District of New Mexico

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 Daniel Balizan was arrested on criminal charges of coercion and enticement of a minor, related to his alleged persuasion, inducement, enticement, or coercion of a child under the age of 18 years of age to engage in sexual activity.

According to court documents, Balizan, 61, of Springer, a former priest at Santa Maria de la Paz Catholic Church in Santa Fe, New Mexico and St. Patrick’s-St. Joseph’s Catholic Church in Raton, New Mexico, allegedly used text messages to coerce and entice a minor victim, identified as John Doe in court documents, to engage in sexual activity with him.

“Abusing children under the veil of religious authority is an attack on the faith itself,” said U.S. Attorney Alexander M.M. Uballez. “I am humbled by the bravery of John Doe. With our partners, we will vigorously pursue justice for him and all of our children.”

“We have and will continue to do everything we possibly can to protect our children from predators who seek to do them harm by abusing their inherent positions of trust.” said Raul Bujanda, FBI Special Agent in Charge.

If convicted, Balizan faces a minimum of 10 years and up to life in prison.

The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Santa Fe County Sheriff’s Office and the New Mexico Regional Computer Forensic Laboratory.

Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.

Balizan is being prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Justice Department to combat the epidemic of child sexual exploitation and abuse.  Led by U.S. 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

Starting today, information about the federal prosecution of Balizan, including the indictment, will be available at https://www.justice.gov/usao-nm/priest-prosecution. Also starting today, individuals may provide any information related to Balizan’s contact with minors by calling the FBI at 1-800-CALL-FBI or submitting a tip online at tips.fbi.gov.

Below is a timeline of Balizan’s assignments from 1989 to 2022:

FBI

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

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ALBUQUERQUE, N.M. – Today, during the Not Invisible Act Commission’s public hearing hosted in Albuquerque, New Mexico, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and the Department of Justice announced the creation of the Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which permanently places 10 attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered Indigenous people. The District of New Mexico will receive one of five dedicated MMIP Assistant U.S. Attorneys which will provide specialized support to the New Mexico, Colorado, Utah, Nevada and Arizona.

“This new program mobilizes the Justice Department’s resources to combat the crisis of Missing or Murdered Indigenous Persons, which has shattered the lives of victims, their families, and entire Tribal communities,” said Attorney General Merrick B. Garland.  “The Justice Department will continue to accelerate our efforts, in partnership with Tribes, to keep their communities safe and pursue justice for American Indian and Alaska Native families.”

“These new positions represent the Justice Department’s continuing commitment to addressing the MMIP crisis with urgency and all of the tools at our disposal,” said Deputy Attorney General Lisa O. Monaco. “MMIP prosecutors and coordinators will work with partners across jurisdictions and alongside the Tribal communities who have been most devastated by this epidemic.”

“Together, we will meet the case of each missing and murdered indigenous person with urgency, transparency, and coordination,” said U.S. Attorney Alexander M.M. Uballez. “Everyone deserves to feel safe in their community and confident that law enforcement will be vigilant in the investigation of missing community members.”

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

The program will dedicate five MMIP Assistant U.S. Attorneys and five MMIP coordinators to provide specialized support to United States Attorneys’ offices to address and combat the issues of MMIP.  This support includes assisting in the investigation of unresolved MMIP cases and related crimes, and promoting communication, coordination, and collaboration among federal, Tribal, local, and state law enforcement and non-governmental partners on MMIP issues.  The five regions include the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions, and MMIP personnel will be located within host United States Attorneys’ offices in the Districts of Alaska, Arizona, Eastern Washington, Minnesota, New Mexico, Northern Oklahoma, Oregon, South Dakota, and Western Michigan.  Programmatic support will be provided by the MMIP Regional Outreach Program Coordinator at the Executive Office for United States Attorneys.

“The Executive Office for United States Attorneys and the United States Attorney community are committed to preventing and responding to cases of missing or murdered Indigenous people.  To that end, we will work together with all relevant federal, Tribal, state and local law enforcement partners to locate missing persons and solve crimes where they have occurred,” said Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson.  “This new program will allow the Department to build upon the work done by individual United States Attorneys’ offices and ensure continued support to those offices by coordinating outreach regionally on MMIP matters. 

More broadly, this MMIP Program will complement the work of the Justice Department’s National Native American Outreach Services Liaison, who is helping amplify the voice of crime victims in Indian country and their families as they navigate the federal criminal justice system.  Further, the MMIP Program will liaise with and enhance the work of the Department’s Tribal Liaisons and Indian Country Assistant United States Attorneys throughout Indian Country, the Native American Issues Coordinator, and the National Indian Country Training Initiative Coordinator to ensure a comprehensive response to MMIP.

Tessa M. DuBerry

U.S. Attorney Alexander M.M. Uballez announcing the MMIP Regional Outreach Program during opening remarks at the Not Invisible Act Commission hearing on June 28, 2023. U.S. Attorney Uballez is joined by Heidi Todacheene, Senior Advisor to the Secretary (left) and Elizabeth Hidalgo Reese, White House Senior Policy Advisor for Native Affairs (right).

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Milton Boutte was sentenced to two years in prison and ordered to pay $1,210,000 in restitution. A federal jury convicted Boutte, 77, of Moriarty, New Mexico, of conspiracy to defraud the United States and conspiracy to commit wire fraud on June 27, 2022.

Beginning in 2004, Boutte, who was then the Director of the Big Crow Program Office at Kirtland Air Force Base, conspired with others to pay lobbyists, consultants and contractors with funds fraudulently obtained from the United States.  Boutte conspired with George Lowe, a lobbyist, and Joe Diaz and Arturo Vargas, owners of Miratek and Vartek, two minority-owned small businesses that had sole-source contracts with the Big Crow Program Office. The conspirators disguised the nature of the claims for lobbying services provided by Lowe as well as other unauthorized subcontracts and expenditures. The Big Crow Program Office was not authorized to lobby or to expend appropriated funds for lobbying activities under the contracts.

Over the course of the conspiracy, Miratek and Vartek received approximately $8.4 million from the government. Of that amount, Boutte required those small businesses to pay nearly $4.1 million to lobbyists, consultants and contractors that Boutte had retained. Of that sum, Miratek and Vartek diverted more than $900,000 to Lowe, and another government contractor paid Lowe an additional $300,000. 

Boutte and his co-conspirators were charged in a 46-count indictment on Nov. 28, 2017, with conspiracy to defraud the United States with respect to claims, conspiracy to commit wire fraud, fraud against the United States, and false, fictitious or fraudulent claims.  Lowe, Diaz, and Vargas each pleaded guilty previously. The four conspirators were ordered to pay more than $1.2 million in restitution, with Vargas to contribute up to $398,027, Diaz to contribute up to $910,000, and Lowe and Boutte liable for the full amount.

“The United States Attorney's Office is committed to protecting the integrity of our federal agencies and your tax dollars,” said U.S. Attorney Alexander M.M. Uballez. “I want to thank the dedicated investigators and prosecutors who worked on this case. Their hard work and dedication led to these convictions and sentences."

“The sentencing should serve as a stark reminder that our agents, and those of our partner law enforcement agencies, are relentless in their pursuit of those who choose to defraud the government,” said Special Agent-in-Charge L. Scott Moreland, of the Department of the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office.

The case was investigated by the Department of the Army Criminal Investigation Division Major Procurement Fraud Field Office, Defense Criminal Investigations Services, Defense Contract Audit Agency – Investigative Support, U.S. Small Business Administration Office – Office of Inspector General, and General Services Administration – Office of Inspector General. Assistant U.S. Attorneys Timothy S. Vasquez and Jeremy Peña 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 Milton Boutte was sentenced to two years in prison and ordered to pay $1,210,000 in restitution. A federal jury convicted Boutte, 77, of Moriarty, New Mexico, of conspiracy to defraud the United States and conspiracy to commit wire fraud on June 27, 2022.

Beginning in 2004, Boutte, who was then the Director of the Big Crow Program Office at Kirtland Air Force Base, conspired with others to pay lobbyists, consultants and contractors with funds fraudulently obtained from the United States.  Boutte conspired with George Lowe, a lobbyist, and Joe Diaz and Arturo Vargas, owners of Miratek and Vartek, two minority-owned small businesses that had sole-source contracts with the Big Crow Program Office. The conspirators disguised the nature of the claims for lobbying services provided by Lowe as well as other unauthorized subcontracts and expenditures. The Big Crow Program Office was not authorized to lobby or to expend appropriated funds for lobbying activities under the contracts.

Over the course of the conspiracy, Miratek and Vartek received approximately $8.4 million from the government. Of that amount, Boutte required those small businesses to pay nearly $4.1 million to lobbyists, consultants and contractors that Boutte had retained. Of that sum, Miratek and Vartek diverted more than $900,000 to Lowe, and another government contractor paid Lowe an additional $300,000. 

Boutte and his co-conspirators were charged in a 46-count indictment on Nov. 28, 2017, with conspiracy to defraud the United States with respect to claims, conspiracy to commit wire fraud, fraud against the United States, and false, fictitious or fraudulent claims.  Lowe, Diaz, and Vargas each pleaded guilty previously. The four conspirators were ordered to pay more than $1.2 million in restitution, with Vargas to contribute up to $398,027, Diaz to contribute up to $910,000, and Lowe and Boutte liable for the full amount.

“The United States Attorney's Office is committed to protecting the integrity of our federal agencies and your tax dollars,” said U.S. Attorney Alexander M.M. Uballez. “I want to thank the dedicated investigators and prosecutors who worked on this case. Their hard work and dedication led to these convictions and sentences."

“The sentencing should serve as a stark reminder that our agents, and those of our partner law enforcement agencies, are relentless in their pursuit of those who choose to defraud the government,” said Special Agent-in-Charge L. Scott Moreland, of the Department of the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office.

The case was investigated by the Department of the Army Criminal Investigation Division Major Procurement Fraud Field Office, Defense Criminal Investigations Services, Defense Contract Audit Agency – Investigative Support, U.S. Small Business Administration Office – Office of Inspector General, and General Services Administration – Office of Inspector General. Assistant U.S. Attorneys Timothy S. Vasquez and Jeremy Peña 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 that Jeremy Daniel Dennis pled guilty to assault on a federal officer in Indian Country. Dennis, 43, of Mescalero, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending sentencing, which has not been scheduled.

According to court documents, on Dec. 25, 2022, Dennis assaulted a BIA Officer conducting a welfare check on him by hitting and kicking the officer, wrestling the officer to the ground, and rubbing pepper spray in the officer’s face. The incident occurred in Otero County, New Mexico, within the bounds of the Mescalero Apache Reservation.

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

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

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 of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Dennett Jerome Chee pled guilty to assault resulting in serious bodily injury in Indian Country. Chee, 37, of Mescalero. and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Chee on Jan. 10. According to the indictment and other court records, in May of 2022, Chee assaulted a victim, identified as John Doe, in Otero County, New Mexico, on the Mescalero Apache reservation. The assault resulted in serious bodily injury to John Doe.

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

The FBI and the Bureau of Indian Affairs investigated this case. Assistant United States Attorney Eliot Neal is prosecuting the case.

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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 serving Albuquerque’s International District (ID) last week at the International District Library to discuss violent crime. John Bulten, Co-Executive Director of East Central Ministries, Sachi Watase, Executive Director of the New Mexico Asian Family Center (NMAFC), Khadijah Asili Bottom, the founder of Vizionz-Sankofa, and Will Williams, a community coordinator from Vizionz-Sankofa, presented statements. This listening session focused on violent crime, community-based solutions, and the relationship between law enforcement and the community. This was the first of a series of listening sessions to be held throughout the Albuquerque this summer.

United States Attorney Uballez opened the session by asking how the Department of Justice could support the ID in confronting violence. Participants described the link between violence and fentanyl trafficking, use, and addiction, and the need for additional resources in the ID—from funding community organizations to increasing law enforcement visibility. Others described a harrowing federal grant process that felt incongruous with the level to which federal law enforcement relies on their organizations. All participants emphasized the importance of building authentic relationships between law enforcement and the community.

John Bulten and Will Williams described how fentanyl changed the violent crime landscape. “I’ve seen how quickly and aggressively . . .  fentanyl took over and just it's deteriorating these people out here and it's causing a lot of the violence,” said Williams. “If fentanyl isn't made like a public health emergency,” Williams added, “everything we're talking about now is going to be ten times worse five years from now.”

Sachi Watase highlighted the importance of building trust in the Pan-Asian community. Following an arrest, she said, the “tension does not disappear.” Watase described how language barriers, a lack of cultural competency, and a reactive approach to enforcement stand in the way of authentic relationships with the Asian community in New Mexico. Watase also expressed frustration with the federal grant process. She described the heavy reliance of federal law enforcement on NMAFC for translation, intelligence, and community connection and contrasted it against the onerous process of seeking federal grants. “It is too much for us to constantly have to . . . go through a competitive process when we're the only ones who are doing this and [federal law enforcement] need us to do it.”  said Sachi Watase. “We know that these [federal law enforcement] entities trust us and that we're doing a good job because they're the ones who are asking us to do this.”

All participants stressed the importance of authentic investment in the ID. Khadijah Asili Bottom stated that, “[I]t'll take time . . . to get the trust of the community. So, I think that’s a cool thing to start having and being visible at community functions.” Williams complemented Albuquerque Community Safety’s Violence Intervention Program, describing community walks as a critical way to achieve a positive police presence and avoid over-policing.

This was the first 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 Program. USA Uballez will meet with community leaders from the Westgate community, service providers for the unhoused, 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.

(left to right) AUSA Tom Aliberti, Sachi Watase, EAUSA Aja Brooks, Law Enforcement Coordinator Specialist Alyssa Skrepcinski, USA Uballez, FAUSA Holland Kastrin, AUSA Paul Mysliwiec, AUSA Kim Bell, AUSA David Hirsch, Khadijah Asili Bottom, Will Williams and AUSA Nora Williams.

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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 serving Albuquerque’s International District (ID) last week at the International District Library to discuss violent crime. John Bulten, Co-Executive Director of East Central Ministries, Sachi Watase, Executive Director of the New Mexico Asian Family Center (NMAFC), Khadijah Asili Bottom, the founder of Vizionz-Sankofa, and Will Williams, a community coordinator from Vizionz-Sankofa, presented statements. This listening session focused on violent crime, community-based solutions, and the relationship between law enforcement and the community. This was the first of a series of listening sessions to be held throughout the Albuquerque this summer.

United States Attorney Uballez opened the session by asking how the Department of Justice could support the ID in confronting violence. Participants described the link between violence and fentanyl trafficking, use, and addiction, and the need for additional resources in the ID—from funding community organizations to increasing law enforcement visibility. Others described a harrowing federal grant process that felt incongruous with the level to which federal law enforcement relies on their organizations. All participants emphasized the importance of building authentic relationships between law enforcement and the community.

John Bulten and Will Williams described how fentanyl changed the violent crime landscape. “I’ve seen how quickly and aggressively . . .  fentanyl took over and just it's deteriorating these people out here and it's causing a lot of the violence,” said Williams. “If fentanyl isn't made like a public health emergency,” Williams added, “everything we're talking about now is going to be ten times worse five years from now.”

Sachi Watase highlighted the importance of building trust in the Pan-Asian community. Following an arrest, she said, the “tension does not disappear.” Watase described how language barriers, a lack of cultural competency, and a reactive approach to enforcement stand in the way of authentic relationships with the Asian community in New Mexico. Watase also expressed frustration with the federal grant process. She described the heavy reliance of federal law enforcement on NMAFC for translation, intelligence, and community connection and contrasted it against the onerous process of seeking federal grants. “It is too much for us to constantly have to . . . go through a competitive process when we're the only ones who are doing this and [federal law enforcement] need us to do it.”  said Sachi Watase. “We know that these [federal law enforcement] entities trust us and that we're doing a good job because they're the ones who are asking us to do this.”

All participants stressed the importance of authentic investment in the ID. Khadijah Asili Bottom stated that, “[I]t'll take time . . . to get the trust of the community. So, I think that’s a cool thing to start having and being visible at community functions.” Williams complemented Albuquerque Community Safety’s Violence Intervention Program, describing community walks as a critical way to achieve a positive police presence and avoid over-policing.

This was the first 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 Program. USA Uballez will meet with community leaders from the Westgate community, service providers for the unhoused, 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.

(left to right) AUSA Tom Aliberti, Sachi Watase, EAUSA Aja Brooks, Law Enforcement Coordinator Specialist Alyssa Skrepcinski, USA Uballez, FAUSA Holland Kastrin, AUSA Paul Mysliwiec, AUSA Kim Bell, AUSA David Hirsch, Khadijah Asili Bottom, Will Williams and AUSA Nora Williams.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Daniel Vincent Olguin was arraigned on an indictment charging him with assault resulting in serious bodily injury, domestic assault by a habitual offender, and being a felon in possession of ammunition. Olguin, 36, of Bosque Farms, and an enrolled member of the Pueblo of Isleta, will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Olguin on May 24. According to the indictment and other court records, on Aug. 9, 2022, Olguin assaulted his intimate partner, Jane Doe. As a result of the assault, Doe was diagnosed with a concussion.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Olguin faces up to 15 years in prison.

The Isleta Police Department investigated this case. 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 FBI Albuquerque Field Office, announced today that Uchenna Christian Nlemchi made his initial appearance in federal court in Albuquerque, New Mexico on June 7 after being extradited from Hungary on an indictment charging him with conspiracy, 13 counts of wire fraud, 12 counts of money laundering, aggravated identify theft, and conspiracy to commit money laundering. Nlemchi, 31, a Nigerian national, will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Nlemchi on May 24, 2017. According to the indictment, Nlemchi and his co-conspirators registered with online dating websites to initiate romantic relationships with victims for the purpose of tricking those individuals into transferring money to them by way of false and fraudulent pretenses, representations and promises. Simultaneously, the co-conspirators used phishing emails and malware to collect other victims’ email account names and passwords. They used this information to spy on email correspondence to identify upcoming financial transactions in order to divert and steal said funds and transfer them to bank accounts controlled by Nlemchi.

Nlemchi was arrested on these charges in June of 2017 and released on conditions pending trial. In Oct. of 2017, Nlemchi violated the conditions of his release, and an arrest warrant was issued. At that time, Nlemchi fled the country and was believed to have returned to his native Nigeria. The FBI pursued Nlemchi for five years before locating him in Hungary. Nlemchi was extradited to the United States and arrested on June 6, 2023. Nlemchi will remain in custody pending trial, which has not been scheduled.

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

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ALBUQUERQUE, 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 Uchenna Christian Nlemchi made his initial appearance in federal court in Albuquerque, New Mexico on June 7 after being extradited from Hungary on an indictment charging him with conspiracy, 13 counts of wire fraud, 12 counts of money laundering, aggravated identify theft, and conspiracy to commit money laundering. Nlemchi, 31, a Nigerian national, will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Nlemchi on May 24, 2017. According to the indictment, Nlemchi and his co-conspirators registered with online dating websites to initiate romantic relationships with victims for the purpose of tricking those individuals into transferring money to them by way of false and fraudulent pretenses, representations and promises. Simultaneously, the co-conspirators used phishing emails and malware to collect other victims’ email account names and passwords. They used this information to spy on email correspondence to identify upcoming financial transactions in order to divert and steal said funds and transfer them to bank accounts controlled by Nlemchi.

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

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

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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 Tony was sentenced to 17 years and 6 months in prison. A federal jury convicted Tony, 51, of Gallup, and an enrolled member of the Navajo Nation, of voluntary manslaughter on March 10, 2022.

According to court records, on May 8, 2016, Tony, accompanied by his brother and his girlfriend, drove to a residence in Gallup and picked up the victim and the victim’s friend.  While at the residence, Tony retrieved a hammer and placed it in his vehicle. Tony drove them to a location called “Superman Canyon,” where Tony and the victim got out of the vehicle and the victim was killed out of sight of the other passengers. An autopsy revealed that the victim had been stabbed repeatedly in the head and neck and had blunt-force trauma wounds on his head. 

This case was investigated by the Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Nation Division of Public Safety. Assistant United States Attorneys Joseph M. Spindle and Nicholas J. Marshall 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 Christian Quintana, 34, of Dulce, pled guilty to abusive sexual contact and aggravated sexual abuse in Indian country.

A federal grand jury indicted Quintana on Oct. 26, 2021. According to the plea agreement and other court records, between Oct. 2012, and Oct. 2013, Quintana engaged in sexual contact with a child, identified as Jane Doe 1, who at the time was less than 12 years old.

Between Oct. 2019, and Oct. 2020, Quintana engaged in a sexual act with a second victim, a minor identified as Jane Doe 2, by force, and threatened to kill “everyone” and himself if she told anyone. Based on her knowledge of Quintana’s history of violence, Jane Doe 2 complied.

Both victims are enrolled members of the Jicarilla Apache Tribe.

Quintana will remain in custody pending sentencing, which has not been scheduled. At sentencing, Quintana faces between 15 and 25 years in prison.

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

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ALBUQUERQUE – 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 Raydell Billy was sentenced to 90 months in prison for assault with a dangerous weapon in Indian Country and 30 months for violating prior terms of supervised release, with the sentences to run consecutively for a total of 120 months in prison. Billy, 32, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, was found guilty of the charge on March 8, 2023, by a federal jury sitting in Albuquerque, New Mexico following a one and a half-day trial. United States District Judge Kea W. Riggs presided.

During the trial, the jury heard evidence that victim John Doe was at his girlfriend’s home with her young child in Shiprock, New Mexico on the evening of April 11, 2022, when Defendant Raydell Billy and two others burst into their home and attacked him. The home is located within the exterior boundaries of the Navajo Nation.  

John Doe’s girlfriend testified that on that evening, Raynorma Billy knocked on the door, and the girlfriend opened the door to let Raynorma in. Immediately after, Raynorma Billy, Raydell Billy, and Alvin White barged their way through, rushed down the hallway of the home, and found John Doe lying down in the bedroom, where they immediately attacked him. His girlfriend further testified that she had been in the hallway struggling with Raynorma Billy when she heard a gunshot and ran into the bedroom to see a gun in Raydell Billy’s hands. White, who participated in the attack, testified that he and Raydell Billy attacked John Doe with the intent to commit bodily harm. He testified that they both hit John Doe and that he also heard the gunshot, which came from over his shoulder, and that Raydell Billy was the only person in the room and was the shooter. Finally, a Navajo Nation criminal investigator testified about finding a bullet hole in the bedroom’s mattress and box spring, and that he collected a bullet fragment as evidence from underneath the bed. The bullet hole’s point of impact was right in front of where John Doe had been standing when the shot was fired. The criminal investigator further testified that John Doe’s car, which was parked outside the home, suffered damage from multiple gunshots and that its windows had been smashed in.

 John Doe, who said he tries to forget about that day, testified about the attack and his fear that he would be shot. He said he was attacked in the bedroom by all three defendants and that it was Raydell Billy who held him at gunpoint with a handgun. John Doe further testified that Raydell Billy fired the gun in his direction. At one point, Raydell Billy began hitting him in the back of the head with the gun.

Raydell Billy, Raynorma Billy, and Alvin White were indicted on May 25, 2022, for the assault. White pleaded guilty and entered into an agreement with the government on February 1, 2023, admitting that he and Raydell Billy assaulted John Doe with a handgun and their fists and that Raydell Billy fired a round from the handgun into the bed. He also agreed to cooperate and provided testimony in the now-concluded trial. A superseding indictment was filed against Raydell Billy and Raynorma Billy on February 22, 2023. Raynorma Billy pleaded guilty on February 28, 2023, to being a conspirator, admitting that she, Raydell Billy, and Alvin White discussed and agreed to assault John Doe.

This case was investigated by the Farmington office of the Federal Bureau Investigation and by Navajo Nation Office of Criminal Investigations.  It was prosecuted by Assistant U.S. Attorneys Alexander F. Flores and Matthew J. McGinley.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Ryan Jacob Garcia was arraigned on an indictment charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. Garcia, 28, of Isleta and an enrolled member of the Isleta Pueblo, will remain on conditions of release pending trial, which has not been scheduled.

A federal grand jury indicted Garcia on May 24, 2023. According to the indictment and other court records, on December 23, 2022, Isleta Police Department officers responded to an alert of a drunk driver entering the Isleta Pueblo reservation. Officers located that car at a residence within the exterior boundaries of the Isleta Pueblo. Family members had already detained the driver, identified as Garcia, who was intoxicated, belligerent, and physically aggressive. Officers detained Garcia and began to move him towards a police truck, at which point Garcia bit an Isleta Police Department officer on the shoulder, through the officer’s long-sleeved shirt. The officer worked through the pain to detain Garcia but had to seek medical intervention for his injury immediately afterwards.

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

The Isleta Police Department investigated this case. Assistant United States Attorney Zachary C. Jones is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Jose Louise Trujillo was arraigned on an indictment charging him with:  conspiracy, four counts of interference with federally protected activities, four counts of using and carrying a firearm during and in relation to a crime of violence, possession with intent to distribute 40 grams and more of fentanyl, and using and carrying a firearm during and in relation to a drug trafficking crime. Trujillo, 22, will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Trujillo on May 24 along with Solomon Peña and Demetrio Trujillo. According to the indictment, Peña ran for District 14 of the New Mexico House of Representatives during the November 2022 mid-term elections. Following his electoral defeat in November 2022, Peña allegedly organized the shootings on the homes of two Bernalillo County commissioners and two New Mexico state legislators. The shootings were carried out between Dec. 4, 2022, and Jan. 3, 2023, with assistance from Trujillo.  

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

Solomon Peña, 40, is scheduled for arraignment and a detention hearing on June 9. If convicted, Peña faces up to life in prison.

Demetrio Trujillo, 41, is scheduled for arraignment and a detention hearing on June 13. If convicted, Demetrio faces life in prison.

The FBI Albuquerque Field Office investigated this case with the Albuquerque Police Department and the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Senior Litigation Counsel Victor R. Salgado of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico are prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Marylynn Harry was sentenced to 5 years unsupervised probation and ordered to pay $551,436.00 in restitution to the Social Security Administration (SSA). Harry, 63, of Crownpoint, New Mexico, pleaded guilty on Feb. 8, 2023, to Social Security fraud, a felony offense under federal law. 

According to the plea agreement and other court records, Harry’s father, Alfred Becenti, passed away in October of 1996. At the time of his death, Becenti was receiving Retirement Insurance Benefits payments from SSA. Following her father’s death, Harry made herself the co-owner of the bank account the payments were deposited into and obtained numerous debit cards linked to account. She concealed and did not notify SSA or the bank of her father’s death and continually made use of the deposited funds. Over the course of twenty-five years, Harry fraudulently collected $551,436.00. When agents from SSA Office of the Inspector General confronted her, Harry quickly admitted wrongdoing.

The SSA Office of the Inspector General investigated this case. Assistant United States Attorney Patrick E. Cordova 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 FBI Albuquerque Field Office, announced today that Jameson Begaye was sentenced to 97 months in prison. Begaye, 44, of Shiprock, and an enrolled member of the Navajo Nation, pleaded guilty on August 26, 2022, to voluntary manslaughter. 

According to the plea agreement and court records, on March 7, 2021, in Shiprock, New Mexico, Begaye killed K.B. by shooting him in the chest, abdomen, and pelvis as Begaye was trying to forcefully enter the home of K.B.’s daughter, who was also Begaye’s ex-girlfriend. After shooting and killing K.B., Begaye fled the scene. Officers from the Navajo Nation Police Department were unable to locate Begaye that night but spotted his car outside Shiprock the following day. Begaye again fled from officers. During the ensuing high-speed pursuit, which reached speeds of 112 miles per hour, officers saw Begaye throw an object from the window of his car. Begaye also fired multiple gunshots from the car toward the officers. One round struck an officer’s windshield. Begaye eventually stopped and was arrested. When officers searched the roadway near the area police observed something being thrown from the car, they located the handgun used to kill K.B.

Upon his release from prison, Begaye faces three years of supervised release.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigation. Assistant United States Attorney Zachary C. Jones 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 FBI Albuquerque Field Office, announced today that Vern A. Anderson was sentenced to 24 months in prison. Anderson, 40, of Fruitland, and an enrolled member of the Navajo Nation, pleaded guilty on May 17, 2022, to involuntary manslaughter. 

According to the plea agreement and court records, on Sept. 26, 2021, after hours of drinking together, Anderson got into a physical altercation with his brother, identified as John Doe in court documents, at a residence in Nenahnezad, New Mexico. Anderson stabbed his brother in the back, chest, and head a total of five times. John Doe suffered multiple defensive wounds on his hands and arms in the violent attack and succumbed to his injuries at the scene.

Upon his release from prison, Anderson faces three years of supervised release.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigation. Assistant United States Attorney Alexander F. Flores 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 FBI Albuquerque Field Office,  announced today that Maylene John was arraigned on an indictment charging her with second degree murder. John, 33, of Shiprock, and an enrolled member of the Navajo Nation, will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted John on May 24. According to the indictment and other court records, on Oct. 24, 2022, John allegedly stabbed her 7-year-old daughter in the chest. John claimed not to know what precipitated the stabbing and that she “blacked out” after the incident.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, John faces up to life 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 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 Harley Etcitty made an initial appearance in federal court on an indictment charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. Etcitty, 19, an enrolled member of the Navajo Nation, will remain in custody pending a detention hearing scheduled for June 6, 2023.

According to the indictment, on Oct. 9, 2022, in Shiprock, Etcitty assaulted two victims, identified as John Doe 1 and John Doe 2 in the indictment, with a knife. John Doe 1 was seriously injured and had to be transferred to Flagstaff for a higher level of care. John Doe 2 received multiple lacerations which required sutures.    

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

FBI Farmington Agency 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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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 El Paso, announced today that the indictment against 9 alleged human smugglers was unsealed.

A federal grand jury indicted all 9 defendants on May 18, 2023. According to the indictment and other court records, Jose Luis Avalos, aka “El Gordo,” 40, of El Paso, Texas, allegedly led the human smuggling operation. Avalos and his wife, Kristina Hardin, 41, of El Paso, Texas, were arrested in El Paso on June 1, 2023, and detention hearings are set on June 7, 2023 to determine whether they will remain in custody pending trial, which has not been scheduled. If convicted, Avalos and Hardin each face 20 years in prison.

Avalos’ brother, David Avalos-Solis, 48, of Chaparral, New Mexico, was arrested on May 24, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Avalos-Solis faces 10 years in prison.

Nancy Orellana-Recinos, 37, of Rio Rancho, New Mexico, and a citizen of Guatemala, was arrested in Rio Rancho, New Mexico on June 1, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Orellana-Recinos faces 20 years in prison and will be subject to deportation.

Dario Rey Gamboa, 19, and his twin brother Diego Rean Gamboa, aka “Sunny,” 19, both of Las Cruces, New Mexico, were arrested on May 23, 2023, and June 1, 2023, respectively.  Dario Rey Gamboa was released on conditions, and Diego Rean Gamboa is pending a detention hearing to determine whether he will remain in custody pending trial, which has not been scheduled. If convicted, they each face 10 years in prison.

Cindy Marie Escobar, 42, of Lordsburg, New Mexico, was arrested on May 23, 2023, and is pending a detention hearing to determine whether she will remain in custody pending trial, which has not been scheduled. If convicted, Escobar faces 10 years in prison.

Justin Walker, 31, of Las Cruces, New Mexico was arrested on May 27, 2023, and will remain in custody pending trial, which has not been scheduled.  If convicted, Walker faces 10 years in prison.

A warrant for the arrest of Adam Guerrero, 38 of Las Cruces, New Mexico has been issued.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.

Attorney General Merrick B. Garland established Joint Task Force Alpha to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. JTFA consists of federal prosecutors from border U.S. Attorney’s Offices, from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from HSI and CBP. The FBI and the Drug Enforcement Administration are also part of the task force, along with other interagency partners.

The U.S. Customs and Border Patrol and the U.S. Border Patrol investigated this case. Assistant United States Attorney Randy M. Castellano 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 Jordian Pacheco was arraigned on an indictment charging him with sexual abuse of a minor and receipt of child pornography. Pacheco, 32, of Santo Domingo Pueblo, and an enrolled member of the Pueblo of Santo Domingo, will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Pacheco on May 24. According to the indictment and other court records, on Jan. 10, 2021, officers from the Navajo Police Department (NPD) responded to a call from a woman reporting that a man was hiding in the closet of her minor daughter, identified in court records as Jane Doe. When officers arrived at the residence, they located Pacheco. He provided officers with the name “Scott Nieto” and told them he was 18-years old and his mother had dropped him off at Jane Doe’s home. Pacheco was detained and transported to Window Rock Adult Detention Center.

NPD officers located an unknown vehicle outside Jane Doe’s residence and towed it. When they ran the plates, it came back as belonging to Pacheco. Officers spoke to Pacheco again who confirmed that he had given them false identification. Pacheco told NPD officers that he had met Jane Doe on Tik Tok a year before and that he knew she was a minor. During the interview Pacheco claimed to have lost his phone. Upon his release from Window Rock Adult Detention Center on Jan. 11, 2021, Pacheco gained access to his vehicle to retrieve his cellphone, however NPD intercepted him and seized his phone and 8 other devices located in the vehicle. NPS obtained a search warrant for the devices and extracted information which included sexually explicit conversations with and photos of Jane Doe, as well as other minors. Based on the evidence, the FBI expanded their search for additional minor victims of Pacheco who he contacted through social media between 2014 and 2018.

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

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

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ALBUQUERQUE, 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 Tyrell Willie was ordered detained after he appeared at a preliminary and detention hearing before a U.S. Magistrate Judge on a criminal complaint charging him with assault with a dangerous weapon, assault resulting in serious bodily injury, and the use of a firearm in furtherance of a crime of violence. Willie, 37, is an enrolled member of the Navajo Nation. 

According to the criminal complaint, on May 28, 2023, in Shiprock, Willie allegedly drove to the home of a woman he had met on Facebook approximately two weeks before. When he arrived, the woman, identified as Jane Doe in court documents, came out of the residence and sat in the passenger side of Willie’s truck. After a short discussion, Willie allegedly became upset for an unknown reason, got out of his truck, walked to the passenger side, opened the door, and tried to throw Jane Doe out of the truck. Doe threatened to scream if Willie did not let her go, which he did not, so Doe screamed. Doe’s son, identified as John Doe in court records, came out of the residence, grabbed Willie, and threw him to the ground. Jane Doe got out of the truck and Willie got back up, got back into the truck, then drove away, hitting Jane Doe’s and her neighbor’s fence in the process.

Jane Doe believed that she observed Willie circling the block twice before he left. About thirty minutes later, John Doe thought he heard the truck approaching, so he went outside. While he was outside, Jane Doe saw Willie’s truck pull up slowly with the lights off. Jane Doe heard gunshots and John Doe yelled. When Jane Doe walked outside, John Doe was holding his midsection. Almost immediately, Jane Doe was able to flag down two marked police officers from the Navajo Police Department and told them what had happened. The officers had been responding to multiple calls reporting a truck driving erratically and causing property damage in the area, had heard the gunshots and had seen Willie’s truck drive by them. One officer pursued Willie while the second transported John Doe to the hospital.

The pursuing officers located Willie’s truck stalled on the road and initiated a high-risk stop. Willie stepped out of the truck holding a shotgun. After being given commands to drop the gun, Willie slid the shotgun under the truck.  The shotgun was loaded with four shells. 

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Willie faces a minimum of ten years in prison.

FBI Farmington Agency 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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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Kenneth A. Polite, Jr., Assistant Attorney General of the Justice Department’s Criminal Division, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that an indictment was unsealed today charging Solomon Peña and his accomplices, Demetrio Trujillo and Jose Trujillo, for a shooting spree targeting the homes of four elected officials. A federal grand jury indicted all three defendants on May 24, 2023.

Solomon Peña, 40, is charged with conspiracy, four counts of interference with federally protected activities, and four counts of using and carrying a firearm during and in relation to a crime of violence. If convicted, Peña faces up to life in prison. Peña is currently in state custody on related charges.

Jose Trujillo, 22, is charged with conspiracy, four counts of interference with federally protected activities, and four counts of using and carrying a firearm during and in relation to a crime of violence, possession with intent to distribute 40 grams and more of fentanyl and using and carrying a firearm during and in relation to a drug trafficking crime. An arraignment hearing is scheduled for June 8. If convicted, Jose faces up to life in prison.

Demetrio Trujillo, 41, is charged with conspiracy, four counts of interference with federally protected activities, and four counts of using and carrying a firearm during and in relation to a crime of violence. An initial appearance has been scheduled for June 1. If convicted, Demetrio faces up to life in prison.

According to the indictment, Peña ran for District 14 of the New Mexico House of Representatives during the November 2022 mid-term elections. Following his electoral defeat in November 2022, Peña allegedly organized the shootings on the homes of two Bernalillo County commissioners and two New Mexico state legislators. The shootings were carried out between Dec. 4, 2022, and Jan. 3, with assistance from his co-defendants. 

“In America, the integrity of our voting system is sacrosanct,” said U.S. Attorney Alexander M.M. Uballez. “These charges strike at the heart of our democracy. Voters, candidates and election officials must be free to exercise their rights and do their jobs safely and free from fear, intimidation or influence, and with confidence that law enforcement and prosecuting offices will lead the charge when someone tries to silence the will of the people. To those who try to sow division, chaos, and fear into our democratic process, these charges should send a message that we are unified, organized, and undaunted.”

“There is no room in our democracy for politically motivated violence, especially when it is used to undermine election results,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “As alleged, Solomon Peña orchestrated four shootings at the homes of elected officials, in part because of their refusal to overturn his election defeat. Such violent actions target not only the homes and families of elected officials, but also our election system as a whole. The department will not hesitate to hold individuals accountable for acts of politically motivated violence.”

 "Solomon Pena and the other defendants carried out the hatred in their hearts by targeting a group of the community’s public officials.” said Raul Bujanda, FBI Special Agent in Charge. “These charges illustrate that the FBI will relentlessly work with our law enforcement partners to actively investigate and pursue prosecution of those individuals who threaten and harm our elected officials.”

“APD worked tirelessly with our federal partners to bring those responsible for these heinous crimes to justice,” said Chief Harold Medina. “Thankfully no one was physically harmed by these politically motivated shootings, but I hope these indictments bring some sense of relief to all those impacted, through the emotional toll they’ve had to endure.”

“ATF is dedicated to combatting the senseless firearm violence that plagues our nation,” said Brendan Iber, Special Agent in Charge of ATF’s Phoenix Field Division. “We will always work with our law enforcement partners to identify and remove those violent offenders from our communities.”

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.

The FBI Albuquerque Field Office investigated this case with the Albuquerque Police Department and the assistant of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Senior Litigation Counsel Victor R. Salgado of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico are prosecuting the case.

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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 Nathaniel Begay made an initial appearance in federal court on an indictment charging him with assault with a dangerous weapon and using a firearm during and in relation to a crime of violence. Begay, 29, an enrolled member of the Navajo Nation, will remain in custody pending a detention hearing scheduled for June 1.

According to the indictment, on April 28, 2022, using two handguns, Begay shot multiple rounds at three adult individuals and five juveniles with the intent to cause bodily harm.

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

FBI Farmington Agency investigated this case with assistance from the Navajo Police Department and Farmington Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.

An indictment was unsealed today in the District of New Mexico charging a former candidate for the New Mexico House of Representatives for a shooting spree targeting the homes of four elected officials.

According to court documents, Solomon Peña, 40, ran for District 14 of the New Mexico House of Representatives during the November 2022 mid-term elections. After his November 2022 electoral defeat, Peña allegedly organized the shootings on the homes of two Bernalillo County commissioners and two New Mexico state legislators. The shootings, one of which involved a machine gun, were carried out between Dec. 4, 2022, and Jan. 3, with assistance from co-conspirators Demetrio Trujillo, 41; Jose Trujillo, 22; and others. 

Before the shootings, Peña visited the homes of at least three Bernalillo County commissioners and allegedly urged them not to certify the election results, claiming that the election had been “rigged” against him. Following the Bernalillo County board of commissioners’ certification of the vote, Peña allegedly hired others to conduct the shootings and carried out at least one of the shootings himself. At least three of the shootings occurred while children and other relatives of the victims were at home.   

“There is no room in our democracy for politically motivated violence, especially when it is used to undermine election results,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “As alleged, Solomon Peña orchestrated four shootings at the homes of elected officials, in part because of their refusal to overturn his election defeat. Such violent actions target not only the homes and families of elected officials, but also our election system as a whole. The department will not hesitate to hold individuals accountable for acts of politically motivated violence.”

“In America, the integrity of our voting system is sacrosanct,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “These charges strike at the heart of our democracy. Voters, candidates, and election officials must be free to exercise their rights and do their jobs safely and free from fear, intimidation, or influence, and with confidence that law enforcement and prosecuting offices will lead the charge when someone tries to silence the will of the people. To those who try to sow division, chaos, and fear into our democratic process, these charges should send a message that we are unified, organized, and undaunted.”   

“The FBI and our partners are committed to ensuring violent crime investigations remain a priority,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “We will continue to pursue justice in cases like these in the name of safety for the American people.”

Peña, Demetrio Trujillo, and Jose Trujillo are charged with conspiracy, interference with federally protected activities, and several firearms offenses, including the use of a machine gun. If convicted, Peña faces a mandatory minimum of 60 years in prison. Jose Trujillo was also charged with possession with intent to distribute fentanyl and firearms offenses, including possession of a machine gun.

The FBI and the Albuquerque Police Department investigated the case.

Senior Litigation Counsel Victor R. Salgado of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico are prosecuting the case.

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

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Lionel Vallo was sentenced to 37 months in prison. Vallo, 39, of Albuquerque, pleaded guilty on Nov. 14, 2022 to being a felon in possession of firearms and ammunition and failure to update his sex offender registration.

According to the plea agreement and other court records, Vallo, who previously was convicted of aggravated sexual abuse in Indian Country in 2003, failed to update his sex offender registration after moving to a new address in Albuquerque. Vallo also failed to update his quarterly registration on July 1, 2020.

On July 26, 2022, in Albuquerque, members of the U.S. Marshals Service (USMS) Southwest Investigative Fugitive Team (SWIFT) Task Force initiated a traffic stop on Vallo, who was subject to an arrest warrant for absconding from supervised release. Vallo did not stop immediately, and once stopped, initially was non-compliant with commands to exit the vehicle. After Vallo eventually exited the vehicle and was taken into custody, SWIFT members located loaded firearms in the vehicle.

Upon his release from prison, Vallo will be subject to 10 years of supervised release.

Homeland Security Investigations (HSI) and the U.S. Marshals Service investigated this case. Assistant United States Attorneys Nicholas Marshall and Matthew McGinley 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 Brandon Yazzie pleaded guilty to two counts of abusive sexual contact. Yazzie, 28, of Standing Rock, New Mexico, and an enrolled member of the Navajo Nation, was remanded into custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court records, between December 1, 2020, and January 31, 2021, Yazzie sexually abused the victim, identified in court records as Jane Doe, who was less than 12 years old. Specifically, Yazzie engaged in and caused sexual contact with the victim—by touching her genitalia and breasts directly and through the clothing—and afterward, told her “this never happened” with the intent that his acts would remain secret. Yazzie committed the crimes at his father’s residence in Standing Rock on the Navajo Nation.

Yazzie faces any term of years up to life in prison followed by 5 years of supervised release.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Avondale (Arizona) Police Department, Navajo Police Department and Department of Criminal Investigations. 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 that Keon Apachito was charged with murder in the second degree. Apachito, 21, of To'Hajiilee, and an enrolled member of the Navajo Nation, appeared in federal court for a detention hearing and was released to a halfway house pending trial, which has not been scheduled.

According to an indictment, on May 28, 2022, along with two others, Apachito and co-defendant Cole Ray Shorty allegedly beat the victim in retaliation for stealing an item from Shorty. The victim died from their injuries at the University of New Mexico Hospital on May 30, 2022. The incident occurred within the exterior boundaries of the Navajo Nation.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Apachito faces up to 17 years in prison.

Cole Ray Shorty, 19, was arraigned on Sept. 13, 2022, and will remain in custody pending trial. If convicted, Shorty faces up to 17 years in prison.

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

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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 (ATF), announced today that Jesus Barron was sentenced to 115 months in prison. Barron, 35, of Deming, pleaded guilty on Sept. 29, 2022, to one count of conspiracy, six counts of making a false statement in the acquisition of a firearm, and one count of smuggling goods from the United States.  Upon his release from prison, Barron will be subject to deportation.

According to the plea agreement and other court records, from January of 2021 to June of 2021, Barron paid his wife, Ana Barron, and their co-defendants, Victor Fierro-Caro, Mayra Madrid, Jose Orona, and Gloria Ramirez, to purchase firearms with the intention of smuggling them into Mexico from the United States. On June 7, 2021, seven of those firearms were seized from a Mexican national by Guardia Nacional (GN) officers operating a checkpoint in Fresnillo, Zacatecas, Mexico. Based on their knowledge, the GN officers believed that the firearms were destined for Cartel de Jalisco Nueva Generacion members in Zacatecas. Mexican Cartels prefer certain makes, models, and calibers of firearms. These "weapons of choice" are generally semi-automatic versions of military type rifles and pistols, which was consistent with the guns seized by GN officers.

During the subsequent investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), it was determined that the seven firearms seized by GN officers had been purchased by Ana Barron and two others. ATF special agents interviewed the two other individuals who advised the agents that they and several others had been paid by Barron to purchase the guns from a Federal Firearms Licensee and that they knew the firearms would be smuggled to Mexico. During an interview with special agents from the ATF, Barron admitted to overseeing a firearm trafficking network in the United States.

Ana Baron pleaded guilty on March 21, 2022, to one count of conspiracy, three counts of making false statements in acquisition of firearms, and two counts of unlawful disposal of firearms to a prohibited person and was sentenced on Sept. 21, 2022.

Mayra Madrid pleaded guilty on Feb. 7, 2022, to one count each of conspiracy and making false statements in acquisition of firearms and was sentenced on May 23, 2022.

Gloria Ramirez pleaded guilty on April 26, 2022, to one count of conspiracy and two counts of making false statements in acquisition of firearms and was sentenced on Sept. 26, 2022.

Victor Fierro-Caro pleaded guilty on May 11, 2022, to one count of conspiracy, three counts of making false statements in acquisition of firearms, and three counts of unlawful dealing in firearms and was sentenced on April 5, 2023.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant United States Attorneys Ry Ellison and Maria Y. Armijo 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 FBI Albuquerque Field Office, announced today that a federal grand jury in the District of New Mexico returned an indictment charging Rodney Waikaniwa with multiple counts of aggravated sexual abuse against two victims in Indian Country. Waikaniwa, 51, and an enrolled member of the Zuni Pueblo, will remain in custody pending trial, which has not been scheduled.

According to the indictment, from 2000 to 2013, Waikaniwa allegedly engaged in sexual acts with two children under the age of 12. If convicted, the charges carry a mandatory minimum penalty of 30 years in prison and a maximum of life imprisonment. The incidents of abuse occurred within the exterior boundaries of the Pueblo of Zuni.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty in a court of law.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Special Assistant United States Attorney Mark A. Probasco is prosecuting the case.

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

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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 Bryant Koch was sentenced to 84 months in prison. Koch, 34, of Albuquerque, pleaded guilty on Feb. 1, 2023, to one count of armed robbery and one count of attempted armed robbery.  Upon his release from prison, Koch will be subject to 3 years of supervised release.

According to the plea agreement and other court records, on April 7, 2020, at 5:00 pm, Koch entered the Oasis Convenience Store on Carlisle Blvd. NE in Albuquerque and while brandishing a firearm, approached the clerk and demanded that the clerk give him money.  The clerk pulled his own firearm in self-defense and Koch fled the store.  Approximately one hour and 40 minutes later, Koch entered the Casa Taco Restaurant on Academy Rd. NE in Albuquerque and repeated his previous behavior, approaching the clerk while armed with a firearm and demanding that the clerk give him money.  The clerk gave Koch $331.63 and Koch fled the scene. 

After an investigation, it was determined that Koch was the main suspect, and he was later arrested.

The FBI Albuquerque Field Office investigated this case with the Albuquerque Police Department. Assistant United States Attorney Thomas J. Aliberti prosecuted 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 (ATF), announced today that Freddie Granger was sentenced to 25 years in prison. Granger, 42, of Albuquerque, pleaded guilty on March 20, 2023, to one count of being a felon in possession of firearm and ammunition, one count of carjacking, and one count of brandishing a firearm in furtherance of a crime of violence.

According to the plea agreement and other court records, on June 9, 2022, Granger sold two firearms to an undercover agent with the ATF, one of which was an AR-style rifle, along with high-capacity magazines. Granger indicated to the undercover agent that he had been unlawfully selling firearms for a “long time” and he would be open to doing “package deals” in the future. At the time, Granger had been convicted of seven felonies including involuntary manslaughter, kidnapping, and aggravated assault with a deadly weapon.  In his plea, Granger admitted that he knew that as a previously convicted felon he could not legally possess firearms or ammunition.

Days later, on June 13, 2022, an officer with the Carlsbad Police Department pulled Granger over because the car he was driving was missing a license plate and was swerving. Granger gave the officer false identification information before fleeing. Granger crashed his car near a marijuana dispensary, where he encountered John Doe as Doe was exiting his vehicle. Granger pointed a firearm at him, demanded his keys and took his vehicle after Doe safely removed a 7-year-old minor from the backseat.

When Granger was apprehended on July 8, 2023, he was still in possession of Doe’s car, which he had spray painted a different color.

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

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Arthur Quintana was sentenced to 86 months in prison. Quintana, 45, of Albuquerque, pleaded guilty on Feb. 7, 2023, to being a felon in possession of firearm and ammunition.

According to the plea agreement and other court records, on June 6, 2021, a property owner discovered Quintana and others in a trailer in Bernalillo County, New Mexico. As the property owner called 911 to report the incident, Quintana fled in a Ford Explorer. Bernalillo County Sheriff Deputies responding to the call and conducted a traffic stop as Quintana was leaving the area. Quintana told the deputies that he had two firearms and consented to a search of the vehicle. The deputies found two loaded handguns under the front passenger seat. In his plea, Quintana admitted that he knew that as a previously convicted felon and that he could not legally possess firearms or ammunition.

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

The Bernalillo County Sheriff’s Office investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Alexander F. Flores 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 FBI Albuquerque Field Office, announced that Sheldon Carlton Daye was charged with involuntary manslaughter. Daye, 29, of Vanderwagen, and an enrolled member of the Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.

According to the indictment, on Oct. 2, 2022, Daye allegedly hit and killed two people who were stopped on the shoulder of Highway 602, repairing a flat tire, near Bread Springs, NM. Daye was allegedly driving while under the influence at the time. The incident occurred within the exterior boundaries of the Navajo Nation.

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

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and the New Mexico State Police. 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 Albert A. Childress, Special Agent in Charge, Internal Revenue Service – Criminal Investigation, announced today that Arturo Archuleta pleaded guilty to five counts of tax evasion. Archuleta, 50, of Albuquerque, will remain on conditions of release pending sentencing, which has not been scheduled.

According to the plea agreement, from 2014 to 2018, Archuleta worked as an office manager at ABQ Injury Clinic, a chiropractic medicine practice in Albuquerque. During that time, Archuleta derived approximately $200,000 from his role at ABQ Injury Clinic. In the same period, Archuleta also took checks made out to ABQ Injury Clinic and diverted them to a separate bank account he controlled. Archuleta did not report any of his income to the IRS between 2014 and April of 2019 and took affirmative acts to avoid creating records of the income.   

The tax evasion offenses carry a statutory maximum sentence of five years of imprisonment but, according to the terms of his plea agreement, Archuleta faces up to two years of imprisonment at sentencing.

IRS Criminal Investigation investigated this case with assistance from the Federal Bureau of Investigation. Assistant United States Attorney Taylor F. Hartstein 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 (ATF), announced that Marquez Martinez was charged with dealing in firearms without a license and illegal possession of a machine gun. Martinez, 25, of Albuquerque, appeared in federal court for a detention hearing and will remain at the La Pasada Halfway House under numerous conditions of release pending trial, which has not been scheduled.

According to the criminal complaint, on Jan. 9, 2023, the ATF identified an Instagram account associated with Martinez advertising the sale of firearms including firearms modified with a machine gun conversion device commonly referred to as a “switch.”  A machine gun conversion device is a small device that can be mounted to the back of a handgun.  Once mounted, the device allows the handgun to operate as a fully automatic weapon.

On Jan. 10, 2023, a student at West Mesa High School was found with two firearms in their possession. One of the firearms was purchased by Marquez on Nov. 10, 2022, 61 days prior and modified with a machine gun conversion device. On Feb. 1, 2023, an undercover detective with the Albuquerque Police Department (APD) contacted Martinez through Instagram and set up numerous controlled purchases of contraband.  Specifically, the undercover detective purchased LSD, several handguns, an AK-47, several machine gun conversion devices, and fentanyl. One of the handguns was found to have been purchased by Martinez 39 days prior to the controlled purchase.

On March 2, 2023, a Texas State Ranger conducted a traffic stop in El Paso, TX, on a vehicle that contained an individual wanted for homicide in Albuquerque. During a search of the vehicle a firearm was recovered. The firearm had been purchased by Martinez on June 26, 2022.

On March 8, 2023, the APD Gun Violence Suppression Unit (GVSU) conducted a vehicle stop in Albuquerque. During the vehicle stop, a firearm was recovered and seized. This firearm had been purchased by Martinez on Jan. 7, 2023, 62 days prior to it being recovered by law enforcement.

During the five-month period of monitoring Martinez’s firearm purchases, the ATF estimates that he was responsible for buying at least thirty-five firearms.

On May 11, 2023, the ATF and other federal law enforcement agencies executed a warrant on the current known residence of Martinez. Inside the home, agents located approximately thirteen firearms, hundreds of rounds of ammunition, and numerous ammunition magazines. Martinez was interviewed by an agent from the ATF and admitted purchasing “hundreds” of firearms since turning 21, to include approximately fifty purchases in the past six months.

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

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Patrick E. Cordova 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 (ATF), announced that Marquez Martinez was charged with dealing in firearms without a license and illegal possession of a machine gun. Martinez, 25, of Albuquerque, appeared in federal court for a detention hearing and will remain at the La Pasada Halfway House under numerous conditions of release pending trial, which has not been scheduled.

According to the criminal complaint, on Jan. 9, 2023, the ATF identified an Instagram account associated with Martinez advertising the sale of firearms including firearms modified with a machine gun conversion device commonly referred to as a “switch.”  A machine gun conversion device is a small device that can be mounted to the back of a handgun.  Once mounted, the device allows the handgun to operate as a fully automatic weapon.

On Jan. 10, 2023, a student at West Mesa High School was found with two firearms in their possession. One of the firearms was purchased by Marquez on Nov. 10, 2022, 61 days prior and modified with a machine gun conversion device. On Feb. 1, 2023, an undercover detective with the Albuquerque Police Department (APD) contacted Martinez through Instagram and set up numerous controlled purchases of contraband.  Specifically, the undercover detective purchased LSD, several handguns, an AK-47, several machine gun conversion devices, and fentanyl. One of the handguns was found to have been purchased by Martinez 39 days prior to the controlled purchase.

On March 2, 2023, a Texas State Ranger conducted a traffic stop in El Paso, TX, on a vehicle that contained an individual wanted for homicide in Albuquerque. During a search of the vehicle a firearm was recovered. The firearm had been purchased by Martinez on June 26, 2022.

On March 8, 2023, the APD Gun Violence Suppression Unit (GVSU) conducted a vehicle stop in Albuquerque. During the vehicle stop, a firearm was recovered and seized. This firearm had been purchased by Martinez on Jan. 7, 2023, 62 days prior to it being recovered by law enforcement.

During the five-month period of monitoring Martinez’s firearm purchases, the ATF estimates that he was responsible for buying at least thirty-five firearms.

On May 11, 2023, the ATF and other federal law enforcement agencies executed a warrant on the current known residence of Martinez. Inside the home, agents located approximately thirteen firearms, hundreds of rounds of ammunition, and numerous ammunition magazines. Martinez was interviewed by an agent from the ATF and admitted purchasing “hundreds” of firearms since turning 21, to include approximately fifty purchases in the past six months.

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

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Patrick E. Cordova 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 Cody Allen Charlie was charged with three counts of murder in the second degree. Charlie, 36, of Laguna, and an enrolled member of the Pueblo of Acoma, appeared in federal court today for a detention hearing and will remain in custody pending trial, which has not been scheduled.

According to an indictment, on Aug. 7, 2022, Charlie was allegedly driving on I-40 near mile marker 130 when he hit another car from behind, pushing it off the interstate, onto the shoulder, and causing it to roll over. All three occupants of the car were killed in the accident. After the crash, Charlie allegedly fled the scene on foot. The crash occurred within the exterior boundaries of the Laguna Indian Reservation.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Charlie faces up to 33 years in prison.

The Bureau of Indian Affairs investigated this case with assistance from the Laguna Police Department and New Mexico State Police. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.

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FOR IMMEDIATE RELEASE

May 8, 2023

 

Ohkay Owingeh man pleads guilty to assault with a dangerous weapon in Indian Country

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jerry Segura, Jr. 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. Segura, 34, of Ohkay Owingeh, New Mexico, and an enrolled member of the Ohkay Owingeh Pueblo, will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement, Segura, Jr. admitted to brandishing a firearm without justification at Jane Doe, his former girlfriend’s adult daughter, which enabled Segura, Jr. to assault her.  Segura, Jr. admitted to assaulting Jane Doe in Indian Country.

Segura, Jr. faces a minimum of seven years imprisonment at sentencing.

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, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that a federal jury returned guilty verdicts against Jeffrey Steven Clay. The jury convicted Clay, 51, of Anthony, New Mexico, on one count each of kidnapping and transportation for illegal sexual activity. United States District Judge Kenneth J. Gonzales presided over the trial.

A federal grand jury indicted Clay on Nov. 9, 2022. At the time, Clay was employed as the Executive Director of Analytics, Strategy, and Assessment and Public Education Information Management Systems for the El Paso Independent School District (EPISD). Clay previously worked for EPISD in various roles including as a teacher and school principal.  

According to the evidence at trial and other publicly available court records, on Aug. 4, 2021, Clay offered a ride to Jane Doe near Copia Street in El Paso, Texas, ostensibly to take her to a friends’ residence in El Paso. Instead, Clay took Jane Doe to his residence in Anthony, New Mexico. There, Clay attempted to kiss Jane Doe. When she rebuffed him, Clay struck Jane Doe in the face and handcuffed her. Clay then took Jane Doe to a bedroom where he struck her in the face and sexually assaulted her while she was handcuffed, crying, and pleading with Clay to stop. Afterward, Clay drove Jane Doe back to El Paso. Jane Doe escaped when Clay was stopped at a traffic light and sought help at a nearby convenience store.

At trial, another woman testified that Clay repeatedly sexually abused her as well, both when she was a minor and when she was an adult, including while she was seven months pregnant.

“This crime was disturbing and relentless,” said Raul Bujanda, FBI Special Agent in Charge. “The conviction of Jeffrey Steven Clay is a great achievement in keeping our communities safer from those who target and prey on innocent people. The FBI will always work together with our partners and hold these criminals accountable and prevent such violence from happening in our communities.”

“Even in darkness there is light,” said U.S. Attorney Alexander M.M. Uballez. “For those of us who serve in law enforcement, the light is working with these heroic victims and witnesses whose courageous testimony ensures that sexual predators will never ruin another life. I stand in awe of these two brave women who shared their stories so that others would be safe.”

Clay faces up to life in prison. Upon his release from prison, Clay would be subject to registration as a sex offender.

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Doña Ana County Sheriff’s Office, the El Paso Police Department, and the Third Judicial District of New Mexico District Attorney's Office. Assistant United States Attorneys Matilda McCarthy Villalobos and Ry Ellison are prosecuting the case.

The FBI is seeking other potential victims of Clay. Anyone with information is asked to contact the FBI at 1-800-CALL-FBI or report online to tips.fbi.gov.

 

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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 Rodney Waikaniwa made an initial appearance in federal court on a criminal complaint charging him with aggravated sexual abuse in Indian Country. Waikaniwa, 51 years old, and an enrolled member of the Zuni Pueblo, will remain in custody pending a preliminary and detention hearing scheduled for May 9.

According to the complaint, on or about February 10, 2023, the Zuni Police Department learned of allegations of sexual abuse against Waikaniwa. The investigation was referred to the Gallup Resident Agency of the FBI Albuquerque Field Office, which conducted interviews with two victims. Following interviews with the victims, agents interviewed Waikaniwa at his home and he admitted to sexually abusing both victims. The incidents of abuse occurred within the exterior boundaries of the Pueblo of Zuni.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Waikaniwa faces a minimum of 30 years in prison.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Special Assistant United States Attorney Mark A. Probasco is prosecuting the case.

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 pleaded guilty to voluntary manslaughter. Montoya, 38, of  Dulce, will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other 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.

By the terms of the plea agreement, Montoya can be sentenced to up to 15 years in prison followed by up 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 – 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 a federal jury returned a guilty verdict against Johnathon Bindues after less than three hours of deliberation.  The jury convicted Bindues, 31, of Los Lunas, New Mexico, on one count each of coercion and enticement of a minor and production of child pornography. United States District Judge James O. Browning presided.

A federal grand jury indicted Bindues on March 23, 2022. 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 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.

“The exploitation of children requires decisive action. Those who seek to prey on children will stop at nothing to lull their victims into a false sense of trust and security,” said Amy Kaskel, FBI Acting Special Agent in Charge. “Thanks to the close collaboration with our partners at the New Mexico State Police, we were able to put a stop to the defendant’s activities. This man, who was entrusted to mentor young people, was in actuality a predator of vulnerable girls. Today’s conviction is one step closer to ensuring he won't be able to victimize children for years to come.” 

“Our children deserve schools and sports free from sexual predation,” said U.S. Attorney Alexander M.M. Uballez. “I stand in awe of Jane Doe’s bravery, fortitude, and resilience. Her strength in facing her abuser and sharing her story is nothing short of heroic. Parents, teachers, and all members of our community must remain vigilant to protect our children from those who abuse their positions of authority.”

Bindues faces a minimum of 10 years and up to life in prison for coercion and enticement and a minimum of 15 years and up to 30 years in prison for production of child pornography. Upon his release from prison, Bindues would be subject to registration 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.

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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 Brian Wallace pled guilty to voluntary manslaughter. Wallace, 44, of Zuni, New Mexico, and an enrolled member of the Zuni Pueblo, will remain in custody pending sentencing, which has not been scheduled.

In his plea agreement, Wallace admitted that he killed the victim, identified as John Doe, sometime between July 5, 2022, and August 9, 2022, and buried him in a shallow grave in the backyard of a friend’s house. In October of 2022, Wallace informed law enforcement of what had happened and where John Doe’s body was located. The body was recovered and the Office of Medical Investigator determined that John Doe had died from blunt force trauma to his chest.

By the terms of the plea agreement, Wallace faces up to 12 years in prison.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from Zuni 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 Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Malachi Alan Crockett was arraigned on an indictment charging him with three counts of carjacking, one count of attempted carjacking, and using, carrying, and brandishing a firearm during and in relation to a crime of violence. Crockett, 18, of Albuquerque, will remain in custody pending trial.

A federal grand jury indicted Crockett on April 27. According to the indictment and other court records, on March 21, Crockett and accomplices allegedly approached the first victim, identified as Jane Doe 1, while she was stopped in her car, a white Nissan sedan, at the intersection of 86th St SW and Tower Road SW. One of the individuals brandished a handgun and pointed it directly at Doe 1. Doe 1 opened her car door and fled.

A second victim, identified in court documents as Jane Doe 2, was parked on the south side of the Westgate Community Park in a grey Chevrolet SUV, waiting for her children. Doe 2 observed the white Nissan pull in front of her vehicle, blocking her in. Two individuals got out of the car and approached her. Doe 2 observed one of the individuals pointing a handgun at her head. Doe 2 exited the vehicle and fled.

A witness at the park observed the second carjacking as she drove by the incident. The white Nissan then began to follow her and she observed the occupants pointing firearms at her. She accelerated away and heard multiple gunshots before observing the grey Chevrolet approaching her then striking a tree. An individual exited the Chevrolet with a handgun and she attempted to drive away and observed the white Nissan following her and the occupants shooting at her vehicle. The witness lost control of her vehicle and crashed into a residence. The white Nissan stopped behind her and the individuals exited the car with handguns and the witness fled her vehicle on foot.

A short time later, two victims identified as Jane Doe 3 and John Doe, were driving near Carlos Rey Elementary when they observed the white Nissan. A young male exited the vehicle with a handgun and ran towards Jane Doe 3 and John Doe, pointing the handgun at them. As he approached, Jane Doe 3 drove away at a high rate of speed.

A few minutes later, Jane Doe 4 was approaching the intersection of Barbados Ave SW and Gibson Blvd SW in a red Chevrolet hatchback. The white Nissan drove past her and parked in front of her, blocking her vehicle. Doe 4 thought the occupants of the white Nissan may need assistance, so she stopped her car, turned it off and exited the vehicle with her keys. Doe 4 then observed three masked males exit the white Nissan and approach her. All three were armed with handguns and dressed in dark-colored clothing. They yelled at her to give them the keys, at which point Doe 4 threw the keys to the ground. One of the individuals picked up the keys, got into her vehicle and drove away while the other two returned to the white Nissan and drove away.

 Responding APD officers observed the red Chevrolet hatchback and initiated pursuit. The driver crashed the vehicle near the area of Atrisco Dr SW and Bridge Blvd SW. Officers managed to apprehend the fleeing occupants. Crockett was wearing a black hoodie and black pants and in possession of a black mask when he was apprehended. During his attempt to flee, Crockett allegedly disposed of a handgun. Upon observation of the handgun, APD personnel reported the backplate of the handgun appeared to have been modified.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Crockett faces imprisonment of up to 15 years for each carjacking count and a consecutive term of up to life in prison for using, carrying and brandishing a firearm during and in relation to a crime of violence.

The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Thomas J. Aliberti 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 Christopher Adam Jensen-Tanner pleaded guilty to wire fraud and engaging in monetary transactions in property derived from specified unlawful activity. Jensen-Tanner, 44, of Roswell, is not in custody.

In his plea agreement, Jensen-Tanner admitted that from January 2017 through October 2019 while owning and operating Roswell Escrow Services, Inc. (RES) he knowingly and intentionally engaged in a scheme to defraud and obtain money by making fraudulent and false promises with a provable loss amount more than $550,000 and less than $1,500,000.  Specifically, he admitted to making a personal purchase from an RES corporate account and making payment to Living Reflections, LLC, Luxury Rehabilitations in the amount of $53,000.00.  Jensen-Tanner also admitted to purchasing a $19,500.00 cashier’s check payable to Bullock’s Jewelry. 

Jensen-Tanner faces up to 20 years in prison.

If you were a client of Jensen-Tanner and/or RES and believe you are a victim, please contact the FBI tipline at 1-800-CALL-FBI (1-800-225-5324) or login at tips.fbi.gov to notify the Federal Bureau of Investigation. 

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

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ALBUQUERQUE, 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 Anderson Buck pleaded guilty to assault resulting in serious bodily injury. Buck, 40, of Fruitland New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court documents, Nov. 17, 2022, Buck assaulted his girlfriend while they were intoxicated and in Buck’s vehicle. The victim was seriously injured during the assault and was hospitalized in the ICU for several weeks where she was intubated while fighting for her life. The assault took place on the Navajo Nation.

Under the terms of his agreement, Buck can be sentenced to up to 10 years in prison followed by up to 3 years of supervised release.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigations. 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, Jamie DePaepe, Special Agent in Charge of the Department of the Interior (DOI) Office of Inspector General, and Andy Tsui, Special Agent in Charge of IRS Criminal Investigation Denver Field Office, announced that William Ross Badoni and Elroy Harry made initial appearances in federal court on April 27 and April 25 on an indictment charging them with conspiracy to commit federal program fraud. The indictment also charges Badoni with one count of committing theft or bribery concerning programs receiving federal funds and eight counts of laundering of monetary instruments. Badoni, 59, of Shiprock, and Harry, 59, of Aztec, will remain on conditions of release pending trial, which has not been scheduled.

A federal grand jury indicted Badoni and Harry on April 11. According to the indictment, Badoni was the owner and director of Badoni Construction Company, located in San Juan County. During the time relevant to the indictment, Harry was employed by Kinteel Residential Campus, Inc. (KRCI) as a maintenance supervisor. KRCI is a residential facility which offers free or low-cost housing and meal accommodations for students attending school in Aztec. As such, KRCI receives federal funds from the Department of Interior through the Bureau of Indian Education.

From about April of 2018 to June of 2019,  Badoni and Harry allegedly conspired to falsify and submit to KRCI bids in the names of other construction companies in order to make it more likely that Badoni’s bids would be selected for KRCI construction projects. Harry also allegedly provided Badoni with non-public information about construction projects and the bidding process. In return, Badoni allegedly gave, offered, or agreed to give things of value, namely sums of money, to Harry. Once Badoni had won the initial award of construction contracts, Harry and Badoni allegedly worked together to increase compensation for Badoni by submitting fraudulent “change orders” for KRCI’s approval. Further, Badoni and Harry allegedly caused KRCI to issue new construction contracts on an urgent basis under false pretenses in order to justify deviating from standard policies and procedures relating to KRCI’s bidding process.

“This indictment shows IRS-Criminal Investigation’s commitment to ensuring fair and open competition opportunities for companies seeking to work with the federal government,” said Andy Tsui, IRS-CI Special Agent in Charge.  “IRS-CI will continue working with our law enforcement partners to ensure an even playing field for those attempting to obtain federal contracts for their businesses.”

“The Department of the Interior (DOI) Office of Inspector General (OIG) is committed to protecting our Indian Country schools and dormitories, so the students receive the education and opportunities they deserve, and the educators and staff have the resources they need,” said Jamie DePaepe, Special Agent in Charge for the DOI OIG. “We will continue to work with our law enforcement partners to aggressively investigate fraud in DOI programs to ensure those who defraud DOI programs are held accountable.”

“We will ardently protect taxpayer dollars invested in our youth,” said United States Attorney Alexander M.M. Uballez. “Protecting the integrity of contracting processes involving federal funds helps make sure that when we invest in our communities, that investment pays off.”

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Badoni faces up to 20 years in prison and Harry faces up to 5 years in prison.

The Criminal Investigators Division of the U.S. Department of the Interior, Office of Inspector General investigated this case. Assistant United States Attorney Taylor F. Hartstein is prosecuting the case.

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