District of New Mexico

ALBUQUERQUE, N.M. – Joel Ruiz, 60, of Dulce, New Mexico, made an initial appearance in federal court on March 29 facing two counts of aggravated sexual abuse of a child under 12. Ruiz will remain in custody pending an arraignment and detention hearing scheduled for March 31.

A federal grand jury indicted Ruiz on March 8. According to the two-count indictment, between Feb. 13, 2013, and Feb. 13, 2016, Ruiz, who is non-Indian, allegedly sexually abused an Indian child who was less than 12-years old. Between Jan. 27, 2016, and Jan. 27, 2020, Ruiz allegedly sexually abused another Indian child who also was younger than 12. The abuse in both counts allegedly took place on the Jicarilla Apache Nation Reservation in Rio Arriba County, New Mexico.

An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Ruiz 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 Chelsea N. Van Deventer is prosecuting the case.

ALBUQUERQUE, N.M. – James Dooly Pollock, 37, of Deming, New Mexico, made an initial appearance in federal court on March 24 facing charges of production of child pornography and distribution of child pornography. Pollock will remain in custody until the case is resolved.

According to a criminal complaint, on Dec 30, 2021, the father of a 14-year-old victim submitted his daughter’s cell phone to the Truth or Consequences Police Department (TCPD) and reported that the cell phone contained videos of an adult male having sex with the victim. After obtaining the father’s permission and a search warrant, TCPD transferred the cell phone to New Mexico State Police (NMSP) for extraction of the phone’s contents.

The complaint alleges that the phone contained eight videos of Pollock engaging in sexual conduct with the victim. Four of the videos were sent from Pollock to the victim and the other four from the victim to Pollock. The phone also allegedly contained messages between Pollock and the victim reflecting an intimate relationship.

According to the complaint, the victim was reported missing at the beginning of January. On March 1, law enforcement located the victim, who was with Pollock in Truth or Consequences.

A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Pollock faces a minimum of 15 years and up to 30 years in prison for each of the eight counts in the complaint.

Homeland Security Investigations (HSI), NMSP and TCPD investigated this case. Assistant United States Attorney Marisa A. Ong is prosecuting the case.

ALBUQUERQUE, N.M. – John Dompierre, 58, of Avondale, Arizona, pleaded guilty on March 28 in federal court to perjury.

On Sept. 10, 2020, federal grand jury returned a superseding indictment charging Dompierre with one count of conspiracy and one count of transportation for illegal sexual activity. Dompierre went to trial on those charges in November 2021, but a mistrial was ordered on Nov. 5, 2021, when the jury could not reach a unanimous verdict.

In his plea agreement, Dompierre admitted that he perjured himself during the trial, on Nov. 3 and 4, 2021, as he testified in his own defense. Dompierre falsely testified that he could not be guilty because he suffers from a condition that renders him incapable of sexual activity. He also falsely testified that he had not taken his medication for that condition for years prior to the alleged crimes. Dompierre admitted that, while he does have a condition, it does not render him incapable of sexual activity and that his condition had not gone unmedicated. Dompierre acknowledged that he knew his testimony was false and that it was material to the criminal trial because it formed the substantial basis for his defense.

The maximum statutory penalty for perjury is up to five years in prison.

The FBI investigated this case with assistance from the Bernalillo County Sheriff’s Office and the Albuquerque Police Department. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.

ALBUQUERQUE, N.M. – Monty Montoya, 42, of Cuba, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court today for an initial appearance, facing charges of assault with a dangerous weapon, assault resulting in serious bodily injury and discharging a firearm during a crime of violence. Montoya will remain in custody pending a preliminary and detention hearing scheduled for March 31.

According to a criminal complaint, on March 15, Montoya allegedly assaulted a victim, identified in court records as Jane Doe, at his residence on the Navajo Nation. Montoya allegedly repeatedly struck the victim about the head and face with his fists and with a .45 caliber pistol. When the victim broke free of Montoya, he allegedly pointed the pistol at her and shot her through the arm, breaking a bone. The victim later was taken to the University of New Mexico Hospital for medical treatment.

When law enforcement arrived, they found Montoya at his mother’s residence nearby. They later recovered a pistol from the property.

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

The FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant United States Attorney Mark Pfizenmayer is prosecuting the case.

ALBUQERQUE, N.M. – Joshua Mendez, 40, of New Laguna, New Mexico, and enrolled member of the Laguna Pueblo, was sentenced in federal court on March 24 to three years and eight months for assault resulting in serious bodily harm and domestic assault by a habitual offender in Indian Country.

Mendez pleaded guilty to these offenses on July 22, 2021. According to the plea agreement, on March 20, 2020, Mendez assaulted Jane Doe and John Doe in Cibola County, New Mexico, on the Laguna Pueblo. During the assault at Jane Doe’s residence, Mendez pushed Jane Doe, his girlfriend at time, and stabbed John Doe several times with a knife. Due to the injuries from Mendez’s assault, John Doe was taken to a hospital for medical treatment.

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

Mendez was previously convicted for assault of an intimate partner and battery on Feb. 6, 2017, and again on Oct. 17, 2017. 

The Bureau of Indian Affairs investigated this case with assistance from the Laguna Police Department. Assistant U.S. Attorney Elisa C. Dimas prosecuted the case.

ALBUQUERQUE, N.M. – Laurice Montoya, 37, appeared in federal court on March 28 for a preliminary and detention hearing facing a charge of voluntary manslaughter in Indian Country. Montoya will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, on Jan. 19, at Montoya’s home on the Jicarilla Apache Reservation, Montoya allegedly began arguing with a man, identified in court records as John Doe, who had been staying with her since December 2021. Montoya was walking behind John Doe when she allegedly pushed him over a couch. Montoya helped John Doe to his feet, but then allegedly hit him twice across the back of his head with a snow shovel.

About four hours later, a friend showed up at the residence and called 911. Emergency Medical Services of the Jicarilla Apache Tribe transported John Doe to the San Juan Regional Medical Center where he later died. Doctors found that John Doe had sustained traumatic brain injury, a rib fracture, severe bruising on his upper body and two cuts on his scalp.

Montoya and John Doe are both enrolled members of the Jicarilla Apache Tribe.

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

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Jicarilla Apache Police and the San Juan County Sheriff’s Office. Assistant United States Attorney Thomas Aliberti is prosecuting the case.

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ALBUQERQUE, N.M. – Michael Anthony Hernandez, 46, of Albuquerque, was sentenced in federal court on March 23 to 20 years in prison for possession with intent to distribute methamphetamine and maintaining a drug-involved premises.

Hernandez plead guilty to these offenses on Oct.21, 2021. According to the plea agreement, on Dec. 1, 2020, law enforcement executed search warrants on two of Hernandez’s properties in Bernalillo County, New Mexico and discovered narcotics and other items consistent with packaging narcotics. Specifically, law enforcement discovered more than 12.75 kilograms of methamphetamine, an electric money counter, several scales and bulk currency.

The FBI Violent Crimes Task Force and Bernalillo County Sheriff’s Office Community Action Team investigated this case as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program’s operation Atonement. OCDETF is 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. Assistant U.S. Attorneys Maria Y. Armijo, Randy M. Castellano and Ry Ellison prosecuted this case.

ALBUQUERQUE, N.M. – Mark Beale, 75, of Las Cruces, New Mexico, pleaded guilty on March 25 in federal court to unlawful dispensing and distributing of a schedule II controlled substance. Beale will remain on conditions of release pending sentencing.

A federal grand jury indicted Beale on June 23, 2021. According to the plea agreement and other court records, Beale issued prescriptions outside the course of professional practice and without a legitimate medical purpose. From July 8, 2016, through April 5, 2019, Beale, a licensed physician, treated patients, including Jane Doe, in psychiatry. Beale admitted that he conducted only cursory exams, rather than complete medical, physical, or psychiatric evaluations, and made no attempt to document Jane Doe’s medical history.  Beale failed to document many of the prescriptions he prescribed in Jane Doe’s clinical record, which included insufficient clinical evidence to support the diagnoses he made, and the prescriptions he wrote for her were not supported by the listed diagnoses.

Beale also acknowledged that he failed to conduct adequate clinical monitoring, such as urine drug screening and prescription monitoring inquires. Despite a diagnosis of opioid abuse Beale did not treat the issue or refer Jane Doe for appropriate care. Instead, he continued to prescribe opioids. Beale further acknowledged that he chronically prescribed opioids and benzodiazepines, which put Jane Doe at unacceptable risk of addiction, diversion or overdose.

By the terms of the plea agreement, Beale faces five years in prison, followed by five years of supervised release.

The Drug Enforcement Administration’s Tactical Diversion Squad investigated the case with assistance from the Dona Ana County Metro Narcotics Task Force, the Las Cruces Police Department and the El Paso Police Department. Assistant United States Attorneys Joni Autrey Stahl and Richard C. Williams are prosecuting the case.

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ALBUQUERQUE, N.M. – Jason Smeltzer, 40, of Albuquerque, appeared in federal court on March 25 for a preliminary and detention hearing where he was charged with robbing four local banks. Smeltzer will be conditionally released to La Pasada Halfway House pending trial, which has not been scheduled.

According to a criminal complaint, from Jan. 20 to Feb. 23, Smeltzer allegedly robbed four Albuquerque banks, one of which was robbed twice for a total of five robberies. Each time, Smeltzer allegedly entered the bank and presented a similar demand note to a teller. Once the tellers complied, Smeltzer allegedly fled on foot. Following the fourth robbery, the teller allegedly observed Smeltzer entering a vehicle parked nearby.

On Jan. 21, the FBI received a tip through the National Threat Operation Center identifying Smeltzer as a possible suspect. On Feb. 23, robbery detectives from the Albuquerque Police Department initiated a traffic stop of Smeltzer’s vehicle and FBI agents responded to the scene. Smeltzer was taken into custody.

“Bank robbery is one of several crimes that will place you in the path of our federal task force officers and eventually in federal court,” said Fred J. Federici, United States Attorney for the District of New Mexico. “We are all affected by these crimes, and the U.S. Attorney’s Office is prepared to aggressively prosecute.”

“The FBI has been catching bank robbers for almost a century, and we bring that extensive experience to bear on every one of these crimes we investigate,” said Special Agent in Charge Raul Bujanda of the FBI Albuquerque Field Office. “Be assured that if you rob a bank in New Mexico, the FBI, U.S. Attorney's Office, and our law enforcement partners will spare no resource in bringing you to justice. We want to thank the public for their help, which should make anyone think twice before committing this type of crime.”

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

The FBI Albuquerque Violent Crimes and Gangs Task Force investigated this case. Assistant United States Attorney Presiliano Torrez is prosecuting the case.

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ALBUQERQUE, N.M. – Gael Rodriguez, 20, of Mexico, pleaded guilty in federal court on March 23 to an information charging him with carjacking. Rodriguez will remain in custody pending sentencing, which has not been scheduled.

Gael was indicted by a federal grand jury on March 12, 2021. According to the indictment and other court records, on Jan. 16, Rodriguez approached an elderly victim in northwest Albuquerque outside her apartment complex and asked her for a cigarette. The victim responded that she had no cigarettes and Rodriguez then demanded her purse and the keys for her vehicle. When the victim resisted, Rodriguez slashed her hand with a knife, causing her to drop the keys. Rodriguez grabbed the keys and fled in the victim’s vehicle.

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

Rodriguez faces up to 15 years in prison.

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

ALBUQUERQUE, N.M. – Four New Mexico defendants are facing federal charges, accused of robbing an insurance company in Gallup, New Mexico.

According to court records, on Dec. 4, 2021, Amber Yazzie, 27, of Gamerco, New Mexico, Gregory Yazzie, 26, of Gallup, Randy Joe, 43, of Vanderwagen, New Mexico, and Chadyne Tohe allegedly robbed C&R Insurance in Gallup. As Amber Yazzie, Gregory Yazzie and Tohe entered the office, Amber Yazzie allegedly fired a round from a handgun into the ceiling, pointed the gun at C&R employees and ordered the employees to put their hands up, and demanded money. After taking the money, the group allegedly fled in a vehicle driven by Joe.

On Dec. 6, 2021, law enforcement responded to a report that Yazzie was traveling to Gallup from a specific location. Officers encountered a car matching the description of the vehicle in which Yazzie allegedly was traveling and began pursuit. The vehicle allegedly was traveling at a high rate of speed, at times over 100 miles per hour and in the wrong lane, and the headlights had been turned off. A firearm allegedly was fired from the vehicle, and officers disengaged from the pursuit to avoid being hit by gunfire. Law enforcement later located the vehicle behind a residence in Vanderwagen.

A federal grand jury indicted the defendants on Feb 24. Amber Yazzie appeared in federal court for a preliminary and detention hearing on Dec. 15, 2021, and will remain detained pending trial. Gregory Yazzie was arraigned on March 9 and will remain in custody pending trial. Joe was arraigned on March 4. The court ordered that Joe should remain detained pending bedspace at La Pasada Halfway House and COVID quarantine requirements. Tohe made an initial appearance in federal court on March 24. Tohe will remain in custody pending a detention hearing scheduled for March 28.

All four defendants are charged with interference with commerce by threat of violence. Amber Yazzie and Gregory Yazzie are charged with using a firearm during a crime of violence. Amber Yazzie is also charged with assault with a dangerous weapon with intent to do bodily harm and knowingly using a firearm during a crime of violence.

An indictment is only an allegation. Defendants are considered innocent unless and until proven guilty.

If convicted, the defendants face up to 20 years in prison for interference with commerce by threat of violence. Amber and Gregory Yazzie face a minimum of five years and up to life in prison for possessing a firearm during a crime of violence. Amber Yazzie faces a minimum of 10 years and up to life in prison for discharging a firearm during a crime of violence.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Public Safety, the Navajo Nation Police Department, the Gallup Police Department and the McKinley County Sheriff’s Office. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.

ALBUQUERQUE, N.M. – Ricky L. Romero, 27, of Roswell, New Mexico, appeared in federal court on March 23 where he is charged with coercion and enticement of a minor and receiving child pornography. A federal grand jury indicted Romero on March 16.

According to the indictment and other court records, from March 4 to March 6, 2019, in Chaves County, New Mexico, Romero allegedly coerced a minor to produce child pornography and received videos and images of child pornography on his iPhone. Romero was a New Mexico State Police officer at the time the offenses were committed.

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

The Roswell Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Chaves County Sheriff’s Office. Assistant United States Attorney Joni Autrey Stahl is prosecuting the case.

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ALBUQERQUE, N.M. – Bryan Bull, 40, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on March 15 in federal court to 14 years in prison for aggravated sexual abuse of a minor in Indian Country.

Bull pleaded guilty on Aug. 30, 2021. According to the plea agreement and other court records, on June 3, 2019, Bull and Jeremiah Elijah Jim, 32, of Teec Nos Pos, Arizona, and an enrolled member of the Navajo Nation, used intimidation and force on then 14-year-old John Doe and sexually abused him.  The abuse took place in Shiprock on the Navajo Nation.

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

Jim pleaded guilty to sexual abuse of a minor and was sentenced on Oct. 27, 2021, to 24 years in prison and must register as a sex offender.

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

ALBUQERQUE, N.M. – Jonathan Gonzalez, 35, of El Paso, Texas, pleaded guilty in federal court on March 18 to an indictment charging him with one count of conspiracy to take a hostage and two counts of hostage taking. Gonzales will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Gonzales on July 21, 2021. According to the plea agreement and other court records, from April 1, 2021, to April 27, 2021, Gonzalez and his accomplices, Ricardo Arce, 41, of Chaparral, New Mexico, and Vicki Sowell, 36, of El Paso, took two victims hostage in Chaparral. The victims were identified in the plea agreement as B.M., a citizen and national of Georgia, and N.N.P.-C., a citizen and national of Honduras.

On April 4, 2021, B.M. entered the United States from Juarez, Mexico, into El Paso to meet with people who were part of an alien smuggling organization and paid them to transport him to New York where his family lives. They transported B.M. to Arce’s residence where Gonzalez held him hostage and threatened to injure and kill the him if they did not receive money for his release. On April 13, 2021, N.N.P.-C. entered the United States from Juarez and was also taken to Arce’s residence and held hostage by Gonzalez.

On April 25, 2021, B.M.’s family contacted law enforcement in Georgia. Georgian authorities then contacted the FBI, who helped recover the victim at a barbershop in the El Paso area on April 27, 2021. On the same day, law enforcement also secured the recovery of N.N.P.-C. at a pizza restaurant in El Paso.

Arce and Sowell pleaded guilty in September 2021 to one count of conspiracy to take a hostage and two counts of hostage taking. They remain in custody pending sentencing.

Gonzalez faces up to 15 years in prison.

The FBI El Paso Field Office investigated this case with assistance from the FBI Las Cruces Resident Agency, El Paso Police Department, Las Cruces Police Department, Otero County Sheriff's Office, Doña Ana County Sheriff's Office, U.S. Border Patrol El Paso Sector and Border Patrol El Paso Sector Special Operations Detachment BORTAC. Assistant U.S. Attorneys Matthew Ramirez and Rachel Feuerhammer are prosecuting the case.

ALBUQUERQUE, N.M. – Bobby Garcia, 29, of Santa Fe, New Mexico, appeared in federal court on March 22 for a preliminary and detention hearing, facing charges of bank robbery and brandishing a firearm during and in relation to and in furtherance of a crime of violence. Garcia will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, on March 16, Garcia allegedly entered a Wells Fargo Bank on St. Michael’s Drive in Santa Fe and robbed it using a firearm. Garcia then allegedly fled the bank in a black Kia.

Shortly afterward, Santa Fe Police officers spotted a car matching the description of Garcia’s vehicle on St. Francis Road and attempted a traffic stop. The vehicle did not stop, and a pursuit ensued. Officers from the Santa Fe County Sheriff’s Office and the New Mexico State Police joined the pursuit, which eventually ended at the intersection of Old Las Vegas Highway and Storrie Lane in Santa Fe, and Garcia was arrested.

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

The Santa Fe Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Santa Fe Police Department, the Santa Fe Sheriff’s Office and the New Mexico State Police. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.

ALBUQUERQUE, N.M. – Elizabeth Talamantes, 39, pleaded guilty on March 16 in federal court to possession of firearms in furtherance of a drug trafficking crime. Talamantes will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Talamantes on Aug. 25, 2020. According to the plea agreement and other court records, Talamantes, a citizen of Mexico, was previously deported from the United States on Sept. 18, 2017. She was found present in Albuquerque on July 28, 2020, and admitted that she knowingly reentered the United States illegally.

On Aug. 4, 2020, while executing a search warrant on Talamantes’ residence, law enforcement found Suboxone strips, 1.2 grams of methamphetamine, two Glock handguns, a bag of ammunition, and 89 Clonazepam pills (50 grams). Talamantes admitted to possessing the narcotics with intent to distribute and that she possessed the firearms in furtherance of drug trafficking.

During the search of the residence, law enforcement also found 11 large glass jars and one large plastic bag of marijuana with a gross weight of 8,015.1 grams. Talamantes’ son, Ricardo Barron, 24, of Albuquerque, who lived at the residence with his mother, pleaded guilty on Feb 17 to possession with intent to distribute marijuana. Barron is scheduled to be sentenced on May 25. He faces up to five years in prison.

Talamantes faces a minimum of five years and up to life in prison, and has consented to removal from the United States upon completion of her sentence.

The Albuquerque Field Office of the FBI investigated this case. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.

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ALBUQUERQUE, N.M. – Zechariah Freemen, 45, was sentenced in federal court today to 10 years and one month for sexual abuse. A federal jury convicted Freeman on July 30, 2021.

A federal grand jury indicted Freemen on Jan. 9, 2020. According to the indictment and other court records, on the evening of June 15, 2019, Freeman, a civilian, attended a gathering at a house on Kirtland Air Force Base in Albuquerque, where the victim was also present. In the early morning hours of June 16, 2019, Freeman sexually abused the victim while she was physically incapable of declining or communicating her unwillingness to participate.

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

The United States Air Force Office of Special Investigations investigated this case with assistance from the Albuquerque Police Department and the U.S. Marshals Service. Assistant U.S. Attorneys Letitia Carroll Simms and Sarah J. Mease prosecuted the case.

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ALBUQERQUE, N.M. – Bryan Bull, 40, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on March 15 in federal court to 14 years in prison for aggravated sexual abuse of a minor in Indian Country.

Bull pleaded guilty on Aug. 30, 2021. According to the plea agreement and other court records, on June 3, 2019, Bull and Jeremiah Elijah Jim, 32, of Teec Nos Pos, Arizona, and an enrolled member of the Navajo Nation, used intimidation and force on then 14-year-old John Doe and sexually abused him.  The abuse took place in Shiprock on the Navajo Nation.

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

Jim pleaded guilty to sexual abuse of a minor and was sentenced on Oct. 27, 2021, to 24 years in prison and must register as a sex offender.

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

ALBUQERQUE, N.M. – Diego Fernandez, 23, of Los Lunas, New Mexico, pleaded guilty in federal court on March 7 to being a felon in possession of a firearm and ammunition.

Fernandez was indicted by a federal grand jury on July 12, 2021. According to the plea agreement and other court records, on April 7, 2021, as law enforcement attempted to execute a traffic stop, Fernandez attempted to flee, driving recklessly and towards oncoming traffic in Bernalillo County, New Mexico. Shortly after, law enforcement located Fernandez with the assistance of air support and apprehended him as he tried to escape on foot.

At the time of the arrest, Fernandez possessed a loaded firearm. As a convicted felon, Fernandez could not legally possess a firearm or ammunition.

Fernandez faces up to 10 years in prison.

The FBI’s Albuquerque Violent Crime and Gang Task Force (VCGTF) investigated this case with assistance from the New Mexico State Police. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.

ALBUQERQUE, N.M. – Devin Perkins, 26, of Albuquerque, was sentenced in federal court on Feb. 23 to 10 years in prison for conspiracy to commit sex trafficking of a minor. Perkins pleaded guilty on May 9, 2019.

Perkins and his co-conspirators, including Jason Jackson, 27, of Rio Rancho, New Mexico, and Keron “Smash Bro” Lucious, 24, of Albuquerque, were charged with various crimes, including conspiracy to recruit minors to engage in commercial sex acts.

In his plea agreement, Perkins admitted that from April 2017 to July 2017, he conspired with Lucious, Jackson and others to recruit, entice, harbor, transport and advertise a minor child for the purpose of prostitution. In furtherance of the conspiracy, Perkins rented hotel rooms, advertised on internet sites and transported the victim for commercial sex acts.

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

The case was investigated by the FBI, Homeland Security Investigations (HSI), the Bernalillo County Sheriff’s Office and the Bernalillo County District Attorney’s Office. Assistant U.S. Attorney Letitia Carroll Simms 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. – A federal jury on March 10 returned a guilty verdict on Brian Tony, 50, of Gallup, New Mexico. The jury found Tony guilty of voluntary manslaughter.

Tony, an enrolled member of the Navajo Nation, was arrested on June 3, 2016, on a criminal complaint charging him with killing a man by stabbing him in the head and neck and hitting him with a hammer. Tony killed the victim on the Navajo Nation in McKinley County, New Mexico, on May 9, 2016.  At the time, Tony was on supervised release for a prior conviction on a federal assault charge.

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

On Aug. 8, 2017, Tony was charged in a superseding indictment with first-degree murder and two counts of witness tampering.  On Sept. 30, 2017, a jury convicted Tony of witness tampering. Following Tony’s arrest in June 2016, while he was detained at the Santa Fe County Detention Center, Tony called friends and relatives imploring them to convince a witness to leave town and to prevent him from testifying. In a number of these recorded calls, Tony can be heard attempting to dissuade his girlfriend from cooperating with law enforcement.

Tony has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not been scheduled.  Tony faces up to 15 years in prison for the voluntary manslaughter conviction.

This case was investigated by the Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Nation Division of Public Safety. Assistant United States Attorneys Joseph M. Spindle and Nicholas J. Marshall are prosecuting the case.

ALBUQUERQUE, N.M. – Evan Lemmon, 28, of Albuquerque, appeared in federal court today for a detention hearing, charged with nine counts of bank robbery. Lemmon will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, from Sept. 28, 2021, to March 7, 2022, Lemmon allegedly committed nine bank robberies in Albuquerque following a similar pattern. Each time, Lemmon allegedly entered the banks wearing a cap, face covering, and a glove on his right hand and passed a similar note to a teller. After the tellers complied, Lemmon allegedly fled on foot to a car parked nearby and left the scene.

On March 7, the day of the ninth robbery, law enforcement executed a search warrant at Lemmon’s residence. Investigators allegedly recovered cash consistent with the ninth robbery as well as clothing allegedly resembling what was worn in several of the robberies.

“If you rob a bank, expect the FBI and our partners to do everything we can to bring you to justice,” said Special Agent in Charge of the FBI Albuquerque Field Office Raul Bujanda. “Rob a lot of banks, and our determination to find you becomes that much stronger. We worked closely with the Albuquerque Police Department to end this crime spree before someone got hurt. The FBI's time-tested strategy for solving bank robberies still fits like a glove: teams of our special agents and intelligence analysts combing through every lead, working alongside local law enforcement counterparts, focused on the capture and successful prosecution of the offender.”

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

The FBI’s Albuquerque Violent Crime and Gang Task Force and the Albuquerque Police Department’s Investigate Support Unit (ISU) investigated this case. Assistant United States Attorney Jaymie L. Roybal is prosecuting the case.

ALBUQUERQUE, N.M. – Christian Quintana, 33, of Dulce, New Mexico, was arraigned in federal court on March 9 on a three-count indictment charging him with abusive sexual contact, aggravated sexual abuse by force or threat, and aggravated sexual abuse of a child. Quintana will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Quintana on Oct. 26, 2021. According to the indictment, between Oct. 1, 2012, and Oct. 30, 2013, Quintana allegedly engaged in sexual contact with a child, identified as Jane Doe 1. Between April 10, 2015, and May 10, 2016, Quintana allegedly engaged in a sexual act with Jane Doe 1, who at the time was less than 12 years old.

Between Oct. 17, 2019, and Oct. 17, 2020, Quintana allegedly engaged in a sexual act with a second victim, a minor identified as Jane Doe 2. He allegedly did so by force.

The abuse charged in the indictment is alleged to have taken place in Rio Arriba County, New Mexico, in Indian Country. Both victims are enrolled members of the Jicarilla Apache Tribe.

An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Quintana 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 with assistance from the Jicarilla Apache Police Department. Special Assistant United States Attorney Chelsea N. Van Deventer is prosecuting the case.

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ALBUQUERQUE, N.M. – Wade Dixon, 33, of Crownpoint, New Mexico, and an enrolled member of the Navajo Nation, was arraigned in federal court today on a charge of sexual abuse of a minor in Indian Country. Dixon will be released to a halfway house pending trial, which has not been scheduled.

A federal grand jury indicted Dixon on Feb. 24. According to the indictment, on July 10, 2021, Dixon allegedly engaged in a sexual act with a victim, identified as Jan Doe, who was younger than 16 years. The alleged abuse occurred in McKinley County, New Mexico, on the Navajo Nation.

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

The Navajo Nation Police Department investigated this case with assistance from the FBI. Special Assistant United States Attorney Chelsea N. Van Deventer is prosecuting the case.

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ALBUQUERQUE, N.M. – Sheldon Livingston, 22, of Pinedale, New Mexico, and an enrolled member of the Navajo Nation, was arraigned in federal court today on a charge of aggravated sexual abuse.

A federal grand jury indicted Livingston on Feb. 24. According to the indictment and other court records, during December 2020, Livingston allegedly engaged in a sexual act with a child who had not attained the age of 12. The assault allegedly took place in McKinley County, New Mexico, on the Navajo Nation.

An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Livingston 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. Special Assistant United States Attorney Chelsea N. Van Deventer is prosecuting the case.

ALBUQUERQUE – A federal jury sitting in Albuquerque on March 2 returned a verdict finding Nick L. Medeiros, 49, and Bobby D. Greaves, 62, both of San Antonio, Texas, guilty of federal fraud and false statement charges following a seven-day trial.

A federal grand jury indicted Medeiros and Greaves on June 13, 2018, charging the two men with conspiracy, major fraud against the United States, and two counts of false statements. The indictment also included forfeiture provisions. On March 10, 2020, a federal grand jury returned a four-count superseding indictment charging Medeiros and Greaves with unlawfully obtaining more than $3 million in government contracts by falsely and repeatedly representing to the United States that Medeiros, a service-disabled veteran, was operating independently from Greaves, his brother-in-law. The indictment alleged that instead Medeiros relied on Greaves, who is not a veteran, to complete all of Medeiros’ government contract work by providing the labor and equipment. The superseding indictment alleged that two of the government contracts involved in the defendants’ fraudulent scheme involved construction projects at Cannon Air Force Base in Clovis, New Mexico, and included a $1.9 million contract to build a “Drop Zone” cybercafé.

The trial began on February 22 and concluded on March 2, when the jury returned guilty verdicts on all four counts.

During the trial, the evidence established that Greaves and Medeiros agreed to create a pass-through entity to get access to programs set aside for service-disabled veterans, and that both made material false statements on which government agencies and personnel relied in awarding contracts to Medeiros’ company.  Evidence also established that Medeiros altered documents, such as bank signature cards and employee resumes. and submitted the altered versions to the Air Force, the Department of Veterans Affairs, and the Small Business Administration. 

The jury deliberated for three hours before returning its guilty verdicts.

“The fraudulent acquisition of contracts intended for service-disabled veterans is an abuse of the system,” said Fred J. Federici, United States Attorney for the District of New Mexico. “Such fraud not only profits unscrupulous parties, it necessarily deprives veterans, who have made a permanent sacrifice in service to our nation, of the opportunity to compete for government contracts to once again serve their country. This office will honor its duty in prosecuting these crimes to restore justice to our veterans.”

“Conspiring to gain federal contracts set aside for service-disabled veterans is reprehensible,” said Special Agent in Charge Jeffrey Breen of the Department of Veterans Affairs Office of Inspector General’s South Central Field Office. “These guilty verdicts send a clear message that anyone who attempts to do so will be held accountable. We thank the U.S. Attorney’s Office and our other law enforcement partners for their efforts in this case.”

“The collaboration between the Department of Veterans Affairs Office of Inspector General, OSI and the Department of Justice, was significant in this investigation” said Special Agent in Charge Blair Holmstrand of the Office of Special Investigations, Procurement Fraud Detachment 3, San Antonio, Texas.  “The guilty verdicts reflect the results of the hard work put forth by all agencies involved.”

The investigation began when a concerned citizen brought the close association between Medeiros and Greaves to the attention of the VA OIG, who requested assistance from AFOSI when the initial investigation revealed questionable conduct on Cannon AFB in New Mexico.

Medeiros and Greaves each face up to 25 years in prison, fines of up to twice the amount of money gained by the fraud, and forfeiture of all proceeds involved in the fraud. The defendants remain on conditions of release pending sentencing, which has not been scheduled.

The Department of Veterans Affairs Office of the Inspector General and the Air Force Office of Special Investigations investigated this case. Assistant United States Attorneys Paul J. Mysliwiec and Jonathon M. Gerson are prosecuting the case.

 

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ALBUQERQUE, N.M. – Andy Cordova, 32, of Santa Cruz, New Mexico, pleaded guilty in federal court on Mar. 2 to possession with intent to distribute heroin. Cordova was indicted by a federal grand jury on June 23, 2021.

According to the plea agreement, 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.

Cordova faces a sentence of up to 20 years in prison.

The Santa Fe Resident Agency of the FBI investigated this case. Assistant U.S. Attorney Alexander F. Flores is prosecuting the case.

ALBUQUERQUE, N.M. – Jeffery Dean Biddle, 41, of Deming, New Mexico, made an initial appearance in federal court on March 2 facing charges of production and attempted production of child pornography, receipt and attempted receipt of child pornography, and enticement and attempted enticement. Biddle will remain in custody pending a preliminary and detention hearing scheduled for March 7.

According to a criminal complaint, on Oct. 7, 2021, law enforcement executed a search warrant at Biddle’s residence. During that search and subsequent searches of Biddle’s social media accounts, investigators found evidence that Biddle allegedly used several Facebook accounts to gain access or attempt to gain access to minor victims. Biddle also allegedly used his cellphone to communicate with victims. Some of the conversation led to Biddle allegedly requesting naked photos of children.

A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty.

If convicted, Biddle faces a minimum of 10 years and up to life in prison for enticement. Due to a prior conviction in 2004 for criminal sexual contact of a minor, Biddle faces enhanced penalties of a minimum of 10 years and up to 20 years in prison for receipt of child pornography and a minimum of 25 years and up to 50 years in prison for production of child pornography.

Homeland Security Investigations (HSI) investigated this case with assistance from the FBI, the Drug Enforcement Administration’s Las Cruces District Office, New Mexico State Police, the Deming Police Department, and the District Attorney’s Office for the Sixth Judicial District. Assistant United States Attorneys Marisa A. Ong and Matilda McCarthy Villalobos are prosecuting the case.

ALBUQUERQUE, N.M. – A federal jury today returned a guilty verdict on Jacquan Abe, 24, of Albuquerque, for one count each of robbery, using, carrying and brandishing a firearm during and in relation to a crime of violence, and possession of a stolen firearm. Abe will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Abe on April 14, 2021.

The evidence at trial showed Abe lived in a house directly behind an automobile repair shop on Eubank Boulevard. On Aug. 6, 2019, Abe confronted an employee of the auto business while wearing a Highland High School sweatshirt. Abe accused the auto business of spying on his home with its security cameras, which was not true. The shop employee became frightened by Abe’s aggressiveness and retrieved a pistol from inside the auto shop.  The employee then returned to the front of the business where Abe was standing. Abe attacked the shop employee and they wrestled on the ground. The gun became loose and Abe picked it up. He made several attempts to shoot the weapon at the shop employee’s head, but no bullets discharged because the gun’s safety mechanism was engaged.  

Abe then ran to an insurance business a short distance away while still armed with the gun. He went inside, pointed the gun at a sales agent and demanded she show him where the business kept its cash. The sales agent took Abe to the back of the business where he grabbed about $63 from a petty cash box. Abe tried to flee the scene, but a worker from a neighboring smoke shop confronted Abe with a gun of his own. Abe eventually tripped and dropped his gun. The smoke shop worker picked it up as Abe ran away. 

The Albuquerque Police Department released video footage to the news media showing the fight at the auto shop. APD received an anonymous tip identifying Abe as the perpetrator. Police arrested Abe after the auto shop, insurance business and smoke shop employees all positively identified Abe in photo arrays. The trial evidence showed Abe previously attended Highland High School. The evidence further showed the robbery of the insurance business affected interstate commerce and the firearm that Abe used in the crimes was manufactured in Massachusetts and traveled in interstate commerce to New Mexico prior to the robbery.

Abe faces up to 10 years in prison for possession of a stolen firearm, up to 20 years in prison for robbery, and a minimum of seven years consecutive and up to life in prison for brandishing a firearm during and in relation to a crime of violence.

The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorneys Timothy Trembley and Sean J. Sullivan are prosecuting the case.

ALBUQUERQUE, N.M. – U.S. Attorney for the District of New Mexico Fred J. Federici today announced a settlement agreement with the Santa Fe Boys and Girls Club to resolve issues involving two special project grants awarded to the Club.

According to the settlement agreement, the U.S. Department of Housing and Urban Development (HUD) awarded two grants to the Club to purchase land for construction of a new facility. HUD granted the Club $268,245 in 2003 and $497,050 in 2004, from which a total of $750,986.51 was distributed to the Club. In 2005 the Club used the funds to purchase a parcel of land located at 1107 Ocate Road in Santa Fe, New Mexico.

At issue was the Club’s failure to use the grant funds as outlined in the agreements. The government asserted that the Club failed to build a new facility and then did not return the funds as prescribed by HUD, federal law, and the grant agreements. Additionally, the sale of portions of the land by the Club, other encumbrances on the land incurred by the Club, and the Club’s failure to remit the proceeds of those encumbrances to the United States violate federal law, the grant agreements and the False Claims Act.

“The United States relies on grant recipients to use taxpayer-funded grants appropriately,” said U.S. Attorney Federici. “Failure to do so violates the law and the public trust and will be vigorously pursued by the Department of Justice.”

"This unfortunate mismanagement of HUD program funding not only violates the public trust, it is a gross injustice to the communities directly impacted," said Special Agent-in-Charge Bertrand Nelson with the HUD Office of Inspector General (OIG). "HUD OIG is committed to ensuring HUD community development grants are appropriately managed and used for the benefit of the communities they are intended to assist."

In accordance with the settlement, the Club has paid $1,407,640.58 to the United States. The United States releases the Club from any civil or administrative monetary claim for the Club’s conduct in this matter under the False Claims Act.

Assistant United States Attorney Sean Cunniff and Auditor Julie Chappell represented the United States in this settlement agreement.

ALBUQUERQUE, N.M. – Byron Calavaza, 33, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, was sentenced on Feb. 23 in federal court to five years in prison for sexually abusing a minor in Indian Country. Calavaza pleaded guilty on March 23, 2021.

According to the plea agreement, Calavaza sexually abused the minor victim on four occasions between Dec. 25, 2017, and Jan. 21, 2018, at a residence on the Zuni Pueblo. Calavaza admitted to committing intentional and unlawful sexual abuse of a minor who was between the age of twelve and fifteen.

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

The Zuni Police Department investigated this case. Assistant U.S. Attorney Novaline D. Wilson prosecuted the case.

ALBUQUERQUE, N.M. – Guillermo Rodriguez Garcia, 39, of Deming, New Mexico, made an initial appearance in federal court today facing charges of production of child pornography. Rodriguez Garcia will remain in custody pending a detention hearing scheduled for March 1.

According to a criminal complaint, on May 18, 2020, police responded to an incident relating to an accusation of sexual abuse of children. After follow-up interviews, on Jan. 26, 2021, Rodriguez Garcia was arrested on a New Mexico state charge of criminal sexual penetration of the first degree. A search of Rodriguez Garcia’s cellphone identified two videos as potential child pornography. The videos, from Aug. 26 and 27 of 2019, allegedly show Rodriguez Garcia engaging in sexual conduct with a 12-year-old victim.

A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Rodriguez Garcia faces a minimum of 15 years and up to 30 years in prison.

Homeland Security Investigations (HSI) investigated this case with assistance from the Deming Police Department and the 6th Judicial District Attorney’s Office. Assistant United States Attorney Marisa A. Ong is prosecuting the case.

ALBUQUERQUE, N.M. – Samson Hardridge, 33, of Lancaster, California, made an initial appearance in federal court on Feb. 23 facing a charge of interference with flight crew members and attendants. Hardridge will remain in custody pending a detention hearing scheduled for Feb. 25.

According to a criminal complaint, on Feb. 18, Hardridge was a passenger on Southwest Flight 474 from Dallas to Burbank. After takeoff, Hardridge allegedly left his seat to use the lavatory at the back of the plane. A flight attendant asked Hardridge to stand in the aisle of the aircraft since the galley was too small. Hardridge allegedly had his hands in his pants and asked if the flight attendant wanted to see his penis. The flight attendant declined and again requested that Hardridge remain on the carpeted area of the aisle.

Hardridge allegedly proceeded to the door near the rear galley of the aircraft and began urinating in the corner. A second flight attendant informed Hardridge he could not urinate there and Hardridge allegedly became very hostile. Hardridge allegedly yelled and threatened the flight attendants and infringed on their personal space.

Hardridge was asked to take his seat. Out of concern for their safety as well as that of the other passengers, one of the flight attendants informed the pilot of the situation and the flight was diverted into Albuquerque.

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

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

ALBUQUERQUE, N.M. – Four inmates at the Luna County Detention Center in Deming, New Mexico, have pleaded guilty in federal court to assault upon a person assisting federal officers involving physical contact. All four inmates had been convicted in federal court and sentenced within four to eight months prior to the assault.

According to the plea agreements and other court records, on Feb. 17, 2021, 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. Victor Sanchez, 25, saw the altercation and joined Black in striking the officer. As the altercation continued, Jacob Merkel, 23, 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, 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. Sanchez pleaded guilty on Feb. 9. By the terms of their plea agreements, Black and Sanchez each face one year and nine months for the offense. Merkel pleaded guilty on Feb. 7. Felix pleaded guilty on Feb. 4. By the terms of their plea agreements, Merkel and Felix each face one year and three months for the offense. Sanchez, Merkel and Felix are scheduled for sentencing on May 16. No sentencing date has been scheduled for Black.

The U.S. Marshals Service investigated this case. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.

ALBUQUERQUE, N.M. – Shane Alderete, 46, of Albuquerque, was arraigned in federal court today on a charge of being a felon in possession of a firearm and ammunition. Alderete will remain in custody pending trial, which has not been scheduled.

A federal grand jury indicted Alderete on Feb. 8. According to the indictment and other court records, on Dec. 2, 2021, a Bernalillo County Sheriff’s Deputy, who is an officer for the FBI’s Albuquerque Violent Crime Gang Task Force, performed a traffic stop on Alderete’s vehicle. After the deputy activated the lights on his marked patrol vehicle, Alderete allegedly continued at a low rate of speed for approximately two blocks before stopping.

After the deputy asked Alderete to get out of the vehicle, the deputy observed a firearm in the vehicle. The vehicle was sealed, towed and later searched. During the search, a loaded firearm and additional ammunition were recovered from the vehicle.

Alderete was previously convicted of two counts of possession of a controlled substance and three counts of trafficking of a controlled substance. As a previously convicted felon, Alderete cannot legally possess a firearm or ammunition.

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

The Violent Crime Gang Task Force investigated this case. Assistant United States Attorney Niki Tapia-Brito is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Rayshawn Boyce, 26, of Albuquerque, made an initial appearance in federal court today facing charges of robbery of a postal employee, theft or receipt of stolen or reproduced keys or locks, and brandishing a firearm during and in relation to a crime of violence. Boyce will remain in custody pending a detention hearing scheduled for Feb. 22.

According to a criminal complaint, on Jan. 18 a United States Postal Service (USPS) letter carrier was gathering mail from his vehicle on Domingo Road NE in Albuquerque when Boyce and another person allegedly grabbed the carrier by the back of the shirt, pulled him from the vehicle and threw him onto the ground. Boyce and his accomplice allegedly pointed handguns at the carrier’s head and demanded his postal keys. The carrier complied and Boyce and his accomplice allegedly fled the area.

A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Boyce faces up to 10 years in prison for stolen keys, up to 10 years in prison for robbing a postal employee and a minimum of seven years and up to life in prison for brandishing a firearm during a crime of violence.

The United States Postal Inspection Service investigated this case with assistance from Homeland Security Investigations (HSI). Assistant United States Attorney Letitia Simms is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – United States Attorney for the District of New Mexico Fred J. Federici joined FBI Albuquerque Special Agent in Charge Raul Bujanda and local and state law enforcement partners to announce a new billboard campaign aimed at reducing violent crime.

The billboards’ message: “Gun crime = Federal time. No parole.”

“Our simple message today is for dangerous criminals who are responsible for driving up violent crime in Albuquerque,” said U.S. Attorney Federici. “And that message is that you should think twice if you are a convicted felon who chooses to carry a gun, or are a criminal who is drug trafficking or robbing people using a gun, because you could find yourself with a one-way ticket to federal court. This office vigorously enforces our federal laws, and we are resolved to both identifying the most dangerous criminals and determining the most just and effective avenue for prosecuting them. We are committed to restoring the sense of safety the people of Albuquerque so much deserve."

The U.S. Attorney and Special Agent in Charge were joined by local and state partners from the Violent Crime and Gang Task Force: Albuquerque Police Chief Harold Medina; Bernalillo County Sheriff Manny Gonzales; and New Mexico Department of Public Safety Secretary Jason Bowie.

Below are the U.S. Attorney’s remarks from the event:

Thank you and good morning.

My name is Fred Federici. I am the United States Attorney for the District of New Mexico. We really appreciate you joining us here today for this message. It is an important community message for all of us.

I first want to thank FBI Special Agent in Charge Raul Bujanda. He and his staff committed to this public awareness campaign, and we are happy to be here with him today and with all our state and local partners.

Getting the message on this billboard out to those who need to hear it is just one part of the Department of Justice’s ongoing strategy to combat violent crime. That’s a strategy that I know you will be hearing more about in the months to come from the Department. But combating violent crime is something to which the United States Attorney’s Office has been over the past several years and is fully committed, as the SAC just told you.

Our simple message today is targeted at felons who possess guns, carjackers, people holding up businesses with guns, bank robbers, and people trafficking drugs or committing other violent crimes and choosing to do that with guns. And our simple message to them is this: If you want to find yourself staring down the barrel of a federal indictment, then commit just one of the federal crimes I just listed and you will find yourself with a one-way ticket to federal court.

So, for example, if you have spent time in the past in a jail cell or a prison cell wearing government-issued orange coveralls and you get out and you decide that it’s still a good idea to possess a gun, then know that you may well find yourself on the working end of a federal indictment. We have federal prosecutors standing by ready to do just that.

And let me be very clear about the potential federal penalties that just some of these crimes carry that are implicated by this billboard behind me.

For example, if you illegally possess a firearm as a prohibited person, like a convicted felon, that’s a federal crime punishable by up to 10 years in a federal prison. Depending on the violence of your criminal history, you could be facing a mandatory minimum of 15 years in a federal prison cell for possessing that firearm.

Or if you decide to carry or use a firearm during a violent crime or drug trafficking crime, by federal law you can face a minimum of five years in prison and up to life in prison, and that’s on top of the penalty that you’re going to face for the underlying crime that’s attached to it. If you actually choose to brandish a firearm during that crime, well then guess what: it’s a minimum of seven years in federal prison on top of the penalty for the underlying crimes.

And if you are so foolish as to decide to discharge a firearm during such a crime, it’s a minimum of 10 years that you might get to spend sitting in a federal prison on top of the penalty that you will get for the underlying crime.

And finally, if you have certain prior convictions, you could be facing a minimum penalty as high as 25 years in a federal prison.

As our SAC just told us, offenders should also be aware that the FBI’s Violent Crime Task Force, which we put together in Albuquerque, and by “we,” I mean everybody standing up here - the Sheriff, APD, the FBI, the DPS, New Mexico State Police, everybody, and others – the FBI Violent Crime Task Force that has been put together in Albuquerque is formidable and it includes federal, state and local officers. And almost every single day prosecutors from the U.S. Attorney’s Office who lead our Project Safe Neighborhood initiative work together with our state counterparts to try to identify the most dangerous offenders. That’s the goal here: to try to identify the most dangerous offenders on the streets of Albuquerque and find the most just and effective venue for prosecuting them.

Those for whom the message on this billboard is intended should also be on notice that for the last few years we have developed the strongest working relationship that I know of over my 27 years of being a prosecutor in New Mexico. The strongest working relationship we have ever had with our state and local counterparts in this district. We are all fully committed to this fight.

In fact, since mid-2017 we have brought literally hundreds of cases involving some of the most dangerous offenders arrested by the Albuquerque Police Department over to the U.S. Attorney’s Office for federal prosecution. So these billboards should serve notice to those who need to hear it that we are here to vigorously enforce federal criminal laws.

Like you, all of us live here, all of us work here. Like you, all of our families live here, go to school here and work here. And we do not think it’s acceptable that there are criminals who think that they own the streets of Albuquerque, because they don’t. Our families should not have to go to bed at night used to hearing police helicopters flying overhead trying to catch dangerous criminals or hearing gunshots from our back yards.

So, I can assure you that we are fully committed to doing everything we can to help our state counterparts restore the sense of safety that the people of Albuquerque so much deserve.

Thank you.

# # #

ALBUQUERQUE, N.M. – Bobby Peña, 46, of Albuquerque, pleaded guilty on Feb. 10 in federal court to possession of visual depictions of minors engaged in sexually explicit conduct and false claims against the government. A federal grand jury indicted Peña on Oct. 9, 2019.

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

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

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

The false claims charges carry a statutory maximum of up to five years in prison and up to three years of supervised release. Peña faces a statutory maximum of up to 20 years in prison and a minimum of five years and up to life of supervised release for possession of child pornography.

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

# # #

ALBUQUERQUE, N.M. – Richard “Fat Jesus” Wheeler, 38, of Albuquerque, pleaded guilty in federal court on Feb. 10 to an indictment charging him with three counts of distribution of 50 grams and more of a mixture and substance containing methamphetamine, two counts of using and carrying a firearm during, in relation to, and in furtherance of a drug trafficking crime, one count of possession with intent to distribute 40 grams and more of a mixture and substance containing fentanyl and one count of being a felon in possession of a firearm and ammunition.  Wheeler will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Wheeler on August 25, 2021. According to the plea agreement and other court records, on July 16, 2021, Wheeler, who was armed with a Glock pistol, sold 112.6 grams of methamphetamine to an undercover law enforcement officer for $1,200. On July 19, 2021, Wheeler sold 205.8 grams of methamphetamine to an undercover officer for $2,000. On July 22, 2021, Wheeler sold 454.6 grams of methamphetamine to an undercover officer for $4,000.

On July 27, 2021, the New Mexico State Police arrested Wheeler and searched his vehicle. Police found two loaded firearms, approximately 1,500 fentanyl pills and $4,000 in cash. In his plea agreement, Wheeler admitted that he intended to sell the fentanyl pills and that he possessed the firearms in relation to drug trafficking.

By the terms of the plea agreement, Wheeler faces 15 to 17 years in prison.

The FBI’s Albuquerque Violent Crime Gang Task Force (VCGTF) investigated this case with assistance from the New Mexico State Police. Assistant United States Attorneys Jaymie L. Roybal and Alexander Uballez are prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Marion L. Ledford, 67, of Alamogordo, New Mexico, was sentenced in federal court on Feb. 14 to one year and six months in prison for tax evasion for submitting a personal income tax return on April 28, 2016, that substantially underreported Ledford’s taxable income for 2015. Ledford pleaded guilty on Nov. 20, 2019.

According to the plea agreement and other court records, Ledford was a director for the Robert W. Hamilton Foundation, a non-profit organization providing scholarships to high school graduates in Otero County, New Mexico.  Ledford controlled the foundation’s finances without oversight. For over five years, Ledford used his position of trust to write checks to himself totaling $1,785,300 from the foundation’s accounts.

Ledford filed tax returns, prepared by the CPA firm where he was a partner, for 2011 to 2016 that reported some of his income, but he did not provide any information regarding the receipt of this additional income and did not report the additional money he embezzled from the foundation. As a result, in addition to taking money from the foundation, Ledford avoided payment of $629,289 in taxes owed to the United States.

Upon his release from prison, Ledford will be subject to three years of supervised release. Ledford was ordered to pay restitution in the amount of $1,785,300 to the Robert W. Hamilton Foundation and shall pay $629,289 to the Internal Revenue Service.

The Internal Revenue Service – Criminal Investigation investigated this case.  Assistant United States Attorney Richard C. Williams prosecuted the case.

# # #

Relda Martinez, 57, of Prewitt, New Mexico, was sentenced in federal court on Feb. 10 to five years of probation and 50 hours of community service for federal program fraud. Martinez pleaded guilty on July 14, 2021.

A federal grand jury indicted Martinez on Oct. 16, 2020. According to the indictment and other court records, from 2014 through 2016, Martinez was employed as the Community Service Coordinator at the White Horse Lake Chapter House (WHLCH) on the Navajo Nation, which afforded her access to the WHLCH financial accounting system. Martinez used her access to issue numerous checks to other parties ostensibly as payments for legitimate work, but were issued in amounts greater than the actual cost of the work or for work that was not performed. Martinez admitted that the money went to herself, her family members and her friends.

Among the checks issued by Martinez were 12 checks issued to a person identified in court records as “A.K.”  Martinez listed the purpose of the checks as for archeological surveys, which are required for any land development on the Navajo Nation. However, Martinez knew that A.K. was not a licensed archeologist and that A.K. did not perform any surveys.

“IRS Criminal Investigation, along with our law enforcement partners, will vigorously pursue individuals who take advantage of their positions and misappropriate government funds for their own financial gain,” said Andy Tsui, Special Agent in Charge IRS Criminal Investigation Denver Field Office. “We remain firm in our commitment to promote honest and ethical financial operations at all levels, and to prosecute those who violate the public’s trust.”

“We hope this prosecution and sentencing will serve as a deterrent to others contemplating stealing federal funds for their own personal gain,” said Jamie DePaepe, Acting Special Agent in Charge, Department of the Interior Office of Inspector General’s Western Region. “We will continue to work with our law enforcement partners to investigate individuals who violate the public’s trust and bring them to justice.”

 In addition to her probation and community service, Martinez must pay $26,885.55 in restitution, either in full immediately or in monthly installments of $250.00 or 10 percent of her monthly income, whichever is greater.

The IRS Criminal Investigation Durango Office and the Department of the Interior Office of the Inspector General investigated this case. Assistant United States Attorney Jonathan Gerson prosecuted the case.

# # #

ALBUQUERQUE, N.M. – Mark Christopher Arnold, 39, of Albuquerque, was sentenced in federal court on Feb. 9 to four years and nine months in prison for interstate communication of threats, cyberstalking, unauthorized computer access in furtherance of cyberstalking, and aggravated identity theft. Arnold pleaded guilty to a four-count indictment on July 14, 2020.

According to the indictment and other court records, Arnold and the victim were involved in a relationship from 2016 to 2018, when the victim ended the relationship after an incident in which Arnold pointed a loaded pistol at her. The victim obtained a restraining order against Arnold in 2019. Between April 10, 2019, and June 10, 2019, Arnold sent over 700 messages including numerous threats and harassing statements to the victim.

In May 2019, the victim closed her Facebook account, but created a new account under a different last name around March 2020 and did not share the new account with Arnold. Between May 22, 2020, and May 24, 2020, she received several security warnings from Facebook, including that her password had been reset and that the account had been accessed from a different location. On May 23, 2020, Arnold sent her a message stating that she had left her passwords on his computer and that he had read her messages. He also left a voicemail in which he admitted to accessing her account.

On May 23, 2022, Arnold created a new Facebook account under the same name as the victim’s account and used it to send messages to the victim. Around the same time, Arnold began using his own Facebook account to send messages to the victim’s friends that included links to private videos of the victim. Arnold had posted the videos online under an account name that was very similar to the victim’s Facebook account. The videos were posted without the victim’s consent.

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

The FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Paul Mysliwiec prosecuted the case.

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ALBUQUERQUE, N.M. – Gabriel Lucero, 33, of Santa Clara, New Mexico, was sentenced in federal court on Feb. 10, to ten years in prison for firearm and drug offenses. On July 3, 2019, Lucero pleaded guilty to eight counts of being a felon in possession of firearms, one count of unlawful dealing in firearms, one count of illegal receipt of a firearm by a person under indictment, one count of conspiracy, one count of possession with intent to distribute marijuana and aiding and abetting.

A federal grand jury indicted Lucero on June 27, 2019. According to the indictment and other court records, on Aug. 11, 2018, law enforcement responded to a reported domestic dispute involving Lucero and were told that Lucero had fired multiple rounds in the air and possessed two firearms. Silver City police officers located Lucero and sealed and impounded his vehicle.

Investigators located Lucero’s cellphone during a search of the vehicle. Searches of Lucero’s phone revealed evidence that on Aug. 1, 2017, Lucero possessed at least 10 kilograms of marijuana with intent to distribute it and that he conspired with others to do so. The phone also contained evidence that from Aug. 1, 2017, to July 18, 2018, Lucero possessed numerous firearms, including rifles, pistols and shotguns.  The phone contained additional evidence demonstrating that Lucero engaged in dealing firearms without a license on Aug. 1, 2017, and had received a firearm on Jan. 18, 2018, while under indictment for trafficking controlled substances.

Lucero was previously convicted of possession of marijuana in 2008 and voluntary manslaughter in 2012. As a convicted felon, Lucero cannot legally possess a firearm or ammunition.

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

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Silver City Police Department investigated this case. Assistant United States Attorneys Maria Armijo and Ry Ellison prosecuted the case.

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ALBUQUERQUE, N.M. – On February 10, 2022, Peter Oka, 30, of Coolidge, New Mexico, and an enrolled member of the Navajo Nation, appeared for his preliminary and detention hearing for charges of use of a firearm during a crime of violence, assault with a dangerous weapon with intent to do bodily harm, and assault resulting in serious bodily harm. The court ordered Oka detained pending trial.

According to a criminal complaint, on Jan. 26, Oka allegedly got into an argument with the occupants of a house located on the Navajo Nation Reservation. Oka allegedly retrieved a firearm and fired multiple rounds into the ceiling. Oka allegedly pointed the firearm at John Doe, shooting him multiple times. Oka allegedly then shot Jane Doe and himself. John Doe sustained several gunshot wounds to the chest. Oka had a gunshot wound that entered his neck and exited around his ear.

A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Oka 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 Navajo Police Department. Assistant United States Attorney Elisa Dimas is prosecuting the case.

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ALBUQUERQUE, N.M. – Jason Scott Deane, 57, of Albuquerque, appeared in federal court on Feb. 4 for a preliminary and detention hearing on a charge of bank robbery. Deane will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, on Sept. 23, 2021, Deane allegedly entered the Bank of the West on Central Avenue SW in Albuquerque and handed a teller a demand note and a plastic bag. The teller complied with the demand, and Deane allegedly fled the bank on an orange motorcycle. Deane allegedly proceeded to the Sky City Casino in Cibola County, New Mexico, where he told an employee to call the police.

Cibola County Sheriff’s Deputies detained Deane until an FBI Task Force officer arrived. Deane was arrested on a New Mexico state warrant for robbery.

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

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

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ALBUQUERQUE, N.M. – Gabriel Monico Guevara, 40, of Albuquerque, made an initial appearance in federal court today, facing charges of possessing firearms during, in relation to or in furtherance of a drug trafficking offense and possession with intent to distribute marijuana. Guevara will remain in custody pending a preliminary and detention hearing scheduled for Feb. 9.

According to a criminal complaint, Albuquerque police executed a search warrant on Guevara’s residence and a smoke shop he owns through a limited liability company (LLC). During the search of Guevara’s residence, investigators allegedly found seven firearms, six of which were loaded and three of which allegedly were stolen. They also allegedly recovered approximately 35.67 pounds of marijuana, 56 oxycodone pills and approximately 3 grams of cocaine. During the search of the smoke shop, investigators found three firearms, two of which were loaded and allegedly stolen. They also allegedly recovered an additional 20.47 pounds of marijuana.

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

The FBI’s Albuquerque Violent Crime and Gangs Task Force (VCGTF) investigated this case with assistance from the Albuquerque District Office of the Drug Enforcement Administration’s El Paso Division and Albuquerque Police Department. Assistant United States Attorney Nora Wilson is prosecuting the case.

ALBUQUERQUE, N.M. – Everett Paquin, 59, of Bosque Farms, New Mexico, and an enrolled member of the Pueblo of Isleta, pleaded guilty on Feb. 3 in federal court to assault with a dangerous weapon and being felon in possession of a firearm and ammunition. Paquin will remain in custody pending sentencing, which has not been scheduled.

A federal grand jury indicted Paquin on April 22, 2021. According to the plea agreement and other court records, Paquin assaulted his then-girlfriend, identified in court records as Jane Doe, at his home on the Pueblo of Isleta. Paquin admitted to pushing, slapping, punching and kicking the victim, as well threatening and injuring her with a utility knife. During the assault, Paquin would not allow the victim to leave and repeatedly threatened her and her family with harm and death. Jane Doe is also an enrolled member of the Pueblo of Isleta.

At the time of the assault, Paquin possessed a loaded shotgun in his home. As a convicted felon, Paquin could not legally possess a firearm or ammunition.

By the terms of the plea agreement, Paquin faces three years and five months in prison.

The Isleta Police Department investigated this case. Assistant United States Attorney Alexander F. Flores is prosecuting the case.

ALBUQERQUE, N.M. – Lance Cojo, 35, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, appeared in federal court on Feb.1 for a preliminary and detention hearing on charges of assault resulting in substantial bodily injury to an intimate partner and assault of an intimate partner by strangulation in Indian Country. Cojo will remain in custody pending trial, which has not been scheduled.

According to the criminal complaint, on the evening of Dec. 31, 2021, through Jan. 1, 2022, Cojo allegedly assault the victim, identified in records as A.K., at her residence on the Mescalero Apache Reservation, in Otero County. Cojo allegedly accused A.K. of cheating on him and assaulted her by stomping on her foot, hitting her in the head multiple times, biting her cheek, burning her shoulder using a smoking pipe and choking her. The next morning, Cojo again allegedly accused A.K. of cheating and grabbed her from her bed, where she and her children were lying, and began to choke her and kick her.

The victim, who is also a member of the Mescalero Apache Tribe, 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.

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

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

ALBUQUERQUE, N.M. – Dennis Dean Garcia, Jr., 34, of Grants, New Mexico, was arraigned in federal court on Feb. 2 on one count each of possession with intent to distribute 50 grams and more of methamphetamine and attempt to provide contraband in prison. Garcia was indicted by a federal grand jury on January 25.

Garcia was employed as a corrections officer at the Cibola County Corrections Center (CCCC) from January 2019 until Feb. 22, 2021. According to the indictment and other court records, on Feb. 22, 2021, CCCC personnel monitoring surveillance video allegedly observed Garcia remove an item from his pocket and place it into a box in a storage room. The item was recovered from the storage room and taken to the warden’s office for examination. Investigators found it to contain approximately 104 grams of methamphetamine.

“Garcia allegedly smuggled drugs into the Cibola County Corrections Center, compromising the safety and security of the institution,” said Cloey C. Pierce, Special Agent in Charge of the Department of Justice Office of the Inspector General Dallas Field Office.

“It's an unfortunate reality that people in all professional positions can become involved in criminal activity,” said Greg Millard, Acting Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “But the men and women of the DEA will investigate those who commit such crimes and keep them accountable.”

An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. Garcia is currently out of custody on conditions of release. If convicted on the drug charge, Garcia faces a minimum of 10 years and up to life in prison. If convicted on the contraband charge, he would face up to 20 years in prison.

The Department of Justice Office of the Inspector General and the Albuquerque District Office of the Drug Enforcement Administration’s El Paso Division investigated this case. Assistant United States Attorney Robert I. Goldaris is prosecuting the case. 

ALBUQERQUE, N.M. – Cisco Joseph Bob, III, 22, of Mescalero, New Mexico, appeared in federal court on Jan. 20 for a preliminary and detention hearing on a charge of assault of a federal officer. Bob will remain in custody pending trial, which has not been scheduled.

According to a criminal complaint, on Oct. 22, 2021, Bob allegedly assaulted a federal officer while being arrested and transported to a nearby hospital for his injuries on the Mescalero Apache Reservation. Law enforcement arrived at Bob’s residence after he had called 911 for help regarding sustained injuries. Law enforcement discovered Bob at his mother’s house behind his residence, allegedly bleeding and intoxicated. While being arrested for intoxication, which is a violation of the Mescalero Apache Tribal Code, Bob allegedly physically resisted arrest, and began to spit blood at law enforcement. His sister, Irene Bob, was also arrested during the incident for assault and domestic violence.

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

The Las Cruces Resident Agency of the FBI Albuquerque Field Office and the Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.