District of New Mexico

ALBUQUERQUE- Josias Garcia, 25, of Columbus, N.M., was sentenced in federal court in Las Cruces, N.M., on Tuesday to 16 years in federal prison for hostage taking, transportation of illegal aliens, smuggling, drug possession, firearms, and witness intimidation offenses.

            Garcia previously pleaded guilty on February 26, 2019, to the following offenses: three counts of hostage taking; one count of conspiracy to take a hostage, three counts of conspiracy to transport illegal aliens; one count of brandishing a firearm during or in relation to a drug trafficking crime; four counts of being a felon in possession of a firearm; two counts of possession of marijuana with intent to distribute; one count of conspiracy to distribute marijuana; one count of conspiracy to smuggle goods from the United States; one count of transportation of goods intended to be smuggled; one count of attempt to smuggle goods from the United States; and four counts of tampering with a witness by intimidation or threat.

            In Garcia’s plea agreement, Garcia admitted picking up illegal aliens at the United States-Mexico border on November 6, 2017, and transporting them to a mobile home in Columbus, N.M., where he, and another person, held them as hostages for four days.  Garcia also admitted that he intimidated these hostages with threats of violence, including brandishing a firearm he was forbidden to possess because of a previous felony conviction, and demanding the families of the hostages sent money for their release. Garcia also admitted possessing marijuana at the mobile home with intent to distribute.  He also admitted traveling to El Paso, Tex., to buy firearms he intended to smuggle to Mexico. However, he did not because he encountered officers with U.S. Customs and Border Protection (CBP) as he attempted to leave the country.  Garcia also admitted trying to intimidate witnesses against him after his arrest by using threats and violence.    

            Special agents with Homeland Security Investigations investigated the case.  Assistant U.S. Attorneys Luis A. Martinez, Dustin C. Segovia, and Richard C. Williams are prosecuting the case.

ALBUQUERQUE- Josias Garcia, 25, of Columbus, N.M., was sentenced in federal court in Las Cruces, N.M., on Tuesday to 16 years in federal prison for hostage taking, transportation of illegal aliens, smuggling, drug possession, firearms, and witness intimidation offenses.

            Garcia previously pleaded guilty on February 26, 2019, to the following offenses: three counts of hostage taking; one count of conspiracy to take a hostage, three counts of conspiracy to transport illegal aliens; one count of brandishing a firearm during or in relation to a drug trafficking crime; four counts of being a felon in possession of a firearm; two counts of possession of marijuana with intent to distribute; one count of conspiracy to distribute marijuana; one count of conspiracy to smuggle goods from the United States; one count of transportation of goods intended to be smuggled; one count of attempt to smuggle goods from the United States; and four counts of tampering with a witness by intimidation or threat.

            In Garcia’s plea agreement, Garcia admitted picking up illegal aliens at the United States-Mexico border on November 6, 2017, and transporting them to a mobile home in Columbus, N.M., where he, and another person, held them as hostages for four days.  Garcia also admitted that he intimidated these hostages with threats of violence, including brandishing a firearm he was forbidden to possess because of a previous felony conviction, and demanding the families of the hostages sent money for their release. Garcia also admitted possessing marijuana at the mobile home with intent to distribute.  He also admitted traveling to El Paso, Tex., to buy firearms he intended to smuggle to Mexico. However, he did not because he encountered officers with U.S. Customs and Border Protection (CBP) as he attempted to leave the country.  Garcia also admitted trying to intimidate witnesses against him after his arrest by using threats and violence.    

            Special agents with Homeland Security Investigations investigated the case.  Assistant U.S. Attorneys Luis A. Martinez, Dustin C. Segovia, and Richard C. Williams are prosecuting the case.

ALBUQUERQUE – Tyrone D’Chaunn Nash, 35, of Lovington, N.M. was sentenced yesterday in federal court in Albuquerque, N.M., to 87 months in prison followed by 4 years of supervised release for possession with intent to distribute methamphetamine. 

            Nash previously pleaded guilty to this charge on July 2, 2018.  In Nash’s plea agreement, he admitted going to deliver 6 ounces of methamphetamine to another person in Lovington on June 19, 2018.  However, before Nash could complete the transaction, a deputy from the Lea County Sheriff’s Office stopped Nash, seized his drugs, and arrested him. 

            The U.S. Drug Enforcement Administration and the Lea County Drug Task Force investigated this case.  The Las Cruces Branch Office prosecuted the case as part of the Organized Crime Drug Enforcement Task Force (OCDETF), a national program consisting of nine regions, which operates across federal, state and national boundaries. The various federal agencies within OCDETF work through their respective coordinators and arrive at decisions by consensus. The United States Attorney's Office for the District of New Mexico is a member district of the Southwest Border Region, which covers Southern California, Arizona, New Mexico, Texas and Oklahoma. 

            The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the New Mexico High Intensity Drug Trafficking Areas (HIDTA) Region VI Drug Task Force. The HIDTA program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Ernest Bewanika, 63, an enrolled member and resident of Zuni Pueblo, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 18 years of imprisonment for sexually abusing a child under the age of 12 years of age.  Bewanika will be on supervised release for five years after completing his prison sentence.  He also will be required to register as a sex offender.

Bewanika was arrested on April 3, 2018, on a two-count indictment charging him with sexually abusing a child under the age of 12 years on two occasions.

In Sept. 2018, Bewanika pled to a felony information charging him with two counts of abusive sexual contact.  In his plea agreement, Bewanika admitted to sexually abusing a minor under the age of 12 years in locations within the Zuni Pueblo in McKinley County, N.M.   Bewanika admitted that he engaged in sexual contact with the victim between Nov. 2014 and Nov. 2015, and again between Nov. 2015 and Jan. 2016.

            The case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department.  Assistant U.S. Attorney Elisa C. Dimas prosecuted this case as part of 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/.

ALBUQUERQUE – A grand jury sitting in Albuquerque, N.M., has indicted Lyle Ryan Begaye, 42, an enrolled member of the Navajo Nation from Arizona, on an assault resulting in serious bodily injury charge. 

            The indictment alleges that Begaye assaulted a female victim on June 1, 2019, in Indian Country in Bernalillo County, N.M.  Begaye was arraigned on the indictment on Aug. 13, 2019, in federal court in Albuquerque, and entered a not guilty plea.  Yesterday, a U.S. Magistrate Judge ordered Begaye detained pending trial based on judicial findings that Begaye poses a danger to the community and a risk of flight.

            Begaye initially was charged on June 3, 2019, in a criminal complaint which alleged that Begaye beat the victim approximately thirty times with a closed fist.  According to the criminal complaint, the victim allegedly suffered four broken ribs and two fractured lumbar vertebrate in her spine as the result of the assault.  The criminal complaint alleged that Begaye committed the crime on June 1, 2019, in To’hajiilee, which is located on the Navajo Indian Reservation in Bernalillo County, N.M.

On June 27, 2019, Begaye was indicted by a federal grand jury.  The FBI arrested Begaye in Phoenix, AZ, on July 23, 2019, and the U.S. District Court for the District of Arizona ordered the U.S. Marshals Service to transport Begaye to New Mexico to face the charge in the indictment.

If convicted on the charge in the indictment, Begaye faces a statutory maximum penalty of ten years of imprisonment.  Charges in criminal complaints and indictments are only accusations.  Defendants are presumed innocent unless and until proven guilty.

            The Albuquerque office of the FBI investigated this case, with assistance from the U.S. Marshals Service.  Assistant U.S. Attorney Thomas J. Aliberti is prosecuting the case.

ALBUQUERQUE – Harold Lee Redhouse, Jr., 29, an enrolled member of the Navajo Nation from Coyote Canyon, N.M., was sentenced today in federal court in Albuquerque, N.M., to 18 years of imprisonment for sexually abusing two children under the age of 12 years.  Redhouse will be on supervised release for ten years after completing his prison sentence.  He also will be required to register as a sex offender.

            The FBI arrested Redhouse in Jan. 2018, on a criminal complaint following an investigation that was initiated in summer 2017, based on a referral from the Navajo Nation Division of Social Services, which reported allegations that Redhouse had sexually abused two children under the age of 12 years.

In Feb. 2019, Redhouse pled to a felony information charging him with two counts of abusive sexual contact.  In his plea agreement, Redhouse admitted to sexually abusing two minors under the age of 12 years in locations within the Navajo Indian Reservation in McKinley County, N.M.  Redhouse admitted to abusing one victim between June 2008 and June 2009, and the second victim in May 2017.

            The case was investigated by the Gallup office of the FBI with assistance from the Navajo Nation Division of Social Services.  Assistant U.S. Attorney Elisa C. Dimas prosecuted this case as part of 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/.

ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., returned an indictment yesterday charging Eli Frank Woody, 25, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., with federal assault and firearm charges arising out of a July 18, 2019 drive-by shooting that injured two Navajo children. 

The three-count indictment charges Woody with two counts of assault resulting in serious bodily injury to a child, and discharging a firearm during a crime of violence.  According to the indictment, Woody assaulted and seriously injured two minor children on July 18, 2019, in Indian County in McKinley County, N.M.  The indictment also alleges that Woody used and discharged a firearm to assault the two minor victims, causing them to suffer serious bodily injury.  Woody is scheduled to be arraigned on the indictment on Aug. 21, 2019, in federal court in Albuquerque. 

Woody was arrested on July 24, 2019, on federal charges arising out of the July 18, 2019 incident which were set forth in a criminal complaint that was filed on July 19, 2019.  According to the criminal complaint, on July 18, 2019, Woody allegedly fired a shotgun from a vehicle, in which he was a passenger, into a residence, injuring two Navajo children who were inside the residence.  The residence was located in Crownpoint, which is located within the Navajo Indian Reservation.  The complaint stated that the children were transported to a hospital for medical care and survived the shooting.

Woody has been released to a halfway house under pretrial supervision pending trial, which has yet to be scheduled. 

If convicted on the charges in the indictment, Woody faces up to ten years on each of the assault charges, and a mandatory minimum of ten years and a maximum of life imprisonment on the firearms charge that must be served consecutive to any sentence imposed on the assault charges. 

Charges in criminal complaints and indictment are only allegations.  Defendants are presumed innocent unless and until proven guilty.

The Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety investigated the case, which is being prosecuted by Assistant U.S. Attorney David P. Cowen.

ALBUQUERQUE – Galvan L. Betonie, 25, an enrolled member of the Navajo Nation who resides in Smith Lake, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 216 months of imprisonment for his conviction on two aggravated child sexual abuse charges.

            Betonie previously pleaded guilty to the two charges on April 18, 2019.  In his plea agreement, Betonie admitted committing the crimes in Indian Country in McKinley County, N.M., on Nov. 18, 2016.  According to the plea agreement, Betonie sexually abused a child who had not attained the age of twelve years.

            The case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Novaline D. Wilson prosecuted the case as part of 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/.

ALBUQUERQUE – Joshua Daniel Vaughn, 31, of Roswell, N.M., made his initial appearance today before a U.S. Magistrate Judge in federal court in Roswell on a criminal complaint charging him with being a user of controlled substances illegally in possession of firearms and making destructive explosive devices.  Vaughn was ordered temporarily detained pending a preliminary hearing and a detention hearing, which have yet to be scheduled, but will be held in federal court in Las Cruces, N.M.

            The charges against Vaughn were announced by U.S. Attorney John C. Anderson, Special Agent in Charge Jeffrey C. Boshek III of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Roswell Police Chief Philip Smith, and New Mexico State Police Chief Tim Johnson.

            According to the criminal complaint, the investigation into Vaughn was initiated on Aug. 5, 2019, after the Roswell Police Department (RPD) received a tip about a man, later identified as Vaughn, who allegedly was observed loading multiple firearms into a vehicle.  The tipster reportedly was concerned because the man allegedly was wearing latex gloves and camouflage.   Acting on the tip, RPD officers executed a traffic stop on a vehicle driven by Vaughn.  During the traffic stop, the RPD officers allegedly recovered seven firearms from Vaughn and the vehicle, and verified with the New Mexico Department of Health that Vaughn was authorized to use medical marijuana.

            The criminal complaint alleges that on Aug. 5, 2019, officers from the New Mexico State Police (NMSP) Bomb Squad conducted a consensual search of Vaughn’s residence where they allegedly observed multiple explosive devices in a bedroom allegedly used by Vaughn.  On Aug. 6, 2019, ATF obtained a federal search warrant for Vaughn’s residence, which was executed by ATF and the NMSP Bomb Squad.  During the execution of the search, ATF and the NMSP Bomb Squad allegedly imaged multiple homemade improvised explosive devices, which they rendered safe.  The agents and officers also allegedly seized three more firearms and ammunition while executing the search warrant. 

            ATF arrested Vaughn on Aug. 5, 2019, following the traffic stop and execution of the consensual search at Vaughn’s residence. 

If convicted on the offenses in the criminal complaint, Vaughn faces a statutory maximum of ten years of imprisonment on the firearms possession charge, and a statutory maximum of ten years of imprisonment on the explosive devices charge.  Charges in criminal complaints are merely accusations.  Defendants are presumed innocent unless found guilty beyond a reasonable doubt.

            The investigation of this case, which is continuing, is being handled by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Roswell Police Department, and the New Mexico State Police Bomb Squad.  Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s office in Las Cruces is prosecuting the case. 

ALBUQUERQUE – Augustin Gallegos, 34, of Portales, N.M., made his initial appearance in federal court in Roswell, N.M., yesterday on an indictment charging him with production of child pornography.  Gallegos remains in federal custody pending arraignment and a detention hearing, both of which are scheduled for August 13, 2019, in federal court in Albuquerque, N.M.

A federal grand jury sitting in Albuquerque returned an indictment against Gallegos under seal on July 25, 2019.  The indictment was unsealed after the FBI arrested Gallegos earlier today.

The indictment charges Gallegos with persuading, inducing, enticing, and coercing a child under the age of 18 years to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.  According to the indictment, Gallegos committed the crime between March 2018 and May 2019, in Roosevelt County, N.M.

At the time of his arrest on the federal indictment, Gallegos was in state custody on related state charges filed by the 9th Judicial District Attorney’s Office.  The state charges will be dismissed in favor of federal prosecution.

If convicted of the charge in the indictment, Gallegos faces a statutory mandatory minimum of 15 years and a maximum of 30 years of imprisonment.  Charges in indictments are only accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law. 

The case was investigated by the Roswell and Albuquerque offices of the FBI and the Regional Computer Forensic Laboratory with assistance from the Texico (New Mexico) Police Department, the Portales Police Department, and the 9th Judicial District Attorney’s Office.  Assistant U.S. Attorney Sarah J. Mease is prosecuting the case as part of 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/.

ALBUQUERQUE – Yesterday a U.S. Magistrate Judge sitting in Albuquerque, N.M., ordered Terry Demetri Tsethlikai, 26, a member of Zuni Pueblo who resides in Black Rock, N.M., detained pending trial on an indictment charging him with manslaughter and assault charges.  Tsethlikai previously entered a not guilty plea to the three-count indictment on July 24, 2019.

            A federal grand jury indicted Tsethlikai on June 27, 2019, and charged him with voluntary manslaughter, assault resulting in serious bodily injury, and assault with a dangerous weapon.  According to the indictment, Tsethlikai allegedly unlawfully killed a male victim during a sudden quarrel; assaulted a female victim, causing her to suffer serious bodily injury; and assaulted a second male victim with a knife. The indictment alleges that Tsethlikai committed the three offenses in Indian Country in McKinley County, N.M., on November 23, 2018. 

Tsethlikai was arrested by the U.S. Marshals Service on July 22, 2019, at the Zuni Detention Center, where he was in custody on related tribal charges.

If convicted, Tsethlikai faces up to fifteen years of imprisonment on the manslaughter charge, and up to ten years of imprisonment on each of the two assault charges.  Charges in indictments are only allegations.  A defendant is presumed innocent unless and until proven guilty.

The Gallup office of the FBI investigated this case with assistance from the Pueblo of Zuni Tribal Police Department and the U.S. Marshals Service.  Assistant U.S. Attorney Thomas J. Aliberti is prosecuting the case.

ALBUQUERQUE – Benedict Anthony Sena, 59, a member and resident of Acoma Pueblo, N.M., pleaded guilty in federal court in Albuquerque, N.M., on July 30, 2019, to a felony information charging him with two counts of abusive sexual contact of children under the age of 12 years.  Sena was remanded into federal custody after entering his guilty plea.

Sena was arrested on Aug. 1, 2016, on an indictment that charged him with aggravated sexual abuse.  According to the indictment, Sena sexually assaulted two children under the age of 12 years between Jan. 1, 2016 and Feb. 15, 2016, in Indian Country in Cibola County, N.M.

Sena entered his guilty plea under a plea agreement in which he admitted committing the two crimes charged in the felony information in Acoma Pueblo between Jan. 1, 2016 and Feb. 15, 2016.  In his plea agreement, Sena admitted touching the two child victims, both under the age of 12 years, on their groins and buttocks to arouse and gratify his sexual desire.

Sena will remain in custody pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Sena faces a statutory maximum penalty of life imprisonment, and will be required to register as a sex offender.

The Acoma Agency of the BIA’s Office of Justice Services investigated this case with assistance from the Acoma Pueblo Tribal Police Department.   Assistant U.S. Attorney Michael Murphy is prosecuting the case.

ALBUQUERQUE – Stanton Sanchez, 31, a member and resident of Zuni Pueblo, N.M., appeared in federal court in Albuquerque, N.M., yesterday, for an arraignment on an indictment charging him with two counts of assault of a minor resulting in serious bodily injury.  Sanchez entered a not guilty plea to the indictment, and was ordered detained pending trial which has yet to be scheduled.

            The two-count indictment, which was filed on July 27, 2019, alleges that Sanchez assaulted a male child and a female child, causing both to sustain serious bodily injuries.  The indictment alleges that Sanchez committed the crimes in Indian County in McKinley County, N.M., on July 22, 2018.

            The U.S. Marshals Service arrested Sanchez on the federal indictment on July 22, 2019, at the Zuni Adult Detention Center of the Zuni Department of Corrections, where Sanchez was in custody on related tribal charges.

            Sanchez faces a mandatory minimum of ten years and a maximum of life imprisonment if convicted on the charges in the indictment.  Charges in an indictment are only allegations.  A defendant is presumed innocent unless and until proven guilty.

            The Zuni Pueblo Tribal Police Department investigated this case, with assistance from the U.S. Marshals Service.   Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE – A federal grand jury has indicted a Laguna Pueblo man on charges of aggravated assault of an intimate partner by strangulation or suffocation and domestic assault by a habitual offender. 

Patrick Valencia, 49, of Laguna Pueblo, N.M., made his initial appearance on the two-count indictment in federal court in Albuquerque, N.M., yesterday.  Valencia was arraigned on the federal charges this morning and entered a not guilty plea.  Also during this morning’s court proceedings, Valencia was ordered detained pending trial.

            According to the indictment and other court records, Valencia allegedly committed the crimes charged in the Pueblo of Laguna in Cibola County, N.M., on August 5, 2018.  On that day, Valencia allegedly assaulted his intimate partner by strangling and suffocating her.  At the time, Valencia previously had been convicted of domestic assaults in the Tribal Court for the Pueblo of Laguna Pueblo court on four prior occasions.  

            The U.S. Marshal’s Service arrested Valencia on July 17, 2019, at the Pueblo of Laguna Detention Facility where he was being held on related trial charges.

            If convicted, Valencia faces up to ten years of imprisonment on the assault of an intimate partner by strangulation or suffocation charge, and up to five years on the domestic assault by an habitual offender charge.  Charges in indictments are only allegations.  A defendant is presumed innocent unless and until proven guilty.

            The BIA Office of Justice Services investigated this case with assistance from the Pueblo of Laguna Tribal Police Department and the U.S. Marshals Service.   Assistant U.S. Attorney Michael Murphy is prosecuting the case.

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict yesterday against Gaspar Leal, 49, of Albuquerque, on methamphetamine trafficking charges today after a two-day trial before U.S. District Judge James O. Browning.  The verdict was announced by First Assistant U.S. Attorney Fred J. Federici and Special Agent in Charge Monique Y. Villegas of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Leal and co-defendants Daniel Carmona, 32, and Luis Arreola-Palma, 25, both also of Albuquerque, originally were indicted in Aug. 2016.  The indictment charged the three defendants with conspiracy to distribute methamphetamine, and Carmona alone with two methamphetamine trafficking offenses and using a firearm in furtherance of a drug trafficking crime.  Arreola-Palma pled guilty to a methamphetamine charge in July 2017, and he was sentenced to 48 months of imprisonment in Oct. 2017.  Carmona pled guilty to a firearms charge in Dec. 2017, and was sentenced to 60 months of imprisonment in March 2018.

In Dec. 2017, a federal grand jury filed a three-count superseding indictment charging Leal with conspiracy to distribute methamphetamine and two counts of aiding and abetting the distribution of methamphetamine.  According to the superseding indictment, Leal committed the crimes between July 21, 2016 and Aug. 3, 2016, in Bernalillo County, N.M. 

Trial of Leal on the three-count superseding indictment began on July 22, 2019.  The trial concluded on the evening of July 23, 2019, when the jury a verdict of guilty on the conspiracy charge, and of acquittal on the two distribution charges.

            The evidence at trial established that in May 2016, the ATF initiated an undercover investigation into Leal, who was self-employed as a barber, and used an informant to assist in the investigation.  Working under the direction of ATF Special Agents, the informant contacted Leal to schedule a haircut appointment, and at Leal’s invitation, went to Leal’s apartment on May 7, 2016, where he met Leal for the first time.

            Trial evidence established that on July 21, 2016, Leal, who was in custody in connection with another federal case, called the informant to set up a methamphetamine deal.  On July 24, 2016, Leal and Arreola-Palma, both of whom were in custody, called the informant and asked the informant to call Carmona to arrange a methamphetamine deal.  During the call, Leal provided the informant with Carmona’s phone number.  On July 25, 2016, the informant called Carmona to arrange the methamphetamine deal.  On July 25, 2016, the informant and an undercover ATF Special Agent purchased methamphetamine from Carmona.

The evidence presented to the jury included testimony from the informant and an ATF Special Agent, the recorded telephone conversations, and the methamphetamine Carmona sold to the informant and the undercover ATF Special Agent at the direction of Leal. 

Leal has been in federal custody since Oct. 2016, and will remain detained pending his sentencing hearing in this case, which has yet to be scheduled.  Leal also is pending sentencing for a conviction on a methamphetamine trafficking charge in another federal case.  A sentencing hearing in that case has yet to be scheduled. 

At sentencing in this case, Leal faces a mandatory minimum of ten years and a maximum of life imprisonment, and in his other case, Leal faces a mandatory minimum of five years and a maximum of 40 years of imprisonment.  Based on his prior criminal convictions, Leal faces enhanced sentencing exposure under the applicable sentencing guidelines.

This case was investigated by the Albuquerque office of ATF with assistance from the DEA in Albuquerque, and is being prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Norman Cairns.

ALBUQUERQUE – Alton Jay Cowboy, 50, an enrolled member of the Navajo Nation who resides in Las Cruces, N.M., was sentenced today in federal court in Santa Fe, N.M., for his conviction for violating the Sex Offender Registration and Notification Act (SORNA).  Cowboy was sentenced to six-days of time already served in custody followed by five years of supervised release with special conditions, which include that he reside in a halfway house for up to 90-days; register as a sex offender, and have no contact with minor children. 

SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.

Cowboy was charged by indictment on Feb. 27, 2018, with violating SORNA by failing to update his sex offender registration from April 4, 2017 through Dec. 27, 2017, in Bernalillo County, N.M.  On April 5, 2018, Cowboy pled guilty to the indictment without the benefit of a plea agreement.

This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.

ALBUQUERQUE – Duane Aaron Skeet, 49, an enrolled member of the Navajo Nation who resides in Chichiltah, NM, was sentenced yesterday in federal court in Albuquerque, NM for his conviction on a felony child abuse charge.  Skeet was sentenced to 18 months in federal prison followed by a year of supervised release for endangering the lives and health of 25 Navajo children who were under his care while he was operating a school bus under the influence of alcohol.

Skeet previously pleaded guilty to this child abuse offense on March 26, 2019.  In his plea agreement, Skeet admitted that on the afternoon of Sept. 24, 2018, while he was employed as a school bus driver by the Bureau of Indian Education, he consumed alcohol before arriving for work at the Chi Chi Tah Jones Ranch School, which is located on the Navajo Indian Reservation.  Skeet acknowledged that he was intoxicated as he drove away from the school in a school bus with 25 Navajo children, ranging from five to 12 years in age, on board. 

According to court records, due to Skeet’s intoxicated state, the school bus swerved from side to side on the roadway.  Skeet continued driving the school bus in a damaged condition after hitting an embankment; almost flipped the bus while taking a sharp turn at a high rate of speed; and almost drove off a bridge near a canyon.  At times, children were thrown back and forth inside of the bus, although none suffered bodily harm.  Skeet’s bus route lasted almost 1 hour and covered approximately twenty-five miles with eight stops along at which children were dropped off, fortunately without injury.

The Window Rock office of the Navajo Nation Division of Public Safety investigated this case with the assistance of the McKinley County Sheriff’s Office and the New Mexico State Police.  Assistant U.S. Attorney David P. Cowen prosecuted the case.

ALBUQUERQUE – Leon Sanchez, 30, a member of Isleta Pueblo who resides in Bosque Farms, N.M., pleaded guilty in federal court in Albuquerque today to a charge of felony child endangerment under a plea agreement with the U.S. Attorney’s Office.

            In his plea agreement, Sanchez admitted committing the crime in Isleta Pueblo on Oct. 6, 2018, by discharging a firearm in the general direction of a child under the age of 18.  Although the child was unharmed, Sanchez admitted that his reckless actions placed the child in a situation that endangered the child’s life or health.

            Sanchez is currently on pretrial release pending a sentencing hearing, which has yet to be scheduled.  He faces up to a three-year term of imprisonment. 

            The Isleta Pueblo Tribal Police Department investigated this case, which is being prosecuted by Assistant U.S. Attorney Frederick Mendenhall.

ALBUQUERQUE – Tavis Washburn, 27, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pleaded guilty in federal court in Albuquerque on July 12, 2019, to charges of involuntary manslaughter and child abuse in Indian Country. 

            In his plea agreement, Washburn admitted committing these crimes in San Juan County on Feb. 15, 2018.  Washburn was driving drunk and speeding on a highway when he crashed his car into a truck turning onto the road.  The impact of the crash killed the passenger in the front passenger seat of Washburn’s vehicle.  Washburn’s reckless conduct also endangered Washburn’s 2-year-old son, who was a passenger in the vehicle.  The crash occurred within the Navajo Indian Reservation.

                 Washburn currently is in out of custody pending sentencing.  Under the terms of the plea agreement, Washburn faces 71 to 120 months of imprisonment when he is sentenced.  A sentencing date has not been scheduled.

            The case was investigated by Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.

ALBUQUERQUE – Marybeth Jiron, 56, of Isleta Pueblo, N.M., pleaded guilty in federal court in Albuquerque today to charges of assaulting two federal officers.

            A grand jury returned an indictment against Ms. Jiron on Feb. 27, 2019, charging her with two counts of assaulting federal officers of the Bureau of Indian Affairs, with the assaults involving physical contact.  According to the indictment and other court records, Ms. Jiron committed the offenses in Bernalillo County on Jan. 31, 2019. Specifically, Ms. Jiron threw a lit cigarette at one officer, hitting the officer in the eye. Ms. Jiron then hit and pushed a second officer. At the time of the assaults, both officers were engaged in the performance of their official duties.

            Ms. Jiron has been released pending sentencing, which has yet to be scheduled.  She faces up to eight years in prison. 

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

ALBUQUERQUE – Tavor Tom, 18, of Shiprock, N.M. appeared in federal court today on a criminal complaint charging him with murder in Indian Country. 

According to the criminal complaint, Tom allegedly committed this offense on July 1, 2019.  He went to the victim’s home and stabbed her repeatedly with a knife.   The victim died at the scene.  Tom stole the victim’s automobile and fled the residence.  Police later found him after he crashed the vehicle. 

The FBI arrested Tom on July 5, 2019.  He appeared in court today for a detention hearing where the judge ordered him to remain in custody pending trial.  He faces up to life in prison if convicted.  A criminal complaint is only an allegation.  A Defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The FBI investigated this case with the Navajo Nation Criminal Investigation Section and the McKinley County Sheriff’s Office.  Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case. 

The Department of Justice today reached a settlement under the Americans with Disabilities Act (ADA) with Sandoval County, New Mexico, to ensure that the County’s polling places are accessible during elections to individuals with mobility and vision impairments.  

The Department of Justice surveyed and assessed the County’s voting program for compliance with the ADA. The Department’s survey identified architectural barriers at County polling places, including inaccessible parking, ramps that were too steep, and doorways with thresholds that were too high. Under the ADA, counties that conduct local, state, or federal elections may not select polling places that are inaccessible during elections to individuals with disabilities. The County is home to thirteen Pueblos and Tribal Entities, and one dozen County polling places are located on tribal lands.

Under the terms of the settlement agreement, Sandoval County will begin remediating its voting program in time for its next election. To make its selected polling places accessible, the County will employ temporary measures, such as portable ramps, signage, and propped open doors, as well as certain permanent changes, such as paved parking and ramps. In addition, the County will train its poll workers on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible during elections. The County will also survey polling locations for accessibility and maintain the accessibility of each polling place it uses on Election Day. When selecting future polling places, the agreement requires the County to select locations that will be accessible during elections. The Department of Justice will monitor the County’s compliance with the agreement and provide the County with technical assistance. 

“This agreement reflects the Department’s continued commitment, through its ADA Voting Initiative, to ensuring that every eligible voter with a disability has an equal opportunity to vote in person at his or her local polling place,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “This fundamental right secures participation in our democracy and must not be diminished or restricted by barriers to access. We commend the County’s commitment to guaranteeing that eligible voters with disabilities have equal access to the polls.”

“A disability should never stand as an impediment to a citizen exercising the fundamental right to vote in our democracy,” said U.S. Attorney John C. Anderson. “This settlement ensures polling places in Sandoval County will be accessible to all eligible voters.”

This settlement is part of the Department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places. Through this Initiative, the Department of Justice has surveyed more than 1,600 polling places and increased polling place accessibility in more than 35 jurisdictions, including Coconino County, Arizona; McKinley County, New Mexico; Harris County, Texas; Chicago, Illinois; and Richland County, South Carolina.

For more information about the ADA and today’s agreement, please visit http://www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

ALBUQUERQUE – Sharon A. Moore, 64, and Susan K. Harris, 72, of Albuquerque, N.M. pleaded guilty in federal court this week to 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. 

Both defendants pleaded guilty to charges previously filed against them in a superseding indictment returned on December 5, 2017.  Moore pleaded guilty on July 9 and Harris pleaded guilty on July 11.  In their plea agreements, Moore and Harris admitted to conspiracy, mail fraud, aggravated identity theft, money laundering, and conspiracy to commit money laundering.  According to their plea agreement, Moore acted as chief financial officer of Ayudando and Susan Harris acted as president.  They engaged in a 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.  They wrote and endorsed numerous checks, often of more than $10,000, from these comingled accounts to themselves, family members, cash, and other parties where payment would benefit their families.  Moore also tried to conceal her criminal activity in reports to the Veterans Administration for fiduciary clients.  She falsified bank statements and annual reports to disguise the theft of money from client accounts. 

Moore and Harris are currently out of custody pending sentencing.  Each faces a mandatory term of two years imprisonment at sentencing.  Moore could be sentenced up to 20 years in prison under the terms of her plea agreement, while Harris’ plea agreement does not place an upper limit to the length of imprisonment possible at sentencing.  They have also agreed to forfeit assets and funds derived from their offenses and to pay restitution to the victims. 

The superseding indictment also charged Harris’s husband, William S. Harris, 58, and her son, Craig M. Young, 53.  William Harris pleaded guilty on June 25, 2019, to conspiracy to defraud the United States and commit money laundering.  Young is scheduled to go to trial September 23, 2019.  Charges in an indictment are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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 VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation.  Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.

ALBUQUERQUE – Two men from McKinley County, N.M., have pleaded guilty in federal court in Albuquerque to a charge of kidnapping in Indian Country

            A grand jury returned an indictment against Preston John, 24, of Gallup, N.M., and Brandon Largo, 27, of Crownpoint, N.M, on February 13, 2019.  The indictment charged them with participating in a kidnapping on the Navajo Nation on September 3, 2018. 

            According to their plea agreements, these two defendants and a co-defendant, Adrianne Cellicion, were traveling as passengers in an automobile driven by the victim.  They ordered the victim to an area behind a building where Largo put a chain around the victim’s neck and choked the victim.  Cellicion taped the victim’s hands together.  They blindfolded the victim and restrained the victim’s hands and legs.  John held the victim’s neck and took the victim’s cell phone.  They also tied the victim to a tree with John’s belt before fleeing the scene.     

            John pleaded guilty on July 5, 2019, and Largo pleaded guilty on July 9, 2019.  They are both in custody and face up to life in prison.   A jury previously convicted Cellicion of kidnapping and carjacking on June 5, 2019.

            The Gallup, N.M., office of the FBI, the Gallup Police Department, and the Navajo Nation Department of Public Safety investigated this case.  Assistant U.S. Attorneys Michael D. Murphy and Frederick Mendenhall are prosecuting the case.

ALBUQUERQUE – Nathanial Atencio, 24, of Counselor, N.M., pleaded guilty in federal court in Albuquerque today to a charge of sexual abuse of a minor in Indian Country.

            A grand jury previously returned an indictment against Atencio on January 29, 2019.  According Atencio’s plea agreement, he committed this crime in Sandoval County sometime between November 1, 2016, and November 8, 2016.  Atencio engaged in a sexual act with a 14-year-old girl who became pregnant and gave birth to a child.  Atencio is an enrolled member of the Navajo Nation where this crime occurred.    

            Atencio is currently out of custody pending sentencing.  He faces up to 15 years in prison.

            The Farmington office of the FBI investigated this case.  Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE – Daniel Lowell, 35, of Pueblo, Colo, pleaded guilty in federal court in Las Cruces today to carjacking resulting in death and other offenses stemming from a crime spree in Doña Ana and Luna Counties on November 27, 2017.  

​            According to court records and statements made on the record in court, Lowell took part in the crime spree with Trista Schlaefli, 32, of Colorado Springs, Colo.  It began at an immigration checkpoint on Interstate 10.  Lowell approached the 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 November 13, 2018, to an indictment charging her with 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 awaiting sentencing at a future date.

​            On June 19, 2019, a federal grand jury in Las Cruces returned a second superseding indictment against Lowell.   Today, he pleaded guilty to all charges including carjacking resulting in death, attempted carjacking,  high-speed flight from an immigration checkpoint, brandishing a firearm during a crime of violence, possession of a stolen firearm, transportation of a stolen vehicle, being a felon in possession of a firearm, and possession of unauthorized access devices.  

​            Lowell is currently in custody.  At sentencing, he faces up to life in prison for carjacking resulting in death, 15 years in prison for attempted carjacking, 5 years in prison for flight from an immigration checkpoint, 7 year in prison for brandishing a firearm, 10 years in prison for possession of a stolen firearm, 10 years in prison for transportation of a stolen vehicle, 10 years in prison for being a felon in possession of a firearm, and 10 years in prison for possession of an unauthorized access device.

​            The Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 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 – Michael Yonnie, 28, of Winslow, Ariz., was sentenced in federal court on Monday to 20 years in prison on two counts of second-degree murder in Indian Country.

            Yonnie previously pleaded guilty to this offense on March 20, 2019.   According to his plea agreement, he committed the murders on July 18, 2014.  Yonnie became upset when he saw the first victim with his mother.  Yonnie confronted the first victim with a knife and stabbed the first victim to death.   Yonnie then went to the second victim’s home, where he pulled a knife and stabbed the second victim fatally.   Law enforcement officers arrested Yonnie when he returned home a short time later.  

            The Albuquerque office of the FBI investigated this case with the Navajo Nation Police Department.  Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case.

ALBUQUERQUE – Donald Tolbert, 50, of Albuquerque, N.M., pleaded guilty Monday in federal court to 12 counts of distribution, receipt, and possession of videos and images containing child pornography in violation of federal law.

            According to Tolbert’s plea agreement, he committed these offenses between July 17, 2012, and September 20, 2012.  During that time, Tolbert sent and received numerous images and videos of child pornography by email.  Tolbert then transferred several of those pornography images and videos between his multiple email accounts.  Tolbert also stored videos and images of child pornography on his mother’s computers.  Tolbert committed these offenses after being previously convicted in New Mexico state court of two counts of criminal sexual contact with a minor under the age of 13.

            Tolbert is currently in custody pending sentencing where he faces a term of imprisonment in the range of 30 to 35 years (360 to 420 months).  

            The Albuquerque office of Homeland Security Investigations, Federal Bureau of Investigation, New Mexico Attorney General’s Office, New Mexico State Probation and Parole, and the New Mexico Regional Computer Forensics Laboratory investigated this case.  Assistant U.S. Attorneys Kristopher N. Houghton and Alexander M. Uballez are prosecuting the case.

ALBUQUERQUE – Nathan Thomas, 43, an enrolled member of the Navajo Nation who resides in Pueblo Pintado, N.M., was arraigned in federal court in Albuquerque, N.M., on July 16, 2019, on an indictment charging him with three counts of aggravated sexual abuse and one count of abusive sexual contact.  Thomas was ordered detained pending trial during a detention hearing held this morning.

            Thomas was indicted by a federal grand jury on June 12, 2019, and the FBI arrested him on July 11, 2019. 

According to the indictment, Thomas allegedly engaged in or attempted to engage in a sexual act with a child under the age of 12 years on three occasions between 2007 and 2010, and allegedly had sexual contact with the child one occasion during the same time period.  The indictment alleges that Thomas committed the crimes in Indian Country in San Juan County. 

            Thomas faces up to life in prison if convicted of the charged offenses.  Charges in indictments are only allegations.  A defendant is presumed innocent unless and until proven guilty.

            The Gallup office of the FBI investigated this case.   Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE – Ricky Thomas, 51, of McKinley County, N.M., pleaded guilty today in federal court to an indictment charging him with assault resulting in serious bodily injury in Indian Country. 

            In Thomas’s plea agreement, he admitted committing this offense in McKinley County on September 15, 2018.  Thomas pushed the victim off a porch causing the victim to fall to the ground and hit his head on some cinderblocks.   Thomas’s assault caused the victim serious injury, including fractures and other spinal cord injuries.   The victim is now quadriplegic.  Thomas is a member of the Navajo Nation and committed the offense in Indian Country.

            Thomas is currently in custody awaiting sentencing.   He faces from 30-33 under the terms of his plea agreement. 

            The FBI investigated this case.  Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE – Peter Fitzpatrick, 44, of Byron Center, Mich., was sentenced in federal court on Monday to five years of probation and 40 hours of community service for stalking a former co-worker. 

            Fitzpatrick previously pleaded guilty to stalking on March 1, 2019.  In his plea agreement, he admitted to stalking the victim with angry and confrontational telephone calls, emails, and text messages from February 1, 2016, to September 1, 2017.  In these communications, Fitzpatrick also objected to the U.S. Fish and Wildlife Service’s management of the Mexican Grey Wolf Recovery Program based in Albuquerque.

            Fitzpatrick’s communications placed his former co-worker in reasonable fear of death or serious physical injury.  Fitzpatrick also made comments about his former co-worker’s daughter expected to cause emotional distress.        

            The U.S. Fish and Wildlife Service, Office of Law Enforcement and United States Postal Inspection Service investigated this case.  Assistant U.S. Attorney Letitia C. Simms prosecuted the case.

ALBUQUERQUE – Francisco Javier Palillero, 28, Holloman Air Force Base, Alamogordo, New Mexico, was sentenced in federal court in Las Cruces yesterday to 121 months in prison for Sexual Abuse, committed against a civilian employee at Holloman Air Force Base.

A jury convicted Palillero of this offense on December 5, 2018, after a three day trial. The evidence at trial showed that on April 27, 2018, the victim and her fiancé were next-door neighbors to Palillero, on Holloman Air Force Base. On that date, the victim and her fiancé went to Palillero’s house for a barbeque. At approximately 10:00 p.m., the victim left the barbecue, returned home, and went to sleep in her bedroom with the bedroom door closed, while her fiancé remained at the barbecue.

At approximately 2:00 a.m, on April 28, 2018, Palillero, who was highly intoxicated, followed the victim’s fiancé back to the victim and her fiancé’s home. While the victim’s fiancé sat in the living room, Palillero snuck down a hallway leading to the victim’s bedroom, where she was sleeping. While the victim was sleeping and without her consent, Palillero kissed the victim’s face, rubbed her breasts, traced the outline of her underwear, moved her underwear to the side, rubbed her genital area roughly, and then digitally penetrated her vagina.

When the victim woke up, Palillero told her, “Don’t say anything” and then left the bedroom. The victim then charged out of her bedroom and punched Palillero multiple times in the face, knocking him to the floor.   

The case was investigated by the Las Cruces FBI office and Holloman Air Force Base Security Forces. The case was prosecuted by Assistant U.S. Attorneys Matilda M. Villalobos and Mark A. Saltman.

ALBUQUERQUE – Patricio Saborio Fierro, 29, of Deming, N.M., appeared in federal court in Las Cruces, N.M., on Wednesday on a charge of possessing a firearm and ammunition as a convicted felon.

            A grand jury returned an indictment on June 19, 2019, charging Fierro with one count of being a felon in possession of a firearm and ammunition.   According to the indictment, Fierro knowingly possessed the firearm and ammunition after he was previously convicted of the felony offense of possession with intent to distribute marijuana.

The FBI arrested Fierro in Las Cruces on Tuesday.  Fierro is currently in custody awaiting a detention hearing next Tuesday, July 2.  He faces up to 10 years in prison if convicted of this offense.  An indictment is only an accusation.  A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The Las Cruces office of the FBI investigated this case with assistance from the Deming Police Department.   Assistant U.S. Attorney Maria Y. Armijo of the Las Cruces Branch Office

ALBUQUERQUE – Kevin Ernest Lewis, 31, of Casamero Lake, N.M., appeared in federal court in Albuquerque today on charges of assault and child abuse resulting serious bodily injury to his daughter in Indian Country.

According to a criminal complaint, Lewis committed the offenses on May 28, 2019.  He allegedly got into a fight with his girlfriend while driving back from a casino.  Lewis beat his girlfriend with his fists and choked her.  When he later got out of the car, she moved into the driver’s seat and drove home without him.

Lewis went to his girlfriend’s house where her mother tried to stop him from coming inside.  Lewis responded by punching her mother and knocking her to the ground.  Lewis then attacked his girlfriend again while she was holding their 4-month-old daughter in her arms.  Lewis pulled his girlfriend outside of the house and knocked her to the ground causing their daughter to hit her head on concrete.  Lewis kicked the child repeatedly as his girlfriend tried to shield her with his body.  The child suffered a fractured skull and cerebral hemorrhage. 

Lewis is currently in custody.  He faces up to 10 years in prison if convicted of assault resulting in serious bodily injury and 18 years in prison if convicted of child abuse.  A criminal complaint is only an accusation.  A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt at trial.

The Navajo Nation Department of Criminal Investigations investigated this case.  Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.

ALBUQUERQUE – William S. Harris, 58, of Albuquerque, N.M. pleaded guilty in federal court yesterday to conspiracy to defraud the United States and to commit money laundering 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. 

Harris pleaded guilty to charges in a superseding indictment previously filed on December 5, 2017.  The superseding indictment also charged his wife, Susan K. Harris, 72, his stepson, Craig M. Young, 53, and another co-owner of the business, Sharon A. Moore, 64, with various financial crimes, including conspiracy, mail fraud, aggravated identity theft, and money laundering.

In Harris’s plea agreement, he admitted to acting in concert with his co-defendants to cheat the United States government out of money and property from November 2006 to July 2017.  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, Harris, and their co-conspirators.  Harris specifically admitted receiving, endorsing, and depositing dozens of checks drawn on Ayudando accounts for his own personal benefit. 

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

The terms of Harris’s plea agreement require him to serve 84 months in prison.  He also agreed to forfeit assets and funds derived from his offenses and to pay restitution to the victims.  The other three co-defendants are scheduled to go to trial on September 23, 2019.  Charges in indictment are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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 VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation.  Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.

 James Baldinger, 51, a former private prisoner transport officer with the Prisoner Transportation Services of America LLC. (PTS), pleaded guilty today in federal court in Albuquerque, New Mexico, to one count of violating the civil rights of a female in his custody whom he sexually assaulted during a transport.

According to court documents, Baldinger worked as a transport officer for PTS, a private prisoner extradition company that contracts with government agencies to transport individuals arrested on out-state-warrants to the extraditing jurisdiction. On or about July 11-12, 2017, during a transport from Kentucky to Bernalillo County, New Mexico, Baldinger sexually assaulted a female who was in his custody. Specifically, he touched her while she was restrained and without her consent. As a result of Baldinger’s conduct, the victim suffered pain and injury. Baldinger admitted that he knew what he was doing was wrong and against the law, yet he did so anyway. 

“The Department of Justice will not tolerate officers who abuse their positions of power to sexually assault individuals in their custody,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to vigorously prosecute these cases and secure justice for victims of these despicable crimes.”

“This defendant exploited his authority over this vulnerable victim and deprived her of her Constitutional rights,” said U.S. Attorney John C. Anderson. “Today’s guilty plea demonstrates that the U.S. Attorney’s Office will hold those who violate prisoners’ civil rights accountable to the fullest extent of the law.”     

The defendant was remanded into custody when he entered his guilty plea.

This case is being investigated by the Albuquerque Division of the FBI and the New Mexico State Police. It is being prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Civil Rights Division of the U.S. Department of Justice, as well as Assistant United States Attorney Shaheen Torgoley, formerly of the District of New Mexico and Assistant United States Attorney Kimberly Brawley, of the District of New Mexico.

WASHINGTON – James Baldinger, 51, a former private prisoner transport officer with the Prisoner Transportation Services of America LLC. (PTS), pleaded guilty today in federal court in Albuquerque, New Mexico, to one count of violating the civil rights of a female in his custody whom he sexually assaulted during a transport.

            According to court documents, Baldinger worked as a transport officer for PTS, a private prisoner extradition company that contracts with government agencies to transport individuals arrested on out-state-warrants to the extraditing jurisdiction. On or about July 11-12, 2017, during a transport from Kentucky to Bernalillo County, New Mexico, Baldinger sexually assaulted a female who was in his custody. Specifically, he touched her while she was restrained and without her consent. As a result of Baldinger’s conduct, the victim suffered pain and injury. Baldinger admitted that he knew what he was doing was wrong and against the law, yet he did so anyway. 

            “The Department of Justice will not tolerate officers who abuse their positions of power to sexually assault individuals in their custody,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to vigorously prosecute these cases and secure justice for victims of these despicable crimes.”

“This defendant exploited his authority over this vulnerable victim and deprived her of her Constitutional rights,” said U.S. Attorney John C. Anderson. “Today’s guilty plea demonstrates that the U.S. Attorney’s Office will hold those who violate prisoners’ civil rights accountable to the fullest extent of the law.”     

The defendant was remanded into custody when he entered his guilty plea.

This case is being investigated by the Albuquerque Division of the FBI and the New Mexico State Police. It is being prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Civil Rights Division of the U.S. Department of Justice, as well as Assistant United States Attorney Shaheen Torgoley, formerly of the District of New Mexico and Assistant United States Attorney Kimberly Brawley, of the District of New Mexico.

ALBUQUERQUE – James Christopher Benvie, 44, of Albany, Minn., appeared in federal court today for an initial appearance on an indictment returned by a grand jury in New Mexico charging him with two counts of false personation of an officer or employee of the United States. 

The grand jury returned the indictment on Wednesday alleging Benvie committed these offenses in Doña Ana County on April 15, 2019 and April 17, 2019.  Benvie made his initial appearance today in the United States District Court for the Western District of Oklahoma after the FBI with the assistance of the Logan County Sheriff’s Office arrested him in Guthrie, Okla.  He is scheduled for a detention hearing on Tuesday afternoon and will be transported to the District of New Mexico for prosecution. 

Benvie faces up to 3 years in prison if convicted.  An indictment is only an accusation.  A defendant is presumed innocent until proven guilty. 

The FBI investigated this case.  Assistant U.S. Attorneys Renee L. Camacho and Randy Castellano of the Las Cruces Branch Office are prosecuting the case.    

ALBUQUERQUE – Ronnie Tiznado, 46, of Dulce, N.M., appeared in federal court on Wednesday on charges of assaulting his wife on the Jicarilla Apache Nation Indian Reservation. 

Tiznado is charged by criminal complaint with assault resulting in serious bodily injury and assault of a spouse by strangling, suffocating, or attempting to strangle or suffocate.  According to the complaint, Tiznado sent threatening text messages to his wife while she was working at a store on June 1, 2019.  In these text messages, Tiznado threatened to kill the victim and beat her to death.  Early the next morning, Tiznado located her at Stone Lake, a community near Dulce, N.M.  Tiznado pulled her from her car by the hair and hit, kicked, and choked her.  The victim suffered a broken nose and severe bleeding and swelling to her face with one of her eyes swollen shut.    She also suffered bruises, scratches, and redness on her neck, arms, ribs, back, and chest, all requiring treatment at a hospital in Farmington.

Tiznado is currently out of custody awaiting trial.  He faces up to 10 years in prison if convicted of these offenses.  A criminal complaint is only an accusation.   A defendant is presumed innocent until proven guilty.

The Farmington office of the FBI investigated this case.  Assistant U.S. Attorney Frederick T. Mendenhall III is prosecuting the case.    

ALBUQUERQUE – Lisa Dawn Curry, 48, formerly of Red River, N.M., pleaded guilty in federal court yesterday to 2 counts of failure to file tax returns reporting income she earned from her business. 

According to Curry’s plea agreement, she operated a company in Red River, N.M.  She used money from the company’s operating account to pay her own personal expenses.  Under federal tax law, she needed to file income tax returns in 2012 and 2013 because she earned more than the minimum gross income.  However, Curry did not file returns for those years although she knew of the filing requirement because she properly filed returns in previous years.       

Curry is out of custody awaiting sentencing at a future date.   She faces a sentence of 5 years’ probation and has agreed to pay restitution in an estimated amount of $72,840.   

The Internal Revenue Service Criminal Investigation investigated this case with assistance from the New Mexico Taxation and Revenue Department, the Red River Marshal’s Office, and 16th Judicial Circuit State Attorney’s Office in Key West, Fla.  Assistant U.S. Attorney Holland S. Kastrin is prosecuting the case.

ALBUQUERQUE – Ethan Guillen, 20, of Albuquerque, N.M., pleaded guilty in federal court yesterday to charges stemming from an incident in 2017 where he entered his former girlfriend’s home without permission and planted a bomb underneath her bed.

A grand jury previously indicted Guillen for possession of an unregistered destructive device and malicious attempt to destroy property by means of fire or explosives.  According to court documents, Guillen entered his former girlfriend’s apartment home on May 18, 2017.  The victim and her family were away from home attending a graduation.  Guillen secretly placed an improvised explosive device under the victim’s bed consisting of a pressure cooker with black powder, napalm, and shrapnel such as nuts, and bolts inside.  Guillen connected the device to a timer and electrical outlet.  He set the device to explode early the next morning.  However, the device did not explode as scheduled.  Several days later,  the victim found the device under her bed. The victim’s mother partially disassembled the device and alerted police. 

Guillen is currently in custodypending sentencing at a future date.The offense of possession of the unregistered destructive device carries a sentence of up to 10 years in prison, while Guillen’s attempt to destroy property carries a sentence of from 5 to 20 years in prison. 

The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with assistance from the Albuquerque Police Department.  Assistant U.S. Attorneys Howard R. Thomas and David M. Walsh are prosecuting the case.

ALBUQUERQUE – Wayne Martin, 47, of Cochiti Pueblo, N.M., was sentenced in federal court Wednesday to 37 days in prison for violating the Migratory Bird Treaty Act by shooting and killing at least two dozen protected birds and selling them to an undercover federal agent.

Martin previously pleaded guilty to this offense on January 5, 2017.  According to court documents, he admitted to killing robins, hummingbirds, hawks, and other species.  He then failed to appear in court for his original sentencing hearing and stayed away for 21 months before agents arrested him.

The U.S. Fish and Wildlife Service investigated this case with assistance from the Bureau of Indian Affairs.  Assistant U.S. Attorney Jeremy Peña prosecuted the case.

ALBUQUERQUE – Aurelius Jamal Eddie, 18, and Julian C. Silversmith, 42, both from the area of Gallup, N.M. appeared in federal court on June 10, 2019, on charges of robbery for interfering with commerce by threats or violence and discharging a firearm during a crime of violence in Indian Country. 

According to a criminal complaint and statements in court, Eddie and Silversmith committed these offenses with other people in Vanderwagen, N.M. on April 18, 2019.  Eddie allegedly went inside a store with two other people.  At least two of them had pistols.  They pointed the guns and yelled at other people inside the store.  Eddie shot at the ceiling.  Then they left the store with stolen alcohol.  Silversmith provided Eddie with the gun used in the robbery.         Eddie and Silversmith are currently in custody pending trial.  They face up to 20 years in prison if convicted of the robbery offense and from 10 years to life in prison if convicted of the firearm offense.  Criminal complaints are only allegations and defendants are presumed innocent until proven guilty. 

The FBI investigated this case.  Assistant U.S. Attorney Allison Jaros is prosecuting the case. 

ALBUQUERQUE – James Highfield, 64, of Albuquerque, N.M., was sentenced in federal court on June 4, 2019, to 330 months in prison on six counts of production of visual depictions of children engaged in sexually explicit conduct. 

Highfield previously pleaded guilty to these offenses on February 22, 2019.  In his plea agreement, he admitted using his cellular telephone to take sexually explicit photographs of three children less than 18 years old from September 22, 2017, to October 15, 2017.  Highfield committed these offenses although he was required to register as a sex offender based on prior convictions for other sexual offenses.   

Homeland Security Investigations and the Bernalillo County Sheriff’s Office investigated this case with the Second Judicial District Attorney’s Office.  Assistant U.S. Attorney Sarah Mease prosecuted the case as part of 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Harry Jim, Jr., 36, of Fruitland, N.M., pleaded guilty in federal court yesterday to assault resulting in serious bodily injury in Indian Country.

            In Jim’s plea agreement, he admitted driving while intoxicated and causing a vehicle collision within the Navajo Nation.  The victim of the collision suffered a broken finger and leg. 

 Jim is currently in custody/out of custody awaiting sentencing.  He faces up to 10 years in prison.     

The Farmington office of the FBI investigated this case.  Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case.

ALBUQUERQUE – Ricky Martinez, 27, of Chimayo, N.M., pleaded guilty in federal court on June 13, 2019, to assault resulting in serious bodily injury in Indian Country.

In Martinez’s plea agreement, he admitted committing this offense in Rio Arriba County on September 2, 2017.  Martinez assaulted the victim by stabbing him with a knife in the face, neck, chest, and back causing extreme pain.  The assault happened within the boundaries of Ohkay Owingeh Pueblo.  The victim is an Indian.  Martinez is not an Indian.

Martinez is currently in custody awaiting sentencing.  He faces 41 to 51 months in prison.        

The Santa Fe office of the FBI investigated this case with the Ohkay Owingeh Police Department.  Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.

ALBUQUERQUE – Marybeth Jiron, 56, of Isleta Pueblo, N.M., appeared in federal court yesterday on charges of assaulting a federal officer in Indian Country.

A grand jury returned an indictment on February 27, 2019, charging Jiron with two counts of assault upon a federal officer involving physical contact within the boundaries of the Pueblo of Isleta.  According to documents filed in court, police responded to an emergency call on January 31, 2019, reporting that Jiron was walking in and out of traffic on a highway.  When officers arrived, they found Jiron yelling and belligerent.  Jiron threw a cigarette lighter at one of the officers, hitting the officer in the leg.   Jiron also flicked a burning cigarette in the officer’s eye.  When a second officer tried to intervene, Jiron hit the second officer in the face, bruising the officer’s cheek.  Jiron is an enrolled member of the Pueblo of Isleta.      

Jiron is currently in custody pending trial.  She faces up to 8 years in prison if convicted.   Indictments are only accusations.  A defendant is presumed innocent until proven guilty.

The Pueblo of Isleta Police Department investigated this case.  Assistant U.S. Attorney Allison Jaros is prosecuting the case.

ALBUQUERQUE – Lori V. Whitaker, 56, formerly of Carlsbad, N.M., was sentenced in federal court yesterday to 18 months in prison for wire fraud.  She was also ordered to pay restitution for the loss to her employer in Otis, N.M., of approximately $816,000.      

Whitaker previously pleaded guilty to this offense on May 2, 2018.  In her plea agreement, she admitted to committing this crime while employed as office manager for the Otis Mutual Domestic Water Consumers and Sewage Works Association in Otis, N.M.  Whitaker misused a credit card intended to pay business expenses by making personal charges and taking cash advances at various casinos in New Mexico and elsewhere.  Whitaker would pay the bills for these fraudulent charges by transferring money from her employer’s checking account.  

The Las Cruces resident agency of the FBI investigated this case with the Internal Revenue Service and Eddy County Sheriff’s Office.   Assistant U.S. Attorney Richard C. Williams and former Assistant U.S. Attorney John Balla prosecuted the case.  

ALBUQUERQUE – Lori V. Whitaker, 56, formerly of Carlsbad, N.M., was sentenced in federal court yesterday to 18 months in prison for wire fraud.  She was also ordered to pay restitution for the loss to her employer in Otis, N.M., of approximately $816,000.      

Whitaker previously pleaded guilty to this offense on May 2, 2018.  In her plea agreement, she admitted to committing this crime while employed as office manager for the Otis Mutual Domestic Water Consumers and Sewage Works Association in Otis, N.M.  Whitaker misused a credit card intended to pay business expenses by making personal charges and taking cash advances at various casinos in New Mexico and elsewhere.  Whitaker would pay the bills for these fraudulent charges by transferring money from her employer’s checking account.  

The Las Cruces resident agency of the FBI investigated this case with the Internal Revenue Service and Eddy County Sheriff’s Office.   Assistant U.S. Attorney Richard C. Williams and former Assistant U.S. Attorney John Balla prosecuted the case.  

ALBUQUERQUE – Five members of the Syndicato New Mexico prison gang were sentenced to life in prison this week in federal court in Las Cruces, N.M. after juries convicted them in 2018 of committing murder in aid of racketeering.

            These defendants were previously charged along with 17 others for murder and other offenses in a superseding indictment.  Several of those charged went to trial while others pleaded guilty.  On March 12, 2018, a jury found Anthony Ray Baca, 55, of Albuquerque, N.M., and Carlos Herrera, XX, of XXX. N.M., guilty of conspiracy to commit murder and murdering a person identified as J.M. on March 7, 2014.   The jury also found Baca guilty of conspiracy to murder a person identified as D.S. and another person identified as G.M.

On May 25, 2018, a separate jury found Joe Gallegos, 48, of Los Lunas, N.M., Billy Garcia, 63, of Albuquerque, N.M., and Arturo Arnulfo Garcia, 38, of Denver, Colo., guilty of multiple offenses.  In particular, the jury found Joe Gallegos and Billy Garcia guilty of murdering a person identified as F.C. on March 26, 2001.  The jury also found Joe Gallegos guilty of conspiracy to commit murder and murdering a person identified as A.B. on November 12, 2012.  The jury also found Garcia guilty of murdering a person identified as R.G. on March 26, 2001.  The jury also found Arturo Arnulfo Garcia guilty of murdering F.S. on June 17, 2007.

On June 12, 2019, Baca was sentenced to life in prison for the murder of J.M., and to XXX for conspiracy to murder J.M. and conspiracy to murder D.S. and G.M.

On June 11, 2019, Herrera was sentenced to life in prison for the murder of J.M. and to 120 months in prison for conspiracy to murder J.M.  Herrera must serve these sentences consecutively to sentences previously imposed against him in the Second Judicial District Court of New Mexico.

On June 11, 2019, Gallegos was sentenced to life in prison for murdering F.C. and A.B. and to 120 months in prison for conspiring to murder A.B.  Billy Garcia was sentenced to life in prison for murdering F.C. and R.G.  Arthuro Arnulfo Garcia was sentenced to life in prison for murdering F.S.  

Other defendants in this case have also been sentenced.  In particular, Chris Garcia, 43, of Albuquerque, N.M. pleaded guilty on January 25, 2018, to conspiracy to murder G.M and being a felon in possession of a firearm.  He also pleaded guilty in separate cases to racketeering conspiracy, distribution of cocaine and heroin, and possession with intent to distribute heroin.  Garcia received a total sentence of 30 years in prison.   

Daniel Sanchez, 46, of Albuquerque, was found guilty along with Baca and Herrera for conspiring to murder and murdering J.M.  He received a sentence of XXX.  Edward Troup, 44, of Albuquerque, N.M., was found guilty along with Arturo Arnulfo Garcia of murdering F.S. Troup received a sentence of XXX.  Andrew Gallegos, XX, of XXX, N.M. was found guilty along with Joe Gallegos of conspiracy to murder and murdering A.B.  He received a sentence of XXX.

This case was investigated by the Albuquerque office of the FBI with assistance from the New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correction Center, Albuquerque Police Department, U.S. Marshals Service, and the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI divisions.  Assistant U.S. Attorneys of the U.S. Attorney’s Office for the District of New Mexico are prosecuting the case.