District of New Mexico

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, announced that Danyell Kerr, Jr. was sentenced to 11 years in prison. Kerr, 32, of Albuquerque, pled guilty to possession with intent to distribute 40 grams and more of fentanyl and possessing a firearm in furtherance of a drug trafficking crime on Nov. 27, 2023.

According to publicly available court records, on April 20, 2023, DEA agents received information from a citizen that Kerr was a supplier of fentanyl. The citizen called Kerr and set up a time and location to buy fentanyl pills. DEA agents established surveillance at the predetermined meet location and observed Kerr arrive at the location. Agents approached Kerr and arrested him. When they searched the vehicle that he was driving, they located, within arms reach of the driver’s seat, 984.4 gross grams of fentanyl pills and a pistol, loaded with a round chambered.

Upon his release from prison, Kerr will be subject to 5 years of supervised release.

The Drug Enforcement Administration investigated this case with the assistance of the Albuquerque Police Department. Assistant United States Attorney Joseph M. Spindle prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Ashton Louis Apachito pleaded guilty in federal court to assault of an intimate partner by strangling. Apachito, 19, of Mescalero and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending sentencing, which has not been scheduled.

According to publicly available court documents, on July 19, 2023, Apachito assaulted his girlfriend, Jane Doe, at his mother’s house. Following the incident, Jane Doe left the residence to stay with her mother. Over the next several days, Apachito harassed Jane Doe by phone and threatened to throw all of her belongings in the road. On July 29, Jane Doe returned to the residence to collect her belongings, at which time Apachito attacked Jane Doe, pushing her to the ground, kicking her in the stomach multiple times and choking her. The next morning, Jane Doe called her mother and asked her to pick her up. Jane Doe’s mother reported the domestic violence to BIA and Jane Doe was transported to the Lincoln County Medica Center for treatment.

At sentencing, Apachito faces up to 10 years imprisonment.

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Jonathan Bivins pleaded guilty in federal court to being a felon in possession of a firearm and ammunition. Bivins, 41, of Alamogordo, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Bivins on Dec. 6, 2023. According to publicly available court records, on Aug. 31, 2023, the FBI and New Mexico State Police executed a federal search warrant targeting the Bandidos Motorcycle Club (BMC) at a residence in Alamogordo. Bivins, a member of the BMC, was located at the residence along with his motorcycle, BMC gang paraphernalia and thirteen firearms. As a previously convicted felon, Bivins knew that he was prohibited from owning firearms or ammunition.

At sentencing, Bivins faces up to 15 years in prison.

The FBI Albuquerque Field Office and New Mexico State Police led the investigation as part of the Outlaw Motorcycle Gang Task Force. Assistant U.S. Attorneys Joseph M. Spindle and David B. Hirsch are prosecuting the case.

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Melvin C. Smith was sentenced to one year of supervised probation. Smith must also pay full restitution to both victims. Smith, 63, of Sanostee, and an enrolled member of the Navajo Nation, pleaded guilty to assault by striking, beating, or wounding on November 28, 2023.

According to court records, on October 6, 2022, Smith used a long, hard wooden walking stick to assault his brother-in-law and his brother-in-law’s girlfriend. Smith also punched the girlfriend in the face. Following the assault, the two victims drove to Shiprock for medical treatment. Smith’s brother-in-law suffered a fractured forearm and cuts to his hand. His girlfriend suffered various contusions and a concussion without loss of consciousness. Days later, Smith called his brother-in-law and left an apologetic voicemail.

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jeffrey C. Boshek II, Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced that David Anthony Aguilar was sentenced to 53 months in prison. Aguilar, 27, of Las Cruces, pleaded guilty in federal court to being a felon in possession of a firearm and possession of an unregistered firearm on Sept. 25, 2023.

According to publicly available court records, on Jan. 25, 2023, officers from the Las Cruces Police Department responded to a report of a gunshot victim at an apartment in Las Cruces. Upon arrival, officers located a deceased victim with a single gunshot to the head. A 12-gauge short barrel shotgun was located on the floor next to the victim. The victim’s neighbor reported to officers that they went to the victim’s apartment after hearing an argument followed by a loud bang. When the neighbor knocked on the front door, Aguilar answered holding the short barrel shotgun and told the neighbor to call 911 because the victim had shot herself. When the neighbor returned to their apartment, they witnessed Aguilar and another man identified as Margarito Serena fleeing the scene.

Aguilar and Serena were apprehended by officers that same day. During an interview, Aguilar claimed that he and the victim had physically fought over the shotgun and that he had accidentally discharged the firearm. Aguilar claimed that Serena had brought the shotgun to the apartment earlier that day and they had fled the scene because they were both convicted felons.

Serena, 30, of Las Cruces, pleaded guilty in federal court to being a felon in possession of a firearm and possession of an unregistered firearm on April 27, 2023. Serena was sentenced to six and a half years in prison, followed by three years of supervised release.

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

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

Anyone experiencing domestic violence or who knows someone experiencing domestic violence can reach an advocate at the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY). In New Mexico, the Domestic Violence Resource Center is available by telephone at (505) 843-9123 or online at https://dvrcnm.org/.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Willard Haven Dedios pleaded guilty in federal court to sexual abuse of an incapacitated person. Dedios, 60, of Farmington, and an enrolled member of the Jicarilla Apache Tribe, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Dedios on Nov. 9, 2022. In his plea agreement, Dedios admitted that on May 26, 2022, he engaged in a sexual act with Jane Doe while she was unconscious and that he took photos of his acts and Jane Doe’s condition.

At sentencing, Dedios faces up to life in prison.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Jicarilla Apache Police Department. Assistant United States Attorney Alexander F. Flores is prosecuting the case.

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

View the Plea Agreement

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Juan Antonio Flores was sentenced to 17.5 years in prison. Flores, 47, of Carlsbad, pleaded guilty to enticement of a minor on Sept. 19, 2023.

According to publicly available court records, the FBI obtained a federal search warrant for an address in Carlsbad associated with an online account for a fetish website that had been discussing the sexual molestation of a 9-year-old minor and sending child pornography of that minor. After execution of the search warrant, the FBI was able to verify that the adults living at the address, Joseph and Rachel Crutcher, had been sexually abusing three children in their care and had been setting up meetings with other individuals to sexually abuse at least one of the children who is identified in court documents as Jane Doe.

Through their investigation, the FBI learned that Joseph Crutcher met a man named “Juan,” who was identified by the FBI as Juan Antonio Flores, online and arranged to meet Flores in person. During their online conversations, Flores repeatedly discussed his desires to sexually abuse Jane Doe, and Flores made plans with Joseph to do so. The FBI learned that the Crutchers took Jane Doe to meet with Juan in person on three occasions. During those meetings, Rachel engaged in sexual acts with Juan while Jane Doe and another minor child were present, and on another occasion, Joseph engaged in sexual acts with Jane Doe next to Flores while Flores engaged in sexual acts with Rachel.

In his plea agreement, Flores admitted that on several occasions in Sept. 2022, during online conversations with the Crutchers, Flores discussed his desire to engage in sexual acts with Jane Doe and arranged to meet with the Crutchers and Jane Doe on multiple occasions.

Upon his release from prison, Flores will be subject to a lifetime supervised release and must register as a sex offender.

Rachel Crutcher pled guilty to production of child pornography and was sentenced to 30 years in prison. Upon her release from prison, Rachel will be subject to lifetime supervised release and must register as a sex offender. Joseph Crutcher pled guilty to one count each of production of child pornography, distribution of child pornography, and possession of child pornography and was sentenced to 70 years in prison. Upon his release from prison, Crutcher will be subject to lifetime supervised release and must register as a sex offender.

A third individual who arranged to meet with the Crutchers with the intention of engaging in sexual acts with Jane Doe, Dominic Allan Marks, pled guilty to enticement of a minor and was sentenced to 30 years in prison. Upon his release from prison, Marks will be subject to a lifetime term of supervised release and must register as a sex offender.

The Roswell Resident Agency and the FBI Albuquerque Field Office jointly investigated this case with assistance from the Eddy County Sheriff's Office and Carlsbad Police Department. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and the Department of the Interior (DOI) Office of Inspector General announced today that a federal grand jury returned an indictment charging Teresa McCown with violations of the Federal Oil and Gas Royalty Management Act and wire fraud. McCown, 55, of Farmington, will remain on condition of release pending trial, which has not been scheduled.

According to the indictment, between Jan. 24, 2017, and June 5, 2023, McCown owned M&M Production & Operation, Inc. (M&M) and Shoreline Oil & Gas Company (Shoreline). Both are in the business of extracting oil and gas from land leased to the companies by the federal government, the Navajo Nation, and by the Jicarilla Apache Nation and both companies sold extracted oil and gas to refiners. M&M and Shoreline are required to report the quantity and quality of oil and gas extracted from the leases and the revenue derived from sales of those materials to the Department of the Interior, Office of Natural Resources Revenue (ONRR), in Report of Sales and Royalty Remittance (Form ONRR-2014) forms and Oil and Gas Operations Reports (OGORs). The intent of these reports is to determine royalties due to the lessors: the Navajo Nation, the Jicarilla Apache Nation, and the federal government.

After reviewing financial statements from refiners, ONRR determined that M&M and Shoreline’s Oil and Gas Operations and Sales and Royalty Remittance reports were incorrect. More specifically, a detailed analysis revealed over 400 incorrect reports on both Indian and Federal leases between January 2017 and July 2021. Furthermore, ONRR issued a Notice of Noncompliance to McCown in March 2021 for failing to report M&M's production of oil or gas from Federal and Indian properties from July 2019 through January 202l. ONRR is also authorized to issue civil penalties associated with the Notice of Noncompliance for failure to correct violations identified – and did issue those penalties. After receiving notices, penalties, and participating in teleconferences with regulators, McCown failed to correct false and inaccurate reporting. The total civil penalties assessed by ONRR for multiple violations by M&M and Shoreline total $1,707,339.58.

For knowingly and willfully submitting false and inaccurate reports, McCown is charged in Counts 2-9 with wire fraud. Specifically, McCown submitted the false and inaccurate reports over the internet via ONRR’s website. The electronically submitted forms were transmitted over interstate wire from Farmington, New Mexico to servers in Raleigh, North Carolina. ONRR employees in Lakewood, Colorado then accessed the same data through an internal networking system for overseeing production reporting and to process royalty payments.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, McCown faces up to 20 years in prison and $300,000 in additional fines. As part of her conditions of release, McCown may not work as a record-keeper or reporter in any industry subject to state or federal reporting or regulatory requirements, including oil and gas companies.

The Department of the Interior, Office of Inspector General, Office of Investigations, Energy Investigations Unit investigated this case. Assistant U.S. Attorney Alexander Flores is prosecuting the case.

View the Indictment

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jeffrey C. Boshek II, Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced that Dominic Cruz De La O appeared in federal court on a criminal complaint charging him with possession of an unregistered weapon made from a shotgun. De La O, 27, of Alamogordo, will remain in temporary custody pending a detention hearing, which is scheduled for Feb. 22, 2024.

According to the criminal complaint, on July 15, 2023, De La O allegedly shot and killed Alamogordo Police Officer Anthony Ferguson during a traffic stop with a modified 12-gauge shotgun. The barrel length of the shotgun was 16 inches, and the overall length was 25.5 inches. The shotgun stock had been removed and replaced with a pistol grip.

On July 26, 2023, ATF agents received information that Jonah Apodaca allegedly provided the modified shotgun to De La O. Apodaca, 32, of Alamogordo, appeared in federal court on a criminal complaint charging him with possession of a firearm by a felon on Feb. 12, 2024. Apodaca will remain in custody pending trial, which has not been scheduled.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charges, De La O faces up to 10 years in prison and Apodaca faces 15 years in prison.  De La O also faces state charges including first-degree murder, aggravated fleeing, aggravated assault, tampering with evidence, and other lesser charges stemming from the July 15, 2023, death of Officer Ferguson. 

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Alamogordo Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.

View Del La O's Criminal Complaint View Apodaca's Criminal Complaint

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Ian Channing Lasiloo pleaded guilty in federal court to using, carrying and brandishing a firearm during and in relation to a crime of violence. Lasiloo, 31, of Zuni, and an enrolled member of the Zuni Tribe, voluntarily surrendered and will remain in custody pending sentencing, which has not been set.

A federal grand jury indicted Lasiloo on March 21, 2023. In his plea agreement, Laslioo admitted that he drove to of the residence of John Doe and asked Doe “where my 40 was.”  John Doe replied that he didn’t owe Lasiloo anything.  While still in the driver’s seat of the car, and approximately five feet away from John Doe, Lasiloo pointed a .22 caliber revolver at John Doe’s face and then pointed the weapon downwards.  Lasiloo then fired the weapon one time, shooting John Doe in the heel.

At sentencing, Lasiloo faces a minimum of seven years and up to life in prison.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Robert James Booth II is prosecuting the case.

View the Plea Agreement

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that on Feb. 13, 2024, a federal jury returned a guilty verdict against Jesus Coronado, 42, of Las Cruces. The jury convicted Coronado of being a felon in possession of a firearm and ammunition. Judge Margaret I. Strickland presided.

A federal grand jury returned a superseding indicted against Coronado on June 21, 2023. According to publicly available court documents, on Dec. 11, 2021, a woman was leaving a smoke shop when her former boyfriend, Coronado, pulled up next to her vehicle and brandished a firearm while making a jabbing gesture with it in her direction. Both vehicles then fled the parking lot.

Officers from the Las Cruces Police Department (LCPD) obtained an arrest warrant for Coronado and located his vehicle at a residence in Las Cruces, but the residents told officers Coronado was not there. Officers conducted sporadic surveillance of the residence for the next several days until they observed a male matching Coronado’s description in the driveway on Dec. 13, 2021. The officer commanded the male to stop, but he appeared to flee into the residence instead. Officers set up a perimeter around the residence and called for the residents to exit. Two women and another male obeyed the commands and the male told officers that Coronado had not entered the residence but had actually gone around the back. An officer holding the perimeter in the neighbor’s backyard climbed onto the fence separating the properties and observed a firearm on the roof of the residence. Sometime later, a neighbor called LCPD to report that a male matching Coronado’s description was hiding behind a wall across the street. At that time, officers located Coronado hiding behind a small cinderblock wall on a nearby property and arrested him. Subsequent DNA testing on the firearm matched Coronado’s DNA. As a previously convicted felon, Coronado knew that he could not possess a firearm and ammunition.

Coronado will remain in custody pending sentencing, which has not been set. At sentencing, Coronado faces 10 years in prison.

The FBI Albuquerque Field Office investigated this case with the assistance of the Las Cruces Police Department. Assistant U.S. Attorneys Christopher McNair and Richard Williams are prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Arthur Chee Pat appeared in federal court on a criminal complaint charging him with assault with a dangerous weapon and using and carrying a firearm during and in relation to a crime of violence. Pat, 68, of Bread Springs, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.

According to the criminal complaint, on January 22, 2024, John Doe and three other men were gathered in front of Doe’s residence in Bread Springs. Pat, who lived nearby, heard the four men yelling and went to see the nature of the commotion. Pat returned to his residence to retrieve a firearm and then drove to the location of the yelling. When Pat arrived, he told his son (who was one of the men gathered in Doe’s front yard) to get in Pat’s truck. Pat then brandished a firearm and fired three gunshots in the direction of one man and two more in John Doe’s direction, striking Doe once in the knee. Pat then drove away with his son.

John Doe was transported to Gallup Indian Medical Center and was subsequently transferred to the University of New Mexico Hospital in Albuquerque. Pat was detained by law enforcement at his residence soon after the incident. Officers located the handgun in the back of Pat’s vehicle.  

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charges, Pat faces up to life in prison.

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

View the Criminal Complaint

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Kenneth Lee Begay pleaded guilty in federal court to one count of assault upon a federal officer inflicting bodily injury and one count of assault resulting in serious bodily injury. Begay, 59, of Newcomb, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending sentencing, which has not been scheduled.

On June 4, 2023, after Begay interrupted a Chapter House meeting with verbal threats, two Navajo Nation Police Department officers went to his home. As the officers tried to arrest Begay, he unlawfully resisted. Begay struck both officers. One of the officers, Jane Doe, received various injuries, to include cuts, abrasions, and a shoulder injury that persists to the present day.

At sentencing, Begay faces up to 20 years in prison followed by three years of supervised release.

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

View the Plea Agreement

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Norbert Michael Tsosie pleaded guilty in federal court to assault of intimate partner by strangulation or suffocation. Tsosie, 31, of Tsalie, Arizona, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been set.

A federal grand jury indicted Tsosie on May 24, 2023. At his plea hearing, Tsosie agreed that on November 2022, he and his intimate partner, Jane Doe argued, and as the argument escalated, he attempted to strangle her.

At sentencing, Tsosie faces up to 10 years in prison.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Jicarilla Apache Police Department. Assistant U.S. Attorney Kimberly Bell is prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, announced today that Pragneshkumar Patel and Johnathan Craft were sentenced to 30 and 70 months in prison, respectively, for their part in running a drug-involved premises at a motel in Southwest Albuquerque. Additionally, Patel was ordered to pay fines in the amount of $40,000 and $9,000 in restitution and ordered to forfeit the Best Choice Inn at 7640 Central Avenue SE in Albuquerque. Patel, 36, of Mobile, Alabama, pleaded guilty to maintaining a drug-involved premises and Craft, 37, of Albuquerque, pleaded guilty to conspiracy and being a prohibited person in possession of a firearm on July 13, 2023.

A federal grand jury returned a Superseding Indictment against Patel, Craft and their co-defendant Kamal Bhula, on November 5, 2019. According to publicly available court records, between March 2018 and June 2019, Patel leased the Best Choice Inn to Bhula, who took over as the on-site manager. Craft lived and worked at Best Choice Inn as a manager, claiming to be in charge when Bhula was away. Craft sold drugs from his room, allowed others to do the same, and permitted individuals to use drugs on the premises. The Best Choice Inn gained profits by imposing a “visitor fee” on individuals who frequented the establishment. As a manager, Craft knew that many of the people for whom a visitor fee was imposed specifically frequented the business to engage in illegal activity, including selling and using drugs. As the owner, Patel profited from the visitor fees imposed on those using and selling drugs at the Best Choice Inn.

“Drug traffickers exploit vulnerable members of our community to generate profits,” said U.S. Attorney Alexander Uballez. “These individuals face enough challenges without predatory business owners using addiction to drive corporate profits. When this greedy out-of-state hotel owner capitalized on the desperation of the most marginalized New Mexicans to line his own pockets, he lost his hotel, tens of thousands of dollars, and his freedom.”

“One of our core missions is to make our communities safer and healthier,” said Towanda R. Thorne-James, Special Agent in Charge of the DEA’s El Paso Division. “The men and women of the DEA will not tolerate local businesses masquerading as legitimate enterprises in order to carry on their illegal drug trafficking.”

“These sentences are a testament to the power of strength in numbers,” said Jason T. Stevens, acting special agent in charge of HSI El Paso. “This multi-agency investigation discovered a dangerous threat to public safety. HSI’s drug-trafficking investigative efforts are a top priority, and our special agents are committed to targeting individuals and trans-national organizations that make it their business to poison our communities for their financial gain.”

Upon their release from prison, Patel and Craft will each be subject to three years supervised release.

Kamal Bhula pleaded guilty to maintaining a drug-involved premises on July 13, 2023, and remains in custody pending sentencing which is scheduled on March 26, 2024.

The Drug Enforcement Administration investigated this case with assistance from the New Mexico Attorney General’s Office, the Albuquerque Police Department, the Federal Bureau of Investigation, the U.S. Marshals Service, the Bernalillo County Sheriff’s Office, New Mexico State Police and Homeland Security Investigations. Assistant United States Attorneys Letitia Carroll Simms and Jack E. Burkhead are prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Gerald Lee was sentenced to 14 years in prison. Lee, 37, of Tse Bonito, and an enrolled member of the Navajo Nation, pleaded guilty to sexual abuse of a minor on Aug. 9, 2023.

​A federal grand jury returned an indictment against Lee on Oct. 12, 2022. According to publicly available court documents, on May 15, 2021, when he was 35 years old, Lee forcibly raped the 15-year-old victim, Jane Doe, at his mother’s house within the exterior boundaries of the Navajo Nation. Afterwards, Lee warned Jane Doe not to tell anybody about what he had done, but Jane Doe eventually told a teacher and counselor at her school. Lee initially claimed that he and Jane Doe were in a consensual sexual relationship and that he was intoxicated at the time of the incident before ultimately admitting that he raped Jane Doe.

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

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

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Caleb Elledge pled guilty to being a felon in possession of a firearm. Elledge, 26, of Los Lunas, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Elledge on June 28, 2022. According to publicly available court records, on Feb. 11, 2022, New Mexico State Police (NMSP) Lt. Jeremy Vaughan was on duty when he pulled in the Mr. Gas Mart located at 1192 Highway 333 in Edgewood to service his vehicle. While in the parking lot, a Mr. Gas Mart employee approached Lr. Vaughan and informed him that there was a woman in distress in the bathroom and that she was possible using illegal narcotics. Lt. Vaugh called for backup. A short time later Lt. Vaughan observed the woman exit the gas station and enter the passenger side of a silver four-door sedan driven by Elledge. Lt. Vaughan approached the vehicle on the passenger side and knocked on the window. At that time, Elledge shifted the vehicle into reverse and accelerated, striking the front end of Lt. Vaughan’s vehicle, then fled from the gas station, striking another vehicle in the course. Lt. Vaughan returned to his vehicle and initiated pursuit.

Lt. Vaughan successfully utilized the pursuit intervention technique (a maneuver that involves intentional, vehicle-to-vehicle contact and consists of a pursuing officer applying lateral pressure with the front corner of their vehicle to the rear quarter panel of the fleeing suspect's vehicle, resulting in a predictable spin) on the sedan and the two cars came to a stop facing southbound with the passenger side of Elledge’s vehicle pinned to the passenger side of Lt. Vaughan’s unit. At that time, Elledge fired a gun into Lt. Vaughan’s unit, striking Lt. Vaughan on the left side of his neck. Lt. Vaughan exited his unit and exchanged gunfire with Elledge before Elledge and the female passenger fled the scene on foot.

Emergency medical services arrived on scene and transported Lt. Vaughan to the University of New Mexico Hospital in Albuquerque. Officers from multiple agencies arrived on scene and set up a perimeter designed to locate Elledge and the female passenger, but they were unsuccessful.

On Feb. 12, 2022, NMSP received a tip as to Elledge and the female passenger’s whereabouts in Macintosh, New Mexico. Agents from NMSP executed a search warrant on a residence located at 31 Juana Lane and Elledge and the female passenger were taken into custody. As he was escorted from the residence, Elledge apologized for shooting the officer. Inside the residence, agents located the handgun Elledge had used during the incident. As a previously convicted felon, Elledge knew that he could not possess a firearm and ammunition.

Lt. Vaughan and many of his colleagues from the New Mexico State Police were in the courtroom when Elledge entered his plea.

Per the terms of his plea agreement, Elledge agreed to be sentenced to 9 years in prison.

The FBI Albuquerque Field Office, Edgewood Police Department, and Bernalillo County Sheriff’s Office assisted the New Mexico State Police with the investigation of this case. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.

View the Plea Agreement

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Apache Corporation (Apache) has agreed to pay $4 million in civil penalties and undertake projects expected to cost at least $5.5 million to ensure 422 of its oil and gas well pads in New Mexico and Texas comply with state and federal clean air regulations and offset past illegal emissions.

Apache’s agreement settles a civil suit – filed jointly by the United States, on behalf of the Environmental Protection Agency (EPA), and the New Mexico Environment Department (NMED) – alleging that Apache failed to comply with federal and state requirements to capture and control air emissions from 23 of its oil and gas production operations in New Mexico and Texas. EPA and NMED identified the alleged violations through field investigations and repeated flyover surveillance conducted in 2019, 2020 and 2022.

Compliance with this robust settlement will result in annual reductions of more than 9,650 tons of volatile organic compounds (VOCs) and 900 tons of methane, which equates to more than 25,000 tons of carbon dioxide (CO2). VOCs are a key component in the formation of ground-level ozone or smog, which irritates lungs, exacerbates diseases including asthma and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis.

“Today’s settlement will ensure compliance at hundreds of oil and gas facilities across New Mexico and Texas,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Under the settlement, over 400 Apache facilities will be required to take extensive steps to reduce emissions of volatile organic compounds – which contribute to smog – as well as methane gas, which is a significant contributor to climate change.”

“Robust enforcement of Clean Air Act violations at oil and gas facilities protects communities from harmful smog and reduces methane emissions that are major contributors to global climate change,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. “Today’s agreement demonstrates EPA’s commitment to working with our state partners to tackle climate change and improve air quality for everyone living in the United States.” 

“Noxious pollutants directly threaten the health of neighboring communities while propelling our world toward climate disaster,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “I applaud the tireless efforts of the Department of Justice’s Environment and Natural Resources Division, the U.S. EPA and the NMED to protect our lungs and our earth. Environmental justice is a top priority for the Department of Justice and the U.S. Attorney’s Office for the District of New Mexico.”

“This settlement shows that oil and gas operators deserve greater scrutiny because too many are failing to comply with federal and state rules,” said New Mexico Environment Cabinet Secretary James Kenney. “As a result, bad actors will cause greater federal and state regulation of the entire oil and gas industry as ozone levels rise and public health suffers.”

The $4 million fine outlined in the settlement will be shared equally by the United States and the State of New Mexico, with New Mexico’s portion going to the state’s general fund. The settlement document (consent decree) was filed together with the complaint in the U.S. District Court for the District of New Mexico and requires the company to take numerous steps to ensure that 422 well pads covered by the consent decree and located in New Mexico and Texas are operated lawfully.

In addition to the $4 million fine, Apache will also spend at least $4.5 million to implement extensive design, operation, maintenance and monitoring improvements, including installing new tank pressure monitoring systems that will provide advance notification of potential emissions and allow for immediate response action by the company. Apache will also spend over $1 million to offset the harm caused by the alleged violations by replacing, on an accelerated schedule, more than 400 pollutant-emitting pneumatic devices with non-emitting devices.

Pound for pound, methane is approximately 28 times more powerful than carbon dioxide in terms of its impact on global warming. Accordingly, a reduction of 900 tons of annual methane reductions equates to more than 25,000 tons of carbon dioxide (CO2) and is akin to eliminating the use of more than 2.5 million gallons of gasoline annually. Greenhouse gases from human activities are a primary cause of climate change and global warming. This enforcement settlement furthers EPA’s commitment to deliver public health protections against climate-impacting pollution and other pollutants for communities across America and helps deliver on EPA’s top commitment in its strategic plan, which is to tackle the climate crisis.

The Clean Air Act requires the EPA to set National Ambient Air Quality Standards (NAAQS) for criteria pollutants that are considered harmful to public health and the environment. Ozone is a criteria pollutant that is created when oxides of nitrogen (NOx) and VOCs react in the atmosphere. VOCs and NOx are emitted by oil and gas production facilities, such as those operated by Apache. During the timeframes of Apache’s alleged violations, air quality monitors in the relevant counties in New Mexico registered rising ozone concentrations exceeding 95% of the NAAQS for ozone. In counties where ozone levels reach 95% of the NAAQS, NMED is required by New Mexico state statute to take action to reduce ozone pollution.

Apache Corporation is a wholly owned subsidiary of APA Corporation, which is engaged in the exploration and development of oil and natural gas resources in the United States. Apache Corporation is a large producer in the Permian Basin, which is a shale oil and gas producing area located in southeast New Mexico and West Texas.

This settlement is part of EPA’s National Enforcement and Compliance Initiative, Mitigating Climate Change. EPA also has a webpage on today’s settlement.

The Justice Department’s Environmental Enforcement Section lodged today’s proposed consent decree in the U.S. District Court for the District of New Mexico. The settlement is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing on the Justice Department’s website at www.justice.gov/enrd/consent-decrees. The Federal Register notice will also include instructions for submitting public comment.

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Silvester Castillo was sentenced to 15 years in prison. Castillo, 38, of Albuquerque, and an enrolled member of the Navajo Nation, pleaded guilty to voluntary manslaughter on July 6, 2023.

According to publicly available court records, on May 31, 2021, officers from the Navajo Nation Police Department responded to a residence in Torreon, New Mexico in reference to a homicide. Officers found Jane Doe in the front yard lying face up with her sweatpants around her ankles and obvious blunt force trauma to her head, face, and body. She was located near a Buick sedan that was still running and had sustained heavy damage to the rear bumper. Castillo was located inside of the residence with blood on his hands, pants, and shoes. Jane Doe’s 4-year-old daughter told law enforcement that her mommy was dead, and that Castillo told her to hide the shovel. During a forensic interview, Jane Doe’s daughter disclosed that she saw Castillo hit Jane Doe with a shovel, remove her clothes, and then run over her face with a car. Castillo then told her not to tell. Castillo’s grandmother also witnessed the incident but waited until daylight to walk to the neighbor’s house for help.

Castillo denied any involvement in Jane Doe’s death. He claimed that she brought him alcohol against his wishes and told him she was a “Skinwalker.” He also claimed that she poisoned him, causing him to lose consciousness. Lastly, Castillo claimed self-defense, stating that Jane Doe had bit his shoulder, cut his hand, and burned his arm. Agents were unable to locate any injuries on Castillo other than an older burn scar.

According to OMI, Jane Doe’s cause of death was blunt force trauma, the manner of death was homicide. Jane Doe suffered significant scalp wounds, including tears and a subarachnoid hemorrhage, with head and facial injuries consistent with a car wheel driving over it. She also had several broken ribs and a lung injury.

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

The FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorneys Timothy Trembly and Caitlin Dillon are prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Bertrand Nelson, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Southcentral Region, announced today that landlords for properties located in Roswell and Albuquerque paid $30,000 and $12,000, respectively to settle allegations that they violated the anti-fraud False Claims Act by charging low-income tenants more than the amount permitted under HUD’s Housing Choice Voucher Program, commonly known as “Section 8”.

The Section 8 program, which is administered by local housing authorities throughout New Mexico and the country, provides a Government subsidy to enable tenants to secure decent housing.  The tenant’s share of the rent is determined based upon ability to pay.  The total rental amount is determined based upon market rental rates.  The program therefore enables tenants to secure decent housing while ensuring that landlords realize full market value for their rental properties.    

In the Roswell case, the government alleges that apartment complex operator Turnaround Properties overcharged a vulnerable low-income Section 8 tenant for a period of twelve months, despite notices from the Eastern Regional Housing Authority setting forth lawful rental levels.    The Government alleges that Turnaround then retained the excess payments despite a request for a refund from the tenant, who suffers from physical and cognitive limitations. Turnaround collected $832 in excess rent.

In the Albuquerque case, landlord Santana Ortiz demanded excess rent payments from his tenant for a period of more than four years; even documenting the unlawful payments in a sham lease agreement that was concealed from the local housing authority.  The Albuquerque tenant felt compelled to comply with the landlord’s demand for excess payments because she had struggled to find safe, decent housing.  Mr. Ortiz participated fully in the Government’s investigation and provided a copy of the improper second lease to Government investigators.  Mr. Ortiz collected $5,217 in excess rent.   

“Low-income families, the elderly, and the disabled deserve dignity in housing,” said U.S. Attorney Alexander Uballez. “That is why Section 8 secures for them the right to decent, safe, and sanitary dwellings. When predatory landlords steal from both the taxpayers and the most vulnerable, we will stand with low-income New Mexican tenants to levy substantial sanctions against those who prioritize profit over people.”

“These settlements represent HUD OIG’s priority in protecting HUD beneficiaries from bad actors who prey on their vulnerability for self-enrichment,” said Special Agent in Charge Bertrand Nelson. “HUD OIG is committed to working with Federal prosecutors to pursue and bring to justice landlords who fraudulently overcharge HUD-assisted tenants in violation of Federal law.”

“A cornerstone of HUD's Section 8 program, and the key to housing affordability in Section 8, is the Brooke Amendment: a Section 8 tenant pays no more than 30% of their monthly income toward rent and utilities. The local public housing agency which is funded by federal grants pays the rest,” said Attorney Thomas Prettyman, who represented both tenants on behalf of New Mexico Legal Aid. “A small but significant minority of Section 8 landlords flaunt these rules and require tenants to pay extra for rent or utilities, making the housing unaffordable and contravening the very purpose of the Section 8 program.  Tenants agree to pay the extra money because they are scared.  These extra costs often lead to nonpayment, eviction, loss of vouchers, and homelessness. The results achieved by the US Attorney's Office in these two cases demonstrate the stiff penalties for Section 8 landlords that cheat.  We hope these cases will help to discourage Section 8 landlords from breaking the rules, so that the Section 8 program can remain affordable for low-income New Mexicans.”

The allegations against Turnaround and Ortiz were brought to the attention of the United States by whistleblowers. The False Claims Act provides for whistleblowers to receive a portion of the amount recovered because of their disclosures. The whistleblowers will receive a share of the settlement proceeds.  Absent the willingness of these individuals to come forward, the Government would not have learned of the misconduct by these landlords.

The government’s investigations were led by Assistant United States Attorney Sean Cunniff and Auditor Julie Chappell, and investigators from the U.S. Department of Housing and Urban Development, Office of Inspector General.

This case was prosecuted as a part of the Department of Justice’s Environmental Justice Strategy.  Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. This strategy prioritizes cases that will reduce public health and environmental harms to overburdened and underserved communities, including those that hold violators of federal housing laws accountable for their actions. The United States Attorney’s Office for the District of New Mexico partners with federal, tribal, state and local housing agencies and organizations to enable people across the country to live in healthy, thriving communities, and to confirm that justice under the law is justice for all. To learn more about environmental justice or to report a known or suspected environmental violation in New Mexico, please email our Environmental Justice Coordinator at USANM.Environment@usdoj.gov. 

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Carissa Messick, Acting Special Agent in Charge, IRS Criminal Investigation, announced that Jerry Shrock was sentenced to 5 years’ probation and ordered to pay $1,542,769.70 in taxes, interest, and penalties. Shrock, 48, of Meadowview, Virginia, pleaded guilty on Nov. 28, 2022, to conspiracy to defraud the United States.  Prior to sentencing, Shrock paid more than $430,000 toward his tax debt.

According to court records, beginning in January 2005, David Wellington and his business partner Stacy Underwood operated National Business Services, which promoted, sold and created Limited Liability Companies (LLCs) under New Mexico State Law. For many clients, National Business Services would open bank accounts under the names and IRS employer identification numbers (EINs) of the LLCs, and the clients – whose names were not associated with the bank accounts - would have access to the funds in those accounts. Clients received debit cards, online bank access information and pre-signed checks with Underwood’s signature, which clients could use to access the money despite the bank never associating the client with the account.

In his plea agreement, Shrock admitted that he contacted National Business Services in 2006 for help avoiding federal taxes by incorporating a business in New Mexico. Shrock spoke with Underwood and Wellington and became a client of National Business Services.

Wellington and Underwood created three LLCs in New Mexico for Shrock: White Top Enterprise LLC; Poultry Enterprises LLC; and TALC Properties LLC. Shrock was not listed on the Articles of Organization. Instead, Underwood was listed as the “Organizer,” and National Business Services was the initial registered agent for each of the three LLCs.

On May 9, 2011, Underwood opened a bank account in the business name of White Top Enterprise, LLC, utilizing the company EIN. Underwood was the sole signer on the bank account. Shrock’s name was not associated with the account. Underwood provided Shrock with online access to the bank account and a book of pre-signed checks with her signature. Between May 9, 2011, and June 30, 2015, Shrock caused approximately $4,875,940 to be deposited into the White Top Enterprise LLC bank account, and over the same time period, Shrock and his wife withdrew or caused the withdrawal of approximately $4,875,940. Among the withdrawals was a wire transfer of approximately $352,216 for the purchase of a home.

Prior to his indictment in this case on June 23, 2021, Shrock did not file a personal or business tax return with the IRS reporting the White Top Enterprises LLC income. At the time of the White Top Enterprise LLC deposits and withdrawals, Shrock had a large outstanding IRS lien of approximately $1,026,858 for unpaid taxes, penalties and interest. the White Top Enterprises LLC bank account enabled Shrock to generate and deposit income while evading the outstanding assessment and avoiding personal and business taxes on the income.

On April 24, 2023, Wellington pleaded guilty to conspiracy to defraud the United States and remains on conditions of release pending sentencing, which has not been scheduled. Under the terms of his agreement, Wellington faces up to 5 years in prison followed by up to 3 years of supervised release.

On Oct. 21, 2022, Underwood pleaded guilty to conspiracy to defraud the United States and remains on conditions of release pending sentencing, which has not been scheduled. Under the terms of her agreement, Underwood faces up to 5 years in prison followed by up to 3 years of supervised release.

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

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Gilbert Michael Coriz was sentenced to 48 months in prison. Coriz pleaded guilty to being a felon in possession of firearms and ammunition on July 14, 2023.

A federal grand jury indicted Coriz on Dec. 8, 2021. According to publicly available court records, on January 1, 2021, at approximately 2:52 am, Santa Fe Police Department (SFPD) officers were dispatched to the scene of gunshots fired at Coriz’s residence. A neighbor captured the shooting incident on a surveillance recording and showed it to officers. The recording depicted a verbal altercation occurring at approximately 2:30 am among a group of people that resulted in at least two shooters firing gunshots at a vehicle as it fled from Coriz’s residence.

The SWAT team later arrived to extract the occupants from Coriz’s residence using an amplified audio system. Several hours later, three women and four children exited Coriz’s residence. SFPD officers later obtained a state search warrant for Coriz’s residence. The SWAT team cleared Coriz’s residence and located Coriz hiding inside the water heater closet of the garage. The SWAT team detained Coriz and removed him from the garage. At the time, the SWAT team observed a pistol, rifle, and sawed-off barrel shotgun in the garage.

Coriz was previously convicted of aggravated battery, felon in possession of a firearm, tampering with evidence, possession of a controlled substance and residential burglary. As a previously convicted felon, Coriz cannot legally possess firearms or ammunition.

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

The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Santa Fe Police Department. Assistant United States Attorney Samuel A. Hurtado is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Kyle Joseph Harney-Chee was sentenced to 30 months in prison. Chee, 31, of Pojoaque, and an enrolled member of the Ohkay Owingeh Pueblo, pleaded guilty in federal court to involuntary manslaughter on Aug. 15, 2023.

According to publicly available court records, on January 16, 2021, Chee was traveling down US Highway 84/285 after consuming marijuana and alcohol. While driving, Chee became distracted by his phone and looked away from the road. While he was looking down at his phone, Chee struck a motorcycle from the rear, killing the driver. Chee immediately stopped on the side of US Highway 84/285 and called 911. Chee informed responders that he had consumed alcohol and smoked marijuana prior to operating the vehicle and complied with the follow-up investigation by following directives and assisting officers. Officers found several pre-rolled marijuana cigarettes, one cigarette half-burned, several grams of marijuana, a pipe with a burned substance, as well as several empty and half empty bottles of liquor in Chee’s vehicle.

Upon his release from prison, Chee will be subject to 3 years of supervised release.

The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorneys Matthew J. McGinley and Mark A. Probasco are prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Timothy Chischilly pleaded guilty in federal court to second degree murder. Chischilly, 53, of Mexican Springs, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

Chischilly and his co-defendant, Stacey Yellowhorse, were indicted by a federal grand jury on Aug. 11, 2020. According to publicly available court documents, Chischilly and Yellowhorse, his then girlfriend, invited Jane Doe to sleep over at Chilschilly’s house within the exterior boundaries of the Navajo Nation on the night of Jan. 23, 2020. During the night, Chischilly and Yellowhorse killed Jane Doe by nailing her to the floor, hammering a nail into her head, and bludgeoning her to death. Afterwards, Chischilly and Yellowhorse burned Jane Doe’s body and spread the remains at different locations.

Chischilly confessed to the murder to his family days later.

At sentencing, Chischilly faces up to life in prison.

Yellowhorse remains in custody pending trial, which is currently scheduled for March 25, 2024.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the Gallup Police Department.   Assistant U.S. Attorneys Kimberly Brawley and Tavo Hall are prosecuting the case.

View the Plea Agreement

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Tyler Chinana was arraigned in federal court on an indictment charging him with two counts of abusive sexual contact. Chinana, 34, of Jemez Pueblo, and an enrolled member of the Jemez Pueblo, will remain on conditions of release in the third-party custody of a halfway house pending trial, which has not been scheduled.

According to court records, between Jan. 1 and Dec. 31, 2012, Chinana engaged in sexual contact with Jane Doe 1, a child who had not then attained the age of 12 years. Then, between Nov. 4 and Nov. 6, 2022, Chinana engaged in sexual contact with Jane Doe 2, a child who had not then attained the age of 12 years.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Chinana faces up to life in prison.

The FBI Albuquerque Field Office investigated this case with the assistance of the Jemez Pueblo Police Department. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.

View the Indictment

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Gilbert John, Jr. pled guilty in federal court to second degree murder. John, 35, of Brimhall, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted John on March 23, 2022, along with a co-defendant. According to publicly available court records, on July 1, 2019, an individual brought a stolen car to John at his apartment in the Sunset Hills complex in Gallup, New Mexico to dispose of and to sell. When John got in the car to test drive it, he heard John Doe from the trunk cry out for help. The individual who brought John the car told John to “get rid of him.” John understood this statement to mean that he should kill John Doe

John and the other individual drove around through the night and into the next evening, smoking methamphetamines, and eventually stopping on the back roads to Bass Lake. John walked away from the car, at which point John Doe opened the trunk from inside and attempted to escape. John slammed the trunk back down on him, sat on the top of the trunk door and asked the other individual for a machete that he had seen inside of the car. The individual gave the machete to John, who opened the trunk and stabbed John Doe repeatedly with the machete. John and the individual then closed the trunk and sat together on top of the trunk. John and the individual remained on the trunk until they stopped hearing movement from inside.

Afterward, John drove the car with John Doe’s body inside of it to a relative’s house in Standing Rock, New Mexico.  Before leaving the car there, John attempted to remove a tracking device, but ended up disabling the car instead.

About ten days later, John asked a friend to tow the car to a remote location north of Church Rock, New Mexico. Once the car had been towed to the location, John released the car and let it roll down a hill out of view of the road and borrowed a gas can which he used to pour gasoline onto the car. John lit the car on fire and left it burning with John Doe’s body inside of it. John did not know John Doe prior to killing him.

On July 16, 2019, charred remnants John Doe’s body were found in the trunk of the car by the McKinley County Fire Department. John Doe was identified only because investigators were able to match serial numbers from John Doe’s medical records to metal hip replacement devices found in the burned-out trunk of the car. The hip replacement devices were the only substantial parts of John Doe’s body that remained after the fire.

In his plea agreement, John expressed remorse for killing John Doe and burning his body. He is facing between seventeen-and-a-half years and twenty-one years in prison at sentencing.

The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant United States Attorneys Mark A. Probasco and Alexander F. Flores are prosecuting the case.

View the Plea Agreement

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Joey Luarkie appeared in federal court on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury in Indian County. Luarkie, 23, of Zuni Pueblo, will remain in temporary custody pending a detention hearing which is scheduled for Feb. 8, 2024.

According to the criminal complaint, on Feb. 4, 2024, Luarkie was at the home of Jane Doe in Zuni when her boyfriend, John Doe, knocked on the door. Jane Doe and John Doe went outside and argued for a short time before John Doe entered the residence to get his stuff. Luarkie followed John Doe and Jane Doe into her bedroom, where a physical altercation allegedly ensued, and John Doe was stabbed in the throat. John Doe left the residence and collapsed in the front yard, where responding officers from the Zuni Police Department found Jane Doe performing CPR on him. John Doe was transported to Zuni Health Center before being life-flighted to the University of New Mexico in Albuquerque where he underwent two emergency surgeries.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charge, Luarkie faces up to ten years in prison per count.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jeffrey C. Boshek II, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced today that Leif Everett Hayman pled guilty to one count of use of interstate commerce facilities in the commission of murder-to-hire. Hayman, 33, of Las Cruces, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Hayman on July 20, 2022. According to publicly available court records, between April 10, 2022, and continuing through May 11, 2022, Hayman solicited a hitman to murder his girlfriend's mother by submitting three service requests on the website "rentahitman.com." In his first service request, Hayman stated that he wanted to “hurt” the victim and wrote “I want her gone now, too much that I don’t like about her she’s controlling my wife.” As part of these service requests, Hayman provided the website with the identity of the intended victim including the victim's physical address and photographs of the victim and stated, “this is the target person if you don’t do it I will do it myself I’m already thinking about just doing it myself I want her gone now.” Following those three service requests, Hayman sent numerous follow-up emails to the website between April 20 and May 2, 2022. In those emails, Leif expressed that he was losing patience with how long the process was taking.

On May 5, 2022, an ATF agent, acting in an undercover capacity contacted Hayman. During the conversation, Hayman expressed that he wanted the victim “gone off the Earth.” The agent and Hayman discussed various ways to carry out the killing including the use of a gun, baseball bat, knives, and rocks. On May 6, 2022, Hayman followed up with the undercover agent via text message and provided him with the victim's physical address and a photograph. On May 9, 2022, Hayman had a telephone conversation with the undercover agent. During that call, Hayman indicated to the agent that he lived with staff and that the undercover agent/hitman would also have to harm his caretaker in order for him to leave the home. Hayman ultimately agreed to pay the undercover agent/hitman approximately $200 to murder the victim.

On May 11, 2022, the undercover agent went to Hayman’s house under the auspices of picking him up to carry out the hit on the victim. When the agent showed up, Hayman emerged from the residence with his caretaker in tow. Hayman indicated to the agent that he wanted something done to the caretaker and stated to the agent "this is part of the deal." The caretaker and Hayman began shoving each other and the undercover agent aborted the operation and drove away.

At sentencing, Hayman faces up to 10 years in prison.

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

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Deon Joe Bidtah was sentenced to 10 years in prison. Bidtah, 24, of Shiprock, and an enrolled member of the Navajo Nation, pled guilty on Nov. 3, 2023, to assault with a dangerous weapon, discharging a firearm during a crime of violence, and assault on a federal officer with a deadly and dangerous weapon.

According to publicly available court records, on Oct. 11, 2022, Bidtah approached a vehicle parked at his neighbor’s house in Shiprock and fired two rounds from a 12-gauge shotgun into the vehicle. The driver, Jane Doe, was struck and injured by the gunfire. Jane Doe was immediately transported to the San Juan Regional Medical Center in Farmington by her friend whom she was visiting. Jane Doe suffered a 1 cm ballistic fragment in her right buttocks/rear upper thigh area. Records also noted gunshot wounds on her left buttock, right buttock, and right thigh.

Navajo Nation police officers responded to the incident location, including one officer who, by virtue of a special law enforcement commission, is considered a federal officer. Bidtah approached the officers carrying the 12-gauge shotgun and fired toward the officers. Officers took cover behind their patrol units and commanded Bidtah to stop and drop his weapon. Bidtah ignored the commands, reloaded the shotgun, and continued to walk towards the officers. In response, officers fired two rounds at Bidtah, striking him in the leg.

Upon his release from prison, Bidtah will be subject to 3 years of supervised release.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Uchenna Christian Nlemchi pleaded guilty in federal court to one count each of wire fraud and conspiracy to commit money laundering. Nlemchi, 31, a Nigerian national, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Nlemchi on May 24, 2017. According to publicly available court records, in 2015, Nlemchi opened a bank account in Houston, Texas in the name of Jay Auto & Machine Parts, a fictional business, with the intent to siphon proceeds of political corruption in Nigeria to another individual in Nigeria. Between September 2015 and February 2016, Nlemchi received $868,295 into the account. Nlemchi withdrew approximately $167,000 in cash in person, $32,000 from ATMs, and transferred $75,000 to his personal bank account. Nlemchi transferred the rest of the money to various businesses and individuals at the direction of his co-conspirators.

In his plea agreement, Nlemchi admitted that he learned the money was procured through romance scams that his co-conspirators were running, not political corruption, and that by receiving the money, he facilitated the scams. 

Nlemchi was arrested on the indictment in June of 2017 and released on conditions pending trial. In Oct. of 2017, Nlemchi violated the conditions of his release, and an arrest warrant was issued. At that time, Nlemchi fled the country and was believed to have returned to his native Nigeria. The FBI pursued Nlemchi for five years before locating him in Hungary. Nlemchi was extradited to the United States and arrested on June 6, 2023.

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

View the Plea Agreement

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Ronnie Pernell Evans appeared in federal court on a criminal complaint charging him with assault by strangulation and/or suffocating a spouse or intimate partner. Evans, 20, of Mescalero, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending trial, which has not been scheduled.

According to the criminal complaint, on Nov. 8, 2023, Evans confronted Jane Doe’s outside her house and they got into an argument. When Jane Doe tried to enter the home, Evans blocked her path and grabbed her by the throat with one hand and the back of her head with the other and began pushing her towards her car. Evans and Jane Doe tripped over something on the path and Jane Doe fell backwards and hit the back of her head on concrete. Evans got back up and continued dragging Jane Doe towards his car, at which point a neighbor intervened and Evans fled the scene.

Responding officers later stopped Evans on Highway U.S. 70 and arrested him.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charge, Evans faces up to 10 years in prison.

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

View the Criminal Complaint

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that on Jan. 30, 2024, a federal jury returned two guilty verdicts against Walter Palmon Eddings, 40, of Albuquerque, after approximately two hours of deliberation. The jury convicted Eddings of two counts of being a felon in possession of a firearm and ammunition. Judge Kea W. Riggs presided.

A federal grand jury issued an indictment against Eddings on Feb. 24, 2022. According to evidence presented at trial and other publicly available court records, on Jan. 31, 2022, during a joint operation between the New Mexico State Police (NMSP) and the Albuquerque Police Department to apprehend a homicide suspect, a NMSP tactical team was surveilling the Ambassador Inn Hotel in Albuquerque. Prior to surveillance, the team was told that Eddings, who had recently been released from federal supervision, was known to frequent the Ambassador Inn, was a convicted felon, and may be armed and dangerous.

While conducting surveillance, several team members observed Eddings at the Ambassador Inn. Eventually, a team member observed Eddings follow another man, who was carrying a rifle in a soft case with the barrel sticking out, to the parking lot. The other man placed the rifle in the back seat of a vehicle. A short time later, a team member observed Eddings clean the same vehicle and reposition the rifle within the vehicle. Three individuals then entered the vehicle, including Eddings, and left the Ambassador Inn property. Officers followed the vehicle to a 7-Eleven gas station, where the team confronted Eddings and arrested him. At the time, Eddings was carrying a backpack with two stolen firearms inside.

Eddings will remain in custody pending sentencing, which has not been scheduled. At sentencing, Eddings faces up to 20 years in prison.  Eddings has numerous prior felony convictions including for armed robbery, kidnapping, unlawfully stealing firearms from a federal firearms licensee, breaking and entering, and larceny.

The FBI Violent Crime Task Force investigated this case. Assistant United States Attorneys Timothy Trembley and Patrick E. Cordova are prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Landen Toledo pleaded guilty in federal court to voluntary manslaughter. Toledo, 20, of Canoncito, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

According to publicly available court records, on May 27, 2022, Toledo, Cole Ray Shorty and Keon Apachito went to the home of John Doe to retrieve Shorty’s backpack. The group approached John Doe while he was seated in the driver’s seat of his car.  When Shorty opened the back door of the car to look for his backpack, John Doe got out of the car with a baseball bat. Toledo grabbed John Doe by the wrists and threw him to the ground and kicked him in the stomach several times, causing John Doe to drop the baseball bat. Shorty picked up the baseball bat and hit John Doe on the head with the baseball bat. Others in the group hit John Doe’s with a golf club and stomped on his leg. John Doe fell to the ground and tried to crawl away.  Shorty hit John Doe in the head again, then the group left John Doe unconscious on the ground. The Office of the Medical Inspector’s found that the cause of John Doe’s death was blunt head trauma.

Cole Ray Shorty pleaded guilty to voluntary manslaughter on January 19, 2024, and faces up to 15 years in prison. Apachito remains out of custody pending trial, which is currently scheduled for June 10, 2024.

At sentencing, Toledo faces up to 15 years in prison.

The FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.

View the Plea Agreement

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Roberto Esquivel pled guilty to one count each of attempted murder of an officer of the United States, aggravated assault of an officer of the United States with a deadly weapon, discharge of a firearm in furtherance of a crime of violence, and conspiracy to transport illegal aliens. Esquivel, 25, of El Paso, Texas, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Esquivel on April 19, 2023. In his plea agreement, Esquivel admitted that on Jan. 5, 2023, he agreed with other persons to transport five illegal aliens who had unlawfully come to the United States. Esquivel was to pick up the aliens in El Paso, Texas, and transport them to Deming, New Mexico. After picking up the aliens, Esquivel was driving on New Mexico State Road 146 when he was pulled over by a Border Patrol Agent. As the agent was approaching Esquivel’s vehicle to conduct an immigration inspection, Esquivel removed a gun from the center console and placed it under his right leg. When it became apparent to the agent that Esquivel was transporting aliens, he asked Esquivel to exit the vehicle. Instead, Esquivel partially opened the door and began shooting, hitting the agent twice in the torso-area. After shooting the agent, Esquivel sped off. While fleeing, Esquivel lost control of the vehicle and rolled it multiple times. Esquivel ran from the crash scene and threw the gun in the desert, where it was subsequently recovered by law enforcement officers.

The Border Patrol Agent survived the shooting due in large part to the bullets striking his ballistic vest. None of the illegal aliens were seriously injured in the rollover.

Per the terms of his plea agreement, Esquivel is facing 19 years in prison.

Homeland Security Investigations and the Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorney Christopher S. McNair is prosecuting the case.

View the Information View the Plea Agreement

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Larence Larry Harris Cambridge appeared in federal court on a criminal complaint charging him with assault with a dangerous weapon. Cambridge, 33, of Shiprock, and an enrolled member of the Navajo Nation, will remain in custody pending a detention hearing, which is scheduled for Feb. 6, 2024.

According to the criminal complaint, on Jan. 9, 2024, Investigators from the FBI and Navajo Nation Department of Criminal Investigations (NNDCI) responded to the scene of a shooting which occurred on U.S. Highway 64 in Shiprock, within the exterior boundaries of the Navajo Nation. Investigators learned through witnesses and evidence at the scene that the defendant fired a gun multiple times into an occupied vehicle driving along the same highway. A victim in this vehicle had to receive treatment at multiple medical facilities in relation to her injuries sustained from the shooting.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charges, Cambridge faces up to 10 years in prison.

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

View the Criminal Complaint

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Fulton Charles Potter appeared in federal court on a criminal complaint charging him with assault by strangulation and/or suffocating a spouse or intimate partner. Potter, 29, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending trial, which has not been scheduled.

According to the criminal complaint, on Nov. 24, 2023, Potter assaulted Jane Doe, an enrolled member of the Mescalero Apache Tribe, at the home of a relative by hitting her in the head, biting her, and strangling her until she lost consciousness. Jane Doe’s brothers arrived at the home during the assault and intervened.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charge, Potter faces 10 years in prison.

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

View the Criminal Complaint

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A New Mexico man pleaded guilty yesterday to his role in shootings that targeted the residences of elected officials following the 2022 election.

According to court documents, following Solomon Peña’s electoral defeat in November 2022 for a seat in the New Mexico House of Representatives, Demetrio Trujillo, 42, of Albuquerque, along with his son, Jose Trujillo, were recruited by Peña to engage in a series of targeted shootings of residences belonging to elected officials. Peña allegedly pressured members of the Bernalillo County Board of Commissioners to refuse to certify the results of the election, but despite Peña’s alleged pressure, the commissioners certified the results of the election. In response, in his plea agreement, Demetrio Trujillo admitted that Peña paid him to drive to the home of an election official on Dec. 4, 2022, and fire a gun at the residence. Peña then paid Demetrio Trujillo to carry out a shooting at the residence of an elected state official who ran for and won reelection in 2022, which Trujillo did on Dec. 8, 2022. Then, on Jan. 3, 2023, Trujillo, along with his son and Peña, carried out a shooting at the residence of a second elected state official. The victims’ residences were targeted because the individuals were election officials and/or former candidates for elective office.

Demetrio Trujillo pleaded guilty to conspiracy, two counts of interference with federally protected activities, one count of using and carrying a firearm during and in relation to a crime of violence, and one count of using and carrying a firearm during and in relation to a crime of violence and discharging said firearm. Demetrio Trujillo will remain in custody pending sentencing, which has been scheduled for May 1. He faces a mandatory minimum sentence of 15 years in prison and a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Jose Trujillo pleaded guilty on Jan. 9 to conspiracy, interference with federally protected activities, using and carrying a firearm during and in relation to a crime of violence, discharging said firearm, and possession with intent to distribute fentanyl. Related charges against Peña remain pending and are scheduled for trial in June.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Alexander M.M. Uballez for the District of New Mexico, Assistant Director Michael D. Nordwall of the FBI’s Criminal Investigative Division, and Special Agent in Charge Raul Bujanda of the FBI Albuquerque Field Office made the announcement.

The FBI Albuquerque Field Office investigated the case with the Albuquerque Police Department and Bernalillo County Sheriff’s Office.

Trial Attorney Ryan Crosswell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico are prosecuting the case.

This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the task force has led the department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI field offices and U.S. Attorneys’ Offices throughout the country. A year after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.

Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

To report suspected threats or violent acts, contact your local FBI Field Office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Demetrio Trujillo pled guilty to conspiracy, two counts of interference with federally protected activities, using and carrying a firearm during and in relation to a crime of violence, and discharging said firearm. Trujillo, 42, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Trujillo on May 24, 2023, along with his son, Jose Louise Trujillo, and Solomon Peña. According to court records, Trujillo met Peña through acquaintances and knew that Peña campaigned to become the District 14 representative in the New Mexico House of Representatives in 2022. Following his electoral defeat in November 2022, Peña claimed to Trujillo and others that the election had been rigged against him. Peña decided to pressure members of the Bernalillo County Board of Commissioners to refuse to certify the results of the election and offered to pay Trujillo to help him.

On November 21, 2022, the Bernalillo County Board of Commissioners voted to certify the results of the election that Peña lost. At that time, Peña and Trujillo decided to move forward with Peña’s plan to intimidate his political targets. On Dec. 4, 2022, Peña paid Trujillo to shoot a firearm at the private residence of a former candidate for elective office that Peña had chosen as a target for intimidation. On Dec. 8, 2022, Peña paid Trujillo to shoot a firearm at the private residence of another former candidate for elective office to intimidate the target from campaigning as a candidate. On Jan. 3, 2023, Peña and Trujillo drove to the residence of a third individual who Peña had targeted because they were a former candidate for elective office and carried out a shooting to intimate the target from campaigning.

At sentencing, Trujillo faces up to life in prison followed by 5 years of supervised release and may be ordered to pay fines not to exceed $1 million.

Solomon Peña is currently scheduled to stand trial in June 2024.

Jose Louise Trujillo pled guilty to conspiracy, interference with federally protected activities, using and carrying a firearm during and in relation to a crime of violence, discharging said firearm, and possession with intent to distribute fentanyl on Jan. 8, 2024. Jose Louise Trujilo remains in custody pending sentencing, which is current scheduled for April 8, 2024. At sentencing, Jose Louise Trujillo faces up to life in prison.

The FBI Albuquerque Field Office investigated this case with the Albuquerque Police Department and the Bernalillo County Sheriff’s Office. Trial Attorney Ryan Crosswell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico are prosecuting the case.

This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the task force has led the department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI field offices and U.S. Attorneys’ Offices throughout the country. A year after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.

Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

To report suspected threats or violent acts, contact your local FBI Field Office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

The United States Attorney’s Office is committed to safeguarding free, fair, and secure elections. In partnership with our local, state, and federal partners, we will use every authority to ensure that all eligible voters can cast a vote, that all lawful votes are counted, and that every election official is safe and free to carry out their official duties.

View the Plea Agreement

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Tom Tso pled guilty to abusive sexual contact. Tso, 85, of Tse Bonito, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending sentencing, which has not been scheduled.

A federal grand jury issued a superseding indictment against Tso on May 9, 2023. In his plea agreement, Tso admitted that between Aug. 4, 1998, and Oct. 11, 2000, he committed abusive sexual contact upon a minor under the age of 18. Specifically, he intentionally and directly touched Jane Doe’s genitalia, groin, and inner thigh with an intent to gratify his sexual desires.

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

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

View the Plea Agreement

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Anthony Joe was sentenced to 37 months in prison. Joe, 38, of Tohatchi, New Mexico, and an enrolled member of the Navajo Nation, pled guilty to assault of a spouse, intimate partner, or dating partner by strangling on February 22, 2023.

According to court records, on Aug. 13, 2022, Joe assaulted the victim, Jane Doe, as she was trying to leave Joe’s residence. Joe punched Jane Doe with a closed fist in the back of her head and in her side while she was holding their child, then kicked Jane Doe in the back and pulled her away from the door by her hair. Jane Doe eventually escaped from the residence without her child and ran to a nearby gas station where she called law enforcement.

When Jane Doe was later interview by the FBI regarding the incident, she reported that Joe used his arm to choke her from behind as Jane Doe attempted to leave their shared bedroom and knocked her to the floor. As she tried to get away, Joe used his hands to choke Jane Doe twice, causing her to see black and go limp both times. Jane Doe reported needing time after being choked to catch her breath. Jane Doe received medical treatment for the injuries inflicted by Joe and was diagnosed with contusion and soft tissue injury for the bruising to her neck, back, and face.

Over the next month, Joe harassed Jane Doe, her family, and her co-workers. On Sept. 6, Joe set fireworks off in front of Jane Doe’s home, then fled from officers when they approached him. On Sept. 12, 2022, Joe vandalized Jane Doe’s car and threw rocks at the residence where Jane Doe was staying with her relative, and through the window of a residence where Jane Doe previously lived. Joe also vandalized Jane Doe’s workplace by spray-painting “[Jane] you meth whore” on the building. On Sept. 13, 2022, the FBI found incendiary devices known as “Molotov Cocktails” around the trailer of a man Joe believed Jane Doe was in a relationship with.

Upon his release from prison, Joe will be subject to 3 years of supervised release.

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Eric Chandler Watson plead guilty to one count each of assault with a dangerous weapon and assault resulting in serious bodily injury in Indian Country. Watson, 22, of Tohatchi, and an enrolled member of the Navajo Nation, will remain on conditions of release pending sentencing, which has not been scheduled.

According to court records, on the morning of December. 9, 2022, Watson confronted a family member outside of a shared residence in Tohatchi, New Mexico. The confrontation escalated to a physical altercation, at which time Watson’s uncle, John Doe, stepped in to stop the fight. Watson and John Doe began to fight instead, and John Doe’s parents stepped in to stop that fight. John Doe then went inside of the residence to Watson’s bedroom with the intent of destroying Watson’s PlayStation Video Game Console. Watson came up behind John Doe and repeatedly stabbed him in the back.

John Doe experienced a collapsed lung sustained from the stab wounds. John Doe also sustained other stab wounds to the upper back and neck area, with one stab wound inches away from his spinal cord.

At sentencing, Watson faces up to 10 years in prison.

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

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jeffrey C. Boshek II, Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced that Jimmy Roberts Guillen appeared in federal court on an indictment charging him with attempted arson and arson. Guillen, 59, will remain in temporary custody pending a detention hearing.

According to the indictment, on Sept. 3, 2023, Guillen attempted to damage and destroy the Lowe’s store located on North Prince Street in Clovis, New Mexico, by means of fire. Also, on Sept. 3, 2023, Guillen damaged and destroyed the Walmart store located on North Prince Street in Clovis, New Mexico, by means of fire.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Guillen faces up to 20 years in prison.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Clovis Police Department, Roosevelt County Sheriff’s Office, New Mexico State Fire Marshal’s Office, Ninth Judicial District Attorney’s Office and Criminal Investigators at the Ninth Judicial District Attorney’s Office, Curry County Sheriff’s Office, and Portales Police Department. Assistant U.S. Attorney Maria Elena Stiteler is prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that Nathan Mescale appeared in federal court on an indictment charging him with aggravated sexual abuse. Mescale, 34, of Sanostee, and an enrolled member of the Navajo Nation, will remain in custody pending trial.

According to the indictment, between Dec. 2 and Dec. 3, 2023, Mescale caused Jane doe to engage in a sexual act by using force.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Mescale faces up to life in prison.

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

View the Indictment

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, announced that David Fehr Wiebe appeared in federal court on a criminal complaint charging him with smuggling goods from the United States. Wiebe, 51, of Janos, Chihuahua, Mexico, will remain in custody pending trial, which has not yet been scheduled.

According to the criminal complaint, on Dec. 3, 2023, Wiebe applied for entry into the United States at the Antelope Wells Port of Entry in Hachita, New Mexico. Wiebe stated that he had just departed the same point of entry but had turned around when he was denied entry into Mexico because he lacked the proper documentation to export a vehicle which he was towing. Customs and Border Protection Officers referred the vehicle for secondary inspection, during which time officers located two handguns wrapped in cellophane beneath the center console. Officers placed Wiebe under arrest. When officers asked Wiebe if he understood why he was being arrested, Wiebe responded that it was because of the firearms in the vehicle. Officers asked Wiebe how many firearms where in the vehicle and he stated that there was a total of 14.

Officers located four rifles between the back seat and the back panel of the vehicle, three handguns, and multiple shotguns. During a subsequent interview, Wiebe told officers that he purchased the firearms in Seminole, Texas with the intent of smuggling them to Mexico and that he was going to be paid $350 for each weapon.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charges, Wiebe faces up to 10 years in prison.

Homeland Security Investigations investigated this case. Assistant U.S. Attorney Mark Saltman is prosecuting the case.

View the Criminal Complaint

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, announced that David Pasillas Martinez appeared in federal court on a criminal complaint charging him with being an alien in possession of a firearm. Pasillas Martinez, 52, of Ciudad Juarez, Chihuahua, Mexico, will remain in custody pending trial, which has not yet been scheduled.

According to the criminal complaint, on Jan. 7, 2024, while conducting surveillance at the Las Cruces Gun Show in Las Cruces, agents with Homeland Security Investigations (HSI) observed a vehicle with Chihuahua, Mexico license plates which was registered to Pasillas Martinez. Agents observed Pasillas Martinez leave the gun show and place a firearm in the rear passenger side door of his vehicle before he drove away. Agents followed Pasillas Martinez from Las Cruces to El Paso, Texas. A short time later, a New Mexico State Police trooper executed a traffic stop on Pasillas Martinez for impeding traffic in a safety corridor. After the stop, HSI agents conducted an investigation of Pasillas Martinez, who agreed to speak to agents.

Pasillas Martinez told agents that he was a Mexican national and had travelled to Las Cruces to attend the gun show and purchase a firearm because he knows vendors there will not ask for identification when selling a firearm. Pasillas Martinez stated that he purchased three or four rifles and a pistol to take to Juarez, Chihuahua, Mexico for sport shooting and planned to register the firearms in Mexico. Pasillas Martinez identified himself as a Municipal Police Officer in Juarez and stated that he knew it was illegal to purchase firearms in the U.S. and export them to Mexico.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charges, Pasillas Martinez faces up to 15 years in prison.

Homeland Security Investigations investigated this case. Assistant U.S. Attorney Mark Saltman is prosecuting the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that a federal grand jury returned a superseding indictment charging Sheldon Carlton Daye with two counts of involuntary manslaughter. Daye, 30, of Vanderwagon, and an enrolled member of the Navajo Nation, will remain on conditions of release pending trial.

According to the indictment, on or about Oct. 2, 2022, Daye killed John and Jane Doe by operating a motor vehicle without due caution and circumspection and with a wanton and reckless disregard for human life.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Daye faces a maximum of 16 years in prison.

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

View the Superseding Indictment

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that James Adam Metts and Demetrius Antonnie Bailey have been charged in relation to a summer 2023 crime spree. Bailey, 40, of Albuquerque, previously appeared in federal court on an indictment charging him with one count of interference with commerce by robbery and being a felon in possession of a firearm and ammunition. Today, Metts, 45, of Albuquerque, appeared in federal court on an indictment charging him with eight counts of interference with commerce by robbery, using, carrying and brandishing a firearm during and in relation to a crime of violence, and being a felon in possession of a firearm and ammunition. Bailey and Metts will remain in temporary custody pending a detention hearing, which is scheduled for January 29, 2024.

According to the indictment, on July 11, 2023, Metts and Bailey allegedly took tools from Harbor Freight Tools using force, violence and fear of injury. During the incident, Metts pointed a firearm at John Doe 1, an employee of Brosnan Security at Harbor Freight Tools. Additionally, on Sept. 28, 2023, Bailey allegedly possessed a firearm and ammunition, knowing that he had previously been convicted of multiple crimes.

Following the July robbery, Metts allegedly robbed a Metro by T-Mobile of cash and merchandise using force, violence and fear of injury on Aug. 26, a T-Mobile on Sept. 1, another Metro by T-Mobile on Sept. 9, a Verizon on Sept. 12, another T-Mobile on Sept. 14, and a JC Penney and third T-Mobile on Sept. 16. During the Sept. 16 incident at T-Mobile, Metts allegedly brandished a firearm.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Bailey faces up to 20 years in prison followed by 3 years of supervised release. Metts faces a minimum of seven years and up to 20 years in prison, followed by five years of supervised release.

The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Maria Elena Stiteler is prosecuting the case.

View the Indictment

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jeffrey C. Boshek II, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced today that Zachary Ray Gonzales was sentenced to 63 months in prison. Gonzales, 28, of Hobbs, pleaded guilty in federal court to being a felon in possession of a firearm on July 10, 2023.

According to court records, on March 19, 2022, deputies from the Lea County Sheriff’s Office conducted a traffic stop on Gonzales for an arrest warrant for first-degree murder. Gonzales was arrested and the vehicle he had been driving was towed. Deputies secured a search warrant for the vehicle. During the resulting search, deputies located a handgun on the rear passenger side floorboard. Gonzales had multiple prior felony convictions. As a previously convicted felon, Gonzales could not possess a firearm or ammunition.

In 2023, Gonzales pled guilty to state charges of voluntary manslaughter, armed robbery, and conspiracy to commit armed robbery and was sentenced to 15 years in state prison, which will run consecutive to the federal 63-month sentence.  Therefore, Gonzales will serve over 20 years in prison between his state and federal time. Upon his release from prison, Gonzales will be subject to 3 years of supervised release.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Lea County Sheriff’s Office. Assistant United States Attorney Ry Ellison is prosecuting the case.

View the Plea Agreement

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Tyrell Jordan Benally appeared in federal court on an indictment charging him with assault resulting in serious bodily injury. Benally, 25, of Shiprock, and an enrolled member of the Navajo Nation, will remain in custody pending trial.

According to the indictment, on January 1, 2024, Benally assaulted Jane Doe and the assault resulted in serious bodily injury.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Benally faces up to 10 years in prison.

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

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, announced today that a federal grand jury returned a second superseding indictment charging Saul Castorena and his brother Steven Castorena with conspiracy to take a hostage, two counts of hostage taking, conspiracy to harbor illegal aliens, and two counts of harboring an illegal alien. Saul is also charged with being a felon in possession of a firearm and ammunition and possession of a firearm not registered with the National Firearms Registration and Transfer Record. Saul, 41, and Steven, 40, both of Sunland Park, remain in custody pending trial, which is currently scheduled for Feb. 26, 2024.

According to the indictment, between Jan. 15 and Jan. 18, 2023, Saul and Steven detained and threatened to kill or injure two people who had entered and remained in the United States in violation of law unless a third party paid a ransom for their release. During this time, Saul, knowing that he had previously been convicted of conspiracy to transport aliens for financial gain and transporting aliens for financial gain, possessed a firearm and ammunition, specifically a shotgun with a barrel less than 18 inches, that was not registered in the National Firearms Registration and Transfer Record.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Saul and Steven both face up to life in prison.

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

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