District of New Mexico

ALBUQUERQUE, N.M.  – Adrian Acevedo, 37, of Sunland Park, New Mexico, was sentenced on Aug. 24 to 15 years in federal prison. Acevedo pleaded guilty on Feb. 11, 2020, to conspiracy to take a hostage and conspiracy to harbor illegal aliens.

        According to court records, on Oct. 4, 2019, Acevedo and his co-conspirators detained two sisters, both Cuban nationals, at Acevedo’s home in Sunland Park. Acevedo and the co-conspirators contacted the sisters’ brother and demanded money for their release. Later that day, co-conspirator Willie Espinoza took the sisters to another house where they were held by Espinoza, Judith Clouser and David Diaz. The conspirators continued to demand money from the brother until they received $1,500 on Oct. 5. The sisters were left in the house until they were rescued by Sunland Park Police.

        On Nov. 15, 2019, Acevedo transported an undocumented alien to his home. Acevedo continued to harbor the alien in his home until the alien was transported to another residence on Nov. 17. Federal agents arrested Acevedo on Nov. 19. In his plea agreement, Acevedo admitted that he harbored the alien “for commercial advantage and personal financial gain,” and that he knew what he was doing was illegal.

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

        On Feb. 6, 2020, Espinoza pleaded guilty to conspiracy to take a hostage, and on Oct. 27, 2020, was sentenced to nine years in prison. On March 11, 2020, Diaz pleaded guilty to conspiracy to take a hostage, and on Oct. 28 was sentenced to 11 years and three months in prison. On Jan. 7, Diaz’s sentence was amended to five years and three months. On Jan. 17, 2020, Clouser pleaded guilty to conspiracy to take a hostage.

        Homeland Security Investigation investigated this case with assistance from U.S. Border Patrol, the Hatch Police Department and the Sunland Park Police Department. Assistant U.S. Attorney Luis A. Martinez prosecuted the case.

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ALBUQUERQUE, N.M. – Eli Woody, 27, of Crownpoint, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty in federal court today to discharging a firearm during a crime of violence in Indian Country and was sentenced to 10 years in prison.

        According to the plea agreement and other court documents, Woody was a passenger in a vehicle that pulled up next to a home located in Crownpoint on the Navajo Nation. Woody fired a shotgun from the vehicle and into the home. Woody admitted that knew the home was occupied with people, including children. Inside the home, two children were shot and suffered serious bodily injury.

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

        The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Department of Criminal Investigation and the Navajo Police Department. Assistant U.S. Attorneys David P. Cowen and Elisa C. Dimas prosecuted the case.

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ALBUQUERQUE, N.M. – Robert E. Hood, 52, of Albuquerque pleaded guilty in federal court on Aug. 26 to being a felon in possession of a firearm and ammunition. Hood is currently in custody pending sentencing.

            According to the plea agreement and other court records, on Dec. 23, 2019, Hood was found in possession of a firearm and ammunition. At the time, Hood was on parole for prior convictions for possession of a controlled substance and possession with intent to distribute cocaine. During a parole field call at Hood’s residence, a loaded .40 caliber pistol was found between the mattress and box spring of Hood’s bed.

            As a previously convicted felon, Hood cannot legally possess a firearm or ammunition. Hood faces up to 10 years in prison. 

            The FBI and the New Mexico Corrections Department investigated this case.  Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.

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ALBUQUERQUE, N.M.  – Mary Gonzales, 50, of Socorro, New Mexico, was sentenced on Aug. 18 to 16 years and three months in prison. On March 10, a jury returned a guilty verdict on all counts, including one count each of possession with intent to distribute 50 grams and more of methamphetamine, possession with intent to distribute heroin, being a felon in possession of a firearm and ammunition and possession of a firearm in furtherance of a drug trafficking crime.

           According to court records, on June 7, 2018, a Socorro County Deputy observed Gonzales conducting what appeared to be a hand-to-hand drug sale in Socorro. The deputy conducted a traffic stop and found Gonzales in possession of methamphetamine, heroin and a loaded firearm.

           Gonzales previously had been convicted of possession of marijuana, attempted possession of a controlled substance, trafficking crack cocaine and attempted trafficking of crack cocaine. As a previously convicted felon, Gonzales cannot legally possess a firearm or ammunition.

           Upon her release from prison, Gonzales will be subject to five years of supervised release.

           The FBI investigated this case with assistance from the Socorro County Sheriff’s Office. Assistant U.S. Attorneys Samuel Hurtado and Nicholas Mote prosecuted the case.

ALBUQUERQUE, N.M. – Donovan Maez, 24, of Albuquerque, was sentenced on Aug. 8 in federal court to six years and five months in prison for being a felon in possession of a firearm. Maez pleaded guilty on April 4, 2019.

           According to the plea agreement, on March 30, 2018, law enforcement located Maez at an Albuquerque residence with a loaded firearm. On Nov. 11, 2018, after being contacted by probation officers and law enforcement, Maez attempted to evade the officers but was later arrested after a short pursuit. Maez was found with a loaded firearm at the time of the arrest. During both incidents, Maez was on probation for a prior felony conviction for auto burglary. As a convicted felon, Maez cannot legally possess firearms or ammunition.

           Upon completion of his sentence, Maez will be subject to three years of supervised release.

           The Bureau of Alcohol, Tobacco, Firearms and Explosives Albuquerque Resident Agency, New Mexico State Police, Albuquerque Police Department and New Mexico Corrections Department investigated this case. Special Assistant U.S. Attorney Timothy D. Trembley prosecuted the case.

ALBUQUERQUE, N.M.  – Jonathan James “Baby G” Gomez, 39, of Albuquerque, New Mexico, was sentenced on Aug. 23 to 17 years and seven months in prison for racketeering conspiracy. Gomez pleaded guilty on Sept. 25, 2020.

          According to court records, from 2004 to September of 2019, Gomez was a member of the Syndicato de Nuevo Mexico (SNM) prison gang while in the New Mexico Corrections Department prison system. Gomez acknowledged that SNM is an ongoing criminal organization whose members, prospects and associates engage in acts of violence and other criminal activity including murder, kidnapping and conspiracy to manufacture and distribute narcotics. Gomez admitted to his participation in SNM’s racketeering conspiracy.

          Gomez’s association with SNM and several of the acts committed by Gomez as part of the SNM racketeering conspiracy are detailed in court records. Among those acts were assaulting a corrections officer, refusing to be searched, being in possession of controlled substances, ordering assaults on an inmate, maintaining names and addresses of SNM members, and ordered an individual identified as “B.C.” to murder another person identified as “V.C.”

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

          The FBI and the New Mexico Corrections Department investigated this case. The Las Cruces Office of the U.S. Attorney for the District of New Mexico prosecuted the case.

ALBUQUERQUE, N.M. – Craig Barnish, 43, of Rio Rancho, New Mexico, made an initial appearance in federal court today facing a charge of possession of child pornography. Barnish will remain in custody pending a detention hearing scheduled for Aug. 27.

            According to a criminal complaint, in January of 2021, Barnish, a corrections officer at the Metropolitan Detention Center, allegedly participated in a group chat on the Kik social media app in which he allegedly commented on two videos depicting a nude child. Later that day in the same Kik group chat, Barnish allegedly uploaded a video depicting child pornography.

            After Barnish was identified as the user participating in the Kik group chat, he allegedly possessed multiple video files on his cellphone depicting children engaged in sexually explicit conduct.

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

            The FBI Albuquerque Field Office is investigating this case with assistance from the Regional Computer Forensic Laboratory.

            The United States Attorney’s Office for the District of New Mexico is prosecuting the case as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by the U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (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.

ALBUQUERQUE, N.M. – Larry Nathaniel, 65, of Farmington, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on Aug. 25 in federal court to eight years and six months in prison for abusive sexual contact of a minor in Indian Country. Nathaniel pleaded guilty on Feb. 2.

            According to the indictment and other court records, Nathaniel committed the offense in the family home of the victim in San Juan County on the Navajo Nation on Feb. 24, 2019. Nathaniel held down the victim by the arm and touched her genitalia. At the time of the abuse, the victim was ten years old. 

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

            The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorney Kyle Nayback prosecuted the case.

ALBUQUERQUE, N.M. – Josiah Smith, 27, an enrolled member of the Navajo Nation, made an initial appearance in federal court today facing a charge of murder in Indian Country. Smith will remain in custody pending a detention hearing scheduled for Aug. 26.

According to a criminal complaint, on May 17, Smith allegedly shot and killed the victim, identified as John Doe, at a residence near Church Rock, New Mexico, on the Navajo Nation. Smith, who had arrived at the residence earlier in the day, allegedly fired into a window from outside the home, striking the victim and killing him.

The FBI, with the assistance of the McKinley County Sheriff's Office and Gallup Police Department, arrested Smith in Gamerco, New Mexico, on Aug. 21.

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

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

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ALBUQUERQUE, N.M. – Albert Vallejos, 43, of Albuquerque, pleaded guilty on Aug. 9 in federal court to being a felon in possession of a firearm and ammunition. Vallejos will remain in custody pending sentencing, which has not been scheduled.

           Vallejos was indicted on March 27, 2019. According to the indictment and other court records, on Feb. 5, 2019, in Bernalillo County, New Mexico, Vallejos fired a handgun at a victim from his vehicle and fled the scene. On Feb. 13, law enforcement conducted a traffic stop and arrested Vallejos for an outstanding warrant. Law enforcement later discovered a firearm and two loaded magazines inside the vehicle.

           Vallejos has at least four previous felony convictions, including for shooting at or from a motor vehicle, aggravated assault with a deadly weapon and being a felon in possession of a firearm. As a previously convicted felon, Vallejos cannot legally possess a firearm or ammunition.

           Vallejos faces up to 10 years in prison.

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

ALBUQUERQUE, N.M.  – Quentin Veneno, Jr., 35, of Dulce, New Mexico, and an enrolled member of the Jicarilla Apache Nation, was sentenced on Aug. 18 to nine years and seven months in prison. On Sept. 22, 2020, following a two-day trial, a jury returned a guilty verdict on two counts of domestic assault by a habitual offender and one count of assault resulting in serious bodily injury.

           According to court records, on Aug. 22, 2018, and again on Nov. 2, 2018, Veneno physically abused Jane Doe, whom he was dating at the time, at her residence in Dulce on the Jicarilla Apache Reservation. As a result of Veneno’s assaults, Jane Doe suffered nine broken ribs and a collapsed lung as well as extreme pain and bruising over her entire body. Veneno had assaulted Jane Doe previously and had two prior convictions of domestic violence in 2009 and 2013.

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

           The Farmington Resident Agency of the FBI Albuquerque Field Office and the Jicarilla Apache Police Department investigated this case. Assistant U.S. Attorneys David Cowen and Kyle T. Nayback prosecuted the case.

ALBUQUERQUE, N.M. – James Hawley, 35, of Albuquerque, pleaded guilty on Aug. 9 in federal court to attempted carjacking and being a felon in possession of a firearm. Hawley was indicted by federal grand jury on Aug. 28, 2019.

          According to the plea agreement, on July 27, 2019, in Bernalillo County, New Mexico, Hawley attempted to carjack a victim at gunpoint. Hawley approached the victim while she was stopped at a red-light and pointed his firearm at her. The victim drove through the intersection to escape Hawley as he attempted to open the car door. Hawley was later found and disarmed by paramedics.

          Hawley is currently in custody pending sentencing. He faces 15 years in prison.

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

ALBUQUERQUE, N.M. – Emery Garcia, 37, of San Felipe, New Mexico, and an enrolled member of the San Felipe Pueblo, was sentenced on Aug. 19 in federal court to five years in prison for assault with a dangerous weapon in Indian Country.

           Garcia pleaded guilty on March 29. According to the plea agreement, on Oct. 8, 2020, Garcia assaulted both of his teenage kids, identified as John Doe 1 and John Doe 2, on the San Felipe Pueblo in Sandoval County, New Mexico. After having an argument via text message with John Doe 2, Garcia drove to their residence to cause bodily harm to the victim. Garcia attempted to gain access to the residence through one of the windows of the home and was pushed back by both John Doe 1 and John Doe 2. Garcia returned to the window with a with a board, specifically a piece of 2x4 lumber, and attacked both victims by striking them on the head. 

            Upon completion of his sentence, Garcia will be subject to three years of supervised release.

            The Albuquerque Field Office of the FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorneys Kyle Nayback and Allison Jaros prosecuted the case.

ALBUQUERQUE – Vance Andres Raymond, 24, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on Aug. 17 to one count of assault resulting in serious bodily injury in Indian Country. Raymond is currently in custody pending sentencing.

            According to the plea agreement and other court records, the defendant committed this offense on April 10, 2018, in San Juan County, New Mexico, on the Navajo Nation. Raymond admitted to recklessly assaulting Jane Doe by grabbing her arm resulting in serious injury.         

            Raymond faces up to 10 years in prison. 

            The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department.  Assistant U.S. Attorney Kyle Nayback is prosecuting the case.

ALBUQUERQUE, N.M. – Joe Maldonado, 43, of Albuquerque, was sentenced in federal court on July 29 to 10 years in prison for possession with intent to distribute five grams and more of methamphetamine, and using and carrying a firearm during and in relation to a drug trafficking crime. Maldonado pleaded guilty on Dec. 1, 2020.

          According to the plea agreement and other court records, from May through July of 2017, Maldonado made multiple sales of heroin and methamphetamine to an undercover officer in Farmington, New Mexico. The total amount of drugs Maldonado sold in those transactions was approximately 30 grams of heroin and 139.4 grams of pure methamphetamine. While selling drugs to the undercover officer, Maldonado was carrying a .380-caliber pistol.

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

          Homeland Security Investigations, the U.S. Marshals Service and the Region II Narcotics Task Force investigated this case. The task force includes officers from the Farmington Police Department, Bloomfield Police Department, Aztec Police Department and the San Juan County Sheriff’s Office.

ALBUQUERQUE, N.M. – Emerson Pinto, 58, of Crownpoint, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on Aug 11 in federal court to two counts of abusive sexual contact in Indian Country. Pinto will remain in custody pending sentencing, which has not been scheduled.

          According to the plea agreement, between on or about Sept. 1, 2009, and Oct. 31, 2009, Pinto knowingly engaged in unlawful sexual contact with two girls who were under the age of 12 at the time of the offenses. Pinto admitted to touching the girls for sexual gratification at a home in Little Water, New Mexico, on the Navajo Nation. 

          Under the terms of his plea agreement Pinto faces up to eight years and one month in prison and will be required to register as a sex offender.

          The FBI investigated this case. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.

ALBUQUERQUE, N.M. – Arturo Muñoz, 67, of Phoenix, Arizona, was sentenced in federal court on Aug. 11 to eight years in prison for possession with intent to distribute 50 grams and more of a mixture and substance containing methamphetamine and conspiracy to distribute methamphetamine. Muñoz pleaded guilty on Nov. 24, 2020.

          According to the plea agreement and other court records, from on or about Feb. 19, 2019, to March 19, 2019, Muñoz conspired with his co-defendant, Ricardo Osornio, 44, also of Phoenix, to transport methamphetamine from Arizona to be sold in and around Deming, New Mexico. On March 19, 2019, Lordsburg Police conducted a traffic stop on Muñoz’s vehicle on Interstate 10 in Hidalgo County, New Mexico. After Muñoz consented to a search of his vehicle, officers discovered drugs in a compartment hidden in a speaker box in the trunk. Officers found a total of 2.17 kilograms of methamphetamine in the vehicle.

          Osornio pleaded guilty on July 10, 2019, and was sentenced to five years and three months in prison.

          Upon his release from prison, Muñoz will be subject to four years of supervised release.

          Homeland Security Investigations investigated this case with assistance from the Lordsburg Police Department. Assistant U.S. Attorneys Ry Ellison and Maria Armijo prosecuted the case.

ALBUQUERQUE, N.M. – Eddie Sanchez, (43), of Loving, New Mexico, made an initial appearance in federal court on Aug. 10 on charges of kidnapping, transporting an illegal alien, and harboring an illegal alien. Sanchez will remain in custody pending a detention hearing scheduled for Aug. 13.

        According to a criminal complaint, around December of 2019, Sanchez allegedly began communicating with a victim by telephone and Facebook, and the two began a long-distance relationship. After several months, Sanchez allegedly informed the victim that he had arranged for her to be smuggled into the United States illegally.

        On or about Jan. 4, the victim and about 12 other aliens were smuggled illegally into the United States near Presidio, Texas. Sanchez allegedly met the group and guided them through the desert to waiting vehicles. The aliens were transported to Odessa, Texas, and later to Andrews, Texas.

        Sanchez then allegedly transported the victim to his home in Loving, where the two briefly continued their relationship. When the victim attempted to end the relationship and return to Mexico, Sanchez allegedly refused to allow the victim to leave the house. Sanchez allegedly took possession of the victim’s travel documents, including her passport and Mexican electoral identification card and allowed the victim only limited, monitored use of a cell phone. Sanchez allegedly provided the victim with little food and water and bound the victim’s hands and feet when he was away at work. Sanchez allegedly threatened the victim with death if she attempted to leave him. On or about July 21, the victim was able to escape from Sanchez’s home and call for help.

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

        Homeland Security Investigations, FBI Task Force officers and the Eddy County Sheriff’s Office investigated this case with assistance from the Hobbs (New Mexico) Police Department. Assistant United States Attorneys Matthew Ramirez, Rachel Feuerhammer and Luis Martinez are prosecuting the case.

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ALBUQUERQUE, N.M. – Romeo Martinez, 22, of Mescalero, New Mexico, appeared in federal court on Aug. 6 for a preliminary hearing where he was charged with assault resulting in serious bodily injury in Indian Country. Martinez will remain detained pending trial.

            According to a criminal complaint, on June 9 Martinez allegedly showed up at his grandmother’s house on the Mescalero Apache Reservation. Martinez, who is not an enrolled member of the Mescalero Apache Tribe, had been banished from the reservation by the Tribal Council. Martinez allegedly started screaming at his grandmother and her sister, identified as MB, accusing them of involvement in having his vehicle towed. When MB pleaded that they had not been involved, Martinez allegedly hit MB over the head and repeatedly punched her in the face. He then allegedly shook his grandmother and pinned her against the couch.

            MB and Martinez’s grandmother drove to the Bureau of Indian Affairs Police Station to report the alleged assault. MB was taken by ambulance to Lincoln County Medical Center where she received stitches to close a wound sustained in the assault. She will require surgery to repair a fractured nasal bone and septum. MB is an enrolled member of the Mescalero Apache Tribe.

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

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

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ALBUQUERQUE, N.M. – Laura Swanquist-Chavez, 35, of the area of El Centro, California, was arraigned today in federal court on a two-count indictment charging her with making a false and fictitious statement to a licensed dealer of firearms and knowingly transferring a firearm to a convicted felon. Swanquist-Chavez has been released on pre-trial conditions pending trial.

            According to the indictment, on or about Aug. 26, 2020, in Luna County, New Mexico, Swanquist-Chavez allegedly answered falsely and knowingly on the Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 Firearms Transaction Record that she was the actual buyer of a firearm. As alleged in the indictment, Swanquist-Chavez was acquiring the firearm on behalf of another person, and made the statement to mislead the dealer about the lawfulness of the transaction.

            At some point between Aug. 29, 2020, and Feb. 4, 2021, Swanquist-Chavez allegedly transferred possession of a firearm to Omar Cueva-Felix knowing that he had been convicted previously of a felony. As a convicted felon, Cueva-Felix could not legally possess a firearm or ammunition.

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

            The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case.

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ALBUQUERQUE, N.M. – A federal jury on Aug. 5 found Sophia Monique Zayas, 39, guilty of second-degree murder, intentional child abuse resulting in death, intentional child abuse resulting in great bodily harm, intentional child abuse not resulting in great bodily harm, and aiding and abetting. Zayas will remain in custody pending sentencing, which has not been scheduled.

          On Feb. 19, 2014, her husband, Peter Zayas, 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. Peter Zayas acknowledged that the infant sustained posterior transverse skull fractures, rib fractures, and radius and ulna fractures as a result of his negligence. 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, he was sentenced to 15 years in prison.

          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. 

          Sophia Zayas now faces the possibility of life in prison.

          The FBI and the Air Force Office of Special Investigations investigated this case. Assistant U.S. Attorneys Maria Y. Armijo and Christopher McNair are prosecuting the case.

ALBUQUERQUE, N.M. – Carl “Wizard” Gutierrez, 44, of Albuquerque, appeared in federal court on Aug. 5 for a detention hearing, charged with bank robbery and aiding and abetting. Gutierrez will remain in custody pending trial.

            According to a criminal complaint and other court records, on July 15, Gutierrez and an accomplice allegedly robbed the BBVA Bank on Candelaria Road NE in Albuquerque. Gutierrez and his accomplice allegedly entered the bank and approached the teller counter. The accomplice allegedly made his way behind the counter, opened cash drawers and grabbed money. The pair then allegedly fled the bank in a gold minivan.

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

            The FBI Violent Crime Task Force investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Niki Tapia-Brito is prosecuting the case.

ALBUQUERQUE, N.M. – Jason Chandler Mapp, 41, of Rogers, New Mexico, appeared in federal court today for a detention hearing on charges of enticement of a minor and possession of child pornography. Mapp will remain in custody pending trial.

            According to a criminal complaint, beginning in 2019, Mapp, a middle school bus driver for Dora Consolidated Schools in Roosevelt County, New Mexico, allegedly began using Instagram and Snapchat to message two minor victims. Mapp allegedly used multiple accounts to pressure the victims into sending him nude photographs of themselves and each other.

            On July 23, 2020, officers from the Roosevelt County Sheriff’s Office executed a search warrant on Mapp’s home. In addition to non-pornographic photos of the victims found on Mapp’s cell phone, investigators found images and videos of child pornography on Mapp’s desktop computer.

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

            The Roswell Resident Agency of the FBI Albuquerque Field Office and the Roosevelt County Sheriff’s Office investigated this case. Assistant United States Attorney Marisa A. Ong is prosecuting the case.

ALBUQUERQUE, N.M. – Copey Ferlin Henderson, 27, an enrolled member of the Navajo Nation, was sentenced in federal court on Aug. 2 to twelve years in prison following a conviction for sexually abusing a minor in Indian Country. Henderson pleaded guilty on Nov. 30, 2020.

          According to the plea agreement and other court records, on or about May 16, 2019, Henderson texted the victim and the two met in Ramah, New Mexico, on the Ramah Navajo Nation in Cibola County. After drinking alcohol together, Henderson took the victim to a tent where he was staying near Yucca Village. Henderson admitted to knowingly engaging in a sexual act with the victim, who at the time of the offense was older than 12 but younger than 16.

          Henderson will be required to register as a sex offender and will be subject to supervised release for 15 years upon his release from prison.

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

ALBUQUERQUE, N.M. – A federal jury on July 30 found Zechariah Freemen, 45, guilty of sexual abuse. Freemen will remain in custody pending sentencing, which has not been scheduled.

            Freeman was indicted 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.

            Freeman faces up to life in prison, up to five years of supervised released, up to a $250,000 fine and restitution. Freeman will be required to 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 Simms and Sarah Mease are prosecuting the case.

ALBUQUERQUE, N.M. – Russell Wheeler, 49, of Los Lunas, New Mexico, appeared in federal court today for a detention hearing, charged with being a felon in possession of a firearm and ammunition. Wheeler will remain in custody pending trial.

            According to a criminal complaint and other court records, in Los Lunas on May 22, Wheeler and another man allegedly argued briefly when Wheeler shot the victim in the face with a revolver. Wheeler allegedly fled the scene on a motorcycle, leaving the victim bleeding from his face and mouth. The victim was taken to an urgent care clinic and later to the University of New Mexico Hospital for treatment.

            Wheeler was convicted of possession of a controlled substance in 2005 and aggravated fleeing from law enforcement in 2007, both felonies. As a previously convicted felon, Wheeler cannot legally possess firearms or ammunition.

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

            The FBI Violent Crime Task Force investigated this case with assistance from the Valencia County Sheriff’s Office and New Mexico State Police. Assistant United States Attorneys Jaymie L. Roybal and Alexander Uballez are prosecuting the case.                                                                                                              

ALBUQUERQUE, N.M. – Richard “Fat Jesus” Wheeler, 38, of Albuquerque, made an initial appearance in federal court on July 29 on charges of distribution of methamphetamine and carrying a firearm in furtherance of drug trafficking. Wheeler waived a detention hearing and will remain in custody pending trial.

            According to a criminal complaint, on three occasions from July 16 through July 22, Wheeler allegedly sold a total of approximately 773 grams of methamphetamine to an undercover agent in Albuquerque. During the transaction on July 16, Wheeler was allegedly armed with a pistol in plain view of the agent.

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

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

ALBUQUERQUE, N.M. – Eduardo Zazueta, 25, pleaded guilty on July 30 in federal court to being a felon in possession of a firearm and ammunition. Zazueta will remain in custody pending sentencing, which has not been scheduled.

          Zazueta was indicted on Nov. 17, 2020. According to the indictment and other court records, on Sept. 30, 2020, in Bernalillo County, New Mexico, Zazueta sold a 9mm handgun to an undercover agent. Zazueta had been convicted previously of possession of a controlled substance and trafficking in controlled substances. As a previously convicted felon, Zazueta cannot legally possess firearms or ammunition.

          Zazueta faces up to 10 years in prison.

          The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.

ALBUQUERQUE, N.M. – Darrin Begay, 29, and an enrolled member of the Navajo Nation, was sentenced by a federal judge on July 27 to two years and three months in prison for assault with a dangerous weapon in Indian Country. Begay pleaded guilty on Dec. 16, 2020.

          According to his plea agreement and other court records, Begay had been living in an inoperable car on the property of his girlfriend’s family in Shiprock, New Mexico, on the Navajo Nation. Begay was not allowed in his girlfriend’s family’s home. The night of August 22, 2020, after arguing via text messages with his girlfriend, identified in court records as Jane Doe, Begay went to her bedroom window and threatened to break the window if she did not let him in. She relented and let him in through the window, but they argued because she did not want him there.

          Jane Doe eventually fell asleep, but upon waking in the morning found that her necklace and other belongings were missing. An argument ensued and Begay pulled a pocketknife from his pocket and slashed her right leg. Jane Doe left the house, but Begay followed her, knocked her down and kicked her multiple times. Begay again threatened her with a pocketknife. Navajo Police arrived and arrested Begay at the scene. Jane Doe was transported to the Northern Navajo Medical Center in Shiprock where she was treated for her injuries.

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

          The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Department of Criminal Investigations. Assistant U.S. Attorney Alexander F. Flores prosecuted the case.

ALBUQUERQUE, N.M. – Joshua Mendez, 40, of New Laguna, New Mexico, and an enrolled member of the Laguna Pueblo, pleaded guilty on July 22 to two counts of an indictment charging him with assault resulting in serious bodily injury and domestic assault by a habitual offender in Indian Country.

          A grand jury returned an indictment against Mendez for these offenses on Sept. 10, 2020. According to his plea agreement, on March 20, 2020, Mendez assaulted his girlfriend, Jane Doe, at her residence in Cibola County, New Mexico, on the Pueblo of Laguna. When John Doe attempted to intervene, Mendez stabbed John Doe several times with a knife. As a result of Mendez’s attack, John Doe suffered serious injuries that required hospital treatment.

          Mendez was previously convicted on two separate occasions in Pueblo Court in the Pueblo of Laguna for committing battery upon another victim, who was his girlfriend at the time, on Feb. 6 and Oct. 17 in 2017.

          Mendez is currently in custody pending sentencing. He faces up to 15 years in prison.

          The Laguna Division of the Bureau of Indian Affairs investigated this case with assistance from the Laguna Criminal Investigations Bureau. Assistant U.S. Attorney Elisa Dimas is prosecuting the case.

ALBUQUERQUE, N.M. – Isaiah Augustine Bob, 36, of Montezuma Creek, Utah, and an enrolled member of the Navajo Nation, appeared in federal court in Las Cruces, New Mexico, on July 27 for an initial appearance on an indictment charging him with second-degree murder in Indian Country.

            According to the indictment, on Dec. 4, 2020, Bob killed a man in McKinley County, New Mexico, on the Navajo Nation. Bob was arrested in Oklahoma and transported back to the District of New Mexico. He is currently in custody pending a detention hearing scheduled for July 30. If convicted, Bob faces up to life in prison. 

            An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.

            The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Public Safety.  Assistant United States Attorney Novaline D. Wilson is prosecuting the case.

ALBUQUERQUE, N.M. – Darrell Desiderio, 44, of Gallup, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on July 26 in federal court to second-degree murder in Indian Country. Desiderio will remain in custody pending sentencing, which has not been scheduled.

       According to Desiderio’s plea agreement and other court records, on June 7, 2018, Desiderio and a co-defendant, Ervin Yazzie, conspired to kidnap a victim, identified as John Doe, and take the victim’s truck. Yazzie pleaded guilty on Feb. 3, 2020.

       Yazzie admitted to luring the victim to Desiderio to assist Desiderio in acquiring a vehicle. Under the pretense that Desiderio “knew some women who would want to ‘party,’” Yazzie and the victim picked up Desiderio and drove north of Gallup to a remote area. Desiderio ordered the victim to pull over and pressed a knife to the victim’s throat. During a struggle for the keys to the vehicle, Desiderio stabbed the victim in the neck and continued to stab him. The victim died as a result of the wounds inflicted by Desiderio. The murder occurred in McKinley County, New Mexico, on the Navajo Nation.

       By the terms of the plea agreement, Desiderio faces 20 to 30 years in prison.

       The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department, Gallup Police Department, McKinley County Sheriff’s Office and New Mexico State Police. Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case.

ALBUQUERQUE, N.M. - William Monte Hosetosavit, 27, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, was sentenced in federal court on July 27 to two years and seven months in prison for assault resulting in serious bodily injury in Indian Country.

         Hosetosavit pleaded guilty on Nov. 7, 2019. According to the plea agreement, on April 5, 2019, Hosetosavit assaulted Jane Doe in Otero County, New Mexico, on the Mescalero Apache Reservation. Hosetosavit hit the victim in the face with his elbow causing prolonged disfigurement to her eye socket.

         Upon completion of his sentence, Hosetosavit will be subject to three years of supervised release.

         The Mescalero Agency of the Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Aaron O. Jordan prosecuted the case.

ALBUQUERQUE, N.M. – Alexis Rebecca Lovato, 24, of Rio Rancho, New Mexico, and Cristian Adan Mora-Hernandez, 22, of Mexico, made an initial appearance in federal court on July 26 facing charges of transporting illegal aliens resulting in death. The defendants will remain in custody pending a detention hearing scheduled for July 29.

            According to a criminal complaint, on July 22, the Otero County Sheriff’s Office and Tularosa Police Department responded to reports of a U-Haul Cargo truck transporting people in the cargo area. The Tularosa Police Chief located the U-Haul and made a traffic stop. During the stop, the Chief observed a passenger in the cab of the truck who appeared to be unresponsive and not breathing. That passenger was later pronounced deceased.

            In addition to the passenger in the cab, seven more passengers were in the cargo area of the truck. The passengers were from Mexico and Ecuador and allegedly were in the United States illegally.

            The complaint alleges that Lovato was driving the truck accompanied by Mora-Hernandez.

            A complaint is only an allegation. Defendants are presumed innocent unless and until proven guilty. If convicted, Lovato and Mora-Hernandez face up to life in prison.

            Homeland Security Investigations investigated this case with assistance from the Otero County Sheriff’s Department, Lincoln County Sheriff’s Department, Tularosa Police Department, New Mexico State Police, U.S. Border Patrol, 12th Judicial District Attorney’s Office and the New Mexico Livestock Commission. Assistant U.S. Attorney Luke Rizzo Cascio is prosecuting this case.

ALBUQUERQUE, N.M. – Daniel Capehart, 36, of Bloomfield, New Mexico, was convicted on July 22 by a federal jury of three counts of distribution of marijuana and methamphetamine, two of which occurred within 1,000 feet of a school and playground, in Farmington, New Mexico.

           According to court records, on June 15, 2018, Capehart, then a patrol officer with the New Mexico State Police, conducted a traffic stop during which he came into contact with a 16-year old passenger identified as Jane Doe 1 in Farmington. Capehart requested Jane Doe 1’s phone number, email address and date of birth. Capehart then gave Jane Doe 1 a business card with his personal cell phone number. Approximately an hour after the traffic stop concluded, Capehart began texting Jane Doe 1.

           On June 19, 2018, Jane Doe 1 reported the incident and text messages to the San Juan County Sheriff’s Office. Law enforcement immediately launched an investigation into Capehart’s conduct. As part of this investigation, Jane Doe 1 allowed law enforcement to use her phone and pretend to be her in further communications with Capehart.

           On June 20, 2018, Capehart offered to provide marijuana to Jane Doe 1, unaware he was communicating with law enforcement. In exchange, still believing he was communicating with a 16-year old girl, Capehart asked for “selfies” as payment. After Capehart instructed Jane Doe 1 on how to avoid being caught with marijuana and the two agreeing on a delivery point that was close to Jane Doe 1’s Farmington home, in the early morning hours of June 21, 2018, Capehart delivered marijuana to the agreed location.

           Over the next two days, Capehart continued sending messages to whom he thought was Jane Doe 1. After Capehart asked to speak with the 16-year old, detectives had an undercover deputy speak with the defendant in three separate recorded phone calls. In those calls, Capehart continued to discuss marijuana believing he was speaking with a 16-year-old girl.

           On June 23, 2018, Capehart again offered to provide marijuana to Jane Doe 1. Not realizing he was communicating with law enforcement, Capehart specified a location in Farmington that was within 1,000 feet of Farmington High School and Brookside Park playground.  Capehart delivered the marijuana intended for the 16-year-old that same day.

           Law enforcement also developed a confidential source (CS) who had prior dealings with Capehart and she agreed to cooperate.  As part of the CS’s cooperation, she allowed law enforcement to use her phone to pretend to be the CS when communicating with Capehart. In those messages, Capehart devised a plan in which the CS would tell him when she was driving with someone who had methamphetamine. Capehart would conduct a traffic stop of the friend’s vehicle, locate the methamphetamine, and provide a portion of the methamphetamine to the CS in exchange for sex. Capehart was unaware that he was communicating this plan to law enforcement and that the CS’s friend would be an undercover agent.

           On June 28, 2018, Capehart executed the plan and conducted the traffic stop. Capehart arrested the undercover agent and located the methamphetamine in the undercover agent’s pocket. After booking the undercover agent in jail, in the early morning hours of June 29, 2018, Capehart drove to a park located by the CS’s home in Bloomfield. Capehart then delivered more than five grams of methamphetamine by bathrooms in the park, which was also located within 1,000 feet of Central Primary Elementary School. Capehart was arrested later that day.

           A sentencing date has not been scheduled. Capehart faces a mandatory minimum of 5 years and up to 40 years in prison on the methamphetamine count.

           The FBI, San Juan County Sheriff’s Office, High Intensity Drug Trafficking Areas (HIDTA) Region II Narcotics Task Force, and Farmington Police Department investigated this case.  The U.S. Attorney’s Office for the District of New Mexico is prosecuting the case.

           The HIDTA Region II Narcotics Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the HIDTA program created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE, N.M. – Ismael Valdez, 38, of Las Cruces, New Mexico, was sentenced on July 19 in federal court to 12 years in prison for attempted coercion and enticement.

           Valdez pleaded guilty to these charges on Aug. 27, 2020. According to his plea agreement, between April 29, 2020, and May 29, 2020, Valdez met and messaged an undercover law enforcement officer posing as a 13-year-old girl on a social networking application. During the conversations, Valdez sent sexually explicit material to the “the child” and asked her to send sexually explicit material to him. Valdez arranged to meet with the child to have sex and traveled from his home in Las Cruces to a meeting location where law enforcement agents arrested him.

           Upon completion of his prison sentence, Valdez will be subject to 10 years of supervised release.

           The FBI investigated this case. Assistant U.S. Attorneys Matilda McCarthy Villalobos and Mark Saltman prosecuted the case.

ALBUQUERQUE, N.M. – Charles Brent Justice, 28, was sentenced on July 16 in federal court to one year and eight months in prison for smuggling goods into the United States, unlawful importation of a firearm and possession of a firearm not registered with the National Firearms Act Registration and Transfer Record. Brent pleaded guilty on Feb. 24.

             According to the plea agreement and other court records, on Feb. 7, 2020, while stationed at Kirtland Air Force Base, Justice imported a silencer, which was deceptively described as an “inline filter,” knowing that the silencer was illegal. Justice also admitted to possessing functional silencers that he knew were not registered under the National Firearms Act.

             As alleged in a criminal complaint, Justice purchased the firearm silencer over the internet from China.  Agents from U.S. Customs and Border Protection intercepted the device while in transit through the mail.   Justice did not have the required tax stamp or proper authority to possess and transport weapons under the National Firearms Act. Justice also previously received shipments of other illegal devices, including a “butt-stock” designed to convert a pistol into a short-barreled rifle and an “auto-sear” designed to allow a pistol to function as a machine gun.

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

             The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Department of the Air Force, Office of Special Investigations and Homeland Security Investigation.  Assistant U.S. Attorneys Jon K. Stanford and Nicholas Mote prosecuted the case.

ALBUQUERQUE, N.M. – Christus St. Vincent Hospital (CSV) in Santa Fe, New Mexico, and the United States have settled claims that a physician employed by the hospital caused fraudulent claims for payment to be submitted to federal healthcare programs over a span of seven years.

           In early 2020, the hospital self-disclosed to the U.S. Attorney’s Office concerns about the billing practices of Dr. Arthur Caire, an employee of the hospital. “Health care providers play an essential role in rooting out and preventing fraud,” said Acting U.S. Attorney Fred Federici.  “We acknowledge and appreciate the hospital’s decision to come forward and cooperate with our investigation.”

           Following an investigation by the U.S. Attorney’s Office, and with the cooperation of the hospital, the government concluded that the hospital billed government healthcare payors for services Dr. Caire did not provide or properly supervise.  The hospital agreed to pay the United States $563,809.52 to resolve the government’s allegations. The settlement covers Dr. Caire’s entire period of employment at the hospital, which spanned from October 2013 until April 2020, and reimburses multiple federal healthcare programs, including Medicare, Medicaid, TRICARE and the Federal Employees Health Benefit Program.

           The United States Government expends more than $1 trillion dollars annually to provide health care to the beneficiaries of federal healthcare programs.  In Fiscal Year 2019 alone, the federal government recovered more than $3.6 billion dollars attributable to healthcare fraud judgments and settlements.

           Assistant U.S. Attorney Sean Cunniff and Auditor Julie Chappell represented the United States in this matter.

ALBUQUERQUE, N.M. – Roman Andrew Poulsen, 39, and Lori Crapo, 40, both of Artesia, New Mexico, appeared in federal court on July 16 on charges for their respective roles in a July 15 bank robbery. Poulsen faces a charge of bank robbery while Crapo is accused of being an accessory after the fact. The defendants will remain in custody pending a detention hearing scheduled for July 22.

        According to a criminal complaint, on July 15, Poulsen allegedly entered a Washington Federal Bank in Artesia with his face concealed by a mask, dark glasses and a hood. Poulsen allegedly handed a demand note to a teller, then fled the bank after the teller complied. Poulsen, a regular customer at the bank, was identified by his distinct walk and mannerisms.

        Poulsen then allegedly went to a local motel where he had been residing with Crapo. The complaint alleges that Poulsen was observed placing objects into a dumpster and setting them on fire, then returning with a fire extinguisher to put out the fire. Poulsen and Crapo then allegedly hastily packed some of their belongings into their vehicle and left.

        Law enforcement located the subjects’ vehicle at a country market and took Poulsen and Crapo into custody. Investigators were able to recover some of the money, which Crapo allegedly attempted to stash behind goods on a store shelf.

        A complaint is only an allegation. Defendants are presumed innocent unless and until proven guilty. If convicted, Poulsen faces up to 20 years in prison and Crapo faces up to 10 years.

        The Roswell Resident Agency of the FBI Albuquerque Field Office and the Artesia Police Department investigated this case. Assistant U.S. Attorney Randy M. Castellano is prosecuting this case.

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ALBUQUERQUE, N.M. – Susan K. Harris, 74, and William S. Harris, 60, both of Albuquerque, were sentenced today in federal court for conspiracy  to defraud the United States and other financial crimes committed in connection with the operation of Ayudando Guardians, Inc., a non-profit corporation that previously provided guardianship, conservatorship and financial management to hundreds of people with special needs.

Susan Harris was sentenced to 47 years in prison, followed by three years of supervised release. William Harris was sentenced to 15 years in prison, followed by three years of supervised release. Both will be required to pay the entire amount of stolen funds as restitution to the victims. 

A superseding indictment filed on Dec. 5, 2017, charged Susan Harris, William Harris, Sharon A. Moore, 64, and Susan Harris’ son, Craig M. Young, 53, with various financial crimes, including conspiracy  to defraud the United States, mail fraud, aggravated identity theft and money laundering.

Susan Harris pleaded guilty on July 11, 2019, to conspiracy, mail fraud, aggravated identity theft, money laundering and conspiracy to commit money laundering. William Harris pleaded guilty on June 25, 2019, to conspiracy to defraud the United States and to commit money laundering. Both Susan Harris and William Harris were originally scheduled to be sentenced on March 2, 2020, but failed to appear for their sentencing hearing. A bench warrant was issued for their arrest and the U.S. Marshals Service arrested them in Shawnee, Oklahoma, on April 15, 2020, after they fled New Mexico.

According to their plea agreements and other court records, Susan Harris acted as president and was the 95-percent owner of Ayudando, while Moore acted as chief financial officer and was a five-percent owner. They engaged in a pattern of criminal conduct from November 2006 to July 2017 that included unlawfully transferring money from client accounts to a comingled account without any client-based justification.  They wrote and endorsed numerous checks, often of more than $10,000, from these comingled accounts to themselves, family members, cash and other parties where payment would benefit their families.

Susan Harris took steps to maintain Ayudando’s appearance of legitimacy, including submitting a proposal to the New Mexico Office of Guardianship that contained numerous false representations, including a false claim that Young was a nationally certified guardian at the time of the submission.

William Harris, who worked as a guardian, admitted that he knew that Moore was siphoning payments to clients from the Department of Veterans Affairs and Social Security Administration and using the money to benefit herself, Harris, and their co-conspirators. Harris specifically admitted receiving, endorsing, and depositing dozens of checks drawn on Ayudando accounts for his own personal benefit. Harris admitted to his involvement in a money laundering scheme, using an Ayudando corporate credit card for personal expenses, knowing that it would be paid for with client money. He also admitted his role in a loan application for the stated purpose of expanding the Ayudando business with the actual intent of using the money to “pay back” clients whose money had been taken without authorization.

The stolen funds were used to fund an extravagant lifestyle, including the purchases of homes, vehicles, luxury RVs and cruises, as well as a private box at “the Pit” at the University of New Mexico. The stolen funds were also used to pay for more than $4.4 million in American Express charges incurred by the defendants and their families.

“The sentences that the defendants have received today are just, and the defendants are fully deserving of them,” said Fred J. Federici, Acting U.S. Attorney for the District of New Mexico. “The defendants’ conduct in preying upon individuals with special needs, who they were entrusted to protect, was both loathsome and contemptible. We hope that these sentences serve as a warning to others that we will seek to hold accountable anyone who chooses to violate federal law by abusing any similar position of trust for personal enrichment.”

“Taking advantage of disabled veterans and other vulnerable Americans deserves a harsh penalty, especially when those entrusted with their finances instead use the money for vacations and other expensive perks,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “The FBI will never stop trying to hold such criminals accountable and making sure their victims get justice.”

“This final phase of the investigation will hopefully give some closure to the many victims who have suffered as a result of the selfish acts of the defendants,” said Sonya K. Chavez, United States Marshal for the District of New Mexico.  “We at the United States Marshals Service will continue to work diligently with our partners to protect the citizens of New Mexico, particularly those who are most vulnerable.”

“The criminal actions by these defendants were truly brazen and egregious,” stated IRS - Criminal Investigation Special Agent in Charge Albert Childress. “Instead of helping people who placed their trust in them, the defendants were greedy and helped themselves to their clients’ money. They must now pay the consequences for their bad deeds.”

“Today's sentencing reflects the egregious crimes committed by the defendants, who not only violated the public’s trust but also the trust of a vulnerable population who relied upon them to manage their benefits. We will continue to join our law enforcement partners in investigating organizations and individuals who misuse Social Security benefits that they agreed to manage on behalf of beneficiaries,” said Adam Schneider, Special Agent-in-Charge of the Social Security Administration Office of the Inspector General, Dallas Field Division. “I thank our law enforcement partners for their outstanding investigative work and the District of New Mexico U.S. Attorney’s Office for their efforts in bringing these individuals to justice.” 

“Criminal acts by would-be fiduciaries are most heinous because they violate veterans’ trust and put in jeopardy the benefits on which they are dependent,” said Special Agent in Charge Rebeccalynn Staples, Veterans Affairs, Office of Inspector General. “This sentence should send a clear message that the VA OIG will continue to work with our law enforcement partners to ferret out those who would defraud VA and steal the benefits of deserving veterans.”

Young pleaded guilty on Nov. 12, 2019, and was sentenced on June 11, 2020, to five years and 11 months in prison, followed by three years of supervised release. Young was ordered to pay approximately $6.8 million in restitution to the victims of the fraud scheme.

Moore pleaded guilty on July 11, 2019, and was sentenced on March 2, 2020, to 20 years in prison, followed by three years of supervised release. Moore was ordered to pay the entire amount of stolen funds as restitution to the victims. 

The Albuquerque Field Office of the FBI and the Phoenix Field Office of IRS Criminal Investigation conducted the investigation with the assistance of the Complex Assets Unit and the U.S. Marshals Service, the Criminal Investigations Division of the Department of Veterans Affairs Office of Inspector General, and the Dallas Field Division of the Social Security Administration Office of Inspector General. Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe prosecuted the case.

# # #

ALBUQUERQUE, N.M. – Cody Little, 43, of Lovington, New Mexico, was sentenced on July 6 in federal court to four years and nine months in prison for being a felon in possession of a firearm and ammunition and possessing a stolen firearm. Little pleaded guilty on Nov. 4, 2020.

According to the plea agreement and other court records, on Jan. 25, 2020, Lovington Police officers arrested Little, who had three active arrest warrants at the time. Officers found a 9mm ammunition magazine in Little’s pocket and located a 9mm handgun in the immediate area.  Little had stolen the firearm from a nearby residence on Jan. 15, 2020, and could be seen on footage from a doorbell camera as he removed the firearm from a vehicle in the driveway and fled on foot.

In 2013, Little pleaded guilty to being a felon in possession of firearms and ammunition after previously having been convicted of burglary and larceny and battery upon a peace officer. As a previously convicted felon, Little cannot legally possess firearms or ammunition.

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

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Lovington Police Department.  Assistant U.S. Attorneys Dustin Segovia and Aaron Jordan prosecuted the case.

# # #

ALBUQUERQUE, N.M. – Valerie Arthur, 35, of Pinedale, New Mexico, and an enrolled member of the Navajo Nation, appeared at a preliminary hearing today in federal court where she was charged with assault with a dangerous weapon and assault resulting in serious bodily injury in Indian Country. Arthur will remain in custody pending a detention hearing scheduled for July 13.

           According to a criminal complaint, on July 4, at least twice Arthur allegedly approached and was asked to leave a neighboring house where a family was cooking outside. Arthur allegedly returned to the house armed with a knife and on the front porch stabbed a victim in the neck and arm. Arthur then allegedly pursued another victim inside the home and stabbed her in the neck, back and face. When the second victim’s 10-year old son and eight-year old daughter attempted to defend their mother, Arthur allegedly stabbed the children as well.

          All of the victims were taken to Gallup Indian Medical Center for treatment.

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

          The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant U.S. Attorney D. Novaline Wilson is prosecuting this case.

ALBUQUERQUE, N.M. – Aaron Leon Happy, 40, of Shiprock, New Mexico, was arraigned in federal court on July 8 on an indictment charging him with possession of child pornography, distribution of child pornography, and transfer of obscene materials to minors.

            According to the indictment and other court records, Happy allegedly committed these offenses while employed as a Health Aide with the Central Consolidated School District in Newcomb, New Mexico.  On Dec. 15, 2020, the FBI executed a search warrant on Happy’s person, office, and residence. Investigators allegedly found child pornography on one of Happy’s cellular telephones. The investigation revealed that Happy allegedly distributed adult pornography to a student at the middle school and child pornography to another individual using the Facebook messenger application.   

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

            The Farmington Resident Agency of the FBI investigated this case with assistance from the FBI Albuquerque’s Child Exploitation and Human Trafficking Task Force, the FBI Gallup Resident Agency, the FBI Denver - Durango Resident Agency, the San Juan County (New Mexico) Sheriff’s Office, the Cortez (Colorado) Police Department and the Montezuma County (Colorado) Sheriff’s Office. Assistant U.S. Attorney Thomas J. Aliberti is prosecuting the case.

ALBUQUERQUE, N.M. – Santos Duran, 23, of Los Lunas, New Mexico, pleaded guilty in federal court on June 23 to being a felon in possession of a firearm and ammunition.

           A federal grand jury indicted Duran on June 24, 2020. According to his plea agreement, on May 20, 2020, Duran fled from law enforcement after officers attempted to execute a traffic stop in Albuquerque. Duran then drove his vehicle to Valencia County, New Mexico, where he abandoned the vehicle and attempted to flee on foot. While running away from law enforcement, Duran attempted to get rid of a bag containing a loaded firearm and a high-capacity magazine.

           As a previously convicted felon, Duran cannot legally possess firearms or ammunition. By the terms of the plea agreement, Duran faces up to 10 years in prison.

           The Albuquerque Field Office of the FBI, New Mexico State Police and Albuquerque Police Department investigated this case. Assistant U.S. Attorneys Jaymie L. Roybal and Sarah J. Mease are prosecuting the case.

           ALBUQUERQUE, N.M. –Michael Nissen, 66, of Albuquerque, was sentenced on June 18 in federal court to three years and five months in prison for threatening to harm another in an interstate communication.

           On Aug. 7, 2019, a federal jury returned a verdict of guilty against Nissen on two counts of interstate communication containing threat to injure the person of another. According to public court records, on Nov. 2, 2018, Nissen was pulled over by New Mexico State Police (NMSP) and issued multiple citations in Torrance County, New Mexico. That evening, Nissen called NMSP dispatch and threatened to the kill the police officer who pulled him over. In November 2018, Nissen called and emailed NMSP Internal Affairs to complain about the police officer and again threatened to shoot the officer. On Dec. 13, 2018, Nissen called the Bernalillo County Sheriff’s Office to complain about the NMSP officer and stated he owned multiple firearms to protect himself from “rogue state cops.”

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

           The FBI and New Mexico State Police investigated this case with assistance from the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Paul Mysliwiec and Alexander M. Uballez prosecuted the case.

ALBUQUERQUE, N.M. – Trevor Wright, 50, of Artesia, New Mexico, made an initial appearance in federal court today facing charges of possession of child pornography and being a drug addict in possession of firearms. Wright will remain in custody pending a detention hearing scheduled for July 7.

            According to a criminal complaint, on June 25, the FBI executed a search warrant on Wright’s residence in Artesia. Investigators allegedly found child pornography on one of Wright’s cellular telephones. They also located 15 firearms allegedly in Wright’s possession within the residence. As a drug addict, Wright cannot legally possess a firearm.

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

            The FBI Albuquerque’s Child Exploitation and Human Trafficking Task Force investigated this case with assistance from the Artesia Police Department. Assistant U.S. Attorneys Jaymie L. Roybal and Sarah Mease are prosecuting this case.

ALBUQUERQUE, N.M. – Kirby Cleveland, 37, of Prewitt New Mexico, and an enrolled member of Navajo Nation, was sentenced on June 28 in federal court to 30 years in prison for second-degree murder for killing Houston James Largo, a tribal police officer for the Navajo Nation. Cleveland pleaded guilty on Dec. 12, 2019.

            In his plea, Cleveland admitted to killing Largo with callous and wanton disregard for human life on March 11, 2017, in McKinley County, New Mexico, on the Navajo Nation.  According to court records, Cleveland became drunk and angry while at home with his children and his common law wife, who called the police. When Officer Largo responded to the home, Cleveland shot Officer Largo in the head, killing him.  Cleveland then fled the scene.  State, local, and tribal law enforcement conducted a large-scale search for Cleveland and located him the next morning hiding under a rock about a mile and a half away.

            “Kirby Cleveland’s murder of Officer Houston Largo was a cowardly, hateful act,” said Fred J. Federici, Acting U.S. Attorney for the District of New Mexico. “But the response of law enforcement upon learning that Officer Largo had been senselessly killed while he was bravely serving the people of the Navajo Nation and New Mexico, exemplifies the concern that all law enforcement officers in our state have for those who risk their lives while protecting the public. Within minutes of learning of the shooting, dozens of officers from different departments converged on the tragic scene to look for the killer. Officer Largo’s service and sacrifice in the line of duty were exemplary, and the public should know that law enforcement and the U.S. Attorney’s Office will spare no resource in the investigation and prosecution of anyone who takes the life of an officer in New Mexico.”

             “All too often, law enforcement officers are called upon to sacrifice their lives to protect their communities,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “While the loss of Houston James Largo is a tragedy that affects us all, his courage and devotion to duty should be an inspiration to everyone who wears the badge. The FBI hopes this lengthy prison sentence will provide some measure of justice and peace for Officer Largo's family and co-workers.”

             “Officer Largo will always be remembered as a frontline warrior who devoted his life to serving and protecting our Navajo people,” said Navajo Nation President Jonathan Nez. “Our prayers are with his family, his fellow officers and his community as they continue on the path of healing. I appreciate the support and commitment of Police Chief Francisco, Mr. Delmar and Council Delegate Edmund Yazzie for Officer Largo’s family and all of our Navajo Police Officers. We will continue to pray for strength, comfort and healing for the Largo family.”

              “Officer Houston James Largo was an outstanding officer who went above and beyond his duty to help our community and the people we serve, said Navajo Chief of Police Philip Francisco.  “Houston was young and ambitious and I have no doubt he would have become a great leader within our department. It is heartbreaking to think of how young he was and all that he could have done but we will keep his memory alive and remember his courage, his character, and the light he brought to the Navajo Police Department.”

               “Justice was administered to its extent according to the guidelines provided to the court,” said Jesse Delmar, Director of the Navajo Division of Public Safety. “We appreciate all those who were instrumental in bringing justice for Houston and his family.  Officer Largo was a young man who had the potential to become one of the best for this department and the Navajo Nation, and it is painful to know he was taken at such a young age. He had so much to offer as an officer, and it is just unfortunate this happened to our people. We will continue to stand with Houston's family in prayers and comfort.”

              Cleveland also pleaded guilty to violating the terms of his supervised release from a previous assault conviction involving an attack on a woman with a baseball bat. Cleveland failed to abstain from alcohol and complete a residential reentry program as ordered by the court. 

              Upon his release from prison, Cleveland will be subject to four years of supervised release.

              The FBI and the Crownpoint, Shiprock and Chinle offices of the Navajo Nation Department of Public Safety investigated this case with assistance from the New Mexico State Police, McKinley County Sheriff’s Office, the Albuquerque Police Department and Burlington Northern Santa Fe Railroad.  Assistant U.S. Attorneys Joseph M. Spindle and Jeremy Peña prosecuted the case.

ALBUQUERQUE, N.M. – Keylee Rose Moore, 21, of Hesperus, Colorado, made an initial appearance on June 28 in federal court facing a charge of bank robbery. Moore will remain in custody pending a detention hearing scheduled for June 30.

            According to a criminal complaint, on June 1, Moore allegedly entered a bank on Louisiana Avenue in Albuquerque and handed a demand note to a teller. After the teller handed money to Moore, Moore allegedly walked out of the bank and fled. On June 6, the FBI received a tip identifying Moore as the person who allegedly robbed the bank. Moore was arrested at her residence in Hesperus on June 17.

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

            The FBI Albuquerque Division and the FBI Denver Division’s Durango Resident Agency are investigating this case with the assistance of the Colorado Bureau of Investigation, the Rocky Mountain High Intensity Drug Trafficking Area Southwest Drug Task Force, the La Plata County Sheriff’s Department and the Albuquerque Police Department. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting this case.

ALBUQUERQUE, N.M. – David Wellington, 62, of Albuquerque, and Jerry Shrock, 46, of Meadowview, Virginia, were indicted on June 23 by a federal grand jury charging them with conspiracy to defraud the United States. Wellington faces an additional count of operation of an unlicensed money transmitting business. Shrock is scheduled for an arraignment on July 15, while Wellington is scheduled to make an initial appearance on July 7.

            According to the indictment, since at least 2005, Wellington and his business partner operated National Business Services, which promoted, sold and created Limited Liability Companies (LLCs) under New Mexico State Law. For many clients, National Business Services allegedly would open bank accounts under the names and IRS employer identification numbers (EIDs) of the LLCs, and the clients – whose names were not associated with the bank accounts - would have access to the funds in those accounts.

            Since at least 2006, Shrock was a client of Wellington and National Business Services. Through National Business Services, Wellington allegedly created multiple LLCs in New Mexico for Shrock, including White Top Enterprise LLC. National Business Services allegedly opened a bank account in the business name and EID of White Top Enterprise and provided Shrock with access to the funds in the account. Between May 9, 2011, and June 30, 2015, Shrock allegedly deposited and withdrew approximately $4,875,940, of which at least $4,347,101 was income for which Shrock never filed a personal or business tax return with the IRS.

            At the time of the deposits and withdrawals, Shrock was subject to an outstanding IRS lien for unpaid taxes, penalties and interest in the amount of approximately $1 million. Because it was not in his name, using the White Top Enterprise account allegedly allowed Shrock to generate and access income while evading both the outstanding assessment and personal and business income taxes.

            An indictment is only an allegation. Defendants are presumed innocent unless and until proven guilty. If convicted, Shrock faces up to five years in prison and Wellington faces up to 10 years in prison.

            IRS Criminal Investigation investigated this case. Assistant U.S. Attorney Jeremy Peña is prosecuting the case.

ALBUQUERQUE, N.M. – Rain Concha, 23, of Santa Fe, New Mexico, and an enrolled member of Nambe Pueblo, was sentenced on June 14 in federal court to seven years in prison for aggravated sexual abuse in Indian Country. Concha pleaded guilty on June 15, 2020.

            According to the plea agreement, on Aug. 23, 2015, Concha picked up the victim, who was 14 years old at the time, for a ride. Concha took the victim to the parking lot of the Pojoaque Pueblo Poeh Museum where he sexually abused her. An exam revealed injuries to the victim that were consistent with sexual abuse. The crime occurred on the Pueblo of Pojoaque in Santa Fe County, New Mexico.

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

            The Bureau of Indian Affairs investigated this case with assistance from the Pojoaque Police Department and the FBI. Assistant U.S. Allison Jaros prosecuted the case.