District of New Mexico

ALBUQUERQUE – Serafina Madrid, 35, of Las Vegas, Nev., pleaded guilty this morning in federal court in Albuquerque, N.M., to a felony information charging her with transporting an illegal alien.  Under the terms of her plea agreement, Madrid will be sentenced to a term of probation to be determined by the court.

Madrid was arrested on Aug. 1, 2013, based on a criminal complaint charging her with unlawfully transporting of an illegal alien.  According to the criminal complaint, on that day, law enforcement officers encountered Madrid at the Greyhound bus station in Albuquerque.  At the time of the encounter, Madrid was transporting a 16-month old toddler from San Diego, Cal. to Atlanta, Ga.  The toddler was a Mexican national unlawfully in the United States.

In entering her guilty plea, Madrid admitted that she was transporting the child, who was an illegal alien from Mexico, when she was arrested on Aug. 1, 2013.   Madrid further admitted that she had been paid $1200.00 to transport the 16-month old toddler from San Diego, Calif., to Atlanta, Ga., and that she expected additional payment when she delivered the toddler to her mother in Georgia.

Madrid remains on conditions of release and under pretrial supervision pending her sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of U.S. Customs and Border Protection, with assistance from the Albuquerque office of the DEA and the Pueblo of Laguna Tribal Police Department, and is being prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and Charles L. Barth.

ALBUQUERQUE – Matthew Louis Brown, 32, was sentenced today to 17 months in federal prison followed by three years of supervised release for his conviction for domestic assault by a habitual offender charge.  Brown also was ordered to pay $1,250 in restitution to the Indian Health Services to cover the costs of medical care for the victim.

The sentence was announced by Acting 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 Police Chief Brian Carr of the Pueblo of Laguna Tribal Police Department.

Brown, a member of the Pueblo of Laguna who resides in Mesita, N.M., was arrested on Oct. 2, 2013, based on a two-count indictment alleging that (1) he assaulted his intimate partner, a member of the Pueblo of Acoma, and (2) he assaulted the victim causing her serious bodily injury.  Brown was charged federally as a habitual domestic violence offender because he has two prior domestic violence convictions in the Pueblo of Laguna Tribal Court.

On Jan. 7, 2014, Brown pled guilty to Count 1 of the indictment and admitted assaulting the victim, his intimate partner and the mother of his child, by striking her in the face multiple times with a closed fist and kicking her head while she was on the ground.  Brown also admitted that the victim sustained serious bodily injury as a result of his attack and that he committed this crime on July 25, 2011, in a location within the Pueblo of Laguna. 

Court records reflect that Brown previously was convicted on domestic violence charges before the Pueblo of Laguna Tribal Court in 2004 and 2008.

This case was investigated by the Laguna/Acoma Agency of BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department and was 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 – Brandon Lawrence Jones, 36, of San Diego, Calif., and Jesus Manuel Gallegos, 42, of El Paso, Texas, were sentenced today for their federal kidnapping convictions.  Jones was sentenced to 35 years in prison while Gallegos was sentenced to 30 years in prison.  Each man will be on supervised release for five years after completing his prison sentence.  Jones and Gallegos jointly were ordered to pay $1,990 in restitution to the victim. 

According to court records, on the night of Nov. 5, 2011, Jones and Gallegos carjacked and kidnapped a man as he was leaving a basketball game in El Paso, Texas.  Using an air pistol that resembled semi-automatic pistol, Jones forced the victim to get into the passenger seat of his own vehicle.  Thereafter, Gallegos joined Jones and the victim in the vehicle.  After directing the victim to identify banks at which the victim maintained accounts, Jones took bank cards out of the victim’s wallet; forced the victim to reveal the PINs for his bank accounts; and withdrew cash from the victim’s bank accounts.  During this time, Jones and Gallegos repeatedly struck the victim in the face and body with their fists. 

Jones and Gallegos drove the vehicle from El Paso to Clines Corner, N.M.  During one stop, they duct-taped the victim’s hands and feet, but later released him from the restraints when they realized that it might be hard to explain a restrained passenger as they crossed through the U.S. Border Patrol checkpoint at Hatch, N.M.  During a stop in Albuquerque, N.M., Jones and Gallegos continued to use the victim’s bank card to withdraw money from the victim’s bank accounts.  When they arrived at Clines Corner in the early morning of Nov. 6, 2011, Jones and Gallegos parked the vehicle at a truck stop and fell asleep.  After ensuring that his kidnappers were asleep, the victim escaped from the vehicle and sought help from restaurant employees at the Clines Corner truck stop who called 911 and helped the victim contact family members in El Paso.  Shortly thereafter, officers of the New Mexico State Police and Torrance County Sheriff's Office arrested Jones and Gallegos, who were still asleep in the victim’s vehicle.

When they were arrested on state charges, Jones was in possession of a wallet containing the victim’s driver's license, and Gallegos was in possession of one of the victim’s bank cards.  In the vehicle, the officers found an air pistol, which looked like a semi-automatic pistol with a laser site, ATM receipts, and wads of used duct tape.

Jones and Gallegos were arrested on federal charges on Nov. 7, 2011, and have been in federal custody since that time.  Jones entered his guilty plea to a kidnapping charge on Dec. 28, 2012, and Gallegos entered his guilty plea to a similar charge on Jan. 3, 2013.  Both guilty pleas were entered without the benefit of plea agreements.

The case was investigated by the Albuquerque Division of the FBI, the New Mexico State Police and the Torrance County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorneys Charles L. Barth and William J. Pflugrath.

ALBUQUERQUE – Bobby Concho, 53, pleaded guilty this morning to federal assault and domestic assault by a habitual offender charges.  Under the terms of his plea agreement, Concho will be sentenced to 40 months in federal prison followed by a term of supervised release to be determined by the court.

Concho, a member and resident of Zuni Pueblo, N.M., was arrested on Feb. 25, 2014, on a two-count indictment charging him with assault with a dangerous weapon and domestic assault by a habitual offender.  According to the indictment, Concho assaulted his intimate partner with a metal folding chair on June 23, 2013, in Indian Country in McKinley County, N.M.  Concho was charged as a habitual offender because he previously had been convicted on domestic assault charges in the Zuni Tribal Court in 2006 and in the McKinley County Magistrate Court in 2004.

Today, Concho entered a guilty plea to both counts of the indictment.  In entering his guilty plea, Concho admitted assaulting his intimate partner on June 23, 2013, by striking her in the face multiple times with a closed fist and hitting her with a metal folding chair with the intention of causing bodily harm.   Concho acknowledged committing the assault within Zuni Pueblo.

Concho 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 Zuni Tribal Police Department and is being prosecuted by Tribal 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 – Noah John Carney, 20, of Phoenix, Ariz., entered a guilty plea this morning in Las Cruces federal court to attempting to induce a minor to produce child pornography.  Under the terms of the plea agreement, Carney will be sentenced to ten years in federal prison followed by ten years of supervised release.  Carney also will be required to register as a sex offender.

Carney was arrested in Oct. 2013, on a criminal complaint charging him with inducing a minor to engage in sexually explicit conduct and attempting to have minor produce child pornography.  In March 2014, Carney was indicted and charged with attempting to produce child pornography, attempting to receive child pornography, and attempting to entice a minor to engage in sexual activity.  

During today’s proceedings, Carney entered a guilty plea to Count 3 of the indictment charging him with attempting to entice a minor to engage in sexual activity.  In his plea agreement, Carney admitted contacting the victim through an Internet game in Aug. 2013, and learning that the victim was 13-years-old.  During that “chat” and subsequent telephone, email and text communications, Carney engaged in sexually explicit conversations with the victim.  Carney asked the victim to send him nude photographs of her and sent her a nude photograph of him.   He also discussed plans to travel to New Mexico to have sex with the victim. 

According to court filings, the FBI performed a search of the victim’s cellular telephone and Kindle device, and found Carney’s nude photo and some of the “chats” between Carney and the child victim.  In mid-Sept. 2013, the Albuquerque Police Department (APD) joined the FBI’s investigation and an APD officer assumed the victim’s on-line identity and began communicating with Carney.  During an Oct. 3, 2013 “chat,” Carney asked the officer who was posing as the child victim for a sexually explicit photo, and on the following day, Carney sent the officer a video of an adult engaged in sexually explicit conduct.  Carney was arrested in Phoenix by the FBI on Oct. 24, 2013, and was transferred to New Mexico to face the charges in this case.

Carney 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 Las Cruces office of the FBI and APD, with assistance from the New Mexico Regional Computer Forensic Laboratory, and is being prosecuted by Special Assistant U.S. Attorney Anna Wright of the U.S. Attorney’s Las Cruces Branch Office.  The case was filed as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Edward Albert Marquez, 68, the manager and operator of Club Tropicana in Espanola, N.M., pleaded guilty this morning to violating the federal tax laws.

Marquez entered a guilty plea to a two-count felony information charging him with making and subscribing a false tax return, and aiding and assisting the presentment of a false tax return.  Count 1 of the information charged Marquez with filing a tax return for tax year 2009 in which he reported no income from Club Tropicana when in fact he received income from Club Tropicana resulting in a tax loss to the United States of $32,701.  Count 2 charged Marquez with assisting in the preparation of a tax return for Club Tropicana for tax year 2009 which failed to report income and resulted in a tax loss to the United States of $81,040.

In his plea agreement, Marquez admitted filing false tax returns and assisting in the presentation of false tax returns to evade the assessment of federal taxes by the IRS.  The plea agreement states that from 2007 to 2009, Marquez “skimmed” money from Club Tropicana, a bar and package liquor store in Espanola which Marquez operated and managed.  Marquez knowingly provided information that falsely underreported the gross income generated by Club Tropicana in the club owner’s tax returns for tax years 2007, 2008 and 2009.  Marquez also took cash from Club Tropicana’s gross receipts, deposited the cash in his personal bank account, and failed to report this income in his 2007, 2008 and 2009 tax returns. Today, Marquez admitted that the false returns he filed and caused to be filed resulted in an aggregate of $297,842 in tax losses to the United States.

At sentencing, Marquez faces a statutory maximum penalty of three years in federal prison on each of the two charges.  Under the terms of his plea agreement, Marquez also will be required to pay $297,842 in restitution to the IRS.  Marquez was released on conditions of release and under pretrial supervision pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Stephen R. Kotz.

• Marquez Information

• Marquez Plea Agreement

ALBUQUERQUE – Abel Michael Quiroz, 26, a U.S. Border Patrol Agent who resides in Las Cruces, N.M., was arrested yesterday on federal child pornography offenses.  Quiroz made his initial appearance in federal court in Las Cruces this morning.  He remains in custody pending a detention hearing which has yet to be scheduled.

Quiroz was arrested on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct.  According to the criminal complaint, Homeland Security Investigations (HSI) initiated an investigation into Quiroz after receiving information that an adult male, later confirmed to be Quiroz, was having inappropriate communications with a 15-year-old child (victim).

The complaint alleges that execution of a search warrant for the contents of an email address belonging to Quiroz revealed found numerous sexually explicit communications between Quiroz and the victim as well as nude and sexually explicit photographs of the victim.  On April 29, 2014, HSI special agents executed a federal search warrant at Quiroz’s residence where they seized digital media and arrested Quiroz.  There is no evidence suggesting that Quiroz’s alleged criminal activities were conducted with government-owned equipment or technology.

If convicted of the charges in the criminal complaint, Quiroz faces a federal prison term of not less than five years and not more than 20 years.  If convicted, Quiroz 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 Child Exploitation Unit of HSI’s office in Las Cruces pursuant to Project iGuardian, an HSI initiative designed to reach children, parents and teachers and share information about the dangers of online environments, how to stay safe online and how to report abuse and suspicious activity.  The Olathe (Kansas) Police Department assisted in the investigation.

The case is being prosecuted by Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office 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 – Jeremy Cuevas, 35, of Silver City, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to 77 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.  The sentence was announced by Acting U.S. Attorney Damon P. Martinez, 6th Judicial District Attorney Francesca Martinez-Estevez and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas.

Cuevas was arrested in Nov. 2013 in a criminal complaint alleging that Cuevas unlawfully possessed a handgun and ammunition in Grant County, N.M., on Oct. 4, 2012.  According to the complaint, state probation officers who were conducting a field visit at Cuevas’ residence on Oct. 4, 2012, contacted the Silver City Police Department after learning that Cuevas was in possession of methamphetamine.  The Silver City Police Department obtained a search warrant for Cuevas residence.  When the officers executed the search warrant, they seized a handgun and ammunition, a small amount of methamphetamine and drug paraphernalia.

Court records reflect that Cuevas was prohibited from possessing firearms or ammunition in Oct. 2012 because he previously had been convicted of the following felony offenses in the 6th Judicial District Court for the State of New Mexico:  trafficking in cocaine in 1999; attempted aggravated battery in 2000; possession of methamphetamine in 2010; and tampering with evidence in 2011.

On Jan. 22, 2014, Cuevas entered a guilty plea to a felony information charging him with being a felon in possession of a firearm and ammunition.

This case was investigated by the Deming office of HSI, the Silver City Police Department, and the Probation and Parole Division of the New Mexico Corrections Department, and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

Cuevas was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – A corrections officer at the Otero County Prison Facility (OCFP) in Chaparral, N.M., has been charged with violating the federal narcotics laws, Acting U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI and Department Secretary Gregg Marcantel of the New Mexico Corrections Department announced.

The correction officer, Luis Delgadillo, 37, of El Paso, Texas, is one of six individuals charged in a criminal complaint with conspiracy to violate the federal narcotics laws by smuggling controlled substances into the OCPF.  The criminal complaint also charges Nancy Salas, 35, of Alamogordo, N.M., Ana Lopez, 24, of Albuquerque, N.M., and three OCPF inmates, Eric Lovato, 30, of Boles Acres, N.M., and Armando Lopez, 27, and Gary Borja, 26, both of Albuquerque, with participating in the conspiracy.

Delgadillo and Ana Lopez were arrested by the FBI on April 26, 2014.  During court proceedings this morning, a U.S. Magistrate Judge in Las Cruces ordered Delgadillo detained pending trial while Ana Lopez was released on conditions of release and under pretrial supervision.  Salas, who was arrested on April 28, 2014, made her initial appearance in federal court this morning and remains in custody pending a detention hearing which has yet to be scheduled.  The three inmates, who remain in state custody, will be transferred to federal custody to face the charges in the criminal complaint.

According to the criminal complaint, the FBI initiated its investigation into the case in Jan. 2014, after receiving information from the New Mexico Corrections Department allegedly showing that Delgadillo was smuggling heroin and methamphetamine into the OCPF.  The investigation, which included a review of recorded inmate telephone calls and OCPF surveillance video, physical surveillance and the results of inmate drug testing, identified the six defendants as members of a conspiracy that allegedly smuggled narcotics into the OCPF between Jan. 2014 and April 2014. 

The criminal complaint generally alleges that Ana Lopez and Salas purchased narcotics at the behest of the inmate defendants and transferred the narcotics to Delgadillo, who was paid to smuggle the narcotics to the inmate defendants.  In late Jan. and early Feb. 2014, Ana Lopez, Armando Lopez, Salas and Lovato allegedly participated in a series of telephone calls during which they arranged for Salas to purchase narcotics that would be smuggled into the OCPF by Delgadillo. 

The criminal complaint further alleges that in Feb. and March 2014, Salas, Borja and Lovato participated in a series of telephone calls during which they arranged for Salas to purchase narcotics and to transfer the narcotics to Delgadillo so that he could smuggle the narcotics into the OCPF.  On March 14, 2014, the FBI conducted surveillance of a meeting between Salas and Delgadillo.  On March 15, 2014, OCPF video surveillance cameras allegedly recorded an interaction during which Delgadillo handed a package to Borja which Borja took to his bunk area where he was joined by Armando Lopez.  During a telephone call later that day, Armando Lopez allegedly told Ana Lopez that Delgadillo had smuggled the narcotics into the OCPF.  On March 18, 2014, the OCFP performed inmate drug tests which allegedly revealed that Borja, Armando Lopez and another inmate tested positive for opiates.   

According to the criminal complaint, in April 2014, Borja participated in in a series of telephone calls with Ana Lopez during which they made plans for Ana Lopez to purchase narcotics and to transfer the narcotics to Delgadillo.  On April 26, 2014, the FBI conducted surveillance of a meeting between Delgadillo and Ana Lopez.  Shortly thereafter, the FBI arrested Delgadillo and Ana Lopez.  During a search of Delgadillo’s vehicle, the FBI allegedly found a box containing 38.9 grams of a substance that tested positive for methamphetamine; 12.5 grams of a substance that appeared to be heroin; and 10 Suboxone pills.

If convicted of the offense charged in the criminal complaint, each of the six defendants faces a prison sentence of not less than five years and not more than 40 years.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless convicted in a court of law.

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

• Delgadillo Complaint

ALBUQUERQUE – Jason Yazzie, 31, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., pleaded guilty this morning to voluntary manslaughter and assault charged.  Under the terms of the plea agreement, Yazzie will be sentenced to a federal prison sentence within the range of 20 to 25 years.

Yazzie was arrested on Aug. 6, 2013, based on a criminal complaint alleging that he killed a two-year-old Navajo child on Aug. 2, 2013, in a location within the Navajo Indian Reservation. 

During today’s proceedings, Yazzie entered a guilty plea to a felony information charging him with voluntary manslaughter and assault resulting in serious bodily injury charges.  In his plea agreement, Yazzie admitted that on Aug. 2, 2013, he became extremely frustrated with the victim, who had been left in his care, and repeatedly struck the victim about the torso, causing the victim to sustain severe chest and abdominal injuries.  Yazzie also admitted that he threw the victim approximately five feet in the air and across the room, causing the victim to sustain severe head and neck trauma.  Yazzie admitted that he acted in frustration and in the heat of passion and that his actions caused the victim’s death.

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 the Shiprock office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Jasonn Gonzales, 41, an accountant from Velarde, N.M., was arraigned today on a federal indictment alleging conspiracy, mail fraud and aggravated identity theft charges arising out of a scheme to defraud the federal and state unemployment insurance system.  Gonzales, who was arrested on April 24, 2014, entered a not guilty plea to the indictment and remains in custody pending a detention hearing scheduled for May 2, 2014.

Count 1 of the six-count indictment, which was filed on March 26, 2014, charges Gonzales and co-defendant Gerald Archuleta, 43, of Ojo Caliente, N.M., with conspiracy to commit mail fraud in furtherance of a scheme to defraud the federal and state Unemployment Insurance System in New Mexico, Texas and Colorado of money by false and fraudulent pretenses.  Counts 2 through 5 of the indictment charge the two men with mail fraud, and Count 6 charges Gonzales alone with aggravated identity theft.

According to the indictment, the federal and state Unemployment Insurance System seeks to lessen the effects of unemployment through payments made to claimants (laid-off workers) on a weekly basis while the claimants seek employment.  The unemployment insurance program is administered on behalf of the federal government by state workforce agencies in each state.  The indictment alleges that between 2009 and 2012, Gonzales and Archuleta schemed to defraud the New Mexico Department of Workforce Solutions, the Texas Workforce Commission and the Colorado Department of Labor and Employment of more than $1,356,000 by making false and fraudulently claims for unemployment benefits in the names of real people.

The indictment alleges that Gonzales and Archuleta perpetuated their unlawful scheme by fraudulently registering numerous non-existent companies with the three state workforce agencies and filing false quarterly reports for the fictitious companies which identified claimed employees.  The two men allegedly provided the names, dates of birth and social security numbers of the claimed employees to the state agencies without the knowledge or authorization of the claimed employees, who were real people.  Gonzales and Archuleta then allegedly made false and fraudulent claims for unemployment benefit claims on behalf of the claimed employees of the fictitious companies.  The two men allegedly opened post office boxes in New Mexico, Texas and Colorado, which they provided to the three state workforce agencies as mailing addresses for the claimed employees.  The state agencies mailed debit cards to the claimed employees at the post office boxes and the defendants allegedly used the debit cards to withdraw the fraudulently obtained benefits.  During the life of the conspiracy, Gonzales and Archuleta allegedly submitted fraudulent claims for unemployment benefits in the aggregate amount of $1,356,461, and defrauded the three state workforce agencies of approximately $801,848, in total. 

The indictment includes forfeiture provisions seeking a money judgment in the amount of $801,848 as well as the forfeiture of assets and property which constitute or are derived from proceeds traceable to the criminal activity alleged in the indictment.

If convicted, Gonzales and Archuleta each face a statutory maximum penalty of 20 years in federal prison on the conspiracy charge and each of the five mail fraud charges.  If convicted on the aggravated identity fraud charge, Gonzales faces a two-year mandatory prison sentence to be served consecutive to any sentence imposed on the conspiracy and mail fraud charges. 

Archuleta has yet to be arrested and is considered a fugitive.

This case was investigated by the Department of Labor Office of Inspector General, Office of Labor Racketeering and Frauds Investigations, and the U.S. Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney Tara C. Neda.

• Gonzales Indictment

ALBUQUERQUE – A registered nurse employed by two home healthcare providers that provides mental health and medical care for children and adolescents has been charged with federal child pornography offenses.

John Jaramillo, 44, of Albuquerque, N.M., was arrested yesterday by special agents of Homeland Security Investigations (HSI) on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct.  Jaramillo made his initial appearance in federal court this morning and remains in federal custody pending a detention hearing scheduled for April 28, 2014.
           
According to the criminal complaint, the investigation leading to Jaramillo’s arrest began in Nov. 2013, when a special agent with the New Mexico State Police identified an IP address that was being used to share files containing child pornography while conducting an investigation targeting those who share child pornography on peer-to-peer file sharing networks.  Subsequent investigation revealed that the IP address was subscribed to the address for Jaramillo’s residence in west side of Albuquerque.

The criminal complaint states that on April 24, 2014, HSI, the New Mexico State Police, the Bernalillo County Sheriff’s Office, and the Albuquerque Police Department, agencies that participate in the New Mexico Internet Crimes Against Children (ICAC) Task Force, executed a federal search warrant at the residence and seized a computer and computer-related media allegedly used only by Jaramillo.  A preliminary forensic examination of the computer taken from a room identified as Jaramillo’s office allegedly recovered more than 250 images and videos consistent with child pornography.     
           
If convicted of the charges in the criminal complaint, Jaramillo faces a federal prison sentence of not less than five years and not more than 20 years.  If convicted, Jaramillo 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 Sexual Predator Exploitation and Enforcement Detail (SPEED) of HSI in Albuquerque, the NMAGO and the Albuquerque Police Department and 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 Operation also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Ramsey Litzin, 20, an enrolled member of the Navajo Nation who resides in Pinedale, N.M., pleaded guilty this morning to a felony information charging him with involuntary manslaughter.

Litzin was arrested on Nov. 15, 2013, on a criminal complaint alleging that he killed a 27-year-old Navajo man by stabbing him to death in the early hours of Nov. 12, 2013, in Pine Dale, N.M., which is located within the Navajo Indian Reservation.  Court filings reflect that Litzin was intoxicated when he killed the victim during a physical altercation between the two men.

During today’s plea hearing, Litzin pleaded guilty to an involuntary manslaughter charge and admitted killing the victim by stabbing him with a knife.  In his plea agreement, Litzin admitted that he armed himself with a knife prior to a physical fight with the victim and stabbed the victim approximately 23 times with the intention of causing the  victim to sustain serious bodily injury and knowing his actions could result in the victim’s death.  Although most of the stab wounds were superficial, at least three stab wounds contributed to the victim’s death.  Litzin stated that he was angry, intoxicated and had been struck by the victim when he stabbed the victim to death.

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

The 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 Niki Tapia-Brito.

ALBUQUERQUE – Pricilo Garcia-Jimenez, 41, a Mexican national from Oaxaca, Mexico, was sentenced this afternoon to 108 months in federal prison for his methamphetamine trafficking conviction.  Garcia-Jimenez will be deported after he completes his prison sentence.  The sentence was announced by Acting U.S. Attorney Damon P. Martinez, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Lt. Neil Haws, Director of the HIDTA Region II Narcotics Task Force.

Garcia-Jimenez, an undocumented alien illegally present in the United States, was arrested on May 22, 2012, on a criminal complaint alleging methamphetamine trafficking charges.  In July 2012, a five-count indictment was filed charging Garcia-Jimenez with distributing methamphetamine in San Juan County, N.M., on five separate occasions between Nov. 2011 and April 2012.

On Aug. 29, 2013, Garcia-Jimenez pled guilty to five methamphetamine distribution charges.  In his plea agreement, Garcia-Jimenez admitted distributing methamphetamine to an undercover officer on five separate occasions between Nov. 2011 and April 2012.  Specifically, Garcia Jimenez admitted distributing 69.4 grams of methamphetamine to the undercover agent on Nov. 30, 2011.  Garcia-Jimenez also admitted distributing more than five grams of methamphetamine to the undercover agent on Feb. 23, 2012, March 28, 2012, April 5, 2012 and April 29, 2012.  He further admitted distributing methamphetamine to others on Sept. 29, 2011, Oct. 19, 2011, Nov. 2, 2011 and Nov. 17, 2011.

This case was investigated by the Albuquerque office of HSI and the HIDTA Region II Narcotics Task Force and was prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.

The Region II HIDTA Narcotics Task Force is comprised of officers from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department.  It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which 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 – Charles L. Palmer, 23, of Farmington, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assaulting a federal employee who was engaged in the performance of his official duties. 

On Nov. 19, 2013, Palmer was charged in a two-count indictment with (1) assaulting a federal employee, and (2) driving a motor vehicle on federal lands administered by the Bureau of Land Management (BLM) while under the influence of alcohol.  According to the indictment, Palmer assaulted a BLM Ranger on May 25, 2013 and drove a vehicle in the Glade Run Recreational Area, which is located on federal lands administered by BLM, while under the influence of alcohol.

Today, Palmer entered a guilty plea to Count 1 of the indictment.  According to the plea agreement, on May 25, 2013, Palmer was drinking beer at the Glade Run Recreation Area with about 30 other individuals.  When two marked patrol vehicles with flashing emergency lights approached the group, Palmer got into his truck and began to drive away.  A uniformed BLM Ranger tried to stop Palmer from driving away and ordered him to stop.  Palmer disregarded the Ranger’s directions and instead struggled with the Ranger while the truck continued to move forward.  As the truck passed a tree, the tree knocked the Ranger to the ground and Palmer accidently ran over the Ranger with his truck.  Palmer then escaped in his truck and Deputy Sheriffs from the San Juan County Sheriff’s Office apprehended Palmer later that day.  In entering his guilty plea, Palmer admitted that his actions constituted a crime because the Ranger was performing his official duties.

According to court records, the BLM Ranger was not seriously injured and did not sustain any permanent impairment as a result of the assault.

Under the terms of the plea agreement, Palmer faces a sentence not to exceed 14 months in prison, a fine not to exceed $10,000, obtain an ignition interlock device for two years, and restitution to the BLM Ranger as ordered by the court.

ALBUQUERQUE – A federal grand jury returned a two-count indictment against John W. Ng, 58, of Albuquerque, N.M., charging him with hate crime offenses related to anti-Semitic threats he made against a Jewish woman who owns and operates the Nosh Jewish Delicatessen and Bakery in Albuquerque.

Ng was arrested by the FBI on March 7, 2014, based on a criminal complaint alleging that he interfered with the victim’s federally protected rights by threatening the victim and interfering with her business because of her religion and because she owned a Jewish restaurant.  According to the indictment, on Jan. 22, 2014, and Feb. 8, 2014, Ng allegedly posted threatening, anti-Semitic notes on the door of the victim’s business.  One of the notes allegedly read, "TO: The [racial slur] who should die."  Another allegedly read, "FROM:  The one you scarred for life scumbags[;] TO: The [racial slur] who will die like rats."
Ng was arrested by the FBI on March 7, 2014.  He remains in federal custody pending completion of a psychiatric competency and dangerousness examination.

An indictment merely establishes probable cause, and Ng is presumed innocent unless proven guilty.  Each count carries a maximum statutory penalty of one year in prison.

This matter was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Holland S. Kastrin of the U.S. Attorney’s Office for the District of New Mexico and Trial Attorney Angie Cha of the U.S. Department of Justice’s Civil.

ALBUQUERQUE – A federal grand jury returned a two-count indictment against John W. Ng, 58, of Albuquerque, N.M., charging him with hate crime offenses related to anti-Semitic threats he made against a Jewish woman who owns and operates the Nosh Jewish Delicatessen and Bakery in Albuquerque.

Ng was arrested by the FBI on March 7, 2014, based on a criminal complaint alleging that he interfered with the victim’s federally protected rights by threatening the victim and interfering with her business because of her religion and because she owned a Jewish restaurant.  According to the indictment, on Jan. 22, 2014, and Feb. 8, 2014, Ng allegedly posted threatening, anti-Semitic notes on the door of the victim’s business.  One of the notes allegedly read, "TO: The [racial slur] who should die."  Another allegedly read, "FROM:  The one you scarred for life scumbags[;] TO: The [racial slur] who will die like rats."
Ng was arrested by the FBI on March 7, 2014.  He remains in federal custody pending completion of a psychiatric competency and dangerousness examination.

An indictment merely establishes probable cause, and Ng is presumed innocent unless proven guilty.  Each count carries a maximum statutory penalty of one year in prison.

This matter was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Holland S. Kastrin of the U.S. Attorney’s Office for the District of New Mexico and Trial Attorney Angie Cha of the U.S. Department of Justice’s Civil.

• Ng Indictment

ALBUQUERQUE – Alvert Miller, 39, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a second degree murder charge.  Under the terms of his plea agreement, Miller will be sentenced to 72 months in federal followed by a term of supervised release to be determined by the court.
 
Miller was arrested on May 1, 2013, based on a criminal complaint charging him with involuntary manslaughter for killing a 53-year-old Navajo man and driving under the influence of intoxicating liquor on April 27, 2013.  Miller subsequently was indicted on May 29, 2013, and charged with second degree murder.

According to court filings, on April 27, 2013, Miller was intoxicated when he lost control of the truck he was driving, causing a rollover collision on U.S. Highway 491 near Littlewater, N.M., which is located within the Navajo Indian Reservation.  When the truck rolled over, the initial impact was on the passenger side of the vehicle, causing the victim, who was a passenger in Miller’s truck, to be ejected.  The victim died upon impact as a result of blunt force trauma to the face and head.  On April 29, 2013, during an interview with a tribal police investigator, Miller admitted that the rollover occurred because he was driving while intoxicated and fell asleep at the wheel.

During today’s plea hearing, Miller pleaded guilty to the indictment charging him with second degree murder and admitted killing the victim while driving under the influence of alcohol.  In his plea agreement, Miller acknowledged that he knew based on his prior convictions for driving under the influence of alcohol that his conduct imperiled the lives of others. 

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

The case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback.

ALBUQUERQUE – Patricia Benally, 36, an enrolled member of the Navajo Nation who resides in Mitten Rock, N.M., pleaded guilty this morning to an indictment charging her with involuntary manslaughter under a plea agreement with the U.S. Attorney’s Office.

Benally was arrested on Feb. 5, 2014, on a criminal complaint charging her with involuntary manslaughter of a four-year-old Navajo child on the Navajo Indian Reservation.  Benally was charged by indictment for involuntary manslaughter on Feb. 26, 2014.

According to court filings, Benally was intoxicated when the vehicle she was driving was involved in a rollover collision near mile marker 72 on U.S. Highway 491 south of Shiprock, N.M.  The victim was one of five passengers, four of whom were young children, in Benally’s vehicle at the time of the collision.  Benally’s blood alcohol content was .237 shortly after the collision. 

During today’s plea hearing, Benally admitted killing the victim while driving under the influence of alcohol.  According to the plea agreement, Benally was driving intoxicated at a high rate of speed when she fell to sleep and lost control of the vehicle, causing it to roll over and crash.  The victim was killed as a result of the crash.

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

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

ALBUQUERQUE – Crispin Fierro, 32, of Deming, N.M., pleaded guilty yesterday afternoon in Las Cruces federal court to a marijuana trafficking charge under a plea agreement with the U.S. Attorney’s Office.

Fierro initially was charged based on a criminal complaint alleging that he possessed 456 kilograms (1004.5 pounds) of marijuana with intent to distribute in Luna County, N.M., on March 4, 2013.  Fierro subsequently was indicted on that same charge.

During yesterday’s proceedings, Fierro pleaded guilty to the indictment and admitted that on March 4, 2013, he possessed approximately 456 gross kilograms of marijuana which he intended to deliver to another person.  In his plea agreement, Fierro acknowledged that he was the driver and sole occupant of a flatbed truck in which he was transporting the marijuana.  Fierro further admitted that the marijuana was found by U.S. Border Patrol agents when they pulled him over on New Mexico State Highway 9 in Luna County.

Fierro has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Fierro faces a federal prison sentence of not less than five years and not more than 40 years.

ALBUQUERQUE – Solas Jansen, 36, of Albuquerque, N.M., was sentenced today to 33 months in federal prison for his bank robbery conviction.  Jansen will be on supervised release for three years after completing his prison sentence.

Jansen was arrested on Sept. 29, 2013, based on a criminal complaint alleging that he robbed the Western Commerce Bank branch located at 1910 Wyoming Blvd. NE in Albuquerque on Sept. 24, 2013.  Jansen subsequently was charged with bank robbery in an indictment filed on Oct. 9, 2013.

On Dec. 17, 2013, Jansen entered a guilty plea to the indictment.  Jansen admitted robbing the bank by presenting a demand note to a bank teller and taking money from the teller on Sept. 24, 2013.  Jansen acknowledged that the demand note may have put the bank teller in fear of harm.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Joshua Iben, 21, of Albuquerque, N.M., pleaded guilty this morning to federal child pornography charges.  The guilty plea was entered without the benefit of a plea agreement.
  
Iben was arrested on Nov. 21, 2013, based on an FBI investigation that began in July 2013 and revealed that an IP address subscribed to Iben’s residential address was being used to share child pornography images.  According to the criminal complaint, on Nov. 20, 2013, FBI agents executed a federal search warrant at Iben’s residence and seized computers and computer-related media.  While the search warrant was being executed, Iben participated in a voluntary, recorded interview during which he admitted began sharing child pornography images years ago and last received or sent such images by email the week before.  A subsequent forensic examination of a laptop computer taken from Iben’s residence revealed that it contains images consistent with child pornography.

On Dec. 17, 2013, Iben was indicted and charged with two counts of receipt of child pornography; two counts of distribution of child pornography; and one count of possession of child pornography.  The indictment alleged that Iben received child pornography on two occasions on April 29, 2013, and distributed child pornography on two occasions on Sept. 20, 2013.  It also alleged that Iben possessed child pornography on Nov. 20, 2013, and that Iben committed all five offenses in Bernalillo County, N.M. 

Today Iben entered guilty pleas to all five counts of the indictment.

Iben has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Iben faces a federal prison term of not less than five years and not more than 20 years.  Iben also will be required to register as a sex offender.

ALBUQUERQUE – Dexter Dez, 28, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to an indictment charging him with two assault offenses.  Dez entered his guilty plea without the benefit of any plea agreement.

Dez was arrested on July 11, 2013, on a criminal complaint alleging that he assaulted a non-Indian man on May 17, 2013, at a residence in Two Gray Hills, N.M., which is within the Navajo Indian Reservation.  Dez subsequently was indicted and charged with assault with a dangerous weapon and assault resulting in serious bodily injury.

According to court filings, on the night of May 17, 2013, an intoxicated Dez entered the victim’s residence and punched him in the left eye with a box cutter.  Dez then fled from the residence.  The victim’s eyelids were severed as a result of the assault.  The victim has had to undergo surgery to repair his eyelids and will require further surgery, including skin grafts.

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

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

ALBUQUERQUE – A federal grand jury has returned an indictment charging Pawan Kumar Jain, 61, of Las Cruces, N.M., with the unlawful dispensing of opioid pain medication and health care fraud charges, announced by Acting U.S. Attorney Damon P. Martinez, Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Field Division and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.

Jain was arrested without incidence earlier today by the DEA and FBI.  He is scheduled to make his initial appearance in federal court in Las Cruces at 8:30 a.m. tomorrow.

The 111-count indictment, which was publicly posted following Jain’s arrest, charges Jain with 61 counts of unlawfully dispensing controlled substances and 50 counts of health care fraud.  According to the indictment, Jain allegedly committed the offenses charged between April 2009 and June 2010, in Doña Ana County, N.M. At the time, Jain was a licensed physician with a neurology subspecialty who operated a pain management medical practice in Las Cruces.  Jain’s medical license was suspended in June 2012 and subsequently revoked in Dec. 2012 by the New Mexico Medical Board.

Each of the 61 dispensing charges alleges that Jain unlawfully dispensed prescription painkillers, primarily Oxycodone and methadone, to patients outside the usual course of medical practice and without a legitimate medical purpose.  The maximum statutory penalty for a conviction on each of the 61 dispensing charges is 20 years in prison and a $1,000,000 fine.

The 50 health care fraud charges allege that Jain engaged in a scheme to defraud two health care benefit programs, Medicare and Medicaid, by submitting claims for payment for prescription medications he dispensed to patients outside the usual course of medical practice and without legitimate medical purpose.  The maximum statutory penalty for a conviction on each of the health care fraud charges is ten years in prison and a $250,000 fine.

Four counts in the indictment, Counts 1 through 4, expose Jain to enhanced sentencing because the criminal conduct charge allegedly resulted in the deaths of two patients.  Counts 1 and 2 of the indictment allege that Jain’s unlawful dispensing of prescription painkillers and fraudulent conduct resulted in the death of a patient identified by the initials “M.E.B.”  According to the indictment, Jain dispensed 540 tablets (40 mg) of Oxycodone and 405 tablets (10 mg) of methadone to M.E.B. between April 22, 2009 and Sept. 29, 2009. Counts 3 and 4 allege that Jain’s unlawful dispensing of prescription painkillers and fraudulent conduct resulted in the death of a patient identified by the initials “N.D.” 

The statutory penalty for a conviction on each of Counts 1 and 3, which allege the unlawful dispensing of a controlled substance resulting in death, is a mandatory minimum 20 years in prison and a maximum of life in prison.  The statutory penalty for a conviction on each of Counts 2 and 4, which allege health care fraud resulting in death, is life imprisonment.

In announcing the indictment, DEA Special Agent in Charge Joseph M. Arabit said, “The diversion and abuse of prescription opioids, such as hydrocodone and oxycodone, threatens the health and safety of our communities and remains a serious concern for law enforcement.   It is particularly concerning when a doctor, who is entrusted with the care and well-being of his patients, contributes to this problem by prescribing addictive pain killers in an unprofessional manner absent a legitimate medical purpose.   By engaging in this illegal and irresponsible behavior, a medical practitioner violates the trust of those he has a duty to serve, and, most sadly, his actions can result in their death.”

“Health care fraud and unlawfully dispensing prescription drugs cost consumers, taxpayers and insurance companies billions of dollars,” said FBI Special Agent in Charge Carol K.O. Lee.  “Sometimes, as this case alleges, these crimes can even kill.  The FBI is proud to work alongside the Drug Enforcement Administration and the U.S. Attorney's Office to make sure physicians who attempt to defraud the government, sometimes with fatal results, are held accountable.”

This case was investigated by the DEA’s Tactical Diversion Team in El Paso, Texas and the FBI’s Healthcare Fraud Unit with assistance from the New Mexico Medical Board and the New Mexico Board of Pharmacy.  The case is being prosecuted by Assistant U.S. Attorneys Sarah M. Davenport and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.

DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.

Charges in indictments are merely accusations, and defendants are presumed innocent unless proven guilty.

• Jain Indictment

ALBUQUERQUE – Dennis J. Lovato, 29, a member and resident of Kewa Pueblo, was sentenced to 12 years in federal prison followed by five years of supervised release for his second degree murder conviction.  Lovato also was ordered to pay $1600.00 in restitution.

Lovato was arrested on April 20, 2011, on a criminal complaint charging him with beating another Kewa Pueblo man to death outside the victim’s residence on April 15, 2011.  He subsequently was indicted and charged with second degree murder.  Lovato has been in federal custody since his arrest. 

On Oct. 24, 2013, Lovato entered a guilty plea to the indictment and admitted killing the victim on April 15, 2011, by beating him to death with his hands and feet.  Lovato admitted that he acted with malice aforethought as he beat the victim to death.  According to court filings, a preliminary autopsy report indicated that the victim died as a result of multiple blunt force trauma.

ALBUQUERQUE – Michael Garcia, a former detective with the Las Cruces Police Department (LCPD) in Las Cruces, N.M., who focused on child abuse and sex crimes investigations, pleaded guilty today in federal court to a one count information charging Garcia with violating the civil rights of an LCPD student intern when he sexually abused her while on duty.

According to court documents, as a detective, Garcia worked with students who participated in Las Cruces High School’s Excel program, through which students interned at the LCPD.  On or about May 4, 2011, Garcia took the victim on a ride-along in his department-issued vehicle to visit a crime scene.  Afterward, instead of driving the victim directly back to the police department so that she could retrieve her belongings and go home, Garcia drove her to a secluded location where he sexually assaulted her. 
           
As part of the plea agreement, Garcia acknowledged that he knew that his actions were against the law and that the victim did not consent to his behavior. 

“The defendant exploited his position as a sex crimes detective in a most deplorable way,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “The Civil Rights Division will continue to vigorously prosecute law enforcement officers who use their authority to engage in sexual abuse.  We commend the victim for having the courage to come forward, and we are thankful for law enforcement officers in this case, as well as the vast majority of others, who support and help victims of crime.”

In addition to a nine-year prison sentence, the terms of the plea agreement require Garcia to forfeit his law enforcement certification and comply with federal and state sex offender registration requirements.  A sentencing hearing has not yet been set.

This case was investigated by the Las Cruces Resident Agency of Albuquerque Division of the FBI and the LCPD and is being prosecuted by Assistant U.S. Attorneys Mark T. Baker and Holland S. Kastrin for the District of New Mexico and Trial Attorney Fara Gold of the Justice Department’s Civil Rights Division.

ALBUQUERQUE – Lawrence Shije, 35, a member and resident of Zia Pueblo, was sentenced this morning to a year and a day in federal prison for his arson conviction.  Shije will be on supervised release for three years after completing his prison sentence.

Shije was indicted on Oct. 30, 2013, and charged with setting fire to and burning a dwelling located on Zia Pueblo on June 30, 2012.  On Jan. 13, 2014, Shije entered a guilty plea to the indictment and admitted maliciously setting fire to and burning a small area of a residence located on Zia Pueblo.  In his plea agreement, Shije acknowledged that the owner of the residence is the mother of his two children, and that she and the children were in the residence when he started the fire.  The fire burned a small area of the residence’s external wall (a patch of about 12 inches by 12 inches in size) before it was extinguished.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Special Assistant U.S. Attorney David Adams. 

The case was prosecuted 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.

THREATS OF VIOLENCE AGAINST POLICE OFFICERS

We have learned that fliers advocating violence against police officers are being disseminated in Albuquerque.  The Justice Department condemns threats of violence against police officers, and encourages all sectors of the community to participate in the critical dialogue that will bring about the reform that will promote constitutional policing and will rebuild the community’s trust in its Police Department. The path to reform is through dialogue among the City, the Police and the many communities that make-up Albuquerque, and the negotiation and implementation of a court-enforceable agreement.

            Individuals who wish to have input into developing the reforms or who have information relevant to the Justice Department’s investigation into the use of force by the Albuquerque Police Department are encouraged to contact us by email at community.albuquerque@usdoj.gov or by calling our toll free number, (855) 544-5134, which is available for both English and Spanish speakers.

ALBUQUERQUE – Ronald Martinez, 39, an enrolled member of the Navajo Nation who resides in Borrego Pass, N.M., was sentenced this morning to 42 months in federal prison followed by five years of supervised release for his child sexual abuse conviction.  Martinez will be required to register as a sex offender after he completes his prison sentence.

Martinez was arrested in April 2013, on an indictment charging him with two counts of aggravated sexual abuse and two counts of abusive sexual contact.  According to the indictment, between 1996 and 2002, Martinez aided and abetted sexual contact and abuse with two child victims who had not attained the age of 12 years on the Navajo Indian Reservation.

On Nov. 20, 2013, Martinez pleaded guilty to the two aggravated child sexual abuse charges.  According to Martinez’s plea agreement, in Sept. 2011, a 17-year-old victim reported being sexually abused by Martinez when she was five or six years old.  The victim further reported that Martinez also abused another child during that same period in time.  Martinez admitted abusing the two victims by directing a third child to sexually abuse and to sexually assault the two victims.  Martinez also admitted threatening the two victims so that they would not reveal the abuse.  Martinez admitted that the child who abused the two victims did so after being threatened by Martinez.

This case was investigated by the Gallup office of the FBI.  It was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez 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 – Three residents of Shiprock, N.M., were sentenced in federal court on Friday, April 11, 2014, for their convictions on child sexual abuse charges.  Herbert Ben, Sr., 63, a member of the Navajo Nation, and Bruce Hamilton, 77, a non-Indian, each was sentenced to 48 months in prison, while Rosabelle Ben, 58, a member of the Jicarilla Apache Nation, was sentenced to 40 months in federal prison.  Each will be on supervised release for five years and be required to register as a sex offender after completing his or her prison sentence.

The three defendants were arrested in May 2012, based on a criminal complaint alleging child sex abuse offenses.  They subsequently were indicted and charged with sexual abuse of a child between the age of 12 and 16 years, and aiding and abetting the sexual abuse of a child, at a location within the Navajo Indian Reservation.

Herbert Ben, Sr., pled guilty on July 31, 2013, to sexual abuse of a minor and admitted sexually abusing the victim on a day between Aug. 2010 and Dec. 2011.  On Aug. 19, 2013, Hamilton pled guilty to sexual abuse of a minor and admitted sexually abusing a Navajo child between the age of 12 and 15 years on a date between Aug. 2010 and Dec. 2011.  Rosabelle Ben entered a guilty plea on Oct. 29, 2014, to being an accessory to sexual abuse of a minor and admitted making the victim available to Hamilton who sexually abused the victim.

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

ALBUQUERQUE – Dale N. Smith, 60, of Edgewood, N.M., has been charged with violating federal wildlife laws that prohibit the selling of, and offering to sell, eagle feathers in a criminal complaint filed in federal court.

Smith was arrested on April 10, 2014, and made his initial appearance in federal court in Albuquerque on April 11, 2014.  During a court appearance this morning, Smith was ordered detained pending release to a half-way house under pretrial supervision when space becomes available.

The criminal complaint alleges that Smith violated 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.  According to the criminal complaint, 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 on March 7, 2014, 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. 

The criminal complaint alleges that on March 7, 2014, an undercover agent contacted Smith and inquired about the feathers on one particular piece of art.  Smith allegedly responded by telling the agent that the feathers were bald eagle feathers and offering to sell the artwork for $1,000.  On March 20, 2014, Smith allegedly sold a feather fan containing 21 bald eagle feathers and a medicine wheel containing eight bald eagle feathers to the undercover agent for $1,000.  On March 20, 2014 and again on March 24, 2014, Smith allegedly offered to sell a headdress with bald eagle feathers to the undercover agent for $2,000.

If convicted of the offenses charged in the criminal complaint, Smith faces a maximum statutory penalty of five years in prison, three years of supervised release, and a $250,000 fine.  Charges in criminal complaints are merely accusations and all criminal defendants are presumed innocent unless proven guilty in a court of law.

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 was prosecuted by Assistant U.S. Attorney Paul H. Spiers and was investigated by the Office of Law Enforcement of the U.S. Fish and Wildlife Service. Service 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.

• Smith Complaint

INTRODUCTION

Following a comprehensive investigation, the Justice Department today announced its findings that the Albuquerque Police Department has engaged in a pattern or practice of excessive force, including deadly force.  The pattern and practice is the result of serious systemic deficiencies in policy, training, supervision and accountability. The police department’s failure to ensure that officers respect the Constitution undermines public trust.  Constitutional policing increases the public’s trust, ensures safety, and respects the rights of the city’s residents. 

DEPARTMENT OF JUSTICE INVESTIGATION

      The Findings Letter marks the culmination of the Justice Department’s comprehensive investigation of Albuquerque Police Department, which began on November 27, 2012, and was conducted jointly by the Civil Rights Division and the United States Attorney’s Office for the District of New Mexico.  The Justice Department investigation involved an in-depth review of police department documents, interviews with command staff and rank and file police officers.  The Department reviewed thousands of pages of documents, including written policies and procedures, internal reports, data, video footage, and investigative files.  The investigative team interviewed hundreds of community members and held four community meetings in which diverse members of the Albuquerque provided their accounts of encounters with officers.

FINDINGS

The Justice Department found reasonable cause to believe that the Albuquerque Police Department engages in a pattern or practice of excessive force in violation of the Fourth Amendment of the United States Constitution.  The Justice Department specifically found three patterns of excessive force:

• Officers too frequently use deadly force against people who pose a minimal threat in situations where the conduct of the officers heightens the danger and contributes to the need to use force;

• Officers use less lethal force, including Tasers, on people who are passively resisting, non-threatening, observably unable to comply with orders, or pose only a minimal threat to the officers; and

• Encounters between Albuquerque Police officers and persons with mental illness and in crisis too frequently result in a use of force or a higher level of force than necessary.

The Justice Department also found systemic deficiencies of the police department, which contribute to these three patterns.  The causes include deficient policies, failed accountability systems, inadequate training, inadequate supervision, ineffective systems of investigation and adjudication, the absence of a culture of community policing, and a lack of sufficient civilian oversight.
REMEDIAL MEASURES
The Justice Department seeks critical remedial measures to address these deficiencies.   These measures are in eight areas:

• Use of Force Policies

• Interacting with Individuals with Mental Illness and other Disabilities

• Tactical Units

• Training

• Internal Investigations and Civilian Complaints

• Management and Supervision

• Recruitment and Selection

• Community Policing and Oversight

NEXT STEPS
The Justice Department looks forward to working with the city and Albuquerque Police Department and the community to timely resolve these findings.  Change will not occur over night, and effective reform of the Albuquerque Police Department requires a durable and sustainable blueprint for reform which will provide the structure, transparency, and accountability necessary to achieve success.

Acting U.S. Attorney Damon P. Martinez, District of New Mexico, on the Albuquerque Police Department Investigation

Good morning and thank you for being here.  I am pleased to welcome Acting Assistant Attorney General Jocelyn Samuels and members of her staff from the Justice Department’s Civil Rights Division to Albuquerque.  It has been a privilege for the U.S. Attorney’s Office for the District of New Mexico to work closely with Jocelyn and her staff over the past 16 months on the Justice Department’s civil investigation into whether the Albuquerque Police Department engages in a pattern or practice of violating the Fourth Amendment by using excessive force.  We are here today to announce our findings and conclusions, and the next steps for the Department of Justice, the City, and the people of Albuquerque.

Jocelyn and Jonathan Smith, who is the Chief of the Special Litigation Section of the Civil Rights Division, will address the scope and conclusions of the investigation, and discuss our next steps.  Before they do, I would like to make a few important points.

Today marks a critical milestone in our community and for the Albuquerque Police Department.  Understanding how we arrived here is very important, but how we move forward is even more important.  The coming days and months will determine what the next generation of policing will look like in our City.  We are at a unique time and place where the City can decisively determine the culture of the Albuquerque Police Department and its relationship with the community it serves.  We are in a place where the City and the community can collaborate and develop a productive working partnership to rebuild and to maintain the foundation of trust that is essential for effective, productive law enforcement.  Although there are difficult and systemic issues to resolve, we embrace these challenges and are very optimistic for the future of the Albuquerque Police Department.

Our optimism is based on three important factors: First, although our investigation has found serious constitutional problems that Acting Assistant Attorney General Samuels will discuss in detail, it also has confirmed that the great majority of APD officers are honorable law enforcement professionals who risk their physical safety and well-being for the public good on a daily basis.  Their work is not easy and their duties often are performed under difficult and dangerous circumstances.  For most officers, policing is not a job; it is an honor and a profession.  It is about promoting public safety and service to their neighbors and the community.  The dangers they face on the job are real, and they must have the tools needed to protect the public and themselves.  We are optimistic for the future of the Albuquerque Police Department because so many of its officers are committed to making our neighborhoods safer places to live, to work and to play, and do so with integrity and in compliance with the Constitution and the law.

Second, we also are optimistic because the City and the Albuquerque Police Department gave the investigative team access to every document and person requested during the investigation.  Additionally, the Mayor and other City officials have expressed a strong desire to address the deficiencies uncovered; and have assured us that they are committed to working with us to remedy the problems.  We have every reason to believe that we will move forward in a way that honors both the men and women working in APD and the residents of this great City they serve.

Finally, we are optimistic because the people of Albuquerque want and rightfully demand the highest standards for their police force.  The residents of Albuquerque also want safe neighborhoods and want the police to succeed.  Clearly, the residents of Albuquerque support the changes needed to fix the problems present in the Albuquerque Police Department.  During our investigation we have heard from many people, coming from all walks of life in our city. They came forward because they care about this City, and because they care about the police department that serves them.  The people of Albuquerque are committed to being part of the critical dialogue necessary to ensure that reforms are in place to promote constitutional policing while giving the men and women of the Albuquerque Police Department the support they need to fight crime effectively.

These three critical factors give us great optimism that the City, the Albuquerque Police Department, and the community will come together to ensure that the deficiencies identified by the investigation are corrected.
 
I now turn the podium over to Acting Assistant Attorney General Jocelyn Samuels who will discuss the results of the investigation.
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ALBUQUERQUE – James H. Clark, Jr., 61, of Las Cruces, N.M., pleaded guilty this afternoon to an indictment charging him with possession with intent to use forged and counterfeited postage meter stamps under a plea agreement with the U.S. Attorney’s Office.

Clark, the owner and operator of a business selling books through internet websites, was indicted on Feb. 19, 2014, and charged with possession with intent to use forged and counterfeited postage meter stamps with an aggregate value of $9,142.98.

Today Clark entered a guilty plea to the indictment.  In his plea agreement, Clark admitted that on Oct. 19, 2010, he knowingly possessed 1,527 forged and counterfeited postage meter stamps that he created by copying original postage meter stamps that he purchased from stamps.com.  Clark further admitted that he intended to use the forged and counterfeited stamps to mail packages through the U.S. Postal Service.  He acknowledged that the total face value of the forged and counterfeited stamps was $9,142.98.

In the plea agreement, Clark and the United States stipulated that the U.S. Postal Service sustained $365,827.00 in losses as a result of Clark’s criminal activities.  Under the terms of the plea agreement, Clark will be required to pay restitution to the U.S. Postal Service in that amount.  

At sentencing, Clark faces a maximum penalty of five years in federal prison.  His sentencing hearing has yet to be scheduled.

This case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office.

On The Albuquerque Police Department

ALBUQUERQUE – Following a comprehensive investigation, the Justice Department today announced its findings that the Albuquerque Police Department (APD) has engaged in a pattern or practice of excessive force that violates the Constitution and federal law.  The Justice Department delivered a letter setting forth these findings to Albuquerque Mayor Richard J. Berry and Police Chief Gorden Eden this morning.

The investigation was launched on November 27, 2012, and conducted jointly by the Civil Rights Division and the United States Attorney’s Office for the District of New Mexico. The investigation examined whether APD engages in an unconstitutional pattern or practice of excessive force, including deadly force, as well as the cause of any pattern or practice of a violation of the law.  This investigation did not assess whether any conduct violated criminal laws.  Specific cases have been referred to the Criminal Section of the Civil Rights Division for consideration. 

The Justice Department found reasonable cause to believe that APD engages in a pattern or practice of excessive force in violation of the Fourth Amendment of the United States Constitution.  The Department specifically found three patterns of excessive force:

• APD officers too frequently use deadly force against people who pose a minimal threat and in situations where the conduct of the officers heightens the danger and contributes to the need to use force;

• APD officers use less lethal force, including electronic controlled weapons, on people who are passively resisting, non-threatening, observably unable to comply with orders, or pose only a minimal threat to the officers; and

• Encounters between APD officers and persons with mental illness and in crisis too frequently result in a use of force or a higher level of force than necessary.

The Justice Department also found systemic deficiencies of the APD, which contribute to these three patterns, including: deficient policies, failed accountability systems, inadequate training, inadequate supervision, ineffective systems of investigation and adjudication, the absence of a culture of community policing, and a lack of sufficient civilian oversight.

The Department’s investigation involved an in-depth review of APD documents, as well as extensive community engagement.  The Department reviewed thousands of pages of documents, including written policies and procedures, internal reports, data, video footage, and investigative files.  Department attorneys and investigators, assisted by policing experts, also conducted interviews with APD officers, supervisors and command staff, city officials; and hundreds of interviews with community members and local advocates.

            “We are very concerned by the results of our investigation and look forward to working with the City of Albuquerque to develop a set of robust and durable reforms,” said Jocelyn Samuels, Acting Assistant Attorney General for Civil Rights. “Our work to assist police departments around the nation is intended to advance important principles. Holding police accountable for Constitutional practices improves public confidence, promotes public safety and makes the job of providing police services safer, easier and more effective.  Public trust has been broken in Albuquerque, but it can be repaired through this process.”    

Today’s groundbreaking announcement marks a critical milestone in addressing problems that have plagued our community and the Albuquerque Police Department for years,” said Damon Martinez, Acting U.S. Attorney for the District of New Mexico.  “These findings come at a unique time for the City and the Albuquerque Police Department, and provide a blueprint for changing the culture of the Albuquerque Police Department and for rebuilding broken relationships with the community it serves.  Although there are difficult and systemic issues to resolve, we embrace these challenges and are very optimistic for the future of the Albuquerque Police Department.”
The Justice Department looks forward to continued cooperation with the City and Albuquerque Police Department to timely resolve these findings under mutually agreeable terms that will provide accountability to the public and accomplish the remedial measures within a fixed period of time.

The full report can be found at http://justice.gov/crt/about/spl/findsettle.php and  http://www.justice.gov/usao/nm/APD.html.  For more information about the Justice Department’s Civil Rights Division, please visit www.justice.gov/crt/  Any comments or concerns regarding the report can be directed to at community.albuquerque@usdoj.gov or 1-877-218-5228.

ALBUQUERQUE – A federal grand jury in Albuquerque, N.M., indicted John Greene, 70, a former captain at the Gallup-McKinley Adult Detention Center (GMADC), on charges related to the sexual assaults of female inmates in his custody.

Greene is charged with three counts of violating the civil rights of three different victims by engaging in unwanted sexual contact with the victims while they were incarcerated at GMADC.  The indictment also charges Greene with two counts of making material false statements to the FBI.  Specifically, one count charges Greene with lying to the FBI when he denied touching the breasts of a female in his custody, and the second count charges Greene with lying to the FBI when he denied having any personal contact with another female in his custody.  The indictment alleges that Greene knew these statements were false at the time that he made them because he had, in fact, touched the breasts of these women.

Greene faces a statutory maximum sentence of 13 years in prison for all of the crimes charged in the indictment.  An indictment is merely an accusation and Greene is presumed innocent unless proven guilty.
This case is being investigated by the Gallup Resident Agency of the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Mark Baker for the District of New Mexico and Fara Gold of the Justice Department’s Civil Rights Division.

ALBUQUERQUE – This morning Gregory Allen Bahe, 32, a member and resident of Laguna Pueblo, pled guilty to an indictment charging him with assaulting a federal officer.  The guilty plea was announced by Acting 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 Police Chief Brian Carr of the Pueblo of Laguna Tribal Police Department.

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 these charging instruments 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.

During today’s proceedings, 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.

Bahe 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, Bahe will be sentenced to 12 months in federal prison followed by a term of supervised release to be determined by the court.

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 is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

ALBUQUERQUE – In November 2012, the Department of Justice opened a civil investigation to determine whether the Albuquerque Police Department (ADP) engages in a pattern or practice of use of excessive force, including use of unreasonable deadly force, in violation of the Constitution and federal law.  The Department has concluded its investigation, and will announce the results of the investigation at a press conference to be held at 10:00 a.m. MDT, on Thursday, April 10, 2014, at the Albuquerque office of the U.S. Attorney for the District of New Mexico.

Following the announcement, representatives of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office will meet with City officials, APD officials, officials of the Albuquerque Police Officers Association, community advocates and other stakeholders, to discuss the results of the investigation.  No further information will be released until the press conference.

U.S. Attorney’s Office
10th Floor Multi-Media Room (Reception on 9th Floor)
201 Third Street NW
Albuquerque, NM 87102

OPEN PRESS

NOTE:  All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials.  Media may begin to arrive at 9:30 a.m. Press inquiries regarding logistics should be directed to Jessica Masoner at 505-224-1448.

ALBUQUERQUE – Sabastiano Coho, 24, a member of the Ramah Chapter of the Navajo Nation, pleaded guilty yesterday afternoon to an aggravated sexual assault charge under a plea agreement with the U.S. Attorney’s Office. 

Coho was arrested on Feb. 18, 2011, on a criminal complaint charging him with aggravated sexual abuse and subsequently indicted on March 9, 2011.  According to court filings, Coho sexually assaulted the victim, a 19-year-old Navajo woman, on Jan. 25, 2011, in a location within the Navajo Indian Reservation in Cibola County, N.M.  Proceedings in the case were delayed as a result of competency evaluations.

In entering his guilty plea, Coho admitted to engaging in a sexual act, by using force, with the victim on Jan. 25, 2011.

Coho 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 the plea agreement, Coho will be sentenced to 50 months in federal prison followed by a term of supervised release to be determined by the court.  Coho also will be required to register as a sex offender.

This case was investigated by the Gallup office of the FBI and the Navajo-Ramah Tribal Police Department 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 – Ramiro R. Flores, 60, of Santa Fe, N.M., pleaded guilty today to embezzling $42,856 from San Ildefonso Pueblo under a plea agreement with the U.S. Attorney’s Office.

Flores, who is a non-Indian, was indicted on Oct. 30, 2013, and charged with six counts of embezzlement from an Indian tribal organization.  According to the indictment, Flores embezzled $42,856 from San Ildefonso Pueblo between June 2011 and Feb. 2012.  At the time, Flores was employed as the program director for the Pueblo’s Parks and Wildlife Program. 

Today Flores pleaded guilty to a misdemeanor information charging him with six counts of embezzlement, and admitted embezzling money from San Ildefonso Pueblo.

Under the terms of his plea agreement, Flores will be required to pay restitution to the Pueblo in an amount to be determined by the court.  Flores also will be sentenced to a term of probation to be determined by the court.

The case was investigated by the Santa Fe office of the FBI and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – Everett D. Williams, 26, an enrolled member of the Navajo Nation who resides in Nambe Pueblo, N.M., was sentenced today to 63 months in federal prison followed by three years of supervised release for his conviction on assault and child abuse charges.

Williams was arrested in March 2013, based on a criminal complaint charging him with assaulting his intimate partner with a hammer and causing her to sustain serious bodily injury.  In April 2013, Williams was indicted and charged with one count of assault resulting in serious bodily injury, one count assault with a deadly weapon, and two counts of child abuse.  According to court filings, Williams assaulted the victim, a Kewa Pueblo woman, and endangered the health of two toddlers on Feb. 23, 2013, in a residence located on Nambe Pueblo.

On July 3, 2013, Williams entered a guilty plea to all four counts of the indictment and admitted to striking the victim in the head with a hammer and causing her serious bodily injury.  Court filings indicate that the victim required surgery to treat a gaping wound on her forehead.  While swinging the hammer at the victim, Williams missed the victim and instead struck a three-year-old child in the back.  While attempting to hit the victim with his fist, Williams struck a two-year-old child above the eye.

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Special Assistant U.S. Attorney David M. Adams.   The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project which is sponsored by the Justice Department’s Office on Violence Against Women, and 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 – Jerrileta Singer, 33, an enrolled member of the Navajo Nation who resides in Farmington, N.M., was sentenced this morning to 18 months in federal prison followed by three years of supervised release for her robbery conviction.   Singer also was ordered to pay $400 in restitution to the victim of her crime.

Singer and her co-defendant Eddie Shirley, 28, a Navajo man who resides in Shiprock, N.M., were charged in Dec. 2012, in a criminal complaint with robbing the Sonic Drive-In Restaurant in Shiprock at gunpoint on Nov. 30, 2012.  The two were later indicted and charged with robbery, and with using and brandishing a firearm during and in relation to a crime of violence.

Singer pled guilty to the robbery charge of the indictment on July 25, 2013.  In entering her guilty plea, Singer admitted robbing four individuals who were in the restaurant by use of force, violence and intimidation and taking money belonging to the restaurant. 

Shirley pled guilty to the firearms charge of the indictment on June 25, 2013, and admitted brandishing a firearm during the armed robbery of the restaurant.  On Sept. 30, 2013, Shirley was sentenced to seven years in federal prison followed by five years of supervised release.

This case was investigated by Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

ALBUQUERQUE – Dora Martinez, 50, of Chimayo, N.M., was sentenced in federal court this afternoon to three years in federal prison followed by three years of supervised release for her heroin trafficking conviction. 

Martinez was arrested on Aug. 5, 2013, on an indictment charging her with possession of heroin with intent to distribute.  According to the indictment, Martinez unlawfully possessed more than 100 grams of heroin on April 22, 2013 in Rio Arriba County, N.M.

Martinez entered a guilty plea to a heroin trafficking charge on Nov. 22, 2013.  In entering her guilty plea, Martinez acknowledged that she was driving near Espanola, N.M., on April 22, 2013, when New Mexico State Police officers pulled her over and arrested her after observing her complete a drug transaction.  Martinez admitted that at that time, she had 134.2 grams of heroin in her possession and that she intended to distribute that heroin for profit.

Chief Pete N. Kassetas of the New Mexico State Police said, “The arrest, prosecution and subsequent conviction of Dora Martinez is a significant accomplishment and is demonstrative of what can happen when law enforcement agencies work together.  However, it is more significant for the community of Chimayo.  It is especially disheartening when a longtime resident (Martinez) of Chimayo is found to be contributing to the heroin problem instead of helping combat as many members of her community have over the years.  The New Mexico State Police is committed to the citizens of northern New Mexico and will continue to work with the community and other law enforcement agencies in combatting the drug problem.”

This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police and was prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – Fanderick Chiquito, 22, an enrolled member of the Navajo Nation who resides in Upper Fruitland, N.M., pleaded guilty today to an indictment charging him with involuntary manslaughter.  Chiquito entered his guilty plea without the benefit of a plea agreement.

Chiquito was arrested on Dec. 31, 2013, based on a criminal complaint alleging that he killed a Navajo woman on Dec.23, 2013, while driving under the influence of alcohol in a location within the Navajo Indian Reservation.  According to court filings, Chiquito caused a three-vehicle collision near mile marker 25 on Navajo Route 36 when he tried to pass a line of vehicles and struck another vehicle head on while driving in the oncoming lane.  Both vehicles spun out of control on impact and one of the vehicles struck a third vehicle.  The victim, a passenger in Chiquito’s vehicle, died of internal injuries after she was transported to a hospital in Farmington, N.M.  After Chiquito was treated for minor injuries, he was arrested on tribal charges based on blood test results indicating a .29 BAC.

On Jan. 22, 2014, Chiquito was charged with involuntary manslaughter in an indictment alleging that he killed the victim while driving a vehicle under the influence of intoxicating liquor and operating a vehicle carelessly and in wanton disregard for the rights and safety of others.  Chiquito pleaded guilty to the indictment during this morning’s proceedings.

At sentencing, Chiquito faces a maximum penalty of eight years in federal prison followed by three years of supervised release.  His sentencing hearing has yet to be scheduled.

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

ALBUQUERQUE – John Lytle, 41, a former detective with the Belen Police Department in Belen, N.M., pleaded guilty in federal court today to violating an arrestee’s civil rights by assaulting him during the course of an investigative stop and arrest.

During his guilty plea, Lytle admitted that on March 15, 2012, while working in his capacity as a Belen Police Department detective, he repeatedly struck the victim, identified by the initials R.A., who was handcuffed and compliant during the entire course of the stop.  Lytle further admitted that, at one point during the stop, he pulled the handcuffed victim from the back of a police squad car, threw him to the ground, and struck him again. The victim suffered injuries to his face and torso as a result of Lytle’s assault.

Under the terms of his plea agreement, Lytle will be sentenced to five years of probation.  He also will be precluded from working or seeking future employment as a law enforcement officer in any capacity, and he must forfeit his law enforcement certification.  Additionally, the Court may impose a fine, or order Lytle to pay restitution to the victim.

“The defendant has admitted that he, in his capacity as a law enforcement officer, violated a person’s constitutional rights,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “The Justice Department will continue to vigorously investigate and prosecute those who use the trust and authority of their official position to engage in acts of criminal misconduct.”

Today’s plea resulted from the investigative work of the Albuquerque Division of the FBI.  It is being prosecuted by Assistant U.S. Attorney for the District of New Mexico Mark T. Baker and Trial Attorney Julia Gegenheimer of the Civil Rights Division of the Department of Justice.

ALBUQUERQUE – Joel Meeks, 20, of Albuquerque, N.M., pleaded guilty this morning to violating the Hobbs Act by interfering with a business involved in interstate commerce by robbery and the federal carjacking and firearms laws.  Under the terms of his plea agreement, Meeks will be sentenced to prison for 20 to 25 years followed by a term of supervised release to be determined by the court.

Meeks and his co-defendant Raul Ortega, 21, also of Albuquerque, were arrested in April 2013, on an eight-count indictment charging the pair with offenses stemming from a series of armed robberies of commercial businesses and home invasions, including armed robbery and carjacking, occurring in Bernalillo County, N.M., from Dec. 6, 2012 to Jan. 17, 2013.

According to the indictment, Meeks robbed a business called “Up in Smoke” at gunpoint on Dec. 6, 2012.  Meeks also was charged with robbing a business called “PDQ” at gunpoint on Dec. 7, 2012, and with discharging his firearm while committing the offense.  Meeks and Ortega were jointly charged with committing carjackings on Jan. 13, 2013 and Jan. 17, 2013.  The two men allegedly brandished firearms while committing the carjackings.

Today, Meeks pled guilty to Counts 3 and 4 of the indictment, which charged him with robbing the PDQ store on Dec. 7, 2012 and with discharging a firearm while robbing the store.  In his plea agreement, Meeks admitted robbing the PDQ store by pointing a pistol at the store clerk and demanding cash.  Meeks discharged the pistol in the direction of the store clerk as he fled from the store.

Meeks also pled guilty to Count 5, which charged him with the Jan. 13, 2013 carjacking, and admitted that Ortega and he forcibly entered a home and robbed the homeowner of his credit cards, identification and other objects.  Meeks and Ortega assaulted the homeowner to obtain the PIN number for his ATM car, his car keys and his car.  They also threatened to harm the homeowner and his family if he contacted the police, and left him face-down in a bathtub full of water to facilitate their escape.

In entering his guilty plea to Count 7, charging him with the Jan. 17, 2013 carjacking, Meeks admitted that Ortega and he forcibly entered another home by knocking the homeowner down, beating him and tying him up when the homeowner answered the door.  Meeks and Ortega robbed the homeowner of his credit cards, ATM card and other items, and forced the homeowner to provide the PIN number for his ATM card.  Meeks and Ortega also robbed the homeowner of his car keys and car, and threatened to kill him if he screamed or called the police.

Meeks remains in custody pending his sentencing hearing, which has yet to be scheduled.

On Feb. 19, 2014, Ortega entered guilty pleas to Counts 5 and 7 of the indictment, which charged him with the Jan 13, 2013 and Jan. 27, 2013 carjackings.  Ortega also pled guilty to Count 6, which charged him with using a firearm during the Jan 13, 2013 carjacking.  Under the terms of his plea agreement, Ortega will be sentenced to prison for 12 to 20 years followed by a term of supervised release to be determined by the court.  His sentencing hearing also has not been scheduled.

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, with assistance from the 2nd Judicial District Attorney’s Office and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – David J. Martinez, 36, of El Rito, N.M., pleaded guilty today in federal court to an aggravated driving under the influence misdemeanor charge, and was sentenced immediately thereafter.

Martinez was arrested on Sept. 27, 2013, and charged in a criminal complaint with aggravated driving under the influence of intoxicating liquor and several other misdemeanors and infractions for failing to comply with the New Mexico motor vehicle code and the U.S. Forest Service’s timber harvesting regulations.  According to the criminal complaint, a U.S. Forest Service officer encountered Martinez in the Carson National Forest while Martinez was driving a pickup truck loaded with timber.  The officer executed a traffic stop because the timber on Martinez’s truck was not properly tagged as required by law as a condition to lawfully harvest timber off of National Forest Systems lands.  The officer determined that although Martinez had a timber removal permit, he was not in compliance with certain federal timber harvesting regulations. 

During the traffic stop, the officer noted the smell of intoxicants coming from Martinez’s mouth as he talked, and observed that Martinez’s eyes were watery and blood-shot.  In response to questioning by the officer, Martinez admitted he “was drinking a beer now,” and that he drank two beers before he was stopped.  At the time, Martinez was concealing a 30-pack of beer that was missing 16 cans of beer under a coat on the front passenger seat of his truck.  After Martinez failed standard field sobriety tests, the officer administered a preliminary breath test (PBT) to Martinez, which registered a breath alcohol content of .166.  Thereafter, Martinez was given the opportunity to provide a breath sample at the New Mexico State Police office in Espanola, N.M. Although he was informed of the consequences of a refusal, Martinez refused to submit to a chemical test as required by New Mexico’s Implied Consent Act.

On Oct. 1, 2013, Martinez was charged in a four-count information with (1) aggravated driving under the influence, a Class A misdemeanor; (2) driving under the influence, a Class A misdemeanor; (3) driving with an open container of alcohol, an infraction; and (4) violating the terms and conditions of his timber harvesting permit, a Class B misdemeanor.

Today Martinez entered a guilty plea to Count 1 of a four-count superseding information charging him with aggravated driving under the influence, first offense.  In entering his guilty plea, Martinez admitted that on Sept. 27, 2013, he was stopped by a U.S. Forest Service officer for failing to have a load tag on his timber-loaded truck while he was driving in the Carson National Forest.  Martinez also admitted that he had been drinking beer before the stop and that he had an open container of beer in his truck cab when he was stopped.  Martinez acknowledged that a PBT test confirmed that he had been drinking alcohol, and that he refused to take a breath test even though it meant that he could be charged with aggravated driving under the influence.

Immediately after entering his guilty plea, Martinez was sentenced to credit for the time he already has served in federal custody (four-days) followed by a year of supervised probation with special conditions.  The special conditions of Martinez’s probation include the requirement that an ignition interlock device be placed on his vehicle for a year, that he attend DWI school and the Victims’ Impact Panel, and that he perform 24 hours of community service.

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 current order authorizing Forest Service officers to issue federal violation notices in the Carson National Forest has been in place since May 2012.  The prosecution of Martinez on this DUI charge was initiated pursuant to this authority.”

This case was investigated by the El Rito Ranger District of the U.S. Forest Service, with assistance from the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney William J. Pflugrath.

The Justice Department has opened a criminal investigation into the March 16, 2014 Albuquerque Police Department officer-involved shooting resulting in the death of James M. Boyd in Albuquerque, N.M. The independent investigation will be conducted by the Department of Justice’s Criminal Section of the Civil Rights Division, the United States Attorney’s Office for the District of New Mexico, and the Federal Bureau of Investigation.  Experienced federal prosecutors will determine whether the evidence generated by the investigation reveals a prosecutable violation of any of the limited federal criminal civil rights statutes within the Justice Department’s jurisdiction, and whether federal prosecution is appropriate.

ALBUQUERQUE – Cameron Michael Williams, 38, a member of the Mescalero Apache Nation, was sentenced yesterday afternoon to 41 months in federal prison followed by two years of supervised release for being a felon in possession of firearms and ammunition.  Williams also was sentenced to eight months in prison for violating the conditions of his supervised release on a prior assault conviction, with two months to be served concurrently and six months consecutively to the 41 month sentence for a total of 47 months in prison.

Williams was arrested on July 1, 2013, based on a criminal complaint charging him with being a felon in possession of firearm and ammunition, possession of stolen firearms, and possession of less than five grams of methamphetamine.  According to the criminal complaint, Williams committed these three offenses in Jan. 2013.  At the time, Williams was prohibited from possessing firearms or ammunition because he previously had been convicted on an assault with a deadly weapon charge.

On Oct. 1, 2013, Williams entered a guilty plea to a felony information charging him with being a felon in possession of firearms and ammunition.

The BIA initiated the investigation into this case after guests of the Inn of the Mountain Gods in Mescalero, N.M., reported that firearms were stolen from vehicles parked in the Inn’s valet parking lot in late Jan. 2013.  The investigation focused on Williams, who was then employed as a valet parking attendant, after surveillance video showed Williams in the vehicles from which the firearms were stolen.  When BIA made contact with Williams at his home, they arrested him on tribal charges of larceny, possession of methamphetamine, resisting arrest and intoxication.  Following Williams’ arrest on tribal charges, the FBI executed a search warrant at Williams’ residence and found three firearms, all of which had been stolen, in Williams’ backpack.

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 – Michael Ray Looney, 39, a non-Indian man who resides in the Pueblo of Laguna, N.M., pleaded guilty this morning to sexually abusing a minor child under a plea agreement that requires the imposition of a 15-year federal prison sentence.  The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, 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.

Looney was arrested on June 28, 2013, on a criminal complaint alleging that he forced an Indian child between the age of 12 and 16 years to engage in sexual acts.  The complaint alleged that Looney committed these criminal acts within the Pueblo of Laguna in Cibola County, N.M.

Today Looney entered a guilty plea to a felony information charging him with sexual abuse of a minor.  In his plea agreement, Looney admitted to engaging in sexual acts with the child victim from March 2013 to June 2013.  Looney also admitted knowing that the victim was under 16 years of age when Looney violated the child.

Looney has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  After Looney completes his 15-year prison sentence, he will be on supervised release for a term of years to be determined by the court.  Looney also will be required to register as a sex offender.

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