District of New Mexico

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jerry Segura, Jr. was sentenced to 87 months in prison.  Segura, 34, of Ohkay Owingeh, New Mexico, and an enrolled member of the Ohkay Owingeh Pueblo, pleaded guilty to assault with a dangerous weapon and using and carrying a firearm during and in relation to a crime of violence and brandishing a firearm in furtherance of such crime in Indian Country on May 8, 2023.

According to court documents, on March 13, 2022, Segura, Jr. drunkenly drove with his father to his girlfriend’s mother’s home on the Pueblo of Ohkay Owingeh to, in his words, kill himself in front of her. Instead, Segura, Jr. fired about 10 gunshots from a .40 caliber semi-automatic handgun at his girlfriend’s mother’s home, including about six shots directly at his girlfriend’s pregnant daughter and her young son. Defendant then sped away from the scene with the help of his father. At the time, Segura Jr. was on state-level supervised probation.

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

The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Zachary 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, announced today that Salina Nicole Sandoval, 30, of San Felipe, New Mexico, and an enrolled member of the San Felipe Pueblo, pled guilty to assault resulting in serious bodily injury of an 8-month-old infant, also a member of the San Felipe Pueblo. Sandoval is out of custody on conditions of release pending sentencing, which has not been scheduled.

According to the plea agreement and other court documents, on Jan. 21, 2022, Sandoval assaulted the infant, identified as Jane Doe at Sandoval’s home in Sandoval County, New Mexico, within the San Felipe Pueblo. It resulted in serious bodily injuries to the infant, including intracranial hemorrhages, shearing venous injuries, and retinal hemorrhages in the child’s left eye. The injuries were diagnosed as abusive head trauma.

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

The Bureau of Indian Affairs investigated this case. Special Assistant United States Attorney Mark A. Probasco 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 Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Leonardo Robbie Duncan had preliminary and detention hearing in federal court on a complaint charging him with involuntary manslaughter. Duncan, 32, a certified member of the Navajo Nation, will remain in custody pending trial.

According to the criminal complaint, on August 12, 2023, New Mexico State Police (NMSP) responded to a report of a head-on collision involving two vehicles at approximately 6:45 a.m. in Upper Fruitland, New Mexico. Enroute, NMSP officers passed a male walking westbound approximated half a mile from the crash. Upon arrival at the scene, NMSP officers observed an off duty Southern Ute tribal officer rendering aid to the victims. The tribal officer informed NMSP officers that the driver of the other vehicle had fled the scene on foot. NMSP officers attempted to locate the individual but were unsuccessful. One victim passed away at the scene and the other passed in the ambulance enroute to the hospital.

Later the same day, Duncan’s father brought him to the Navajo Police Department to turn himself in. At that time, NPD officers conducted a breath alcohol content test which registered  .08 at 12:30 p.m., approximately six hours after the accident. 

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charge, Duncan faces up to 8 years in prison.

The Farmington Resident Agency of the FBI Albuquerque Field Office and the Navajo Police Department investigated this case with assistance from the New Mexico State Police. Assistant U.S. Attorney Kimberly Bell 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 today that Mark Anthony Calzada was sentenced to 9 years in prison. Calzada, 29, of Las Cruces, pled guilty in federal court on August 18, 2022, to being a felon in possession of a firearm.

According to court documents, on March 1, 2022, an officer from the Las Cruces Police Department (LCPD) observed Calzada exiting a residence in Las Cruces carrying a shotgun. Calzada placed the shotgun into a vehicle, got into the driver’s seat with a woman and three small children, and drove to a gas station. When LCPD officers attempted to make contact with him, Calzada drove away at a high rate of speed with the shotgun and the three small children not properly restrained in the vehicle.  While fleeing, Calzada drove at high speed the opposite way on a one-way residential street.  Officers were able to track the vehicle and eventually caught up with Calzada who had abandoned the vehicle and was running on foot. LCPD officers pursued and detained Calzada.

LCPD officers located the car Calzada had been driving and executed a search warrant. Inside the car they found the shotgun, which the officer had observed him carrying along with shotgun shells. A second search warrant was sought and obtained for the residence Calzada occupied where they discovered a Glock handgun with an obliterated serial number and a compatible 50-round high-capacity drum magazine loaded with 15 rounds of ammunition in a bedroom.

Calzada was previously convicted in 2016 of possession of a firearm or destructive device by a felon. As a previously convicted felon, Calzada cannot legally possess firearms or ammunition.

Upon his release from prison, Calzada will be subject to supervised release for 3 years.

The FBI Albuquerque Field Office investigated this case with assistance from the Las Cruces Police Department. Assistant United States Attorneys Lindy Carpenter and Mark Saltman are prosecuting the case.

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ALBUQUERQUE, N.M. – U.S. Attorney Alexander M.M. Uballez announced today that the Department of Justice has awarded a $2,050,000.00 grant to the Albuquerque Community Safety Department and its Violence Intervention Program as part of the Byrne Discretionary Grant Program, which assists local communities in improving the capacity of local justice systems and provides for national support efforts including training and technical assistance programs strategically targeted to address local needs.

 “Everyone deserves to feel safe our community,” said U.S. Attorney Uballez. “With this funding, the Violence Intervention Program will intervene to address root causes of the violence which has plagued our streets. By centering the safety of those who are most at risk of shooting and being shot, we make the community safer for us all. To those young men in our community who are spiraling out of control, trapped in a world of hatred and fear: We want you to be safe, alive, and free, but the shooting must stop. We will help you if you let us and stop you if you make us.”

"We know that by sending our responders out into the community and meeting people where they are, we can interrupt cycles of violence and ultimately change lives for the better," said Mayor Tim Keller. "This investment in ACS's Violence Intervention Program helps address violence at its root and is an important piece of our multifaceted approach to reducing violent crime."

“We thank the Department of Justice for investing in the next phase of Community Safety and Violence Intervention in the City of Albuquerque,” said ACS Director Mariela Ruiz-Angel. “By expanding that work, and exploring how we can grow our Division of Violence Prevention and Intervention, we will build upon our work to break cycles of violence in our community and schools."

Beginning as a community-led initiative, Albuquerque Community Safety (ACS) is a cabinet-level public safety department, meaning they operate independently from and in collaboration with the Albuquerque Police Department and Albuquerque Fire Rescue. The department launched on September 8, 2021, and provides crisis aid, welfare checks, and referrals for people in need. ACS responders also offer transportation to providers of mental health, addiction, shelter, and case management services.

The Violence Intervention Program (VIP) is a gun violence reduction program that focuses on those at the highest risk of becoming part of the gun violence cycles in the City. VIP Program implementation began in late March 2020, in the midst of the pandemic. The first year was a pilot year where multiple components were implemented. Components encompass a public health approach to gun violence reduction and a focused deterrence law enforcement approach to gun violence. VIP currently falls under Albuquerque Community Safety’s Violence Prevention and Intervention Division.     

ACS and VIP will use the discretionary earmark funding to expand the scope of these programs. This will enhance service in violence prevention, intervention, and support within Albuquerque. In addition to an expansion of the existing work, this funding can help with exploring the establishment of an Office of Violence Prevention for the City of Albuquerque.

In exploring the establishment of an Office of Violence Prevention, the goal would be to bring together numerous programs in a highly effective way. Included within a possible Office could be the Violence Intervention Program, a School-Based Violence Intervention Program, Trauma Recovery Center, Community Oriented Response Assistance, an Opioid Prevention Program, and a possible Hospital-Based Violence Intervention Program. This would be modeled after successful Offices in other areas, such as Newark and Philadelphia, but made unique to Albuquerque.

The ultimate goal is to combine assertive outreach, advocacy, evidence-based mental health services, and comprehensive case management specific to the person or the community. Through a diverse staff, ACS and VIP will be able to better support individuals who have been victims of violence, physical assault, sexual assault, opioid abuse, domestic violence, and more.

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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 today that Allan Wilson was sentenced to 12 years in prison. Wilson, 64, of Shiprock, New Mexico, pled guilty in federal court on March 22, 2023, to abusive sexual contact of a minor in Indian Country and possession of child pornography.

According to court documents, in the fall of  2019, Wilson engaged in abusive sexual contact with a minor while she was spending the night in the home Wilson shared with his sister on the Navajo Nation. The victim, who is a member of the Navajo Nation, was less than twelve years old at the time. During the resulting investigation, the FBI conducted a search of Wilson’s phone. The search revealed pornographic pictures of another minor victim under the age of eighteen years old. Wilson admitted that he knew the images were on his phone.

Upon his release from prison, Wilson must register as a sex offender and he will be on supervised release for ten years.

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

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, federal prosecutors, and other staff from the United States Attorney’s Office (USAO) met with representatives from organizations that serve Albuquerque’s unhoused community on July 18 at the Barrett House to discuss violent crime. Cory Lee, Executive Director of the Barrett House, Hannah Albee, Deputy Director of the Barrett House, Arias Foster, Director of Programs for the Barrett House, Kennedy Haverland, a Clinician from the New Mexico Dream Center and Max Kauffman from Disability Rights New Mexico presented statements. This listening session focused on community-based solutions and the relationship between law enforcement and the unhoused community. This was the second of a series of listening sessions to be held throughout Albuquerque this summer.

United States Attorney Uballez opened the session by explaining that the Attorney General directed United States Attorney’s Offices to focus on addressing violent crime through intervention and outreach efforts. Participants described the link between trauma and violence and the need for more access to resources and truly affordable housing. Others described some victims and witnesses inherent distrust of law enforcement and how that handicaps the prosecution process. All participants agreed that the Albuquerque Community Safety (ACS) program recently implemented by the City of Albuquerque had improved the city’s approach to public safety.

Cory Lee described how the violence of  taking away someone’s identification, existence and belongings can cause trauma and how it disproportionately effects someone living on the street, especially when they do not have a community to protect them.

Arias Foster agreed with Lee, adding “once they are housed… they are bringing a lot of the violence they were experiencing before when they were on the streets to their housing. They don’t know how to work through [it].” Foster described how law enforcement is often not supportive or engaging when they or their clients seek help and expressed that they would like to build a better relationship with law enforcement so that they could better support victims of and witnesses to violence.

Max Kauffman shared his observations about the link between violence and adverse childhood experiences, especially for children in the foster care system who do not receive services or special education, and how that contributes to violent behaviors. “Think about how we are going to long term help this community, not just now but looking forward. I do think it starts at the childhood level because those adverse experiences have a big influence on people.” Kauffman added, “I think if we can get them services through school, have behavior interventions is place, and provide them with the services they need to get a diploma and vocational training, that would have a huge impact in the long term.”

All participants stressed the importance of mandatory trauma-informed care training for both law enforcement and prosecutors to break down barriers in communication between them and victims and witnesses.

This was the second in a series of listening sessions USA Uballez will convene in the coming months as part of the Department of Justice’s Project Safe Neighborhoods (PSN) Program. USA Uballez previously met with representatives from organizations that serve Albuquerque’s International District and plans to meet with community leaders from the Westgate community, social justice advocates, addiction and treatment service providers, and families impacted by violent crime. These sessions are an opportunity for the USA, federal prosecutors, and USAO staff to recognize the vital role that these leaders, providers and advocates play in our community.

PSN is an evidence-based program proven effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. In New Mexico, the United States Attorney’s Office pursues a community violence intervention approach. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally-based intervention, prevention, and reentry programs for lasting reductions in crime.

PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies and community organizations. The programs’ emphasis on community engagement, prevention and intervention measures, focused and strategic enforcement, and measurement and accountability has helped achieve overall reductions in violent crime, including gun homicides, in neighborhoods where PSN strategies have been implemented.

Tessa DuBerry Tessa DuBerry Tessa DuBerry

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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 pled guilty in federal court to involuntary manslaughter. Chee, 30, of Pojoaque, and an enrolled member of the Ohkay Owingeh Pueblo, will remain in custody pending sentencing which has not been scheduled.

According to 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. 

At sentencing, Chee faces up to 8 years in prison followed by a term of supervised release up to 3 years.

The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Matthew J. McGinley 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 Federal Bureau of Investigation’s Albuquerque Field Office, announced that Shilo Aaron Oldrock, 30, and an enrolled member of the Spirit Lake Sioux Tribe, pled guilty in federal court to second degree murder and voluntary manslaughter. Oldrock will remain in custody pending sentencing which has not been scheduled.

According to court documents, on January 29, 2021, Oldrock and John Doe 1 attacked and killed John Doe 2. Later, on October 10, 2021, Oldrock attacked and killed John Doe 1 before decapitating his head with an axe and throwing it in a woodstove inside John Doe 1’s residence. Oldrock did so because he believed John Doe would harm him in order to cover up John Doe 2’s murder. Oldrock also believed that John Doe 1 had killed Oldrock’s grandmother.

At sentencing, Oldrock faces up to 35 years in prison.

John Doe 2’s family reported him missing and he was added to the FBI’s List of Native Americans Verified as Missing Throughout New Mexico and the Navajo Nation. The List is the first of its kind in the nation and was created in an effort to improve the reporting of missing persons throughout New Mexico and the Navajo Nation. Partners involved in the project include the U.S. Attorney’s Office, Bureau of Indian Affairs Office of Justice Services, New Mexico’s Missing and Murdered Indigenous Women and Relatives (MMIWR) Task Force, New Mexico Attorney General’s Office, New Mexico Department of Public Safety, New Mexico Department of Indian Affairs, Bernalillo County District Attorney’s Office, and the City of Albuquerque Office of Equity and Inclusion. The FBI also receives information and support from the Navajo Nation, Native American pueblos, and local law enforcement.

The list is updated monthly and can be found at fbi.gov/mmip.

The FBI is seeking public assistance and information on the cases. If you have information concerning any of the cases, please contact your local FBI office, the nearest American Embassy or Consulate, or submit a tip online at tips.fbi.gov.

The FBI Albuquerque Field Office investigated this case with assistance from the Navajo Department of Criminal Investigations and the Gallup Police Department. Assistant United States Attorney Nicholas J. Marshall 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 Eric Castañeda, Acting Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division, announced today that Rafael Columbie was sentenced to 10 years in prison. A federal jury convicted Columbie, 54, of Albuquerque, on December 1, 2022, on one count each of conspiracy, possession with intent to distribute 50 grams and more of methamphetamine, and possession with intent to distribute 100 grams and more of heroin.

The case against Columbie and his co-conspirators was part of a long-term Organized Crime Drug Enforcement Task Forces investigation by the Drug Enforcement Administration into a conspiracy to distribute methamphetamine. Through the investigation, Columbie was identified as a drug transporter for Jesus Lopez.

On July 18, 2018, Columbie was traveling east on Interstate 40 when a New Mexico State Police Officer stopped Columbie for speeding. During a consensual search of the vehicle, officers found over 2.5 kilograms of methamphetamine and over 200 grams of heroin in bundles within a Coca-Cola soda box behind the driver seat.

Columbie was the only defendant who refused to enter a guilty plea. Eight other defendants pled guilty to various drug trafficking charges in 2022.

Abel Gallegos, aka “Gato,” 41, of Albuquerque, pled guilty to distribution of 500 grams and more of cocaine, aiding and abetting, and distribution of 50 grams and more of methamphetamine on August 29, 2022, and was sentenced to 11 years in prison, followed by 5 years of supervised release.

Saul Gallegos, aka “Tulin,” 37, of Albuquerque, pled guilty to distribution of 50 grams and more of methamphetamine and aiding and abetting on April 20, 2022 and was sentenced to 10 years in prison, followed by 5 years of supervised release.

Martha Reyes-Villalobos, 40, of Chihuahua, Mexico, pled guilty to possession with intent to distribute 50 grams and more of methamphetamine on May 3, 2022, and was sentenced to time served.

Ivan Cordova, 41, or Albuquerque, pled guilty to use of a telephone to facilitate a drug trafficking offense on August 1, 2022, and was sentenced to time served.

Baudel Palacios-Prieto, 46, and Zachary Fogler, 37, both of Albuquerque, pled guilty to one count of use of a telephone to facilitate a drug trafficking offense each on August 8, 2022. Palacios-Prieto was sentenced to time served and Fogler was given three years of probation.

Jesus M. Lopez, 41, of Albuquerque, pled guilty to distribution of 50 grams and more of methamphetamine, use of a telephone to facilitate a drug trafficking offense, and two counts of aiding and abetting on May 5, 2022. Lopez’s sentencing is currently scheduled for August 29, 2023. Adrian Palacios, 37, of Albuquerque, pled guilty to conspiracy on August 11, 2022. Palacios’ sentencing is currently scheduled for September 19, 2023.

The Drug Enforcement Administration investigated this case with assistance from the New Mexico State Police. Assistant United States Attorneys Peter J. Eicker and David B. Hirsch are 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 Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Rumaldo Peshlakai pled guilty to being a felon in possession of firearms and ammunition. Peshlakai, 43, of Tsayatoh, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

According to court documents, on Sept. 23, 2021, Peshlakai and Jane Doe were involved in a domestic dispute at a residence in Tsayatoh. Afterward, Peshlakai left the residence in Doe’s vehicle with their four children and multiple firearms and ammunition, driving into a wooded area near the residence. Peshlakai stated if any officers tried to stop him, he would shoot. An Amber Alert was issued for the four children in New Mexico and Arizona.

Officers from the Navajo Police Department and the Federal Bureau of Investigation located the vehicle in the wooded area and identified footprints leading away from the vehicle. Inside the vehicle was an empty box of ammunition and a single round. Officers tracked the footprints for six miles to an abandoned housing area where it appeared another vehicle arrived and picked up Peshlakai and the four children. That evening, Peshlakai contacted NPD Dispatch and informed them the children were at a relative’s house. Peshlakai was not at the relative’s house and would not give his location but agreed to turn himself in to the FBI the next morning.

The children, who were unharmed, were recovered by law enforcement, and Peshlakai was arrested on Sept. 24. Law enforcement later traced Peshlakai’s steps over the six-mile walk and unearthed a gun case that Peshlakai had buried while evading police. It contained a rifle, two pistols, and ammunition. Additional investigation revealed that Peshlakai abandoned the vehicle and took the case, then buried and concealed the case while being pursued by law enforcement. In a later interview, he claimed not to know the location of any firearms and denied possessing them at all.

Peshlakai was previously convicted in 2001 of assault by striking, beating or wounding and assault resulting in serious bodily injury, and in 2006 for being a felon in possession of ammunition. As a previously convicted felon, Peshlakai cannot legally possess firearms or ammunition.

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

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

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ALBUQUERQUE, N.M. – 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 Josiah Alan Smith, 29, of Smith Lake and an enrolled member of the Navajo Nation, pled guilty in federal court to second degree murder. Smith will remain in custody pending sentencing which has not been scheduled.

According to court documents on May 17, 2021, Smith shot and killed the victim, identified as John Doe, at a residence near Church Rock, New Mexico, on the Navajo Nation. Smith, who had arrived at the residence earlier in the day, allegedly fired into a window from outside the home, striking the victim in the back and killing him.

The FBI, with the assistance of the McKinley County Sheriff's Office and Gallup Police Department, arrested Smith in Gamerco, New Mexico, on Aug. 21, 2021.

At sentencing, Smith faces up to life in prison.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Department of Criminal Investigations and the McKinley County Sheriff's Office. Assistant United States Attorneys Matthew T. Nelson and Blake Nichols are 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 Federal Bureau of Investigation’s Albuquerque Field Office, announced that Henryetta John pled guilty to assault on a federal officer. John, 30, of Santo Domingo, New Mexico, and a member of the Pueblo of Santo Domingo, will remain in custody until she can be released for substance-abuse treatment.

According to court documents, on Oct. 20, 2021, John was stopped on suspicion of DWI by a federal officer from the Bureau of Indian Affairs. When the officer tried to place John under arrest, she slipped the handcuffs and physically assaulted the officer, causing them to roll down a hillside. The officer sustained injuries as a result of the altercation.

At sentencing, John faces up to 20 years in prison.

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Dwayne Calvert made an initial appearance in federal court on an indictment charging him with sexual abuse. Calvert, 34, of Ohkay Owingeh, and an enrolled member of Pueblo of Ohkay Owingeh, will remain in custody pending a detention hearing scheduled for Friday, August 11, 2023.

According to the indictment, on July 2, 2022, Calvert attempted to engage in sexual intercourse with the victim, Jane Doe, while Doe was incapable of consenting to the sexual act.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Calvert faces up to life in prison and a term of supervised release between five years and the remainder of his life.

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Luis Xavier Rael made an initial appearance in federal court on an indictment charging him with abandonment and abuse of a child, assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, and assault with a dangerous weapon. Rael, 36, of Santa Fe, will remain in custody pending a detention hearing scheduled for Thursday, August 10, 2023.

According to the indictment, on January 19, 2021, Rael, a non-Indian, assaulted his stepson, John Doe, a 12-year-old Indian boy, with a belt and a tree branch because Doe failed to perform physical activities that Rael forced Doe to do as a result of Doe’s perceived misbehavior.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Rael faces up to 18 years in prison.

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

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ALBUQUERQUE, N.M. – 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 Marc Clark pled guilty to second degree murder. Clark, 46, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Clark on Nov. 17, 2021. According to court records, Clark drove with three others, including John Doe, also an enrolled member of the Navajo Nation, to a gas station in Shiprock so that John Doe could fill up a gas can.  After the group parked the vehicle, John Doe and Clark got out and John Doe entered the store to pay for gas. While John Doe was inside, Clark began arguing with John Doe’s girlfriend, who was in the rear seat of the vehicle. As the argument escalated, Clark unsuccessfully attempted to pull John Doe’s girlfriend out of the car.  During the struggle, Clark slapped and punched her multiple times through the open window. In response to the assault, the driver of the vehicle drove away, leaving Clark in the parking lot. When John Doe walked out of the store, he approached Clark, and the two men began talking. As they were talking, Clark drew a knife from his pocket and suddenly and without warning stabbed John Doe in the neck.

John Doe was taken to the trauma care unit at the Northern Navajo Medical Center, where he passed away. Clark was apprehended by the Navajo Police Department at a laundromat near the gas station. The knife he had stabbed John doe with was on his person at the time.

Under the terms of the plea agreement, Clark faces between 23 and 27 years in prison.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorneys Matthew J. McGinley and Paul J. Mysliwiec are 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 today that Aaron Leon Happy was sentenced to 10 years in prison. Happy, 42, of Shiprock, New Mexico, pled guilty on February 27, 2023, to possession of visual depictions of minors engaged in sexually explicit conduct.

            According to court records, the National Center for Missing and Exploited Children received a tip from Facebook in July 2019 about a user’s activity. Specifically, Facebook disclosed that the user, “Aaron Happ,” was engaging multiple minors in sexually explicit conversations on its platform. The tip was sent to the FBI, who identified the user as Happy, who then worked as a health aide at the Newcomb Middle School located within the exterior boundaries of the Navajo Nation.

On Dec. 15, 2020, the FBI executed a search warrant on Happy’s person, office, and residence. Investigators found a trove of videos and images of children being sexually assaulted on one of Happy’s cellular telephones which he obtained from the internet.

            Upon his release from prison, Happy will be subject to supervised release for life and must register as a sex offender.

            The Farmington Resident Agency of the FBI investigated this case with assistance from the FBI Albuquerque’s Child Exploitation and Human Trafficking Task Force, the FBI Gallup Resident Agency, the FBI Denver - Durango Resident Agency, the San Juan County (New Mexico) Sheriff’s Office, the Cortez (Colorado) Police Department and the Montezuma County (Colorado) Sheriff’s Office. Assistant U.S. Attorney Jaymie L. Roybal 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 today that Johnathon Bindues was sentenced to 23 years in prison.  A federal jury convicted Bindues, 32, of Los Lunas, on May 4, 2023, of coercion and enticement of a minor and production of child pornography.

According to the evidence at trial and other publicly available court records, Bindues used his former position at Los Lunas High School as the coach for the girls’ basketball and track teams to gain special access to minor females. The victim, identified as Jane Doe, was a freshman and a member of the teams Bindues coached. Between September 2020 and June 2021, Bindues exchanged over 17,000 text messages with the victim. Bindues requested nude images of Jane Doe, sent her explicit images of himself, and repeatedly encouraged her to delete text messages. After discovering sexually explicit messages on her daughter’s phone, Jane Doe’s mother reported the relationship to the New Mexico State Police.

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

The FBI and New Mexico State Police investigated this case. Assistant United States Attorneys Jaymie L. Roybal and Patrick E. Cordova are prosecuting the case as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Glen Hendersen, Acting Inspector in Charge of the Phoenix Division of U.S. Postal Inspection Service, announced that Daniel Trujeque was sentenced to 4 years in prison. Trujeque, 30, of Albuquerque, pled guilty on March 21, 2023, to Letter Carrier Armed Robbery.

According to court documents, on January 11, 2022, a Letter Carrier delivering mail and parcels to a Neighborhood Box Unit noticed a car drive by before turning around and parking along the curb near the Neighborhood Box Unit. A young man exited the back passenger side of the vehicle.  and watched the Letter Carrier finish delivering the mail, then pulled out a handgun and demanded she hand over the mail keys. The Letter Carrier complied, and the young man returned to the vehicle before it dove away from the area.

The Letter Carrier was able to give the Postal Inspectors a description of the young man, the vehicle, and a partial license plate for the vehicle. The Albuquerque Police Department assisted in the investigation and determined the vehicle had been reported stolen that day and had been involved in similar activities throughout the day. Postal Inspectors were able to obtain footage of the incident involving the Letter Carrier, as well as surveillance footage from an attempted burglary and footage of the young man and two accomplices attempting a fraudulent transaction using debit and credit cards at Walmart on the same day.

The Postal Inspection Service released a Reward Poster and received multiple tips identifying the young man as Daniel Trujeque. On April 5, 2022, Postal Inspectors interviewed Trujeque and he admitted to robbing the mail carrier.

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

The U.S. Postal Inspection Service investigated this case with assistance from the Albuquerque Police Department and the Bernalillo County Sheriff’s Office. Assistant United States Attorney Niki Tapia-Brito 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 Byron Yazzie, Jr. was sentenced to 20 years in prison. Yazzie, 22, of Tohatchi, New Mexico, pled guilty to sexual abuse of a minor, sexual abuse and aggravated sexual abuse on March 23, 2023.

Yazzie was indicted by a grand jury on June 15, 2022. According to court documents, between August and November of 2020, Yazzie sexually abused three minor victims. Yazzie was nineteen years old at the time.

Yazzie met the first victim, a minor who had attained the age of 12 but had not yet attained the age of sixteen, through Facebook and began a sexual relationship with them sometime in August. On October 20, 2020, Yazzie engaged in a sexual act with a second victim. The victim told Yazzie “no” and they did not want to have sex with him, however Yazzie used his size and weight to threaten the victim. On November 5, 2020, Yazzie engaged in a sexual act with a third victim. Yazzie gave them alcohol, causing them to become intoxicated and incapable of participating in the sexual act.

On November 26, 2020, the second victim disclosed to a family member that Yazzie had assaulted them 2 days prior. During a subsequent interview with law enforcement, Yazzie admitted to sexually abusing the victim.

Upon his release from prison, Yazzie will be subject to supervised release for life and must register as a sex offender.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Caitlin L. Dillon 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 today that Kirtie Cohoe made an initial appearance in federal court on a criminal complaint charging him with murder. Cohoe, 46, of Shiprock, will remain in custody pending a preliminary and detention hearing scheduled for August 4, 2023.

According to the criminal complaint, Cohoe was staying at the home of a relative in Shiprock, New Mexico. The victim, John Doe, arrived at the home on the morning of July 31 for a cook-out and the trio began drinking. About an hour after John Doe arrived at the home, and while Cohoe’s relative was outside of the home, Cohoe stabbed John Doe multiple times in the torso. When his relative asked Cohoe what happened, Cohoe allegedly responded “I don’t know. He was talking [expletive].” Cohoe then departed the house on foot, allegedly taking the weapon with him.

When officers from the Navajo Police Department arrived at the home, John Doe was found deceased. Cohoe was later located in a wooded area near the home. Cohoe had blood on his shirt and shoes and the weapon was found nearby, next to Cohoe’s wallet.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Cohoe faces up to life imprisonment.

This case was investigated by the Farmington Resident Agency of the Federal Bureau Investigation with assistance from the Navajo Police Department. Assistant United States Attorney Meg Tomlinson 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 today that Laurice Montoya was sentenced to 5 years in prison. Montoya, 38, of Dulce, and a registered member of Jicarilla Apache Indian Tribe, pled guilty on May 4, 2023, to voluntary manslaughter.

According to court documents, on Jan. 19, 2022, Montoya and the victim, John Doe, got into an argument in her home on the Jicarilla Apache Reservation. During the argument, Montoya hit Doe on the head two times with a snow shovel, causing him to fall and have a seizure. Montoya stayed with Doe but could not call for help. About four hours later, a friend showed up at the residence and called 911. Emergency Medical Services of the Jicarilla Apache Tribe transported John Doe to the San Juan Regional Medical Center where he later died. Doctors found that John Doe had sustained traumatic brain injury, a rib fracture, severe bruising on his upper body and two cuts on his scalp.

Upon her release from prison, Montoya 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 Jicarilla Apache Police and the San Juan County Sheriff’s Office. Assistant United States Attorney Robert James Booth II 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 Federal Bureau of Investigation’s Albuquerque Field Office, announced that Rachel Michelle Crutcher was sentenced to 30 years in prison. Crutcher, 38, of Carlsbad, pled guilty on Feb. 21 to production of a visual depiction of a minor engaging in sexually explicit conduct.

According to court documents, on Nov. 8, 2022, a Task Force Officer (TFO) working for the Child Exploitation and Human trafficking Task Force was monitoring a fetish website that is known to be used to meet, discuss and trade child sexual abuse material (CSAM) when they were contacted by a private user. The user offered and provided the TFO with several images of a minor performing sexually explicit conduct.

On Nov. 9, agents from the Federal Bureau of Investigation identified the user of the account as Rachel Crutcher and obtained a search warrant for Crutcher’s residence in Carlsbad. During the execution of the search warrant, agents spoke to Crutcher and her husband, Joseph Crutcher, 59, of Carlsbad. Joseph admitted he was the one who had taken the pictures and claimed Rachel was unaware of his conduct. Rachel initially denied knowledge or involvement, but during a later interview she admitted she had been involved.

Through diligent investigation, agents determined that both Rachel and Joseph had sexually abused the minor child with the intent of producing CSAM and that Joseph was the individual who sent the images to the TFO.

Upon her release from prison, Rachel will be required to register as a sex offender and will be on supervised release for life.

On Feb. 27, 2023, Joseph Crutcher pled guilty to one count each production of child pornography, distribution of child pornography and possession of child pornography. Joseph remains in custody pending sentencing, which is currently not scheduled. At sentencing, Joseph faces 70 years in prison and must register as a sex offender.

Roswell Resident Agency and Albuquerque Division of the Federal Bureau of Investigation. Assistant U.S. Attorneys Marisa A. Ong and Matilda M. Villalobos are prosecuting the case as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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ALBUQUERQUE, N.M. – Today, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Eric Castañeda, Acting Special Agent in Charge for the Drug Enforcement Administration El Paso Division, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, and Jeffrey C. Boshek II, Special Agent in Charge of the Bureau of Alcohol, Tobacco, and Firearms, announced seven indictments returned by a federal grand jury on April 19 and July 19, 2023, one criminal complaint issued on August 1, 2023, and the arrest of 12 alleged drug and firearms traffickers on August 1, 2023, in a coordinated, multiagency enforcement operation in Carlsbad, New Mexico.

According to the indictments and other court records, in February of 2022, agents from the Drug Enforcement Administration (DEA) and the Pecos Valley Drug Task Force (PVDTF) received information regarding individuals who were trafficking drugs in southeastern New Mexico. Through diligent and painstaking investigation, agents identified a drug trafficking organization operating out of Eddy County, New Mexico that was distributing methamphetamine, cocaine, and fentanyl in Carlsbad. As a result of the year-long investigation, a federal grand jury issued indictments against 16 defendants for drug and firearms trafficking charges.

Jesus Daniel Sonora-Gonzalez, 29, of Carlsbad, Guerrero Muro, 33, of Midland, Texas, and Marco Antonio Torres-Vivas, 40, of Carlsbad were charged on April 19 with conspiracy to distribute controlled substances including 50 grams and more of methamphetamine and 500 grams and more of fentanyl, nine counts of distribution of fentanyl and methamphetamine, and one count of attempt to distribute 400 grams and more of fentanyl. If convicted, both men face up to life in prison.

Damon Michael Johnsey, 28, and Kelly Lamar Burke, 31, both of Carlsbad, were charged under separate indictments on July 19 with possession with intent to distribute 40 grams and more of fentanyl, using and carrying a firearm during and in relation to a drug trafficking crime and being a felon in possession a firearm and ammunition. Johnsey was previously convicted of possession a controlled substance. Burke was previously convicted of abuse of child and possession of a controlled substance. If convicted, both men face up to life in prison.

Kinny Gonzalez, 29, his sister Kassandra Lee Perales, 32, her boyfriend Carlos Michael Venegas, Jr., 24, Amber Kathleen Owen, 50, Brian Kain Purdy aka “Guero,” 41, Sabino Alfonso Maldonado aka “Flaco,” 31, Jared Michael Moore aka “Ghost,” 42, all of Carlsbad, and Jesus Alonso Cerezo-Espidio aka “Pitufo,” 50, of Mexico, were charged on July 19 with conspiracy to distribute cocaine; possession with intent to distribute cocaine, 400 grams and more of fentanyl, 50 grams and more of methamphetamine, and 5 grams and more of methamphetamine; distribution of 400 grams and more of fentanyl and 50 grams and more of methamphetamine, smuggling goods from the United States and conspiracy thereto; attempt to smuggle a firearm and ammunition out of the United States to promote a drug trafficking crimes; attempt to possess with intent to distribute 50 grams and more of methamphetamine and 500 grams and more of cocaine; and using and carrying a firearm during and relation to a drug trafficking crime. If convicted, Gonzalez, Perales, Venegas, Owen, and Cerezo-Espidio face up to life in prison. If convicted, Moore faces up to 20 years in prison.  If convicted, Purdy and Maldonado each face up to 10 years in prison.

Manuel Pineda Montoya, 43, of Carlsbad, was charged on July 19 with possession with intent to distribute 400 grams and more of fentanyl, 50 grams and more of methamphetamine, and 40 grams and more of fentanyl; using and carrying a firearm during and in relation to a drug trafficking crime; and being a felon in possession a firearm and ammunition. If convicted, Montoya faces up to life in prison.

Silvester Cruz Rueda II, 44, and Jaycelyn Amberly Marrujo, 22, both of Carlsbad, were charged on July 19 with conspiracy to distribute fentanyl as well as possession with the intent to distribute fentanyl. Rueda II also was charged with using and carrying a firearm during and in relation to a drug trafficking crime. In convicted, Rueda II faces up to life in prison, and Marrujo faces up to 20 years in prison.

David Kirk Haynes, 55, was charged on July 19 with possession with intent to distribute 400 grams and more of fentanyl.  If convicted, Haynes faces up to life in prison.  Haynes is a fugitive and has not yet been arrested.

Gonzalez, Owen, Purdy, Maldonado, Moore, Rueda II, Marrujo, Johnsey, and Burke were arrested in Carlsbad on August 1, 2023.  Perales and Venegas, Jr. were arrested on August 1, 2023, in North Dakota.

Freddie Trevino, 48, was arrested in Carlsbad on August 1, 2023, and charged by criminal complaint with possession with intent to distribute 50 grams and more of a mixture and substance containing methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. If convicted, Trevino faces up to life in prison. 

During the arrests on August 1, 2023, agents executed four search warrants in Carlsbad and seized methamphetamine, cocaine, firearms, and money. To date, agents have seized approximately 56 kilograms of methamphetamine, four kilograms of cocaine, four kilograms of fentanyl, 31 firearms, and $75,000 from the drug trafficking organization.

“No corner of New Mexico is beyond the reach of federal criminal investigators. Through strong partnerships with local law enforcement, we struck at the heart of this drug trafficking network, disrupting its operations from the source to the streets,” said U.S. Attorney Uballez. “But our mission does not end here. We remain vigilant throughout New Mexico to investigate and prosecute drug distribution networks flooding our streets with poison.”

“This is a violent organization with links to cartel activity,” said Eric Castañeda, Acting Special Agent in Charge of the DEA’s El Paso Division. “Make no mistake. DEA will continue to aggressively pursue this and other organizations responsible for bringing these dangerous drugs into the communities of southern New Mexico.”

“Organized crime has no place in our country or our communities, especially organizations that poison our citizens with their dangerous drugs and illicit activities,” said Francisco B. Burrola, special agent in charge for HSI El Paso. “These arrests exemplify HSI’s commitment to collaborate with our law enforcement partners to dismantle international criminal organizations one by one.”

“ATF remains committed to protecting the citizens of New Mexico from the scourge of violent firearm offenders. Armed drug trafficking organizations are at the heart of many of the violent acts occurring around us every day. We are proud of the hard work shown here by our partners to put some of the worst of the worst behind bars” stated ATF Dallas Special Agent in Charge Jeffrey C. Boshek II.

“These types of operations have a powerful and lasting  impact on our communities. Strong partnerships between federal and local law enforcement make our towns safer and a better place to live. The Eddy County Sheriff’s Office will always stand ready to do our part!”

This investigation was conducted as part of the Organized Crime Drug Enforcement Task Force. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

 The Drug Enforcement Administration, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pecos Valley Drug Task Force led the investigation, with enforcement assistance from the United States Marshal Service, Carlsbad Police Department, Eddy County Sheriff’ Department, Roswell Police Department, Chaves County Drug Task Force, DEA Airwing and Customs and Border Patrol. The New Mexico Air National Guard’s Air Unit, Artesia Police Department and Customs and Border Patrol’s Air Unit also provided support in this matter.  

The case is being handled by Assistant U.S. Attorneys Renee L. Camacho and Devon Aragon-Martinez.

The charges contained in an indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

 

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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 today that Lestat Cree Valdez made an initial appearance in federal court on a criminal complaint charging him with assault with a dangerous weapon. Valdez, 20, of Mescalero, will remain in custody pending trial.

According to the criminal complaint, the victim was sleeping on the couch in a residence located on the Mescalero Apache reservation when she awoke to being stabbed in the head and chest. A witness heard the victim call for help and observed Valdez striking the victim. The witness chased Valdez from the residence before returning to provide medical assistance to the victim until EMS arrived.

Later that day, Valdez turned himself in to law enforcement. During a subsequent interview, Valdez admitted to ingesting LSD and two unknown drugs and described losing control of his body. Valdez stated that during his acid “trip,” he observed himself stabbing the victim.

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

This case was investigated by the Las Cruces Resident Agency of the Federal Bureau Investigation with assistance from the Bureau of Indian Affairs. Assistant United States 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 Federal Bureau of Investigation’s Albuquerque Field Office, announced that Joshua Rico was sentenced to 30 years in prison. Rico, 27, of Pecos, New Mexico, pleaded guilty on Dec. 22, 2022, to five counts of coercion and enticement of minors.

A federal grand jury indicted Rico on May 12, 2021. According to court documents, beginning as early as January 2018, Rico used multiple profiles on the social media platform Snapchat to coerce female high school students, some of which he was familiar with from his job as the assistant basketball coach at a local high school, into sending him sexually explicit photos and videos and engage in sexual acts. Rico used fictitious profiles under the names “Chris Lujan” and “Erik Romero” as well as a profile in his own name to threaten, coerce and manipulate at least four victims who were between 14 and 16 years old.

In each case, Rico used one or both of his fake profiles to persuade the victims into sending compromising photos, then used the threat of exposing the photos to coerce the victims into engaging in sexual acts and sending him videos of the acts. In two instances, after using a fake profile to demand that the victims engage in sexual acts and provide videos, he offered to “help” the victims by allowing them to perform the sexual act with him. Rico coerced at least one of the victims into engaging in sexual acts with him.

Rico’s scheme continued unchecked for nearly three years until one of the victims pieced together that Rico and “Erik” were the same person and reported the conduct to her school and the New Mexico State Police. Through diligent investigation, law enforcement was able to confirm that Rico was also “Chris Lujan” and “Erik Romero.”

“This case highlights the importance and benefit of law enforcement partnerships and task forces. Each agency played a vital role in developing a comprehensive case for prosecutors,” said FBI Special Agent in Charge Raul Bujanda. “The successful multi-agency investigation and prosecution by the U.S. Attorney’s Office will keep a dangerous predator out of the school system and will prevent him from targeting additional minors.”

“Our mission is clear: to protect the innocent, to uphold the rule of law, and to ensure that those who engage in such malicious activities face the consequences of their actions,” said U.S. Attorney Alexander M.M. Uballez. “Together with our law enforcement partners, we will continue to safeguard our children, schools, neighborhoods, and communities. We call upon everyone to be vigilant regarding the online activity of our children and report any suspicious or concerning conduct. The safety of our children is a shared responsibility, and we must work hand-in-hand to maintain their wellbeing – whether at school, in the community, or on the internet. This sentence should send a message to would-be predators, especially those who work in positions of trust with children, that sextortion is a heinous crime that will be punished with decades in prison.”

Upon his release from prison, Rico will be required to register as a sex offender and serve a 20-year term of supervised release.

The New Mexico State Police, the FBI, and the Regional Computer Forensic Laboratory investigated this case as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.

Assistant U.S. Attorneys Sarah Mease and Jaymie L. Roybal are prosecuting the case as part of Project Safe Childhood (PSC), 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/.

For more information on sextortion and how to get help, visit the FBI website.

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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 Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Jason E. Begay was sentenced to 15 years in prison. Begay, 42, of Shiprock, an enrolled member of the Navajo Nation, pleaded guilty on Jan. 24 to possession with intent to distribute 50 grams of methamphetamine, felon in possession of a firearm and ammunition, possession with intent to distribute 500 grams and more of a mixture and substance containing methamphetamine, using and carrying a firearm during and in relation to a drug trafficking crime, possessing a firearm in furtherance of such crime and being a felon in possession of a firearm and ammunition.

According to court records, on January 23, 2023, Begay admitted that on November 14, 2022, he was found by Navajo Nation Police Department officers in a vehicle with a black handgun, and multiple plastic bags with methamphetamine.  The total weight of the plastic bags was 6.8 pounds. Begay admitted to having the firearm in furtherance of drug trafficking. Begay also admitted to being a convicted felon who knew that it was not lawful to possess a firearm or ammunition.

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

FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant United States Attorney Robert James Booth II 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 Federal Bureau of Investigation’s Albuquerque Field Office, announced that Martin Lopez was sentenced to 9 years in prison. A federal jury convicted Lopez, 38, of Española, New Mexico, on Oct. 14, 2022, of one count each of carjacking and brandishing a firearm during and in relation to a crime of violence.

A federal grand jury indicted Lopez on March 12, 2021. According to court records, on Oct. 31, 2020, the victim, identified as Jane Doe 1, who had been dating Lopez, ended the relationship that morning. Later that same day, she and a friend, Jane Doe 2, attempted to deliver Lopez’s belongings to his friend who worked at an O’Reilly’s Auto Parts store in Española. As Jane Doe 1 was retrieving Lopez’s belongings from her vehicle, Lopez appeared, threatened both women with a gun, forced his way into the driver’s seat and drove away with the two Jane Does.

Lopez struck both victims with his gun as he drove to nearby apartment complex where he pushed Jane Doe 2 out of the moving vehicle. Lopez threatened to kill her if she called the police. Before being pushed out, Jane Doe 2 was able to dial 911. The 911 recording captured the victims’ terrified screams and was played for the jury at trial. Lopez continued to drive Jane Doe 1 to a secondary location for a period of time.  Later, New Mexico State Police were able to locate the car, Jane Doe 1, and Lopez. However, when law enforcement arrived, Lopez fled the area in Jane Doe 1’s vehicle.

Lopez has prior domestic violence related misdemeanor convictions from 2014, wherein he was given a suspended sentence and his probation was revoked three times. Lopez has been arrested on at least four other occasions for felony charges, none of which resulted in a conviction. Lopez’s sentencing guidelines were calculated at 154 to 177 months. The United States requested a sentence of 177 months. The court imposed a sentence of 108 months (9 years) imprisonment. 

The United States commends Jane Doe 2 and the other witnesses who testified in this case.

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

The Federal Bureau of Investigation and the New Mexico State Police investigated this case. Assistant U.S. Attorneys Jaymie L. Roybal and Letitia Carroll Simms 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 today that Sammy Allen Clouthier, 44, of Carlsbad,  made an initial appearance in federal court on a criminal complaint charging him with possession of child pornography and transportation of child pornography.

According to the criminal complaint, on April 18, 2023, the FBI was made aware of a tip provided to the National Center for Missing and Exploited Children (NCMEC) on Dec. 29, 2022, by cloud service provider Synchronoss Technologies, Inc. Synchronoss provides content storage for the wireless communication service provider Verizon. Synchronoss reported images depicting apparent child sexual abuse material (CSAM) were uploaded to an account associated with Clouthier’s phone number and device. Follow-up investigation revealed that Clouthier, a sergeant in the New Mexico State Police, downloaded, possessed, and transported child pornography using his cellular devices.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Clothier faces a mandatory minimum of 5 years up to 20 years in prison.

This case was investigated by the Albuquerque Division Child Exploitation and Human Trafficking Task Force of the Federal Bureau Investigation. Assistant United States 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 today that Elijah I. Touchine, 23, of Church Rock, and an enrolled member of the Navajo Nation, made an initial appearance in federal court on a criminal complaint charging him with assault with a dangerous weapon with intent to do bodily harm and use of a firearm during a crime of violence.

According to the criminal complaint, early in the morning on July 22, the Navajo Police Department (NPD) received a report that a man identified as Touchine was walking around the area near his residence shooting a gun and threatening to hurt someone. Officers from the NPD and New Mexico State Police responded to the area and came under fire from an unknown direction and an unknown assailant and took tactical action to protect themselves and each other from the incoming fire.

Officers pursued the shooter on foot up into a canyon, but due to the dark conditions, they were unable to identify where the shooter was firing from. After about twelve hours, officers discontinued the search for the shooter.

The following day, July 22, the FBI received information about Touchine’s whereabouts and located him at a local gun store in Gallup, NM with the assistance of the Gallup Police Department. Touchine was taken into custody without incident and it was determined that he had forced, through threats of violence, his grandmother to purchase a gun for him. When asked why he was purchasing a gun, Touchine replied “I don’t know, shoot up any cop I see.”

A black handgun was located in the vehicle Touchine arrived at the location in.

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

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

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ALBUQERQUE, 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 today that Diego Fernandez was sentenced to 28 months in prison. Fernandez, 24, of Los Lunas, pled guilty in federal court on March 7, 2022, to being a felon in possession of a firearm and ammunition.

Fernandez was indicted by a federal grand jury on July 15, 2021. According to the plea agreement and other court records, on April 7, 2021, when the New Mexico State Police (NMSP) attempted to execute a traffic stop, Fernandez fled, driving recklessly and towards oncoming traffic. NMSP canceled the pursuit for safety reasons when Fernandez entered a residential neighborhood but continued to monitor his location from a helicopter. When Fernandez parked, officers from NMSP approached him again and were able to apprehend him after a short foot chase.  

At the time of his arrest, Fernandez possessed a loaded firearm. As a convicted felon, Fernandez could not legally possess a firearm or ammunition.

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

The FBI’s Albuquerque Violent Crime and Gang Task Force (VCGTF) investigated this case with assistance from the New Mexico State Police. Assistant U.S. 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, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Leonard Yazzie, 41, of Pine Hill, New Mexico, and an enrolled member of the Navajo Nation, pled guilty in federal court today to abusive sexual contact. Yazzie will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Yazzie on March 23, 2022. According to court documents, on March 28, 2016, and March 27, 2017, Yazzie engaged in a sexual act with a victim, a child who had not attained the age of 12 years.

At sentencing, Yazzie faces 6 and a half years in prison.

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

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ALBUQERQUE, 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 today that Diego Fernandez was sentenced to 28 months in prison. Fernandez, 24, of Los Lunas, pled guilty in federal court on March 7, 2022, to being a felon in possession of a firearm and ammunition.

Fernandez was indicted by a federal grand jury on July 15, 2021. According to the plea agreement and other court records, on April 7, 2021, when the New Mexico State Police (NMSP) attempted to execute a traffic stop, Fernandez fled, driving recklessly and towards oncoming traffic. NMSP canceled the pursuit for safety reasons when Fernandez entered a residential neighborhood but continued to monitor his location from a helicopter. When Fernandez parked, officers from NMSP approached him again and were able to apprehend him after a short foot chase.  

At the time of his arrest, Fernandez possessed a loaded firearm. As a convicted felon, Fernandez could not legally possess a firearm or ammunition.

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

The FBI’s Albuquerque Violent Crime and Gang Task Force (VCGTF) investigated this case with assistance from the New Mexico State Police. Assistant U.S. 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, the Department of the Interior (DOI) Office of Inspector General, and the Environmental Protection Agency (EPA) Office of Inspector General announced today that Jeffrey Ham pled guilty to conspiracy to commit wire fraud. Ham, 46, of El Prado, NM, will remain on conditions of release pending sentencing, which has not been scheduled.

According to the plea agreement and court documents, Ham owned Timberline Environmental, LLC, an environmental restoration company. . Ham’s co-defendant James Matison, 57, of Boulder, CO, worked as a Program Director at WildEarth Guardians, a not-for-profit organization whose goal is to protect and restore wildlife, natural resources, and ecosystems of the American west. WildEarth Guardians relies on funding primarily through grants that it receives either directly from federal agencies, such as the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Interior (DOI), or indirectly via the State of New Mexico or other not-for-profit organizations. Between February 2015 and April 2019, Ham conspired with Matison to inflate hours billed to WildEarth Guardians by Timberline Environmental, LLC and to pass the excess funds to Matison. All told, Matison and Ham diverted more than $240,000 from WildEarth Guardians.

At sentencing, Ham faces up to 20 years in prison.

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

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ALBUQUERQUE, N.M. –  Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that John Dompierre, 60, of Avondale, Arizona was sentenced to twenty-one months in federal prison for committing perjury in his Federal Criminal Trial.

A federal grand jury indicted Dompierre with Conspiracy and Transportation for Illegal Sexual Activity on September 10, 2020. On November 3 and 4, 2021, Dompierre testified in his own defense during a trial in Federal District Court in Santa Fe, New Mexico. Subsequently, the United States obtained Dompierre’s comprehensive medical records, the content of which unequivocally refuted Dompierre’s own testimony at trial. Dompierre pleaded guilty to Perjury on March 28, 2022.

In addition to the twenty-one-month prison sentence, Dompierre was fined $2,400 and will be on supervised release for three years following his release from the Bureau of Prisons.

The Federal Bureau of Investigation investigated this case with substantial assistance from the Bernalillo County Sheriff’s Office and the Albuquerque Police Department.  Assistant United States Attorneys Letitia Carroll Simms and Thomas Outler prosecuted 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 Federal Bureau of Investigations’ Albuquerque Field Office, announced that Jason Smeltzer was sentenced to 27 months in prison. Smeltzer, 41, of Albuquerque, pled guilty to 5 counts of bank robbery on March 22, 2023.

According to court documents, between Jan. 20 and Feb. 23 of 2022, Smeltzer robbed four Albuquerque banks, one of which he robbed twice. On Jan. 21, the FBI received a tip through the National Threat Operation Center identifying Smeltzer as a possible suspect. Following the fifth robbery on Feb. 23, Robbery Detectives from the Albuquerque Police Department initiated surveillance on Smeltzer’s residence and observed Smeltzer wearing clothes consistent with the description given to them by a teller at the bank. When Smeltzer left his residence, APD Detectives initiated a traffic stop and Smeltzer was taken into custody.

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

The Federal Bureau of Investigations Albuquerque Violent Crimes and Gangs Task Force investigated this case. Assistant United States Attorney Matthew Nelson 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 today that Donavan Henry pled guilty to involuntary manslaughter in Indian Country. Henry, 40, of Tohatchi, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending sentencing, which has not yet been scheduled. Henry’s conditions include a strict prohibition on drug and alcohol use, drug and alcohol testing, and substance-abuse treatment.

According to court documents, on November 2, 2022, Henry was driving east on Route 134 in Sheep Springs, New Mexico, with two passengers when he lost control of his vehicle. The vehicle went off the two-lane road and flipped when it hit a boulder. All three passengers were ejected from the vehicle. A Navajo Police officer arrived to find Henry underneath the vehicle and his passengers lying on the ground near the vehicle.

Henry was airlifted to San Juan Regional Medical Center. The passenger from the front seat, John Doe 1, who was also a member of the Navajo Nation, was placed in an ambulance bound for Northern Navajo Medical Center. The passenger from the back seat, John Doe 2, was placed in an ambulance going to Gallup Indian Medical Center. John Doe 1 died of his injuries while in the back of the ambulance before it left the scene. Henry’s blood-alcohol content, which was drawn at the hospital following the wreck, was .16.

At sentencing, Henry faces a statutory maximum of up to eight years in prison.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and the New Mexico Office of the Medical Investigator. Assistant United States Attorney Zachary 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 Gregory M. Millard, Special Agent in Charge for the DEA El Paso Division, announced today that Kamal Bhula, Pragneshkumar Patel and Johnathan Craft pled guilty to drug and firearms charges arising from a drug trafficking venture run out of a motel Albuquerque. Bhula and Craft will remain in custody pending sentencing, which has not been scheduled.

Kamal Bhula, 44, of Albuquerque, and Pragneshkumar “Pete” Patel, 36, of Montgomery, Alabama, pled guilty to one count each of maintaining a drug-involved premise. Jonathan Craft, 36, of Albuquerque, pled guilty to conspiracy and being a prohibited person in possession of a firearm or ammunition.

A federal grand jury indicted Bhula and Craft on June 20, 2019. Patel was indicted on November 5, 2019. According to court records, Patel owned the Best Choice Inn at 7640 Central Avenue SE and was the on-site manager from September 2017 to March 2018, when Bhula leased the property from Patel and took over as the on-site manager.  Craft lived and worked at Best Choice Inn, claiming to be in charge when Bhula was away. Craft sold drugs from his room, permitted others to do the same, and permitted individuals to use drugs on the premises. Craft also unlawfully possessed a firearm. Bhula and Patel allowed drug trafficking at the motel and personally observed and profited from those who used controlled substances on the premises. 

At sentencing, Bhula, Craft and Patel each face up to 20 years in prison.

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, Homeland Security Investigations, the U.S. Marshals Service, the Bernalillo County Sheriff’s Office and New Mexico State Police.  Assistant United States Attorneys Letitia Carroll Simms and Jack E. Burkhead are prosecuting the case.

ALBUQERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico announced today that Thomas Crosby was sentenced to 5 days in prison or time served. Crosby, 29, of Irwin, Pennsylvania, pled guilty in federal court to the possession of visual depictions of minors engaging in sexually explicit conduct in two separate cases on Sept. 14, 2022.

According to the plea agreement and other court records, on June 20, 2018, PayPal reported seven accounts potentially selling child pornography and numerous accounts purchasing content from the noted sellers. One such buyer was identified as Crosby. PayPal identified various IP addresses utilized by Crosby and provided them to the FBI. Special Agents from the FBI checked the IP addresses in the Internet Crimes Against Children (ICAC) database and were able to determine that they were actively downloading child pornography on the BitTorrent network around the same dates Crosby logged into PayPal. 

At the time of the offense, Crosby was a member of the United States Air Force assigned to Cannon Air Force Base near Clovis, NM. On November 14, 2018, law enforcement agents executed a search warrant on Crosby’s address in Clovis. Crosby was subsequently interviewed by agents of the Air Force Office of Special Investigations and the FBI and admitted to downloading child pornography via BitTorrent. Crosby was administratively discharged from the Air Force as a result and returned to the Pittsburgh area in the Western District of Pennsylvania.

Crosby was indicted by a federal grand jury in the District of New Mexico on Sept. 23, 2020. After Crosby was indicted in the District of New Mexico in September 2020 for possessing child pornography, the FBI executed an arrest warrant near Monroeville, Pennsylvania. At the time of his arrest, Crosby admitted to continuing to view child pornography after leaving New Mexico despite law enforcement intervention. A search of Crosby’s phone uncovered additional items of child pornography. As a result, Crosby was federally indicted on Feb. 1, 2022, in the Western District of Pennsylvania for the additional child pornography offenses.

On Sept. 19, 2022, after the Pennsylvania case was transferred to New Mexico, Crosby pled guilty in federal court to the possession of visual depictions of minors engaging in sexually explicit conduct in both cases. The United States Sentencing Guideline range for Crosby’s offense was 78-97 months in prison, supervised release for 5 years to life, and a requirement to register as a sex offender upon his release from prison.

On July 13, 2023, Crosby appeared in District Court for sentencing in both cases.  The United States recommended that he receive a sentence of 78-months incarceration. Crosby was sentenced to time served, or 5 days in prison, 15 years of supervised release, and ordered to pay restitution in the amount of $12,000. One of the conditions of Crosby’s supervised release is that he be on GPS monitoring with home detention, which allows him to leave his residence for work, appointments, and with the express permission of his Probation Officer for five years.  He will also be required to register as a sex offender.

The New Mexico case was investigated by the Las Cruces Resident Agency of the Federal Bureau of Investigations and the Air Force Office of Special Investigations with assistance from the New Mexico Regional Computer Forensics Laboratory.

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 today that Gilbert Michael Coriz pled guilty to being a felon in possession of firearms and ammunition. Coriz, 37, of Santa Fe, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Coriz on Dec. 8, 2021. According to court records, on Jan. 1, 2021, officers from the Santa Fe Police Department responded to a report of shots fired at a residence on Camino Capitan. After obtaining a search warrant, officers cleared and searched the residence and found Coriz allegedly hiding in a water heater closet in the garage. Officers also found two firearms and various types of ammunition.

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.

At sentencing, Coriz faces up to ten years on prison.

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, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Evan Lemmon was sentenced to 80 months in prison and order to pay $24,875 in restitution. Lemmon, 29, of Albuquerque, pled guilty to nine counts of bank robbery on February 9, 2023.

According to court records, over a five-month period from Sept. 28, 2021, to March 7, 2022, Lemmon committed a spree of nine bank robberies in Albuquerque, each following a similar pattern. Each time, Lemmon would enter the banks wearing a cap, face covering, and a glove on his right hand and pass a similar note to a teller. After the tellers complied, Lemmon would flee on foot to a car parked nearby and leave the scene.

After the eighth robbery, the FBI located one of the cars Lemmon fled in with the assistance of APD’s Investigative Support Unit. The FBI tracked the vehicle and subsequently located it leaving the scene on the ninth robbery. At that time, the FBI executed a search warrant on Lemmon’s residence and recovered caps and items of clothing consistent with the robberies, a piece of paper believed to be a draft note that stated “I HAVE A GUN GIVE M,” and U.S. currency.

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

The FBI’s Albuquerque Violent Crime and Gang Task Force and the Albuquerque Police Department’s Investigate Support Unit (ISU) investigated this case. Assistant United States Attorney Jaymie L. Roybal 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 Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced today that Gabriel Villasenor was sentenced to a term of 115 months in prison. Villasenor, 29, pled guilty on Sept. 2, 2022, to conspiracy to distribute methamphetamine and being a felon in possession of a firearm and ammunition.

According to court documents, in May of 2021, Villasenor drove his co-defendant, Gabriel Blea, to a meeting which Blea had set up in exchange for payment. With Villasenor’s knowledge, Blea had set up a deal to trade approximately half a pound of methamphetamine for five firearms. Unbeknownst to Villasenor or Blea, the other parties in the transaction were undercover agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Blea arrived at the meeting location with the methamphetamine in a backpack and a loaded .45 caliber pistol in his waistband. Agents took Blea into custody at the scene, but Villasenor attempted to flee on foot before he was apprehended.

Villasenor was previously convicted of unlawful possession of a handgun by a person, resisting/evading/obstructing an officer, receiving or transferring a stolen vehicle, possession of methamphetamine, attempt to commit a felony, to wit: felon in possession of a firearm, trafficking by possession with intent to distribute, and possession of a controlled substance. Villasenor was on state probation at the time of these events.

Blea pled guilty to conspiracy to distribute methamphetamine, being in possession with intent to distribute 50 grams and more of methamphetamine and possessing a firearm in furtherance of a drug trafficking crime on July 13, 2022. On Dec. 9, 2022, Blea was sentenced to 15 years in prison followed by 5 years of supervised release.

Upon his release from prison, Villasenor will be subject to 4 years of supervised release.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Jaymie L. Roybal prosecuted the case.

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ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations (HSI) El Paso, announced today that a federal jury returned a guilty verdict against Michael Rivera after less than 2 hours of deliberation.  The jury convicted Rivera, 31, of Santa Clara, New Mexico, on one count of coercion and enticement of a minor and two counts of production of a visual depiction of a minor engaging in sexually explicit conduct. United States District Judge Margaret I. Strickland presided.

A federal grand jury indicted Rivera on Sept. 21, 2022. According to the evidence at trial and other publicly available court records, in 2020, Rivera befriended a minor identified as Jane Doe. Doe and Rivera became close. One day in March of 2021, when Doe was 12 years old, Rivera stopped at a convenience store and bought alcohol for both of them. He then drove to a secluded area of town and parked the car. Rivera then initiated sexual intercourse with Doe in the car. Afterward, Rivera told Doe that she could not tell anyone because he could get in trouble.

Following the incident, Rivera maintained contact with Doe by phone. Later that same year, Rivera began requesting that Doe send him naked photos and videos of herself via text message. Rivera received a number of items of child sexual abuse material from Doe.

“HSI is committed to combatting the global fight against child exploitation.  HSI El Paso’s efforts are focused on protecting our children and holding the offenders of such heinous acts accountable,” said Francisco B. Burrola, special agent in charge of HSI El Paso. “Innocent children are irreparably harmed in the production of child pornography, and individuals who distribute such revolting material continue to victimize them.  HSI works to identify, rescue, and provide services to children who have been subjected to sexual abuse and online exploitation and ultimately ensure those responsible are placed behind bars where they should remain.”

“Rivera exploited the vulnerability of a child less than half his age,” said U.S. Attorney Alexander M.M. Uballez. “Alongside our local partners, the United States will vigorously protect our community from such predators.”

Rivera faces a mandatory minimum of 10 years and up to life in prison for one count of coercion and enticement and a mandatory minimum of 15 years and up to 30 years in prison for each count of production of child pornography. Upon his release from prison, Rivera would be subject to registration as a sex offender.

Homeland Security Investigations investigated this case with the assistance of the Grant County Sheriff’s Office and the Las Cruces Police Department. Assistant United States Attorneys Marisa A. Ong and Eliot Neal are prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations (HSI) El Paso, announced today that Alfredo Ochoa-Munoz was sentenced to 120 months years in prison. Ochoa-Munoz, 37, of Cuidad Juarez, Chihuahua, Mexico, pled guilty to conspiracy to take a hostage and three counts of hostage taking on Jan. 10, 2023.

According to court records, between Feb. 5 and Feb. 17 of 2022, three migrants were picked up after crossing illegally into the United States and dropped off at two trailers in Vado, New Mexico that were rented by Ricardo Barrientos-Noriega. En route, the driver took the migrants’ phones and transferred them to Ochoa-Munoz when they arrived at the trailers. Ochoa-Munoz, Barrientos-Noriega, and a third co-defendant, Luis Roberto Arturo Meza-Marin, informed the migrants that they were not allowed to leave the trailers until their families paid more money for their release. Ochoa-Munoz, at the order and direction of Barrio Azteca gang member, Eduardo Sarellano-Garcia, a.k.a. “Padrino,” contacted the migrants’ families and demanded payment for their release. The migrants were threatened with death, injury and continued detainment until such payments were received.

On Feb. 17, after Ochoa-Munoz and his co-defendants received full payments from the migrants’ families, the migrants were picked up by Michael Ryan Ratliff and told that they would be driven to their next destination. En route, the group encountered Border Patrol agents at the I-10 checkpoint located between Las Cruces and Deming, New Mexico. Based on their knowledge and experience, agents detained the group for questioning at which time the migrants admitted to being in the United States illegally and had been held against their will at the location at which they were harbored. Ratliff was arrested at the checkpoint. During subsequent interviews, the three migrants were able to provide agents with the location of the trailers they had been held in. Agents went to the trailers where they encountered and arrested Ochoa-Munoz, Meza-Marin and Barrientos-Noriega.

Ochoa-Munoz, Sarellano-Garcia, Meza-Marin, Barrientos-Noriega and Ratliff, were indicted by a federal grand jury on May 19, 2022. Meza-Marin, 33, of Chihuahua, Mexico, pled guilty to conspiracy to take a hostage and three counts of hostage taking on June 16, 2022, and will remain in custody pending sentencing, which has not been scheduled. Barrientos-Noriega, 24, of Torreon, Mexico, pled guilty to conspiracy to take a hostage and three counts of hostage taking on Sept. 29, 2022, and will remain in custody pending sentencing, which has not been scheduled. Ratliff, 33, of Corinth, Texas, pled guilty to conspiracy to transport illegal aliens and three counts of transporting illegal aliens on June 9, 2022, and was sentenced to 12 months in prison or time served, whichever was longer, and three years of supervised probation. 

Homeland Security Investigations investigated this case with assistance from U.S. Border Patrol. Assistant United States Attorneys Matthew Ramirez 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 today that Brian Levi and Daryl Levi were arraigned on an indictment charging them with carjacking resulting in serious bodily injury. Brian, 37, of Shiprock, and his brother, Daryl, 40, of Shiprock, enrolled members of the Navajo Nation, will both remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted the Levi brothers on Nov. 23, 2022. According to the indictment and other court records, on May 17, 2020, the victim, John Doe, was parked in his car at the Gulf Gas Station in Shiprock when Brian and Daryl attacked Doe through the car window and removed him from the car before one of them got into the driver’s seat and drove away. Doe suffered serious bodily injury including a stab wound.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, both brothers face up to 25 years in prison.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Alexander F. Flores 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 today that Russell Wheeler was sentenced to 110 months in prison followed by 3 years of supervised release. Wheeler, 51, of Los Lunas, New Mexico, pled guilty to two counts of being a felon in possession of a firearm and ammunition and one count of attempt to manufacture methamphetamine on May 26, 2022.

According to court records, on May 22, 2021, following an argument, Wheeler shot a man in the head, at close range, with a revolver before fleeing the scene on foot. The victim was taken to an urgent care clinic and later to the University of New Mexico Hospital for treatment. He survived his injuries and Wheeler was identified as the shooter by a witness. Wheeler was convicted of possession of a controlled substance in 2005 and aggravated fleeing from law enforcement in 2007, both felonies. As a previously convicted felon, Wheeler cannot legally possess firearms or ammunition.

Following the incident, the FBI sought and executed a search warrant on Wheeler’s home. Inside, the FBI recovered two firearms - a 12-gauge shotgun and a black semi-automatic pistol -and ammunition and discovered an active methamphetamine lab in the bathroom of the residence. Wheeler admitted that he was in the process of cooking methamphetamine when agents knocked on his door and he had flushed much of what he was making down the toilet.

            The FBI Violent Crime Task Force investigated this case with assistance from the Valencia County Sheriff’s Office and New Mexico State Police. Assistant United States Attorney Jaymie L. Roybal 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 today that Justin Aquino made an initial appearance in federal court on an indictment charging him with obstruction of justice and making false statements. Aquino, 28, of Ohkay Owingeh, will remain on conditions of release pending trial.

According to the indictment, on Feb. 26, 2020, Aquino allegedly used his position as an officer with the Ohkay Owingeh Police Department to impede a federal grand jury investigation by disclosing information about an ongoing investigation being conducted by Homeland Security Investigations and the Drug Enforcement Administration to an individual outside of the investigation. Then, on May 24, 2022, while working for the Pojoaque Police Department, Aquino was confronted by special agents from the FBI and Aquino falsely stated that he had not disclosed information to anyone outside of the investigation

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Aquino faces a maximum sentence of 25 years in prison.

This case was investigated by the Santa Fe office of the Federal Bureau Investigation with assistance from Homeland Security Investigations, the Drug Enforcement Administration, the Bureau of Indian Affairs and the Region III Drug Enforcement Task Force. Assistant United States Attorney Peter J. Eicker 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 today that Garrick Richard Shendo-Herrera made an initial appearance in federal court on a criminal complaint charging him with sexual abuse. Shendo-Herrera, 34, of Mescalero, will remain in custody pending trial.

According to the complaint, on May 16, 2023, the victim gave Shendo-Herrera a ride home from his workplace. After they arrived at Shendo-Herrera’s residence, Shendo-Herrera allegedly began sexually abusing the victim. Shendo-Herrera stopped assaulting the victim only when a third party interrupted the alleged assault, giving the victim a chance to escape.

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

This case was investigated by the Las Cruces Resident Agency of the Federal Bureau Investigation with assistance from the Bureau of Indian Affairs. Assistant United States 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 Jeffrey C. Boshek II, Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced today that Ruben Martha, 42, of Las Cruces, and Pablo Vargas, 52, of Las Cruces, were sentenced to 21 months and 60 months respectively for their parts in a neighbor dispute which resulted in approximately 39 rounds being fired and Martha, and another individual, being shot.

A federal grand jury indicted Vargas and Martha on April 20, 2022. According to court records, on April 17, 2021, Vargas was attending a party at his parent’s home on Nevada Street in Las Cruces, New Mexico. Martha, who lived down the street, was returning to his home along with his girlfriend and his adult daughter, who were in separate cars, and slowed down as they navigated their way through the busy street. An angry exchange occurred during which an object was thrown at Martha’s car and a can was thrown through the open window of the car Martha’s daughter was driving. The daughter was struck by the can and injured.

When Martha reached his home and observed what had happened, he ran back down the street towards the Vargas residence but retreated to his house when he saw Vargas and others outside the home. Shortly thereafter, another neighbor arrived on scene. The neighbor parked on the street where he observed a group with firearms walking towards him from the Vargas residence. Gunfire was exchanged and the neighbor was struck in the head by a bullet, however he managed to flee the scene. Martha retrieved a shotgun from a trashcan on his property as Vargas and at least one other individual fired toward Martha’s residence. Martha chambered a round of ammunition in the shotgun but was struck in the chest.

Though originally not expected to survive his injuries, the neighbor has since recovered. Martha also recovered from his injuries.

In 1997, Vargas was convicted of shooting at or from a motor vehicle. Martha was convicted in 2000 of aggravated assault with a deadly weapon and criminal damage to property, and in 2007 of shooting at a dwelling, aggravated assault with a deadly weapon, and felon in possession. As previously convicted felons, neither Vargas nor Martha can legally possess firearms or ammunition.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Las Cruces Police Department. Assistant United States Attorneys Maria Armijo and Christopher McNair are 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 Mariah Chapo pled guilty to involuntary manslaughter. Chapo, 26, an enrolled member of Navajo Nation, will remain in custody pending sentencing

According to court records, on the night of February 11, 2022, Chapo was driving her vehicle at a high rate of speed while intoxicated with her eight-month-old son unsecured in the backseat. Chapo failed to assess a lazy turn and rolled the vehicle she was driving up a dirt embankment. Her son was ejected from the vehicle through an open window and died at the scene. Chapo’s  blood alcohol content registered at .12 and .11 and first responders found an empty 375-milliliter bottle of Importers Vodka in the vehicle. 

At sentencing, Chapo faces up to eight years in prison. 

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

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