FEDERAL DISTRICT ARCHIVE
District of New Mexico
Press releases recorded for this federal judicial district.
Albuquerque man sentenced to 10 years in prison for downloading child pornographyRead the Press Release
ALBUQUERQUE, N.M. – A federal judge on Nov. 16 sentenced Alexander Balding, 25, of Albuquerque, to 10 years in prison for accessing and downloading child pornography. In addition to his prison sentence, Balding also will be subject to 20 years of supervised release.
Balding pleaded guilty on Aug. 5. In his plea agreement, Balding admitted to using uTorrent computer software to download more than 300 images of child pornography in March and April of 2019.
The FBI and the New Mexico Office of the Attorney General investigated this case. Assistant U.S. Attorney Eva M. Fontanez prosecuted the case.
Albuquerque man charged with aggravated sexual abuseRead the Press Release
ALBUQUERQUE, N.M. – Thomas Wabnum, 70, of Albuquerque, and a member of the Potawatomi Tribe (Kansas), made his initial appearance today in federal court on an indictment of aggravated sexual abuse in Indian Country.
According to the indictment, on July 6, 2019, Wabnum allegedly engaged in a sexual act with the victim, who was incapacitated at the time, by using force. The alleged incident occurred on the Jicarilla Apache Nation.
An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Wabnum faces up to life in prison.
The FBI investigated this case with assistance from the Jicarilla Apache Police Department. Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.
Joint law enforcement operation results in major eradication in northwest New MexicoRead the Press Release
ALBUQUERQUE, N.M. – Federal, state, local and tribal law enforcement agencies last week teamed together in the Shiprock, New Mexico, area to conduct a marijuana eradication operation that yielded tremendous results.
From Nov. 9 to Nov. 11, the FBI led hundreds of officers in a large-scale, multi-agency law enforcement operation that took place at 21 farms and two residences on the Navajo Nation near Shiprock. The marijuana was housed in 1,107 grow houses, though dozens more were under construction.
During the court-authorized operation, agents eradicated approximately 260,000 live plants and processed an estimated 60,000 pounds (30 tons) of evidence. Additionally, agents found 19 trash bags filled with fully processed marijuana - 1,000 pounds - in baggies, ready for distribution, hidden under a tarp in a grow house.
“First and foremost, I want to congratulate all the agencies involved in this operation, and especially those agents on the scene,” said John C. Anderson, U.S. Attorney for the District of New Mexico. “The numbers are astounding, and that could not have been achieved without a high level of interagency cooperation and coordination. I am consistently impressed by the professionalism displayed by law enforcement agents in the District of New Mexico. What they accomplished over the past week is remarkable. We are proud stand with the Navajo Nation in upholding and enforcing tribal and federal law.”
“I'm not sure what is more amazing: the amount of high-grade marijuana we kept off America's streets, or all the federal, state, local, and tribal agencies who tirelessly worked together to overcome numerous challenges and get the job done,” said James Langenberg, Special Agent in Charge of the Albuquerque FBI Division. “One thing I know for certain: We made a huge difference not only on the Navajo Nation, but in countless other communities. The FBI is extremely proud to have been a part of this significant operation and thanks the many partners who contributed to its success.”
“The top priority is the safety and well-being of our Navajo citizens and law enforcement officers,” said Navajo Nation President Jonathan Nez. “We appreciate everyone’s patience throughout this process as the Navajo Nation, federal, state, and counties worked together. It took a lot of time, coordination, and resources to execute this operation over the last few days. On behalf of the Navajo Nation, I thank the Navajo Police Department, Department of Justice, FBI, U.S. Attorneys, and many others who dedicated their time to help our communities eradicate these illegal activities.”
"The coordinated efforts and tireless work of all involved has brought the much-needed resolution to the marijuana operations and has given the Navajo Nation citizens, as well as the surrounding communities, peace of mind,” said Chief of Police Philip Francisco of the Navajo Police Department. “This operation is a testament to the professionalism of law enforcement, who have worked diligently to ensure the safety of our communities."
“Tackling the scourge of illicit drugs in tribal communities has been a top priority for the Trump Administration with Interior and the Bureau of Indian Affairs helping lead the way,” said Secretary of the Interior David L. Bernhardt. “I want to thank our federal, tribal, state, and local law enforcement partners for their tremendous efforts in taking down this major operation and making these communities safer.”
“Through the cooperative efforts of federal, tribal, state and local law enforcement partners, we have put a stop to a massive marijuana grow operation, which was being carried out under the guise of hemp farming,” said Kyle W. Williamson, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “The persons running this marijuana operation were doing so in disregard of tribal law, the health and well-being of tribal members, and the natural resources of the Navajo Nation. We thank community members for saying something when they saw something.”
“Large-scale growing operations, such as this one, can pose a serious risk to human health and the environment,” said Special Agent in Charge Christopher Brooks of the Environmental Protection Agency’s Criminal Investigation Division in New Mexico “Today’s action sends a clear signal that EPA and its law enforcement partners are committed to enforcing environmental laws that protect our communities.”
“I am proud of the hard work and dedication contributed to this operation by my officers and agents.” said Robert Thornton, Chief of the New Mexico State Police. “The result of this unprecedented effort serves to strengthen the cooperation between our federal, state, and local law enforcement partners”
“This case had many jurisdictional hurdles. Thanks to the longstanding partnerships between federal, state and local law enforcement, we came together to stop a significant criminal enterprise in our community,” said San Juan County Sheriff R. Shane Ferrari. “San Juan County is truly blessed to have these dedicated professionals to keep our communities safe.”
Federal agencies involved in the effort were the U.S. Attorney’s Office for the District of New Mexico, the FBI, the Drug Enforcement Administration, the U.S. Marshals Service, the Environmental Protection Agency’s Criminal Investigations Division, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Bureau of Indian Affairs. Tribal, state and local agencies included the Navajo Police Department, the Navajo Department of Criminal Investigations, the New Mexico State Police, the Region II Narcotics Task Force, the New Mexico Army National Guard, the San Juan County Sheriff's Office, the Farmington Police Department, the Aztec Police Department, the Colorado Bureau of Investigation and the Tennessee Bureau of Investigation.
Anyone who has additional information they wish to report relating to this eradication effort may do so by contacting the FBI at 1-800-CALL-FBI (225-5324).
Las Vegas tax preparer pleads guilty to false returnsRead the Press Release
ALBUQUERQUE, N.M. – Carlos Perea, 44, of Las Vegas, New Mexico, pleaded guilty in federal court in Albuquerque today to two counts of aiding and abetting the preparation of false income tax returns.
Perea owned and operated Perea Fast Tax in Las Vegas where he prepared income tax returns for clients and filed them with the IRS electronically and by mail. In the plea agreement, Perea admitted to reporting false information to decrease tax liabilities and increase refunds. Among the deceptive practices employed by Perea were deducting bogus business expenses, falsely reporting head of household status to increase the standard deduction and improperly claiming dependents to increase exemptions.
He faces up to three years in prison on each count.
The IRS investigated this case. Assistant U.S. Attorney Benjamin Christenson is prosecuting the case.
Shiprock man pleads guilty to assaulting a federal officerRead the Press Release
ALBUQUERQUE, N.M. – Derrick Begay, 33, of Shiprock, New Mexico, an enrolled member of the Navajo Nation, pleaded guilty in federal court in Albuquerque on Nov. 6 to assault on a federal officer involving physical contact.
According to the plea agreement and other court records, on Jan. 22, a federal special agent with the a Bureau of Indian Affairs made contact with Begay on the side of a road in Shiprock, New Mexico, on the Navajo Nation. The special agent requested that Begay get out of the vehicle, but Begay did not comply. At one point Begay lunged out of his vehicle and hit the special 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 later arrested on May 1.
Begay is currently in custody pending sentencing. He faces up to eight years in prison.
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 is prosecuting the case.
Albuquerque man arraigned for unregistered firearmRead the Press Release
ALBUQUERQUE, N.M. – Wayne Velasquez, 30, of Albuquerque, was arraigned in federal court on Oct. 28 for possession of an unregistered firearm. Velasquez will remain in custody pending trial.
According to a criminal complaint, on Sept. 7, Albuquerque Police officers responding to a shooting incident encountered Velasquez sitting outside his residence with a gunshot wound to his foot. The officers allegedly observed a firearm lying on the floor of the residence. The firearm allegedly discharged when it fell to the floor, striking Velasquez in the foot.
The National Firearms Act mandates the registration of a firearm with the dimensions and characteristics of the firearm allegedly possessed by Velasquez in the National Firearm Registration and Transfer Record. A search of the Record yielded no results for the firearm.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Velasquez faces up to 10 years in prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department investigated this case. Assistant U.S. Attorney Rumaldo Armijo is prosecuting the case.
Member of Santo Domingo Pueblo pleads guilty to assault on federal officersRead the Press Release
ALBUQUERQUE, N.M. – Stephen Reano, 22, of Santo Domingo, New Mexico, and an enrolled member of Santo Domingo Pueblo, pleaded guilty on Oct. 30 in federal court to an indictment charging him with two counts of assault on a federal officer with a dangerous weapon.
According to his plea agreement, Reano acknowledged that on June 11 he was carrying a rifle in the village area of Santo Domingo Pueblo. Bureau of Indian Affairs (BIA) patrol officers, responding to calls about an armed individual in the village, located Reano standing near a utility pole beneath a street light. Reano admitted that he pointed his shouldered rifle at one of the officers. Reano then pointed his weapon at the second officer when the officer used the patrol unit’s public address system to order Reano to put down his weapon.
Reano remains in custody pending sentencing, which has yet to be scheduled. He faces up to 20 years in prison for the two counts of assault.
The Albuquerque office of the FBI and the BIA investigated this case. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
Navajo man pleads guilty to sexual abuse of a minor in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Wilson Davis, 25, an enrolled member of the Navajo Nation, pleaded guilty in federal court in Albuquerque on Nov. 2 to sexual abuse of a minor in Indian Country.
A grand jury indicted Davis on July 10, 2018. According to the indictment and other court records, on or about Oct. 22, 2016, Davis engaged in and attempted to engage in sexual activity with a child, who at the time of the offense was older than 12 but younger than 16. Davis committed the offense in McKinley County on the Navajo Nation.
Davis is currently in custody pending sentencing. He faces up to 15 years in prison.
The Gallup office of the FBI investigated this case with assistance from the Gallup Police Department and McKinley County Sheriff’s Department. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.
Navajo man pleads guilty to abusive sexual contact with a minorRead the Press Release
ALBUQUERQUE,N.M. – Nathan Thomas, 44, of Pueblo Pintado, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty in federal court in Albuquerque on Nov. 4 to abusive sexual contact with a minor in Indian Country.
A grand jury indicted Thomas on June 12, 2019. According to the indictment and other court records, Thomas committed the offense at his family home in San Juan County on the Navajo Nation between Aug. 1, 2007, and July 21, 2010. On more than one occasion over this period, Thomas knowingly engaged in and caused sexual contact with a child under the age of twelve.
Thomas will remain in custody pending sentencing. He faces up to 18 years in prison.
The Gallup office of the FBI investigated this case with assistance from the Navajo Department of Criminal Investigations. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Albuquerque man sentenced to six years in prison for robberyRead the Press Release
ALBUQUERQUE, N.M. – Vicente Perez, 22, of Albuquerque, was sentenced on Oct. 29 in federal court to six years and three months in prison for robbery. Perez pleaded guilty on July 10. His accomplice, Jacob Merkel, pleaded guilty on Aug. 24 for his part in the crime.
According to his plea agreement, Perez admitted to driving Merkel to Tobacco Town, a business in Albuquerque, on Nov. 20, 2019, with the intent of robbing the business. Merkel robbed the store at gunpoint and fired a shot at the clerk while exiting the building. Perez and Merkel fled, but were identified and followed by Albuquerque Police. While Perez attempted to evade the police, a tire on his car blew out, disabling it, and Perez and Merkel fled on foot. Perez surrendered after a brief pursuit.
In addition to his prison sentence, Perez will be subject to three years of supervised release. Merkel remains in custody pending sentencing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department investigated this case. Assistant U.S. Attorney Eva M. Fontanez prosecuted the case.
U.S. Attorney John C. Anderson announces $500,000 to combat violent crime in the District of New MexicoRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney John C. Anderson today announced a $500,000 Department of Justice grant to fight and prevent violent crime in Bernalillo County, New Mexico. The grant, awarded by the Department’s Office of Justice Programs, is part of more than $458 million in funding to support state, local and tribal law enforcement efforts to combat violent crime in jurisdictions across the United States.
“One of the fundamental missions of government is to protect its citizens and safeguard the rule of law,” said Attorney General William P. Barr. “The Department of Justice will continue to meet this critical responsibility by doing everything within its power to help our state, local and tribal law enforcement and criminal justice partners fight crime and deliver justice on behalf of all Americans.”
The funding announced today continues the Trump Administration’s commitment to reducing crime and improving public safety. In the two years before President Trump took office, America had experienced a precipitous rise in crime, particularly in serious violent crime. The President elevated community safety to the top of his domestic agenda and crime rates have fallen steadily since. Recent data from the FBI and the Bureau of Justice Statistics for 2019 show a drop in crime and serious victimization for the third year in a row. However, a number of cities are experiencing conspicuous countertrends. Today’s grants will bolster crime-fighting efforts in those communities and in jurisdictions throughout the United States.
“Violence has become a tragic reality in too many of America’s communities,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Working with officials across the Trump Administration and with thousands of state, local and tribal crime-fighters across the country, the Department of Justice is leading the response to this urgent challenge. OJP is pleased to make these resources available to support innovative, tested and diverse solutions to violent crime.”
“I am pleased to announce this additional funding awarded to Bernalillo County as part of Operation Legend,” said U.S. Attorney Anderson. “Sheriff Gonzales and his department have been integral partners in identifying and apprehending perpetrators of dangerous crimes in our community. This funding helps to ensure that our efforts are sustainable over the long term.”
Of the more than $458 million awarded nationwide, OJP’s Bureau of Justice Assistance made 1,094 grants totaling more than $369 million to support a broad range of initiatives, including efforts in enforcement, prosecution, adjudication, detention and rehabilitation.
OJP’s Office of Juvenile Justice and Delinquency Prevention awarded more than $10 million across 24 jurisdictions to intervene in and suppress youth gang activity as well as $1 million to the Institute for Intergovernmental Research to continue operating the National Gang Center. OJP’s National Institute of Justice awarded $7.8 million to fund research and evaluation on the prevention and reduction of violent crime. OJP’s Bureau of Justice Statistics provided more than $69 million to strengthen the quality and accessibility of records within the National Instant Criminal Background Check System.
Bernalillo County will receive $500,000 to assist in continuing efforts as part of Operation Legend. Operation Legend is an ongoing, systematic and coordinated law enforcement initiative across federal law enforcement agencies work with state and local law enforcement officials to fight the current surge of violent crime in American cities.
“The Bernalillo County Sheriff's Office is grateful for our federal law enforcement partners supporting our office in the removal of career criminals from the streets and combating Albuquerque's out-of-control crime crisis. This additional funding proves we have the federal government's full support to make Bernalillo County a safer place to live.”
For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.
Albuquerque man charged with bank robberyRead the Press Release
ALBUQUERQUE, N.M. – Calvin Whiteside, 27, of Albuquerque, appeared in federal court on Oct. 29 on two counts of bank robbery. Whiteside will remain in custody pending trial.
According to a criminal complaint, on Oct. 23, Whiteside allegedly entered and robbed Bank of the West on Menaul Blvd. in Albuquerque. Moments after leaving Bank of the West, Whiteside allegedly entered and robbed First Financial Credit Union on San Mateo Blvd. Albuquerque Police identified and apprehended Whiteside a short time later.
If convicted, Whiteside faces up to 20 years in prison for each count. A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The FBI’s Albuquerque Violent Crime Task Force investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Stephen A. White is prosecuting the case.
Member of Navajo Nation sentenced to five years in prison for abusive sexual contact in Indian CountryRead the Press Release
ALBUQUERQUE N.M. – Garrith Bitsilly, 33, of Newcomb, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on Oct. 29 in federal court in Albuquerque to five years and three months in prison for abusive sexual contact in Indian Country.
Bitsilly pleaded guilty to this offense on June 1. In his plea agreement, he admitted committing this crime on the Navajo Reservation in San Juan County between Feb. 1, 2014, and Aug. 31, 2014. Bitsilly acknowledged that he caused sexual contact with a child under the age of 12 at a family member’s residence.
In addition to his prison sentence, Bitsilly will be subject to nine years of supervised release.
The Farmington office of the FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Elisa C. Dimas is prosecuting the case.
Albuquerque man arraigned on gun charge under Operation LegendRead the Press Release
ALBUQUERQUE, N.M. – Christopher Leyba, 34, of Albuquerque, was arraigned in federal court in on Oct. 28 on a charge of being a felon in possession of a firearm. Leyba will remain in custody pending trial.
According to a criminal complaint, on Sept. 7, Leyba allegedly drove a stolen vehicle to a motel in Albuquerque and exited the vehicle with a holstered gun on his hip. Law enforcement officers searched Leyba’s vehicle on Sept. 8 and found two handguns. As a previously convicted felon, Leyba cannot legally possess as firearm or ammunition.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Leyba faces up to 10 years in prison.
The Drug Enforcement Administration and the Albuquerque Police Department investigated this case. Assistant U.S. Attorney Eva M. Fontanez is prosecuting the case as part of the Department of Justice’s Operation Legend, a coordinated federal and local law enforcement initiative to fight gun and dangerous crime.
Sheep Springs man pleads guilty to second degree murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Garrett Neal, 27, of Sheep Springs, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty today to an indictment charging him with second degree murder in Indian Country.
According to his plea agreement, on July 12, 2015, Neal and an accomplice engaged in a fight with a man in Sheep Springs on the Navajo Nation. During the fight, Neal punched and kicked the man while he was on the ground. Neal also hit the victim with rocks and brass knuckles to his head and throat, causing fatal injuries. Neal admitted that he was aware the victim was trying to breathe, had attempted to run away and did not fight back. The victim died at the scene as a result of the beating.
Neal remains in custody awaiting sentencing. By the terms of the plea agreement, he faces five to 15 years in federal prison, followed by a term of supervised release to be determined by the court.
The FBI and the Navajo Division of Public Safety investigated this case. Assistant United States Attorney Novaline D. Wilson is prosecuting the case.
Albuquerque man pleads guilty to firearms chargeRead the Press Release
ALBUQUERQUE, N.M. – Nicholous Phillips, 41, of Albuquerque, pleaded guilty in federal court on Oct. 27 to being a felon in possession of a firearm and ammunition.
In the plea agreement, Phillips admitted that on Nov. 15, 2019, he was in possession of ammunition, 561.73 grams of methamphetamine and two partially destroyed pieces of a Glock handgun. Prior to this offense, Phillips had been convicted of eight felonies. As a convicted felon, Phillips cannot legally possess a firearm or ammunition. Phillips possessed these items at his home when probation officers inspected the location as part of his supervision following a previous conviction.
By the terms of the plea agreement, Phillips faces 15 years in prison and will remain in custody pending sentencing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. Assistant U.S. Attorney Jaymie Roybal is prosecuting the case.
Española man sentenced to 16 years in federal prison for robbery, assault, and firearms crimesRead the Press Release
ALBUQUERQUE, N.M. – Michael Duran, 33, of Española, New Mexico, and a member of the Ohkay Owingeh tribe, was sentenced in federal court in Albuquerque on Oct. 21 to 16 years and six months in prison after pleading guilty to charges of robbery, two counts of assault with a dangerous weapon, and discharging a firearm during a crime of violence.
According to court records, on two separate occasions Duran entered a business with the intent to rob it with a firearm. On Oct. 1, 2017, Duran entered the San Pedro Shell gas station and store located near Española on the Santa Clara Pueblo, pointed a firearm at the store clerk and demanded money from the cash register. Duran got away with $50 in cash and several boxes of cigarettes. On Oct. 16, 2017, Duran approached the walk-up order window at the El Parasol Restaurant in Española, also on the Santa Clara Pueblo, and demanded money while pointing a firearm at a restaurant employee. Duran fired his weapon into the business and fled the scene. No one was injured.
Upon his release from prison, Duran will serve three years of supervised release.
The Bureau of Indian Affairs – Northern Pueblo Agency investigated this case with assistance from the Española Police Department. Assistant U.S. Attorneys David P. Cowen and Jennifer M. Rozzoni prosecuted the case.
Doña Ana County inmate sentenced to six years in federal prison for attempt to possess contrabandRead the Press Release
ALBUQUERQUE, N.M. – Aaron Reed, 30, of Grants, New Mexico, was sentenced Oct. 22 to six years and four months in federal prison after pleading guilty to attempting to possess contraband in prison.
Reed was one of seven defendants charged in a conspiracy to distribute illegal drugs, including methamphetamine and buprenorphine, inside of the Doña Ana County Detention Center in January 2019. Reed pleaded guilty on April 2. In the plea agreement, Reed admitted to attempting to obtain methamphetamine and buprenorphine from another inmate in January 2019. According to an indictment, Reed told an associate he knew a corrections officer willing to bring contraband into the detention center and directed her to pay the corrections officer between $200 and $250.
Upon his release from prison, Reed will serve three years of supervised release.
Co-defendant Jose Ignacio Caro pleaded guilty on May 21 to conspiracy to provide contraband in prison and on Sept. 29 was sentenced to seven years in prison. Co-defendant Joe Anthony Garcia pleaded guilty on March 11 to attempt to provide contraband in prison and is awaiting sentencing. Co-defendants Ashley Silva, Angel Destiny Ortega and Marie Cadney pleaded guilty in March and Dominic Garcia on April 1 to Conspiracy to provide contraband in prison and are awaiting sentencing.
The FBI investigated this case in conjunction with the Southern New Mexico Public Corruption Task Force, the Office of Security Threat Intelligence, the Doña Ana County Detention Center, Las Cruces-Doña Ana County Metro Narcotics Agency and the Las Cruces Police Department. Assistant U.S. Attorneys Marisa A. Ong and Matthew R. Ramirez prosecuted the case.
Mescalero Apache man sentenced to 22 years in prison for abusive sexual contactRead the Press Release
ALBUQUERQUE, N.M. – David Joe Melendrez, 56, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, was sentenced in federal court in Albuquerque today to 22 years in prison for abusive sexual contact.
In the plea agreement, Melendrez acknowledged sexually abusing multiple children, ranging in age from seven to 14, over the course of several years. The abuse took place on the Mescalero Apache Indian Reservation and all of the victims were members of the Mescalero Apache Tribe.
Upon his release from prison, Melendrez will be subject to 10 years of supervised release.
The FBI and the Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Marisa A. Ong prosecuted the case.
Albuquerque man charged with illegal possession of a firearmRead the Press Release
ALBUQUERQUE, N.M. – Devan Andrew Martinez, 33, of Albuquerque, appeared in federal court on Oct. 23 for arraignment on an indictment charging him with illegal possession of a firearm. Martinez has previously been convicted of a felony crime.
A federal grand jury indicted Martinez on Sept. 10. According to the indictment, Martinez allegedly committed the offense on July 18, 2018, on the Laguna Pueblo in Cibola County.
Martinez is currently in custody pending a trial, which has yet to be scheduled. Martinez faces up to 10 years in prison if convicted of the charged offense. An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The Laguna Agency of the Bureau of Indian Affairs Office of Justice Services investigated this case with assistance from the Laguna Pueblo Police Department. Assistant U.S. Attorney Alexander F. Flores is prosecuting the case.
Two Navajo men charged with sexual abuse of a minor in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Jeremiah Elijah Jim, 40, of Teec Nos Pos, Arizona, was arraigned in federal court on Oct. 6 on an indictment charging him with aggravated sexual abuse of a minor and abusive sexual contact of a minor in Indian Country. His co-defendant, Bryan Bull, 39, of Shiprock, New Mexico, appeared in federal court on Sept. 21 for arraignment on the same charges. Both men are enrolled members of the Navajo Nation.
A federal grand jury charged Jim and Bull on Sept. 10 with four counts of aggravated sexual abuse of a minor and two counts of abusive sexual contact of a minor. The men are further charged in each count with aiding and abetting in the abuse.
According to the indictment, between June 3 and June 4, 2019, Jim and Bull allegedly threatened the then-14-year-old victim with serious bodily injury and sexually assaulted him. The charged offenses took place in Shiprock, New Mexico, in San Juan County on the Navajo Nation.
Bull and Jim are currently in custody pending trial. If convicted, each defendant faces up to life in prison. An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The Farmington Office of the FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
Navajo man charged in shooting incident in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Ferlando Wadsworth, 38, an enrolled member of the Navajo Nation, appeared in federal court today on charges of assault with a dangerous weapon, discharging a firearm during a crime of violence and unlawful possession of a firearm by a convicted felon. Wadsworth will remain in custody pending trial.
According to a criminal complaint, on Oct. 14, Wadsworth allegedly arrived with two associates at a meeting to purchase food stamps from the victims. When the first victim refused to get into a vehicle with Wadsworth and his associates, Wadsworth allegedly exited the vehicle with a shotgun and followed her to the vehicle driven by the second victim. Wadsworth allegedly pointed the shotgun at the victims and demanded that they get out of their vehicle. When the second victim put the car into drive, Wadsworth allegedly attempted to open the door and then fired the shotgun into the vehicle as it began to drive away.
Navajo Police located the vehicle in which Wadsworth fled and a vehicle pursuit ensued. Wadsworth allegedly got out of the vehicle and was caught as he attempted to flee on foot. Officers located a shotgun with the serial number obliterated.
The incident took place on the Navajo Nation. As a felon previously convicted of aggravated assault with a deadly weapon and battery on a peace officer, Wadsworth cannot legally possess a firearm or ammunition. If convicted, Wadsworth faces up to 10 years in prison for unlawful possession of a firearm by a convicted felon, 10 years for assault with a dangerous weapon and a minimum of 10 years and up to life in prison for discharge of a firearm during a crime of violence.
A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The FBI and the Navajo Department of Criminal Investigations investigated this case. Assistant U.S. Attorney Frederick T. Mendenhall is prosecuting the case.
Mescalero man charged with aggravated sexual abuse of a childRead the Press Release
ALBUQUERQUE, N.M. – Troy Douglas Blaylock, Sr., 57, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, was charged in federal court on Sept. 22 with aggravated sexual abuse of a child and sexual abuse of a minor. The Court ordered Blaylock detained pending trial.
A criminal complaint alleges that from late 2019 until Aug. 2020 Blaylock repeatedly sexually abused a minor victim, who is also an enrolled member of the Mescalero Apache Tribe and was eight- and nine-years old during the time of the abuse. The alleged abuse took place in the defendant’s residence within the external borders of the Mescalero Apache Indian Reservation.
If convicted, Blaylock faces up to 15 years in prison for sexual abuse of a minor and a minimum of 30 years and up to life in prison for aggravated sexual abuse of a child. A criminal complaint is only an allegation. A defendant is considered innocent unless and until proven guilty.
The FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorney Marisa A. Ong is prosecuting the case.
Lordsburg man charged with producing and possessing child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Gilbert Gallegos, 44, of Lordsburg, New Mexico, was arraigned in federal court on Sept. 24 on charges of production and possession of child pornography. Gallegos will remain detained pending trial.
According to a criminal complaint, on April 15, Gallegos allegedly was in possession of pornographic videos on his cellphone from July 2, 2019, depicting a minor victim who is nude from the waist down. Gallegos allegedly is identified as participating in the videos. Other videos recovered from Gallegos’ phone allegedly contain child pornography.
If convicted, Gallegos faces a mandatory minimum of 15 years and up to 30 years in prison for production of child pornography and up to 20 years in prison for possession of child pornography. A criminal complaint is only an allegation. A defendant is considered innocent unless and until proven guilty.
Homeland Security Investigations and the Lordsburg Police Department investigated this case. Assistant U.S. Attorney Marisa A. Ong is prosecuting the case.
U.S. Attorney John C. Anderson appoints Election Officer for the District of New MexicoRead the Press Release
ALBUQUERQUE, N.M. – United States Attorney John C. Anderson announced today that Assistant United States Attorney (AUSA) Jeremy Peña will lead the efforts of his office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSA Peña has been appointed to serve as the District Election Officer (DEO) for the District of New Mexico, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
“Our system of government rests on the premise that elections are decided by eligible American citizens exercising their right to vote,” said U.S. Attorney Anderson. “The federal government is committed to doing its part to ensure that our elections are both free and fair.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
To respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Anderson stated that AUSA/DEO Peña will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: 505-224-1451 and 505-269-2038.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 505-889-1300.
"The American people expect and deserve fair, open, and honest elections that are free of interference," said Special Agent in Charge James Langenberg. "The FBI has jurisdiction over federal election crimes like voter and ballot fraud, civil rights violations and campaign finance offenses, as well as computer intrusions. We are ready to quickly respond if required."
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
In the case of a crime of violence or intimidation, voters should call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
“Citizens can help us protect the integrity of our elections by reporting illegal actions,” said U.S. Attorney Anderson. “I encourage those who have specific information about such activities to make that information available immediately to my office, the FBI, or the Civil Rights Division.”
This year marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney John C. Anderson announces $278,460 in Justice Department grants to support gun prosecutions in AlbuquerqueRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney John C. Anderson today announced $278,460 in Department of Justice funding to hire a special prosecutor to try federal firearms cases. The award supports violence reduction efforts as part of Operation Legend and other Department-led initiatives in cities across the country. An additional $500,000 is available to support a Real Time Crime Center that will provide police with rapid intelligence and instant information to help identify emerging crime patterns.
“Keeping its citizens safe is the primary responsibility of government,” said Attorney General William P. Barr. “Cities plagued by violent crime need the resources to tackle it, and these grant awards will help do that. On the enforcement side, Real Time Crime Centers will make policing more efficient and targeted; and on the prosecution side, Special Assistant U.S. Attorneys will help bring more federal firearms cases to justice.”
Attorney General Barr announced that the Department of Justice’s Office of Justice Programs is making up to $5.3 million available in grants to support Operation Legend sites nationwide. More than $1.3 million will fund special prosecutors who have been cross-designated to try federal firearms cases originating in: Albuquerque, New Mexico; Kansas City, Missouri; Memphis, Tennessee; and St. Louis, Missouri. In addition, these and other Legend cities will be eligible for grant funding to support Real Time Crime Centers. These centers are a considerable financial investment for any law enforcement agency. The funding being made available to each Legend city can assist police departments in purchasing critical equipment and paying for the overtime to keep these centers staffed around the clock.
“We are pleased to support the outstanding work being undertaken through Operation Legend to reduce violent crime by focusing on cases involving illegal firearms,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is pleased to make these resources available to support the brave crime-fighters who work so hard to deter violence and keep our communities safe.”
“Operation Legend affords us the additional resources we need to address the persistently high rate of violent crimes in our neighborhoods,” said U.S. Attorney Anderson. “Time and again, we see cases involving guns used to commit crimes in communities across New Mexico. Having a prosecutor dedicated specifically to these cases is a key advancement in our efforts to reduce these crimes over the long term.”
A grant to the 13th Judicial District Attorney's Office for the State of New Mexico will support the hiring of a full-time local prosecutor who will be empowered to try firearms cases in federal court.
“State prosecutors in New Mexico face significant challenges in both holding and obtaining adequate punishments against the most dangerous offenders in the state criminal justice system,” said 13th Judicial District Attorney Lemuel L. Martinez. “The prospect of increased federal prosecutions is a major incentive for our state and local law enforcement counterparts to work with the United States Attorney’s Office. The special prosecutor funded through this grant will help us prevent these offenders from continuing their criminal acts.”
Prosecuting gun crimes is central to the Justice Department’s strategy under Operation Legend and other violence reduction initiatives led by the Department. These efforts follow a sustained, systematic and coordinated approach to gun violence in which federal law enforcement agencies work closely with state and local officials to fight violent crime. Funding comes from the Bureau of Justice Assistance, a component of the Justice Department’s Office of Justice Programs.
The Department of Justice launched Operation Legend in July, following the murder of four-year-old LeGend Taliferro, who was shot and killed while he slept in his Kansas City home. The initiative was subsequently expanded from Kansas City to Albuquerque, Chicago, Cleveland, Detroit, Memphis, Milwaukee, St. Louis and Indianapolis. Since the summer launch, officials in Operation Legend sites have made more than 5,500 arrests, including approximately 276 for homicide, and seized more than 2,000 firearms. Of the more than 5,500 individuals arrested, approximately 1,124 have been charged with federal offenses. More than 600 of those defendants have been charged with firearms offenses.
More information about OJP and its components is available at www.ojp.gov.
This year marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years
Navajo man sentenced to three years in prison for assault resulting in serious bodily injuryRead the Press Release
ALBUQUERQUE, N.M. – Derwin Williams, 44, an enrolled member of the Navajo Nation, was sentenced on Oct. 21 in federal court in Albuquerque to three years in prison to be followed by three years of supervised release for assault resulting in serious bodily injury in Indian Country.
Williams pleaded guilty on June 5. In his plea, Williams admitted to committing the assault on April 23, 2017, on the Navajo Nation. According to a grand jury indictment, Williams and two defendants, Marty Manuelito, 45, and Joelson Talk, 44, who are also members of the Navajo Nation, allegedly went to the victim’s home to retrieve a firearm when they began hitting and kicking the victim, resulting in multiple cuts to his body and face, a broken tooth, fractures to his nose and spine and a concussion.
Talk pleaded guilty on July 24 and his sentencing is scheduled for Nov. 18. Manuelito entered a plea of not guilty on Aug. 8, 2019, and is awaiting trial.
The FBI and Navajo Nation Police Department investigated this case. Assistant U.S. Attorney Nicholas Marshall prosecuted the case.
Santa Fe man pleads guilty to possession of firearms stolen from the Bureau of Indian AffairsRead the Press Release
ALBUQUERQUE, N.M. – Derek Padilla, 29, of Santa Fe, New Mexico, pleaded guilty in federal court in Albuquerque on Oct. 16 to a charge of possession of stolen firearms.
According to the plea agreement and other court records, Padilla committed the offense in Santa Fe County on or about May 20, 2020. Padilla stole firearms, drug evidence, Meals Ready-to-Eat, and a utility truck, from the Bureau of Indian Affairs. Padilla stole the property from a Bureau of Indian Affairs complex located on Nambe Pueblo.
Padilla faces up to 10 years in prison and will remain in custody pending sentencing.
The Bureau of Indian Affairs and the Federal Protective Service investigated this case with assistance from the Pojoaque Police Department, the New Mexico State Police, and the Santa Fe County Sheriff’s Department. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Navajo man charged in stabbing in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Jamieson C. Mason, 28, of Upper Fruitland, New Mexico, and an enrolled member of the Navajo Nation, waived his preliminary hearing in federal court today on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. Mason will remain in custody pending trial.
According to a criminal complaint, on Oct. 8, Mason allegedly was present at a residence for a birthday party, remaining mostly outside while others were inside preparing food. Mason allegedly entered the residence, approached the victim, who was sitting on a couch, pushed her torso forward and stabbed her in the back multiple times. Mason then reportedly fled the home.
The assault took place on the Navajo Nation. The victim, who is also an enrolled member of the Navajo Nation, required treatment for her wounds at San Juan Regional Medical Center.
If convicted, he faces up to 10 years in prison for each charge. A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty
The Farmington Office of the FBI and the Navajo Police Department investigated this case. Assistant U.S. Attorney Alexander F. Flores is prosecuting the case.
Man sentenced to 21 months in prison for impersonating a Border Patrol agentRead the Press Release
ALBUQUERQUE, N.M. – James Christopher Benvie, 45, was sentenced to 21 months in prison in Las Cruces on Oct. 15 on two counts of false personification of a Border Patrol agent.
A federal jury previously returned a guilty verdict towards Benvie on March 3. According to public court records and evidence at trial, Benvie was a leader and spokesperson for a group of vigilantes who established a “camp” at the Southwest border in Doña Ana County, New Mexico. Many members of the group wore badges, camouflage and other military-style clothing, often covered their faces with masks, and carried pistols and assault rifles. Benvie misrepresented himself as a Border Patrol Agent when stopping immigrants he suspected of crossing into the United States illegally.
The evidence at trial showed Benvie and other group members stopped six women and children from El Salvador on April 15, 2019, without any legitimate law enforcement authority. Benvie misrepresented himself as a Border Patrol agent and interrogated the immigrants before turning them over to actual Border Patrol agents. On April 17, 2019, Benvie stopped four adults and three children shortly after they crossed the border. Benvie ordered these immigrants to “stop” while misrepresenting himself as “Border Patrol.” Benvie later directed these immigrants to move toward the truck of another member of the group for further interrogation before eventually turning them over to Border Patrol.
Upon his release from Prison, Benvie will be subject to one year of supervised release.
The FBI and U.S. Border Patrol investigated this case. Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting the case.
Mexican citizen sentenced to six years for smuggling firearms out of the United StatesRead the Press Release
ALBUQUERQUE, N.M. – Genovevo Alvarez-Ronquillo, 55, of Las Cruces, New Mexico, was sentenced to six and a half years in prison on Oct. 13 for fraudulently purchasing firearms in the United States and smuggling them to Mexico for resale. In December 2019, a federal jury returned a guilty verdict against Alvarez-Ronquillo, a citizen of Mexico with legal residence in the United States.
On March 6, 2019, the owner of a Las Cruces pawnshop alerted agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that Alvarez-Ronquillo recently had purchased multiple firearms. Records showed that Alvarez-Ronquillo crossed the border near the dates of those transactions. Records recovered from two pawnshops in Las Cruces revealed that Alvarez-Ronquillo had purchased 33 firearms between June 21, 2018, and Feb. 26, 2019.
On March 18, 2019, agents learned that Alvarez-Ronquillo had purchased nine more firearms, but had to wait for background approval before taking possession. On March 22, Alvarez-Ronquillo returned to the business to collect the firearms. Agents arrived to question Alvarez-Ronquillo and arrested him later that day.
Upon completion of his prison sentence, Alvarez-Ronquillo will be subject to two years of supervised release. However, the court has recommended that Immigration and Customs Enforcement begin removal proceedings during the service of his sentence.
The ATF investigated this case in conjunction with Homeland Security Investigations. Assistant U.S. Attorneys Ry Ellison and Maria Armijo prosecuted the case.
Navajo man pleads guilty to voluntary manslaughter for shooting death in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Joshua Gutierrez, 22, an enrolled member of the Navajo Nation of New Mexico, pleaded guilty in federal court in Albuquerque today to voluntary manslaughter and discharging a firearm during and in relation to a crime of violence in Indian Country.
According to his admission in the plea agreement, on March 29, 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. When, according to Gutierrez, the man swung at him, 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 on the Navajo Nation.
Gutierrez is currently in custody pending sentencing. He faces 12 years in prison under the terms of the plea agreement.
The Albuquerque office of the FBI investigated this case with assistance from Navajo Nation police and the Navajo Nation Criminal Investigations unit. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Previously convicted Albuquerque man charged with firearms possession under Operation LegendRead the Press Release
ALBUQUERQUE, N.M. – Robert Maestas, 48, of Albuquerque, appeared in federal court on Oct. 7 for a detention hearing. Maestas is charged with being a felon in possession of a firearm and ammunition and will remain in custody pending trial.
According to a criminal complaint, on Sept. 3, after Maestas reportedly shot at the home of his former girlfriend, a search of his residence and vehicle revealed that Maestas allegedly was in possession of a pistol and ammunition. As a previously convicted felon, Maestas cannot legally possess a firearm or ammunition.
If convicted, Maestas faces up to 10 years in prison. An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department investigated this case. Assistant U.S. Attorney Presiliano Torres is prosecuting the case.
Carlsbad man sentenced to five years on gun and drug chargesRead the Press Release
ALBUQUERQUE, N.M. – Kristopher Wade Parker, 36, of Carlsbad, New Mexico, was sentenced on Oct. 14 in federal court to five-and-a-half years in prison for possession with intent to distribute fentanyl and possession of a firearm in the furtherance of a drug trafficking crime.
Parker pleaded guilty on Oct. 25, 2019. In the plea agreement, Parker admitted that on May 13, 2019, he possessed approximately 279 pills, or 30.911 grams, of fentanyl with the intent to distribute the drug to others in exchange for money. Parker also admitted that he possessed a .40 caliber handgun in furtherance of his drug trafficking activities.
Upon release from prison, Parker will serve three years of supervised release.
Agents from the Pecos Valley Drug Task Force investigated this case in conjunction with Drug Enforcement Administration agents. Assistant U.S. Attorney Bradley H. Bartlett prosecuted this case.
Shiprock man charged with murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Simeon Atcitty, 38, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court on Sept. 29 for a detention hearing. A federal grand jury indicted Atcitty Sept. 10 on a charge of second degree murder in Indian Country. Atcitty will remain in custody pending trial.
According to the indictment, on or about June 19, Atcitty allegedly killed a victim, identified in court records as John Doe, in San Juan County, New Mexico.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The FBI Farmington Resident Agency investigated this case. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
Navajo man pleads guilty in federal court to abusive sexual contact in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Lyle Woody Begay, 34, pleaded guilty today in federal court in Albuquerque to abusive sexual contact in Indian Country.
According to the plea agreement, Begay sexually abused the child on or about Feb. 23, 2004, through Dec. 31, 2011, in San Juan County, New Mexico, within the exterior boundaries of the Navajo Nation Indian Reservation. Begay, an enrolled member of the Navajo Nation, admitted in a plea agreement to causing intentional and unlawful sexual contact with a minor under the age of twelve with the intent to abuse, humiliate, harass, degrade, arouse or gratify sexual desire.
Begay is currently in custody awaiting sentencing. He faces 10 to 15 years in prison under the terms of his plea agreement. Begay also must register as a sex offender upon his release from prison.
The Gallup office of the FBI and the Navajo Nation Criminal Investigations unit investigated this case. Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback are prosecuting the case.
Mescalero man pleads guilty to assault with a dangerous weaponRead the Press Release
ALBUQUERQUE, N.M. – Samuel Joseph Chee, 26, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, pleaded guilty in federal court on Oct. 8 to a charge of assault with a dangerous weapon.
In the plea agreement, Chee admitted that in January 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 a 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.
By the terms of the plea agreement, Chee faces 18 months in prison in addition to five months he served in Mescalero tribal custody for the same offense. 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 is prosecuting the case.
U.S. Attorney John C. Anderson announces $399,499 to help Pueblo of Acoma track sex offenders and protect young athletesRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney John C. Anderson today announced an award of $399,499 in Department of Justice grants to develop and improve systems to register and track sex offenders in Pueblo of Acoma. Awarded by the Department’s Office of Justice Programs, these grants help states, U.S. territories and tribal communities register and track sex offenders and enable them to meet the requirements of the Sex Offender Registration and Notification Act (SORNA). Funds also help maintain the Dru Sjodin National Sex Offender Public Website.
“One of the most important resources to keep our communities safe is information,” said Anderson. “It is vital that we are able to update and coordinate information so that it is easy to access and use. I am very pleased to have this award coming to the Pueblo of Acoma to help enhance public safety here in the District of New Mexico.”
“Citizens are better protected from sexual violence when jurisdictions follow SORNA’s standards,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is committed to giving state, territory and tribal officials the resources they need to register and track sex offenders and prevent known threats in one community from posing new dangers to others.”
OJP’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART Office) is awarding approximately $16 million to jurisdictions across the country to develop and enhance programs designed to implement the provisions of SORNA. The SMART Office is awarding almost $800,000 to provide training and technical assistance to jurisdictions implementing SORNA standards. The U.S. Center for SafeSport will receive the $2.3 million Keep Young Athletes Safe grant to continue developing a comprehensive training and prevention program to prevent abuse in the athletic programs of the U.S. Olympic & Paralympic Committee and related sports organizations. The SMART Office will award nearly $1 million to the Institute for Intergovernmental Research to support maintenance, operations and technological improvements for the Dru Sjodin National Sex Offender Public Website, NSOPW.gov, which links state, territorial and tribal public registry websites and allows the public to search for registered sex offenders on a national scale.
“Our mission at the SMART Office is to help our state, tribal and territorial partners register and provide notification to the public of sex offenders within their jurisdictions,” said Kendel Ehrlich, Director of the SMART Office. “We will continue to provide both law enforcement and the public with the tools they need to better inform and protect their communities and themselves.”
More information about OJP and its components can be found at www.ojp.gov.
Member of Pueblo of Jemez faces charges of sexual abuse of a minorRead the Press Release
ALBUQUERQUE, N.M. – Edward Ray Loretto, 39, an enrolled member of the Pueblo of Jemez, made an initial appearance in court on Oct. 1 pursuant to a two-count federal indictment charging one count of aggravated sexual abuse and one count of sexual abuse of a minor.
According to the indictment, on July 27, 2020, Loretto allegedly forcibly sexually assaulted the victim, who was then between 12 and 16 years of age. According to a criminal complaint filed prior to the grand jury’s indictment, the assault took place at the victim’s home on the Pueblo of Jemez after Loretto and another individual provided alcohol to the victim.
A federal arrest warrant was issued for Loretto on Aug. 17. The University of New Mexico Police Department arrested Loretto on Sept. 24, and the FBI subsequently took custody.
An indictment is only an accusation. A defendant is considered innocent unless and until proven guilty. If convicted, Loretto faces a minimum of 30 years and up to life in prison.
The FBI and the Pueblo of Jemez Police Department investigated this case. Assistant U.S. Jennifer M. Rozzoni is prosecuting the case.
Member of Navajo Nation charged with second degree murder in Indian country and obstruction of justiceRead the Press Release
ALBUQUERQUE, N.M. – Anthony Frazier, Jr., 28, of Ramah, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court in Las Cruces, New Mexico, on Oct. 2 for an initial appearance on an indictment charging him with second-degree murder in Indian Country and obstruction of justice.
According to the indictment, on March 27, 2018, Frazier allegedly killed a man and tampered with evidence at the man’s residence to impede a potential federal grand jury investigation following law enforcement’s investigation into the murder. The events allegedly took place within the exterior boundaries of the Ramah Navajo Reservation.
Frazier was arrested on unrelated state charges in California and transported back to the District of New Mexico. He is currently in custody pending trial. Frazier faces up to life in prison if convicted of the charged offenses.
Indictments are only allegations. A defendant is presumed innocent unless and until proven guilty.
The Gallup office of the FBI investigated this case with assistance from the Ramah Navajo Police Department. Assistant U.S. Attorney David P. Cowen is prosecuting the case.
Man from Iyanbito, New Mexico, pleads guilty to assaulting a federal officerRead the Press Release
ALBUQUERQUE, N.M. – Jarvis Myiah Delgarito, 21, of Iyanbito, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on Sept. 29 to an information charging him with assault upon a federal officer.
According to court records, Delgarito admitted that late in the evening of Feb. 12, he was arrested on the charge of driving while intoxicated and taken to the Isleta Police Department booking room for processing. While there, he became upset and head-butted a Special Law Enforcement Commissioned officer. He also kicked the officer’s calf several times. As a result of the altercation, the officer suffered bruising on her face, scratches on her hands and a contusion on her head. The attack took place within the exterior boundaries of the Pueblo of Isleta in Bernalillo County.
Delgarito is in custody pending sentencing, which has yet to be scheduled. He faces a maximum of eight years in prison.
The Isleta Pueblo Police Department investigated this case. Assistant U.S. Attorney Jennifer Rozzoni is prosecuting the case.
Albuquerque man in court for drug and firearm charges under Operation LegendRead the Press Release
ALBUQUERQUE, N.M. – Toby Randall Walker, 36, appeared in federal court in Albuquerque on Oct. 1 on multiple drug and firearm charges brought under the Department of Justice’s Operation Legend.
According to a criminal complaint, on Sept. 29, agents from the Drug Enforcement Administration encountered Walker and located 1,490 grams of methamphetamine, 53.7 grams of fentanyl and 67 grams of heroin in his vehicle. Agents also located a total of four firearms.
Walker is charged with possession with intent to distribute 500 grams and more of a mixture and substance containing methamphetamine, possession with intent to distribute 40 grams and more of fentanyl, possession with intent to distribute heroin and possession of a firearm in furtherance of drug trafficking. If convicted, Walker faces not less than 10 years and up to life in prison, plus a mandatory five-year consecutive term on the firearm charge.
A criminal complaint is only an accusation. A defendant is considered innocent unless and until proven guilty.
The DEA and the Albuquerque Police Department investigated this case as part of the Department of Justice’s Operation Legend, a coordinated federal and local law enforcement initiative to fight gun and dangerous crime. Assistant U.S. Attorney Sarah Howard is prosecuting the case.
U.S. Attorney John C. Anderson announces $680,391 to support offenders returning to communities in Bernalillo County, New MexicoRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson today announced $680,391 in Department of Justice grants to reduce recidivism among adults and juvenile offenders returning to their communities in Bernalillo County, New Mexico, after confinement. The grants, awarded by the Department’s Office of Justice Programs (OJP), are part of more than $92 million in funding to support reentry efforts throughout the United States.
Bernalillo County will receive these funds under the Office of Juvenile Justice and Delinquency Prevention’s Second Chance Act Addressing the Needs of Incarcerated Parents with Minor Children Program, which supports the successful and safe transition of young fathers and mothers from confinement to their families and communities.
“The goal of rehabilitation is that, once a person has served a sentence, he or she will return to society as a productive and law abiding citizen,” said Anderson. “For individuals with children, part of that means returning to the responsibilities of parenting. That includes not only providing for a family, but playing an integral role in the development of their children, leading to better outcomes generationally for families and communities. This grant funds services to help parents reach those objectives.”
“Former offenders are ultimately responsible for their own successes and failures, but our criminal and juvenile justice systems have an important role to play in preparing them for the obstacles that lie before them,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “I’m very pleased to make these resources available to help them get back on their feet and contribute to the prosperity of their communities and the betterment of our nation.”
The reentry and recidivism reduction grants awarded will help communities develop and implement comprehensive strategies to address the challenges posed by reentry and recidivism; support reentry services for detained juveniles and incarcerated parents with children under the age of 18; and support research and evaluation programs to advance understanding about reoffending.
More information about OJP and its components can be found at www.ojp.gov.
This year marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years
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Albuquerque man sentenced to prison on federal drug and firearm chargesRead the Press Release
ALBUQUERQUE, N.M. – Selmonio Davis, 44, of Albuquerque, was sentenced in federal court in Albuquerque on Sept. 25 to nine years in prison for possessing methamphetamine with intent to distribute, being a felon in possession of a firearm and ammunition and possessing a firearm in furtherance of a drug trafficking crime.
Davis pleaded guilty to these offenses on June 11. In the plea agreement, Davis admitted to illegally selling methamphetamine and heroin in five separate transactions from March 13, 2019, through May 30, 2019. A search warrant executed at Davis’ apartment following those transactions revealed his possession of methamphetamine, heroin, cocaine, and materials and drug paraphernalia used in the preparation for distribution of these narcotics. A Glock Model 26 semiautomatic handgun and ammunition was also located near the drugs.
Following his release from prison, Davis will serve three years of supervised release.
The Albuquerque office of the FBI along with the New Mexico State Police investigated this case. Assistant U.S. Attorney David P. Cowen prosecuted the case.
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Washington man pleads guilty to transporting a minor for sexRead the Press Release
ALBUQUERQUE, N.M. – Raheshi De Angelo Horace, 37, of Tacoma, Washington, pleaded guilty in federal court on Sept. 22 to a charge of transportation of a minor with intent to engage in criminal sexual activity. Horace remains in custody pending a sentencing hearing.
According to a criminal complaint, on March 6, Horace was sexually abusing an eight-year old victim when the victim’s mother entered the room and caught him. The mother immediately removed Horace from the residence and called 911. Horace met the mother in Tacoma, Washington, in 2016 before moving with the mother and her children to Arizona and later to New Mexico. In the plea agreement, Horace admitted to transporting the victim to New Mexico with the intent to engage in sexual activity.
By the terms of the plea agreement, Horace faces 20 years in prison followed by supervised release for life.
Homeland Security Investigations and the Hidalgo County Sheriff’s Office investigated this case. Assistant U.S. Attorney Marisa A. Ong is prosecuting the case.
SNM gang member pleads guilty to federal racketeering chargeRead the Press Release
ALBUQUERQUE, N.M. – Jonathan “Baby G” Gomez, a member of the Syndicato de Nuevo Mexico prison gang, pleaded guilty on Sept. 25 to a racketeer influenced and corrupt organization (RICO) indictment.
The indictment, to which Gomez pleaded guilty, details various acts and communications since 2002 in which Gomez participated in relation to his membership in the organization. As described in the indictment, those communications discussed gang business, including illicit activities, and coordinated acts of violence, some of which were facilitated, directed or ordered by Gomez.
Gomez faces 15 to 20 years in prison. The court has not set a date for the sentencing hearing.
The FBI and the New Mexico Department of Corrections investigated this case. The Las Cruces office of the U.S. Attorney’s Office for the District of New Mexico is prosecuting the case.
Las Cruces man sentenced to 16 years for kidnapping and gun chargesRead the Press Release
ALBUQUERQUE, N.M. – Samuel Chavez, 61, of Las Cruces, New Mexico, was sentenced in federal court today to 16 years and eight months in prison for kidnapping and firearms charges. Chavez pleaded guilty on Nov. 18, 2019.
According to public court records, on Oct. 18, 2017, Chavez arrived at the home of his first victim, from whom he demanded $250,000 at gunpoint. When the victim was unable to pay, Chavez tied the victim and forced him to call his grandson to lure him to the home. When the second victim arrived, Chavez knocked him unconscious, tied him, and demanded money at gunpoint when the victim regained consciousness.
Chavez then left the residence to make contact with a third victim and, again, demanded money. Chavez tied the third victim, but she was able to escape and called the police.
At the time Chavez committed the crimes, he was in possession of ammunition, a pistol with an obliterated serial number, an unregistered silencer, and an unregistered bulletproof vest. It is a federal crime to possess a firearm with an obliterated serial number or an unregistered silencer, and, as a previously convicted felon, Chavez could not legally possess a firearm, ammunition or body armor.
In addition to his term in prison, Chavez will be subject to five years of supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. Assistant U.S. Attorney Maria Y. Armijo prosecuted the case.
Hatch man pleads guilty to hostage takingRead the Press Release
ALBUQUERQUE – Mario Balcazar, 23, of Hatch, New Mexico, pleaded guilty in federal court on Sept. 24 to a charge of hostage taking. Balcazar remains in custody pending a sentencing hearing.
According to the plea agreement, on or about May 9, Balcazar picked up an illegal alien on the United States side of the United-States-Mexico border and drove her to his residence in Doña Ana County, New Mexico. Balcazar then detained the victim until her family paid him $1,500.
Balcazar faces up to life in prison and a five-year mandatory term of supervised release of supervised release.
Homeland Security Investigations and the U.S. Border Patrol investigated this case. Assistant U.S. Attorneys Rachel Feuerhammer, Luis A. Martinez, and Nicole Hammond are prosecuting the case.
Española man sentenced to 30 years for sexually abusing a child in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Kevin Vigil, 54, of Española, New Mexico, was sentenced to 30 years in prison on Sept. 22 for sexually abusing a six-year-old child.
A federal jury in Santa Fe, New Mexico, returned a guilty verdict against Vigil on Aug. 23, 2019, following a five-day trial before U.S. District Judge Martha Vazquez.
The minor victim and the victim’s parents had been visiting Vigil at his home within the exterior boundaries of Ohkay Owingeh tribal lands on the evening of February 3, 2018, and spent the night there. In the early hours of February 4, Vigil assaulted the victim as she lay between Vigil and her mother. The mother immediately confronted Vigil, left his house, sought medical attention for the victim, and reported the abuse to law enforcement.
A Sexual Assault Nurse Examiner (SANE) exam showed that the victim’s injuries were “fresh” and that those injuries were consistent with penetration or attempted penetration. The victim had to be sedated because she was in so much pain. As part of the SANE exam, DNA evidence was collected from the victim as well as from Vigil. An analysis of that evidence revealed presence of Vigil’s DNA on the victim and on her underwear from the night of the offense.
This case was investigated by the Santa Fe office of the FBI. The case was prosecuted by Assistant U.S. Attorneys Kyle Nayback and Allison Jaros.
Member of Navajo Nation pleads guilty to aggravated sexual abuse in Indian CountryRead the Press Release
ALBUQUERQUE – Derrick Mason, 24, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on Sept. 21 to an indictment charging him with aggravated sexual abuse, assault resulting in serious bodily injury, and aggravated burglary in Indian Country.
A grand jury previously returned an indictment against Mason on Jan. 10, 2019.
According to the plea agreement, Mason acknowledged that on the evening of Oct. 16, 2015, he went to the victim’s house in Nenahnezad, New Mexico, and turned off the circuit breakers, an electrical service box located outside of her home. When the victim stepped outside to check on the circuit breakers, Mason used the opportunity to enter her house, where he hid until she fell asleep. At about 1:00 a.m., Mason went to the victim’s bed, dragged her to the side of the bed, and sexually assaulted her twice. He punched the victim in the face several times and strangled her until she lost consciousness. As a result of Mason’s attack, the victim suffered serious bodily injury. The attack took place within the exterior boundaries of the Navajo Nation in San Juan County.
Mason is in custody, pending sentencing, which has yet to be scheduled. By the terms of the plea agreement, he faces 17 years in prison.
The Farmington office of the FBI, the Navajo Nation Criminal Investigations unit, and the Navajo Nation Police Department investigated this case. Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting the case.