District of New Mexico

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jerry Shrock, 47, of Meadowview, Virginia, pleaded guilty on Nov. 28 to conspiracy to defraud the United States. Shrock will remain on conditions of release pending sentencing, which has not been scheduled.

According to court records, beginning in January 2005, David Wellington, 62, of Albuquerque, and his business partner Stacy Underwood, 51, of Albuquerque, operated National Business Services, which promoted, sold and created Limited Liability Companies (LLCs) under New Mexico State Law. For many clients, National Business Services would open bank accounts under the names and IRS employer identification numbers (EINs) of the LLCs, and the clients – whose names were not associated with the bank accounts - would have access to the funds in those accounts. Clients received debit cards, online bank access information and pre-signed checks with Underwood’s signature, which clients could use to access the money despite the bank never associating the client with the account.

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

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

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

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

Wellington was arraigned on July 9, 2021, charged with conspiracy to defraud the United States and operation of an unlicensed money transmitting business. Wellington remains on conditions of release pending trial, which is scheduled for June 12, 2023. If convicted, Wellington faces up to 10 years in prison.

On Oct. 23, Underwood pleaded guilty to conspiracy to defraud the United States. Underwood is scheduled for sentencing on Jan. 30, 2023.

Underwood and Shrock face up to five years in prison.

IRS Criminal Investigation 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, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Anderson Buck made an initial appearance in federal court on Nov. 25 where he was charged by criminal complaint with assault resulting in serious bodily injury in Indian Country. Buck, 39, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending a preliminary and detention hearing scheduled for Nov. 29.

According to a criminal complaint, on Nov. 17, Buck allegedly beat his girlfriend, identified in court records as Jane Doe, so badly she needed immediate medical care at San Juan Regional Medical Center. Jane Doe’s injuries included a blowout of fractured bones around her left eye, with the possibility of losing function in the eye. Jane Doe also suffered significant blunt force trauma to the face including a broken nose, brain bleeding, and blunt force trauma to the abdomen. Jane Doe was later transferred to the University of New Mexico Hospital in Albuquerque.

The assault allegedly occurred in Nenahnezad, New Mexico, on the Navajo Nation.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Buck 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 Department of Criminal Investigations. Assistant United States Attorney Alexander F. Flores is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that a federal court has revoked the conditions of pre-trial release for Jason Smeltzer, 40, of Albuquerque.

Smeltzer originally was arrested for and charged with five bank robberies. From Jan. 20 to Feb. 23, Smeltzer allegedly robbed four Albuquerque banks, one of which was robbed twice. On Jan. 21, the FBI received a tip through the National Threat Operation Center identifying Smeltzer as a possible suspect. Smeltzer was taken into custody on Feb. 23. A federal grand jury indicted Smeltzer on April 12.

Smeltzer was conditionally released to La Pasada Halfway House pending trial. Among the conditions of his release was his submission to location monitoring by a GPS device. However, on May 6, Smeltzer removed his GPS device and absconded from La Pasada. He was arrested on Nov. 18.

A defendant is presumed innocent unless and until proven guilty. If convicted, Smeltzer faces up to 20 years in prison.

The FBI Albuquerque Violent Crimes and Gangs Task Force investigated this case. Assistant United States Attorneys Matthew Nelson and Niki Tapia-Brito are prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Stetson Shane Barnes, 30, of Loving, New Mexico, and Donald Alfred Busch, 34, of Carlsbad, New Mexico, were each sentenced to 40 years in prison following a conviction for their parts in a carjacking resulting in death.

On Nov. 12, 2021, after a nearly two-week trial, a federal jury convicted Barnes and Busch of conspiracy to commit carjacking, carjacking resulting in death, and being felons in possession of firearms and ammunition. Busch was also found guilty of using and carrying a firearm during and in relation to a crime of violence.

On the night of May 27, 2019, Barnes, Busch and Tyson Lee Terrell traveled to the victim’s home in Loving with an accomplice, Jehra Lynn Hedgecock, 33, of Carlsbad. The group had conspired to steal a motorcycle from the victim, identified in court records as J.S.

Upon the group arriving at the victim’s residence in Hedgecock’s truck, Hedgecock knocked at the front door in an attempt to lure J.S. outside. Meanwhile, Busch located the motorcycle he wanted to steal under the victim’s carport and began pushing it away. As the victim emerged from his home, Barnes, Busch and Hedgecock all pointed firearms at him. Jurors heard testimony that Busch ordered J.S. back into his home while holding him at gunpoint.

While Busch continued to push the motorcycle off the victim’s property, Hedgecock and Barnes got into Hedgecock’s truck. As they began to drive away, Barnes fired twelve shots from the truck into the residence, the last of which struck and killed J.S.  The victim’s father testified that J.S. called him to ask for help, and that he was on the phone with J.S. when he heard gunshots ring out.  According to courtroom testimony, J.S. was taking cover in the back room of his home when he was struck by the last bullet fired by Barnes.

After the shooting, Hedgecock stopped the truck on the side of the road where Barnes helped Busch to load the motorcycle in the back of the truck, and the conspirators fled.  Hedgecock’s truck was found burning in a ravine outside Carlsbad the following day and J.S.’s motorcycle was later recovered from Barnes’ property.

Hedgecock pleaded guilty on July 22, 2021, to one count of conspiracy, one count of carjacking resulting in death and one count of using, brandishing and carrying a firearm during and in relation to a crime of violence and possessing and brandishing a firearm in furtherance of such crime. Sentencing for Hedgecock is scheduled for Jan. 10, 2023.

Terrell pleaded guilty on Jan. 20 to one count of conspiracy. On July 22, Terrell was sentenced to four years in prison.

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Christopher Baca, 35, of Española, New Mexico, was sentenced on Nov. 16 to nine years and one month in prison for possession of child pornography. Baca pleaded guilty on March 11.

In August 2020, Baca, under the username “C B” within a Kik group, shared more than a dozen videos of young children, some as young as one to three years of age, being sexually abused.

On Jan. 13, 2021, the FBI served a search warrant at Baca’s home, seizing his electronic devices. A forensic examination of four of the electronic devices, including an Asus laptop, a Patriot flash drive, a Samsung Galaxy cellphone and a Samsung hard drive, revealed a total of 730 files containing child pornography. The majority of the files were videos, many of which portrayed sexual abuse of infants, toddlers, or pre-pubescent children. In his plea, Baca admitted that he had previously shared material containing child pornography within Kik Messenger groups.

Upon his release from prison, Baca will be subject to five years of supervised release and must register as a sex offender. Baca must also pay $36,000 in restitution and $22,000 in fines.

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

Assistant United States Attorney Jaymie L. Roybal prosecuted 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, announced today that Andres Toj and Hugo Leonel Panjoj-Leon were arraigned in federal court on an indictment charging them with conspiracy to transport illegal aliens. Toj, 32, and Panjoj-Leon, 28, both citizens of Guatemala, will remain in custody pending trial, which has not been scheduled.

According to the criminal complaints that preceded the indictment, on Aug. 19, in response to information about possible human smuggling, U.S. Border Patrol agents investigated two rooms at a Las Cruces, New Mexico, hotel. During a search of the rooms, agents located a total of nine undocumented non-citizens. Among them was Toj, who allegedly drove the others to Las Cruces and housed them at the hotel as they awaited transportation to be provided by another person.

On Sept. 7, Border Patrol agents again responded to information regarding possible human smuggling at a hotel in Las Cruces. During a search of three rooms, agents located a total of 12 undocumented non-citizens, including Panjoj-Leon. Like Toj, Panjoj-Leon allegedly transported the others to Las Cruces and housed them at the hotel as they awaited further transportation.

“Transnational criminal organizations thrive when federal law enforcement efforts are siloed and uncoordinated,” said U.S. Attorney Uballez. “Through partnership, common vision and mutual efforts, Joint Task Force Alpha will bring the full weight of the federal government to bear on those who profit off of the desperation of migrants.”

"These events highlight our commitment to protect our community against the illicit actions of Transnational Criminal Organizations,” said El Paso Sector Acting Chief Patrol Agent Peter Jaquez. “We could not be as effective as we have been at targeting these individuals without the cooperation of our law enforcement partners and the United States Attorney’s Office for the District of New Mexico, who have assisted us in bringing these ruthless smugglers to justice.”

“Human smugglers conspire to undermine our nation’s immigration laws for their own profit with complete disregard for human life as they treat people like commodities,” said Frank Burrola, Special Agent in Charge of HSI El Paso. “Thanks to the outstanding teamwork between HSI and BP, along with the U.S. Attorney’s office, smugglers will be held accountable for their actions as we work to dismantle the transnational criminal originations that are involved.”

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Toj and Panjoj-Leon face up to 10 years in prison.

These charges resulted from the coordinated efforts of Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the District of New Mexico is part of the JTFA, which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. The Task Force focuses on disrupting and dismantling smuggling and trafficking networks that abuse, exploit, or endanger migrants, pose national security threats, and are involved in organized crime. JTFA consists of federal prosecutors and attorneys from U.S. Attorneys’ Offices along the Southwest Border (District of Arizona, Southern District of California, District of New Mexico, Southern District of Texas, and Western District of Texas), from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from DHS’s Immigration and Customs Enforcement, and Customs and Border Protection’s U.S. Border Patrol. The FBI and the Drug Enforcement Administration are also part of the Task Force.

U.S. Border Patrol and Homeland Security Investigations investigated this case with assistance from the Dona Ana County Sheriff's Office. Assistant United States Attorney Kristopher D. Jarvis and Matt 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, announced today that Bobby Peña was sentenced on Nov. 14 to three years and seven months in prison. Peña, of Albuquerque, pleaded guilty on Feb. 10 to possession of child pornography and false claims against the government.

Peña was the owner and sole operator of De La Peña LLC. From May 2008 to June 2017, Peña worked as a subcontractor to Sandia National Laboratories (SNL) in Bernalillo County, New Mexico, and entered into a contract with SNL and the United States Department of Energy to provide specialized cleaning services, including air particle count monitoring and cleanroom cleaning services, for three buildings at SNL.

Between July 1, 2015, and Feb. 28, 2017, Peña fraudulently submitted invoices totaling $47,025 for air particle count monitoring and $6,000 for cleanroom cleaning services that had not been performed. In the plea agreement, Peña admitted to fraudulently submitting invoices for an additional $14,850 for air particle count monitoring and $2,250 for cleanroom cleaning services.  Peña received a total of $70,125 from the Department of Energy for services for which he had fraudulently invoiced SNL but had not performed.

In connection with the investigation into Peña’s illegal activities, law enforcement executed a search warrant at the De La Peña business address on Dec. 13, 2017. During the search, investigators seized several electronic devices, including three external hard drives. Forensic analysis of the devices revealed approximately 3,972 images and 58 videos of child pornography, material that included depictions of minors engaged in sexually explicit conduct.

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

The Department of Energy Office of the Inspector General investigated this case.

The U.S. Attorney’s Office for the District of New Mexico prosecuted 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 Tom Tso was arraigned on Nov. 15 on an indictment charging him with sexual abuse. Tso, 84, of Tse Bonito, New Mexico, and an enrolled member of the Navajo Nation, will remain at a halfway house on conditions of release pending trial, which has not been scheduled.

A federal grand jury indicted Tso on Nov. 9. According to the indictment, between Aug. 4, 1998, and Oct. 11, 2000, Tso allegedly engaged in and attempted to engage in sexual acts with a victim, identified as Jane Doe, who was physically incapable of declining to participate in, and communicating unwillingness to engage in, that sexual act. Jane Doe is an enrolled member of the Navajo Nation, and the alleged assault occurred on the Navajo Nation.

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

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Kyle Aguilar pleaded guilty to abusive sexual contact of a minor in Indian Country. Aguilar, 40, of San Felipe, New Mexico, and an enrolled member of the San Felipe Pueblo, will remain on conditions of release pending sentencing, which has not been scheduled.

According to the plea agreement, between Oct. 2, 2016, and Feb. 13, 2017, Aguilar engaged in abusive sexual contact with a victim who was between 12 and 16 years old. The abuse occurred on the San Felipe Pueblo.

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

The Bureau of Indian Affairs investigated this case. Assistant United States Attorneys Nicholas J. Marshall and Brittany DuChaussee 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, announced today that Thomas Navaho, 29, of Shiprock New Mexico, and an enrolled member of the Navajo Nation, was sentenced to eight months in prison. Navaho pleaded guilty on June 13 to escape from custody.

On March 28, 2019, Navaho was sentenced to four years and three months in prison, to be followed by three years of supervised release, for assaulting a man on the Navajo Nation. On Oct. 20, 2021, Navaho was placed at the Dismas Charities Diersen Residential Reentry Center (Diersen RRC) in Albuquerque to serve the last six months of his custodial sentence.

In his plea agreement, Navaho admitted that on March 15, he packed his belongings and left Diersen RRC without permission. U.S. Marshals arrested Navaho on April 1.

The United States Marshals Service investigated this case. Assistant United States Attorney Nicholas J. Marshall prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Lionel Vallo, 39, of Albuquerque, pleaded guilty on Nov. 14 to being a felon in possession of firearms and ammunition and failure to update his sex offender registration. Vallo will remain in custody pending sentencing, which has not been scheduled.

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

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

On August 1, 2020, Vallo was arrested for and charged with being a felon in possession of a firearm, for which he was on pretrial conditions of release at the time of the July 26 arrest. As a previously convicted felon, Vallo cannot legally possess a firearm or ammunition.

Vallo faces up to 15 years in prison for being a felon in possession of a firearm and ammunition and 10 years for failing to update his sex offender registration.

Homeland Security Investigations (HSI) and the U.S. Marshals Service investigated this case. Assistant United States Attorney Nick Marshall is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Edward Ray Loretto was sentenced on Nov. 14 to three years and one month in prison for sexual abuse of a minor in Indian Country. Loretto, 41, of Pueblo of Jemez, New Mexico, and an enrolled member of the Pueblo of Jemez, pleaded guilty on Aug. 12.

On July 27, 2020, at his girlfriend’s house on the Pueblo of Jemez, Loretto, engaged in sexual intercourse with his girlfriend’s younger sister, who was 15 years old. According to a criminal complaint, Loretto and another individual provided alcohol to the victim prior to the sexual assault.

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

The FBI Albuquerque Field Office and the Pueblo of Jemez Police Department investigated this case. The United States Attorney’s Office prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Deon Joe Bidtah was arraigned on Nov. 10 on a three-count indictment charging him with assault with a dangerous weapon, discharging a firearm during a crime of violence, and assault on a federal officer with a deadly and dangerous weapon. Bidtah, 23, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Bidtah on Nov. 9. According to the indictment and other court records, on Oct. 11, Bidtah approached a vehicle near his residence and fired two rounds from a 12-gauge shotgun into the vehicle. A victim, identified as Jane Doe, was struck and injured by the gunfire. Three of Jane Doe’s family members were in the vehicle at the time. All four occupants of the vehicle are enrolled members of the Navajo Nation. Jane Doe was taken to San Juan Regional Medical Center for treatment.

Navajo Police responded to the incident location, including one officer who, by virtue of a special law enforcement commission, is considered a federal officer. Bidtah approached the officers carrying the 12-gauge shotgun and fired toward the officers. Officers took cover behind their patrol units and commanded Bidtah to stop and drop his weapon. Bidtah ignored the commands, and officers fired two rounds at Bidtah. Bidtah was struck, and was later transported to Northern Navajo Medical Center for treatment.

Both incidents occurred on the Navajo Nation.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Bidtah faces up to 10 years in prison for assault with a dangerous weapon, up to 20 years in prison for assault on a federal officer with a deadly and dangerous weapon, and a consecutive mandatory minimum of 10 years and up to life in prison for discharging a firearm during a crime of violence.

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Novaline 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, announced that Douglas Smith, 71, of Española, New Mexico, was sentenced on Nov. 10 to two years and three months in prison. On June 18, 2021, a federal jury convicted Smith of involuntary manslaughter in Indian Country.

In the early morning hours of May 5, 2018, Smith shot a woman he believed was trying to break into his mother’s camper trailer. Smith walked outside his residence to investigate a motion sensor alarm, armed with a .22 caliber handgun. When he saw someone at the door of the camper trailer, he fired multiple rounds, one of which struck the victim in the upper left temple, killing her. No weapons or burglary tools were located near the victim.

The incident occurred on the Pueblo of Santa Clara and the victim was an enrolled member of the Santa Clara Pueblo. Smith is non-Indian.

 Upon his release from prison, Smith will be subject to two years of supervised release.

The Santa Fe Resident Agency of the FBI investigated this case with assistance from the Española Police Department. Assistant U.S. Attorneys Novaline Wilson and Kyle Nayback prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that a federal grand jury indicted Jeffrey Steven Clay on one count each of kidnapping and transportation for illegal sexual activity. Clay, 50, of Anthony, New Mexico, was arrested today and will remain in custody pending his initial appearance and detention hearing.

Clay is employed as the Executive Director of Analytics, Strategy, and Assessment and Public Education Information Management Systems for the El Paso Independent School District (EPISD).  Clay previously worked for EPISD in various roles including as a school principal.  

According to the indictment and other court records, on Aug. 4, 2021, Clay allegedly offered a ride to Jane Doe near Yandell Drive in El Paso, Texas. Jane Doe asked Clay to take her to a friend’s residence at a specific address in El Paso. Clay agreed to take Jane Doe to her friend’s residence, but rather than driving Jane Doe to the friend’s house, Clay allegedly drove Jane Doe out of El Paso and to his residence in Anthony, New Mexico. Clay never asked Jane Doe if she wanted to go to his residence, and Jane Doe never agreed to go anywhere with Clay besides her friend’s house in El Paso.

After arriving at his home, Clay allegedly attempted to kiss Jane Doe. When she rebuffed him, Clay allegedly struck Jane Doe in the face and handcuffed her as Jane Doe attempted to resist. Clay then allegedly took Jane Doe to a bedroom in the house where he punched her in the face multiple times and sexually assaulted Jane Doe while she remained handcuffed, crying, and repeatedly pleading with Clay to stop.

Afterward, Clay allegedly drove Jane Doe away from his residence toward El Paso. While the vehicle was stopped at a traffic light, Jane Doe escaped from the vehicle. She ran to a nearby convenience store where she asked for help. A store clerk assisted her in calling 911.

In addition to the charges in the indictment, according to court records, Clay is alleged to have previously sexually abused a minor to whom he had close access from about 2012-2014.

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

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

The FBI is seeking other potential victims in this case. Anyone with information is asked to contact the FBI at 1-800-CALL-FBI or go online to tips.fbi.gov.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Gabriel “Karma” Blea was sentenced on Nov. 8 to a term of 15 years in prison. Blea, 25, of Albuquerque, pleaded guilty on July 13 to conspiracy to distribute methamphetamine, possession with intent to distribute 50 grams and more of methamphetamine, and possessing a firearm during and in furtherance of a drug trafficking crime.

In May of 2021, Blea set up a deal to trade approximately half a pound of methamphetamine for five firearms. Unbeknownst to Blea at the time, the other parties in the transaction were undercover agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). On May 5, 2021, in Albuquerque, Blea, driven by his co-defendant, Gabriel Villasenor, arrived at the arranged meeting location with the methamphetamine in a backpack and a loaded .45 caliber pistol in his waistband. Agents took Blea into custody, and apprehended Villasenor after a brief chase.

In his plea agreement, Blea admitted that on June 4, 2021, he fled from federal custody in an effort to avoid prosecution and sentencing in this case.

On Sept. 2, Villasenor pleaded guilty to conspiracy to distribute methamphetamine and being a felon in possession of a firearm and ammunition. As a previously convicted felon, Villasenor cannot legally possess a firearm or ammunition. By the terms of his plea agreement, Villasenor faces 92 to 115 months in prison. Sentencing is scheduled for Jan. 12, 2023.

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

ATF and the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Jaymie L. Roybal prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Donavan Henry made an initial appearance in federal court on Nov. 8 facing a charge of involuntary manslaughter in Indian Country. Henry, 39, of Naschitti, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending a preliminary hearing scheduled for Nov. 14.

According to a criminal complaint, on Nov. 2, Henry allegedly was driving east on Route 134 in Sheep Springs, New Mexico, with two passengers when he lost control of his vehicle. The vehicle went off the road into shrubs, rocks and boulders. The vehicle flipped when it hit a boulder, and all three passengers were ejected from the vehicle. A Navajo Police officer arrived to find Henry underneath the vehicle and his passengers lying on the ground near the vehicle.

Henry was airlifted to San Juna Regional Medical Center. The passenger from the front seat, John Doe 1, who is also a member of the Navajo Nation, was placed in an ambulance bound for Northern Navajo Medical Center. The passenger from the back seat, John Doe 2, was placed in an ambulance going to Gallup Indian Medical Center. John Doe 1 died of his injuries while in the back of the ambulance before it left the scene.

Henry’s blood alcohol content allegedly was .16.

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

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Quinten Smith, 22, of Mexican Springs, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on Nov. 7 to six years and six months in prison for manslaughter in Indian Country. Smith pleaded guilty on May 16.

On Sept. 24, 2021, Smith and other family members went to the home of the victim, identified as John Doe, to confront him for allegedly assaulting Smith’s mother. When they arrived at the home, a physical altercation ensued. During the fight, Smith stabbed the victim multiple times in the back with a pocketknife. Smith and the others fled the home immediately.

John Doe, who was also an enrolled member of the Navajo Nation, was found deceased in his home later that day. The killing occurred on the Navajo Nation.

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

The Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Police Department investigated this case. Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Paul Lujan was sentenced on Nov. 2 to three years and six months in prison for escape. Lujan, 27, of Albuquerque, pleaded guilty on June 22.

On April 11, 2018, Lujan was convicted of using and carrying a firearm during and in relation to a crime of violence, and was sentenced to five years in prison followed by three years of supervised release. On June 29, 2020, the Bureau of Prison placed Lujan at the Diersen Charities, Diersen Residential Reentry Center in Albuquerque. Less than a month later on July 24, 2020, resident monitors discovered that Lujan was not in his assigned dorm, and securities videos showed Lujan leaving the facility without permission on July 23, 2020. Lujan did not return to the facility.

Upon completion of his prison term, Lujan will be subject to three years of supervised release.

The U.S. Marshals Service investigated this case with assistance from the Bureau of Prisons. The Albuquerque Office of the U.S. Attorney for the District of New Mexico prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Gael Rodriguez was sentenced on Nov. 1 to four years and nine months in prison for carjacking. Rodriguez, 20, a citizen of Mexico, pleaded guilty on March 23.

On Jan. 16, Rodriguez approached an elderly victim in northwest Albuquerque outside her apartment complex and asked her for a cigarette. The victim responded that she had no cigarettes and Rodriguez then demanded her purse and the keys for her vehicle. When the victim resisted, Rodriguez stabbed her hand with a knife, causing her to drop the keys. Rodriguez grabbed the keys and fled in the victim’s vehicle.

An Albuquerque Police Officer was dispatched to the scene and relayed a description of the vehicle and Rodriguez to the Rio Rancho and Corrales police departments. Police were able to locate the vehicle in Corrales. After a pursuit on foot, police subdued and arrested Rodriguez.

Upon his release from prison, Rodriguez will be subject to three years of supervised release and will be subject to deportation.

The FBI’s Albuquerque Violent Crimes Task Force (VCTF) investigated this case with assistance from the Albuquerque Police Department and the Corrales Police Department. Assistant U.S. Attorney Jaymie L. Roybal prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Luis Carlos Vásquez-Barragán, 51, of Nicolás Bravo, Chihuahua, Mexico, was sentenced to prison for possession with intent to distribute at least 50 kilograms but less than 100 kilograms of marijuana.

Vásquez-Barragán was arrested in Mexico in 2010 and extradited to the United States in 2020. He pleaded guilty on May 13, 2022. In his plea agreement, Vásquez-Barragán admitted that between March 2005 and September 2008 he imported at least 50 kilograms of marijuana into the United States on several occasions, totaling over 1,000 kilograms. Six of those shipments were seized by law enforcement in the District of New Mexico, totaling over 965 kilograms, as well as $302,507 in U.S. currency.

On Oct. 17, the court sentenced Vásquez-Barragán to 17 years and one month in prison. On Oct. 27, an addendum to the plea agreement was filed acknowledging that Vásquez-Barragán already had served nine years, five months and seven days of incarceration in Mexico on a related case while awaiting extradition to the United States. Pursuant to the addendum to the plea agreement, the Court imposed a sentence of seven years and seven months in prison, beginning from the date of his extradition to the United States.

The Drug Enforcement Administration investigated this case as part of the Organized Crime Drug Enforcement Task Force (OCDETF) Green Reaper investigation with assistance from the U.S. Marshals Service (USMS) and the Mexican Federal Police. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

The Justice Department’s Office of International Affairs worked with USMS and law enforcement partners in Mexico to secure the arrest and extradition of Vásquez-Barragán to the United States. Assistant United States Attorneys Elaine Ramirez, Steve Kotz and Sean Sullivan and U.S. Attorney Uballez prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Maurice Lacey made an initial appearance on Oct. 31 in federal court on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. Lacey, 64, of Albuquerque, will remain in custody pending a detention hearing scheduled for Nov. 2.

As alleged in the complaint, on Oct. 21, Lacey shot a family member at the Walmart Neighborhood Market on Cutler Avenue NE in Albuquerque. Lacey allegedly walked into the breakroom, pulled a 9mm pistol from his waistband and shot the victim in the back of the head. Lacey then allegedly walked to the customer service area and placed the firearm on the counter.

Albuquerque Police officers responding to the scene took Lacey into custody without further incident. The victim was transported to a hospital for emergency treatment.

On Oct. 17, the victim had been granted a temporary restraining order against Lacey, who was served with a copy of the order on Oct. 18.

Previously, Lacey had been convicted of aggravated battery with a deadly weapon and was twice convicted of trafficking controlled substances with intent to distribute. As a previously convicted felon, Lacey cannot possess a firearm or ammunition.

“Gun violence will not be tolerated in our community,” said U.S. Attorney Uballez. “Federal agents and prosecutors are working hand-in-hand and case-by-case with state prosecutors and local law enforcement to bring justice to those who resort to violence. Together, we will hold shooters and murderers responsible and restore safety to our streets.”

“ATF is committed to working with our federal, state and local partners to remove violent criminals from the general public and help make our communities a safer place to live and work,” said Brenden Iber, ATF Special Agent in Charge of the Phoenix Field Division. 

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of this charge, Lacey faces up to 15 years in prison.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Timothy D. Trembley is prosecuting the case.

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Larry Gene Charley made an initial appearance on Oct. 28 in federal court on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury in Indian Country. Charley, 60, of Sundance, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending a preliminary and detention hearing scheduled for November 1, 2022.

According to the complaint, Charley allegedly arrived at the victim’s home on Roadrunner Road in Sundance early on Oct. 21. Charley allegedly knocked at the door and entered, then walked to a bedroom where he found the victim lying in bed. Charley allegedly stabbed the victim in the chest before two other residents in the home heard the scuffle and forced Charley from the house.

During the struggle, the victim grabbed the knife, which caused cuts to his hands. The victim also suffered a collapsed lung as a result of the stabbing. The victim was transported to Gallup Indian Medical Center for care.

The incident occurred on the Navajo Nation, and the victim is an enrolled member of the Navajo Nation.

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

The Navajo Department of Criminal Investigation and the Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Kimberly Bell is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Perfinna King was sentenced to two years and three months in prison. King, 43, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on May 25 to assault with a dangerous weapon in Indian Country.

On Nov. 2, 2020, King swerved into the lane of another vehicle. The other driver pulled over, believing it was a relative playing a joke on him. Instead, it was King, who began cursing and threatening him. When the other driver took a photo of King’s license plate, King attempted to hit the driver with his vehicle. King then shot out the rear driver side window and the rear window with an air pistol.

The incident occurred in San Juan County, New Mexico, on the Navajo Nation.

Upon release from prison, King will be subject to three 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. Assistant United States Attorney Nicholas J. Marshall prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Lynnette Chavez was arraigned on Oct. 25 on an indictment charging her with assault on a federal officer. Chavez, 26, of New Laguna, New Mexico, and an enrolled member of the Pueblo of Laguna, will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Chavez on April 22, 2021. According to the indictment, on Dec. 18, 2018, Chavez allegedly assaulted a Laguna Police officer, who is a federal officer by virtue of his Special Law Enforcement Commission from the Bureau of Indian Affairs (BIA). The alleged assault occurred on the Pueblo of Laguna.

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

The BIA investigated this case with assistance from the Laguna Police Department. Assistant United States Attorney Alexander F. Flores is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jonathan Jojola was sentenced on Oct. 26 to two years in prison. Jojola, 34, of Isleta, New Mexico, and an enrolled member of the Isleta Pueblo, pleaded guilty on May 6 to assault of an intimate partner by strangling.

On March 19, 2021, Jojola assaulted his intimate partner, identified as Jane Doe, at his home on the Isleta Pueblo. In his plea agreement, Jojola admitted that he strangled Jane Doe during the assault.

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

The Isleta Police Department investigated this case. Special Assistant United States Attorney Chelsea Van Deventer prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Maylene John made an initial appearance in federal court on a criminal complaint charging her with murder in Indian Country. John, 32, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending a preliminary and detention hearing scheduled for October 31.

As alleged in the complaint, in the early morning hours of Oct. 24, John stabbed her child in the chest. Another family member heard the child scream for help and rushed to John’s bedroom. The door was locked, so the family member kicked it open. They found the child, identified as Jane Doe, lying on the floor with a stab wound to the torso, and saw John allegedly sitting at the foot of her bed holding a knife. As the family member provided a blanket to Jane Doe to apply pressure to the wound, John allegedly put the knife to her neck, at which point the family member forced her to drop it, and the family member threw the knife out of the room.

The family member went to a neighbor’s house for help. The neighbor called for assistance while the family member returned to John’s house. John was in the bedroom with Jane Doe and would not allow the family member to enter.

When Navajo Police and Emergency Medical Services (EMS) arrived, John was taken into custody while EMS attempted to revive Jane Doe. At 3:42am, Jane Doe was declared dead.

The alleged murder was committed on the Navajo Nation and Jane Doe was an enrolled member of the Navajo Nation.

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

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

# # #

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 Shane Watkins was charged by criminal complaint with making interstate threats. Watkins, 36, of La Mesa, New Mexico, made an initial appearance in court on Oct. 26 and will remain in custody pending a preliminary and detention hearing scheduled for Oct. 31.

According to the complaint, Watkins allegedly made telephone calls on Sept. 16, 2021, and June 29, 2022, to the Lower Rio Grande Public Water Works Authority (LRGPWWA) threatening to burn the LRGPWWA. On Sept. 17, 2021, LRGPWWA received a message from an email account associated with Watkins. The email message contained threats similar to those Watkins allegedly made by telephone.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Watkins 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 Doña Ana County Sheriff’s Office. Assistant United States Attorney Mark Standridge 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 a federal jury on Oct. 25 returned a guilty verdict on Elias Gallegos. The jury convicted Gallegos, 27, of Albuquerque, of assaulting a federal officer using a deadly or dangerous weapon, a knife.

Gallegos assaulted a U.S. Postal Service letter carrier on Sept. 17, 2021, as the letter carrier was delivering mail on foot near the corner of Constitution Avenue NE and Monroe St. NE in Albuquerque. Gallegos brandished a knife at the letter carrier, chased him, and then threw a rock at him, which missed.

The letter carrier returned to his mail truck and called 911. As Albuquerque police responded to the scene and attempted to approach Gallegos, Gallegos fled on foot. Gallegos jumped several residential backyard fences before police contained him to a shed in the backyard of a residence on Manzano Street. When Gallegos attempted to approach the back door of the residence, officers apprehended him. During a search of the shed where Gallegos had been hiding, officers found a torch lighter and the pocketknife used in the assault.

“Letter carriers take pride in meeting their appointed rounds regardless of the wrath of the elements,” said U.S. Attorney Uballez. “Our responsibility is to ensure they remain unharmed by assailants as they carry out their duties. I want to thank our Assistant U.S. Attorneys whose hard work won this verdict, as well as our law enforcement partners at the U.S. Postal Inspection Service and the Albuquerque Police Department for investigating this case.”

“The safety of our employees is critical to our mission. U.S. Postal Inspectors will continue to investigate all acts of violence against our employees and bring those who attack them to justice,” stated Melisa Llosa, Inspector in Charge of the USPIS Phoenix Division.

Gallegos will remain in custody pending sentencing, which has not been scheduled. He faces up to up to 20 years in prison.

The U.S. Postal Inspection Service and the Albuquerque Police Department investigated this case. Assistant United States Attorneys Samuel A. Hurtado and Patrick Cordova are prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jeffery Dean Biddle 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. Biddle, 41, of Deming, New Mexico, will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court records, from about June 24, 2021, to Sept. 4, 2021, Biddle used his cell phone to knowingly coerce someone he believed to be an eight-year-old girl to take pornographic photos to send to him by text message. Biddle specifically requested “naked” pictures and asked for nude photographs approximately 24 times. During these text exchanges, Biddle also sent nude photographs of himself. On June 24, 2021, Aug. 1, 2021, and Sept. 4, 2021, Biddle knowingly received and attempted to receive child pornography from the person he believed was eight years old.

By the terms of his plea agreement, Biddle faces a minimum of 35 years and up to life in prison.

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, 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 nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.

Assistant 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, announced that Stacy M. Underwood pleaded guilty on Oct. 21 to conspiracy to defraud the United States. Underwood, 51, of Albuquerque, will remain on conditions of release pending sentencing, which has not been scheduled.

According to the plea agreement and other court records, beginning in January 2005, Underwood and her business partner, David Wellington, 62, of Albuquerque, operated National Business Services, which promoted, sold and created Limited Liability Companies (LLCs) under New Mexico State Law. For many clients, National Business Services would open bank accounts under the names and IRS employer identification numbers (EIDs) of the LLCs, and the clients – whose names were not associated with the bank accounts - would have access to the funds in those accounts. Clients received debit cards, online bank access information and pre-signed checks with Underwood’s signature, which clients could use to access the money despite the bank never associating the client with the account.

Underwood and Wellington organized at least 192 LLCs in New Mexico between 2005 and 2015 on behalf of clients seeking to shield income from the IRS. Underwood opened at least 114 bank accounts for these clients. Underwood was the sole signer for 99 such accounts. Between Jan. 1, 2011, and July 31, 2018, over $40 million was deposited into clients’ accounts that were in the nominal control of Underwood.

Wellington was indicted on June 23, 2021, along with National Business Services client Jerry Shrock, 47, of Meadowview, Virginia. Wellington was arraigned on July 9, 2021, and Shrock was arraigned on June 15, 2021. Wellington and Schrock are charged with conspiracy to defraud the United States. Wellington faces an additional count of operation of an unlicensed money transmitting business. Wellington and Shrock remain on conditions of release pending trial, which is scheduled for Feb. 21, 2023.

According to the indictment, National Business Services created multiple LLCs in New Mexico for Shrock. Between May 9, 2011, and June 30, 2015, Shrock allegedly deposited and withdrew approximately $4,875,940, of which at least $4,347,101 was income for which Shrock never filed a personal or business tax return with the IRS.

Underwood and Shrock face up to five years in prison. Wellington faces up to 10 years in prison.

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

# # #

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Diane Mariani, 67, of Taos, New Mexico, was sentenced on Oct. 19 to three months in prison and nine months on home detention for willful failure to collect or pay over tax. The Court further ordered Mariani to pay $203,137 as restitution for the Internal Revenue Service, and to pay an additional $150,000 fine. Mariani pleaded guilty on May 18.

Until 2015, Mariani was co-owner, operator and treasurer of Taos RPM LLC, and beginning in 2015 Mariani, was co-owner, operator, and treasurer of Mountain Resort Management, Inc., in Taos, New Mexico. Mountain Resort Management did business as Snakedance Condominiums, Bumps Market and Hondo Restaurant. Mariani was responsible for paying employees of Snakedance Condominiums and Mountain Resort Management and knew she had a duty to withhold federal income taxes, Social Security taxes, and Medicare taxes – collectively referred to as “trust fund taxes” – from employee paychecks. She also knew that she had a duty to report those taxes on a quarterly basis and to deposit those taxes on a regular basis.

From the first quarter of 2015 through the fourth quarter of 2018, Mariani withheld at least $203,137 in trust fund taxes from the employees she paid. Mariani willfully failed to pay those taxes to the IRS.

Upon completion of her prison and home detention sentence, Mariani will be subject to three years of supervised release.

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

# # #

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Augustin Gallegos pleaded guilty on Oct. 17 to production of child pornography. Gallegos, 37, of Portales, New Mexico, will remain in custody pending sentencing, which has been scheduled for Jan. 17, 2023.

According to the plea agreement and other court records, from approximately March 31, 2018, to May 16, 2019, Gallegos knowingly persuaded, induced, enticed and coerced a child, identified as Jane Doe, to engage in sexually explicit conduct for the purpose of producing child pornography. Gallegos engaged in sexual acts with the victim, who was approximately nine years old at the time, and photographed the acts. The images were later located on a memory card inside a Sony Cybershot digital camera.

By the terms of the plea agreement, Gallegos faces 18 to 23 years in prison and must register as a sex offender.

The case was investigated by the Roswell Resident Agency of the FBI Albuquerque Field Office and the Regional Computer Forensic Laboratory, with assistance from the Texico (New Mexico) Police Department, Portales Police Department, and 9th Judicial District Attorney’s Office, as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force.  The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.

The United States Attorney’s Office 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, announced today that Pholopater Faltas was arraigned on an indictment charging him with eight counts of mail fraud and two counts of wire fraud. Faltas, 24, of Albuquerque, will remain on conditions of release pending trial, which has not yet been scheduled.

A federal grand jury indicted Faltas on October 12.

In response to the COVID-19 pandemic, Congress passed the CARES Act, which was signed into law on March 27, 2020. Among other provisions, the CARES Act bolstered and expanded unemployment insurance. In New Mexico, unemployment insurance is administered by the New Mexico Department of Workforce Solutions, and claimants may apply either over the phone or online, using the New Mexico Workforce Connection Online System.  Eligible claimants can receive payments by direct deposit to their bank account or a prepaid debit card.

According to the indictment, Faltas allegedly recruited participants to his scheme by telling them he would submit applications for benefits on their behalf. If the applications were approved, Faltas allegedly would cause the funds to be disbursed to debit cards and bank accounts that he possessed and controlled. Faltas then either provided only a small fraction of the benefits to participants, falsely informing them that they were receiving all the benefits disbursed, or falsely informed participants that their applications had been denied. In either case, Faltas retained all or most of the assistance funds disbursed. The activity alleged in the indictment occurred in the early stages of the COVID-19 pandemic, between April and October of 2020. 

Some of the participants in whose names Faltas submitted applications were not eligible for benefits, including because certain applicants were not actually residents of New Mexico. In those cases, Faltas included and aided and abetted the inclusion of materially false pretenses, representations, and promises calculated to make the purported applicant appear eligible, including by claiming non-New Mexico residents lived at addresses in New Mexico.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Faltas faces up to 30 years in prison.

The United States Secret Service, Albuquerque Resident Office, and the Bernalillo County Sheriff’s Office investigated this case with assistance from the Department of Labor – Office of the Inspector General. Assistant United States Attorney Taylor F. Hartstein is prosecuting the case.

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ALBUQUERQUE, N.M. – United States Attorney Alexander M.M. Uballez announced today that Assistant United States Attorney (AUSA) Jeremy Peña will lead the efforts of his office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2022, general election. AUSA Peña has been appointed to serve as the District Election Officer (DEO) for the District of New Mexico, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.

“Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election,” said United States Attorney Uballez. “Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence.  The Department of Justice will always work tirelessly to protect the integrity of the election process.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).

United States Attorney Uballez stated that: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Peña will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: (505) 224-1451 and (505) 269-2038.”

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The FBI Albuquerque Field Office can be reached by the public at 1-800-CALL-FBI or (505) 889-1300.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC, by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .

“Ensuring free and fair elections depends in large part on the assistance of the American electorate,” said United States Attorney Uballez. “It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

# # #

ALBUQUERQUE, N.M. – U.S. Attorney Alexander M.M. Uballez announced today that the Department of Justice has awarded $175,450 to support the Project Safe Neighborhoods Program in the District of New Mexico. Funding will support community efforts to address the epidemic of gun crime and serious violence in the district. The grant, to the New Mexico Department of Public Safety, is one of a number of awards being made to state and local agencies across the country. Funds are administered by the Bureau of Justice Assistance, part of the Department’s Office of Justice Programs.

Launched two decades ago as an evidence-based and community-oriented response to serious gun crime, Project Safe Neighborhoods, known as PSN, is a key component of the Department’s Comprehensive Strategy for Reducing Violent Crime, outlined by Deputy Attorney General Monaco in May 2021. The PSN approach is guided by four key principles: fostering trust and legitimacy in our communities; supporting community-based organizations that help prevent violence from occurring in the first place; setting focused and strategic enforcement priorities; and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.

“Reducing violence and sustaining those reductions will require strong partnerships between criminal justice agencies and community stakeholders and a shared commitment to the safety and well-being of every community member,” said OJP Deputy Assistant Attorney General Maureen Henneberg. “The investments we are making through Project Safe Neighborhoods will enable every stakeholder to play a part in building safer and healthier communities.”

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

“Over its two-decade history, Project Safe Neighborhoods has evolved to meet the complex challenges of community violence by enlisting the insights and expertise of local partners and by relying on the latest evidence,” said BJA Director Karhlton F. Moore. “We are proud to support our U.S. Attorneys and their allies in their critical work to curb violent crime and build the mutual trust necessary to ensure lasting success.”

The awards announced above are being made as part of the regular end-of-fiscal year cycle. More information about awards under PSN and other OJP grants can be found on the OJP Grant Awards Page.

The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law.  More information about OJP and its components can be found at  www.ojp.gov.

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that on Oct. 18 Derick Martin Garcia Pacheco was sentenced to 11 years and 3 months in prison. Garcia Pacheco, 33, of Albuquerque, pleaded guilty on May 10 to one count of assault on a federal officer using a deadly or dangerous weapon and inflicting bodily injury and one count of being a felon in possession of firearms and ammunition.

On December 11, 2020, FBI Agents and task force officers arrived at Garcia Pacheco’s residence in Albuquerque to perform a search pursuant to a federal warrant. Agents in tactical gear with clear law enforcement markings knocked at the door and announced themselves as federal officers. Garcia Pacheco armed himself with a .357 revolver and fired through the door, striking one of the agents in the arm. The agent was seriously injured, requiring surgery and hospitalization.

After Garcia Pacheco shot the agent, other officers secured the scene and the FBI Special Weapons and Tactics (SWAT) unit responded to assist in executing the warrant, and Garcia Pacheco was detained. During a search of the residence, law enforcement located two firearms concealed between a mattress and box spring inside a rear bedroom. One of the firearms was the .357 revolver used to shoot the agent.

“We owe a special debt of gratitude to those in law enforcement who risk their lives to keep our community safe,” said U.S. Attorney Uballez. “It is an honor to serve with such courageous federal agents. Their bravery inspires all of us to relentlessly seek a more just, selfless, and safe world.”

“The FBI's motto is Fidelity, Bravery, and Integrity, the virtues exemplified by our special agent injured in this senseless assault,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “As this​ hero continues to recover, the public can rest assured the FBI has a full division of agents on the streets ready and determined to put their lives on the line to keep our communities safe.”

In his plea, Garcia Pacheco acknowledged that he knew at the time of the incident that as a previously convicted felon he cannot legally possess firearms or ammunition.

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

The FBI Albuquerque Field Office investigated this case. Assistant United States Attorneys with the United States Attorney’s Office for the District of New Mexico prosecuted this case. 

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that on Oct. 14 a federal jury returned a guilty verdict on Martin Lopez. The jury convicted Lopez, 37, of Española, New Mexico, on one count each of carjacking and brandishing a firearm during and in relation to a crime of violence.

A federal grand jury indicted Lopez on March 12, 2021.

According to court records, on Oct. 31, 2020, the victim, identified as Jane Doe 1, who had been dating Lopez, ended her relationship with him that morning. She and a friend, identified as Jane Doe 2, attempted to deliver Lopez’s belongings to his friend who worked at an O’Reilly’s Auto Parts store in Española, New Mexico. As Jane Doe 1, was retrieving Lopez’s belongings from her vehicle, Lopez appeared, threatened the women, and forced his way into the vehicle at gunpoint.

Lopez struck both victims with his gun as he drove to an apartment complex where he pushed Jane Doe 2 out of the car. Later, New Mexico State Police were able to locate the car, the victim, and Lopez. Lopez fled as law enforcement arrived.

"This meaningful verdict comes during Domestic Violence Awareness Month,” said U.S. Attorney Uballez. “Intimate partner violence affects those who are abused as well as family members, friends, co-workers, other witnesses, and the community at large. We have a duty to use all of the tools at our disposal, and work in partnership with local law enforcement, to ensure survivors have a viable path to safety and justice.”

“The FBI investigates violence that threatens to undermine the security of our communities,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “Domestic violence is particularly egregious because it involves a person abusing someone who trusted them. We hope this verdict during Domestic Violence Awareness Month sends a clear signal this type of behavior will not be tolerated and will be thoroughly investigated and prosecuted.”

Lopez will remain in custody pending sentencing, which has not been scheduled. He faces a minimum of seven years and up to life in prison.

The FBI and the New Mexico State Police investigated this case. Assistant U.S. Attorneys Jaymie L. Roybal and Letitia Carroll Simms are prosecuting the case.

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Lance Marion Cojo was sentenced on Oct. 11 to two years in prison. Cojo, 36, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, pleaded guilty on April 26 to one count of assault of an intimate or dating partner resulting in substantial bodily injury and one count of assault of an intimate or dating partner by strangling.

On Dec. 31, 2021, on the Mescalero Apache Reservation, in Otero County, New Mexico, Cojo assaulted a victim, identified in court records as Jane Doe. Over the course of two days, the victim was severely beaten by Cojo. Cojo’s assault resulted in serious injuries to Jane Doe, who is also a member of the Mescalero Apache Tribe. Jane Doe was taken to a medical center for her injuries where she was treated for a collapsed lung, fractured ribs, and bruising to both eyes, face, neck and ribs.

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

The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Matilda McCarthy Villalobos prosecuted the case.

Anyone experiencing domestic violence or who knows someone experiencing domestic violence can reach an advocate at the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY).

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Richard Orlinski “Sugar” Sanchez, 44, of Dexter, New Mexico, was sentenced to 23 years in prison on Oct. 12.

On Aug. 26, 2021, Sanchez pleaded guilty to: one count of conspiracy to distribute 50 grams and more of methamphetamine; one count of attempted possession with intent to distribute 50 grams and more of methamphetamine; four counts of distribution of 50 grams and more of methamphetamine; 25 counts of use of a communication facility to further the commission of a drug trafficking crime; one count of possession with intent to distribute 50 grams and more of a mixture and substance containing methamphetamine, aiding and abetting; one count of distribution of 50 grams and more of methamphetamine, aiding and abetting; one count of distribution of 50 grams and more of a mixture and substance containing methamphetamine, aiding and abetting; one count of distribution of a mixture and substance containing methamphetamine, aiding and abetting; two counts of possession with intent to distribute 500 grams and more of a mixture and substance containing methamphetamine, aiding and abetting; one count of causing a financial institution to fail to file a report; one count of money laundering conspiracy; one count of money laundering, aiding and abetting; one count of distribution of 500 grams and more of a mixture and substance containing methamphetamine, aiding and abetting; one count of possession with intent to distribute 50 grams and more of methamphetamine, aiding and abetting; one count of being a felon in possession of firearms and ammunition; and one count of using and carrying a firearm during and in relation to a drug trafficking crime, and possessing a firearm in furtherance of such crime.

In his plea agreement, Sanchez admitted that between February and August of 2020, he conspired with others to distribute methamphetamine in Roswell, New Mexico, and launder the proceeds from their drug trafficking activity. Sanchez admitted to receiving shipments of methamphetamine, arranging sales of methamphetamine, delivering methamphetamine, and selling methamphetamine. Sanchez sometimes used telephones to arrange sales or delivery of methamphetamine, in violation of federal law.

Sanchez acknowledged that he had committed money laundering by using drug trafficking proceeds as a down payment to purchase a Yukon Denali, but had the paperwork for the purchase in his mother’s name to avoid scrutiny as he had no legitimate source of income. Sanchez also asked an employee at the dealership to falsify the paperwork for the purchase so that the dealership would not have to file a legally required report showing that Sanchez had provided over $10,000 to the dealership.

On Aug. l0, 2020, Sanchez fled from law enforcement after hiding a dogfood bag filled with 11.818 net kilograms of pure methamphetamine. As he fled, Sanchez threw another 86.9 grams of pure methamphetamine, a gun and a loaded magazine out of his vehicle, while still in possession of another loaded gun and $9,188 in cash. At that time, Sanchez was a previously convicted felon and could not legally possess firearms or ammunition.

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

Codefendant Ignacio “Nacho” Chavez was sentenced on Aug. 30 to 14 years in prison followed by five years of supervised release. Juan “Moe” Florez was sentenced on May 26 to 13 years in prison followed by five years of supervised release. Antonio Acosta was sentenced on Aug. 31 to 15 years in prison followed by five years of supervised release. Randy Reid was sentenced on July 19 to five years and 10 months in prison followed by five years of supervised release. Naomi Najar was sentenced on Aug. 19, 2021, to seven years in prison followed by four years of supervised release. John Michael “Mike” Esquibel was sentenced on Aug. 31 to five years in prison followed by five years of supervised release. Richard Ortega was sentenced on Aug. 31 to three years in prison followed by two years of supervised release. Gordon Moss was sentenced on April 27 to three years and 10 months in prison followed by three years of supervised release. Ruben Morones was sentenced on May 26 to 10 years and one month in prison followed by five years of supervised release. John Lopez was sentenced on Nov. 21, 2021, to 10 years in prison followed by five years of supervised release. Melissa Medina was sentenced on June 16 to two years of probation. Krystyna Sanchez was sentenced on Aug. 31 to two years of probation.

Juan Silvas pleaded guilty on Aug. 10, 2021, to conspiracy to distribute 50 grams and more of methamphetamine, and remains in custody pending sentencing.

This investigation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.

The investigation included agents from the Drug Enforcement Administration, Homeland Security Investigations, the U.S. Marshals Service, the Chaves County Metro Narcotics Task Force, the Pecos Valley Drug Task Force and IRS Criminal Investigation.

The High Intensity Drug Trafficking Areas (HIDTA) Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The HIDTA Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department. Both are part of the New Mexico HIDTA Region VI Drug Task Force. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

The Las Cruces branch of the U.S. Attorney’s Office for the District of New Mexico is prosecuting this case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that a federal grand jury on Oct. 12 returned a four-count superseding indictment against Malcolm Torres charging him with first degree felony murder, second degree murder of a child, assault resulting in serious bodily injury of a child under the age of 18, and tampering with a victim, witness, or informant. Torres, 29, of Española, New Mexico, is scheduled for arraignment on Oct. 20, and will remain in custody pending trial.

According to the indictment and other court records, on Sept. 7, 2019, Torres, who is not an enrolled member of any federally recognized Tribe, allegedly abused the victim, identified as Jane Doe, at his home in Española on the Santa Clara Pueblo. Jane Doe, who is Indian by federal law, and was five years old at the time, died as the result of the abuse.

On Sept. 8, 2019, Torres allegedly disposed of Jane Doe’s body in an attempt to avoid detection of his crimes.

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

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 Attorneys Jack Burkhead and Letitia Carroll Simms are prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Brian Wallace made an initial appearance in federal court on Oct. 11 on a criminal complaint charging him with murder in Indian Country. Wallace, 44, of Zuni, New Mexico, and an enrolled member of the Zuni Pueblo, will remain in custody pending a preliminary and detention hearing scheduled for Oct. 13.

According to the complaint, Wallace allegedly killed a victim, identified as John Doe, and buried him at a residence on the Zuni Pueblo on an unknown date. The victim was an enrolled member of the Zuni Pueblo.

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

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the FBI Phoenix Field Office and Zuni Police Department. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Betrina Grey pleaded guilty on Oct. 11 to involuntary manslaughter and assault resulting in serious bodily injury in Indian Country. Grey, 31, 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 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. Grey faces up to 10 years in prison.

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. – On Oct. 5, Alexander M.M. Uballez, the United States Attorney for the District of New Mexico, hosted delegations from the Pueblo of Acoma, Pueblo of Isleta, Pueblo of Laguna, Pueblo of Nambé, Pueblo of Pojoaque, Ohkay Owingeh, Pueblo of Sandia, Pueblo of Santa Ana, Pueblo of San Felipe, Pueblo of Zuni, Mescalero Apache Tribe, Navajo Nation, Bureau of Indian Affairs, and the Coalition to Stop Violence Against Native Women in a Special Session Tribal Consultation held in Albuquerque.

The Special Session was the beginning of an ongoing conversation with Tribal law enforcement partners about public safety efforts in Tribal Territories. The Tribal delegations provided comment and recommendations regarding the demand for additional resources to combat violence against women, youth and children, the necessity of more flexible intake criteria and support for drug trafficking investigations, and the need for additional training.

“On Indigenous Peoples’ Day, and every day, the United States Attorney’s Office is committed to working alongside, and learning from our Tribal partners, with respect, sincerity and a shared interest in the wellbeing of our community,” said U.S. Attorney Uballez. “Indigenous knowledge through Tribal consultation is at the heart of this effort. Our approach will be victim-centered, trauma-informed, and culturally sensitive. Everyone deserves to feel safe in their community and confident that law enforcement will be vigilant in the investigation of crimes against community members.”

One of the new initiatives to address public safety in Indian Country is the assignment of an individual AUSA liaison to each Tribal community in the state of New Mexico. The Special Session was an opportunity for Tribal leaders and law enforcement to meet with their Tribal liaison and address the U.S. Attorney. Representatives from each Pueblo, Tribe and Nation in attendance provided comments relating to issues unique to their communities as well as issues common throughout the District of New Mexico.

U.S. Attorney Uballez, Executive Assistant U.S. Attorney Aja Brooks, Criminal Chief Kristopher Houghton, Indian Country Crimes Section Supervisor Elisa Dimas along with Tribal Liaisons Kyle Nayback, Eliot Neal, Alexander Flores, Nicholas Marshall, Brittany DuChaussee, Mark Pfizenmayer, Matthew McGinley, and Novaline Wilson, as well as Law Enforcement Coordinator Alyssa Skrepcinski received the comments. The U.S. Attorney’s Office will incorporate the comments into an Operational Plan to address public safety in Indian Country.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that on Oct. 5, Anthony Faustine, 42, of Acoma, New Mexico, and an enrolled member of the Pueblo of Acoma, was sentenced on to five years and 10 months in prison for involuntary manslaughter in Indian Country.

Faustine pleaded guilty on Jan. 26. On April 22, 2020, Faustine attempted to evade law enforcement while driving with a blood alcohol level at twice the legal limit. When Faustine lost control of the vehicle, a passenger, identified in court records as John Doe, was ejected and died from injuries sustained in the crash. The incident occurred on the Pueblo of Laguna.

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

The Bureau of Indian Affairs investigated this case with assistance from the New Mexico State Police and Laguna Police Department. Assistant United States Attorney Nicholas J. Marshall prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and James VanVliet, Acting Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced today that Delbert Tyler Trevino was charged with possession of an unregistered short barrel rifle. Trevino, 31, of Las Cruces, New Mexico, appeared in federal court today for a detention hearing and will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, in response to a report of suspicious activity, investigators with the Doña Ana Sheriff’s Office obtained a search warrant for a residence in Mesilla Park, where Trevino was house sitting. While conducting the search on Sept. 2, deputies located a multi-caliber rifle in the bedroom in which Trevino was staying.

Investigators concluded that the barrel of the rifle was only 13 inches. Rifles with a barrel length under 16 inches are considered short barrel rifles and must be registered in the National Firearms and Transfer Record. A query of the record indicated that the rifle was not registered.

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

The Las Cruces Field Office of Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case with assistance from the Doña Ana County Sheriff’s Office and the Las Cruces Police Department. Anyone with information relating to this matter is encouraged to contact ATF at 1-888-ATF-TIPS or ATFTips@atf.gov.

Assistant United States Attorneys Maria Y. Armijo and Luke Rizzo Cascio 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 James VanVliet, Acting Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced today that Edward Lee Walters was charged with possession of firearms by a person subject to a court order. Walters, 54, of Las Cruces, New Mexico, appeared in federal court today for a detention hearing and will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, on June 15, a stipulated order of protection was filed restraining Walters from committing acts of abuse or threats of abuse and from having any contact with his former intimate partner, identified as V1, with whom he shares a child. That order is in effect until June 15, 2024. On July 21, an order of protection restraining Walters was issued and is effective until July 21, 2036.

On Sept. 14, Doña Ana Sheriff Deputies responded to a 911 call reporting that Walters was in V1’s residence in Las Cruces. As alleged in the complaint, deputies found Walters with V1 in the garage. Deputies escorted V1 and her child out of the residence.

Walters then allegedly barricaded himself inside the residence, but later surrendered. Deputies executed a search warrant on the residence and located a handgun, a rifle, two pipe bombs and a lighter. Walters was placed under arrest.

Under federal law, as a person subject to a protective order, Walters cannot possess firearms or ammunition.

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

The Las Cruces Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Doña Ana County Sheriff’s Office. Assistant United States Attorney Maria Y. Armijo 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 a federal jury on Sept. 28 returned a guilty verdict on Michael Bauldwin. The jury convicted Bauldwin, 43, of Albuquerque, on two counts of production of child pornography.

A federal grand jury indicted Bauldwin on Oct. 19, 2019.

On Oct. 9, 2019, officers from the Albuquerque Police Department (APD) responded to a report of suspected child pornography on Bauldwin’s electronic tablet. The responding officers notified APD’s Child Exploitation Detail (“CED”) and Crimes Against Children Unit (“CACU”). The tablet contained videos showing Bauldwin engaged in sexual acts with a minor victim.

Bauldwin will remain in custody pending sentencing, which has not been scheduled. He faces a minimum of 15 years and up to 30 years in prison as to each count and must register as a sex offender.

The FBI Albuquerque Field Office and APD investigated this case. This case was investigated as part of Project Safe Childhood (PSC) and the New Mexico Internet Crimes Against Children (ICAC) Task Force. Project Safe Childhood is 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/.

The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.

Assistant United States Attorneys Eva M. Fontanez and Sarah J. Mease are prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Tyler Sando was sentenced on Sept. 28 to three years and five months in prison. Sando, 32, of the Pueblo of Jemez, New Mexico, and an enrolled member of the Pueblo of Jemez, pleaded guilty on May 19 to assault resulting in serious bodily injury in Indian Country and assaulting, resisting or impeding a federal officer involving physical contact.

On Aug. 11, 2020, on the Pueblo of Jemez, Sando got out of his vehicle, approached a victim and proceeded to strike him about the head and face. Sando then returned to his car and left. As a result of Sando’s assault, the victim suffered a subdural hematoma, needed staples to close a laceration on his head that left a scar, suffered daily headaches, and had blurry vision for a period of time.

On Nov. 16, 2020, Sando sped through a COVID checkpoint entering the Jemez Pueblo and crashed his vehicle. Law enforcement pursued Sando as he attempted to run away, and arrested him inside a residence. After Sando’s arrest, a federal officer attempted to interview him. Sando cursed at the officer and spat in his face.

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

The FBI Albuquerque Field Office investigated this case with assistance from the Jemez Pueblo Police Department. Assistant United States Attorneys Nicholas J. Marshall and Novaline D. Wilson prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Elijah Cudei Etsitty was arraigned on an indictment charging him with assault resulting in serious bodily injury in Indian Country. Etsitty, 25, of Fruitland, New Mexico, 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 Etsitty on Aug. 23. According to the indictment and other court records, on June 27, 2021, Etsitty assaulted a victim, identified as Jane Doe, in San Juan County, New Mexico, on the Navajo Nation. The assault resulted in serious bodily injury to Jane Doe.

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

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Shiprock Police Department. Assistant United States Attorney Mark Pfizenmayer is prosecuting the case.

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