District of New Mexico

ALBUQUERQUE, N.M. – Byron Rosetta, 35, of Albuquerque, N.M., made an initial appearance today in federal court in Albuquerque on a criminal complaint charging him with assault with a dangerous weapon and discharging a firearm in the commission of a violent crime in Indian Country.

            According to the criminal complaint, Rosetta, an Indian, allegedly committed the offense on the Kewa Pueblo (formerly known as the Santo Domingo Pueblo) in Sandoval County on April 5.  The incident happened on State Road 22 near mile marker 2.5.  Rosetta was driving a dark sedan when he passed and shot at a passing vehicle, narrowly missing the unsuspecting driver. Rosetta used a shotgun and shot birdshot pellets into the driver’s vehicle.  The pellets damaged the vehicle coming very close to injuring the driver.

            The criminal complaint also alleges that between February 3 and April 4 Rosetta shot at several other drivers near I-25 from his vehicle and from the roadside.  Rosetta used various firearms, including a .38 caliber pistol.  Several victims suffered injuries and damage to their windshields and other parts of their vehicles.    

            The New Mexico State Police and FBI identified Rosetta as a primary suspect, conducted surveillance, and the FBI arrested him in Albuquerque on April 11.  Rosetta is currently in custody pending a detention hearing.  He faces up to 10 years in prison if convicted of assault.  He faces a consecutive sentence from 10 years to life in prison if convicted of discharging a firearm.  A criminal complaints is only an allegation. A defendant is presumed innocent unless and until proven guilty.

            The Albuquerque office of the FBI investigated this case with assistance from the New Mexico State Police, the Sandoval County Sheriff’s Office, the Bureau of Indian Affairs, and the Drug Enforcement Administration.  Assistant U.S. Attorney David P. Cowen is prosecuting the case.

ALBUQUERQUE, N.M. – Franz Thiessen Enns, 56, of Chihuahua, Mexico, pleaded guilty on April 2 in federal court in Las Cruces, New Mexico to importing and possessing marijuana with intent to distribute.

           According to his plea agreement and other public court documents, Enns tried to enter the United States from Mexico on January 22 with a load of marijuana hidden in his car.  When questioned at the port of entry in Santa Teresa, New Mexico, Enns stated that he was traveling to El Paso, Texas, to go “shopping”.  He acknowledged having two bottles of alcohol to declare, but did not mention any other property although he knew he had marijuana in his vehicle.  U.S Customs and Border Protection agents later inspected his car and found approximately 57.4 kilograms of marijuana in the gas tank.

           Enns is currently in custody awaiting sentencing.  He faces up to 20 years in federal prison under the terms of his plea agreement. 

           Homeland Security Investigations and U.S. Customs and Border Protection investigated this case.  Assistant U.S. Attorney Clara N. Cobos is prosecuting the case.

ALBUQUERQUE, N.M. – Thomas Laws, 62, of Silver City, New Mexico pleaded guilty today in federal court in Las Cruces, New Mexico to four counts of wire fraud and one count of aggravated identity theft in a scheme to steal more than $1.5 million from his victims.

             According to his plea agreement, Laws worked as a licensed accountant and registered investment advisor in Silver City.  He provided accounting, tax preparation and investment services to clients.  From 2008 to 2019, Laws engaged in a scheme to obtain money by false pretenses and fraudulent misrepresentations made to clients, lenders, investors and others. 

             Among other things, Laws lied to two clients to convince them to invest in a real estate development project.  Laws fabricated and forged mortgage documents purporting to show that $650,000 these clients invested in the project was secured by a mortgage.  In reality, Laws had previously mortgaged the property to other lenders, defaulted, and a court had ordered foreclosure and judicial sale of the property.  Rather than developing the real estate, Laws channeled the $650,000 to pay part of a settlement with an earlier victim of his scheme. 

             Laws also scammed two other investors out of $550,000 that Laws claimed would be used for a mining project.  Instead, Laws used the money to pay off earlier victims of his scheme, including partial restitution to a corporation from which he, as the corporation’s chief executive officer, had embezzled more than one million dollars.

             As part of his fraudulent scheme, Laws made, or caused others to make, several wire transfers of funds.  Laws also used stolen money to pay personal expenses for himself and his family, including credit cards debts, travel, communication and media services, firearms and cash.  His scheme caused total financial losses of more than $1.5 million to the victims.

             Laws is currently out of custody awaiting sentencing.  He faces up to 81 months in prison under the terms of his plea agreement, including a mandatory sentence of 24 months for aggravated identity theft.

             The FBI and New Mexico Securities Division investigated this case. Assistant U.S. Attorney Tim S. Vasquez is prosecuting this case.

ALBUQUERQUE, N.M. – United States Attorney John C. Anderson announced today that the federal government has prevailed in a lawsuit filed by the State of New Mexico and the City of Albuquerque challenging the practices of the Department of Homeland Security and certain high-ranking federal immigration officials in temporarily paroling aliens seeking asylum in the United States.  

            United States District Judge James O. Browning dismissed the lawsuit on March 31 after finding DHS fully complied with the law.  The court found DHS acted within its power and discretion by paroling aliens in New Mexico and elsewhere without providing them with travel assistance to other parts of the country.

            The State of New Mexico and City of Albuquerque previously filed the lawsuit on June 10, 2019. In dismissing the lawsuit, the court found sovereign immunity protected the federal government from liability and the defendants’ claims were not reviewable under the Administrative Procedures Act.  The court also found that the federal government’s policies satisfied the Due Process Clause and other constitutional standards. 

            Assistant U.S. Attorney Manuel Lucero represented the United States in this matter.

ALBUQUERQUE, N.M. – Jacob Grijalva, 30, of Silver City, New Mexico pleaded guilty in federal court in Las Cruces, New Mexico on April 1 to using a cellular telephone in the commission of murder-for-hire and obstruction of justice.

           In his plea agreement, Grijalva admitted trying to arrange a murder-for-hire by telephone from Grant County, New Mexico on March 2, 2019.  Grijalva admitted that he called a person he believed was a hitman, but the person was actually an undercover federal agent.  Grijalva told the agent, “I just need a problem taken care of quick, simple, nothing to trace back to me.”  Grijalva asked about a price for the murder.  He offered to pay in cash and said he wanted to kill the victim to avoid prosecution for a gun charge.  Grijalva also told the undercover agent he wanted the murder to happen when he was in Las Vegas so that he would have an alibi for the crime. 

           On December 2, 2019, after Grijalva was arrested for murder-for-hire, and while in custody, he solicited somebody else to burn a phone in a grill because he wanted to use photographs of the burned phone at trial, as evidence of his lack of intent to go through with the murder.        

           Grijalva is currently in custody awaiting sentencing.  Under the terms of the plea agreement, he faces nine years in custody.

           The Bureau of Alcohol, Tobacco, Firearms and Explosives and Homeland Security Investigations investigated this case with the Grant County Sheriff’s Office, the Silver City Police Department and the Grant County District Attorney’s Office. Assistant United States Attorneys Mark A. Saltman and Taylor Hartstein of the Las Cruces Branch Office are prosecuting this case.

            (Albuquerque) –  U.S. Attorney John C. Anderson today announced that over $9 million in grant funding has been allocated to New Mexico public safety agencies to help them address the COVID-19 pandemic.  The announcement was part of the Department of Justice making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The Department of Justice will move quickly to make awards once applications are submitted, with the goal of having funds available for drawdown within days of the award.

            “The Department of Justice is fully committed to supporting our public servants who stand on the front-lines in our collective fight against COVID-19” said U.S. Attorney John C. Anderson. “This includes ensuring that they have the resources necessary both to protect themselves and to effectively aid the public. The Coronavirus Emergency Supplement funding will help our state and local public safety agencies to purchase essential equipment and hire the personnel they need to address this public health emergency.”

            “This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”

            The solicitation, posted by the Bureau of Justice Assistance (BJA) in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received.     

            Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.

            The New Mexico Department of Public Safety will receive funds to respond to state needs.   New Mexico’s allocation as well as other state/territory allocations can be found at:

            https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/fy20-cesf-state-allocations.pdf. 

            In addition to the state’s allocation, New Mexico agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are also eligible to apply to BJA for additional emergency funding. A complete list of eligible jurisdictions in and the amount of money they can apply for can be found by going to:

            https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/fy20-cesf-allocations-nm.pdf.

            For more information about the Coronavirus Emergency Supplemental Funding program, please visit:

            https://bja.ojp.gov/funding/opportunities/bja-2020-18553. 

            Questions for the New Mexico Department of Public Safety can be sent to DPS.GMS@state.nm.us or visit:

            https://www.ojp.gov/funding/state-administering-agencies/new-mexico-state-administering-agencies

            For more information about the Office of Justice Programs, please visit https://www.ojp.gov/.

                        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. – Joshua Gutierrez, 21, of To’Hajilee, Mexico appeared in federal court in Albuquerque on March 31 for an initial appearance on a criminal complaint charging him with murder in Indian Country. 

            According to the complaint, Gutierrez committed the offense on March 29 in To’Hajilee, New Mexico on the Navajo Nation. Gutierrez allegedly shot the victim in the chest with a pistol. The victim later died from his injuries. The FBI arrested Gutierrez at his home later in the day. He is currently in custody pending a detention hearing scheduled for April 2. A complaint is only an accusation. A defendant is presumed innocent until proven guilty.

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

ALBUQUERQUE, N.M. – The Department of Justice has awarded a $1.4 million grant to the Bernalillo County Sheriff’s Office (BCSO) as part of Operation Relentless Pursuit, a public safety initiative launched by Attorney General William P. Barr in December 2019 to combat the high rate of violent crime in Albuquerque and six other major U.S. cities. 

            “As we work together to drive down the violent crime rate in Albuquerque, our local law enforcement partners must have the best training and equipment to meet this challenge,” said U.S. Attorney John C. Anderson of the District of New Mexico.  “We are thankful to Attorney General Barr and the Department of Justice for providing the Bernalillo County Sheriff’s Office with these essential resources at a time when they are most urgently needed.  We look forward to partnering with them in this effort.” 

            “I am extremely grateful to the Attorney General, U.S. Attorney and the Department of Justice for their trust and support of BCSO as we continue to combat Albuquerque’s out of control crime crisis,” said Bernalillo County Sheriff Manuel Gonzales III. “As Sheriff, I am focused on doing what it takes to keep our children, families and businesses safe from career criminals and gun violence in Albuquerque, and now we have the desperately needed resources to do so thanks to the federal government. With the support of the Department of Justice, we will continue to clean up the streets of Albuquerque.”

            The FBI, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Marshals Service are leading Operation Relentless Pursuit in close coordination with their state and local partners in Albuquerque, Baltimore, Cleveland, Detroit, Kansas City, Memphis, and Milwaukee.  The primary focus of Operation Relentless Pursuit is federal partnership with state and local law enforcement to reduce violent crime in Albuquerque and the other six cities by building federal cases against the most violent criminals and organizations for prosecution by U.S. Attorneys’ Offices.

            The Department of Justice’s commitment to Operation Relentless Pursuit includes an increase in federal agents to these seven cities complemented by a financial commitment of up to $71 million in federal grant funding to hire new officers, pay overtime and benefits, finance federally deputized task force officers, and provide mission-critical equipment and technology. BCSO intends to use the specific funding from this grant to provide advanced training for task force officers, acquire marked and unmarked vehicles for surveillance, and purchase equipment to reduce violent crime.

ALBUQUERQUE, N.M. – Stephen C. Waites Jr., 32, of Mescalero, New Mexico pleaded guilty in federal court in Las Cruces, New Mexico on March 24 to assault on an intimate partner by strangling.

            A grand jury previously indicted Waites for this offense on Aug. 28, 2018.  In his plea agreement, Waites admitted punching and strangling his girlfriend at their home on the Mescalero Apache Reservation in Indian Country on July 26, 2018.  Both Waites and the victim are enrolled members of the Mescalero Apache Tribe.

            Waites is currently in custody awaiting sentencing. He faces a sentence of 37 up to 10 years in prison. 

            The FBI and the Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Maria Y. Armijo is prosecuting the case.

ALBUQUERQUE, N.M. – Nancy Edith Duarte-Lujan, 39, of Deming, New Mexico, appeared in federal court in Las Cruces, New Mexico today for an initial appearance on a criminal complaint charging her with conspiracy and possession with intent to distribute marijuana.

            According to the criminal complaint, Duarte-Lujan allegedly tried to enter the United States on March 23 at the port of entry in Columbus, New Mexico with a large quantity of marijuana concealed in the spare tire, fenders, back seat and tailgate of the truck she was driving. U.S. Customs and Border Protection arrested Duarte-Lujan following an inspection of her vehicle. 

            Duarte-Lujan is currently in custody pending a detention hearing on March 30.  She faces up to 20 years in prison if convicted of the charged offenses.  A criminal complaint is only an accusation.  A defendant is presumed innocent until proven guilty.

            Homeland Security Investigations and U.S. Customs and Border Protection investigated this case.  Assistant U.S. Attorney Brad Bartlett is prosecuting the case.

ALBUQUERQUE, N.M. – Jose Angel Frias-Mendoza, 45, of Chihuahua City, Mexico appeared in federal court in Las Cruces, New Mexico on March 23 for an initial appearance on a criminal complaint charging him with possession with intent to distribute and importation of marijuana.

            According to the criminal complaint, Frias-Mendoza allegedly tried to enter the United States on March 20 at the port of entry in Santa Teresa, New Mexico with 88 bundles (approximately 67.5 pounds) of marijuana hidden in the dashboard, roof, and fuel tank of the vehicle he was driving.  U.S. Customs and Border Protection officers inspected the vehicle and located the hidden contraband, according to the complaint. 

            Frias-Mendoza is currently in custody pending a detention hearing on March 26.  He faces up to five years in prison for possession with intent to distribute marijuana and five years in prison for importation of marijuana.  A criminal complaint is only an accusation.  A defendant is presumed innocent until proven guilty.

            Homeland Security Investigations and U.S. Customs and Border Protection investigated this case.  Assistant U.S. Attorney Dustin C. Segovia is prosecuting the case.

ALBUQUERQUE, N.M. – Ruben Joseph Castillo, 49, of Silver City, New Mexico pleaded guilty in federal court in Las Cruces, New Mexico today to production of visual depictions of minors engaging in sexually explicit conduct.

            According to Castillo’s plea agreement, he admitted searching for underage girls and contacting them on social media. Castillo admitted meeting with a victim on July 21, 2019, and taking photos with his mobile phone camera of the minor victim engaging in sexually explicit conduct.

            Castillo is currently in custody awaiting sentencing. He faces from 15 to 30 years in prison.

            Homeland Security Investigations and the Silver City Police Department investigated this case. Assistant U.S. Attorneys Marisa A. Ong and Ry Ellison are prosecuting the case.

ALBUQUERQUE, N.M. – Jared Barnhill, 29, of Albuquerque, New Mexico pleaded guilty in federal court today to three counts of interference with interstate commerce by robbery and violence and two counts of using, carrying, or possessing a firearm during a crime of violence.

            In Barnhill’s plea agreement, he admitted committing three armed robberies of businesses in Albuquerque. On June 28, 2018, Barnhill robbed a gas station convenience store. He entered the store, brandished a gun, and demanded money and merchandise from an employee. Barnhill obtained around $30 in cash and $3000 in store merchandise during the robbery. Barnhill robbed another business on July 3, 2018.  This time he obtained around $200 in cash and $13,500 in merchandise.  On July 5, 2018, Barnhill robbed a third business, obtaining over $900 in cash and $11,000 worth of merchandise.   

            Jared Barnhill is currently in custody awaiting sentencing. He has agreed to serve 18 years in prison under the terms of his plea agreement. 

            A co-defendant in the case, Jeyden Barnhill, pleaded guilty to Oct. 24, 2019, to interference with interstate commerce by robbery and violence. Jeyden Barnhill was sentenced to 46 months in prison. Another co-defendant, Samuel Perez, is scheduled to go to trial on April 6.  Charges in an indictment are only accusations. A defendant is presumed innocent until proven guilty.

            The FBI investigated this case with the Albuquerque Police Department. Special Assistant U.S. Attorney (SAUSA) Thomas A. Outler as part of Project Safe Neighborhoods, a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.

ALBUQUERQUE, N.M. – U.S. Attorney John C. Anderson of the District of New Mexico today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by contacting the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or the NCDF e-mail address disaster@leo.gov.

            “As communities throughout our country and New Mexico work together in unprecedented ways to meet the challenges of the COVID-19 public health crisis, the public should be alert that, regrettably, there are also a few criminally-minded individuals who view this crisis as an opportunity for profit.  The U.S. Attorney’s Office urges New Mexicans to be vigilant and report any suspicious activity that they think might be a COVID-19-related fraud scheme. And those who would seek to profit from this crisis by defrauding members of the public should be on notice that federal authorities are ready to aggressively prosecute such crimes to the full extent of the law.”

            In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes. Some examples of these schemes include:

• Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
• Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
• Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
• Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
• Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.      

            In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General

Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities.   The District of New Mexico Coronavirus Fraud Coordinator is AUSA Nicholas J. Ganjei.

            The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes.  The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.

            To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.

            ALBUQUERQUE, N.M. – Daniel Mock, 33, of Albuquerque, New Mexico appeared in federal court in Albuquerque today for an initial appearance on a criminal complaint charging him with posting messages on Facebook threatening to kill the Governor of New Mexico, Michelle Lujan Grisham, and law enforcement officers, in violation of federal law.

            The criminal complaint charges Mock with allegedly transmitting threatening communications in interstate or foreign commerce.  According to the complaint, Mock allegedly posted threatening messages to the governor’s Facebook page on Mar. 2 and Mar. 13.

            Mock is currently in custody pending a detention hearing on Friday.  He faces up to five years in prison if convicted of this offense.  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 U.S. Marshals Service, the New Mexico State Police, and the Albuquerque Police Department.  Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.

daniel_mock_comp_cmecf.pdf

ALBUQUERQUE, N.M. – Armando Gonzalez, 38, of Las Cruces, New Mexico pleaded guilty in federal court in Las Cruces on Mar. 17 to production of a visual depiction of a minor engaging in sexually explicit conduct.

           According to Gonzalez’s plea agreement, he admitted producing a video on his mobile phone on Jun. 3, 2019, showing sexually explicit conduct involving a child.  Gonzalez also admitted sending the video to another person by social media.

           Gonzalez is currently in custody awaiting sentencing.  He faces from 15 to 30 years in prison for this offense. 

           Homeland Security Investigations, the Las Cruces Police Department, and New Mexico State Police investigated this case. Assistant U.S Attorney Marisa A. Ong is prosecuting the case.

Albuquerque, N.M. – Cornelius Galloway, 37, of Albuquerque, New Mexico pleaded guilty in federal court in Albuquerque today to conspiracy to commit sex trafficking.

            In Galloway’s plea agreement, he admitted participating in a sex trafficking ring in Bernalillo County from Oct. 2016 to Feb. 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. 

            Galloway is in custody awaiting sentencing. He agreed to serve 17 years in prison under the terms of his plea agreement.   Co-defendant Danielle Galloway pleaded guilty Apr. 8, 2019 to conspiracy to commit sex trafficking.  She is currently awaiting sentencing.

            Two other co-defendants in the case, Marcus Taylor, 35, and Matthew Woods, 31, of Albuquerque, are 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.

            Homeland Security Investigations investigated this case with the Albuquerque Police Department.  Assistant U.S. Attorneys Letitia Carroll Simms and Jack E. Burkhead are prosecuting the case.

ALBUQUERQUE, N.M. – Charles Brent Justice, 27, a military member assigned to Kirtland Air Force Base, New Mexico made an initial appearance in federal court in Albuquerque today on a charge of possession of a firearm silencer in violation of federal law.

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

            Justice is currently in custody awaiting a detention hearing scheduled for Mar. 18.  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 investigated this case with the Department of the Air Force, Office of Special Investigations.  Assistant U.S. Attorney Jon K. Stanford is prosecuting the case.

ALBUQUERQUE, N.M. – Randy Matthew Peraza, 47, of Oklahoma City, Oklahoma appeared in federal court in Roswell, New Mexico today for an initial appearance on a criminal complaint charging him with bank robbery.

            According to the criminal complaint, Peraza allegedly robbed a bank in Roswell on Mar. 13.  He allegedly went inside the bank, announced the robbery, and demanded money.  A teller handed over cash.  Peraza allegedly left the bank, walked across the street, and sat in the grass where police arrested him a short time later.  There were no injuries.

            Peraza is currently in custody awaiting a detention hearing.  He faces up to 20 years in prison if convicted.  A criminal complaint is only an accusation.  A defendant is presumed innocent until proven guilty.

            The FBI investigated this case with the Roswell Police Department.  Assistant U.S. Attorney Jacob Wishard is prosecuting the case.

ALBUQUERQUE, N.M. – Daniel Montoya, 31, of Albuquerque, appeared in federal court in Albuquerque on Feb. 26 for a detention hearing on a criminal complaint charging him with assault on a federal officer with a deadly weapon and use of a firearm in a crime of violence.

            According to the criminal complaint, police officers approached Montoya as he walked down the street in Albuquerque on Jan. 23.   The officers wanted to take Montoya into custody for his suspected involvement in a shooting earlier that day.  Montoya allegedly resisted the officers’ commands, pointed a pistol at two federal officers, and fired shots in their direction.  An officer returned fire.  Montoya then fled the area on foot while shooting more rounds at the officers chasing him. A team of other officers responded to the area and eventually apprehended Montoya, who was shot in the neck during the incident.  

            Montoya is currently in custody awaiting trial. He faces up to 20 years in prison for assault on a federal officer and a consecutive sentence of 10 years to life in prison for using a firearm during a crime of violence.  Charges in criminal complaints are merely accusations.  A defendant is presumed innocent unless found guilty beyond a reasonable doubt.        

            The FBI investigated this case jointly with the Albuquerque Police Department as part of Operation Relentless Pursuit, a Department of Justice initiative aimed at combating violent crime in seven of America’s most violent cities, including Albuquerque, through a stream of federal resources.  Assistant U.S Attorneys Jon K. Stanford and Alexander M. Uballez are prosecuting the case.  

ALBUQUERQUE, N.M. – A federal jury in Las Cruces, New Mexico returned a guilty verdict on Mar. 3 convicting James Christopher Benvie, 45, of Albany, Minnesota, of two counts of false personation of a Border Patrol agent.        

            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 jury’s verdict in this case affirms the principle that we are a nation of laws and do not tolerate vigilantes who take the law into their own hands by falsely impersonating Border Patrol agents,” said John C. Anderson, U.S. Attorney for the District of New Mexico.

            “The men and women who earned the right to wear the badge of a Border Patrol agent put their lives on the line every day,” said James C. Langenberg, Special Agent in Charge of the FBI’s Albuquerque Division.  “The FBI is proud to have worked on this case with these brave agents and will never let their honor be stolen by pretenders who scoff at the rule of law.” 

            The evidence at trial showed Benvie and other group members stopped six women and children from El Salvador on Apr. 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 Apr. 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. 

             Benvie is currently out of custody awaiting sentencing.  He faces up to three years in prison for each offense. 

             The FBI and U.S. Border Patrol investigated this case.  Assistant U.S. Attorneys from the Las Cruces Branch Office are prosecuting the case.

            ALBUQUERQUE, N.M. – A federal judge in Santa Fe, New Mexico sentenced Sharon A. Moore, 64, of Albuquerque to 20 years in federal prison on March 2 for conspiracy and other financial crimes committed in connection with the operation of Ayudando Guardians, Inc., a non-profit corporation based in Albuquerque that previously provided guardianship, conservatorship, and financial management to hundreds of people with special needs.  Meanwhile, the judge issued bench warrants for Susan K. Harris, 73, and William S. Harris, 58, of Albuquerque after they failed to appear with Moore for their scheduled sentencing hearing.

            U.S. District Judge Martha Vázquez sentenced Moore to a term of 240 months in prison followed by a 3-year term of supervised release.  Judge Vazquez also ordered Moore to pay the entire amount of stolen funds as restitution to the victims. 

            Moore pleaded guilty on July 9, 2019, and Susan Harris pleaded guilty on July 11, 2019.  In their plea agreements, Harris and Moore admitted to conspiracy, mail fraud, aggravated identity theft, money laundering, and conspiracy to commit money laundering.  Susan Harris was the 95% owner of Ayudando and acted as president; Moore was a 5% owner and acted as chief financial officer of Ayudando.  They engaged in a decade-long pattern of sophisticated criminal conduct from November 2006 to July 2017.  This included unlawfully transferring money from client accounts to a comingled account without any client-based justification as part of the fraud scheme and money laundering conspiracy.  Susan Harris and Sharon Moore wrote and endorsed numerous checks, often of more than $10,000, from these comingled accounts to themselves, family members, cash, and other parties where payment would benefit their families. The stolen funds were used to fund a luxury lifestyle and were used to purchase homes, vehicles, luxury RVs and cruises, as well as a private box at “the Pit” at the University of New Mexico. The stolen funds were also utilized to pay off more than $4.4 million in American Express charges incurred by the defendants and their families.

            In order to conceal the fraud scheme, Moore created and sent forged and fraudulent reports to the Veterans Administration for fiduciary clients.  She falsified bank statements and annual reports to disguise the theft of money from client accounts. Susan Harris also took acts to maintain Ayudando’s appearance of legitimacy, including submitting a proposal to the New Mexico Office of Guardianship which contained numerous false representations, including a false claim that another defendant was a nationally certified guardian at the time of the submission.  

            William Harris pleaded guilty on June 25, 2019.  In his plea agreement, he admitted to acting in concert with his co-defendants to cheat the United States government out of money and property.  William Harris admitted that he knew that Moore was siphoning payments to clients from the Department of Veterans Affairs and Social Security Administration and using the money to benefit herself, Susan Harris, and their co-conspirators.  William Harris specifically admitted receiving, endorsing, and depositing dozens of checks drawn on Ayudando accounts for his own personal benefit. 

            William Harris also admitted to his involvement in a money laundering scheme.  He acknowledged using an Ayudando corporate credit card for personal expenses, knowing that it would be paid for with client money.  He admitted his role in a loan application for the stated purpose of expanding the Ayudando business with the actual intent of using the money to “pay back” clients whose money they took without authorization.

The Complex Assets Unit of the U.S. Marshals Service is continuing to work to locate assets and funds that can be seized and returned to victims through the forfeiture and restitution process. Additionally, the VA and SSA are working to provide reimbursement of stolen government benefits to those Ayudando clients that received benefits from those agencies, consistent with federal law and regulations.

            Fugitives: Photos of the fugitives, Susan K. Harris and William S. Harris, are attached to this press release. Individuals with information about the whereabouts of Susan K. Harris and William S. Harris should contact the U.S. Marshals Service at (505) 462-2300.          

          

 

 

            A fourth defendant, Craig M. Young, who is the son of Susan and William Harris, pleaded guilty on November 12, 2019, to conspiracy and conspiracy to commit money laundering.  He is currently out of custody awaiting sentencing at a future date.  In light of Susan and William Harris’ fugitive status, Judge Vázquez added electronic monitoring to Craig Young’s conditions of release.

            The Albuquerque offices of the FBI and IRS Criminal Investigation conducted the investigation, which resulted in the charges in the indictment, and are leading the continuing investigation.  The Complex Assets Unit and the Albuquerque office of the USMS, the Criminal Investigations Division of the Department of Veterans Affairs Office of Inspector General, and the Dallas Field Division of the Social Security Administration Office of Inspector General are assisting in the investigation.  Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.

ALBUQUERQUE, N.M. – Calvin Toledo, 49, of Cuba, New Mexico pleaded guilty in federal court in Albuquerque today to unlawful taking and transporting wildlife in violation of Indian tribal law.   He was sentenced to one year of probation. 

            According to his plea agreement, Toledo, an enrolled member of the Navajo Nation, admitted to hunting without a permit within the exterior boundaries of the Navajo Nation on Feb. 1, 2016. Toledo admitted to shooting and killing an elk and moving it from one location to another despite not having a permit from the Navajo Nation Department of Fish and Wildlife. Toledo admitted knowing his conduct violated the federal Lacey Act and Indian Tribal law.

            The U.S Fish and Wildlife Service investigated this case with assistance from Navajo Nation and the New Mexico Department of Game and Fish.  Assistant U.S. Attorney David P. Cowen prosecuted the case.

ALBUQUERQUE, N.M. – Frank Howe Jr., 24, of Rock Springs, New Mexico pleaded guilty on Feb. 28 in federal court in Albuquerque to assault resulting in serious bodily injury.

            According to public court documents, a grand jury indicted Howe, Jr. on Dec. 4, 2018. According to his plea agreement, Howe, an enrolled member of the Navajo Nation, admitted to physically assaulting his girlfriend in Indian Country on May 7, 2018. He was driving his vehicle when he got into an argument with the victim.  Howe pulled his vehicle over and assaulted the victim causing serious bodily injury.

            Howe is currently in custody awaiting sentencing.  He faces up to 10 years in prison. 

            The Navajo Nation Police Department and the Navajo Nation Division of Public Safety-Criminal Investigations services investigated this case with the assistance from the McKinley County Sheriff’s Office. Assistant U.S. Attorney David P. Cowen is prosecuting the case.

ALBUQUERQUE, N.M. – Jose Mendoza, 32, and Natalie Mendoza, 35, of Medanales, New Mexico, Ryan Rodriguez, 27, of Chamita, New Mexico, Andrea Rodriguez, 28, and Edvardo Carlson, 39, of Espanola, New Mexico, and Bridget Archuleta, 31, of San Juan Pueblo, New Mexico appeared in federal court today for arraignment on an indictment charging them with various drug trafficking offenses involving crack cocaine (cocaine base) in Rio Arriba County, New Mexico from Oct. 2, 2019, to Feb. 25, 2020. 

            A grand jury returned an indictment against the defendants on Feb. 25. Federal agents arrested them on Feb. 27 with assistance from state and local law enforcement.  According to public court records, Jose Mendoza, and his wife, Natalie Mendoza, allegedly were high-level suppliers of cocaine in the Espanola Valley of New Mexico.   Natalie Mendoza allegedly kept records of drug sales and collected proceeds from drug transactions.  Ryan Rodriguez allegedly acted as a mid-level cocaine distributor.  He allegedly received supplies of cocaine from Jose and Natalie Mendoza, converted it to crack cocaine, and distributed it by the ounce to customers, including an undercover agent posing as a lower level drug trafficker. 

            Ryan Rodriguez’s girlfriend, Bridget Archuleta allegedly participated in drug sales with Rodriguez.  Ryan Rodriguez’s sister, Andrea Rodriguez, allegedly delivered drugs to customers on Ryan Rodriguez’s behalf.  Edvardo Carlson allegedly conducted drug transactions at Ryan Rodriguez’s direction.  The defendants allegedly communicated extensively by telephone and text message about their drug trafficking business.  According to court records, Jose Mendoza and Natalie Mendoza also laundered proceeds from their drug trafficking by making large cash payments on auto loans and large cash deposits into accounts at credit unions.

Summary of the Charges

            Count 1 of the indictment charges all six defendants with conspiracy to distribute cocaine base.    The maximum penalty on conviction varies for each defendant.

            Counts 2, 5, 7, 9, and 11 charge certain defendants with use of a telephone to facilitate a drug trafficking offense.  The maximum penalty on conviction is up to four years in prison.

            Count 3 of the indictment charges certain defendants with distribution of cocaine base.  The maximum penalty on conviction is up to 20 years in prison.

            Counts 4, 6, 8, and 10 of the indictment charge certain defendants with distribution of 28 grams or more of cocaine base.  The maximum penalty on conviction is from five to 40 years in prison.

            Count 12 of the indictment charges certain defendants with possession with intent to distribute 280 grams or more of cocaine base.  The maximum penalty on conviction is 10 years to life in prison.

Charges Against Defendants

            Jose Mendoza is charged in Counts 1, 2, 9, 10, 11, and 12.  He was arrested on Feb. 27 and is in custody pending a detention hearing on Mar. 2.

            Natalie Mendoza is charged in Counts 1, 2, 5, 7, 9, 10, and 12.  She was arrested on Feb. 27 and is in custody pending a detention hearing on Mar. 2.

            Ryan Rodriguez is charged in all 12 counts of the indictment.  He  was arrested on Feb. 27 and is in custody pending a detention hearing on Mar. 2.

            Andrea Rodriguez is charged in Counts 1 and 3.  She was arrested on Feb. 27 and is in custody pending a detention hearing on Mar. 2.

            Edvardo Carlson is charged in Counts 1, 6, 7, and 8.  He  was arrested on Feb. 27 and is in custody pending a detention hearing on Mar. 2.

            Bridget Archuleta is charged in Counts 1, 4, 11, and 12.  She was arrested on Feb. 27 and is in custody pending a detention hearing later today.

            An indictment is only an accusation.  Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.

                This indictment is the product of a joint federal investigation by Homeland Security Investigations and the Drug Enforcement Administration with assistance from the High Intensity Drug Trafficking Area (HIDTA) Region III Narcotics Task Force which includes members of the BIA, New Mexico State Police, the Santa Fe Police Department, the Santa Fe County Sheriff and the Taos Police Department.  Assistant U.S. Attorneys Peter Eicker and Matthew Nelson are prosecuting the case as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

ALBUQUERQUE, N.M. – Clarence Ransom, 52, of Las Cruces, New Mexico, appeared in federal court in Las Cruces today for arraignment on charges of attempted coercion and enticement of a minor, attempted production of child pornography, solicitation of child pornography, committing a federal offense as a registered sex offender, international parental kidnapping, and failure to report international travel as a sex offender. 

           A grand jury returned an indictment against Ransom on Jan. 15 charging these offenses.  The indictment accuses Ransom of attempting to coerce and entice a child under the age of 18 to engage in sexual activity in Doña Ana County, New Mexico between May 16, 2019 and May 25, 2019.  The indictment also accuses Ransom of attempting to produce child pornography with the child. 

           According to a criminal complaint, Ransom was previously convicted in 1991 of engaging in unlawful sexual acts with a minor.  He is required to register as a sex offender and must notify authorities in advance before traveling internationally.  Ransom allegedly kidnapped two victims, who are his children, by taking them to Mexico when they should have been in their mother’s custody and without approval to travel outside the United States. 

           Mexican law enforcement arrested Ransom on Dec. 1, 2019 and later turned him over to U.S. authorities at the border.  Ransom made an initial appearance in federal court in the District of Arizona on Dec. 5, 2019 before being transported to New Mexico. 

           Ransom is currently in custody pending trial.  Indictments and criminal complaints are only accusations.  A defendant is presumed innocent until proven guilty.

           The FBI and Las Cruces Police Department investigated this case with assistance from law enforcement in Mexico. Assistant U.S Attorneys Tilli M. Villalobos, Mark A. Saltman and Dustin Segovia are prosecuting the case.

A federal grand jury in Albuquerque, New Mexico, has indicted former prison transport officer Anthony Buntyn, 53, for abusing detainees who were in his care and for threatening the detainees with retaliation if they reported his abuse.

According to the indictment, at the time of his alleged crimes, Buntyn was a prisoner transport officer employed by Prisoner Transportation Services of America (PTS), a company that was hired by local jails and prisons throughout the country to transport people who had been arrested pursuant to out-of-state warrants and needed to be transported back to the states that had issued the warrants. Buntyn was in charge of a PTS transport in March 2017 that stopped in New Mexico during a cross-country trip.

Count One of the indictment charges Buntyn with willfully depriving a detainee of the constitutional right to be free from unreasonable force, in violation of Title 18, United States Code, Section 242. Count Two charges Buntyn with willfully depriving multiple detainees of the constitutional right not to be subjected to conditions of confinement on the transport vehicle that posed a substantial risk of serious harm to the detainees’ health or safety, and resulted in bodily injury to some of them, in violation of Title 18, United States Code, Section 242. Count Three charges Buntyn with knowingly using intimidation and threats against multiple detainees to prevent communication to a federal law enforcement officer of truthful information relating to the commission of a federal crime, in violation of Title 18, United States Code, Section 1512(b)(3).

The indictment alleges that, during the stop in New Mexico, Buntyn repeatedly used a Taser on a handcuffed detainee without legal justification. It further alleges that, while in New Mexico, Buntyn transported the detainees in the PTS van in conditions of confinement that posed a substantial risk of serious harm to their health or safety, and resulted in injury to at least four detainees. Finally, the indictment alleges that Buntyn threatened the detainees who were being transported in the PTS van with retaliation if they reported any of his alleged crimes.

An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless proven guilty. If convicted, Buntyn faces a maximum sentence of 10 years of imprisonment on each of the first two charges and a maximum sentence of 20 years on the third charge. 

The case was investigated by the FBI Kansas City Field Office and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley of the District of New Mexico and Trial Attorneys Zachary Dembo and Laura Gilson of the Justice Department’s Civil Rights Division.

ALBUQUERQUE, N.M. – A federal jury in Las Cruces, New Mexico returned a guilty verdict yesterday against Francisco Armando Martinez, 39, of Tucson, Arizona on one count of transporting illegal aliens.   

            The evidence at trial showed that a group of illegal aliens from Mexico paid smugglers to help them cross the border into the United States illegally.  They gathered at a guest house in Agua Prieta, Sonora, Mexico.  They paid for backpacks containing food and water for the trip and took a taxi to the border where a guide led them into the United States through the desert on foot.  Martinez picked up the illegal aliens on the side of the road to transport them.  He told them to wear their seat belts and be quiet.  Martinez later drove to a gas station where border patrol agents questioned him about the people inside his vehicle and discovered Martinez was transporting illegal aliens.

            The jury acquitted Martinez of a charge of conspiracy to transport aliens.  He is currently out of custody awaiting sentencing.  Martinez faces up to 5 years in prison.

            U.S. Border Patrol investigated this case with assistance from Homeland Security Investigations.   Assistant U.S. Attorneys Luis Martinez and Taylor Hartstein of the Las Cruces Branch Office are prosecuting the case.  

ALBUQUERQUE, N.M. - Luis Moreno, 40, of Las Cruces, New Mexico, was sentenced on Feb. 18 in federal court in Las Cruces, New Mexico to 25 years in prison for production of a visual depiction of a minor engaging in sexually explicit conduct.

           Moreno previously pleaded guilty to this offense on Nov. 13, 2019. According to public court documents, Moreno admitted using a video camera on his mobile phone to record a 12-year-old child engaged in sexual explicit acts.

           Moreno must also serve a three-year term of supervised release after completing his sentence and pay $30,000 in restitution.

           Homeland Security Investigations and the Sunland Park Police Department investigated this case.  Assistant U.S. Attorneys Marisa A. Ong prosecuted this case as part of the Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center tip line at (575) 526-3437.

ALBUQUERQUE, N.M. – The Honorable Judith C. Herrera, Senior United States District Judge, sentenced Vidal Sandoval, 50, of Cimarron, New Mexico, to 87 months in federal prison today for drug trafficking and theft of government property committed while Sandoval was a deputy sheriff in Colfax County, New Mexico.

           In announcing the sentence, United States Attorney John C. Anderson said, “The defendant’s offenses represent a profound breach of a sacred public trust. The people of Colfax County entrusted defendant with the authority to enforce the laws and the responsibility to keep the public safe.  The defendant turned around and used this authority to foster and facilitate the very type of crime he was sworn to prevent. In a day and age when service as a law enforcement officer is more challenging than ever, we will and we must ensure the integrity of law enforcement by holding accountable those few officers who betray the public trust for their personal gain.”

           “When law enforcement officers betray the communities they swore to protect, it overshadows the heroic work the majority of police, deputies, and agents perform on a daily basis,” said Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.  “The FBI, working with partners like the New Mexico State Police and Colfax County Sheriff's Office, will pursue anyone who dishonors the badge and puts the public at risk.”

           “I am proud of the role we played in identifying this defendant’s criminal behavior and holding him accountable,” said Tim Johnson, Chief of the New Mexico State Police. “His actions were an egregious violation of public trust. Thorough investigation and continuing cooperation between agencies again yielded just results.”

           Sandoval pleaded guilty on July 13, 2016, to one count of attempted possession with intent to distribute cocaine and two counts of theft of government property.   Sandoval did not enter into a plea agreement with the prosecution.  According to public court records and statements made in court, Sandoval was employed as a deputy sheriff when he committed the charged offenses.  He received training in how to properly handle evidence.  Sandoval knew he was forbidden to keep money and other property he seized while executing his official duties.

            While on duty on Dec. 15, 2014, Sandoval stole money from two motorists whom he believed to be drug traffickers transporting the proceeds from the sale of illegal drugs.  After Sandoval found $8,000 in cash in the motorists’ vehicle during a traffic stop, he called a friend, Leon Herrera, and enlisted Herrera to tell the motorists that Herrera was a law enforcement officer.  At the conclusion of the traffic stop, Sandoval retained $7,500 for his personal use and did not turn it into the sheriff’s department.  He returned $500 to the motorists.  Sandoval later learned that the cash belonged to the FBI and that the two motorists whom he suspected of being drug traffickers were actually undercover officers.

            On Feb. 28, 2015, Sandoval accepted $10,000 in cash to escort a load of illegal drugs through Colfax County into Colorado.  Sandoval traveled to Wagon Mound, New Mexico in his patrol car and while wearing his uniform, where he met a motorist whom he believed to be a drug trafficker.  Sandoval accepted $5,000 from the motorist.  During their conversation, the motorist displayed a box containing cocaine and Sandoval understood that the motorist was going to Colorado with the intention of selling the cocaine.  After instructing the motorist to drive a few car lengths behind him, Sandoval drove through Colfax County and into Colorado, where he again met with the motorist and received another $5,000.  Sandoval retained the $10,000 for his personal use instead of turning it into the Colfax County Sheriff’s Department.  Sandoval later learned that the $10,000 belonged to the FBI and that the motorist whom he suspected of being a drug trafficker was actually an undercover officer.  Sandoval also learned that the box displayed by the undercover officer contained two kilograms of cocaine and three kilograms of “sham” cocaine.

            Sandoval must serve four years of supervised release following his term of imprisonment.  He must also forfeit $19,500 in proceeds from his crimes. 

            The FBI investigated this case with the New Mexico State Police.  Assistant U.S. Attorney Sean J. Sullivan prosecuted the case.

ALBUQUERQUE, N.M. – Efrain Espinoza-Pena, 47, a Mexican national, was sentenced in federal court in Albuquerque yesterday to 120 months in prison for conspiracy, distribution, and possession with intent to distribute more than 33 pounds of methamphetamine.

          Espinoza-Pena pleaded guilty to these offenses on July 3, 2018. According to public court records, he conspired with three other defendants to distribute methamphetamine in New Mexico from Oct. 9, 2016, to Feb. 9, 2017. Espinoza-Pena, and his wife and co-defendant, Cordelia Louisa Espinosa, 47, delivered about one pound of methamphetamine to an undercover federal agent at a casino on Dec. 7, 2016. The conspiracy also involved a sale of 31 pounds of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime on Feb. 9, 2017.

          Another co-defendant, Hector Hugo Magana, 36, of Redwood City, California, pleaded guilty on July 20, 2018, to conspiracy and possession with intent to distribute methamphetamine. He received a sentence of 70 months in prison. Another co-defendant, Edgar Madrid-Rascon, 34, of Chihuahua, Mexico, pleaded guilty on Sept. 13, 2018, to conspiracy and distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. He is awaiting sentencing. Cordelia Espinosa previously pleaded guilty on June 14, 2018, to conspiracy and distribution of methamphetamine. She received a sentence of 36 months in prison.

          The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case. Assistant U.S. Attorneys Paul Mysliwiec and David Cowen are prosecuting the case.

ALBUQUERQUE, N.M. – Tavis Washburn, 27, of Sanostee, N.M., was sentenced on Feb. 13 in federal court in Santa Fe, New Mexico to 71 months in prison for involuntary manslaughter and child abuse in Indian Country.

           Washburn previously pleaded guilty to these offenses on July 12, 2019.  In his plea agreement, Washburn admitted to committing the offenses on the Navajo Nation in San Juan County on Feb. 15, 2018.  Washburn was speeding and driving while intoxicated with his brother and two-year-old son in the vehicle, when he crashed into another vehicle.  As a result of the crash, Washburn’s brother was killed and Washburn’s son was injured.   

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

ALBUQUERQUE, N.M. – Ricky Thomas, 52, of Gallup, N.M., was sentenced on Feb. 13 in federal court in Albuquerque to 33 months in prison for assault resulting in serious bodily injury in Indian Country.

           Thomas previously pleaded guilty to this offense on July 8, 2019.  In his plea agreement, Thomas admitted to committing the assault on the Navajo Nation in McKinley County on September 15, 2018.  Thomas pushed the victim off a porch, causing the victim to fall on his head.  As a result of the assault, the victim suffered serious spinal cord injuries and is now quadriplegic.  

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

            ALBUQUERQUE, N.M. – Mariah Ferry, 21, and Jose Torrez, 47, of Albuquerque pleaded guilty in federal court in Albuquerque today on charges relating to the kidnappings and and brutal assaults of two victims suspected of stealing drugs and money from the home of co-defendant, Chase Smothermon, 32, of Albuquerque.  Ferry pleaded guilty to kidnapping and conspiracy to kidnap, resulting in the death of J.S. Torrez pled guilty to conspiracy to kidnap, resulting in the death of J.S. On Jan. 24, Smothermon pleaded guilty to kidnapping and conspiracy to kidnap, resulting in the death of J.S.

            A grand jury previously returned a second superseding indictment on April 24, 2018, charging these three defendants with kidnapping, kidnapping resulting in death, and conspiracy to kidnap. 

            According to the defendants’ plea agreements, Smothermon, Ferry, Torrez, and other co-conspirators took part in a scheme to retaliate against two victims who they believed stole marijuana from Smothermon’s home where he resided with Ferry.  On Aug. 8, 2017, Torrez alerted Smothermon that one of the victims, J.S. was present at Torrez’s home.  Smothermon went to Torrez’s home to retaliate against J.S. and try to get his drugs and money back.  Ferry drove Smothermon to Torrez’s home where Smothermon and co-conspirators brutally beat J.S. with a baseball bat and the butt of a gun.

            Smothermon and co-conspirators then put J.S. in the trunk of Ferry’s car and bound J.S.’s hands, ankles, and mouth with tape.  Ferry drove Smothermon and J.S. to another co-conspirator’s home where J.S. died shortly thereafter. Ferry and Smothermon then mutilated J.S.’s body in a shed.  

            Later the same day, Smothermon contacted M.T. under a ruse that Smothermon wanted to buy marijuana from M.T.  When M.T. arrived at Smothermon’s home, Smothermon, Ferry and others bound, gagged and assaulted M.T. for hours. After several hours, two other co-conspirators escorted a bound and badly beaten M.T. out of Smothermon’s home and drove him to another location where M.T. was held overnight before M.T. was released.

            On Aug. 9, 2017, Ferry drove Smothermon and another co-conspirator to a rural area in New Mexico where they buried J.S.’s body in a shallow grave. 

            Ferry, Torrez, and Smothermon are in custody awaiting sentencing.  They face up to life in prison for each offense.  However, under the terms of their plea agreements, should the sentencing court accept their plea agreements, Smothermon will receive a sentence between 40 to 60 years, Ferry will receive a sentence between 30 to 40 years, and Torrez will receive a sentence of 14 years. 

            The DEA and FBI 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 is prosecuting the case.

ALBUQUERQUE, N.M. – Gaspar Leal, 49, of Albuquerque, New Mexico was sentenced yesterday in federal court in Albuquerque to 30 years (360 months) in prison after juries found him guilty of conspiracy to distribute methamphetamine at two separate trials.

            On July 12, 2016, a grand jury returned an indictment charging Leal and two others with conspiracy to distribute and distribution of 50 grams or more of methamphetamine on June 8, 2016.   On Dec. 6, 2017, a jury returned a verdict finding Leal guilty of conspiracy and not guilty of distribution.  Two co-defendants pleaded guilty in this case.  Candace Tapia, 24, of Albuquerque received a sentence of 18 months in prison for distribution of methamphetamine and Bernadette Aurora Tapia, 51, of Albuquerque received a sentence of 21 months in prison for conspiracy to distribute methamphetamine.

            On Dec. 20, 2017, a grand jury returned a separate indictment charging Leal with conspiracy to distribute 50 grams or more of methamphetamine between July 21, 2016, and Aug. 3, 2016, and distribution of 50 grams or more of methamphetamine on July 25, 2016.  On July 23, 2019, a jury found Leal guilty of conspiracy and not guilty of distribution. 

            The evidence at Leal’s trials proved he conspired with his co-defendants and others to distribute methamphetamine in Bernalillo County, New Mexico.  The evidence showed investigators from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) used an informant who initiated contact with Leal, who was employed as a barber, by posing as a customer wanting a haircut.  The evidence also showed Leal arranged drug deals by phone while in jail. 

            ATF and the Drug Enforcement Administration investigated this case.  Assistant U.S. Attorneys Norman Cairns, Kimberly Brawley, and Samuel A. Hurtado prosecuted the case.

ALBUQUERQUE, N.M. – Daniel Lowell, 36, of Pueblo, Colorado was sentenced today in federal court in Las Cruces, New Mexico to more than 37 years (449 months) in prison for carjacking resulting in death and other offenses arising from a deadly crime spree near Las Cruces in 2017.

            Lowell previously pleaded guilty on July 11, 2019, to carjacking resulting in death, carjacking, attempted carjacking, high-speed flight from an immigration checkpoint, brandishing a firearm during a crime of violence, possession of a stolen firearm, interstate transportation of a stolen motor vehicle, being a felon in possession of a firearm, and possession of unauthorized accesses devices.

            According to public court documents, Lowell took part in the crime spree with Trista Schlaefli, 32, of Colorado Springs, Colorado. Lowell approached an immigration checkpoint in a stolen vehicle and could not produce identification. A Border Patrol agent directed Lowell to secondary inspection. However, Lowell sped away with Schlaefli in the stolen vehicle driving more than 100 miles per hour.

​            After fleeing the checkpoint, one of the tires on the truck blew out.  Lowell approached another vehicle with a family inside, including two small children.  Lowell threatened the driver at gunpoint and demanded they give him their vehicle.  Lowell carjacked the vehicle and took off with Schlaefli.

​            From there, Lowell stole some spark plugs from a store that he intended to use to break into other cars. However, before Lowell could do that, police tried to pull Lowell and Schlaefli over in the stolen vehicle.  Lowell and Schlaefli took off driving recklessly and speeding with police chasing them.  During their flight, they crashed into a motorcyclist, who died from the impact of the collision.  

​            Lowell and Schlaefli continued to attempt to evade law enforcement.  Lowell tried to carjack another vehicle, but the driver resisted.  Eventually, a team of law enforcement officers stopped Lowell and Schlaefli and arrested them.  Lowell had a stolen firearm and at least fifteen stolen credit cards with him at the time of his arrest.

​            Schlaefli previously pleaded guilty on Nov.13, 2018, to carjacking resulting in death, high-speed flight from an immigration checkpoint, carjacking, attempted carjacking, aiding and abetting brandishing a firearm during a crime of violence, and possession of unauthorized access devices.  She is in custody awaiting sentencing at a future date.    

The Federal Bureau of Investigation, U.S. Border Patrol, the New Mexico State Police Department, the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the Pikes Peak Community College Campus Police, the Colorado Springs Police Department, the Pueblo Police Department, the Pueblo County Sheriff’s Office, the Fountain Police Department, and the Colorado State Patrol investigated this case.  Assistant U.S. Attorneys Marisa A. Ong and Aaron Jordan are prosecuting the case.

 

ALBUQUERQUE, N.M – Manuel Bolivar, 21, of Albuquerque, New Mexico appeared in federal court in Albuquerque today for an initial appearance on a criminal complaint charging him possession of a machine gun, possession of methamphetamine and fentanyl with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime.

             The FBI Violent Crime Task Force arrested Bolivar at his home in Albuquerque on Feb. 6 while executing a search at the residence with assistance from the Bernalillo County Sheriff’s Office.  According to the criminal complaint, Bolivar allegedly possessed more than three pounds of methamphetamine, more than eight pounds of marijuana, 96 fentanyl pills, and 155 packaged strips of suboxone, an opioid medication intended to treat drug addiction.  The criminal complaint also alleged Bolivar possessed five handguns, including two stolen pistols, more than $15,000 in cash, a bulletproof vest, and magazines and cartridges of ammunition. 

            According to the criminal complaint, the FBI also allegedly seized more ammunition and firearms from Bolivar’s home, including a Glock pistol full-auto selector switch, which would allow a user to fire several shots automatically with a single function of the trigger without manually reloading. 

            Bolivar is in custody pending preliminary and detention hearings scheduled for tomorrow.  He faces a minimum of 10 years to life in prison for methamphetamine possession, up to 20 years in prison for fentanyl possession, up to 10 years in prison for possession of a machine gun, and a consecutive sentence of a minimum of five years in prison for possession of a firearm in furtherance of a drug trafficking crime.    A criminal complaint is only an accusation.  A defendant is presumed innocent unless and until proven guilty.

           The FBI investigated this case with assistance from the Albuquerque Police Department, Bernalillo County Sheriff’s Office, and New Mexico State Police. Assistant U.S. Attorney Jaymie L. Roybal and Special Assistant U.S. Attorney Thomas A. Outler are prosecuting the case.

ALBUQUERQUE, N.M. – Kirsten Sandy, 37, an enrolled member of the Pueblo of Zuni living in Wisconsin, pleaded guilty on Feb. 5 in federal court in Albuquerque to one count of assault resulting in serious bodily injury in Indian Country.

            According to Sandy’s plea agreement, she committed the offense on Zuni Pueblo in McKinley County, New Mexico on May 1, 2014.  Sandy stabbed the victim in the chest causing a laceration to the victim’s heart requiring surgery.  The victim would have died if he had not received medical treatment.  Sandy is an enrolled member of Zuni Pueblo. 

            Sandy is out of custody awaiting sentencing on May 14, 2020.  She faces up to 10 years in prison.

            The Pueblo of Zuni Police Department investigated this case. Assistant U.S. Attorneys Nicholas Marshall and Allison Jaros are prosecuting the case.

ALBUQUERQUE, N.M. – Leon Sanchez, 31, of Bosque Farms, New Mexico was sentenced in federal court in Albuquerque on Feb. 5 to one year and one day in prison for child endangerment. 

            Sanchez pleaded guilty to this offense on July 17, 2019.  According to Sanchez’s plea agreement, he committed the offense on the Isleta Pueblo in Valencia County, New Mexico on Oct. 6, 2018.  Sanchez got out of his vehicle holding a firearm and shot in the general direction of the victim, a child less than 18-years-old.  Sanchez’s conduct endangered the child, but did not cause any bodily injury.  Sanchez is an enrolled member of Isleta Pueblo. 

            The Isleta Police Department investigated this case.   Assistant U.S. Attorney Frederick Mendenhall prosecuted the case.

ALBUQUERQUE, N.M. –Raymond Maestas, 43, of Albuquerque, New Mexico pleaded guilty in federal court in Albuquerque on Feb. 4 to charges of possession with intent to distribute five grams or more of methamphetamine, possession with intent to distribute heroin, carrying a firearm during and relation to a drug trafficking crime, and being a felon in possession of a firearm.

A grand jury indicted Maestas for these offenses on June 27, 2019.  In his plea agreement, Maestas admitted committing these offenses in Bernalillo County on Feb. 14, 2017.  He rear-ended another vehicle while driving in Albuquerque. When police came to tow his vehicle, they discovered a backpack on the rear floor board containing a semi-automatic handgun, 98.5 grams of heroin, and 48 grams of Methamphetamine. Maestas was forbidden from possessing any firearms at the time of these offenses because he was previously convicted of trafficking heroin.

Maestas is currently in custody awaiting sentencing.  He faces up to 12 to 16 years in federal prison under the terms of his plea agreement.  

            The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the assistance of the Drug Enforcement Administration, Albuquerque Police Department, New Mexico State Police, and the New Mexico Attorney General’s Office.   Assistant U.S. Attorneys Jim Tierney and Kimberly A. Brawley are prosecuting the case.

ALBUQUERQUE, N.M. – Kevin Ernest Lewis, 31, of Albuquerque, New Mexico pleaded guilty in federal court in Albuquerque on Feb. 6 to one count of assault of a minor resulting in substantial bodily injury.

           In Lewis’s plea agreement, he admitted to committing the offense on the Navajo Nation in McKinley County on May 28, 2019.  Lewis hit his girlfriend while she was holding their four-month-old daughter.  As a result of the attack, Lewis knocked the child to the ground causing the child to suffer a skull fracture and bleeding to the brain.  

           Lewis is currently in custody pending sentencing.  He will receive a sentence of 5 years in prison under the terms of his plea agreement. 

           The Navajo Nation Tribal Police Department investigated this case.   Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE, N.M.  – Senior United States District Judge Judith C. Herrera sentenced Tyrone Coriz, 49, of San Felipe Pueblo, New Mexico, in federal court in Albuquerque today to life imprisonment for aggravated sexual abuse of a child in Indian Country.

           On May 22, 2019, a federal jury returned a verdict of guilty against Coriz, following a three-day trial, on two counts of aggravated sexual abuse of a child in Indian Country. According to the evidence presented at his trial, Coriz sexually abused the victim between November 1, 2015, and December 27, 2015.  Coriz lived in the same home as the victim and other family members.   He committed these offenses at night while other household members were sleeping.  Three other victims testified that Coriz also abused them in similar ways.      

           As a repeat offender of sex offenses against minors, Coriz faced mandatory life imprisonment based on his previous conviction for another federal sex crime in 1992. 

           The Bureau of Indian Affairs and the Federal Bureau of Investigation investigated this case with assistance from the Santa Ana Police Department.  Assistant U.S. Attorneys Nicholas Marshall and Kyle Nayback prosecuted the case.  

ALBUQUERQUE, N.M. – Timothy Chischilly, 48, and Stacy Yellowhorse, 48, of Mexican Springs, New Mexico, appeared in federal court in Albuquerque on Feb. 4 for detention hearings on a criminal complaint charging them with murder.  A federal magistrate judge ordered them to remain in custody pending trial. 

            According to the criminal complaint, Chischilly and Yellowhorse allegedly committed the murder within the boundaries of the Navajo Nation, in McKinley County, in late January 2020.  The victim was allegedly beaten to death with a sledgehammer.  Chischilly and Yellowhorse are members of the Navajo Nation. 

            The FBI arrested Chischilly and Yellowhorse on February 2. They face up to life in prison if convicted of the charged offense.  A criminal complaint is only an accusation.  Defendants are presumed innocent unless and until proven guilty.

            The Gallup office of the FBI investigated this case with assistance from the Navajo Nation Police Department, the Gallup Police Department, and the New Mexico Office of the Medical Investigator.   Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE, N.M. – Brian Clayton Charles, 52, of Tucson, Arizona, was sentenced in federal court today to 18 months (542 days) in prison on five counts of mailing threatening communications to officers from the Albuquerque Police Department. 

            Charles pleaded guilty to these offenses on September 10, 2019.  In his plea agreement, Charles admitted sending threatening letters to five officers using the United States Postal Service.  Charles sent three letters on Sept. 26, 2016, and additional letters on Oct. 6, 2016, and Oct. 11, 2016.  All of these victims are Albuquerque police officers, according to a previous criminal complaint and other court documents.  Charles threatened in the letters to “cause the city residents to exterminate you vile men with their guns, and I will pile your bodies in mass graves in the city cemetery.” 

            According to the previous criminal complaint, the Environmental Protection Agency Office of the Inspector General started an investigation of Charles on Oct. 13, 2015, after he allegedly made threatening communications to EPA Administrator Regina McCarthy at her residence in Massachusetts.  The U.S. Department of State’s Diplomatic Security Service (DSS) initiated an investigation into Charles after he allegedly mailed a letter, postmarked March 24, 2016, to the home address of then Secretary of State John Kerry in Washington D.C., which threatened to harm the Secretary of State.

            Charles received 542 days credit on his sentence for time already served.  He will not serve any further time in prison. 

            DSS’s Office of Protective Intelligence Investigations and the Environmental Protection Agency’s Office of Inspector General investigated this case jointly with assistance from the U.S. Marshals Service and the Albuquerque Police Department.  Assistant U.S. Attorneys Jack E. Burkhead, Paul H. Spiers, and Kimberly A. Brawley prosecuted the case. 

            

ALBUQUERQUE, N.M – Christina Torrez, 45, of Albuquerque, New Mexico, was sentenced today in federal court in Albuquerque to 39 months in prison for conspiracy, bank fraud, aggravated identity theft, and possession of stolen mail.

Torrez previously pleaded guilty to these offenses on July 19, 2019.  According to Torrez’s plea agreement, she participated in a scheme with her husband and co-defendant, Jose Torrez, to steal mail containing credit cards, debit cards, checks, and personal information that could be used to commit more theft. Torrez and her husband accessed bank accounts using stolen identities and withdrew money from the accounts.  Torrez and her husband also used stolen credit and debit cards to buy merchandise from various stores totaling more than $10,000. They also cashed checks from multiple banks and credit unions using false identification. During the scheme, Torrez and her husband also obtained United States Postal Service uniforms, badges, and keys to assist them in stealing mail.

           Jose Torrez is currently in custody awaiting sentencing.

The United States Postal Inspection Service investigated this case with assistance from the Albuquerque Police Department, the Sandia Tribal Police, and the Laguna Pueblo Police Department. Assistant U.S Attorneys Kimberly A. Brawley and Nicholas J. Ganjei are prosecuting the case.

ALBUQUERQUE, N.M. – A federal jury in Las Cruces, New Mexico returned a verdict on January 28 convicting Dain Justin Adams, 38, of Roswell, New Mexico, of child pornography charges including distribution, receipt, and possession of sexually explicit material.

            A grand jury previously returned a fourth superseding indictment on Dec. 17, 2019, charging Adams with two counts of distribution and one count each of possession, receipt, and conspiracy to produce visual depictions of minors engaged in sexually explicit conduct.  The indictment also charged Adams with one count of traveling across state lines with the intent to commit aggravated sexual abuse.  The conduct charged in the indictment covered the period from July 3, 2012, to June 27, 2018.  The jury returned a guilty verdict convicting Adams of each count except for traveling across state lines with the intent to commit aggravated sexual abuse.

            According to public court records and trial testimony, law enforcement officers identified an internet protocol address at a residence in Roswell that was being used to access child pornography.  Officers traced this IP address to Adams’s home.  Law enforcement executed a search warrant at the location on June 27, 2018, and found child pornography on electronic devices, including computers.  The evidence at trial connected Adams to this child pornography.   

            A co-defendant in the case, Jade Tiffany Laurezo, 35, Maigao Iloilo, Philippines previously pleaded guilty on Oct. 31, 2019, to production of a visual depiction of a minor engaged in sexually explicit conduct.  Laurezo testified at trial about chat messages she exchanged with Adams discussing their plans to acquire children as sex slaves and sexually abuse these children together.  

            Adams in currently in custody awaiting sentencing.  He faces 15 to 30 years in prison for conspiracy to produce, 10 to 20 years in prison for possession, and five to 20 years in prison for distribution of visual depictions of minors engaged in sexually explicit conduct.  Laurezo is also scheduled to be sentenced at a later date. 

            The Roswell office of the FBI investigated this case with assistance from the FBI’s Las Cruces office, Homeland Security Investigations, the Chaves County Sheriff’s Department, the Las Cruces Police Department, and the Regional Computer Forensics Lab in Albuquerque.  Assistant U.S. Attorneys Marisa A. Ong and Dustin C. Segovia of the Las Cruces Branch Office are prosecuting the case.      

ALBUQUERQUE, N.M. – Richard E. Sipe, 39, of Las Vegas, Nevada was sentenced in federal court in Albuquerque on January 23 to three years (36 months) in prison for wire fraud after executing a scheme to steal money from a member of the Army by convincing her to accept worthless checks in exchange for cash.

            Sipe previously pleaded guilty to this offense on June 11, 2019.   According to public court records, Sipe met the victim at Sky City Casino near Grants, New Mexico.  Sipe gave the victim a false name and convinced her he had adequate money in the bank but had reached his limit to withdraw money from his account.  Sipe asked the victim to give him cash in exchange for checks written on his bank account.  She agreed and gave Sipe cash in exchange for checks totaling $6000 between approximately December 2017 and April 2018.  The victim withdrew the cash from an ATM.  The victim tried to deposit the checks in her bank account but the bank rejected the checks because Sipe’s account was closed.  When the victim confronted Sipe over the phone, he admitted he had been defrauding people for approximately ten years.  Sipe said he specifically targeted military members because he believed they usually had quick access to cash.

            Sipe’s sentence also included an order to pay restitution to the victim.  Sipe must also serve a three-year term of supervised release after completing his prison sentence. 

            The Bureau of Indian Affairs and New Mexico State Police investigated the case.  U.S. Attorney John C. Anderson prosecuted the case.

            ALBUQUERQUE, N.M. – Turab Lookman, 67, of Sante Fe, New Mexico, and a former scientist at Los Alamos National Laboratory, pleaded guilty in federal court in Albuquerque today to a charge of making a false statement to a government investigator about his involvement in the Thousand Talents Program, an initiative by the Chinese government to recruit people with access to and knowledge of foreign technology and intellectual property.

            A grand jury previously indicted Lookman on May 22, 2019, on three counts of making false statements to the federal government.  In his plea agreement, Lookman admitted to lying to a counterintelligence investigator from Los Alamos National Laboratory on June 6, 2018.  The investigator asked Lookman if he had been recruited by or applied for a job with the Thousand Talents Program.  Lookman knowingly made a false statement by answering “no” when he knew that he had in fact been recruited by, applied for, and been accepted for participation in the Thousand Talents Program for monetary compensation.   

            Lookman is currently out of custody awaiting sentencing.  He faces up to five years in prison and a $250,000 fine.

            The FBI investigated this case with support from the Los Alamos National Laboratory.  Assistant U.S. Attorney George C. Kraehe is prosecuting the case.

 

ALBUQUERQUE, N.M. – U.S. District Judge Judith C. Herrera sentenced Raymond Moya, 36, of Albuquerque, N.M., to life imprisonment in federal court today for his conviction on two heroin trafficking offenses, including a distribution of heroin on Aug. 12, 2011, that resulted in the death of Cameron Weiss, an 18-year-old La Cueva High School student, on Aug. 13, 2011.  A federal jury convicted Moya on May 13, 2019, following a six-day trial. 

            During this morning’s sentencing hearing, Judge Herrera sentenced Moya to 30 years of imprisonment on the heroin distribution not resulting in death charge, with the sentence to run consecutive to a 72-month sentence previously imposed in another federal drug trafficking case in 2014.  The Judge also sentenced Moya to life imprisonment on the heroin distribution resulting in the death charge.

            “The life sentence imposed in this case is a just result for a career criminal who committed the most serious kind of drug offense, distributing heroin resulting in the death of a victim,” said U.S. Attorney John C. Anderson.  “While no punishment can return Cameron Weiss to his family and friends, we hope this sentence provides his loved ones with some measure of healing.”

“This case is a sad reminder that drugs kill, and Raymond Moya’s sentencing sends a strong message that dealers will be held responsible for the death and despair that they cause, “ said DEA Special Agent in Charge Kyle W. Williamson. “DEA remains committed to working with our law enforcement partners to make our communities safer by bringing to justice those who deal drugs with a disregard for human life.”

            “The U.S. Marshals Service is proud to have been a part of this investigation, particularly in support of the victims,” said U.S. Marshal Sonya K. Chavez.  “We are committed to continuing to work diligently for safer communities and justice in our state.”

            “We appreciate the persistence of the Drug Enforcement Administration and the U.S. Attorney’s Office to ensure justice for the family of Cameron Weiss,” said APD Chief Mike Geier. “Addiction is at the heart of so many problems in our community. We have to target the predators who have no regard for the lives they are ruining.”

            During Moya’s trial, numerous witnesses testified about final week of the life of Cameron Weiss, who died of a heroin overdose on the morning of Aug. 13, 2011.  The jury learned that Mr. Weiss had been addicted to heroin for two years, after getting hooked on opiate painkillers to treat serious sports injuries sustained as a student athlete at La Cueva High School in Albuquerque. 

Mr. Weiss had spent time in rehab, but had relapsed and ended up in jail in Aug. 2011.  While in jail, Mr. Weiss learned that Moya was a source of heroin supply who could be contacted through go-betweens.  After he was released from jail on Aug. 7, 2011, Mr. Weiss contacted a go-between, who purchased heroin from Moya and delivered it to Mr. Weiss.  The following day, Mr. Weiss joined his family in California where they were vacationing; the family returned to Albuquerque on Aug. 11, 2011.  The next day, Aug. 12, 2011, Mr. Weiss met with another go-between, who purchased more heroin from Moya, including heroin which Mr. Weiss ingested over the course of the evening and into the night.  At the end of the night, a friend dropped Mr. Weiss off at home.  Mr. Weiss went into his bedroom and went to sleep; he never woke up.  A pathologist determined that Mr. Weiss died as the result of a heroin overdose.

Moya faced a mandatory sentence of life imprisonment on the heroin distribution resulting in death charge based on his status as a career criminal.  Moya’s prior criminal history included prior felony drug convictions for possession of a controlled substance, trafficking a controlled substance, and possession of marijuana with intent to distribute.

The Albuquerque office of the DEA investigated this case with assistance from the U.S. Marshals Service and the Albuquerque Police Department.  Assistant U.S. Attorneys Sean J. Sullivan, Paul Mysliwiec, and Nicholas Jon Ganjei prosecuted the case as part of the Department of Justice’s commitment in partnership with other law enforcement to combat the illegal manufacturing and distribution of methamphetamine, heroin and prescription opioids and to establish new programs to provide services to victims of the opioid crisis. 

ALBUQUERQUE, N.M.  – Matthew Ramone, 32, of Thoreau, New Mexico pleaded guilty in federal court in Albuquerque today to two charges of assault resulting in serious bodily injury.

           In Ramone’s plea agreement, he admitted to committing the offenses on the Navajo Nation in McKinley County on Oct. 16, 2019.  The assault began when Ramone struck one victim in the head with a three-foot metal bar.  When the second victim tried to stop the attack, Ramone hit the second victim with the metal bar two or three times.  Both victims suffered serious bodily injury.  Ramone is an enrolled member of the Navajo Nation. 

           Ramone is currently in custody pending sentencing.  Under the plea agreement, he faces up to 20 years in prison.   

           The Gallup office of the FBI investigated this case with the the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Allison Jaros is prosecuting the case.