District of New Mexico

ALBUQUERQUE – A Ohio man pleaded guilty in federal court to making interstate threats after he left a threatening voicemail message for the District Attorney in Dona Ana County, New Mexico.

According to publicly available court documents, on October 26, 2023, Donald Walter Fowler, 47, left a voicemail conveying a threat to the African American elected District Attorney for the 3rd Judicial District Attorney’s Office in New Mexico.

In the voicemail, Fowler said “There should be a noose in your future.”

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

At sentencing, Fowler faces up to 3 years in prison. Upon his release from prison, Fowler 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 FBI Albuquerque Field Office investigated this case with the assistance of the FBI Cleveland Field Office and the 3rd Judicial District Attorney’s Office. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.

View the Plea Agreement

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ALBUQUERQUE – A California man was sentenced to 151 months in federal prison for attempting to transport over 2 kilograms of heroin by train from Bernalillo County to North Carolina.

There is no parole in the federal system.

According to court documents, on February 26, 2021, Mario A. Serna was apprehended as a passenger on a train, where he was found in possession of over 2 kilograms of heroin concealed in a false compartment of a bag. Serna admitted to knowingly possessing the heroin and intending to transport the heroin to North Carolina for distribution.

Upon his release from prison, Serna will be subject to three 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 Albuquerque Police Department. Assistant United States Attorney Joseph M. Spindle is prosecuting the case.

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ALBUQUERQUE – An Albuquerque man was sentenced to 25 years in federal prison for sexually abusing two girls in the Jicarilla Apache Nation.

There is no parole in the federal system.

According to court documents, between October 2012 and October 2013, Christian Quintana, 28, a member of the Jicarilla Apache Nation, caused sexual contact with Jane Doe 1, a child who had not yet attained the age of 12.

Then, between October 2019 and October 2020, Quintana raped Jane Doe 2, who was 17 years old at the time. Quintana drove Jane Doe 2 to a secluded location, threatened her life and the lives of her family members, and forcibly had sex with her.

Both incidents occurred within the exterior boundaries of the Jicarilla Apache Nation.

Upon his release from prison, Quintana will be subject to a lifetime term 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 assistance from the Jicarilla Apache Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.

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ALBUQUERQUE – An Albuquerque man was charged by indictment with being a felon in possession of a firearm and ammunition.

Arthur Steven Stewart, 23, appeared before a federal judge today and will remain in custody pending trial, which has not been scheduled.

According to the indictment, on January 24, 2024, Stewart possessed a firearm and ammunition, knowing that he had been convicted of robbery. As a previously convicted felon, Stewart knew that he was prohibited from owning firearms or ammunition.

If convicted of the current charges, Stewart faces up to 15 years in prison followed by three years of supervised release.

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 Albuquerque Police Department. Special Assistant U.S. Attorney Peter Haynes is prosecuting this case as part of an agreement with the Second Judicial District Attorney’s Office.

Through the agreement, Assistant District Attorneys are designated Special Assistant United States Attorneys (SAUSAs) in the United States Attorney’s Office. The SAUSA from the Second Judicial District Attorney’s Office screens felony criminal complaints filed in Bernalillo County for federal criminal offenses, prioritizing federal charges against those who drive violence in the Albuquerque metropolitan area. Since 2020, the United States Attorney’s Office has reviewed almost 3,000 cases and has charged more than 300 criminal cases pursuant to this program.

The United States Attorney’s Office has similar agreements with the New Mexico Department of Justice and the First Judicial District Attorney’s Office and plans to expand the program throughout the state.

View the Press Release

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 Zuni couple was charged by indictment with assault with intent to commit murder, conspiracy, and assault resulting in serious bodily injury following a violent attack.

Shannon Concho, 45, an enrolled member of the Pueblo of Zuni, appeared before a federal judge last week and will remain in custody pending trial, which is currently scheduled for September 12, 2024.

LouAnn Johnson, 28, an enrolled member of the Pueblo of Zuni, previously appeared before a federal judge in May and will remain in custody pending trial, which is currently scheduled for September 12, 2024.

According to the indictment, on September 3, 2023, Concho and Johnson allegedly initiated a verbal altercation with John Doe, during which Johnson slapped John Doe multiple times. They then took John Doe's phones to prevent him from calling 911. The situation escalated when Concho began beating John Doe with a chair while stating his intent to murder him. Concho then instructed Johnson to kick John Doe in the head, and Johnson complied.

As the assault continued, a witness called the police. Subsequently, Johnson suggested that they flee the scene, which they did together. Concho and Johnson remained on the run until they were subsequently arrested in separate incidents.

If convicted of the current charges, Concho and Johnson face up to 20 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 Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. This case is being prosecuted by Assistant United States Attorney Jesse Pecoraro.

View the Indictment

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 Espanola man was sentenced to 17 years in federal prison for his role in the brutal 2018 kidnapping, assault and murder of a woman in retaliation for allegedly stealing from another woman.

There is no parole in the federal system.

According to court documents, on January 14, 2018, Luis Mariscal-Lopez, 26, Jorge Dominguez, Crystal Ramos and another individual conspired to retaliate against Jane Doe for allegedly stealing and using Ramos' ATM card. The group lured the victim to Ramos' residence in Espanola.

Upon Jane Doe's arrival, the group brutally assaulted her over an extended period of time until she ultimately died from the vicious attack.

In an attempt to cover up their crime, the group wrapped Jane Doe's body in plastic, loaded it into a vehicle and transported it to a remote area near Velarde, N.M. There, they tried to dismember her remains before digging shallow pits to burn the body. The group spotted a helicopter, so they extinguished the fire, gathered the remains and returned to Ramos' home where they attempted to conceal the remains in a toolbox.

Later, Black and another individual took the toolbox with the remains to a location near Ojo Caliente, N.M. There they buried the toolbox in a shallow grave near the river.

Johnny Black pleaded guilty to federal firearms offenses and being an accessory after the fact and was sentenced to 171 months in prison.

Jorge Dominguez pleaded guilty to conspiracy to commit kidnapping and remains in custody pending sentencing which is currently scheduled for August 6, 2024.

Crystal Ramos died in a shootout with police in Denver, Colorado on June 14, 2018.

Upon his release from prison, Mariscal-Lopez 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 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 Espanola Police Department, Santa Fe County Sheriff’s Office, Bureaus of Indian Affairs, and New Mexico State Police. Assistant United States Attorneys Nicholas J. Marshall and Caitlin L. Dillon are prosecuting the case.

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ALBUQUERQUE – An Alamogordo man pleaded guilty in federal court to charges related to the unregistered weapon used to shoot and kill Alamogordo Police Officer Anthony Ferguson.

According to publicly available court documents, Jonah Apodaca, 31, provided a “sawed-off” shotgun to Dominic Cruz De La O which he later used to shoot and kill Alamogordo Police Officer Anthony Ferguson. Apodaca’s DNA was located on the shotgun shell recovered from the chamber of the shotgun and ammunition from the magazine tube. 

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

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

De La O was charged with possession of a firearm not registered with the National Firearm Registration and Transfer Record and possession of a firearm not identified by a serial number. De La O remains in custody pending trial.

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 Alamogordo Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.

View the Plea Agreement

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ALBUQUERQUE – A Zuni man was sentenced to 15 years in federal prison for sexually abusing two young girls on the Pueblo of Zuni reservation in New Mexico.

There is no parole in the federal system.

According to court documents, Rodney Waikaniwa, 51, an enrolled member of the Zuni Pueblo, sexually assaulted two minor victims, Jane Doe 1 and Jane Doe 2. Jane Doe 1 was assaulted between September 21, 2000, and September 20, 2001. Jane Doe 2 was assaulted between January 1, 2013, and December 31, 2015. He committed the crimes at shared residences with the victims within the Pueblo of Zuni. Jane Doe 1 was approximately 8 years old at the time of the abuse and Jane Doe 2 was approximately 6 years old at the time of the abuse.

Upon his release from prison, Waikaniwa will be subject to a 15-year term 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 Zuni Police Department. Assistant United States Attorney Mark A. Probasco is prosecuting the case.

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ALBUQUERQUE – A Shiprock woman was charged by indictment with straw purchase of a firearm which was later used in a murder following a violent day-long crime spree in Gallup, New Mexico.

Brittania Navaho, 28, an enrolled member of the Navajo Nation, appeared before a federal judge and will remain in custody pending trial, which has not been scheduled.

According to the indictment, on April 24, 2024, Navaho knowingly purchased a firearm on behalf of another person, knowing that person intended to use the firearm in furtherance of a felony.

If convicted of the current charges, Navaho faces up to 25 years in prison followed by 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 Navajo Nation Police Department, the Navajo Nation Department of Criminal Investigations and the McKinley County Sheriff’s Office. 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.

This case was prosecuted under the new criminal provisions of the Bipartisan Safer Communities Act, which Congress enacted and the President signed in June 2022. The Act is the first federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.

View the Indictment

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 Shiprock man pleaded guilty in federal court to voluntary manslaughter for deadly assault on the Navajo Nation Reservation.

According to publicly available court documents, on June 26, 2022, Morrie Lee Begaye, 37, an enrolled member of the Navajo Nation, started a fight with John Doe at a residence in Shiprock. During the physical altercation, Begaye punched and kick John Doe in the head and body while they were on the ground. John Doe died because of the injuries Begaye inflicted with extreme disregard for human life.

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

At sentencing, Begaye faces up to 15 years in prison. Upon his release from prison, Begaye 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 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.

View the Plea Agreement

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ALBUQUERQUE – A Datil man pleaded guilty in federal court to retaliating against a federal employee by knowingly filing a false notice of lien against their property in the amount of $20 million.

In his plea agreement, Trapper Killsmany, formerly known as David Goldsmith, 56, admitted that he filed a false notice of lien with the Catron County Clerk's Office against the property of employees of the United States Social Security Administration. This action was in response to the employees' performance of their official duties. The lien was false because the listed debtors had no financial relationship with Killsmany and therefore owed no debt or other obligation to him.

Previously, Killsmany had filed fraudulent liens in Alaska, claiming that seven federal employees owed him $950 million in damages. Although he was not criminally charged for filing these fraudulent liens, the United States sued Killsmany and obtained a default judgment in federal court. This judgment prohibited him from filing liens without prior court approval.

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

At sentencing, Killsmany faces 10 years in prison. Upon his release from prison, Killsmany 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 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 Fruitland was charged by indictment with two counts of assault.

Richelle R. Upshaw, 24, an enrolled member of the Navajo Nation, appeared before a federal judge today and will remain in custody pending trial, which has not been scheduled.

According to the indictment, on February 21, 2023, Upshaw assaulted Jane Doe with a dangerous weapon, a knife, and the assault resulted in serious bodily injury to Doe’s head and face.

If convicted of the current charges, Upshaw faces up to 10 years in prison followed by 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 Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant United States Attorney Zachary C. Jones is prosecuting the case.

View the Indictment

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 member of the notorious Bandidos Motorcycle Club was sentenced to 21 months in prison for unlawful possession of firearms by a convicted felon.

There is no parole in the federal system.

According to publicly available court records, on August 31, 2023, the FBI and local law enforcement partners executed dozens of search warrants around New Mexico targeting the Bandidos Motorcycle Club. During the search of Jonathan Bivins, 42, home, agents discovered thirteen firearms in a safe located in his bedroom.

As a previously convicted felon, Bivins knew that he was prohibited from owning firearms or ammunition.

After completing his term of imprisonment, Bivins will be required to serve 3 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 FBI Albuquerque Field Office and New Mexico State Police led the investigation as part of the Outlaw Motorcycle Gang Task Force. Assistant U.S. Attorneys Joseph M. Spindle and David B. Hirsch are prosecuting the case.

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ALBUQUERQUE – A Mescalero woman was sentenced to 18 months in prison after pleading guilty in federal court to physically assaulting her partner and causing him substantial bodily injury.

There is no parole in the federal system.

According to publicly available court documents, on September 24, 2023, Prestina Lisa Kazhe, 44, an enrolled member of the Mescalero Apache Tribe, and John Doe got into an argument while watching a football game and drinking alcohol at their residence. During the argument, Kazhe struck John Doe multiple times on the head with a beer bottle, causing lacerations that required staples.

When John Doe tried to flee, Kazhe hit him 9-10 more times with a metal pot, leaving him bleeding profusely. As a result of the assault, John Doe required multiple staples to close his wounds.

After completing his term of imprisonment, Kazhe will be required to serve 3 years of supervised release.

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

The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Joni Autrey Stahl is prosecuting the case.

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ALBUQUERQUE – A Mescalero man pleaded guilty in federal court to assaulting his intimate partner by strangling her.

In his plea agreement, Ronnie Pernell Evans admitted that on November 8, 2023, he assaulted his intimate partner, Jane Doe. Evans and Jane Doe were outside her home arguing when he shoved her and grabbed her by her throat. Evans squeezed Jane Doe’s throat and pushed her backwards toward his vehicle until they tripped and fell to the ground.

Evans got back up and continued dragging Jane Doe towards his car until a neighbor intervened. Evans fled the scene. Responding officers later stopped Evans on Highway U.S. 70 and arrested him.

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

At sentencing, Evans faces 10 years in prison. Upon his release from prison, Evans 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. Assistant U.S. Attorney Joni Autrey Stahl is prosecuting the case.

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ALBUQUERQUE – A Isleta Village man was charged by criminal complaint with assault with a dangerous weapon under the major crimes act.

Vincent Jerome Martinez, 18, an enrolled member of the Pueblo of Isleta, appeared before a federal judge today and pled guilty to a criminal information charging him with to assault with a dangerous weapon.

According to court documents, on December 14, 2023, Isleta Pueblo officers responded to a report of shots fired in a residential area. When they arrived on scene, Officers observed Martinez, dressed in black clothing, running behind a shed.

After taking Martinez into custody, a search incident to the arrest revealed three 12-gauge shotgun rounds in Martinez’s pocket and a modified shotgun with an obliterated serial number hidden under a railroad tie near the shed. The shotgun had one spent shell in the ejection port and one live round in the chamber. Officers also found two additional spent shotgun casings nearby.

According to the victim, Martinez came out of a residence shortly after the victim arrived to provide transportation and pointed a shotgun at the victim while threatening to kill him. Martinez then fired the shotgun in the air, causing the victim to drive away. As the victim drove away in his vehicle, Martinez fired several rounds at the victim before fleeing from the scene to hide behind a nearby shed where he was later arrested.  

At sentencing, Martinez faces up to 10 years in prison. He will remain in custody pending sentencing, which has not been scheduled.

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.

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ALBUQUERQUE – A Sanostee man was sentenced to 144 months in prison after pleading guilty to the beating death of his friend during a drunken altercation.

There is no parole in the federal system.

According to court documents, on June 8, 2022, John Doe went to the residence of Tyrone Atcitty Nez, 34, an enrolled member of the Navajo Nation, to assist with repairing a water heater. During the visit, John Doe and Nez were drinking together and rough housing.

At one point, John Doe stood up from a seated position, and Nez punched him in the face, knocking him unconscious and causing him to fall to the floor. While John Doe lay unconscious and unresponsive on the floor, Nez proceeded to kick him in the face and torso approximately 5 to 10 times while wearing work boots until he noticed Doe was bleeding profusely from his nose and mouth.

Worried Doe would choke, Nez turned him onto his side and exited the residence to ask neighbors to call 911. The Navajo Department of Criminal Investigations responded, and Nez admitted to punching and kicking Doe.

Doe died at Nez’s residence from the head injuries inflicted. The medical examiner listed the cause of death as blunt head trauma, with contusions, fractures, internal bleeding, and brain swelling.

After completing his term of imprisonment, Nez will be required to serve 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 assistance from the Navajo Police Department. Assistant United States Attorneys Brittany DuChaussee and R. Eliot Neal are prosecuting the case.

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ALBUQUERQUE – A Mexican national was sentenced to 10 years in prison for his role as a foot guide in a deadly alien smuggling conspiracy where he threatened witnesses to cover up his involvement after one migrant died from heat exposure in the New Mexico desert.

There is no parole in the federal system.

According to court documents, on July 18, 2023, Texas Department of Public Safety officers pulled over a vehicle driven by Jorge Luis Estrada-Velasquez with four undocumented aliens. The aliens informed agents that other members of their group were still in the desert a few miles away and one was very ill.

Border Patrol agents and emergency medical technicians located Rafael Radillo-Bernal, 40, and three others in the desert near Strauss Road in Doña Ana County and began rendering aid to the sick individual. Tragically, the victim succumbed to the heat and passed away.

Border Patrol took the surviving seven aliens, including Radillo-Bernal, and Estrada-Velasquez, into custody. Estrada-Velasquez was charged with Conspiracy to Transport Illegal Aliens and the seven aliens, including Radillo-Bernal, were designated as material witnesses.

Initially, none of the witnesses admitted to being the foot guide, and one claimed the guide had returned to Mexico. After their initial appearances, the witnesses were released to a halfway house in Las Cruces.

Subsequent interviews with the witnesses revealed consistent accounts of crossing late at night, walking for 8-9 hours with limited water, and the victim showing signs of illness early on due to diabetes. Radillo-Bernal initially claimed to have joined the group halfway through their journey after crossing the border alone. Radillo-Bernal stated that he walked with the victim, getting to know him, and encouraging him to continue when he started falling behind. Radillo-Bernal claimed he stayed with the victim while he called his family to say he was not going to make it before leaving him in the shade of a mesquite bush to find water and help.

On September 8, 2023, two witnesses came forward alleging that Radillo-Bernal was the foot guide and had threatened them to remain silent about his role in the conspiracy.

On January 23, 2024, Radillo-Bernal pled guilty to transporting an illegal alien resulting in the death of any person. After completing his term of imprisonment, Radillo-Bernal will be subject to deportation proceedings.

Estrada-Velasquez pled guilty to conspiracy to transport illegal aliens on October 19, 2023, and was sentenced to 36 months in federal prison. After completing his term of imprisonment, Estrada-Velasquez will be subject to deportation proceedings.

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 the assistance of U.S. Customs and Border Protection. Assistant United States Attorney Alyson R. Hehr prosecuted the case.

Migrants attempting to cross the U.S.-Mexico border face grave dangers and risks. The harsh desert terrain, with scorching temperatures, rugged mountains, and vast stretches without water, poses immense physical challenges that have led to thousands of deaths from dehydration, heat stroke, and exposure. Migrants are also preyed upon by criminal organizations and human traffickers who exploit, extort, and abandon them in remote areas, leaving them vulnerable to violence, sexual assault, and human trafficking.

Those involved in human smuggling operations, including foot guides, drivers, and coordinators, face severe legal consequences if caught and prosecuted. Human smuggling is a federal crime under U.S. law, with penalties that can include hefty fines and lengthy prison sentences, especially in cases involving death, serious injury, or other aggravating factors.

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ALBUQUERQUE – A Mescalero man was sentenced to 90 months in prison after being convicted by a federal jury of assaulting his intimate partner by repeatedly strangling her.

There is no parole in the federal system.

A federal jury convicted Theodore Ian Chavez, IV, on February 28, 2024, following a four-day trial. According to evidence presented at trial and other publicly available court records, in the early morning hours of August 6, 2023, Chavez strangled and assaulted Jane Doe multiple times, resulting in the loss of consciousness and visible bruises.

After the assault, Jane Doe sought medical attention. As a result of the strangulation, Jane Doe had difficulty talking, eating, and drinking fluids, as well as bruises, redness, petechiae, and venous congestion.

At trial, Jane Doe described how she experienced severe pain, and that she thought she was going to die when Chavez was on top of her squeezing her neck and screaming that it was her fault.

After completing his term of imprisonment, Chavez will be required to serve 3 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 the assistance of the Bureau of Indian Affairs. Assistant U.S. Attorneys Joni Autrey Stahl and J. Kirk Williams are prosecuted the case.

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ALBUQUERQUE – A Gallup woman was sentenced to a five-year term of probation after pleading guilty to involuntary manslaughter for drunkenly rolling her vehicle and killing an 8-month-old boy who was ejected from the vehicle.

According to court document, on February 11, 2022, Mariah Chapo, 27, an enrolled member of the Navajo Nation, two friends, and 8-month-old John Doe traveled to collect firewood. When they arrived, the group began drinking alcohol. During this time, John Doe was unrestrained in the back seat.

An argument between the other two members of the group caused Chapo to drive off at high speed with John Doe. A mile down the road, Chapo failed to navigate a turn and rolled the vehicle. John Doe was ejected from the backseat and killed.

Chapo's BAC was 0.12 and 0.11, and an empty vodka bottle was found at the scene.

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 Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.

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ALBUQUERQUE – An Albuquerque man pleaded guilty in federal court to engaging in the business of dealing firearms without a license and possession of a machine gun conversion device.

According to court documents, in December 2022, the ATF identified an Instagram user as possibly being in possession of and selling illegal machine gun conversion devices, which modify firearms to make them fire fully automatic. The ATF identified the user as Joe Jasso, 20, by the distinctive tattoo on his hand.

In January 2023, the account was deleted.

A new Instagram account was identified by the ATF in January 2023, which appeared to belong to Jasso based on the same hand tattoos being visible on posts on the account.

On February 3, 2023, undercover detectives from the Albuquerque Police Department contacted Jasso through Instagram and set up a controlled purchase of machine gun conversion devices from Jasso and his mother, Rachael Jasso. During the transaction, Jasso explained to the undercover detective how to install the conversion device onto a firearm and confirmed that it would allow the firearm to shoot fully automatic. Jasso also offered to obtain an assault rifle auto sear to sell to the undercover officer.

On February 16, 2023, federal law enforcement agents and local law enforcement executed a search warrant at Jasso’s residence in Albuquerque. Inside the home, law enforcement located and seized:

• Approximately ten firearms,
• Five machine gun conversion devices,
• A large amount of ammunition,
• Numerous ammunition magazines (both loaded and unloaded), and
• A 3D printer.

As part of his guilty plea, Jasso admitted he knew the conversion devices met the federal definition of a firearm and that he did not have a license to engage in the business of selling firearms.

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

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

Jasso’s co-defendant, Rachel Jasso, is currently scheduled to stand trial on July 8, 2024.

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 Albuquerque Police Department. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.

Machine gun conversion devices and auto sears are illegal devices designed to modify a semi-automatic firearm so it is capable of fully automatic fire, that is, continuous firing with a single trigger pull. The possession, manufacture, and/or sale of machine gun conversion devices without proper licensing is a federal offense punishable by severe penalties, including up to 10 years in prison and fines up to $250,000. The use of machinegun conversion devices poses a significant public safety risk, as they transform semi-automatic firearms into dangerous machine guns capable of causing catastrophic harm.

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ALBUQUERQUE – An Arizona man was sentenced to 20 years in the Bureau of Prisons for the sexual assault of a 15-year-old girl on the Navajo Nation reservation.

There is no parole in the federal system.

Darwin Chee, 53, an enrolled member of the Navajo Nation, used threats of force and the fear of serious bodily injury to repeatedly sexually assault Jane Doe, a child relative within his care, at a residence located within the exterior boundaries of the Navajo Nation.

After completing his term of imprisonment, Chee will be required to serve a lifetime 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 assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorney Mark A. Probasco prosecuted the case.

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ALBUQUERQUE – A Tucumcari man was sentenced to 10 years in prison for attempting to engage in sexual conduct with two fictitious minor children after an undercover FBI operation.

There is no parole in the federal system.

According to court documents, the investigation into Joseph Gadman, 42, began in mid-December 2022, when an undercover agent from the FBI engaged him on a social networking website known to be a hub for child sexual abuse material. Using the screen name "Gadmanj40," Gadman contacted the undercover agent and expressed interest in engaging in sexual acts with the undercover agent's fictitious children.

The conversation transitioned from the website to text messages, with Gadman providing his phone number to the undercover agent. In the text messages, Gadman detailed his desire to engage in sex acts with children ages 5 and 8 years old.

On January 13, 2023, Gadman traveled from Tucumcari to a pre-arranged meeting location in Albuquerque with condoms, cash, and snacks for the fictitious children. When he arrived, FBI agents swiftly arrested him. During a subsequent interview, Gadman admitted to being "Gadmanj40" but denied having intentions to follow through on the discussed acts.

After completing his term of imprisonment, Gadman will be required to serve 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 FBI Albuquerque Field Office investigated this case with the assistance of the Bernalillo County Sheriff’s Office as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.

Assistant United States Attorney Jaymie L. Roybal is prosecuting the 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.

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ALBUQUERQUE – A Hobbs man was sentenced to 71 months in prison for discharging a firearm in a neighborhood following a domestic dispute.

There is no parole in the federal system.

According to court documents, on August 23, 2022, Lazarus Sanders, 25, discharged a firearm towards the sky from a vehicle in a residential neighborhood in Hobbs, New Mexico. Officers spoke to the residents of the home where Sanders had discharged the handgun and determined that Sanders was in a relationship with the homeowner’s daughter and that they had been in a domestic altercation earlier that day. During the altercation, Sanders pointed a firearm at the homeowner’s daughter.

Officers reviewed home security surveillance footage from a nearby house and observed Sanders in a white four-door vehicle with front-end damage discharge approximately three rounds from a firearm outside a residence. Officers determined that another incident had occurred approximately 40 minutes before where Sanders had discharged one round of ammunition from the vehicle in front of the same house.

The officer provided a description of Sanders’ vehicle to other officers on patrol. A short time later, an officer in the area observed a vehicle that matched the description and conducted a felony traffic stop. The officer observed a firearm in plain view and secured the vehicle pending a search warrant.

Upon executing the search warrant, officers found a Taurus 9mm handgun under the driver’s seat with an extended magazine capable of accepting 17 rounds with an additional chambered round for a total of 18 rounds.

After completing his term of imprisonment, Sanders will be required to serve 3 years of supervised release.

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 Force investigated this case with assistance from the Lea County Drug Task Force and the Hobbs Police Department. Assistant United States Attorney Ry Ellison is prosecuting the case.

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ALBUQUERQUE – A Bloomfield man was sentenced to five years in prison after pleading guilty in federal court to federal firearm and drug trafficking offenses.

There is no parole in the federal system.

According to court documents, on April 7, 2023, officers with the Bloomfield Police Department observed Jerome Phillips, 34, on a public street in Bloomfield. Knowing Phillips had an outstanding arrest warrant, they approached him. Phillips fled, and officers pursued. During the pursuit, Phillips reached for his waistband and dropped a firearm.

Phillips eventually surrendered and the police discovered approximately 7.87 grams of pure methamphetamine on him.

After completing his term of imprisonment, Phillips will be required to serve 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 Bloomfield Police Department. Assistant United States Attorney Joseph M. Spindle prosecuted this case as part of a referral process between the U.S. Attorney's Office and 11th Judicial District Attorney's Office to bring both state and federal charges against individuals or organizations involved in criminal activities which violate both state and federal laws, such as drug trafficking, organized crime, or large-scale fraud schemes.

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ALBUQUERQUE – Albuquerque man sentenced to 66 months in prison after pleading guilty to federal charges arising from the armed robbery of a Federal Firearms Licensee in Albuquerque in 2022.

There is no parole in the federal system.

According to court documents, on April 29, 2022, special agents from the ATF were notified of an armed robbery that occurred the previous day at the Big 5 Sporting Goods Federal Firearms Licensee (FFL) located at 2720 San Mateo Blvd. NE in Albuquerque.

According to employees, Dawayne Yates, 53, entered the store and requested to inspect a rifle. After confirming his identity, an employee handed Yates a Ruger Mini-14 rifle. Yates then pulled out a handgun, pointed it at the employee, and demanded another rifle. Fearing for her life, the employee gave Yates an Dickinson, model XX3D-M-2, 12-gauge shotgun.

Yates stole both firearms, placing them in a gun case he took from the store, and fled in a vehicle with no license plate.

Fingerprint evidence from the crime scene matched Yates. A victim identified him from a photo lineup. On May 2nd, Yates was arrested at a local motel, where police recovered:

• A 9mm Taurus pistol matching the description of the gun used in the robbery
• A .22 caliber Remington rifle
• Ammunition
• Body armor
• Suspected fentanyl pills

The stolen firearms from Big 5 were not recovered. Yates has prior felony convictions prohibiting him from possessing firearms or ammunition.

After completing his term of imprisonment, Yates will be required to serve five years of supervised release.

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 Albuquerque Police Department. Assistant United States Attorney Patrick E. Cordova prosecuted the case.

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ALBUQUERQUE – A Sanostee man was sentenced to 19 months in prison for assaulting a jail guard and violating the terms of his supervised release.

There is no parole in the federal system.

According to court documents, on October 11, 2017, Zachariah Nez, 25, was sentenced to 72 months in prison for voluntary manslaughter. Upon his release from prison, Nez was placed on three years of supervised release.

On September 3, 2023, Nez was arrested for violating the conditions of his supervised release and was detained. While in custody, Nez punched a jail guard at Core Civic in Cibola County. The guard was uninjured.

After completing his term of imprisonment, Nez will be required to serve three years of supervised release.

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

The United States Marshal Service investigated this case with assistance from Core Civic. Assistant United States Attorney Joseph M. Spindle is prosecuting the case.

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ALBUQUERQUE – A Pine Hill man was sentenced to 48 months in prison for sexually abusing a 7-year-old girl.

There is no parole in the federal system.

According to court documents, on May 28, 2022, Tony Jake Jr., 75, an enrolled member of the Navajo Nation, approached seven-year-old Jane Doe as she played outside a church she attended with her grandmother. Jake separated Doe from other children playing nearby and put his hand down the front of her pants.

Around this time, Doe's grandmother noticed she was not with the other children and began looking for her, eventually finding her with Jake. Shortly after, Doe's mother picked her up from her grandmother. Doe told her mother what Jake had done to her, and Doe's mother rushed her to the hospital.

Doe underwent an examination and later a forensic interview where she described in detail Jake's abusive actions.

Jake admitted his conduct to an FBI agent when questioned and later pleaded guilty to one count of abusive sexual contact.

After completing his term of imprisonment, Jake will be required to serve 5 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 Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant United States Attorney Kimberly Bell is prosecuting the case.

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ALBUQUERQUE – A Nigerian National was sentenced to 51 months in prison and ordered to pay $524,000 in restitution and a money judgment in the amount of $868,295 for his role in a hybrid romance scam and business email compromise scheme.

There is no parole in the federal system.

According to court documents, the scheme began in July 2015 when a co-conspirator initiated a romance scam with a 56-year-old widow in New Mexico using the alias "Sean Bartlett." The co-conspirator convinced the victim that he was an engineer working on lucrative oil contracts and promised to marry the victim but instructed her to send him money for supposed business expenses.

On September 13, 2015, Uchenna Nlemchi opened a personal bank account at Amegy Bank in his own name. Sixteen days later, Nlemchi opened a fraudulent business bank account at the same bank in the name of the non-existent "Jay Auto & Machine Parts," listing himself as the sole owner.

Following the co-conspirator’s instructions over the next few months, the victim made several transfers into accounts controlled by Nlemchi totaling over $375,000 from her retirement savings and a home equity loan. This included wiring $45,000 on October 7th to another person's account, before sending $35,000 directly to the "Jay Auto & Machine Parts" account on October 9th, the same day the other person wired $44,000 into that account. On October 22nd, the victim transferred $125,346 from her and her late husband's IRA accounts into Nlemchi’s "Jay Auto & Machine Parts" bank account. Then on December 7th, she took out a $170,000 home equity loan and immediately transferred the full amount to that account.

Separately in late 2015, a German citizen attempting to purchase a Miami condo received fraudulent wire instructions after a hacker compromised her attorney's email. The German victim then wired money intended for the condo purchase to the New Mexico victim’s account. A co-conspirator then instructed the New Mexico victim to forward over $200,000 of those funds to Nlemchi’s accounts.

Nlemchi rapidly withdrew and transferred globally over $868,000 that was deposited into the "Jay Auto & Machine Parts" account from the New Mexico victim and other fraud proceeds. Nlemchi abandoned the fraudulent accounts on February 29, 2016, as bank investigators closed in.

At the time, Nlemchi was in the United States on a student visa and attended Texas Southern University. He was arrested in Houston, Texas in 2017 and released on electronic monitoring in the third-party custody of his wife and ordered to surrender his passport. Nlemchi escaped from his monitoring system and fled to Mexico, then to Brazil, then back to his home in Nigeria. Nlemchi was an international fugitive for more than five years until his arrest in Hungary in 2023.

Nlemchi pleaded guilty in federal court to one count each of wire fraud and conspiracy to commit money laundering in February 2024.

After completing his term of imprisonment, Nlemchi will be required to serve 3 years of supervised release and will be subject to deportation proceedings.

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 Division of the FBI investigated this case with assistance from the Albuquerque Police Department during the extradition process. Assistant U.S. Attorney Jeremy Peña is prosecuting the case.

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ALBUQUERQUE – An Albuquerque was convicted by a federal jury, after less than 30 minutes of deliberation, of possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm and ammunition by a felon.

According to court documents and evidence presented at trial, between February and June 2022, Mike Tomasaour sold an undercover detective with the Albuquerque Police Department methamphetamine and fentanyl.  Most of the transactions took place at the Court John Motel in Northwest Albuquerque.

On June 28, 2022, DEA agents planned a larger buy from Tomasaour at the motel and then executed a search warrant on the motel room. Agents planned to buy five pounds of methamphetamine and approximately 2,000 fentanyl pills. Prior to the buy, agents set up surveillance on the motel. While waiting for the agreed upon time, agents observed Robert Grado enter Tomasaour’s motel room with a purple bag. Shortly thereafter, Tomasaour texted the agent that the "groceries” were ready. Agents moved in to make the arrests and execute a search.

A search of Tomasaour's motel room yielded a loaded firearm, which was stolen, 92.6 grams of methamphetamine, 101 grams of fentanyl, and $760 in cash. During the search, Tomasaour threw the purple bag out the motel room window. The bag contained 2316.4 grams of meth and 278.5 grams of fentanyl. A search of Grado's vehicle yielded 2 additional guns, 65 grams of fentanyl pills, and 149.5 grams of meth.

The Court ordered that Tomasaour remain in custody pending sentencing, which has not been scheduled. At sentencing, Tomasaour faces a minimum of 15 years in prison and up to a term of life followed by a minimum of 5 years of supervised release.

Grado pled guilty to conspiracy, aiding and abetting, possession with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm and ammunition by a felon on May 9, 2024. At sentencing, Grado faces not less than 15 years in prison.

There is no parole in the federal system.

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 and the Albuquerque Police Department jointly investigated this case. Assistant U.S. Attorneys Jaymie L. Roybal and Louis Mattei prosecuted the case.

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ALBUQUERQUE – A Vangerwagon man was charged by indictment with multiple federal firearms offenses and attempted murder.

Perris Jeremiah Arthur, 35, an enrolled member of the Navajo Nation, appeared before a federal judge today and will remain in custody pending trial, which has not been scheduled.

According to the indictment, on May 1, 2023, Arthur assaulted John Doe with a rifle with the intent to commit murder.

If convicted of the current charges, Arthur faces up to 20 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 Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.

View the Indictment

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 Thoreau woman was charged by indictment with involuntary manslaughter.

Nora Abeita, 49, an enrolled member of the Navajo Nation, appeared before a federal judge today and will remain on conditions of release pending trial, which has not been scheduled.

According to the indictment, on May 28, 2023, Abeita was driving without due caution when she killed John Doe.

If convicted of the current charges, Abeita faces up to eight years in prison.

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

The Navajo Nation Department of Public Safety investigated this case with assistance from the Navajo Nation Police Department and the Gallup Resident Agency of the FBI Albuquerque Field Office. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.

View the Indictment

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 child predator who used the messaging app Snapchat to groom and sexually exploit young girls was sentenced to 235 months in prison after pleading guilty to criminal sexual acts against minors.

There is no parole in the federal system.

According to court documents, between September 2022, and November 18, 2022, Juan Rodriguez, 40, engaged in a sexual act with Jane Doe 1, a 12-year-old minor female on three occasions. Prior to engaging in sexual activity with Jane Doe 1, Rodriguez communicated with Jane Doe 1 on the instant messaging app Snapchat.

During the summer of 2021, Rodriguez engaged in a sexual act with Jane Doe 2, an 11-year-old minor female. Prior to engaging in sexual activity with Jane Doe 2, Rodriguez communicated with her on the instant messaging app Snapchat.

In his plea agreement, Rodriguez admitted that he knew Jane Doe 1 and Jane Doe 2 were minors when he communicated with them.

After completing his term of imprisonment, Roriguez will be required to serve 10 years of supervised release and must register as a sex offender.

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

This case was investigated by the Roswell Police Department and the FBI’s Albuquerque Division Child Exploitation and Human Trafficking Task Force.

Assistant United States Attorney Joni Autrey Stahl is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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ALBUQUERQUE – A Mescalero man was sentenced to 24 months in prison after pleading guilty in to assault of an intimate partner by strangling.

There is no parole in the federal system.

According to court documents, on July 19, 2023, Ashton Louis Apachito, 20, an enrolled member of the Mescalero Apache Tribe, assaulted his girlfriend, Jane Doe, at his mother’s house.

Following the incident, Jane Doe left the residence to stay with her mother. Over the next several days, Apachito harassed Jane Doe by phone and threatened to throw all her belongings in the road. On July 29, Jane Doe returned to the residence to collect her belongings, at which time Apachito attacked Jane Doe, pushing her to the ground, kicking her in the stomach multiple times and choking her.

The next morning, Jane Doe called her mother and asked her to pick her up. Jane Doe’s mother reported the domestic violence to BIA and Jane Doe was transported to the Lincoln County Medical Center for treatment. Jane Doe’s injuries included swelling and dark bruising on her left eye, slight bruising on her right eye, bruising on both facial cheeks, bruising on the left side of her stomach and hip, and bruising on her right triceps.

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

The Bureau of Indian Affairs investigated the case. Assistant U.S. Attorney Eliot Neal is prosecuting the case.

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ALBUQUERQUE – A Brimhall man was sentenced to 21 years in prison after pleading guilty to second-degree murder of a man whose body he later burned in an attempt to conceal the evidence.

There is no parole in the federal system.

According to court documents, on July 1, 2019, an individual brought Gilbert John, Jr. a stolen car and told him to "get rid of" a person locked in the trunk. John and the individual drove around smoking meth before stopping in a remote area using back roads.

When the victim tried to escape from the trunk, John stabbed the victim repeatedly with a machete and slammed the trunk door on him. After driving the car to a residence and leaving it for days, John later towed the car to a remote area and set it on fire with the body inside.

The charred remains were identified by medical device serial numbers, as the body was almost entirely burned.

After completing his term of imprisonment, John will be required to serve 5 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’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorneys Mark A. Probasco and Alexander F. Flores are prosecuting the case.

View the Plea Agreement

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ALBUQUERQUE – A Taos Pueblo man has been charged by indictment with multiple counts of sexual abuse against three minors.

Ben John Martinez, 75, an enrolled member of the Taos Pueblo, appeared before a federal judge today to be informed of the eleven count federal indictment he faces.

According to the indictment, between September 2001 and October 2010, Martinez engaged in sexual acts with three children whose ages ranged from five to thirteen years old at the time of the abuse.  If convicted of the current charges, Martinez faces not less than 30 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 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 Attorney Alexander Flores is prosecuting the case.  The FBI continues to investigate Martinez’s involvement in crimes against other victims.  If you have reason to believe you or someone you know may be a victim, please call the FBI at (505) 889-1300 or Chief Summer Mirabal of the Taos Pueblo Department of Public Safety at (575) 741-0764.

View the Indictment

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 - Two brothers who operated a human smuggling stash house in Sunland Park, New Mexico, where migrants were held hostage pleaded guilty to federal charges.

On Jan. 18, 2023, U.S. Border Patrol agents apprehended two groups of undocumented noncitizens (UNCs) in El Paso, Texas, who stated they had escaped from a stash house in Sunland Park. Border Patrol agents were able to link the two groups to the same stash house in the “Old Anapra” neighborhood of Sunland Park. The UNCs reported being threatened at gunpoint and were told to pay additional smuggling fees.

After identifying the stash house, Border Patrol agents contacted Homeland Security Investigations (HSI) special agents, who  conducted surveillance, obtained a search warrant, and found seven migrants being held against their will on the property, including a woman and her 7-year-old child.

In his plea agreement, Saul Castorena, 41, admitted that between January 15 and January 18 of 2023, he intentionally detained individuals in order to compel their family to pay for their release. To that end, Saul possessed a shotgun, knowing that he had previous felony convictions.

In his plea agreement, Steven Castorena, 40, admitted that he conspired with and acted independently with others to transport and harbor migrants.

The Court ordered that Steven and Saul remain detained pending sentencing, which has not been scheduled.

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

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

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

Homeland Security Investigations investigated this case with the assistance of U.S. Customs and Border Protection and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Randy Castellano and Devon Aragon Martinez are prosecuting the case.

View Steven's Plea Agreement View Saul's Plea Agreement

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ALBUQUERQUE – A Ohkay Owingeh Man was sentenced to 70 months in prison for raping an unconscious woman at a family friend’s apartment after a night of drinking in July 2022.

There is no parole in the federal system.

According to court documents, on July 2, 2022, Dwayne Calvert, 34, an enrolled member of the Pueblo of Ohkay Owingeh, raped Jane Doe while she lay unconscious on a couch after a night of heavy drinking. The sexual assault occurred at the apartment of a family friend where Calvert had been babysitting.

The family friend and her boyfriend witnessed Calvert naked on top of the unconscious Jane Doe and alerted authorities. Jane Doe had no memory of the rape.

In his plea agreement, Calvert admitted he knew Jane Doe was passed out from consuming too much alcohol and never consented to a sexual act.

After completing his term of imprisonment, Calvert will be required to serve five years of supervised release.

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

This case was investigated by the Bureau of Indian Affairs Office of Justice Services. Assistant United States Attorney Zachary Jones is prosecuting the case.

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ALBUQUERQUE – Alek Isaiah Collins, 26, appeared before a federal judge in Albuquerque this morning for arraignment on an indictment charging him with kidnapping of a minor and discharging a firearm in furtherance of a crime of violence in connection with the double homicide of two female victims in Clovis, New Mexico.  Collins was detained pending trial, which has not yet been scheduled.

According to publicly available court documents, on May 3, 2024, two women were found dead, and a child wounded at a park in Clovis, New Mexico, with a 10-month-old baby missing. One of the homicide victims was the mother of the two young children.

Evidence linked a maroon Honda rented by Collins to the scene. Collins was tracked to Abilene, Texas, where he carjacked an Uber driver. Police pursued and arrested Collins, safely recovering the child.

Collins has no relation to the child and does not have legal custody of the child.

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 New Mexico State Police, Clovis Police Department, Abilene Texas Police Department Narcotics Unit, Curry County Sheriff’s Office, Roosevelt County Sheriff’s Office, Roswell Police Department, Portales Police Department, the Ninth Judicial District Attorney’s Office, FBI Dallas Field Office, FBI Amarillo Resident Agency and FBI Abilene Resident Agency. Assistant United States Attorneys Jaymie L. Roybal and Joseph Spindle are 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 couple was charged by indictment with assault charges, including using teeth as a dangerous weapon during an alleged attack on three of their daughters.

Renauldo Sandoval, 39, and Lisa Sandoval, 39, both enrolled members of the Navajo Nation, appeared before a federal judge this week.  Lisa will remain in third-party custody and Renauldo will remain in custody pending trial, which has not been scheduled.

According to the indictment, or July 28, 2023, the defendants assaulted Jane Doe 1, and the assault resulted in serious bodily injury. Renauldo additionally assaulted Jane Doe 2, after having been convicted in state court of two prior domestic assaults.  In addition, Lisa assaulted Jane Doe 3 with a dangerous weapon, specifically her teeth, with the intent to cause bodily harm.

If convicted, Renauldo and Lisa both face up to 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 Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant United States Attorney Meg Tomlinson is prosecuting the case.

View the Indictment

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 has pleaded guilty in federal court to assault charges stemming from a drunk driving crash on Santa Ana Pueblo in 2021 that left the other driver seriously injured.

In his plea agreement, Lionel Medina, 29, an enrolled member of the Zia Pueblo, admitted that on December 1, 2021, he drove while under the influence of alcohol. Medina was driving recklessly and crashed into a vehicle driven by Jane Doe.

As a result, Jane Doe suffered fractures to her spine, sternum, arm, leg, and foot.

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

At sentencing, Medina faces up to 10 years in prison. Upon his release from prison, Medina 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 Santa Ana Police Department and Sandoval County Sheriff’s department. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.

View the Plea Agreement

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ALBUQUERQUE – A Dulce man was sentenced to 46 months in prison after pleading guilty to domestic assault by a habitual offender and assault by an intimate partner by strangling, suffocating or attempting to strangle or suffocate.

There is no parole in the federal system.

According to court documents, on December 26, 2021, Matthew Vicenti, 34, an enrolled member of the Jicarilla Apache Tribe, assaulted the mother of his two children over two days at his Dulce home on the Jicarilla Apache Reservation. Vicenti slapped, pushed, punched and strangled the victim, breaking her phone and taking her shoes to prevent her from leaving. When police arrived, Vicenti turned off lights, cut the WiFi and covered the victim's mouth, and choked her, causing bruising to her throat. Vicenti was on probation at the time and was concerned about getting in trouble.

After completing his term of imprisonment, Vicenti will be required to serve three years of supervised release.

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

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

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ALBUQUERQUE – A Gallup man was charged by criminal complaint in connection with a shooting incident that occurred during a confrontation over barking dogs.

Harley Davidson Joe, 38, an enrolled member of the Navajo Nation, appeared before a federal judge today and was released pending trial.

According to the criminal complaint, on May 11, 2024, three individuals were walking their dogs in Gallup when Joe drove past them in a truck. The dogs began barking at the truck but did not go towards the vehicle. Joe stopped and exited the vehicle and confronted the group about their dogs barking.

An argument ensued, during which Joe brandished a handgun. John Doe 1 saw Joe firing shots towards him and returned fire in self-defense, firing approximately ten rounds until his firearm was empty. Joe then entered his truck and drove away. John Doe 1, and the two other individuals ran back to their residence.

Joe later called for an ambulance, claiming he had been shot by an unknown person. Medical personnel found Joe at a residence in Gallup and determined that he had suffered a gunshot wound to the abdomen. He was transported to the Gallup Indian Medical Center where he was treated.

At Joe's residence, investigators found his green Dodge pickup with blood inside and a Glock 17 handgun, which Joe initially denied possessing. However, he later told agents that he retrieved the firearm from under the driver's seat after he had been shot and fired approximately five rounds towards two males who ran towards him.

If convicted of the current charges, Joe faces not less than ten years 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 Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant United States Attorney Caitlin L. Dillon 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 Dulce man was charged by indictment with multiple counts of sexual abuse against two minors under the age of 12.

Herbert Ben, Jr., 54, an enrolled member of Jicarilla Apache, appeared before a federal judge today and will remain in custody pending trial, which has not been scheduled.

According to the indictment, between July 2018 and October 2020, Ben engaged in sexual acts with two children who had not attained the age of 12 years.

If convicted of the current charges, Ben faces not less than 30 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 with assistance from the Jicarilla Apache Police Department and Bloomfield Police Department. Assistant United States Attorneys Caitlin L. Dillon and Timothy Trembley are 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 federal judge handed down a 20-month prison sentence to an Arizona man who pleaded guilty to an alcohol-fueled assault on his then-girlfriend that left her in need of extensive medical treatment.  

There is no parole in the federal system.

According to publicly available court records, on November 3, 2022, Norbert Michael Tsosie, 31, an enrolled member of the Navajo Nation from Lukachukai, Arizona, assaulted his then girlfriend, Jane Doe, in Dulce, New Mexico. The couple had gotten into an argument earlier in the afternoon while shopping in Farmington. Although it seemed that they had resolved the argument, Tsosie suddenly and without warning became violent in the vehicle Jane Doe was driving. He punched the windshield and dashboard, kicked the window, then turned his attack on Jane Doe. He punched her face, kicked her with his boots, and choked her until she was nearly unconscious. Though she was injured, Jane Doe and Tsosie returned to Doe’s parents’ house.

The next day, Tsosie claimed not to remember what happened. Jane Doe told Tsosie that she wanted to end their relationship, then drove Tsosie around to try to find him a place to stay before she went to the emergency room at San Juan Regional Medical Center. Jane Doe suffered a concussion, cervical strain, ankle sprain, and facial contusion and required additional medical care in the weeks following due to the ongoing pain and injuries from the attack.

Upon his release from prison, Tsosie 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 Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Jicarilla Apache Police Department. Assistant U.S. Attorney Kimberly Bell is prosecuting the case.  

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ALBUQUERQUE – A Window Rock man was sentenced to three years in prison after pleading guilty to abusive sexual conduct that occurred 20 years prior.

There is no parole in the federal system.

According to court documents, in 2021, Jane Doe reported that Tom Tso, 85, an enrolled member of the Navajo Nation, had sexually abused her approximately 20 years earlier when she was between 15 and 17 years old while she was asleep at Tso's home. Jane Doe stated that she woke up to find Tso's hand inside her pants. She kicked him away, locked herself in the bathroom, and he tried to unlock the door to get to her before leaving.

The FBI interviewed Tso, a Navajo medicine man and Native American Church Road Man, in December 2021 and March 2022. Tso admitted to touching Doe inappropriately, but he denied penetrating her. He claimed that she had initiated sexual contact.

Jane Doe explained that the delay in reporting was due to fear, and that she reported these years later because, "There are children/women still in his reach" as a medicine man and road man.

After completing his term of imprisonment, Tso will be required to serve five 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 Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Alexander F. Flores is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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ALBUQUERQUE – A Laguna man has pleaded guilty in federal court to charges stemming from a fatal DWI crash on Laguna Pueblo in 2022 that killed three members of the same family.

In his plea agreement, Cody Allen Charlie, 37, an enrolled member of the Pueblo of Acoma, admitted that on August 7, 2022, he was driving drunk, traveling at 116 miles per hour while also using his cell phone when he crashed into another vehicle on Interstate 40, near mile marker 130.

The impact caused the other vehicle to veer off the interstate, onto the shoulder where it rolled over. All three occupants of that vehicle—identified as John Doe 1, John Doe 2, and Jane Doe—were killed in the crash.

Instead of rendering aide, Charlie fled the scene on foot.

The Court ordered that Charlie remain in custody pending sentencing, which has not been scheduled. At sentencing, Charlie faces between 10 and 20 years in prison. Upon his release from prison, Charlie will be subject to up to five 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 Laguna Police Department and New Mexico State Police. Assistant U.S. Attorneys Brittany DuChaussee and Zachary C. Jones are prosecuting the case.

View the Plea Agreement

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ALBUQUERQUE – A Fruitland man pleaded guilty in federal court to threatening a driver, brandishing a machete and hatchet, stealing her car, and leading police on a high-speed chase.

In his plea agreement, Brandon Barber, 38, an enrolled member of the Navajo Nation, admitted that on May 9, 2022, Jane Doe was driving her Jeep when his co-defendant, Lindsey Yazzie, threw a large rock at the windshield, forcing her to stop. Barber then attacked Jane Doe’s vehicle with a machete and hatchet, smashing the windshield and windows.

Barber and Yazzie then pulled Jane Doe from the vehicle, and Barber proceeded to steal Jane Doe's Jeep, briefly stopping to allow Yazzie to enter the vehicle as a passenger. As Barber drove away in the stolen Jeep, he saw Jane Doe standing in the roadway and accelerated the vehicle towards Jane Doe, who had to jump out of the way to avoid being struck.

When encountered by the Navajo Police Department, Barber led them on a high-speed chase until the police were forced to terminate the pursuit due to public safety risks.

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

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

Lindsey Yazzie is currently scheduled to stand trial on July 8, 2024.

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 Navajo Department of Criminal Investigations. Assistant United States Attorney Robert James Booth II is prosecuting the case.

View the Plea Agreement

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ALBUQUERQUE – An Albuquerque man was sentenced to 15 years in prison after pleading guilty to being a felon in possession of a firearm. This case was adopted from state prosecution in cooperation with the Second Judicial District Attorney’s Office.

According to court documents, on November 13, 2022, a husband and wife were waiting for food at a Church's Chicken drive-thru on Broadway Blvd SE. Joseph Dino Lopez, 59, approached their car, banged on the window, and yelled at them while appearing under the influence.

Surveillance footage shows Lopez retrieving a blue bag containing a shotgun and approaching the victims' parked car. After an altercation where the male victim pepper sprayed him, Lopez pulled out the shotgun, loaded it, and pointed it at the couple before they fled. Lopez briefly left the scene to wash the pepper spray out of his eyes, but returned, and APD arrested him as he exited the Church's Chicken restaurant. The loaded shotgun was recovered from the blue bag he had left behind, and additional ammunition was discovered in his shirt pocket.

At the time of the offense, Lopez had previously been convicted of a total of nine felonies.

After completing his term of imprisonment, Lopez will be required to serve 3 years of supervised release.

There is no parole in the federal system.

U.S. Attorney Alexander M.M. Uballez and Bernalillo County District Attorney Sam Bregman made the announcement today.

The Albuquerque Police Department investigated this case with assistance from the FBI Albuquerque Field Office. Special Assistant U.S. Attorney Peter Haynes prosecuted the case as part of an agreement with the Second Judicial District Attorney’s Office.

Through the agreement, Assistant District Attorneys are designated Special Assistant United States Attorneys (SAUSAs) in the United States Attorney’s Office. The SAUSA from the Second Judicial District Attorney’s Office screens felony criminal complaints filed in Bernalillo County for federal criminal offenses, prioritizing federal charges against those who drive violence in the Albuquerque metropolitan area. Since 2020, the United States Attorney’s Office has reviewed almost 3,000 cases and has charged more than 300 criminal cases pursuant to this program.

The United States Attorney’s Office has similar agreements with the New Mexico Department of Justice and the First Judicial District Attorney’s Office and plans to expand the program throughout the state.

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ALBUQUERQUE – A Tohatchi man was charged by criminal complaint with second degree murder and using, carrying and brandishing a firearm during and in relation to a crime of violence for the fatal shooting of Jane Doe on the Navajo Reservation.

Augustus Benallie, 51, an enrolled member of the Navajo Nation, appeared before a federal judge today and was detained pending a detention hearing, which is scheduled for May 20, 2024.

According to the criminal complaint, on May 12, 2024, the Navajo Police Department received an emergency call regarding a shooting near Tohatchi, New Mexico, within the Navajo Nation. EMS responded to the coordinates the caller provided and found Jane Doe inside a residence with an apparent gunshot wound.

Medical personnel attempted to transport Jane Doe to a staging location for medivac to a trauma center, but Jane Doe died enroute.

Benallie was arrested on May 13, 2024, after stabbing himself with a kitchen knife. 

If convicted of the current charges, Benallie faces 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 Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant United States Attorney Mia Ulibarri-Rubin 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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