District of New Mexico

ALBQUERQUE, N.M. – Ruth Grande Olguin, 55, of Albuquerque, pleaded guilty in federal court on April 6 to three counts of violating the Migratory Bird Treaty Act. Grande Olguin was sentenced to one year of probation.

              In the plea agreement, Grande Olguin admitted that on April 27, 2019, she unlawfully possessed feathers and other parts of the crested caracara. She also admitted that on May 22, 2019, she unlawfully possessed sharp-shinned hawk feathers as well as feathers and other parts of the crested caracara. Finally, Grande Olguin admitted that on November 12, 2019, she unlawfully possessed feathers and other parts of the crested caracara. Both birds are protected under the Migratory Bird Treaty Act. On each occasion, Grande Olguin was in possession of the feathers and other parts in Bernalillo County, New Mexico. These laws prohibit the possession, use, and sale of the feathers or other parts of federally-protected birds, as well as the unauthorized killing of these birds, to help ensure that the caracara, hawk, and other bird populations remain healthy and sustainable.

              As part of her plea agreement, Grande Olguin agrees to pay a fine of $2,000 payable to the North American Wetlands Conservation Fund Account. Grand Olguin forfeits any interest in feathers, parts, and products thereof, of bald eagles, golden eagles, sharp-shinned hawks, American kestrels, greater roadrunners, red-tailed hawks, northern flickers, white-winged doves, crested caracaras, Cooper’s hawks, barred owls, turkey vultures, and a falcon seized during the course of the investigation of this case.

              The case was investigated by the U.S. Fish and Wildlife Service with assistance from the New Mexico Department of Game and Fish. The case is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

              The U.S. Fish and Wildlife Service is the principal federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 545 national wildlife refuges as well as thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 fishery resources offices and 81 ecological services field stations. The agency enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign and Native American tribal governments with their conservation efforts.

ALBUQUERQUE, N.M. – Tranquilino Valencia, 37, of Ranchos de Taos, New Mexico, was sentenced in federal court on April 7 to 12 years in prison for carjacking.

              Valencia pleaded guilty on May 28, 2020. According to the plea agreement, on Oct. 13, 2017, Valencia approached a group of campers at the Dalton Canyon Campground in San Miguel County, New Mexico, and carjacked one of the members at gunpoint. Valencia pointed his firearm at the victim and demanded his car keys, wallet and cellphone. Before driving off, Valencia fired a shot over the victim’s head and stole $50 before throwing the wallet out of the car window.

              The Albuquerque Field Office of the FBI and the New Mexico State Police investigated this case. Assistant U.S. Attorney Samuel A. Hurtado prosecuted the case.

ALBUQUERQUE, N.M. – Ervinson Yazzie, 30, of Gallup, New Mexico, was charged in federal court on April 7 with receipt, possession and distribution of child pornography. Yazzie was ordered to remain in custody pending release to a halfway house.

            According to a criminal complaint, on Oct. 10, 2018, the New Mexico Attorney General’s Office received a CyberTipline report from the National Center for Missing and Exploited Children, which alleged that Yazzie had used Facebook to send child pornography to another Facebook user. The investigation that followed revealed that Yazzie allegedly had sent additional child pornography files through Facebook and possessed more child pornography on a computer hard drive.

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

            The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the New Mexico Attorney General’s Office and the New Mexico Regional Computer Forensics Lab.  Assistant U.S. Attorney Sarah J. Mease is prosecuting the case.

ALBUQUERQUE, N.M. – Joshua Gutierrez, 22, an enrolled member of the Navajo Nation, was sentenced April 7 in federal court to 12 years in prison for voluntary manslaughter involving the use of a firearm in Indian Country.

            Gutierrez pleaded guilty Oct. 15, 2020.  According to the plea agreement and other court documents, on March 29, 2020, while visiting the home of his girlfriend and her father, Gutierrez was awakened by an argument. He armed himself with a handgun, walked toward the room where the argument was taking place, and passed one of the men involved in the argument. As they passed each other, the man swung at Gutierrez, and Gutierrez shot the man in the chest, killing him. Gutierrez then pointed the gun at two other people and threatened to shoot them if they did not leave. The incident took place in To’hajiilee, New Mexico, on the Navajo Nation. In his plea, Gutierrez waived any claim of self-defense.

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

            The FBI investigated this case with assistance from Navajo Nation Police Department and the Navajo Nation Department of Criminal Investigation.  Assistant U.S. Attorney Allison Jaros prosecuted the case.

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ALBUQUERQUE, N.M. – Simeon Atcitty, 38, of Shiprock, New Mexico, pleaded guilty in federal court today to second degree murder in Indian Country.

            A grand jury indicted Atcitty on Sept. 10, 2020. According to the indictment and other court records, on or about June 19, 2020, Atcitty had been drinking with the victim, identified as John Doe, at Atcitty’s home in San Juan County, New Mexico, on the Navajo Nation. Atcitty was angered by something Doe said and struck Doe in the head and the chest until Doe was seriously injured and was no longer moving. Atcitty then wrapped up Doe’s body and left the home. Law enforcement discovered Doe’s body about a week later.

            Atcitty is currently in custody pending sentencing.  He faces up to life in prison. 

            The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department.  Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.

ALBUQUERQUE, N.M. – Jeremiah Elijah Jim, 31, of Teec Nos Pos, Arizona, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on April 5, to an information charging him with aggravated sexual abuse of a minor in Indian Country. 

            In his plea agreement, Jim admitted that on or about June 3, 2019, he threatened John Doe, a child younger than 16, with serious bodily injury and sexually abused him. The abuse took place in Shiprock, New Mexico, on the Navajo Nation.

            Jim is currently in custody pending sentencing, which has not yet been scheduled. By the terms of the plea agreement, Jim faces between 14 and 24 years in prison.

            Jim’s co-defendant, Bryan Bull, remains in custody pending trial, which is currently scheduled for May 10, 2021. According to the indictment, filed on Sept. 10, 2020, Bull and Jim were charged with four counts of aggravated sexual abuse and two counts of abusive sexual contact.

            The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.

ALBUQUERQUE, N.M. – Elisha Muller, 36, of Albuquerque, pleaded guilty in federal court on April 7 to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking offense.

             A grand jury indicted Muller on Sept. 10, 2020. According to the plea agreement, Muller was arrested on Aug. 20, 2020, after law enforcement received information that she was selling drugs and executed a search warrant at her apartment in Albuquerque. Officers discovered three firearms, ammunition, 15 grams of methamphetamine, 5 grams of heroin and $1,800 in her apartment. Muller admitted to selling drugs and keeping drug sale ledgers of her transactions that officers also found at her apartment.

            Muller is currently in custody and faces 20 years in prison for these offenses.

            The FBI Violent Crimes Task Force and the Bernalillo County Sheriff’s Office investigated this case. Assistant U.S. Attorney Sarah Mease is prosecuting the case.

ALBUQUERQUE, N.M. – Kirsten Sandy, 38, and an enrolled member of the Pueblo of Zuni, was sentenced in federal court on April 1 to 41 months in prison for assault resulting in serious bodily injury in Indian Country.

            Sandy pleaded guilty to the offense on Feb. 5, 2020.  In her plea agreement, Sandy admitted to stabbing John Doe on May 1, 2014, in McKinley County, New Mexico, on the Zuni Pueblo. Sandy stabbed John Doe in the chest, causing severe lacerations and damaging the victim’s heart. As a result of the assault, the victim needed immediate open-heart surgery to save his life.

            The Zuni Police Department investigated this case. Assistant U.S. Attorneys Nicholas Marshall and Allison Jaros prosecuted the case.

ALBUQUERQUE, N.M. – Stephen Johnson, 35, of the Pueblo of Isleta, pleaded guilty in federal court today to domestic assault by a habitual offender in Indian Country.

              A grand jury indicted Johnson on Sept. 10, 2020. In his plea agreement, Johnson admitted to committing the offense on the Pueblo of Isleta on July 1, 2019. Johnson assaulted Jane Doe 2, his girlfriend at the time, after he had returned home from drinking. While Jane Doe 2 was packing her belongings to leave, Johnson threw a child’s chair at her, hitting her and bouncing off her and hitting Jane Doe 1 on the head, causing a small laceration above Jane Doe 1’s eyebrow.

              Johnson is currently in custody pending sentencing. He faces up to five years in prison.

             The Isleta Police Department investigated this case. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.

ALBUQUERQUE, N.M. – Brodie Coonsis, 27, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, appeared in federal court April 1 where he was charged with murder in Indian Country. Coonsis will remain in custody pending a detention hearing scheduled for April 5.

            According to a criminal complaint, on Feb. 26 Coonsis allegedly drove his truck to the victim’s home on the Pueblo of Zuni reservation. Coonsis allegedly approached the victim’s door with a firearm and knocked at the door. After the victim answered, Coonsis allegedly shot the victim in the back, then shot him three more times.

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

            The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from Zuni Tribal Police. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.

ALBUQUERQUE, N.M. – Roy Thundercloud, 38, of Albuquerque, plead guilty in federal court on March 26, to being a felon in possession of a firearm and ammunition.

            According to public court records, Thundercloud fired several shots from a rifle out of his apartment window near Albuquerque High School on May 31, 2020. Thundercloud also tried to dispose of the rifle shell casings by throwing them in the apartment complex’s dumpster. Thundercloud eventually surrendered after police responded to the scene to secure the area and detain him.

Thundercloud could not lawfully possess the rifle or ammunition based on previous felony convictions for possession with intent to distribute marijuana, burglary and aggravated driving while intoxicated.  

            Thundercloud is currently in custody pending sentencing.  He faces up to 10 years in prison.

           The Bureau of Alcohol, Tobacco, Firearms and Explosives Task Force and Albuquerque Police Department investigated this case.  Assistant U.S. Attorney Sarah Mease is prosecuting the case.

ALBUQUERQUE, N.M. – Brittany Huizar, 20, of Santa Fe, New Mexico, pleaded guilty in federal court on March 31 to a charge of assault resulting in substantial bodily injury in Indian Country.

            A grand jury indicted Huizar on Nov. 4, 2020.  According to the indictment, on Dec. 31, 2019, Huizar and eight other individuals assaulted a child, who is an enrolled member of the Nambe Pueblo, multiple times before the child was able to escape. The assault began at Valdez Park on the Santa Clara Pueblo.

            Huizar faces up to 5 years in prison. 

            The Santa Fe Resident Agency of the FBI investigated this case with assistance from the New Mexico State Police and the Espanola Police Department. Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.

ALBUQUERQUE, N.M. – Emery Garcia, 36, of the San Felipe Pueblo, pleaded guilty in federal court on March 29 to two counts of assault with a dangerous weapon in Indian Country.

            A grand jury indicted Garcia on Nov. 17, 2020.  In his plea agreement, Garcia admitted to committing the offense on the San Felipe Pueblo in Sandoval County, New Mexico, on Oct. 8, 2020, assaulting John Doe 1 and John Doe 2 with a board, specifically a piece of 2x4 lumber, with the intent to do bodily harm. Garcia attempted to enter a home through a window and attacked John Doe 1, a minor, with the board when John Doe 1 tried to stop Garcia. Garcia then struck John Doe 2, who attempted to intervene.

            Garcia is currently in custody pending sentencing.  He faces five to seven years in prison. 

            The FBI investigated this case with assistance from the Bureau of Indian Affairs.   Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE, N.M. – Acting U.S. Attorney for the District of New Mexico Fred J. Federici has announced that Centurion Correctional Healthcare New Mexico has agreed to a $215,000 settlement relating to civil claims brought by the Department of Justice on behalf of the United States Drug Enforcement Administration (DEA).

Centurion provides healthcare in prisons in several states. For each facility where Centurion provides healthcare, the DEA issues a registration authorizing Centurion to purchase and distribute controlled substances under the Controlled Substances Act (CSA).

            At issue in the civil claim was activity relating to Centurion’s registration for Northeast New Mexico Detention Facility (NENMDF), which expired on October 31, 2019. In its claim, the government contended that Centurion continued to acquire and dispense controlled substances after the expiration of the authorization granted through Centurion’s DEA registration at NENMDF. This activity allegedly continued through November 25, 2019, when another company assumed care for inmates at the facility.

            The government also contended that Centurion abandoned its remaining stock of controlled substances and failed to maintain proper records for controlled substances in violation of the terms of the CSA.

            By the terms of the settlement, Centurion agrees to pay $215,000 and the government, upon receipt of the settlement amount, releases Centurion from any civil or administrative monetary claim the United States has for the covered conduct under the CSA. Centurion admits no liability or wrongdoing.

            “This settlement strengthens our enforcements efforts with regards to the Controlled Substances Act,” said Acting U.S. Attorney Federici. “The Office of the U.S. Attorney plays a vital role in upholding accountability among those authorized by the government to dispense controlled substances. Such authorization conveys a substantial level of trust, and that trust can only be maintained through strict compliance.”

            “Everyone must do their part to ensure that prescription medications are not misused and abused,” said Kyle W. Williamson, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “The law requires that registrants do so, and DEA will continue to scrutinize and investigate those entities that fail to comply with the rules set forth in the Controlled Substance Act.”

             Assistant U.S. Attorney Ruth F. Keegan represented the United States in the settlement agreement.

ALBUQUERQUE, N.M. – Tonya Mae Dale, 28, of the Navajo Nation, NM, pleaded guilty in federal court on March 24 to a charge of involuntary manslaughter in Indian Country.

A grand jury previously returned an indictment against Dale on Sept. 25, 2019.  According to the indictment and other court records, Dale committed the offense in San Juan County on or about June 26, 2019. In her plea, Dale admitted to driving while intoxicated with her children in the vehicle, and her intoxication contributed to her vehicle becoming stuck. The next day Dale decided to leave her vehicle and began walking.  At some point, she decided to leave her children, a baby and a young child, and seek help on her own.  When she returned with assistance to the location she had left her kids, only the baby was still there. The other child had wandered away and was found deceased the next day.

Dale is currently in custody pending sentencing.  She faces up to eight years in prison.

The FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.

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ALBUQUERQUE, N.M. – Emerson Pinto, 58, of Crownpoint, New Mexico, and an enrolled member of the Navajo Nation, made his initial appearance in federal court on March 29 on an indictment charging him with two counts of aggravated sexual abuse in Indian Country. Pinto will remain in custody pending an arraignment scheduled for March 31.

v          Pinto was indicted by a federal grand jury on March 12. According to the indictment, between on or about Sept. 1, 2009 and Oct. 31, 2009, Pinto allegedly engaged in and attempted to engage a sexual act with Jane Doe 1 and Jane 2. At the time of the offense, the victims were both under the age of 12.  The alleged incident occurred on the Navajo Nation.

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

            The FBI investigated this case with assistance from Navajo Nation Police Department. Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.

ALBUQUERQUE, N.M. – Solomon Gbara, 47, of Albuquerque, was arraigned in federal court today, on a 13-count indictment for aiding and assisting in the preparation and presentation of false and fraudulent income tax returns. A federal grand jury indicted Gbara on March 12.

            According to the indictment, from Feb. 10, 2015, through March 13, 2017, Gbara allegedly assisted in the preparation and presentation of individual income tax returns (IRS Form 1040) that included claims Gbara knew were false. These misrepresentations included claims for dependents and Schedule C businesses to which the taxpayers were not entitled under the provisions of internal revenue laws.

            If convicted, Gbara faces a sentence of up to three years in prison for each count of the indictment. An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty.

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

ALBUQUERQUE, N.M. – Acting U.S. Attorney for the District of New Mexico Fred J. Federici has announced that Albuquerque Health Services (AHS) has agreed to a $240,000 settlement relating to civil claims brought by the Department of Justice on behalf of the United States Drug Enforcement Administration (DEA).

               AHS operates medication assisted treatment facilities that dispense controlled substances to consumers. Each AHS clinic is separately registered with the DEA and authorized to dispense controlled substances pursuant to the provisions of the Controlled Substances

Act (CSA).

            At issue in the civil claim was the registration of one of AHS’s clinics in Albuquerque, which expired June 30, 2019, and was not reinstated until August 12, 2019. The government contended that the clinic nonetheless continued to dispense methadone, a schedule II controlled substance, to patients during the period the DEA registration had lapsed.

            By the terms of the settlement, AHS agrees to pay $240,000 and the government releases AHS from any civil or administrative monetary claim the United States has for the covered conduct under the CSA. AHS admits no liability or wrongdoing.

            “We are pleased to reach agreement that reinforces the need for compliance with the terms of the Controlled Substances Act,” said Acting U.S. Attorney Federici. “When the United States grants any entity authorization by law we have an obligation to ensure that the responsibilities and requirements on which that authority is contingent are fulfilled and that the limits of that authority are not exceeded.”

             “The rules and regulations set forth in the Controlled Substance Act are in place for a reason,” said Kyle W. Williamson, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “The latest CDC overdose death statistics are a grim reminder that registrants must do their part to keep our communities safe and healthy. Through our oversight responsibilities, DEA will ensure that registrants comply with the law.”

             Assistant U.S. Attorney Ruth F. Keegan represented the United States in the settlement agreement.

ALBUQUERQUE, N.M. – Paul Osborne, 62, of Victorville, California, was sentenced on March 24 in federal court in Santa Fe to 14 months in prison for crimes that affected interstate commerce with intent to defraud. Osborne pleaded guilty on June 23, 2020.

            According to his plea agreement and other court records, Osborne was in possession of devices used for the manufacture of counterfeit credit cards and counterfeit credit cards. On November 3, 2015, Osborne was a passenger in a vehicle traveling on I-40 that was stopped by New Mexico State Police (NMSP) for erratic driving. After the occupants consented to a search of the vehicle, officers found inside a credit card imprinter, a credit card embosser, a credit card reader, and over fifteen credit or debit cards.  Subsequent investigation revealed that the credit card numbers were associated with other people throughout the United States. In his plea agreement, Osborne admitted to possessing those items with the intent to defraud. 

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

            The New Mexico State Police investigated this case. Assistant U.S Attorney Frederick T. Mendenhall prosecuted the case.

ALBUQUERQUE, N.M. – Byron Calavaza, 33, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, pleaded guilty March 23 in federal court to four counts of committing sexual abuse of a minor in Indian Country.

            According to the plea agreement, Calavaza sexually abused the victim between Dec. 25, 2017, and Jan. 21, 2018, at a home on the Pueblo of Zuni. Calavaza admitted in the plea agreement to committing intentional and unlawful sexual abuse of the victim, who was between the age of twelve and fifteen, with the intent to gratify his sexual desires.

            Calavaza is currently in custody awaiting sentencing. He faces five years in prison under the terms of his plea agreement. Additionally, should the court accept the plea agreement, Calavaza will be required to register as a sex offender upon his release from prison.

            The Zuni Police Department investigated the case. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.

ALBQUERQUE, N.M. – A federal jury in Albuquerque returned guilty verdicts on March 16, convicting Jody Rufino Martinez, 41, of Truchas, New Mexico, of murder, participation in a Racketeering Influenced and Corrupt Organizations (“RICO”) conspiracy, and being a felon in possession of a firearm and ammunition for conduct related to the Syndicato de Nuevo Mexico (“SNM”) prison gang. The jury acquitted Martinez on one count of witness tampering.

             According to public court records, Martinez has been a member and self-identified “soldier” of the SNM prison gang since 1998.  Martinez has committed numerous violent crimes on behalf of the SNM since joining the gang.  These crimes included the murder of a victim on Dec. 5, 2008 in Rio Arriba County for failing to deliver drugs to an SNM gang member. On Oct. 24, 2018, Martinez knowingly possessed a firearm and ammunition when he shot a victim at a residence in Santa Fe County as retaliation for supposedly disrespecting the SNM.  As a previously convicted felon, Martinez cannot legally possess a firearm or ammunition.

             Martinez is currently in custody awaiting sentencing.  He faces a mandatory life sentence for the murder conviction, and a sentence of up to life on the RICO conspiracy conviction.

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

ALBUQUERQUE, N.M. – George Martinez, 45, of Albuquerque, made an initial appearance in federal court today, charged in an indictment with 42 counts of wire fraud, six counts of money laundering and 42 counts of identity theft. An arraignment is scheduled for March 19. A federal grand jury indicted Martinez on March 12.

            According to the indictment, from May 18, 2011, through July 16, 2018, Martinez allegedly used his position as the Unit Supervisor/Bureau Chief of the Questionable Refund Unit at the New Mexico Taxation and Revenue Department to fraudulently alter tax refunds and direct them to bank accounts that he controlled.

            “When officials who are responsible for collecting taxes corruptly manipulate the system for their own benefit, it undermines the public’s confidence in all aspects of government,” said Acting United States Attorney Fred J. Federici III.  “Fraud involving the tax system, as alleged in this indictment, deprives the State of needed revenues and increases the tax burden on all law-abiding New Mexicans.  The prosecution of corrupt public officials is a high priority for the U.S. Attorney’s Office.”

             “Public service is an honor and a privilege; use of that service to benefit one's self at the expense of the people undermines the trust of the people,” said Scott A. Rago, Acting Special Agent in Charge of the FBI Albuquerque Field Office. “To restore that trust, the FBI and IRS Criminal Investigation worked closely to bring the defendant to justice, sending a clear message that the breach of public trust will not be tolerated.”

              “These charges should assure New Mexico residents that public servants will be investigated and charged for any alleged criminal activity,” stated IRS-Criminal Investigation Special Agent in Charge Ismael Nevarez Jr. “Everyone who holds a position of trust must be held to the highest standard.”

            An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Martinez faces a minimum of two years and up to 22 years in prison.

            The FBI Albuquerque Field Office and the IRS Criminal Investigation Phoenix Field Office investigated this case with assistance from the New Mexico Taxation and Revenue Department’s Tax Fraud Investigations Division. Assistant U.S. Attorney Paul Schied is prosecuting the case.

ALBUQUERQUE, N.M. – Eric Garcia, 40, of Smith Lake, New Mexico, and an enrolled member of the Navajo Nation, was charged on March 15 in federal court with murder committed in Indian Country. Garcia will remain in custody pending a detention hearing scheduled for March 17.

            According to a criminal complaint, on March 9, Garcia allegedly quarreled with the victim, identified in court records as John Doe, at a residence in McKinley County on the Navajo Nation. Garcia allegedly stabbed Doe in his chest, neck and abdominal area and fled. Doe died at the scene as a result of the attack. Navajo Police later located and arrested Garcia at his residence.

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

            The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigation. Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE, N.M. – Jameson Begaye, 41, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, made an initial appearance on March 12 in federal court, charged with murder committed in Indian Country. Begaye will remain in custody pending a detention hearing scheduled for March 16.

According to a criminal complaint, on March 7, Begaye allegedly shot and killed a victim, identified in court records as John Doe, following an altercation at a residence near Shiprock on the Navajo Nation. On March 8, investigators located Begaye, who was arrested after a law enforcement pursuit. During the pursuit, Begaye allegedly threw a handgun from his vehicle.  Investigators later retrieved the handgun and found a rifle and unspent rounds of ammunition inside the vehicle.

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

            The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigation. Assistant U.S. Attorney Elisa Dimas is prosecuting the case.

ALBUQUERQUE, N.M. – Edmond Andrew Yahnahki Shanta, 23, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, was sentenced on March 3 in federal court to two years and four months in prison for assault resulting in serious bodily injury in Indian Country. Shanta pleaded guilty to the crime on June 4, 2020.

              According to his plea agreement, Shanta assaulted the victim on July 13, 2019, in Otero County, New Mexico, on the Mescalero Apache Reservation. Shanta struck the victim in the face with a rock causing a deep cut and several fractures. After being airlifted to a Level 1 Trauma Center in El Paso, Texas, the victim needed surgery and four days of medical care for injuries sustained in the assault.

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

             The FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S Attorney Aaron O. Jordan is prosecuting the case.

ALBUQUERQUE, N.M. – Samuel Fletcher, 72, an enrolled member of the Pueblo of Pojoaque, was sentenced on March 8 in federal court to six months of probation after pleading guilty to driving under the influence of alcohol in Indian Country.

            According to the plea agreement and other court records, on July 6, 2020, Fletcher had six beers before leaving the Camel Rock Casino to drive home. Police found Fletcher parked across two spaces at a travel center, with a half-empty can of beer in his cupholder and a full can on the floorboard of his vehicle. Fletcher was asked to submit to a field sobriety test, but admitted that he could not balance due to his inebriated state. A portable breath test confirmed Fletcher’s inebriation. The offense occurred on the Pojoaque and Nambe Pueblos in Santa Fe County, New Mexico.

            In addition to probation, Fletcher also must use an ignition interlock system, attend and complete a Victim Impact Panel and DWI School, complete eight hours of community service and undergo random alcohol and drug screenings.

            The Bureau of Indian Affairs investigated this case. Assistant U.S. Alexander Flores is prosecuting the case.

ALBUQUERQUE, N.M. – Phillip Chacon, 39, of Española, pleaded guilty on Feb. 26 in federal court for possession of a stolen firearm.

              According to the plea agreement, on March 21, 2020, law enforcement arrived at Chacon’s residence to execute a search warrant for an unrelated charge when they saw Chacon outside his house holding several firearms. Chacon was ordered to put down the firearms and walk towards the officers. Instead, Chacon dropped the firearms and ran inside the house where he remained for several hours. Eventually, Chacon came out and was arrested. One of the firearms discovered by law enforcement at the residence was a stolen rifle, which Chacon knowingly possessed.

              Chacon is currently in custody pending sentencing. He faces up to 10 years in prison.

              The Santa Fe Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Española Police Department. Assistant U.S. Attorney Robert I. Goldaris is prosecuting this case.

ALBUQUERQUE, N.M. – Samuel Joseph Chee, 26, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, was sentenced in federal court today to a year and a half in prison for assault with a dangerous weapon. Chee pleaded guilty on Oct. 8, 2020.

           In his plea agreement, Chee admitted that on Jan. 4, 2020, he assaulted a victim, identified in court records as Jane Doe, with a knife. Jane Doe, also an enrolled member of the Mescalero Apache Tribe, suffered multiple lacerations to both arms and one thumb and required emergency medical treatment. The assault occurred on the Mescalero Apache Reservation in Otero County, New Mexico.

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

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

ALBUQUERQUE, N.M. – Paul Wollweber, 41, an enrolled member of the Pueblo of Acoma, was sentenced in federal court on Feb. 25 to eight months at a halfway house for abusive sexual contact. Wollweber pleaded guilty on Oct. 28, 2019.

              According to the plea agreement, on Aug. 29, 2015, while working as a detention center officer at the Acoma Detention Facility, Wollweber sexual abused of a female inmate. Wollweber touched the victim’s chest and continued to place his hands around her lower back and under her clothes. Wollweber also forced the victim to engage in kissing. The victim pushed Wollweber away to stop him from kissing and grabbing her. The Acoma Detention Facility is located on the Pueblo of Acoma, Indian Country.

              In addition to his sentence, Wollweber will also be required to register as a sex offender.

              The case was investigated by agents of the Bureau of Indian Affairs, Southern Pueblos District.  Assistant U.S. Attorneys Novaline D. Wilson and Raquel Ruiz Velez prosecuted this case.

ALBUQUERQUE, N.M. – Drew Jerome Beck, 28, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, pleaded guilty on March 2 in federal court to domestic assault by a habitual offender. Beck will remain in custody pending sentencing.

            According to the plea agreement and other court records, on March 2, 2020, Beck assaulted his intimate partner, who is also an enrolled member of the Mescalero Apache Tribe, in their home in Otero County on the Mescalero Apache Reservation. The victim, identified in court records as Jane Doe, called 911. When an officer arrived at the home, Beck fled through the back door.

            Beck previously was convicted of battery against a household member in Ruisdoso, New Mexico, in 2011 and was convicted of domestic violence in Mescalero Tribal court in 2017. He faces up to 10 years in prison.

            The Bureau of Indian Affairs investigated this case. Assistant U.S. Aaron O. Jordan is prosecuting the case.

ALBUQUERQUE, N.M. – Manison Largo, 41, of Church Rock, New Mexico, and an enrolled member of the Navajo Nation, made an appearance on March 1 in federal court where he is charged with sexually abusing a child younger than 16. Pending trial, Largo will be released to a halfway house when space is available.

            According to a criminal complaint, on multiple occasions beginning in approximately 2017, Largo allegedly sexually abused the victim, who is also an enrolled member of the Navajo Nation. During the course of the alleged abuse, which occurred at Largo’s residence in Church Rock, New Mexico, on the Navajo Nation, the victim had not attained the age of 12. The victim was able to borrow a phone and called 911 to report the abuse on or about Feb. 2.

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

            The FBI investigated this case with assistance from the Navajo Police Department. Assistant U.S. Alexander F. Flores is prosecuting the case.

ALBUQUERQUE, N.M. – Anthony Lucero, 35, an enrolled member of the Isleta Pueblo, pleaded guilty in federal court on Feb. 10 to domestic assault by a habitual offender.

             According to the plea agreement, on Nov. 13, 2019, Lucero assaulted his girlfriend. Lucero admitted to punching the victim in the face causing substantial bodily injury. The assault occurred on the Isleta Pueblo.

             Lucero is currently in custody pending sentencing. He faces up to 10 years in prison. 

             The Isleta Police Department investigated the case. Assistant U.S. Attorney Raquel Ruiz-Velez, Joseph Spindle and Alexander Flores prosecuted the case.

ALBUQUERQUE, N.M. – Wilson Davis, 25, an enrolled member of the Navajo Nation, was sentenced on Feb. 23 in federal court to two years in prison for sexually abusing a child in Indian Country. Upon completion of his prison sentence, Davis will be subject to five years of supervised release and will be required to register as a sex offender.

            Davis pleaded guilty to the offense on Oct. 22, 2020.  In his plea agreement, Davis admitted to engaging in sexual activity with the victim, who he knew was a minor. At the time of the abuse, the victim was younger than 16 years old. Davis committed the offense in McKinley County on the Navajo Nation. 

            The Gallup office of the FBI investigated this case with assistance from the Navajo Police Department and Navajo Nation Department of Criminal Investigation. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.

ALBUQUERQUE, N.M. – Joshua Neil Bowen, 28, of Alto, New Mexico, was sentenced on Feb. 16 in federal court to 12 years and seven months in prison for kidnapping. Upon his release, Bowen will be subject to three years of supervised release.

              According to Bowen’s plea agreement and other public court documents, he and four co-defendants abducted the victim from a travel center in Mescalero, New Mexico, on April 4, 2019.  Bowen and Roberto Cervantes, 25, of Chaparral, New Mexico, each had a firearm at the time.  Cervantes hit the victim in the face several times.  They also tied and bound the victim in an attempted robbery. 

              Bowen and his co-defendants took the victim to Chaparral where the co-defendants tried to withdraw money from the victim’s bank account with a debit card.  From there, some of the co-defendants traveled to El Paso, Texas, where Bowen took the victim to a bank. Bowen ordered the victim to pretend to be Bowen’s grandfather and change the PIN for the victim’s ATM card. After changing the PIN, Bowen transported the victim back to New Mexico. Some of the co-defendants obtained money from the victim’s bank account. 

              Bowen and his co-defendants checked into a hotel in Las Cruces, New Mexico, on April 5, 2019, where they prevented the victim from leaving. Bowen and Brittany Priddy, 30, of Ruidoso, New Mexico, left the hotel on April 7, 2019, and traveled to a residence. On April 8, 2019, the victim managed to call his son and tell him where he was. An officer from the Las Cruces Police Department responded and rescued the victim. 

              Priddy pleaded guilty to kidnapping on April 28. Derek Welborn, 30, of Ruidoso Downs, New Mexico, pleaded guilty to kidnapping on April 30. Cervantes and Alison Comstock, 28, of Carrizozo, New Mexico, pleaded guilty to kidnapping on May 19. All of the remaining defendants are in custody awaiting sentencing.

              The FBI investigated this case with the New Mexico State Police, Ruidoso Downs Police Department, Las Cruces Police Department and Dona Ana Sheriff’s Office. Assistant U.S. Attorneys Marisa A. Ong and Matilda McCarthy Villalobos are prosecuting the case. 

ALBUQUERQUE, N.M. – Ruben Castillo, 50, of Silver City, New Mexico, was sentenced on Feb. 16 in federal court to 24 years in prison for production of visual depictions of minors engaging in sexual conduct. Castillo pleaded guilty on March 24, 2020.

              According to his plea agreement and other court records, Castillo used Instagram to find and contact minor girls. Castillo admitted that on July 21, 2019, he met a victim who he knew was 15 years old and pursuaded her to engage in sexual conduct with him. Castillo further admitted to using his cellphone to photograph the act.

              Upon his release from prison, Castillo will be subject to supervised release for five years.

              Homeland Security Investigations investigated this case with assistance from the Silver City Police Department. Assistant U.S. Attorneys Marisa A. Ong and Ry Ellison prosecuted the case.

ALBUQUERQUE – Derek Nicholas Padilla, 30, of Santa Fe, New Mexico, was sentenced on Feb. 17 in federal court to five years and 11 months in prison for possession of stolen firearms.

              Padilla pleaded guilty on Oct. 14, 2020.  In his plea agreement, Padilla admitted to stealing the firearms a utility truck from a storage complex belonging to the Bureau of Indian Affairs located on Nambe Pueblo. The property belonged to the United States government.

              The Bureau of Indian Affairs investigated this case with assistance from the Santa Fe County Sheriff’s Department. Assistant U.S. Attorney Allison Jaros prosecuted the case.

ALBUQUERQUE, N.M. – Robert Alderete, 32, of Albuquerque, was sentenced in federal court in Albuquerque on Feb. 18 to three years and eight months in prison for being a felon in possession of a firearm and ammunition.

              According to public court documents, Alderete was driving recklessly in Albuquerque on Dec. 4, 2019, when a deputy stopped him. During the search of Alderete’s vehicle, the deputy discovered a semi-automatic rifle with a high-capacity magazine and anxiety pills.

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

              The FBI Violent Crimes Task Force and the Bernalillo County Sheriff’s Office investigated the case. Assistant U.S. Attorney Jaymie L. Roybal prosecuted the case.

ALBUQUERQUE – Stanton Sanchez, 33, of Zuni Pueblo, New Mexico, and an enrolled member of the Zuni Pueblo, was sentenced on Feb. 17 in federal court to 10 years in prison for assault of two minors resulting in serious bodily injury in Indian Country.

            Sanchez pleaded guilty on Jan. 8, 2020.  In his plea agreement, Sanchez admitted to driving recklessly while intoxicated and hitting two children who were walking in a residential area on the Zuni Pueblo in McKinley County on July 22, 2018. Sanchez’s blood alcohol content was more than twice the legal limit.  As a result of the crash, both children suffered serious injuries. At the time of the incident, the victims were 10 and 11 years old. 

            The Zuni Tribal Police Department investigated this case. Assistant U.S. Attorney Allison Jaros prosecuted the case.

ALBUQUERQUE, N.M. – A federal judge today ordered that Gael Antonio Rodriguez, 18, of Mexico, will remain detained pending trial for carjacking.

            According to a criminal complaint, on Jan. 16, Rodriguez allegedly 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 allegedly demanded her purse and the keys for her vehicle. When the victim resisted, Rodriguez allegedly slashed her hand with a knife, causing her to drop the keys. Rodriguez allegedly 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.

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

            The FBI Violent Crimes Task Force 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. – Derrick Begay, 33, of Shiprock, New Mexico, an enrolled member of the Navajo Nation, was sentenced on Feb. 10 in federal court to two years in prison followed by 3 years of supervised release for assault upon a federal officer involving physical contact. 

              According to Begay’s plea agreement and other court records, on Jan. 22, 2020, a federal special agent with the Bureau of Indian Affairs made contact with Begay on the side of a road in Shiprock on the Navajo Nation.  The agent lawfully requested that Begay exit his vehicle, but Begay did not comply. At one point Begay lunged out of his vehicle and hit the agent in the face. Begay got back into his vehicle and fled the scene with law enforcement in pursuit. Begay reached speeds in excess of 100 mph. The weather was poor and there were school buses on the roadway so law enforcement called off the pursuit. Begay was arrested on May 1, 2020.

              The Farmington office of the FBI investigated this case along with assistance from the Bureau of Indian Affairs and the Navajo Nation Police Department. Assistant U.S. Attorney David P. Cowen prosecuted the case.

ALBUQUERQUE, N.M. – Daniel Mitchem, 47, of Albuquerque, was sentenced in federal court in Albuquerque on Feb. 11 to four years and seven months in prison for being a felon in possession of a firearm and ammunition.

              According to his plea agreement, on Feb. 8, 2020, in Albuquerque Mitchem approached an undercover law enforcement officer, who he believed to be a regular citizen, and displayed his firearm, which was secured in his waistband, while claiming to be a member of the Sheriff’s Department. After the undercover officer identified himself as law enforcement, Mitchem ran to his vehicle and fled the scene. Law enforcement arrested Mitchem shortly after as he attempted to dispose of the firearm.

              Upon completion of his prison sentence, Mitchem will be subject to three-years of supervised release.

              The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Albuquerque Police Department investigated this case. Assistant U.S. Attorney Raquel Ruiz-Velez prosecuted the case

ALBUQUERQUE, N.M. – Thaddeus Ponce, 58, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, pleaded guilty in federal court Feb. 5 to influencing federal officials by threat.

              In the plea agreement, Ponce admitted to calling the Bureau of Indian Affairs’ (BIA) emergency dispatch multiple times from Aug. 10, 2019, to Oct. 7, 2019, in Otero County, New Mexico. Ponce threatened to kill federal dispatch operators and their families during numerous recorded calls. The BIA dispatch center is located on the Mescalero Reservation.

              Ponce is currently in custody pending sentencing. He faces up to 10 years in pri

              The Bureau of Indian Affairs (BIA) investigated this case. Assistant U.S. Attorney Aaron O. Jordan is prosecuting the case.

ALBUQUERQUE, N.M. – Joseph Matney, 40, of Albuquerque, New Mexico, pleaded guilty in federal court on Feb. 4 to armed robbery of a pharmacy, theft of medical products and possession with intent to distribute Oxycodone and Alprazolam.

              According to his plea agreement, Matney entered and robbed an Albuquerque pharmacy on Jan. 31, 2018. Matney, and a juvenile accomplice, held the employees at gunpoint and demanded opioid painkillers, anxiety pills and money from behind the counter. They fled with more than 2,500 pills before law enforcement arrived. On Feb. 12, 2018, law enforcement in Denver, Colorado, arrested Matney after a searching his vehicle and finding 1,600 of the stolen prescription pills and a firearm. 

              Matney is currently in custody pending sentencing. He faces seven to 30 years in prison.

              The Drug Enforcement Administration (DEA) and the Albuquerque Police Department investigated this case with assistance from the Denver Police Department. Assistant U.S. Attorney Peter J. Eicker is prosecuting the case.

ALBUQUERQUE, N.M. – Shawn Connell, 41, of Albuquerque, was charged in federal court on Feb. 8 with being a felon in possession of a firearm. Connell has been released from custody pending trial.

            According to a criminal complaint, on the morning of Sept. 26, 2020, a Bernalillo County Deputy Sheriff allegedly observed Connell driving erratically and made a traffic stop. At first, Connell allegedly refused to comply with the Deputy’s commands, but eventually got out of his vehicle and was detained. A check revealed that Connell’s driver license had been surrendered.

            Among the items found during an inventory of Connell’s vehicle was a handgun. As a previously convicted felon, Connell cannot legally possess a firearm or ammunition. If convicted, Connell faces up to 10 years in prison.

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

            The FBI Violent Crimes Task Force and the Bernalillo County Sheriff’s Office investigated this case. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.

ALBUQUERQUE, N.M. – Allen Lewis, 26, of Torreon, New Mexico, was sentenced in federal court in Albuquerque on Feb. 4 to 12 years and five months in prison for involuntary manslaughter, assault resulting in serious bodily injury of a minor, and assault resulting in serious bodily injury in Indian Country.

              According to his plea agreement, Lewis admitted to driving his vehicle on April 17, 2018, while under the influence of alcohol and causing a vehicle crash. After purchasing alcohol from a gas station in Cuba, New Mexico, Lewis alcohol level was at .147, which is over the legal limit. While driving on Route 9 on the Navajo Nation, Lewis fell asleep behind the wheel, drove on the wrong side of the road and crashed into a family of five. The crash caused the deaths of three victims and serious bodily injuries to two other victims who were hospitalized following the incident. Four of the victims were enrolled members of the Navajo Nation.

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

              The FBI investigated this case with assistance from the New Mexico State Police and the Navajo Nation Police Department. Assistant U.S. Attorney Nicholas Marshall prosecuted the case.

ALBUQUERQUE, N.M. – Antonio Barraza, 31, of Albuquerque, appeared in federal court on Jan. 22 on a charge of being a felon in possession of a firearm. Barraza will remain detained pending trial.

            According to a criminal complaint, on Aug. 10, 2020, a Bernalillo County Deputy Sheriff made a law enforcement stop on Barraza’s vehicle relating to an active arrest warrant. After the deputy identified and arrested Barraza, an inventory of items in his vehicle allegedly revealed a pistol underneath the driver’s seat.

            Barraza has six previous felony convictions. As a previously convicted felon, Barraza cannot legally possess firearms or ammunition. If convicted, Barraza faces up to 10 years in prison.

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

            The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bernalillo County Sheriff’s Department investigated this case. Assistant U.S. Attorney Jim Tierney is prosecuting the case.

ALBUQUERQUE, NM – Larry Nathaniel, 64, an enrolled member of the Navajo Nation, pleaded guilty in federal court in Albuquerque on Feb. 2 to a charge of Abusive Sexual Contact in Indian Country.

            A grand jury previously returned an indictment against Nathaniel on Sept. 25, 2019. According to the indictment and other court records, Nathaniel committed the offense in San Juan County on the Navajo Nation on or about Feb. 24, 2019. Nathaniel held down the victim by the arm and touched her genitalia. At the time of the assault, the victim was ten years old.  

            Nathaniel is currently in custody pending sentencing. He faces five to 10 years in prison. 

            The FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE, N.M. – Sarah Patricia Loya, 22, of Albuquerque, made an initial appearance in federal court on Feb. 2 where she was charged with possession with intent to distribute fentanyl and assaulting a federal officer. Loya will remain detained pending a preliminary hearing scheduled for Feb. 4.

              According to a criminal complaint, on January 29, Loya allegedly agreed to meet a person, who was in fact an undercover law enforcement agent, for Loya to sell 25 fentanyl pills. After the transaction was complete and law enforcement officers attempted to detain Loya’s vehicle, Loya allegedly attempted to avoid arrest by accelerating her vehicle into a concrete barrier. When that attempt failed, an agent wearing a clearly marked police insignia approached Loya, identified himself as police and commanded Loya to stop the vehicle. Loya allegedly ignored those commands and attempted to accelerate through law enforcement vehicles.

              Loya allegedly collided with a vehicle with a task force officer inside. At that point agents were able to detain Loya’s vehicle. Though Loya allegedly resisted, agents were able to subdue her and she was arrested.

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

              The Drug Enforcement Administration and the Albuquerque Police Department investigated this case. Assistant U.S. Attorney Peter Eicker is prosecuting the case.

ALBUQUERQUE, N.M. – Gilbert Gallegos, 44, of Lordsburg, New Mexico, pleaded guilty in federal court on Jan. 29 to production and possession of child pornography.

              According to information based on court records and statements made in open court, on April 8, 2020, Gallegos’ phone was seized and searched following a search warrant.      Gallegos admitted to producing and possessing child pornographic videos on his cellphone from July 2, 2019, depicting a minor victim who is partially nude, and another video of child pornography involving two minor victims.

             Gallegos is currently in custody pending sentencing. He faces 15 to 30 years in prison.

             Homeland Security Investigations and the Lordsburg Police Department investigated this case. Assistant U.S. Attorney Marisa A. Ong and Dustin C. Segovia are prosecuting the case.

ALBUQUERQUE, N.M. – Sandra Roberto, 42, of Las Cruces, New Mexico, pleaded guilty in federal court on Jan. 29 to wire fraud and fraudulent tax returns stemming from an embezzlement scheme.

According to court records, from 2011 to 2018, Roberto used her position in the accounting department for Mesilla Valley Transportation (MVT) to embezzle over a million dollars. As MVT’s primary contact with two third-party payment processors, Roberto deposited checks ranging from $400 to $975 into her personal bank account. Upon discovering her embezzlement scheme, MVT terminated her employment in 2018.

In addition to wire fraud, Roberto also falsified her income tax returns by failing to report any of the illegally embezzled funds to the IRS. For example, in 2017, Roberto embezzled $217,260, but only reported $31,932 as taxable income. The Form 1040 U.S. Individual Tax Return includes a declaration that the information is reported under the penalties of perjury.

Roberto faces up to 20 years in prison.

The FBI and IRS Criminal Investigation investigated this case.  Assistant U.S. Attorneys Ry Ellison and Richard C. Williams are prosecuting the case.

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