District of New Mexico

ALBUQUERQUE – Evelyne James, 53, an enrolled member of the Navajo Nation from Spencer Valley, N.M., was sentenced earlier today to 25 years in federal prison followed by three years of supervised release for her voluntary manslaughter conviction.  James also was ordered to pay approximately $3000.00 in restitution.   James’ sentencing was announced by U.S. Attorney Kenneth J. Gonzales, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and John Billison, Director of the Navajo Nation Division of Public Safety.

James has been in federal custody since her arrest in Oct. 2007, on a criminal complaint charging her with murder.  She subsequently was indicted on a first degree murder charge in a superseding indictment filed in Oct. 2008.   In May 2012, James pleaded guilty to a felony information charging her with voluntary manslaughter and admitted killing a 4-year-old boy in Oct. 2007.  At the time, James and her common law husband were acting as guardians of the child victim, who was James' nephew.  The prosecution of the case was delayed by mental competency proceedings. 

According to court filings, the FBI and Navajo Nation Division of Public Safety initiated an investigation into this case on Oct. 10, 2007, after receiving a report that the body of a young boy had been found.  The boy’s body had been placed in an ice chest that was wrapped in a plastic bag and hidden in a structure located next to James' residence in Spencer Valley, which is located within the Navajo Indian Reservation.  The investigation revealed that James killed the child victim on or about Oct. 4, 2007, by repeatedly kicking and hitting the child victim.  The next morning, when James observed that the child victim was cold and not moving, she put his body in the ice chest and hid the ice chest in the structure.  James then told family members that the child victim was with his aunt. 

During a consensual search of James’ residence, officers found four letters in which James admitted that she had been abusing the child victim and “over did it,” and then tried to cover up his death because she did not want to go to prison.  James later explained to the officers that she acted out of frustration because the child was not potty trained.  An autopsy revealed that, among other injuries, the child victim had multiple lacerations to the scalp with underlying new and old skull fractures, new and old rib fractures, and an old hematoma.

Under the terms of the plea agreement, the first degree murder charge was dismissed after sentence was imposed on James.                                                                     

            The case was investigated by the Farmington office of the FBI and Crownpoint Division of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.

ALBUQUERQUE – Jerome Dominic Concha, 20, a member and resident of Jemez Pueblo, pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.

Concha was arrested on Jan. 10, 2013, on a criminal complaint charging him with assault with a dangerous weapon.  In Feb. 2013, Concha was indicted and charged with assault resulting in serious bodily injury.  According to court records, on Jan. 1, 2013, Concha repeatedly struck another Jemez Pueblo man in the face and head with a hatchet in a residence on Jemez Pueblo.

During this morning’s proceedings, Concha pled guilty to the indictment and admitted assaulting the victim with a hatchet.  The victim sustained serious injuries, including a depressed skull fracture, a fracture to the jaw and upper palate, and the loss of multiple teeth, as a result of the assault. 

Concha has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Concha faces a maximum penalty of ten years in prison, a $250,000 fine and three years of supervised release.

The case was investigated by the Albuquerque office of the FBI, with assistance from the Jemez Pueblo Police Department, and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Christopher Heath, 29, of Socorro, N.M., was sentenced yesterday afternoon to 63 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.  Heath’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Chief George Van Winkle of the Socorro Police Department.

Heath was arrested in July 2012, on an indictment charging him with being a felon in possession of a firearm and ammunition.  The indictment alleged that Heath unlawfully possessed a firearm in Socorro County, N.M., on April 2, 2012.  According to the indictment, at that time, Heath was prohibited from possessing firearms and ammunition because he previously had been convicted of possession of a controlled substance and aggravated assault upon a peace officer in the Seventh Judicial District Court for the State of New Mexico. 

Court records reflect that Heath was arrested based on investigation conducted by officers of the Socorro Police Department when they executed a search warrant at his residence.  They also reveal that in addition to the two convictions identified in the indictment, Heath also has additional felony convictions for possession of a controlled substance and for being a felon in possession of a firearm.

In Dec. 2012, Heath pled guilty to the indictment and admitted possessing a 12 gauge shotgun and ammunition on April 2, 2012 in Socorro County.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Socorro Police Department, with assistance from the District Attorney’s Office for the Seventh Judicial District of the State of New Mexico.  It was prosecuted by Assistant U.S. Attorney Walsh.

ALBUQUERQUE – Carlos Chico-Salcedo, 40, and his wife Juana Marin-Sandoval, 45, both Mexican nationals illegally in the United States, were arrested yesterday by agents of Homeland Security Investigations (HSI) on criminal complaints charging them with selling fraudulent immigration documents. 

Chico-Salcedo and Marin-Sandoval made their initial appearances in federal court this morning and remain in custody pending preliminary and detention hearings scheduled for tomorrow morning.

According to the criminal complaints, in March 2013, Chico-Salcedo and Marin-Sandoval allegedly sold fraudulent documents to HSI agents who were acting in an undercover capacity.  The defendants allegedly sold a fraudulent Social Security Card and a fraudulent Permanent Resident Alien Card to the agents for $150.00.  The transaction allegedly occurred inside Albuquerque Soccer City, a business located in southwest Albuquerque owned by Chico-Salcedo and at which Marin-Sandoval was employed.

If they are convicted of the charges in the criminal complaints, Chico-Salcedo and Marin-Sandoval each face a maximum penalty of ten years in prison and deportation after completing their prison sentences.  Charges in criminal complaints are merely accusations.  All criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by HSI and is being prosecuted by Assistant U.S. Attorney Norman Cairns.

ALBUQUERQUE – Sandra Rivas, 36, of Los Lunas, N.M., was sentenced earlier today to 42 months in federal prison followed by three years of supervised release for her conviction on bank fraud and aggravated identity theft charges.  Rivas also was ordered to pay $14,022.47 to the victims of her criminal conduct.  Rivas’ sentencing was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Roy Melnick of the Los Lunas Police Department.

Rivas was indicted in May 2012, and charged with 11 counts of bank fraud, 28 counts of aggravated identity theft, 18 counts of wire fraud, and one count of access device fraud.  According to the indictment, between March 2011 and July 2011, Rivas engaged in a pattern of criminal conduct while employed as a receptionist by a Valencia County business.  In her capacity as the receptionist, Rivas was responsible for accepting payments to the business from clients in the form of cash, checks and credit cards.  Rivas was charged with abusing her position by altering the payee information on checks payable to her employer and depositing the altered checks into her personal bank account; using the names, addresses, telephone numbers and bank account numbers of her employer’s clients to commit criminal offenses; and making fraudulent online purchases by using the credit card information belonging to her employer’s clients.

In Nov. 2012, Rivas pleaded guilty to Counts 1, 12 and 40 of the indictment, charging her with a bank fraud charge and two aggravated identity fraud charges under a plea agreement with the U.S. Attorney’s Office.  In entering her guilty plea, Rivas admitted that, while employed as a receptionist, she altered 11 checks payable to her employer by adding her name as payee and depositing the checks in her own bank account.  Rivas also admitted using the names and credit card numbers of her employer and her employer’s clients at least 19 times to make fraudulent online purchases for her own benefit.

Rivas is required to surrender to a federal correctional institution to be designated by the U.S. Bureau of Prisons within 60 days to begin serving her prison sentence.  As required by the plea agreement, the remaining counts in the indictment were dismissed after Rivas was sentenced.

This case was investigated by the Albuquerque office of HSI and the Los Lunas Police Department and was prosecuted by Assistant U.S. Attorney Jeremy Pena.

ALBUQUERQUE – This afternoon, a federal jury sitting in Albuquerque, N.M., convicted Maria Leticia Gutierrez de Lopez, 62, and Jesus Cabral Ramirez, 44, for conspiring to transport illegal aliens after a three-day trial.  Cabral Ramirez also was convicted of transporting an illegal alien.  The jury’s verdict was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Chief Patrol Agent Scott A. Luck, El Paso Sector, U.S. Border Patrol.

In May 2012, Gutierrez de Lopez and Cabral Ramirez, both legal permanent residents from Mexico who reside in Albuquerque, were charged in a three-count indictment.  Count 1 of the indictment charged Gutierrez de Lopez and Cabral Ramirez with conspiring to transport illegal aliens in Nov. 2011, and Counts 2 and 3 each charged Cabral Ramirez with transporting an illegal alien.

Trial of the case began on April 16, 2013 and concluded this afternoon when the jury returned a guilty verdict as to both Gutierrez de Lopez and Cabral Ramirez on Count 1 of the indictment.  The jury also returned a guilty verdict against Cabral Ramirez on Count 2, but acquitted him on Count 3.

The evidence at trial established that, in fall 2011, the FBI obtained information about Cabral Ramirez’s alien smuggling activities.  The agents used the information to initiate a covert investigation into Cabral Ramirez during which they recorded telephone conversations relating to alien smuggling.  Through the recorded conversations of Cabral Ramirez and others, the FBI learned that Gutierrez de Lopez was facilitating and organizing the transportation of an alien from El Paso to Denver, Colo.  Cabral Ramirez knew Gutierrez de Lopez and agreed to transport the alien from Albuquerque to Denver.  Gutierrez de Lopez arranged to receive the payment for transporting the alien through wire transfer at an Albuquerque-area WalMart and the transaction was recorded by the store’s surveillance camera.  The investigation concluded on Nov. 22, 2011, when Gutierrez de Lopez met the person who transported the illegal alien from El Paso to Albuquerque at an Albuquerque-area restaurant and paid the transporter a $1200 fee.  Cabral Ramirez took custody of the illegal alien and started driving toward Denver where he anticipated receiving an additional payment of $600, but was stopped by a state police officer who arrested the illegal alien.

At sentencing, Gutierrez de Lopez and Cabral Ramirez each face a maximum penalty of ten years in prison.  They remain on conditions of release pending their sentencing hearings, which have yet to be scheduled.

The case was investigated by the Albuquerque office of the FBI and the U.S. Border Patrol with assistance from the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Norman Cairns and Special Assistant U.S. Attorney Raquel Ruiz-Velez.

Convicted of Stealing Firearms from Rio Rancho Armory in July 2012

ALBUQUERQUE – Christopher Rooks, 30, of Rio Rancho, N.M., was sentenced yesterday to 102 months in federal prison followed by three years of supervised release for violating the federal firearms laws. Rooks’ sentence was announced by U.S. Attorney Kenneth J. Gonzales, Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Chief Robert Boone of the Rio Rancho Police Department.

Rooks was arrest on Aug. 9, 2012, on a criminal complaint charging him with being a felon in possession of a firearm after ATF agents and officers of the Rio Rancho Police Department executed a search warrant at his residence and seized six firearms. At the time, Rooks was prohibited from possessing firearms or ammunition because he previously had been convicted of two felony offenses in California.

Rooks subsequently was indicted and charged with possession of stolen firearms, possession of an unregistered firearm (a silencer), stealing firearms from a federal firearms licensee, and being a felon in possession of firearms.

On Dec. 28, 2012, Rooks pleaded guilty to Counts 2 and 3 of the indictment, charging him with possession of an unregistered firearm and stealing firearms from a federal firearms licensee. In entering his guilty plea, Rooks admitted possessing an unregistered silencer on Aug. 9, 2012. Rooks also admitted that on July 25, 2012, he stole five firearms from a federal firearms licensee doing business as the Rio Rancho Armory.

This case was investigated by the Albuquerque office of the ATF and the Rio Rancho Police Department and was prosecuted by Assistant U.S. Attorney David M. Walsh.

ALBUQUERQUE – Richard Elizardo Luna, 52, of Albuquerque, N.M., was sentenced this afternoon to 15 years in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. Luna’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Luna was arrested in April 2012, on an indictment charging him with being a felon in possession of a firearm and ammunition. According to the indictment, Luna unlawfully possessed a firearm in Bernalillo County, N.M., on Oct. 2, 2011. The indictment stated that, at the time, Luna was prohibited from possessing firearms and ammunition because he previously had been convicted of residential burglary in the Second Judicial District Court for the State of New Mexico, and of residential burglary and larceny in the Fifth Judicial District Court for the State of New Mexico.

Court records reflect that Luna has other felony convictions beyond those identified in the indictment including convictions for conspiracy to possess heroin, commercial burglary, receiving stolen property, possession of a controlled substance. Luna also has 15 convictions for failure to appear and a driving while intoxicated conviction.

On Dec. 5, 2012, Luna pled guilty to the indictment. The sentence imposed on Luna today was enhanced under the Armed Career Criminal Act, which requires a mandatory minimum 15 year prison sentence for career criminals.

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

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the District Attorney’s Office for the Second Judicial District of the State of New Mexico. It was prosecuted by Assistant U.S. Attorney Norman Cairns.

ALBUQUERQUE – Nathan Madison Coleman, 19, an enrolled member of the Navajo Nation who resides in Naschitti, N.M., pleaded guilty this morning to discharging a firearm during and in relation to a crime of violence under a plea agreement with the U.S. Attorney’s Office. The offense to which Coleman entered his guilty plea requires that Coleman be sentenced to at least ten years in prison.

Coleman was arrested on Jan. 22, 2013 based on a five-count indictment charging him with assault resulting in serious bodily injury; assault with a dangerous weapon; using a firearm during and in relation to a crime of violence; and two counts of possession of a stolen firearm. According to the indictment, on March 12, 2012, Coleman assaulted a man by shooting him with a firearm and caused the victim serious bodily injury. It also alleges that Coleman stole two firearms on Feb. 28, 2012.

During this morning’s proceedings, Coleman pled guilty to Count 3 of the indictment, charging him with using and carrying a firearm in relation to a crime of violence. In entering his guilty plea, Coleman admitted shooting the victim, a 25-year-old Navajo man, in the parking lot of the Gallup Indian Medical Center at 8:00 p.m. on March 12, 2012. Coleman shot the victim because he believed that the victim was disrespectful of his family when they exchanged “words” in the lobby of the Gallup Indian Medical Center. Coleman also admitted using a stolen firearm to shoot the victim.

Coleman has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of the plea agreement, the remaining four counts of the indictment will be dismissed after Coleman is sentenced.

This case was investigated by the Gallup office of the FBI and the Gallup Police Department, and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Kevin James Fitzgerald, 19, of Tucson, Ariz., pleaded guilty this morning in Las Cruces federal court to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.

Fitzgerald and his co-defendant Lauren Christine Nunez, 20, also of Tucson, were arrested on the night of Jan. 19, 2013, and charged with methamphetamine trafficking offenses in a criminal complaint. According to the criminal complaint, Fitzgerald and Nunez were arrested after Border Patrol agents found 9.2 pounds of methamphetamine in a vehicle Nunez was driving and in which Fitzgerald was a passenger at the U.S. Border Patrol checkpoint on New Mexico Highway 26 near Truth or Consequences, N.M. The methamphetamine, which was contained in tin foil and cellophane-wrapped bundles, was discovered after a narcotics canine alerted to the vehicle, indicating that it contained controlled substances.

This morning, Fitzgerald pled guilty to a two-count felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. In his plea agreement, Fitzgerald admitted that, in Jan. 2013, Nunez and he agreed to transport methamphetamine from Arizona to Nebraska, where they intended to deliver the drugs to another person. Fitzgerald also admitted that the methamphetamine had been delivered to Nunez and him more than a week before they were arrested on Jan. 19, 2013, and acknowledged responsibility for the methamphetamine found in their vehicle that night.

Fitzgerald was remanded into the custody of the U.S. Marshals Service after he entered his guilty plea, and he will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Fitzgerald faces a mandatory minimum of ten years and a maximum of life in prison on each of the two offenses to which he pleaded guilty.

Nunez has entered a not guilty plea to the criminal complaint. Charges in criminal complaints are merely accusations and all criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Las Cruces office of the DEA and the Truth or Consequences Border Patrol Station of U.S. Customs and Border Protection, and is being prosecuted by Assistant U.S. Attorney Brock E Taylor of the U.S. Attorney’s Las Cruces Branch Office.

Plea Agreement Requires Fifteen Year Prison Sentence

ALBUQUERQUE – Alfonso Lezine, 40, of Albuquerque, N.M., pled guilty this morning to robbing four Albuquerque-area businesses and being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office. Under the terms of his plea agreement, Lezine will be sentenced to 15 years in prison followed by three years of supervised release.

Lezine was arrested on Aug. 21, 2012, on a six-count indictment charging him with four counts of violating the Hobbs Act by robbing businesses engaged in interstate commerce; one count of using a firearm during a crime of violence; and one count of being a felon in possession of a firearm. The indictment alleged that Lezine committed four commercial robberies in Albuquerque between Oct. 2011 and March 2012.

During this morning’s proceedings, Lezine plead guilty to Counts 1, 3, 4 and 5 of the indictment, each of which charged him with a Hobbs Act robbery, and Count 6, which charged him with unlawful possession of a firearm. In entering his guilty plea, Lezine admitted robbing the following Albuquerque businesses: (1) the Family Dollar, located at 2001 2nd Street NW, on Oct. 15, 2011; (2) the same Family Dollar on March 6, 2012; (3) the Allied Cash Advance, located at 3821 Menaul NE, on March 20, 2012; and (4) the Family Dollar, located at 9550 Sage Road SW, on March 14, 2012. Lezine also admitted that he unlawfully possessed a firearm on March 20, 2012. According to court records, Lezine was prohibited from possessing firearms and ammunition because he previously had been convicted of residential burglary and a Hobbs Act robbery and using a firearm in relation to a crime of violence in California.

Lezine was arrested on state charges on March 20, 2012, and remained in state custody until he was transferred to federal custody in connection with this case. Lezine will remain in federal custody pending his sentencing hearing, which has yet to be set.

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

The case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, with assistance from the District Attorney’s Office for the Second Judicial District of the State of New Mexico, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – Marcus Edward Michael Todd Moore, 34, of Santa Rosa, Calif., entered a guilty plea this morning to a felony information charging him with transporting an individual in interstate commerce to engage in prostitution. The guilty plea was entered under a plea agreement with the U.S. Attorney’s Office.

Moore was arrested in Santa Rosa, Calif., in July 2012, on a criminal complaint filed in Las Cruces federal court charging Moore with attempting to entice a minor to engage in prostitution. According to the criminal complaint, in June 2012, Moore met a woman who claimed to be 17 years of age on a social networking Internet site and began the process of grooming her to travel to California for the purpose of engaging in prostitution. Unbeknownst to Moore, the woman was working with the FBI.

In mid-July 2012, Moore had a series of telephone conservations with the woman, which were consensually recorded by the FBI. During those conversations, Moore discussed paying for the woman to travel to California to engage in prostitution; the amount of money and other benefits the woman would receive, including a new car, her own apartment, regular shopping sprees; and the prospect of “working” overseas. On July 17, 2012, Moore purchased a one-way bus ticket for the woman to travel from Las Cruces, N.M., to Oakland, Calif.

During this morning’s hearing, Moore admitted purchasing a bus ticket for an individual to travel from Las Cruces to Oakland for the purpose of engaging in prostitution.

Moore has been on conditions of release since his arrest in July 2012, and will continue to remain out on those conditions pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Moore faces up to 24 months in prison followed by at least three years of supervised release when he is sentenced. Moore will be required to register as a sex offender after he completes his prison sentence.

This case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Mick I.R. Gutierrez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Matthew Channon, 36, and his wife Brandi Channon, 33, both of Albuquerque, N.M., were arraigned in federal court this morning on an eleven-count indictment charging them with wire fraud. Both entered not guilty pleas and were released under pretrial supervision pending trial, which has yet to be scheduled.

The indictment alleges that the Channons engaged in unlawful schemes to defraud OfficeMax of more than $100,000.00 by creating numerous MaxPerk Rewards accounts in fictitious names, addresses and phone numbers in order to avoid OfficeMax’s policy of issuing only one account per person, and using the accounts to claim rewards from OfficeMax to which they were not entitled.

Counts 1 through 6 of the indictment, each of which charges Matthew Channon with wire fraud, allege that, between March 2010 and Sept. 2010, Matthew Channon perpetuated a scheme to defraud OfficeMax by creating more than 5,400 MaxPerk Rewards accounts; using OfficeMax receipts for purchases made by other customers to claim rewards that were issued to accounts he controlled; purchasing items at OfficeMax using the rewards; and reselling the items for cash. Matthew Channon allegedly falsely claimed almost 47,700 purchases for MaxPerk Rewards accounts that he controlled, generating more than $180,000.00 in rewards that were issued to those accounts.

Counts 7 through 10 of the indictment, each of which charges Matthew and Brandi Channon with wire fraud, allege that, between Sept. 2009 through June 2011, Matthew and Brandi Channon engaged in a scheme to defraud OfficeMax by using MaxPerk Rewards accounts to obtain rewards through the company’s ink and toner cartridge recycling program. The Channons allegedly created approximately 120 MaxPerk Rewards accounts; purchased thousands of used ink and toner cartridges at low cost; and presented approximately 24,935 of used ink and toner cartridges for recycling at OfficeMax, causing approximately $74,800.00 in rewards to be issued to MaxPerk Rewards accounts they controlled.

Count 11 of the indictment charges the Channons with conspiring to commit wire fraud in connection with the scheme charged in Counts 7 through 10. The indictment also includes forfeiture allegations which seek to forfeit property constituting or derived from the proceeds of the Channons’ illegal activities. It seeks a money judgment in the amount of $109,158.13, the money the Channons allegedly derived from their unlawful conduct.

A conviction on each of the eleven counts in the indictment carries a maximum penalty of 20 years in prison and a $250,000.00 fine. An indictment is merely an accusation. All criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney C. Paige Messec.

ALBUQUERQUE – Gary Raymond Ahidley, Jr., 27, a member and resident of the Mescalero Apache Nation, entered a guilty plea this morning to being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office.

Ahidley pled guilty to Count 1 of a superseding indictment charging him with unlawfully possessing a firearm in Nov. 2010, in Otero County, N.M. At the time, Ahidley was prohibited from possessing firearms or ammunition because he previously had been convicted on assault charges in federal court in Las Cruces, N.M., and ordered to serve a 41 month prison sentence in Feb. 2007.

In entering his guilty plea this morning, Ahidley admitted possessing a Luger 9 mm handgun in Nov. 2010. Court records reflect that Bureau of Indian Affairs (BIA) agents learned about the firearm in Dec. 2010 from a Mescalero woman who reported that Ahidley had assaulted her on Nov. 30, 2010. Based on information provided by the victim, the BIA agents were able to retrieve the weapon from a residence on the Mescalero Apache Reservation.

Ahidley has been in federal custody since his arrest in July 2012 and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Ahidley faces a maximum penalty of ten years in prison. Under the terms of the plea agreement, Count 2 of the superseding indictment, charging Ahidley with assault, will be dismissed after Ahidley is sentenced.

This case was investigated by the Mescalero Agency of the BIA Office of Justice Services and is being prosecuted by Assistant U.S. Attorneys Mick I.R. Gutierrez and Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Yolanda Boyle, 58, of Las Cruces, N.M., pled guilty this morning to a felony information charging her with bank robbery. Boyle entered her guilty plea without the benefit of any plea agreement in federal court in Las Cruces.

During today’s plea hearing, Boyle admitted robbing the First Convenience Bank located in the Pro’s Ranch Market on Wyatt Drive in Las Cruces on Jan. 24, 2013.

According to court records, Boyle was arrested on Jan. 25, 2013, after several witnesses identified her as the bank robber. On the day of the robbery, a witness identified Boyle as the bank robber after seeing a bank surveillance photograph that had been posted on the Internet. Bank employees who viewed the surveillance photograph also recognized the bank robber as Boyle, who previously had been a bank customer.

On Jan. 25, 2013, another witness told law enforcement authorities that he went to a casino with Boyle the night before and that Boyle was in possession of a large sum of money and gave him gambling money. When Boyle was arrested later that day, she was in possession of some money stolen from the bank. During a post arrest interview, Boyle admitted robbing the bank.

Boyle, who was released on bond following her arrest, was remanded into the custody of the U.S. Marshals Service after she entered her guilty plea and will remain detained pending her sentencing hearing, which has not been scheduled. At sentencing Boyle faces a maximum penalty of 20 years in prison.
The case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Carl Labadie, 60, a Colorado resident, was sentenced earlier today to four years in prison followed by ten years of supervised release for his child pornography conviction. Labadie also was ordered to pay $500.00 in restitution to each of the two victims whose images he possessed on his computers and computer-related media. Labadie will be required to register as a sex offender after he completes his prison sentence.

Labadie pled guilty on Jan. 11, 2013, to an indictment charging him with possessing child pornography in Santa Fe, N.M., on March 1, 2012. At the time he committed the offense, Labadie was a resident of Santa Fe, where he was self-employed as an acupuncture and massage therapist.

In his plea agreement, Labadie acknowledged that on March 1, 2012, agents of the New Mexico State Police (NMSP) and Homeland Security Investigations (HSI) executed a search warrant at his Santa Fe residence and seized computers and computer-related media. The search warrant was obtained based on a NMSP undercover investigation that began in Jan. 2012, which determined that an IP Address registered to Labadie was being used to access child pornography. While the agents were executing the search warrant at Labadie’s residence, Labadie voluntarily participated in an interview with NMSP and HSI agents during which he admitted using file-sharing programs to download child pornography for approximately four years.

Labadie also acknowledged that an examination of the images and videos on his computers and computer-related media by the National Center for Missing and Exploited Children revealed 5,350 images and 200 videos of 129 children who have been identified as child pornography victims and have been rescued.
Labadie has been in federal custody since entering his guilty plea.

This case was investigated by the NMSP, HSI and the New Mexico Regional Computer Forensic Lab, and was prosecuted by Assistant U.S. Attorney Charlyn E. Rees.

U.S. Attorney Kenneth J. Gonzales said that Labadie was charged as part of Operation Artemis, an investigative effort by federal, state and local law enforcement affiliates of the New Mexico Internet Crimes Against Children (ICAC) Task Force aimed at identifying individuals throughout New Mexico involved in the distribution, receipt, and possession of child pornography through peer-to-peer file sharing programs. In March 2012, federal, state and local law enforcement officers executed thirteen unrelated federal and state search warrants at residences throughout New Mexico, and seized computers and computer-related evidence related to child pornography offenses. To date, ten individuals have been arrested for violating federal and state child pornography laws based on the search warrants executed as part of Operation Artemis. The law enforcement agencies that participated in Operation Artemis include: HSI, NMSP, New Mexico Attorney General’s Office, FBI, Albuquerque Police Department, Los Lunas Police Department, Santa Fe Police Department, Rio Rancho Police Department, and the New Mexico Regional Computer Forensic Lab.

Operation Artemis 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/.

The Operation also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the 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 – Charlie Cohoe, 33, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., pleaded guilty to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.

Cohoe was arrested on Jan. 25, 2013, on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. According to the criminal complaint, on Jan. 18, 2013, Cohoe repeatedly stabbed another Navajo man who had agreed to drive Cohoe to a friend’s residence. The assault occurred in in Cibola County within the Ramah Indian Reservation.

During this morning’s proceedings, Cohoe pled guilty to a felony information, charging him with assault with a dangerous weapon. In entering his guilty plea, Cohoe admitted assaulting the victim with a knife, causing life-threatening injuries that required surgery.

Cohoe has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Cohoe faces a maximum penalty of ten years in prison, a $250,000 fine and three years of supervised release.

The case was investigated by the Ramah Navajo Police Department with assistance from the New Mexico State Police, the Grants Police Department and the Cibola County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Harold Pete, 29, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., pled guilty this morning to discharging a firearm during and in relation to a crime of violence under a plea agreement with the U.S. Attorney’s Office.

Pete was arrested on Jan. 1, 2013, and was charged in criminal complaint with assault with a dangerous weapon, use of a firearm in the commission of a crime of violence, and aggravated burglary. According to the criminal complaint, on Dec. 30, 2012, Pete used a shotgun to force his way into his estranged wife’s residence in Ojo Amarillo, which is in the Navajo Indian Reservation. Once inside the residence, Pete assaulted his wife and another Navajo woman by striking them with the shotgun.

During this morning’s proceedings, Pete entered a guilty plea to a criminal information charging him with the use and discharge of a firearm during and in relation to an assault with a dangerous weapon. In his plea agreement, Pete admitted discharging a firearm during an assault on Dec. 30, 2012. Pete admitted firing a shotgun at the door of his estranged wife’s residence and discharging the shotgun again after he was inside the residence. At the time, two women, including his estranged wife, and four minor children were in the residence.

Pete has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Pete faces a minimum term of ten years in prison followed by not more than five years of supervised release.

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 Special Assistant U.S. Attorney David M. Adams.

The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project which is sponsored by the Justice Department’s Office on Violence Against Women, and seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal onsultations 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 – Calvin Tenorio, Sr., 65, a member and resident of Kewa Pueblo, pleaded guilty earlier today to an indictment charging him with abusive sexual contact of minor less than 12 years of age. Tenorio entered his guilty plea without the benefit of any plea agreement.

Tenorio was arrested on Jan. 10, 2013, based on a criminal complaint charging him with abusive sexual contact with a minor and subsequently was indicted on that same charge. According to the indictment, Tenorio sexually assaulted a child who had not attained the age of 12 years on Nov. 28, 2012, by touching the child’s clothed genitals.

Court records reflect that a member of the child’s family reported the sexual assault to Kewa Pueblo officials on Nov. 28, 2012, and the Pueblo officials promptly referred the report to the Bureau of Indian Affairs (BIA), Office of Justice Services, Southern Pueblos Agency, for investigation. After preliminary investigation, the BIA arrested Tenorio on tribal charges and he remained in tribal custody until his arrest on this federal case, and referred the matter to the FBI for further investigation.

Today, Tenorio entered a guilty plea to the indictment and admitted sexually assaulting a child less than 12 years of age in a residence located in Kewa Pueblo. Tenorio remains in custody pending his sentencing hearing which has yet to be scheduled. Tenorio faces a maximum penalty of 20 years in prison followed by up to five years of supervised release. He also will be required to register as a sex offender.

This case was investigated by the Albuquerque and Santa Fe offices of the FBI and the Southern Pueblos Agency of the BIA, Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

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/.

ALBQUERQUE – Jerome Yazzie, 37, an enrolled member of the Navajo Nation who resides in Tohajiilee, N.M., was sentenced this morning to 480 months in prison followed by five years of supervised release for his convictions on aggravated burglary, robbery, kidnapping and firearms charges. Yazzie’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Carol K.O. Lee, Special Agent in Charge of the FBI’s Albuquerque Division, and John Billison, Director of the Navajo Nation Division of Public Safety.

Yazzie sentence was enhanced based on his status as a career criminal. According to court filings, Yazzie has thirteen prior adult convictions including two prior violent felonies in federal court and tribal convictions for offenses ranging from auto burglary to aggravated battery. Yazzie also was ordered to pay $422.20 in restitution to the victims of his crimes.

In announcing the sentence, U.S. Attorney Gonzales said, “The lengthy sentence imposed on Yazzie appropriately penalizes him for a long list of federal felonies committed in a single night and the terror he inflicted on his innocent victims. Yazzie has long been a menace to the community of Tohajiilee, and I commend the FBI and the Navajo Division of Public Safety for making Tohajiilee safer by making sure that Yazzie spends the next 40 years of his life in prison.”

A federal jury convicted Yazzie on Oct. 18, 2012, on a seven-count indictment charging him with two counts of aggravated burglary, one count of robbery, one count of kidnapping, two counts of using a firearm in relation to a crime of violence, and one count of being a felon in possession of a firearm. The evidence at trial established that, in the early hours of June 3, 2011, Yazzie forced two his teenagers to accompany him as he engaged in a crime spree that included burglarizing two residences in Tohajiilee at gunpoint, committing a robbery, kidnapping a young man, and discharging his firearm.

Yazzie, who was armed with a loaded shotgun, went to the first residence, which was occupied by a teenager and a young man, and kicked open the door. After bursting into the residence, he discharged his shotgun and ordered the two teenagers who accompanied him to restrain the teenager and the young man, while he burglarized the residence and robbed the teenager and young man of items in their possession.

Yazzie continued to the second residence, which was occupied by a couple and their infant. Knowing that the couple would not voluntarily let him into their home because he unsuccessfully had attempted to gain entry earlier that day, Yazzie attempted to trick the couple by having the young man from the first residence lure them into opening the door. Yazzie released the young man from his restraints, forced him to walk to the second residence at gunpoint, and demanded that he convince the couple to open the door. When the couple refused to open the door, Yazzie attempted unsuccessfully to force his way into the residence. Yazzie then walked the young man back to the first residence and, after restraining him again, Yazzie returned to the second residence. During Yazzie’s absence, the couple took their infant and fled from their home. Upon his return, Yazzie forced his way into the second residence and ransacked the place, stealing cash, an X-box, a computer and other electronics.

“It is the FBI’s priority to protect all the communities throughout the state of New Mexico. In this case, a part of the Navajo Nation is safer with the sentencing of Mr. Yazzie, who has been found responsible for a string of violent acts in the Tohajiilee community,” said FBI Special Agent in Charge Lee. “Today’s sentencing is a testament to the hard work of the FBI Special Agents who investigated this case, with the assistance of the Navajo Nation Division of Public Safety, specifically the uniform division in Tohajiilee, the Navajo Nation Prosecutor’s Office in Tohajiilee and the U.S. Attorney’s Office. The FBI and its law enforcement partners will continue to work together to ensure the safety and security of all New Mexico communities, to include the pueblos and reservations.”

“I am proud of the outstanding work that the tribal officers and criminal investigators of the Navajo Nation perform every day to safeguard the Navajo people,” said Director Billison. “Working with our partners at the FBI and the U.S. Attorney's Office better enables us to hold serious repeat offenders like Jerome Yazzie accountable, resulting in safer communities for the Navajo people."

The case was investigated by the Albuquerque Division of the FBI and the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorneys Mark T. Baker and Jack E. Burkhead.

ALBUQUERQUE – Gabriel Burke, 43, of Deming, N.M., entered a guilty plea this morning to a felony information charging him with accepting a bribe announced U.S. Attorney Kenneth J. Gonzales and Ervin J. Frankson, Special Agent in Charge of the ICE Office of Professional Responsibility, U.S. Department of Homeland Security.

The felony information to which Burke pleaded guilty charges Burke with corruptly accepting a bribe between Dec. 2011 and Feb. 2012 in Dona Ana County, N.M., for being persuaded to do an act in violation of his official duty. At the time, Burke was a U.S. Border Patrol Agent assigned to the Deming Border Patrol Station.

In entering his guilty plea, Burke admitted that, between Dec. 22, 2011 and Feb. 1, 2012, while he was employed as a Border Patrol Agent, he accepted $1,100 to smuggle an undocumented alien from Mexico into the United States.

Burke was released under pretrial supervision pending his sentencing hearing, which has yet to be scheduled. At sentencing, Burke faces a maximum penalty of 15 years in prison, a $250,000 fine and a mandatory term of supervised release not to exceed three years.

This case was investigated by the ICE Office of Professional Responsibility in El Paso, Texas, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Eric Thomas Valley, 42, pleaded guilty this morning to a domestic assault by a habitual offender charge under a plea agreement that requires him to serve a 40 month federal prison sentence. Valley’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Police Chief Vincent M. Mariano of the Acoma Tribal Police Department.

Valley, a member and resident of Acoma Pueblo, was arrested on Oct. 23, 2012, based on a criminal complaint alleging that he assaulted his domestic partner, also a member of Acoma Pueblo, by striking her in the head with a wooden rolling pin on Oct. 10, 2012. The victim sustained numerous injuries, including three lacerations to the head that had to be stapled closed, as a result of the assault.

This morning, Valley pled guilty to Count 1 of a three-count indictment charging him with domestic assault by a habitual offender; assault resulting in serious bodily injury; and assault with a dangerous weapon. In entering his guilty plea, Valley admitted assaulting his girlfriend on Oct. 10, 2012, on Acoma Pueblo. Valley also admitted that he previously has been convicted on domestic violence offenses on two occasions. Court records reflect that Valley has prior convictions for (1) battery on a household member in Magistrate’s Court in Cibola County, N.M., in June 2005, and (2) battery against a household member in Acoma Tribal Court in May 2009.

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

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Laguna/Acoma Agency, and the Acoma Tribal Police Department, and is being prosecuted by Special Assistant U.S. Attorney David Adams and Assistant U.S. Attorney Kyle T. Nayback.

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

ALBUQUERQUE – Joel Meeks, 19, and Raul Ortega, 20, both of Albuquerque, N.M., were arraigned this morning on an eight-count indictment alleging violations of the Hobbs Act by interfering with a business involved in interstate commerce by robbery, the federal carjacking statute and firearms laws. Both men entered not guilty pleas during this morning’s hearings and are detained pending trial, which has yet to be scheduled.

The indictment alleges that Meeks robbed two Albuquerque businesses in Dec. 2012, and used firearms to perpetrate the robberies. It further alleges that Meeks and Ortega carjacked two vehicles in Jan. 2013, and used firearms to perpetrate the two offenses.

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

A conviction on each of the two Hobbs Act counts carries a maximum penalty of twenty years of imprisonment and a $250,000 fine. A conviction on each of the two carjacking counts carries a maximum penalty of fifteen years in prison. The three counts alleging the use of a firearm in furtherance of a crime of violence each carry a mandatory seven-year term of imprisonment to be served consecutive to any sentence imposed on the underlying robbery or carjacking. A conviction on the count alleging the discharge of a firearm that was used and carried during a crime of violence carries a mandatory ten-year term of imprisonment to be served consecutive to any sentence imposed on the underlying robbery.

Meeks and Ortega were both in state custody on state charges arising out of the offenses charged in the federal indictment until they were transferred to federal custody for today’s arraignment hearings.

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

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

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

Plea Agreement Requires Forty Year Prison Sentence

ALBUQUERQUE – Reehahlio Carroll, 21, an enrolled member of the Navajo Nation from Navajo, N.M., pleaded guilty this morning to a second degree murder charge under an agreement that requires him to serve a 40 year federal prison sentence. Carroll’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and John Billison, Director of the Navajo Nation Division of Public Safety.

Carroll was arrested in Nov. 2009, based on federal charges arising out of the murder of Sister Marguerite Bartz of the Order of the Sisters of the Blessed Sacrament, which is part of the Diocese of Gallup, N.M. The murder occurred on Nov. 1, 2009, during the burglary of Sister Bartz’s home on the Saint Berard Mission which is located on the Navajo Indian Reservation. Proceedings in the case were delayed by protracted competency proceedings resulting in a judicial finding that Carroll was competent to stand trial.

In announcing today’s guilty plea, U.S. Attorney Gonzales said, “No one, especially one who had dedicated her life to the service of others, should have to endure the brutal and terrifying death that Sister Marguerite Bartz suffered at the hands of Reehahlio Carroll. Although Carroll’s guilty plea cannot atone for the loss of Sister Marguerite’s life, I hope that it can bring a measure of solace to her biological family and her spiritual family as well as the community she chose to serve.”

Sister Bartz’s body was discovered in a pool of blood in the bedroom of her ransacked home, a double-wide trailer located next to the church, on the evening of Nov. 1, 2009, by a nun who was concerned about Sister Bartz’s failure to show up for mass in the Diocese’s church in Sawmill, Ariz. Today, Carroll pled guilty to a felony information charging him with the second degree murder of Sister Bartz. During his plea hearing, Carroll admitted that he killed Sister Bartz at approximately midnight on Nov. 1, 2009, after he broke into a trailer home on the grounds of the Catholic Church in Navajo for the purpose of stealing cash or items that he could readily sell for cash.

According to court records, after Carroll broke a window to gain access to Sister Bartz’s trailer, he rummaged through drawers and cabinets searching for cash and items of value that he could sell for cash or trade for drugs or alcohol. Carroll found a flashlight in a room that he used for illumination as he continued searching for items to steal. When Carroll encountered Sister Bartz in one of the bedrooms and she attempted to defend herself by hitting him with a slipper, he brutally murdered her by beating her repeatedly with a flashlight and then, in an attempt to silence her, strangling her with a t-shirt. The pathologist who performed the autopsy concluded that the cause of death was multiple blunt force head trauma and ligature strangulation.

Carroll was arrested on tribal charges on Nov. 5, 2009, after law enforcement officers learned that he had been observed driving a car that was reported stolen from the Mission’s grounds. Following his arrest, Carroll provided a detailed confession in which he admitted murdering Sister Bartz while burglarizing her home. Carroll remained in tribal custody until he was arrested on federal charges on Nov. 10, 2009. Carroll remains detained pending his sentencing hearing, which has yet to be scheduled.

“The successful investigation and prosecution of this crime would not have been possible without the hard work and collaborative efforts of the Albuquerque FBI and our law enforcement partners,” said FBI Special Agent in Charge Lee. “Outstanding detective work by FBI Special Agents, the FBI's Evidence Response Team, Navajo Nation Tribal Authorities and the New Mexico State Police resulted in a solid case against the defendant. We hope this guilty plea brings some closure to the victim's family, which endured a great deal of personal grief as a result of this senseless crime. The FBI takes its role in protecting tribal communities seriously. We will continue to work closely with our tribal partners and the U.S. Attorney's Office to ensure the safety and security of the reservations and pueblos in New Mexico.”

“Sister Marguerite Bartz spent the last decade of her life serving the Navajo people, and her death was a tremendous loss to the community she loved and served as a teacher, companion, spiritual advisor and advocate,” said Director Billison of the Navajo Nation Division of Public Safety. “I commend the tribal officers and criminal investigators who worked with the FBI to investigate this heinous crime and who are dedicated to ensuring the safety and welfare of the Navajo people.”

This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, with assistance from the New Mexico State Police. Assistant U.S. Attorneys Presiliano A. Torrez and Paul H. Spiers are prosecuting the case.

ALBUQUERQUE – Steven Kasey Dupree, 30, of Deming, N.M., was sentenced this morning to 15 months in prison followed by three years of supervised release for his conviction for conspiracy to transport illegal aliens. Dupree’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Chief Patrol Agent Scott A. Luck, El Paso Sector, U.S. Border Patrol.

Dupree and co-conspirator Cynthia M. Espinoza, also of Deming, N.M., were arrested in Feb. 2012, on a criminal complaint charging them with conspiracy to transport illegal aliens. According to the complaint, in Feb. 2012, Dupree and Espinoza conspired with others to transport seven illegal aliens from Mexico to the United States. On Feb. 7, 2012, Border Patrol Agents went to Dupree’s residence in response to a call notifying authorities that illegal aliens were on the premises. On arrival, the Border Patrol Agents found three illegal aliens in the residence, including two who each reported paying an $1800 fee to be smuggled across the United States/Mexican border and transported to Albuquerque. The Agents also learned that
Dupree had departed earlier that day to transport four illegal aliens from his residence to Phoenix, Ariz. Dupree and Espinoza were arrested later that day in Deming.

Dupree entered a guilty plea in May 2012, to a felony information charging him with conspiracy to transport illegal aliens. In his plea agreement, Dupree admitted conspiring with Espinoza and others to transport seven illegal aliens in Feb. 2012 for financial gain.

Dupree has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Espinoza pled guilty in April 2012 to two counts of conspiring to transport illegal aliens and was sentenced to three years of probation in July 2012.

This case was investigated by the Counter Organized Alien Smuggling Task Force (COAST) of the U.S. Customs and Border Protection at the Deming Border Patrol Station with assistance from the Luna County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE –Daryl J. Hudson, III, 60, of Washington, D.C., was sentenced this afternoon to 70 months in federal prison followed by three years of supervised release. Hudson also was ordered to pay $1,875,000.00 in restitution to the victim of his crimes. Hudson’s sentencing was announced by U.S. Attorney Kenneth J. Gonzales and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.

Hudson, a graduate of Georgetown University Law Center who previously served as Senior Counsel in the Enforcement Division of the U.S. Securities and Exchange Commission, was indicted in May 2012, and charged with seven counts of wire fraud. At the time Hudson was the Chairman and CEO of Hampden Kent Group, LLC (HKG), a Washington, D.C. based company that advertised its ability to obtain debt funding for start-up businesses in the green energy sector.

In Sept. 2012, a federal jury found Hudson guilty of all seven counts in the indictment after a nine-day trial. By its verdict, the jury concluded that Hudson defrauded Bluenergy Solarwind, Inc. (BSI), a Santa Fe-based developer of green energy-related equipment, of $85,000.00 in 2011 by falsely representing that he could secure debt funding to help the company grow. The evidence at trial established that, between July 12, 2011 and Aug. 19, 2011, Hudson designed and executed a scheme to defraud BSI by falsely representing that he had ready access to reliable sources of debt funding for BSI.

According to the trial testimony, in early 2011, the president of BSI began seeking approximately $80 million in debt funding so that BSI could manufacture new solar wind turbines. In an effort to obtain this financing, he attended networking events designed to connect entrepreneurs with funding sources, and eventually was referred to Hudson as a person who could locate funding for BSI. By mid-July 2011, the BSI president contacted Hudson to discuss the prospect of engaging HKG to locate and place $80 million dollars in debt funding for BSI. On July 12, 2011, Hudson provided the BSI president with a draft service agreement setting forth the terms on which HKG could be hired to locate debt funding for BSI. The service agreement required BSI to pay a $300,000.00 retainer to HKG, with $150,000.00 to be paid up front and the balance to be paid upon receipt of a loan commitment from Hudson’s lender. Thereafter, on July 14, 2011, Hudson represented that, upon the signing of the service agreement, HKG would issue a loan commitment supported by treasuries that BSI could use to help obtain customer orders and equity funding.

In mid-July 2011, the BSI president and Hudson agreed to enter into the service agreement with the understanding that BSI would pay approximately $80,000.00 of the first part of the retainer payment by July 20, 2011 and pay the remaining $70,000.00 within 30 days. Thereafter, BSI wired a total of $85,000.00 to HKG’s bank account in partial payment of HKG’s retainer fee, and Hudson and the president of BSI executed the service agreement on July 21, 2011. On July 22, 2011, Hudson transmitted two documents to BSI; a document entitled DLoan CommitmentD and a document entitled DSafekeeping Receipt.D The Safekeeping Receipt was a false and fraudulent document provided to BSI by Hudson as part of his scheme to defraud BSI.

Over the next two weeks, and as part of his scheme to defraud, Hudson caused the relationship with BSI to deteriorate and the BSI president notified Hudson that BSI could no longer work with HKG. When the president of BSI requested the return of a portion of the retainer fee, Hudson refused. On Aug. 11, 2011, after confirming that the Safekeeping Receipt provided by Hudson was a false and fraudulent document, BSI demanded the return of full $85,000.00 retainer. Hudson did not respond to BSI’s allegations regarding the falsity of the Safekeeping Receipt and instead claimed that BSI violated the service agreement by misusing the Safekeeping Receipt and demanding damages in the amount of $965,000.00.
Between July 12, 2011 and Aug. 19, 2011, Hudson used wire communications, specifically three telephone calls, three E-mails and a facsimile, on seven separate occasions in order to execute the scheme to defraud BSI. Each of these wire communications served as the basis for the seven counts of wire fraud in the indictment.

This case was investigated by the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorneys John C. Anderson and Fred J. Federici, III.

ALBUQUERQUE – Lawrence Lucero, 65, of Tucumcari, N.M., was sentenced this morning to 78 months in prison followed by 15 years of supervised release for his federal child pornography conviction. Lucero’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and George Opfer, Inspector General for the Department of Veterans Affairs (VA).

Lucero was charged in July 2012 in a five-count indictment with three counts of receipt of a visual depiction of minors engaged in sexually explicit conduct and two counts of possession of matter containing visual depictions of minors engaged in sexually explicit conduct. The indictment charged Lucero with receiving and possessing child pornography between March 2012 and May 2012 in Rio Arriba and San Miguel Counties, N.M. During that time, Lucero was employed as a social worker by a company that provided healthcare staff at the Veterans Affairs Community-Based Outpatient Clinics in Las Vegas and Espanola, N.M., under a contract with the VA.

Lucero entered a guilty plea to the indictment in December 2012, without the benefit of a plea agreement. Lucero admitted that in March 2012, the VA began an investigation into concerns that computers on the VA network were being used to access child pornography. The investigation led to Lucero, who admitted to agents that he had accessed the sites and downloaded child pornography images.

Lucero has been in federal custody since his arrest in July 2012. After completing his prison sentence, Lucero will be required to register as a sex offender.

The case was investigated by the Office of Inspector General of the Department of Veterans Affairs and was prosecuted by Assistant U.S. Attorney Charlyn E. Rees as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Jervis Wilson, 20, an enrolled member of the Navajo Nation who resides in Cudi, N.M., was sentenced this morning to 37 months in prison followed by three years of supervised release for his involuntary manslaughter conviction.

In Nov. 2012, Wilson pled guilty to killing Herman Willeto, a 52-year-old Navajo man, while driving under the influence of alcohol on March 2, 2012, on U.S. Highway 64 outside of Shiprock, N.M., on the Navajo Indian Reservation.

According to court records, on March 2, 2012, Wilson drank alcohol and then drove a vehicle recklessly. As he attempted to pass other vehicles at a greater rate of speed than the flow of traffic, Wilson struck a Jeep, causing property damage but not injuring the Jeep’s two occupants. Wilson continued driving at a high rate of speed and side-swiped a Dodge sedan, causing moderate damage to the sedan and minor injuries to the driver. As Wilson continued to drive, his vehicle struck a Ford truck that was towing an excavator on a flatbed trailer. Mr. Willeto, the driver of the truck, was killed on impact. Wilson’s blood alcohol level was .23 when his blood was drawn within three hours of the collision.

This case was investigated by the FBI’s Safe Trails Task Force and the Shiprock Division of the Navajo Nation Department of Public Safety, and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Derek M. Schwartzrock, 34, a children’s minister in an Albuquerque-area church, was arrested yesterday on federal child pornography charges by Homeland Security Investigations (HSI) and the New Mexico State Police (NMSP). Schwartzrock is scheduled to make his initial appearance in federal court tomorrow morning on a criminal complaint alleging that Schwartzrock received and possessed visual depictions of minors engaged in sexually explicit conduct. He remains in federal custody pending a detention hearing which has yet to be scheduled.

According to the criminal complaint, the Albuquerque office of HSI began investigating Schwartzrock in mid-March 2013 after the Philadelphia office of HSI determined that an individual in Albuquerque was accessing a website containing sexually explicit images of children. Investigation subsequently revealed that Schwartzrock was the subscriber for the IP Address that allegedly was used to download sexually explicit images of children. Yesterday, HSI and the NMSP arrested Schwartzrock and executed a search warrant at his residence seizing a computer, computer-related media and other electronic devices. A preliminary examination of the electronic devices seized during the execution of the search warrant revealed over 12000 images that appeared to be consistent with child pornography.

If convicted of the offenses alleged in the criminal complaint, Schwartzrock faces a sentence of not less than five years or more than 40 years in prison. He would also be required to register as a sex offender.

The case was investigated by HSI, the NMSP and the New Mexico Regional Forensic Lab, and is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees. It 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/.

The Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 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.

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

Plea Agreement Requires Twenty Year Prison Sentence

ALBUQUERQUE – Lonnie Dean, 48, of Belen, N.M., pleaded guilty this morning to methamphetamine trafficking and assault on a federal officer charges under a plea agreement that requires him to serve a 20 year prison sentence. Dean’s guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Joseph M. Arabit of the El Paso Division of the DEA, and Chief Roy E. Melnick of the Los Lunas Police Department.

Dean was one of twelve individuals from Valencia and Socorro Counties charged with federal methamphetamine trafficking charges in May and June 2011, following a 16-month investigation led by the DEA and the Los Lunas Police Department. The investigation, codenamed “Vanilla Sky,” was pursued under the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide initiative that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated attack against major drug trafficking and money laundering organizations.

According to court filings, Dean was part of a large scale methamphetamine trafficking organization that operated in Valencia County, and allegedly was led by Arturo Acosta-Astorga, 53, and Ovidio Estrada, 39, both residents of Los Lunas, N.M. Between March 2010 and May 2011, Acosta-Astorga, Estrada and their co-conspirators allegedly conspired to sell ounce quantities of methamphetamine to undercover DEA agents on at least ten separate occasions. The defendants allegedly sold more than a pound of methamphetamine to the undercover DEA agents during a 14-month period.

During this morning’s proceedings, Dean pled guilty to conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, and assaulting a federal officer with a dangerous weapon. In entering his guilty plea, Dean admitted conspiring with others to distribute methamphetamine in Los Lunas and Belen, and assaulting a federal officer as he attempted to avoid arrest.

More specifically, Dean admitted that on May 26, 2011, he drove to a gas station in Belen for the purpose of selling methamphetamine to another person. As Dean was talking to his customer, DEA agents approached Dean and attempted to arrest him. One DEA agent, who had blocked Dean’s car from the front, exited his car and was moving on foot to a better tactical position with his gun and badge drawn, while another DEA agent parked his vehicle behind Dean’s car to block Dean in. Dean admitted that, instead of surrendering, he put his car into reverse and hit the DEA agent’s car causing it to go backward. Dean then put his car into drive and drove forward, missing the DEA agent only because the agent jumped to the side to avoid being struck. Less than a minute later, Dean drove into a road and entered an intersection where he struck a car driven by Roberta Torres, a 40-year-old resident of Belen, who died as a result of the injuries she sustained in the crash.

Dean has been in federal custody since his arrest on May 26, 2011, and remains detained pending his sentencing hearing, which has yet to be scheduled. Dean also faces several state charges, including homicide by vehicle, relating to Ms. Torres’ death in the 13th Judicial District Court for the State of New Mexico. Dean has entered a not guilty plea to the state charges.

Three other defendants have entered guilty pleas in this federal case. Andrew Gilbert Martinez, 30, of Socorro, N.M., pled guilty in Oct. 2011, to using a communication device to facilitate a drug trafficking crime, also known as a “phone count.” Martinez was sentenced in Jan. 2013, to 27 months in prison followed by a year of supervised release. Thanh Vu Huynh, 47, of Los Lunas, pled guilty in April 2012, to three phone counts and remains on conditions of release pending his sentencing hearing. Sylvia Jeanette Sisneros, 51, of Socorro, pled guilty to conspiracy to distribute methamphetamine and three phone counts in Nov. 2012. Sisneros remains in custody pending her sentencing hearing which is scheduled for April 4, 2013. Acosta-Astorga has yet to be arrested and is considered a fugitive. The charges against Acosta-Astorga and the defendants who have entered not guilty pleas are merely accusations and they are presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the DEA and the Los Lunas Police Department and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.

Consent Decree Resolves Fair Housing Act Claims
Of Discrimination Against A Tenant With Disabilities

ALBUQUERQUE – U.S. Attorney Kenneth J. Gonzales announced that his office has entered into a court-approved consent decree which resolves the government’s claims that Michael F. Croom, the owner and manager of rental property in Albuquerque, N.M., violated the Fair Housing Act (FHA) by discriminating against a tenant with disabilities.

The government’s civil complaint was filed in federal court in Nov. 2012, on behalf of a tenant who became disabled as a result of a medical condition more than two years after living in a house he and his family rented from Mr. Croom. It alleged that Mr. Croom engaged in discriminatory practices and retaliation based on the tenant’s disability in violation of the FHA by unlawfully refusing to permit the tenant to make reasonable modifications to the rented premises to accommodate the tenant’s disability at the tenant’s own expense and with the assurance that the tenant would restore the premises to their original condition. The complaint also alleged that Mr. Croom unlawfully retaliated against the tenant by evicting him after he requested permission to make reasonable modifications to accommodate his disability.

Under the consent decree, which is effective for three years, Mr. Croom is prohibited from: discriminating against any person in the sale or rental of a dwelling based on a disability; refusing to permit any person with a disability from making reasonable modifications to rental premises that are necessary to accommodate the person’s disability; and intimidating or threatening any person who exercises rights protected by the FHA. The consent decree also requires Mr. Croom to:

 Implement standards and procedures for receiving and handling requests made by persons with disabilities for reasonable modifications and accommodations at his rental properties;  Inform all tenants upon execution of their leases that they may make reasonable modifications to their dwellings at their own expense to make the dwellings more accessible;  Include a Reasonable Accommodation or Modification for Persons with Disabilities Policy in all rental leases;  Notify all persons responsible for the management and maintenance of his rental properties of their obligations under the consent decree;  Ensure that he and anyone else who has responsibility for management of his rental properties attend an educational program concerning the substantive provisions of federal, state and local fair housing laws and regulations;  Submit to the government written reports regarding his efforts to comply with the consent decree on a semi-annual basis; and
 Pay a $200,000 monetary award to the tenant on whose behalf the government’s complaint was filed.

The FHA prohibits discrimination in the sale or rental of a dwelling to a buyer or renter because of a disability. Discrimination includes the refusal to permit, at the expense of a person with a disability, reasonable accommodations of the premises where the renter agrees to restore the interior of the premises to their pre-existing condition.

“My Office is committed to ensuring that all New Mexico residents have equal access to housing,” said U.S. Attorney Gonzales. “We will continue to build on the Justice Department’s record of enforcing fair housing laws and removing barriers that are discriminatory to New Mexicans with disabilities.”

The government’s case was litigated by Assistant U.S. Attorney Ruth F. Keegan with assistance from the U.S. Attorneys’ Fair Housing Program in the Justice Department’s Housing and Civil Enforcement Section of the Civil Rights Division.

Fighting illegal discrimination in housing is a top priority of the Department of Justice and the U.S. Attorney’s Offices. The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. More information about the laws enforced by the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office is available at www.justice.gov/crt. Individuals who believe they have been victims of housing discrimination or have information can call the Housing Discrimination Tip Line at 1-800-896-7743, or email the Department of Justice at www.fairhousing.usdoj.gov.

• Consent Decree
  

ALBUQUERQUE – Late yesterday afternoon, a federal jury returned a guilty verdict against Keith Michael Courtney, 31, of Albuquerque, N.M., on wire fraud charges after a three day trial, announced U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.

Courtney and co-defendant John Johns, 40, also of Albuquerque, were indicted in Nov. 2011, on wire fraud charges. The three-count indictment alleged that between Nov. 2006 and Sept. 2007, Courtney and Johns schemed to defraud mortgage lenders by using straw buyers to apply for residential mortgage loans. At the time of the offenses charged, Courtney was part owner of Black Diamond Construction Company (BDCC), Veritas Mortgage Company and Polaris Realty, all of which maintained offices in Albuquerque. Johns was a loan officer with Veritas Mortgage Company.

In Feb. 2012, Johns entered a guilty plea to the indictment. During his plea hearing, Johns admitted his role in the unlawful scheme alleged in the indictment which resulted in three wire transfers of funds in the aggregate amount of $1,601,775.84 by mortgage lenders based on false and fraudulent representations made in connection with the sale of two residences built by Courtney’s business, BDCC.

Courtney proceeded to trial which began on March 25, 2013. The evidence at trial showed that Courtney’s company, BDCC, built two houses, one in Albuquerque and the other in Santa Fe. After the houses were completed, Courtney and Johns solicited straw buyers to purchase the houses, using the names and credit histories of the straw buyers to obtain financing from Plaza Home Mortgage Company and Lehman Brothers Bank. The loan applications falsely stated that the borrowers were buying the houses as primary residences, when in fact they had no intention of ever living in the houses. The straw buyers put no money into the transactions, did not make the mortgage payments, and were to receive $5,000.00 once the houses were resold. They were told that Courtney would make the mortgage payments until the houses were resold.

As a result of the false loan applications, which did not inform the lenders that the borrowers were straw borrowers, Plaza Home Mortgage Company wired two loans for $660,772.50 and $99,250.00 in connection with the Albuquerque house. Lehman Brothers Bank wired $641,803.34 for a loan in connection with the Santa Fe house. Courtney obtained an aggregate of $1,601,775.84 from the two mortgage lenders based on the fraudulent transactions. Courtney made mortgage payments on each property for a time after the transactions closed but ultimately stopped making payments on both, at which point the houses went into foreclosure. The mortgage companies suffered losses as a result.

The jury deliberated approximately two and a half hours before returning a guilty verdict on all three counts in the indictment.

Courtney remains on conditions of release pending his sentencing hearing, which has not yet been scheduled. At sentencing, Courtney faces a maximum penalty of 20 years in prison and a $250,000 fine on each of the three wire fraud counts of conviction. Johns also is on conditions of release pending his sentencing hearing, and faces the same maximum penalties.

This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Mary L. Higgins.

ALBUQUERQUE – Anthony Gutierrez, 43, of Santa Fe, N.M., was sentenced this morning to 96 months in prison to be followed by three years of supervised release for a firearms conviction arising out of an armed robbery of a K-Mart Store in Santa Fe.

Anthony Gutierrez and his brother, Angelo Gutierrez, 22, were indicted in Jan. 2012, and charged with (1) conspiracy to violate the Hobbs Act by interfering with a business engaged in interstate commerce by robbery, (2) committing a Hobbs Act robbery, and (3) using and carrying a firearm in relation to a crime of violence. These three charges arose out of the Oct. 21, 2011 armed robbery of the K-Mart Store located at 1712 Saint Michaels Drive in Santa Fe. The indictment also charged Anthony Gutierrez, who previously had been convicted of residential burglary and larceny, with being a felon in possession of a firearm.

Anthony Gutierrez was arrested on Feb. 15, 2012, after being transferred from state custody to federal custody. He has been in federal custody since that time. On Nov. 21, 2012, Gutierrez pled guilty to using and carrying a firearm in relation to a crime of violence and to being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office. In entering his guilty plea, Gutierrez admitted entering the K-Mart Store on Oct. 21, 2011, with the intention of robbing the store of DVDs. While Gutierrez was attempting to steal the DVDs, K-Mart’s loss prevention officers attempted to apprehend him and he fought against the officers. During the fight, Gutierrez pointed a firearm at the officers causing the officers to release him and he fled from the scene with the firearm and the DVDs. Gutierrez admitted that he had a prior felony conviction at the time of these events.

Angelo Gutierrez was arrested on Feb. 8, 2012, after being transferred from state custody to federal custody. On Dec. 3, 2012, Angelo Gutierrez entered a guilty plea to the three counts of the indictment against him (the conspiracy count, the Hobbs Act robbery, and the firearms charge) without the benefit of a plea agreement. Angelo Gutierrez remains in federal custody pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Santa Fe Police Department, with assistance from the K-Mart Store loss prevention officers. It was prosecuted by Assistant U.S. Attorneys Jon K. Stanford and Holland S. Kastrin.

ALBUQUERQUE – Deborah Gayle Wood, 56, currently residing in Grove, Okla., was sentenced yesterday afternoon to eight months in prison followed by five years of supervised release for her bank fraud conviction. Wood also was ordered to pay $4,390.93 in restitution and a $10,000.00 fine.

Wood pled guilty in Dec. 2011 to a felony information charging her with bank fraud. In her plea agreement, Wood admitted that, from 2004 to 2005, while she was employed as a trust officer by the Los Alamos National Bank, she defrauded the Bank on numerous occasions by obtaining reimbursement for personal expenditures that she falsely represented as expenditures made on behalf of a bank trust account client. Wood also admitted using a Bank credit card issued in the client’s name on numerous occasions to make personal purchases that she falsely represented as expenses made on behalf of the client.

Court filings reflect that, between 2003 and 2006, Wood was the trust officer for the trust account of an elderly client suffering from Alzheimer’s disease. As trust officer, Wood’s responsibilities included making sure that the client’s living expenses were provided for and that her bills were paid in a timely manner. In the course of her work, Wood regularly purchased items for her personal use and falsely informed the Bank that the items were for the client’s benefit and should be charged to the client’s trust account. When the Bank learned that Wood had engaged in a multi-year pattern of fraud against the client’s trust account, the Bank reimbursed the client by crediting her trust account in the amount of $101,391.10.

The case was investigated by the Santa Fe office of the FBI and was prosecuted by Assistant U.S. Attorney John C. Anderson.

Firearms Stolen From Four Federal Firearm Licensed Dealers
in El Paso, Texas, and Las Cruces, New Mexico

ALBUQUERQUE – Emilio Sandoval, 21, of Santa Teresa, N.M., entered a guilty plea this afternoon to a felony information charging him with possession of stolen firearms under a plea agreement with the U.S. Attorney’s Office. The guilty plea was announced U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Sandoval and co-defendant Cisco Rene Gutierrez, 18, of El Paso, Texas, were charged in a criminal complaint filed in federal court in Las Cruces, N.M., on Nov. 8, 2012, that alleged the transportation of stolen firearms from Texas to New Mexico and possession of stolen firearms. Sandoval was arrested on Nov. 14, 2012, in El Paso and transferred to Las Cruces on Nov. 26, 2012, to face the charges in the criminal complaint.

During today’s proceedings, Sandoval pled guilty to a felony information and admitted stealing firearms or aiding and abetting the theft of firearms from four federal firearms licensed (FFL) dealers in El Paso and Las Cruces between May 2012 and Nov. 2012. Specifically, Sandoval admitted his role in burglarizing the following FFLs and stealing an aggregate of 72 firearms:

 Sportsman’s Elite in El Paso on May 7, 2012, where 34 firearms were stolen.
 Stryker’s Shooting World in El Paso on May 19, 2012, where 10 firearms were stolen.
 Country Wide Shooters in El Paso on Sept. 23, 2012, where six firearms were stolen.
 Stryker’s Shooting World in Las Cruces on Nov. 13, 2012, where 22 firearms, including four silencers, were stolen.

Sandoval admitted that the firearms stolen from FFLs in El Paso were transported to New Mexico shortly after they were stolen. He also acknowledged that all 72 firearms traveled in interstate or foreign commerce before they were stolen.

Sandoval has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Sandoval faces a maximum penalty of ten years in prison and a $250,000 fine.

Co-defendant Gutierrez was arrested in Las Cruces on Dec. 6, 2012, and is detained pending trial. The criminal complaint against Gutierrez is merely an accusation and he is presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the El Paso and Las Cruces offices of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the El Paso Police Department, the Las Cruces Police Department, the Doña Ana County Sheriff’s Office and the Sunland Park Police Department. Supervisory Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Gregory Warren Second, 22, a member and resident of the Mescalero Apache Nation, pled guilty this afternoon to sexually abusing a minor under a plea agreement with the U.S. Attorney’s Office. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Second was arrested in Nov. 2012, on a criminal complaint alleging that in May 2012, he engaged in a sexual act with an Indian child between the ages of 12 and 16 years on the Mescalero Indian Reservation. He has been in custody since his arrest.

During this afternoon’s proceedings, Second entered a guilty plea to a felony information charging him with sexual abuse of a child under the age of 16 years. Second admitted that on May 22, 2012, he knowingly engaged in a sexual act with a 12-year-old child.

Second will remain in federal custody pending his sentencing hearing, which has yet to be set. At sentencing, Second faces a maximum penalty of 15 years in prison to be followed by at least five years of supervised release. Second also will be required to register as a sex offender.

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

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, local and tribal resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc/.

ALBUQUERQUE – Joseph F. Zinkiewicz, 76, was sentenced this morning to ten years in federal prison followed by ten years of supervised release for his possession of child pornography conviction. Zinkiewicz will be required to register as a sex offender after he completes his prison sentence. Zinkiewicz’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas.

Zinkiewicz, a retired teacher who resides in Raton, N.M., was arrested in April 2012, on a criminal complaint and charged with distributing, receiving and possessing child pornography in Colfax County, N.M., between Oct. 2011 and April 2012. He has been in federal custody since that time. Zinkiewicz was indicted in June 2012, and charged with three counts of distribution of child pornography, one count of receipt of child pornography, and two counts of possession of child pornography. He pled guilty on Oct. 23, 2012, to possession of child pornography.

Zinkiewicz was arrested as the result of an investigation that initially targeted a suspect in Colorado. During the investigation, an undercover agent engaged in communications with the Colorado suspect and learned that the suspect was a member of a group that used E-mail accounts to distribute and receive child pornography. In Nov. 2011, after the undercover agent obtained a hard drive containing thousands of child pornography images and videos from the Colorado suspect, agents executed a search warrant on the E-mail account used by the Colorado suspect and were able to identify the E-mail accounts of individuals, including Zinkiewicz, who shared child pornography with the Colorado suspect.

Beginning in Jan. 2012 and continuing until March 5, 2012, the undercover agent used the E-mail account belonging to the Colorado suspect to communicate with Zinkiewicz through his E-mail account. During these communications, Zinkiewicz sent a series of E-mails that included child pornography images and videos to the undercover agent. On April 4, 2012, law enforcement officers executed a federal search warrant at Zinkiewicz’s residence in Raton, and seized computers and computer-media in addition to photographs and DVDs that contain child pornography.

According to court records, Zinkiewicz admitted that he voluntarily participated in a recorded interview while the search warrant was executed at this residence and told agents that he had been looking at child pornography for ten to fifteen years. He also admitted to using his E-mail account to exchange child pornography with others on the Internet. Zinkiewicz also acknowledged that a forensic examination of his computer and computer-related media revealed that they contained nine videos and more than 1000 images of child pornography, including 28 images of children who have been identified as child pornography victims and have been rescued.

Zinkiewicz was subject to enhanced penalties in this case because he previously has been convicted of a child pornography offense. Records reveal that Zinkiewicz was convicted of distribution of child pornography in the Superior Court of the State of New Jersey in Jan. 2002.

The case was investigated by the HSI offices in Albuquerque and Greeley, Colo., with assistance from the New Mexico State Police and the Eighth Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Charlyn E. Rees.

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 www.justice.gov/psc/.

The case also was brought as part of the New Mexico Internet Crimes Against Children Task Force’s (ICAC Task Force) mission 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 – Alma Garcia, 29, a member and resident of Pojoaque Pueblo, pled guilty this morning in federal court to a misdemeanor information charging her with child abandonment.

The information charged Garcia with abandoning her minor child in spring 2010, in a situation in which the child may have suffered neglect. In entering her guilty plea this morning, Garcia admitted that, in April or May 2010, she intentionally left her infant in the custody of another person who neglected the child. Garcia admitted that this incident occurred on Pojoaque Pueblo.

Garcia was released under pretrial supervision pending her sentencing hearing, which has yet to be scheduled. At sentencing, Garcia faces up to a year in prison and a $1,000.00 fine.

The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Northern Pueblos Agency with assistance from the Pojoaque Pueblo Department of Social Services, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

ALBUQUERQUE – Former El Paso County Judge Dolores Briones, 61, was sentenced this morning in the U.S. District Court for the Western District of Texas to 30 months in federal prison for conspiring to embezzle federal program funds, announced U.S. Attorney Kenneth J. Gonzales for the District of New Mexico and Special Agent in Charge Mark Morgan of the El Paso Division of the FBI.

Briones, who currently resides in Austin, Tex., will be on supervised release for three years after completing her prison sentence. She also is required to pay $36,000.00 in restitution.

In Dec. 2011, Briones pled guilty to conspiracy to commit theft or embezzlement of federal program funds. In entering her guilty plea, Briones admitted that, from June 2005 through Dec. 2006, she conspired with Ruben “Sonny” Garcia, Jr., then president of L.K.G. Enterprises, Inc. (LKG), and Cirilo “Chilo” Lara Madrid to accept bribes in exchange for her assistance to LKG involving a federal program grant from the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency of the U.S. Department of Health and Human Services.

The SAMHSA grant included an evaluation component requiring that data related to the services provided by the Border Children’s Mental Health Collaborative (BCMHC), a healthcare program for severely mentally handicapped and emotionally disturbed children in El Paso County, be reported to SAMHSA. In Nov. 2005, El Paso County contracted with LKG to collect the necessary data. Subsequently, Garcia and Madrid agreed to pay $3000.00 a month to Briones, who was serving as the principal investigator for the SAMHSA grant, to assist and help LKG’s efforts to maintain and keep the contract. Thereafter, Garcia and Madrid, through LKG, made 12 monthly payments of $3,000.00 to an intermediary, who forwarded $2000.00 a month to Briones pursuant to her illegal agreement with Garcia and Madrid. Briones illegally obtained $24,000.00 through this scheme.

“Today’s sentencing of Briones sends a strong message regarding the FBI’s continued commitment to aggressively pursue individuals who have violated the public’s trust through their own greed, personal gain, and total abdication of the duties they were sworn to up-hold,” said Mark Morgan, Special Agent in Charge of the El Paso Division of the FBI. “Briones, holding one the highest positions of trust within our justice system, shattered the very essence of core values by her actions and has left a city questioning their confidence in the very officials they rely on to provide them protection and safety – this cannot be tolerated.”

This case was investigated by the El Paso Division of the FBI and was prosecuted by Steven C. Yarbrough, First Assistant U.S. Attorney in the District of New Mexico, and Assistant U.S. Attorneys William F. Lewis, Jr., and Juanita Fielden in the Western District of Texas.

ALBUQUERQUE – Late yesterday afternoon a federal judge sentenced Christopher Garcia, 34, of Clovis, N.M., to 80 months in prison followed by a lifetime of supervised release for his child pornography conviction. Garcia will be required to register as a sex offender after he completes his prison sentence. Garcia’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Curry County Sheriff Matt Murray.

Garcia was indicted in July 2012, and charged with three counts of receipt of child pornography, and three counts of possession of child pornography. According to the indictment, Garcia received and possessed child pornography between Dec. 12, 2011 and Jan. 17, 2012, in Curry County, N.M. During that period, Garcia was a sergeant with the U.S. Air Force assigned to the 16th Special Operations Squadron at Cannon Air Force Base.

On Nov. 16, 2012, Garcia pled guilty to Count 2 of the indictment charging him with receipt of a visual depiction of a minor engaged in sexually explicit conduct. During his plea hearing, Garcia acknowledged that he was charged as the result of an undercover investigation that began in Jan. 2012, and targeted individuals who possess, receive and distribute child pornography. As a result of the investigation, a search warrant to seize computers and computer related media was executed at Garcia’s residence on Jan. 17, 2012. While the search warrant was executed, Garcia voluntarily participated in a recorded interview during which he admitted that he had been downloading and viewing child pornography for approximately two years. Garcia also acknowledged that a forensic examination of his computers and computerrelated media disclosed thousands of images and videos consistent with child pornography.

This case was investigated by HSI, the Curry County Sheriff’s Office and the New Mexico Regional Computer Forensic Laboratory, and was prosecuted by Assistant U.S. Attorney Charlyn E. Rees. It was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 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 – Stanford Benally, 41, an enrolled member of the Navajo Nation who resides in Beclabito, N.M., pled guilty this morning to an involuntary manslaughter charge under a plea agreement with the U.S. Attorney’s Office.

Benally was arrested on Sept. 11, 2012, on an indictment charging him with second degree murder and involuntary manslaughter. The second degree murder charge alleged that, on May 19, 2012, Benally caused the death of a minor female by serving her liquor and failing to provide care and seek medical attention for her in a manner that evinced a callous and wanton disregard for human life. The involuntary manslaughter charge alleged that Benally caused the death of victim, who was unconscious and intoxicated, by negligently failing to provide care or to seek medical assistance for the victim.

During this morning’s proceedings, Benally pled guilty to the involuntary manslaughter charge. In entering his guilty plea, Benally admitted that, on May 19, 2012, he killed his daughter by negligently failing to provide care or seeking medical assistance for her even though he knew she was unconscious and intoxicated. He further admitted that his criminal act took place on the Navajo Indian Reservation.

Benally has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Benally faces a maximum penalty of eight years in prison. The second degree murder charge will be dismissed after Benally is sentenced.

The case is being prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Jack E. Burkhead, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety.

ALBUQUERQUE – Yesterday afternoon a federal judge sentenced Abraham Sedillo, 26, of Albuquerque, N.M., to 51 months in prison followed by three years of supervised release for his federal armed robbery conviction. Sedillo also was ordered to make full restitution to the victim of the armed robbery. Sedillo’s sentence was announced by U.S. Attorney Kenneth J. Gonzales, 7th Judicial District Attorney Clint Wellborn, and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Sedillo was indicted in March 2012, and charged with violating the Hobbs Act by interfering with a business engaged in interstate commerce by robbery. The federal charge against Sedillo arose out of the armed robbery of a Blake’s Lotaburger Restaurant in Moriarty, N.M., on Sept. 12, 2011. In Oct. 2012, Sedillo pled guilty to the indictment without the benefit of a plea agreement.

According to court records, on the night of Sept. 12, 2011, Sedillo, who was armed with a revolver, and an unidentified co-conspirator, who was armed with a knife, entered the Blake’s Lotaburger Restaurant shortly before its 10:00 p.m. closing time. Sedillo and his accomplice jumped over the counter, brandished their weapons at two employees, and demanded money. After the accomplice grabbed a container of money from the employees, the two robbers ran out of the restaurant.

During interviews with the Moriarity Police Department, the employees reported recognizing Sedillo because he had been employed at the restaurant in fall and winter of 2010. On Sept. 13, 2011, officers of the Albuquerque Police Department arrested Sedillo in Albuquerque, based on a state arrest warrant obtained by the Moriarity Police Department. Sedillo remained in local custody on state charges until April 11, 2012, when he was transferred to federal custody.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Moriarity Police Department, the Albuquerque Police Department and the District Attorney’s Office for the 7th Judicial District of the State of New Mexico, and was prosecuted by Assistant U.S. Attorneys Raul Torrez and William J. Pflugrath.

Wife Pleads Guilty to Participating in Husband’s Embezzlement Scheme

ALBUQUERQUE – John Hoffman, 42, of Rio Rancho, N.M., entered a guilty plea this morning to the felony offense of theft by an employee of a Indian gaming establishment. His wife and accomplice, Michelle Fischer, 42, entered a guilty plea to the misdemeanor offense of theft from an Indian gaming establishment. The guilty pleas were announced by U.S. Attorney Kenneth J. Gonzales and Police Chief Harry Betz of the Santa Ana Tribal Police Department.

Hoffman pled guilty to a felony information charging him with embezzling money belonging to the Santa Ana Star Casino, which is operated by Santa Ana Pueblo, from Dec. 2010 to Aug. 2011. At the time, Hoffman was employed in the Marketing Department of the Santa Ana Star Casino. In entering his guilty plea, Hoffman admitted that, during the period covered by the information, he abused his position at the Santa Ana Star Casino by gaining access to active and inactive “Player’s Club” cards and adding money and credits to the cards without proper basis or authority. Hoffman further admitted that he then gave the cards to Fischer knowing that she intended to distribute the cards to others who would use the cards to gamble and who would give Hoffman and Fischer a percentage of their winnings.

Fischer pled guilty to a misdemeanor information charging her with theft of money belonging to the Santa Ana Star Casino. In entering her guilty plea, Fischer admitted obtaining “Player’s Club” cards to which she was not entitled from a casino employee, and giving the cards to others who used the cards to gamble with the understanding that Fischer would receive a percentage of their winnings. Fischer also admitted that she also used some of the cards to gamble knowing that she was not entitled to do so and for the purpose of obtaining a financial benefit.

Hoffman and Fischer were both released on conditions of release pending their sentencing hearings, which have yet to be scheduled. At sentencing, Hoffman faces a maximum penalty of 20 years in prison and Fischer faces a maximum penalty of one year in prison. Hoffman and Fischer will be required to make restitution to Santa Ana Star Casino in the amount for which the Court determined each to be responsible.

These cases were investigated by the Santa Ana Tribal Police Department and are being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

Prior Felon Brandished Pistol at 17-Year-Old and Threatened to Kill Her

ALBUQUERQUE – A federal jury returned a guilty verdict this morning against Christian Alexander Sangiovanni, 32, of Albuquerque, N.M., for being a felon in possession of firearms and ammunition after a two-day trial, announced U.S. Attorney Kenneth J. Gonzales, 2nd Judicial District Attorney Kari E. Brandenburg, and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Sangiovanni was arrested in Aug. 2012, on an indictment charging him with being a felon in possession of a firearm and ammunition. The indictment alleged that Sangiovanni unlawfully possessed a firearm and ammunition on April 25, 2010, in Bernalillo County, N.M. At the time, Sangiovanni was prohibited from possessing firearms or ammunition because he previously had been convicted of the following three felony offenses in the 12th Judicial District Court for the State of New Mexico: embezzlement in 2000; sexual exploitation of children in 2001; battery on a police officer in 2003. He also previously had been convicted of possession of heroin with intent to distribute in the 4th Judicial District Court for the State of New Mexico in Guadalupe County in 2005.

According to the evidence at trial, on April 25, 2010, a 17-year-old high school student encountered Sangiovanni, an acquaintance she knew through a mutual friend, at a convenience store in the Northeast Heights of Albuquerque while running an errand for her mother. When the teenager parked her car, Sangiovanni got into the front passenger seat. After yanking the car keys out of the ignition and slapping a cellphone out of the teenager’s hand to prevent her from calling for help, Sangiovanni pulled a firearm out, brandished the weapon at the teenager, and threatened her against getting out of the car. During the encounter, Sangiovanni told the teenager that, “I have no problem blasting both of us right now, you first, then me.” After a time, Sangiovanni permitted the teenager to enter the store, make her purchase and return home.

Later that night, Sangiovanni sent the teenager an E-mail in which he threatened her against telling anyone about the violent encounter. Thereafter, Sangiovanni E-mailed the teenager photographs of himself holding a pistol to his head. On April 26, 2010, the teenager and her mother contacted the police and reported Sangiovanni’s threats against the teenager and provided the E-mails containing the threats and photographs of Sangiovanni holding the pistol to his head.

On May 3, 2010, after Sangiovanni continued to send threatening E-mails to the teenager, officers executed an arrest and search operation at a residence where Sangiovanni was staying. After arresting Sangiovanni on state charges, the officers found a Smith & Wesson, model 459, 9mm pistol with an extended magazine that contained rounds of ammunition. The pistol subsequently was identified by the teenager as the weapon that Sangiovanni brandished at her on April 25, 2010.

The jury deliberated approximately three hours before returning a guilty verdict.

Sangiovanni has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled. Sangiovanni faces a maximum sentence of ten years in prison unless the court determines that he is an armed career criminal. In that event, Sangiovanni faces a mandatory minimum sentence of 15 years in prison.

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

District Attorney Kari E. Brandenburg added, “Our partnership with the U. S. Attorney’s Office is integral to reducing the violence in Bernalillo County. It is imperative to remove armed felons from our community.”

Today’s guilty verdict puts a violent offender back behind bars and off the streets. Anytime we can prevent a violent felon from possessing a firearm, our families and communities are safer,” stated ATF Special Agent in Charge, Thomas G. Atteberry. “I want to commend the leadership of U.S. Attorney Kenneth J. Gonzales and his prosecution team in pursuing federal firearms charges against Sangiovanni.” Mr. Atteberry also recognized the efforts of the dedicated ATF agents and the Albuquerque Police Department officers who perfected this criminal case.

The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance from the 2nd Judicial District Attorney’s Office and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Adam S. Rowley.

ALBUQUERQUE – William Winzenburg, Jr., 27, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with child pornography offenses.

During this morning’s proceedings, Winzenburg entered a not guilty plea to the fourcount indictment which charges him with two counts of receiving visual depictions of minors engaged in sexually explicit conduct and two counts of possession of a visual depiction of minors engaged in sexually explicit conduct. According to the indictment, Winzenburg received child pornography in Nov. 2012, and possessed child pornography in Feb. 2013. The four offenses allegedly occurred in Bernalillo County.

Winzenburg was arrested on Feb. 7, 2013 on a criminal complaint filed by the FBI based on an investigation initiated by the Bernalillo County Sheriff’s Office (BCSO) in Nov. 2013, after receiving information from the National Center for Missing and Exploited Children that that a specific IP address was being used to receive child pornography. According to the criminal complaint, after the investigation revealed that the IP address was subscribed to Winzenburg, on Feb. 7, 2013, the FBI and BCSO executed a search warrant at Wenzenburg’s residence and seized computers and computer-related media which allegedly contained child pornography.

Winzenburg has been in federal custody since his arrest and remains detained pending trial, which has yet to be scheduled.

If convicted, Winzenburg faces a maximum penalty of not less than 15 years or more than 40 years in prison on each of the two receipt of child pornography charges. If convicted on the possession of child pornography charges, Winzenburg faces a maximum penalty of not less than 10 years or more than 20 years in prison. The sentencing exposure on the child pornography charges is enhanced as a result of Winzenburg’s prior sexual abuse conviction.

The case was investigated by the FBI, BCSO and the New Mexico Regional Computer Forensic Laboratory, and is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees. It 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/.

The Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 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.

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

ALBUQUERQUE – Samuel Jackson, 56, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to 16 years in prison for his abusive sexual contact conviction. Jackson will be on supervised release for five years after he completes his prison sentence. He also will be required to register as a sex offender.

Jackson pled guilty to the abusive sexual contact charge on July 17, 2012. In entering his guilty plea, Jackson admitted sexually assaulting a Navajo child under the age of 16 years in a residence in Shiprock on Aug. 5, 2011. At the time of the offense and until his arrest in Jan. 2012, Jackson was employed as a back-up bus driver at Shiprock division of the Central Consolidated School District No. 22.

The case was investigated by the Farmington office of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.

Plea Agreement Requires Defendant to Serve 17 Year Prison Sentence

ALBUQUERQUE – Lindsey Joe Brown, II, 40, of Farmington, N.M., pled guilty this morning to methamphetamine trafficking and firearms charges under a plea agreement that requires him to serve a17 year prison sentence. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales, District Attorney Rick P. Tedrow for the 11 th Judicial District of the State of New Mexico in San Juan County, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Lt. Neil Haws, Director of the Region II Narcotics Task Force.

Brown was indicted in March 2012 and charged with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and using a firearm in relation to a drug trafficking crime. According to the indictment, Brown committed these crimes in San Juan County, N.M., in Oct. 2011. Brown was arrested on April 5, 2012, and has been in federal custody since that time.

This morning, Brown pled guilty to possession of methamphetamine with intent to distribute and the firearms offense. In his plea agreement, Brown admitted that, on Oct. 26, 2011, he agreed to sell methamphetamine to a person who unbeknownst to him was working as an informant. Law enforcement officers conducted surveillance as Brown drove from Farmington to Cuba, N.M., where he purchased methamphetamine from his supplier. While Brown was traveling back to Farmington, the officers obtained a search warrant for Brown’s 2009 Ford Mustang. When the officers executed the search warrant, they found a box in the Mustang’s trunk that contained more than 200 grams of methamphetamine. In the center console of the Mustang, the officers found a fully loaded .9 mm semi-automatic pistol and other .9 mm ammunition. Brown was arrested on state charges, which were later dismissed after Brown was arrested on federal charges.

Under the terms of his plea agreement, Brown has agreed to forfeit the Mustang used to transport the methamphetamine and the firearm and ammunition found in the vehicle.

11th Judicial District Attorney Rick P. Tedrow said, “The assistance provided by the U.S. Attorney’s Office has provided San Juan County a great benefit in allowing our agencies to coordinate strengths and remove dangerous offenders from our communities. It is our hope to continue working together with prosecutors from our office, the prosecutors from the U.S. Attorney’s office, and all our law enforcement agencies and keep moving forward toward our common goal of safe communities in this State.”

“The message to drug traffickers is clear: Make no mistake. HSI is working aggressively with our state and local law enforcement partners to reduce drug trafficking activity in New Mexico,” said Dennis A. Ulrich, Special Agent in Charge of HSI El Paso. “And our alliance is strengthened by our commitment to public safety and border security.”

“I want to thank HSI and the U.S. Attorney's Office for their continued partnership with Region II and local agencies in San Juan County,” said Lt. Neil Haws, Director of Region II Narcotics Task Force. “Lindsey Brown was a major methamphetamine supplier to our area, and this prison sentence will ensure that he will not be selling drugs in our community for a long time. It is also a reminder to other local drug dealers that we have State and Federal partners in our efforts to investigate drug trafficking organizations and their members and that we will aggressively pursue and prosecute them for their crimes.

In announcing the guilty plea, U.S. Attorney Kenneth J. Gonzales commended the 11th Judicial District Attorney’s Office, HSI and the Region II Narcotics Task Force for their work in this cooperative investigation and prosecution. Assistant U.S. Attorney Lynn W.Y. Wang is prosecuting the case for the government and Assistant U.S. Attorney Cynthia L. Weisman is handling the forfeiture proceedings.

Defendant Guilty of Transporting PCP and Codeine on AmTrak Train

ALBUQUERQUE – Shortly before noon today, a federal jury returned a guilty verdict against Rayvell Vann, 45, of Omaha, Neb., on drug trafficking charges after a two-day trial, announced U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Field Division.

Vann was arrested in Albuquerque, N.M., on April 9, 2012, on drug trafficking charges in a criminal complaint. Vann subsequently was indicted and charged with (1) possession of more than 100 grams of phencyclidine (PCP) with intent to distribute, and (2) possession of codeine with intent to distribute.

According to the evidence at trial, on April 9, 2012, a DEA special agent, who was conducting an interdiction investigation at the AmTrak train station in Albuquerque, approached Vann, who was a passenger on a train and was traveling from Los Angeles, Calif., to Omaha. After identifying himself as a law enforcement officer, the agent requested and received Vann’s consent to talk to him. During the recorded conversation, Vann told the agent that he had traveled by plane to Los Angeles from Kansas City two weeks earlier and was returning from his travels.

Vann, who was traveling with one bag and a briefcase, agreed to let the agent search his bag which contained only a pink gift-wrapped box and a child’s dress despite Vann’s claim to have been in Los Angeles for two weeks. When the agent asked for permission to open the box, Vann said the box contained a birthday gift for his aunt but could not provide his aunt’s birth date. Shortly thereafter, while the conversation continued to be recorded, Vann admitted that the box contained illegal drugs, codeine cough syrup and “Ops” – short for Oxycotin, a prescription painkiller. The agent then arrested Vann and obtained a search warrant for the box.

When DEA agents opened the box, they quickly realized that it did not contain only codeine and painkillers because of the foam packaging inside the box and the pungent odor of ether that was released when they cut the foam. Recognizing the odor as PCP and finding 16 ounces of PCP in the box, the agents arranged for a bio-hazard expert to take possession of the bulk of the PCP after first taking a sample for testing.

After confirming that the PCP was appropriately handled, the agents interviewed Vann, who expressed surprise that the box contained PCP. Vann admitted purchasing PCP, codeine and Oxycotin while he was in Los Angeles, but claimed to have sent the PCP to Omaha by an expedited courier service. Vann told the agents he intended to sell the PCP, the codeine and Oxycotin in Omaha.

The jury deliberated about ninety minutes before returning a guilty verdict.

Vann has been in federal custody since his arrest on federal charges and remains detained pending his sentencing hearing, which has not yet been scheduled. Vann faces a mandatory minimum ten years in prison and a maximum of life in prison because he previously was convicted of a narcotics trafficking offense. Court records reflect that Vann was convicted of possession of a controlled substance in the State of Nebraska in 1989.

The case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into, or through, New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles." Assistant U.S. Attorneys David M. Walsh and Norman Cairns are prosecuting the case for the government.

ALBUQUERQUE – Chad F. Summers, 40, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with child pornography and firearms offenses. The indictment against Summers was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas.

During this morning’s proceedings, Summers entered a not guilty plea to the five-count indictment which charges him with three counts of receiving visual depictions of minors engaged in sexually explicit conduct, one count of possession of a visual depiction of minors engaged in sexually explicit conduct, and one count of being a felon in possession of a firearm. According to the indictment, Summers received child pornography on April 2006 and Dec. 2012, and possessed child pornography in Dec. 2012. Summers also is charged with unlawfully possessing a firearm in Feb. 12, 2013. At the time, Summers was prohibited from possessing firearms and ammunitions because he previously had been convicted of a felony offense, specifically possession of child pornography, in an Oregon state court. The five offenses allegedly occurred in Bernalillo County.

Summers was arrested on Feb. 12, 2013 on a criminal complaint by HSI special agents based on an investigation initiated by the New Mexico State Police (NMSP) in Oct. 2013, that determined that an IP address subscribed to Summers was being used to receive child pornography. According to the criminal complaint, on Feb 12, 2013, law enforcement officers with HSI, NMSP and the Albuquerque Police Department (APD) executed a federal search warrant at Summers’ residence and seized computers and computer-related media which allegedly contained child pornography. Officers also seized a .9 mm pistol during the search of Summers’ residence.

If convicted, Summers faces a maximum penalty of not less than 15 years nor more than 40 years in prison on each of the three receipt of child pornography charges. If convicted on the possession of child pornography charge, Summers faces a maximum penalty of not less than 10 years nor more than 20 years in prison. The sentencing exposure on the child pornography charges is enhanced as a result of Summers’ prior child pornography conviction. The maximum penalty for a conviction on the firearms charge is ten years in prison.

The case was investigated by HSI, the NMSP and APD, and is being prosecuted by Assistant U.S. Attorney Charlyn E. Rees. It 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/.

The Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 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.

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

ALBUQUERQUE – Raydell Billy, 22, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning to assault and firearms charges under a plea agreement with the U.S. Attorney’s Office.

Billy was arrested on Jan. 16, 2013, on a criminal complaint charging him with assault and firearms offenses. On Feb. 6, 2013, Billy was indicted and charged with two counts of being a felon in possession of a firearm, assault with a dangerous weapon; and using a firearm during a crime of violence. Billy was charged with committing these offenses on the Navajo Indian Reservation in San Juan County, N.M., on Nov. 15, 2012 and Jan. 12, 2013.

Today, Billy pled guilty to a criminal information charging him with assault with a dangerous weapon and using a firearm in furtherance of a crime of violence. In entering his guilty plea, Billy admitted that on Jan. 12, 2013, he assaulted a family member with a .22 caliber Winchester rifle by pointing the rifle at the victim and pulling the trigger. Billy also admitted hitting the victim in the head with the butt-stock of the rifle.

Billy has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Billy faces a maximum penalty of ten years in prison for the assault with a dangerous weapon charge. He also faces a mandatory five year in prison term on the firearms charge that must be served consecutive to any prison sentence imposed on the assault charge.

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