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 Derek Lorin Blackhorse pleaded guilty to sexual abuse. Blackhorse, 34, 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, on May 28, 2021, Blackhorse engaged in sexual intercourse with the victim, Jane Doe, while she was sleeping in her bed at her home. The assault took place on the Navajo Nation.

Under the terms of his agreement, Blackhorse can be sentenced to between 6 and 8 years in prison and must register as a sex offender upon his release from prison.

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

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ALBUQUERQUE, 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 Courtney Frank was arraigned on an indictment charging her with involuntary manslaughter and assault resulting in serious bodily injury. Frank, 19, of Shiprock, and an enrolled member of Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.

According to the indictment, on Sept. 28, 2022, Frank operated a motor vehicle without due caution and circumspection and with a wanton and reckless disregard for human life when she knew and should have known that her conduct imperiled the lives of others. Frank, who was driving drunk, crashed her car head-on into a car driven by a mother and son, killing the mother and injuring the son.

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

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

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23-93

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 Peter Ryan Lynch was charged with receipt or possession of a destructive device. Lynch, 46, of Rio Rancho, appeared in federal court today for a detention hearing and will remain on conditions of release pending trial, which has not been scheduled.

According to a criminal complaint, on April 20, 2023, agents from Homeland Security Investigations (HSI) executed a warrant authorizing the search of the residence of Lynch for receiving firearms silencers mailed from China. While clearing the residence, HSI agents located four “pipe bombs,” materials for building pipe bombs, a shotgun, corresponding ammunition, a ballistics vest and several inert grenades.

Inert grenades are often sold as collectors’ items with a hole drilled into the end and the internal components removed. At least one of the grenades recovered at the residence appeared ready to load with a propellant. At the time the warrant was executed, agents determined that one of the pipe bombs was functional and capable of detonation. The other three pipe bombs consisted of two smaller PVC pipes with end caps, and one larger metal pipe fitted with end caps and a fuse.

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

Homeland Security Investigations investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and New Mexico State Police. Assistant United States Attorney Jon K. Stanford 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 Peter Ryan Lynch was charged with receipt or possession of a destructive device. Lynch, 46, of Rio Rancho, appeared in federal court for a detention hearing and will remain on conditions of release pending trial, which has not been scheduled.

According to a criminal complaint, on April 20, 2023, agents from Homeland Security Investigations (HSI) executed a warrant authorizing the search of the residence of Lynch for receiving firearms silencers mailed from China. While clearing the residence, HSI agents located four “pipe bombs,” materials for building pipe bombs, a shotgun, corresponding ammunition, a ballistics vest and several inert grenades.

Inert grenades are often sold as collectors’ items with a hole drilled into the end and the internal components removed. At least one of the grenades recovered at the residence appeared ready to load with a propellant. At the time the warrant was executed, agents determined that one of the pipe bombs was functional and capable of detonation. The other three pipe bombs consisted of two smaller PVC pipes with end caps, and one larger metal pipe fitted with end caps and a fuse.

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

Homeland Security Investigations investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and New Mexico State Police. Assistant United States Attorney Jon K. Stanford 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 Nicholas Pinto has pled guilty to assault with a dangerous weapon resulting in serious bodily injury and discharging a firearm during a crime of violence in Indian Country. Pinto, 24, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement, on Sept. 18, 2022, while at the home of the victim, identified as John Doe, Pinto started an argument with another guest at which point Doe asked him to leave. As Pinto left the residence, he told Doe that he would be “coming back.” Pinto returned to Doe’s house later that day with a sawed-off shotgun and knocked on the front door. When Doe answered, Pinto fired the shotgun at Doe with the intent to cause great bodily harm, striking Doe in the right leg. As Doe was laying on the ground, Pinto racked another shell in the shotgun, pointed the gun at Doe, and attempted to fire a second time, but the gun jammed. At that time, Pinto fled the scene and attempted to hide the firearm. John Doe suffered great bodily harm, including a large 12-inch gunshot wound to the right thigh. The incident occurred on the Zuni Pueblo.

Under the terms of the agreement, Pinto faces 10 years in prison followed by up to five years of supervised release.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni 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 Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Betrina Harry Grey was sentenced to 37 months in prison. Grey, 31, of Pinedale, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on Oct. 11, 2022, to one count each of involuntary manslaughter and assault resulting in serious bodily injury. Upon her release from prison, Grey will be subject to 3 years of supervised release.

According to the plea agreement and other court records, on Oct. 14, 2017, Grey was driving while intoxicated when she lost control of her vehicle on State Road 118 near the Fort Wingate Army Depot turnoff on the Navajo Nation. As the vehicle rolled, two passengers, identified as John Doe 1 and John Doe 2, were ejected from the vehicle. John Doe 1 died on the scene, while John Doe 2 suffered a significant brain injury and was airlifted to a hospital for emergency care. Both victims were enrolled members of the Navajo Nation. In her plea agreement, Grey acknowledged that her blood alcohol content, measured after the incident, was .16.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the New Mexico State Police and McKinley County Sheriff’s Office. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Courtney Frank made an initial appearance in federal court on an indictment charging her with involuntary manslaughter and assault resulting in serious bodily injury. Frank, 19, of Shiprock, and an enrolled member of Navajo Nation, will remain in custody pending a preliminary and detention hearing scheduled for April 27.

According to the indictment, on Sept. 28, 2022, Frank operated a motor vehicle without due caution and circumspection and with a wanton and reckless disregard for human life when she knew and should have known that her conduct imperiled the lives of others. Frank, who was driving drunk, crashed her car head-on into a car driven by a mother and son, killing the mother and injuring the son.

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

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the New Mexico State Police. 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 Melvin C. Smith was arraigned on an indictment charging him with assault resulting in serious bodily injury and two counts of assault with a dangerous weapon. Smith, 62, of Sanostee, and an enrolled member of the Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.

A federal grand jury indicted Smith on April 11. According to the indictment, on Oct. 6, 2022, Smith assaulted two victims, identified as John and Jane Doe, with a long wooden stick with the intent to cause bodily harm to both John and Jane Doe, doing so 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, Smith faces up to 10 years in prison.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. 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 Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced that Jeffery Dean Biddle was sentenced to life in prison. Biddle, 42, of Deming, pleaded guilty on Oct. 26 to production and attempted production of child pornography, receipt and attempted receipt of child pornography, and enticement and attempted enticement of a minor.

According to the plea agreement and other court records, in 2021, Biddle, a registered sex offender, started a conversation with a minor victim he met through Facebook. The conversation eventually moved to text messages and Biddle coerced the victim to take pornographic photos to send to him. Biddle specifically requested “naked” pictures and asked for nude photographs approximately 24 times. During these text exchanges, Biddle also sent the victim nude photographs of himself. 

Biddle had entered into a global plea agreement where he also agreed to plead guilty in state court to multiple counts of Criminal Sexual Penetration in the First Degree (Child under 13), and Criminal Sexual Penetration in the Second Degree (Child under 13).  That conduct involved Biddle’s sexual abuse of an 18-month-old child.  On December 5, 2022, Biddle pled guilty in state court and was sentenced to 35 years in prison.  When Biddle was originally arrested on those charges, he admitted to molesting at least eleven children, most of whom were under the age of five.

“This sentence was eminently fitting, given the abhorrent acts committed against innocent and vulnerable children,” said Francisco B. Burrola, Special Agent in Charge for HSI El Paso. “This case demonstrates once again how producing child pornography and abuse can go hand-in-hand. For that reason, child exploitation investigations are a top priority for Homeland Security Investigations, and we will continue to collaborate with our law enforcement partners to hold devious sexual predators accountable for their actions.”

“One child is too many. Eleven is unspeakable. Today, the Court imposed the only sentence which will ensure this serial child molester will never add another name to his terrible list,” said U.S. Attorney Alexander Uballez. “This case highlights what is possible when local, state, and federal agencies team up to relentlessly pursue sexual predators who seek to harm our most vulnerable population.”

Homeland Security Investigations (HSI) investigated this case with assistance from the FBI, the Drug Enforcement Administration’s Las Cruces District Office, New Mexico State Police, the Deming Police Department, Luna County Sheriff’s Office, and the District Attorney’s Office for the Sixth Judicial District as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force.  The ICAC Task Force Program is a nationwide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Albert Childress, Special Agent in Charge, IRS Criminal Investigation, announced today that David Wellington pled guilty to conspiracy to defraud the United States. Wellington, 64, of Albuquerque, will remain on conditions of release pending sentencing, which has not been scheduled.

According to the plea agreement and other court documents, in 2005, Wellington and his business partner, Stacy Underwood, 52, of Albuquerque, established National Business Services, LLC, a business that was involved in the promotion, sale, and creation of Limited Liability Companies under New Mexico state law. Through the LLC, Wellington and Underwood created LLCs in New Mexico for their clients, obtained Employer Identification Number (“EIN”) from the IRS, and opened bank accounts in the names of the LLCs, allowing their clients to remain anonymous. Between 2005 and 2015, Wellington and Underwood organized at least 192 LLCs in New Mexico and opened at least 114 bank accounts.

In 2006, Wellington and Underwood created three LLCs in New Mexico for Jerry Shrock, 48, of Meadowview, Virginia. Underwood was listed as the “Organizer” and National Business Services, LLC as the initial registered agent for all three. In 2011, Underwood opened a bank account for one of the LLCs and provided Shrock with online access to the bank account and a book of pre-signed checks with her signature. Between 2011 and 2015, $4,875,940 was deposited into and withdrawn from the bank account. At the time of the deposits and withdrawals, Shrock had an outstanding IRS assessment for unpaid taxes, penalties, and interest in the amount of about $1 million. Shrock never filed personal or business tax returns with the IRS reporting the income in the LLCs bank account, allowing Shrock to generate and deposit income while evading the outstanding assessment and personal and business taxes on the income.

Under the terms of his agreement, Wellington faces up to 5 years in prison followed by up to 3 years of supervised release.

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

Jerry Shrock pled guilty to conspiracy on Nov. 28, 2022, and remains on conditions of release pending sentencing, which has not been scheduled. Under the terms of his agreement, Shrock faces up to 5 years in prison followed by up to 3 years of supervised release.

The IRS Criminal Investigation Phoenix Field Office investigated this case. Assistant United States 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 announced today that Christopher Adam Jensen-Tanner is set to plead guilty to wire fraud and engaging in monetary transaction in property derived from specified unlawful activity on April 26, 2023 at 2:30 pm. Christopher Adam Jensen-Tanner, 44, of Roswell, is not in custody.

Jensen-Tanner used his position and access as owner and president of Roswell Escrow Services, Inc. (RES) to fraudulently redirect customer funds for his personal benefit. 

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. 

If you are a victim or potential victim and would like to attend the plea hearing on April 26, 2023 at 2:30 pm, please contact Victim Specialist Jacquie Gutierrez at (575) 522-2304 before the date of the hearing for more information.

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 Ryan 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 Richard Mascarenas was sentenced to 9 years in prison. Mascarenas, 38, of Taos Pueblo, and an enrolled member of the Pueblo of Taos, pleaded guilty on Jan. 13 to one count each of kidnapping, assault resulting in serious bodily injury, and assault of an intimate partner by strangling and suffocating. Upon his release from prison, Mascarenas will be subject to 5 years of supervised release.

According to the plea agreement and other court records, over a two-week period from April 17, 2022, to May 4, 2022, Mascarenas assaulted the victim, identified as Jane Doe, and held her against her will at a residence in Taos Pueblo. In his plea, Mascarenas admitted that he would not allow Doe to leave, contact her family, or report the assaults because he did not want anyone to know how severely he had hurt her.  Mascarenas locked Doe within the residence, hid the keys to the vehicles, and kept the gate to the property locked. On May 4, Doe’s brother contacted Taos Police and requested a welfare check, leading police to discover the ongoing kidnapping and assault. As a result of the assault, Doe suffered numerous serious injuries, including a stroke. Despite her injuries, Doe’s prognosis for recovery is good and she is residing with family.

The Santa Fe Resident Agency of the FBI Albuquerque Field Office and the Taos Pueblo Department of Public Safety investigated this case. 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, announced today that Robert Chavarillo was sentenced to 190 days of incarceration. Chavarillo, 43, of San Felipe Pueblo, and an enrolled member of the San Felipe Pueblo, pleaded guilty on Dec. 12, 2022, to abusive sexual contact in Indian Country. Chavarillo will be subject to 5 years of supervised release and must register as a sex offender.

According to the plea agreement, Chavarillo engaged in sexual conduct with the victim, identified as Jane Doe, while she was heavily intoxicated and sleeping. Chavarillo knew that he did not have permission to engage in sexual conduct with Doe at the time. The incidents took place within San Felipe Pueblo.

The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Nicholas J. Marshall and Caitlin Dillon prosecuted the case.

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 Sean Patrick Fosler was sentenced to 25 years in prison. Fosler, 30, of Las Cruces, New Mexico, pleaded guilty on April 28, 2022 to production of child pornography. Upon his release from prison, Fosler will be subject to 5 years of supervised release and must register as a sex offender.

According to the plea agreement and other court records, on Dec. 2, 2021, a confidential source notified HSI that Fosler had live-streamed an incident of sexually explicit conduct with a then eight-year-old child through Snapchat. During the investigation, HSI agents located two Snapchat accounts belonging to Fosler, each containing numerous images of child pornography produced by Fosler with the victim starting as early as when she was six or seven years old. Fosler told the victim to not tell anyone because otherwise he would go to jail.

“HSI special agents remain committed to work tirelessly to protect innocent children victimized by those who engage in such heinous and perverse actions,” said Francisco B. Burrola, Special Agent in Charge for HSI El Paso. “This case was a great example of multiple agencies in our region collaborating to bring justice for a minor victim, and we will stop at nothing to put an end to child victimization.”

"Those who use minors for their own sexual gratification are selfish and cowardly,” said U.S. Attorney Alexander Uballez. “Those who then capture and share those darkest moments of a child-victim’s life infinitely compound the harm. I’m proud to partner with Homeland Security Investigations, New Mexico State Police, and the El Paso Police Department to support healing and closure for the victim and their loved ones.”

Homeland Security Investigations (HSI) investigated this case with assistance from the New Mexico State Police and the El Paso Police Department. Assistant United States Attorneys Marisa A. Ong and R. Eliot Neal are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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ALBUQUERQUE, 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 Sheldon Livingston pleaded guilty to abusive sexual contact of a child under 12 in Indian Country. Livingston, 23, of Pinedale, 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, during December 2020, Livingston engaged in a sexual act with a child who had not attained the age of 12. The assault took place in McKinley County, New Mexico, on the Navajo Nation.

Under the terms of his agreement, Livingston can be sentenced to between 10 and 20 years in prison and must register as a sex offender upon his release from prison.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Zachary C. Jones is prosecuting the case.

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Bret Anthony Vallo was arraigned on an indictment charging him with kidnapping, assault of an intimate partner by strangling, and assault with a dangerous weapon. Vallo, 31, of Laguna, and a member of the Laguna Pueblo Tribal, will remain on conditions of release pending trial, which has not been scheduled.

A federal grand jury indicted Vallo on June 15, 2022. According to the indictment and other court records, on March 21, 2019, kidnapped his intimate partner, identified as Jane Doe, by unlawfully confining her. On May 30, 2019, Vallo assaulted Doe by strangling and suffocating her, then, between July 1 and July 15, 2019, Vallo assault Doe with a dangerous weapon, specifically, a metal bar, with the intent to cause her bodily harm.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Vallo faces 151 months in prison.

The Bureau of Indian Affairs investigated this case with assistance from the Pueblo of Acoma Police Department. Assistant United States Attorney Robert James Booth II 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 Evelyn Bustamante pleaded guilty to involuntary manslaughter. Bustamante, 59, of Sanostee, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending sentencing, which has not been scheduled.

According to the plea agreement and other court documents, on July 1, 2021, Bustamante lost control of the vehicle she was driving, causing it to crash and ejecting both Bustamante and her two children from the vehicle. Neither of the children were seat belted or in car-seats. One of the children died from their injuries. The second suffered a skull fracture and subdural hemorrhaging but recovered. Tests showed that Upshaw’s blood alcohol concentration was .18 at the time of the accident, which is more than twice the legal limit in New Mexico. The crash occurred near Hogback, New Mexico. Bustamante admitted to drinking alcohol that morning. During a routine toxicological examination, doctors determined that she had methamphetamine and amphetamine in her system.

Under the terms of the agreement, Bustamante can be sentenced between 5 and 8 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 Police Department and New Mexico State Police. Assistant United States Attorney Matthew McGinley is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Evelyn Bustamante pleaded guilty to involuntary manslaughter. Bustamante, 59, of Sanostee, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending sentencing, which has not been scheduled.

According to the plea agreement and other court documents, on July 1, 2021, Bustamante lost control of the vehicle she was driving, causing it to crash and ejecting both Bustamante and her two children from the vehicle. Neither of the children were seat belted or in car-seats. One of the children died from their injuries. The second suffered a skull fracture and subdural hemorrhaging but recovered. The crash occurred near Hogback, New Mexico. Bustamante admitted to drinking alcohol that morning. During a routine toxicological examination, doctors determined that she had methamphetamine and amphetamine in her system.

Under the terms of the agreement, Bustamante can be sentenced between 5 and 8 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 Police Department and New Mexico State Police. Assistant United States Attorney Matthew McGinley is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Derrick Cook pleaded guilty to assault with a dangerous weapon and using and carrying a firearm during and in relation to a crime of violence. Cook, 28, of Crownpoint, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody which has not been scheduled.

According to the plea agreement, on Aug. 27, 2022, Cook got in an argument with some individuals outside the Crownpoint Trading convenience store. Later that evening, two individuals confronted Cook at his home. A fight began and Cook intentionally shot two of the individuals, identified as John Doe 1 and John Doe 2. Doe 1 suffered serious injury to his abdomen, requiring a long hospital stay and surgical repair, while Doe 2 was shot in the arm. The incident occurred on the Navajo Nation.

Under the terms of the agreement, Cook can be sentenced to up to 12 years in prison followed by up to 5 years of supervised release.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant United States Attorney 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, Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, and Gregory M. Millard, Special Agent in Charge for the DEA El Paso Division, announced today that Jorge Marquez was sentenced to over 27 years in prison. Marquez, 43, of Chaparral, New Mexico, pleaded guilty on May 17, 2022, to one count of conspiracy to distribute methamphetamine, one count of distributing 5 grams or more of methamphetamine, and six counts of distributing 50 grams and more of methamphetamine. On April 4, 2023, Marquez was sentenced to 327 months in prison. Upon his release from prison, Marquez will be subject to 5 years of supervised release.

The case against Marquez was part of a five-year investigation into a transnational criminal organization known as the Artistas Asesinos, or Doble A Cartel, which dually operates as a drug trafficking organization and the enforcement arm of the Sinaloa Cartel in Ciudad Juarez, Mexico, and Southern New Mexico. Between 2017 and 2021, Marquez personally delivered, attempted to deliver, or directed others to deliver more than three pounds of methamphetamine to undercover law enforcement agents. In so doing, Marquez recruited couriers and distributors in the United States to include his codefendants in the case – Samantha Bailon, Vanessa Bailon, Jasmine Barradas, and Veronica Rivera – and coordinated the logistics of the Artistas Asesinos drug trafficking activity while in and out of custody in Mexico. Marquez was ultimately arrested on February 24, 2021, when he and a passenger presented in a vehicle at the United States Border Patrol checkpoint south of Alamogordo, New Mexico, and was found in possession of 105.1 grams of methamphetamine concealed in the dashboard of the vehicle.

“This is a fine example of how our agents in collaboration with our law enforcement partners work diligently to keep our community safe from dangerous drugs,” said Miguel Dominguez, Chief of Police for the Las Cruces Police Department. “It proves how critical our law enforcement partnerships are, we will continue to work together to hold drug trafficking organizations accountable for their actions.”

"Illegal drug activity brings danger to our communities—it will not be tolerated,” said Raul Bujanda, FBI Special Agent in Charge. “Collaborative law enforcement efforts will continue to identify and disrupt drug trafficking organizations bringing violence to our streets. Investigations like this prove the essential value of strong law enforcement partnerships and working together to meet a common goal.”

“This case demonstrates the lengths the Sinaloa Cartel will go to bring their poison into our communities,” said Greg Millard, Special Agent in Charge of the DEA’s El Paso Division. “But any person or organization affiliating themselves with Sinaloa will discover the men and women of the DEA will also go to great lengths to bring them to justice.”

“The Sinaloa Cartel uses gangs like Artistas Asesinos to push their drugs, collect their debts, and inflict their violence,” said U.S. Attorney Alexander M.M. Uballez. “Local, state, and federal law enforcement, working shoulder-to-shoulder, will proactively target and bring to justice groups who profit off of the addiction, suffering, and misery of others.”

 The investigation of the Artistas Asesinos was led by the Las Cruces/Doña Ana County Metro Narcotics Agency. Metro Narcotics is the leading task force combating drug trafficking in Doña Ana County, New Mexico. Metro Narcotics operates as a joint agency composed of investigators from the Las Cruces Police Department, the Doña Ana County Sheriff's Office, and New Mexico State Police. Metro Narcotics was also supported in the investigation by agents from the Las Cruces Resident Agency of the FBI Albuquerque Field Office and the Drug Enforcement Administration’s Las Cruces District Office. Assistant United States Attorneys Selesia L. Winston and Matthew Ramirez 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 Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced today that Elias Buck was sentenced to the statutory maximum of 10 years in prison. Buck, 24, of Aztec, New Mexico, pleaded guilty on Dec. 8, 2022, to being a felon in possession of a firearm and ammunition.

According to the plea agreement and other court records, on Jan. 7, 2022, police officers in Farmington responded to a report that the male driver of a black Cadillac was possibly driving under the influence. An officer located the vehicle in the drive-thru line of a Starbucks and waited for it to exit. Once it did, the officer initiated their lights and sirens and attempted to stop the Cadillac, but the driver fled at a high rate of speed. Another officer located the Cadillac a short time later in the Carl’s Junior parking lot and learned from witnesses that two individuals fled from the vehicle on foot. A third officer who was nearby decided to check a large dirt lot in the area the witness had indicated that individuals fled. He parked his vehicle and walked towards an opening in the corner of the lot, where he observed two individuals walking towards him. The officer contacted the individuals and recognized Buck from the escape flyer circulated after Buck escaped from a Durango jail the week prior despite his attempt to disguise himself by wearing a wig. The officer asked Buck and the other individual to sit down, at which time Buck pulled a pistol from his pocket, pointed it towards the officer’s face, and pulled the trigger.

The firearm’s muzzle was approximately one foot from the officer’s face when Buck pulled the trigger. The officer raised his arm to shield his face and the bullet passed through his arm. Buck shot him a second time in the elbow. The officer retreated to put some space between him and Buck and heard Buck fire two more rounds at him before fleeing. Since the shooting, the officer has returned work, however he has not regained full range of motion in his arm.

Buck was arrested on Jan. 14, 2022, in Phoenix, Arizona after he was recognized by a security guard at a local convenience store.

During sentencing proceedings, Farmington Police Chief Steve Hebbe addressed the Court, saying “…the long-term impact of this event was significant, and not just [to the] Farmington PD, but to the City of Farmington and to the entire San Juan County. It's a remote county, pretty close-knit. We had not had an officer shot in the line of duty in over 30 years, and that means every officer on my agency had never lived through an officer-involved shooting, had never experienced it. It was -- It was a shocking event for our agency.”

Chief Hebbe continued by addressing Judge Kea W. Riggs directly, saying “. . . today is singular for you in that you have a chance to say, as a federal judge, the pinnacle of the criminal justice system, to say in no uncertain terms that assaults on our criminal justice system, assaults on our police officers is absolutely not tolerable; that whatever the vitriol, whatever the second-guessing, whatever the climate has been over the last few years, that does not excuse, it does not belittle, it does not minimize the impact of a crime like this.”

At the time of sentencing, United States District Court Judge Kea W. Riggs addressed Buck, saying “You do not have the right to change anyone else's life or alter -- you altered this man's life for the rest of his life. You altered his family's life. It is a ripple effect. It's a ripple effect through his family, on the Department, and through that community . . . I'm thankful that our officer is alive and able to continue to work, but you're lucky that you're alive and here, and you need to think about that.”

“We owe a special debt of gratitude to those who put their lives on the line to keep our communities safe,” said U.S. Attorney Alexander M.M. Uballez. “Just as federal, state, and local law enforcement officers walk our streets daily to protect us from harm, we will relentlessly seek justice when harm comes to them.”

“There is no place in our society for those who use firearms for violent, criminal purposes,” said Brendan Iber, Special Agent in Charge of ATF’s Phoenix Field Division.  “ATF will continue to work with our law enforcement partners at the federal, state, and local levels to bring those individuals to justice.”

At the time of the offense, Buck had a prior conviction for attempted possession of dangerous drugs for sale. As a convicted felon, Buck could not legally possess a firearm or ammunition.

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

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Farmington Police Department and San Juan County Sheriff’s Office. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.

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23-72

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 Malcom Torres pleaded guilty to second degree murder. Torres, 29, of Española, New Mexico, will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court records, on Sept. 7, 2019, Torres was home with his five-year-old stepdaughter, identified as Jane Doe, and eighteen-month-old son. Torres was heavily intoxicated and not fit to supervise the children. While in Torres’ care, Jane Doe sustained blunt-force trauma to her head, torso, and extremities. Torres became aware of Jane Doe’s injuries while she was still alive but failed to seek or provide necessary medical care. Torres claims he was too drunk to remember how he injured Jane Doe.

On the afternoon of Sept. 8, 2019, Jane Doe’s grandparents returned to the home and were informed by Torres that Jane Doe had been missing since that morning. Jane Doe’s grandmother immediately alerted Doe’s mother, who contacted law enforcement.

On Sept. 11, 2019, law enforcement located Jane Doe’s body in the Rio Grande River on the Santa Clara Pueblo. The resulting investigation revealed that Torres had driven to the area 5.5 miles from his home and left her body there on Sept. 8. Over the course of  interviews with the Rio Arriba County Sheriff’s Office and the New Mexico State Police, Torres provided law enforcement with numerous conflicting statements, delaying the recovery of her body, and lengthening the wide-spread and vigorous efforts of law enforcement and the Santa Clara Pueblo community to locate her.

"This conviction demonstrates the continuing commitment of federal, state, local and tribal law enforcement officials to work together to combat violent crime on Native American tribal lands,” said Raul Bujanda, FBI Special Agent in Charge. “The senseless murder of a 5-year-old child is a tragic occurrence, and I’m glad the collaborative effort put forth by all involved agencies has resulted in this conviction. The murder allegation in this complaint reveal an indifference to human life that will not be tolerated."

“As a crimes against children prosecutor myself, and a father of three, the loss of young life strikes at my core,” said U.S. Attorney Alexander M.M. Uballez. “I mourn with you. While a guilty plea does not bring back the life that was taken, we hope it brings closure to Jane Doe’s family and confidence that justice will find those who harm the most vulnerable.”

Torres faces a minimum of 30 years and up to life in prison. Upon his release from prison, Torres will be subject to five years of supervised release.

The Santa Fe Resident Agency of the FBI investigated this case with assistance from the Espanola Police Department, Santa Clara Pueblo Tribal Police Department, Rio Arriba County Sheriff’s Office, New Mexico State Police, Bureau of Indian Affairs, Albuquerque Police Department Open Space Search and Rescue Team, Espanola Fire Department and Ohkay Owingeh Pueblo Tribal Police Department. Assistant United States Attorney Jack Burkhead, Brittany DuChaussee and Zachary Jones are prosecuting the case.

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23-74

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jason Ross-Lattion Fleming pled guilty to production of a visual depiction of a minor engaging in sexually explicit conduct and providing child pornography to a minor. Fleming 36, of Piñon, New Mexico will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court documents, from Feb. 2021 until Dec. 2013, Fleming persuaded a minor to engage in sexually explicit conduct for the purpose of producing an image of that conduct with his cellphone. Beginning in January 2021 and continuing until March 2021, Fleming engaged in sexual contact with a nine-year-old he was babysitting. Fleming exposed himself to the child and provided her access to pornographic videos on his cellphone, including child pornography. Fleming offered the child Reese’s candy to entice her to engage in sexual acts.

On Dec. 9, 2021, New Mexico State Police (NMSP) executed a search warrant and seized two cellphones from Fleming. On April 18, Homeland Security Investigations (HSI) obtained and executed a federal warrant to search the contents of Fleming’s phones. Investigators found child pornography on Fleming’s personal cellphone.

Fleming was a firefighter in Alamogordo, New Mexico, at the time of the offenses. The City of Alamogordo has terminated his employment.

Fleming faces a minimum of five years and up to 20 years in prison for providing child pornography to a minor, and up to 30 years in prison for the production of a visual depiction of a minor engaging in sexually explicit conduct. Upon his release from prison, Fleming will be subject to at least five years of supervised release and must register as a sex offender.

HSI investigated this case with assistance from NMSP, the Las Cruces Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant United States Attorney Marisa A. Ong and Matilda McCarthy Villalobos are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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23-71

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jason Ross-Lattion Fleming pled guilty to production of a visual depiction of a minor engaging in sexually explicit conduct and providing child pornography to a minor. Fleming 36, of Piñon, New Mexico will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court documents, from Feb. 2021 until Dec. 2013, Fleming persuaded a minor to engage in sexually explicit conduct for the purpose of producing an image of that conduct with his cellphone. Beginning in January 2021 and continuing until March 2021, Fleming engaged in sexual contact with a nine-year-old he was babysitting. Fleming exposed himself to the child and provided her access to pornographic videos on his cellphone, including child pornography. Fleming offered the child Reese’s candy to entice her to engage in sexual acts.

On Dec. 9, 2021, New Mexico State Police (NMSP) executed a search warrant and seized two cellphones from Fleming. On April 18, Homeland Security Investigations (HSI) obtained and executed a federal warrant to search the contents of Fleming’s phones. Investigators found child pornography on Fleming’s personal cellphone.

Fleming was a firefighter in Alamogordo, New Mexico, at the time of the offenses. The City of Alamogordo has terminated his employment.

Fleming faces a minimum of five years and up to 20 years in prison for providing child pornography to a minor, and up to 30 years in prison for the production of a visual depiction of a minor engaging in sexually explicit conduct. Upon his release from prison, Fleming will be subject to at least five years of supervised release and must register as a sex offender.

HSI investigated this case with assistance from NMSP, the Las Cruces Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant United States Attorney Marisa A. Ong and Matilda McCarthy Villalobos are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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23-71

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jason Ross-Lattion Fleming pled guilty to production of a visual depiction of a minor engaging in sexually explicit conduct and providing child pornography to a minor. Fleming, 36, of Piñon, New Mexico will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court documents, from Feb. 2021 until Dec. 2013, Fleming persuaded a minor to engage in sexually explicit conduct for the purpose of producing an image of that conduct with his cellphone. Beginning in January 2021 and continuing until March 2021, Fleming engaged in sexual contact with a nine-year-old he was babysitting. Fleming exposed himself to the child and provided her access to pornographic videos on his cellphone, including child pornography. Fleming offered the child Reese’s candy to entice her to engage in sexual acts.

On Dec. 9, 2021, New Mexico State Police (NMSP) executed a search warrant and seized two cellphones from Fleming. On April 18, Homeland Security Investigations (HSI) obtained and executed a federal warrant to search the contents of Fleming’s phones. Investigators found child pornography on Fleming’s personal cellphone.

Fleming was a firefighter in Alamogordo, New Mexico, at the time of the offenses. The City of Alamogordo has terminated his employment.

Fleming faces a minimum of five years and up to 20 years in prison for providing child pornography to a minor, and up to 30 years in prison for the production of a visual depiction of a minor engaging in sexually explicit conduct. Upon his release from prison, Fleming will be subject to at least five years of supervised release and must register as a sex offender.

HSI investigated this case with assistance from NMSP, the Las Cruces Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant United States Attorney Marisa A. Ong and Matilda McCarthy Villalobos are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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23-71

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jason Ross-Lattion Fleming pled guilty to production of a visual depiction of a minor engaging in sexually explicit conduct and providing child pornography to a minor. Fleming, 36, of Piñon, New Mexico, will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court documents, from Feb. 2021 until Dec. 2013, Fleming persuaded a minor to engage in sexually explicit conduct for the purpose of producing an image of that conduct with his cellphone. Beginning in January 2021 and continuing until March 2021, Fleming engaged in sexual contact with a nine-year-old he was babysitting. Fleming exposed himself to the child and provided her access to pornographic videos on his cellphone, including child pornography. Fleming offered the child Reese’s candy to entice her to engage in sexual acts.

On Dec. 9, 2021, New Mexico State Police (NMSP) executed a search warrant and seized two cellphones from Fleming. On April 18, Homeland Security Investigations (HSI) obtained and executed a federal warrant to search the contents of Fleming’s phones. Investigators found child pornography on Fleming’s personal cellphone.

Fleming was a firefighter in Alamogordo, New Mexico, at the time of the offenses. The City of Alamogordo has terminated his employment.

Fleming faces a minimum of five years and up to 20 years in prison for providing child pornography to a minor, and up to 30 years in prison for the production of a visual depiction of a minor engaging in sexually explicit conduct. Upon his release from prison, Fleming will be subject to at least five years of supervised release and must register as a sex offender.

HSI investigated this case with assistance from NMSP, the Las Cruces Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant United States Attorney Marisa A. Ong and Matilda McCarthy Villalobos are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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23-71

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 Jonathan John James pleaded guilty to travel with intent to engage in illicit sexual conduct. James, 58, of Tsaile, Arizona, will remain on conditions of release pending sentencing, which has not been scheduled.

According to the plea agreement and other court documents, on April 20, 2022, James followed a child as she shopped with a grandparent at a Home Depot in Gallup, New Mexico. James approached the minor, told her she was attractive and gave her his telephone number, written on a wet wipe package, in hopes they would communicate. On April 27, James received a text message from a person he believed to be the minor he had contacted and began exchanging sexually explicit messages with them. On May 5, James traveled from Arizona to a park in Gallup to meet the victim. He was detained by the FBI upon arrival.

Under the terms of his agreement, James can be sentenced to up to 30 years in prison and must register as a sex offender upon his release from prison.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the FBI Child Exploitation Human Trafficking Task Force. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.

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23-70

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 Ian Channing Lasiloo was charged with assault with a dangerous weapon, being a prohibited person in possession of a firearm and ammunition, and using and carrying a firearm during and in relation to a crime of violence. Lasiloo, 30, of Zuni, and an enrolled member of the Zuni Tribe, appeared in federal court today for a detention hearing and will remain in the custody of a halfway house pending trial, which has not been scheduled.

According to an indictment, on Aug. 15, 2022, Lasiloo assaulted a victim, identified as John Doe, with a .22 caliber revolver 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, Lasiloo faces up to life in prison.

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

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23-64

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Michael J. Missal, Inspector General of the Department of Veterans Affairs, announced that Faye Janzad made an initial appearance in federal court on April 5 on an indictment charging her with two counts of fiduciary misappropriation and two counts of making false statements. Janzad, 63, of Albuquerque, New Mexico, will remain on conditions of release pending trial, which has not been scheduled.

A federal grand jury indicted Janzad on March 21. According to the indictment, Janzad was the owner and director of Veterans Independent Living of Albuquerque (VILA), a nonprofit company that provides housing and services to veterans at various levels of care. In January 2018, Janzad was appointed to serve as the fiduciary to a disabled veteran under VILAs care. At that time, two cashier’s checks in the amount of $20,360.26 and $143,002.77 were dispersed from the veteran’s prior fiduciary to Janzad. Rather than deposit the checks into the veteran’s beneficiary account, Janzad deposited both checks into VILA’s corporate bank account.

In Oct. and Nov. of 2018, the VA asked Janzad to provide bank statements showing the disposition of the veteran’s money. Instead, Janzad led the VA to believe that she had invested the veteran’s money in a mortgage on a VILA property, earning 5% interest. In Dec. 2018, Janzad recorded a mortgage with Bernalillo County which purported to grant the veteran an interest in a property, though the mortgage erroneously referred to a property that was not owned by VILA but had been owned by one of VILA’s other clients. Shortly after, the VA removed Janzad as fiduciary for the veteran and demanded that she forward all monies to the successor fiduciary. Janzad never fixed the faulty mortgage, never made any payments on the mortgage, and never forwarded the veteran’s funds to his successor fiduciary.

During the investigation, Janzad provided the Department of Veterans Affairs with a Fiduciary Statement of Account that omitted any mention of the veteran’s $163,363, and she knowingly made false, fictitious, and fraudulent statements to VA personnel.

“The charges announced today are an important step in seeking justice for a veteran who was allegedly defrauded by their VA-appointed fiduciary,” said Special Agent in Charge Rebeccalynn Staples with the Department of Veterans Affairs Office of Inspector General’s Western Field Office. “The VA OIG appreciates the support of the US Attorney’s Office for their efforts in prosecuting this case.”

“We honor our nation’s veterans not just with words but with action,” said United States Attorney Alexander M.M. Uballez. “A disabled veteran is not a mortgage loan bank, and should not be treated as such. My office will fight to protect those who fought to protect us.”

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Janzad faces up to 5 years in prison as to each count in the indictment.

The Criminal Investigators Division of the US Department of Veterans Affairs, Office of Inspector General investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.

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23-66

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Karl Shroulote, Sr. was sentenced to 70 months in prison. Shroulote, 41, of Acoma, New Mexico, and an enrolled member of the Pueblo of Acoma, pleaded guilty on Dec. 21, 2022, to sexual abuse in Indian Country.

In his plea agreement, Shroulote admitted that on April 29, 2018, he sexually assaulted a victim, identified in court records as Jane Doe, while she was unconscious in his home on the Acoma Pueblo.

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

The Bureau of Indian Affairs investigated this case with assistance from the Pueblo of Acoma Police Department. Assistant United States Attorney Alexander F. Flores is prosecuting the case.

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23-65

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Gregory M. Millard, Special Agent in Charge for the DEA El Paso Division, announced today that a federal jury on March 30 returned a guilty verdict against Eloy Romero.  The jury convicted Romero, 47, of Albuquerque, New Mexico, on one count each of possession with intent to distribute 50 grams and more of methamphetamine, possession with intent to distribute 40 grams and more of fentanyl, and possession of a firearm in furtherance of a drug trafficking crime. United States District Judge Judith C. Herrera presided.

The case against Romero was part of a February 25, 2021, tactical operation by the Albuquerque Police Department in the Southwest Area Command. During the operation, members of the APD Gang Unit observed Romero engage in suspicious behavior in a business parking lot. They approached Romero’s vehicle with emergency equipment engaged, but Romero drove away from the area, disregarding their lights and sirens. APD followed but temporarily disengaged to avoid a dangerous pursuit. Eventually, Romero pulled over and was approached by the investigating officers.

Officers determined that Romero’s vehicle had a suspended registration and Romero had a suspended driver’s license. Officers decided to tow the vehicle, pursuant to department policy. During an inventory of the vehicle, officers discovered suspected fentanyl and a firearm. They immediately sealed the vehicle and sought a search warrant. During execution of the search warrant, officers located a black backpack in the back seat that contained 352 grams of methamphetamine, 1,876 tablets of fentanyl, numerous rounds of .22 ammunition and a .22 caliber semi-automatic handgun.

Romero will remain in custody pending sentencing, which has not been scheduled. He faces a minimum of fifteen years in prison.

The Drug Enforcement Administration’s Albuquerque District Office and Albuquerque Police Department investigated this case.  It is being prosecuted by Assistant U.S. Attorneys Nora Wilson and Joseph M. Spindle.

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23-63

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Alfonso Salcido Herrera, Jr. pleaded guilty to the enticement of a minor.  Herrera, 45, of Alamogordo, New Mexico, will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court documents, beginning in 2018 and continuing into 2022, Herrera groomed and sexually abused at least four children who were between nine and 13 years old at the time of the abuse. Herrera showed each of the four minor victims pornography from the Internet on his cell phone in an attempt to persuade, induce, entice, and coerce the minor victims to engage in sexual activity with him.

Herrera faces a mandatory minimum of 10 years in prison. Under the terms of his agreement with the government, Herrera can be sentenced to up to 60 years in prison.

Homeland Security Investigations (HSI) investigated this case with assistance from the Alamogordo Police Department and the 12th Judicial District Attorney's Office. Assistant United States Attorneys Matilda McCarthy Villalobos and Joni Autrey Stahl are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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23-62

Matador Production Company has agreed to pay a penalty and ensure compliance with both state and federal clean air regulations at all 239 of its New Mexico oil and gas well pads to resolve unlawful operations alleged in a civil complaint filed today under the Clean Air Act and state regulations.

The complaint, filed jointly by the United States, on behalf of the U.S. Environmental Protection Agency (EPA), and the New Mexico Environment Department (NMED), alleges that Matador failed to capture and control air emissions from storage vessels; comply with inspection, monitoring and recordkeeping requirements; and obtain required state and federal permits at 25 of its oil and gas production operations in New Mexico. NMED and EPA identified the alleged violations through flyover surveillance and field investigations conducted in 2019.

The consent decree, filed together with the complaint, requires Matador to ensure that all 239 of its well pads in New Mexico are operated lawfully. Under the settlement, Matador will spend at least $2.5 million to implement extensive design, operation, maintenance and monitoring improvements, including installing new tank pressure monitoring systems that will provide advance notification of potential emissions and allow for immediate response action by the company.

“Air quality in the Permian Basin is at risk of not meeting national standards,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We will continue to work with the State of New Mexico to ensure that oil and gas production operations are operating within the law to improve air quality and public health in surrounding communities.”

“Matador’s facilities unlawfully released air pollutants associated with several types of respiratory illnesses and that contribute to global warming,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “This settlement will not only improve air quality for neighboring communities but also assist with our national effort to slow climate change.  It will also help ensure that Matador does not profit from its violations of environmental laws.”

Matador’s compliance with the consent decree will result in a reduction of more than 16,000 tons of pollutants, including oxides of nitrogen (NOx), volatile organic compounds (VOCs) and carbon monoxide (CO). VOCs and NOx are key components in the formation of ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis. In addition, as a co-benefit of these reductions, the consent decree will result in significant reductions of greenhouse gas emissions, including reducing methane – a powerful greenhouse gas, by more than 31,000 tons, measured as carbon dioxide (CO2) equivalent. This is similar to the amount of greenhouse gas reductions that would be achieved by taking 6,060 gasoline powered vehicles off the road for one year. Greenhouse gases from human activities are a primary cause of climate change and global warming. 

As part of the settlement, Matador also will pay a civil penalty of $1.15 million to be split between the United States and the State of New Mexico. In addition, Matador will spend no less than $1.25 million on a supplemental environmental project involving diesel engine replacements, which will result in significant reductions of harmful air pollutants and help address the environmental harm caused by the company’s previous violations. Matador will also spend another $500,000 to conduct aerial monitoring of its facilities for leaks of methane and other pollutants and to address any problems identified. Finally, Matador will spend approximately $800,000 to offset the harm caused by the alleged violations by reducing emissions from pneumatic devices and vapor recovery units used in its oil and gas operations.

The Clean Air Act (CAA) requires the EPA to set National Ambient Air Quality Standards (NAAQS) for criteria pollutants that are considered harmful to public health and the environment. Ozone, CO and nitrogen dioxide (NO2, a component of NOx) are criteria pollutants emitted by oil and gas production facilities, such as those operated by Matador where the alleged violations occurred. During the timeframes of Matador’s alleged violations, air quality monitors in the relevant counties in New Mexico registered rising ozone concentrations exceeding 95% of the NAAQS for ozone. In counties where ozone levels reach 95% of the NAAQS, NMED is required by New Mexico state statute to take action to reduce ozone pollution.

Matador is an independent oil and gas producer engaged in the exploration, development, production and acquisition of oil and natural gas resources in the United States. The company is a large producer in the New Mexico portion of the Permian Basin, which is a shale oil and gas producing area located in southeast New Mexico and west Texas.

This settlement is part of EPA’s National Enforcement and Compliance Initiative, Creating Cleaner Air for Communities by Reducing Excess Emissions of Harmful Pollutants.

The consent decree is available for public viewing at www.justice.gov/enrd/consent-decrees. The United States will publish a notice of the consent decree’s lodging with the U.S. District Court for the District of New Mexico in the Federal Register and will accept public comment for 30 days after the notice is published. The Federal Register notice will also include instructions for submitting public comment.

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Allan Wilson pleaded guilty to sexual abuse of a minor in Indian Country and possession of child pornography. Wilson, 64, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

According to his plea, sometime between Oct. 4 and Nov. 28, 2019, Wilson engaged in abusive sexual contact with a minor while she was spending the night in the home Wilson shared with his sister on the Navajo Nation. Wilson admitted that he had been drinking heavily. The victim, Identified as Jane Doe, who is also a member of the Navajo Nation, was less than twelve years old at the time.

During the investigation, the FBI conducted a search of Wilson’s phone. The search revealed pornographic pictures of a minor victim, identified as Jane Doe 2. Wilson admitted that he knew the images were on his phone.

By the terms of the plea agreement, Wilson faces up to 12 years in prison and must register as a sex offender.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department.

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

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ALBUQUERQUE, 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 Bryon Yazzie, Jr. pleaded guilty to sexual abuse of a minor, sexual abuse, and aggravated sexual abuse in Indian Country. Yazzie, 21, of Tohatchi, 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, between August 2020 and continuing to November 2020, Yazzie engaged in sexual acts with a minor who had attained the age of 12 but had not yet attained the age of sixteen. Yazzie was nineteen years old at the time.

Yazzie faces up to 15 years in prison for sexual abuse of a minor and any term of years up to life for sexual abuse and aggravated sexual abuse. Upon his release from prison, Yazzie must register as a sex offender.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Evan Haceesa pleaded guilty to second degree murder. Haceesa, 29, of Nageezi, 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, on Aug. 28, Haceesa attacked Jane Doe at his residence in Nageezi on the Navajo Nation. Haceesa punched Jane Doe in the face until she lost consciousness and kicked her several times. Upon arriving at the home, a Navajo Police Department officer responding to a report of domestic violence found the victim unclothed and unresponsive, lying in a wheelbarrow outside the house. Jane Doe died as a result of her injuries.

Haceesa 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 Matthew McGinley is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Joshua Davis made an initial appearance in federal court on March 6 facing a charge of assault resulting in serious bodily injury in Indian Country. Davis, 40, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending trial, which has not been scheduled.

According to the criminal complaint, in May of 2022, Davis allegedly 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. The incident occurred in Otero County, New Mexico, within the bounds of the Mescalero Apache Tribe.

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

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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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 Jaydyn Diamond Lester made an initial appearance in federal court on March 6 on a criminal complaint charging him with assault with a dangerous weapon with an intent to do bodily harm and assault resulting in substantial bodily injury of a spouse, intimate partner, or dating partner in Indian Country. Lester, 18, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending trial, which has not been scheduled.

According to the criminal complaint, on Oct. 4, 2022, Lester allegedly assaulted a victim, identified as Jane Doe, by shooting at her and hitting her on the head with the butt of a BB gun. The assault resulted in serious bodily injury to Jane Doe. The incident occurred in Otero County, New Mexico, within the bounds of the Mescalero Apache Tribe.

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

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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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 Byron Rosetta was sentenced to ten years and one day in prison. Rosetta, 38, of Albuquerque, and an enrolled member of the Kewa Pueblo, pleaded guilty on June 22, 2022, to two counts of assault with a dangerous weapon in Indian Country and one count of using a firearm during a crime of violence.

According to the plea agreement and other court records, on January 3, 2020, law enforcement began receiving reports of seemingly indiscriminate shooting incidents along Interstate 25 between Bernalillo, New Mexico, and the Kewa Pueblo. Eventually, law enforcement determined that a Kewa man, Byron Rosetta, was responsible for the shootings.  Between January 3, 2020, and April 4, 2020, law enforcement determined that Rosetta shot from his vehicle and from the roadside at several drivers near I-25. Rosetta used various firearms, including a .38 caliber pistol.  Several victims suffered injuries and damage to their windshields and other parts of their vehicles.

On April 4, 2020, Rosetta fired a shotgun at a vehicle traveling south on I-25 through the Kewa Pueblo, and the driver of the vehicle was struck in the face by birdshot. Rosetta then shot an ambulance from Santo Domingo Pueblo that responded to a 911 call for the incident. Despite damage to the ambulance windshield, paramedics continued their service and transported the occupants of the first vehicle to the University of New Mexico Hospital.

On April 5, 2020, Rosetta was driving on State Road 22 on the Kewa Pueblo in Sandoval County, New Mexico, when he shot a passing vehicle, narrowly missing the unsuspecting driver. The driver reported the incident to law enforcement, and agents were able to identify Rosetta’s vehicle in surveillance footage.

On April 9, New Mexico State Police officers executed a search warrant on Rosetta’s residence. During the search, officers located a handgun, a shotgun, and ammunition.

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

The FBI Albuquerque Field Office investigated this case with assistance from the New Mexico State Police, the Sandoval County Sheriff’s Office, the Bureau of Indian Affairs, and the Drug Enforcement Administration. Assistant United States Attorney Joseph Spindle 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 Jeremy Daniel Dennis made an initial appearance in federal court on March 14 on a criminal complaint charging him with assault on a federal officer. Dennis, 43, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending trial, which has not been scheduled.

According to the criminal complaint, on Dec. 25, 2022, Dennis allegedly assaulted a BIA Officer conducting a welfare check on him by punching and kicking the officer and attempting to strangle them by pressing the officer’s bulletproof vest into their throat. The incident occurred in Otero County, New Mexico, within the bounds of the Mescalero Apache Tribe.

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

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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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Danny Deron Morgan made an initial appearance in federal court on March 14 on a criminal complaint charging him with assault of an intimate partner by strangling in Indian Country. Morgan, 50, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending trial, which has not been scheduled.

According to the criminal complaint, on Feb. 20, Morgan allegedly assaulted a victim, identified as Jane Doe, by attempting to strangle them in Otero County, New Mexico, within the bounds of the Mescalero Apache Tribe.

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

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Leticia Ashley was arraigned on March 6 on an indictment charging her with involuntary manslaughter and abandonment and abuse of a child. Ashley, 42, of Navajo, New Mexico, and an enrolled member of the Navajo Nation, will remain under supervision pending trial, which has not been scheduled.

A federal grand jury indicted Ashley on Feb. 23. According to the indictment, on July 29, 2022, Ashley, while under the influence of alcohol, operated a motor vehicle with children in the car and placed those children in a situation which resulted in the death of one and endangered the lives of three others. The incident occurred in McKinley County, New Mexico, within the bounds of the Navajo Nation

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Ashley 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. Assistant United States Attorney Kimberly N. Bell is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Santiago Quintana, Jr. was arraigned on a criminal complaint charging him with aggravated sexual abuse with children and offenses committed within Indian Country. Quintana, 69, a member of the Santa Domingo Pueblo, will remain in custody pending trial, which has not been scheduled.

According to the accusations in the criminal complaint, over a period of six years, Quintana sexually abused two victims who had not yet attained the age of 12 when the abuse began.

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

The FBI Albuquerque Field Office investigated this case with assistance of the Bureau of Indian Affairs. 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 that Kendale Johnson pled guilty to being a felon in possession of a firearm and ammunition. Johnson, 34, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.

            In the plea agreement, Johnson admitted to being a passenger of a vehicle and getting into a dispute with the driver of another vehicle. The dispute resulted in Johnson’s arrest, and he was found to have a 9mm rifle and two bullets in his pocket at that time. Johnson also admitted to possessing a stock rifle, night vision scope, and 9mm ammunition magazine which were in the car.

            At the time of the offense, Johnson had a prior conviction for assault with a dangerous weapon. As a convicted felon, Johnson could not legally possess a firearm or ammunition.

At sentencing, Johnson faces 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 Department of Criminal Investigations. Assistant U.S. Attorney Novaline D. Wilson 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 Gerrick Mariano made an initial appearance in federal court on a criminal complaint charging him with assault resulting in serious bodily injury. Mariano, 25, of Thoreau, and an enrolled member of the Navajo Nation, will remain in custody pending a preliminary and detention hearing scheduled for March 6, 2023.

A federal grand jury indicted Mariano on Feb. 22. According to the indictment, on Aug. 22, 2022, Mariano pointed a loaded AR-15 at his friend’s chest with the intent of scaring him. When the friend pushed the barrel of the gun away, Mariano shot his friend in the upper-right shoulder. The victim, who survived the shooting, was airlifted to the University of New Mexico Hospital.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Mariano faces up to 10 years in prison and a $250,000 fine.

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Gregory M. Millard, Special Agent in Charge for the DEA El Paso Division, announced today that Cruz Lopez-Acevedo was sentenced to 14 years in prison. Lopez-Acevedo, 52, of Zacatecas, Mexico, pleaded guilty on March 15, 2022, to conspiracy to possess with intent to distribute 1,000 kilograms and more of marijuana.

According to the plea agreement and other court records, between March 2005 and September 2008, Lopez-Acevedo was the main supplier of marijuana in Indianapolis, Indiana and was personally responsible for at least 30,000 kilograms, but less than 90,000 kilograms of marijuana which was distributed in Indianapolis and Texas.

Lopez-Acevedo was extradited from Mexico in 2019 with the assistance of the Department of Justice’s Office of International Affairs.

Upon his release from prison, Lopez-Acevedo will be removed from the United States.

The Drug Enforcement Drug Enforcement Administration investigated this case. Assistant United States Attorney Elaine Y. Ramirez is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Spencer George Klinekole made an initial appearance in federal court on Feb. 27 facing a charge of assault with a dangerous weapon with intent to do serious bodily harm. Klinekole, 38, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending a preliminary and detention hearing scheduled for March 2.

According to a criminal complaint, on Nov. 2, 2022, Klinekole assaulted two victims in their home with a baseball bat. Klinekole was arrested by Bureau of Indian Affairs officers when he returned to the residence the assault had taken place. The assault occurred on the Mescalero Apache Reservation.

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

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Daniel Montano and Eligius Montano were sentenced to 8 years in prison each. Daniel, 44, of Albuquerque, and Eligius, 25, or Bernalillo, pleaded guilty on Sept. 14, 2022, to interference with interstate commerce by robbery.

On Apr. 18, 2022, Daniel and Eligius, who are father and son, robbed a Metro PCS store in Belen. As the men entered the business, they yelled to “put your hands where we can see them.”  When the clerks did not initially cooperate, Eligius put his hands inside of his hoodie as if he had a firearm.  The Montanos then told the clerks to face the wall with their hands up before taking one to the back room of the business.  The Montanos succeeded in taking nearly $8,000 in merchandise.

The Belen Police Department investigated this case with assistance from the FBI Albuquerque Field Office. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.

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