueron detenidos por las autoridades mexicanas a petición de Estados Unidos en marzo de 2023. Saucedo-Huipio permanece detenido en México.

La Oficina de Investigaciones de Seguridad Nacional (HSI) en Yuma está investigando el caso con la ayuda de la Patrulla Fronteriza de Estados Unidos, la Oficina de Aduanas y Protección Fronteriza (CBP) de Estados Unidos, el Servicio de Inmigración y Control de Aduanas (ICE) de Estados Unidos, el FBI y el Servicio de Alguaciles de Estados Unidos, en colaboración con la oficina de HSI en Tijuana, la INTERPOL y la Unidad contra el Contrabando de Personas de HSI en Washington D. C. El Centro Nacional de Identificación/División de la CBP contra las redes organizadas y la OFAC también han prestado una valiosa ayuda.

El codirector de la JTFA, Jim Hepburn, y el abogado litigante Patrick Jasperse, de la Sección de Derechos Humanos y Procesos Especiales (HRSP) de la División Penal, así como la fiscal federal adjunta Lisa Jennis, del distrito de Arizona, están llevando el caso.

La Oficina de Asuntos Internacionales (OIA) del Departamento de Justicia brindó importante asistencia para conseguir el arresto y extradición de la acusada desde México. El Departamento de Justicia agradece a sus socios policiales, que fueron decisivos para el arresto y la extradición de Hernández-Salas.

La investigación y el procesamiento de Hernández-Salas y de Saucedo-Huipio están siendo coordinadas por medio de la JTFA. La fuerza JTFA fue creada en junio de 2021 por el fiscal general Garland, en asociación con el secretario Mayorkas, para fortalecer los esfuerzos del Departamento de Justicia para combatir el aumento del creciente y peligroso contrabando procedente de América Central que afecta a nuestras comunidades fronterizas. La meta de la JTFA es perturbar y desmantelar el contrabando de seres humanos y las redes de traficantes que operan en El Salvador, Guatemala, Honduras y México, enfocándose en las redes que ponen en peligro, abusan o explotan a migrantes, que plantean riesgos a la seguridad nacional o que participan en otros tipos de delitos transnacionales organizados.

Desde su creación, la JTFA ha incrementado con éxito la coordinación y la colaboración entre el Departamento de Justicia, el DHS y con otras agencias de Estados Unidos encargadas de aplicar la ley, así como con asociados policiales extranjeros, incluyendo de El Salvador, Guatemala, Honduras y México; ha apuntado a las organizaciones que tienen mayor efecto en Estados Unidos y ha coordinado varias importantes acusaciones de contrabando de personas y esfuerzos para la extradición en las fiscalías de Estados Unidos a lo ancho del país. La iniciativa fue ampliada (en inglés) a Colombia y Panamá para combatir el tráfico de seres humanos en la región del Darién. La fuerza JFTA está conformada por personal de las fiscalías federales de Estados Unidos, incluyendo a los distritos Sur y del Oeste de Texas, el distrito de Nuevo México, distrito de Arizona y el distrito Sur de California. El apoyo dedicado a este programa también es proporcionado por numerosos componentes de la División Penal del Departamento de Justicia que son parte de la JFTA, liderados por la HRSP y apoyados por la Oficina de Desarrollo, Asistencia y Capacitación Fiscal en el Extranjero (OPDAT); la Sección de Narcóticos y Drogas Peligrosas; la Sección de lavado de dinero y recuperación de activos; la Oficina de operaciones de aplicación de la Ley; la OIA y la Sección de crímenes violentos y extorsiones.

La JTFA también depende de inversiones sustanciales para aplicar la ley procedentes de DHS, el FBI, la Administración de control de Drogas (DEA) y de otros asociados. Hasta el momento el trabajo de la JTFA ha resultado en más de 345 arrestos en el país e internacionales de líderes, organizadores e importantes facilitadores del contrabando de seres humanos; más de 290 condenas en Estados Unidos; la imposición de 240 importantes sentencias de cárcel y la incautación de importantes activos.

La investigación también tiene el apoyo del programa Grupo Especial contra los Viajes Delictivos Extraterritoriales (ECT), una asociación entre la División Penal del Departamento de Justicia y la Unidad contra el Contrabando de Personas de HSI. El programa ECT se enfoca en las redes dedicadas al contrabando de personas que puedan presentar riesgos particulares a la seguridad nacional o la seguridad pública, así como plantear graves preocupaciones humanitarias. El ECT ha dedicado recursos de investigación, de inteligencia y para el procesamiento. El ECT también coordina y recibe ayuda de otras agencias del Gobierno de Estados Unidos y así como de autoridades policiales en el extranjero.

Esta traducción se proporciona como una cortesía y únicamente debe considerarse fidedigna la fuente original en inglés. 

A Mexican national extradited to the United States from Mexico in 2023 pleaded guilty today to leading a human smuggling conspiracy operating in Mexicali on the U.S.-Mexico border for several years.

According to court documents, Ofelia Hernandez-Salas, 63, led a human smuggling organization that facilitated the travel of more than 100 migrants into the United States from and through Bangladesh, Yemen, Pakistan, Eritrea, India, the United Arab Emirates, Uzbekistan, Russia, Egypt, Brazil, Peru, Ecuador, Colombia, Costa Rica, Nicaragua, Honduras, El Salvador, Guatemala, and Mexico. Hernandez-Salas’ organization charged the migrants as much as tens of thousands of dollars to make the journey and directed the migrants where to illegally cross the border into the United States, including by providing them with a ladder to climb over the border fence. Hernandez-Salas and co-conspirators also robbed the migrants of money and personal belongings while armed with guns and knives.

“Hernandez-Salas has pled guilty to leading a criminal organization that smuggled migrants from more a dozen countries into the United States,” said Attorney General Merrick B. Garland. “Her plea is the latest example of Joint Task Force Alpha (JTFA)’s long reach and unwavering commitment to bringing to justice the leaders of the human smuggling operations that victimize migrants for profit and endanger our national security.”

“Human smugglers are ruthless — they lie to, steal from, and gravely endanger their victims, wreaking death and devastation across our region,” said Secretary of Homeland Security Alejandro N. Mayorkas. “The Department of Homeland Security (DHS) will continue to work with our federal and international partners to help dismantle human smuggling operations and bring perpetrators to justice.”

“We launched JTFA three years ago to disrupt the human smuggling networks that cause misery throughout the Western hemisphere,” said Deputy Attorney General Lisa Monaco. “Today, a leader of one such network pleaded guilty, making clear that if you try to profit from the desperation of others, the U.S. justice system will hold you accountable.”

“Hernandez-Salas ran a prolific human smuggling organization that illegally brought migrants from around the world into the United States — charging the migrants thousands of dollars, and often robbing them of additional money and belongings,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Such criminal operations not only violate U.S. law, but they also put migrants at great personal and financial risk. The Justice Department, through JTFA, is committed to working with our foreign law enforcement partners in Mexico and elsewhere to disrupt and dismantle dangerous transnational criminal organizations.”

“Extradition is a powerful tool to hold leaders of transnational criminal organizations accountable to American justice,” said U.S. Attorney Gary Restaino for the District of Arizona. “But it requires cooperation and collaboration with our neighbors. Thanks to all the stakeholders of JTFA throughout the federal government for breaking down barriers and working proactively and collegially with Mexican authorities.”

Hernandez-Salas pleaded guilty to conspiracy to bring an alien to the United States and three substantive counts of bringing an alien to the United States for commercial benefit or private financial gain. She is scheduled to be sentenced on March 10, 2025, and faces a maximum penalty of 15 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

In June 2023, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) imposed corresponding sanctions on the Hernandez-Salas transnational criminal organization.

Hernandez-Salas and co-defendant Raul Saucedo-Huipio, 50, were arrested by Mexican authorities at the request of the United States in March 2023. Saucedo-Huipio remains in custody in Mexico.

Homeland Security Investigations (HSI) Yuma is investigating the case with assistance from the U.S. Border Patrol, Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, FBI, and U.S. Marshals Service, working in concert with HSI Tijuana, INTERPOL, and the HSI Human Smuggling Unit in Washington, D.C. CBP’s National Targeting Center/Counter Network Division and OFAC also provided valuable assistance.

JTFA Co-Director Jim Hepburn and Trial Attorney Patrick Jasperse of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Lisa Jennis for the District of Arizona are prosecuting the case.

The Justice Department’s Office of International Affairs (OIA) provided significant assistance in securing the defendant’s arrest and extradition from Mexico. The Justice Department thanks its Mexican law enforcement partners, who were instrumental in arresting and extraditing Hernandez-Salas.

The investigation and prosecutions of Hernandez-Salas and Saucedo-Huipio are being coordinated through JTFA. JTFA was created in June 2021 by Attorney General Garland, in partnership with Secretary Mayorkas, to strengthen the Justice Department’s efforts to combat the rise in prolific and dangerous smuggling emanating from Central America and impacting our border communities. JTFA’s goal is to disrupt and dismantle human smuggling and trafficking networks operating in El Salvador, Guatemala, Honduras, and Mexico, with a focus on networks that endanger, abuse, or exploit migrants, present national security risks, or engage in other types of transnational organized crime.

Since its creation, JTFA has successfully increased coordination and collaboration between the Justice Department, DHS, and other U.S. law enforcement agencies, and with foreign law enforcement partners, including in El Salvador, Guatemala, Honduras, and Mexico; targeted those organizations that have the most impact on the United States; and coordinated significant human smuggling indictments and extradition efforts in U.S. Attorneys’ Offices across the country. In June, the initiative was expanded to Colombia and Panama to combat human smuggling in the Darién. JTFA is comprised of detailees from southwest border U.S. Attorneys’ Offices, including the Southern and Western Districts of Texas, District of New Mexico, District of Arizona, and Southern District of California. Dedicated support for the program is also provided by numerous components of the Justice Department’s Criminal Division that are part of JTFA, led by HRSP and supported by the Office of Overseas Prosecutorial Development, Assistance and Training; Narcotic and Dangerous Drug Section; Money Laundering and Asset Recovery Section; Office of Enforcement Operations; OIA; and Violent Crime and Racketeering Section.

JTFA also relies on substantial law enforcement investment from DHS, FBI, Drug Enforcement Administration, and other partners. To date, JTFA’s work has resulted in over 345 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; over 290 U.S. convictions; 240 significant jail sentences imposed; and forfeitures of substantial assets.

This investigation is also supported by the Extraterritorial Criminal Travel Strike Force (ECT) program, a partnership between the Justice Department’s Criminal Division and HSI’s Human Smuggling Unit. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks or raise grave humanitarian concerns. ECT has dedicated investigative, intelligence, and prosecutorial resources. ECT also coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.

PHOENIX, Ariz. –Eleazar Alfredo Gomez, 32, of Casa Grande, a member of the Gila River Indian Community, was sentenced last week by United States District Judge Douglas L. Rayes to 58 months in prison, followed by three years of supervised release. Gomez pleaded guilty on September 10, 2024, to Felon in Possession of a Firearm. This is his second conviction for possessing a firearm as a convicted felon.

On July 23, 2024, Gomez possessed a firearm after having been previously convicted of Assault with a Dangerous Weapon and Felon in Possession of a Firearm (CR-18-01086-PHX-DLR). Gomez was sentenced to 46 months for possessing the firearm in this case, and an additional 12 months for violating his supervised release in the 2018 case.

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

CASE NUMBER:           CR-24-01328-PHX-DLR
RELEASE NUMBER:    2024- 177_Gomez

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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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TUCSON, Ariz. – Thomas Franklin Wilson, also known as “Tee Woopin,” 29, of Tucson, was sentenced last week by United States District Judge Rosemary Márquez to 10 years in prison, followed by five years of supervised release. On March 13, 2024, Wilson pleaded guilty to Distribution of Fentanyl connected to the overdose death of a 17-year-old that occurred in April 2021.

In April 2021, Wilson sold 13 pills to the teen and her friend, which caused the teen to overdose and die from fentanyl toxicity.

Homeland Security Investigations, Bureau of Indian Affairs, and the Tohono O’odham Police Department conducted the investigation in this case. Assistant U.S. Attorney Stefani Hepford, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-22-02452-TUC-RM
RELEASE NUMBER:    2024-176_Wilson

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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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The Justice Department today announced its findings that the State of Arizona’s Department of Child Safety (DCS) violates Title II of the Americans with Disabilities Act (ADA) by discriminating against parents, including foster parents and other caregivers, and children with disabilities.

Following a comprehensive investigation, the department found DCS failed to communicate effectively with parents and children with hearing disabilities, including by not providing interpreters. DCS also failed to reasonably accommodate the needs of parents with disabilities by, for example, not providing information in a simplified form. Finally, DCS denies parents with disabilities an equal chance to participate in and benefit from DCS programs and services.

“Under the ADA, parents and children with disabilities are entitled to fair and equal treatment by child welfare agencies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Over four million parents with disabilities live in the United States, and discriminatory actions by child welfare agencies can have devastating and permanent consequences for parents and children. The Civil Rights Division is committed to ensuring that unlawful discrimination does not interfere with a parent’s opportunity to stay with or be reunited with their child and that separations are not prolonged because a child welfare agency does not give parents the effective communication and reasonable accommodations that the ADA guarantees.”

“Parents and children with disabilities deserve to be treated with dignity,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “Our office will continue to work with the Civil Rights Division to guarantee that parents and children with disabilities are protected under the law, and to ensure that the Department of Child Safety more meaningfully accommodates disabilities in the pursuit of better outcomes for families.”

The department provided written findings in a letter to Arizona and DCS detailing the minimum steps DCS must take to fix the identified violations. The department’s letter explains DCS violates the ADA by denying effective communication and auxiliary aids and services to parents, caregivers and children with hearing disabilities. For example, DCS did not get American Sign Language (ASL) interpreters for deaf and hard of hearing parents, caregivers and children, including during important meetings and when children were removed from their homes. And DCS did not communicate with parents with vision disabilities and other disabilities that affect communication in ways those parents could understand. As a result, parents, caregivers and children with disabilities could not understand what was happening at times during their DCS cases and interactions with DCS.

The letter also documents DCS’s failure to make reasonable accommodations that parents with disabilities need, even though those accommodations could help parents address DCS’ concerns. For instance, DCS had safety concerns when parents with intellectual and developmental disabilities, one of whom also has a vision disability, had trouble making bottles and testing bath water temperature. But DCS did not consider whether simple accommodations could help the parents safely do those tasks, like a bottle with large-print measurements or a digital thermometer that uses colored lights or beeps to alert parents if bathwater is too hot or cold.

Finally, the department found that DCS also does not give parents with disabilities the chance to equally participate in DCS programs and services. For example, DCS relies on stereotypes and unfounded assumptions about parents with disabilities.  In one instance, DCS delayed reunification based only on generalized concerns about whether a mother with autism and attention deficit hyperactivity disorder (ADHD) could safely care for her young child because of her disabilities. But those concerns were based on stereotypes and speculation, not specific things the mother did.

If you or someone you know has a complaint about disability discrimination by DCS, please call 1-888-394-3540 (for TTY, dial 711 first) or file a complaint here. You can find more information about the rights of parents with disabilities here and in joint technical assistance from the Justice Department and Department of Health and Human Services. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov. For more information on the Civil Rights Division, please visit www.justice.gov/crt.

El Departamento de Justicia anunció hoy sus hallazgos que el Departamento de Seguridad del Niño del Estado de Arizona (DCS, por sus siglas en inglés) viola al Título II de la Ley para Estadounidenses con Discapacidades (ADA, por sus siglas en inglés) a través de discriminar contra los padres, incluso los padres de acogida y otros cuidadores, y niños con discapacidades.

Después de una investigación comprehensiva, el departamento halló que DCS no comunicó efectivamente con los padres y niños con discapacidades auditivas, incluso a través de no proporcionar interpretadores. DCS tampoco hizo acomodaciones razonables para las necesidades de los padres con discapacidades a través de, por ejemplo, no brindar información en una forma simplificada. Por fin, DCS niega a los padres con discapacidades una oportunidad igualitaria para participar en y beneficiarse de los programas y servicios de DCS.

“Bajo la ADA, los padres y niños con discapacidades tienen el derecho a tratamiento justo y igualitario por las agencias del bienestar del niño,” comentó la Fiscal General Auxiliar Kristen Clarke de la Sección de Derechos Civiles del Departamento de Justicia. “Más de cuatro millones de padres con discapacidades viven en los Estados Unidos y las acciones discriminatorias pueden tener consecuencias devastadoras y permanentes para los padres y los niños. La División de Derechos Civiles está comprometido con asegurar que la discriminación ilegal no interfiera con la oportunidad del padre ser reunificado con su hijo y que las separaciones no sean prolongadas porque la agencia del bienestar del niño no brinda a los padres la comunicación efectiva y las acomodaciones razonables que la ADA garantiza.”

“Los padres y niños con discapacidades merecen ser tratados con dignidad.” comentó Gary M. Restaino, Fiscal de los Estados Unidos para el Distrito de Arizona. “Nuestra oficina seguirá trabajando con la División de Derechos Civiles para asegurar que los padres y niños con discapacidades estén protegidos bajo la ley y que el Departamento de Seguridad del Niños haga más significativamente acomodaciones a las personas con discapacidades en búsqueda de mejores resultados para las familias.”

El departamento brindó sus hallazgos escritos en una carta dirigida a Arizona y DCS que detalla los pasos mínimos que DCS tiene que tomar para arreglar las violaciones identificadas. La carta del departamento explica que DCS viola a la ADA a través de negar comunicación efectiva y ayudas y servicios auxiliares a los padres, cuidadores, y niños con discapacidades auditivas. Por ejemplo, DCS no proporcionó interpretadores de Lengua de Signos Estadounidense (ASL, por sus signas en inglés) a los padres, cuidadores, y niños sordos y con discapacidad auditiva, incluso durante reuniones importantes y cuando se trasladaban a niños de sus hogares. Y DCS no comunicó con los padres con discapacidades visuales y otras discapacidades que afectan la comunicación en maneras que los padres pudieron entender. Como resultado, los padres, cuidadores, y niños con discapacidades a veces no podían entender lo que estaba pasado durante sus casos de DCS e interacciones con DCS.

La carta también documenta cómo DCS no hizo acomodaciones razonables que los padres con discapacidades necesitaban, a pesar de que esas acomodaciones podrían ayudar atender a las preocupaciones de DCS. Por ejemplo, DCS se preocupaba por motivo de seguridad cuando padres con discapacidades intelectuales y del desarrollo, uno de los que tenía discapacidad visual, tenían dificultad preparando botellas y probando la temperatura de agua de la bañera. Pero DCS no consideró si las acomodaciones sencillas pudieran haberles ayudado realizar estas tareas de manera segura, como una botella con medidas en letra grande o un termómetro digital adaptivo que utiliza luces colorados o tonos para alertar a los padres si el agua de bañera está demasiado caliente o fría. 

Por fin, el Departamento halló que DCS no brinda a los padres con discapacidades una oportunidad igualitaria participar en los programas y servicios de DCS. Por ejemplo, DCS confía en estereotipos y suposiciones infundadas sobre los padres con discapacidades. En una instancia, DCS retrasó la reunificación basado solamente en preocupaciones generalizadas sobre si una madre con autismo y trastorno por déficit de atención con hiperactividad (TDAH, o ADHD por sus siglas en inglés) pudiera cuidar de manera segura a su niño joven por consecuencia de sus discapacidades. Pero estas preocupaciones se basaban en estereotipos y especulación, y no en acciones especificas que tomó la madre.

Si usted o alguien que conoce tiene una queja sobre la discriminación de discapacidad por parte de DCS, por favor llame al 1-888-394-3540 (para TYY, marque 711 primero) o hacer una querella aquí. Usted puede conocer más sobre los derechos de padres con discapacidades aquí y a través de asistencia técnica colectiva del Departamento de Justicia y el Departamento de Salud y Servicios Humanos. Para conocer más sobre la ADA, por favor llame la línea gratuita del Departamento para información sobre la ADA al 1-800-514-0301 (voz) o al 1-833-610-1264 (TTY) o bien visite el sitio web de la ADA en www.ada.gov   Para conocer más sobre la División de Derechos Civiles, por favor visite a www.justice.gov/crt.

TUCSON, Ariz. – Nour Abubakr Nour, 34, of Tucson, was sentenced on December 3, 2024, by United States District Judge Scott H. Rash to 30 months in prison. Nour pleaded guilty to Aiding and Assisting in the Preparation and Presentation of a False Tax Return on December 21, 2023. 

Nour operated a tax return preparation business, known as Skyman Tax, LLC, located in Tucson. For tax years 2016 through 2018, Nour prepared and filed at least 27 false individual federal income tax returns for his clients, which included falsely claimed business income. Using the business income, Nour inflated tax refunds so that he could pay himself large tax return preparation fees. Nour’s clients had no knowledge that Nour was filing false tax returns under their names. Nour was ordered to pay restitution to the United States Treasury in the amount of $150,154.00 for the false tax refunds.

IRS Criminal Investigation conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-23-00516-TUC-SHR
RELEASE NUMBER:    2024-174_Nour

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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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TUCSON, Ariz. – Anthony Joseph Evans, 32, of Tucson, pleaded guilty last week to Officer or Employee of the United States Converting Property of Another. Evans is scheduled to be sentenced on February 19, 2025, before United States District Judge Rosemary Márquez.

Evans admitted that while working as a Special Agent for the United States Secret Service in the Phoenix, Arizona Field Office in early 2022, he accessed cryptocurrency on a hard wallet held in the agency’s secure evidence vault. Evans then transferred the cryptocurrency, worth approximately $56,000, to two wallets he owned or controlled. Evans moved the cryptocurrency through various exchanges, converted most of it into U.S. dollars, and transferred the proceeds to multiple bank accounts he owned. Evans later used the money to pay for personal expenditures, including repayment of debt.

Under the terms of the plea agreement, Evans faces up to a year and a day in prison and is required to pay restitution to the victim for the value of the cryptocurrency, including any appreciation in value incurred prior to sentencing.

The United States Secret Service’s Cyber Investigative Section in Washington, DC conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR 24-6868-TUC-RM
RELEASE NUMBER:    2024-175_Evans

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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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Baron Martin, 20, of Tucson, Arizona, was arrested on Dec. 11 for producing child sexual abuse material and cyberstalking offenses carried out as part of his participation in online violent terror networks known as 764 and CVLT.

“764 remains a dangerous network of violent extremists who systematically target children and weaponize child sexual abuse material for the purpose of furthering an accelerationist agenda, destroying civilized society, and causing the collapse of the U.S. Government,” said Assistant Attorney General for National Security Matthew G. Olsen. “The Department of Justice is fully committed to stopping 764’s acts of terrorism and disrupting the 764 network.”

”The Department’s Project Safe Childhood strives to protect America’s youth, whether from individual stalkers or organized, virtual networks,” said U.S. Attorney Gary Restaino for the District of Arizona. “This case serves not only to deter unlawful conduct, but also to encourage parents and children to remain vigilant and seek help when they encounter predatory and violent activity in the online world.”

“The details in this case are simply horrific as the defendant allegedly coerced children to harm themselves multiple times,” said Executive Assistant Director Robert Wells of the FBI’s National Security Branch. “The FBI’s mission is to protect the American people and we take that especially seriously when it comes to the young and vulnerable. The FBI will use all of our authorities to investigate and hold accountable anyone who preys on children.”

The unsealed complaint alleges that 764 is a network of violent extremists who engage in criminal conduct within the United States and abroad. Those involved with the 764 network, individually and as a network, methodically target vulnerable, underage populations across the United States and the globe by using known online social media communications platforms to support the possession, production, and sharing of extreme gore media and child sexual abuse material (CSAM) with vulnerable, juvenile populations. Members of 764 seek to desensitize young people to violence and break down societal norms regarding violence, and they normalize the possession, production, and sharing of explicit CSAM and gore material to corrupt and groom their victims toward future violence.

Historically, members of 764 systematically target underage females, groom them, extort them, and force them to mutilate themselves or others and either film or photograph such activity, at times while streaming it online for other members of the network. The network members will then commonly edit compilation photographs or videos of their victims, share these photographs or videos on their social media platforms to gain notoriety among other members of the network, and spread fear among their victims all for the purpose of accelerating chaos under the 764 ideology with an aim toward the disruption of society. The network has shifted names over time and spawned known offshoot networks. Although the network moves between social media channels and changes its name, the core goals and membership remain consistent and appear under the overarching threat of 764.

Since approximately 2021, "Convict" has appeared as a participant in chatrooms related to the online terror networks 764 and CVLT. According to the complaint, Martin admitted to using the moniker “Convict” on social media platforms and, on multiple occasions, claimed online to be an owner of 764 and CVLT, teaching 764 members how to extort victims, describing himself as the “king of extortion,” and boasting he was “the catalyst for thousands of extortions” in 764. Martin also created and posted on a social media platform a detailed guide on how to identify, groom, and extort vulnerable juveniles.

The complaint accuses Martin of producing child sex abuse material on Discord, a chat and gaming platform, in September 2022, by making two separate minors self-mutilate for him. On one occasion, Martin had a 13-year-old child cut his name “in every possible place” she could to include her chest, stomach, and thighs, and threatened to “leak” pictures of her if she did not comply. On other occasions, Martin directed this same minor child to cut certain designs into her body to include swastikas and satanic symbols.

Martin also directed another minor victim, 16, on Discord, to scratch herself with her nails, ordering her to "draw blood,” saying “I want it dripping.” He then told her to pour rubbing alcohol over the wounds. Martin later sent three videos of this sadistic abuse of the minor to another Discord user. In the videos, the minor is scratching her forearm with her nails and pouring rubbing alcohol onto the scratches before curling up in apparent pain with a rag in her mouth.

Martin is also accused of cyberstalking a different 13-year-old minor for threats he sent over Discord in September 2022. Martin told this minor victim he put a “hit” on her grandmother, and he solicited individuals to kill the victim’s grandmother. Martin agreed to pay one person $3,000 to kidnap and murder the victim’s grandmother, whose address he provided. The complaint alleges that in a separate server chat, Martin posted the phone numbers of both the minor and her grandmother and told the network to contact both numbers to harass them.

If convicted, Martin faces a penalty of up to 30 years in prison for producing child sexual abuse material and a penalty of up to 10 years in prison for cyberstalking when the victim is a minor and no bodily injury resulted from the conduct. Each offense also carries a fine of up to $250,000 and up to a lifetime of supervised release. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI is investigating the case.

Assistant U.S. Attorneys Liza Granoff and Carin C. Duryée for the District of Arizona and Trial Attorneys Justin Sher and James Donnelly of the National Security Division’s Counterterrorism Section are prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, 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.justice.gov/psc.

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

PHOENIX, Ariz. – Samuel Rappylee Bateman, 48, of Colorado City, was sentenced yesterday by United States District Judge Susan M. Brnovich to 50 years in prison, followed by lifetime supervised release. On April 1, 2024, Bateman pleaded guilty to Conspiracy to Commit Transportation of a Minor for Criminal Sexual Activity and Conspiracy to Commit Kidnapping.  

“Protecting the most vulnerable is our highest calling as prosecutors,” said United States Attorney Gary Restaino. “Many thanks to our dedicated prosecutors and law enforcement colleagues for an expeditious investigation, and to our victim advocates for their focus on services and healing.”

“Every child should feel and be safe in their homes,” said FBI Phoenix Special Agent in Charge Jose A. Perez. “Today’s sentencing brings some closure to the victims with hopes they can confidently continue the long road to living normal lives with trusted and loving adults surrounding them. Protecting our most vulnerable populations, with children at the top of the list, is and will continue to be a high priority for the FBI and our partners.”

Bateman, who represented himself as a religious prophet, was the leader of a years-long child sexual abuse conspiracy that spanned several states and victimized at least 10 children. Beginning in 2019, Bateman amassed followers in Arizona, Utah, Colorado, and Nebraska. In 2020 and 2021, Bateman’s followers gave their minor daughters and wards to him as child “brides” to sexually abuse. The victims were as young as nine years old. Through coercion and manipulation, Bateman regularly forced his victims to participate with him in individual and group sexual activities with adults and other children. He gave one of the victims to an adult male follower to be sexually abused, and on another occasion transmitted a live video stream of child sexual abuse to his followers. Bateman and others transported the victims between states to facilitate the sexual abuse, which continued until Bateman’s arrest on federal charges in September 2022.

Following Bateman’s arrest, his child victims were placed in the legal and physical custody of the Arizona Department of Child Safety. In November 2022, Bateman conspired with some of his followers to kidnap the victims from their custody placements. The conspirators succeeded in taking eight of the girls to California and then to Washington, where they were found by law enforcement and returned to Arizona.

Bateman was charged along with 11 of his adult followers, all of whom have also been convicted of charges related to the child sexual abuse conspiracy. Two of Bateman’s co-defendants were convicted at trial by a jury, and the others were convicted by guilty plea. Several other defendants have already been sentenced, and the remaining defendants will be sentenced in the coming months.

The Federal Bureau of Investigation-Phoenix conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution. The United States Attorney’s Office continues to extend special gratitude to the Arizona Department of Child Safety for its work rescuing and protecting Arizona children impacted by this matter, the Colorado City Police Department, the Iron County (Utah) Sheriff’s Office, the U.S. Marshals Service, and the St. George Resident Agency of the FBI’s Salt Lake City Field Office for their assistance in this matter.
 

CASE NUMBER:           CR-22-8092-PHX-SMB
RELEASE NUMBER:    2024-173_Bateman

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PHOENIX, Ariz. – Yvette Porras-Ochoa, 42, of Wittmann, was sentenced last week by United States District Judge Steven P. Logan to 180 months in prison. Porras-Ochoa pleaded guilty to Conspiracy to Possess with Intent to Distribute 50 grams or more of Cocaine, Conspiracy to Possess with Intent to Distribute Prescription Controlled Substances Oxycodone and Promethazine-Codeine, and Conspiracy to Commit Money Laundering on August 22, 2024.

Porras-Ochoa was the head of an Arizona-based drug trafficking organization responsible for distributing large quantities of cocaine and prescription drugs. To fraudulently obtain the prescription drugs, Porras-Ochoa used an Arizona-licensed medical practitioner’s authorization to prescribe controlled substances and recruited others to pick up prescription drugs from Arizona-based pharmacies. After receiving the prescription drugs, she sold them, as well as cocaine, to out-of-state customers. Porras-Ochoa arranged payment for the drugs in a variety of sophisticated ways so as to avoid detection and subsequently laundered some of the drug proceeds through real estate transactions.

During a year-and-a-half long investigation, investigators were able to seize several large loads of drugs connected with Porras-Ochoa and confirm her involvement in the distribution of 884.2 grams of oxycodone, 33,330 units of promethazine-codeine, 4,690 units of alprazolam, 27,200 units of tramadol, 63,900 units of midazolam, and 2.96 kilograms of cocaine.

This investigation was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

In other words, OCDETF is a holistic approach to prosecuting organized crime. Deterrent criminal justice sentences are only a part of the District’s strategy to dismantle criminal entities. Sometimes, as here, it includes coordination with state and local partners. On other occasions it involves the use of sensitive investigative techniques like court-authorized interceptions of communications, or responsible use of civil and criminal asset forfeiture to disgorge illicit gains, or extradition of leadership from foreign nations, or collaboration with federal regulatory entities like the Financial Crimes Enforcement Network and the Office of Foreign Assets Control.

The Drug Enforcement Administration, Homeland Security Investigations, the Unites States Postal Service, the Arizona Department of Public Safety, and Phoenix Police Department conducted the investigation in this case.
 

CASE NUMBER:          CR-22-1265-PHX-SPL
RELEASE NUMBER:   2024-172_Porras-Ochoa

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TUCSON, Ariz. – Morgan Wayne Siler, 40, of Portsmouth, Virginia, was sentenced last week by United States District Judge Scott H. Rash to two concurrent terms of life in prison. Siler pleaded guilty to Murder and Conspiracy to Murder on September 11, 2024.

On December 18, 2015, at the United States Penitentiary in Tucson, Siler – along with fellow inmate and co-conspirator David Hammer – killed another inmate who was housed at the facility. Siler and Hammer planned the murder in advance. The victim’s cause of death was determined to be from asphyxia and blunt force injuries.

At the time of the murder, Siler was in federal custody for a 2008 conviction stemming from an assault on a Bureau of Prisons corrections officer and a 2005 conviction for a series of retail establishment robberies in Virginia. Siler’s life sentences will run consecutive to the sentences already imposed in those cases. Co-conspirator Hammer passed away in 2019.

The Federal Bureau of Investigation conducted the investigation. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-23-1300-TUC-SHR
RELEASE NUMBER:    2024-171_Siler

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PHOENIX, Ariz. – Heriberto Lopez-Landeros, 44, of Avondale, was sentenced last week by United States District Judge Steven P. Logan to 14 years in prison. Lopez-Landeros pleaded guilty to Possession with Intent to Distribute Methamphetamine on August 5, 2024.

Lopez-Landeros was the head of an Arizona-based drug trafficking organization responsible for importing large quantities of methamphetamine, fentanyl, and heroin from Mexico and transporting drugs across the United States. In order to transport the drugs, Lopez-Landeros recruited semi-truck drivers to transport drugs throughout the United States. The semi-truck drivers often carried the drugs inside the cab of their trucks. During a year-and-a-half long investigation, investigators were able to seize several large loads of drugs connected with Lopez-Landeros, including 83 kilograms of methamphetamine, 12 kilograms of fentanyl, and 645 grams of heroin.

This investigation was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Homeland Security Investigations, the Drug Enforcement Administration, the Arizona Department of Public Safety, and Avondale Police Department conducted the investigation in this case. Assistant U.S. Attorney Ryan McCarthy, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:           CR-23-00212-PHX-SPL
RELEASE NUMBER:    2024-170_Lopez-Landeros

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TUCSON, Ariz. – On November 13, 2024, a federal grand jury indicted Miguel Soto-Morando, of Rio Rico, on one count of Smuggling Ammunition from the United States, Assault on a Federal Officer with a Deadly or Dangerous Weapon, and Possession of Ammunition by a Prohibited Person.

According to the complaint filed in this case, on October 16, 2024, Soto-Morando attempted to leave the United States through the DeConcini Port of Entry in Nogales. After Soto-Morando was referred to secondary inspection, he tried to flee into Mexico. The victim, a United States Customs and Border Protection officer, reached into Soto-Morando’s truck and attempted to prevent Soto-Morando’s escape. With the officer’s arm inside the vehicle, Soto-Morando accelerated toward the gate leading into Mexico but crashed into a pillar located in the United States. The collision caused the officer to be ejected from Soto-Morando’s vehicle.

When Soto-Morando got out of his vehicle, two officers, including the victim officer, discharged their firearms, striking Soto-Morando twice. A subsequent search of a spare tire from the vehicle uncovered 3,140 rounds of ammunition destined for Mexico. Soto-Morando is also alleged to be a convicted felon who is prohibited from possessing firearms or ammunition.

A conviction for Smuggling Goods from the United States carries a maximum penalty of 10 years in prison. A conviction for Assault on a Federal Officer – Deadly or Dangerous Weapon carries a maximum penalty of 20 years in prison. A conviction for Possession of Ammunition by a Prohibited Person carries a maximum penalty of 15 years in prison. Each offense also carries a fine of up to $250,000 and three years of supervised release.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The Federal Bureau of Investigation is conducting the investigation in this case. Assistant United States Attorney Nathaniel J. Walters, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-24-07997-RCC
RELEASE NUMBER:    2024-167_Soto-Morando

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PHOENIX, Ariz. – Tonya Durinda Romero, 37, of Phoenix, was sentenced on November 14, 2024, by United States District Judge John J. Tuchi, to 33 months in prison, followed by three years of supervised release. Romero pleaded guilty to Conspiracy to Transport Illegal Aliens on July 31, 2024.

Romero admitted that she was a member of a conspiracy that transported undocumented noncitizens from southern Arizona to the Phoenix metropolitan area. She was involved in renting stash houses to harbor the noncitizens and providing vehicles to others to transport them further into the United States. Romero was stopped on January 30, 2024, by a Pinal County Sheriff’s Office deputy sheriff because her registration had expired; the deputy also determined that Romero was driving with a suspended license and had no insurance. Romero was arrested and transported to the Casa Grande Border Patrol station for an in-depth interview, during which she admitted to law enforcement that she had been involved in human smuggling since she was 16 years old.

Customs and Border Protection’s United States Border Patrol, Homeland Security Investigations, and the Pinal County Sheriff’s Office conducted the investigation in this case. Assistant U.S. Attorney Lisa E. Jennis, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-24-00346-PHX-JJT
RELEASE NUMBER:    2024-168_Romero

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TUCSON, Ariz. – Jesus Angel Vasquez Balganon, 33, of Mexico, was sentenced on November 21, 2024, by United States Chief District Judge Jennifer G. Zipps to 85 months in prison, followed by three years of supervised release. An order of forfeiture was entered in the amount of $97,229. Vasquez Balganon pleaded guilty on March 14, 2024, to Smuggling Goods from the United States and International Money Laundering.

Vasquez Balganon admitted that, between March of 2018 and January of 2021, and on April 6, 2021, he exported numerous firearms, some of which were recovered in Mexico. He also exported weapons components, ammunition, and accessories.

On April 6, 2021, Vasquez Balganon was arrested at the Port of Entry in Nogales, when he attempted to smuggle high-capacity magazines, concealed in his vehicle, to Mexico. Customs and Border Protection officers found a shopping bag containing nine 30-round AR-15 5.56 caliber high-capacity magazines. Vasquez Balganon stated he knew about the magazines and knew he was prohibited from taking them into Mexico. Vasquez Balganon expected to be paid $100.

Prior to his apprehension and arrest on April 6, 2021, Vasquez Balganon had exported or attempted to export 67 firearms, including a machinegun, an AK-103 style firearm, a Century Arms WASR rifle, and a FN SCAR 17 rifle, as well as 20,000 rounds of ammunition, ammunition links and 208 magazines. Some of the firearms were recovered in Mexico.

All the firearms, weapons components, ammunition, magazines, and accessories are designated on the United States Commerce Control List as prohibited by law for export from the United States into Mexico without a valid license. Neither Vasquez Balganon nor any other individual involved had a license or any other lawful authority to export these items into Mexico.

Vasquez Balganon also admitted that, from February of 2019 to March of 2021, he transferred over $20,000 from a U.S. bank to a bank in Mexico for the purpose of facilitating his illegal smuggling activities.

This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorneys’ Offices to work in partnership with federal, state, local, and tribal law enforcement, and the local community to develop effective, locally based strategies to reduce violent crime.

Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorney Raquel Arellano, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-21-02908-TUC-JGZ
RELEASE NUMBER:    2024-169_Vasquez Balganon

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TUCSON, Ariz. – David Berry Garmarnik, 46, of Tucson, was indicted last week on 20 counts of Attempted Production of Child Pornography, 20 counts of Attempted Enticement and Coercion of a Minor, and five counts of Receipt of Child Pornography.

The indictment alleges that in July 2024, Garmarnik was identified as a suspect in a child exploitation investigation. Law enforcement officers developed evidence that Garmarnik was using Skype to conduct live streaming shows of child sexual abuse being committed in the Philippines. Garmarnik allegedly sent payments to sex traffickers via money service wire transfers, and the sex traffickers and Garmarnik would then conduct the live sex shows. Since 2017, Garmarnik allegedly participated in dozens of shows by directing traffickers on how to sexually abuse children.

Attempted Production of Child Pornography carries a sentence of between 15 and 30 years in prison for each count; Attempted Enticement and Coercion of a Minor carries a sentence of between 10 years to life in prison for each count; and Receipt of Child Pornography carries a sentence of between 5 and 20 years in prison for each count. Each offense also carries a fine of up to $250,000 and at least five years to life of supervised release.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

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 U.S. Attorneys’ Offices and CEOS, 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.justice.gov/psc.

Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorney Nathaniel J. Walters, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:           CR-24-08214-TUC-RM
RELEASE NUMBER:    2024-166_Garmarnik

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PHOENIX, Ariz. – Agustin Julian Sauceda, 38, of Casa Grande, was charged by indictment last week, following a criminal complaint, with nine counts of Producing and Attempting to Produce Child Pornography, five counts of Distributing Child Pornography, and one count of Possessing Child Pornography. At the time, Sauceda was an employee of the Eloy Fire District.

The indictment alleges that on nine dates between August 2, 2022, and July 5, 2024, Sauceda produced child pornography involving a girl who was under the age of 18. Then, on five dates between June 1, 2024, and September 23, 2024, Sauceda distributed child pornography via the BitTorrent file sharing network. On October 30, 2024, Sauceda possessed child pornography on two items—a cell phone and an SD card. 

Each count of Producing Child Pornography carries a minimum sentence of 15 years in prison, and a maximum of 30 years in prison, a fine of up to $250,000, and up to lifetime supervised release. Each count of Distribution of Child Pornography carries a minimum sentence of five years in prison, and a maximum of 20 years in prison, a fine of up to $250,000, and up to lifetime supervised release. Each count of Possession of Child Pornography carries a maximum sentence of 20 years in prison, a fine of up to $250,000, and up to lifetime supervised release.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt.  An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

Homeland Security Investigations is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
 

CASE NUMBER:           CR-24-01898-PHX-SPL
RELEASE NUMBER:    2024-165_Sauceda

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PHOENIX, Ariz. – Yesterday, United States District Judge Dominic W. Lanza sentenced Michael Lee Tomasi, 38, of Rio Verde, to 15 months in prison and 36 months of supervised release. Tomasi also was ordered to forfeit an assault rifle, handgun, shotgun, gun magazines, and thousands of rounds of ammunition. Tomasi pleaded guilty to one count of Making Threats Against Public Officials on August 13, 2024.

“After making vile threats to execute and sexually assault FBI agents and employees, state and local law enforcement officials, and other public servants, Michael Tomasi told the FBI to ‘come to my house and see what happens’ – what has happened is that he will spend 15 months in federal prison,” said Attorney General Merrick B. Garland. “I am grateful to the brave public servants of the FBI for bringing this defendant to justice and for the difficult and dangerous work they do every day to keep the American people safe.”

“Threatening law enforcement officers and other public officials will not be tolerated, whether it involves our own FBI personnel, police officers patrolling their communities, or government officials carrying out their work,” said FBI Director Christopher Wray. “I take it very personally that anyone would threaten FBI personnel who work tirelessly to protect the American people from a variety of threats and often put themselves in harm’s way while carrying out their duties.  We will continue to work with our partners to hold accountable those who threaten violence against law enforcement officers and other public servants.”

“Civil discourse and civic dialogue are fundamental to a democratic society,” said United States Attorney Gary Restaino. “But the incitement of violence is not: We will continue our efforts to prosecute those who make true threats against public officials and law enforcement officers.”

From May 2021 through November 2023, while living in Colorado and Arizona, Tomasi used a social media platform to express a desire to incite violence and threaten a variety of individuals and groups, including a city district attorney, a state court judge, a member of Congress and other federal officials and law enforcement officers. Tomasi pleaded guilty to posting a threat on August 26, 2023, to kill FBI agents in order to impede, intimidate, or interfere with FBI agents’ performance of their official duties. Specifically, Tomasi admitted that, on that day, he posted: “Shoot the FBI first and ask questions later. . . . Any FBI [] have a problem with that[,] come to my house and see what happens. Shoot before they even pull their guns out of their trunk and you shoot to kill.”

The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorneys Raymond K. Woo and Abbie Broughton Marsh, District of Arizona, Phoenix, are prosecuting the case, with valuable assistance provided by Trial Attorney Dmitriy Slavin of the National Security Division’s Counterterrorism Section.
 

CASE NUMBER:           CR-23-01751-PHX-DWL
RELEASE NUMBER:    2024-164_Tomasi

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Michael Lee Tomasi, 38, of Rio Verde, Arizona, was sentenced yesterday to 15 months in prison and 36 months of supervised release for making online threats against public servants, including federal officials. Tomasi also was ordered to forfeit an assault rifle, handgun, shotgun, gun magazines, and thousands of rounds of ammunition. Tomasi pleaded guilty to one count of making threats against public officials on Aug. 13.

“After making vile threats to execute and sexually assault FBI agents and employees, state and local law enforcement officials, and other public servants, Michael Tomasi told the FBI to ‘come to my house and see what happens’ — what has happened is that he will spend 15 months in federal prison,” said Attorney General Merrick B. Garland. “I am grateful to the brave public servants of the FBI for bringing this defendant to justice and for the difficult and dangerous work they do every day to keep the American people safe.”

“Threatening law enforcement officers and other public officials will not be tolerated, whether it involves our own FBI personnel, police officers patrolling their communities, or government officials carrying out their work,” said FBI Director Christopher Wray. “I take it very personally that anyone would threaten FBI personnel who work tirelessly to protect the American people from a variety of threats and often put themselves in harm’s way while carrying out their duties. We will continue to work with our partners to hold accountable those who threaten violence against law enforcement officers and other public servants.”

“Civil discourse and civic dialogue are fundamental to a democratic society,” said U.S. Attorney Gary Restaino for the District of Arizona. “But the incitement of violence is not: we will continue our efforts to prosecute those who make true threats against public officials and law enforcement officers.”

From May 2021 through November 2023, while living in Colorado and Arizona, Tomasi used a social media platform to express a desire to incite violence and threaten a variety of individuals and groups, including a city district attorney, a state court judge, a member of Congress and other federal officials and law enforcement officers. Tomasi pleaded guilty to posting a threat on Aug. 26, 2023, to kill FBI agents in order to impede, intimidate, or interfere with FBI agents’ performance of their official duties. Specifically, Tomasi admitted that, on that day, he posted: “Shoot the FBI first and ask questions later. . . . Any FBI [] have a problem with that[,] come to my house and see what happens. Shoot before they even pull their guns out of their trunk and you shoot to kill.”

The FBI investigated the case.

Assistant U.S. Attorneys Raymond K. Woo and Abbie Broughton Marsh for the District of Arizona prosecuted the case, with valuable assistance provided by Trial Attorney Dmitriy Slavin of the National Security Division’s Counterterrorism Section.

PHOENIX, Ariz. – Last week, a federal grand jury in Phoenix returned a 19-count indictment against Anthonie Ruinard, Jr., 39, of Chandler, for Wire Fraud and Transactional Money Laundering.

The indictment alleges that Ruinard scammed at least 54 victims out of more than $5.6 million through an investment fraud scheme operated under the guise of a business called Legacy Investors Group Inc. Ruinard falsely portrayed himself as a successful investor worth over $470 million. He promised victim-investors guaranteed rates of return—generally 5% to 6% per month—through investments in venture capital, private equity, and real estate. While some of the early victim-investors received some initial payments to perpetuate the fraud, others lost their entire investment. Ruinard largely used the victims’ money for himself, including on luxury vehicles (for example, the purchase of an armored vehicle for $344,000), general living expenses, casino gambling, credit card payments, and rental expenses.

A conviction for wire fraud carries a maximum penalty of 20 years in prison and a fine of up to $250,000, or both. A conviction for transactional money laundering carries a maximum penalty of 10 years in prison and a fine of up to $250,000, or both.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The Federal Bureau of Investigation – Phoenix Division conducted the investigation. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution. If you believe you were defrauded by the defendant, and have not previously contacted the FBI, please reach out to the following email address: LegacyGroupVictims@fbi.gov or fill out the questionnaire at this link: https://forms.fbi.gov/legacygroupvictims/view

CASE NUMBER:           CR-24-01904-PHX-SMB
RELEASE NUMBER:    2024-163_Ruinard

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TUCSON, Ariz. – Nestor Hernandez-Morales, 27, of Mesa, was sentenced last week by U.S. District Court Judge Angela M. Martinez to 96 months in prison, followed by three years of supervised release. Hernandez-Morales pleaded guilty to Possession with Intent to Distribute Methamphetamine, Possession of a Firearm in Furtherance of Drug Trafficking Activity, and Attempted Smuggling of Firearms to Promote Drug Trafficking Activity on June 18, 2024.

On February 1, 2023, Hernandez-Morales made arrangements with individuals from Mexico to purchase a .50 caliber semi-automatic rifle and a 5.56x45mm caliber belt-fed rifle for $26,000. Hernandez-Morales intended to purchase these particular weapons because these individuals were involved in drug trafficking organizations in Mexico and knew these types of guns were valuable to promote and support their drug trafficking activities. Hernandez-Morales paid $26,000 for the two rifles as part of an undercover sting, and was soon after arrested by federal and local law enforcement. A subsequent search of his residence revealed 6.6 kilograms of a substance that contained methamphetamine. Law enforcement discovered that he also possessed a Beretta handgun that he admitted he used to protect himself while he traveled and to secure the drugs, money, and munitions he stored at his residence. An additional nine firearms were discovered at his residence.

This investigation was a collaborative effort between federal law enforcement agencies and is part of the Organized Crime Drug Enforcement Task Forces (OCDETF) initiative in Southern Arizona that is being led by the Arizona Strike Force located in Tucson. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Homeland Security Investigations, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the Arizona Department of Public Safety conducted the investigation in this case. Assistant U.S. Attorney David Petermann, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR-23-00285-TUC-AMM
RELEASE NUMBER:    2024-162_Hernandez-Morales

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TUCSON, Ariz. – Mariana Garcia-Tapia, 32, of Tucson, was sentenced last week by United States District Judge Scott H. Rash to 60 months in prison. Garcia-Tapia pleaded guilty on July 10, 2024, to Conspiracy to Transport Illegal Aliens for Profit Placing in Jeopardy the Life of Any Person. She was given an additional 12 months in prison to run consecutive to her sentence for violating the conditions of her supervised release in a separate case (CR-22-00816-002-PHX-DJH).

On February 2, 2024, near Naco, Arizona, a United States Border Patrol camera operator observed four suspected undocumented noncitizens approach a 2011 Volkswagen Routan. Another Border Patrol agent responded and observed the group get into the Routan. When Border Patrol stopped the vehicle, they found that it was only occupied by the driver and co-defendant, Sharnesia Latrice Cooley, her two-year-old minor son and the defendant, Garcia-Tapia. A search of the area revealed four injured people strewn along the road just east of the San Pedro Bridge. Their injuries were consistent with having jumped from a moving vehicle. They were transported to the hospital with serious head trauma among other injuries, and it was determined that all four were illegally present within the United States. One of the undocumented noncitizens admitted that they had made arrangements to be smuggled into the United States for a sum of money.

The co-defendant, Cooley, was found guilty by way of jury trial. She is currently set for sentencing on January 16, 2025, before Judge Rash.

Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. Assistant U.S. Attorneys Alicia Renee Quezada and Caroline Allen, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR 24-00910-2-TUC-SHR
RELEASE NUMBER:    2024-161_Garcia-Tapia

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PHOENIX, Ariz. – Raymond Gene Aspa, Sr., 72, of Parker, was sentenced on November 5, 2024, by United States District Judge John J. Tuchi to 166 months in prison, followed by lifetime supervised release. Aspa pleaded guilty to Abusive Sexual Contact of a Child on October 31, 2023.

Between May 18, 2012, and May 18, 2013, Aspa engaged in abusive sexual contact with the minor victim at his residence in Parker. Both the victim and Aspa are members of the Colorado River Indian Tribes (CRIT) and the abusive sexual contact occurred on the CRIT Indian Reservation.

The Federal Bureau of Investigation and the Colorado River Indian Tribes Police Department conducted the investigation in this case. Assistant U.S. Attorney Christina J. Reid-Moore, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-23-00473-PHX-JJT
RELEASE NUMBER:    2024-160_Aspa

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PHOENIX, Ariz. – Gary M. Restaino, United States Attorney for the District of Arizona, announces indictments and arrests for multiple violent felony offenses, all of which occurred on the Fort Apache Indian Reservation. Defendants arrested are:

1. Termaine Billy Celaya, 19, of Whiteriver; CR-24-8095-PCT-DWL; 
2. Donovan Skidmore, 25, of Whiteriver; CR-24-8096-PCT-GMS;
3. Eagle Tail Ron Tointigh, 21, of Whiteriver; CR-24-8146-PCT-DJH;
4. Maurissa Marie Edwards, 34, of Cibecue; CR-24-8101-PCT (MTL); and

5. Donovan Wayne Declay, 29, of Whiteriver; CR-24-8113-PCT-SMB.

   
   Celaya was indicted for Second Degree Murder for an April 24, 2024, homicide with a motor vehicle.

   Skidmore was indicted for Robbery for the February 7, 2024, armed robbery of the 7-Mile Store.

   Tointigh was indicted for Assault by Strangling and Assault Resulting in Substantial Bodily Injury for an August 11, 2024, domestic assault.

   Edwards was indicted for Assault with a Dangerous Weapon for the February 6, 2024, stabbing of another individual.

   Declay was indicted on two counts of Sexual Abuse, and one count of Aggravated Sexual Abuse for the December 24, 2022, sexual assault of a family member.

   An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

These arrests were made on November 20, 2024 as part of a joint law enforcement operation, including the White Mountain Apache Tribal Police Department, the Federal Bureau of Investigation, the Bureau of Indian Affairs, and the Drug Enforcement Administration to locate and arrest defendants that had been indicted but not yet apprehended.  

The Federal Bureau of Investigation is conducting the investigations. Assistant U.S. Attorney Anthony Church, District of Arizona, Phoenix, is handling the prosecutions.

CASE NUMBERS:         CR-24-8095-PCT-DWL

                                        CR-24-8096-PCT-GMS

                                        CR-24-8146-PCT-DJH

                                        CR-24-8101-PCT-MTL

                                        CR-24-8113-PCT-SMB

RELEASE NUMBER:    2024-158_Celaya, Skidmore, Tointigh, Edwards, Declay

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PHOENIX, Ariz. – Janine Torres-Centeno, a Colombian national, was indicted on November 6, 2024, by a federal grand jury on charges of Conspiracy to Encourage and Induce an Alien to Unlawfully Enter the United States and Bringing an Illegal Alien to the United States for Profit.

According to the criminal Complaint and subsequently-filed Indictment, in approximately 2022, United States Border Patrol Sector Intelligence and Homeland Security Investigations began investigating Torres-Centeno after arresting numerous Colombian nationals who identified her as their smuggling coordinator. 

The smuggled individuals contacted Torres-Centeno after learning from others who had successfully crossed into the United States illegally that she could coordinate their illegal entry into the United States. Torres-Centeno informed the Colombian nationals they would need to travel to Sonoyta, Sonora, Mexico and pay a fee between $1,200.00 USD to $2,000.00 USD per person to cross into the United States. Once the Colombian nationals were in Sonoyta, Torres-Centeno coordinated their transportation to local stash houses, while others ultimately crossed illegally into the United States.

Conspiracy to Encourage and Induce an Alien to Unlawfully Enter the United States carries a maximum penalty of 10 years in prison and a fine of up to $250,000. Bringing an Illegal Alien to the United States for Profit carries at least a three-year mandatory minimum prison sentence and a fine of up to $250,000.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The Customs and Border Protection’s United States Border Patrol, Alien Smuggling Unit – Tucson Sector and Homeland Security Investigations – Casa Grande conducted the investigation in this case. Assistant U.S. Attorneys Stuart Zander and Matthew Doyle, District of Arizona, Phoenix, are handling the prosecution.
 

CASE NUMBER:           CR-24-007816-TUC-SHR
RELEASE NUMBER:    2024-159_Torres-Centeno

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A former Santa Cruz County, Arizona, official pled guilty today to embezzlement, money laundering, and tax evasion for her role in stealing more than $38 million of Santa Cruz County funds between 2014 and 2024 and failing to pay income tax of more than $13 million while she was serving as Santa Cruz County Treasurer.

According to court documents, Elizabeth Gutfahr, 62, who served as Santa Cruz County Treasurer from 2012 through 2024, embezzled and laundered approximately $38 million by wiring funds from Santa Cruz County’s Account directly to accounts in the name of companies that Gutfahr had created for purposes of stealing the county funds. Gutfahr then wired the money from these fraudulent business accounts to her personal account, where she used the money to purchase real estate, pay operating expenses for and renovate her family ranch, pay expenses for her cattle business, and purchase at least 20 vehicles.

“Elizabeth Gutfahr stole $38 million from the people of Santa Cruz County, Arizona, during the 12 years she served as their County Treasurer,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “We expect public officials to serve as stewards of the government fisc — not to loot it. Today’s plea demonstrates yet again that the Justice Department remains committed to rooting out public corruption at all levels of government.”

“Local property taxes fund our communities, enrich our schools and shape our futures,” said U.S. Attorney Gary Restaino for the District of Arizona. “In her plea agreement the defendant admits to defrauding her County by embezzling those taxes. We look forward to working with the Receiver appointed by the Superior Court to recoup the County’s funds.”

“Today’s guilty plea is a reminder that those entrusted with public funds are not above the law,” said Assistant Director Chad Yarbrough of the FBI Criminal Investigative Division. “Gutfahr deliberately calculated a scheme to embezzle taxpayer dollars and then launder those funds for her own personal use. This breach of trust not only robs taxpayers but undermines the integrity of public office. The FBI remains unwavering in its pursuit to hold accountable those who exploit their positions for selfish purposes.”

“We cannot overemphasize our dedication to rooting out public corruption from our communities,” said Special Agent in Charge Carissa Messick for IRS Criminal Investigation (IRS-CI)’s Phoenix Field Office. “I am proud of the dedicated work IRS-CI special agents put into investigating this case alongside our fellow law enforcement agencies. Through her embezzlement scheme, Elizabeth Gutfahr stole from the very constituents who elected her. Let this guilty plea serve as a reminder to all who are tempted to use their positions of power to enrich themselves at the cost of the American people: IRS-CI special agents are experts at following the money, and we will continue to investigate allegations of fraud at all levels.”

Court documents detailed that the scheme involved approximately 187 wire transfers, which Gutfahr completed by subverting the two-step approval process for the wire transfers by using the token of a subordinate Santa Cruz County employee so that Gutfahr could both initiate and approve the wire transfers. Additionally, to cover up the scheme, Gutfahr falsified accounting records, cash reconciliation records, and reports of the County’s investment accounts to conceal the millions of dollars that she had stolen from Santa Cruz County. Gutfahr also failed to report any of the stolen funds as income for tax purposes.

Gutfahr pleaded guilty to one count of embezzlement by a public official, one count of money laundering, and one count of tax evasion. She is scheduled to be sentenced on Feb. 6, 2025, and faces a maximum penalty of 10 years in prison for the embezzlement count, 20 years in prison for the money laundering count, and five years in prison for the tax evasion count, as well as restitution to Santa Cruz County or other identified victims for all losses. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

FBI and IRS-CI are investigating the case.

Trial Attorney Nicholas W. Cannon of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Jane Westby for the District of Arizona are prosecuting the case. Assistant U.S. Attorney Carson R. Gilbert, formerly for the District of Arizona, provided assistance. 

TUCSON, Ariz. – Slone Kelly, 29, of Tucson, was sentenced on November 7, 2024, by United States District Judge Scott H. Rash to 77 months in prison, followed by 36 months of supervised release. Kelly pleaded guilty to Importation of Methamphetamine on May 1, 2024. 

On August 14, 2023, Kelly presented himself for inspection at the Port of Entry in Lukeville, Arizona, driving a 2008 Mercedes-Benz. Kelly told Customs and Border Protection officers that he was returning to Phoenix after attending a wedding in Rocky Point, Sonora, Mexico. During the inspection, x-ray detection observed anomalies inside the vehicle. Officers searched the vehicle and discovered a total of 50 packages of methamphetamine, weighing over 24 kilograms, and 29 packages of fentanyl, weighing over 11 kilograms, concealed inside.

Homeland Security Investigations - Sells Office, conducted the investigation in this case. Assistant U.S. Attorney Evan N. Wesley, District of Arizona, Tucson, handled the prosecution.
 

CASE NUMBER:           CR 23-01410-TUC-SHR
RELEASE NUMBER:    2024-157_Kelly

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PHOENIX, Ariz. – Ty O’Brien Shorty, 33, of Chinle, was sentenced last week by United States District Judge John J. Tuchi to 22 years in prison, followed by lifetime supervised release. Shorty pleaded guilty to Abusive Sexual Contact of a Child on May 16, 2024.

On July 23, 2023, Shorty sexually abused a four-year-old child. The victim suffered severe injuries and was hospitalized as a result. The crime occurred on the Navajo Nation, of which Shorty is an enrolled member.

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

CASE NUMBER:           CR-23-8093-PHX-JJT
RELEASE NUMBER:    2024-156_Shorty

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TUCSON, Ariz. – Moises Gabriel Castillo, 39, of Texas, was indicted on October 30 by a federal grand jury on charges of Conspiracy to Transport Illegal Aliens and four counts of Transportation of Illegal Aliens. All five charges allege that the offenses were committed for financial gain, placed in jeopardy the life of any person, caused serious bodily injury, and resulted in death.

The criminal complaint filed in this case alleges that on July 24, 2024, Castillo was driving a commercial semi-truck on Interstate-10 near Rita Road, Tucson, when he collided with another semi-truck from the rear. The collision caused Castillo’s semi-truck to skid down Interstate-10. One passenger was ejected, an adult male who was pronounced dead at the scene. Law enforcement and emergency services found three additional passengers nearby in the brush, including a 16-year-old. All three individuals and the decedent were determined to be undocumented noncitizens without permission to be present in the United States. The individuals stated they were paying to be smuggled further into the United States. Two of the undocumented noncitizens involved in the collision underwent surgery for their injuries. The Pima County Medical Examiner determined the decedent’s cause of death was due to blunt force injuries of the head. 

A conviction for either Conspiracy to Transport Illegal Aliens Resulting in Death or Transportation of Illegal Aliens Resulting in Death carries a maximum penalty of life imprisonment.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

Homeland Security Investigations and the Arizona Department of Public Safety conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
 

CASE NUMBER:            CR-24-07586-TUC-RM
RELEASE NUMBER:    2024-154_Castillo

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