District of New Mexico

ALBUQUERQUE, N.M. – Louis Richard Montoya, 31, of Angel Fire, New Mexico, appeared in court today for a detention hearing on charges of possession with intent to distribute cocaine. Montoya will remain detained pending trial.

            According to a federal criminal complaint, Montoya allegedly possessed approximately 6.6 kilograms of cocaine when he was stopped at a U.S. Border Patrol checkpoint west of Alamogordo, New Mexico. If convicted, Montoya faces 10 years to life in prison.

            A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty.

            The U.S. Border Patrol investigated this case. Assistant U.S. Attorney Clara Cobos is prosecuting the case.

ALBUQUERQUE, N.M. – Maroquez Clah, 28, of Red Valley, Arizona, and an enrolled member of the Navajo Nation, pleaded guilty September 21 to an indictment charging him with involuntary manslaughter.

           Clah was arrested on Feb. 14 on an indictment charging him with involuntary manslaughter. During his plea hearing, Clah pleaded guilty to an indictment charging that he killed a victim, referenced in the indictment as John Doe, by driving carelessly, in willful disregard for the safety of others and likely to endanger a person or property, and under the influence of alcohol.  He faces up to eight years in federal prison, followed by a term of supervised release to be determined by the court.

           Clah remains on release pending sentencing. The court has not yet set a date for the sentencing hearing.

           The FBI and the Navajo Division of Public Safety investigated this case. Assistant United States Attorney Novaline D. Wilson is prosecuting the case.

ALBUQUERQUE, N.M. – Following a two-day trial, a federal jury in Albuquerque returned a guilty verdict on Sept. 22 against Quentin Veneno, Jr., 34, of Dulce, New Mexico, an enrolled member of the Jicarilla Apache Nation, on two counts of Domestic Assault by a Habitual Offender and one count of Assault Resulting in Serious Bodily Injury. United States District Judge Kea W. Riggs presided.

           On Aug. 22, 2018, and again on Nov. 2, 2018, Veneno physically abused the victim, whom he was dating at the time, at her residence within the exterior boundaries of the Jicarilla Apache Indian Nation Reservation. Veneno broke nine of the victim’s ribs and caused a collapsed lung and bruising over her body.

           Police records showed that Veneno had previously assaulted the victim, and Veneno’s tribal criminal history includes two prior convictions of domestic violence in 2009 and 2013.

           Veneno was arrested on November 21, 2018, and remains in custody pending sentencing, which has yet to be scheduled. He faces a maximum of 25 years in prison.

           The Farmington office of the FBI and the Jicarilla Apache Police Department investigated this case. Assistant U.S. Attorneys David Cowen and Kyle Nayback are prosecuting the case.

ALBUQUERQUE, N.M. – Jose Gamboa, 38, of Albuquerque made an appearance Sept. 18 in federal court, charged with being a felon in possession of a firearm and ammunition. A detention hearing is scheduled for Sept. 22.

            According to a criminal complaint, on Aug. 5, Gamboa allegedly possessed firearm and ammunition while driving in Albuquerque. Gamboa allegedly purchased the gun illegally “on the streets” for $450 knowing he could not lawfully possess it because of prior convictions. Gamboa was convicted in 2008 for importation of marijuana.

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

            The FBI Violent Crime Task Force and the Bernalillo County Sheriff’s Office 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 David M. Walsh is prosecuting the case.

The Department of Justice today filed a statement of interest in a New Mexico federal court asserting that the State's COVID-19 rules limiting private schools to operating at 25% of capacity but allowing public schools to operate at 50% of capacity violate the Equal Protection Clause of the United States Constitution. The brief, filed in the U.S. District Court in Albuquerque, explains that the Supreme Court has recognized parents’ educational choices for their children as a fundamental right under the Constitution, and that New Mexico has no grounds for abridging that right in adopting stricter rules for private schools than for public schools.

“Parents have a fundamental right under the United States Constitution, without interference from the government, to select the school for their children of their choice, whether a public school, a parochial school, or a non-religious private school,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “New Mexico’s response to COVID-19 has infringed that right by adopting one rule for public schools and another for private schools, resulting in private schools remaining closed for in-person instruction, without justification. There is no pandemic exception to the Constitution and New Mexico’s differential standards for private and public schools cannot stand.”

"I respect Governor Lujan Grisham’s good faith efforts to manage the COVID-19 pandemic and protect the health of New Mexicans,” said John Anderson, U.S. Attorney for the District of New Mexico. “But COVID-related restrictions must be applied and implemented equally and impartially, and that simply did not happen here. There is no good reason to penalize students just because they choose to attend a private school.”

In response to the COVID-19 pandemic, New Mexico has issued various orders imposing limitations on a range of activities to reduce disease transmission. Public schools are permitted to operate at 50% of capacity, and day care centers can operate at 100% of capacity with social distancing and hygiene measures in place. Private schools, however, are limited to 25% capacity, regardless of social distancing and hygiene measures adopted.

Douglas Peterson, who sends his daughter to Albuquerque Academy, a private school, filed a federal lawsuit against state officials on his and his daughter’s behalf after the school determined that it could not open for live instruction of its students with the 25% capacity limit, although it could accommodate all of its currently enrolled students if allowed to operate at 50% capacity. On Sep. 11, 2020, they moved for an injunction mandating equal treatment.

The United States' brief explains that nearly 100 years ago, the Supreme Court held that parents’ decision whether to send their children to public or private school is part of parents’ fundamental right to direct the upbringing of their children. As such, under the Equal Protection Clause, the government has the burden to show that any differential treatment that abridges that right, even in part, must be supported by a compelling government interest, pursued through the means that are no more restrictive on that right than necessary. New Mexico has not done so here, the brief argues.

ALBUQUERQUE, N.M. – Jordan Wright, 31, of Albuquerque made an appearance on Sept. 18 in federal court where she was charged with possession of methamphetamine with intent to distribute and possession of a firearm in relation to a drug trafficking crime. A detention hearing is scheduled for Sept. 22.

            According to a criminal complaint, on Aug. 19, Wright allegedly coordinated arrangements by cellphone calls and text messages to sell two ounces of methamphetamine. She also allegedly provided her backpack and a handgun as collateral during the transaction. At the time of her arrest, she allegedly possessed two baggies containing methamphetamine

            A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty.

            The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. Assistant U.S. Attorney Samuel A. Hurtado 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.

ALBUQUERQUE, N.M. –John C. Anderson, U.S. Attorney for the District of New Mexico, announced that the Laguna Pueblo will receive a $450,000 grant through the Office of Violence Against Women (OVW) to hire or retain a tribal prosecutor designated as a Special Assistant United States Attorney (SAUSA).

 “This is an exciting opportunity to implement a creative approach to addressing domestic violence in tribal communities,” said Anderson. “Domestic violence is unbound by demographics and affects families and communities across New Mexico and the United States. I’m pleased to partner with the Office of Violence Against Women and the Laguna Pueblo in this initiative to facilitate prosecution of domestic violence and other crimes with special consideration for jurisdictional areas in Indian country.”

Through this special initiative, OVW and the Bureau of Justice Assistance (BJA) are partnering with United States Attorneys’ Offices (USAOs) and the Executive Office of United States Attorneys (EOUSA) to support tribes and USAOs in their investigation and prosecution of Indian country criminal cases. Tribes will receive funds to work with their USAO partner (and other tribes in their federal judicial district, as appropriate) to hire or retain a mutually agreed upon tribal prosecutor to be designated as SAUSA. The Tribe and the USAO will appoint the Tribal SAUSA to a three-year fellowship position divided between the USAO and the tribal prosecutor’s office, and the SAUSA will be trained as a federal prosecutor.

The cross-designated prosecutor will maintain an active caseload, while also helping to promote higher-quality investigations and better inter-governmental communication. The SAUSA must focus at least 50 percent of their full-time position on prosecuting cases involving domestic violence, dating violence, sexual assault, and stalking. The remaining 50 percent of the SAUSA’s position can be dedicated to the same or any other types of criminal cases that the tribe and USAO agree are a priority for this position.

October is Domestic Violence Awareness Month. For more information from the Department of Justice relating to domestic violence, visit:

https://www.justice.gov/ovw/domestic-violence

For more information about this grant, contact the Outreach and Communications Division Office at OVW at (202) 307-6026.

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ALBUQUERQUE – Ryan Kee Jones, 25, of Yatahey, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court on September 16, 2020, on a criminal complaint charging him with aggravated sexual abuse of a minor in Indian Country.

            According to the criminal complaint, during the spring of 2018, Jones sexually assaulted a minor, who was approximately 12-years old at the time. Over the next several months, according to the complaint, he allegedly sexually assaulted her multiple times. The abuse took place in Yatahey, New Mexico, in McKinley County, within the exterior boundaries of the Navajo Nation.

            Jones was arrested on Sept. 15. He is currently in custody pending a preliminary and detention hearing. Jones faces a mandatory minimum of 30 years’ imprisonment if convicted of the charged offense. 

            Criminal complaints 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 Navajo Nation Police Department. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Jerry Twaddle, 40, of Carlsbad, New Mexico, was sentenced on Sept. 9 in federal court to 20 years in prison on drug trafficking charges.

            On Feb. 6, 2019, a jury found Twaddle guilty on charges of conspiracy to distribute a controlled substance, using a communication facility (telephone) to further the commission of a drug trafficking crime and possession with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine.

            The case involved 10 members of a drug trafficking organization who conspired to distribute methamphetamine in Eddy and Chaves Counties in New Mexico from May through Oct. of 2017. On Sept. 7, 2017, Twaddle was arrested after he threw approximately two pounds of methamphetamine out of the window of a car as he attempted to evade a traffic stop, reaching speeds of up 140 miles per hour. Twaddle was apprehended when his vehicle came to a stop due to a shredded tire. Law enforcement were able to recover the bundles of methamphetamine along the route.

            Following his term in federal prison, Twaddle will be subject to five years of supervised release.

            The Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, and Firearms and the Pecos Valley Drug Task Force investigated this case in conjunction with the Eddy County Sheriff’s Office. Assistant U.S. Attorneys Clara Cobos and Renee Camacho prosecuted the case.

# # #

ALBUQUERQUE, N.M. – Robert Benjamin Nelson, 28, of Scottsdale, Arizona, made an initial appearance in federal court today on charges of attempted murder of a federal officer and discharging a firearm during a crime of violence.

            According to a criminal complaint, during a law enforcement stop on Sept. 12, Nelson allegedly fired through the passenger-side window of his vehicle at a uniformed New Mexico State Police Officer working as part of a federal task force, causing injuries to her hands, face and eyes. He then allegedly fled the scene, but was pursued and stopped again by the officer, and was apprehended with the assistance of two Laguna police officers.

            Nelson also faces a penalty of 10 years to life in prison for the charge of discharging a firearm during a crime of violence and up to 20 years for attempted murder of a federal officer. A criminal complaint is only an accusation. A defendant is considered innocent unless and until proven guilty.

            The FBI investigated this case in conjunction with the New Mexico State Police and the Albuquerque Multiagency Officer Involved Shooting Team. Assistant U.S. Attorneys Paul Mysliwiec and Jack Burkhead are prosecuting the case.

# # #

ALBUQUERQUE, N.M. – Jose Armijo, 36, of Albuquerque made an appearance in federal court today facing two counts of robbery by threats and violence. Armijo remains in custody.

            According to a criminal complaint, on Dec. 30, 2018, Armijo allegedly entered a retail store with several accomplices and began placing high-value items into backpacks and laundry bags. As Armijo and his accomplices approached the store exit, Armijo allegedly brandished a firearm to threaten the store manager and security guard and left the store with stolen merchandise.

            On July 16, according to the complaint, Armijo and two accomplices allegedly entered another retail store and began collecting a large amount of merchandise. Armijo allegedly became verbally aggressive to a store employee at the same time his accomplices were leaving the store with stolen items. As Armijo attempted to leave the store with several items, including the cellular phone of a second store employee, he allegedly assaulted and threatened to shoot the first employee, who sustained injuries during the incident.

            If convicted, Armijo faces up to 20 years in prison and a fine of up to $250,000 for each count. A criminal complaint is only an accusation.  A defendant is presumed innocent unless and until proven guilty.

            The FBI and the Albuquerque Police Department investigated this case. Assistant U.S. Attorney Nicholas Mote 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.

# # #

            ALBUQUERQUE, N.M. –Turab Lookman, 68, of Santa Fe, New Mexico, was sentenced on Sept. 11 to five years of probation and a $75,000 fine for providing a false statement to the Department of Energy.  Lookman is not allowed to leave New Mexico for the term of his probation.

            On June 6, 2018, Lookman, then an employee at Los Alamos National Laboratory, falsely denied to a counterintelligence officer that he had been recruited or applied for a job with the Thousand Talents Program, established by the Chinese government to recruit individuals with access to or knowledge of foreign technology and intellectual property.  Lookman pleaded guilty to the charge in January.

            "The safeguarding of research conducted at our national laboratories is critical to the security of the United States," said John C. Anderson, U.S. Attorney for the District of New Mexico. "I commend the work of the FBI in identifying this defendant and investigating this case. The message here is clear: if you work with foreign interests to jeopardize our national security, the Department of Justice will find you and you will be prosecuted."

            The FBI investigated this case. Assistant U.S. Attorneys George Kraehe and Jon Stanford prosecuted the case.

# # #

ALBUQUERQUE, N.M. – U.S. Attorney John C. Anderson from the District of New Mexico announced that Lovington Municipal Schools received $500,000 from the Department of Justice’s Office of Community Oriented Policing Services (COPS Office) School Violence Prevention Program (SVPP). Nationally, the COPS Office SVPP awarded nearly $50 million in school safety funding. SVPP provides up to 75% funding for school safety measures in and around primary and secondary schools and school grounds.

           “We are excited by the news of these much needed funds coming to New Mexico to help provide a more secure environment for students when they return to classes,” said, U.S. Attorney Anderson. “The U.S. Attorney’s Office congratulates the schools receiving these grants to enhance one of our most important priorities: student safety.”

           “With the new school year underway, the safety of our nation’s students remains paramount,” said COPS Office Director Phil Keith.  “Although this school year may look different at the start, now is the ideal time to make preparations to enhance school safety for when all of our children are back in the classroom.”   

           The Students, Teachers, and Officers Preventing School Violence Act of 2018 (STOP School Violence Act of 2018) gave the COPS Office authority to provide awards directly to states, units of local government, Indian tribes, and public agencies (such as school districts and law enforcement agencies) to improve security at schools and on school grounds in the jurisdiction of the grantee through evidence-based school safety programs.  The 160 awards announced today can be used for coordination with law enforcement; training for local law enforcement officers to prevent student violence; metal detectors, locks, lighting, and other deterrent measures; technology for expedited notification of local law enforcement during an emergency; and other measures that provide a significant improvement in security.  The full list of SVPP awards can be found here: https://cops.usdoj.gov/pdf/2020AwardDocs/svpp/Award_List.pdf.

            In addition to the school safety grants announced today, the COPS Office School Safety Working Group, which is composed of representatives from eight national law enforcement organizations, has identified 10 essential actions that can be taken by schools, school districts, and law enforcement agencies to help prevent critical incidents involving the loss of life or injuries in our nation's schools and to respond rapidly and effectively when incidents do occur. The Ten Essential Actions to Improve School Safety are applicable to school shootings as well as to other areas of school safety, including natural disasters and traumatic events such as student suicide. Adopting policies and practices based on the recommendations in this publication can help make school communities safer and save lives.

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           The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide.  Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 134,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance.      

           The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

ALBUQUERQUE, N.M. – Guillermo Medel, 38, of Albuquerque made an appearance in federal court today on charges of being a felon in possession of a firearm and ammunition and assaulting and resisting a federal officer. Medel will remain in custody pending trial.

            According to a federal criminal complaint, on Aug. 25, Medel allegedly assaulted a federal agent while attempting to avoid arrest. At the time of the arrest, Medel allegedly possessed a firearm. Medel previously was convicted of possession of a machine gun and being a felon in possession of a firearm and ammunition. As a previously convicted felon, Medel cannot legally possess a firearm or ammunition.

            If convicted, Medel faces up to eight years in prison for assaulting and resisting a federal officer and up to 10 years for being a felon in possession of a firearm.

            A criminal complaint is only an accusation.  A defendant is presumed innocent unless and until proven guilty.

            The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case in conjunction with the U.S. Marshals Service and the Albuquerque Police Department. Assistant U.S. Attorney Sarah J. Mease is prosecuting the case as part of Operation Legend, a Department of Justice initiative to assist cities with persistently high crime rates.  Operation Legend is a sustained and coordinated law enforcement initiative in which the U.S. Attorney’s Office and federal law enforcement agencies work with state and local law enforcement to prosecute gun and dangerous crimes arising in the City of Albuquerque.

ALBUQUERQUE, N.M. – Eric Martinez, 33, of Mentmore, New Mexico, was sentenced on Aug. 27 in federal court in Albuquerque to 27 months in prison for residential burglary.

            On Feb. 19, 2016, Martinez broke into the victims’ home in McKinley County, New Mexico, within the exterior boundaries of the Navajo Nation. Martinez entered the home and stole an array of personal items worth more than $60,000. Martinez also possessed a dangerous weapon while committing the crimes.

            Martinez, an enrolled member of the Navajo Nation, must also serve a one-year term of supervised release after completing his sentence.

            The Navajo Nation Police Department and the Navajo Nation Division of Public Safety-Criminal Investigations services investigated this case.  Assistant U.S. Attorney David P. Cowen prosecuted the case.

ALBUQUERQUE, N.M. – Steve Wayne Barton, 63, of Farmington, New Mexico, appeared in federal court in Albuquerque on Sept. 4 on charges of making repeated threats against President Donald Trump and presidential candidate Joe Biden.

            According to a federal criminal complaint, Barton allegedly posted several threatening messages on Facebook from April 19 through Aug. 19.  These messages threatened the two major presidential candidates and other elected officials.

            Barton is charged with one count each of threatening the president and threatening a major candidate for the office of president.  He is currently out of custody awaiting trial.  If convicted, Barton faces up to five years in prison for each count. 

            A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty.

            The U.S. Secret Service investigated this case. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.

ALBUQUERQUE, N.M. – The Department of Justice today announced a grant award of $570,000 to Community Against Violence, Incorporated (CAV) of Taos New Mexico to provide transitional housing services to survivors of domestic violence. 

            “As we approach Domestic Violence Awareness Month, this is welcome news for northern New Mexico,” said John C. Anderson, United States Attorney for the District of New Mexico. “The work of organizations such as Community Against Violence is critical in the network of support for victims of violence, and a key component of that work is assisting survivors with transitional housing. The flexibility of these Department of Justice funds is important as they may be utilized for other support services survivors need to transition to safer lives for themselves and their children.”

            The Transitional Housing Assistance Grants for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program (Transitional Housing Program) assists victims who are homeless or in need of housing assistance and for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. The program support a comprehensive approach to providing transitional housing and support services that move individuals into permanent housing and help them secure employment.

            CAV is a non-profit organization located in Taos, New Mexico, a rural region of the state. Through the grant, CAV will provide 20 scattered-site residences for 20 survivors and their families in private housing units. CAV will collaborate with its five partners - the Protective Services Division of the Children Youth and Families Department, Rio Grande Alcohol Treatment Program, Taos Pueblo, Taos County: Inside/Out Recovery, and the Heart of Taos - to provide a victim-centered and multidisciplinary approach to transitional housing needs in the community.

            The range of optional support services under this project include rental and utility assistance, case management, safety planning, childcare, transportation, career counseling, financial and credit counseling, support groups, individual counseling, job training, education attainment and housing advocacy.

            For more information about CAV, visit their website at https://taoscav.org/.

            For more information about this grant, contact the Office on Violence Against Women at (202) 307-6026 and ask for the Outreach and Communications Division.

ALBUQUERQUE, N.M. - On July 8, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City. 

           The operation was expanded to Albuquerque on July 22. Since the operation’s expansion through Monday, Aug. 31, 35 defendants have been charged with federal crimes. Among the charges brought under Operation Legend in Albuquerque to date are:

                -8 defendants charged with conspiracy to distribute controlled substances

                -9 defendants charged with distribution of controlled substances

                -16 defendants charged with possession with intent to distribute a controlled substance

                -10 defendants charged with being in possession of a firearm in furtherance of drug trafficking

                -19 defendants charged with being a felon in possession of a firearm

                -4 defendants charged with being in possession of a stolen firearm

                -5 defendants charged with Hobbs Act violations

                -1 defendant charged with carjacking

                -1 defendant charged with re-entry of a removed alien

                -2 defendants charged with brandishing of a firearm in furtherance of a violent crime

                -1 defendant charged with discharging a firearm in furtherance of a violent crime

                -1 defendant charged with brandishing a firearm in furtherance of a violent crime

                -1 defendant charged with maintaining a drug-involved premises

           “The goal of Operation Legend in Albuquerque is to achieve a sustained reduction in gun and other dangerous crimes,” said John C. Anderson, U.S. Attorney for the District of New Mexico. “By coordinating federal resources with state and local law enforcement, we’ve been able to identify, apprehend and prosecute individuals driving dangerous crime in the city. We can see from the charges brought under Operation Legend that we have been effective in meeting our objectives and we intend to continue this trend. I want to express my appreciation to our partnering agencies for their exceptional efforts to achieve our successes to date.”

ALBUQUERQUE, N.M. – Robert Jasso, 23, of Las Cruces, New Mexico, appeared in federal court on Aug. 25 for a detention hearing on charges of attempted coercion and enticement of a minor child, attempted production of child pornography and attempted solicitation of child pornography. Jasso will remain in custody pending trial, which has not been scheduled at this time.

            According to a federal criminal complaint, on July 18 Jasso allegedly used the social networking application Skout to contact what he thought was a 13-year-old girl. The complaint alleges, Jasso then attempted to entice the person he thought was a minor to travel to him to engage in sexual activity. Jasso later allegedly asked the person he thought was a minor to recruit another minor to engage in sexual activity with the two of them. Jasso allegedly requested that the person he thought was a minor send him sexually explicit photographs that would constitute child pornography.

            After additional conversations, according to the complaint, on Aug. 14 Jasso travelled to a location near Sonoma Elementary School in Doña Ana County, New Mexico, where he expected to meet two 13-year-old girls to engage in sexual activity and was arrested.

            A criminal complaint is only an accusation.  A defendant is presumed innocent unless and until proven guilty. If convicted, Jasso faces 5 to 20 years in prison for attempted solicitation of child pornography, 15 to 30 years for attempted production of child pornography and 10 years to life for attempted coercion and enticement of a minor child.

            The FBI investigated this case.  Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.

ALBUQUERQUE, N.M. – Ismael Valdez, 37, of Las Cruces, New Mexico, pleaded guilty in federal court in Las Cruces on Aug. 27 to attempted enticement of a minor.

            In the plea agreement, Valdez admitted to committing the offenses between April 29 and May 29 of this year.  According to a criminal complaint, Valdez allegedly sent a sexually explicit video to an undercover law enforcement officer posing as a 13-year-old girl on a social networking application.  Valdez also asked the person he thought was a child to send sexually explicit material of herself to him.  Valdez arranged to meet the person he believed was a child to have sex and traveled from his home in Las Cruces to the meeting location where law enforcement agents arrested him.

            Valdez is currently in custody awaiting sentencing, which has not been scheduled at this time.  The plea agreement calls for a 12-year prison sentence.

            FBI investigated this case.  Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.

ALBUQUERQUE, N.M. – A federal judge sentenced Chase Smothermon, 32, of Albuquerque, New Mexico, to 45 years in prison for abducting and assaulting two men, one of whom was tortured, killed, and mutilated. Smothermon suspected the victims of stealing drugs and money from his home.

            On Jan. 24, Smothermon pleaded guilty in federal court in Santa Fe, New Mexico. An indictment charged Smothermon, and two other residents of Albuquerque, Mariah Ferry, 22, and Jose Torrez, 48, with kidnapping, kidnapping resulting in death, and conspiracy to kidnap. 

            Smothermon, Ferry, Torrez and other co-conspirators plotted to retaliate against two victims they believed had stolen marijuana from Smothermon’s home, where he resided with Ferry.  On Aug. 8, 2017, Torrez alerted Smothermon that the first victim, identified in records as J.S., was present at Torrez’s home.  Ferry drove Smothermon to Torrez’s home where they brutally beat J.S. with a baseball bat and the butt of a gun.

            Smothermon and his companions then put J.S. in the trunk of Ferry’s car and bound his hands, ankles and mouth with tape.  Ferry and Smothermon drove J.S. to another home, where he died shortly after arriving. Ferry and Smothermon then mutilated J.S.’s body in a shed.

            Later the same day, Smothermon contacted the second victim, identified in records as M.T., under a ruse that Smothermon wanted to buy marijuana from him.  When M.T. arrived at Smothermon’s home, Smothermon, Ferry and others bound, gagged and assaulted him for hours. After several hours, two other people took M.T. to another location where they held him overnight before eventually releasing him.  On Aug. 9, 2017, Ferry drove Smothermon and another person to a rural area where they buried J.S.’s body in a shallow grave.

            “Mr. Smothermon’s guilty plea and lengthy sentencing in this case are an example of how drug trafficking leads to violence,” said DEA Special Agent in Charge Kyle W. Williamson. “DEA will continue to work closely with its law enforcement partners to investigate drug trafficking and associated violent crime in order to bring to justice those who threaten the safety of our communities.”

            Ferry pleaded guilty on Feb. 13 to kidnapping and conspiracy to kidnap. On June 26, the court sentenced her to 30 years in prison followed by 5 years of supervised release. On Feb. 13, Torres pleaded guilty to conspiracy to kidnap and faces 14 years in prison.         

            The Drug Enforcement Administration and the Federal Bureau of Investigation investigated this case with assistance from the Albuquerque Police Department and Second Judicial District Attorney’s Office.  The Narcotics section of the U.S. Attorney’s Office prosecuted the case.

ALBUQUERQUE, N.M.  – Mark Anthony Hill, 32, an enrolled member of the Navajo Nation residing in of Smith Lake, New Mexico, appeared in federal court in Albuquerque today on a criminal complaint charging him with assault with a dangerous weapon and assault resulting in serious bodily injury in Indian Country.  A U.S. magistrate judge ordered him held in custody pending trial. 

           According to the complaint, Hill committed the alleged assault on Aug. 23 in McKinley County, New Mexico.  Hill allegedly got into an argument with his brother while drinking alcohol.  Hill allegedly struck the victim with his fists and knocked him to the ground.  Hill then allegedly retrieved a baseball bat and struck the victim in the head and torso causing serious injuries, including fractures to the victim’s skull and jaw, a dislocated shoulder and a torn left ear.   

           The Navajo Nation Department of Criminal Investigations arrested Hill on Aug. 26.  If convicted, Hill faces up to ten years in prison on each assault charge.  A criminal complaint is only an accusation.  A defendant is presumed innocent unless and until proven guilty. 

           The Crownpoint District of the Navajo Nation Police Department investigated the case. Assistant U.S. Attorney Thomas J. Aliberti is prosecuting the case.

ALBUQUERQUE, N.M. – Christopher Bryant, 46, of Ruidoso, New Mexico made an initial appearance in federal court in Las Cruces, New Mexico yesterday on charges of transportation of child pornography.

            According to a criminal complaint, Bryant committed these offenses between Aug. 13 and Aug. 17 in Lincoln County, New Mexico.  He alleged found child pornography on the internet and took screenshots of three images of children engaged in sexually explicit conduct.  Bryant, who is a detective for the Ruidoso Police Department, allegedly sent the images to himself by email.      

Bryant is currently in custody and will return to court Tuesday, Sept. 1 for preliminary and detention hearings.  A criminal complaint is only an accusation. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

            The FBI investigated this case with the support of the Ruidoso Police Department. Assistant U.S. Attorneys Matilda McCarthy Villalobos and Dustin Segovia are prosecuting the case.

ALBUQUERQUE, N.M. – Patrick Duran, 31, of Dulce, New Mexico, pleaded guilty on Aug. 19 in federal court in Albuquerque to assaulting an infant in Indian Country resulting in serious bodily injury.

            According to his plea agreement and other public court records, Duran assaulted the child on or about Sept. 28, 2014, on the Jicarilla Apache Indian Reservation in Rio Arriba County, New Mexico.  Duran lost his temper while babysitting.  He picked the baby up from its crib and bit the baby on the arm.  The baby’s mother later returned home to find her child unresponsive with both eyes looking in the same direction.  She called an ambulance to take the baby to a hospital in Farmington where doctors ordered the baby flown to Albuquerque for further treatment for serious internal injuries, including bleeding to the brain and eyes, and seizures.  The baby is eligible to register with the Jicarilla Apache Nation because both of the child’s parents are members.  Duran is a non-Indian.

            Duran is out of custody awaiting sentencing on Nov.30. He faces up to seven years in prison under the terms of his plea agreement.  .

            The Farmington office of the Federal Bureau of Investigation and the Jicarilla Apache Police Department investigated this case.  Assistant U.S. Attorneys Kyle Nayback and Nicholas Marshall are prosecuting the case.

ALBUQUERQUE, N.M. – Daniel Logan Mock, 34, of Albuquerque, New Mexico was sentenced in federal court in Albuquerque on Aug. 27 to 14 months on two counts of transmission of threatening communications in interstate commerce.

            Mock previously pleaded guilty to this offense on May 13. According to his plea agreement, Mock admitted to committing these offenses in Bernalillo County, New Mexico on March 2 and March 13.  Mock posted messages on Facebook threatening to kill Governor Michelle Lujan Grisham of New Mexico, law enforcement officers, and other government officials. 

            Mock must also serve a two-year supervised release term after completing his sentence.

            The FBI investigated this case with the U.S. Marshals Service, the New Mexico State Police, and the Albuquerque Police Department.  Assistant U.S. Attorney Jaymie L. Roybal prosecuted the case.

ALBUQUERQUE, N.M. – Christian Barron, 32, and Rosa Briones, 29, both U.S. citizens, have been charged in a criminal complaint with conspiracy to transport illegal aliens. The defendants made an initial appearance in federal court on Aug. 21 and a bond hearing Aug. 24.

            According to the complaint, on August 12, 2020, agents from Santa Teresa Border Patrol Station patrolling New Mexico Highway 9 observed a sedan leaving an area near the exact location where other agents had just discovered multiple individuals entering the United States illegally. While conducted an immigration stop, agents discovered that the driver, along with his passenger, had picked up eight individuals who had just entered the country. One person was concealed in the trunk of the car with no water or ventilation, wearing a thermal hoodie as temperatures reached 104 degrees.

            With the exceptions of Barron and Briones, everyone in the car was determined to be in the country illegally.

            A criminal complaint is only an accusation.  Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.  If convicted, Barron and Briones face up to 10 years in prison.

            This case was investigated by the U.S. Border Patrol. Assistant U.S. Attorney Matthew Ramirez is prosecuting the case.

ALBUQUERQUE, N.M. – Jawad Khalaf, 72, of Albuquerque, New Mexico, Nashat Khalaf, 73, of Gallup, New Mexico, Sterling Islands, Inc., a wholesale jewelry business in Albuquerque, and Al-Zuni Global Jewelry, Inc., a wholesale jewelry business in Gallup, were sentenced in federal court in Albuquerque yesterday. In April, the defendants pled guilty to misrepresentation of Indian-produced goods and services in an amount greater than $1000 as part of a scheme to import Native American-style jewelry from the Philippines and sell it to customers in the United States as authentic.  Another defendant, Taha Shawar, 49, of Breckenridge, Colorado, remains a fugitive.

            Jawad Khalaf and Nash Khalaf were sentenced to 2 years’ supervised release and Jawad Khalaf must also perform 100 hours of community service. Sterling Islands Inc. was sentenced to 5 years’ probation and 50 hours community service, while Al-Zuni Global Jewelers, Inc. was sentenced to 5 years’ probation and 20 hours community service. Collectively, the defendants will pay $300,000 to the Indian Arts and Crafts Board and forfeit their interests in $288,738.94 seized by investigators in the case.

            A grand jury returned an indictment on Dec. 19, 2018, charging these defendants and three other people with conspiracy, smuggling goods into the United States and misrepresentation of Indian-produced goods and products. The defendants admitted that on Oct. 28, 2015, they displayed and offered for sale miniature canteens at Al-Zuni Global Jewelry in Gallup.  These canteens were not actually Indian-produced but could have reasonably been mistaken for authentic Indian-produced canteens.

            “I want to express my appreciation for the hard work of the investigators and prosecutors who brought this case to conclusion,’ said John C. Anderson, U.S. Attorney for the District of New Mexico. “It is the culmination of countless hours of diligent work and cooperation among our partnering law enforcement agencies on behalf of Native American artists and artisans. We stand ready to bring the power of the law to bear upon those seeking to profit from cultural theft.”

            “This U.S. Fish and Wildlife Service-led investigation uncovered a transnational criminal scheme that defrauded U.S. consumers and Native American artists,” said Assistant Director of the Office of Law Enforcement Edward Grace. “I would like to thank our special agents for their exemplar investigative work as well as our state and federal partners, who because of their collaboration and dedication to duty, these defendants were sentenced yesterday.”

            “The Land of Enchantment’s identity and economy relies heavily on Indian art and culture,” said Meridith Stanton, Director of the Indian Arts and Crafts Board (IACB), U.S. Department of the Interior. The IACB by statute is responsible for enforcement of the Indian Arts and Crafts Act, which includes criminal penalties for marketing counterfeit Indian art and craftwork, to protect the economic livelihoods of Indian artists and artisans.

            “Consumers must have confidence that the ‘Indian art’ they are purchasing in New Mexico is authentic, and not imported from factories in the Philippines,” said Director Stanton.  “At the same time, Indian artists and economies must be protected from unfair competition from counterfeit Indian art. Robust Indian Arts and Crafts Act enforcement ensures that Indian artistic traditions can be passed down from one generation to the next to preserve an important American treasure – authentic Indian art. The Board commends our colleagues at the Office of the U.S. Attorney for the District of New Mexico and the U.S. Fish and Wildlife Service’s Office of Law Enforcement for their extraordinary dedication, diligence, and commitment in working with us to combat the sale of counterfeit Indian art.”

            “The FBI hopes this case sends a loud and clear message that those who try to cheat Native Americans of their cultural heritage will be held accountable,” said James C. Langenberg, Special Agent in Charge of the FBI’s Albuquerque Field Office. “We will continue working closely with our partners to make sure our nation’s precious artistic resources are protected.”

            “These individuals conspired to exploit the rich culture and work of Indian artisans for their personal gain by selling counterfeit merchandise and passing it as genuine Indian art and craftwork,” said Erik P. Breitzke, acting Special Agent in Charge of Homeland Security Investigations (HIS) El Paso. “This sentence sends a powerful message to others who believe they can do the same and elude justice. HSI will continue to cooperate with our law enforcement partners to assist in protecting and preserving Native American cultural heritage.” 

            “Yesterday’s sentencing marks a turning point in this case and provides some closure to those who were victimized by this unfair practice,” said Sonya K. Chavez, U.S. Marshal for the District of New Mexico. “This collaboration affirms law enforcement’s commitment to pursuing those who believe they can get away with fraud against our state and our unique cultural resources.”

            “The Department of Game and Fish is proud to have been an integral part of this multi-jurisdictional prosecution,” said New Mexico Department of Game and Fish director Michael Sloane. “We take pride in both conserving wildlife and protecting the diverse cultures of New Mexico. We congratulate our partners on a job well done.”

            The Office of Law Enforcement for the Southwest Region of the U.S. Fish and Wildlife Service led the investigation of this case with assistance from the Albuquerque Division of the FBI, Homeland Security Investigations, the Indian Arts and Crafts Board, the Drug Enforcement Administration, the U.S. Marshals Service, and the New Mexico Department of Game and Fish.  Assistant U.S. Attorneys Jonathon M. Gerson, Sean J. Sullivan, Kristopher N. Houghton, and Stephen R. Kotz prosecuted the case.

            ALBUQUERQUE, N.M. – Isaias Magana, 41, a convicted sex offender from El Salvador, has been charged with illegally reentering the United States. Magana made an initial appearance in court on Aug.14, and at a hearing on Aug. 18 was ordered to be detained pending trial.

            According to a criminal complaint, shortly after midnight on August 13, U.S. Border Patrol Agents allegedly discovered Magana and two other individuals attempting to conceal themselves in the desert brush. A record check revealed that Magana had a criminal history including an aggravated felony conviction for sexual offenses in Utah, and that he subsequently had been deported to El Salvador from the United States through Phoenix, Arizona, in April 2019.

            Under federal law, as alien who previously has been arrested and convicted of an aggravated felony and subsequently deported from the United States may not lawfully reenter the country without consent to apply for admission.

            A criminal complaint is only an accusation.  Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.  If convicted, Magana faces up to 20 years in prison.

            This case was investigated by the U.S. Border Patrol. Assistant U.S. Attorney Matthew Ramirez is prosecuting the case.

ALBUQUERQUE – Harrington Alonzo, 34, of Pinehill, N.M., was sentenced Monday in federal court to 10 years of custody. In January, Alonzo pled guilty to charges of assault with a dangerous weapon in Indian Country, using and carrying a firearm during and in relation to a crime of violence, and possessing and discharging said firearm in furtherance of such crime.

              According to Alonzo’s plea agreement, he committed this crime in Cibola County on April 24, 2019.  Alonzo unlawfully assaulted a Navajo Nation police officer by shooting at the officer with a semiautomatic handgun.  The officer was responding to a domestic dispute between Alonzo and his girlfriend.  Alonzo is an enrolled member of the Navajo Nation where this crime occurred.

             The case was investigated by the Gallup office of the Federal Bureau of Investigation with assistance from the Ramah Navajo Police Department and the Navajo Nation Police Department.  Assistant U.S. Attorney Novaline D. Wilson prosecuted the case.

Albuquerque, N.M. – Eduardo “Lalo” Aguilar, 31, of Albuquerque, New Mexico, made an initial appearance on gun charges in federal court on August 20 before a detention hearing yesterday, at which the Court concluded that the he must be detained pending trial. Aguilar has been charged with being a felon in possession of a firearm and ammunition.

            Agents with the Federal Bureau of Investigation’s Violent Crime Task Force (VCTF), working in conjunction with investigators from the Bernalillo County District Attorney’s Office, arrested Aguilar on August 13. According to a criminal complaint, while executing a warrant to search Aguilar’s apartment, investigators from the VCTF and the District Attorney’s Office located a loaded firearm, which, as felon, Aguilar cannot legally possess.

           A criminal complaint is only an accusation.  Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.  If convicted as a felon in possession of a firearm and ammunition, he faces up to 10 years in prison.

            The case is being investigated by the FBI VCTF and the District Attorney’s Office, and prosecuted by Assistant U.S. Attorney Letitia Simms as part of Operation Legend, a Department of Justice initiative to assist cities with persistently high crime rates.  Operation Legend is a sustained and coordinated law enforcement initiative in which the U.S. Attorney’s Office and federal law enforcement agencies work with state and local law enforcement to prosecute gun and dangerous crimes arising in the City of Albuquerque.

ALBUQUERQUE, N.M. – Elias Bencomo-Morales, 42, of Albuquerque, New Mexico, made an initial appearance in federal court on Friday, August 21, and has been charged federally with carjacking for allegedly using a gun to force a woman and her two minor children out of their vehicle in a Taco Bell drive-thru lane. At a hearing today, the Court ordered that he will remain detained for trial.

           A federal indictment and complaint charge Bencomo-Morales also with using, carrying and brandishing a firearm during and in relation to a crime of violence.  The Albuquerque Police Department arrested Bencomo-Morales, who was transferred to the Federal Bureau of Investigation Violent Crime Task Force to face federal charges on August 19, 2020.

           Bencomo-Morales is accused of approaching a vehicle waiting in the Taco Bell drive-thru lane in southwest Albuquerque on September 17, 2019.  He allegedly pulled on the driver's-side door handle before the driver and her two children, 5 and 1 year old, got out of the vehicle at gunpoint. Bencomo-Morales allegedly drove away in the vehicle. The following day, Albuquerque police pulled the SUV over because the license plate was registered to a different vehicle, and Bencomo-Morales was taken into custody.

           A criminal complaint or indictment is only an accusation.  A defendants is presumed innocent unless and until proven guilty beyond a reasonable doubt.

           The case was investigated by the FBI Violent Crime Task Force and the Albuquerque Police Department. Assistant U.S. Attorney Timothy Trembley is prosecuting the case.

ALBUQUERQUE – Randall Farnham, 35, of Gallup, New Mexico, was sentenced on August 18, 2020 in federal court in Albuquerque to 120 months in prison for assault resulting in serious bodily injury of a child under the age of 18 in Indian Country. Upon release from prison, Farnham also will be subject to five years of supervised release.

            Farnham pled guilty to this offense on March 3, 2020.  Farnham assaulted his two-month old son, ultimately causing life threatening injuries and long-term disabilities. In his plea agreement, he admitted committing the crime within the exterior boundaries of the Navaho Reservation, Indian Country, in McKinley County, New Mexico, on June 24, 2011. 

            The case was investigated by the Gallup Residency office of the Federal Bureau of Investigation with assistance from the Navajo Nation Police Department.  Assistant U.S. Attorney Elisa Dimas prosecuted the case.

# # #

Kansas City, MO – At a press conference in Kansas City, Missouri, today, Attorney General William P. Barr and U.S. Attorney John Anderson announced updates on Operation Legend.

The Attorney General launched the operation on July 8, 2020, as a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to address persistently high rates of crimes in cities like Albuquerque. The initiative is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City. 

To date, 16 defendants in Albuquerque have been charged with federal crimes under Operation Legend, Those crimes include charges for felon in possession of a firearm, possession of a stolen firearm, carjacking, violations of the Hobbs Act, and possession of a firearm in furtherance of drug trafficking. Other drug trafficking charges include distribution of a controlled substance, conspiracy to distribute a controlled substance, and possession with intent to distribute a controlled substance.

“It has been clear from the persistently high violent crime rate that Albuquerque needed assistance, and Operation Legend is providing just that,” said John Anderson, U.S. Attorney for the District of New Mexico, who joined the Attorney General in Kansas City for the event. “The operation is off to a promising start, as we are already prosecuting cases under this initiative. Operation Legend was developed and implemented to address gun and dangerous crime, and is not intended to police any type of assembly, protest, or other First Amendment activity. We’ve held that promise and our record bears that out.

“I remain grateful to the Attorney General for his commitment to this effort,” said Anderson. “I also appreciate the hard work of law enforcement involved in the operation. The successes we’ve experienced so far are a testament to the coordination and cooperation of our partnering agencies.”

Launched first in Kansas City, on July 8, 2020, the operation was expanded to Chicago and Albuquerque on July 22, 2020, to Cleveland, Detroit, and Milwaukee on July 29, 2020, to St. Louis and Memphis on August 6, 2020, and to Indianapolis on August 14, 2020.

# # #

Albuquerque, N.M. – On Thursday, August 6, agents with the Federal Bureau of Investigation’s Violent Crime Task Force (VCTF) arrested David Martinez and Jean Madrid, both of Albuquerque.

            In July 2020, the VCTF conducted a controlled buy of methamphetamine from Martinez at his residence, leading to a federal search warrant for the premises. According to the criminal complaint, the defendants allegedly possessed four guns as well as methamphetamine, marijuana, and approximately $5,133 in U.S. currency at the residence when law enforcement agents executed the search warrant.

            Martinez and Madrid are charged with conspiracy to distribute controlled substances, possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime.  If convicted, the first two charges carry penalties of up to 20 years. The penalty for possession of a firearm in furtherance of a drug trafficking crime is 5 years to life.  Martinez is also being charged as a previously convicted felon in possession of a firearm, for which the penalty is up to 10 years.  In 2005, Martinez pleaded guilty to the felony offenses of possession with intent to distribute 5 grams and more of cocaine base and carrying and possessing a firearm in relation to and in furtherance of a drug trafficking crime.

            A criminal complaint is only an accusation.  Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.

            The case is being investigated by the FBI’s Violent Crime Task Force and the Bernalillo County Sheriff’s Office, and prosecuted by Assistant U.S. Attorney Louis Mattei as part of Operation Legend, a Department of Justice initiative to assist cities with persistently high crime rates.  Operation Legend is a sustained and coordinated law enforcement initiative in which the U.S. Attorney’s Office and federal law enforcement agencies work with state and local law enforcement to prosecute gun and dangerous crimes arising in the City of Albuquerque.

# # #

DOÑA ANA COUNTY, N.M. – On Friday, August 7, Border Patrol agents apprehended Luis Arias-Yanez, 54, a previously deported felon residing illegally in Anthony, New Mexico.

            According to the criminal complaint, Arias-Yanez, a citizen of Mexico, was deported via Del Rio, Texas, on June 21, 2016, subsequent to a conviction for voluntary manslaughter in 1990. Border patrol agents had received information about Arias-Yanez living in New Mexico. It was determined that Arias-Yanez had no authorization to be or remain in the United States and there is no evidence that he has received permission from the appropriate authority to reapply for admission to the United States.

            Under federal law, an alien who previously has been arrested and convicted of a felony and subsequently deported from the United States may not lawfully re-enter the country without the consent of the appropriate authority of the United States to apply for admission.

A criminal complaint is only an accusation.  Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, Arias-Yanez faces up to 20 years in prison.

            This case was investigated by the U.S. Border Patrol in coordination with the Doña Ana County Sheriff’s Department. Assistant U.S. Attorney Christopher S. McNair is prosecuting the case.

# # #

            ALBUQUERQUE, N.M. –Yvon Loretto, of Nambe Pueblo, New Mexico, pleaded guilty in federal court in Albuquerque, New Mexico, on August 11th to abusive sexual contact in Indian Country.

            According to Loretto’s plea agreement, he sexually abused the minor victim between October 1, 2016, and October 31, 2016, in Rio Arriba County, New Mexico, within the boundaries of the Nambe Pueblo Reservation. Loretto, an enrolled member of Nambe Pueblo, admitted in a plea agreement to causing intentional and unlawful sexual contact with a minor under the age of twelve with the intent to gratify Loretto’s sexual desires.

            Loretto is currently in custody awaiting sentencing.  He faces from 60 to 180 months in prison under the terms of his plea agreement.  Additionally, should the court accept the plea agreement, Loretto will have to register as a sex offender upon his release from prison.

            The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case.

# # #

ALBUQUERQUE – Manuel Chavira, 25, was charged on August 3, 2020 in a recently-unsealed federal criminal complaint.  Chavira was charged with both carjacking and discharging a firearm during and in relation to a crime of violence. 

The Federal Bureau of Investigation is investigating this case with the New Mexico State Police and other agencies that form the FBI’s Violent Crime Task Force.  Assistant U.S. Attorney Eva Fontanez is prosecuting the case as part of Operation Legend, a new Department of Justice initiative to assist cities with persistently high crime rates.  Operation Legend is a sustained and coordinated law enforcement initiative in which the U.S. Attorney’s Office and federal law enforcement agencies work with state and local law enforcement to prosecute gun and dangerous crimes arising in the City of Albuquerque.

According to the criminal complaint, on July 18, 2020, Chavira approached two female victims who were parked in their vehicle in the parking lot of a church at the San Jose De Armijo Cemetery in the South East area of Albuquerque.  Chavira initially asked if he could charge his phone in the vehicle. As the phone would not charge, he asked to borrow the driver’s phone, ostensibly to find a tow truck for his vehicle. She complied, and he used the phone to make a number of calls.

After the driver exited her vehicle to remove a sweater from her trunk, however, Chavira brandished a firearm and told her that he needed to take her vehicle.  The passenger protested, but the driver removed her keys from the ignition to give them to Chavira.  Chavira reportedly then racked the slide on the firearm, an indication that he had chambered a round of ammunition.  Chavira then pointed the firearm, shouting, “Do you want me to shoot her?  Do you want me to shoot her?”  Both victims fled, at which point they heard gunshots being fired. 

The victims described the firearm as black and possibly .22 or .25 caliber. The victims were able to identify Chavira from photos as the suspect. Chavira left the scene driving the victims’ blue 2019 Honda Civic SI. 

Chavira remains at large. The Federal Bureau of Investigation is seeking information to help ascertain his whereabouts and bring about his arrest. He is 5’10”, weighs between 150 and 194 lbs. and has brown hair and eyes. Chavira has a bullet wound scar on his nose. Chavira has the following tattoos: "Josefina" on his left arm; "C.V." on his right arm; "Ceci" in a heart on his chest; and three dots on his right wrist.

The FBI is offering a reward of up to $1000 for information leading to Chavira’s arrest. Persons with information regarding Chavira’s location should contact the FBI at https://www.fbi.gov/tips.

https://www.fbi.gov/wanted/additional/manuel-alejandro-chavira/download.pdf

Criminal complaints are only accusations.  Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.  If convicted, Chavira faces up to 15 years in prison for the carjacking offense and a consecutive sentence of 10 years to life in prison for the firearm offense. 

# # #

ALBUQUERQUE – Erich Deolax Riker, 44, of Portales, New Mexico, appeared in federal court Friday, August 7, for an arraignment on an indictment charging him with failure to register as a sex offender.

            According to the indictment and other court records, Riker, under the name of Jamie Lee Wood, was convicted of criminal sexual offenses in Minnesota. Under the Sex Offender Registration and Notification Act, those convictions require Riker to register as a sex offender.

            While living in Portales, New Mexico, Riker was arrested by the New Mexico State Police on November 13, 2019, in the course of an unrelated criminal investigation.  Subsequently, it was determined that Riker had failed to register as a sex offender between October 10, 2019, and November 13, 2019, in Roosevelt County in the State of New Mexico.

            Riker was transported to Eugene, Oregon, following his November arrest for violating his terms of supervised release related to a separate federal conviction for failure to register as a sex offender. Earlier this month, he was returned to New Mexico, where he will remain in custody pending his trial for the federal charge. The trial date has not yet been scheduled. Riker 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 Roswell office of the United States Marshal Service investigated this case with assistance from the New Mexico State Police.   Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.

# # #

ALBUQUERQUE –  Stephen Reano, 21, of Santo Domingo, New Mexico, and an enrolled member of Santo Domingo Pueblo, appeared in federal court on July 23, 2020, for an arraignment on an indictment charging him with two counts of assault on a federal officer with a deadly and dangerous weapon.

According to the indictment and other court records, on June 11, 2020, Bureau of Indian Affairs patrol officers responded to calls about an individual – later identified as Stephen Reano – armed with a firearm in Santo Domingo Pueblo. During the nighttime search, officers eventually located Reano, who was carrying a rifle. At various times during the encounter, Reano pointed his rifle at two officers and tracked them with his rifle while moving toward them. Following repeated directives to drop his weapon, Reano eventually was shot by one of the officers. He was transported and treated at University of New Mexico Hospital before being released and then arrested.

            Reano is in custody pending trial, which has yet to be scheduled.  He faces up to 20 years in prison if convicted of the charged offenses. 

            Indictments are only allegations.  A defendant is presumed innocent unless and until proven guilty.

            The case was investigated by the Albuquerque office of the Federal Bureau of Investigation.  Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.

# # #                                                                                                                                

Albuquerque, N.M. – Andrew Graham, 40, of Snowmass, Colorado, was sentenced Wednesday, August 5, to 15 months in federal prison for interstate communication of threats. In December, Graham pled guilty in federal court to sending communications threatening to kill an official with the New Mexico Regulation and Licensing Department as well as an attorney with a private law firm.

            Graham had originally sought help from the Department and the firm in recovering money taken from a trust fund, stolen by Paul Donisthorpe in the Desert State fraud case. As those recovery efforts met with limited success, Graham accused state officials and his private attorneys of being complicit in the loss of his funds. Subsequently, his communications with New Mexico officials and the law firm became more hostile and, eventually, threatening.

            On December 21, 2018, Graham sent an email to the Director of the Director of the Financial Services Division, stating in part, “If this continues I will come down there and start killing people… I will hunt you down and kill you if you continue to willingly participate in this fraud.”

            On January 2, 2019, Graham left a voicemail with the private law firm.  In that message, Graham used particularly graphic language threatening to kill an African-American attorney, to whom he repeatedly referred by a racial slur.

            While the defense requested a sentence involving no incarceration, the prosecution requested a prison sentence based on the graphic, violent nature of the threats and the fact that both victims were trying to help victims of the Desert State fraud recover their stolen money.

            In addition to 15 months in prison, Graham will also be subject to two years supervised release following his release from prison.

            This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Paul Mysliwiec prosecuted the case.

# # #

DOÑA ANA COUNTY, N.M. – On July 31, the U.S. Border Patrol arrested a Mexican national who had previously been deported subsequent to his conviction for multiple aggravated felonies.

            Manuel Aguerro-Alarcon was deported to Mexico through Laredo, Texas, after having been convicted on charges of conspiracy to kidnapping and robbery. Last Friday, however, Border Patrol agents encountered Aguerro-Alarcon in Doña Ana County.

            Under federal law, as alien who previously has been arrested and convicted of an aggravated felony and subsequently deported from the United States may not lawfully re-enter the country without the consent of the appropriate authority of the United States to apply for admission.

A criminal complaint is only an accusation.  Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.

            This case was investigated by the U.S. Border Patrol. Assistant U.S. Attorney Nicole Hammond is prosecuting the case.

# # #

ALBUQUERQUE – Troy Livingston, 20, an enrolled member of the Navajo Nation who resides in Bread Springs, New Mexico, pled guilty in federal court in Albuquerque yesterday to second degree murder in Indian Country.

            According to his plea agreement and other court records, Livingston beat Jane Doe, his girlfriend and the mother of his young child, with his hands, feet, and a metal flashlight, which inflicted severe injuries to her head, face and body.  Livingston admitted that he killed Jane Doe with malice aforethought and that he acted with callous and wanton disregard for human life. The murder took place at a residence located in McKinley County and within the exterior boundaries of the Navajo Nation.  

            Livingston is currently in custody awaiting sentencing.  He faces up to life in prison.

            The Federal Bureau of Investigation worked jointly with the Navajo Department of Criminal Investigations to investigate this case.  Assistant U.S. Attorneys David P. Cowen and Frederick T. Mendenhall are prosecuting the case.

# # #

Albuquerque, N.M. – Cornelius “Chip” Galloway, 37, of Albuquerque, New Mexico, was sentenced yesterday to 17 years in prison on federal sex trafficking charges.

            In March, Galloway pled guilty in federal court, admitting to participating in a sex trafficking ring in Bernalillo County from October 2016 to February 2017.  Galloway and other members of the ring operated a prostitution service in which they used force, threats, fraud and coercion to compel women to engage in sex for money.  Galloway admitted the members of the ring advertised prostitutes online, rented hotel rooms for prostitution and arranged appointments with clients by phone.  They did not allow the victims any say about hours, fees or locations, and forced them to turn over all the money they received from customers. 

            Co-defendant Danielle Galloway, to whom Cornelius Galloway was married during the time of their criminal acts, pled guilty on April 8, 2019 to conspiracy to commit sex trafficking.

           Co-defendant Marcus Taylor, 35, has pled guilty to conspiracy to commit sex trafficking, while Matthew Woods, 31, is in custody and scheduled for trial on August 10.  An indictment is only an accusation.  Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.

            This case was investigated by Homeland Security Investigations along with the Albuquerque Police Department.  Assistant U.S. Attorneys Letitia Carroll Simms and Jack E. Burkhead prosecuted the case.

# # #

ALBUQUERQUE, N.M. – Pasqual Francis Ortega, 35, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, New Mexico, was sentenced in federal court in Las Cruces, New Mexico, yesterday in a case involving sexual abuse of a minor. 

            Ortega was arrested on Aug. 14, 2019, on a criminal complaint charging him with sexual abuse of a minor, to which he pled guilty on November 25, 2019.  In entering the guilty plea, Ortega admitted that on July 6, 2019, when he was 34 years old, he knowingly engaged in a sexual act with a child who was 13 years old, and that he committed the crime on the Mescalero Apache Reservation.

Ortega has been sentenced to 41 months in prison with 5 years of supervised release. Ortega will be required to register as a sex offender. 

            This case was investigated by the Federal Bureau of Investigation’s Las Cruces Resident Agency with assistance from the Mescalero Agency of the Bureau of Indian Affairs’ Office of Justice Services. The Case was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

# # #

ALBUQUERQUE, N.M. – Carlos Trevon Morris, 44, of Albuquerque, New Mexico made an initial appearance in federal court in Albuquerque today on a criminal complaint charging him with felon in possession of a firearm.

            This case is being prosecuted as part of Operation Legend, a sustained and coordinated law enforcement initiative in which the U.S. Attorney’s Office and federal law enforcement agencies work with state and local law enforcement to prosecute gun and dangerous crimes arising in the City of Albuquerque.

            “This case exemplifies the goals and aims of Operation Legend: to make Albuquerque a safer place to live by reducing gun violence.” said John Anderson, U.S. Attorney for the District of New Mexico.

            As alleged in the criminal complaint, police officers responded to a call of shots fired at an apartment complex in Albuquerque. As officers approached the complex on foot, they saw Morris as he attempted to place what appeared to be an unconscious male into a vehicle. After shining their flashlights at Morris, officers noticed what appeared to be blood on his arms, shirt, and pants. Directly underneath Morris was the motionless body of the victim. The complaint further alleges that officers saw a bottle of bleach next to the vehicle. Police officers then commanded Morris to the ground and arrested him. The complaint further alleges that the police observed a blood trail from where the body and Morris were located and followed it all the way to an apartment walkway, where they discovered bullet casings and odors of bleach. Police officers also discovered a handgun in Morris’s left pant pocket. Morris was transported to a hospital for a gunshot wound on his right arm. Homicide detectives responded to the scene.

            Morris is currently in custody awaiting a detention hearing scheduled for July 31.  He faces up to 10 years in prison if convicted of the charged offense.  A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.

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

ALBUQERQUE, N.M. - U.S. Attorney John Anderson announced today the appointment of Denise Billy to serve as the Missing and Murdered Indigenous Persons (MMIP) Coordinator for the District of New Mexico.  Ms. Billy will be the first MMIP Coordinator under a new Department of Justice (DOJ) initiative.   

           As the MMIP coordinator, Ms. Billy will gather reliable data to identify MMIP cases connected to New Mexico’s 22 Tribal Nations.  She will also conduct outreach with tribal communities to assist in the creation and implementation of community action plans.  Her duties will further include coordinating with tribal, local, state and federal law enforcement to develop protocols and procedures for responding to and addressing MMIP cases. Ms. Billy will serve tribal communities and victims throughout New Mexico and will seek to improve data collection as well as assist our tribal partners and advocacy groups.

           “I am delighted that Ms. Billy is joining the U.S. Attorney’s Office as our first MMIP Coordinator,” said U.S. Attorney John C. Anderson.  “Ms. Billy served in many law enforcement capacities for years, which I believe will suit her well in this new position.  Developing national and local protocols to address the MMIP crisis is a priority for the Department of Justice and for the U.S. Attorney’s Office here in New Mexico.  I have every confidence that Ms. Billy will make valuable contributions to this effort.”

           “I am honored and delighted to be chosen to serve as the MMIP Coordinator for the District of New Mexico,” said Ms. Billy. “I look forward to continuing to serve tribal communities here in the heart of Indian Country. This issue is of utmost importance to me and to our Tribal Nations.”

           “We are sad that she will be leaving the department, as she has been a valuable asset throughout her work here, but she is ideally qualified for this opportunity,” said Chief Sylvester Stanley of the Isleta Police Department. “While she is leaving as an employee, we are pleased that she will still be assisting us on several issues from her new position. I am confident that she will be an outstanding addition to the Office of the U.S. Attorney.”

           Prior to joining the U.S. Attorney’s Office, Ms. Billy served as a Criminal Investigator for the Isleta Pueblo Department of Criminal Investigations.  She has also served the Navajo Nation as a Patrol Officer and a Criminal Investigator.  She has a bachelor’s degree from the University of Phoenix and is also working on a Master’s Degree in Law and Indigenous People’s Law from the University of Oklahoma.  Ms. Billy is a member of the Navajo Nation.

           On November 22, 2019, Attorney General William Barr launched a national strategy to address missing and murdered Native Americans. When establishing the MMIP Initiative, DOJ made an initial investment of $1.5 million to hire MMIP coordinators to serve with U.S. Attorneys’ Offices in 11 states, including New Mexico.

           The strategy also calls for the deployment of the FBI’s most advanced response capabilities when needed, improved data collection and analysis and training to support local response efforts.

WASHINGTON – Today, Attorney General William P. Barr joined President Donald J. Trump to announce the expansion of Operation Legend to Chicago and Albuquerque.  Operation Legend is a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime. The Operation was first launched on July 8 in Kansas City, Missouri, as a result of President Trump’s promise to assist America’s cities that are plagued by recent violence.

            Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City.  The first federal arrest under Operation Legend was announced on July 20.

            “The most basic responsibility of government is to protect the safety of our citizens,” said Attorney General Barr. “Today, we have extended Operation Legend to Chicago and Albuquerque to protect the residents of those cities from senseless acts of deadly violence by targeting those involved in gang activity and those who use guns to commit violent crime. For decades, the Department of Justice has achieved significant success when utilizing our anti-violent crime task forces and federal law enforcement agents to enforce federal law and assist American cities which are experiencing upticks in violent crime. The Department of Justice’s assets will supplement local law enforcement efforts, as we work together to take the shooters and chronic violent criminals off of our streets.”

             U.S. Attorney John C. Anderson added the following:

                       "We are grateful for today’s additional commitment of the President and the Attorney General to fighting violent crime in Albuquerque at a time when violent crime remains a plague on our streets. Too often in Albuquerque, violent crimes have left a tragic and lasting impact upon innocent families. Operation Legend reminds us of the human cost that comes from unchecked violence on our streets.

                       As an example of that human cost, the FBI has today announced a reward seeking information leading to the identification and arrest of the individual(s) responsible for  the homicide of Albuquerque resident Jacqueline Vigil. As most in our community are aware, Vigil was fatally shot in her driveway in Albuquerque on the morning of November 19, 2019, when she was headed to the gym. Vigil was 55 years old.

                      Our experience has proven that federal efforts can make a difference in Albuquerque.  For example, as reported in the local press in July 2019, a significant decline of the overall number of robberies the city of Albuquerque coincided with the increase in the United States Attorney’s Office’s prosecution of robberies under the federal Hobbs Act. 

                      I must also briefly address several mistaken reports concerning Operation Legend. The public should please not confuse or equate Operation Legend with the events unfolding in Portland, Oregan. Portland is not an Operation Legend City and Operation Legend was not conceived or announced in response to the events in Portland. Nor is Operation Legend directed at controlling protestors or about immigration enforcement. 

                      Operation Legend is instead about fighting violent crime.  As such, it is a direct augmentation of federal resources for the vital work that federal agents are already doing in Albuquerque in concentrating upon the most dangerous actors and groups in an effort to make the city where we all work and live a safer place."

           As part of Operation Legend, Attorney General Barr directed the FBI, U.S. Marshals Service, DEA and ATF to significantly increase resources into Chicago and Albuquerque in the coming weeks to help state and local officials fight high levels of violent crime, particularly gun violence. Chicago is currently experiencing a significant increase in violent crime, with homicides currently up 51% over 2019. Over the weekend of July 17, more than 60 people were shot in the city of Chicago, with 14 fatalities. Similarly, Albuquerque is currently on pace to break 2019’s record for homicides in the city. On the weekend of July 10, there were four murders in Albuquerque within a 24-hour period.

            In Albuquerque, the Department of Justice will supplement state and local law enforcement agencies by sending more than 25 federal investigators from the FBI, DEA, and ATF to the city.  In coordination with the United States Attorney’s Office, these federal investigators will work closely with the Albuquerque Police Department and the Bernalillo County Sheriff’s Department, along with other local partners, through pre-existing task forces directed at combatting violent crimes. Up to ten HSI agents will assist with the efforts in Albuquerque, as well.

            The Department of Justice has also made available over $1.5 million in COPS Hiring Grants to the Bernalillo County Sheriff’s Department to onboard five deputies and to support additional federal task force officers committed to violent crime reduction efforts. Additionally, the COPS Office has made $9.74 million available to the Albuquerque Police Department to fund the hiring of 40 officers. Separately, the Bureau of Justice Assistance has made available $1.4 million to reimburse the Bernalillo County Sheriff’s Office for the work of local law enforcement on the federal task forces supporting Operation Legend’s violent crime reduction efforts. The Department has also provided assistance through the Joint Law Enforcement Operations (JLEO) fund to assist reimbursement of local law enforcement serving as federal task force officers with FBI, ATF, DEA, and the U.S. Marshals Service.  These JLEO funds also will be used to assist the City of Albuquerque in acquiring technology used for detection of gunshots and development of an integrated response plan to gunshots by local law enforcement.

ALBUQUERQUE, N.M. – Anthony Gilbert Thompson, 31, of Roswell, New Mexico, appeared in federal court in Albuquerque on July 13 for an initial appearance on a criminal complaint charging him with failure to register as a sex offender.

          According to the criminal complaint, Thompson was previously convicted in 2009 of possession of child pornography and again in 2012 for the same offense. Thompson was allegedly finishing his second term of imprisonment in a residential reentry center in Las Vegas, Nevada, when he escaped the facility on Feb 6. He was later found and arrested in Roswell, New Mexico, by deputies of the U.S. Marshals on June 18. Thompson allegedly had not notified authorities in Nevada or in New Mexico that he would be residing or working in New Mexico, in violation of the Sex Offender Registration and Notification Act.

          Thompson is currently in custody pending trial after a detention hearing on July 15.  He faces up to 10 years in prison.  A criminal complaint is only an accusation.  A defendant is presumed innocent until proven guilty.

          The United States Marshal Service, FBI, and Roswell Police Department investigated this case.  Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.

ALBUQUERQUE, N.M. – Dieter D. Douglas, 34, of Shiprock, New Mexico, pleaded guilty in federal court in Albuquerque on July 14 to two counts of assault of an intimate partner by strangling or suffocating.  The charges arose in Indian Country and were part of a superseding indictment.

           According to his plea agreement, Douglas, an enrolled member of the Navajo Nation, admitted to strangling the victim on two separate occasions, while in San Juan County, New Mexico, within the exterior boundaries of the Navajo Indian Reservation. Douglas first admitted to covering his intimate partner’s mouth with his hand and also placing his hand around her neck to impede her breathing and blood flow during a fight on October 3, 2018. Douglas further admitted that he strangled the same victim again on May 4, 2019, during which time the victim reported losing consciousness.

           Douglas is currently in custody pending sentencing. He faces up to ten years of imprisonment for each of the charges to which he has pled guilty.

           The FBI and the Navajo Nation Criminal Investigation Office in Shiprock, New Mexico investigated this case. Assistant U.S Attorney Novaline D. Wilson is prosecuting the case.