District of New Mexico

ALBUQUERQUE – Peterson Yazzie, 34, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty today to a two-count felony information charging him with discharging a firearm during a crime of violence and stalking.  Under the terms of the plea agreement, Yazzie will be sentenced to eleven years in federal prison followed by a term of supervised release to be determined by the court. 

The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Director John Billison of the Navajo Nation Division of Public Safety.

Yazzie was arrested on April 24, 2014, on a criminal complaint alleging that he stalked his former intimate partner, a Navajo woman, by leaving numerous threatening messages in her cellphone voicemail box on April 12, 2014.  In some of the messages, Yazzie threatened to shoot the victim and her new boyfriend.  The criminal complaint also alleged that Yazzie assaulted the victim’s new boyfriend on April 12, 2014, by firing multiple shots at a vehicle the boyfriend was driving.

During today’s proceedings, Yazzie pled guilty to the two-count felony information.  In his plea agreement, Yazzie admitted stalking his former intimate partner on April 12, 2014 by leaving messages on her cellphone voicemail box including one in which he threatened to “put a bullet in her head,” causing the victim to fear that death or seriously bodily injury would occur.  Yazzie also admitted that April 12, 2014, he committed a crime of violence by using a rifle to shoot at a vehicle driven by the second victim.  Yazzie acknowledged committing both crimes within Navajo Indian Reservation.

Under the terms of his plea agreement, Yazzie will be sentenced to ten years in federal prison on the firearms charge and one year in prison on the stalking charge.  The two sentences will be served consecutive to each other for an aggregate sentence of eleven years in prison.  Yazzie has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Farmington Office of the FBI and Shiprock office of the Navajo Nation Division of Public Safety, and is being prosecuted by Special Assistant U.S. Attorney David Adams.

The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Guy N. Martinez, 22, of Las Vegas, N.M., was arrested by the FBI on July 18, 2014, on federal child pornography charges.  Martinez made his initial appearance in federal court earlier today, and remains in custody pending a detention hearing scheduled for tomorrow morning.

Martinez is charged in a criminal complaint with possessing, receiving and distributing visual depictions of minors engaged in sexually explicit conduct.  According to the criminal complaint, the FBI initiated the investigation leading to Martinez’s arrest after receiving a lead from Queensland Police Service (QPS) in Brisbane, Australia.  Following the arrest of an Australian citizen in March 2012, on child pornography charges, the QPS identified more than 100 United States-based email accounts that allegedly had been used to send, receive or discuss child pornography with the Australian citizen.  Investigation by the FBI revealed that one of those email accounts was subscribed to Martinez.

The FBI’s investigation revealed that Martinez had two email accounts that allegedly had been used to receive and distribute more than 1,000 images consistent with child pornography.  On July 18, 2014, the FBI executed a search warrant at Martinez’s residence in Las Vegas, N.M.  They arrested Martinez while executing the search warrant. 

If convicted of the charges in the criminal complaint, Martinez faces a federal prison term of not less than five years and not more than 20 years.  Martinez also would be required to register as a sex offender.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Santa Fe office of the FBI and the New Mexico State Police with assistance from the QPS.  The case is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 74 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Kevin Martinez, 21, an enrolled member of the Navajo Nation who resides in Churchrock, N.M., pleaded guilty today to a second degree murder charge.  Under the terms of his plea agreement, Martinez will be sentenced to 108 months in federal prison followed by a term of supervised release to be determined by the court.
  
Martinez was arrested on March 20, 2014, on a criminal complaint charging him with killing a 45-year-old Navajo man on March 5, 2014, in a location within the Navajo Indian Reservation.  Martinez subsequently was indicted on April 9, 2014, and charged with second degree murder.

According to court filings, Martinez killed the victim in a secluded location outside of Gallup, N.M., on the evening of March 5, 2014.  Martinez was arrested after officers learned that he was driving the victim’s vehicle after the victim had been reported missing.  During a custodial interview, Martinez admitted killing the victim and led law enforcement officers to the area where he had concealed the victim’s body.  According to autopsy results, the victim died as a result of multiple sharp force and blunt force trauma, including a large incised sharp force trauma to the neck that severed the victim’s jugular vein.

During today’s plea hearing, Martinez pled guilty to the indictment and admitted killing the victim on March 5, 2014.  According to the plea agreement, Martinez became acquainted with the victim through an Internet website and met the victim in Gallup on March 5, 2014.  Martinez and the victim then drove in the victim’s vehicle to a secluded area.  There, Martinez became enraged and pushed the victim when the victim ridiculed him.  The victim responded by retrieving a knife and threatened Martinez with it, but Martinez was able to take the knife from the victim.  During a physical altercation that ensued, Martinez killed the victim by hitting him in the head with a large piece of wood and repeatedly stabbing him with the knife. 

Martinez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, with assistance from the McKinley County Sheriff’s Office and the New Mexico State Police.  Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.

ALBUQUERQUE – Andrej Gecik, 54, a citizen of the Czech Republic with legal permanent resident status in the United States who resides in San Diego, Calif., entered a guilty plea yesterday afternoon in Las Cruces federal court to a misdemeanor charge of impeding a federal officer.

Gecik was arrested on Jan. 22, 2014, on a criminal complaint alleging that he assaulted, impeded and resisted a U.S. Border Patrol agent at the U.S. Border Patrol checkpoint on Highway 70, west of Alamogordo, N.M.  Gecik subsequently was indicted and charged with assaulting, impeding and arresting a federal officer.  According to the criminal complaint, Gecik impeded a Border Patrol agent who was engaged in his official duties on Jan. 22, 2014, when the agent attempted to question him about his immigration status.  The criminal complaint states that Gecik tried to push the agent off of the step of his semi-truck and crushed the agent’s fingers in the truck door.  It states that when the agent opened the truck’s door, Gecik struck the agent in the chest with his elbow.

During today’s proceedings, Gecik pled guilty to the indictment and admitted resisting and impeding a federal officer who was engaged in his official duties by refusing to comply with the agent’s directive that he pull into a secondary inspection area to answer questions about his immigration status.  At sentencing, which has yet to be scheduled, Gecik faces a statutory maximum penalty of a year in prison. 

The case was investigated by the Las Cruces office of the FBI and the U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Three residents of Las Cruces, N.M., have pleaded guilty to methamphetamine trafficking charges in federal court.  Jennifer Sanders, 42, entered a guilty plea this morning and Jose Luis Niño, 40, pleaded guilty on July 16, 2014.  Their co-defendant, Aubrey Savage, 34, entered her guilty plea on June 11, 2014.

Sanders, Niño and Savage and co-defendants Matthew Maley, 47, and Candice Marie Carpenter, 35, both of Tucson, Az., are charged in a 14-count superseding indictment filed on March 19, 2014.  Count 1 of the superseding indictment charges Sanders, Savage and Maley with conspiracy to distribute methamphetamine in Doña Ana County, N.M., from June 2013 through Aug. 2013.  Count 11 charges Maley, Nino and Carpenter with conspiracy to distribute methamphetamine in Doña Ana County in Dec. 2013.  The defendants are charged with substantive methamphetamine distribution offenses as follows:  Savage is charged in Counts 2 and 3; Sanders and Savage are charged in Counts 4 through 8; and Counts 9 and 10 charge Sanders and Maley with distributing methamphetamine.  Count 12 charges Maley, Niño and Carpenter with distributing methamphetamine.  Counts 13 and 14 charge Niño and Maley, respectively, with being felons in possession of firearms and ammunition.

According to court filings, Maley was the head of a drug trafficking organization involved in trafficking significant quantities of methamphetamine in New Mexico and Arizona.  During July and Aug. 2013, undercover officers allegedly made several controlled purchases of methamphetamine from Maley, Sanders and Savage, including the purchase of a pound of methamphetamine on Aug. 21, 2013.  From Oct. through Dec. 2013, an informant purchased methamphetamine from Niño, who allegedly obtained the methamphetamine from Maley.  On Dec. 4, 2013, officers seized approximately 274 grams of methamphetamine when they executed a search warrant at Niño’s residence in Las Cruces.

Today, Sanders pleaded guilty to one count of conspiracy and seven counts of distribution of methamphetamine, and Sanders admitted selling methamphetamine to a person who turned out to be an undercover officer on seven separate occasions between June 12, 2013 and Aug. 21, 2013.  She acknowledged that the quantities of methamphetamine involved in the sales ranged from 5.4 grams in the first transaction to more than 250 grams in the last two transactions.  Sanders remains in custody pending her sentencing hearing which has yet to be scheduled.  At sentencing, Sanders faces a mandatory minimum of ten years in prison and a maximum of life in prison.

Niño pleaded guilty on Wednesday to one count of conspiracy, one count of possession of methamphetamine with intent to distribute, and one count of being a felon in possession of ammunition.  In his plea agreement, Niño admitted possessing 274 grams of methamphetamine with intent to distribute in his home on Dec. 4, 2013.  He also admitted unlawfully possessing 30 rounds of ammunition on that day.  Niño was prohibited from possessing firearms or ammunition because he previously had been convicted of a felony drug trafficking offense.  Niño remains in custody pending his sentencing hearing which has yet to be scheduled.  Like Sanders, Niño faces a mandatory minimum of ten years in prison and a maximum of life in prison.

Savage pled guilty to a conspiracy count on June 11, 2014.  In her plea agreement, Savage admitted distributing methamphetamine on seven separate occasions between June 7, 2013 and July 11, 2013.  The quantities involved in those transactions ranged from .97 grams to 97.3 grams.  Savage faces a mandatory minimum of five years in prison and a maximum of 40 years in prison when she is sentenced.  She, too, remains in custody pending her sentencing date.

Maley has entered a not guilty plea and remains in custody pending trial.  Carpenter was arrested on July 17, 2014 and is in custody pending arraignment and a detention hearing next week.  Allegations in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Las Cruces office of the FBI and Las Cruces/ Doña Ana County Metro Narcotics Agency, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Mervin Ervin Charley, 33, an enrolled member of the Navajo Nation who resides in Navajo, N.M., pleaded guilty this morning to a voluntary manslaughter charge.  Under the terms of the plea agreement, Charley will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.

Charley was arrested on Jan. 21, 2014, based on an indictment charging him with second degree murder and child abuse resulting in death.  According to the indictment, Charley killed a two-year-old child on May 30, 2013, by placing the victim in a situation that endangered the victim and resulted in the victim’s death.

Today, Charley entered a guilty plea to a felony information charging him with voluntary manslaughter, and admitted killing the victim in the heat of passion on May 30, 2013.

Charley has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

ALBUQUERQUE – Samantha Deal, 29, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty today to an indictment charging her with involuntary manslaughter and assault charges.  Deal entered her guilty plea without the benefit of a plea agreement.

Deal was arrested on July 17, 2013, based on an indictment charging her with one count of involuntary manslaughter and two counts of assault resulting in serious bodily injury.  According to the indictment, Deal was driving while under the influence of alcohol in San Juan County on Feb. 4, 2013, when she killed a woman and seriously injured two other individuals. 

At sentencing, Deal faces a maximum penalty of eight years in federal prison on the involuntary manslaughter charge and a maximum penalty of ten years in prison for each of the two assault charges.  Her sentencing hearing has yet to be scheduled.

This case was investigated by the Farmington office of the FBI, the Shiprock office of the Navajo Nation Division of Public Safety and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

ALBUQUERQUE – Lucas Segura, 22, of Los Lunas, N.M., made his initial appearance in federal court in Albuquerque, N.M., this morning on an indictment charging him with a heroin trafficking offense.  Segura remains custody pending a detention hearing scheduled for July 18, 2014.

The indictment alleges that Segura unlawfully possessed heroin with intent to distribute in Bernalillo County, N.M., on April 1, 2014.  At the time of the offense charged, Segura was a corrections officer at the Bernalillo County Metropolitan Detention Center (MDC).

According to state court filings, Segura was arrested on April 1, 2014, on related state charges of trafficking controlled substances, bringing contraband into a jail, and conspiracy.  Segura was on conditions of release from the state charges when he surrendered himself to the FBI earlier today.

If convicted on the offense charged in the federal indictment, Segura faces a maximum statutory penalty of twenty years in federal prison.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office, and MDC’s Threat Security Group with assistance from the 2nd Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Reeve L. Swainston.

ALBUQUERQUE – Brian Dyea, 28, was sentenced today to 24 months in prison followed by two years of supervised release for assaulting his intimate partner by strangulation. Dyea also was ordered to pay a $2,000.00 fine and to undergo domestic violence treatment. 

The sentence was announced by U.S. Attorney Damon P. Martinez, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Acting Chief Brian Carr of the Pueblo of Laguna Tribal Police Department.

Dyea, a member of the Pueblo of Laguna who resides in Mesita, N.M., was arrested on Jan 21, 2014, on a criminal complaint alleging that he assaulted his intimate partner, a Laguna Pueblo woman, by strangling and biting her.  Dyea subsequently was indicted and charged with assaulting his intimate partner by strangulation on Jan. 12, 2014 in a location within the Pueblo of Laguna.

Dyea entered a guilty plea on March 24, 2014, and admitted assaulting the victim on Jan. 12, 2014, by biting her and strangling her, by placing his hands around her neck and impeding her normal breathing.  Dyea acknowledged that the victim suffered contusions to her forehead and foot, three bite-marks to her left hand and forearm, a wrist sprain, and a head injury with the loss of consciousness as a result of the assault. 

This case was investigated by the Laguna Agency of BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department, and is being prosecuted by Special Assistant U.S. Attorney David Adams. 

The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Mariano H. Herrera, 59, of Albuquerque, N.M., was sentenced today to 121 months in federal prison followed by five years of supervised release for his conviction on armed bank robbery and firearms charges.

Herrera was arrested on Sept. 20, 2013, and charged in a criminal complaint with armed bank robbery. Herrera was indicted in Oct. 2013, and charged with armed bank robbery and using a firearm in relation to a crime of violence.  Herrera pleaded guilty on Jan. 28, 2014, to the indictment without the benefit of a plea agreement.  In entering his guilty plea, Herrera admitted robbing the Wells Fargo Bank branch located on 3401 Coors Blvd. NW, in Albuquerque at gunpoint on Sept. 20, 2013.

Court filings reflect that on Sept. 20, 2013, a man wearing a ski mask entered the bank and drew a handgun from his pants. The masked man brandished the handgun at two bank tellers and demanded that they give him all their money. After the two tellers handed currency to the robber, he left the bank on foot and ran around the building where he got into a pickup truck. Two bank customers, who followed the robber and watched him get into the truck, called “911” and provided the truck’s license plate number.

Deputies of the Bernalillo County Sheriff’s Office proceeded to Herrera’s residence, which was listed as the address for the registered owner of the truck. The deputies arrested Herrera after one of the bank customers positively identified him as the bank robber having seen Herrera’s face as he pulled off the ski mask as he drove away from bank. Herrera then led the deputies to a toolbox that contained Herrera’s handgun and almost all the money Herrera stole from the bank.

This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Norman Cairns.

ALBUQUERQUE – Thomas Navaho, 21, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.

Navaho was arrested on March 4, 2014, on a criminal complaint charging him with assault and subsequently was charged in a two-count indictment with assault resulting in serious bodily injury and assault with a dangerous weapon.  According to court filings, Navaho assaulted the victim, another Navajo man, on Feb. 22, 2014, at a location within the Navajo Indian Reservation. 

During today’s hearing, Navaho entered a guilty plea to Count 1 of the indictment charging him with assault resulting in serious bodily injury.  Navaho admitted that on Feb. 22, 2014, he initiated the assault by choking the victim while he was asleep.  Navaho continued his assault on the victim during a physical altercation, during which the victim sustained injuries that required medical attention.

Navaho has been in federal custody since his arrest and remains detained pending his sentencing hearing.  At sentencing, Navaho faces a maximum penalty of ten years in prison when he is sentenced, which has yet to be scheduled. 

This case was investigated by the Farmington Office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Gabriel Arsola, 40, of Silver City, N.M., was sentenced today to three years of probation for making false and fictitious entries on U.S. Postal Service forms.  Arsola also was ordered to pay $10,834.68 in restitution to the U.S. Postal Service.

Arsola was indicted in Dec. 2013, and charged with 56 counts of making false entries and reports on U.S. Postal Service forms in order to conceal a scheme to defraud the U.S. Postal Service.  According to the indictment, between Aug. 20, 2012 and Dec. 7, 2012, Arsola made false and fictitious entries on the forms regarding the value of the postage stamps and bubble-wrap sold at the Silver City Post Office to understate the amount of funds received by the Post Office.  During that time period, Arsola was employed as a sales and service associate at the Silver City Post Office.

On April 15, 2014, Arsola pled guilty to Count 1 of the indictment and admitted to the full scope of criminal conduct charged in the 56-count indictment as well as other criminal conduct.  In his plea agreement, Arsola admitted that between July 2011 and Dec. 2012, he falsified postal records to conceal that he was stealing money from the U.S. Postal Service.  Arsola admitted selling full books of stamps to customers but only scanning single stamps and recording the sale of single stamp transactions.  In his plea agreement, Arsola agreed to pay restitution in the amount of $10,834.68 to the U.S. Postal Service.

This case was investigated by the U.S. Postal Service, Office of Inspector General, and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Paul Henry Ortega, 45, of Rio Rancho, N.M., made his initial appearance in federal court this morning on an indictment charging him with being a felon in possession of a firearm and driving while intoxicated.  Ortega remains in federal custody pending arraignment and a detention hearing which have yet to be scheduled.

The indictment, which was filed on March 26, 2014, alleges that Ortega unlawfully possessed a firearm and ammunition on Aug. 5, 2012, in Rio Arriba County, N.M.  At the time, Ortega was prohibited from possessing firearms or ammunition because he previously had been convicted of a felony offense.  It also charges Ortega with the misdemeanor offense of driving while intoxicated.  According to the indictment, Ortega allegedly drove a vehicle in the Santa Fe National Forest on Aug. 5, 2012, while under the influence of intoxicating liquor.

Ortega was arrested yesterday on an arrest warrant that issued when he failed to comply with a summons to appear in court on arraignment on the indictment.

If convicted, Ortega faces a maximum sentence of ten years in prison on the firearms charge and up to a year in prison on the driving while intoxicated charges.  The charges against Ortega are merely accusations and he is presumed innocent unless found guilty beyond a reasonable doubt.

Special Agent in Charge Robin L. Poague of the Southwestern Region of the U.S. Forest Service said, “Federal regulations authorize Forest Service officials to enter orders permitting Forest Service officers to issue federal violation notices for violations of the state motor vehicle code on National Forest System lands and roads.  This ensures consistent enforcement of the motor vehicle code throughout the state and across agencies.  The prosecution of Ortega on DUI charges was initiated pursuant to this authority.”

This case was investigated by the U.S. Forest Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Mexico State Police and the New Mexico Game & Fish and is being prosecuted by the U.S. Attorney’s Office.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that Copar Pumice Company, Inc., a mining company with a principal place of business in Rio Arriba County, N.M., and the owners of Copar and its affiliated companies (Copar), have paid $2.25 million to the U.S. Government to settle a civil lawsuit alleging the unauthorized mining and removal of pumice from El Cajete Mine on the Jemez National Recreational Area of the Santa Fe National Forest.  The settlement agreement also requires that Copar relinquish all rights to its mining claims within the Jemez National Recreation Area and bars Copar from bidding on mineral material sales or purchasing mineral materials from the U.S.D.A. Forest Service.

The settlement agreement resolves a lawsuit filed by the Justice Department in 2009, on behalf of the U.S. Department of Agriculture, Forest Service, against Copar and owners Richard P. Cook, Shirley A. Cook, Debbie Cantrup, and Kelly Armstrong.  According to court filings, federal laws limit the types of mining activities allowed in the Jemez National Recreation Area to protect unique resource and recreational values.  Copar was authorized to remove larger-sized pumice, solely for its value and use in the stonewash laundry industry.  Copar abused its mining privileges by crushing pumice and removing undersized pumice from the El Cajete Mine, and selling it for uses outside the laundry industry.  When Copar refused to comply with the Forest Service’s notices to cease the unlawful practice, the Justice Department filed suit alleging that Copar had trespassed on National Forest System lands by exceeding the limits of their mining authorization.

After years of legal proceedings in the case, the Justice Department and Copar executed a settlement agreement at the end of May, 2014, resolving all of the claims in the lawsuit as well as claims in several related cases.  Copar tendered the $2.25 million lump sum settlement payment in late June 2014, and yesterday the parties filed a stipulation of dismissal formally ending the litigation.

U.S. Attorney Damon P. Martinez commended the work of Assistant U.S. Attorney Ruth F. Keegan, Trial Attorneys Andrew A. Smith and Dominika N. Tarczynska of the Environmental and Natural Resources Division of the U.S. Department of Justice, and Attorney Advisor Steve Hattenbach of the Office of General Counsel of the U.S. Department of Agriculture, who litigated this case on behalf of the United States.

ALBUQUERQUE –Gregory Allen Bahe, 30, a member and resident of Laguna Pueblo, was sentenced today to eight months and six days in federal prison followed by two years of supervised release for his conviction for assaulting a federal officer.  Bahe already has served 122 days in federal custody on a tribal probation violation, for an aggregate of twelve months in federal custody.

Bahe was arrested on Sept. 19, 2013, pursuant to a criminal complaint alleging that he assaulted a tribal police officer who holds a Special Law Enforcement Commission from the BIA.  Bahe subsequently was indicted and charged with two counts of assaulting a federal officer. 

According to court filings, Bahe assaulted an officer of the Laguna Pueblo Tribal Police Department on Sept. 12, 2013, when the officer responded to a call from Bahe requesting police assistance at a residence located in Laguna Pueblo in Cibola County, N.M.  When the officer was restraining Bahe for officer safety reasons, Bahe assaulted the officer by spitting at the officers on the face and head-butting the officer on the face.

On April 8, 2014, Bahe pleaded guilty to Count 1 of the indictment and admitted assaulting a federal officer who was engaged in the performance of his official duty.

The case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Laguna Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that Copar Pumice Company, Inc., a mining company with a principal place of business in Rio Arriba County, N.M., and the owners of Copar and its affiliated companies (Copar), have paid $2.25 million to the U.S. Government to settle a civil lawsuit alleging the unauthorized mining and removal of pumice from El Cajete Mine on the Jemez National Recreational Area of the Santa Fe National Forest.  The settlement agreement also requires that Copar relinquish all rights to its mining claims within the Jemez National Recreation Area and bars Copar from bidding on mineral material sales or purchasing mineral materials from the U.S.D.A. Forest Service.

The settlement agreement resolves a lawsuit filed by the Justice Department in 2009, on behalf of the U.S. Department of Agriculture, Forest Service, against Copar and owners Richard P. Cook, Shirley A. Cook, Debbie Cantrup, and Kelly Armstrong.  According to court filings, federal laws limit the types of mining activities allowed in the Jemez National Recreation Area to protect unique resource and recreational values.  Copar was authorized to remove larger-sized pumice, solely for its value and use in the stonewash laundry industry.  Copar abused its mining privileges by crushing pumice and removing undersized pumice from the El Cajete Mine, and selling it for uses outside the laundry industry.  When Copar refused to comply with the Forest Service’s notices to cease the unlawful practice, the Justice Department filed suit alleging that Copar had trespassed on National Forest System lands by exceeding the limits of their mining authorization.

After years of legal proceedings in the case, the Justice Department and Copar executed a settlement agreement at the end of May, 2014, resolving all of the claims in the lawsuit as well as claims in several related cases.  Copar tendered the $2.25 million lump sum settlement payment in late June 2014, and yesterday the parties filed a stipulation of dismissal formally ending the litigation.

U.S. Attorney Damon P. Martinez commended the work of Assistant U.S. Attorney Ruth F. Keegan, Trial Attorneys Andrew A. Smith and Dominika N. Tarczynska of the Environmental and Natural Resources Division of the U.S. Department of Justice, and Attorney Advisor Steve Hattenbach of the Office of General Counsel of the U.S. Department of Agriculture, who litigated this case on behalf of the United States.

ALBUQUERQUE – James Darius Caje, 21, was sentenced today in Las Cruces federal court to 56 months and 25 days in federal prison followed by five years of supervised release for his conviction on a sexual abuse charge.  Caje will be required to register as a sex offender after he completes his prison sentence.

Caje, a member and resident of the Mescalero Apache Nation, was arrested in March 2013, on a criminal complaint alleging that he sexually abused a Mescalero Apache woman on July 27, 2012, at a location within the Mescalero Apache Reservation.  Caje was in tribal custody on related tribal charges when he was arrested.

In Aug. 2013, Caje was indicted and charged with sexually abusing a victim who was incapable of declining to participate in a sexual act.  On Sept. 9, 2014, Caje pled guilty to the indictment and admitted sexually abusing the victim while she was lapsing in and out of consciousness.

This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Steven Paul Tharpe, 51, a member and resident of the Laguna Pueblo, pleaded guilty this morning to an attempted robbery charge.  Under the terms of the plea agreement, Tharpe will be sentenced to 24 months in federal prison followed by a term of supervised release to be determined by the court.

Tharpe was arrested on May 15, 2014, based on an indictment charging him with attempted robbery.  According to the indictment, on July 21, 2012, Tharpe attempted to commit a robbery in Indian Country in Cibola County, N.M.

During today’s proceedings, Tharpe entered a guilty plea to the indictment and admitted that he attempted to rob the Sky City Casino, which is located in Acoma Pueblo, on July 21, 2012.  In his plea agreement, Tharpe admitted that he attempted to rob the Casino by displaying a BB gun to a teller in a cashier’s cage at the Casino and demanding money.

Tharpe has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

ALBUQUERQUE – Yesterday a federal jury sitting in Las Cruces, N.M., returned a verdict finding Genevieve Hernandez, 36, of Artesia, N.M., guilty on methamphetamine trafficking charges after a two-day trial.  The jury’s verdict was announced by U.S. Attorney Damon P. Martinez, Will R. Glaspy, Special Agent in Charge of the El Paso Division of the DEA, and Commander James McCormick of the Pecos Valley Drug Task Force.

Hernandez and her co-defendant, Mickah Chavez, 21, also of Artesia, were indicted in Jan. 2014, and charged with conspiracy to distribute methamphetamine.  Hernandez and Chavez each also was charged with a count of distribution of methamphetamine.  The indictment charged the two with conspiring to distribute and distributing more than five grams of methamphetamine on Feb. 22, 2012, in Eddy County, N.M.

Chavez, who was arrested in Jan. 2014, entered a guilty plea to the two methamphetamine trafficking charges against him on March 14, 2014.  He was sentenced to 24 months in federal prison on July 1, 2014.  Hernandez, who was arrested in Feb. 2014, chose to exercise her right to a jury trial.

The trial against Hernandez began on July 7, 2014, and concluded yesterday when the jury returned a guilty verdict against Hernandez on the two methamphetamine trafficking charges in the indictment.  The trial evidence established that on Feb. 22, 2012, an undercover agent who was posing as a drug dealer arranged to purchase a half ounce of methamphetamine from Chavez in Artesia.  After negotiating an $800 price for the methamphetamine, Chavez left the area and returned accompanied by a vehicle driven by Hernandez.  After Chavez obtained the $800 from the undercover agent, he went to the vehicle and got the methamphetamine from Hernandez.  Chavez then delivered the methamphetamine to the undercover agent.  In Aug. 2012, agents interviewed Hernandez and inquired about the methamphetamine transaction that occurred on Feb. 22, 2012.  During the interview, Hernandez admitted knowledge of the drug deal.

Hernandez has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled.  At sentencing, Hernandez faces a mandatory minimum sentence of ten years in prison.  Hernandez faces this enhanced sentence because she previously has been convicted of a narcotics trafficking crime.

This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.

The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, the Artesia Police Department and the Carlsbad Police Department, and is part of the HIDTA Region VI Drug Task Force.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Julianna Rosynelle Venego, 28, a member and resident of the Mescalero Apache Nation, pleaded guilty this afternoon to two federal assault charges under a plea agreement with the U.S. Attorney’s Office.

Venego and her brother Rufus Juan Lester, 22, were arrested in July 2013, based on a criminal complaint alleging assault with dangerous weapons charges.  In Oct. 2013, Venego was indicted on two counts of aiding and abetting assaults with dangerous weapons.  Lester was indicted in a separate case in Nov. 2013 and charged with eight counts of assault with a dangerous weapon and one count of discharging a firearm during and in relation to a crime of violence.  According to court filings, Venego and Lester committed the offenses charged in the two cases on Nov. 24, 2012, when Venego drove a vehicle in which Lester was a passenger while Lester used two firearms to fire eight shots at a residence located within the Mescalero Apache Reservation. 

During today’s proceedings, Venego entered a guilty plea to both counts in the indictment and admitted driving Lester past a residence while he used two firearms to shoot at the residence.  She acknowledged that the residence was occupied by two adults and six children during the drive-by shooting. 

Venego was remanded into federal custody after entering her guilty plea and will remain detained pending her sentencing hearing, which has yet to be scheduled.  At sentencing, Venego faces a statutory maximum penalty of ten years in prison.

Lester entered a guilty plea on May 16, 2014, to all eight of the assault charges in the indictment against him, and admitted assaulting the eight individuals who were in the residence when he fired shots at the residence.  Lester has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  Under the terms of his plea agreement, Lester will be sentenced to 66 months in federal prison followed by a term of supervised release to be determined by the court.

            This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Two men from Gallup, N.M., pleaded guilty today to federal charges arising out of a scheme to defraud the United States and the U.S. Department of Housing and Urban Development (HUD) of more than $100,000.  The guilty pleas were announced by U.S. Attorney Damon P. Martinez, Phyllis Robinson, Special Agent in Charge of Region 6, HUD Office of Inspector General, and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.

The defendants, Danny Garcia, 38, and Michael Virruso, 61, were indicted in Aug. 2013, on one count of conspiracy and eight counts of making false claims against the United States.  Garcia also was charged with three counts of theft from programs receiving federal funds. 

According to the indictment, between June 2010 and Oct. 2012, Garcia and Virruso engaged in a scheme to steal federal funds provided by HUD to the Gallup Housing Authority (GHA).  HUD is a federal agency whose core mission is to make quality, affordable housing accessible to all Americans.  HUD oversees and funds programs designed to provide affordable housing for low-income Americans.  One such program, the Capital Fund Program (CFP), provides grants to public housing agencies for the purpose of making improvements to public housing developments.  GHA is a public housing agency that receives approximately $400,000 in CFP grants each year and Garcia was the Executive Director of GHA at the time of the offenses charged in the indictment.

As Executive Director of GHA, Garcia was responsible for selecting contractors to carry out GHA projects, reviewing and approving invoices payable by GHA, and requesting HUD funds to pay for GHA projects.  According to the indictment, in summer 2010, Garcia awarded a contract to remove and replace sidewalks in a GHA housing development to a construction company that employed Virruso and appointed Virruso to act as safety inspector.  While working on the project, Virruso submitted invoices to GHA for work performed by the company and for which the company received payment.  Garcia used GHA funds to pay Virruso’s invoices and then obtained reimbursement from HUD’s CFP.  Virruso and Garcia then formed a company together, MCL Construction.  Virruso submitted a fraudulent invoice from MCL to Garcia, who approved the invoice for payment from HUD funds, and both men collected a share of the proceeds. Virruso fraudulently received more than $75,000 through this scheme.  In addition, Garcia embezzled more than $15,000 of HUD funds by misusing a GHA debit card.

During today’s proceedings, both men entered guilty pleas to Counts 1 and 9 of the indictment charging them with conspiracy to commit false claims against the United States and false claims against the United States.  Garcia also pleaded guilty to Count 10 of the indictment charging him with theft from a program receiving federal funds.  In their respective plea agreements, Garcia and Virruso each admitted participating in the unlawful scheme described in the indictment.  Garcia also admitted embezzling GHA funds by making personal purchases exceeding $5,000 per year using a debit card linked to a GHA bank account.

Under the terms of the plea agreements, Garcia and Virruso each will be sentenced to a prison term within the range of 18 to 24 months followed by a term of supervised release to be determined by the court.  Garcia also was ordered to pay $105,000 with interest in restitution to the United States, including $75,000 that is to be paid jointly with Virruso.  Both men remain on conditions of release pending their sentencing hearings, which have yet to be scheduled.

The case was investigated by the Region 6, HUD Office of Inspector General and the Albuquerque Division of the FBI, and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Carol K.O. Lee, Special Agent in Charge of the FBI’s Albuquerque Division, announced that Antonio Gutierrez, 44, of Albuquerque, N.M., was sentenced today to 30 years in federal prison for his conviction on three production of child pornography charges.  After he completes his prison sentence, Gutierrez will be on supervised release for five years and will be required to register as a sex offender.  Gutierrez also was ordered to pay $14,060 in restitution to the victim of his criminal conduct.

Gutierrez was arrested in Aug. 2012, based on a criminal complaint alleging that he induced a minor to engage in sexually explicit conduct for the purpose of producing child pornography.  Gutierrez subsequently was charged with three counts of production of child pornography in a superseding indictment alleging that he committed the offenses between Aug. 2011 and Nov. 2011 in Bernalillo County, N.M.  

Gutierrez was convicted on all three charges in the superseding indictment on Jan. 27, 2014, after a five-day jury trial.  The evidence at trial established that Gutierrez gave the victim a cellphone in May 2011, on her 16th birthday, and told her that he would pay for the first month of service.  In June 2011, Gutierrez told the victim that he would pay the cellphone service bill if she repaid him with nude photographs of herself, and the victim used her cellphone to take two photographs of herself without clothes and sent the images to Gutierrez’s cellphone.  This began a monthly cycle of Gutierrez refusing to pay for the victim’s cellphone service unless she provided him with nude photographs of herself.  With each passing month, Gutierrez escalated the nature and extent of the sexual conduct in which the victim was required to engage when photographed.

In Nov. 2011, after the victim reported Gutierrez’s unlawful conduct to the Albuquerque Police Department, officers executed a search warrant at Gutierrez’s residence and seized computers, computer-related media and cellphones.  A subsequent forensic examination of Gutierrez’s personal computer revealed many sexually explicit photographs, including sexually explicit photographs of the victim taken by Gutierrez.  Gutierrez testified in his own defense and denied that he produced any child pornography.  Gutierrez also claimed that he did not know how the child pornography ended up on his computer.

This case was investigated by the Albuquerque office of the FBI, the Albuquerque Police Department and the New Mexico Regional Computer Forensic Laboratory.  Assistant U.S. Attorneys Jennifer M. Rozzoni and Marisa A. Lizarraga prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 75 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Kelvin L. Dickerson, of Albuquerque, N.M., pleaded guilty this morning to committing a series of robberies in the summer of 2013. 

Dickerson and his co-defendant, Dominique Dickens, also of Albuquerque, were arrested in Dec. 2013, on an eight-count indictment charging them with conspiracy and seven Hobbs Act robberies.  According to the indictment, between June 2013 and early Sept. 2013, Dickerson and Dickens allegedly engaged in a scheme to rob employees of business engaged in interstate commerce in Bernalillo County, N.M.  Dickens allegedly would drive Dickerson to automatic teller machines (ATMs) where Dickerson would rob individuals who were making deposits.  Dickens allegedly would pick Dickerson up after he committed the robberies and drive him away.

Today Dickenson entered a guilty plea to the indictment and admitted that he and his co-defendant conspired to rob individuals who were making deposits into ATMs between June 28, 2013 and Sept. 5, 2013.  Dickenson also admitted robbing seven individuals during that time period.  The victims of Dickenson’s criminal conduct were employed by One Main Financial, Loan Max Title Loans, Church’s Chicken, National Insurance, Sonic and Radio Shack, all of which are businesses engaged in interstate commerce.

At sentencing, Dickenson faces a maximum statutory penalty of 20 years for each of the eight charges.  Dickenson remains detained pending his sentencing hearing, which has yet to be scheduled.

His co-defendant, Dickens, has entered a not guilty plea and remains on conditions of release pending trial, which has yet to be scheduled.  Charges in an indictment are merely accusations and Dickens is presumed innocent unless found guilty beyond a reasonable doubt.

This case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies.  This initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under the worst of the worst anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from our communities for as long as possible.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – Bernabe Carrasco, 35, of El Paso, Texas, pled guilty this morning in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge pursuant to a plea agreement with the U.S. Attorney’s Office.

Bernabe Carrasco and his co-defendant and cousin, Carlos Jesus Carrasco, 24, also of El Paso, were arrested on Dec. 20, 2013, and charged by criminal complaint with conspiracy and possession of methamphetamine with intent to distribute.  The two men subsequently were indicted on the same two charges.  According to the indictment, Bernabe Carrasco and Carlos Carrasco conspired to distribute methamphetamine on Dec. 19, 2013, and possessed methamphetamine with intent to distribute on Dec. 20, 2013.  The indictment alleges that the two men committed the two offenses in Otero County, N.M.

During today’s proceedings, Bernabe Carrasco pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In his plea agreement, Bernabe Carrasco admitted that on Dec. 20, 2013, he possessed 2.07 kilograms of pure methamphetamine.  Bernabe Carrasco boarded a passenger bus in El Paso in order to take two packages of methamphetamine that were strapped to his body to Amarillo, Texas, in exchange for $1,200.00.  He also acknowledged that he was traveling with his cousin, Carlos Carrasco, who also was carrying methamphetamine.  The cousins were apprehended at the U.S. Border Patrol checkpoint on Highway 54 in New Mexico when Border Patrol agents boarded the bus to conduct a routine immigration check of the passengers.

Carlos Carrasco previously pled guilty to the indictment on May 20, 2014, and also admitted possessing 2.07 kilograms of methamphetamine on Dec. 20, 2013, which he intended to distribute.  

Bernabe Carrasco and Carlos Carrasco have been in federal custody since their arrests and remain detained pending their sentencing hearings, which have yet to be scheduled.  At sentencing, each man faces a sentence of not less than ten years and not more than life in prison.

This case was investigated by the Las Cruces office of the DEA, the U.S. Customs and Border Protection and the U.S. Border Patrol, with assistance from the Doña Ana County Sheriff’s Office.  The case is being prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Mary Cathy Sabado, 48, a member and resident of Jemez Pueblo, was sentenced this morning to a five-year term of probation for her conviction for embezzling money belonging to an Indian tribal organization.  The court will schedule a hearing to determine the amount of restitution Sabado will be required to pay to the victims of her criminal conduct.

Sabado pleaded guilty on Feb. 19, 2014, to a felony information charging her with embezzlement and theft from an Indian tribal organization.  In entering her guilty plea, Sabado admitted that between Feb. 2010 and Oct. 2011, she embezzled $18,095.28 in monies belonging to Jemez Pueblo.  At the time she committed this offense, Sabado was the coordinator for the Jemez Vocational Rehabilitation Project.  Sabado abused her position as an employee of the Pueblo by using purchase orders and a tribal credit card to make unauthorized purchases for her personal use.

The case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

ALBUQUERQUE – Robert G. Wells, 63, of Albuquerque, N.M., was sentenced this morning to a five-year term of probation for embezzling money from an Indian tribal organization.  Wells also was ordered to pay $214,594.13 in restitution to the Jicarilla Apache Nation, the victim of Wells’ criminal conduct.

Wells was arrested in Nov. 2013, on a three-count indictment charging him with embezzling an aggregate of $214,594.13 from the Jicarilla Apache Nation’s Utility Authority between July 2011 and Oct. 2011.  At the time, Wells, a non-Indian, was employed by the Jicarilla Apache Nation as the comptroller for the tribe’s Utility Authority.

On Feb. 24, 2014, Wells pled guilty to all three counts of the indictment and admitted embezzling money from a Wells Fargo Bank account belonging to the Jicarilla Apache Nation’s Utility Authority through an unauthorized withdrawal and two unauthorized transfers.  In his plea agreement, Wells admitted stealing money from the tribe’s bank account on the following three occasions:  $500.00 in July 2011, $92,331 in August 2011, and $121,763 in Oct. 2011.

This case was investigated by the Albuquerque office of the FBI and the Jicarilla Apache Tribal Police Department and was prosecuted by Supervisory Assistant U.S. Attorney Glynette R. Carson McNabb.

ALBUQUERQUE – Keith J. Carr, 30, a member of Laguna Pueblo, pleaded guilty this afternoon to a federal indictment alleging a federal assault charge. 

Carr was arrested on Feb. 28, 2014, on an indictment charging him with assault resulting in serious bodily injury.  According to the indictment, the assault, which injured another Laguna Pueblo man, occurred on Dec. 20, 2012, within Laguna Pueblo in Cibola County, N.M. 

During today’s proceedings, Carr pled guilty to the indictment and admitted that the victim sustained serious bodily injury on Dec. 20, 2012, when Carr crashed the vehicle he was driving and in which the victim was a passenger.  According to the plea agreement, Carr was intoxicated and driving at a high rate of speed when he lost control of his vehicle and caused the vehicle to roll and crash. The victim sustained multiple fractures, nasal bone fractures, fracture of the pneumothorax, orbital fractures, and rib fractures as a result of the assault.

Carr has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Carr faces a statutory maximum penalty of ten years in prison.

This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Alcario Emilio Provencio, 24, a member and resident of the Mescalero Apache Nation, was sentenced this afternoon to 36 months in federal prison followed by three years of supervised release for assaulting a minor in Indian Country.

Provencio was arrested on April 15, 2013, on a criminal complaint charging him with assault resulting in serious bodily injury.  According to the complaint, Provencio assaulted a 16-month-old child who was in his care on Oct. 10, 2012, in a residence located on the Mescalero Apache Reservation.  As a result of the assault, the victim sustained serious injuries including compression fractures of two vertebrae, retinal hemorrhaging, a fractured rib and numerous bruises on the head, face, neck and torso. 

Provencio was in tribal custody on tribal charges related to the assault until his arrest on federal charges.  He has been in federal custody since his federal arrest.

On Oct. 28, 2013, Provencio entered a guilty plea to a felony information charging him with assault of a person under the age of 16 years resulting in substantial bodily injury.  Provencio admitted assaulting the victim by intentionally striking the child, and acknowledged that the victim sustained substantial bodily injury as a result of the assault.

This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Lonnie Ray Youngman, 45, was sentenced this afternoon in federal court in Las Cruces, N.M., to 38 months if federal prison to be followed by three years of supervised release for his conviction on assault with a dangerous weapon and domestic assault by a habitual offender charges.  The sentence was announced by U.S. Attorney Damon P. Martinez and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Youngman, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was arrested on July 8, 2013, on a criminal complaint alleging that he assaulted his domestic partner, a Mescalero Apache woman.  Youngman subsequently was indicted and charged with assaulting the victim with a dangerous weapon on Jan. 6, 2012, and assaulting the victim on Jan. 5, 2012.  Youngman was charged as a habitual domestic offender because he previously had been convicted on domestic assault charges in May 1996 and April 2010.

On March 5, 2014, Youngman entered a guilty plea to the indictment and admitted assaulting the victim on Jan. 5, 2012, by striking her with a wooden table leg.  He also admitted assaulting the victim on Jan. 6, 2012, by punching, kicking and biting her.  The victim sustained serious bodily injuries, including contusions on the face, scalp, neck and arm, a deviated septum, and bite marks, as a result of the assaults.  Both assaults occurred within the Mescalero Apache Reservation.

This case was investigated by the Mescalero Agency of BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office. 

The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Vincent Magoosh, 23, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this afternoon to eight months of incarceration for his assault conviction.  Magoosh then will be on supervised release for two years, six months of which will be served at a half-way house.

Magoosh was arrested on Aug. 2, 2013, on a criminal complaint alleging that he assaulted another Mescalero Apache man on April 28, 2013 with a dangerous weapon.  Magoosh has been in federal custody since that time.

On Jan. 21, 2014, Magoosh pled guilty to a criminal information charging him with assault with a dangerous weapon, and admitted assaulting the victim on April 28, 2013.  In his plea agreement, Magoosh said that an argument with the victim escalated to a physical confrontation during which he armed himself with a broken table leg with nails in it.  Magoosh swung the table leg at the victim and struck him in the head causing a cut to the left side of the victim’s head.

This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney E. Garreth Winstead, III of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Jesus Coronado, 33, of Las Cruces, N.M., was sentenced in Las Cruces federal court this afternoon to 63 months in prison for being a felon in possession of a firearm and ammunition.  Coronado will be on supervised release for three years after he completes his prison sentence.
              
Coronado was arrested on April 26, 2013, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition.  Coronado subsequently was charged in a two-count indictment with unlawfully possessing a firearm and ammunition in Doña Ana County, N.M., on Oct. 26, 2011 and again on Dec. 14, 2012.  At the time, Coronado was prohibited from possessing firearms or ammunition because he previously had been convicted of receiving and transferring stolen property in 2002; receiving stolen property in 2004 and 2008; attempting to commit residential burglary in 2010; and residential burglary in 2011, in the 3rd Judicial District Court for the State of New Mexico.

On Jan. 21, 2014, Coronado pled guilty to both counts of the indictment and admitted that he unlawfully possessed a 12 gauge shotgun on Oct. 26, 2011, and a 9mm handgun on Dec. 14, 2012. 

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco and Firearms, and Explosives and the Doña Ana County Sheriff’s Office, with assistance from the 3rd Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Lee Wayne Weathers, 41, of Las Cruces, N.M., was sentenced in federal court this morning to 60 months in federal prison followed by four years of supervised release for his methamphetamine trafficking conviction. 

Weathers was arrested on Nov. 13, 2013, on an indictment charging him with a methamphetamine trafficking offense.  A heroin trafficking charge was added when the indictment was superseded in Jan. 2014.  According to the superseding indictment, Weathers unlawfully possessed both methamphetamine and heroin with intent to distribute in Doña Ana County, N.M., on Oct. 24, 2013. 

Weathers entered a guilty plea to the methamphetamine trafficking charge on Feb. 11, 2014, and admitted possessing six grams of pure methamphetamine on Oct. 24, 2013, in Doña Ana County.  He also admitted that he intended to distribute the drugs for profit.

This case was investigated by the Las Cruces office of the FBI, from the Doña Ana County Sheriff’s Office and Doña Ana/Las Cruces Metro Narcotics Task Force. The case was prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Jose Alberto Hernandez, 28, of El Paso, TX, was sentenced this morning in federal court in Las Cruces, N.M., to 46 months in federal prison followed by two years of supervised release for his methamphetamine trafficking conviction. 

Hernandez arrested on Aug. 7, 2013, on a criminal complaint charging him with participating in a conspiracy to distribute methamphetamine in Doña Ana County, N.M., in Aug. 2013.  Subsequently, Hernandez and seven others were indicted and charged with conspiracy to distribute methamphetamine in Doña Ana County from May 2013 through Aug. 2013.

According to court filings, Hernandez met with undercover DEA agents in El Paso on Aug. 1, 2013, to deliver three pounds of methamphetamine after a co-conspirator in Guadalajara, Mexico, negotiated the deal with one of the undercover agents.  During the course of the conspiracy, Hernandez and his co-conspirators sold an aggregate of seven pounds of methamphetamine to the undercover agents.

On Feb. 5, 2014, Hernandez pled guilty to a felony information charging him with participation in a methamphetamine conspiracy, and admitted agreeing with a coconspirator to sell three pounds of methamphetamine to the undercover agents in the parking lot of an apartment complex in El Paso.

Two of Hernandez’s co-defendants, who reside in El Paso, also were arrested on Aug. 7, 2013.  Fernando Perches, 31, pled guilty to the indictment on Jan. 14, 2014, while Gabriel Garcia-Moreno, 24, entered a similar guilty plea on Feb. 26, 2014.  Both are detained pending sentencing hearings and each faces a term of not less than ten years in prison to a maximum of life imprisonment. 

Co-defendant Sergio Omar Miranda, 25, a U.S. citizen who resides in Juarez, Chihuahua, Mexico, was arrested on Sept. 20, 2013.  Miranda pled guilty on Feb. 14, 2014, to a felony information charging a methamphetamine trafficking conspiracy.  He is detained pending sentencing when he faces a maximum penalty of 20 years in prison.

Co-defendant Jose R. Rodriguez-Fernandez, 22, of Canutillo, Texas, was arrested on Dec. 16, 2013.  Rodriguez-Fernandez pled guilty on May 19, 2014, to a felony information charging him with participating in a methamphetamine trafficking conspiracy, and faces a maximum penalty of 20 years in prison when he is sentenced.

Co-defendant Evaristo Del Toro Von Ludwitz, 31, a Mexican national from Guadalajara, Mexico, was arrested on May 14, 2014, in McAllen, Texas, and transferred to New Mexico on June 11, 2014.  He has pleaded not guilty to the charge in the indictment.  Hector Zamora, a Mexican national from Guadalajara, Mexico, and Argelia Zavala-Torres, 30, of El Paso, have yet to be arrested and are considered fugitives.  Charges in indictments are merely accusations and these defendants are presumed innocent unless proven guilty in a court of law.

This case was investigated by the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Daniel Enrique Padilla-Esparza, 36, of Thornton, Colo., pleaded guilty today in federal court in Las Cruces, N.M., to an indictment charging him with possession of more than five kilograms of cocaine with intent to distribute.

Padilla-Esparza was arrested on Sept. 13, 2013, on a criminal complaint after U.S. Border Patrol agents found more than 35 pounds (almost 16 kilograms) of cocaine in his vehicle during a traffic stop north of the U.S. Border Patrol checkpoint on Interstate 25 in Doña Ana County, N.M.  The cocaine was discovered in a concealed compartment above the vehicle’s gas tank.  Padilla-Esparza subsequently was indicted on the same charge.

On June 11, 2014, the court denied Padilla-Esparza’s motion to suppress the cocaine and other evidence seized from his vehicle.  During today’s hearing, Padilla-Esparza entered a guilty plea to the indictment under a plea agreement that permits him to appeal from the order denying his motion to suppress the cocaine.

In entering his guilty plea, Padilla-Esparza admitted that on Sept. 13, 2013, while he was driving from El Paso, Texas, to Colorado on Interstate 25, he knew he had cocaine hidden in a secret compartment in his vehicle.  Padilla-Esparza further admitted knowing that the drugs had been secreted in the compartment while he was in El Paso and Juarez, Mexico.  Padilla-Esparza expected to be paid $4,000.00 form transporting the cocaine to Colorado.

Padilla-Esparza has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Padilla-Esparza faces a mandatory minimum of ten years in prison to a maximum of life imprisonment.

This case was investigated by the Las Cruces office of Homeland Security Investigations, U.S. Customs and Border Protection and the U.S. Border Patrol.  Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Jayson Gustina, 24, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., was sentenced this morning to 27 months in federal prison followed by three years of supervised release for his assault conviction.  Gustina also was order to pay $1,654.92 in restitution to cover the costs of medical care for the victim of his criminal conduct.

Gustina was arrested on Oct. 23, 2013, on a criminal complaint charging him with assault resulting in serious bodily injury and aggravated sexual abuse.  On Jan. 19, 2013, Gustina was indicted and charged with assault resulting in serious bodily injury and abusive sexual contact.  According to court filings, Gustina assaulted the victim, a 16-year-old Navajo girl, and attempted to rape her on Aug. 21, 2013, in Shiprock, N.M. 

On March 17, 2014, Gustina admitted assaulting the victim on Aug. 21, 2013.  He also acknowledged that the victim suffered severe bruising, swelling, and a fractured cheek bone as a result of the assault.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Paul H. Spiers. 

The case was prosecuted as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Gregory Bitsilly, 28, an enrolled member of the Navajo Nation who resides in Nenahnezad, N.M., pleaded guilty this morning to an indictment charging him with arson under a plea agreement with the U.S. Attorney’s Office. 

Bitsilly was arrested in March 2014, on a criminal complaint charging him with arson.  He was indicted on that same charge in April 2014.  According to court filings, Bitsilly set fire to the residence he shared with his wife and children on March 24, 2014, because his wife was attempting to leave him for being physically abusive.  The residence and its contents were a total loss.

During today’s proceedings, Bitsilly admitted willfully and maliciously setting fire to the home he resided in with his wife and children on March 24, 2014. 

Under the terms of his plea agreement, Bitsilly will be sentenced to a federal prison term within the range of 24 to 40 months followed by a term of supervised release to be determined by the court.  Bitsilly has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Farmington office of the FBI and the Shiprock Division of the Navajo Nation Division of Public Safety and is being prosecuted by Special Assistant U.S. Attorney David Adams.  It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Julius Scott Mendez, 21, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty this morning to a misdemeanor information charging him with assault. The guilty plea was entered without the benefit of a plea agreement. 

Mendez was arrested on Oct. 10, 2013, on a criminal complaint charging him with assault.  According to court filings, Mendez assaulted the victim, another Mescalero Apache man in a location within the Mescalero Apache Reservation.

During today’s plea hearing, Mendez admitted to assaulting the victim in the early morning hours of Oct. 10, 2013, by kicking the victim in the face and chest.  Mendez also acknowledged that, at the time of the assault, the victim was lying on the ground and unable to defend himself.

Mendez faces a maximum penalty of a year in prison when he is sentenced.  His sentencing hearing has yet to be scheduled.  Mendez was remanded into custody following entry of his guilty plea and will be held pending a detention hearing scheduled for June 30, 2014.

This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office. 

ALBUQUERQUE – Javier J. Reyes, 20, of the Village of Santa Clara in Grant County, N.M., was sentenced today in federal court in Las Cruces, N.M., to 48 months in federal prison followed by three years of supervised release for the unlawful possession of an unregistered short-barreled rifle with an obliterated serial number and for receiving a firearm while under indictment.

Reyes and his co-defendant Gabriel Saiz, 21, of Silver City, N.M., were charged with possession of an unregistered firearm in a criminal complaint filed on March 1, 2013.  The two subsequently were indicted and charged with possession of an unregistered short-barreled rifle, and possession of a firearm with an obliterated serial number.  According to the indictment, Saiz and Reyes possessed a firearm made from a Mossberg .22 caliber rifle with a barrel length of less than 16 inches and an obliterated serial number on Nov. 27, 2012, in Grant County, N.M.

Court filings reflect that Reyes and Saiz were arrested on local charges by the Silver City Police Department on Nov. 27, 2012, in Silver City after they robbed a woman at gunpoint at approximately 7:30 p.m. that day and allegedly assaulted four individuals by brandishing a firearm at them approximately an hour later.  The officers were able to apprehend Reyes and Saiz at approximately 9:00 p.m. that night because the victim of the armed robbery provided the license plate number for the vehicle in which Reyes and Saiz were driving.  When the officers arrested the men, they observed a firearm on the floor board under the front passenger seat. 

Reyes was released pending trial following his arrest.  While on release, Reyes was arrested again on Oct. 25, 2013, on a criminal complaint charging him with receiving a firearm while under indictment.  According to the complaint, Reyes was arrested on Oct. 4, 2013, on state charges at a dormitory of the Western New Mexico University campus by officers who responded to reports of a man with a gun.  At the time of his arrest, Reyes had a firearm in the front waistband of his pants.  Reyes has been in custody since this second arrest.

On Dec. 6, 2013, Reyes pled guilty to the indictment charging him with possession of the unregistered short-barreled rifle with the obliterated serial number.  He also pled guilty to a felony information charging him with receiving a firearm while under indictment.  The pleas were entered without the benefit of any plea agreement.

Saiz, Reyes’ co-defendant, pleaded guilty in Sept. 2013 to both counts of the indictment.  He faces a maximum penalty of ten years in prison for possession of an unregistered firearms and a maximum penalty of five years in prison for possession of a firearm with an obliterated serial number.  He remains detained pending his sentencing hearing, which has not been scheduled.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Silver City Police Department and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Dale N. Smith, 60, of Edgewood, N.M., pleaded guilty this morning to violating the Migratory Bird Treaty Act by selling or offering to sell Bald Eagle feathers.

Smith was arrested on April 10, 2014, on a criminal complaint charging him with violating the Migratory Bird Treaty Act, the Lacey Act and the Bald and Golden Eagle Protection Act in March 2014, in Santa Fe County, N.M.  Smith was indicted on May 7, 2014, and charged with three counts of violating the Migratory Bird Treaty Act and one count of violating the Lacey Act.

Smith, a member of the Lakota/Sioux Tribe of the Hunkpapa Band of Lakota, was charged as the result of an undercover investigation by the U.S. Fish and Wildlife Service that began on March 7, 2014, and concluded with Smith’s arrest on April 10, 2014.  The investigation was initiated after the U.S. Fish and Wildlife Service received information that Smith had posted on an Internet website photographs of Indian arts and crafts which appeared to include federally protected feathers. 

On March 7, 2014, an undercover agent contacted Smith and inquired about the feathers on one particular piece of art.  Smith responded that the feathers were Bald Eagle feathers and offered to sell the artwork for $1,000.  On March 20, 2014, Smith sold a feather fan containing Bald Eagle feathers and a medicine wheel containing Bald Eagle feathers to the undercover agent for $1,000.  On March 20, 2014 and again on March 24, 2014, Smith offered to sell a headdress with bald eagle feathers to the undercover agent for $2,000.

Today, Smith pled guilty to one count of violating the Migratory Bird Treaty Act, and admitted selling a feather fan with Bald Eagle feathers to an undercover agent on March 20, 2014.  In his plea agreement, Smith acknowledged that the Bald Eagle qualifies as a migratory bird and that he violated the Migratory Bird Treaty Act when he sold the Bald Eagle feather fan to the undercover agent.

At sentencing, Smith faces a maximum statutory penalty of two years in prison to be followed by a term of supervised release and a $250,000 fine.  Smith remains on conditions of release pending his sentencing hearing, which has yet to be scheduled.

Bald Eagles are amongst more than 1000 wild birds protected under the federal wildlife laws, including the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, and the Lacey Act.  Among other things, these laws prohibit the possession, use, and sale of the feathers or other parts of federally protected birds, as well as the unauthorized killing of these birds, to help ensure that the Eagle and other bird populations remain healthy and sustainable.
This case is being prosecuted by Assistant U.S. Attorney Paul H. Spiers and was investigated by the U.S. Fish and Wildlife Service, Office of Law Enforcement with assistance from the New Mexico Game and Fish Department, Homeland Security Investigations, the U. S. Marshals Service, and Santa Fe County Sheriff's Office.  

The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people.  It is both a leader and trusted partner in fish and wildlife conservation, known for its scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service.  For more information on its work and the people who make it happen, visit www.fws.gov.  Connect with its Facebook page at www.facebook.com/usfws, follow its tweets at www.twitter.com/usfwshq, watch its YouTube Channel at http://www.youtube.com/usfws and download photos from its Flickr page at http://www.flickr.com/photos/usfwshq.

ALBUQUERQUE – Dan Curtis Thompson, 33, of Shiprock, N.M., was sentenced today to 35 months in federal prison followed by five years of supervised release for his conviction on an arson charge.  Thompson also was ordered to pay $57,415.02 to the Navajo Housing Authority to pay for damage caused by his criminal conduct.  The sentence was announced by U.S. Attorney Damon P. Martinez and John Billison, Director of the Navajo Nation Division of Public Safety. 

Thompson and his twin sister, Christina Thompson were arrested in Oct. 2013, on an indictment charging them with willfully and maliciously setting fire to an occupied rental unit at the Navajo Housing Authority in Ojo Amarillo, located on the Navajo Indian Reservation, on Jan. 9, 2013.

On Feb. 18, 2014, Thompson pled guilty to the indictment and admitted setting fire to his former girlfriend’s residence on Jan. 9, 2013.  Thompson resided in the victim’s apartment until she ejected him after he had a “forceful physical interaction” with her.  As Thompson’s resentment towards the victim grew, he began putting into place plans to burn her residence.  Thompson’s sister drove Thompson to the victim’s residence on Jan. 9, 2013, where he shattered a window so he could unlock the door and enter the residence.  Once inside, Thompson poured gasoline in the residence; after igniting the gasoline, Thompson fled from the residence with his sister’s assistance.  Thompson admitted that he did not check to see if anyone was in the residence when he lit the fire, and that he burned the victim’s residence to retaliate against her.

Christina Thompson entered a guilty plea to the indictment on April 11, 2014, and admitted helping her brother set fire to the victim’s residence.  Christina Thompson admitted driving her brother to the victim’s residence where he set the residence on fire.  She also admitted helping her brother flee from the site of the arson.  Christina Thompson was remanded into federal custody after entering her guilty plea and remains detained pending her sentencing hearing, which has yet to be scheduled.

This case was investigated by the Shiprock Division of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.  It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Ernesto Garcia-Castro, 42, a Mexican national from Ayuquilia, Oaxaca, Mexico, illegally present in the United States, was sentenced this afternoon to ten years in federal prison for his heroin trafficking conviction.  Garcia-Castro will be deported after he completes his prison sentence.

Garcia-Castro and his co-defendant Luis Arturo Plazola-Jara, 32, a Mexican national from La Palma, Nayarit, Mexico, were arrested on June 17, 2013, after law enforcement officers found more than four pounds of heroin and narcotics paraphernalia when they executed a search warrant at Garcia-Castro’s residence in southeast Albuquerque.  The two subsequently were indicted and charged with conspiracy and possession of heroin with intent to distribute.

Garcia-Castro pled guilty to possession of heroin with intent to distribute on Feb. 18, 2014.  Plazola-Jara entered a guilty plea to possession of heroin with intent to distribute on Feb. 6, 2014 and was sentenced to 37 months in federal prison.  He will be deported after he completes his prison sentence.

This case was investigated by the Albuquerque office of the DEA and the Bernalillo County Sheriff’s Office and was prosecuted by Assistant U.S. Attorney William J. Pflugrath.

ALBUQUERQUE – Kristi K. Sepkowitz, 55, of Alto, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to a felony information charging her with embezzling money belonging to the United States.  Sepkowitz was the Postmaster of the Capitan Post Office in Lincoln County, N.M., when she committed the offense to which she pled guilty.

In her plea agreement, Sepkowitz acknowledged that as Postmaster of the Capitan Post Office, she held a position of trust with respect to funds belonging to the U.S. Postal Service that came into her possession.  Sepkowitz admitted that between Feb. 2012 and Dec. 2013, she betrayed that trust by engaging in an unlawful scheme pursuant to which she embezzled and converted funds, including cash and money orders, belonging to the U.S. Postal Service to her own use. 

During the course of the scheme, Sepkowitz issued postal money orders to herself without making appropriate payment.  She also took cash from daily postal deposits and used the cash for her own purposes.  Sepkowitz attempted to pay back the postal funds she embezzled by writing checks on her personal bank account and depositing the checks with the daily postal deposits.

According to court filings, Sepkowitz embezzled and converted more than $450,000 in postal funds over the course of the scheme.  She has fully repaid the U.S. Postal Service for the postal funds she embezzled and converted to her own use.

Under the terms of her plea agreement, Sepkowitz will be sentenced to three years of probation and required to pay a $1,000.00 fine.  She remains on conditions of release pending her sentencing hearing, which has yet to be scheduled.

This case was investigated by the U.S. Postal Service, Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Brock E. Taylor, of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Timothy Patrick Shanks, 39, of Albuquerque, N.M., was sentenced this morning to 144 months in federal prison followed by three years of supervised release for his conviction on firearms charges.  The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Bernalillo County Sheriff Dan Houston.

Shanks was arrested on July 3, 2013, on a criminal complaint charging him with being a felon unlawfully in possession of a firearm.  According to the criminal complaint, on June 24, 2013, the Bernalillo County Sheriff’s Office and ATF executed a search warrant at Shanks’ residence and recovered a firearm believed to have been used in the armed robbery of a Dollar General store located at 3211 Coors Blvd. SW on June 22, 2013.  On July 25, 2013, Shanks was indicted and charged with being a felon in possession of a firearm, violating the Hobbs Act by committing an armed robbery of a business engaged in interstate commerce, and brandishing a firearm in relation to a crime of violence.

Thereafter, Shanks was charged in a superseding indictment with the following six crimes:  (1) being a felon in possession of a firearm and ammunition on June 22, 2013, (2) violating the Hobbs Act by committing an armed robbery of a business engaged in interstate commerce on June 22, 2013, (3) brandishing a firearm in relation to a crime of violence, (4) distributing methamphetamine on May 9, 2013, (5) being a felon in possession of a firearm on May 21, 2013, and (6) being a felon in possession of a firearm on June 3, 2013.  The superseding indictment alleged that all six offenses were committed in Bernalillo County, N.M.

On Feb. 19, 2014, Shanks pleaded guilty to Counts 3 and 5 of the superseding indictment charging him with brandishing a firearm during a crime of violence and being a felon in possession of a firearm.  In his plea agreement, Shanks admitted brandishing a revolver when he robbed the Dollar General store on June 22, 2013.  He also admitted possessing a 9 mm caliber rifle on May 21, 2013.  Shanks acknowledged that he was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a controlled substance with intent to distribute, and of possession of a controlled substance. 

This case was investigated by the Albuquerque office of ATF and the Bernalillo County Sheriff’s Office with assistance from the 2nd Judicial District Attorney’s Office.  It was prosecuted by Assistant U.S. Attorney David M. Walsh as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Sam Eylicio, Jr., 37, of Albuquerque, N.M., pleaded guilty this morning to participating in a cocaine base trafficking conspiracy.  Under the terms of his plea agreement, Eylicio will be sentenced to 125 months in federal prison followed by four years of supervised release.

Eylicio was one of five men who were indicted in April 2013, on federal narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA led investigation into an organization that allegedly manufactured and distributed cocaine base, more commonly known as “crack” or “crack cocaine,” in Bernalillo and Santa Fe Counties, N.M.

The five-count indictment charged Eylicio, Gabriel Mirabal, 33, and Dominic Anaya, 33, of Albuquerque, and Michael Jaramillo, 24, and Robert Romero, 26, of Santa Fe, with conspiring to distribute crack cocaine in Bernalillo and Santa Fe Counties between May 2012 and April 2013.  Jaramillo also was charged with distributing crack cocaine in Santa Fe in March 2012.  Romero was charged with possession of crack cocaine with intent to distribute in Santa Fe in July 2012, and with using and carrying a firearm in furtherance of a drug trafficking crime.  Mirabal was charged with possessing cocaine with intent to distribute in Albuquerque in Feb. 2013.

Today Eylicio pled guilty to the conspiracy count of the indictment and admitted purchasing ounce quantities of crack cocaine and cocaine from a co-conspirator and then selling the drugs to others for profit.  As an example, Eylicio acknowledged negotiating the purchase of three ounces of crack cocaine and eleven ounces of cocaine from the co-conspirator on June 27, 2012.  Eylicio remains in federal custody pending his sentencing hearing, which has yet to be scheduled. 

Jaramillo entered a guilty plea on March 21, 2014, to the conspiracy count and admitted purchasing crack cocaine from two of his co-defendants and then reselling it to others.  Under the terms of his plea agreement, Jaramillo will be sentenced to 78 months in federal prison followed by four years of supervised release.  He remains in custody pending his sentencing hearing which is scheduled for June 30, 2014.

Romero pled guilty to two drug trafficking charges and a firearms charge on May 13, 2014, under a plea agreement that requires him to be sentenced to ten years in federal prison followed by four years of supervised release.  Romero admitted that on July 2012, he was stopped by law enforcement officers who searched Romero’s vehicle and found 11.1 grams of crack cocaine, which was packaged for resale, and a handgun Romero used for protection while distributing drugs.  Romero remains in federal custody pending his sentencing hearing which is scheduled for Aug. 13, 2014.

Mirabal and Anaya have entered not guilty pleas to the indictment.  If convicted of the drug trafficking charges against them, each faces a maximum penalty of not less than five years or more than 40 years in prison.  They remain in custody pending trial.  An indictment is merely an accusation, and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, with assistance from the 1st Judicial District Attorney’s Office for the State of New Mexico, and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei. 

The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and the Santa Fe County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program.  HIDTA is a program of the White House Office of National Drug Control Policy that provides assistance to Federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States. 

The investigation leading to the indictment, has been designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program,  a nationwide Department of Justice initiative that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

ALBUQUERQUE – In May 2014, a federal grand jury returned an indictment charging six individuals with narcotics trafficking offenses as the result of a multi-agency federal investigation primarily targeting drug traffickers in Lea County, N.M.  Three more indictments have been filed as a result of that investigation, announced U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division and Commander Byron Wester of the Lea County Drug Task Force (LCDTF).

The three indictments were filed on June 18, 2014.  The first indictment charges the following six individuals with trafficking methamphetamine in Lea County:  Leroy Castillo, 32, Joe Padilla, 33, and Roland Cantu, 38, of Hobbs, N.M., Mario Enrique Flores, 28, of Artesia, N.M., and Anthony Joe Pisana, 28, of Roswell, N.M.  The second indictment charges Ruben Cantu, 41, of Hobbs, with violating the federal firearms laws.  The third indictment charges Antonio Acosta, 30, also of Hobbs with trafficking methamphetamine in Lea County and being a felon in possession of a firearm.

Pisana was arrested Friday morning (June 20, 2014) during a law enforcement operation and made his initial appearances in federal court in Roswell today.  During Friday’s law enforcement operation, officers also executed two search warrants at a residence in Roswell where they recovered approximately 2.25 pounds of methamphetamine and more than $9,000.00 in cash.

Roland Cantu, Ruben Cantu and Acosta are in state custody and will be transferred to federal custody to face the charges in the indictments.  Castillo, Padilla and Flores have yet to be arrested and are considered fugitives.  Individuals with information regarding the whereabouts of Castillo, Padilla or Flores are asked to call the FBI at 505-622-6001.

The six-defendant indictment includes a conspiracy count against all six defendants; two counts of possession of methamphetamine with intent to distribute; and four counts of using communication devices to facilitate drug trafficking crimes.  If convicted on the charges in the indictment, each defendant faces a mandatory minimum of five years to a maximum of 40 years in prison.

Ruben Cantu faces two counts of being a felon in possession of firearms and ammunition for unlawfully possessing a firearm and ammunition in March 2014.  At the time, Cantu was prohibited from possessing firearms or ammunition because he previously had been convicted of a marijuana trafficking charge.  If convicted, Cantu faces a maximum penalty of ten years in prison.

Acosta is charged with two counts of possession of methamphetamine with intent to distribute and one count of being a felon in possession of a firearm and ammunition in March 2014.  At the time, Acosta was prohibited from possessing firearms or ammunition because he previously had been convicted of forgery, possession of a controlled substance, and possession of methamphetamine.  If convicted, Acosta faces a maximum of 20 years in prison on the narcotics charges and ten years on the firearms charge.

These cases are being prosecuted by the U.S. Attorney’s Las Cruces Branch Office.  The investigation of these cases, which was led by the Las Cruces and Roswell offices of the FBI and LCDTF with assistance from the Las Cruces office of the DEA and New Mexico State Police, was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Irving Shendo, 59, a member of the Jemez Pueblo, pleaded guilty this morning to a felony information charging him with aggravated sexual abuse of a child.  Under the terms of his plea agreement, Shendo will be sentenced to eight years in federal prison followed by a term of supervised release to be determined by the court.  Shendo also will be required to register as a sex offender.

Shendo was arrested in July 2013, based on a criminal complaint alleging that he engaged in a sexual act with a Jemez Pueblo child under the age of 12 years.  According to court filings, Shendo sexually abused the child victim in August 2008 in a residence located on Jemez Pueblo, N.M., but his criminal conduct was first reported to law enforcement authorities in April 2013. 

During today’s change of plea hearing, Shendo admitted that on Aug. 1, 2008, he engaged in a sexual act with the child victim.  He further acknowledged committing the crime in Jemez Pueblo.

Shendo has been in federal custody since his arrest.  He remains detained pending his sentencing hearing, which has yet to be scheduled. 

This case was investigated by the Albuquerque office of the FBI, the Jemez Pueblo Tribal Police Department and the Albuquerque Police Department.  The case is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Gilbert Yazzie, 45, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a felony information charging him with aggravated sexual abuse of a child.  Under the terms of his plea agreement, Yazzie will be sentenced to eight years in federal prison followed by a term of supervised release to be determined by the court.  Yazzie also will be required to register as a sex offender.

Yazzie was arrested in June 2013, based on a criminal complaint alleging that he engaged in a sexual act with a Navajo child under the age of 12 years.  According to court filings, Yazzie sexually abused the child victim on June 15, 2013, in a residence in Shiprock, which is within the Navajo Indian Reservation.  During today’s change of plea hearing, Yazzie admitted that on June 15, 2013, he engaged in a sexual act with the child victim.

Yazzie has been in federal custody since his arrest.  He remains detained pending his sentencing hearing, which has yet to be scheduled. 

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.  The case is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Glynette R. Carson McNabb as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Gabriel Armas, 30, was sentenced today to five years of probation for his misdemeanor assault conviction.

Armas, a non-Indian man from Chama, N.M., entered a guilty plea on March 17, 2014, to a misdemeanor information charging him with assault.  According to the information, Armas threatened to physically harm a Jicarilla Apache woman on May 12, 2012, in a location within the Jicarilla Apache Nation.  In entering his guilty plea, Armas admitted assaulting the victim by placing her in fear that she was in danger of an immediate battery. 

This case was investigated by the Jicarilla Apache Tribal Police Department and was prosecuted by Special Assistant U.S. Attorney David Adams. 

This case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – A federal grand jury sitting in San Antonio, Texas, has indicted Angus Kelly McGinty, 50, a former Texas state district court judge in Bexar County, Texas, on bribery, extortion and wire fraud charges, announced Damon P. Martinez, U.S. Attorney for the District of New Mexico, and Christopher Combs, Special Agent in Charge of the FBI’s San Antonio Division.

The 15-count indictment, which was filed in the U.S. District Court for the Western District of Texas late yesterday afternoon, charges McGinty with one count of conspiracy to commit federal programs bribery, one count of federal programs bribery, one count of extortion under color of official right, and 12 counts of honest services wire fraud.  At the time of the events underlying the charges in the indictment, McGinty was a state district court judge in the criminal division of the 144th Judicial District Court in Bexar County, Texas.  The indictment generally alleges that between Jan. 2013 and Sept. 2013, McGinty solicited and accepted bribes from an attorney who appeared before him in exchange for favorable rulings for the attorney’s clients.  McGinty resigned from the bench on Feb. 14, 2014.
In announcing the indictment, U.S. Attorney Damon P. Martinez said, “The outcome of criminal cases should be determined by the evidence and the law, not by paid-for bias.  When citizens cannot have faith in the very people who are sworn to uphold the law, confidence in our judicial system is shaken.  The Justice Department is committed to restoring that faith by rooting out corruption wherever it may be found.”

“A fair and impartial criminal justice system is one of the cornerstones of our democracy,” said FBI Special Agent in Charge Christopher Combs.  “Judges, in particular, are expected to protect the public’s trust in the fairness of the judicial system. Investigations such as the one leading to today’s indictment are crucial to deter corrupt officials influenced by greed from breaking their oath to uphold the rule of law.  This case should serve as a strong warning to those who might consider similar alleged behavior.  No one is above the law, and everyone is accountable for their misdeeds.”

According to the indictment’s conspiracy count, from Jan. 2013 through Sept. 2013, McGinty allegedly solicited and accepted bribes from Alberto Acevedo, Jr., an attorney in San Antonio, in exchange for favorable judicial rulings that benefited Acevedo and his clients.  The indictment alleges that Acevedo’s bribes to McGinty included cash, car repairs, arranging the sale of McGinty’s vehicle, and registering a vehicle purchased by McGinty.  In exchange, McGinty allegedly provided the favorable judicial rulings requested by Acevedo, including lenient sentences and less restrictive conditions of release for Acevedo’s clients.  McGinty allegedly received gifts, payments and other things of value totaling more than $6,655 from Acevedo during the course of the conspiracy.

Count 2 of the indictment alleges that McGinty corruptly solicited and accepted bribes in the form of car repairs and services to vehicles from Acevedo in exchange for using his official position to benefit Acevedo and his clients.  Count 3 alleges that McGinty acting under color of official right in extorting and obtaining property to which he was not entitled from Acevedo.  Counts 4 through 15 charge McGinty with engaging in a scheme to defraud the State of Texas and Bexar County and their citizens of their right to his honest services by soliciting and accepting bribes from Acevedo in exchange for using his official position to benefit Acevedo and his clients.  Each of the 12 counts alleges a specific wire communication by which McGinty allegedly perpetuated the fraudulent scheme.

If convicted on the charges in the indictment, McGinty faces a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.  The charges against McGinty are merely accusations and he is presumed innocent unless found guilty in a court of law.

Acevedo pled guilty on March 17, 2014, to a felony information charging him with bribery involving a program receiving federal funds.  In entering his guilty plea, Acevedo admitted that he corruptly influenced a state court judge by giving him things of value.  In his plea agreement, Acevedo admitted giving gifts, payments and other things of value totaling more than $6,655 to the state court judge in exchange for favorable judicial rulings that benefitted him and his clients.  At sentencing, Acevedo faces a maximum statutory penalty of ten years in prison and a $250,000 fine.  Acevedo is released on bond pending his sentencing hearing, which has yet to be scheduled.

U.S. Attorney Damon P. Martinez praised the investigative work of the San Antonio Division of the FBI, which he noted is ongoing.  The prosecution of this case in federal court in San Antonio, Texas, is being handled by Special Attorneys Mark A. Saltman and Brock E. Taylor of the U.S. Attorney’s Office for the District of New Mexico.  The U.S. Attorney’s Office for the Western District of Texas is recused.

• McGinty Indictment

ALBUQUERQUE – Daisy Alaniz, 28, of Albuquerque, N.M., was sentenced today to 27 months in federal prison followed by two years of supervised release for her bank robbery conviction.

Alaniz and her co-defendant, Anthony Paloni, 51, also of Albuquerque, were arrested on April 20, 2013, on bank robbery charges.  Both have been in federal custody since that time. 

According to court filings, Alaniz and Paloni robbed the Bank of the West branch located at 1422 Carlisle Blvd. NE in Albuquerque on the morning of April 20, 2013.  On that day, Paloni drove Alaniz to the bank where Alaniz demanded that the tellers put currency into her duffle bag while holding her hand inside the front pocket of her jacket in a way that suggested that she might be holding a weapon.  Paloni drove Alaniz away from the bank, and officers later located the pair at a truck stop in the vicinity of University Blvd NE and Menaul in Albuquerque.  The officers were able to recover the money that Alaniz stole from the bank, most of which was in the duffle bag that Alaniz used during the robbery and the remainder was in Paloni’s possession.

Alaniz entered a guilty plea to a bank robbery charge on March 24, 2014, and admitted robbing the bank on April 20, 2013.  In her plea agreement, she stated that she drew a beard and mustache on her fact to make herself look like a man before entering the bank.

Paloni plead guilty to a bank robbery charge in July 2013, and was sentenced to 30 months in federal prison followed by two years of supervised release in Oct. 2013.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorney Charles L. Barth.