District of New Mexico

ALBUQUERQUE – A federal judge handed down a 30-year prison sentence to a Naschitti man who pleaded guilty to conspiring to kidnap a victim who was lured to a location in Gallup under the false pretense of a meeting a female. The victim was then beaten and stabbed to death.  

There is no parole in the federal system.

According to publicly available court records, on September 16, 2021, Elias Viola, 32 years old, and his then-girlfriend, Shannon Etsitty, devised a plan to lure John Doe to a location under the guise of a meetup with Etsitty. Viola sent a text message from Etsitty’s phone propositioning John Doe, who agreed to meet.

Etsitty picked John Doe up from his residence and drove Doe to a location where Viola and a third man attacked Doe in the vehicle, beating Doe with baseball bat and stabbing him with a screwdriver. The group then hid John Doe’s body under nearby brush before returning hours later to move Doe to a field near Etsitty’s mother’s house.

On September 23, 2021, after a weeklong community search, John Doe’s body was found by an unrelated civilian. The Office of the Medical Investigator determined John Doe’s manner of death was homicide caused by multiple injuries.

Investigators reviewed John Doe’s text messages and determined Etsitty was the last person with whom Doe communicated. They also determined that shortly after those communications, she and Viola were involved in single-vehicle crash near John Doe’s apartment. However, the crash site was several miles from the location John Doe’s body was found. Investigators returned to the crash site and found one of Doe’s black shoes, which matched one found near Doe’s body.

Police executed search warrants for Etsitty and Viola’s cellphone and Facebook records. After reviewing messages and confirming Viola was in the area where John Doe’s missing shoe was found, police tried to find the vehicle involved in the crash. On November 16, 2021, the FBI located the car in a tow yard.

On November 30, 2021, the FBI executed a search warrant on the vehicle. The backseat was missing and the front-passenger seat, trunk, and the area beneath the backseat showed signs of blood staining. On April 1, 2022, FBI agents executed a search warrant at Viola’s home. Inside, agents located the missing backseat from the vehicle. Through forensic testing, agents determined blood on the backseat matched John Doe.

When Viola was interviewed by agents, he admitted to attacking John Doe. Viola pleaded guilty to conspiracy to commit kidnapping on September 18, 2023.

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

Etsitty also pled guilty to conspiring to kidnap John Doe. Her sentencing has not yet occurred.

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, the Gallup Police Department and the McKinley County Sheriff’s Office. Assistant U.S. Attorney Zachary Jones is prosecuting the case.

# # #

ALBUQUERQUE – A federal judge handed down an 8-month prison sentence to a Farmington man who pleaded guilty to burning down a residence in Two Grey Hills, New Mexico, which is within the exterior boundaries of the Navajo Nation.

There is no parole in the federal system.

According to publicly available court records, on Aug. 28, 2023, Ulrick Bruce Canyon, 41, an enrolled member of the Navajo Nation, started a fire at the residence by pouring lighter fluid in the bedrooms, lit the fire with a match and threw two propane tanks into the fire. Canyon then left the residence with a wheelbarrow full of his clothing, at which time he was intercepted by Navajo Nation Police officers.

When questioned by a Navajo Nation Criminal Investigator, Canyon admitted to using marijuana and meth. On the day of the incident, Canyon said that he had been hearing voices and they had told him to “put the house on fire.”

Upon his release from prison, Canyon will be subject to 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 Farmington Resident Agency of the FBI Albuquerque Field Office with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations investigated this case. Assistant U.S. Attorney Matthew J. McGinley is prosecuting the case.

# # #

ALBUQUERQUE – An Albuquerque man was charged by criminal complaint with sexual exploitation of minors, including the production of child pornography. Authorities allege that Kevin Vallo, 39, lured three minor girls to his apartment through the messaging app "Telegram."

Vallo appeared before a federal judge on May 14, 2024, and was detained pending trial.

According to the criminal complaint, on March 20, 2024, detectives from the Bernalillo County Sheriff’s Office learned of a 15-year-old girl, Jane Doe 1, who had disclosed that she and her friends, Jane Doe 2 and Jane Doe 3, both 13-years-old, had sexual intercourse with an approximately 30-year-old man who they had met through the app “Telegram” at his apartment in Northeast Albuquerque.

Jane Doe 2 told detectives that the man initially claimed to be 16 years old and blocked her when she revealed her age as 13. However, a week later, he messaged her again with a different profile picture, persistently asking her to come to his house until she agreed, under the impression that it was just to "hang out," and brought Jane Doe 1 and Jane Doe 3 with her.

The man paid Jane Doe 1 and Jane Doe 2 for the acts they performed. After the victims left the apartment, the man sent Jane Doe 2 two videos through Telegram which contained child sexual abuse material.

Detectives identified Vallo's apartment based on the victims' descriptions, and the apartment complex management confirmed him as the resident. All three victims identified Vallo from a photo array using his driver's license photo. Vallo was detained at his workplace and claimed during an interview that he believed Jane Doe 2 was 18 years old. Vallo stated he did not have sex with Jane Doe 3 because he thought she looked underage. Detectives located four videos on Vallo’s phone which contained child sexual abuse material of Jane Doe 2.

If convicted of the current charges, Vallo faces between 15 and 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 Bernalillo County Sheriff’s Office investigated this case with assistance from the FBI Albuquerque Field Office. Assistant United States Attorney Jesse Pecoraro is prosecuting the case.

If you have reason to believe you or your child may be a victim of Vallo, or if you have information about this ongoing investigation, please call the FBI at (505) 889-1300 or submit their tips online at tips.fbi.gov.

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 Mescalero man pleaded guilty in federal court on May 7, 2024.

According to court records, Fulton C. Potter, 29, an enrolled member of the Mescalero Apache Tribe, pleaded guilty in federal court to assault of an intimate partner by strangling or suffocating.

In his plea agreement, Potter admitted that he strangled his wife, Jane Doe, on November 24, 2023.

The Court ordered that Potter remain in custody pending sentencing, which has not been scheduled. At sentencing, Potter faces up to 7 years in prison per the terms of the plea agreement.

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

The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.

View the Plea Agreement

# # #

ALBUQUERQUE – A Laguna man pleaded guilty in federal court to assault of an intimate partner by strangling and assault with a dangerous weapon.

In his plea agreement, Bret Anthony Vallo, 38, admitted that on May 30, 2019, he engaged in a verbal argument with Jane Doe that escalated into a physical altercation. Vallo approached Doe from behind, wrapped his arm around her neck, and strangled her until she lost consciousness.

Then, in July 2019, Vallo again engaged in a verbal dispute with Jane Doe that turned violent. This time, Vallo punched Doe in the face and struck her multiple times with a metal futon leg.

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

At sentencing, Vallo faces up to 10 years in prison. Upon his release from prison, Vallo 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 the case with the assistance of the Acoma Police Department. Assistant U.S. Attorney Robert James Booth II is prosecuting the case.

View the Plea Agreement

# # #

ALBUQUERQUE – A Houston man was charged by criminal complaint with interstate kidnapping of a child in connection with the double-murder of the girl's mother and another woman in Clovis, New Mexico.

Alek Isaiah Collins, 26, appeared before a federal judge in Abilene, Texas this morning on charges contained in a federal criminal complaint filed in New Mexico. Collins was detained and will remain in the custody of the United States Marshals Service pending his transfer to New Mexico for further proceedings.

According to the criminal complaint, on May 3, 2024, the bodies of two deceased adult females, Jane Doe 1 and Jane Doe 2, were discovered at Ned Houk Memorial Park in Clovis, New Mexico. Jane Doe 2’s 5-year-old daughter, Minor 1, was also found wounded at the scene and transported to the hospital for treatment.

Jane Doe 2’s 10-month-old daughter, Minor 2, was missing from the scene. Surveillance footage showed Minor 2 with her mother at a nearby Dollar General store just prior to the incident.  Law enforcement issued an AMBER Alert for Minor 2.

Law enforcement recovered evidence at the scene, including 9mm handgun casings and a vehicle sideview mirror cover, indicating potential involvement of a maroon Honda. Witness accounts indicated a maroon/red colored sedan was at the park around the time of the incident.

Further investigation revealed that the maroon Honda with Texas license plate TTK3358 was rented by Collins through HyreCar, a peer-to-peer carsharing marketplace. GPS data from the vehicle showed it near the park around the estimated time of the double homicide.

Cell phone records and law enforcement searches linked Collins to a phone which was in the vicinity of the park during the incident. The vehicle was later located at a residence in Abilene, Texas, where it had been remotely disabled by the owner after Collins failed to return the rental on time.

While preparing to execute a search warrant at a residence, officers observed an Uber driver operating a Cadillac SUV arrive on the street. Collins exited the residence carrying Minor 2 and placed the child in the rear passenger seat of the SUV. Collins then proceeded to carjack the Uber driver at gunpoint, forcing the driver to exit the vehicle before driving away with the child.

Abilene Police Department's Narcotics Unit immediately pursued the Cadillac and were able to pin the vehicle, bringing it to a stop. Collins was promptly arrested and Minor 2 was recovered safely from the vehicle.

 Collins has no relation to Minor 2 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.

View the Criminal Complaint View the Rule 5 Document

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

# # #

The Justice Department and the City of Albuquerque, 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 comes on the heels of the independent monitor’s 19th report, also filed today, which concluded that the city and APD have reached full compliance with 96% of the consent decree’s terms, the highest level of compliance APD has achieved to date.

The joint motion asks the court to terminate 93 provisions of the consent decree with which APD has been in full compliance for at least two years. The provisions cover a range of topics, including use of firearms, crowd control and incident management, use of force reporting and training, behavioral health training, reporting misconduct, on-body recording devices and community and problem-oriented policing. 

“Our joint motion to terminate parts of this consent decree demonstrates that the Justice Department’s ultimate goal of ensuring constitutional and effective policing is closer to becoming a reality,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Albuquerque Police Department has shown that real progress is possible through consistent improvements in its policing over the last eight years, while also fulfilling its obligation to protect public safety. The Justice Department will continue working with police and city leaders and the community as they work to achieve full compliance with the remaining provisions of the consent decree. We will continue pushing for fair and constitutional policing in Albuquerque because residents deserve nothing less.”

“Meaningful change is always gradual,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “Partial termination is the natural next step after years of hard work from the City of Albuquerque and the brave men and women of the Albuquerque Police Department who chose service every single day. The goal of training wheels is to figure out how to ride without them, not how to install them permanently. My congratulations on this milestone; together, we will build the department that we deserve.”

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

• APD has ensured that all officers are properly trained on using firearms and APD tracks all critical firearm discharges;
• Use of force is properly reported within APD and officers are required to record all use of force incidents;
• APD’s use of force training is based on constitutional principles and officers and supervisors receive necessary training on an annual basis;
• APD provides behavioral health and crisis intervention training to all new officers, as well as behavioral health training to all new telecommunicators, and ensures that existing officers and telecommunicators receive biannual behavioral health-related in-service training;
• APD and the Civilian Police Oversight Agency have ensured that there is an effective and efficient system in place to accept, classify and track civilian complaints of police misconduct;
• All new APD supervisors receive 40 hours of supervisory, management, leadership and command accountability training before assuming supervisory responsibility, followed by a minimum of 24 hours of annual management training;
• APD has fulfilled all requirements regarding on-body recording devices (OBRD), including implementing approved policy and training on OBRD, requiring that officers operate OBRDs according to policy and holding supervisors accountable for ensuring that officers use OBRDs as required by APD policy;
• APD has integrated community and problem-oriented policing principles into its operations, including its staffing allocations and deployment; and
• The city has established Community Policing Councils that facilitate communication and cooperation between APD and local community leaders to enable collaboration on addressing crime and safety issues.

The U.S. 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 the implementation of the consent decree is also available on the U.S. Attorney’s Office for the District of New Mexico’s website. If you believe your civil rights have been violated, please submit a complaint through our online portal.

ALBUQUERQUE – A Zuni man pleaded guilty in federal court to assault with a dangerous weapon.

In his plea agreement, Brian Aragon, 35, an enrolled member of the Zuni Pueblo, admitted that on June 19, 2019, he beat Jane Doe with a candelabra. As a result of the assault, Jane Doe suffered bodily injury.

The Court ordered that Aragon remain in custody pending sentencing, which has not been scheduled. At sentencing, Aragon faces up to 10 years in prison. Upon his release from prison, Aragon will be subject to three years of supervised release.

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

The Bureau of Indian Affairs investigated the case with the assistance of the Acoma Police Department. Assistant U.S. Attorneys Brittany DuChaussee and Alexander F. Flores are prosecuting the case.

View the Plea Agreement

# # #

ALBUQUERQUE – A man is facing federal charges for murder following a violent day-long crime spree in Gallup, New Mexico.

The criminal complaint alleges that on April 24, 2024, a family traveling south on U.S. Highway 491 reported to law enforcement that they had been followed, rear-ended, and shot at by someone sitting in the front passenger seat of a white SUV.

Further investigation revealed that earlier that day, Rydell Happy, 30, and two others had been involved in a separate shooting incident in Gallup, New Mexico, where a third individual was shot at Happy's direction.

After the shooting on the highway, the group continued driving south, and one of the vehicle's occupants, John Doe, began to argue with Happy. Happy then ordered the group to get out of the car, and once they had done so, he shot John Doe. Happy then grabbed a baseball bat and began hitting John Doe in the head. Happy and one of the others then dragged John Doe's body over the edge of a nearby cliff.

Following reports of the earlier shooting on Highway 491, officers from the Navajo Nation Police Department were on the lookout for a white SUV. Officers later observed a vehicle matching the description and pursued. The driver fled, but eventually crashed the SUV, and three individuals, including Happy, were apprehended.

Through follow-up investigation, investigators were able to find John Doe's body, which showed signs of severe head trauma.

 If convicted of the current charges, Happy faces up to life in prison.

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 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 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.  

View the Criminal Complaint

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 Rio Rancho man was sentenced to 10 years in prison after pleading guilty to carjacking and using, carrying and brandishing a firearm during and in relation to a crime of violence. This case was adopted from state prosecution in cooperation with the Second Judicial District Attorney’s Office.

According to court documents, in the early morning hours of January 6, 2021, Daniel Pacheco, 31, approached the victim, brandished a firearm, and struck her repeatedly. Pacheco stole the victim's purse and car keys before fleeing in her vehicle.

The victim’s car was equipped with a LoJack anti-theft GPS tracking device, allowing police to locate the vehicle at an apartment complex north of Old Town Albuquerque. When officers attempted to arrest Pacheco, he rammed police vehicles and fled on foot before being apprehended.

During the arrest, officers seized two loaded firearms, extra magazines, and various illegal drugs from Pacheco’s person. The victim positively identified Pacheco and the firearm used in the carjacking. Pacheco admitted to being present during the incident but denied brandishing a firearm.

After completing his term of imprisonment, Pacheco will be required to serve five 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 New Mexico State Police investigated this case with assistance from the FBI Albuquerque Field Office and Albuquerque Police Department. Assistant U.S. Attorney Jack Burkhead and 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.

# # #

ALBUQUERQUE – The U.S. Department of Justice has reached a $273,100 settlement agreement with Hart Scientific Consulting International LLC (“Hart Scientific”) and Composite Mirror Applications, Inc. (“CMA”) over allegations of false claims related to the procurement of a telescope for the Air Force Research Laboratory (“AFRL”).

AFRL contracted with Hart Scientific to acquire the telescope for $250,000 as part of an ongoing research project coordinated through the Small Business Administration’s Small Business Innovation Research program.  In turn, Hart Scientific contracted with CMA in December of 2015 to manufacture and deliver the telescope to AFRL.  CMA commenced work on the telescope in January of 2016, and provided a 5-month timeline for delivery to the Government.  AFRL paid the contractors the $250,000 total amount in monthly installments between January and June of 2016. 

In April of 2017, months after the 5-month delivery timeline had passed, CMA continued to experience problems fabricating the telescope’s mirrors, and demanded an additional $13,200, above and beyond the $250,000 price tag agreed upon by the parties.  AFRL provided the additional funds, but as the contract came to a close at the end of May 2017, the telescope was not ready for use by the Air Force and was not delivered or leased to the Air Force.  Despite failing to deliver the telescope, Hart Scientific claimed in the contract’s final report that the telescope was “leased to the Air Force.” 

The United States alleges that the contractors violated the False Claims Act by submitting demands for the monthly installment payments, despite knowing that the telescope would not be delivered in accordance with the applicable contract terms.  

To resolve the allegations, Hart Scientific and CMA agreed to pay a total of $273,100 to the U.S. government, with Hart Scientific and CMA jointly responsible for $259,900 and CMA responsible for $13,200.

U.S. Attorney Alexander M.M. Uballez and the Department of the Air Force, Office of the Deputy General Counsel, made the announcement today.

The government’s investigations were led by Assistant United States Attorney Sean M. Cunniff and Auditor Julie Chappell and criminal investigators from the Air Force Office of Special Investigations, Office of Procurement Fraud Detachment 3.

# # #

ALBUQUERQUE – A federal judge handed down a 48-month prison sentence to a San Felipe man who was convicted by a federal jury of abusive sexual contact.

There is no parole in the federal system.

According to evidence presented at trial and other publicly available court records, between August 13, 2016, and February 13, 2017, Kyle Aguilar, while intoxicated, touched the victim's genitalia and breasts over her clothing. On one occasion, Aguilar unlocked the door to the room where the victim was watching a movie, came into the room, and began massaging the victim's back before touching her breasts and genitals over her clothes.

Upon his release from prison, Aguilar will be subject to 5 years of supervised release and must register as a sex offender.

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

The Bureau of Indian Affairs investigated this case. Assistant United States Attorneys Nicholas J. Marshall and Mia Ulibarri-Rubin are prosecuting the case.

# # #

ALBUQUERQUE – A Zuni man has pleaded guilty in federal court to being a convicted felon in possession of a firearm and ammunition. In his plea agreement, Daryl Jay Dickson, 38, admitted that as a previously convicted felon he knew he was not allowed to possess a firearm and ammunition. The handgun he possessed will also be forfeited to the United States government.

The Court ordered that Dickson remain on conditions of release pending sentencing, which has not been scheduled. At sentencing, Dickson faces between 27 and 33 months in prison. Upon his release from prison, Dickson will be subject to up to three years of supervised release.

There is no parole in the federal system.

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

The Zuni Police Department investigated the case with the assistance of Zuni Fish and Wildlife and the Federal Bureau of Investigation. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.

View the Plea Agreement

# # #

ALBUQUERQUE – A Gallup man was sentenced to 10 years in prison followed by 10 years of supervised release for sexually abusing two minors.

There is no parole in the federal system.

According to court documents, between August 2012 and August 2013, Lathem Eskeets, 30, an enrolled member of the Navajo Nation, engaged in sexual acts with John Doe, who was older than 12, but younger than 16 at the time, and Jane Doe, who was younger than 12 at the time, while living at their mother’s residence near Church Rock, New Mexico.

Eskeets will be required to register as a sex offender upon his release from prison.

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 Department of Investigation and Department of Criminal Investigations. Assistant United States Attorney Zachary C. Jones is prosecuting the case.

# # #

ALBUQUERQUE – A San Felipe man was indicted for engaging in sexual acts and sexual contact with a child under the age of 12 years.

The indictment alleges that Vernon Chavez, 61, an enrolled member of the Pueblo of San Felipe, engaged in a sexual act with Jane Doe, a child who had not then attained the age of 12 years between May 2016 and September 2017, and engaged in sexual contact with Jane Doe between August 1 and August 15, 2022.

Chavez is charged with one count each of aggravated sexual abuse and abusive sexual contact A federal judge detained Chavez pending a detention hearing which is scheduled for Wednesday, May 8, 2024.

If convicted of the current charges, Chavez faces a minimum of 30 years and up to life in prison.

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

The Bureau of Indian Affairs investigated the case. Assistant United States Attorney Jesse Pecoraro is prosecuting the case.

Read 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.

# # #

24-165

WASHINGTON – The Justice Department joins its partners across the federal government, as well as people throughout American Indian and Alaska Native communities, in recognizing May 5 as National Missing or Murdered Indigenous Persons (MMIP) Awareness Day. 

In recognition of MMIP Awareness Day, Attorney General Merrick B. Garland highlighted ongoing efforts to tackle the MMIP and human trafficking crises in American Indian and Alaska Native communities, and other pressing public safety challenges, like the fentanyl crisis, in Tribal communities.

“There is still so much more to do in the face of persistently high levels of violence that Tribal communities have endured for generations, and that women and girls, particularly, have endured,” said Attorney General Merrick B. Garland. “In carrying out our work, we seek to honor those who are still missing, those who were stolen from their communities, and their loved ones who are left with unimaginable pain. Tribal communities deserve safety, and they deserve justice. This day challenges all of us at the Justice Department to double down on our efforts, and to be true partners with Tribal communities as we seek to end this crisis.”

“The loss of any one is a loss to us all,” said U.S. Attorney Alexander M.M. Uballez. “The Department of Justice is committed to bringing justice and answers to grieving Tribal communities. By listening to the needs of our Indigenous neighbors and taking concrete steps to address this crisis, from investigations and prosecutions to enhancing training and outreach, we will meet the case of each missing and murdered indigenous person with urgency, transparency, and coordination.”

“The FBI remains unwavering in our pledge to work with our law enforcement partners to address the violence that has disproportionately harmed Tribal communities and families,” said FBI Director Christopher Wray. “We will continue to prioritize our support of victims and will steadfastly pursue investigations into the crime impacting American Indian and Alaska Native communities.”

“DEA’s top priority is protecting all communities from deadly drugs, like fentanyl, and drug related violent crime,” said DEA Administrator Anne Milgram.  “We know that no community has been spared from these deadly threats and we are committed to keeping Tribal communities safe.”

Justice Department Prioritization of MMIP Cases

Last July, the Justice Department announced the creation of the Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which permanently places 10 attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered Indigenous people. The five regions include the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions. 

In the Southwest Region, MMIP AUSA Eliot Neal from District of New Mexico will join District of Arizona U.S. Attorney Gary Restaino, AUSA Kiyoko Patterson, and victim advocates from the U.S. Attorney’s Office in Arizona at MMIP Awareness events at the Arizona State Capitol in Phoenix.

The MMIP Regional Outreach Program prioritizes MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to U.S. Attorneys’ offices promoting public safety in Indian country. The program fulfills the Justice Department’s promise to dedicate new personnel to MMIP consistent with Executive Order 14053, Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and the Department’s Federal Law Enforcement Strategy to Prevent and respond to Violence Against American Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons issued in July 2022. 

Not Invisible Act Commission Response

The Department’s work to respond to the MMIP crisis is a whole-of-department effort. In March, the Departments of Justice and the Interior released their joint response to the Not Invisible Act Commission’s recommendations on how to combat the missing or murdered Indigenous peoples (MMIP) and human trafficking crisis. The NIAC response, announced by Attorney General Garland during a visit to the Crow Nation, recognizes that more must be done across the federal government to resolve this longstanding crisis and support healing from the generational traumas that Indigenous peoples have endured throughout the history of the United States. 

Addressing Violent Crime and the Fentanyl Crisis in Indian Country

As noted in the joint response to the NIAC, research suggests that certain public safety challenges faced by many American Indian and Alaska Native communities—including disproportionate violence against women, families, and children; substance abuse; drug trafficking; and labor and sex trafficking—can influence the rates of missing AI/AN persons.

Further, fentanyl poisoning and overdose deaths are the leading cause of opioid deaths throughout the United States, including Indian county, where drug-related overdose death rates for Native Americans exceeds the national rate.

Therefore, federal law enforcement components are ramping up efforts to forge stronger partnerships with federal and Tribal law enforcement partners to address violent crime and the fentanyl crisis, which exposes already vulnerable communities to greater harm.  For instance:

Accessing Department of Justice Resources

Over the past year, the Department awarded $268 million in grants to help enhance Tribal justice systems and strengthen law enforcement responses. These awards have also gone toward improving the handling of child abuse cases, combating domestic and sexual violence, supporting Tribal youth programs, and strengthening victim services in Tribal communities.

For additional information about the Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website.

Click here for more information about reporting or identifying missing persons.

# # #

ALBUQUERQUE – Malachi Alan Crockett, 19, was sentenced to 6 years in prison for his role in a violent crime spree that terrorized Albuquerque residents in the Spring of 2023.

There is no parole in the federal system.

According to court documents, on March 21, 2023, the Albuquerque Police Department (APD) responded to a series of violent carjackings that occurred in Southwest Albuquerque.

The first incident occurred around 5:33 PM, when Jane Doe 1 was carjacked at gunpoint by three male suspects, including two juveniles and Crockett. The suspects fled in the victim's white Nissan Sentra.

Approximately 10 minutes later, a second carjacking was reported near Westgate Community Park. Crockett and his accomplices, carjacked Jane Doe 2 at gunpoint, taking her Chevrolet Traverse. During this incident, the suspects also fired multiple shots at a witness, causing her to crash her vehicle.

Minutes later, the group attempted to carjack a couple, Jane Doe 3 and John Doe 1, near Carlos Rey Elementary school, but the victims were able to drive away.

The final carjacking occurred around 6:00 PM, when the group robbed Jane Doe 4 of her red Chevrolet Spark at gunpoint.

APD officers later spotted the stolen Spark and initiated a pursuit, which ended in a crash. Four male suspects, including Crockett and three juveniles, fled the vehicle. Crockett and one of the juveniles were apprehended on scene. 

Crockett was found to be in possession of a handgun with an extended magazine. The handgun was fitted with a machine conversion device, commonly called an auto sear or “switch.” 

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 FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Natasha Moghadam prosecuted the case.

# # #

ALBUQUERQUE – A federal judge handed down a 12-month plus one day prison sentence to a Fruitland man for assaulting his neighbor after a long-simmering tension boiled over.

According to publicly available court records, June 27, 2021, Elijah Cudei Etsitty, 27, an enrolled member of the Navajo Nation, and his family got into a fistfight with their neighbor, Jane Doe’s husband. During the fight, the group pinned Jane Doe’s husband to the ground, where they continued to beat and choke him.

Seeing this, Jane Doe intervened to protect her husband. Etsitty slammed Jane Doe to the ground and struck her until she lost consciousness, causing head and facial injuries, including a skull fracture and resulting seizure activity.

There is no parole in the federal system. Upon his release from prison, Etsitty 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 assistance from the Shiprock Police Department. Assistant United States Attorney Kimberly Bell is prosecuting the case.

# # #

ALBUQUERQUE – A husband and wife face federal charges for allegedly working together to steal over $10,000 from a local business on the Isleta Pueblo in February 2023.

The indictment alleges that on February 4, 2023, Frank Joe Hernandez, 43, and his wife, Eva Ann Hernandez, 45, both of Los Lunas, traveled together to Chical Haystack and entered the business together. Eva walked to the cash register and remained near there to act as a lookout while Frank walked to the business office and stole approximately $10,410.30 in currency and a check from the business’ safe. Eva and Frank then left the business together.

Eva and Frank are both charged with one count each of conspiracy to commit larceny over $1,000 and larceny over $1,000. A federal judge detained Frank until trial. Eva was released with conditions, including that she does not enter the Isleta Pueblo.

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 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 Shiprock woman was sentenced to five years in prison for a tragic rollover accident in Shiprock, New Mexico which resulted in the death of her young granddaughter and serious injuries to another.

There is no parole in the federal system.

According to court documents, on July 1, 2021, Evelyn Bustamante, 60, drove her grandchildren from Shiprock and Farmington. Neither of the children were properly restrained in seatbelts or car seats. Around 3:00 PM, Bustamante lost control of the vehicle, causing it to roll over and eject all three occupants.

First responders rushed the trio to the Northern Navajo Medical Center where Bustamante admitted to consuming alcohol and methamphetamine earlier that day. Toxicology tests confirmed the presence of these substances in her system.

Jane Doe 1 suffered severe head trauma and was placed on a ventilator at the University of New Mexico Hospital. After five days, she succumbed to her injuries. Jane Doe 2 sustained a skull fracture and subdural hemorrhage but has since recovered.

Bustamante suffered multiple injuries, including lacerations and fractures, and underwent reconstructive surgery on her hand.

Upon her release from prison, Bustamante 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, 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 and New Mexico State Police. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.

# # #

ALBUQUERQUE – A Hobbs man was arrested for the illegal sale of automatic weapon conversion devices and a silencer after an undercover investigation by the Lea County Drug Task Force.

The criminal complaint alleges that undercover agents from the Lea County Drug Task Force purchased two Glock switches and one silencer from Tevon Wayne Davis Cobbs, 22, in the parking lot of his workplace in Hobbs, New Mexico.

During the transactions, Cobbs admitted to selling switches - devices that convert semi-automatic pistols into fully automatic "machineguns" - for the past 3-4 years. He offered to install the switches for the undercover agents and showed them videos of himself firing weapons with the illegal modifications.

During the transaction, Cobbs also offered to sell the agents a suppressor, stating he did not want to wait the typical 9-month wait time for legal ownership.

This was the second successful controlled purchase from Cobbs, following an initial sale of one switch on February 8, 2024.

Cobbs claimed to have a steady supply of the illegal devices, which he obtained from an unknown source.

The Lea County Drug Task Force is continuing its investigation into Cobbs' illegal firearms trafficking operation. Possession of Glock switches and unregistered suppressors are serious federal crimes that carry lengthy prison sentences.

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 is investigating this case with assistance from the Lea County Drug Task Force. Assistant United States Attorney Ry Ellison is prosecuting the case.

 

One (1) Glock switch with no markings, disassembled into three pieces.

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 Zuni man made an initial appearance on his Indictment related to the murder of a member of the Navajo Nation and is considered the prime suspect in a series of crimes targeting Native American men in Gallup, Zuni, and Albuquerque. He will remain in custody pending his detention hearing and arraignment, which is set for May 1, 2024.

Labar Tsethlikai, 51, an enrolled member of the Zuni Pueblo, is charged with murdering John Doe on January 18, 2024. John Doe was found deceased the next morning in a remote area of the Zuni Reservation on Route 7, approximately 300 yards eastbound of State Highway 602.

Prior to the murder, John Doe was last seen along East Highway 66 in Gallup, New Mexico.  

According to court records, Tsethlikai is linked to a string of murders, kidnappings, robberies, sexual abuses, and assaults, in both Indian Country and the Albuquerque Metropolitan Area between May 2023 and April 2024. Through the investigation, 10 other potential victims have been identified, with 7 crimes occurring within Indian Country, 1 crime involving the victim being transported from Indian Country to Albuquerque, and 3 crimes occurring in the Albuquerque area. One other victim is believed to have died after being kidnapped.

Investigators tied Tsethlikai to the crimes through a common modus operandi, victim statements, video surveillance, EBT records, DNA analysis, and advanced cellular phone tracking.  This comprehensive evidence placed Tsethlikai at or around each victim, including John Doe, during the relevant time periods. 

If convicted, Tsethlikai faces up to life 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 Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department’s Sex Crimes Unit and Air Support Unit. Assistant United States Attorneys Matthew J. McGinley, Mark A. Probasco, and Eliot Neal are prosecuting the case.

The FBI continues to investigate Tsethlikai’s involvement in crimes against other victims. If you have reason to believe you or someone you know may be a victim, or have information about Tsethlikai, please call the FBI at (505) 889-1300 or submit tips online at tips.fbi.gov.

Labar Tsethlikai is approximately 5’7” and weighs 180 pounds. He is heavyset, has short brown hair, brown eyes, and wears glasses. He sometimes wears a gold bracelet. He is from Zuni, but travels extensively around New Mexico, including Gallup, Albuquerque, and Santa Fe. He is believed to work in the Native American jewelry industry and may be a Zuni jewely artist.

 

 

Tsethlikai drives a gold/brown Chevy Silverado, single cab truck, with dual exhaust, bearing license plate number WNMU0043.

  

This case is 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.  

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 Mescalero man, Lestat Cree Valdez, 21, pleaded guilty in federal court to charges arising from the stabbing of an enrolled member of the Mescalero Apache Tribe.

According to court records, on May 18, 2023, Valdez assaulted Jane Doe, an enrolled member of the Mescalero Apache tribe by straddling her and stabbing her repeatedly in the head, face, and chest with a knife, causing Jane Doe to suffer serious bodily injury.

At sentencing, Valdez 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 Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

This case was investigated by the Las Cruces Resident Agency of the Federal Bureau Investigation with assistance from the Bureau of Indian Affairs. Assistant United States Attorneys Joni Autrey Stahl and Eliot Neal are prosecuting the case.

# # #

ALBUQUERQUE – A man is facing federal charges for allegedly murdering his former roommate.

Zebadiah Romero, 35, a non-Indian, appeared in federal court for an initial appearance where the Court temporarily detained him pending a detention hearing, which is scheduled for April 25, 2024.

Court documents alleges that on October 30, 2023, Romero shot and killed John Doe, an enrolled member of the Taos Pueblo, in his residence on the Taos Pueblo.

Romero is charged with first degree murder and using and carrying a firearm during and in relation to a crime of violence, discharging said firearm.

If convicted, Romero faces up to life in prison.

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 Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Taos Pueblo Department of Safety and the Albuquerque Police Department. Assistant United States Attorneys Jesse Pecoraro and Mark Probasco 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.

# # #

ALBUQUERQUE – A Las Cruces man was convicted by a federal jury of federal firearms and ammunition offenses including possession of a short-barreled AR-15.

According to court documents and evidence presented at trial, on September 2, 2022, in connection with a homicide investigation, search warrants were executed by the Dona Ana County Sheriff’s Office on a residence Delbert Tyler Trevino, 32, was house sitting and a truck he had driven during that time. During the search, law enforcement officers recovered a short-barreled American Tactical, model Omni Hybrid, multicaliber rifle in the closet of the spare bedroom where Trevino was staying at the time.

It was later determined that the barrel of said rifle was approximately ten inches in length and that the rifle was not registered in the National Firearms Registration and Transfer Record.

Prior to possessing the unregistered short-barreled rifle, Trevino was under indictment for three felony crimes in El Paso County, Texas.  While under indictment, Trevino illegally purchased, and therefore received, 5.56mm and 9mm ammunition from Sportsman’s Warehouse in Las Cruces, New Mexico, on two separate occasions in July and August of 2022.  During the execution of the search warrants on September 2, 2022, 5.56mm and 9mm ammunition matching the description of the ammunition Trevino purchased from Sportsman’s Warehouse were recovered from Trevino’s bedroom.  Spent 9mm casings were also recovered from the property and the truck Trevino was driving.

The Court ordered that Trevino remain in detention pending sentencing, which has not been scheduled. At sentencing, Trevino faces up to ten years in prison for the short-barreled rifle charge and up to five years in prison for each of the illegal receipt of ammunition charges.  Trevino is subject to up to three years of supervised released following his term of imprisonment.  

There is no parole in the federal system.

U.S. Attorney Alexander M.M. Uballez and Glen Henderson, Inspector in Charge of the Phoenix Division of the Postal Inspection Service, made the announcement today.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Doña Ana County Sheriff’s Office and the Las Cruces Police Department. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.

The homicide investigation remains pending.  If you have any information relating to this matter or other crimes committed by Trevino, please contact the Bureau of Alcohol, Tobacco, Firearms and Explosives at 1-888-ATF-TIPS or ATFTips@atf.gov.

# # #

A former sheriff’s deputy, Michael A. Martinez, 34, pleaded guilty today to violating the civil rights of a female arrestee by sexually assaulting her inside his patrol car and to 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.

“Police sexual violence targeting women in their custody are heinous crimes that have no place in our society,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant weaponized his authority, exploited the power of his badge, handcuffed the victim and assaulted her in the backseat of his vehicle. We cannot and must not normalize police sexual violence and exploitation. We encourage survivors to find the courage to come forward and report these crimes to the FBI. The Justice Department stands ready to use our federal civil rights laws to seek justice and restitution for survivors of sexual misconduct by law enforcement officers and others who abuse their authority.”

“Law enforcement officers serve the innocent and guilty alike” said U.S. Attorney Alexander M. M. Uballez for the District of New Mexico. “Being accused of a crime does not deprive you of the basic human right to dignity and respect. If you abuse your position of authority and betray the oath you swore to the public by sexually assaulting those in your charge, your badge will not shield you from justice.”

“Civil rights violations, particularly when they involve a member of law enforcement, are of tremendous concern,” said Special Agent in Charge Raul Bujanda of the FBI Albuquerque Field Office. “The entire law enforcement profession is tarnished when an officer betrays the oath to protect and serve. The FBI will vigorously investigate any officer or agent of the law who is breaking the rules that he or she is sworn to uphold or is violating the civil rights of others.”

According to the plea agreement, 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 began sexually assaulting her. Afterward, 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 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. 

A sentencing hearing will be set at a later date. Martinez faces a maximum penalty of 10 years in prison and up to three years of supervised release. In addition, Martinez must pay restitution to the victim and, upon release, adhere to state and federal sex offender registration requirements. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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 are prosecuting the case.

ALBUQUERQUE – An Albuquerque woman was sentenced to 63 months in prison for trafficking methamphetamine.  

According to court documents, on October 17, 2017, law enforcement intercepted two vehicles transporting methamphetamine to Farmington, New Mexico. Melissa Redfearn-Martinez was driving one of them. Law enforcement officers conducted a K9 sniff and search both vehicles. Inside Redfearn’s vehicle, officers found 776.2 grams of methamphetamine.

After completing her term of imprisonment, Martinez will be required to serve three years of supervised release. There is no parole in the federal system.

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 FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Joseph Spindle is prosecuting the case.

# # #

24-153

ALBUQUERQUE – An Albuquerque woman was sentenced to 12 months and one day in prison and ordered to pay restitution to the Pueblo of Jemez for stealing almost $400,000.00 to fund her gambling habit.

According to court documents, Beverly Scott, 48 worked as an Accounts Payable Clerk for the Pueblo of Jemez between 2014 and 2020. Part of Scott’s job was to generate checks to pay vendors for legitimate services rendered. Scott realized that she could go into the accounting system and change the name and address of any vendor with an outstanding invoice to her own name and address. She would then go back into the accounting system and change back the name and address of the vendor after a check had been issued.

In August 2020, a vendor called to inquire about an unpaid invoice while Scott was on leave. The invoice was investigated, and financial personnel discovered that a payment for that invoice had been issued, but that it had been made payable to Scott. Jemez Pueblo hired a forensic audit firm which identified 116 checks issued to Scott between June 2016 and July 2020 totaling $389,977.84. The firm also determined that a significant portion of the fraudulent payments came from the Indian Health Service funds.

Jemez Pueblo provided the audit reports to the FBI. During the subsequent federal investigation, agents interviewed Scott, who admitted to issuing the checks to herself and claimed that she had lost all the money at the Santa Ana Pueblo Casino and other area casinos.

Scott pled guilty to one count of federal program fraud on January 26, 2023.

After completing her term of imprisonment, Scott will be required to serve three years of supervised release. There is no parole in the federal system.

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 FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Sean J. Sullivan prosecuted the case.

# # #

ALBUQUERQUE – A Mexican national was convicted by a federal jury of drug trafficking and firearms offenses after less than 22 minutes of deliberation.

According to court documents and evidence presented at trial, on February 22, 2022, Albuquerque Police Department Officers (APD) were dispatched to a stolen vehicle call in Southeast Albuquerque.  Upon arrival, APD Officers observed three male subjects inside a parked pick-up truck matching the description given by the calling party. Octavio Jimenez-Marquez, 37, exited the front driver’s side of the vehicle and began to grab items from the bed of the truck. Officers gave commands for Jimenez to get on the ground and he complied.

After placing Jimenez under arrest, officers conducted an inventory search of the vehicle. During the inventory, officers located a large vacuum-sealed package containing 445 grams of methamphetamine and a stolen firearm underneath driver seat and an assault rifle up within arm’s reach of Jimenez.  The truck also contained a Ziplock bag with 84 grams of methamphetamine.

Jimenez claimed that he had borrowed the truck from a friend but was unable to provide the friend’s name and did not know any further information about him. When asked about the firearms and drugs, Jimenez admitted there was a rifle inside the truck, but stated that the guns and drugs were not his.

Subsequent investigation uncovered evidence on Jimenez’s cell phones that was consistent with drug-trafficking activity and firearm possession.  Investigators also learned that Jimenez was born in Mexico and never sought or obtained legal status in the United States.

On March 1, 2022, Jimenez was released to the third-party custody of the La Pasasda Halfway House pending trial. In July 2022, Jimenez absconded from supervision and a warrant was issued for his arrest. Jimenez was re-arrested in Albuquerque in December 2022.

The Court ordered that Jimenez remain in detention pending sentencing, which has not been scheduled. At sentencing, Jimenez faces a minimum of fifteen years and up to life in prison followed by five years of supervised release.

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 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 – The last of the eight defendants indicted following a joint law enforcement operation in Carlsbad last year pleaded guilty to federal drug offenses in federal court yesterday.

Jesus Alonso Cerezo-Espidio, 51, of Carlsbad, pleaded guilty to one count of conspiracy to distribute 5 grams and more of methamphetamine and conspiracy to distribute 500 grams and more of cocaine.

According to court records, on April 2, 2023, Cerezo-Espidio took possession of an ice chest which he knew to contain drugs from a co-conspirator in Mexico. Cerezo-Espidio was supposed to transport the drugs to Carlsbad, New Mexico, but not want to make the drive. Instead, Cerezo-Espidio left the ice chest in a car parked in El Paso, Texas overnight.

The following day, Cerezo-Espidio’s co-defendants, Kassandra Lee Perales and Carlos Venegas, Jr., arrived to pick up the ice chest and transport it to Carlsbad. Unbeknownst to them, law enforcement had seized the drugs overnight.

Lab tests later showed that the drugs in the ice chest were 1,974 net grams of cocaine and 501.4 net grams of pure methamphetamine.

Cerezo-Espidio will remain in custody pending sentencing, which has not been scheduled. At sentencing Cerezo-Espidio faces between five and 40 years in prison followed by a term of supervised release.

Venegas, Perales, Amber Owen, Kinny Gonzalez, Jared Michael Moore, Brian Kain Purdy and Sabino Alfonso Maldonado each pled guilty to federal drug charges and remain in custody pending sentencings, which have not been scheduled.

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 Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pecos Valley Drug Task Force, with enforcement assistance from the United States Marshal Service, Carlsbad Police Department, Eddy County Sheriff’ Department, Roswell Police Department, Chaves County Drug Task Force, DEA Airwing and Customs and Border Patrol. The New Mexico Air National Guard’s Air Unit, Artesia Police Department and Customs and Border Patrol’s Air Unit provided support during the operation on August 1, 2023.

Assistant U.S. Attorneys Renee L. Camacho and Devon Aragon-Martinez are prosecuting the case.

This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.  The task force initiatives are also part of the New Mexico High Intensity Drug Trafficking Area program (HIDTA), a federal grant program that supports law enforcement efforts to combat the drug threat in the state. 

# # #

ALBUQUERQUE – A Santo Domingo woman was sentenced to 17 months and 2 days in prison for assaulting a Bureau of Indian Affairs officer during a traffic stop.

According to court documents, on October 21, 2021, an officer from the Bureau of Indian Affairs executed a traffic stop on a car driven by Henryetta John, 31, for driving 15mph in a 45mph zone on the Pueblo of Santo Domingo. Initially, John sped up before eventually stopping. When the officer approached John, she observed her bloodshot eyes and that she had difficulty producing a driver’s license. John failed a subsequent field sobriety test and admitted to consuming alcohol.

The officer arrested John for driving under the influence. Initially, John complied, however when the officer attempted to place John in handcuffs, she slipped the handcuffs and physically assaulted the officer, causing them to roll down a hillside. The officer sustained multiple injuries as a result of the altercation.

When the officer separated from John, she climbed up the hill to her police vehicle and called for assistance while John fled. A K9 unit and other officers responded and pursued John. They found her hiding under a tree. John refused to respond to commands to come out from under the tree, so they attempted to use the police dog to retrieve her. John struck the police dog in the face. The K9 officer then put a cuff on John, and she tried to pull away and resist, but the officer and the police dog removed John from the tree and arrested her.

After completing her term of imprisonment, John will be required to serve three years of supervised release. There is no parole in the federal system.

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 FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs and the Sandoval County Sheriff’s Office. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.

# # #

ALBUQUERQUE – A Fruitland man is facing federal charges following allegations that he and his brother instigated a confrontation at a residence which culminated in a standoff with law enforcement officers. Walliford Tso, 35, of Fruitland, and an enrolled member of the Navajo Nation, appeared in federal court for an initial appearance where the Court temporarily detained him pending a detention hearing, which is scheduled for April 17, 2024.

The criminal complaint alleges that on March 23, 2024, Tso and his brother, Justin Tso, went to Jane Doe’s home in Fruitland, New Mexico. Justin entered the home and asked Jane Doe for a cigarette. When she told Justin that she had no cigarettes, Justin took a machete that was lying near the front door without permission and walked away.

When Jane Doe’s significant other, John Doe 1, yelled after the brothers, a verbal altercation followed. After the exchange, the brothers chased John Doe into the house. As Jane Doe was locking the door behind him, the brothers kicked in the door, entered the home and assaulted John Doe.

John Doe was able to get away and exited the house with Jane Doe and their small child. Jane Doe and John Doe called 911 using their cellphone. A Navajo Police Department officer arrived during the incident and detained Tso’s brother before searching for Tso. The search led him to Tso’s parents’ house about 200 yards away. The officer went around to the back of the house and observed Tso hiding behind a structure with a rifle in his hands. Tso raised the rifle and pointed it at the officer, who took cover and gave Tso commands to drop the weapon. Tso eventually obeyed and was taken into custody.

Tso is charged with assault with a dangerous weapon, and using, carrying, and brandishing a firearm during and in relation to a crime of violence. If convicted of the current charges, Tso faces up to 17 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 Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of 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 Meg Tomlinson 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 Thoreau man pleaded guilty in federal court to charges arising from the shooting of his friend during a drunken argument.

Gerrick Mariano, 26 years old, an enrolled member of the Navajo Nation, pleaded guilty to assault resulting in serious bodily injury.

According to court records, on August 20, 2022, Mariano and his friend, John Doe, were drinking alcohol when they got into a verbal argument. Afterwards, Mariano pointed a rifle at John Doe’s chest; Doe pushed the barrel of the rifle away. The rifle accidentally discharged, and a bullet struck John Doe in his right shoulder.

John Doe had to be airlifted to a hospital for medical treatment and continues to experience limited use of his right shoulder.

At sentencing, Mariano faces up to 10 years in prison followed by three years of supervised release. He must also make restitution to Doe for expenses directly linked to his crime.

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 Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation, New Mexico State Police, and New Mexico Park Rangers. Assistant United States Attorney Zachary Jones is prosecuting the case.

# # #

A former private prisoner transport officer, Marquet Johnson, 45, was sentenced to 30 years in prison and five 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 multiple female pretrial detainees by sexually assaulting them during prisoner transports.

“This sentence shines a light on the private prisoner transport industry that countless law enforcement agencies across this country rely on to transport people who are arrested on warrants outside their jurisdiction,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These private companies often operate in the shadows of our criminal justice system where some officers have seized the opportunity to physically and sexually abuse vulnerable victims in their custody. This sentence highlights the abuses of this industry, the bravery of the victims who came forward to report that abuse and our commitment to seeing justice done for these victims.”

“Criminal defendants have a right to be treated with dignity,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “As law enforcement officers, we are charged not only with protecting the public from harm but also with protecting the rights of suspects. If you abuse your position of authority to sexually assault those entrusted to your care, your badge will not shield you from justice.”

“Law enforcement officers and other officials receive certain powers from the government so they can defend the rights of the people and prevent wrongdoing,” said Special Agent in Charge Raul Bujanda of the FBI Albuquerque Field Office. “When individuals working in an official capacity violate the trust of their communities by abusing that power, they undermine the hard work of all officials. The despicable actions perpetuated by Johnson, against those he was entrusted to protect, have no place in society. When you break the trust you’re given as a member of law enforcement and ultimately break the law, there are consequences. Today’s sentence is a resounding reminder that the FBI is committed to restoring trust in law enforcement by holding those who abuse their privileges and abandon their responsibilities accountable. We encourage survivors to find the courage to come forward and report these crimes to the FBI. I commend the hard work of our agents, our law enforcement partners with the Bernalillo County Sheriff's Office and the U.S Attorney’s Office for the District of New Mexico with helping to bring justice to the victims in this case and holding Johnson to account for his crimes.”

According to court documents, at the time of the offense, Johnson worked as a prisoner transport officer for Inmate Services Corporation (ISC). As a prisoner transport officer, Johnson performed the government function of picking up individuals who were arrested on out-of-state warrants and transporting those individuals back to the jurisdictions that issued the warrants. On Nov. 4, 2019, Johnson and his transport partner picked up the victim, a female pretrial detainee, from a jail in Santa Fe, New Mexico, to transport her to Delta County, Colorado.

That same day, while still in New Mexico, Johnson’s transport partner stopped the transport van at a rest stop. As soon as Johnson’s transport partner walked away from the van, Johnson ordered the victim to move to the bench row in the back of the transport van, climbed into the back of the van, removed the victim’s ankle restraints and loosened her handcuffs. The victim told Johnson that she was unsure what was going on but said that she did not want “to do this.” In response, Johnson pulled out a firearm, and, resting the weapon on his lap, told the victim that he wanted her to cooperate with him, “otherwise, it was going to get ugly.”

Johnson then ordered the victim to partially remove her clothing and lay down on her back. The victim did so but again told Johnson she did not want to do this. In response, Johnson held the firearm against the victim’s cheek while raping her. Johnson admitted that the victim did not consent to any of the sexual conduct and that his conduct included the use of a dangerous weapon and aggravated sexual abuse.

Johnson also admitted that this was not the first or last female pretrial detainee who he sexually assaulted during an ISC prisoner transport. Johnson admitted that in July 2019, he transported another female pretrial detainee from Spencer, Indiana, to San Marcos, Texas. While en route to Texas, during a stop at ISC headquarters in West Memphis, Arkansas, Johnson forced the detainee to perform oral sex on him. Johnson admitted that this victim also did not consent to any of the sexual conduct and that his misconduct included aggravated sexual abuse.

Further, Johnson admitted that, in August 2019, he transported yet another female pretrial detainee from Baker County, Oregon, to Warrensburg, Missouri. While in Missouri, Johnson stopped the transport van at a hotel, where he proceeded to rape the victim. A short time later Johnson brought the female detainee back outside to the transport van and, after resuming the transport, forced the female detainee to perform oral sex on him. Johnson admitted that this victim also did not consent to any of the sexual conduct and that his misconduct included aggravated sexual abuse and kidnapping.

The FBI Albuquerque Field Office investigated the case, with assistance from the Bernalillo County, New Mexico, Sherriff’s Office.

Trial Attorney Laura Gilson of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Kimberly Brawley for the District of New Mexico prosecuted the case, with assistance from the U.S. Attorneys’ Offices for the Eastern District of Arkansas and Western District of Missouri.

ALBUQUERQUE – A former Lobo football player was convicted by a federal jury, after less than two hours of deliberation, robbing a postal carrier, stealing an arrow key belonging to the United States Postal Service, and being a prohibited person in possession of a firearm.

According to court documents and evidence presented at trial, on January 18, 2022, Rashawn Boyce, 28, of Albuquerque, and his co-defendant, Marquae Kirkendoll, 23, of Chicago, Illinois, approached a mail carrier while he was sitting in his truck near Louisiana and Central, pulled him out of his truck slammed him on the ground. The mail carrier testified that each suspect put a pistol to his head and demanded his keys. The mail carrier handed over his keys before a neighbor who witnessed the altercation intervened, but Boyce and Kirkendoll ran back to their car and took off.

The mail carrier was injured in the attack and feared for his life.

Following the attack, investigators from the U.S. Postal Inspectors Service received an anonymous tip leading them to Boyce. Investigators surveilled Boyce for several days while investigating him and eventually executed a search warrant on Boyce’s apartment. There they found the clothing Boyce could be seen wearing in video of the attack. A revolver, and two semiautomatic guns were seized.

During a subsequent interview, Boyce named Kirkendoll as his accomplice. Kirkendoll pled guilty in federal court to conspiracy and faces not more than 20 years in prison at sentencing.

The Court ordered that Boyce remain in detention pending sentencing, which has not been scheduled. At sentencing, Boyce faces up to ten years in prison followed by three years of supervised release.

There is no parole in the federal system.

Boyce is also under indictment for trafficking methamphetamine into the Cibola County Correctional Center in May 2022, while being held on the robbery case. The trial for those charges is scheduled for later this year.

U.S. Attorney Alexander M.M. Uballez and Glen Henderson, Inspector in Charge of the Phoenix Division of the Postal Inspection Service, made the announcement today.

The United States Postal Inspection Service investigated this case with assistance from Homeland Security Investigations. Assistant U.S. Attorneys Letitia Carroll Simms and Joseph Spindle prosecuted the case.

# # #

ALBUQUERQUE – A Carlsbad man was sentenced to 240 months in prison after pleading guilty to two counts of possession with intent to distribute 50 grams and more of methamphetamine and one count of being a felon in possession of a firearm and ammunition.

Manuel Pineda Montoya, 44, was arrested during 2023 joint enforcement operation in Carlsbad, New Mexico which resulted in the arrest of 12 alleged drug and firearms traffickers.

According to court documents, in May of 2023, Montoya was pulled over in three separate traffic stops – two in Eddy County and one in Lincoln County. During the first incident, officers located 3.8 kilograms of fentanyl pills, over $11,000 in cash, and two loaded firearms in Montoya’s vehicle. As a previously convicted felon, Montoya knew that he was prohibited from possessing any firearms or ammunition.

During the next two incidents, officers found a total of 6,710 net grams of methamphetamine in Montoya’s vehicle. In his plea agreement, Montoya admitted that he intended to distribute the methamphetamine to others.

After completing his term of imprisonment, Montoya will be required to serve five years of supervised release. 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 investigated this case with assistance from Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pecos Valley Drug Task Force, with enforcement assistance from the United States Marshal Service, Carlsbad Police Department, Eddy County Sheriff’ Department, Roswell Police Department, Chaves County Drug Task Force, DEA Airwing and Customs and Border Patrol.

Assistant U.S. Attorneys Renee L. Camacho and Devon Aragon-Martinez are prosecuting the case.

This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.  The task force initiatives are also part of the New Mexico High Intensity Drug Trafficking Area program (HIDTA), a federal grant program that supports law enforcement efforts to combat the drug threat in the state.

# # #

ALBUQUERQUE – An Albuquerque man was sentenced to 33 months in prison after pleading guilty to being a prohibited person in possession of a firearm and ammunition. This case was adopted from state prosecution in cooperation with the Second Judicial District Attorney’s Office.

According to court documents, on December 4, 2022, deputies from the Bernalillo County Sheriff’s Office responded to a residence in the South Valley in reference to a domestic violence incident. The victim told dispatchers that her boyfriend, Leon Ruben Salazar, 42, pointed a firearm at her during an argument. The victim stated that she had been holding her two-year-old child at the time.

Following a 12-hour standoff with law enforcement, Salazar was taken into custody and transported to BCSO’s prisoner transport center. While there, Salazar admitted to smoking fentanyl the prior day and that a rifle was under his bed.

Based on that information, BCSO deputies obtained a search warrant for the residence. Inside, detectives found two handguns, a rifle and ammunition. In addition to the firearms, detectives located three bags of fentanyl pills weighing a total of approximately 20.6 grams, Xanax pills weighing approximately 12.5 grams, a baggie of methamphetamine, 14 Suboxone strips, two Fentanyl patches, and drug paraphernalia.

As a previously convicted felon and an unlawful user of and addict to a controlled substance, Salazar was prohibited from possessing a firearm and ammunition. At sentencing, federal prosecutors successfully argued that Salazar’s conduct and criminal history warranted a sentence at the top end of his guideline sentence of 27 to 33 months.

After completing his term of imprisonment, Salazar will be required to serve three 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 Bernalillo County Sheriff’s Office 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 every felony criminal complaint 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 343 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.

# # #

ALBUQUERQUE – A federal grand jury returned an indictment yesterday charging Jaremy Smith with the murder of New Mexico State Police Officer Justin Hare. Smith, 33, of South Carolina, is scheduled to be arraigned on the charges April 18, 2024.

According to court documents, on March 15, 2024, Smith attempted to flag down passing motorists on Interstate 40 in Quay County, New Mexico, to assist with a flat tire. Smith had stolen the vehicle, a white BMW, from South Carolina on or about March 13, 2024, and drove it to New Mexico before it became disabled. NMSP Officer Justin Hare was dispatched to the scene to assist Smith. Upon Officer Hare’s arrival at approximately 5:04 a.m. that morning, Smith approached the passenger side of Officer Hare’s patrol vehicle where the two engaged in a short conversation. Smith then shot Officer Hare with a Taurus 9mm pistol that he had stolen from South Carolina.

Afterward, Smith walked to the driver’s side window and shot Officer Hare two additional times. Smith then entered Officer Hare’s patrol vehicle and drove it westbound Interstate 40 before taking the first exit. After driving some distance, Smith removed Officer Hare from the vehicle and then continued driving the patrol unit before eventually crashing it in Guadalupe County, New Mexico. Officer Hare succumbed to the injuries that Smith inflicted during the course of the carjacking and kidnapping.

The federal indictment charges Smith with carjacking resulting in death, causing death by the discharge of a firearm during and in relation to a crime of violence, kidnapping resulting in death, being a prohibited person in possession of a firearm, possession of a stolen firearm and interstate transport of a stolen vehicle.

If convicted of the current charges, Smith faces a mandatory life sentence or death for the kidnapping resulting in death charge, and any number of years up to life or death for the carjacking and discharge of a firearm offenses.

There is no parole in the federal system.

The FBI Albuquerque Field Office and New Mexico State Police investigated this case with assistance from the Tenth Judicial District Attorney’s Office and the Bernalillo County Sheriff’s Office. Assistant U.S. States Attorneys Paul Mysliwiec and Jack Burkhead are 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 Ohkay Owingeh man is facing federal charges for allegedly assaulting a victim with a firearm. Robert Abyeta, 50, an enrolled member of the Pueblo of Ohkay Owingeh, appeared in federal court for an initial appearance where the Court temporarily detained him pending a detention hearing, which is scheduled for April 15, 2024.

The indictment alleges that on June 28, 2023, Abeyta assaulted the victim with a firearm with the intent to cause bodily harm.

Abeyta is charged with assault with an assault resulting is serious bodily injury, assault with a dangerous weapon, and using and carrying a firearm during and in relation to a crime of violence, discharging said firearm.

If convicted, Abeyta faces up to life 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 Ohkay Owingeh Police Department and Santa Clara Police Department. 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 – A Mescalero man was sentenced to 41 months in prison after pleading guilty to assault of an intimate partner resulting in substantial bodily injury.

According to court documents, on October 4, 2022, Jaydyn Diamond Lester, 20, an enrolled member of the Mescalero Apache Tribe, assaulted his intimate partner by shooting her repeatedly with a BB gun and then striking her in the head several times with the butt end of the BB gun when she tried to leave the residence.

As a result of the assault, the victim suffered bruising and a large eight-centimeter laceration to her head, requiring six staples to close.

After completing his term of imprisonment, Lester will be required to serve 2 years of supervised release. There is no parole in the federal system.

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

# # #

ALBUQUERQUE – A La Jara man is facing federal charges following allegations that he engaged in sexual acts with two minors using force.

Ronald Mescal, a.k.a. “Ron Charlie,” 61, an enrolled member of the Navajo Nation, appeared in federal court today for arraignment on an indictment charging him with three counts of aggravated sexual abuse. Mescal will remain on conditions of release in the third-party custody of a halfway house pending trial, which has not yet been scheduled.

The indictment alleges that between July 1992 and August 1996, Mescal engaged in sexual acts with a victim under the age of 18 years by using force. Then, between September 2009 and September 2016, Mescal engaged in sexual acts with a victim who was under the age of 12 years.

If convicted, Mescal faces up to life in prison.

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 Gallup Resident Agency of 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, and the Bureau of Indian Affairs. Assistant United States Attorney Robert James Booth II 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 Fruitland man is facing federal charges following allegations that he and his brother instigated a confrontation at a residence which culminated in a standoff with law enforcement officers. Justin Tso, 36, an enrolled member of the Navajo Nation, appeared in federal court for an initial appearance where the Court detained him pending a detention hearing, which has been scheduled for April 12, 2024.

The criminal complaint alleges that on March 23, 2024, Tso and his brother, Walliford Tso, went to Jane Doe’s home in Fruitland, New Mexico. Tso went into Jane Doe's home and asked for a cigarette. When she told him that she had no cigarettes, Tso took a machete that was lying near the front door without permission, then left.

Jane Doe’s significant other, John Doe 1, yelled after the brothers and a verbal altercation followed. After the exchange, the brothers chased John Doe 1 into the house and assaulted him.  John Doe 1 was able to get away by slipping out of his shirt and exited the house with Jane Doe and their small child. The brothers followed and continued to assault John Doe 1.  Jane Doe and John Doe called 911 using their cellphone. A Navajo Police Department officer arrived shortly after the incident and detained Tso.

Tso is charged with assault with a dangerous weapon and aiding and abetting. If convicted of the current charges, Tso faces up to 10 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 Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of 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 Meg Tomlinson is prosecuting the case.

View the Criminal Complaint

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 sentenced to 54 months in prison after pleading guilty to assault of an intimate partner by strangling.

According to court documents, on or about July 8, 2022, Patrick Maestas, Jr., 34, an enrolled member of the Jicarilla Apache Nation, had consumed a large amount of alcohol when he and his intimate partner, Jane Doe, began to argue. The argument escalated and Maestas assaulted and strangled Jane Doe in front of their child. The strangulation was so forceful that Doe could not breathe and began to black out.

After completing his term of imprisonment, Maestas 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 Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation, 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 Kimberly Bell is prosecuting the case.

# # #

ALBUQUERQUE – A federal judge sentenced an Albuquerque man to 36 months in prison for the illegal sale of firearms, including machineguns, and the illegal possession and transfer of machineguns. Some of these firearms ended up in the wrong hands.

Marquez Martinez, 24, came to the attention of the Albuquerque Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives on January 10, 2023, when a fifteen-year-old West Mesa High School student was found on campus with two firearms. One of the firearms was a Glock modified with machine gun conversion device also known as a “switch,” a device that converts ordinary handguns into fully automatic weapons and are by themselves considered machineguns under federal law. The possession of machineguns, but for narrow exceptions, is illegal under federal law. The Glock was traced back to Martinez. Martinez was further identified via his Instagram account where he advertised handguns and machineguns for sale.

Later, on March 2, 2023, a Texas State Ranger conducted a traffic stop on a vehicle occupied by an individual suspected of a homicide. Officers searched the vehicle and recovered a Glock which was modified with a switch. The Glock was traced back to Martinez.

Then, on March 8, 2023, the APD Gun Violence Suppression Unit stopped a vehicle in Albuquerque. Officers searched the vehicle and recovered a Glock. The Glock was traced back to Martinez.

In addition to the recovered firearms, between February and March of 2023, law enforcement purchased the following items from Martinez through his Instagram account:

• 4 machineguns
• 3 firearms
• 6 strips of LSD
• 500 fentanyl pills

On May 11, 2023, a search warrant was executed on Martinez’s residence. Inside, agents recovered a silencer, ammunition, and 13 additional firearms.

During a subsequent interview, Martinez admitted to buying and selling “hundreds” of firearms and at least fifty in the six months prior to his arrest.

Upon his release, Martinez will be subject to 36 months of supervised release. There is no parole in the federal system.

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 (ATF), made the announcement today.

This case was prosecuted, in part, 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.

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.

Front of a machine gun conversion device

Back of a machine gun conversion device

# # #

SAN ANTONIO – A Mexican national was sentenced in a federal court in San Antonio to 240 months in prison for one count of illegal re-entry into the United States. The man was previously sentenced by a New Mexico state court for murder.

According to court documents, Luis Antonio Talamantes-Romero, 36, of Juarez, Chihuahua, Mexico, was arrested by an Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE-ERO) agent who learned Talamantes had illegally re-entered the U.S. after being deported multiple times. Talamantes pleaded guilty to the indicted offense in May 2020.

The following year, in June 2021, Talamantes was charged with murder in New Mexico state court. In the murder trial, an accomplice testified that he and Talamantes were breaking into cars in Albuquerque the night of Nov. 19, 2019, when they saw 55-year-old Jacqueline Vigil warming up her vehicle in her driveway. Talamantes said he wanted to rob her and shot Vigil in the head when she honked her car horn. The next day, Talamantes fled Albuquerque for San Antonio, where he would be arrested by ICE. The New Mexico jury found Talamantes guilty of murder and a variety of other offenses. He was sentenced to life in prison, plus 26.5 years to run consecutively.

Talamantes-Romero’s 20-year federal prison sentence will run consecutively to any time he serves in New Mexico. There is no parole in the federal system.

“This maximum prison sentence for Talamantes-Romero will prevent him from further violating our immigration laws and protects the public from his violent acts, which sadly included the senseless murder of an innocent woman,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I deeply appreciate the work of our partners at ICE to apprehend Talamantes and thank the U.S. Attorney’s Office for the District New Mexico for assisting with the prosecution.”

“We are one community, and the loss of one is a loss to us all,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “We will fight for justice for New Mexicans, no matter what the charge, no matter where we have to go. I thank the United States Attorney’s Office for the Western District of Texas for their support, and the brave men and women of the FBI and APD for never relenting in their search.”

“This reflects ERO’s ongoing efforts to increase public safety by removing criminals from our communities,” said Director Corey Price for the ERO San Antonio Field Office. “We will continue to identify, arrest and remove noncitizens who pose a threat to our nation.”

ICE-ERO investigated the case. The FBI Albuquerque Field Office provided valuable assistance in the prosecution, along with the Albuquerque Police Department.

Assistant U.S. Attorney William Calve for the Western District of Texas prosecuted the case along with Assistant U.S. Attorneys Fred J. Federici, Letitia Carroll Simms, Jack E. Burkhead, and James R.W. Braun for the District of New Mexico.

###

ALBUQUERQUE – A Santa Fe man pleaded guilty in federal court to two counts of assaulting a child under the age of 16.

According to court documents, On June 19, 2021, Luis Xavier Rael, 36, was supervising his girlfriend’s 12-year-old son, who is a member of the Pueblo of Nambe. Rael made the child do a series of physical exercises, which he did not to complete to Rael’s satisfaction. Rael then hit the child with a tree branch and a belt on his butt, lower back, and upper legs.

At sentencing, Rael faces up to two years in prison. He may also be ordered to pay restitution to his victim for expenses related to the crime.

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

The Bureau of Indian Affairs investigated this case with assistance from the Santa Clara Police Department. Assistant U.S. Attorney Zachary Jones is prosecuting the case.

# # #

ALBUQUERQUE – A federal judge handed down a 15-year prison sentence to a Mescalero man for sexually abusing a 13-year-old child. At the time of the incident, Dexter Whiskers, 45, an enrolled member of the San Juan Southern Paiute Tribe, was employed by the Bureau of Indian Affairs as a corrections officer.

There is no parole in the federal system.

According to publicly available court records, in addition to the 13-year-old victim, Whiskers has been accused of physically and sexually abusing multiple women, including a minor who had been placed in foster care at his home, an inmate he was transporting for the Bureau of Indian Affairs, and women with whom he was in a relationship.

Upon his release from prison, Whiskers will be subject to 15 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 Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the New Mexico State Police and the full cooperation of the Bureau of Indian Affairs. Assistant United States Attorney Matilda McCarthy Villalobos is prosecuting the case.

ALBUQUERQUE – This week, agents from the FBI and the Las Cruces/Dona Ana County Metro Narcotics Agency executed search warrants at the Imperial Sky Motel on West Picacho Avenue and other locations throughout Las Cruces as part of an ongoing operation targeting a Las Cruces based drug trafficking organization. During the operation, agents seized fentanyl, methamphetamine, cocaine, and multiple stolen firearms.

The federal search warrants were conducted in conjunction with four other New Mexico state search warrants executed by the Dona Ana County Sheriff’s Office, Las Cruces Police Department, and New Mexico State Police at the Coachlight Motel Inn & RV on Motel Boulevard in Las Cruces. As a result of the operations, five people were arrested on state charges and one person was arrested on federal charges.

The search warrants were conducted as a follow-on operation after a similar joint operation occurred at motels located on West Picacho Avenue in March 2024.

U.S. Attorney Alexander M.M. Uballez, Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, and Chief Jeremy Story of the Las Cruces Police Department, announced the results of a coordinated enforcement operation in Las Cruces today.

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case in collaboration with the Las Cruces Police Department. Assistant U.S. Attorney Maria Armijo is assisting with the investigation.

 

# # #

ALBUQUERQUE – A Fruitland man pleaded guilty in federal court to federal firearms offenses for opening fire on an occupied residence, then shooting at the occupants as they exited to investigate. Nathaniel Begay, 30, and an enrolled member of the Navajo Nation, pleaded guilty to one count each of assault with a dangerous weapon and using and carrying a firearm during and in relation to a crime of violence.

According to court records, on April 28, 2022, Begay, drove to a residence within the exterior boundaries of the Navajo Nation and fired upon the residence, which was occupied by three adult individuals and five children, with two handguns.  After Begay shot at the residence, the occupants exited to investigate the succession of gunfire.  Once they were outside the home, and while they were directly in front of him, Begay opened fire a second time, striking the residence while the occupants ran back inside.

At sentencing, Begay faces between seven and 10 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 Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Farmington Resident Agency of 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 Matthew J. McGinley is prosecuting the case.

View the Plea Agreement

# # #

ALBUQUERQUE – A federal judge handed down a 30-year prison sentence to a former El Paso Independent School District employee. Last year, Jeffrey Steven Clay, 51, of Anthony, New Mexico, was convicted at trial of one count each of kidnapping and transportation for illegal sexual activity.

There is no parole in the federal system.

According to publicly available court records, on August 4, 2021, Jane Doe was waiting at a bus stop in El Paso, Texas when Clay offered her a ride to her friend’s house. Jane Doe accepted the ride and, in return, put $10 in the car’s center console to pay for gas. Instead of taking her to her friend’s home, Clay kidnapped Jane Doe and took her to his house in Anthony, New Mexico where he handcuffed and violently raped her. During the rape, Clay told Jane Doe that she deserved it.

Afterward, Clay drove Jane Doe back to El Paso. When he stopped at a redlight, Jane Doe jumped out of the vehicle and ran inside a Circle K to ask for help. Based on Jane Doe’s Google timeline history and descriptions of Clay’s residence, investigators from the Dona Ana County Sheriff’s Office obtained a search warrant for his residence where they found evidence supporting Jane Doe’s description of events.

At the time, Clay was employed as the Executive Director of Analytics, Strategy, and Assessment and Public Education Information Management Systems for the El Paso Independent School District

 At trial and at sentencing, another woman testified that Clay raped her numerous times when she was minor and when she was an adult, including while she was seven months pregnant. The woman initially reported the rapes when she was a child, but recanted after Clay threatened her.

Upon his release from prison, Clay will be subject to 10 years of supervised release and must register as a sex offender. Clay was also ordered to pay a $5,000 fine and a $5,000 special assessment under the Justice for Victims of Trafficking Act. Restitution to Jane Doe will be determine at a hearing in May.

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 Doña Ana County Sheriff’s Office, the El Paso Police Department, and the Third Judicial District of New Mexico District Attorney's Office. Assistant United States Attorneys Matilda McCarthy Villalobos and Ry Ellison prosecuted the case.

# # #