District of New Mexico

ALBUQUERQUE – A federal jury has convicted an Albuquerque man of being a felon in possession of a firearm, following a two-day trial that concluded after just over two hours of deliberation.

According to court documents and evidence presented at trial, on October 26, 2021, Albuquerque Police Department officers responded to a ShotSpotter alert and a 911 call reporting a man waving a firearm near an apartment complex. Upon arrival, officers located Anthony A. Hernandez, 31, who matched the description provided by the witness.

During the investigation, officers discovered a purple and black 9mm pistol hidden where Hernandez was seen, along with a spent shell casing in the area. Witness testimony further identified Hernandez as the man with the firearm, and it was confirmed that the recovered firearm had been reported stolen.

As a previously convicted felon, including a prior conviction for armed robbery, Hernandez was prohibited from possessing firearms or ammunition.

Following the verdict, the Court ordered that Hernandez remain in custody pending sentencing, which has not been scheduled. At sentencing, Hernandez faces up to 10 years in prison.

There is no parole in the federal system.

Hernandez is also under indictment for assault on a federal officer, inflicting bodily injury, in November 2022, while being held at the Cibola County Correctional Center on the firearms case. The trial for this charge is scheduled for later this year.

U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Albuquerque Police Department. Assistant United States Attorneys Maria Elena Stiteler and Kimberly Bell are prosecuting the case.

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The Justice Department and City of Albuquerque (City), New Mexico, filed a joint motion today seeking court approval to terminate certain portions of the consent decree covering the Albuquerque Police Department (APD). The joint motion follows the independent monitor’s 20th report, also filed today, which concluded that the City and APD have reached full compliance with 99% of the consent decree’s terms, the highest level of compliance achieved by APD.

The monitor’s report indicates that APD’s compliance level reflects significant achievement in critical areas such as completing timely and high-quality use-of-force and misconduct investigations. These accomplishments take place against a backdrop of a 37% reduction in APD’s use of serious force in the last four years.

“Our joint motion to terminate additional provisions of this consent decree demonstrates that the Justice Department has come even closer to its ultimate goal of ensuring constitutional and effective policing in Albuquerque,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Real reform is not only possible, but evident in Albuquerque. Since this consent decree went into effect, the Albuquerque Police Department has made significant and sustained progress in implementing policing practices that respect civil rights and promote public safety. We have seen a 37% decline in use of serious force over the last four years, and continue to move reform efforts forward. The Justice Department will continue to work with the City and its police department toward our shared goal of constitutional and effective policing—the community deserves nothing less.”

“This partial termination proves that the hard work of the men and women of the Albuquerque Police Department and the persistent advocacy from the community are achieving real results,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “Where the existence of a consent agreement is a symptom of dysfunction, every paragraph terminated is evidence of progress. Effective policy, operational observance of those rules, and persistent compliance with reform have set up APD for success. The sustainment period which follows termination will ensure that APD delivers the police department the people of Albuquerque deserve.”

The joint motion asks the court to terminate 31 consent decree provisions with which APD has fully complied for at least two years. The provisions cover a range of topics, including use of electronic control weapons (commonly known as Tasers); crisis intervention; crisis prevention; and supervision. It is the third joint motion the parties have filed in the last year seeking to terminate a total of 183 paragraphs of the consent decree, or 67% of the enforceable provisions of the agreement.

APD has made substantial change in reaching compliance with provisions of the consent decree the parties seek to terminate, including:

• APD has properly trained all officers on using Tasers to ensure that officers only use these weapons when lawful and necessary.
• APD has trained specialized officers to respond to behavioral health crises and deployed those officers across the department. Albuquerque has also created a new agency called Albuquerque Community Safety to send trained mental health professionals to 911 calls involving behavioral health issues. Through these two initiatives, Albuquerque is working to ensure that people get the help they need.
• APD has improved supervision across the police department, ensuring that officers receive the guidance, direction and support they need to be effective and comply with the law.

The District Court for the District of New Mexico entered the consent decree in June 2015. The decree, as well as information about the Civil Rights Division, are available on the Special Litigation Section Cases and Matters website. Additional information about implementation of the consent decree is also available on the U.S. Attorney’s Office website. If you believe your civil rights have been violated, please submit a complaint through our online portal.

ALBUQUERQUE, N.M. - A Shiprock man was sentenced to 97 months in federal prison, the maximum penalty pursuant to the plea agreement, for the fatal beating of another man during an altercation.

There is no parole in the federal system.

According to court documents, on June 26, 2022, Morrie Lee Begaye, 37, an enrolled member of the Navajo Nation, started a fight with John Doe, also an enrolled member of the Navajo Nation, at a residence in Shiprock, New Mexico, which is within the exterior boundaries of the Navajo Nation in San Juan County. Begaye attacked John Doe, and after the fight went to the ground, he punched and kicked Doe in the head and body.

John Doe was airlifted to University of New Mexico Hospital in Albuquerque where imaging revealed he had a large bleed in the space surrounding the left side of his brain. The bleed was large enough to cause the brain to shift inside the skull, leading to compression of vital structures of the brain. John Doe was in a coma, and the neurosurgical team deemed his injuries too severe for surgical intervention. The following day, on June 28, 2022, he was declared brain dead and granted others the gift of life through organ donation on June 29, 2022.

Upon his release from prison, Begaye will be subject to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant U.S. Attorneys Caitlin L. Dillon and Brittany DuChaussee are prosecuting the case.

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ALBUQUERQUE, N.M. – Federal prosecutors have filed charges against several individuals for assaulting U.S. Border Patrol agents in separate incidents along the southern border, highlighting an ongoing concern for officer safety.

According to court documents, on August 20, 2023, a Border Patrol agent pursued a group of migrants near the U.S.-Mexico border. The agent located Juventino Darinel Reyes-Fuentes, 30, a Mexican national, and began to arrest him, but Juventino resisted and attempted to reach for the agent’s weapon. The agent fired at Juventino, shooting his wallet and phone.  Juventino’s brother, Jose Maria Reyes-Fuentes, 24, also a Mexican national, then approached and assaulted the agent. A struggle ensued as the brothers wrestled the firearm away from the agent. The brothers then stole the agent's ATV and fled but were later apprehended by other agents.

Juventino and Jose both pled guilty in federal court to assault upon a federal officer involving physical contact and were each sentenced to 16 months in prison.   

In another case, Edwin Esau Fuentes-Galea, a Salvadoran national, assaulted a U.S. Border Patrol agent near Santa Teresa, NM, on January 26, 2024. Fuentes resisted arrest, threw sand and dirt at the agent, and bit him during the struggle. His actions resulted in visible injuries to the agent, who required medical treatment.

Fuentes-Galea pled guilty to assaulting a federal officer on May 8, 2024, and was sentenced to 12 months and one day in prison. 

On September 19, 2024, Ricardo Prieto-Simental, 25, a Mexican national, was approached by U.S. Border Patrol agents near Santa Teresa, New Mexico.  When agents attempted to detain Prieto-Simental, who was suspected of being in the country illegally, Prieto-Simental fled from agents and then attempted to break a cell phone on a rock, and then threw the phone as a Border Patrol Agent’s head. The Border Patrol agent then attempted to place handcuffs on Prieto-Simental, who then began punching, kicking, and biting the Border Patrol agent.  Prieto-Simental bit the agent on the left forearm, breaking the skin and resulting in a bite mark and bruising.

Prieto-Simental was charged with assault of a federal agent and has been detained pending trial.

In a similar case, Enrique Rodriguez-Salazar, 26, a Mexican national, was approached by U.S. Border Patrol agents near Santa Teresa, New Mexico on September 26, 2024. When agents attempted to detain Rodriguez, who was laying on the ground, he resisted and threw a handful of dirt into an agent’s face, hitting him in the eyes. After being hit, the agent deployed his taser and was able to subdue Rodriguez.

Rodriguez was charged with assault of a federal agent and appeared before a federal judge and was detained pending the resolution of his case.

In another case, on May 29, 2024, a Border Patrol agent encountered a group of five individuals, including three children, walking along the border wall. When the agent attempted to take the group into custody, Erika Jasmin Lobato-Melendez, a Salvadoran national, bit the Agent on the forearm with enough force to cause bruising and abrasions through her uniform jacket. As a result, the agent required medical treatment.

Lobato-Melendez pled guilty to assaulting a federal officer involving physical contact, on September 5, 2024. At sentencing, Lobato-Melendez faces not more than eight years in prison.

These cases highlight the risks faced by federal officers and the Department of Justice’s commitment to their safety and security. The FBI and U.S. Border Patrol continue to work together to address such incidents.

U.S. Attorney Alexander M.M. Uballez, Chief Patrol Agent Anthony Scott Good of the U.S. Border Patrol El Paso Sector and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Las Cruces Resident Agency of the Federal Bureau Investigation investigated these cases with assistance from the U.S. Border Patrol. Assistant U.S. Attorneys Kirk Williams, Mark Saltman and Christopher S. McNair are prosecuting these cases.

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ALBUQUERQUE – An Albuquerque man has been sentenced to 200 months in prison for a violent crime spree that included a series of armed robberies and assaults across New Mexico, culminating in the carjacking and shooting of a 62-year-old veteran.

There is no parole in the federal system.

According to court documents, on November 12, 2021, Procopio Montoya Atkinson, 26, robbed a Dollar General store in Northwest Albuquerque. Atkinson feigned a cash purchase of flavored water, and when the female cashier opened the register to give him change, he reached over the counter to take the money. When she shut the drawer, Atkinson escalated his actions by walking behind the counter and demanding money while pointing a firearm at her. Atkinson discharged the firearm toward the ceiling, causing panic. The manager complied with Atkinson’s demands as he began a verbal countdown. Ultimately, Atkinson took $192 from the register and fled.

The crime spree continued on December 6, 2021, when Atkinson shoplifted clothing and an entire display case full of pocketknives from a Love's Travel Stop in Belen. Atkinson was confronted by two female employees outside and physically assaulted them while attempting to hit them with his vehicle. Just three days later, on December 9, Atkinson assaulted another female employee at a Walmart in Belen after loading a cart with clothing and tools.

Atkinson approaching the display case full of pocketknives.

Atkinson picking up the display case full of pocketknives.

The discarded display case.

On December 13, law enforcement obtained an arrest warrant for Atkinson related to the armed robbery from November 12. On December 17, members of the U.S. Marshals Service fugitive task force established surveillance on his home for his arrest. As they moved in to apprehend him at a gas station, Atkinson displayed awareness of their presence by retrieving binoculars to monitor law enforcement movements. Atkinson drove toward one task force officer while pointing a pistol at him before abandoning his pursuit when backup arrived.

The crime spree culminated on December 20 when John Doe 3 was driving alone in his vintage Chevrolet truck with his wife and daughter following behind in another vehicle. They were stopped at a traffic light when Atkinson approached John Doe 3’s wife and daughter with a pistol and demanded they exit their vehicle. After they refused to open their doors, Atkinson turned his attention to John Doe 3's truck, a beautifully restored ’62 Chevrolet. He opened the passenger door and, after a brief struggle, shot John Doe 3 in the back.

A photo of the scene.

Responding officers successfully blocked the truck in following an unsuccessful escape attempt by Atkinson and John Doe 3 was airlifted to the hospital.

John Doe 3 survived his injuries, but the emotional toll of that day has left lasting scars; he experiences ongoing pain and anxiety whenever near that intersection or driving through similar situations, and his beloved truck now sits dormant.

Upon his release from prison, Atkinson will be subject to five years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the United States Marshal Service, Belen Police Department, Bernalillo County Sheriff’s Office, Albuquerque Police Department, Rio Rancho Police Department and the New Mexico State Police. Assistant U.S. Attorney Timothy Trembley is prosecuting the case.

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ALBUQUERQUE – An Arizona woman has been charged by indictment on multiple counts of abandonment and abuse of a child for allegedly placing three girls in a dangerous situation earlier this year.

Avedale Johnson, 40, an enrolled member of the Navajo Nation, appeared before a federal judge last week and was placed on conditions of release pending trial.

According to the indictment, on May 4, 2024, Johnson is accused of putting Jane Doe 1, Jane Doe 2, and Jane Doe 3—three children under the age of 18—at significant risk of harm by placing them in a situation that could have endangered their lives and health.

If convicted, Johnson faces up to three years in prison.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.

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

ALBUQUERQUE – A Zuni man was charged by indictment with voluntary manslaughter after a confrontation at a residence in Zuni escalated into violence.

Joey Luarkie, 24, an enrolled member of the Zuni Pueblo, appeared before a federal judge today and will remain in custody pending trial, which has not been scheduled.

According to court records, on Feb. 4, 2024, Luarkie was at the home of Jane Doe in Zuni when her boyfriend, John Doe, arrived. Jane Doe and John Doe went outside and argued for a short time before John Doe entered the residence to get some belongings. Luarkie followed John Doe and Jane Doe into her bedroom, where a physical altercation allegedly ensued, and Luarkie allegedly stabbed John Doe in the throat.

John Doe exited the residence and collapsed in the front yard, where responding officers from the Zuni Police Department found Jane Doe performing CPR on him. John Doe was transported to Zuni Health Center before being life-flighted to the University of New Mexico in Albuquerque where he underwent two emergency surgeries.

Luarkie initially faced charges of assault with a dangerous weapon and assault resulting in serious bodily injury, but after John Doe died from his injuries, prosecutors upgraded the charges to voluntary manslaughter through an indictment.

If convicted, Luarkie faces a maximum of 15 years in prison.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.

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

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ALBUQUERQUE – A Farmington man pleaded guilty in federal court to second degree murder and assault resulting in serious bodily injury after he fired a shotgun into a group of people, resulting in one death and one serious injury.

According to court documents, on September 5, 2021, Hanson Tsosie, 33, an enrolled member of the Navajo Nation, fired a shotgun into a group of people near Nenahnezad, New Mexico, killing Jane Doe 1 and seriously injuring Jane Doe 2.

Hanson will remain in custody pending sentencing, which has not yet been scheduled. At sentencing, Hanson faces a range of eight to 25 years in prison, followed by five years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Mark A. Probasco and Matthew J. McGinley are prosecuting the case.

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ALBUQUERQUE – Following a week-and-a-half-long trial and less than four hours of deliberation, a federal jury convicted an Arizona man on multiple charges for orchestrating a fraudulent investment scheme. The charges included 17 counts of wire fraud, 12 counts of mail fraud, and two counts of engaging in monetary transactions involving property derived from specified unlawful activity.

According to court documents and evidence presented at trial, over an eight-year period from 2014 to 2021, John Lopez, 73, engaged in a fraudulent investment scheme through his company, Personal Money Management Company (PMMCO). Lopez claimed to have developed a sophisticated algorithm for trading stocks and bonds that had generated above-market returns and guaranteed high annual returns of 10 to 19 percent. He misled clients, many of whom live in northern New Mexico, by stating that their money was primarily invested in stocks and bonds when, in fact, he used it to purchase precious metals. Lopez even offered one investment with a purported 42% annual rate of return over 20 years.

Lopez received approximately $19.4 million from clients. Instead of investing this money as promised, he allocated about $13.3 million to buy precious metals and disbursed around $6.1 million to clients as part of a Ponzi scheme, falsely representing these payouts as investment gains. Throughout the scheme, Lopez provided clients with fake account statements indicating that their investments had grown substantially. When government agents seized PMMCO’s assets in November 2021, they found that the asset’s total value was less than $15 million, despite Lopez claiming client accounts were worth approximately $39 million.

After the asset seizure, Lopez continued to court new clients, persisted in falsely representing a history of producing above-market returns, and kept generating deceptive account statements.

Although prosecutors sought the defendant to be remanded into custody following his convictions, the Court ordered that Lopez remain on conditions of release pending sentencing, which has not been scheduled. At sentencing, Lopez faces up to 20 years in prison.

There is no parole in the federal system.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The FBI Albuquerque Field Office and the U.S. Marshals Service investigated this case. The U.S. Attorney’s Office for the District of New Mexico is prosecuting the case.

The U.S. Attorney’s Office brought a separate civil forfeiture action on April 15, 2022, seeking to forfeit assets seized in November 2021. Litigation in the civil proceeding is ongoing.

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ALBUQUERQUE – A Colorado man was sentenced to three years of probation and ordered to pay $242,210 in restitution for defrauding a nonprofit organization funded by federal agencies, in a scheme that resulted in over $240,000 in fraudulent payments.

According to court documents, Jeffrey Ham, 47, owned Timberline Environmental, LLC, an environmental restoration company. Ham’s co-defendant James Matison worked as the Program Director at WildEarth Guardians, a nonprofit organization whose goal is to protect and restore wildlife, natural resources, and ecosystems of the American west. WildEarth Guardians relies on funding primarily through grants that it receives either directly from federal agencies, such as the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Interior (DOI), or indirectly via the State of New Mexico or other not-for-profit organizations.

Between February 2015 and April 2019, Ham conspired with Matison to generate and submit fraudulent invoices from Timberline Environmental for payment by WildEarth Guardians. These invoices were for hours not actually worked, and expenses not actually incurred.

To facilitate the scheme, Ham provided Matison with pre-signed blank checks from Timberline's account. Matison used these checks to transfer fraudulently obtained funds to accounts under his control, including an account associated with an Arizona company called Euro-American Development.

Prior to his arrest, Ham had attempted to make restitution by arranging an anonymous gift to WildEarth Guardians through his attorney.

Matison pled guilty to conspiracy to commit wire fraud and money laundering and remains on conditions of release pending sentencing, which is currently scheduled for October 31, 2024. At sentencing, Matison faces up to twenty years in prison and up to $250,000 in fines.

U.S. Attorney Alexander M.M. Uballez and the Department of the Interior (DOI) Office of Inspector General, and the Environmental Protection Agency (EPA) Office of Inspector General made the announcement today.

The Environmental Protection Agency Office of Inspector General and the Department of the Interior Office of Inspector General investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.

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ALBUQUERQUE – Two Mexican nationals are facing federal charges for allegedly attempting to traffic a machinegun, rifles, and a grenade into Mexico.

Fernando Espino-Ortiz and Perla Janeth Ruiz-Lozano appeared before a federal judge today.  Espino will remain in custody and Ruiz will be released on conditions pending trial, which has not been scheduled.

According to the criminal complaint, on September 25, 2024, Espino and Ruiz allegedly traveled from Mexico to Albuquerque to illegally purchase firearms, including a machinegun, three rifles, and a grenade from an undercover ATF agent. The defendants brought $100,000 in cash to exchange for the weapons.

During the transaction, Espino took possession of the weapons and loaded them into a vehicle, stating they were to be transported back to Mexico. Both defendants were arrested at the scene.

If convicted of the current charges, Espino and Ruiz each face up to 15 years in prison.

U.S. Attorney Alexander M.M. Uballez, Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations (HSI) El Paso made the announcement today.

The ATF and HSI jointly investigated this case with assistance from the New Mexico State Police. The U.S. Attorney’s Office for the District of New Mexico is prosecuting the case.

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

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

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ALBUQUERQUE – A Mentmore man was sentenced to 63 months in federal prison for federal firearms offenses following a domestic violence incident during which he assaulted his wife and kidnapped their four children.

There is no parole in the federal system.

According to court documents, on the morning of September 23, 2021, Rumaldo Peshlakai's wife reported to the Navajo Nation Police Department that she had been assaulted by Peshlakai, 43, an enrolled member of the Navajo Nation. He then fled their home with their four children, ages 10, 7, 5, and 2, in his wife’s vehicle. The wife informed police that Peshlakai was likely under the influence of alcohol and cocaine, armed with a firearm, and had threatened to shoot officers if they attempted to stop him.

A multi-agency search ensued, involving the Navajo Nation Police Department, FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Marshals Service. Peshlakai evaded law enforcement for several hours, traversing over six miles on foot and at one point hiding the children in a drainage culvert. Along the way, Peshlakai buried the firearms under a tree along the path they walked and covered the hole with leaves and branches in an attempt to conceal them. Peshlakai eventually left the children at his mother’s home in Fort Defiance, Arizona, before turning himself in the next day, on September 24, 2021.

Following Peshlakai’s arrest, with the assistance of a specially-trained K-9 gun-sniffing canine, law enforcement recovered three firearms – two handguns and a rifle – that he had buried during his escape. As a previously convicted felon – including a prior federal conviction for being a felon in possession of firearms and ammunition, Peshlakai was prohibited from possessing firearms or ammunition.

Upon his release from prison, Peshlakai will be subject to three years of supervised release. He was also ordered to forfeit the firearms and ammunition, which included a Glock 19 9mm handgun, a Phoenix Arms .25 Automatic Colt pistol, a Marlin .22 caliber rifle, and various calibers and brands of ammunition.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Police Department and Department of Criminal Investigations investigated this case with assistance from the FBI Phoenix Field Office, United States Marshals Service, New Mexico State Police, McKinley County Sheriff's Office and Bernalillo County Sheriff's Office. Assistant U.S. Attorneys Alexander F. Flores and Kimberly Bell are prosecuting the case.

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ALBUQUERQUE – An Ohkay Owingeh man pleaded guilty in federal court to assault resulting in serious bodily injury after shooting John Doe.

According to the plea agreement, on June 28, 2023, Robert Abeyta, 51, an enrolled member of the Pueblo of Ohkay Owingeh, confronted John Doe at Doe's residence while armed with a pistol. Abeyta threatened John Doe with the firearm before shooting him multiple times in the upper body. John Doe suffered gunshot wounds to his cheek, neck, shoulder, and chest.

Abeyta will remain on conditions of release pending sentencing, which has not yet been scheduled. At sentencing, Abeyta faces seven to 10 years in prison. Upon his release from prison, Abeyta will be subject to up to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez made the announcement today.

The Bureau of Indian Affairs investigated this case with assistance from the Ohkay Owingeh Police Department and Santa Clara Police Department. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.

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ALBUQUERQUE – An Arizona man pleaded guilty in federal court today to charges of involuntary manslaughter and assault resulting in serious bodily injury, admitting to causing a fatal three-vehicle crash.

According to the plea agreement, Olan Jumbo, 31, an enrolled member of the Navajo Nation, admitted that on November 26, 2022, shortly after midnight, he caused a three-vehicle crash in Navajo, New Mexico while driving under the influence of alcohol. Jumbo was speeding when he collided with a vehicle driven by Jane Doe, with John Doe as a passenger. As a result of the collision, Jane Doe suffered fatal injuries, while John Doe sustained serious bodily harm.

At sentencing, Jumbo faces up to 10 years in prison. Upon his release from prison, Jumbo will be subject to up to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.

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ALBUQUERQUE – A Datil man previously prohibited from filing liens without court approval, was sentenced to 27 months in prison for retaliating against a federal employee by filing a fraudulent $20 million lien in Catron County.

There is no parole in the federal system.

According to court documents, on November 28, 2022, Trapper Killsmany, 68, formerly known as David Goldsmith, filed a fraudulent $20 million lien with the Catron County Clerk's Office against several individuals, including a federal employee. The liens were determined to be false, as the listed debtors had no financial relationship or obligations to Killsmany.

Killsmany's actions were in retaliation for the termination of certain Social Security Administration benefits. Killsmany operated a Facebook page titled "Truth for Trapper Killsmany," where he openly stated that the purpose of the liens was to expose alleged frauds and criminal activities by government employees.

Killsmany had previously been prohibited by a United States District Court in Alaska from filing liens without court approval. In his plea agreement, Killsmany admitted he was aware of the fraudulent nature of his actions.

Upon his release from prison, Killsmany will be subject to 2 years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Albuquerque Field Office investigated this case with the assistance of Catron County Sheriff’s Office and the Social Security Administration. Assistant U.S. Attorney Ry Ellison is prosecuting the case.

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ALBUQUERQUE – A Shiprock man pleaded guilty today in federal court to assault resulting in serious bodily injury after slicing another man's throat during a gathering.

According to court documents, on September 10, 2022, Darron Smith, 24, an enrolled member of the Navajo Nation, was attending a small gathering at an apartment within the Navajo Nation reservation. Shortly after midnight, without warning or provocation, Smith removed a 7.5-inch blade from a knife block and sliced the throat of John Doe.

Doe was rushed to the emergency room and hospitalized. He suffered a 5 ½ inch laceration on his neck which required 13 sutures.

At sentencing, Smith faces up to ten years in prison. Upon his release from prison, Smith will be subject to up to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant U.S. Attorneys Matthew J. McGinley and Mark A. Probasco are prosecuting the case.

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ALBUQUERQUE – A U.S. Customs and Border Protection Officer was sentenced 20 months in prison for violating the civil rights of a U.S. citizen and falsifying records in a federal investigation.

There is no parole in the federal system.

According to court documents and evidence presented at trial, on June 18, 2019, while working as a U.S. Customs and Border Protection Officer at the Columbus Port of Entry, Oscar Orrantia, 38, encountered John Doe, a 63-year-old U.S. citizen. When John Doe complained about the heat while at the port of entry, Orrantia became angry and unjustifiably extracted John Doe from his vehicle and performed a “take-down” where he threw John Doe into a side barrier, which resulted in John Doe hitting his head. John Doe sustained bruising to his body and head as a result.

After this altercation, Orrantia placed John Doe in handcuffs and took him inside the facility. In his own words, Orrantia justified his actions to another officer by stating that he believed John Doe was “fucking being a dick.” Following the incident, Orrantia wrote an official report filled with false statements in an attempt to evade accountability for his actions.

The incident came to light after John Doe sought legal counsel from the ACLU, which subsequently filed a lawsuit against Orrantia and U.S. Customs and Border Protection. This lawsuit prompted the U.S. Customs and Border Protection's Office of Professional Responsibility to review the incident and consult with the U.S. Attorney's Office regarding potential criminal charges.

The investigation uncovered a troubling pattern of misconduct by Orrantia. At least two other individuals made allegations of improper behavior during inspections at the Columbus Port of Entry, occurring in August 2019 and June 2020. Additionally, Orrantia was involved in a separate incident at a Border Patrol checkpoint in August 2018, where he disregarded proper procedures and his colleagues' authority.

Orrantia's past disciplinary records indicate that he had previously faced consequences for the August 2018 incident, as well as for another incident in May 2020 involving unauthorized visitors and dishonesty during an administrative investigation.

Orrantia was convicted by a federal jury of one count of deprivation of a right and one count of falsification of records in December 2023.

Upon his release from prison, Orrantia will be subject to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Rosa P. Mendez-Mier, Special Agent in Charge of Customs and Border Protection, Office of Professional Responsibility in El Paso, Texas, made the announcement today.

This case was investigated by Customs and Border Protection Office of Professional Responsibility (CBP OPR) with assistance from the Federal Bureau of Investigation, CBP Law Enforcement Safety & Compliance Less Lethal Training Branch, CBP Office of Assistant Chief Counsel, Department of Homeland Security, Office of Inspector General (DHS OIG) and the United States Marshals Service. Assistant U.S. Attorneys Marisa Ong and Eliot Neal prosecuted this case.

# # #

ALBUQUERQUE – A Zuni Pueblo man was charged by criminal complaint with federal firearms violations following a drive-by shooting that occurred on the Pueblo of Zuni Indian Reservation.

Devin Wyaco, 33, an enrolled member of the Pueblo of Zuni, appeared before a federal judge today and will remain in custody pending trial, which has not been scheduled.

According to the criminal complaint, on September 19, 2024, John Doe and his girlfriend were riding their bikes in Zuni, New Mexico when they noticed a white sedan with tinted windows drive past them, going in the same direction as them. The sedan then did a U-turn and stopped before driving back towards them. As the vehicle passed them, one shot was fired from the passenger side, striking John Doe in his abdomen.

John Doe was transported via ambulance first to Zuni Hospital, then to University of New Mexico Hospital. When he was later interviewed by investigators, John Doe identified the vehicle as belonging to Wyaco’s girlfriend.

Investigators executed a federal search warrant on Wyaco’s girlfriend’s residence. There, they spoke to Wyaco’s girlfriend, who stated she had been in the vehicle with Wyaco at the time of the shooting. Wyaco’s girlfriend told investigators that he had fled and was still in possession of the firearm.

If convicted, Wyaco faces a minimum of 10 years in prison.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Zachary C. Jones is prosecuting the case.

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

# # #

ALBUQUERQUE – A Farmington man was charged by indictment for carjacking incident in 2022 in Fruitland, New Mexico.

Myles Cordelle Dan Padilla, 32, an enrolled member of the Navajo Nation, appeared before a federal judge and will remain in custody pending trial, which is set for November 12, 2024.

According to the indictment, on April 10, 2022, Padilla took a motor vehicle from John Doe by force. During the incident, Padilla discharged a firearm. Padilla is prohibited by federal law from handling or possessing firearms or ammunition due to his previous felony convictions, which include breaking and entering, battery upon a peace officer, and battery against a household member.

If convicted of the current charges, Padilla faces not less than 10 years and up to life in prison.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorney Mark A. Probasco is prosecuting the case.

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

# # #

ALBUQUERQUE – A Los Lunas man was sentenced to 15 months in prison for shooting at a family friend with a shotgun following a dispute.

According to court records, on December 14, 2023, Vincent Jerome Martinez opened fire on a family friend with a 12-gauge shotgun when the victim arrived to give a ride to Martinez's grandmother and her granddaughters. Martinez exited his residence, pointed the shotgun at the victim, and yelled "I'm going to kill you!" before discharging the firearm multiple times. The victim fled the scene in his vehicle.

The incident stemmed from a verbal altercation the previous night after the victim refused to take Martinez to purchase alcohol.

As police responded, Martinez attempted to conceal the shotgun under railroad ties behind a metal shed. He was apprehended shortly after and initially denied having a weapon, despite shotgun shells falling from his pockets. During a subsequent interview, Martinez admitted to the shooting.

Martinez will be subject to three years of supervised release and was ordered to pay a $3,900 fine.

U.S. Attorney Alexander M.M. Uballez made the announcement today.

The Bureau of Indian Affairs investigated this case with assistance from the Isleta Police Department. Assistant United States Attorney Jesse Pecoraro is prosecuting the case.

# # #

ALBUQUERQUE – An Albuquerque man was sentenced to 12 years and one day in prison for a violent crime spree that included two carjackings at gunpoint, an attempted bank robbery, and a high-speed chase with law enforcement.

There is no parole in the federal system.

According to court documents, on the evening of January 8, 2019, Charles Chavez, 33, approached a home on Gold Ave SW, rang the doorbell, and asked the homeowner to use the telephone. When the homeowner refused, Chavez brandished a loaded rifle and demanded the keys to the homeowner's truck. Fearing for his life, the homeowner complied, and Chavez fled in the truck.

Shortly after, Chavez abandoned the stolen vehicle at a gas station located at 511 Bridge Blvd SW. There, he encountered E.E., who was refueling his vehicle. Chavez, armed with the same rifle, threatened E.E. and his passengers, demanding the keys to the vehicle. E.E. handed over the keys, and Chavez forcibly took the vehicle, leaving behind the first stolen truck.

Chavez continued his crime spree at a Wells Fargo ATM near Rio Bravo Blvd SW, where he blocked in a vehicle occupied by A.B. and V.E. Chavez pointed the rifle at the pair and demanded money. When they could not produce any cash, Chavez ordered them to withdraw funds from the ATM. His attempt to rob the victims was interrupted when a Bernalillo County Sheriff’s Deputy arrived at the scene and ordered Chavez to surrender.

Instead of complying, Chavez shouted expletives and fled in the stolen vehicle, initiating a high-speed chase. Driving at speeds of up to 100 mph, Chavez ultimately crashed the vehicle and attempted to flee on foot, still armed with the rifle. Deputies gave repeated commands for Chavez to surrender, but he refused, threatening officers and indicating he might shoot himself. Even after placing the rifle down, Chavez kept it within arm’s reach and continued to resist arrest. Deputies were forced to deploy non-lethal beanbag rounds and a K-9 unit to finally apprehend him.

Upon his release from prison, Chavez will be subject to five years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Albuquerque Police Department and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorney Niki Tapia-Brito prosecuted the case as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.

# # #

ALBUQUERQUE – Five young men face federal charges for allegedly running a firearms and drug trafficking operation that utilized social media platforms to sell machine gun conversion devices and cocaine.

The indictment alleges that from approximately February 13, 2024, to July 2024, Micah Maestas, 19, Dominic Ramirez, 20, Daniel Garcia, 18, and Oscar Ruiz Salmeron, 19, engaged in a conspiracy to illegally sell firearms, including machine gun conversion devices, and distribute cocaine in Bernalillo County. Jesus Ruiz Salmeron, 19, is accused of unlawfully possessing a machinegun.

The defendants allegedly used social media platforms such as Instagram and Telegram to advertise and negotiate the sale of firearms. They are accused of transporting firearms to meet buyers and completing sales for cash. Specifically:

• On February 13, 2024, Maestas, Ramirez, and Garcia allegedly distributed cocaine.
• On March 1, 2024, Maestas, Ramirez, and Garcia sold a Glock 30 .45 caliber pistol with a machine gun conversion device to an undercover officer for $1,200, distributed cocaine, and used a firearm in furtherance of drug trafficking.
• On May 2-3, 2024, Ramirez and Garcia sold a Glock 19x with a machine gun conversion device for $1,300, distributed cocaine, and used a firearm in furtherance of drug trafficking.
• On May 9, 2024, Maestas, Ramirez, and Oscar Ruiz Salmeron sold a Diamondback firearm 300 blackout caliber rifle for $1,100, distributed cocaine, and used a firearm in furtherance of drug trafficking.
• On or before June 13, 2024, Jesus Ruiz Salmeron possessed and transferred a machinegun.
• On July 3, 2024, Maestas possessed and sold a Glock 19 9mm pistol with a machine gun conversion device for $1,300. The machine gun conversion device in this incident was described as “invisible,” fitting flush with the back of the firearm, whereby evading potential law enforcement detection.

Garcia will remain in custody pending trial. Maestas will remain in custody pending a detention hearing, which is currently scheduled for September 24, 2024. Ramirez and the Salmeron brothers have been ordered to reside in a halfway house pending trial, which is currently scheduled for November 4, 2024.

If convicted, Garcia, Maestas, Ramirez and Oscar Ruiz Salmeron face a mandatory minimum of five years in prison up to life in prison for possession of a firearm during and in relation to a drug trafficking crime. Jesus Ruiz Salmeron faces up to 10 years in prison for possession of a machine gun conversion device.

U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.

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

# # #

ALBUQUERQUE – A husband and wife have pleaded guilty to federal charges for working together to steal over $10,000 from a local business on the Isleta Pueblo.

According to the plea agreements, on February 4, 2023, Eva Mae Hernandez and Frank Joe Hernandez drove to Chical Haystack, a general store located within the Isleta Pueblo. Eva acted as a lookout while Frank entered a restricted area of the store and stole $7,275.50 in cash and a check for $3,134.80 from the store’s safe. The couple was in the store for approximately five minutes before fleeing with the stolen funds.

At sentencing, each faces up to five years in prison. They must also make restitution to Chical Haystack for the money they worked together to steal. Upon their release from prison, Eva and Frank will be subject to up to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez made the announcement today.

The Isleta Police Department investigated this case with assistance from the Belen Police Department. Assistant United States Attorney Zachary Jones and Brittany DuChaussee are prosecuting these cases.

# # #

ALBUQUERQUE – A Dulce man is charged by federal prosecutors with kidnapping, strangulation, and assault against his intimate partner.

The indictment alleges that on April 7 and April 8, 2024, Kayiliab Haines, 33, an enrolled member of the Jicarilla Apache Indian Tribe, unlawfully kidnapped and held Jane Doe, his intimate partner, and strangled and suffocated her.

The indictment also alleges that on March 23, 2012, Haines assaulted Jane Doe and the assault caused serious bodily injury.

Haines will remain in custody pending trial, which has not yet been scheduled.

If convicted, Haines faces up to 10 years in prison for the assaults and any term of years up to life in prison for the kidnapping.

U.S. Attorney Alexander M.M. Uballez made the announcement today.

The Jicarilla Apache Police Department investigated this case. Assistant United States Attorney Meg Tomlinson is prosecuting the case.

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

# # #

ALBUQUERQUE – An Albuquerque man was sentenced to 40 months in prison for devising and operating a tax evasion scheme and ordered to pay over $5.5 million in restitution.

There is no parole in the federal system.

According to court records, in January 2005, David Wellington and Stacy Underwood founded National Business Services, LLC in New Mexico, specializing in creating LLCs for clients seeking to "beat the IRS" by evading taxes. Wellington focused on marketing and client development, while Underwood managed corporate filings and bank accounts.

The company obtained Employer Identification Numbers (EINs) for clients and opened bank accounts under Underwood's sole signature authority. From 2005 to 2015, they created 192 LLCs and opened 114 bank accounts, with approximately $41.7 million deposited into accounts under Underwood’s control, representing concealed income.

One notable client, Jerry Shrock, had three LLCs formed by National Business Services while undergoing an IRS audit. Despite the audit, Shrock transferred his home into one of the LLCs to shield it from the government. Between 2011 and 2015, he deposited nearly $4.9 million into a bank account opened for one of his LLCs, concealing over $4.3 million in income without ever filing tax returns.

Stacy Underwood pleaded guilty to conspiracy to defraud the United States and remains on conditions of release pending sentencing, which has not been scheduled. Under the terms of her agreement, Underwood faces up to 5 years in prison followed by up to 3 years of supervised release.

Jerry Shrock pleaded guilty to conspiracy to defraud the United States and was sentenced to 5 years’ probation and ordered to pay $1,542,769.70 in taxes, interest, and penalties.

Upon his release from prison, Wellington will be subject to three years of supervised release and is prohibited from ever running any business advising clients or dealing with the IRS.

U.S. Attorney Alexander M.M. Uballez and Carissa Messick, Acting Special Agent in Charge, IRS Criminal Investigation, made the announcement today.

IRS Criminal Investigation investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.

# # #

ALBUQUERQUE – An Albuquerque man was charged by federal prosecutors with sexual abuse of a minor.

The indictment alleges that between January 2022 and May 2023, Joseph Arquero, 50, an enrolled member of Isleta Pueblo, engaged in or attempted to engage in a sexual act with a child that had not yet attained the age of 12 years.

Arquero will remain on conditions of release in the third-party custody of La Pasada Halfway House pending trial, which has not yet been scheduled.

If convicted, Arquero faces 30 years to life in prison.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The FBI Albuquerque Field Office investigated this case with assistance from the Isleta Police Department. Assistant United States Attorney Meg Tomlinson is prosecuting the case.

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

ALBUQUERQUE – A Dulce man was sentenced to 11 years in federal prison for sexually assaulting an unconscious 16-year-old girl and photographing the abuse.

According to court documents, on May 26, 2022, Willard Dedios, 60, an enrolled member of the Jicarilla Apache Tribe, sexually assaulted the minor victim, who was intoxicated, at his home in Dulce, New Mexico. After the victim lost consciousness, Dedios sexually assaulted her and took explicit photographs of the abuse. The victim briefly regained consciousness during the assault but was unable to stop it before passing out again.

Upon his release from prison, Dedios will be subject to 10 years of supervised release and must register as a sex offender.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Jicarilla Apache Police Department. Assistant United States Attorneys Alexander F. Flores and Zachary Jones are prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.

# # #

ALBUQUERQUE – A Standing Rock man charged by federal prosecutors for the fatal shooting of a woman during a confrontation at his home pleaded guilty today to involuntary manslaughter and assault with a dangerous weapon.

According to court documents, on December 30, 2023, Sonny Hannah, 75, an enrolled member of the Navajo Nation, was confronted by Jane Doe 1 outside Hannah’s residence on the Navajo Nation because her car had been broken into while it was parked behind his residence. Hannah became defensive and threatened Jane Doe 1.

Jane Doe 1 walked away and returned to her car. A short time later, Hannah exited his house with a rifle and threatened to shoot Jane Doe 1 if she did not leave. When she did not leave, Hannah fired his gun twice in Jane Doe’s direction from 20 to 35 feet away.

Hannah said he intended to shoot above Jane Doe 1’s head to scare her, but at least one gunshot struck and killed her. In his plea agreement, Hannah acknowledged it was unreasonable to shoot in Jane Doe 1’s direction and that he did so without due caution and circumspection, causing her death.

Additionally, Hannah admitted that immediately after shooting Jane Doe 1, while still holding the gun, he physically motioned towards her children to leave. This action gave Jane Doe 2 reasonable fear that Hannah intended to do bodily harm to her with the rifle.

Hannah will remain in a halfway house pending sentencing, which has not yet been scheduled. At sentencing, Hannah faces up to 10 years in prison followed by three years of supervised release. Hannah must also forfeit the rifle used in the crimes.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.

# # #

ALBUQUERQUE – A Las Cruces man was sentenced to the statutory maximum of 10 years in federal prison for trying to hire an undercover ATF agent to murder his girlfriend's mother for $200.

There is no parole in the federal system.

According to court records, between April 10, 2022, and continuing through May 11, 2022, Leif Hayman repeatedly solicited a hitman to murder his girlfriend's mother through the website "rentahitman.com".

Hayman submitted three service requests on the website, providing his own identifying information as well as details about the intended victim, including her physical address and photographs. In his first request on April 10, Hayman stated he wanted to "hurt" the victim, writing "I want her gone now, too much that I don't like about her she's controlling my wife." He submitted additional requests on April 17 and April 20 under different aliases, expressing his desire to have the victim killed. As part of those requests, Hayman wrote “Kill that bitch” and “I fucking hate her so much I want her gone now.”

Between April 20 and May 2, Hayman sent numerous follow-up emails to the website expressing impatience with the process. On April 28, he wrote: "You people are fake if u were real someone who have contact me already I can't wait anymore I'm doing it my fucking self thank you for nothing fake people."

The website's owner initially forwarded Hayman's solicitations to local police but did not receive a timely response, resulting in the Bureau of Alcohol, Tobacco, Firearms and Explosives’ involvement. On May 5, an undercover ATF agent contacted Hayman. During a 16-minute recorded conversation, Hayman stated he wanted the victim "gone off the Earth" and “that fucking bitch deserves to die.” When Hayman was informed that the fastest and cleanest way to carry out the murder would be with a gun, Hayman stated “yes, let’s go for it!”  However, after learning that he would have to pay for the gun, Hayman explored other options stating “I have knives . . . I have a rock you can smash her head with multiple times.” 

On May 9, Hayman had another call with the agent, indicating his caretaker would also need to be harmed for him to leave home. Hayman agreed to pay approximately $200 for the murder.

On May 11, the undercover agent went to Hayman's residence, ostensibly to carry out the plan. Hayman emerged with his caretaker, stating "this is part of the deal” in reference to having his caretaker killed.  A scuffle ensued between Hayman and the caretaker, causing the agent to abort the operation.

Upon his release from prison, Hayman will be subject to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.

# # #

ALBUQUERQUE – A Dulce man was sentenced to two years in prison and 15 years of supervised release for the sexual abuse of a 14-year-old girl.

There is no parole in the federal system.

According to court documents, on July 2, 2022, Amadius Archuleta, then 21-years-old, had sex with 14-year-old Jane Doe in an abandoned house on the Taos Pueblo. The investigation determined that Archuleta communicated with Jane Doe on Instagram, arranged to meet with her, provided her with alcohol and marijuana, and then had sex with her. Law enforcement determined that Archuleta knew about the age gap between himself and Jane Doe when he was communicating with her and before engaging in sexual acts with her.

After lengthy plea negotiations, Archuleta pleaded guilty to one count of sexual abuse of a minor.

Upon his release from prison, Archuleta must register as a sex offender.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Taos Pueblo Department of Public Safety. Assistant United States Attorneys Alexander F. Flores and Zachary Jones prosecuted this case as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.

# # #

ALBUQUERQUE – An Albuquerque man was sentenced to 14 days in prison and three years of supervised release for a violent family dispute that escalated into a near-fatal stabbing.

According to court records, on the morning of December 9, 2022, Eric Watson, 23, an enrolled member of the Navajo Nation, confronted a family member outside of a residence in Tohatchi, New Mexico. The confrontation escalated to a physical altercation and Watson’s uncle, John Doe, stepped in to stop the fight. Watson and John Doe began to fight instead, and John Doe’s parents stepped in to stop that fight. John Doe then went inside of the residence to Watson’s bedroom with the intent of destroying Watson’s video game console. Watson then came up behind John Doe and repeatedly stabbed him in the back.

John Doe suffered various injuries from the stabbing including a collapsed lung, other stab wounds to the upper back and neck area, and one stab wound inches away from his spinal cord.

Watson will be subject to 3 years of supervised release with special conditions requiring his residence at a residential reentry facility for up to 180 days, treatment for substance abuse and mental health, and 40 hours of community service.

U.S. Attorney Alexander M.M. Uballez made the announcement today.

The Navajo Police Department and the Navajo Department of Criminal Investigation investigated this case. Assistant United States Attorney Mark A. Probasco prosecuted the case.

# # #

A former New Mexico sheriff’s deputy was sentenced today to nine years in prison followed by three years of supervised release and required to register as a sex offender under the Federal Sex Offender Registration and Notification Act for violating the civil rights of a female arrestee and for obstruction of justice.

On April 23, Michael A. Martinez, 34, pleaded guilty to sexually assaulting a female arrestee inside his patrol car and for obstructing justice by attempting to destroy his patrol car’s WatchGuard DVR system, which had recorded footage from his patrol car’s internal cameras of the sexual assault.

“Sexual assaults perpetrated by police officers are heinous crimes and a disgraceful breach of the public’s trust in law enforcement,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant’s misconduct — exploiting the power of his badge, weaponizing his authority as a police officer and sexually assaulting a handcuffed victim in the back of his patrol vehicle — violated the victim’s core civil rights and basic standards of decency. We encourage survivors to come forward and report these crimes to the FBI. The sentence imposed today should send a strong message that the Justice Department will do all it can to hold accountable those who abuse their authority by sexually assaulting people in their custody.”

“Those that wear the uniform are expected to treat members of the public they serve with dignity and respect,” said U.S. Attorney Alexander M. M. Uballez for the District of New Mexico. “This includes protecting the rights of those who are in their custody. When an officer abuses their position, they erode the trust of the community we serve. We will scrupulously investigate, and vigorously prosecute, those who abuse the public trust and then try to cover up their misdeeds. The badge will not shield you from justice.”

“The violation of civil rights is a serious issue, especially when committed by those entrusted with enforcing the law,” said Special Agent in Charge Raul Bujanda of the FBI Albuquerque Field Office. “An officer who betrays their duty to protect and serve undermines the integrity of the entire profession. The FBI will not hesitate to investigate any officer or agent who breaks the laws they are meant to enforce or who infringes on the civil rights of others.”

According to court documents, at the time of the offense, Martinez worked as sheriff’s deputy for the Doña Ana Sheriff’s Office in Doña Ana County, New Mexico. On April 30, 2023, Martinez responded to a car accident and placed the victim under arrest for driving while intoxicated and careless driving. Martinez transported the victim to a medical center and, after the victim received medical clearance, he handcuffed her hands behind her back and put her back inside his patrol car, where he proceeded to sexually assault her. Afterwards, he transported her to the Doña Ana Detention Center.

Several hours later, Martinez attempted to physically destroy his patrol car’s WatchGuard DVR system, which is the patrol car’s internal video camera system that, among other things, records and stores footage from the patrol car’s backseat camera. Martinez, correctly, believed that that the DVR system contained a video recording of him sexually assaulting the victim in the backseat of his patrol car and attempted to destroy and conceal that recording from any future investigation. 

The FBI Albuquerque Field Office, Las Cruces Resident Agency investigated the case, with assistance from the Doña Ana Sheriff’s Office and New Mexico State Police.

Assistant U.S. Attorney Matilda Villalobos for the District of New Mexico and Trial Attorney Laura Gilson of the Justice Department’s Civil Rights Division prosecuted the case.

ALBUQUERQUE – An Albuquerque man was sentenced to 248 months in prison for drug trafficking and firearms offenses after being found in possession of over 500 grams of methamphetamine and two firearms in a stolen vehicle.

There is no parole in the federal system.

According to court documents and evidence presented at trial, on February 22, 2022, Octavio Jimenez-Marquez, 38, was driving a stolen black Dodge Ram pickup truck when he was approached by Albuquerque Police Department officers in the parking lot of an apartment complex. When Jimenez attempted to evade detection by moving from the driver's seat to the truck bed, he was detained.

A search of the vehicle revealed:

• Two large bundles of methamphetamine, weighing a total of 529 net grams
• An unloaded revolver stored with the larger methamphetamine bundle
• A loaded assault rifle in the front passenger seat

Photo of rifle

Photo of bullets

During a subsequent interview, Jimenez admitted to using methamphetamine on the day of his arrest and to handling the firearms found in the vehicle. Photographic evidence from Jimenez’s cell phone further implicated him in the possession of the firearms.

Jimenez selfie with revolver

On April 17, 2024, following a three-day trial, a jury returned a verdict convicting Jimenez of possession with intent to distribute methamphetamine; possession of a firearm by an illegal alien; possessing a firearm in furtherance of a drug trafficking crime; and escape.

Upon his release from prison, Jimenez will be subject to five years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, made the announcement today.

The Drug Enforcement Administration investigated this case with assistance from the Bernalillo County Sheriff’s Department, Albuquerque Police Department, Second Judicial District Attorney’s Office, U.S. Department of Homeland Security Immigration and Customs Enforcement, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Regional Computer Forensics Laboratory. Assistant U.S. Attorneys Louis Mattei and Elaine Y. Ramirez prosecuted the case.

# # #

ALBUQUERQUE – An Albuquerque man was sentenced to three years supervised probation for a drunk driving crash on Santa Ana Pueblo in 2021.  At sentencing, Lionel Medina, 29, an enrolled member of the Zia Pueblo, faced up to 10 years in prison.

According to court documents, on December 1, 2021, Santa Ana Police officers received a report of hit and run involving a white pickup truck on US 550. According to reports, the truck rear-ended an SUV in the eastbound lane before fleeing the scene. Minutes later, officers received a report of a head-on collision involving the same white pickup truck in the westbound lane near mile post 11.

At the scene of the head-on crash, law enforcement found a gray sedan and the white pickup truck, both with severe front-end damage. Medina was found barely conscious in the driver's seat of the truck, smelling of alcohol. Officers discovered multiple alcohol containers in the vehicle.  A blood test taken several hours after the crash revealed Medina's blood alcohol content was 0.22, almost three times the legal limit.

Jane Doe suffered extensive injuries, including multiple fractures to her spine, sternum, shoulder blade, upper arm, thigh bone, and heel.

U.S. Attorney Alexander M.M. Uballez made the announcement today.

The Bureau of Indian Affairs investigated this case with assistance from the Santa Ana Police Department and Sandoval County Sheriff’s department. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.

# # #

ALBUQUERQUE – A Laguna man was indicted by federal prosecutors for allegedly beating and strangling his intimate partner.

The indictment alleges that on August 18, 2024, Kenzie Alonzo, 25, an enrolled member of the Pueblo of Laguna, assaulted Jane Doe, his intimate partner, by beating and strangling her. As a result of the assault, Jane Doe was hospitalized with severe bruising and bite marks on her body as well as a concussion.

Alonzo will remain on conditions of release pending trial, which has not yet been scheduled.

If convicted, Alonzo faces up to 10 years in prison.

U.S. Attorney Alexander M.M. Uballez made the announcement today.

The Bureau of Indian Affairs investigated this case with assistance from the Zia Police Department. Assistant United States Attorney Jesse Pecoraro is prosecuting the case.

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

# # #

ALBUQUERQUE – A Newcomb man was sentenced to three years of supervised probation for assaulting a Navajo Nation Police Department officer following a community meeting during which he threatened tribal officials and later engaged in a confrontation with law enforcement. The Navajo Nation Police Department officer is considered a “federal officer” by virtue of her holding a special law-enforcement cross-commission certification.  

According to court documents, on the morning on June 4, 2023, the Newcomb Community Chapter held a fiscal-planning meeting. About 12 people attended, including tribal officials and community members. During the meeting, Kenneth Lee Begay, 60, an enrolled member of the Navajo Nation, spoke publicly, expressing frustration over homesite leases and grazing rights.

As he spoke, Begay grew increasingly agitated, berating officials and making threats, prompting an official to call the police, at which time Begay left. According to officials, this was the first meeting Begay had attended.

Still image from the Zoom recording of Begay, right.

Still image from the Zoom recording, first depicting Begay yelling at officials.

Officers from the Navajo Police Department arrived at Begay’s residence shortly thereafter to investigate Begay’s threats. Begay accused the officers of trespassing and ordered them off his property. The officers complied and spoke to Begay from beyond his fence line. Begay admitted attending the meeting and threatening officials, so the officers attempted to arrest him. Begay resisted, leading to a confrontation during which officers used pepper spray.

One officer suffered a shoulder separation, multiple abrasions, and was on medical leave for a month. The other officer sustained a shoulder sprain and was on leave for five days. Both received treatment at Northern Navajo Medical Center and have since returned to duty.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.

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ALBUQUERQUE – A Pinehill man pleaded guilty to charges of voluntary manslaughter in connection with a fatal stabbing during a family gathering in Shiprock.

According to court documents, on July 31, 2023, Kirtie Cohoe, 48, an enrolled member of Navajo Nation, attended a gathering at a relative's home in Shiprock, New Mexico. During the event, Cohoe and John Doe were alone in the kitchen when a dispute erupted. Cohoe lost self-control and, instead of walking away, stabbed John Doe multiple times in the torso with a knife.

After the incident, Cohoe fled the scene on foot, taking the weapon with him. Navajo Police Department officers responding to the call found John Doe deceased at the home. Cohoe was later apprehended in a nearby wooded area, with blood visible on his clothing. The weapon was recovered near Cohoe's wallet.

At sentencing, Cohoe faces 15 years in prison. Upon his release from prison, Cohoe will be subject to up to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

This case was investigated by the Farmington Resident Agency of the Federal Bureau Investigation with assistance from the Navajo Police Department and Navajo Nation Department of Criminal Investigations. Assistant United States Attorneys Meg Tomlinson and Mark Probasco are prosecuting the case.

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ALBUQUERQUE – A Santo Domingo man pleaded guilty in federal court to sexually abusing a 14-year-old girl on the Navajo Nation after meeting her online and lying about his age.

According to court documents, Jordian Pacheco, 33, an enrolled member of the Pueblo of Santo Domingo, met Jane Doe on the internet and they began to communicate via phone, email, and social media platforms.

On January 9, 2021, Pacheco drove to Jane Doe's residence, located within the Navajo Nation, when her mother was not home. He then engaged in sexual intercourse and other sexual acts with Jane Doe, knowing she was only 14 years old at the time. Pacheco, who was 29 years old, did not disclose his true age to Jane Doe.

On January 10, 2021, Navajo Police Department (NPD) officers responded to a call from Jane Doe’s mother about a man hiding in Jane Doe's closet. Upon arrival, they found Pacheco, who initially provided false identification and denied any wrongdoing. He was detained and transported to Window Rock Adult Detention Center.

NPD officers located an unknown vehicle outside Jane Doe’s residence and towed it. When they ran the plates, it came back as belonging to Pacheco. Officers spoke to Pacheco again who confirmed that he had given them false identification. He later confessed to engaging in sexual acts with Jane Doe and lying to her about his age during an interview with the FBI.

At sentencing, Pacheco faces 63 to 78 months in prison. Upon his release from prison, Pacheco will be subject to not less than five years and up to life of supervised release and must register as a sex offender.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.

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ALBUQUERQUE – A Shiprock man has pleaded guilty in federal court to a single assault charge related to a brutal attack that left his victim with life-threatening injuries.

According to court documents, on January 1, 2024, Tyrell Jordan Benally, 25, an enrolled member of the Navajo Nation, assaulted Jane Doe at a residence in Shiprock, New Mexico, by repeatedly striking her with a closed fist and strangling her until she lost consciousness. The assault caused Jane Doe to suffer serious bodily injury, including life-threatening injuries from the strangulation.

At sentencing, Benally faces up to 10 years in prison followed by up to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. The United States Attorney’s Office for the District of New Mexico is prosecuting the case.

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ALBUQUERQUE – A Las Cruces man was sentenced to 52 months in prison following his conviction for possessing a pipe bomb and ammunition near a church playground.

There is no parole in the federal system.

According to court documents, on May 31, 2023, Nathan Wallace, 41, was observed in the children’s playground of East Mesa Baptist Church. Wallace was arrested by the Doña Ana County Sheriff's Department after being found in possession of a destructive device and ammunition. Upon questioning, he admitted to possessing a metal pipe containing gunpowder, which was later confirmed to be an operational pipe bomb.

The device was seized by law enforcement and analyzed by a bomb technician, who discovered a fuse inside. Additionally, a search of Wallace's belongings revealed a 20-gauge Winchester AA High Strength shotgun shell, a motion sensor, two cell phones, and various modified batteries and wires, indicating potential explosive device components.

Wallace is prohibited by federal law from handling or possessing firearms or ammunition due to his previous felony convictions, which include multiple counts of forgery and possession of explosive devices.

In his plea agreement, Wallace admitted to knowingly possessing ammunition after being convicted of multiple felonies punishable by imprisonment exceeding one year.

Upon his release from prison, Wallace will be subject to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Dona Ana County Sheriff’s Office. Assistant United States Attorneys Ry Ellison and Christopher McNair prosecuted the case.

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ALBUQUERQUE – A Church Rock man has pleaded guilty in federal court in federal court to charges related to attack on law enforcement officers on the Navajo Nation.

According to court documents, in the early morning of July 22, 2023, the Navajo Police Department (NPD) received reports of a man identified as Elijah Touchine, 24, an enrolled member of the Navajo Nation, walking near his residence, shooting a gun, and threatening to hurt someone. Officers from the NPD and New Mexico State Police responded to the area and came under fire from an unknown direction, prompting them to take tactical action to protect themselves. Law enforcement could hear the bullets whizzing past and striking the ground nearby. They pursued the shooter into a canyon but had to discontinue the search after twelve hours due to dark conditions.

Later that day, the FBI, with assistance from the Gallup Police Department, located Touchine at a local gun store in Gallup, NM. He was taken into custody without incident. During the investigation, it was determined that Touchine had forced his grandmother to purchase ammunition and an AR-15 firearm for him through threats of violence. When asked why he was buying a gun, Touchine replied, “I don’t know, shoot up any cop I see.”

Law enforcement recovered a .40 caliber Taurus handgun and ammunition in a black bag from the trunk of his grandmother’s vehicle.

At sentencing, Touchine faces 12 to 17 years in prison. Upon his release from prison, Touchine will be subject to up to five years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the Federal Bureau Investigation investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigation, New Mexico State Police and Gallup Police Department. Assistant United States Attorney Nicholas Marshall is prosecuting the case.

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ALBUQUERQUE – A Dulce man has been sentenced to 30 years in prison following a trial where evidence revealed that between January 2016 and January 2020, Joel Ruiz, 65, used candy to lure two children under the age of 12 into his trailer on the Jicarilla Apache Reservation, where he sexually assaulted them.

There is no parole in the federal system.

During the trial, Jane Doe 1 testified that Ruiz abused her when she was six or seven years old. The jury also heard from Jane Doe 2, who testified that Ruiz abused her once when she was three or four years old. Both victims described similar methods used by Ruiz to lure them and the abuse they suffered.

Upon his release from prison, Ruiz will be subject to l0 years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Jicarilla Apache Police Department. Assistant United States Attorneys Caitlin L. Dillon and Matthew J. McGinley prosecuted the case.

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ALBUQUERQUE – A restitution hearing has been scheduled for former Roswell Escrow Services, Inc. owner Christopher Adam Jensen-Tanner, 45.

The hearing will take place on September 18, 2024, at 1:30 PM at the U. S. Courthouse located at 100 N. Church Street, Las Cruces, New Mexico 88001.

Jensen-Tanner was previously sentenced to 46-months in prison for wire fraud on July 25, 2024.

This hearing will provide an opportunity for all parties involved to discuss and determine the restitution amounts owed in connection with the recent case.

Jensen-Tanner admitted in his plea agreement that from January 2017 through October 2019, while owning and operating Roswell Escrow Services, Inc., he engaged in a scheme to defraud clients by making false representations. The business involved holding clients' funds for 1031 exchanges and servicing real estate contracts. Jensen-Tanner misrepresented how these funds would be held or spent and used them for personal purposes on numerous occasions.

If you are a victim or potential victim and would like to attend the hearing, please contact Victim Specialist Jacquie Gutierrez at (575) 522-2304 before the date of the hearing for more information.

The Federal Bureau of Investigation and the U.S. Attorney's Office for the District of New Mexico are seeking individuals who may have been victims of a wire fraud scheme involving Jensen-Tanner and Roswell Escrow Services, Inc. (RES) between January 2017 and October 2019.  If you were a client of Jensen-Tanner and/or RES and believe you are a victim, please contact the FBI tipline at 1-800-CALL-FBI (1-800-225-5324) or tips.fbi.gov.

The Roswell Division of the FBI and IRS Criminal Investigation investigated this case with assistance from the Securities and Financial Institutions Divisions of the New Mexico Regulation and Licensing Department. Assistant United States Attorneys Ry Ellison and Richard Williams are prosecuting the case.

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ALBUQUERQUE – A California man was charged by superseding indictment for allegedly engaging in the business of dealing firearms without a license, interstate travel in furtherance of that offense, and conducting unlawful financial transactions to promote the scheme.

Brian Joseph, 52, appeared before a federal judge and will remain on conditions of release pending trial, which has not been scheduled.

According to the indictment, between October 15, 2021, and November 29, 2022, Joseph allegedly engaged in the business of dealing firearms in Bernalillo County and elsewhere without being a licensed firearms dealer. To achieve this, Joseph traveled from California to New Mexico on multiple occasions to acquire firearms and resell them at a profit in California.

In addition to the firearms charges, Joseph is accused of conducting financial transactions involving proceeds from the unlawful firearms dealings. Specifically, Joseph allegedly executed electronic fund transfers from Wescom Credit Union to PNC Bank on various dates in 2022 totaling $6,684.80.

If convicted, Joseph faces up to 20 years in prison.

U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. The United States Attorney’s Office for the District of New Mexico is prosecuting the case.

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

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ALBUQUERQUE – A Bloomfield man pleaded guilty in federal court to charges related to a July 4th domestic abuse incident.

According to publicly available court documents, on July 4, 2024, Deshaun Begay, 20, an enrolled member of the Navajo Nation, repeatedly assaulted Jane Doe by biting, punching and kicking her, and using dog leash, a dumbbell and a chain with a lock on it. As a result of the assault, the victim suffered serious bodily injuries, including scalp lacerations and fractures to her nasal bone and eye socket.

The Court ordered that Begay remain in custody pending sentencing, which has not been scheduled.

At sentencing, Begay faces up to 10 years in prison followed by to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department, the Navajo Nation Department of Criminal Investigations. Assistant United States Attorney Mark A. Probasco is prosecuting the case.

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ALBUQUERQUE – An Albuquerque man pleaded guilty in federal court to mail and wire fraud charges stemming from a scheme exploiting CARES Act provisions.

According to publicly available court documents, between April 2020 and October 2020, Pholopater Faltas, 26, submitted fraudulent unemployment insurance applications to the New Mexico Department of Workforce Solutions in the names of at least eight individuals. To that end, Faltas solicited personally identifying information from these individuals, falsely promising to access benefits on their behalf. The fraudulent applications contained materially false statements to ensure approval and allowed Faltas to control the disbursed funds.

As a result of this scheme, the New Mexico Department of Workforce Solutions disbursed at least $66,867 in unemployment benefits, which Faltas controlled through debit cards and bank accounts. Faltas misled the purported applicants about their eligibility and retained the majority of the funds for himself.

In his plea agreement, Faltas acknowledged that the offenses were related to the federal CARES Act, enacted in response to the COVID-19 pandemic, and involved the use of interstate mailings and wire communications.

The Court ordered that Faltas remain on conditions of release pending sentencing, which has not been scheduled.

At sentencing, Faltas faces up to 30 years in prison followed by to five years of supervised release and a fine not to exceed $1 million.

U.S. Attorney Alexander M.M. Uballez made the announcement today.

The United States Secret Service - Albuquerque Resident Office and the Bernalillo County Sheriff’s Office investigated this case with assistance from the Department of Labor – Office of the Inspector General. The U.S. Attorney’s Office for the District of New Mexico prosecuted the case.

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ALBUQUERQUE – The United States Attorney's Office has filed federal charges against Zachary Babitz in connection with a fatal shooting and carjacking that occurred on August 6, 2024, in Santa Fe, New Mexico. The charges include carjacking and discharging a firearm in furtherance of a crime of violence.

Babitz, 38, appeared before a federal judge today and will remain in custody pending a detention hearing which is scheduled for August 20, 2024.

According to the criminal complaint, on the morning of August 6, Santa Fe Police Department (SFPD) officers responded to a call reporting a shooting in the parking lot of Best Buy, located at 3533 Zafarano Dr. Upon arrival, officers found a male victim with a gunshot wound to the chest. Despite life-saving efforts by medics, the victim was pronounced dead at the scene.

Witnesses provided cellphone videos and photographs of the incident, while surveillance footage from nearby businesses, including Famous Footwear and Panera Bread, captured the suspect, later identified as Babitz, approaching the victim and engaging in a physical altercation before the shooting. Babitz was seen leaving the scene in the victim's Jeep Grand Cherokee, which was later reported stolen.

Further investigation revealed that Babitz had absconded from probation and was identified by the Adult Probation and Parole Office as the individual in the photos disseminated to the public. According to APPO, on August 1, 2024, Babitz cut his electronic monitoring device off and left a note for law enforcement on the door of his residence in Edgewood, New Mexico. The note stated, “To Law Enforcement this needs to be very clear. My wife had absolutely no clue as to what I planned or am about to do. These were my decisions, and I hid them from her signed this day 8-1-24 10:55am Zachary Babitz.”

On August 10, 2024, Babitz was apprehended in Las Cruces, New Mexico, where a 9mm firearm was recovered. Testing is underway to determine if this weapon was used in the Santa Fe incident.

Babitz has a history of felony convictions, including armed robbery and carjacking, and was released from prison in March 2024.

The investigation is ongoing.

If convicted of the current charges, Babitz faces any term of years and up to life in prison.

U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Santa Fe Police Department, Albuquerque Police Department and Las Cruces Police Department. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.

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

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ALBUQUERQUE – A Bloomfield woman has been indicted on multiple counts for allegedly placing a child in a dangerous situation earlier this year.

Avondale Johnson, 30, an enrolled member of the Navajo Nation, appeared before a federal judge today and will remain in custody pending a detention hearing, which has not been scheduled.

According to the indictment, between March 1 and March 14, 2024, Johnson allowed a child under the age of 18 to be placed in a dangerous situation that could seriously harm the child's health and safety.

If convicted, Johnson faces five years in prison.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.

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

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ALBUQUERQUE – An Las Cruces man was sentenced to 20 years in prison for conspiring with his cousin to distribute child pornography, following an extensive investigation that uncovered thousands of explicit images and videos of minors.

There is no parole in the federal system.

According to court document, between April 18, 2022, and April 24, 2023, Ryan Gallardo, 24, conspired with his cousin, Yamil Pillado, to send and receive videos depicting child pornography using various online platforms and cloud storage services. The two men exchanged thousands of files containing sexually explicit images and videos of minors, including content involving bestiality and sadomasochism.

In addition to trading child pornography, Gallardo and Pillado discussed prior sexual abuse of children and plans to sexually abuse and record minors that Gallardo had access to through relationships with others.

Pillado pled guilty to conspiracy to distribute and receive child pornography and was sentenced to more than 17 years in prison. Upon his release from prison, Pillado will be subject to 20 years of supervised release and must register as a sex offender.

Upon his release from prison, Gallardo will be subject to 25 years of supervised release and must register as a sex offender.

U.S. Attorney Alexander M.M. Uballez and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, made the announcement today.

Homeland Security Investigations investigated this case with assistance from the El Paso Police Department, Internet Crimes Against Children Unit, New Mexico State Police and the Las Cruces Police Department. Assistant U.S. Attorneys Marisa A. Ong and A’Kiesha Soliman prosecuted the case.

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ALBUQUERQUE – A Penasco man has been charged by federal prosecutors with second-degree murder in connection with a fatal stabbing in Taos County in 2022, with the case being prosecuted under a Department of Justice initiative focused on Missing or Murdered Indigenous Persons (MMIP).

Byron Sanchez, 47, an enrolled member of the Picuris Pueblo, appeared before a federal judge today and will remain in custody pending trial, which has not been scheduled.

The indictment alleges that on or about December 25, 2022, Sanchez killed John Doe with malice aforethought by stabbing Doe with a sharp object.

Sanchez will remain in custody pending a detention hearing and trial, which has not yet been scheduled.

If convicted, Sanchez faces any term of years up to life in prison for the murder charge.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorney R. Eliot Neal is prosecuting the case.

This case is being prosecuted as part of the Department of Justice’s Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which aims to aid in the prevention and response to missing or murdered Indigenous people through the resolution of MMIP cases and communication, coordination, and collaboration with federal, Tribal, state, and local partners.  The Department views this work as a priority for its law enforcement components.  Through the MMIP Regional Outreach Program, a broad spectrum of stakeholders work together to identify MMIP cases and issues in Tribal communities and develop comprehensive solutions to address them. This prosecution upholds the Department’s mission to the unwavering pursuit of justice on behalf of Indigenous victims and their families.

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

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