District of New Mexico

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Derek Lorin Blackhorse was arraigned on Sept. 29 on a three-count indictment charging him with attempted aggravated sexual abuse, abusive sexual contact and attempted sexual abuse. Blackhorse, 33, of Fruitland, 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 Blackhorse on Aug. 23. According to the indictment and other court records, on May 28, 2021, Blackhorse allegedly engaged in abusive sexual contact with a minor victim, identified as Jane Doe. The indictment also alleges that Blackhorse attempted to engage in sexual activity with Jane Doe.

In a separate incident on June 21, 2021, Blackhorse allegedly attempted to engage in a sexual act with a minor victim, identified in the indictment as John Doe.

Jane Doe and John Doe are enrolled members of the Navajo Nation and the alleged offenses occurred on the Navajo Nation.

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

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Mark Pfizenmayer 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 that a federal jury returned a guilty verdict on Sept 29 on Jonathan Tony Sanchez. The jury convicted Sanchez, 36, of Albuquerque, of being a felon in possession of a firearm.

A federal grand jury indicted Sanchez on Jan. 25. According to the indictment and other court records, law enforcement was seeking Sanchez after he absconded from parole. On March 10, officers with the New Mexico Corrections Department (NMCD) Security Threat Intelligence Unit (STIU) and deputies with the Bernalillo County Sheriff’s Office (BCSO) located Sanchez at an apartment on Wellesley Drive NE in Albuquerque. They also found a .40 caliber pistol in the apartment. DNA on the pistol matched Sanchez’s DNA.

At the time of the arrest, Sanchez was on parole for possession of a controlled substance and had previous convictions for robbery, trafficking a controlled substance and receiving/transferring a stolen vehicle. As a convicted felon, Sanchez cannot possess firearms or ammunition.

Sanchez will remain in custody pending sentencing, which has not been scheduled. He faces up to 10 years in prison.

The FBI Albuquerque Field Office and the NMCD STIU investigated this case with assistance from BCSO. Assistant United States Attorneys Ry Ellison and Randy M. Castellano are prosecuting the case.

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WASHINGTON – Former prisoner transport officer Anthony Buntyn, 55, was convicted of a felony civil rights offense for abusing detainees in his care.

According to court documents and evidence presented at trial, Buntyn was a prisoner transport officer employed by Prisoner Transportation Services of America (PTS), a company hired by local jails and prisons throughout the country to transport people who had been arrested pursuant to out-of-state warrants and needed to be transported back to the states that had issued the warrants. Buntyn was the supervising officer on a March 2017 PTS transport that stopped in New Mexico during a cross-country trip. 

“Prisoner transport officers, even those employed by private companies, must abide by our civil rights laws and protect the constitutional rights of people in their custody,” said Assistant Attorney General Clarke. “The Justice Department will continue to vigorously enforce our nation’s laws to ensure that the officers who break the law — including those who are driving the nation’s backroads in transport vans and may therefore wrongly believe they can act with impunity — are held accountable.”

“Detainees are entitled to basic human dignity,” said U.S. Attorney Uballez. “Those who are responsible for their detention, from transport personnel to law enforcement and corrections officers, have the same duty to protect the rights and safety of their charges. Any abuse of detainees or failure to provide basic necessities is a violation of that trust and a violation of the law, and it will be roundly prosecuted.”

Former PTS Agent Buntyn was convicted of depriving detainees on the transport of their constitutional right to be free from an officer’s deliberate indifference to serious health and safety risks to the detainees. Evidence at trial established that the defendant knowingly created, and otherwise subjected the detainees to, dangerous, painful, and unhealthy conditions on the transport van. Specifically, evidence at trial showed that the defendant would retaliate against detainees who complained, by handcuffing the detainees behind their backs and forcing them to remain for hours in a small segregation cage inside the van; by depriving detainees of meals and access to water while they remained in the cage; by cranking up the heat in the already-hot van in retaliation for detainees complaining that, as they passed through the southwestern desert, they were in danger of overheating; and by failing to provide the detainees with required restroom breaks, until the detainees were left with no choice but to urinate in empty bottles or on the floor.

Buntyn was acquitted of a use of force and an obstruction of justice charge.

A date for the sentencing hearing has not yet been announced.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Alexander M.M. Uballez of the District of New Mexico made the announcement.

This case was investigated by the FBI Kansas City Field Office and was prosecuted by Assistant U.S.  Attorney Kimberly A. Brawley of the District of New Mexico and Trial Attorney Laura Gilson of the Justice Department’s Civil Rights Division, with assistance from Special Litigation Counsel Samantha Trepel.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that a federal jury convicted Alexis Riego, 50, of Merritt Island, Florida, of four counts of involuntary manslaughter and two counts of assault resulting in serious bodily injury committed in 2019.

A grand jury indicted Riego in April of 2021. According to the indictment and other court records, on Sept. 7, 2019, Riego, a commercial motor vehicle driver, recklessly crashed into a line of stationary traffic in a construction zone on Interstate 40 within the Laguna Pueblo. At the time of the crash, Mr. Riego was speeding and using his cellular telephone. The crash caused a six-car pile-up that killed four people and seriously injured two. The crash caused the closure of interstate 40 for several hours.

“When we take the wheel, we take on a collective responsibility for the families who share our highways,” said U.S. Attorney Uballez. “The consequences for failing in that responsibility are grave and irrevocable. This conviction is a sobering reminder that a moment on video chat can forever change your life, and end the lives of others.”

Riego will remain in custody pending sentencing, which has not been scheduled.

The FBI Albuquerque Field Office investigated this case with assistance from the Laguna Police Department and the New Mexico State Police. Assistant United States Attorneys Joseph M. Spindle, Elisa Dimas and Matthew Nelson 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 Timothy Andrew Marquez was sentenced on Sept. 27 to 10 years and one month in prison. Marquez, 27, of Bayard, New Mexico, pleaded guilty on Dec. 19, 2018, to receiving child pornography.

According to court records, on Dec. 18, 2017, Dropbox Inc. submitted a cyber tip to the National Center for Missing and Exploited Children regarding child pornography being downloaded into a Dropbox account associated with Marquez’s email address. The IP address associated with the uploaded photos came back to Marquez’s residence in Bayard.

In his plea agreement, Marquez admitted to receiving child pornography in his Dropbox account on Nov. 6, 2017, and that he knew the material depicted a child engaging in sexual activity with an adult.

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

Homeland Security Investigations, the New Mexico State Police and the Las Cruces Police Department investigated this case as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. Assistant United States Attorneys Eliot Neal and Marissa A. Ong 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/.

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.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Kylie Lujan was arraigned on an indictment charging her with assault resulting in serious bodily injury in Indian Country. Lujan, 25, of Taos Pueblo, New Mexico, and an enrolled member of the Taos Pueblo, will remain on conditions of release pending trial, which has not been scheduled.

A federal grand jury indicted Lujan on Sept. 13. According to the indictment, on March 25, Lujan assaulted the victim, identified as Jane Doe, in the victim’s home in Taos Pueblo. Jane Doe is an enrolled member of the Taos Pueblo, and the assault resulted in serious bodily injury.

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

The Taos Pueblo Department of Public Safety investigated this case. Assistant United States Attorney Matthew McGinley is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Evan Haceesa was charged with murder in Indian Country. Haceesa, 30, of Nageezi, New Mexico, and an enrolled member of the Navajo Nation, appeared for a preliminary and detention hearing on Sept. 23 and will remain in custody pending trial, which has not been scheduled.

As alleged in a criminal complaint, on Aug. 28, Haceesa attacked his girlfriend, identified as Jane Doe, at his residence in Nageezi on the Navajo Nation. Haceesa allegedly punched Jane Doe in the face until she lost consciousness and kicked her several times. Upon arriving at the home, a Navajo Police Department officer responding to a report of domestic violence found the victim unclothed and unresponsive, lying in a wheelbarrow outside the house.

Jane Doe was transported to the San Juan Regional Medical Center for treatment. She initially was diagnosed with a fractured nose, bruising, scratches, bowel lacerations and bleeding in the bowels. Computed Tomography (CT) scans revealed blood and air in Jane Doe’s abdomen, a perforated intestine, bleeding around the intestines, a bilateral nose fracture and partially collapsed lungs.

On Sept. 8, Jane Doe died of her injuries.

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

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Nicholas Pinto has been charged with assault resulting in serious bodily injury and discharging a firearm during a crime of violence in Indian Country. Pinto, 23, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, appeared for a detention hearing on Sept. 26, and will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, on Sept. 17, Pinto and another person arrived at the home of a Zuni resident, identified as John Doe. Pinto allegedly had a conflict with one of the people at the residence. To avoid any fighting in the residence, John Doe forced Pinto to leave.

Later, in the early morning of Sept. 18, Pinto allegedly returned to the residence. John Doe answered a knock at the door to find Pinto with a shotgun. As John Doe attempted to walk away, Pinto allegedly shot him in the leg. Pinto allegedly attempted to shoot John Doe again, but the shotgun failed to fire.

John Doe, who is an enrolled member of the Pueblo of Zuni, received emergency treatment at the scene and was transported to the University of New Mexico Hospital for care.

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

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Kyle Nayback 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 Caesar Nathanial James Crayton, 47, Oklahoma City, Oklahoma, was sentenced on Sept. 22 to 25 years in prison. On Feb. 16, a federal jury convicted Crayton on one count each of possession with intent to distribute five grams and more of methamphetamine, being a felon in possession of a firearm and ammunition, and carrying a firearm during and in relation to a drug trafficking crime.

On Aug. 16, 2020, Crayton approached a U.S. Border Patrol checkpoint on Interstate 10 west of Las Cruces, New Mexico. Crayton consented to a canine inspection of his vehicle, during which the canine alerted. During a hand search of the vehicle, agents located 53 grams of methamphetamine, a .45 caliber pistol, 537 rounds of ammunition, one 25-round ammunition magazine, one 13-round magazine, one 17-round magazine, $6,853 in U.S. currency and 10 soles in Peruvian currency.

At the time of the incident, Crayton previously had been convicted of multiple felonies. As a convicted felon, Crayton cannot legally possess firearms or ammunition.

 Upon his release from prison, Crayton will be subject to eight years of supervised release.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from U.S. Border Patrol. Assistant United States Attorneys Joni Autrey Stahl and Renee L. Camacho 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 Anthony Joe was charged with assault of a spouse, intimate partner, or dating partner by strangling and assault resulting in serious bodily injury in Indian Country. Joe, 37, of Tohatchi, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court on Sept. 20 for a preliminary and detention hearing and will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, on Aug. 13, Joe allegedly assaulted his dating partner. Joe and the victim had been in a four-year relationship and shared a six-month-old child. The victim was attempting to leave Joe’s residence to stay with her mother when Joe allegedly violently assaulted her. Joe allegedly punched the victim with a closed fist in the back of her head and in her side while she was holding their child. Joe allegedly kicked the victim in the back and pulled her away from the door by her hair. During the assault, Joe allegedly used his arm to choke the victim from behind, then knocked her down and used his hands to choke her.

The victim eventually escaped from the residence without her child. She ran to a nearby gas station and called law enforcement.

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

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

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Quincee Zohnnie was sentenced on Sept. 20 to eight years in prison. Zohnnie, 26, of Shiprock, New Mexico, pleaded guilty on Oct. 26, 2021, to using a firearm during and in relation to a crime of violence and possessing a firearm in furtherance of such crime, assault with a dangerous weapon, and retaliating against a victim in Indian Country.

On June 14, 2020, Zohnnie was riding in the passenger seat of his girlfriend’s car when they spotted the victim, identified as John Doe, sitting outside his home on the Navajo Nation. Zohnnie argued with John Doe before going home and retrieving a firearm. Zohnnie returned to John Doe’s residence and fired multiple rounds at the house, which at the time of the incident was occupied by John Doe’s family, including a minor child.

Upon his release from prison, Zohnnie will be subject to three years of supervised release. Zohnnie must also surrender the firearms and ammunition associated with these crimes.

The Farmington Residency Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Nation Police Department. Assistant U.S. Attorneys Alexander F. Flores and Allison Jaros prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Travis Aguilar was arraigned on an indictment charging him with assault on a federal officer. Aguilar, 31, of Santo Domingo Pueblo, New Mexico, and an enrolled member of the Pueblo of Santo Domingo, will remain in custody pending trial, which has not been scheduled.

According to the indictment, on Nov. 10, 2021, Aguilar allegedly forcibly assaulted an officer of the Bureau of Indian Affairs (BIA) while the officer was engaged in official duties. Aguilar allegedly punched the officer in the face and threw the officer to the ground.

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

BIA investigated this case. Assistant United States Attorney Matthew McGinley is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Shah Mahmood Selab made an initial appearance in federal court on a criminal complaint charging him with coercion and enticement of a minor. Selab, 35, of Las Cruces, New Mexico, will remain in custody pending a detention hearing, which has not been scheduled.

According to the complaint, on Aug. 12, Selab allegedly approached a 12-year-old boy at Youngs Park in Las Cruces near a local middle school. The victim was sitting on a bench when Selab began asking the victim personal questions, and then invited the victim to sit with him on another bench in the shade. After moving to the other bench, Selab allegedly used his cellphone to show the victim photos and videos that were sexual in nature. Selab allegedly touched the victim inappropriately.

The victim attempted to walk away, but Selab allegedly followed him and punched him in the face multiple times. Selab allegedly asked the victim to get into his vehicle and offered the victim $20 to allow Selab to touch him.

The victim attempted to call 911 and retreated to the restrooms where he closed himself in a stall. The complaint alleges that Selab followed the victim into the restrooms and pulled him from the stall. Selab allegedly locked the restroom door to prevent the victim from leaving, began kissing the victim’s face, and put a $20 bill in the victim’s hand. Selab also allegedly attempted to force the victim to touch Selab.

After another person arrived at the restroom and knocked at the door, the victim escaped from Selab.

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

Homeland Security Investigations (HSI) investigated this case with assistance from the Las Cruces Police Department. Assistant United States Attorneys Joni Autrey Stahl and Maria 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 Nicholas Anthony Bianco was sentenced on Sept. 20 to five years in prison. Bianco, 38, pleaded guilty on May 6, 2021, to distribution of child pornography.

In September 2019 and March 2020, Homeland Security Investigation (HSI) received notifications from KIK, a social media platform, of a user sending suspected child pornography through the app. The user account was associated with Bianco, who was a Technical Sergeant with the United States Air Force at the time of his arrest on Oct. 15, 2020. On May 8, 2020, New Mexico State Police (NMSP) executed a search warrant on Bianco’s residence in Alamogordo, New Mexico, seizing multiple digital items including an iPhone. A forensic analysis of the phone revealed child exploitation material.

In his plea, Bianco admitted that he used the phone and the KIK app to send two videos that he knew were child pornography. Bianco acknowledged that the victim in one of the videos was one to three years of age.

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

HSI investigated this case with assistance from NMSP and the Air Force Office of Special Investigation as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. Assistant United States Attorney Joni Autrey Stahl 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/.

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.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Andy Cordova was sentenced on Sept. 20 to 10 months in prison. Cordova, 33, of Santa Cruz, New Mexico, pleaded guilty on March 2 to possession with intent to distribute heroin.

On July 5, 2020, Cordova was detained by Ohkay Owingeh Casino and Hotel security personnel on suspicion of possessing or distributing drugs on the premises. Cordova was arrested for drug trafficking after law enforcement executed a search warrant for his hotel room and discovered 16.96 grams of heroin.

Upon his release from prison, Cordova will be required to successfully complete treatment at the Santa Fe Recovery Center. Cordova also will be subject to three years of supervised release, to include outpatient mental health counseling.

The Santa Fe Resident Agency of the FBI investigated this case with assistance from the Ohkay Owingeh Police Department and New Mexico State Police. Assistant United States Attorney Alexander F. Flores prosecuted the case.

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WASHINGTON – Today, the Justice Department and the City of Albuquerque (City) agreed that because the City has sustained compliance with significant provisions of the consent decree for the last two years, covering the Albuquerque Police Department (APD), the City now will self-assess compliance with those provisions. The announcement was made by filing a Joint Notice of the parties’ agreement with the United States District Court for the District of New Mexico, which oversees the City’s implementation of the consent decree.

The City will analyze and publicly report on its compliance every six months, pursuant to a self-assessment plan also filed with the Court. This transition to self-assessment is a significant accomplishment, and represents significant progress toward compliance and termination of the consent decree. 

“The Albuquerque Police Department has made real progress toward compliance with this Consent Decree,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The progress that we have seen in the City of Albuquerque has yielded reform and is moving the city in the right direction when it comes to constitutional policing. We look forward to working with officials to achieve full compliance with the consent decree. The residents of Albuquerque deserve nothing less.”

“Today, we come before the Court to recognize important and sustained advances made by the Albuquerque Police Department toward the goal of constitutional, effective policing,” said United States Attorney Alexander M.M. Uballez for the District of New Mexico. “Successful self-assessment is the cornerstone of true reform, and the Albuquerque community should expect no less. I want to commend the hard work put in by the men and women of APD, as well as the persistence of community stakeholders, that went into this accomplishment. Together, we will realize the goals set out by this community, through mutual agreement, seven years ago.”

As detailed in today’s Joint Notice, the City has achieved sustained substantial compliance with and will self-assess the portions of the consent decree covering:

• The Multi-Agency Task Force that investigates shootings by APD officers;
• Specialized units (except tactical units);
• Training on behavioral health and field training;
• Filing of complaints by the public;
• Officer support programs; 
• Recruitment, hiring, performance evaluations, and promotions; and more. 

For example, APD has achieved full compliance with the consent decree’s requirement that it “develop a comprehensive recruitment and hiring program that successfully attracts and hires qualified individuals.”  In its most recent report, the Independent Monitor found that APD has “set[] new standards in police recruiting,” and increased interest in joining APD at a time when police recruiting has become more difficult nationwide. In addition, APD has also developed and maintained a robust and effective public information program to facilitate misconduct reporting and ensure that civilian complaints are accepted and investigated.

The parties’ agreement reflects the strides APD has made in important areas of reform, while also recognizing that APD has put in place the necessary staff and systems to accurately and credibly assess its own continued compliance with these portions of the consent decree. This agreement will allow APD to focus even more on critical areas where it has made substantial improvements, as recognized by the Independent Monitor in its most recent report. These areas include force investigations, for which the monitoring team found that APD had improved both timeliness and quality, and discipline, where the monitoring team noted that APD continues to make “marked improvements.”

The Justice Department initiated an investigation of APD in November 2012 under the Violent Crime Control and Law Enforcement Act of 1994. This law authorizes the Attorney General to file a lawsuit to address a pattern or practice of conduct by law enforcement officers that deprives individuals of their rights under the Constitution or federal law. The investigation was conducted by the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the District of New Mexico. The Justice Department announced the findings of the investigation in April 2014. The consent decree was approved by the United States District Court for the District of New Mexico in June 2015.

The Findings Report and the Settlement Agreement, as well as additional information about the Civil Rights Division, are available on its website at Special Litigation Section Cases and Matters (justice.gov). Additional information about implementation of the consent decree is also available on the website of the U.S. Attorney’s Office at Investigation into Albuquerque Police Department (justice.gov).

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Patrick Tafoya was sentenced on Sept. 13 to six years and six months in prison in prison. Tafoya, 61, of Española, New Mexico, and an enrolled member of the Pueblo of Santa Clara, pleaded guilty on Jan. 28 to assault with intent to commit murder.

On Sept. 8, 2020, Tafoya drove the victim, identified in court records as Jane Doe, to a bank where he withdrew funds from an ATM to repay money he owed her. Tafoya and Jane Doe began to argue, and he told her to get out of his truck. Tafoya then struck the victim with his truck, pinning her against a utility pole, causing severe injuries. Tafoya fled the scene without calling to request medical assistance for the victim.

The assault, which occurred on the Santa Clara Pueblo, resulted in permanent damage to Jane Doe’s leg that required multiple surgeries.

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

The Santa Fe Resident Agency of the FBI Albuquerque Field Office 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 today that Darwin Neal Kinzhuma made an initial appearance in federal court on a criminal complaint charging him with sexual abuse in Indian Country and sexual abuse by a repeat offender. Kinzhuma, 57, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending a preliminary and detention hearing scheduled for Sept. 16.

According to the complaint, on May 10, Kinzhuma allegedly gave a ride to the victim, identified as Jane Doe, on U.S. Highway 70. After stopping in Tularosa, New Mexico, to purchase alcohol, Kinzhuma took the victim to his home in Mescalero. Jane Doe, who is also an enrolled member of the Mescalero Apache Tribe, allegedly lost consciousness after drinking some of the alcohol provided by Kinzhuma. When the victim awoke, Kinzhuma allegedly was sexually assaulting her. The victim was unable to leave the home because she cannot see at night and Kinzhuma allegedly had taken the cane she needs to walk.

Kinzhuma is charged as a repeat offender due to a previous conviction for sexual abuse. On Dec. 21, 2017, Kinzhuma pleaded guilty to aggravated sexual abuse, admitting that on June 28, 2015, he sexually abused a victim on the Mescalero Apache Reservation. On May 22, 2017, Kinzhuma was sentenced to six years and nine months in prison followed by five years of supervised release.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Kinzhuma faces up to life in prison and a lifetime of supervised release. Additionally, because the alleged offense was committed while Kinzhuma was on supervised release for a prior sexual assault, he faces up to five years in prison and up to a lifetime term of supervised release for a violation of the previously imposed supervised release.

The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Matilda McCarthy Villalobos 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 Lante Porcha, 30, of Albuquerque, was sentenced to 15 years and eight months in prison. On May 3, Porcha pleaded guilty to one count of carjacking, one count of using, carrying, and brandishing a firearm during and in relation to a crime of violence, one count of attempted bank robbery with a dangerous weapon, and one count of being a felon in possession of a firearm and ammunition.

On Feb. 3, 2019, in the parking lot of Presbyterian Hospital in Albuquerque, Porcha approached a victim who was seated in his vehicle and asked the victim for a cigarette or a lighter. Porcha then pointed a handgun at the victim and threatened to shoot him if he did anything. Porcha entered the passenger seat and ordered the victim to drive the vehicle to a nearby accomplice, Chaz Estrada. Porcha then ordered the victim to get out of the vehicle, after which Estrada entered the driver seat and the two fled in the victim’s vehicle.

Later that day, Porcha approached another victim as she was at a drive-up ATM. Porcha pointed the handgun at the victim and demanded that she empty her bank account. The victim refused and pushed the gun downward. The gun discharged and the bullet passed between the victim’s legs. Porcha ran back to the stolen vehicle and fled with Estrada driving.

A short time later, law enforcement stopped the stolen vehicle. Porcha and Estrada attempted to flee on foot but were arrested. The handgun and ammunition were found in the vehicle.

On May 26, 2020, Estrada, 34, of Albuquerque, pleaded guilty to attempted bank robbery with a dangerous weapon, being an accessory after the fact, and being a felon in possession of a firearm and ammunition. On Sept. 15, 2020, Estrada was sentenced to eight years and one month in prison, to be followed by three years of supervised release.

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

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Timothy Trembley 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 Ali Godoy, 51, a national of Cuba, was sentenced on Sept. 7 to 10 years in prison. Godoy pleaded guilty on May 24 to one count each of possession with intent to distribute 40 grams and more of a mixture and substance containing a detectable amount of fentanyl, possession with intent to distribute 50 grams and more of a mixture and substance containing a detectable amount of methamphetamine, and being a felon in possession of a firearm.

On April 4, task force officers with the Drug Enforcement Administration’s (DEA) Albuquerque District Office and the Albuquerque Police Department (APD) executed a search warrant on Godoy’s apartment on Pennsylvania Street in Albuquerque. During the search, investigators located over 72 grams of fentanyl pills and over 99 grams of methamphetamine in a safe and bag in Godoy’s bedroom. Investigators also found a .45 caliber pistol that had been stolen and was loaded with eight rounds of ammunition, and a 7.62 caliber rifle that was fully loaded with a high-capacity magazine containing 17 rounds of ammunition.

Godoy was previously convicted in Texas in 1996 of possession of a controlled substance, in Florida in 2002 of delivery of cocaine and tampering with evidence and in 2005 of aggravated battery and possession of a firearm by a convicted felon, and in New Mexico in 2000 of tampering with evidence and failure to appear, in 2001 of possession of a controlled substance and tampering with evidence and in 2010 of possession of a controlled substance. As a previously convicted felon, Godoy cannot legally possess firearms or ammunition.

In addition to his prison term, Godoy will be subject to four years of supervised release. In the judgment, however, the Court recommended that Immigration and Customs Enforcement begin removal proceedings during the service of Godoy’s sentence. Godoy entered the United States in 1995 under a two-year “public interest” parole from Cuba.

The DEA and APD investigated this case. Assistant United States Attorney Tavo Hall 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 Myles Delando Luciano made an initial appearance in federal court on a criminal complaint charging him with interference with commerce by threats or violence. Luciano, 26, of Las Cruces, will remain in custody pending a preliminary and detention hearing scheduled for Sept. 9.

According to the complaint, on July 27, Luciano and Joshua Lopez, 25, also of Las Cruces, allegedly attempted to walk out of a Lowes Home Improvement Store with an air conditioner without paying for the item. When two store employees and an off-duty U.S. Border Patrol (USBP) agent tried to stop them, Luciano allegedly pointed what appeared to be a handgun at the employees and fled in a vehicle. It was later discovered that the pistol was a pellet gun.

Las Cruces Police (LCPD) officers located the vehicle and attempted to stop Luciano and Lopez. Luciano and Lopez allegedly led LCPD on a high-speed chase, ending in a parking lot on Telshor Boulevard in Las Cruces. The pellet gun was located inside the vehicle.

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

Joshua Lopez, who is also charged in the complaint, currently has an outstanding arrest warrant in connection with this case.  Anyone with knowledge of Lopez’s whereabout can provide information at 1-800-CALL FBI.

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from LCPD. Assistant United States Attorneys Maria Y. Armijo and Ryan Ellison 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 a federal court has granted summary judgment in favor of the United States as plaintiff in a case involving grazing rights and trespass on National Forest System (NFS) lands.

            The case arose after the U.S. Forest Service cancelled a term grazing permit for an allotment on NFS land due to violations of the terms of the permit by the permitholders. The former permitholders failed to remove their livestock from the allotment, contending that they did not need Forest Service authorization to graze livestock.

According to the judgment and other court records, Craig Thiessen previously held a permit to graze cattle on an allotment in the Apache National Forest, administered by the Quemado Ranger District of the Gila National Forest in the District of New Mexico. In January 2017, while being investigated for a violation of the Endangered Species Act associated with trapping a Mexican wolf, Thiessen requested that the permit be transferred to a newly-formed limited liability corporation, Canyon del Buey, LLC, for which Thiessen was identified as Member, Manager, and Registered Agent. On May 24, 2018, a criminal information was filed, charging Thiessen with unlawfully taking a Mexican gray wolf in violation of the of the Endangered Species Act. Thiessen pleaded guilty to knowingly taking threatened wildlife.

On Sept. 18, 2017, Lance Thiessen filed an amended application for a term grazing permit on behalf of Canyon del Buey, LLC, and an Ownership Statement for the LLC listing himself as Manager and his brother, Craig, as a Member. USFS issued the LLC a permit authorizing the grazing of 344 cow-calf pairs on Nov. 21, 2017. That permit was cancelled by USFS on Nov. 29, 2018, for violations of the terms of the permit. Specifically, USFS cited Craig Thiessen’s conviction and misrepresentations made by Lance and Craig Thiessen.

The LLC administratively appealed the decision to cancel the permit, and the decision was affirmed by the Forest Supervisor as the appeal deciding officer. The Regional Forester for the Southwestern Region of the USFS decided to conduct a second-level, discretionary review, and also affirmed the decision. In his July 2, 2019, discretionary review decision, the Regional Forester directed Lance Thiessen, as manager of the Canyon del Buey, LLC, to remove all cattle from the allotment within 60 days, which was Aug. 31, 2019.

The Thiessens, acting on behalf of themselves and the LLC, did not remove the cattle as instructed by the USFS. The U.S. Attorney’s Office for the District of New Mexico, on behalf of the U.S. Department of Agriculture, Forest Service, brought a civil action for trespass, ejectment, damages, declaratory judgment and injunctive relief to eject Craig and Lance Thiessen and the Canyon del Buey, LLC, from NFS lands located on the Gila National Forest in the State of New Mexico, to compel the immediate removal of their livestock from NFS lands, to enjoin them from using or occupying NFS lands without lawful authorization, and to recover damages arising from their unauthorized and unlawful use and occupancy of NFS lands.

The court found that the continued grazing on the allotment without a permit violates federal regulations and that the Thiessens and the LLC have trespassed on the allotment. In its decision, the court determined that the Thiessens and the LLC did not own a surface grazing estate on the allotment and that any alleged water rights on the allotment did not give them a right to graze livestock on the allotment. The court permanently enjoins Defendants from trespassing on the Canyon del Buey Allotment, and retains jurisdiction to enforce the Settlement Agreement until Defendants have paid damages to the United States, in its Sept. 1, 2022, order.

The United States was represented by Assistant United States Attorney Cassandra Casaus Currie and Senior Trial Attorney Andrew Smith of the Environment and Natural Resources Division at the Department of Justice.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Christina Joyner, 47, of Rio Rancho, New Mexico, pleaded guilty to wire fraud.

According to the plea agreement and other court records, Joyner worked for 25 years as a bookkeeper for Quanz Motor Car Company, doing business as Quanz Auto Body, and was responsible for the financial books of four company locations. From approximately July 2014 through September 2021, Joyner defrauded the company of over $2 million. Joyner was responsible for maintaining the integrity and accuracy of these accounts as well as the accounting system, and was authorized to sign company checks on behalf of Quanz. However, she was not authorized to sign checks issued to herself, apart from normal payroll.

In her plea agreement, Joyner admitted to issuing checks to herself and coded them to give the appearance they were for legitimate business expenses. Joyner then would deposit the checks electronically through a mobile banking app and immediately withdraw the funds the same day.

Joyner also admitted to using company credit cards to make personal, online purchases without the knowledge or authorization of Quanz. Joyner sometimes kept money from cash transactions for her personal use.

Joyner used her position to create fraudulent pay stubs for her husband that were used as proof of income to obtain loans. Joyner emailed reminders to herself to modify entries in the accounting software, and used her position to manipulate the software to conceal her personal use of Quanz funds.

Joyner faces up to 20 years in prison and will be subject to forfeiture of whatever interest she may have in any asset derived from or used in the commission of the offense in this case. A sentencing date has not been scheduled.

The Albuquerque Resident Office of the United States Secret Service investigated this case. Assistant United States Attorney Kimberly Brawley 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 Tanya Puccini was sentenced on Aug. 30 to three years of probation for introduction and delivery of misbranded drugs. Puccini, 47, of Albuquerque, pleaded guilty on Jan. 7.

Puccini was the owner and operator of Allstar Nutrition, a health supplement store in Albuquerque. In December 2017, Puccini began selling Selective Androgen Receptor Modulators (SARMs), a type of performance enhancing drugs (PEDs) that stimulate the growth of certain muscle and bone. These products are prohibited by the U.S. Anti-Doping Agency and the World Anti-Doping Agency and are not approved by the U.S. Food and Drug Administration (FDA).

These drugs were sold in bottles labeled “not for human consumption” and “for research purposes only.” Puccini nonetheless provided verbal, printed and occasionally written instructions to purchasers for personal use of the drugs for fitness gains, such as muscle growth. For example, Puccini provided a written note to a customer in which she represented that the drugs were not “technically” SARMs, but included instructions for using the drugs to promote muscle growth.

Altogether, from December 2017 through June 2021, Puccini made retail sales of at least $107,486 of unapproved PEDs.

“Misbranded drugs that are disguised as dietary supplements and contain potentially harmful hidden ingredients place American consumers at risk,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “We will continue to investigate and bring to justice those who endanger the U.S. public health by distributing fraudulent and potentially dangerous products.”

Consistent with a stipulation in the plea agreement, Puccini forfeits her interest in any drug she received or transferred that is or was adulterated or misbranded. The Court will issue a money judgement within 30 days.

The FDA investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Gilbert Gallegos was sentenced on Aug. 30 to 45 years in prison. Gallegos, 46, of Lordsburg, New Mexico, pleaded guilty on Jan. 29, 2021, to two counts of production of child pornography and one count of possession of child pornography.

According to court records, Gallegos coerced an 11-year-old victim to engage in sexual acts, which Gallegos recorded on his cellphone. On May 4, 2020, investigators with Homeland Security Investigations (HSI), executing a federal search warrant, recovered the videos from Gallegos’ phone, as well as another pornographic video involving two minor victims.

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

HSI investigated this case with assistance from the Lordsburg Police Department and Las Cruces Police Department as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. Assistant United States Attorney Marisa A. Ong 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/.

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.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Kayla Baker was sentenced on Aug. 29 in federal court to five years in prison. Baker, 26, of Ganado, Arizona, pleaded guilty on May 19 to involuntary manslaughter in Indian Country.

According to the plea agreement and other court records, on June 16, 2018, Baker was driving while intoxicated when she attempted to pass another vehicle. She steered into the path of on an oncoming vehicle, resulting in a crash that killed the other driver and severely injured the leg of a passenger. Tests following the crash showed Baker’s blood alcohol content was .12 and THC was present in her system. Law enforcement also found alcohol in Baker’s vehicle. The crash occurred in New Mexico on the Navajo Nation.

Upon her release from prison, Baker will be subject to three years of supervised release.

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

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ALBUQUERQUE, N.M. – Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, 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 Herman Leyvoune Wilson, also known as Bilal Mu’Min Abdullah, made an initial appearance in federal court today on an indictment charging him with attempting to provide material support to a designated foreign terrorist organization and attempting to obstruct, influence and impede at least one official proceeding.

A federal grand jury indicted Wilson, 45, of Albuquerque, on Aug. 23. Wilson will remain in custody pending an arraignment scheduled for Aug. 30.

According to the indictment and other court records, from Jan. 23, 2020, to Nov. 20, 2021, Wilson allegedly attempted to provide material support and resources to the Islamic State of Iraq and Syria (ISIS), a foreign terrorist organization. Wilson allegedly attempted to establish an “Islamic State Center” in New Mexico that would teach ISIS ideology, provide training in tactical maneuvers and martial arts, and serve as a safe haven for individuals preparing to travel and fight on behalf of ISIS in the United States and abroad.

Additionally, between Sept. 19, 2020, and October 2020, Wilson allegedly attempted to obstruct, influence and impede at least one official proceeding by commanding and inducing the destruction and concealment of records by shutting down an online platform. From May 2019 to September 2020, Wilson allegedly helped to administer an online platform to promote ISIS ideology, recruit others to ISIS ideology and discuss terrorist attacks in the United States and overseas. Wilson also allegedly used the online platform to promote the Islamic State Center and find potential like-minded individuals to join the center.

In September 2020, Kristopher Matthews and Jaylin Molina were arrested for providing material support to ISIS, and later pleaded guilty in the Western District of Texas. Matthews and Molina admitted that Wilson radicalized them to ISIS’s ideology, and that without Wilson’s influence, they would never have committed the crimes. When Matthews and Molina were arrested, Wilson allegedly instructed online platform members to destroy evidence of their use of the group. Matthews and Molina were sentenced in July 2022 to 20 years and 18 years in prison, respectively.

“Defending our country from terrorism is a core mission of the Department of Justice,” said United States Attorney Uballez. “We will not tolerate threats to our country from terrorist organizations like ISIS. We will vigorously prosecute anyone who attempts to provide material support to terrorists.”

“The FBI takes very seriously its role as America's primary federal law enforcement agency for investigating and preventing acts of international and domestic terrorism,” said FBI Special Agent in Charge Bujanda. “This investigation was the result of months of painstaking work by the FBI's Joint Terrorism Task Force, which consists of FBI special agents, intelligence analysts, other experts, and our federal, state, and local partners. Preventing terrorist attacks against Americans at home and abroad remains the FBI's top priority, and we will vigorously pursue investigations when an individual crosses the line from espousing particular views into planning or committing acts of violence.”

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

The FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorneys Jon K. Stanford, Nicholas Mote and Tavo Hall are prosecuting the case, with valuable assistance provided by Trial Attorney John Cella of the National Security Division’s Counterterrorism Section.

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A New Mexico man was arrested today for allegedly attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (ISIS) and attempting to obstruct, influence and impede at least one official proceeding.

A federal grand jury indicted Herman Leyvoune Wilson, aka Bilal Mu’Min Abdullah, 45, of Albuquerque, on Aug. 23. Wilson will remain in custody pending an arraignment scheduled for Aug. 30.

According to the indictment and other court records, from Jan. 23, 2020, to Nov. 20, 2021, Wilson allegedly attempted to provide material support and resources to ISIS, a designated foreign terrorist organization. Wilson allegedly attempted to establish an “Islamic State Center” in New Mexico that would teach ISIS ideology, provide training in tactical maneuvers and martial arts, and serve as a safe haven for individuals preparing to travel and fight on behalf of ISIS in the United States and abroad.

Additionally, between Sept. 19, 2020, and October 2020, Wilson allegedly attempted to obstruct, influence and impede at least one official proceeding by commanding and inducing the destruction and concealment of records by shutting down an online platform. From May 2019 to September 2020, Wilson allegedly helped to administer an online platform to promote ISIS ideology, recruit others to ISIS ideology and discuss terrorist attacks in the United States and overseas. Wilson also allegedly used the online platform to promote the Islamic State Center and find potential like-minded individuals to join the center.

In September 2020, Kristopher Matthews and Jaylin Molina were arrested for providing material support to ISIS and later pleaded guilty in the Western District of Texas. Matthews and Molina admitted that Wilson radicalized them to ISIS’s ideology, and that without Wilson’s influence, they would never have committed the crimes. When Matthews and Molina were arrested, Wilson allegedly instructed online platform members to destroy evidence of their use of the group. Matthews and Molina were sentenced in July 2022 to 20 years and 18 years in prison, respectively.

If convicted, Wilson faces up to 20 years in prison for each count.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Alexander M.M. Uballez for the District of New Mexico, and Special Agent in Charge Raul Bujanda of the FBI Albuquerque Field Office made the announcement.

The FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorneys Jon K. Stanford, Nicholas Mote and Tavo Hall are prosecuting the case, with valuable assistance provided by Trial Attorneys Frank Russo, Jessica Fender and John Cella of the National Security Division’s Counterterrorism Section.

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

WASHINGTON – The Department of Justice has announced nearly $50 million in Office on Violence Against Women (OVW) grants to provide survivors of gender-based violence with access to legal services and improve effective coordination of justice systems impacting victim and family safety. Specifically, OVW awarded a total of $35,659,296 to 59 grantees under the Legal Assistance for Victims Program, which addresses the legal needs of survivors of sexual assault, domestic violence, dating violence, and stalking. In addition, earlier this month, OVW’s Justice for Families Program awarded $14,191,208 to 26 projects that aim to improve the response of the civil and criminal justice systems to families with a history of domestic violence. The Justice for Families Program also supports supervised visitation and safe exchange of children.

“These grants will help expand access to the services and support that are essential to bringing justice within reach for survivors of gender-based violence,” said Attorney General Merrick B. Garland. “The Department’s Office on Violence Against Women will continue its important work to empower survivors with the resources they need to navigate our justice system, including by expanding access to legal representation, language assistance, and court-related programs.”

“Legal services and systems, including family courts, have a tremendous impact on survivors’ and their families’ livelihood, wellbeing, and freedom,” said OVW Acting Director Allison Randall. “Meaningful representation for survivors is vital, but can be difficult to attain in the aftermath of violence, or when someone is still trying to find safety. Grantees under OVW’s Legal Assistance for Victims and Justice for Families Programs help survivors navigate complicated processes and potentially dangerous points along the way, including supervised visitation, protection orders, and divorce.”

In New Mexico, the Eight Northern Pueblos Council, Inc. will receive a grant award of $599,361 through the Legal Assistance for Victims Program. In addition to addressing survivors’ civil and criminal legal needs, the Legal Assistance for Victims Program expands pro bono legal assistance for survivors.

The Justice for Families Program also finances court and court-related programs, provides legal assistance for survivors, and supports training for court personnel, child protective services workers, and others.

Later this year, OVW will launch the new Expanding Legal Services Initiative (ELSI) under the Legal Assistance for Victims Grant Program. ELSI will support entities that do not yet have a legal representation program and need assistance establishing one. Grantees will receive specific training to help create a legal program from the ground up, while prioritizing racial equity and underserved communities. OVW will release the solicitation for this new initiative in the fall. Eligible applicants include nonprofit organizations and tribal governments or tribal organizations that intend to establish a program to provide legal representation to victims of sexual assault, domestic violence, dating violence, or stalking. OVW will provide additional details at upcoming informational virtual events and answer questions from participants. Registration for virtual events will be added as it becomes available: https://www.justice.gov/ovw/events.

OVW provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies, and practices aimed at ending domestic violence, dating violence, sexual assault, and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Rick Benavidez, 47, of Albuquerque, was sentenced in federal court to five years and three months in prison for leading and organizing two auto loan fraud schemes involving a total intended loss of more than $1.5 million.  

Benavidez pleaded guilty on April 29 to two counts of bank fraud, one count of conspiracy to commit bank fraud and one count of making fraudulent returns, statements or other documents. In his plea agreement, Benavidez admitted to conspiring with his co-defendant, Damian Maron, 41, of Albuquerque, to carry out a loan fraud scheme against federally insured credit unions in Bernalillo County. Benavidez and Maron convinced lower-level members of the conspiracy to apply for loans totaling $359,662.97. Benavidez gave the loan applicants false pay stubs overstating their income to improve the likelihood of loan approval. Benavidez, Maron and their co-conspirators did not actually use the proceeds of the loans to buy vehicles. Instead, they arranged for the lenders to disburse the loan funds to a fictitious auto dealership. The co-conspirators then divided the proceeds of the fraud and used the money for their own personal benefit. 

Benavidez also admitted to taking part in a separate auto loan fraud scheme involving an intended loss of $1,154,493.42, of which $999,993.42 was actually disbursed by financial institutions. Benavidez agreed to make restitution to the victims of his crimes in an amount to be determined at a separate hearing. Benavidez must complete a five-year term of supervised release following his imprisonment. 

In his plea agreement, Benavidez also admitted to submitting a false document to the Internal Revenue Service while his auto loan fraud case was pending. This false document purported to designate United States District Judge William P. Johnson as Benavidez’s legal fiduciary. Benavidez knew this designation was false when he submitted the document.  

Maron previously pleaded guilty to one count of bank fraud and one count of conspiracy to commit bank fraud. He is scheduled for sentencing on Sept. 2.

The FBI Albuquerque Field Office and Homeland Security Investigations (HSI) investigated this case with assistance from the U.S. Treasury Inspector General for Tax Administration and the New Mexico Office of the Attorney General.

Assistant U.S. Attorneys Taylor F. Hartstein and Sean J. Sullivan 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 Carlos Arturo “Ochenta” Quintana, 40, was arraigned on an indictment charging him with conspiracy to import a controlled substance into the United States.

A federal grand jury returned a superseding indictment charging Quintana, along with 10 other co-defendants, on July 23, 2015. According to the indictment and other court records, in February and March 2011, Quintana, Jesus Salas-Aguayo, Elmy Hermosillo, Raul Corella-Hernandez and Jorge Adrian Ortega-Gallegos allegedly distributed over 100 kilograms of marijuana to be imported into the United States for the Vicente Carrillo Fuentes Organization (VCFO).

The VCFO is a transnational criminal enterprise based in Chihuahua, Mexico, and is responsible for smuggling tons of narcotics into the United States. The VCFO is one of the oldest and most powerful criminal organizations in Mexico. Since its beginnings, the cartel has focused on drug trafficking, but has expanded into other criminal activities such as human trafficking, arms trafficking, kidnapping, extortion, and large-scale commercial gasoline theft from the Mexican government.

Quintana was extradited to the United States and taken into custody by the U.S. Marshals Service on Aug. 18. Quintana made an initial appearance in federal court on Aug. 19, and will remain in custody pending trial, which has not been scheduled.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Quintana faces a minimum of five years and up to 40 years in prison.

The FBI Albuquerque Field Office investigated this case with assistance from the Drug Enforcement Administration (DEA) and the Las Cruces-Doña Ana County Metro Narcotics Agency. The Justice Department’s Office of International Affairs provided significant assistance in securing the arrest and extradition of Quintana from Mexico, and the Department thanks the Government of Mexico for the extradition.

U.S. Attorney Uballez and Assistant U.S. Attorneys Maria Y. Armijo and Randy Castellano 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 Oscar Orrantia was indicted on Aug. 17 for willfully depriving the rights of a citizen of the United States. Orrantia, 36, of Santa Teresa, New Mexico, made an initial appearance in federal court today. On Aug. 19, Orrantia was arrested by U.S. Customs and Border Protection Office of Professional Responsibility, Special Agent in Charge Office, El Paso, Texas.

According to the indictment, on June 18, 2019, at the Columbus Port of Entry in Luna County, New Mexico, Orrantia allegedly deprived the victim, identified as John Doe, of his constitutional right to be free from unreasonable seizures. The indictment also alleges that Orrantia’s actions resulted in bodily injury to John Doe.

“Those in whom we entrust the power and responsibility to enforce our laws have a paramount duty to protect the rights provided under the United States Constitution,” said U.S. Attorney Uballez. “We hold these rights sacred. Justice requires that we hold accountable those who abuse their positions and fail to uphold that responsibility.”

“CBP stresses honor and integrity in every aspect of our mission, and the overwhelming majority of CBP employees and officers perform their duties with honor and distinction, working tirelessly every day to keep our country safe,” said CBP El Paso Director of Field Operations Hector Mancha. “CBP does not tolerate corruption or abuse within our ranks, and our Office of Professional Responsibility responded to this complaint in a thorough and timely manner.”

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

The U.S. Customs and Border Protection Office of Professional Responsibility, Special Agent in Charge Office, El Paso, investigated this case with assistance from the Luna County Sheriff’s Office. Assistant United States Attorneys Marisa A. Ong and Mark Standridge 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 Amadius Archuleta was arraigned on Aug. 18 on an indictment charging him with aggravated sexual assault in Indian Country. Archuleta, 22, of Taos Pueblo, New Mexico, will remain on conditions of release pending trial, which has not been scheduled.

According to the indictment and other court records, on July 2, Archuleta contacted a 14-year-old victim, identified as Jane Doe, through Instagram. Archuleta allegedly invited the victim to meet. When they met later that evening, Archuleta allegedly led the victim to an abandoned house to smoke marijuana and provided her with alcohol. Though the victim told Archuleta that she had only recently turned 14 years old, Archuleta allegedly initiated sexual contact with the victim. Jane Doe asked Archuleta to stop, but he allegedly forcibly engaged in sexual conduct with the victim.

Jane Doe was taken to Holy Cross Hospital in Taos for examination, then transported to Solace Crisis Treatment Center in Santa Fe.

Archuleta and Jane Doe are both enrolled members of the Pueblo of Taos, and the alleged offense was committed in the Taos Pueblo.

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

The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Taos Pueblo Department of Public Safety. 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 that Martin Perea, 42, of Los Lunas, New Mexico, pleaded guilty on Aug. 17 to production of child pornography. Perea will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Perea on Aug. 25, 2015. According to court records, on July 1, 2015, the victim’s mother discovered pornographic content of Perea and the victim on a memory card from Perea’s cellular telephone. The mother confronted Perea about the pornographic content and, two days later, fled with the victim to Spokane, Washington.  Once in Spokane, the mother contacted local law enforcement authorities to file a complaint against Perea.

The FBI obtained a federal search warrant for the card, and on July 28, 2015, a search was performed at the New Mexico Regional Computer Forensic Laboratory. The memory card contained numerous video files of child pornography.

In his plea agreement, Perea admitted that from Oct. 8, 2014, to March 2015, he knowingly used the victim to engage in sexually explicit conduct for the purpose of producing child pornography. Perea acknowledged that the victim was seven and eight years old at the time Perea committed the crimes.

By the terms of the plea agreement, Perea faces 17 to 25 years in prison and must register as a sex offender.

This case was investigated by the FBI Albuquerque Field Office with assistance from the Valencia County Sheriff’s Office, the Spokane Police Department and the New Mexico Computer Forensic Laboratory as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. United States Attorney Alexander M.M. Uballez and Assistant United States Attorney Jaymie L. Roybal 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/.,

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.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico announced today that Matthew Vicenti was arraigned on a three-count indictment charging him with assault by a habitual offender, kidnapping, and assault of an intimate partner by strangling. Vicenti, 32, of Dulce, New Mexico, and an enrolled member of the Jicarilla Apache Tribe, will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Vicenti on June 15. According to the indictment, from Dec. 26, 2021, to Dec. 28, 2021, Vicenti allegedly confined and assaulted his intimate partner, identified as Jane Doe. At the time, Vicenti had been convicted previously on at least two occasions in Tribal court of offenses against a spouse and intimate partner. On Dec. 28, 2021, Vicenti allegedly assaulted Jane Doe by strangling and suffocation.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Vicenti faces up to 10 years in prison for assault by a habitual offender and assault of an intimate partner by strangling. Vicenti faces up to life in prison for kidnapping.

The Jicarilla Apache Police Department investigated this case. Special Assistant United States Attorney Chelsea Van Deventer 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 Romeo Martinez was sentenced on Aug. 16 to two years and nine months in prison for assault resulting in serious bodily injury in Indian Country. Martinez, 23, of Mescalero, New Mexico, pleaded guilty on Jan. 25.

According to the plea agreement and other court records, on June 29, 2021, Martinez arrived at his grandmother’s residence on the Mescalero Apache Reservation and confronted his grandmother and her sister, identified in court records as “M.B.” Martinez, who is not an enrolled member of any federally-recognized Tribe, was not supposed to be on the Mescalero Apache Reservation because he had been banished by the Tribal Council for alleged violent assaults on Tribal members. Martinez accused his grandmother and M.B. of having his vehicle towed, and began to scream at them. Martinez attacked M.B., hitting her face multiple times, causing a laceration to her forehead, which required four sutures, and a broken nose and septum. As a result of Martinez’s assault, the victim’s nose is disfigured and her ability to breathe properly has been impacted.

M.B. is an enrolled member of the Mescalero Apache Tribe.

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

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Matilda McCarthy Villalobos 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 Patrick Maestas was arraigned on Aug. 17 on a two-count indictment charging him with assault by strangling and suffocating and domestic assault by a habitual offender. Maestas, 33, of Dulce, New Mexico, and an enrolled member of the Jicarilla Apache Nation, will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Maestas on Aug. 9. According to the indictment and other court records, Maestas and the victim, identified as Jane Doe, had been in a relationship since 2017 and have a child together. Maestas and Jane Doe live separately with their respective parents.

On July 8, Maestas was staying with Jane Doe at her mother’s residence in Dulce. After going to bed, Maestas and Jane Doe began to argue. Maestas then allegedly used the collar of Jane Doe’s shirt to strangle her. This allegedly occurred in front of their child, who pleaded for his parents to stop fighting.

Jane Doe attempted to call her family for assistance, but was unable to reach anyone. Later, while Maestas was in the restroom, Jane Doe took her son, fled the residence and went to her uncle’s home nearby. She was later taken to San Juan Regional Medical Center for injuries related to strangulation.

The alleged assault occurred on the Jicarilla Apache Nation. Jane Doe is an enrolled member of the Navajo Nation.

Maestas was previously convicted in Jicarilla Apache Nation Tribal Court in 2019 of assault and battery and in 2021 of domestic violence.

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

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Jicarilla Apache Police Department. Special Assistant United States Attorney Chelsea Van Deventer 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 Armando Segovia, 32, of Gallup, New Mexico, was sentenced on Aug. 12 to five years and three months in prison for abusive sexual contact of a minor in Indian Country. Segovia pleaded guilty on April 6.

According to the plea agreement and other court records, between July 1, 2016, and Nov. 1, 2016, Segovia, who is non-Indian, engaged in sexual contact with the victim, identified in court records as Jane Doe. The victim, an enrolled member of the Zuni Pueblo, was less than 12 years old at the time of the abuse. Segovia committed the abuse on the Zuni Pueblo in McKinley County, New Mexico.

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

The Gallup Resident Agency of the FBI Albuquerque Field Office and the Gallup Police Department investigated this case. Special Assistant U.S. Attorney Chelsea Van Deventer 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 that Jorge Garcia-Rascon, 21, and Julio Garcia-Rascon, 19, both of Mexico, have been charged by criminal complaint with conspiracy to smuggle illegal aliens resulting in death. Jorge Garcia-Rascon made an initial appearance on July 29 and will remain in custody pending arraignment, which has not been scheduled. Julio Garcia-Rascon made an initial appearance on Aug. 12 and will remain in custody pending trial.

According to the complaint, on July 27, Border Patrol agents attempted to make a traffic stop on an SUV traveling on New Mexico Highway 9 in Santa Teresa, New Mexico. The SUV failed to yield and continued at a high rate of speed. As the agents ceased their pursuit and turned off their emergency lights and sirens, the SUV lost control and flipped and rolled off the road.

When law enforcement approached the vehicle, Jorge Garcia-Rascon and Julio Garcia-Rascon allegedly attempted to flee on foot but were apprehended. Law enforcement on the scene established that there were 13 occupants in the vehicle, all of whom were undocumented non-citizens. Two of the people in the vehicle died during the rollover. All of the other occupants except Jorge and Julio Garcia-Rascon were transported to University Medical Center in El Paso, Texas, for treatment.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Jorge and Julio Garcia-Rascon face up to life in prison or death.

Homeland Security Investigations (HSI) investigated this case with assistance from U.S. Border Patrol. Assistant United States Attorney Joni Autrey Stahl 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 John Oliver Hamilton made an initial appearance in federal court on Aug. 12 on a criminal complaint charging him with threatening to burn a building by means of fire. Hamilton, 54, of Las Cruces, New Mexico, will remain in custody pending a preliminary and detention hearing scheduled for Aug. 17.

According to the complaint, on July 27, Hamilton allegedly made a string of telephone calls to the Office of Institutional Equality at New Mexico State University in Las Cruces. In those calls, as alleged in the complaint, Hamilton repeatedly threatened to burn the school. Under federal law, it is illegal to willfully make any threat by telephone to destroy any building by means of fire or an explosive.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Hamilton 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 New Mexico State University Police. Assistant United States Attorney Joni Autrey Stahl 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 Allen Anthony Gonzales was charged by criminal complaint with being a felon in possession of firearms and ammunition. Gonzales, 46, of Farmington, New Mexico, appeared in federal court for a detention hearing on Aug. 1 and will remain in custody pending trial, which has not been scheduled.

As alleged in the complaint, on July 22, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) obtained and executed a search warrant for Gonzales’ residence on Auburn Avenue. During the search, law enforcement located and seized 26 firearms and a large amount of ammunition. Gonzales was previously convicted of multiple felonies in California, including voluntary manslaughter, armed robbery, fraudulent checks, domestic violence and possession of a controlled substance. As a convicted felon, Gonzales cannot legally possess firearms or ammunition.

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

ATF and the Farmington Police Department investigated this case. Assistant United States Attorneys Anderson Hatfield and Timothy D. Trembley 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 John Seibel was sentenced on Aug. 2 to 17 years and six months in prison. Seibel, 26, of Albuquerque, pleaded guilty on March 15 to two counts of distribution of 50 grams and more of a substance and mixture containing methamphetamine, four counts of distribution of 40 grams and more of fentanyl, two counts of distribution of 500 grams and more of a mixture and substance containing methamphetamine, and one count of conspiracy to distribute controlled substances.

In his plea, Seibel admitted to leading a drug trafficking organization that distributed methamphetamine and fentanyl. According to his plea agreement and other court records, on several occasions between April 1, 2021, and June 15, 2021, Seibel sold drugs to an undercover agent from the Drug Enforcement Administration (DEA). Seibel sold fentanyl pills manufactured by others, but also acquired a pill press and other components to fabricate his own fentanyl pills for distribution. On May 12, 2021, Seibel sold the undercover agent drugs, including fentanyl pills that Seibel and others manufactured with the pill press. In total, between April 1, 2021, and May 27, 2021, Seibel sold to the undercover agent 2,437.8 grams of methamphetamine and 546.4 grams of fentanyl.

Seibel was arrested following a sale of 1,368.6 grams of fentanyl and 1,333 grams of methamphetamine on June 15, 2021. That same day, law enforcement executed search warrants on Seibel’s residence and other locations associated with his drug trafficking activity. In Seibel’s home and vehicle, agents recovered a total of $84,139.19, which Seibel admitted were proceeds of his unlawful drug trafficking. At a residence in Tijeras, New Mexico, agents recovered the pill press, a powder granulator and other materials Seibel used to manufacture fentanyl pills. Agents also recovered 833.7 grams of powdered fentanyl, 400 grams of blue fentanyl pills, 48.3 grams of yellow fentanyl pills and 7,762 grams of methamphetamine. At a stash house in Albuquerque, agents located 634 grams of methamphetamine and 3,869.4 grams of fentanyl pills.

“John Seibel endangered the lives of countless people in the callous pursuit of his own enrichment,” said U.S. Attorney Uballez. “The illegal and unregulated manufacture and trafficking of counterfeit pills has contributed to the toll of fentanyl overdoses that have ravaged the District of New Mexico and communities across the nation. We will work diligently to halt these manufacturing operations and prosecute those who would profit from their flagrant disregard for the lives of our people.”

“While drug overdose/poisoning deaths continue to rise in our nation, Mr. Seibel made these dangerous illegal drugs readily available to New Mexicans for his profit,” said Greg Millard, Special Agent in Charge of the DEA El Paso Division.  “DEA and its partners will continue to hold accountable those responsible for poisoning our communities, as we step up our campaigns to educate the public about the dangers of illicit drug use and medication misuse.”

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

Among the agencies that participated in the investigation were the DEA Albuquerque District Office, DEA El Paso Division, DEA El Paso Division SRT, DEA Las Cruces District Office, DEA St. Louis Division, DEA South Central Laboratory, DEA Aviation, FBI Albuquerque Field Office, United States Postal Inspection Service, Homeland Security Investigations, Bernalillo County Sheriff’s Office, Albuquerque Police Department, Pueblo of Laguna Police Department, Pueblo of Pojoaque Police Department, Valencia County Sheriff’s Office, Rio Rancho Police Department, Torrance County Sheriff’s Office, Belen Police Department and Albuquerque Fire & Rescue.

The U.S. 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 today that Julius Mendez was charged by criminal complaint with assault resulting in serious bodily injury and assault of a spouse, intimate partner or dating partner by strangling. Mendez, 30, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, made an initial appearance in federal court today and will remain in custody pending trial, which has not been scheduled.

According to the complaint, on April 22, Mendez allegedly attacked the victim as she slept in her home on the Mescalero Apache Reservation. The victim, who is also an enrolled member of the Mescalero Apache Tribe, awakened to Mendez allegedly kicking her. Mendez allegedly began damaging the victim’s home, then returned to kicking and punching her until she lost consciousness.

As a result of Mendez’s alleged assault, the victim suffered serious injuries to her head, face and neck and had severe bruising over most of her body.

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

The Bureau of Indian Affairs investigated this case. Assistant United States Attorneys Matilda McCarthy Villalobos and Eliot Neal are prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Juan Miguel Alvarez was sentenced on July 2 to 21 years and 10 months in prison. Alvarez, 47, of Doña Ana, New Mexico, pleaded guilty on Oct. 21, 2020, to production of a visual depiction of a minor engaging in sexually explicit conduct.

In his plea agreement, Alvarez admitted to using the application “Talkatone” to communicate and begin a relationship with a 13-year-old victim. On Feb. 26, 2020, Alvarez persuaded the victim to send nude photos of herself to him.

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

Homeland Security Investigations (HSI) investigated this case with assistance from the Doña Ana County Sheriff’s Office and the Las Cruces Police Department as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. Assistant U.S. Attorneys Marisa A. Ong and Aaron O. Jordan 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/. 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.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Anthony Thompson was sentenced on July 26 to 14 years in prison. Thompson, 33, pleaded guilty on April 30, 2021, to failure to register as a sex offender, escape from custody and possession of child pornography.

According to the plea agreement and other court records, Thompson was convicted in 2009 and again in 2012 for possession of child pornography. Thompson was finishing his second prison term in a residential reentry center in Las Vegas, Nevada, when he escaped the facility on Feb. 6, 2020. He was later found and arrested in Roswell, New Mexico, by the U.S. Marshals Service on June 18, 2020. Thompson had not notified authorities in Nevada or New Mexico that he would be residing or working in New Mexico, in violation of the Sex Offender Registration and Notification Act. At the time of his arrest, Thompson was in possession of child pornography. In addition to the charge of escape from custody, Thompson also had a pending charge of possession of child pornography in the District of Nevada.

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

The U.S. Marshals Service, FBI, and Roswell Police Department investigated this case. Assistant United States Attorneys Joni Autrey Stahl and Matilda McCarthy Villalobos 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 Daniel “Grumpy” Hernandez, 34, of Silver City, New Mexico, was sentenced on July 26 to 20 years in prison.

A federal jury convicted Hernandez on May 6, 2021, for conspiracy to commit carjacking, carjacking, brandishing a firearm during and in relation to a crime of violence, theft of a firearm, possessing a stolen firearm, and two additional counts of being a felon in possession of a firearm. Hernandez pleaded guilty on April 29 to one count of being a felon in possession of a firearm. As a previously convicted felon, Hernandez cannot legally possess a firearm or ammunition.

Hernandez and his co-conspirator, Savannah Padilla, 24, were indicted on Nov. 13, 2019. Padilla pleaded guilty on Feb. 23, 2021, to conspiracy to commit carjacking, carjacking and brandishing a firearm during and in relation to a crime of violence.

According to court records, on Sept. 7, 2018, and continuing to Sept. 8, 2018, Hernandez and Padilla committed a carjacking in Grant County, New Mexico. Hernandez and Padilla demanded money from the victim at gunpoint, and later demanded that the victim get out of the driver’s seat and into the back seat of the vehicle. The victim fled in fear for his life.

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

The Bureau of Alcohol Tobacco, Firearms and Explosives investigated this case with assistance from the Silver City Police Department. Assistant U.S. Attorneys Maria Armijo and Ry Ellison prosecuted the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico announced today that Shondo DeJesus was arraigned on a two-count indictment charging him with assault resulting in serious bodily injury and kidnapping in Indian Country. DeJesus, 35, of Dulce, New Mexico, will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted DeJesus on July 14. On March 5, DeJesus allegedly assaulted a victim, identified in the indictment as Jane Doe, at his home in Ducle. Afterward, DeJesus allegedly kept Jane Doe in the home against her will until March 7. DeJesus allegedly committed the crimes on the Jicarilla Apache Reservation. Both DeJesus and Jane Doe are enrolled members of the Jicarilla Apache Tribe.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, DeJesus faces up to 10 years in prison for assault resulting in serious bodily injury and up to life in prison for kidnapping.

The Jicarilla Police Department investigated this case. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.

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ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico announced today that Jose Luis Aguilera-Guzman and Jesus David Nuñez-Monreal have been charged with illegally transporting a group of undocumented non-citizens, three of whom died as they crossed into the United States. Aguilera-Guzman, 25, and Nuñez-Monreal, both of Mexico, made an initial appearance in federal court today where they face charges of conspiracy and bringing in and harboring aliens resulting in death. Aguilera-Guzman and Nuñez-Monreal will remain in custody pending a preliminary and detention hearing scheduled for July 27.

According to a criminal complaint, on July 19, Aguilera-Guzman and Nuñez-Monreal allegedly led a group from Mexico into Luna County, New Mexico. The group had run out of water and were lost when some members of the group became unable to continue traveling northward. Responding to a distress call, Border Patrol Agents, Luna County Sheriff Deputies and a New Mexico National Guard helicopter searched for the group and found seven members of the party. Agents learned that three people had been left behind, and those members were later found dead.

A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Aguilera-Guzman and Nuñez-Monreal face up to life in prison or death.

Homeland Security Investigations (HSI) investigated this case with assistance from U.S. Border Patrol, U.S. Customs and Border Protection, the Luna County Sheriff’s Office and the New Mexico National Guard. 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, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Lucinda Ann “Pug” Yuzos was charged by criminal complaint with assault of a spouse or intimate partner resulting in substantial bodily injury in Indian Country. Yuzos, 48, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, made an initial appearance in federal court today and will remain in custody pending a preliminary and detention hearing scheduled for July 27, 2022.

According to the complaint, on May 31, Yuzos allegedly assaulted her intimate partner at a residence on the Mescalero Apace Reservation. After confronting the victim, who is also an enrolled member of the Mescalero Apache Tribe, Yuzos allegedly struck him across the head with a blunt object. The victim sustained a gash across his temple and forehead and was flown by medivac to University Hospital in El Paso, Texas, for emergency treatment.

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

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Joni Autrey Stahl 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 Sandra Roberto was sentenced to four years and three months in prison for wire fraud and false and fraudulent tax returns. Roberto, 44, of Las Cruces, New Mexico, pleaded guilty on Jan. 29, 2021.

According to the plea agreement and other court records, Roberto began working for Mesilla Valley Transportation (MVT) in 2009, first as a fuel clerk and later in the accounting office. Beginning in 2011 and continuing to 2018, Roberto exploited her position to embezzle approximately $1,130,215 from MVT.

MVT used third-party payment processors Comdata and EFS, for whom Roberto was the primary contact at MVT. Roberto would load cash advances onto debit cards used by MVT drivers, then contact Comdata or EFS for authorization codes to remove extra funds from the cards. Roberto would then use blank checks obtained from Comdata or EFS, enter the authorization codes and deposit the funds directly into her own bank account. From 2011 to 2018, Roberto deposited 1,735 such checks. Roberto the used the money for personal expenditures such as rent and the purchase of vehicles, flights, hotel accommodations and other items.

MVT discovered Roberto’s embezzlement during an annual financial reconciliation in January 2018. When confronted, Roberto admitted to the embezzlement and was terminated from her position.

In her plea agreement, Roberto admitted that she knowingly failed to report any of the illegally embezzled funds as income to the Internal Revenue Service (IRS). For example, for 2017, Roberto embezzled $260,705 from MVT, but only reported $31,932 in income. The sum of Roberto’s additional tax due from 2013 to 2018 is $250,473.

 Upon her release from prison, Roberto will be subject to three years of supervised release. Additionally, Roberto has agreed to pay restitution to MVT in the amount of $1,130,215 and to the IRS in the amount of $250,473, for a total principal amount of $1,380,688.

The Las Cruces Resident Agency of the FBI Albuquerque Field Office and IRS Criminal Investigation investigated this case. Assistant United States Attorneys Ry Ellison and Richard Williams prosecuted the case.

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