District of New Mexico

ALBUQUERQUE – Paul Martin, 29, a member and resident of Isleta Pueblo, was sentenced this morning to 10 years in federal prison followed by three years of supervised release for discharging a firearm during a crime of violence.

Martin was arrested in April 2013, on an indictment charging him with assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, and using a firearm during a crime of violence.  He has been in federal custody since that time.

According to the indictment, Martin committed these crimes on Oct. 17, 2012, by assaulting another Isleta Pueblo man within Isleta Pueblo.  
Court filings reflect that Martin assaulted the victim by shooting the unarmed man multiple times at close range with a handgun.

On Oct. 3, 2013, Martin pled guilty to count 4 of the indictment charging him with using a firearm in relation to a crime of violence.  In entering his guilty plea, Martin admitted shooting the victim with a firearm on Oct. 17, 2013.  

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

ALBUQUERQUE – Robert Mullen, 60, a former officer with the Lawton, Okla., Police Department who now resides in Albuquerque, N.M., pleaded guilty this morning to distribution and possession of visual depictions of minors engaged in sexually explicit conduct.

Mullen was arrested on Dec. 17, 2013, by Special Agents of Homeland Security Investigations (HSI) on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct.  On Jan. 15, 2014, Mullen was indicted and charged with distribution of child pornography and possession of child pornography.  The indictment alleged that Mullen committed these two offenses between Aug. 2013 and Dec. 2013, in Bernalillo County, N.M.  During today’s proceedings, Mullen entered a guilty plea to both counts of the indictment
           
According to court filings, in Aug. 2013, a special agent with the New Mexico Attorney General’s Office (NMAGO) identified an IP address that was being used to share files containing child pornography while conducting an investigation targeting those who share child pornography on peer-to-peer file sharing networks.  Subsequent investigation revealed that the IP address was subscribed to Mullen at a residential address in west side of Albuquerque.

On Dec. 11, 2013, HSI, the Albuquerque Police Department (APD) and other agencies participating in the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a state search warrant at the residence and seized a computer and computer-related media.  A preliminary forensic examination of a computer taken from a bedroom used by Mullen recovered images and videos consistent with child pornography.

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

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

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

ALBUQUERQUE – Nelson Begay, 32, of Albuquerque, N.M., pleaded guilty today to a receipt of visual depictions of minors engaged in sexually explicit conduct charge.  The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and New Mexico Attorney General Gary K. King.

Begay was arrested on Nov. 13, 2013, on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct.  Shortly before his arrest, Begay resigned from his position as an officer of the Albuquerque Police Department. 

On Dec. 4, 2013, Begay was indicted and charged with two counts of receipt of child pornography and one count of possession of child pornography.  The indictment alleged that Begay received child pornography in Nov. 2012 and April 2013, and that he possessed child pornography in Nov. 2013, in Bernalillo County, N.M.

According to court filings, in Sept. 2013, a special agent with the New Mexico Attorney General’s Office (NMAGO) identified an IP address that was being used 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 Begay at a residential address in northeast Albuquerque.

Court records reflect that on Nov. 7, 2013, HSI and other agencies participating in the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a federal search warrant at Begay’s residence and seized computers and computer-related media.  A forensic examination of a laptop computer taken from a bedroom used by Begay recovered images consistent with child pornography.

During today’s hearing, Begay entered a guilty plea to count 1 of the indictment charging him with receipt of child pornography.  In his plea agreement, Begay admitted that on Nov. 1, 2012, he used file-sharing software to download and share child pornography, including a video that was almost 30 minutes in duration that was a compilation of many video clips of minors performing various sexual acts.

Begay has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  Begay faces a maximum federal prison sentence of not less than five years and not more than 20 years.  Under the terms of his plea agreement, Begay will be required to pay $1000 in restitution to one of the victims whose image appears in the aforementioned video.  Begay also will be required to register as a sex offender after he completes his prison sentence.

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

ALBUQUERQUE – Jimmie Edward Augustine, Sr., 69, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., Pueblo, pleaded guilty this morning to an abusive sexual contact charge under a plea agreement with the U.S. Attorney’s Office.

Augustine was arrested on Nov. 6, 2013, on a two-count indictment charging him with aggravated sexual abuse and abusive sexual contact with a child who had not attained the age of 12 years.  According to the indictment, Augustine committed the offenses between May 2011 and Sept. 2011, in a location within the Navajo Indian Reservation.

Today, Augustine pleaded guilty to Count 2 of the indictment charging him with abusive sexual contact.  Augustine admitted engaging in a sexual act with a child who was under 12 years of age by intentionally touching the child’s genitals and buttocks.

Under the terms of his plea agreement, Augustine will be sentenced to 24 months in prison to be followed by a term of supervised release to be determined by the court.  Augustine will be required to register as a sex offender after he completes his prison sentence.  The sentencing hearing has yet to be scheduled.

This case was investigated by the Gallup office of the FBI and the Gallup Police Department with assistance from the New Mexico Children, Youth and Families Department and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.  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/.

ALBUQUERQUE – Brian Dyea, 28, pleaded guilty this morning to an indictment charging him with assaulting an intimate partner by strangulation.  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.

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

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

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

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

ALBUQUERQUE – Willis Yazzie, 34, an enrolled member of the Navajo Nation who resides in Two Grey Hills, N.M., was sentenced today to 188 months in federal prison followed by eight years of supervised release for his aggravated sexual assault conviction.  Yazzie will be required to register as a sex offender when he completes his prison sentence.

Yazzie’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Director John Billison of the Navajo Nation Division of Public Safety.

Yazzie was arrested by the FBI on May 11, 2010, based on a criminal complaint alleging that he had sexually abused two children, then ages 13 and 10.  Yazzie has been in federal custody since that time.  According to court filings, the abuse allegations against Yazzie came to light on May 3, 2010, when the Navajo Nation Division of Social Services contacted the Navajo Nation Division of Public Safety to report the abuse.  According to the complaint, Yazzie abused the older child beginning in 2008 and continuing until April 2010, and allegedly abused the younger child beginning in April 2010.

In June 2010, Yazzie was indicted and charged with aggravated sexual abuse of a child under the age of 16, and aggravated sexual abuse of a child under the age of 12.  On Feb. 9, 2011, Yazzie pleaded guilty to a felony information charging him with aggravated sexual abuse, and admitted abusing a 13-year-old child by inappropriately touching the victim’s genitals. He also admitted that the sexual assault occurred in Two Grey Hills, which is located in the Navajo Indian Reservation.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, with assistance from the Navajo Nation Division of Social Services.  It was prosecuted by Assistant U.S. Attorneys Jacob A. Wishard and Jennifer M. Rozzoni 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 – Tracy York White, of Las Cruces, N.M., pleaded guilty this morning in Las Cruces federal court to making threats against the President of the United States under a plea agreement with the U.S. Attorney’s Office.

White was arrested on Oct. 28, 2013, on a criminal complaint alleging that he threatened the President during a telephone conversation with an employee of the Social Security Administration in Cleveland, Ohio.

During today’s proceedings, White entered a guilty plea to a felony information charging him with threatening the President on Oct. 24, 2013, in Doña Ana County, N.M.  According to the information, White threatened to get a firearm, go to the White House, and kill the President.  In his plea agreement, White stated that he made the threat in frustration and knew what he was doing was wrong.

White is in federal custody and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, White faces a maximum penalty of five years in prison.

This case was investigated by the Albuquerque office of the U.S. Secret Service with assistance from the Las Cruces Police Department, and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Samuel Elliott, 30, of Columbus, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to conspiracy to transport illegal aliens.

Samuel Elliott and his brother Robert Steven Elliott, 28, also of Columbus, were arrested on Sept. 11, 2013, on a criminal complaint charging them with conspiracy to transport illegal aliens.  According to the criminal complaint, on Aug. 31, 2013, Border Patrol Agents from the U.S. Border Patrol station in Deming, N.M., went to a trailer in Columbus after receiving a tip.  At the trailer, the agents encountered a group of individuals who admitted being Mexican nationals illegally present in the United States.

On Sept. 1, 2013, the Border Patrol initiated an investigation to determine how and by whom the illegal aliens were smuggled into the United States.  The investigation revealed that the aliens were smuggled into the United States on Aug. 28, 2013.  Once the aliens were in the United States, Samuel Elliott picked up the aliens and transported them to the trailer in Columbus where they met Robert Elliott.  Samuel Elliott and Robert Elliott instructed the aliens to stay in the trailer until the brothers were ready to smuggle them past the Border Patrol checkpoint and then transport them to Phoenix, Ariz. 

On Sept. 4, 2013, Samuel Elliott used an emergency vehicle belonging to the Columbus Fire Department to transport the illegal aliens through the Border Patrol checkpoint on New Mexico Road 11.  As he approached the checkpoint, Samuel Elliott activated the vehicle’s emergency sirens to avoid inspection at the checkpoint and drove through the checkpoint.  Samuel Elliott met up with Robert Elliott shortly thereafter with the intention of transferring the aliens to Robert so he could transport them to Phoenix.  Their plans were disrupted by agents who had been following Samuel Elliott at a distance.

During today’s proceedings, Samuel Elliot pled guilty to participating in the alien transportation conspiracy.  His brother Robert Elliott previously entered a guilty plea to the conspiracy on Jan. 22, 2014. 

At their sentencing hearings, which have yet to be scheduled, Samuel Elliott and Robert Elliott each face a maximum penalty of ten years in prison.  Both men are in federal custody pending their sentencing hearings.

This case was investigated by agents at the Deming Station of the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Arthur Sanchez, 36, of Albuquerque, N.M., was sentenced this afternoon to 15 years in federal prison followed by three years of supervised release for his heroin trafficking conviction and for being a felon in possession of a firearm and ammunition.  Sanchez received an enhanced sentence because of his status as an armed career criminal. 

The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department.

Sanchez was arrested on state charges on March 30, 2011, after officers of the Albuquerque Police Department observed Sanchez throw an object out of his vehicle’s window when they pulled him over for a traffic violation.  The object was a package containing approximately 22 grams of heroin.  The officers subsequently recovered a pistol with a loaded magazine from Sanchez’s vehicle.

In March 2013, Sanchez was indicted federally and charged with possession of heroin with intent to distribute and being a felon in possession of a firearm and ammunition based on the conduct occurring on March 30, 2011.  At the time, Sanchez was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses:  aggravated assault and auto burglary; robbery; and aggravated robbery with a firearm. The related state charges were dismissed after Sanchez was transferred to federal custody in April 2013.

On Dec. 17, 2013, Sanchez entered a guilty plea to both counts of the indictment.  Sanchez admitted intentionally possessing heroin on March 30, 2011, with the intention of distributing it.  He also admitted possessing a loaded pistol on that day.

Sanchez 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.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – The Tenth Circuit Court of Appeals today issued a ruling reversing the Feb. 1, 2013 Order of the U.S. District Court for the District of New Mexico which granted a new trial for the owner of a gun shop in Deming, N.M., his wife and their son who were found guilty on federal firearms charges by a jury on Aug. 1, 2012. 

Today’s ruling upholds the convictions of Rick Reese, 58, Terri Reese, 52, and Ryin Reese, 26, on charges that they aided and abetted straw purchases of firearms at their place of business, New Deal Shooting Sports.  In reaching this decision, the appellate court rejected the defendants’ arguments that the United States failed to disclose material information that could have been used to impeach a government witness at trial.

In announcing the appellate court’s decision, Acting U.S. Attorney Steven C. Yarbrough said, “The United States takes its obligation to disclose material information favorable to a criminal defendant very seriously.  The Tenth Circuit’s conclusion that my office did not violate its disclosure obligations during its prosecution of this case is, therefore, a very important one.  We affirm our commitment to vigorously prosecute those who commit federal crimes and to do so in a manner that ensures that criminal defendants receive the fair trials to which they are entitled.”

The defendants have a period of time to seek en banc review from the Tenth Circuit Court of Appeals or a writ of certiorari from the U.S. Supreme Court.  Absent further appeal, the case returns to the district court for sentencing.  Rick, Terri and Ryin Reese each face a maximum penalty of five years in prison.  Their sentencing hearings have yet to be scheduled.

This case was investigated by Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorneys Maria Y. Armijo and Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case in the district court.  Assistant U.S. Attorney Laura Fashing, Chief of the U.S. Attorney’s Appellate Division, represented the United States on the appeal.

• Reese Appellate Decision

ALBUQUERQUE – Edwin Cheromiah, 28, was sentenced this afternoon to 72 months in federal prison to be followed by three years of supervised release for assaulting his intimate partner.  The sentence 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 Police Chief Donald Siow of the Acoma Tribal Police Department.

Cheromiah, a member and resident of Laguna Pueblo, was arrested on Sept. 12, 2013, on an indictment charging him with assault resulting in serious bodily injury; assault with a dangerous weapon; and possessing and brandishing a firearm during a crime of violence. 

On Nov. 18, 2013, Cheromiah pleaded guilty to a two-count felony information charging him with assault with a dangerous weapon and assault of an intimate partner by strangling and suffocation.  In entering his guilty plea, Cheromiah admitted that on Dec. 27, 2010, he assaulted his intimate partner, an Acoma Pueblo woman, by placing a rifle into the mouth of the victim and threatening to kill her.  He further admitted assaulting the victim by strangling her and attempting to suffocate her.

This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.  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 – Quentin Scott Veneno, 27, was sentenced to 27 months in federal prison followed by three years of supervised release for his conviction on a domestic assault by a habitual offender charge.  The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Police Chief Kendall P. Vicenti of the Jicarilla Apache Tribal Police Department.

Veneno, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was arrested on Sept. 19, 2013, based on an indictment alleging that he assaulted his domestic partner, also a member of the Jicarilla Apache Nation, in Nov. 2012.  Veneno was charged federally as a habitual domestic violence offender because he has two prior domestic violence convictions in the Jicarilla Apache Nation Court.

On Dec. 2, 2013, Veneno pleaded guilty to the indictment and admitted assaulting his intimate partner and the mother of his child by striking her in the face multiple times with a closed fist and biting her on the neck.  Veneno further admitted that he committed this crime on Nov. 8, 2012, in a location within the Jicarilla Apache Reservation.  Veneno also admitted that he previously was convicted on domestic violence charges on two occasions in 2009 before the Jicarilla Apache Nation Court.

This case was investigated by the Jicarilla Apache 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 – Aaron Jimenez, 31, of Grants, N.M., was sentenced this morning to 84 months in federal prison followed by three years of supervised release for violating the federal firearms laws.  The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, 13th Judicial District Attorney Lemuel L. Martinez, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives and Chief Steve Sena of the Grants Police Department.

Jimenez was charged in March 2013 in a two-count indictment with unlawful possession of an unregistered sawed-off shotgun and being a felon unlawfully in possession of a firearm and ammunition.  According to the indictment, Jimenez committed these offenses on Oct. 10, 2012, in Cibola County, N.M.  At the time, Jimenez was prohibited from possessing firearms or ammunition because he previously had been convicted of burglary, aggravated battery and criminal damage to property. 

In April 2013, Jimenez was transferred to federal custody from state custody, where he was being held on related state charges.  The state charges subsequently were dismissed in lieu of federal prosecution.  In Sept. 2013, Jimenez pled guilty to both counts of the indictment.

Jimenez 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.

            This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Grants Police Department with assistance from the 13th Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Darryle R. Dennison, 25, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pleaded guilty this morning to an aggravated sexual abuse charge.  Under the terms of his plea agreement, Dennison will be sentenced to a prison term of 12 to 14 years followed by a term of supervised release to be determined by the court.  Dennison will be required to register as a sex offender after he completes his prison sentenced. 

Dennison’s guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Director John Billison of the Navajo Nation Division of Public Safety.

Dennison was arrested on June 7, 2013, on a criminal complaint alleging that he sexually abused a child less than 12 years old on June 4, 2013, in a location within the Navajo Indian Reservation.  During today’s hearing, Dennison pled guilty to a felony information charging him with aggravated sexual abuse and Dennison admitted engaging in a sexual act with a child under the age of 12 years.

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

ALBUQUERQUE – Jayson Gustina, 24, of Sanostee, N.M., pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office. 

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

In entering his guilty plea, Gustina admitted assaulting the victim on Aug. 21, 2013.  He also acknowledged that the victim suffered severe bruising, swelling, and a fractured cheek bone as a result of the assault.

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

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.  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 – Alberto Acevedo, Jr., 60, an attorney in San Antonio, Texas, pleaded guilty this morning to a bribery charge in the U.S. District Court for the Western District of Texas, announced Steven C. Yarbrough, Acting U.S. Attorney for the District of New Mexico, and Aaron C. Rouse, Acting Special Agent in Charge of the FBI’s San Antonio Division.

Acevedo entered his guilty plea to a felony information charging him with bribery involving a program receiving federal funds pursuant to a plea agreement.  The information charges that between March 2013 and Dec. 2013, Acevedo corruptly influenced a state court judge by giving him things of value.  During that period, the state court judge was agent of the State of Texas and Bexar County, Texas, government entities that received federal assistance in 2013.  The state court judge referred to in the information resigned from the bench on Feb. 14, 2014.

In announcing Acevedo’s guilty plea, Acting U.S. Attorney Steven C. Yarbrough said, “Fair and impartial judgment by those entrusted to carry out the laws is the bedrock of our legal system.  We cannot and will not allow the public’s faith in our legal system to be shaken by judicial corruption.”

“Corruption in the courtroom erodes public confidence in the fair prosecution and resolution of cases and threatens to undermine our judicial system,” said Acting Special Agent in Charge Aaron C. Rouse of the FBI.  “The FBI is committed to aggressively investigating and prosecuting those who are motivated by greed and who try to advance their personal agendas through bribery.”

In his plea agreement, Acevedo admitted giving gifts, payments and other things of value totaling more than $6,655 to the state court judge in exchange for favorable judicial rulings that benefitted him and his clients.  Acevedo’s bribes to the state court judge included cash, car repairs, arranging the sale of a vehicle belonging to the state court judge, and registering a vehicle purchased by the state court judge.  According to the plea agreement, the state court judge provided the favorable judicial rulings requested by Acevedo, including lenient sentences and less restrictive conditions of release for Acevedo’s clients.
           
At sentencing, Acevedo faces a maximum ten-year prison sentence and a $250,000 fine.  Acevedo was released on bond pending his sentencing hearing, which has yet to be scheduled.

Acting U.S. Attorney Steven C. Yarbrough praised the investigative work of the San Antonio Division of the FBI, which he noted is ongoing.
The prosecution of this case is being handled by Assistant U.S. Attorneys Mark A. Saltman and Brock E. Taylor of the U.S. Attorney’s Office for the District of New Mexico.

• Acevedo Information

ALBUQUERQUE – Clinton Skippings, 57, of Hobbs, N.M., pleaded guilty today in Las Cruces federal court to a methamphetamine trafficking charge.  The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Commander Mike Wilson of the Lea County Drug Task Force (LCDTF).

Skippings was arrested on Dec. 18, 2013, after he was transferred from state custody to federal custody to face charges on a federal criminal complaint alleging methamphetamine trafficking charges.  According to the criminal complaint, officers of the LCDTF arrested Skippings in Hobbs, N.M., on state charges on Oct. 10, 2013, after seizing approximately 119 grams of methamphetamine, 42.6 grams of cocaine and 10 grams of cocaine base when they executed search warrants on Skippings, his residence and his vehicle.  The officers also seized a firearm and more than $5800 in cash.  

During today’s proceedings, Skippings entered a guilty plea to a felony information charging him with possession of methamphetamine with intent to distribute.  In his plea agreement, Skippings admitted that he was in possession of methamphetamine and cocaine base that he intended to distribute when he was stopped by officers on Oct. 10, 2013.  He also admitted that he intended to distribute the methamphetamine, cocaine and cocaine base seized when the officers executed a search at his residence.

Skippings is in federal custody and remains detained pending his sentencing hearing, which has yet to be scheduled.  Under the terms of his plea agreement, Skippings will be sentenced to ten years in federal prison.  According to the plea agreement, the parties will recommend that the ten year prison sentence run concurrently with the sentence imposed on Skippings in the state case captioned State of New Mexico v. Clinton Skippings, D-506-CR-2013-00074 (5th Judicial District).

This federal case was investigated by the Las Cruces office of the DEA and the Lea County Drug Task Force, with assistance from the 5th Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.  Assistant District Attorney Erik Scramlin of the 5th Judicial District Attorney’s Office prosecuted the aforementioned state case.

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

ALBUQUERQUE – Gabriel Armas, 30, pleaded guilty on March 14, 2014 to a  misdemeanor information charging him with an assault offense under a plea agreement with the U.S. Attorney’s Office. 

Armas, a non-Indian man from Chama, N.M., entered his guilty plea to an information alleging that he threatened to physically harm a Jicarilla Apache woman on May 12, 2012, in a location within the Jicarilla Apache Nation.  In his plea agreement, Armas admitted assaulting the victim by placing her in fear that she was in danger of an immediate battery. 

At sentencing, Armas faces a maximum penalty of a year in prison.  Armas was released under pretrial services supervision pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Jicarilla Apache 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 – Grace Roman Childers, 59, of Roswell, N.M., pleaded guilty today in Las Cruces federal court to a methamphetamine trafficking charge.  The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Commander Mike Wilson of the Lea County Drug Task Force (LCDTF).

Childers was arrested in Fort Worth, Texas, on July 17, 2013, on a federal criminal complaint alleging methamphetamine trafficking and firearms charges, and was transferred to New Mexico on July 31, 2013.  According to the criminal complaint, officers of the LCDTF arrested Childers in Hobbs, N.M., on state charges on Feb. 19, 2013, after finding approximately 300 grams of methamphetamine and a loaded handgun when they executed a state search warrant on a vehicle Childers was driving.  The officers also found a digital scale with drug residue and $7,420 in cash in Childers’ vehicle.  The state charges against Childers were dismissed after federal charges were filed.

Today Childers entered a guilty plea to possession of methamphetamine with intent to distribute and admitted possessing approximately 299.85 grams of pure methamphetamine on Feb. 19, 2013, in Lea County, N.M.  She further admitted that she was storing the drugs in her vehicle with the intention of distributing the drugs before it was seized by law enforcement officers.

Childers is in federal custody and remains detained pending her sentencing hearing, which has yet to be scheduled.  At sentencing, she faces a term of imprisonment of not less than ten years and a maximum of life imprisonment.

This case was investigated by the Roswell office of the FBI and the Lea County Drug Task Force, with assistance from the 5th Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Shaheen P. Torgoley and Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.

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

ALBUQUERQUE – Samuel Billy, 49, an enrolled member of the Navajo Nation who resides in El Rancho, N.M., which is located in San Ildefonso Pueblo, was sentenced this morning to 20 years in federal prison followed by ten years of supervised release for his child sexual abuse conviction.  Billy will be required to register as a sex offender after he completes his prison sentenced.  The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.

Billy was arrested on Jan. 7, 2013, on a criminal complaint alleging that he sexually abused a child less than 12 years old in early Nov. 2012.  According to the complaint, Billy sexually abused the child victim, who was left in his care, in his residence in San Ildefonso Pueblo on at least two occasions.  Billy subsequently was charged in a four-count superseding indictment with three counts of aggravated child sexual abuse and one count of abusive sexual contact.  The indictment alleged that Billy sexually abused the child victim on four separate occasions between Nov. 1, 2012 and Dec. 31, 2012, in a location within San Ildefonso Pueblo.

On Sept. 12, 103, Billy pleaded guilty to a felony information charging him with sexual abuse.  During his plea hearing, Billy admitted touching the child victim’s genitals while the victim was sleeping and incapable of appraising the nature of the conduct.

This case was investigated by the Santa Fe office of the FBI and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito 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 –Michelle Smith, 31, of Farmington, N.M., was arraigned this morning in federal court on an 18-count indictment charging her with wire fraud and aggravated identity theft charges.  Smith entered a not guilty plea to the indictment and was released on her own recognizance pending trial, which has yet to be scheduled.

The indictment, which was filed on Feb. 26, 2014, includes 14 counts of wire fraud and four counts of aggravated identity theft arising from Smith’s alleged scheme to defraud Allstate Workplace Division and American Heritage Life Insurance (Allstate) of approximately $224,000 in advance commissions by submitting fraudulent policy enrollments.  At the time of the offenses charged in the indictment, Smith was employed by Wells Insurance Agencies (Wells), exclusive brokers for Allstate with offices in Farmington, as an insurance agent to sell Allstate insurance policies.

According to the indictment, Allstate pays its brokers a commission for each Allstate insurance policy the broker sells.  When Allstate receives a new policy enrollment, Allstate pays the broker an advance commission amounting to a percentage of six months’ work of premiums on the policy.  If the enrollee cancels the policy or fails to pay premiums for six months, the broker is required to return the advance commission to Allstate.  When Smith was employed by Wells, Wells paid Smith 70% of the advance commissions she allegedly generated by submitting Allstate insurance policy enrollments.

The indictment alleges that from Aug. 1, 2009 through May 3, 2010, Smith devised a scheme to defraud Allstate and Wells by submitting fraudulent policy enrollments and obtaining advance commissions to which she was not entitled.  During this ten month period, Smith allegedly submitted enrollments in the names of approximately 150 different enrollees for a total of approximately 505 Allstate insurance policy enrollments.  The enrollment forms allegedly transmitted electronically to Allstate by Smith were in the names of individuals who had not purchased insurance from Allstate and had forged signatures.  According to the indictment, between Nov. 2009 and April 2010, Smith allegedly received approximately $224,000 in advance commissions based on the fraudulent enrollments she submitted to Allstate.

Smith also is charged with unlawfully using the identification of others, including their names, addresses, telephone numbers, Social Security numbers, dates of birth and driver’s license numbers, to facilitate four of the fraudulent enrollments.  The indictment includes forfeiture allegations that seek forfeiture of assets constituting or derived from the proceeds of Smith’s alleged criminal activity.

If convicted, Smith faces a maximum penalty of 20 years in prison on each of the 14 wire fraud counts.  Smith also faces a mandatory two year prison sentence on each of the four identity theft counts that must be served consecutive to any prison sentence imposed on the wire fraud charges.

The charges in the indictment are merely accusations, and Smith is presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the Farmington office of the FBI and is being prosecuted by Assistant U.S. Attorney Jeremey Peña.

• Smith Indictment

ALBUQUERQUE – This morning in federal court, Jasper Fernandez, 39, an enrolled member of the Navajo Nation who resides in Bloomfield, N.M., entered a guilty plea to a felony information charging him with involuntary manslaughter under a plea agreement with the United States Attorney’s Office.

Fernandez was arrested on Feb. 22, 2012, on a criminal complaint charging him with the Nov. 4, 2011, murder of a 36-year-old Navajo woman on the Navajo Indian Reservation. 

During today’s plea hearing, Fernandez admitted that he killed the victim while defending himself from a physical assault by the victim.  According to the plea agreement, Fernandez and the victim were both intoxicated when the victim began kicking and punching Fernandez because he criticized her.  Fernandez, who lost a tooth as a result of the assault, pushed the victim away too hard and caused her to hit her head against the door pillar of a vehicle and die.  Fernandez acknowledged that instead of seeking medical attention for the victim or contacting the police, he attempted to conceal his crime by burying the victim’s remains.

Under the terms of his plea agreement, Fernandez will be sentenced to a prison term of time served.  Fernandez remains in custody pending his sentencing hearing, which has yet to be scheduled.

The case was investigated by the Albuquerque and Farmington offices of the FBI, the Navajo Nation Department of Public Safety and San Juan County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Curtis Caylor, 60, of Albuquerque, N.M., was sentenced today to five years in federal prison to be followed by five years of supervised release for his child pornography conviction.  Caylor will be required to register as a sex offender after he completes his prison sentence.

Caylor was arrested on Dec. 20, 2012, on an indictment charging him with three counts of receipt of a visual depiction of minors engaged in sexually explicit conduct and two counts of possession of a visual depiction of minors engaged in sexually explicit conduct.  The indictment alleged that Caylor received child pornography on three occasions in Sept. 2011 and that he possessed child pornography in Jan. 2012, in Bernalillo County.

On Aug. 21, 2013, Caylor entered a guilty plea to Count 2 of the indictment charging him with receipt of child pornography.  In his plea agreement, Caylor acknowledged that investigators with Homeland Security Investigations (HSI) and the New Mexico Internet Crimes Against Children Task Force (New Mexico ICAC Task Force) executed a federal search warrant at his residence on Jan. 12, 2012 and seized computers and computer-related media.  The search warrant was issued based on an undercover investigation by the New Mexico State Police that began in June 2011, and targeted individuals who possessed, received and distributed child pornography.  The investigation revealed that an IP Address which was subscribed to Caylor’s residence was being used to download child pornography images and videos through a peer-to-peer file-sharing program.

Caylor also acknowledged that a forensic examination of his computers and computer-related media by HSI and the New Mexico Regional Computer Forensics Lab revealed thousands of images and videos consistent with child pornography.  Caylor also acknowledged that HSI sent more than 1000 of these images and 600 of those videos to the National Center for Missing and Exploited Children (NCMEC) and the NCMEC has issued a preliminary report indicating they include 154 videos of 48 children who have been identified as child pornography victims and have been rescued.
              
This case was investigated by the Albuquerque office of HSI, the Online Predator Unit of the NMSP, the New Mexico Regional Computer Forensic Laboratory and other members of the New Mexico ICAC Task Force.  It was prosecuted by Assistant U.S. Attorney Marisa A. Charlyn E. Rees as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – James Olsson, 60, of Albuquerque, N.M., was sentenced today to ten years in federal prison followed by a lifetime of supervised release for his child pornography conviction.  Olsson will be required to register as a sex offender after he completes his prison sentence. 

Olsson was indicted on June 12, 2013, and charged with two counts of possession of visual depictions of minors engaged in sexually explicit conduct.  According to court filings, on April 11, 2013, that day, a state probation officer learned that Olsson possessed child pornography during a routine field visit with Olsson at his residence.  At the time, Olsson was on probation for failure to register as a sex offender as required by his 2009 state court conviction for possession of child pornography.  Olsson was arrested on state charges that day and was in state custody until he was transferred to federal custody on June 26, 2013.

On Dec. 2, 2013, Olsson pled guilty to the indictment and admitted obtaining child pornography images and videos from the Internet.  Olsson further admitted that he had been collecting child pornography for approximately six months prior to his arrest in April 2013.  Olsson was subject to an enhanced sentence of not less than ten years in prison because of his prior child pornography conviction.

This case was investigated by the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office and the New Mexico Corrections Department’s Division of Probation and Parole, and was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga.

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/.

The case also was brought as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Isaiah Dean Trujillo, 24, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty this morning to a felony information charging him with two counts of involuntary manslaughter.  The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough and Chief Kendell Vicenti of the Jicarilla Apache Tribal Police Department.

Trujillo was arrested on May 6, 2013, on a criminal complaint alleging involuntary manslaughter charges arising out of a single motor vehicle collision occurring on April 24, 2013, in Dulce within the Jicarilla Apache Nation.  Two women, both members of the Jicarilla Apache Nation, died as a result of injuries sustained during the collision.  Trujillo, the driver of the vehicle, was intoxicated at the time of the collision.

In his plea agreement, Trujillo admitted that on April 24, 2013, he drove a vehicle in excess of 70 miles per hour on a road with a 35 mile per hour speed limit after consuming a large amount of alcohol.  Trujillo further admitted that he lost control of the vehicle and the vehicle flipped over.  Two of the four passengers in the vehicle were killed and the other two suffered serious injuries.  Trujillo further admitted that his blood alcohol concentration was .29 following the collision.

Trujillo’s sentencing hearing has yet to be scheduled.  Under the terms of his plea agreement, Trujillo will be sentenced to eight years in federal prison followed by a term of supervised release to be determined by the court.

This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.

ALBUQUERQUE – Michael Capps, 52, of Truth or Consequences, N.M., pled guilty this morning in federal court in Las Cruces, N.M.to a felony information charging him with being a felon in possession of a firearm.  The guilty plea was entered without the benefit of a plea agreement.

Michael Capps and his wife, Roberta Capps, 53, were arrested on May 21, 2013, on criminal complaints alleging that they unlawfully distributed quantities of Oxycodone and Oxymorphone to a DEA confidential source on three occasions between Dec. 10, 2012 and Jan. 15, 2013.  On June 19, 2013, the couple was charged in a five-count indictment with one count of conspiracy and three counts of distribution of Oxycodone.  The fifth count charged Michael Capps with being a felon in possession of a firearm.

According to the indictment, Roberta Capps and Michael Capps conspired to distribute Oxycodone and unlawfully distributed Oxycodone on three separate occasions on Dec. 10, 2012, Dec. 18, 2012 and Jan. 15, 2013, in Sierra County, N.M.  Court filings reflect that the couple sold the Oxycodone to an individual who unbeknownst to them was a confidential source for the DEA and that Roberta Capps admitted knowing that it was illegal to sell prescription medications to others during a recorded conversation with the source.

The indictment also alleges that on May 21, 2013, the date of his arrest in this case, Michael Capps unlawfully possessed a firearm and ammunition.  At the time, Capps was prohibited from possessing firearms or ammunition because he previously had been convicted of first degree burglary.

Today, Michael Capps entered a guilty plea to being a felon in possession of a firearm and ammunition.  At sentencing, Capps faces a maximum penalty of ten years in prison.  His sentencing hearing has yet to be scheduled.

Roberta Capps previously entered guilty pleas to Counts 1 through 4 of the indictment charging her with conspiracy and distribution of Oxycodone on Jan. 7, 2014.  At sentencing, she faces a maximum penalty of 20 years in prison.  Her sentencing hearing also has not yet been scheduled.

This case was investigated by the Las Cruces office of the DEA and the Truth or Consequences Police Department and is being prosecuted by Assistant U.S. Attorney Amanda L. Gould of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Joe Herrera, Jr., 44, an enrolled member of the Navajo Nation who resides in Thoreau, N.M., was sentenced this morning to 24 months in federal prison followed by two years of supervised release for unlawfully possessing a sawed-off shotgun that was not registered to him.

Herrera was indicted in Feb. 2013, on the charge to which he pleaded guilty this morning.  According to the indictment, Herrera unlawfully possessed the unregistered sawed off shotgun on Aug. 16, 2011, in McKinley County, N.M.  Herrera admitted committing the offense when he entered his guilty plea on July 11, 2013.

The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Novaline D. Wilson prosecuted the case.

ALBUQUERQUE – Donovan Isiah Sisco, 19, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., was sentenced this afternoon to 18 months in federal prison followed by two years of supervised release for his aggravated burglary conviction.  Sisco also was ordered to pay $9,214.31 in restitution to the victim of his crime.

Sisco was arrested on March 1, 2013, on a criminal complaint charging him with unlawfully entering into a dwelling for the purpose of committing a felony and with committing a battery.  He subsequently was indicted and charged with aggravated burglary and assault with intent to commit aggravated burglary in a residence located on the Navajo Indian Reservation on Feb. 8, 2013. 

On Sept. 18, 2013, Sisco entered his guilty plea to assault with the intention to commit an aggravated burglary.  In his plea agreement, Sisco admitted entering the victim’s home without consent and assaulting the victim by grabbing her by the hair and throwing her to the ground causing her to sustain injuries.  Sisco also admitted breaking the windows at the victim’s residence as well as the windows of her vehicle.

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

ALBUQUERQUE – Harold Martinez, 32, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., pleaded guilty this morning to a felony information charging him with abuse of a child not resulting in death or serious bodily injury.

Martinez was arrested on Nov. 26, 2013, on a criminal complaint alleging assault charges.  According to the criminal complaint, on June 11, 2013, Martinez initiated a physical confrontation with another Navajo man during which Martinez stabbed the victim.  After the victim got into his vehicle in an effort to get away from Martinez, Martinez rammed his own vehicle into the victim’s vehicle several times.  Two young boys were in Martinez’s vehicle when he rammed it into the victim’s vehicle.

During this morning’s hearing, Martinez admitted that on June 11, 2013, he deliberately drove his vehicle into another vehicle without justification.  Martinez also admitted that two unrestrained children were in the vehicle he was driving and that by ramming into another vehicle he placed the children in a situation that endangered their lives or health.  The children however were not injured.

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

This case was investigated by the Ramah Navajo Police Department and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

ALBUQUERQUE – Donovan F. Muskett, 22, an enrolled member of the Navajo Nation who resides in Navajo, N.M., was sentenced this afternoon to seven years in federal prison for brandishing a firearm during a crime of violence.  Muskett will be on supervised release for three years after completing his prison sentence.  He also was ordered to pay $668.40 to the victim of his crime.

The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Director John Billison of the Navajo Nation Division of Public Safety.

Muskett was arrested on March 1, 2013, based on a criminal complaint charging him with assault with a dangerous weapon, using a firearm during a crime of violence and aggravated burglary.  He subsequently was indicted and charged with committing the following offenses in Navajo, N.M., on Feb. 10, 2013:  (1) assault with a dangerous weapon; (2) aggravated burglary; (3) brandishing a firearm during a crime of violence; and (4) negligent child abuse.

According to court records, on Feb. 10, 2013, Muskett forced his way at gunpoint into a Navajo residence occupied by a woman and a young child.  Muskett pointed his firearm at the adult victim, demanded money from her, and threatened to shoot her.  While Muskett was rummaging in the kitchen, the victim managed to push Muskett out of the residence and lock him out.  After ensuring the child victim’s safety, the adult victim called the police and reported the break-in and assault.  Officers were able to locate Muskett by following footsteps in the snow.  Muskett was arrested on tribal charges and remained in tribal custody until his arrest on federal charges.

On Nov. 6, 2013, Muskett pled guilty to brandishing a firearm during a crime of violence.  In entering his guilty plea, Muskett admitted brandishing a .22 caliber revolver at the adult victim with the intention of committing the felony offenses of assault with a dangerous weapon and aggravated battery.

This case was investigated by the Window Rock office of the Navajo Division of Public Safety with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and was prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback.

ALBUQUERQUE – The Department of Justice announced that this morning John W. Ng, 58, of Albuquerque, N.M., made his initial appearance in federal court on a criminal complaint charging him with a hate crime offense related to anti-Semitic threats made against a Jewish woman who owns and operates the Nosh Jewish Delicatessen & 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.  According to the criminal complaint between Jan. 22, 2014 and Feb. 8, 2014, Ng allegedly posted threatening anti-Semitic notes on and in the vicinity of the victim’s business.

A criminal complaint merely establishes probable cause, and Ng is presumed innocent unless proven guilty.  If convicted on the offense charged in the criminal complaint, Ng faces a maximum statutory penalty of one year in prison.

This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Mark T. Baker of the U.S. Attorney’s Office for the District of New Mexico and Trial Attorney AeJean Cha of the U.S. Department of Justice’s Civil Rights Division.

• Ng Complaint

ALBUQUERQUE – Eric Bernard Harris, 46, of St. Albans, N.Y., pleaded guilty this afternoon to a conspiracy to distribute marijuana charge.  The plea was entered without the benefit of a plea agreement.  Eric Harris’s co-defendant, Gary Anthony Harris, 50, of Carle Place, N.Y., entered a guilty plea to a marijuana trafficking charge earlier this week.

Eric Harris and Gary Harris were charged by criminal complaint on Aug. 8, 2013, with conspiracy to distribute marijuana.  On Aug. 13, 2013, Homeland Security Investigations (HSI) agents arrested Eric Harris in New York, N.Y., and Gary Harris in Carle Place, N.Y.  The two men subsequently appeared in Las Cruces federal court to face the charges against them.  On Nov. 13, 2013, they were indicted and charged with conspiracy and possession of marijuana with intent to distribute.

According to court filings, Carl Francis Carter, 60, of Deptford, N.J., was arrested on July 27, 2011, after an officer of the New Mexico Department of Public Safety Motor Transportation Division found 527 kilograms (1163 pounds) of marijuana concealed in Carter’s commercial vehicle during a routine inspection at a checkpoint on Interstate 10 in Hidalgo County, N.M.  Subsequent investigation by HSI revealed that Carter had been in communication with Gary Harris on the night of his arrest, and that Eric Harris had attempted to contact Carter the morning after his arrest.  Investigation also revealed that Eric Harris and Gary Harris traveled from New York to Phoenix, Ariz., on July 17, 2011, allegedly to facilitate the purchase of the marijuana and to transport it from Tucson, Ariz., to New York.  Eric Harris and Gary Harris traveled back to New York on July 27, 2011, following Carter’s arrest.
           
Today, Eric Harris pleaded guilty to both counts of the Indictment charging him with conspiracy to distribute marijuana and possession of marijuana with intent to distribute, and admitted conspiring with Gary Harris, Carter and others to distribute the 527 kilograms of marijuana found in Carter’s commercial vehicle.

On March 5, 2014, Gary Harris pleaded guilty to possession of marijuana with intent to distribute under a plea agreement with the U.S. Attorney’s Office.  In entering his guilty plea, Gary Harris acknowledged possession of 300 pounds of 527 kilograms of marijuana that was found in Carter’s commercial vehicle on June 27, 2011.  He also admitted that Eric Harris and he traveled from New York to Arizona to facilitate the purchase and transportation of the marijuana from Arizona to New York.  As part of his plea agreement, Gary Harris agreed to forfeit $52,882.97 in drug proceeds which were seized from two bank accounts and a safe deposit box by HSI pursuant to seizure warrants.

Carter pled guilty to a marijuana trafficking charge on Jan. 31, 2012, and admitted knowingly possessing 527 kilograms of marijuana on July 27, 2011.  Carter admitted knowing that the marijuana was concealed in his commercial vehicle and that he expected to be paid for delivering the marijuana for further distribution. 

Sentencing hearings for Eric Harris, Gary Harris and Carter have yet to be scheduled.  At sentencing, each man faces a sentence of not less than five years and not more than 40 years in prison.

This case was investigated by the Deming office of HSI with assistance from the New Mexico Department of Public Safety Motor Transportation Division, and is being prosecuted by Supervisory Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – James Charles Mollohan, 36, of Albuquerque, N.M., pleaded guilty today to four armed bank robbery charges and to using a firearm in relation to a crime of violence.  Under the terms of his plea agreement, Mollohan will be sentenced to a prison term within the range of 322 months (26.83 years) to 387 months (32.25 years) followed by a term of supervised release to be determined by the court.

The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department.

Mollohan was arrested on Feb. 1, 2013, on a criminal complaint charging him with the armed robbery of the New Mexico Educators Federal Credit Union branch located at 3205 Coors Blvd. NW in Albuquerque.  According to court filings, Mollohan approached a bank teller, pointed a handgun at the teller, and demanded money.  As the teller opened the cash drawer in response to Mollohan’s demand, the teller surreptitiously activated an alarm before handing cash to Mollohan.  Mollohan was arrested in the vicinity of the bank shortly thereafter by officers of the Albuquerque Police Department who responded to a radio transmission alerting them of the bank robbery.  Mollohan was in possession of a loaded semi-automatic handgun and a significant amount of cash when he was arrested.

During today’s hearing, Mollohan pled guilty to a five-count felony information charging him with four counts of armed bank robbery and possession of a firearm in relation to a crime of violence.  In entering his guilty plea, Mollohan admitted robbing at gunpoint the following Albuquerque-area banks:  the Bank of Albuquerque branch located at 3301 Coors Blvd. NW on Jan. 12, 2013; the New Mexico Bank and Trust branch located at 6201 Riverside Plaza Lane on Jan. 29, 2013; and New Mexico Educators Federal Credit Union located at 3205 Coors Blvd. NW on Jan. 29, 2013 and again on Feb. 1, 2013.

Mollohan has been in federal custody since his arrest on Feb. 1, 2013.  He remains detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department with assistance from the New Mexico Corrections Department Probation and Parole, and is being prosecuted by Assistant U.S. Attorney Charles L. Barth.  This case is being 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 – Gary Anthony Harris, 50, of Carle Place, N.Y., pleaded guilty late yesterday afternoon in Las Cruces federal court to a marijuana trafficking charge under a plea agreement with the U.S. Attorney’s Office.

Harris and co-defendant Eric Bernard Harris, 46, of St. Albans, N.Y., were charged by criminal complaint on Aug. 8, 2013, with conspiracy to distribute marijuana.   The criminal complaint stated that on July 27, 2011, Carl Francis Carter, 60, of Deptford, N.J., was arrested in Hidalgo County, N.M., after an officer of the New Mexico Department of Public Safety Motor Transportation Division found 527 kilograms (1163 pounds) of marijuana concealed in Carter’s commercial vehicle during a routine inspection.   Subsequent investigation by Homeland Security Investigations (HSI) linked Gary Harris and Eric Harris to the marijuana seized from Carter.

According to the criminal complaint, Carter had been in communication with Gary Harris on the night of his arrest, and Eric Harris had attempted to contact Carter the morning after his arrest.  Investigation also revealed that Gary Harris and Eric Harris traveled from New York to Phoenix, Ariz., on July 17, 2011, to facilitate the purchase of the marijuana found in Carter’s commercial vehicle and to transport it from Tucson, Ariz., to New York.  Gary Harris and Eric Harris traveled back to New York on July 27, 2011, following Carter’s arrest.   

On Aug. 13, 2013, HSI agents arrested Gary Harris in Carle Place, N.Y., and Eric Harris in New York, N.Y.  The two men subsequently appeared in Las Cruces federal court to face the charges against them.  On Nov. 13, 2013, Gary Harris and Eric Harris were indicted and charged with conspiracy and possession of marijuana with intent to distribute.

Yesterday afternoon, Gary Harris pleaded guilty to possession of marijuana with intent to distribute.  In his plea agreement, Gary Harris admitted possession of 300 pounds of the marijuana that was found in Carter’s commercial vehicle.  He also acknowledged that Carter was hauling a total of 527 kilograms (1163 pounds) of marijuana when he was arrested on July 27, 2011.  Gary Harris further admitted traveling from New York to Phoenix to facilitate the purchase and transportation of the marijuana seized from Carter.

Gary Harris faces a penalty of not less than five years and not more than 40 years in prison when he is sentenced.  His sentencing hearing has yet to be scheduled.  As part of his plea agreement, Gary Harris will forfeit $52,882.97 in drug proceeds which were seized from two bank accounts and a safe deposit box by HSI pursuant to seizure warrants.

Carter pled guilty to a marijuana trafficking charge on Jan. 31, 2012, and admitted knowingly possessing 527 kilograms of marijuana on July 27, 2011.  Carter admitted knowing that the marijuana was concealed in his commercial vehicle and that he expected to be paid for delivering the marijuana for further distribution.  Carter’s sentencing hearing has yet to be scheduled.  He also faces a penalty of not less than five years and not more than 40 years in prison when he is sentenced.

Eric Harris, who has entered a not guilty plea to the charges against him, is scheduled for a change of plea hearing on March 7, 2014.  The charges against Eric Harris are merely accusations and he is presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Deming office of HSI with assistance from the New Mexico Department of Public Safety Motor Transportation Division, and is being prosecuted by Supervisory Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.

                                                                                                      
ALBUQUERQUE – Lonnie Ray Youngman, 45, pleaded guilty this afternoon in Las Cruces federal court to an indictment charging him with assault with a dangerous weapon and domestic assault by a habitual offender.  The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

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

In entering his guilty plea, Youngman admitted assaulting the victim on Jan. 5, 2012, by striking her with a wooden table leg.  He also admitted assaulting the victim on Jan. 6, 2012, by punching, kicking and biting her.  Youngman acknowledged that the victim sustained serious bodily injuries, including contusions on the face, scalp, neck and arm, a deviated septum, and bite marks, as a result of the assaults.  He further acknowledged committing both assaults within the Mescalero Apache Reservation.

Youngman 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, Youngman will be sentenced to 38 months in prison followed by a term of supervised release to be determined by the court.

This case was investigated by the Mescalero Agency of BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.  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 – Lester Nieto, 28, of Kewa Pueblo, was sentenced to 24 months in federal prison followed by five years of supervised release for his statutory rape conviction.  Nieto will be required to register as a sex offender after he completes his prison sentence.

Nieto was arrested on March 5, 2013, on an indictment charging him with engaging in a sexual act with a child between the age of 12 and 16 years on Jan. 1, 2012, in a location within Kewa Pueblo.  Nieto entered a guilty plea to the indictment on Sept. 13, 2013, and was remanded into custody pending his sentencing hearing.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.  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/.

ALBUQUERQUE – Lucas Michael Ray Toledo, 25, a resident and enrolled member of Jemez Pueblo, was sentenced this morning to 32 years in federal prison followed by five years of supervised release for his second degree murder conviction.  The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.

Toledo was arrested on Sept. 29, 2010, on a criminal complaint alleging that he murdered a 21-year-old man who was also a member of Jemez Pueblo.  Toledo subsequently was indicted on that same charge in Oct. 2010.  Proceedings in the case were delayed by competency proceedings.

According to court filings, Toledo murdered the victim in the early hours of Sept. 29, 2010, outside Toledo’s residence on Jemez Pueblo.  Toledo acknowledged murdering the victim sometime after 1:30 a.m. after the victim repeatedly disrupted Toledo as he was attempting to sleep by knocking on Toledo’s bedroom window.  In response to the victim’s disruptive behavior, Toledo went outside and attacked the victim, stabbing him repeatedly with a box-cutter razor and kitchen knife and beating him with a shovel.

On Sept. 11, 2013, Toledo pled guilty this morning to a felony information charging him with second degree murder.  In entering his guilty plea, Toledo admitted killing the victim by stabbing him with a knife and beating him with a shovel.

The case was investigated by the Albuquerque office of the FBI with assistance from the Jemez Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.

ALBUQUERQUE – Gordon Chavez, 36, a former probation officer with the New Mexico Corrections Department’s Division of Probation and Parole, was sentenced today to 18 months in federal prison followed by three years of supervised release on charges related to the sexual assault of a probationer whom he supervised.  Chavez previously pled guilty to one count of violating the victim’s right to bodily integrity when he touched her breasts against her will.  Chavez also pled guilty to one count of making material false statements to the FBI when he denied both touching the breasts of females whom he supervised and asking for naked photos of them.

“Every person who interacts with the criminal justice system should feel safe in law enforcement custody,” said Acting Assistant Attorney General Jocelyn Samuels for the Justice Department’s Civil Rights Division.  “The Department of Justice will vigorously prosecute all law enforcement officers who abuse their authority by committing sexual assaults.  We commend the victim for coming forward to report the defendant's criminal conduct.”

“Any time a law enforcement officer breaks the law it undermines the public’s trust in the legal system, and we will do everything we can to ensure that trust is not compromised,” said Acting U.S. Attorney Steven C. Yarbrough.  “I commend the victim in this case for having the courage to step forward and assert her right to be free of sexual abuse, and for trusting the Department of Justice to protect her.”

“An assault on one person's civil rights is an assault on everyone's civil rights,” said FBI Special Agent in Charge Carol K.O. Lee.  “When a law enforcement officer is the perpetrator, the crime is even worse.  The FBI hopes this sentencing sends a message to all public servants: We will vigorously investigate those who use their authority to violate another person's rights, and you could face a stiff prison term.”

According to court documents, Chavez engaged in escalating sexually inappropriate behavior toward the victim, a woman under his supervision since May 2012.   As part of her probation and parole, the victim was required to attend mandatory meetings at Chavez’s office.  During one of those meetings on Nov. 26, 2012, Chavez fondled the victim’s breast through and underneath her shirt without the victim’s consent.  Chavez was later captured on a recording apologizing for his actions.

During that same Nov. 26, 2012, meeting with victim, Chavez also instructed the victim to bring revealing photos of herself on her cellular phone to the next office visit scheduled for Nov. 30, 2012.  When the victim brought clothed photos of herself, Chavez specifically asked her to bring naked photos. That conversation was also captured on a recording.

On Dec. 4, 2012, FBI agents conducted a recorded interview of Chavez during which he denied touching the breasts of any female under his supervision.  He also denied asking any female under his supervision for naked photographs.

During his plea hearing on Sept. 3, 3013, Chavez acknowledged that his actions toward the victim were wrong and against the law.  Chavez further admitted that he lied to the FBI when he was interviewed about his conduct toward females whom he supervised.

This case was investigated by the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorney Mark T. Baker for the District of New Mexico and Trial Attorney Fara Gold of the Civil Rights Division of the U.S. Department of Justice.

ALBUQUERQUE – Juan Carlos Hernandez, 44, of El Paso, Texas, made his initial appearance in Las Cruces federal court on a criminal complaint charging him with online enticement of a minor to engage in illicit sexual activity and interstate travel to meet a minor with the intent to engage in illicit sexual activity.  Hernandez remains in custody pending a preliminary hearing and detention hearing, which have yet to be scheduled.

Hernandez was arrested on Feb. 28, 2014, by Homeland Security Investigations (HSI) on a criminal complaint alleging that he engaged in the online solicitation of a child under the age of 16 years between Sept. 2012 and June 2013.  The criminal complaint also alleges that Hernandez traveled from El Paso to Anthony, N.M., in June 2013, with the intention of having illicit sexual contact with a child under the age of 16 years.

According to the criminal complaint, Hernandez met the child victim on an Internet social networking website in Sept. 2012, and the two began communicating regularly through text messaging on cellphones in May 2013.  Hernandez was arrested on state charges in the early hours of June 22, 2013, after Deputies of the Doña Ana County Sheriff’s Office found him with the child victim at a park in Anthony, N.M. 

In July 2013, HSI obtained federal search warrants for the cellphones seized from Hernandez and the child victim on June 22, 2013.  Information obtained through the search warrants revealed that Hernandez allegedly engaged in sexually explicit communication with the child victim.  It also allegedly revealed that Hernandez was aware that the child victim was under the age of 16 years and that prior to meeting the child victim, Hernandez told her that he was 17, 18 and 22 years old at various times.
           
If convicted on the online solicitation charge, Hernandez faces a mandatory minimum of ten years to life in prison.  If convicted on the interstate travel charge, Hernandez faces a maximum penalty of 30 years in prison.  The charges in the complaint are merely accusations and Hernandez is presumed innocent unless found guilty beyond a reasonable doubt.

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

The case also was brought as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 74 federal, state and local law enforcement agencies associated with the 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 – Mark Patrick Eddy, 45, an enrolled member of the Navajo Nation who resides in Chi-Chi-Tah, N.M., pleaded guilty this morning to a felony information charging him with assault resulting in serious bodily injury, announced Acting U.S. Attorney Steven C. Yarbrough and Director John Billison of the Navajo Nation Division of Public Safety.

Eddy was arrested on Jan. 14, 2014, on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury.  According to the indictment, Eddy assaulted his girlfriend, a Navajo woman, on June 21, 2013, at a residence located on the Navajo Indian Reservation.  According to the criminal complaint, Eddy kicked the victim in the head with his cowboy boots causing a laceration to the right temple of the victim’s head that required medical attention.
        
Today, Eddy admitted assaulting the victim, his intimate partner, by throwing her to the ground and kicking her in the head causing a laceration that required medical attention. 

Eddy 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, Eddy will be sentenced to a year and a day in federal prison followed by a term of supervised release to be determined by the court.

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

ALBUQUERQUE – Shannon D. Concho, 35, a member of Zuni Pueblo, pleaded guilty this morning to brandishing a firearm during a crime of violence, announced Acting U.S. Attorney Steven C. Yarbrough and Chief Timothy Trimble of the Zuni Pueblo Tribal Police Department. 

Concho was arrested in Oct. 2012, on an indictment charging him with three counts of assault with a dangerous weapon (a shotgun), being a felon in possession of a firearm, and brandishing a firearm during a crime of violence.   According to the indictment, Concho committed all five offenses on Oct. 2, 2011, within Zuni Pueblo.  At the time, Concho was prohibited from possessing firearms or ammunition because he previously had been convicted of two felonies, involuntary manslaughter and aggravated assault.

Today, Concho pleaded guilty to Count 5 of the indictment charging him with brandishing a firearm during a crime of violence.  In his plea agreement, Concho admitted that on Oct. 2, 2011, he brandished a 12 gauge shotgun during and in furtherance of a crime of violence.   Concho admitted assaulting two men by pointing the shotgun at one man’s head and pushing the muzzle of the shotgun into the second man.

Concho has been in federal custody since his arrest on Oct. 24, 2012, and remains detained pending his sentencing hearing, which has yet to be scheduled.  Under the terms of his plea agreement, Concho will be sentenced to seven years in federal prison followed by a term of supervised release to be determined by the court.

This case was investigated by the Zuni Pueblo Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

ALBUQUERQUE – Dennis George Cheresposy, 49, a member and resident of the Pueblo of Laguna, was sentenced this morning to 30 months in federal prison followed by three years of supervised release for his conviction on two assault charges.  The court deferred ruling until a later time the amount of restitution Cheresposy will be required to pay to cover the costs of medical treatment for the victims.

The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Cheresposy was arrested on Jan. 18, 2013, on a two-count indictment charging him with assault with a dangerous weapon, and assault resulting in serious bodily injury.  According to the indictment, Cheresposy used his fists and boots to assault a man on Oct. 20, 2011, and caused the victim to suffer serious injuries.

On July 30, 2013, Cheresposy pled guilty to Count 2 of the indictment, charging him with assault resulting in serious bodily injury, and a felony information charging him with using his hands and feet to assault a second man on May 3, 2012.  During his plea hearing, Cheresposy admitted that on Oct. 20, 2011, he kicked and punched a Laguna Pueblo man, who suffered multiple rib fractures as a result of the assault.  He also admitted that on May 3, 2012, he kicked and punched another Laguna Pueblo man who suffered a fractured eye orbit and bulging disc as a result of the assault.  Both assaults occurred within the Pueblo of Laguna.

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

ALBUQUERQUE – Leonard Bridge, II, 43, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with 20 counts of embezzlement of assets from a labor organization.  Bridge entered a not guilty plea and was placed on conditions of release pending trial, which has yet to be scheduled.

The indictment alleges 20 separate occasions of embezzlement between April 2009 and Aug. 2011 by Bridge of money belonging to the International Union of Elevator Constructors, Local 131.  According to the indictment, Bridge perpetrated his embezzlement scheme by writing checks on the Union’s bank account, making case withdrawals with a debit card, and making cash withdrawals from the bank account.  Bridge was employed as the business manager of the Union from Jan. 2009 through Nov. 2011.

If convicted, Bridge faces a maximum penalty of five years in prison and a $10,000 fine on each of the 20 counts in the indictment.

This case was investigated by the Office of Labor-Management Standards of the U.S. Department of Labor and is being prosecuted by Assistant U.S. Attorney C. Paige Messec.

ALBUQUERQUE – A federal jury returned a verdict today finding Raymundo Silva, 35, guilty of a conspiracy charge and five bank fraud charges after a four-day trial.  The jury acquitted Silva on two other bank fraud charges.  The verdict was announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of HSI in El Paso, and Chief Roy E. Melnick of the Los Lunas Police Department.

In announcing the jury’s verdict, Acting U.S. Attorney Steven C. Yarbrough commended HSI and the Los Lunas Police Department for their outstanding investigative work on a case that affected numerous citizens victimized as a result of the scheme perpetuated by Silva and his two co-defendants.  Mr. Yarbrough also expressed his appreciation to the prosecutors who successfully prosecuted all three members of the bank fraud scheme.

"HSI is committed to use its ample and unique investigative authority to uncover this type of fraudulent activity,” said Dennis A. Ulrich, Special Agent in Charge of HSI El Paso. “Bank fraud victimizes innocent people, and part of the HSI mission is to prevent financial crimes and protect the privacy and identity of our citizens.”

Chief Roy E. Melnick of the Los Lunas Police Department said, “The Los Lunas Police Department is grateful to the U.S. Attorney’s Office and the Albuquerque office of HSI for being such strong partners with our Department in working together to bring about justice in this major bank fraud scheme.  I also have praise for the Los Lunas Police officers and detectives who initiated this case, followed up this investigation thoroughly, gathering critical evidence and working very closely with Homeland Security Investigations agents to bring about a successful conclusion to this case.  In addition, I have praise for the U.S. Attorney’s Office for bringing about a successful prosecution of this case.  This criminal case demonstrates when local and federal law enforcement agencies work closely together, we can make a difference.”

Silva, and co-defendants Patricia Diaz, 35, of Los Lunas, N.M., and Christina Knight, 29, of Albuquerque, were indicted in Aug. 2013, on conspiracy, bank fraud and aggravated identity theft charges.  The trio subsequently was charged in a 31-count superseding indictment alleging conspiracy to commit bank fraud; 24 counts of bank fraud, including eight counts against Silva (including one count that was dismissed by the United States before trial), three counts against Diaz, and 13 counts against Knight; and six counts of aggravated identity theft against Knight.  The superseding indictment generally charged Silva, Diaz and Knight with engaging in a scheme to commit bank fraud between Dec. 2011 and April 2013. 

On Oct. 28, 2013, Diaz entered a guilty plea to the bank fraud conspiracy and three substantive bank fraud charges, and on Feb. 20, 2014, Knight entered guilty pleas to the bank fraud conspiracy, 13 substantive bank fraud charges, and one count of aggravated identity theft.  Silva proceeded to trial on the bank fraud conspiracy and seven substantive bank fraud charges against him.

Trial commenced on Feb. 24, 2014, and concluded this afternoon when the jury returned a verdict of guilty on the conspiracy count and five of the seven bank fraud counts in the superseding indictment against Silva, and not guilty on two bank fraud counts.  The trial evidence established that Silva, Diaz and Knight perpetuated a bank fraud scheme by stealing checks from residential mailboxes, altering the names of payees and the amounts on the checks, and cashing the checks using either their own identities or, in the case of Knight, the identities of others. 

In Dec. 2011, a Los Lunas police officer investigating a check washing and identity theft ring targeted a sedan seen leaving a Los Lunas bank following a failed attempt to cash a fraudulent check.  In Feb. 2012, after surveillance established that the sedan frequently visited a residence in Belen, Los Lunas police officers executed a search warrant at the residence and seized chemicals and other products commonly used to wash and alter checks, several driver’s licenses, college IDs and Social Security cards, bank receipts and other evidence.

Investigation by HSI and the Los Lunas Police Department identified Silva, Diaz and Knight as the members of the bank fraud scheme in late 2012, following the theft of five checks from the mailbox of a Los Lunas residence.  Silva cashed one of the checks on Dec. 26, 2012, and between Dec. 20, 2012 and Jan. 4, 2013, Knight cashed three of the checks by using the identification of another person.  Each of these four checks had been altered by changing the name of the payee and amount.  Laboratory analysis by HSI revealed that the chemicals seized from Silva’s residence were used to wash the checks.

Silva has been in federal custody since his arrest in Aug. 2013.  He remains detained pending his sentencing hearing, which has yet to be scheduled.  Silva faces a maximum penalty of five years in prison on the conspiracy charge and 13 years in prison on each of the eight bank fraud charges.

Diaz and Knight also are in custody pending their sentencing hearings.  Each faces a maximum of five years in prison on the conspiracy charge and 13 years on each of their bank fraud charges.  Knight also faces a two-year prison sentence which must be served consecutively to any prison sentence imposed on the conspiracy and bank fraud charges to which she pleaded guilty.

This case was investigated by HSI Albuquerque and the Los Lunas Police Department and is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Paul Mysliwiec.

ALBUQUERQUE – Prescott Apachito, 25, an enrolled member of the Navajo Nation who resides in Alamo, N.M., was sentenced this morning to 24 months in federal prison followed by two years of supervised release for his assault conviction.

Apachito was arrested on Feb. 11, 2013, based on a criminal complaint charging him with assault with a dangerous weapon with intent to do bodily harm.  Apachito subsequently was indicted and charged with two counts of assault with a dangerous weapon.  According to the indictment, Apachito committed the offense on Nov. 29, 2012, in Socorro County, N.M., on the Navajo Indian Reservation.

On July 25, 2013, Apachito entered a guilty plea to Count 2 of the indictment charging him with assault with a dangerous weapon.  Apachito admitted that in the early morning hours of Nov. 29, 2012, during an argument with several others, he pulled a utility knife out of his pocket and cut a female victim by slicing her neck.  He further admitted stabbing a male victim in the stomach when the victim attempted to restrain him.  In his plea agreement, Apachito admitted committing this criminal conduct on the Navajo Indian Reservation.  

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

ALBUQUERQUE – Gabby G. Andrade, 36, a non-Indian from Albuquerque, N.M., pleaded guilty this morning to an indictment charging him with assaulting an Indian woman, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge DuWayne W. Honahni, Sr., of District IV of BIA’s Office of Justice Services, and Chief Kevin Mariano of the Isleta Pueblo Tribal Police Department.

Andrade was arrested in Sept. 2013, on an indictment charging him with assault resulting in serious bodily injury.  According to the indictment, Andrade assaulted an Indian woman on July 19, 2010, in a location within Isleta Pueblo. 
        
Today, Andrade pleaded guilty to the indictment and admitted assaulting the victim, his intimate partner, by striking her in the head, face and body numerous times with a closed fist.  He further admitted that the victim suffered a bilateral nasal bone fracture, a displaced nasal septum fracture, and a left occipital bone fracture.  Andrade also acknowledged that he is not an Indian and the victim is a member of Isleta Pueblo

Andrade 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, Andrade will be sentenced to 22 months in federal prison followed by a term of supervised release to be determined by the court.

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

ALBUQUERQUE – Twenty-eight individuals residing in San Juan County, N.M., and a woman from Meza, Ariz., are facing drug trafficking charges as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico.  The investigation culminated today when 25 of the defendants were arrested during an early morning law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force.  Another two of the defendants were arrested during the course of the investigation.  The remaining two defendants, who have yet to be arrested, are considered fugitives.

The results of the investigation were announced by Acting U.S. Attorney Steven C. Yarbrough, 11th Judicial District Attorney Robert P. “Rick” Tedrow, Special Agent in Charge Dennis A. Ulrich, II, of HSI in El Paso, Bloomfield Police Chief Michael Kovacs, San Juan County Sheriff Ken Christesen, Acting Farmington Police Chief Vincent Mitchell, Aztec Police Chief Michael Heal, and Lt. Neil Haws, Director of the HIDTA Region II Narcotics Task Force.

The charges against the 29 defendants are the result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization allegedly led by Isaac Anaya that distributed quantities of methamphetamine throughout San Juan County and then expanded to include other drug trafficking activity in the area.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

In announcing the results of the investigation, Acting U.S. Attorney Steven C. Yarbrough said, “This investigation illustrates once again the success enjoyed by our partnership of federal, state and local law enforcement agencies in taking down drug trafficking organizations, whether they operate in large metropolitan areas or small, rural communities.  Today, HSI and our state and local partners made a significant impact on drug traffickers operating in rural communities in San Juan County.”

Eleventh Judicial District Attorney Robert P. “Rick” Tedrow added, “Today’s successful arrests and confiscation of drugs and firearms was a skillful collaboration of many dedicated law enforcement officers (local, state and federal) whose tireless efforts over that past 13 months have assisted our community in its desire to have safer streets.”

Thirteen of the defendants, including Isaac Anaya, 30, of Farmington, N.M., charged as a result of the investigation are facing federal charges in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013.  The remaining 16 defendants are facing state drug trafficking and firearms charges based on criminal complaints.

During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms.  Today’s law enforcement operation included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington business and a storage unit in Bloomfield.  It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence.  Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine  during the execution of the search warrants and today’s law enforcement operation. 

“HSI continues to work vigilantly with our law enforcement partners to disrupt and dismantle drug trafficking networks that smuggle and traffic vile drugs, such as methamphetamine,” said Dennis A. Ulrich, II, Special Agent in Charge of HSI El Paso. “Methamphetamine destroys lives and devastates communities, and HSI special agents are committed to prevent drugs from coming across our border and poisoning our neighborhoods.”

“Today’s efforts are good for all of San Juan County and the citizens of Bloomfield,” said Bloomfield Police Chief Michael Kovacs.  “The partnership between locals and federal agencies will impact the quality of life of our community in a positive sense.”

San Juan County Sheriff Ken Christesen added, “I am proud of the efforts of the Region II agents and HSI agents who put this case together.  This partnership from state, local and federal agencies is an example of what can be accomplished when we work together to make our communities safer.”

“Today’s events are the product of the diligent efforts of a vast group of people committed to the safety of our communities, county, and our nation,” said Acting Farmington Police Chief Vincent Mitchell.  “This coordination between multiple organizations and agencies increases the security, prosperity, and quality of life for our citizens.  The Farmington Police Department would like to thank the representatives from our local law enforcement agencies, Region II Narcotics, Homeland Security Investigations, and the U.S. Attorney’s Office.”

“This operation is important for the safety and well-being of our Citizens.  It is essential that we eradicate this terrible scourge of drugs and those who foster and get gain from it in our community.  The fight on drugs is real and we must win,” said Aztec Police Chief Michael Heal. “The men and women working the Region II Task Force and those working in conjunction with them have done a fantastic job putting this operation together and I am proud of their efforts and the success that was accomplished.”

“I want to thank all of the participating agencies who assisted in today’s operation. Specifically, HSI and the U.S. Attorney’s Office have shown a continuing commitment to our community,” said Lt. Neil Haws, Director of the HIDTA Region II Narcotics Task Force.  “I am very proud to have worked alongside the HSI and Region II Agents who worked this case for the past year.  This has been a very successful operation that will have a significant impact on our community.”

Today’s arrests are the result of an investigation by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department.  Assistant U.S. Attorneys Reeve L. Swainston and Shana B. Long are prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.  In addition to the investigating agencies, the following agencies participated in today’s law enforcement operation:  U.S. Marshals Service, U.S. Customs and Border Protection, New Mexico State Police, New Mexico Attorney General’s Office and HIDTA Region III Narcotics Task Force.

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

Defendants Charged in Federal Case

Count 1 of the 15-count indictment filed in United States v. Anaya, et al., 14-CR-455 WJ, charges the 13 federal defendants with a methamphetamine trafficking conspiracy.  Counts 2 and 3 each charge a defendant with distribution of methamphetamine.   Counts 4 through 6 each charges certain defendants with possession of methamphetamine with intent to distribute.  The maximum penalty on conviction on each of these six counts is a maximum of 20 years in prison and a $1,000,000 fine.  Counts 7 through 15 each charges certain defendants with using a telephone to facilitate a drug trafficking offense and carries a maximum of four years in prison and a $250,000 fine on conviction.  

The following individuals, who are in custody, are charged in the federal case:   

• Isaac Anaya, 30, of Farmington, N.M., charged in Counts 1, 2, 3, 7, 8, 9, 11, 12, 13 and 15 of the indictment.

• Julia Oros, also known as Julia Gonzalez, 30, of Mesa, Ariz., charged in Counts 1, 7 and 10 of the indictment.

• Curtis Murray, Sr., 50, of Farmington, N.M., charged in Counts 1 and 8 of the indictment.

• Brandon Smith, 28, of Farmington, N.M., charged in Counts 1, 6, and 13 of the indictment.

• Bobby Hampton, 29, of Bloomfield, N.M., charged in Counts 1 and 9 of the indictment.

• Pedro Lucero, 37, of Farmington, N.M., charged in Counts 1, 5 and 10 of the indictment.

• Yvonne Anaya, 38, of Bloomfield, N.M., charged in Counts 1 and 15 of the indictment. 

• Robert Valdez, 50, of Bloomfield, N.M., charged in Counts 1 and 14 of the indictment.

• Richard Archuleta, 32, of Bloomfield, N.M., charged in Counts 1 and 14 of the indictment. 

• Ernesto Felix, 51, of [residence], N.M., charged in Counts 1 and 4 of the indictment.  Felix is in state custody on a related drug trafficking charge and will be transferred to federal custody.

• Wesley Contreras, 19, of Farmington, N.M., charged in Counts 1 and 4 of the indictment.  Contreras is in state custody on a related drug trafficking charge and will be transferred to federal custody.

Two federal defendants, Fay Gordon, 29, of Farmington, N.M., who is charged in Counts 1 and 11 of the indictment, and Casey LaMotte, 28, of Flora Vista, N.M., who is charged in Counts 1 and 12 of the indictment, have yet to be arrested and are considered fugitives.

Defendants Charged in State Cases

The following defendants, who have been arrested, are charged in criminal complaints filed in the 11th Judicial District Court for the State of New Mexico:

• Larry Abeyta, 25, of Farmington, N.M., arrested on a parole violation.

• Cimmaron Archuleta, 32, of Bloomfield, N.M., arrested on a trafficking by possession with intent to distribute charge.

• Patrick Archuleta, 34, of Farmington, N.M., arrested on trafficking of a controlled substance (methamphetamine) and felon in possession of a firearm charges.

• Leonard Barela, 33, of Bloomfield, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.

• Phermond Begay, 32, of Aztec, N.M., arrested on a distribution of marijuana charge.

• Rusty Betts, 32, of Farmington, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.

• Tiffany Bond, 33, of Farmington, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.

• Colby Crawford, 40, of Flora Vista, N.M., arrested on a trafficking of a controlled substance (heroin) charge.

• Derek Hellickson, 26, of Farmington, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.

• Anthony Jones, 34, of Farmington, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.

• Aaron Mobley, 35, of Aztec, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.

• Amy Oros, 24, of Farmington, N.M., arrested on a possession of controlled substance (methamphetamine) charge.

• Philippe Reyes, 35, of Farmington, N.M., arrested on a possession of controlled substance (methamphetamine) charge.

• Leon Serrano, 30, of Bloomfield, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.

• Hollis Turner, 22, of Aztec, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.

• Jobie Wells, 38, of Bloomfield, N.M., arrested on a trafficking of a controlled substance (methamphetamine) charge.

Charges in indictments and criminal complaints are only accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

LAS CRUCES – Sophia Monique Zayas, 32, pleaded guilty late this afternoon in Las Cruces federal court to a felony information charging her with child abuse resulting in great bodily injury, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent Carol K.O. Lee of the Albuquerque Division of the FBI, and Acting Special Agent in Charge Gregory Harper of the Air Force Office of Special Investigations. 

Sophia Zayas, 32, and her husband Peter John Zayas, 29, were arrested in April 2012 by the FBI and the Air Force Office of Special Investigations on charges that between Oct. 21, 2007 and Oct. 22, 2007, they caused the death of their two-month old infant daughter.  In Nov. 2012, a 16-count superseding indictment was filed charging Peter and Sophia Zayas with second degree murder, child abuse resulting in death, child abuse resulting in great bodily harm, and other child abuse-related offenses.  At the time of the offenses alleged in the superseding indictment, Peter Zayas was a sergeant with the U.S. Air Force and was stationed at Holloman Air Force Base.

During today’s proceedings, Sophia Zayas pleaded guilty to child abuse resulting in great bodily harm and admitted that from Aug. 16, 2007 through Oct. 22, 2007, she placed her daughter in a situation which endangered the infant’s life.  In her plea agreement, Sophia Zayas admitted that the infant suffered posterior transverse skull fractures, rib fractures, and radius and ulna fractures as a result of her conduct.  The baby died of her injuries on Oct. 22, 2007.

Peter Zayas pleaded guilty to negligent child abuse on Feb. 19, 2014.  In his plea agreement, Zayas admitted that from Aug. 16, 2007 through Oc. 22, 2007, he permitted his infant to be in a situation that endangered her life knowing that there was a foreseeable risk that she would be physically harmed or killed by leaving her in Sophia Zayas’ care knowing that Sophia had a history of alcohol abuse.  Peter Zayas acknowledged that the infant died on Oct. 22, 2007, as a result of his negligence because it was foreseeable to him that leaving the infant in Sophia Zayas’ care could lead to harm given Sophia’s alcohol consumption and binge drinking during the Oct. 14, 2007 through Oct. 22, 2007. 

Sophia and Peter Zayas have been in federal custody since their arrests and the two remain detained pending their sentencing hearings.  At sentencing, each faces a penalty of 18 years in prison. 

In announcing the guilty pleas, Acting U.S. Attorney Steven C. Yarbrough said, “The circumstances leading to this case are tragic.  In Oct. 2007, a two-month old baby died as a result of physical abuse and neglect.  Last week, Peter John Zayas admitted his negligence contributed to the baby’s death at the hands of his wife and the baby’s mother.  Today, Sophia Monique Zayas admitted causing great bodily harm to the baby.  I commend the investigators and prosecutors for ensuring that this baby’s death did not go unanswered.”

“One of the most difficult and challenging investigations for the FBI involves the death of a child, in this case a baby at the hands of those responsible for her care,” said FBI Special Agent Carol K.O. Lee.  “The professionalism and perseverance shown by the FBI Special Agents, the Air Force Office of Special Investigations, and the U.S. Attorney's Office in this case which resulted in two guilty verdicts to include the one today should be commended.”

This case was investigated by the FBI and the Air Force Office of Special Investigations and is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Robert G. Wells, 63, of Albuquerque, N.M., pleaded guilty this morning to embezzlement and theft from an Indian tribal organization, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division and Chief Kendall Vicenti of the Jicarilla Apache Tribal Police Department.

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

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

Wells remains on conditions of release pending his sentencing hearing, which has yet to be scheduled.  Under the terms of his plea agreement, Wells will be sentenced to a term of probation.  Wells also will be required to pay $214,594.13 in restitution to the Jicarilla Apache Nation.

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

ALBUQUERQUE – Michael Vernon Rupert, 42, of Alton, Utah, pleaded guilty this morning in Las Cruces federal court to an indictment charging him with three counts of solicitation and use of gifts.  Rupert entered his guilty plea without the benefit of a plea agreement.

Rupert, a former U.S. Army sergeant, was arrested on a criminal complaint in Utah on Oct. 11, 2013, and was transferred to Las Cruces federal court to answer the charges on Nov. 12, 2013.  On Jan. 15, 2014, Rupert was indicted on three counts of unlawful solicitation and use of gifts.  According to the indictment, in July 2012, Rupert solicited gifts and property from three companies by falsely claiming that they were for use by the U.S. Army.  At the time of the offenses charged in the indictment, Rupert was residing in Hondo, N.M.

According to the criminal complaint, Homeland Securities Investigations (HSI) initiated an investigation into Rupert in Nov. 2012, after receiving information that Rupert was soliciting military and law enforcement type clothing and shooting gear from manufacturers by falsely claiming to be a U.S. Army Command Sergeant Major stationed at White Sands Missile Base.  During the solicitations, Rupert claimed the goods would be used for testing and evaluation by the U.S. Army and implied that the Army would purchase large quantities of the manufacturers’ products depending on testing and evaluation, and his recommendation.  HSI’s investigation revealed that Rupert solicited merchandise valued at approximately $35,000 from 37 manufacturers and distributors between July 2012 and May 2013.  Although Rupert relocated from Hondo, N.M., to Alton, Utah, in Oct. 2012, he unlawfully solicited approximately $32,000 of merchandise before moving to Utah.

The criminal complaint alleges that Rupert continued his unlawful solicitation scheme when he moved to Utah, and that an investigation by Utah state authorities led to the discovery of three more manufacturers and distributors from whom Rupert unlawfully solicited merchandise.  In Oct. 2013, Utah authorities searched a trailer Rupert was towing as he was in the process of moving to Missouri and found merchandise sent to him by a number of the manufacturers who had responded to Rupert’s solicitations.

Rupert remains on conditions of release pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Rupert faces a maximum penalty of five years in prison on each of the three counts to which he pleaded guilty.

This case was investigated by the Las Cruces office of HSI with assistance from the Kane County (Utah) Sheriff’s Department, and is being prosecuted by Special Assistant U.S. Attorney Michael S. Pleters of the U.S. Attorney’s Las Cruces Branch Office.