District of New Mexico

ALBUQUERQUE, N.M. – Christian Apachito, 27, of TóHajiilee, New Mexico, and an enrolled member of the Navajo Nation, was arraigned in federal court today on a two-count indictment charging him with one count of aggravated sexual abuse of a child with force or threat and one count of sexual abuse of a minor. Apachito will remain on conditions of release pending trial, which has not been scheduled.

A federal grand jury indicted Apachito on April 28. According to the indictment and other court records, on Nov. 11, 2020, Apachito allegedly engaged in a sexual act with a child, identified in court records as Jane Doe, by using force against her. At the time of the abuse, Jane Doe had attained the age of 12 but was not yet 16. The alleged crime took place on the Navajo Nation Crownpoint Reservation.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Apachito faces up to 15 years in prison for sexual abuse of a minor and a minimum of 30 years and up to life in prison for aggravated sexual abuse of a child with force or threat.

The FBI investigated this case with assistance from the Crownpoint Navajo Police Department. 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/.

# # #

ALBUQUERQUE, N.M. – Tyler Sando, 32, an enrolled member of the Pueblo of Jemez, pleaded guilty on May 19 in federal court to assault resulting in serious bodily injury in Indian Country and assaulting, resisting or impeding a federal officer involving physical contact. Sando will remain in custody pending sentencing, which has not been scheduled.

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

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

Sando faces up to 10 years in prison for assault resulting in serious bodily injury and up to eight years in prison for assaulting, resisting or impeding a federal officer.

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

# # #

ALBUQUERQUE, N.M. – Kayla Baker, 26, of Ganado, Arizona, and an enrolled member of the Navajo Nation, pleaded guilty on May 19 in federal court to involuntary manslaughter in Indian Country. Baker will remain in custody pending sentencing, which has not been scheduled

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 there was THC in her system. Law enforcement also found alcohol in Baker’s vehicle. The crash occurred in New Mexico on the Navajo Nation.

Baker faces up to eight years in prison.

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.

# # #

ALBUQUERQUE, N.M. – Diane Mariani, 66, of Taos, New Mexico, pleaded guilty on May 18 in federal court to willful failure to collect or pay over tax. Mariani will remain on conditions of release pending sentencing, which has not been scheduled.

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

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

Mariani faces up to five years in prison.

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

# # #

ALBUQUERQUE, N.M. – Jacob Merkel, 23, and Victor Sanchez, 25, were sentenced in federal court on May 16 after pleading guilty to assault upon a person assisting federal officers involving physical contact.

Merkel, who pleaded guilty on Feb. 7, was sentenced to one year and three months in prison, with nine months consecutive to his prior sentence of 13 years and 10 months for robbery and discharge of a firearm. Sanchez, who pleaded guilty on Feb. 9, was sentenced to one year and nine months in prison, with 12 months to run consecutive to his prior eight-year sentence for being a felon in possession of a firearm.

According to the plea agreements and other court records, on Feb. 17, 2021, co-defendant Johnny Black, 36, became angry with corrections staff and started arguing with them. When staff attempted to escort him out of the pod, Black struck an officer, starting an altercation that other inmates joined. Sanchez saw the altercation and joined Black in striking the officer. As the altercation continued, Merkel grabbed another officer and punched him in the face. After Merkel and the officer went to the ground, Merkel got back up and continued the altercation. At that time, a fourth co-defendant, Henry Felix emerged from the crowd and attacked the second officer from behind, striking him in the head and body.

Black pleaded guilty on Feb. 22, and Felix on Feb. 4. Black and Felix are awaiting sentencing, which has not been scheduled.

The U.S. Marshals Service and Luna County Corrections Officers investigated this case. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Quinten Smith, 22, of Mexican Springs, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty today in federal court to voluntary manslaughter in Indian Country. Smith will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Smith on Oct. 19, 2021. According to the plea agreement and other court records, on Sept. 24, 2021, Smith and other family members went to the home of the victim, identified as John Doe, to confront him for allegedly assaulting Smith’s mother. When they arrived at the home, a physical altercation ensued. During the fight, Smith stabbed the victim multiple times in the back with a pocketknife. Smith and the others fled the home immediately.

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

Smith faces up to 15 years in prison.

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

# # #

ALBUQUERQUE, N.M. – Roland Yazzie, 47, of Manuelito, New Mexico, and an enrolled member of the Navajo Nation, was sentenced in federal court today to 15 years and eight months in prison for abusive sexual contact in Indian Country. Yazzie pleaded guilty on Oct. 14, 2021.

In his plea agreement, Yazzie admitted that between June 1, 2016, and May 31, 2019, he engaged in sexual contact with a child, identified in court records as Jane Doe. At time of the abuse, the victim was between seven and nine years old. The abuse occurred at the home of the victim’s mother in McKinley County, New Mexico, on the Navajo Nation.

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

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigation. Assistant United States Attorney Elisa Dimas prosecuted the case.

# # #

ALBUQUERQUE, N.M. – Severano Ceballos Martinez, 45, of Copaco, Sinaloa, Mexico, was sentenced in federal court today to 17 years and six months in prison for possession with intent to distribute 500 grams and more of methamphetamine. Martinez pleaded guilty on Nov. 3, 2021.

According to the plea agreement and other court records, on April 7, 2021, Martinez agreed to deliver five pounds of methamphetamine and 1,000 fentanyl pills to an apartment in Albuquerque. After Martinez arrived at the apartment, agents from the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) placed Martinez under arrest. A search of Martinez’s vehicle revealed five bags containing a total of 1,685 grams of methamphetamine and a plastic bag containing 2,115 fentanyl pills, as well as $2,800 in cash and three cellular phones. Inside Martinez’s wallet, investigators found multiple identification cards, all of which contained Martinez’s photograph.

In 1997 in Arizona, Martinez was convicted of possession of a narcotic drug for sale under the name Usebio Martinez Mendoza. In 2005 in Arizona, Martinez was convicted of attempted auto theft under the name Oscar Márquez. In 2010 and 2014 in Arizona, Martinez was convicted of re-entry of a removed alien under the name Pilar Geronimo Mendoza-Avendano and was removed from the United States to Mexico again on August 1, 2017. Martinez faces removal proceedings upon completion of his sentence.

ATF investigated this case. Assistant United States Attorney Samuel A. Hurtado prosecuted the case.

# # #

ALBUQUERQUE, N.M. – Matthew James Cerno, 48, of Grants, New Mexico, made an initial appearance in federal court today facing a charge of making threats of violence against a federal law enforcement officer. Cerno will remain in custody pending a detention hearing scheduled for May 13.

According to a criminal complaint, on Feb. 23, 2018, Cerno was interviewed by law enforcement officers from the FBI Albuquerque Field Office, as Cerno claimed to have information regarding the West Mesa murders. In early October 2021, Cerno contacted the FBI Albuquerque Field Office by telephone to follow up regarding his prior report and was again interviewed regarding that report.

On Nov. 20, 2021, Cerno once again contacted the FBI Albuquerque Field Office to provide additional information regarding the West Mesa Murders. An agent contacted Cerno from an FBI issued cellphone. Cerno provided statements that were similar to those in his prior interviews. Over the following two-month period, Cerno allegedly made multiple calls to the agent’s cellphone. Each time the Agent directed Cerno to contact the FBI call center rather than contacting the agent directly.

Beginning on Jan. 28, Cerno allegedly left four messages on the agent's voicemail threatening that he would drug, rape, and direct the beating of the agent, and that the agent’s FBI badge would not save him.

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

The FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Tavo Hall is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Jonathan John James, 58, of Tsaile, Arizona, appeared in federal court today for a preliminary and detention hearing where he was charged with attempted coercion and enticement of a minor. James will remain on conditions of release pending trial, which has not been scheduled.

According to a criminal complaint, on April 20 James allegedly followed a child as she shopped with a grandparent at a Home Depot in Gallup, New Mexico. James allegedly approached the victim, told her she was attractive and gave her his telephone number, written on a wet wipe package, in hopes they would communicate. On April 20, James allegedly began exchanging sexually explicit messages with someone he thought was the victim.

The messages were reported to the FBI on April 27. James continued exchanging messages with a person he thought was the victim. On April 28, James allegedly sent 24 images of obscene material depicting adults engaged in sexual activities, all of which showed nudity, and arranged to meet the victim. On May 5, James traveled from Arizona to a park in Gallup to meet the victim. He was detained by the FBI upon arrival.

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

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

# # #

ALBUQUERQUE, N.M. – Derick Martin Garcia Pacheco, 33, of Albuquerque, pleaded guilty on May 10 in federal court to one count of assault on a federal officer using a deadly or dangerous weapon and inflicting bodily injury and one count of being a felon in possession of firearms and ammunition. Garcia will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court records, on Dec. 11, 2020, FBI agents executing a search warrant knocked at the door of Garcia’s residence and announced themselves as federal officers. Garcia armed himself with a .357 revolver and fired through the door, striking one of the agents. The agent was seriously injured, requiring surgery and hospitalization.

After Garcia shot the agent, other officers secured the scene and the FBI Special Weapons and Tactics (SWAT) unit responded to assist in executing the warrant, and Garcia was detained.

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

Garcia faces up to 20 years in prison for the assault charge and up to 10 years in prison for possessing firearms and ammunition.

The FBI investigated this case. Assistant U.S. Attorneys Holland S. Kastrin and Sarah J. Mease are prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Uriah Davis, 40, of Albuquerque, appeared in federal court today for a preliminary and detention hearing where he was charged with bank robbery. Davis will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, on May 2, Davis allegedly robbed the Wells Fargo bank on Central Avenue SE in Albuquerque. Davis allegedly entered the bank, approached a teller and made a verbal demand for money, repeatedly urging the teller to hurray. The teller complied and Davis allegedly fled the bank on foot.

On May 2, the FBI received a tip through the National Threat Operation Center that led agents to Davis’ location. On May 4, the FBI executed a federal search warrant on a room at the Tewa Lodge motel in Albuquerque, where Davis was found and taken into custody.

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

The FBI’s Albuquerque Violent Crimes Task Force investigated this case. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Devan Andrew Martinez, 34, of Albuquerque, was sentenced in federal court on May 5 to four years and three months in prison for being a felon in possession of firearms and ammunition. Martinez pleaded guilty on Oct. 12, 2021.

According to the plea agreement and other court records, on July 18, 2018, a law enforcement officer observed a vehicle parked inside a gated entrance to the Sedillo Range Unit on the south side of Interstate 40, which is on the Pueblo of Laguna. They did not have a title or bill of sale for the car, and the officer checked for a vehicle identification number. While checking the vehicle, the officer observed a loaded Taurus .45 caliber handgun on the floorboard under the front passenger seat.

After the officer found the firearm, Martinez and the other person were taken into custody. A search warrant was obtained for the vehicle and resulted in the discovery of nine rifles, four shotguns and two handguns, among other items including ammunition. In his plea, Martinez acknowledged that he knew that as a previously convicted felon he could not legally possess firearms or ammunition.

In the days prior to his arrest, Martinez went on a crime spree through communities west of Albuquerque, including the Pueblo of Laguna. He broke into a home, vehicles, a trailer, and gun safes to steal the fifteen firearms he possessed on July 18, 2018, as well as other personal effects. The State of New Mexico prosecuted Martinez for aggravated burglary (armed after entering), burglary of a vehicle, and residential burglary, all of which arose out of this crime spree. For those crimes, Martinez was sentenced to seven years in prison followed by five years of supervised probation. The sentence handed down today will be adjusted to account for time served for the state convictions. Because Martinez has been incarcerated since July of 2018, and accounting for this adjustment, his release from his federal term of imprisonment is forecast for October of this year.

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

The Bureau of Indian Affairs investigated this case with assistance from the Laguna Pueblo Police Department.  Assistant U.S. Attorney Alexander F. Flores is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Robert “Fat Head” Padilla, 45, and Gary Coca, 49, both of Albuquerque, were arraigned in federal court on April 27 on a four-count indictment charging them with retaliation against a witness. Padilla was further charged with one count of killing while engaged in drug trafficking, one count of using, carrying, brandishing, and discharging a firearm during and in relation to a crime of violence or drug trafficking crime and causing death through use of the firearm, and one count of tampering with a witness, victim or informant by physical force or threat. Both defendants will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Padilla and Coca on April 20. According to the indictment and other court records, from about Sept. 17, 2018, to Sept. 10, 2019, Padilla allegedly engaged in trafficking cocaine, cocaine base, heroin and fentanyl. On July 22, 2019, Padilla and Coca allegedly killed a man who was a former federal witness in Las Vegas, New Mexico, in retaliation for the victim providing information to law enforcement. Around Nov. 25, 2020, Padilla allegedly used physical force against John Doe in an attempt to influence, delay and prevent John Doe from communicating to law enforcement information relating to drug trafficking and the murder of a federal witness.

An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Padilla and Coca face up to life in prison or death.

The FBI investigated this case with assistance from the New Mexico State Police, New Mexico Corrections Department and Las Vegas Police Department. Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting this case as part of the Organized Crime Drug Enforcement Task Force program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

# # #

ALBUQUERQUE, N.M. – Roman Andrew Poulsen, 40, of Artesia, New Mexico, was sentenced in federal court today to four years and three months in prison for bank robbery. Poulsen pleaded guilty on Jan. 7.

According to the plea agreement and other court records, on July l5, 2021, Poulsen robbed the Washington Federal Bank in Artesia. Poulsen entered the bank and provided a demand note to one of the tellers. The teller placed the money into a bank envelope and gave it to Poulsen, who immediately fled the bank. Following the robbery, Artesia Police officers located Poulsen's vehicle at a Fenn's Country Market. Officers found Poulsen and Lori Crapo, 41, of Sprinville, Utah, at the store and arrested them.

Officers observed video surveillance from the store that showed Crapo putting something onto one of the shelves on a store aisle before she was apprehended. Officers then searched that area of the store and located cash from the robbery hidden behind a box of ice cream cones.

Crapo pleaded guilty on Jan. 4 to misprision of a felony. On April 26 she was sentenced to 18 months in prison.

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

The Roswell Resident Agency of the FBI Albuquerque Field Office and the Artesia Police Department investigated this case. Assistant U.S. Attorneys Randy M. Castellano and Aaron O. Joran prosecuted this case.

# # #

ALBUQUERQUE, N.M. – Lante Porcha, 30, of Albuquerque, pleaded guilty on May 3 in federal court 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. Porcha will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Porcha and codefendant Chaz Estrada, 34, also of Albuquerque, on Feb. 7, 2019. According to the plea agreement and other court records, 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 to Estrada, who was waiting nearby. Porcha 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 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.

By the terms of the plea agreement, Porcha faces 15 years and eight months in prison.

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

# # #

ALBUQUERQUE, N.M. – Daniel Trujeque, 29, of Albuquerque, appeared in federal court today for a preliminary and detention hearing where he was charged with robbery against a U.S. Postal Service employee while the employee was carrying out official duties. Trujeque will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, on Jan. 11, Trujeque and two accomplices allegedly parked near a U.S. Postal Service letter carrier who was delivering parcels to a neighborhood box unit on the west side of Albuquerque. Trujeque allegedly got out of the vehicle and approached the letter carrier. He then allegedly pointed a handgun at the letter carrier and demanded the carrier’s mail keys. After the carrier handed over the keys, Trujeque allegedly demanded a parcel that had not been placed in a box yet. Trujeque took the keys and the parcel, returned to the vehicle and fled.

A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Trujeque faces up to 25 years in prison.

The U.S. Postal Inspection Service investigated this case with assistance from the Albuquerque Police Department and the Bernalillo County Sheriff’s Office. Assistant United States Attorney Niki Tapia-Brito is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Rick Benavidez, 47, of Albuquerque, pleaded guilty on April 29 in federal court to two counts of conspiracy to commit bank fraud and one count of submitting fraudulent returns, statements or other documents to the Internal Revenue Service (IRS). Benavidez will remain on release pending sentencing, which has not been scheduled.

A federal grand jury indicted Benavidez on Feb. 27, 2019. According to the plea agreement and other court records, from April 18, 2013, to May 31, 2013, Benavidez conspired with Damian Maron, and another man to submit fraudulent documentation, including altered pay stubs, to two credit unions to receive automobile loans. The altered pay stubs, which were provided to the applicant by Benavidez, supported a false claim that the applicant’s annual income was $85,000, when in fact it was only approximately $8,000 for 2013. The loan applications at both credit unions used the title for the same car, a 2007 Mercedes S Class, which was not for sale and which none of the men had any intention of purchasing. The funds were disbursed to “Automotive Express, Inc.,” a fictitious car dealership. The conspirators split the money, and the loan went into default.

Benavidez admitted in his plea that the fraudulently obtained loans in the guise of purchasing the Mercedes were part of a larger scheme using multiple straw applicants to obtain similar loans. As a result, defrauded financial institutions disbursed a total of $359,662.97.

Benavidez also acknowledged an additional loan scheme involving another alleged conspirator, Willie Lee Edwards, who is currently wanted by the FBI. The conspirators in this second scheme applied for a total of $1,154,493.42, of which $999,993.42 was disbursed by financial institutions.

After being charged with conspiracy and bank fraud, Benavidez submitted a false document to the IRS purporting to designate the assigned U.S. District Court judge as his fiduciary, knowing that the designation was false because the judge had not agreed to it and was not, nor had he ever been, Benavidez's legal fiduciary.

Maron pleaded guilty on March 10, 2020, to one count of conspiracy to commit bank fraud and one count of bank fraud, and is currently awaiting sentencing. Maron faces up to 30 years in prison.

By the terms of the plea agreement, Benavidez faces between 51 and 63 months in prison.

The FBI Albuquerque Field Office investigated this case with assistance from Homeland Security Investigations (HSI), the U.S. Treasury Inspector General for Tax Administration, and the New Mexico Office of the Attorney General. Assistant United States Attorneys Sean J. Sullivan and Taylor F. Hartstein are prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Brandon Yazzie, 28, of Standing Rock, New Mexico, and an enrolled member of the Navajo Nation, was arraigned in federal court on April 28 on a four-count indictment charging him with three counts of aggravated sexual abuse and one count of abusive sexual contact. Yazzie will remain on conditions of release pending trial, which has not been scheduled.

A federal grand jury indicted Yazzie on April 12. According to the indictment and other court records, on at least two occasions between December 1, 2020, and January 31, 2021, Yazzie allegedly sexually abused the victim, identified in court records as Jane Doe, who was less than 12 years old. On one occasion, Yazzie allegedly engaged in and caused sexual contact with the victim. Yazzie allegedly committed the crimes at his father’s residence in Standing Rock on the Navajo Nation.

An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Yazzie faces up to life in prison for abusive sexual contact and a minimum of 30 years and up to life in prison for aggravated sexual abuse.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Avondale (Arizona) Police Department. Assistant United States Attorney Alexander F. Flores is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Sean Patrick Fosler, 28, of Las Cruces, New Mexico, pleaded guilty on April 28 in federal court to production of child pornography. Fosler will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court records, on May 7, 2021, Fosler recorded a video of a then eight-year-old child engaged in sexually explicit conduct. Fosler also appears in the video engaged in sexual conduct. In the plea agreement, Fosler admitted that he used snapchat to send the video to person in Texas.

Fosler faces a minimum of 15 years and up to 30 years in prison.

Homeland Security Investigations (HSI) investigated this case with assistance from the New Mexico State Police and the El Paso Police Department. 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/.

# # #

ALBUQUERQUE, N.M. – Phillip Lahi, Sr., 70, and an enrolled member of the Zuni Pueblo, made an initial appearance in federal court today facing charges of aggravated sexual abuse of a child in Indian Country. Lahi will remain in custody/on conditions of release pending a detention hearing scheduled for May 3.

According to a criminal complaint, Lahi allegedly engaged in and attempted to engage in sexual conduct with the victim, identified as Jane Doe, since she was five or six years old. Lahi’s alleged conduct included exposing himself to the child, who is an enrolled member of the Zuni Pueblo, and performing sexual acts in front of her. In October of 2021, when Jane Doe was nine years old, Lahi allegedly forcibly engaged in sex with her. Lahi allegedly committed the offenses on the Pueblo of Zuni.

A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Lahi faces a minimum of 30 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 Brittany DuChaussee is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Ruben Martha, 40, of Las Cruces, New Mexico, appeared in federal court today facing a charge of being a felon in possession of a firearm and ammunition. Pablo Vargas, 50, of Las Cruces made an initial appearance on April 28 facing the same charge. Vargas and Martha will remain in custody pending arraignment and detention hearings.

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

After Martha reached his home, he received a call from a friend, whom Martha told what was happening. The friend arrived on the scene and gunfire allegedly erupted. The friend was struck and fled the scene. Martha allegedly retrieved a shotgun from a trashcan on his property as Vargas and others allegedly fired toward Martha’s residence. Martha allegedly chambered a round of ammunition in the shotgun, but was struck in the chest. Officers estimate that twenty to thirty rounds were fired during the confrontation.

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

An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Vargas and Martha face up to 10 years in prison.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Las Cruces Police Department. Assistant United States Attorneys Maria Armijo and Christopher McNair are prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Lance Cojo, 36, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, pleaded guilty on April 26 in federal court to one count of assault of an intimate or dating partner resulting in substantial bodily injury and one count of assault of an intimate or dating partner by strangling. Cojo will remain in custody pending sentencing, which has not been scheduled.

In his plea agreement, Cojo admitted that on Dec. 31, 2021, on the Mescalero Apache Reservation, in Otero County, Mexico, he assaulted a victim, identified in court records as Jane Doe, by stomping on her foot, hitting her in the head multiple times, biting her cheek, and burning her on her right shoulder with a pipe used for smoking drugs. Cojo also grabbed Jane Doe by the throat to strangle her. The following day, Cojo continued to assault Jane Doe, hitting her in the head and kicking her in the back multiple times and strangling her.

Cojo’s assault resulted in serious injuries to Jane Doe, who is also a member of the Mescalero Apache Tribe. Jane Doe was taken to a medical center for her injuries where she was treated for a collapsed lung, fractured ribs, bruising to both eyes, face, neck and ribs.

By the terms of the plea agreement, Cojo faces two years in prison followed by three years of supervised release.

The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Richard “Sky” Kuykendall, 42, of Albuquerque, pleaded guilty today in federal court to being a felon in possession of a firearm and ammunition. Kuykendall will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Kuykendall on June 9, 2021. According to the plea agreement and other court records, on May 12, 2021, Kuykendall was present at the scene of a gun fight in Albuquerque. After that gun fight, Kuykendall possessed a Beretta 9mm pistol.

Prior to the offense, Kuykendall, who is originally from Gloucester, Massachusetts, had been convicted of larceny, conspiracy to commit larceny, receiving or transferring a stolen motor vehicle, unlawful taking of a vehicle, forgery and identity theft. As a previously convicted felon, Kuykendall cannot legally possess a firearm or ammunition.

By the terms of the plea agreement, Kuykendall faces 18 months in prison.

The FBI investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorneys Paul Mysliwiec and Samuel Hurtado are prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Lance Cojo, 36, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, pleaded guilty on April 26 in federal court to one count of assault of an intimate or dating partner resulting in substantial bodily injury and one count of assault of an intimate or dating partner by strangling. Cojo will remain in custody pending sentencing, which has not been scheduled.

In his plea agreement, Cojo admitted that on Dec. 31, 2021, on the Mescalero Apache Reservation, in Otero County, Mexico, he assaulted a victim, identified in court records as Jane Doe, by stomping on her foot, hitting her in the head multiple times, biting her cheek, and burning her on her right shoulder with a pipe used for smoking drugs. Cojo also grabbed Jane Doe by the throat to strangle her. The following day, Cojo continued to assault Jane Doe, hitting her in the head and kicking her in the back multiple times and strangling her.

Cojo’s assault resulted in serious injuries to Jane Doe, who is also a member of the Mescalero Apache Tribe. Jane Doe was taken to a medical center for her injuries where she was treated for a collapsed lung, fractured ribs, bruising to both eyes, face, neck and ribs.

By the terms of the plea agreement, Cojo faces two years in prison followed by three years of supervised release.

The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Guy Anthony Garcia, 62, of Albuquerque, was sentenced in federal court today to 10 years in prison for attempted possession with intent to distribute 40 grams and more of fentanyl, attempted possession with intent to distribute 50 grams and more of methamphetamine, and attempted possession with intent to distribute 100 grams and more of heroin. Garcia pleaded guilty on Sept. 1, 2021.

A federal grand jury indicted Garcia on March 9, 2021. In his plea agreement, Garcia admitted that on Dec. 9, 2020, he arranged for a delivery of drugs to his business in Albuquerque. The shipment was intercepted by law enforcement and the person delivering the drugs agreed to be accompanied by an undercover officer to proceed with the delivery and transaction. They arrived at Garcia’s business with what Garcia believed was methamphetamine, heroin and fentanyl, for which Garcia paid them $39,820. Garcia acknowledged that he intended to sell the drugs.

At the time, Garcia was on supervised release following a prison sentence for a 2016 drug trafficking conviction. The terms of his release required him to refrain from any unlawful use of a controlled substance and prohibited him from committing any federal, state or local crime. In his plea, Garcia acknowledged that his offenses on Dec. 9, 2020, were in violation of the terms of his supervised release. Additionally, on Nov. 5, 2020, he submitted a urinalysis sample that tested positive for amphetamine, opiates and cocaine. On Nov. 25, 2020, Garcia submitted another sample, which again tested positive for opiates.

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

Homeland Security Investigations investigated this case with assistance from the Bureau of Indian Affairs and New Mexico State Police. Assistant United States Attorney Matthew Nelson prosecuted the case.

# # #

ALBUQUERQUE, N.M. – Harrison Davis, 60, of Mariano Lake, New Mexico, and an enrolled member of the Navajo Nation, was sentenced in federal court today to five years in prison for involuntary manslaughter in Indian Country. Davis pleaded guilty on May 10, 2021.

According to the plea agreement and other court records, on July 1, 2018, in McKinley County, New Mexico, on the Navajo Nation, Davis was riding an ATV with his five-year-old grandson. Davis was intoxicated at the time, causing him to crash. Both Davis and his grandson were ejected. The grandson was not wearing a helmet and died at the scene from blunt head trauma. Medical records show Davis’ blood alcohol content was .278 three to four hours after the crash.

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

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case.

# # #

ALBUQUERQUE, N.M. – Jansen Peshlakai, 53, of Bread Springs, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty today in federal court to voluntary manslaughter in Indian Country. Peshlakai will remain in custody pending sentencing, which has not been scheduled.

According to the plea agreement and other court records, on June 13, 2018, in San Juan County, New Mexico, on the Navajo Nation, Peshlakai used his vehicle to ram the vehicle of another man. In doing so, Peshlakai ran over the victim, identified in court records as John Doe, killing him. In the plea agreement, Peshlakai admitted that he acted in the heat of passion and lost self-control.

Peshlakai faces up to 15 years in prison.

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

# # #

ALBUQUERQUE, N.M. – Jason Ross-Lattion Fleming, 36, of Piñon, New Mexico, made an initial appearance in federal court on Apr. 25 facing charges of providing child pornography to a minor, possession of child pornography, and coercion and enticement of a minor. Fleming will remain in custody pending a preliminary and detention hearing scheduled for April 28.

According to a criminal complaint, from January 2021 to March 2021, Fleming engaged in sexual contact with a nine-year-old child while she was visiting her father in New Mexico. At various times during his contact with the child, Fleming allegedly exposed himself to the child and provided her access to pornographic videos on his cellphone, including child pornography. Fleming allegedly offered the child Reese’s candy to entice her to engage in sexual acts.

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

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

A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Fleming faces a minimum of five years and up to 20 years in prison for providing child pornography to a minor, up to 20 years in prison for possession of child pornography, and a minimum of 10 years and up to life in prison for coercion and enticement of a minor.

HSI investigated this case with assistance from NMSP, the Las Cruces Police Department and the U.S. Marshals Service. 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/.

# # #

ALBUQERQUE, N.M. – Sophia Zayas, 40, was sentenced in federal court on April 19 to 30 years in prison for charges relating to the 2007 death of her infant daughter. On Aug. 4, 2021, a federal jury returned a guilty verdict on one count of second-degree murder, one count of intentional child abuse resulting in death, four counts of intentional abuse resulting in great bodily harm and two counts of intentional child abuse not resulting in great bodily harm.

On Feb. 19, 2014, her husband, Peter Zayas, 37, pleaded guilty to negligent child abuse resulting in great bodily harm.  In his plea agreement, Peter Zayas admitted that between August 16, 2007, and Oct. 22, 2007, he permitted his infant to be in a situation that endangered her life knowing that there was a foreseeable risk that she would be physically harmed or killed by leaving her in the care of Sophia Zayas, knowing that she had a history of alcohol abuse. At the time of the offenses, Peter Zayas was a sergeant with the U.S. Air Force and was stationed at Holloman Air Force Base. On Oct. 2, 2018, Peter Zayas was sentenced to 15 years in prison.

The infant sustained fractures to her skull, ribs, and radius and ulna as a result of the abuse. Physicians testified that the child's injuries stemmed from multiple blunt force trauma that was the result of abusive behavior. The jury heard testimony that Sophia Zayas’s daughter died as the result of an axonal injury in her brain and that the injury was caused by a blow to the head. Additionally, the jury heard testimony that Sophia Zayas had a serious drinking problem, that she was the only steward for the infant on the day of her death, and that the baby suffered numerous abusive incidents in her short life.

Previously, Sophia Zayas pleaded guilty on Feb. 24, 2014, to negligent child abuse resulting in great bodily harm. However, in November of 2015, her counsel filed a motion to withdraw her guilty plea, asserting that her plea was not knowing and voluntary following a change in the relevant child abuse law. The district court denied that motion on Feb. 8, 2017. On Sept. 27, 2018, she was sentenced to 15 years in prison, but successfully appealed the district court’s decision to the Tenth Circuit Court of Appeals. On Feb. 6, 2020, the Tenth Circuit remanded the case back to the district court with instructions to vacate her guilty plea.

The FBI and the Air Force Office of Special Investigation investigated this case. Assistant U.S. Attorney Maria Y. Armijo and Christopher S. McNair is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Richard Kessler, 50, of Albuquerque, pleaded guilty on April 18 in federal court to one count each of mail fraud and wire fraud and four counts of failure to file tax returns.

Kessler was a financial advisor and investment broker who did business as Guardian Group Investments, LLC. According to the plea agreement and other court records, Kessler used his position to induce several individuals to entrust their retirement savings to him.  During the period from February to August 2016, Kessler fraudulently convinced four victims to entrust him with a total of $121,267.  Although Kessler had represented that he would place that money in retirement accounts for the benefit of those individuals, Kessler instead deposited their funds in his business bank account, which is specifically prohibited by New Mexico securities regulations. Kessler subsequently converted the victims’ retirement funds to his own purposes.  Kessler used the fraudulently obtained money to pay for his personal expenditures and to make payments to earlier victims of his scheme.  In his plea agreement, Kessler admitted that he devised and executed this scheme with the intent to defraud the investors.

Kessler failed to file federal income tax returns for tax years 2014 through 2017.  Kessler’s failure to file tax returns and pay federal income taxes resulted in an aggregate tax liability of $82,627 for those four years, not including any penalties or interest.

Kessler faces up to 44 years in prison. A sentencing date has not been scheduled.

IRS Criminal Investigation investigated this case. Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case.  

# # #

ALBUQERQUE, N.M. – Jayvian Chee, 19, of Mescalero, New Mexico, pleaded guilty in federal court on April 15 to Cyberstalking. Chee is currently out of custody awaiting sentencing, which has not been scheduled.

According to the plea agreement and other court records, on Nov. 28, 2021, Chee cyberstalked a minor victim, identified as Jane Doe. Chee harassed Jane Doe by sending her numerous threatening messages from multiple Instagram accounts Chee created. Chee threatened to distribute sexually explicit material of Jane Doe if she did not continue their romantic relationship.

By the terms of the plea agreement, Chee faces five years of probation.

The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Matilda McCarthy Villalobos is prosecuting this 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/.

ALBUQERQUE, N.M. – Luke Trujillo, 27, of Albuquerque, pleaded guilty in federal court on April 11 to one count of conspiracy, one count of bank fraud, one count of aggravated identity theft and one count of being in possession of stolen mail. Trujillo is currently in custody awaiting sentencing, which has not been scheduled.

Trujillo and co-defendant, Jose Machado, 37, of Albuquerque, were indicted by a federal grand jury on May 22, 2019. According to the plea agreement and other court documents, from Feb. 9, 2015, to Jan. 18, 2016, Trujillo and Machado used stolen mail and documents containing sensitive information to obtain counterfeit identification and create bank accounts under assumed names in Albuquerque. During the scheme, Trujillo and Machado also used the stolen identities of victims to apply for lines of credit and to add themselves as “secondary users” to victims’ accounts to control and access the accounts. Using the fraudulent credit and debit cards, Trujillo and Machado spent over $7,000 on merchandise from several stores.

Trujillo faces up to five years in prison for conspiracy and possession of stolen mail, up to 30 years in prison for bank fraud, and a not less than two years for aggravated identity theft that must run consecutive to any other term of imprisonment.

Machado pleaded guilty on Oct. 21, 2020. Machado was sentenced on April 8, 2021, to three years in prison, followed by three years of supervised release upon his release from prison.

The United States Postal Inspection Service investigated this case. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.

ALBUQUERQUE, N.M. – Dexter Whiskers, 43, of Mescalero, New Mexico, and an enrolled member of the San Juan Southern Paiute Tribe, made an initial appearance in federal court today facing a charge of sexual abuse of a minor in Indian Country. Whiskers will remain in custody pending a preliminary and detention hearing scheduled for April 20.

According to a criminal complaint, in October 2021, Whiskers, then a Bureau of Indian Affairs Police Officer, allegedly engaged in and attempted to engage in a sexual act with a victim, identified as Jane Doe, who was 13 years old. The incident allegedly took place at the residence where Jane Doe lived at the time on the Mescalero Apache Reservation in Otero County, New Mexico.

A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Whiskers faces up to 15 years in prison.

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the New Mexico State Police and the full cooperation of the Bureau of Indian Affairs. Assistant United States Attorney Matilda McCarthy Villalobos is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Eric Chino, 39, of Albuquerque, and an enrolled member of the Acoma Pueblo, pleaded guilty today in federal court to failing to update his registration as a sex offender. Chino will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Chino on April 14, 2021. According to the plea agreement and other court records, Chino pleaded guilty on March 12, 2015, to sexually assaulting an Acoma Pueblo woman on June 24, 2012, on the Acoma Pueblo in Cibola County, New Mexico. On June 17, 2015, Chino was sentenced to three years in prison. His sentence also required him to register as a sex offender.

In his plea agreement today, Chino acknowledged that he was aware of the requirement to register as a sex offender. Chino admitted that from Oct. 26, 2019, through Jan. 5, 2021, he failed to update his registration as required by law.

By the terms of the plea agreement, Chino faces 15 months in prison.

The United States Marshals Service investigated this case with assistance from U.S. Probation and Pretrial Services. Special Assistant United States Attorney Chelsea N. Van Deventer is prosecuting the case.

# # #

ALBUQERQUE, N.M. – Michael Deherrera, 26, of Belen, New Mexico, was sentenced in federal court on April 11 to five years in prison for carjacking and being a felon in possession of a firearm.

Deherrera was indicted by a federal grand jury on July 29, 2020. According to the plea agreement, on Feb. 3, 2020, DeHerrera carjacked a victim by threating her with a screwdriver in Bernalillo County, New Mexico. DeHerrera began to drive away with the victim still in the car, causing her to jump from the moving vehicle to escape. DeHerrera also admitted that on Feb. 18, 2020, he possessed a firearm before attempting to dispose of it by throwing it from the window of a moving vehicle.

At the time DeHerrera possessed the firearm, he had a prior felony conviction for armed robbery. As a convicted felon, DeHerrera could not legally possess a firearm or ammunition.

The FBI Albuquerque Field Office and the Bureau of Indian Affairs investigated this case with assistance from the U.S. Marshals Service and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Fredrick T. Mendenhall is prosecuting the case.

ALBUQUERQUE, N.M. – Alan Madalena, 33, of Rio Rancho, New Mexico, and an enrolled member of the Pueblo of Jemez, was sentenced in federal court today to five years in prison for sexual abuse of a minor in Indian Country. Madalena pleaded guilty on Oct. 7, 2021.

A federal grand jury indicted Madalena on Dec. 2, 2020. According to the plea and other court records, on four occasions between Aug. 1, 2020, and Oct. 15, 2020, Madalena sexually abuse the victim in his residence on the Pueblo of Jemez. The victim, who is an enrolled member of the Pueblo of Jemez, was 15 years old at the time. Madalena knew the victim’s age when he committed the sexual abuse.

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

The FBI Albuquerque Field Office investigated this case with assistance from the Jemez Pueblo Police Department. Assistant United States Attorney Elisa Dimas prosecuted the case.

# # #

ALBUQUERQUE, N.M. – A federal jury on April 7 returned a guilty verdict on Bruce Beckner, 59, for one count of bank fraud, one count of wire fraud and one count of conspiracy to commit fraud. Beckner will remain in custody pending sentencing, which has not been scheduled.

Beckner was indicted on June 24, 2015, along with co-defendant Arthur Herlihy, 73, of Santa Fe, New Mexico. In 2007, Beckner recruited Herlihy to join him in developing a business plan and securing financing to renovate a truck stop in Deming, New Mexico.

On July 7, 2009, Beckner and Herlihy obtained a loan for $135,165 from First New Mexico Bank. The stated purpose of the loan was to pay off a prior loan secured by a liquor license, and Beckner and Herlihy pledged the liquor license as collateral for the new loan as part of the transaction. At the time it received the loan from First New Mexico Bank, the truck stop business did not own the liquor license outright, but still owed money to the broker who financed the earlier liquor license transaction, which occurred in December 2008. Herlihy and Beckner falsely represented to the bank that the liquor license would be held free and clear of any liens or lawsuits.  Beckner also signed the transaction documents using an alias, “Bill Evans,” and submitted an inaccurate personal financial statement to the bank concealing outstanding restitution debt he owed as the result of a prior criminal conviction in the late 1990s. Rather than pay off the license, Beckner and Herlihy used the loan for other expenses and the license remained encumbered to the previous loan. In 2011, the truck stop business defaulted on the loan from First New Mexico Bank.

On Oct. 2, 2009, Beckner and Herlihy obtained over $16 million in loans for Fuel4Less, LLC, through the New Mexico Finance Authority, including $12 million from Virtual Realty Enterprises and $4 million from U.S. Bank Development Corporation. Beckner signed several documents associated with the loan under the false name “Bill Evans,” representing himself as facilities and operating manager of Fuel4Less. Beckner also submitted a false résumé under the name “Bill Evans” that omitted material information and claimed experience and previous employment he did not have. These loans also went into default in 2011, after which a New Mexico state judge turned the business over to a court-appointed receiver, who filed a bankruptcy petition.

Beckner and Herlihy solicited money from various investors purportedly to be used in a “fuel factoring opportunity.”  This opportunity, they told investors, would involve one component of the enterprise purchasing fuel from outside suppliers that would then be sold back to another component at a higher price, and the profits from the internal sales would be shared by the investors. Instead, there were no internal sales, and the investments, some of which were sent by wire transfers, were used to repay other investors or to cover various operational expenses, including Becker’s and Herlihy’s salaries.

Beckner and Herlihy sent investors promissory notes and other documents stating their investments were secured by truck stop assets. They did not tell investors that the pre-existing loans made the promissory notes essentially worthless.

Herlihy pled guilty in Feb. 2017, to making a false statement to a bank on a loan document, and was sentenced on Aug. 11, 2017, to three years of supervised release.

Beckner was arrested by the Honduras Transnational Criminal Investigative Unit (TCIU) of Homeland Security Investigations (HSI) on March 7, 2019, at the San Pedro Sula airport in Honduras. At the time of his arrest, Beckner had been residing on Roatan, Honduras, for several years. Honduras approved his extradition on April 11, 2019, and he was transferred into U.S. custody on April 16, 2019.

Beckner faces up to 30 years in prison for bank fraud, up to 20 years in prison for wire fraud and up to 30 years in prison for conspiracy.

HSI, IRS Criminal Investigation and the Special Investigations Division of the New Mexico Office of the Attorney General investigated this case. Assistant U.S. Attorneys Sean J. Sullivan and Taylor F. Hartstein are prosecuting the case. The U.S. Department of Justice’s Office of International Affairs, HSI Honduras TCIU, and the HSI ICE Country Attaché in Honduras assisted with the extradition.

# # #

ALBUQUERQUE, N.M. – Michael Rivera, 31, of Santa Clara, New Mexico, made an initial appearance in federal court today facing charges of production of child pornography and coercion and enticement of a minor. Rivera will remain in custody pending a preliminary and detention hearing scheduled for April 12.

According to a criminal complaint, a few days before March 23, 2021, Rivera allegedly engaged in sexual conduct with a victim who was 12 years old at the time. Rivera allegedly began to request naked images of the victim. On Jan. 19, investigators seized the victim’s cell phone and conducted a forensic examination. The examination allegedly revealed sexually explicit images and videos of the victim.

A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Rivera faces a minimum of 15 years and up to 30 years in prison for production of child pornography and a minimum of 10 years and up to life in prison for coercion and enticement.

Homeland Security Investigations (HSI) is investigating this case with assistance from the Grant County Sheriff’s Office. Assistant United States Attorney Marisa A. Ong is prosecuting the case as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, 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 www.justice.gov/psc.

# # #

ALBUQERQUE, N.M. – Michael Shebala, 37, of To'hajiilee, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on April 5 to two counts of assault with a deadly weapon, two counts of assault resulting in serious bodily injury and one count of carrying and using a firearm during and in relation to a crime of violence. Shebala is currently in custody awaiting sentencing, which has not been scheduled.

Shebala was indicted by a federal grand jury on May 25, 2021. According to the plea agreement, on Feb. 18, 2021, Shebala shot a victim, identified in court records as John Doe 1, in the chest outside a gas station on the Laguna Pueblo. Due to Shebala’s assault, John Doe 1 required emergency and extended medical care for the injuries sustained to his liver.

On March 5, 2021, Shebala shot a second victim, John Doe 2, in the leg and then assaulted him using a baseball bat. Due to the assault, the victim required emergency medical care for the gunshot wound and fractures sustained to his skull, femur and arm. The assault occurred on the Navajo Nation.

Shebala faces a minimum of 10 years and up to life in prison.

The FBI Albuquerque Violent Crimes and Gangs Task Force investigated this case with assistance from the Laguna Police Department, Navajo Police Department and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Fredrick T. Mendenhall is prosecuting the case.

ALBUQUERQUE, N.M. – Armando Abel Gonzalez, 40, of Las Cruces, New Mexico, was sentenced in federal court today to 20 years in prison for production of child pornography. Gonzalez pleaded guilty on March 17, 2020.

According to court records, on Sept. 9, 2019, Homeland Security Investigations (HSI) received a cyber tip from the New Mexico Attorney General’s Office that had been received from the National Center for Missing and Exploited Children.

In his plea agreement, Gonzalez admitted that on June 3, 2019, he used Facebook to chat with Clarissa Chavez, 31, of Las Cruces, and that he produced and sent pornographic video of a 10-year-old victim to Chavez.

On Sept. 3, 2020, Chavez pleaded guilty to receiving child pornography. In her plea agreement, Chavez admitted to using Facebook to chat with Gonzalez and that on June 10, 2019, she received a video from Gonzalez depicting a minor engaging in sexually explicit conduct with an adult. On Jan. 12, 2021, Chavez was sentenced to five years and 11 months in prison.

Upon their release from prison, Gonzalez and Chavez will be subject to 10 years of supervised release and must register as sex offenders.

HSI investigated this case with assistance from the Las Cruces Police Department. Assistant United States Attorney Marisa A. Ong prosecuted the case as part of Project Safe Childhood,  a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, 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 www.justice.gov/psc.

# # #

ALBUQUERQUE, N.M. – Armando Segovia, 32, of Gallup, New Mexico, pleaded guilty today in federal court to abusive sexual contact with a child in Indian Country. Segovia must surrender to the U.S. Marshals by noon, April 13. He will be held in detention pending final sentencing, which has not been scheduled.

A federal grand jury indicted Segovia on April 14, 2021. According to the plea agreement and other court records, between July 1, 2016, and Nov. 1, 2016, Segovia, who is non-Indian, allegedly 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 in McKinley County, New Mexico, on the Zuni Pueblo.

Segovia faces up to life in prison and will be required to 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 is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Christopher Adam Jensen-Tanner, 43, of Roswell, New Mexico, was arraigned in federal court today on a 38-count indictment charging him with 34 counts of wire fraud and four counts of engaging in monetary transactions in property derived from specified unlawful activity. Jensen-Tanner is subject to conditions of release pending trial, which has not been scheduled.

A federal grand jury indicted Jensen-Tanner on March 8. According to the indictment and other court records, Jensen-Tanner allegedly used his position and access as owner and president of Roswell Escrow Services, Inc. (RES) to fraudulently redirect customer funds for his personal benefit.

RES served both as a qualified intermediary and as a servicer for real estate contracts. As a qualified intermediary, RES held proceeds from property sales in trust for clients for a period of up to 180 days, during which time the clients could use the funds to purchase a like-in-kind property and not incur capital gains. As a real estate contract servicer, RES received monthly payments from property buyers, taking a portion of the payment to cover insurance, property taxes, and fees. Ordinarily, such funds would be segregated through numerous bank accounts based on the nature and purpose of the funds, and occasionally further delineated by individual clients.

On or before Jan. 11, 2017, Jensen-Tanner allegedly began commingling funds within the RES corporate accounts by moving funds held in trust to operating accounts and vice-versa, contrary to established best practices of the industry. From around Jan. 11, 2017, to Oct. 23, 2019, Jensen-Tanner allegedly made several personal purchases for himself directly from RES corporate accounts. During that same period, Jensen-Tanner allegedly transferred funds from RES corporate accounts at Wells Fargo bank to a holding account for Wells Fargo certified funds tied to Wells Fargo cashier's checks. Jensen-Tanner then allegedly transferred those certified funds to pay for personal expenses, either directly or via his personal checking account.

The extent of the fraud was in excess of $2 million.

An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Jensen-Tanner faces up to 20 years in prison for each count of wire fraud and up to 10 years in prison for each count of engaging in monetary transactions in property derived from specified unlawful activity.

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

The FBI is seeking other potential fraud victims in this case. Anyone who was a customer of RES and believes they were the victim of fraud is asked to contact the FBI at 1-800-CALL-FBI or go online to tips.fbi.gov.

# # #

ALBUQUERQUE, N.M. – Leonard Yazzie, 39, of Pine Hill, New Mexico, and an enrolled member of the Navajo Nation, was arraigned in federal court today on a charge of aggravated sexual abuse of a child in Indian Country. Yazzie will remain in custody pending a detention hearing scheduled for April 7.

A federal grand jury indicted Yazzie on March 23. According to the indictment, on March 28, 2016, and March 27, 2017, Yazzie allegedly engaged in a sexual act with a victim, identified as Jane Doe. At the time, Jane Doe was under 12 years old. The abuse is alleged to have occurred on the Ramah Navajo Reservation.

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

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

# # #

ALBUQERQUE, N.M. – James Hawley, 36, of Albuquerque, was sentenced in federal court today to seven years in prison for attempted carjacking and being a felon in possession of a firearm and ammunition.

Hawley pleaded guilty on Aug. 9, 2021. According to the plea agreement, on July 27, 2019, Hawley attempted to carjack a victim who was stopped at an intersection in Albuquerque. Hawley approached the vehicle and pointed a firearm at the victim in an attempt to gain access. The victim was able to escape by speeding through the intersection. Hawley was later found unconscious and was disarmed by paramedics while they attempted to render aid.

At the time of the offenses, Hawley previously had been convicted of aggravated battery with a deadly weapon and aggravated battery on a household member with great bodily harm. As a convicted felon, Hawley could not legally possess a firearm or ammunition.

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

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department investigated this case. Assistant U.S. Attorney Timothy D. Trembley is prosecuting the case.

ALBUQUERQUE, N.M. – Faith Nicholle Sullivan, 27, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, was arraigned in federal court on April 1 on a charge of assault with a dangerous weapon. Sullivan will remain in custody pending trial.

A federal grand jury indicted Sullivan on Oct. 14, 2021. According to the indictment and other court records, on June 8, 2021, Sullivan allegedly assaulted a Navajo Police Officer with a knife. The alleged assault occurred at Sullivan’s residence in Shiprock on the Navajo Nation.

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

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Department of Criminal Investigation and the Navajo Police Department. Assistant United States Attorney Alexander F. Flores is prosecuting the case.

ALBUQUERQUE, N.M. – Salina Nicole Sandoval, 29, of San Felipe, New Mexico, and an enrolled member of the San Felipe Pueblo, was arraigned in federal court on April 1 on a charge of assault resulting in serious bodily injury of a child under the age of 18. Sandoval is out of custody on conditions of release.

A federal grand jury indicted Sandoval on March 23. As alleged in the indictment, on Jan. 21, Sandoval assaulted a child, identified as Jane Doe, who is also an enrolled member of the San Felipe Pueblo. The alleged assault occurred at Sandoval’s home in Sandoval County, New Mexico, on the San Felipe Pueblo.

An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Sandoval faces a minimum of 10 years and up to life in prison.

The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Alexander F. Flores is prosecuting the case.

ALBUQUERQUE, N.M. – Oscar Kipikirui Ngeno, 41, was arraigned in federal court on March 30 on an indictment charging him with ten counts of wire fraud and one count of conspiracy. Ngeno will remain on conditions of release pending trial.

A federal grand jury indicted Ngeno on Feb. 24. According to the indictment and other court records, from October through December of 2019 Ngeno, a citizen of Kenya who was present in New York on an immigrant visa, allegedly engaged in a scheme to deceive and defraud the government of Bernalillo County, New Mexico.

As alleged in the indictment, Bernalillo County received an email intended to appear to come from a legitimate vendor, CDW Government Inc., which had provided products and services to the county for which payment was due. The spoofed email included a completed automated clearinghouse (ACH) form used by Bernalillo County to establish or change automated payments electronically to vendor bank accounts. The email also included an image of a voided check showing the same routing and account numbers listed on the ACH form. The email provided a telephone number that was represented as a contact number for CDW, but actually belonged to Ngeno.

The routing and account number provided caused the county to send payments to an account owned and controlled by Ngeno. Between October and December of 2019, the county sent payments totaling $447,372.89 to Ngeno’s account. Ngeno then allegedly distributed a portion of the funds to his co-conspirators, including by issuing checks totaling $98,930.

“As our technologies and banking systems evolve, so do the strategies of thieves and fraudsters,” said Fred J. Federici, United States Attorney for the District of New Mexico. “For this reason, we continue to encourage heightened vigilance with respect to unsolicited email requests. The responsibility for these crimes rests entirely with the perpetrators. However, we can each do our part by taking every precaution, such as scrutinizing email addresses and verifying contact information. We will do our part by prosecuting those who attempt to deceive our citizens and institutions.”

“When governments are victimized by fraud, especially one as large as what Bernalillo County experienced, taxpayers and residents are the ones who can get cheated,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “The FBI will use all its resources to go after those who would steal funds that could provide critical services like public safety and health care. We also want to reiterate the importance of government agencies and businesses learning as much as they can about internet fraud and how to protect themselves.”

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

The Albuquerque Field Office of the FBI investigated this case with assistance from the Buffalo Field Office and the Rochester Resident Agency. Assistant United States Attorney Taylor Hartstein is prosecuting the case.

ALBUQUERQUE, N.M. – Johnathon Bindues, 30, of Los Lunas, New Mexico, was arraigned in federal court on March 30 on a nine-count indictment charging him with one count of coercion and enticement of a minor and eight counts of production of child pornography.

A federal grand jury indicted Bindues on March 23. According to court records, at the time of the alleged offenses, Bindues was the coach for the girls’ basketball and track teams at Los Lunas High School. The victim, identified as Jane Doe, was a freshman and a member of the teams Bindues coached.

Between September 2020 and June 2021, the defendant allegedly exchanged over 17,000 text messages with the victim. Bindues allegedly requested nude images of Jane Doe and encouraged her to delete the text messages immediately. After discovering sexually explicit messages on her daughter’s phone, Jane Doe’s mother reported the relationship to the New Mexico State Police.

An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Bindues faces a minimum of 10 years and up to life in prison for coercion and enticement and a minimum of 15 years and up to 30 years in prison for production of child pornography, and Bindues would be subject to registration as a sex offender.

The FBI and New Mexico State Police investigated this case. Assistant United States Attorneys Jaymie L. Roybal and Alexander M. Uballez are prosecuting the case.

ALBUQUERQUE, N.M. – Ronald Lopez, 29, of Albuquerque, made an initial appearance in federal court on March 30 facing a charge of bank robbery. Lopez will remain in custody pending a detention hearing scheduled for April 1.

According to a criminal complaint, on March 25, Lopez allegedly entered the Rio Grande Credit Union on Rio Bravo Boulevard in Albuquerque wearing a fur-lined coat and a face mask. Lopez allegedly approached a teller and presented a demand note indicating he had a gun. Lopez then allegedly fled in a silver van.

Later that day, investigators located the van at Lopez’s residence, and Lopez was arrested.

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

The FBI’s Albuquerque Violent Crime and Gang Task Force investigated this case with assistance from the Bernalillo County Sheriff’s Office and the United States Postal Inspection Service. Assistant United States Attorney Niki Tapia-Brito is prosecuting the case.