District of New Mexico

ALBUQUERQUE – Jordan Sandoval, 34, an enrolled member and resident of San Felipe Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.  Sandoval entered his guilty plea without the benefit of a plea agreement.

Sandoval was arrested in April 2018, on an indictment charging him with assaulting a woman, resulting in serious bodily injury.   According to the indictment, Sandoval committed the offense on the San Felipe Pueblo in Sandoval County, N.M.

Sandoval was remanded into custody after entering his guilty plea and will remain detained pending his sentencing hearing.  At sentencing, Sandoval faces a maximum statutory penalty of ten years in federal prison.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Sandoval County Sheriff’s Office.   Assistant U.S. Attorney Joseph M. Spindle is prosecuting the case. 

ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., has indicted Jany Leveille, 35, Siraj Ibn Wahhaj, 40, Hujrah Wahhaj, 37, Subhanah Wahhaj, 35, and Lucas Morton, 40, on firearms and conspiracy charges, announced U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division. 

The indictment, which was filed this afternoon, charges the five defendants, residents of a compound in Amalia, in Taos County, N.M., with conspiring knowingly to provide an alien illegally and unlawfully in the United States, possession of firearms and ammunition.  The indictment also charges Leveille, a Haitian national illegally and unlawfully in the United States, with possession of firearms and ammunition.

The conspiracy charge alleges that the defendants conspired to provide Leveille, an alien unlawfully in the United States, with firearms and ammunition from at least Nov. 2017 through Aug. 2018.  The indictment alleges that, as part of the conspiracy, the defendants transported firearms and ammunition from Georgia to New Mexico in Dec. 2017.  The indictment further alleges that, between Dec. 2017 and Aug. 2018, the defendants established a training camp and firing range in Taos County, where they stored firearms and ammunition and engaged in firearms and tactical training as part of their common plan to prepare for violent attacks on government, military, educational, and financial institutions.

The FBI arrested the defendants on Aug. 31, 2018, on a federal criminal complaint that charged Leveille with being an alien unlawfully in possession of firearms and ammunition.  The complaint also charged Leveille’s four co-defendants with aiding and abetting her in committing the offense, and with conspiring with her to commit the offense. 

The defendants are scheduled to appear in federal court in Albuquerque at 1:00 pm, tomorrow, Sept. 12, 2018, to be arraigned on the indictment and for detention hearings.

 If convicted on the conspiracy charge, the five defendants each face a statutory penalty of five years of imprisonment.  If convicted on the firearms charge, Leveille faces a statutory maximum penalty of ten years of imprisonment and deportation upon completion of her sentence.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The Albuquerque Division of the FBI investigated the case, with the assistance of the U.S. Department of Homeland Security, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Taos County Sheriff’s Office, and the 8th Judicial District Attorney’s Office.  Assistant U.S. Attorneys George C. Kraehe and Kimberly A. Brawley are prosecuting the case.

Leveille Indictment

ALBUQUERQUE – Danielle Glotfelty, 32, of Albuquerque, N.M., pleaded guilty this morning in federal court to a production of child pornography charge.  Danielle Glotfelty entered the guilty plea under a plea agreement that recommends that she be sentenced to an 18-year term of imprisonment followed by at least five years of supervised release.  Danielle Glotfelty also will be required to register as a sex offender after she completes her prison sentence.

The FBI charged Danielle Glotfelty in a criminal complaint filed on June 6, 2017, with producing child pornography in April 2014, in Bernalillo County, N.M.  According to the complaint, the Albuquerque Police Department (APD) initiated an investigation into Danielle Glotfelty’s co-defendant Christopher Glotfelty, 36, also of Albuquerque, in May 2017, after receiving information and evidence supporting allegations that Christopher Glotfelty produced child pornography of himself engaging in sexual activity with two minor victims.  The complaint alleged that images of child pornography were contained in four thumb drives, two memory sticks, and a camera that allegedly belonged to Christopher Glotfelty. 

Danielle Glotfelty and Christopher Glotfelty subsequently were charged with child pornography offenses in a six-count indictment filed on July 11, 2017.  The indictment charged Danielle Glotfelty and Christopher Glotfelty with producing child pornography on March 5, 2014.  It also charged Christopher Glotfelty with producing child pornography on April 29, 2014, and possessing child pornography on two thumb drives and a memory stick within a camera on May 11, 2017.  According to the indictment, the defendants committed the crimes in Bernalillo County.

During today’s proceedings, Danielle Glotfelty pled guilty to one count of producing child pornography.  In entering the guilty plea, Danielle Glotfelty admitted that in March 2014 and April 2014, she aided and abetted Christopher Glotfelty in producing child pornography involving a seven-year-old child.  Danielle Glotfelty’s plea agreement recommends that she serve her federal sentence concurrently with any prison sentence imposed in the state case in which she is being prosecuted on related state charges. 

On July 25, 2018, Christopher Glotfelty pled guilty to one count of producing child pornography and one count of possessing child pornography.  In entering the guilty plea, Christopher Glotfelty admitted that on March 5, 2014, he used a digital camera to produce child pornography of a seven-year-old child, and saved the video recording on a memory stick within the digital camera.  Christopher Glotfelty also admitted that from 2014 through May 2017, he possessed a thumb drive that contained approximately 297 images and nine videos of child pornography.  Under the terms of his plea agreement, Christopher Glotfelty will be sentenced to 25 years of imprisonment followed by 15 years of supervised release.  Christopher Glotfelty will also be required to register as a sex offender after he completes his prison sentence.

Danielle Glotfelty and Christopher Glotfelty have been in federal custody since their arrests and will remain detained pending their sentencing hearing, which have yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI and the APD.  Assistant U.S. Attorney Jonathon M. Gerson 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 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 – Jesus Manuel Almanza, 23, of Albuquerque, N.M., pled guilty yesterday in federal court to a bank robbery charge.  Almanza entered the guilty plea without the benefit of a plea agreement.

The FBI arrested Almanza in April 2018, on a criminal complaint charging him with robbing the Wells Fargo bank branch located at 7827 4th Street NW, in Albuquerque on April 24, 2018.  According to the complaint, Almanza jumped over the teller station in the bank, demanded money, opened the bank teller’s drawer, and took its contents.  Almanza then stole money from another bank teller before casually walking out of the bank and departing the area in a vehicle.

According to the complaint, the Bernalillo County Sheriff’s Office (BCSO) was able to obtain a residential address in Albuquerque, based on the registered owner of the vehicle in which Almanza left the scene of the bank robbery.  Later that day, BCSO deputies arrested Almanza at the Albuquerque residence.  Thereafter, the FBI executed a consensual search at the residence with the homeowner’s consent and seized a large sum of cash and found the vehicle in the garage.      

Almanza was indicted on May 9, 2018, and was charged with bank robbery on April 24, 2018, in Bernalillo County, N.M. 

Almanza was remanded into custody after entering his guilty plea; he will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Almanza faces a statutory maximum penalty of 20 years in federal prison and a $250,000 fine. 

This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorney Howard Thomas is prosecuting the case.

ALBUQUERQUE – Candy May Gonzales, 34, of Canutillo, Texas, entered a guilty plea today in federal court in Las Cruces, N.M., to cocaine trafficking charges arising from the seizure of 4.06 kilograms (8.95 pounds) of cocaine at the U.S. Border Patrol Checkpoint near Las Cruces.  Immediately following the change of plea hearing, Gonzales was sentenced to 37 months in prison followed by four years of supervised release.

The DEA arrested Gonzales and co-defendant Carlos Ivan Todd, 31, also of Canutillo, Texas, in Oct. 2017, on a criminal complaint charging them with possession of 4.0 kilograms of cocaine with intent to distribute in Dona Ana County, N.M.  According to the complaint, U.S. Border Patrol agents arrested Todd and Gonzales at the U.S. Border Patrol Checkpoint on I-25 near Las Cruces after the agents seized three bundles of cocaine concealed in the vehicle in which Todd and Gonzales were traveling. 

Gonzales subsequently was indicted and charged with participating in a cocaine trafficking conspiracy from Aug. 2017 through Oct. 8, 2017, and possessing cocaine with intent to distribute on Oct. 8, 2017.  According to the indictment, Gonzales committed the offenses in Dona Ana County. 

During today’s proceedings, Gonzales pled guilty to a felony information charging her with conspiracy and possession of cocaine with intent to distribute.  In entering the guilty plea, Gonzales admitted that on Oct. 8, 2017, she and her co-defendant drove a vehicle containing approximately 4.06 kilograms of cocaine hidden in a compartment in the vehicle into the U.S. Border Patrol Checkpoint on I-25 north of Las Cruces.  Gonzales further admitted that she and her co-defendant agreed with others to drive the cocaine from El Paso, Texas to Albuquerque, N.M., where the drugs would be distributed further.

On Jan. 4, 2018, Todd pled guilty to similar charges, and was sentenced on May 16, 2018.

This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol.  Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Aris Jaramillo, 36, a non-Indian man residing in the Village of Encinal, in the Pueblo of Laguna, N.M., was sentenced today in federal court in Albuquerque, N.M., to one year of probation for his conviction on a child abuse charge.

Jaramillo was arrested in Aug. 2017, on a criminal complaint charging him with child abuse on Aug. 13, 2017, on the Laguna Pueblo in Cibola County, N.M.  According to the complaint, Jaramillo struck a Laguna Pueblo child on the head repeatedly.

On March 27, 2018, Jaramillo pled guilty to an information charging him with child abuse.  In entering the guilty plea, Jaramillo admitted that on Aug. 13, 2017, he became upset and hit the victim several times in the head and left red marks on the victim’s head. 

This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Laguna Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.

ALBUQUERQUE – Orrin K. McLeod, D.O., a family practitioner licensed to practice medicine in the state of New Mexico, has paid $300,000 to resolve allegations under the civil False Claims Act that he submitted, or caused to be submitted, claims for payment for services and prescriptions under federal healthcare programs while he was out of the country.  The $300,000 payment also resolves allegations under the Controlled Substances Act that Dr. McLeod left signed, but otherwise blank, prescriptions for use by other healthcare providers while McLeod was out of the country. 

Dr. McLeod made the payment pursuant to a settlement with the U.S. Department of Justice and the Office of the New Mexico Attorney General based on an investigation by the DEA’s Tactical Diversion Squad.

In announcing the settlement, U.S. Attorney John C. Anderson said, “Healthcare professionals hold positions of trust in our community, and the privilege of writing prescriptions for controlled substances comes with great responsibility. The integrity of our healthcare system and the well-being of our citizens depend upon the proper exercise of this privilege. My office will vigorously pursue allegations that this privilege has been abused for private gain.”

“Healthcare professionals cannot be allowed to fraudulently take funds that are meant to be used for New Mexicans’ healthcare needs,” said New Mexico Attorney General Hector Balderas.  “New Mexican families can rest assured that our office is continually working with all federal and state entities, to achieve a safer, more prosperous State, and a reliable healthcare system that will last citizens years into the future.”

“The penalties levied against Dr. McLeod sends the message, to medical professionals who endanger the safe and legal dispensation of pharmaceutical drugs, that they will be investigated and sanctioned to the fullest extent of the law,” stated Kyle Williamson, DEA El Paso Division Special Agent in Charge.

Dr. McLeod is a New Mexico healthcare service provider with offices in Moriarty, Edgewood and Cedar Crest, N.M. The United States and the State of New Mexico contend that he submitted, or caused to be submitted, claims for payment to the Medicare, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program. 

With respect to the False Claims Act allegations, the United States and State of New Mexico contend that, Dr. McLeod submitted claims for services to these programs while he was out of the country on various dates between May 21, 2012 and May 6, 2015.  They further contend that Dr. McLeod submitted or caused to be submitted claims for prescription medications when he was out of the country on various dates between May 19, 2012 and Jan. 6, 2018. 

With respect to the Controlled Substances Act allegations, the United States contends that in July 2013, while he was out of the country, Dr. McLeod left signed, but otherwise blank, prescriptions in his office for use by healthcare workers to write prescriptions for controlled substances.

The settlement amount, $300,000, which was paid by Dr. McLeod earlier today, includes $53,724.04 in restitution, the amount the United States and the State of New Mexico contend was improperly claimed by Dr. McLeod.  The balance, $246,275.96, represents penalties paid by Dr. McLeod under the False Claims Act and Controlled Substances Act.

The settlement is the result of a coordinated effort by Assistant U.S. Attorneys Michael H. Hoses and Ruth F. Keegan of the Civil Division of the U.S. Attorney’s Office, Assistant Attorneys General John Grubesic and Emily Luke of the Office of the New Mexico Attorney General, and the Tactical Diversion Squad of the DEA office in Albuquerque.

DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.

Claims settled by this agreement are allegations only.  There have been no admissions of liability by Dr. McLeod.

ALBUQUERQUE – Morris Mora, 30, of Albuquerque, N.M., was sentenced this morning in federal court to 96 months in prison followed by three years of supervised release for violating the federal firearms laws by being a felon in possession of a firearm and ammunition.  Mora was ordered to serve his federal sentence consecutive to a seven-year sentence previously imposed on a related state conviction in the 2nd Judicial District Court for the State of New Mexico. 

Mora, whose criminal history includes convictions for aggravated assault with a deadly weapon, aggravated assault on a peace officer with a deadly weapon, and aggravated fleeing from a law enforcement officer, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.

Mora was charged by criminal complaint on Aug. 7, 2017, with being a felon in possession of a firearm and ammunition.  According to the complaint, officers of the Albuquerque Police Department (APD) arrested Mora on state charges, including a related firearms charge, in the North Valley of Albuquerque on March 8, 2017, after the APD officers located a firearm and ammunition in Mora’s backpack incident to his arrest for allegedly driving a stolen vehicle.  Mora was transferred to federal custody from state custody in Sept. 2017.  The related state firearms charges were dismissed in favor of federal prosecution.

Mora subsequently was indicted on Sept. 6, 2017, and was charged with being a felon in possession of a firearm and ammunition on March 8, 2017, in Bernalillo County, N.M.  At the time, Mora was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

On May 4, 2018, Mora pled guilty to the indictment and admitted that on March 8, 2017, he was in possession of a firearm and ammunition which were located inside a backpack when Mora was stopped by law enforcement officers while driving a vehicle.  Mora acknowledged that he was prohibited from possessing firearms or ammunition in March 2017, because of his status as a convicted felon.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD, with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney Howard R. Thomas prosecuted the case. 

ALBUQUERQUE – A U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging two Mexican nationals with heroin trafficking offenses arising from a New Mexico State Police seizure of approximately 5.3 pounds of heroin in southern New Mexico on Aug. 27, 2018.  The Magistrate Judge also remanded Gerardo Hoyos-Hernandez, 29, and Antonio Mohamed Perez-Llanes, 22, into custody pending trial, which has yet to be scheduled, during this morning’s proceedings.

According to the criminal complaint, a New Mexico State Police officer executed a traffic stop on a vehicle, which Hoyos-Hernandez was driving and in which Perez-Llanes was a passenger, while on patrol in Anthony, N.M., on Aug. 27, 2018.  During the traffic stop, the officer requested and allegedly obtained consent to search the vehicle.  During his search of the vehicle, the officer allegedly found approximately 2.4 kilograms (5.3 pounds) of heroin in the vehicle.

The penalty for a conviction on the offense charged in the criminal complaint is a statutory minimum penalty of ten years and a maximum of life in federal prison.  If convicted, the defendants will be deported after serving any prison sentence imposed.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Homeland Security Investigations and the New Mexico State Police.  Special Assistant U.S. Attorney Joni Autrey is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Gerald Toya, 40, an enrolled member and resident of Jemez Pueblo, N.M., pled guilty on Aug. 31, 2018, to assaulting a federal officer.

Toya was arrested on May 24, 2018, on a two-count indictment charging him with assaulting a federal officer, and assault with a dangerous weapon.  According to the indictment, Toya committed the offenses on Nov. 28, 2017, on the Jemez Pueblo in Sandoval County, N.M.

On Aug. 31, 2018, Toya pled guilty to assaulting a federal officer.  In entering the guilty plea, Toya admitted that on Nov. 28, 2017, he threw a glass bottle at a federal law enforcement officer engaged in the performance of his official duty.  Toya acknowledged that the glass bottle struck the officer in the hip.

At sentencing, Toya faces a maximum penalty of 20 years in federal prison.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Pueblo of Jemez Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Joseph M. Spindle.

ALBUQUERQUE – The FBI has arrested five residents of a compound in Amalia, in Taos County, N.M. (Amalia Compound), on a federal criminal complaint charging them with violating the federal firearms and conspiracy laws.  The arrests were announced by U.S. Attorney John C. Anderson and Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division. 

The defendants, Jany Leveille, 35, a Haitian national illegally present in the United States, Siraj Ibn Wahhaj, 40, Hujrah Wahhaj, 37, Subhanah Wahhaj, 35, and Lucas Morton, 40, are charged in a criminal complaint that was filed earlier today in the U.S. District Court for the District of New Mexico.  The criminal complaint charges Jany Leveille with being an alien unlawfully in possession of firearms and ammunition in the District of New Mexico from Nov. 2017 through Aug. 2018.  The criminal complaint charges the other four defendants with aiding and abetting Leveille in committing the offense, and with conspiring with Leveille to commit the offense. 

According to the criminal complaint, on Aug. 3, 2018, law enforcement officers of the Taos County Sheriff’s Office executed search warrants at the Amalia Compound, where the five defendants were residing, and allegedly seized at least eleven firearms and a large quantity of ammunition.  The complaint alleges that the firearms were transported from Georgia and/or Alabama to New Mexico in Leveille’s vehicle. 

The FBI arrested the defendants without incident in Taos, N.M., this afternoon with the assistance of the Taos County Sheriff’s Office.  The defendants will make their initial appearances in federal court in Albuquerque on September 4, 2018.

If convicted of the charge against her, Leveille faces a statutory maximum penalty of ten years of imprisonment and deportation upon completion of her sentence.  If convicted of aiding and abetting Leveille, Leveille’s co-defendants each face a statutory maximum penalty of ten years of imprisonment.  If convicted on the conspiracy charge, the five defendants each face a statutory penalty of five years of imprisonment.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The Albuquerque Division of the FBI investigated the case, with the assistance of the U.S. Department of Homeland Security, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Taos County Sheriff’s Office, and the 8th Judicial District Attorney’s Office.  Assistant U.S. Attorney George C. Kraehe is prosecuting the case. 

U.S. Attorney John C. Anderson and FBI Special Agent in Charge James C. Langenberg thanked the Taos County Sheriff’s Office and 8th Judicial District Attorney’s Office for supporting the federal investigation.

Leveille Complaint

ALBUQUERQUE – Thomas M. Navaho, 25, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.

Navaho was arrested in July 2018, on a criminal complaint charging him with assaulting a Navajo man on April 27, 2018, on the Navajo Indian Reservation in San Juan County, N.M.  According to the complaint, Navaho assaulted the victim by punching, choking and kicking him on the side of the body and face, causing him to sustain serious bodily injury

During today’s proceedings, Navaho pled guilty to a felony information charging him with assault resulting in serious bodily injury.  In entering the guilty plea, Navaho admitted punching, kicking and chocking the victim, and threatening to kill the victim because he believed the victim called the police regarding a fight Navaho previously had with another person.  Navaho acknowledged that the victim sustained serious bodily injuries, including bleeding on the brain, broken ribs, lacerations requiring stitches and a wound to his left hand which became infected and required surgery, as the result of the assault.

At sentencing, Navaho faces a statutory maximum penalty of ten years in federal prison.  Navaho has been in federal custody since his arrest and remains detained pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.

ALBUQUERQUE – David Villegas, 29, of Los Lunas, N.M., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.

Villegas is charged in a one-count indictment which was filed on Feb. 28, 2017, with possession of methamphetamine with intent to distribute.  According to the indictment, Villegas committed the offense on June 13, 2016, in Bernalillo County, N.M.

During today’s proceedings, Villegas pled guilty to the indictment, and admitted that on June 13, 2016, he was arrested by DEA agents while in possession of methamphetamine which he intended to sell to other individuals.  In entering the guilty plea, Villegas admitted that the DEA agents found approximately 654.3 grams of pure methamphetamine inside his vehicle.  Villegas also admitted that, when he was arrested, he informed the DEA agents that they would find proceeds from his methamphetamine trafficking activities hidden in his residence.  DEA agents subsequently seized approximately $9,200 in cash from Villegas’ residence. 

Villegas was remanded into custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Villegas faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.

ALBUQUERQUE – U.S. District Judge Martha Vazquez sentenced Larry Mendoza, a former Revenue Agent of the New Mexico Taxation and Revenue Department, to 46 months of imprisonment for his conviction on Hobbs Act extortion charges in federal court today in Santa Fe, N.M.  Mendoza will be on supervised release for three years after completing his prison sentence.  Judge Vazquez also ordered Mendoza to pay $43,380 in restitution.

In announcing Mendoza’s sentence, U.S. Attorney John C. Anderson said, “Public employees violate a sacred trust when they use the instruments of government for self-enrichment, and this Office will vigorously pursue and prosecute such abuses.”

“The hard-working people of New Mexico deserve and expect honest public servants who will make sure every tax dollar goes toward making this state a great place to live,” said Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.  “While most government employees perform their duties without reproach, the few who seek only to line their own pockets undermine the public’s confidence in our democracy.  The FBI hopes this case sends a strong message that civil servants who victimize the people who pay their salaries will be held accountable.”

Mendoza, 45, of Santa Fe, pled guilty on Nov. 17, 2017, to a three-count felony information charging him with Hobbs Act extortion under color of official right.  The felony information charged Mendoza abusing his position as a state Revenue Agent between Feb. 2017 and May 2017, to extort $2,500 from a business owner in return for reducing the business owner’s tax liability. 

According to court records, the New Mexico State Taxation and Revenue Department employed Mendoza from 2007 through 2017.  Beginning in Oct. 2013, Mendoza began working as a Revenue Agent with responsibilities that included collecting outstanding taxes owed by New Mexico business owners.  In Feb. 2017, Mendoza approached a business owner with a proposal that the business owner pay him $500 a month in exchange for Mendoza lowering the business owner’s tax obligation to the State of New Mexico. 

After the business owner gave Mendoza $500 in Feb. 2017 and another additional $500 in March 2017, Mendoza logged onto his work computer on May 11, 2017 and reduced the business owner’s tax liability to the State of New Mexico by $8,000.  On that same day (May 11, 2017), Mendoza solicited another $1,500 from the business owner in exchange for reducing his tax obligation.  On May 24, 2017, the business owner gave $1,500 to Mendoza in exchange for Mendoza’s reduction of the business owner’s tax obligation to the State of New Mexico.

In entering his guilty plea, Mendoza admitted that the money he solicited and received from the business owner was for his personal use and benefit, and that he was not entitled to that money.  Mendoza also admitted that he engaged in a similar pattern of criminal conduct with other business owners and that his criminal conduct was responsible for losses in excess of $40,000.

The New Mexico State Taxation and Revenue Department placed Mendoza on administrative leave on May 24, 2017, and his employment was terminated shortly thereafter.

The FBI offices in Albuquerque and Santa Fe investigated the case, which was prosecuted by Assistant U.S. Attorney Holland S. Kastrin.

 

ALBUQUERQUE – Tracy Estelle Fuentez, 43, of Fresno, Calif., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.

The DEA arrested Fuentez in April 2017, after seizing approximately 1.5 kilograms (3.31 pounds) of methamphetamine from her luggage during an interdiction investigation on April 27, 2017, in Albuquerque.  Fuentez was indicted on May 24, 2017, and was charged with possession of methamphetamine with intent to distribute on April 27, 2017, in Bernalillo County, N.M.

During today’s proceedings, Fuentez pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Fuentez admitted possessing methamphetamine while traveling through Albuquerque on April 27, 2017, and that she intended to distribute the methamphetamine to other individuals.

At sentencing, Fuentez faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison.  She remains in custody pending a sentencing hearing, which has yet to be scheduled. 

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Howard R. Thomas.

ALBUQUERQUE – Brian Kishawn Philson, 28, and Nekia Tiara Martin, 21, both of Stockton, Calif., pled guilty today in federal court in Albuquerque, N.M., to methamphetamine trafficking offenses.  The defendants entered their guilty pleas to charges arising out of the seizure of approximately 4.3 pounds of methamphetamine during a DEA interdiction investigation in March 2018. 

The DEA arrested Philson and Martin in March 2018, after seizing approximately .95 kilograms (2.09 pounds) of methamphetamine from Philson and approximately one kilogram (2.2 pounds) of methamphetamine from Martin on March 26, 2018, in Albuquerque.  Philson and Martin were subsequently indicted on April 24, 2018, and charged with conspiracy and possession of methamphetamine with intent to distribute on March 26, 2018, in Bernalillo County, N.M.

During today’s proceedings, Philson and Martin each entered a guilty plea to Count 2 of the indictment charging them with possession of methamphetamine with intent to distribute.  In entering their guilty pleas, Philson and Martin admitted possessing approximately 864 grams of methamphetamine while traveling through Albuquerque.  They also admitted that they intended to deliver the methamphetamine to others when they arrived at their final destination.

Philson and Martin have been in federal custody since their arrests and will remain detained pending their sentencing hearings, which have yet to be scheduled.  Under the terms of his plea agreement, Philson faces a sentence of ten years of imprisonment followed by a term of supervised release to be determined by the court.  Martin faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. 

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney James D. Tierney.

ALBUQUERQUE – Bruce Piaso, 37, an enrolled member of the Navajo Nation from To’hajiilee, N.M., was sentenced today in federal court in Albuquerque, N.M., to three years of probation for his conviction on a misdemeanor assault charge.

Piaso was arrested on June 3, 2016, on a criminal complaint charging him with assaulting a federal officer.  The complaint charged Piaso with attacking a tribal officer of the Navajo Nation Division of Public Safety, who was federally commissioned by the BIA’s Office of Justice Services, on May 28, 2016, on the Navajo Indian Reservation by punching and kicking the officer while attempting to avoid arrest.  The complaint alleged that Piaso jumped on the officer and attempted to take control of the officer’s weapon.  Piaso was taken into tribal custody on May 28, 2016, and remained in tribal custody until he was arrested on the federal charge.

Piaso was indicted on June 30, 2016, and was charged with assault on a federal officer resulting in bodily injury, and assault on a federal officer with a dangerous weapon.  The indictment alleged that Piaso committed the crimes on May 28, 2016, in Cibola County, N.M.  On Dec. 21, 2017, a federal jury found Piaso guilty of the lesser included offense of simple assault, a misdemeanor, and acquitted Piaso on the other charges in the indictment, after a three-day trial.

This case was investigated by the Albuquerque office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case.

ALBUQUERQUE – Lance Wilson, 31, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Santa Fe, N.M., to 60 months in prison for his conviction on an assault charge.  Wilson will be on supervised release for three years after completing his prison sentence.

Wilson was arrested in Jan. 2017, on a criminal complaint charging him with assaulting a Navajo man by striking him in the head with a pair of wire cutters on the Navajo Indian Reservation in San Juan County, N.M.

Wilson subsequently was indicted on Jan. 24, 2017.  The two-count indictment charged Wilson with assault with intent to commit murder and assault resulting in serious bodily injury. The indictment alleged that Wilson committed the crimes on Dec. 24, 2016, on the Navajo Indian Reservation in San Juan County.

On Oct. 2, 2017, Wilson pled guilty to Count 2 of the indictment charging him with assault resulting in serious bodily injury.  In entering the guilty plea, Wilson admitted that on Dec. 24, 2016, he struck the victim twice in the head with a cable-cutting tool because he was angry with the victim.  Wilson further admitted that as the result of the assault, the victim required multiple surgeries including one to place a plate in his skull.  Wilson acknowledged that, as the result of the assault, the victim suffered permanent injuries including memory loss and loss of speech, requires the use of a wheelchair, and resides in a health care facility. 

This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Michael D. Murphy prosecuted the case.

ALBUQUERQUE – Ronald P. Lopez, 25, of Albuquerque, N.M., pled guilty this morning in federal court to a bank robbery charge.  Lopez entered the guilty plea without the benefit of a plea agreement.

The FBI arrested Lopez on March 14, 2018, on a criminal complaint charging him with robbing the US Bank branch located at 2015 Eubank Blvd., in Albuquerque on Feb. 26, 2018.  Lopez subsequently was indicted on April 10, 2018, and was charged with bank robbery on Feb. 26, 2018, in Bernalillo County, N.M.

At sentencing, Lopez faces a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.  Lopez has been in federal custody since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department.  Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.

ALBUQUERQUE – Antonio Ulises Mireles, 24, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 142 months of imprisonment for his conviction on a methamphetamine trafficking charge.  Mireles will be on supervised release for five years after completing his prison sentence.  Mireles also was ordered to pay a $7,000 money judgment and $500 in community restitution.

Mireles was arrested on Aug. 11, 2017, on a criminal complaint charging him with drug trafficking offenses in Dona Ana County, N.M.  According to court documents, Mireles distributed quantities of drugs to an undercover law enforcement agent on the following dates:

• Approximately 572 grams of methamphetamine on June 9, 2017;
• Approximately 856 grams of methamphetamine and 493 grams of heroin on July 13, 2017;
• Approximately 458 grams of methamphetamine on July 28, 2017; and
• Approximately 1,209 grams of methamphetamine on Aug. 11, 2017.

On Nov. 8, 2017, Mireles pled guilty to a felony information charging him with conspiracy and distribution of methamphetamine.  In entering the guilty plea, Mireles admitted that from June 2017 through Aug. 2017, he conspired with others to distribute methamphetamine.  Mireles further admitted that during that time, he was responsible for distributing approximately 3.3 kilograms of methamphetamine in Dona Ana County.

This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and was prosecuted by Assistant U.S. Attorney Brock E. Taylor.

The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police.  The High Intensity Drug Trafficking Areas (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 – U.S. District Judge Judith C. Herrera of the District of New Mexico today sentenced Nael Ali, 54, of Albuquerque, N.M., for violating the Indian Arts and Craft Act (IACA) by fraudulently selling counterfeit Native American jewelry as Indian-Made.  Judge Herrera sentenced Ali, who previously pled guilty to two felony IACA charges, to six months of imprisonment followed by a year of supervised release.  Ali also was ordered to pay $9,048.78 in restitution.

The IACA prohibits the offer or display for sale, or the sale of any good in a manner that falsely suggests that it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe.  The law is designed to prevent products from being marketed as “Indian made,” when the products are not, in fact, made by Indians.  It covers all Indian or Indian-style traditional and contemporary arts and crafts produced after 1935, and broadly applies to the marketing of arts and crafts by any person in the United States.  IACA provides critical economic benefits for Native American cultural development by recognizing that forgery and fraudulent Indian arts and crafts diminish the livelihood of Native American artists and craftspeople by lowering both market prices and standards. 

“The tremendous contributions made by Native Americans to the cultural and artistic heritage of our nation must be preserved and protected,” said New Mexico U.S. Attorney John C. Anderson.  “This case and the continuing investigation demonstrates the Justice Department’s commitment to safeguard the rich culture and heritage of New Mexico’s Pueblos and Tribes while promoting confidence in New Mexico’s rich art market.”

“We applaud the outstanding work conducted by the Office of the U.S. Attorney in District of New Mexico, the U.S. Fish and Wildlife Service Special Agents who conduct Act investigations on behalf of the Board, and all others who have assisted in this landmark case,” said Harvey Pratt, Chairman, Indian Arts and Crafts Board, U.S. Department of the Interior.  “Their commitment to combating the onslaught of counterfeit Indian art is to be highly commended.  The Board firmly believes that robust Indian Arts and Crafts Act enforcement is imperative to protecting and strengthening Indian Country's economies, artistic traditions, and cultural heritage for both current and future generations.”  

“This landmark investigation has brought much needed attention to the rampant problem of counterfeit Native American jewelry and art in the marketplace,” said Edward Grace, Acting Assistant Director of the Office of Law Enforcement for the U.S Fish and Wildlife Service.  “We hope today’s sentencings will deter others who would seek to defraud consumers and undermine Native American artists.”

“Native American art is more than stunning jewelry.  It also is a critical source of income for the many different tribes that create it and share with the world their culture and history,” said Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division.  “The FBI worked closely with our partners on this case, which we hope demonstrates our commitment to protecting one of our country’s most precious resources.”

The charges against Ali and co-defendant Mohammad Manasra, 58, also of Albuquerque, were the result of an ongoing federal investigation led by the U.S. Fish and Wildlife Service (FWS) and FBI into an international scheme to violate the IACA.  During a law enforcement operation in Oct. 2015, federal agents executed 15 search warrants in New Mexico and one in California.  Eight of the search warrants were executed in Albuquerque including four at retail and wholesale jewelry businesses.  In addition, search warrants were executed at three jewelry stores in Gallup, three jewelry stores in Santa Fe, and a jewelry production shop in Zuni.  Federal agents also executed a search warrant at a jewelry store in Calistoga, Calif.  Three federal seizure warrants also were executed on bank accounts in a Charlotte, N.C., bank and a San Francisco, Calif., bank.  In addition, the Philippines National Bureau of Investigations conducted a series of investigative interviews at two factories in Cebu City, Philippines.

Ali and Manasra were charged in Oct. 2015, in a four-count indictment with conspiracy to violate the IACA and three substantive violations of the Act.  A superseding indictment was filed in March 2016, charging Ali and Manasra with conspiracy and substantive violations of the IACA, mail fraud, and wire fraud.  The superseding indictment charged Ali, the owner of two jewelry stores, Gallery 8 and Galleria Azul, in Albuquerque’s Old Town specializing in Native American jewelry, and Manasra, a wholesaler of Native American jewelry, with violating IACA by conspiring to import and fraudulently sell Filipino-made jewelry as Native American-made. 

Ali pled guilty on Oct. 18, 2017, to violating IACA by selling counterfeit Native American-style jewelry out of two retail jewelry stores located in Albuquerque’s Old Town.  In entering the guilty plea, Ali admitted selling Native American-style jewelry made by laborers in the Philippines; mixing Filipino-made jewelry with Native American-made jewelry without labeling the Filipino-made jewelry with the country of origin; intentionally stocking the Filipino-made jewelry in a manner that falsely suggested that it was Native-American made; providing lists for the employees to reference symbols and initials to falsely suggest the jewelry was Native American-made; and training employees to tell customers the jewelry was Native American-made. 

Manasra pled guilty to a misdemeanor charge of violating IACA on Oct. 5, 2017, and admitted fraudulently selling a Kokopelli pendant and earing set, two rings, a bracelet and an orange cluster pendant to an undercover agent.  Manasra acknowledged knowing the jewelry was made in the Philippines even though he intentionally told the undercover agent that the Kokopelli set was “Zuni” and the rings, bracelet and cluster set were “Navajo,” and displaying the Filipino-made jewelry to suggest that it was made by members of federally recognized Indian Tribes.  Manasra was sentenced on May 10, 2018, to two days of imprisonment and a year of supervised release.  Manasra also was ordered to forfeit 5,268 pieces of Native-American style jewelry and to pay a $500 money judgment.

“HSI will continue to work with our federal, tribal and local law enforcement partners to protect the intellectual property and cultural patrimony of Native Americans,” said HSI Special Agent in Charge Jack P. Staton.  “We will be relentless and use our cross-border authority to make sure individuals, who want to profit from crimes such as these, are brought to justice.”

“It was an honor to assist with this unique and important case to help protect something truly exclusive to this region.  It has been a recent trend that when our two agencies work together, great things happen,” said Captain Tim Cimbal, Northwest Area Field Operations, State of New Mexico Department of Game and Fish.

The continuing investigation is led by the Office of Law Enforcement for the Southwest Region of the U.S. Fish and Wildlife Service and the Albuquerque Division of the FBI with assistance from Homeland Security Investigations (HSI), the Indian Arts and Crafts Board, and the State of New Mexico Department of Game and Fish.  The U.S. Marshals Service and DEA assisted in the investigation of this case.  The U.S. Fish and Wildlife Service’s Office of Law Enforcement for Region Eight and California Department of Fish and Wildlife provided support in Calistoga, Calif., and HSI provided support in La Habra, Calif.  The U.S. Fish and Wildlife Service Attaché for Southeast Asia and the Philippine National Bureau of Investigations provided support in Cebu City, Philippines.  Assistant U.S. Attorneys Kristopher N. Houghton and Sean J. Sullivan prosecuted the case and are assisting in the continuing investigation.

ALBUQUERQUE – Fourteen residents of Las Cruces, N.M., and a Mexican national are facing federal heroin trafficking charges as the result of a two-year multi-agency investigation into Jesus Salvador Otero-Martinez, 32, of Ciudad Juarez, the alleged source of heroin supply for numerous street-level heroin traffickers in Las Cruces.  The investigation culminated today when 13 of the defendants were arrested in Las Cruces by teams of federal, state, county and local law enforcement officers during an early morning law enforcement operation.  During the course of the investigation, law enforcement authorities arrested 24 Las Cruces residents on various state charges.  Otero-Martinez is one of the two federal defendants who was were arrested during today’s law enforcement operation, and is considered a fugitive.

U.S. Attorney John C. Anderson, 3rd Judicial District Attorney Mark D’Antonio, Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division, Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division, Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Captain Bobby Holden of the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force, announced the results of the investigation, which was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program.  OCDETF is 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.

The charges against the defendants are the result of an investigation that began in 2016, and targeted Otero-Martinez, the alleged source of supply for a heroin trafficking operation that allegedly continuously provided heroin to couriers who smuggled heroin in their body cavities from Ciudad Juarez, into El Paso, Texas, and Las Cruces, where it was delivered to street-level dealers.  According to court filings, the defendants used social media messaging platforms to facilitate their heroin trafficking activities.  During the course of the investigation, law enforcement authorities seized approximately 1.17 kilograms of heroin, $6,150.00 in cash, nine firearms, and 465 cartridges of various calibers of ammunition.

On Aug. 22, 2018, a federal grand jury returned four federal indictments charging 15 defendants with conspiracy and heroin trafficking offenses.  Otero-Martinez is charged in each of the four federal indictments with participating in heroin trafficking conspiracies.  The conspiracy counts in the four federal indictments include detailed “overt act” sections that describe the manner in which Otero-Martinez and his co-conspirators allegedly used social media messaging platforms to negotiate numerous heroin transactions and to facilitate their heroin trafficking activities.  The conspiracy counts also detail how couriers allegedly obtained heroin from Otero-Martinez in Juarez; smuggled the heroin into the United States through El Paso; and delivered the heroin to purchasers, including undercover agents and individuals cooperating with law enforcement authorities, in Las Cruces. 

The 13 federal defendants who were arrested today will make their initial appearances in federal court in Las Cruces tomorrow morning. 

The state defendants have been charged in criminal complaints filed by the 3rd Judicial District Attorney’s Office in the 3rd Judicial District Court for the State of New Mexico.

These cases were investigated by the FBI, DEA, HSI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force.  The New Mexico State Police, Las Cruces Police Department and Dona Ana County Sheriff’s Office assisted with today’s law enforcement operation. 

The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police.  The High Intensity Drug Trafficking Areas (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.

Assistant U.S. Attorneys of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the federal cases as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and many other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.          

SUMMARY OF CHARGES IN FEDERAL INDICTMENTS

INDICTMENT: United States v. Otero-Martinez, Silva, et al., 18-CR-2754-RB

Charges:  Count 1 of the Indictment charges Jesus Salvador Otero-Martinez, Alfred Silva and Joseph Gonzalez with participating in a heroin trafficking conspiracy.  The statutory penalty for a conviction on this charge is a mandatory minimum of five years and a maximum of 40 years in prison and a $5 million fine.  Count 2 charges Silva, who has a prior felony conviction for distributing a controlled substance, with being a felon in possession of ammunition.  The statutory penalty for a conviction on this charge is a maximum of ten years in prison and a $250,000 fine.

Defendants:  Jesus Salvador Otero-Martinez, 32, Ciudad Juarez, Mexico, has yet to be arrested and is considered a fugitive.  Alfred Silva, 34, was arrested on June 1, 2018, on a related charge, and Joseph Gonzalez, 23, was arrested this morning.

INDICTMENT: United States v. Otero-Martinez, DeLeon, et al., 18-CR-2755-RB

Charges:  Count 1 of the Indictment charges Otero-Martinez, Erik DeLeon, Matthew Torres, and Donnie Edward Baca with participating in a heroin trafficking conspiracy.  The statutory penalty for a conviction on this charge for Otero-Martinez, DeLeon and Torres is a mandatory minimum of five years and a maximum of 40 years in prison and a $5 million fine; for Baca, the penalty is a maximum of 20 years in prison and a $1 million fine.  Count 2 charges DeLeon and Baca with distributing heroin.  The statutory penalty for a conviction on this charge is a maximum of 20 years in prison and a $1 million fine.

Defendants:  Otero-Martinez has yet to be arrested and is considered a fugitive.  Erik DeLeon, 27, Matthew Torres, 33, and Donnie Edward Baca, 26, were arrested this morning.

INDICTMENT: United States v. Otero-Martinez, Romero, et al., 18-CR-2756-RB

Charges:  The single-count Indictment charges Jesus Salvador Otero-Martinez, Brenda Romero, Nathan Gonzales, Desiree M. Vallejos, Samantha M. Ybarra-Ochoa, Elaine Zubiran and Misty A. Baca with participating in a heroin trafficking conspiracy.  The statutory penalty for a conviction on this charge for Otero-Martinez, Romero, Gonzales, Vallejos, Ybarra-Ochoa, and Zubiran is a mandatory minimum of five years and a maximum of 40 years in prison; for Baca, the penalty is a maximum of 20 years in prison and a $1 million fine.

Defendants:  Otero-Martinez has yet to be arrested and is considered a fugitive.  Brenda Romero, 39, Nathan Gonzales, 32, Desiree M. Vallejos, 29, Misty A. Baca, 36, were arrested this morning; and Samantha M. Ybarra-Ochoa, 26, surrendered to the FBI this morning.  Elaine Zubiran, 27, was arrested on state charges on Aug. 17, 2018, and will be transferred into federal custody to face the charge in the indictment.

INDICTMENT: United States v. Otero-Martinez, Crespin, et al., 18-CR-2757-RB

Charges:  Count 1 of the Indictment charges Otero-Martinez, Michael Crespin, Gabriel Soltero, and Gerardo Zamarripa with participating in a heroin trafficking conspiracy.  The statutory penalty for a conviction on this charge for Otero-Martinez, Crespin and Soltero is a mandatory minimum of five years and a maximum of 40 years in prison and a $5 million fine; for Zamarripa, the penalty is a maximum of 20 years in prison and a $1 million fine.  Count 2 charges Soltero and Crespin with possessing heroin with intent to distribute, and Count 3 charges Crespin and Zamarripa with the same offense.  The statutory penalty for a conviction on this charge is a maximum of 20 years in prison and a $1 million fine.

Defendants:  Otero-Martinez has yet to be arrested and is considered a fugitive.  Michael Crespin, 60, and Gabriel Soltero, 35, were arrested this morning.  Gerardo Zamarripa, 32, has yet to be arrested and is considered a fugitive. 

Fugitives:  Photos of the fugitives, Jesus Salvador Otero-Martinez and Gerardo Zamarripa, are attached to this press release.  Individuals with information about the whereabouts of Otero-Martinez or Zamarripa are asked to contact the FBI at 505-889-1300 or tips.fbi.gov.

Charges in indictments and criminal complaints are only accusations.  Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

Indictment 18CR2754   Indictment 18CR2755   Indictment 18CR2756   Indictment 18CR2757

 

 

ALBUQUERQUE – Lawrence Marquez, 39, of Albuquerque, N.M., pled guilty today in federal court to heroin trafficking and firearms charges.  Marquez entered his guilty plea under a plea agreement that recommends that he be sentenced to 88 months of imprisonment followed by a term of supervised release to be determined by the court.

Marquez and his co-defendants, Angela Marquez, 28, and Jesus Valdez, 38, both of Albuquerque, were charged in a six-count indictment filed on Dec. 6, 2017, with drug trafficking and firearms offenses.  The indictment charged Marquez, Angela Marquez and Valdez with participating in a heroin trafficking conspiracy in Feb. 2017, and distributing heroin on Feb. 23, 2017.  It also charged Marquez and Valdez with distributing heroin on Feb. 23, 2017; Marquez and Angela Marquez with possessing firearms in furtherance of a drug trafficking crime on Feb. 23, 2017; and Marquez was charged with being a felon in possession of a firearm on Feb, 23, 2017.  Marquez was prohibited from possessing firearms or ammunition because of his status as a convicted felon.  According to the indictment, the defendants committed offenses in Bernalillo County, N.M.

During today’s proceedings, Marquez pled guilty to distributing heroin, and using and carrying a firearm during and in relation to a drug trafficking crime.  In entering the guilty plea, Marquez admitted that he was armed with a firearm when he sold heroin to a person he later learned was an undercover law enforcement agent on Feb. 23, 2017. 

Valdez pled guilty on April 24, 2018, to distributing heroin and methamphetamine.  In entering his guilty plea, Valdez admitted distributing heroin to an undercover law enforcement agent on Feb. 23, 2017, and approximately 232 grams of methamphetamine to an undercover law enforcement agent on Dec. 7, 2017.  Valdez was sentenced on Aug. 20, 2018, to 46 months in prison followed by three years of supervised release.

Angela Marquez has entered a not guilty plea to the charges in the indictment and is pending trial, which is scheduled for Sept. 2018.  Charges in indictments and criminal complaints are only accusations.  Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

This case was investigated by the Albuquerque offices of the DEA and Homeland Security Investigations.  Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Ellis Arkie Sago, 24, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to serve ten months in custody, five of which are to be served in prison and the remaining five in a halfway house, for assaulting a federal officer.  Sago will be on supervised release after completing his custodial sentence.

The BIA arrested Sago on Feb. 2018, on a criminal complaint charging him with assaulting a federal officer.  According to the criminal complaint, Sago was arrested on tribal charges after he assaulted a BIA officer.  Sago committed the assault on the Mescalero Apache Indian Reservation in Otero County, N.M., on Sept. 9, 2017, by kicking the officer in the legs while the officer was arresting Sago. 

Sago subsequently was indicted on April 18, 2018, and was charged with assaulting a federal officer in Otero County on Sept. 9, 2017.

On May 30, 2018, Sago pled guilty to the indictment and admitted that on Sept. 9, 2017, he assaulted a BIA officer by kicking the officer in the legs. 

This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services, and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Miranda Gilbert, 31, a resident of Albuquerque, N.M., was sentenced this morning by Senior U.S. District Judge James A. Parker to 188 months (15.6 years) of imprisonment for being an armed career criminal in possession of a firearm and ammunition and for assaulting a federal officer.  To violate the Armed Career Criminal Act, a defendant must have at least three prior convictions for a violent felony or serious drug offense, or both.  Armed career criminals are subject to an enhanced penalty of not less than 15 years of imprisonment if convicted of possessing firearms or ammunition instead of the otherwise applicable penalty of a maximum ten years of imprisonment.  Gilbert will be on supervised release for three years after completing her prison sentence.

U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Michael Geier of the Albuquerque Police Department (APD) announced Gilbert’s sentence.  The law enforcement officials said that Gilbert, whose criminal history includes ten prior felony state court convictions for which Gilbert has served approximately four years and six months of incarceration, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.

In announcing the sentence, U.S. Attorney John C. Anderson commended ATF and APD for their commitment to protecting the residents of Albuquerque from violent, repeat offenders like Miranda Gilbert.  The U.S. Attorney said, “My Office will continue to work with its federal, state, local and tribal partners to identify the criminals responsible for significant violent crime in our communities, and will use the substantial tools available to us, like the Armed Career Criminal Act, in the federal judicial system to hold them accountable.”

“ATF is committed to aggressively investigate and pursue armed career criminals such as Miranda Gilbert that prey upon our community,” said ATF Special Agent in Charge John J. Durastanti.  “Gilbert will have plenty of time to reflect on her crimes while serving her lengthy sentence in federal prison.”

“It is imperative that we use the full weight of the law to prosecute dangerous, career criminals who are willing to violate federal firearm laws and assault law enforcement officers,” APD Chief Michael Geier said. “Offenders who have no regard for law enforcement are more of a threat to civilians and a risk to public safety.”

Gilbert was charged in Oct. 2017, in a criminal complaint with being a felon in possession of a firearm and ammunition on Aug. 20, 2017.  According to the criminal complaint, APD officers responded to a call reporting shots fired at a residence in northeast Albuquerque.  APD officers learned that when the homeowners arrived at their home, they observed Gilbert parked in a vehicle in their driveway and attempted to block her in the driveway.  Gilbert responded by pulling a handgun out of her purse, threatening the homeowners, and firing shots close to where one of the homeowners was standing before leaving the area.  Gilbert was arrested the next day after attempting to flee from police, and ultimately causing an accident with a federal law enforcement officer.

Gilbert was indicted on Nov. 1, 2017.  The three-count indictment charged Gilbert with being a felon in possession of a firearm and ammunition in in Bernalillo County, N.M., on Aug. 20, 2017, and in Guadalupe County, N.M., on Aug. 21, 2017, and with assaulting a federal officer in Guadalupe County on Aug. 21, 2017.  According to the indictment, Gilbert was prohibited from possessing firearms or ammunition because she has been convicted of at least ten felony offenses.

On May 16, 2018, Gilbert pled guilty to the indictment without the benefit of a plea agreement.  During Gilbert’s change of plea hearing, the United States proffered a summary of the evidence that it would have introduced had the case proceeded to trial.  That evidence would have included the firearm, a 9 mm caliber pistol, Gilbert possessed, brandished, and discharged in Bernalillo County on Aug. 20, 2017, and also possessed in Guadalupe County on Aug. 21, 2017.  The evidence also would have established that on Aug. 21, 2017, in Guadalupe County, Gilbert forcibly assaulted a Supervisory Deputy U.S. Marshal, whom she knew to be engaged in the performance of his official duty based upon her own post-arrest statements made to law enforcement authorities.  As Gilbert fled from law enforcement authorities in an attempt to avoid apprehension, Gilbert used a vehicle as a dangerous weapon and in an effort to strike the Supervisory Deputy U.S. Marshal, who was inside his vehicle and was required to take evasive action to avoid being struck by Gilbert’s vehicle.

The United States’ proffer of evidence also included Gilbert’s ten prior felony convictions:

• residential burglary;
• conspiracy to commit residential burglary;
• trafficking controlled substances (possession with intent to distribute) (heroin);
• receiving or transferring a stolen motor vehicle (possession);
• conspiracy to commit receiving or transferring a stolen motor vehicle (possession);
• receiving or transferring stolen property (over $500 but not more than $2,500);
• escape from a community custody release program;
• possession of a controlled substance (methamphetamine);
• conspiracy to commit possession of a controlled substance (methamphetamine); and
• felon in possession of a firearm.

The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD investigated the case with assistance from the U.S. Marshals Service, New Mexico State Police, and the New Mexico Adult Probation and Parole Division of the New Mexico Corrections Department.  Assistant U.S. Attorneys Niki Tapia-Brito and Jack E. Burkhead prosecuted the case. 

ALBUQUERQUE – This morning, a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Dominic C. Garcia, 28, of Las Cruces, with violating the federal firearms laws by being a felon in possession of a firearm.  Garcia was remanded into custody pending trial, which has yet to be scheduled.

The FBI arrested Garcia on Aug. 14, 2018, in Las Cruces after Task Force Officers of the FBI’s Southern New Mexico Safe Streets Violent Gang Task Force came upon him while seeking to execute an arrest warrant for another individual.  According to the criminal complaint, Task Force Officers allegedly observed Garcia pull a firearm out of his waistband as he attempted to flee from the Officers.  The complaint alleges that the Task Force Officers subsequently found a firearm on the roof of a nearby residence, and allegedly found ammunition in Garcia’s pocket during a search incident to his arrest.

 According to court documents, Garcia is prohibited from possessing firearms or ammunition because of his felony conviction in Sept. 2011, for drug trafficking.

If convicted, Garcia faces a maximum statutory penalty of ten years in federal prison.  Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law. 

This case was investigated by the FBI’s Southern New Mexico Safe Streets Violent Gang Task Force, which is comprised of Special Agents from the FBI’s office in Las Cruces, N.M., Agents of the U.S. Border Patrol, and Officers of the Las Cruces Police Department.  Assistant U.S. Attorney Sarah Davenport of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

The FBI’s Safe Streets Violent Gang Task Force is the vehicle through which all federal, state, and local law enforcement agencies collaboratively address violent crime plaguing communities. The FBI’s Safe Streets and Gang Unit administers 160 Violent Gang Safe Streets Task Forces nationwide. The task forces pursue violent gangs through sustained, proactive, coordinated investigations to obtain prosecutions on violations such as racketeering, drug conspiracy, and firearms violations. The Safe Streets Task Force concept expands cooperation and communication among federal, state, and local law enforcement agencies, increasing productivity and avoiding duplication of investigative efforts.

ALBUQUERQUE – U.S. District Judge James O. Browning sentenced Christopher Blattner, 38, of Albuquerque, N.M., to 30 years of imprisonment this morning for possessing firearms during and in furtherance of drug trafficking crimes.  The Judge ordered Blattner’s federal sentence to run consecutive to the 28-year sentence Blattner already is serving for convictions on second-degree murder (firearms enhancement) and aggravated assault on a peace office with a deadly weapon (firearms enhancement), and voluntary manslaughter in the 2nd Judicial District Court (Bernalillo County) for the State of New Mexico.  Blattner will be on supervised release for five years after completing his prison sentence.

In announcing the sentence, U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief of Police Michael Geier of the Albuquerque Police Department (APD) said that Blattner was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.

Blattner was charged in Feb. 2013, with violating the federal narcotics and firearms laws in a five-count indictment.  Counts 1 and 5 of the indictment charged Blattner with distributing methamphetamine in Bernalillo County, N.M., on Aug. 6, 2012 and Aug. 17, 2012, respectively.  Count 2 charged Blattner with possessing a firearm during and in relation to a drug trafficking crime on Aug. 6, 2012.  Counts 3 and 4 charged Blattner with being a felon in possession of firearms and ammunition on Aug. 6, 2012 and Aug. 17, 2012.  Blattner’s prior criminal history includes four prior narcotics trafficking convictions in the 2nd and 13th Judicial District Courts for the State of New Mexico

In Aug. 2014, a federal grand jury filed an eight-count superseding indictment that added Blattner’s wife, Brittany Blattner, 29, as a co-defendant.  The superseding indictment charged Blattner with two counts of methamphetamine distribution; two counts of using and carrying a firearm in relation to a drug trafficking crime; and three counts of being a felon in possession of firearms and ammunition.  It also charged Blattner and Brittany Blattner with one count of jointly distributing methamphetamine.  According to the indictment, Blattner and his wife committed the crimes charged in Bernalillo County, N.M., in Aug. 2012.

On April 10, 2015, Blattner entered a guilty plea to Counts 2 and 5 of the superseding indictment, each of which charged him with possessing a firearm in furtherance of a drug trafficking crime.  In his plea agreement, Blattner admitted possessing two Glock semi-automatic pistols on Aug. 6, 2012, in furtherance of a methamphetamine trafficking crime.  Blattner also admitted possessing two different Glock semi-automatic pistols on Aug. 17, 2012, in furtherance of another methamphetamine trafficking crime. 

On March 24, 2015, Brittany Blattner entered a guilty plea to a felony information charging her with simple possession of methamphetamine.  In entering the guilty plea, she admitted possessing methamphetamine on Aug. 17, 2012, in Bernalillo County.  Brittany Blattner was sentenced on June 29, 2015, to two years of probation. 

This case was investigated by ATF’s Albuquerque office and APD, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez. 

ALBUQUERQUE – One of the 22 defendants charged with federal drug trafficking and international money laundering charges in a superseding indictment filed in Aug. 2017, was sentenced today in federal court in Las Cruces, N.M.  One of his co-defendants entered a guilty plea, becoming the 19th defendant to plead guilty in the case.

Twenty-three defendants were charged on April 19, 2017, in a 44-count indictment, as the result of a 16-month DEA-led federal investigation targeting a Mexican drug trafficking organization (DTO) responsible for importing large quantities of heroin, methamphetamine and cocaine from Mexico, and distributing the drugs in New Mexico, Texas, Kansas, Kentucky and Illinois.  During the investigation, law enforcement authorities seized approximately 30 kilograms of heroin, 64 kilograms of methamphetamine, 17 kilograms of cocaine, 20 kilograms of marijuana, 24 firearms, $102,000 in currency, and three vehicles.  The investigation concluded in April 2017, with a multi-agency law enforcement operation that included the execution of arrest warrants in New Mexico and Texas, and six search warrants in El Paso, Tex., Sunland Park, N.M., Belen, N.M., and Albuquerque, N.M.

A superseding indictment was filed on Aug. 16, 2017, that included all of the charges from the indictment but removed one defendant.  The superseding indictment charged the 22 defendants with participating in a conspiracy to distribute heroin, methamphetamine and cocaine between April 2016 and April 2017.  It also charged nine of the defendants with participating in an international money laundering conspiracy during that same period in time.  The superseding indictment also charged certain defendants with engaging in a series of substantive drug trafficking and money laundering offenses, and using communication devices (telephones) to facilitate their criminal activities, and one defendant with a firearms offense.

The superseding indictment included 77 overt acts allegedly committed by the defendants in furtherance of the drug trafficking conspiracy, which described the expansive sweep of the DTO’s drug distribution operation and the significant quantities of drugs involved.  For example, the overt acts set forth in the superseding indictment alleged that the DTO’s drug trafficking and money laundering activities extended to Kentucky, where law enforcement officers seized $15,300 in drug proceeds from a courier who was transporting the money to New Mexico in April 2016; to Oklahoma, where law enforcement officers seized 4.44 kilograms of methamphetamine from a courier in June 2016; and New Mexico, where law enforcement officers seized six kilograms of heroin and 3.56 kilograms of methamphetamine from a courier at a U.S. Border Patrol checkpoint in Oct. 2016.

The superseding indictment also included forfeiture allegations, which sought forfeiture to the United States of the proceeds of the DTO’s drug trafficking and money-laundering activities, including $56,556 seized by the DEA during the investigation. 

Today, Diego Armando Rivas-Aguilar, 24, a Mexican national, was sentenced to 63 months in federal prison.  Rivas-Aguilar previously pled guilty to conspiracy to distribute methamphetamine and heroin, and to using a communication device in furtherance of a drug trafficking crime on June 29, 2018.  Rivas-Aguilar admitted that between April 2016 and Feb. 2017, he maintained a stash house in El Paso, Texas, where he distributed drugs imported into the United States, and the drugs were then transported to Albuquerque and other locations.  Rivas-Aguilar admitted that during this period, law enforcement agents seized approximately 15.2 kilograms of methamphetamine and 11.38 kilograms of heroin that had been delivered to the stash house and that Rivas-Aguilar subsequently delivered to transportation crews within the DTO.  Rivas-Aguilar is pending sentencing in another case in the U.S. District Court for the Western District of Texas.  He will be deported after completing his prison sentences in both cases. 

Martin J. Contreras, 26, of Rio Rancho, N.M., entered a guilty plea today to conspiracy and possession of methamphetamine and heroin with intent to distribute.  Contreras admitted that in Oct. 2016, he worked with others to distribute controlled substances in New Mexico by driving a vehicle loaded with drugs from Las Cruces to Albuquerque, and that on Oct. 10, 2016, law enforcement agents seized approximately 4.82 kilograms of methamphetamine and 2.38 kilograms of heroin that were concealed in his vehicle.  At sentencing, Contreras faces a statutory mandatory minimum of ten years and a maximum of life imprisonment followed by a period of supervised release to be determined by the court.

To date, 19 of the 22 defendants have entered guilty pleas.  One defendant has been sentenced.  Three defendants have yet to be arrested and are considered fugitives.  Charges in indictments and criminal complaints are only accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

The Las Cruces and Albuquerque offices of the DEA conducted the investigation with assistance from IRS Criminal Investigation, the U.S. Border Patrol, New Mexico State Police and Hatch Police Department.  Assistant U.S. Attorneys Selesia L. Winston and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases as part of the OCDETF Program and the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. 

The OCDETF Program is 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.

The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.  The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – Jerry Johnson, Jr., 57, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 161 months in prison for his second-degree murder conviction.  Johnson will be on supervised release for five years after completing his prison sentence.

The FBI arrested Johnson in July 2017 and charged him by criminal complaint with murdering a Navajo woman on the Navajo Indian Reservation in San Juan County, N.M.  According to the complaint, on June 26, 2017, Johnson struck the victim in the head with his fist, and then retrieved a knife and stabbed her in the back.  Johnson was indicted on a second-degree murder charge on Dec. 20, 2017.

On April 27, 2018, Johnson pled guilty to the indictment.  In entering the guilty plea, Johnson admitted that on June 26, 2017, he killed the victim by hitting her, and stabbing her once in the back with a kitchen knife.  

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Department of Public Safety.  Assistant U.S. Attorney Jennifer M. Rozzoni prosecuted the case.

This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Cruz Abeita, 28, an enrolled member of the Laguna Pueblo who resides in San Felipe, N.M., was sentenced today in federal court in Santa Fe, N.M., to 84 months of imprisonment for his conviction on a conspiracy charge and for violating the Hobbs Act.  Abeita will be on supervised release for three years after completing his prison sentence.  Abeita’s conviction arises out of the robbery of the Dancing Eagle Travel Center in Cibola County, N.M., on Dec. 30, 2016,

Abeita was arrested in Feb. 2017, on a criminal complaint charging him with armed robbery and brandishing a firearm during a crime of violence on Dec. 30, 2016, on the Laguna Pueblo in Cibola County.  According to the complaint, Abeita and another individual entered the Casa Blanca Travel Center on the Laguna Pueblo where they threatened the cashier with what appeared to be a handgun and stole money from the cash register.

On Oct. 3, 2017, Abeita pled guilty to a felony information charging him with conspiracy and violating the Hobbs Act by robbing a business engaged in interstate commerce.  In entering the guilty plea, Abeita admitted that on Dec. 30, 2016, he entered the Dancing Eagle Travel Center in Cibola County, with an associate, where they demanded money from the cashier and threatened the cashier with a replica pistol that appeared to be a real firearm. 

This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services, and the Laguna Police Department.  Assistant U.S. Attorney Michael D. Murphy prosecuted the case.

ALBUQUERQUE – Public and education officials and community advocates held a press conference today to discuss a series of short videos entitled, “Opioids, Alcohol and Athletes,” being distributed to middle and high schools throughout New Mexico as the 2018-2019 school year begins.  The videos, designed to educate student athletes, parents and coaches, about the dangers of opioids and alcohol, are a collaborative project of the Bernalillo County Department of Behavioral Health, the New Mexico Activities Association (NMAA), the New Mexico Parent Teachers Association (PTA), and Christopher Productions, LLC.

U.S. Attorney John C. Anderson hosted the press conference as part of the prevention and education component of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative to underscore the fact that New Mexico’s use of opioids, including use by teens and young adults, has become epidemic.  U.S. Attorney Anderson noted that the most recent New Mexico Youth Risk and Resiliency Survey (2015) reflected that 14.3% of students in grades 9 to 12 used prescription drugs without a prescription.  The Survey also reflected that 26.1% of students in grades 9 to 12 were current drinkers, with 20% having had their first drinks before age 13, and 19.7% having ridden with a drinking driver.  U.S. Attorney Anderson said, “These are startling facts that parents need to be aware of as their teenagers are returning to school.”

The “Opioids, Alcohol and Athletes” Project involved teens, parents, coaches and experts in creating a DVD with seven short videos for use in presentations to student athletes, parents and coaches.  Three of the videos are specifically oriented for the high school level and two for middle school level.  The Project was funded by Bernalillo County Department of Behavioral Health and the videos were produced by Christopher Productions, LLC.

“Combatting the opioid epidemic is a priority for Bernalillo County, and when it comes to kids, it hits close to home for many of us,” said Bernalillo County Commissioner Maggie Hart Stebbins.  “For some young athletes, the prescription pain medication they’ve been prescribed for sports injuries starts the tragic slide into opioid addiction.  During the 20 years my kids were involved in organized youth sports, I never once saw anything warning players or parents about the risks associated with the prescription painkillers used in treating sports injuries.  This information needs to be shared with every student athlete and every parent because it can save lives.”

Chris Schueler, President of Christopher Productions, LLC, noted that the NMAA is making copies of the DVD available to all schools involved in the Association, in addition to using the DVD in face-to-face programs that will reach youth throughout the state.  Mr. Schueler also noted that the NMAA has indicated that it will be loading the videos on its website, which gets approximately 750,000 hits per year.  Mr. Schueler said, “Having worked on the opioid issue for more than six years through our ‘No Exceptions’ Program, it is very encouraging to see these partners engaging youth and parents in such a significant way.  The distribution of this DVD to middle and high schools throughout the state will make a difference in the battle against the disease of addiction.”

The New Mexico PTA also is distributing the DVD to each PTA in the state, and will feature the “Opioid, Alcohol and Athletes” Project during its annual conference in May 2019.  Wendy Ford-Licon, President of the New Mexico PTA said, “New Mexico PTA and PTAs across the country remain steadfast in our longstanding commitment to advocate and make a difference for the education, health and well-being of all children.  Parents play an essential role in the fight to eradicate this epidemic.  We need to look in our medicine cabinets and see what our kids have access to.  Are the medications in our homes safe, secure and necessary?  Prevention starts at home and with all of us.”

The Albuquerque Public Schools (APS) already have distributed the DVD to all its high schools.  “APS has provided this DVD to all athletic directors at the high school level.  We hope it will open doors for candid conversations between student athletes, parents and coaches about the potential risks and dangers of substance abuse,” said Susan McKee, M.A., LPCC, Director of Counseling, APS Student, Family & Community Support Division.  “The DVD also provides an avenue for the Crossroads, or substance abuse, counselors to educate student athletes, sports teams and parents.”

Jennifer Weiss-Burke and Lou Duran, Executive Director and Community Advocate, respectively, at Healing Addiction in our Community (HAC) and Serenity Mesa, participated in the press conference.  Ms. Weiss-Burke and Ms. Duran both lost teenaged sons – student athletes who became addicted to prescription painkillers prescribed for sports-related injuries – to heroin overdoses in 2011.  They are now dedicated to providing support, education and treatment to families and communities fighting to end substance abuse among teens and young adults.

“It is critical for high school athletes and coaches to understand how potentially addictive and dangerous opioids can be.  Just because a doctor prescribed them does not mean they are safe,” said Ms. Weiss-Burke.  “Education is a key part in addressing the opioid epidemic that has affected so many people in New Mexico and across the United States.”

Ms. Duran added, “We have advocated for our youth across New Mexico for the past eight years, and we have learned that it takes much more than a village to raise a child – it takes an entire community!  We are thankful for the opportunity and hope that the takeaway from these videos is that education and awareness are key to keeping our youth safe, and know that addiction can happen to anyone regardless of age, race or socioeconomic status.”

Tim Sheahan, President & CEO of the Boys & Girls Club of Central New Mexico, a regular collaborator in the U.S. Attorney’s Office youth-related community outreach activities which have an anti-drug, anti-violence and anti-gang orientation, also participated in the press conference.  Mr. Sheahan said, “The Boys & Girls Club uses a team approach that involves our staff, parents and community partners.  We engage our members in discussion around decision-making skills, analyzing media and peer influence with the ultimate goal of promoting healthy lifestyles and encouraging responsible behavior.”

U.S. Attorney Anderson concluded the press conference by asking the media to join the partnership before them by letting the community know that the videos would be available to the public in about a week at safeteen.net.

The New Mexico HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid related deaths in New Mexico.   The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.

ALBUQUERQUE – Gabriel Sanchez, 29, of Albuquerque, N.M., was sentenced today in federal court to 84 months in prison for his conviction for using and brandishing a firearm during the robbery of a commercial business engaged in interstate commerce.  Sanchez will be on supervised release for three years after completing his prison sentence.

Co-defendant Virgal Malott, 23, also of Albuquerque, was charged by criminal complaint on Feb. 18, 2015.  According to the complaint, officers of the Albuquerque Police Department (APD) arrested Malott on outstanding state felony warrants on Feb. 14, 2015.  Thereafter, APD executed a state search warrant at his residence as part of an investigation into a series of armed robberies of Albuquerque-area businesses.  During the search, APD found a loaded firearm, which provided the basis for a federal criminal complaint charging Malott with being a felon in possession of a firearm and ammunition that was filed on Feb. 18, 2015, by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  In June 2015, Malott was charged in an 11-count indictment with violating the Hobbs Act by robbing seven businesses engaged in interstate commerce, carjacking, using and brandishing a firearm during crimes of violence, and with being a felon in possession of a firearm.  The indictment alleged that Malott committed the crimes in Bernalillo County, N.M., between Dec. 2014 and Jan. 2015.

The indictment was superseded in Aug. 2015, to add two defendants, Sanchez and Paul Lujan, 22, also of Albuquerque, and two more charges.  The superseding indictment charged the three men with conspiring to violate the Hobbs Act by robbing businesses engaged in interstate commerce in Jan. 2015, the armed robbery of five Albuquerque-area businesses, and using and brandishing firearms during crimes of violence.  It also charged Malott alone with the armed robbery of two additional Albuquerque-area businesses, carjacking, and with being a felon in possession of a firearm.  The superseding indictment alleged that the three men committed the crimes in Bernalillo County between Dec. 2014 and Jan. 2015.

On Aug. 2, 2018, Sanchez entered a guilty plea to a felony information charging him with using, carrying and brandishing a firearm during and in relation to a crime of violence.  In entering the guilty plea, Sanchez admitted that on Jan. 30, 2015, he brandished a firearm and pointed the firearm at two store clerks during the armed robbery of Loan Max located at 6108 Lomas Blvd., NE in Albuquerque.

On Aug. 17, 2017, Malott entered a guilty plea to three counts of the superseding indictment charging him with the armed robbery of a business engaged in interstate commerce, carjacking, and using and brandishing a firearm during a crime of violence.  In entering the guilty plea, Malott admitted robbing a title loan business located in Albuquerque on Dec. 22, 2014.  Malott acknowledged that he was armed when he committed the robbery.  He also admitted pointing the firearm at the business’s three employees and that he threatened to kill the employees.  Malott admitted committing a carjacking on Jan. 19, 2015, by pointing a firearm at an individual who was at an Albuquerque convenience store and demanding the individual’s wallet and keys.  Malott fled from the scene in the individual’s vehicle.  Malott was sentenced on Feb. 15, 2018, to 200 months in federal prison followed by three years of supervised release.

Lujan was arrested on Dec. 3, 2015, after he was transferred from state custody into federal custody.  On Aug. 15, 2017, Lujan pled guilty to a felony information charging him with using and carrying a firearm during a crime of violence.  In entering the guilty plea, Lujan admitted that on June 30, 2015, he acted as the getaway driver during the armed robbery of the Loan Max Title Loan in Albuquerque.  Lujan further admitted that he discarded a firearm while running from the police following the armed robbery.  Lujan was sentenced on April 11, 2018, to 60 months in federal prison followed by three years of supervised release. 

This case was investigated by the Albuquerque office of ATF and by APD, with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorneys Rumaldo A. Armijo and David M. Walsh prosecuted the case.

ALBUQUERQUE – Angelica Denise De La O, 26, of Lake Elsinore, Calif., pled guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge.  De La O entered the guilty plea without the benefit of a plea agreement. 

The DEA arrested De La O in Aug. 2017, after seizing approximately 4.9 kilograms (10.8 pounds) of heroin from her luggage during an interdiction investigation on Aug. 10, 2017, in Albuquerque.  De La O was indicted on Sept. 6, 2017, and was charged with possession of heroin with intent to distribute on Aug. 10, 2017, in Bernalillo County, N.M.

At sentencing, De La O faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  She remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the DEA.   Assistant U.S. Attorney Eva Fontanez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – New Mexico’s use of opioids, including use by teens and young adults, has become almost epidemic.  The most recent New Mexico Youth Risk and Residency Survey (2015) indicates that more than one in ten (14.3%) students in grades 9 to 12 use prescription drugs without a prescription.  The Survey also indicates that more than a quarter (26.1%) of students in grades 9 to 12 are current drinkers, with two in ten (20%) having had their first drinks before age 13.  Almost the same number (19.7%) rode with a drinking driver.

Public and education officials will meet with the media at 11:15 a.m. on THURSDAY, AUGUST 16, 2018, at the U.S. Attorney’s Office in Albuquerque to discuss “Opioids, Alcohol and Athletes,” a collaborative project of the Bernalillo County Department of Behavioral Health, the New Mexico Activities Association (NMAA), the New Mexico Parent Teachers Association (PTA), and Christopher Productions. 

The “Opioids, Alcohol and Athletes” Project consists of seven short videos designed to educate students, especially student athletes, parents and coaches about the dangers associated with opioids and alcohol, which are being distributed by the NMAA and New Mexico PTA to middle and high schools throughout New Mexico.  The Albuquerque Public Schools (APS) already has distributed the videos to each high school athletic director.  DVDs of the videos will be distributed during the press conference.

WHO:            

John C. Anderson, U.S. Attorney, District of New Mexico

Maggie Hart Stebbins, Commissioner, Bernalillo County

Dr. Katrina Hotrum-Lopez, Bernalillo County Dept. of Behavioral Health

Chris Schueler, President, Christopher Productions

Wendy Ford-Licon, President, New Mexico Parent Teachers Association

Susan McKee, Director of Counseling, APS Student, Family & Community Support Division

Jennifer Weiss-Burke, Executive Director, Healing Addiction in our Community (HAC), Serenity Mesa

Lou Duran, Community Advocate, HAC, Serenity Mesa

Tim Sheahan, President  & CEO, Boys & Girls Club of Central New Mexico

WHAT:         

Press Conference regarding the “Opioids, Alcohol and Athletes” Project

WHEN:         

Thursday, August 16, 2018 at 11:15 am

WHERE:              

U.S. Attorney’s Office, District of New Mexico

201 Third Street NW

10th Floor Multi-Media Room (Reception on Ninth Floor)

Albuquerque, NM 87102

OPEN PRESS

 NOTE: Media representatives must present government-issued photo I.D. (i.e., driver’s license) and valid media credentials.  Media representatives may begin to arrive at 10:45 a.m.  Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or alyssa.ferda@usdoj.gov.

The New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative is hosting this press conference as part of its prevention and education component.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, HAC, APS and many other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid related deaths in New Mexico.   The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.

ALBUQUERQUE – Jeremias Robertson, 26, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to 84 months in federal prison for being a felon in possession of a firearm and ammunition.  Robertson will be on supervised release for three years after completing his prison sentence.

Albuquerque Police Department (APD) officers arrested Robertson on Aug. 18, 2017, after he brandished a loaded firearm at an APD officer.  According to the criminal complaint, the officer had been dispatched to downtown Albuquerque in response to a call reporting that a man was pointing a firearm at people in the area.  When the officer arrived in the area, he observed Robertson holding a firearm.  When the officer ordered Robertson to drop the firearm, he pointed the firearm at the officer.  After Robertson continued to disregard the officer’s commands and brandished the firearm at the officer, the officer shot Robertson.  After Robertson was arrested, APD recovered the firearm, which was loaded with eight rounds of ammunition. 

Robertson subsequently was indicted on Sept. 21, 2017, and was charged with being a felon in possession of a firearm and ammunition on Aug. 18, 2017, in Bernalillo County, N.M.  According to the indictment, Robertson was prohibited from possessing firearms or ammunition because of his prior felony convictions for aggravated battery resulting in great bodily harm and fleeing a police officer.  Robertson pled guilty to the indictment on Jan. 16, 2018, without the benefit of a plea agreement. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD and was prosecuted by Assistant U.S. Attorney Howard Thomas.  The case was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.

ALBUQUERQUE – Deon Terrell Culberson, 39, of Wichita, Kan., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. 

The DEA arrested Culberson in Feb. 2018, after seizing approximately 0.7 kilograms (1.54 pounds) of methamphetamine from his luggage during an interdiction investigation on Feb. 20, 2018, in Albuquerque.  Culberson was indicted on March 13, 2018, and was charged with possession of methamphetamine with intent to distribute on Feb. 20. 2018, in Bernalillo County, N.M.

During today’s proceedings, Culberson pled guilty to the indictment and admitted that on Feb. 20, 2018, he possessed approximately 660 grams of methamphetamine while traveling from Las Vegas, Nev., to Albuquerque.  Culberson further admitted that he intended to deliver the methamphetamine to others upon reaching his final destination of Newton, Kan.

At sentencing, Culberson faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.

ALBUQUERQUE – Martin O. Madrid, 29, of Artesia, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing firearms and ammunition.  Madrid entered the guilty plea without the benefit of a plea agreement

Madrid, whose prior criminal history includes felony convictions for aggravated assault with a deadly weapon, child abuse, battery against a household member, extortion, possession of methamphetamine with intent to distribute, and being a felon in possession of a firearm, is being prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.

Madrid was arrested on May 4, 2018, on a criminal complaint charging him with being a felon in possession of firearms and ammunition on April 18, 2018, in Eddy County, N.M.  According to the complaint, law enforcement officers responded to a missing person call for service on April 18, 2018.  During the search for the missing person, who was found in the company of Madrid, officers arrested Madrid on an outstanding arrest warrant.  Officers seized a loaded firearm and ammunition from Madrid incident to his arrest.

 Madrid was indicted on July 18, 2018, and was charged with being a felon in possession of a firearm and ammunition.  Madrid was prohibited from possessing firearms or ammunition because of his status as a convicted felon. 

At sentencing, Madrid faces a maximum penalty of ten years in federal prison.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Eddy County Sheriff’s Office.  Assistant U.S. Attorney Selesia L. Winston of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Terrence Cachini, 31, an enrolled member and resident of Zuni Pueblo, N.M., pled guilty this afternoon in federal court in Albuquerque, N.M., to assaulting a minor resulting in serious bodily injury.  Cachini’s plea agreement recommends five years of imprisonment followed by a term of supervised release to be determined by the court.

Cachini was arrested on March 6, 2015, on a criminal complaint charging him with assaulting a female child by striking and biting her on Feb. 24, 2015, resulting in serious bodily injury to the victim.  According to the complaint, as the result of the assault, the victim sustained extensive bruising to her entire body consistent with multiple and repeated impacts, which could have resulted in muscle breakdown, kidney failure, and potentially death.

Cachini was indicted on March 24, 2015, and was charged with assaulting a female by striking, kneeing and biting her, resulting in serious bodily injury.  According to the indictment, Cachini committed the crime between Jan. 5, 2015 and Feb. 23, 2015, on Zuni Pueblo in McKinley County, N.M.

During today’s proceedings, Cachini pled guilty to an information charging him with assaulting a minor under the age of 16 years, resulting in substantial bodily injury.  In entering the guilty plea, Cachini admitted that between Jan. 5, 2015 and Feb. 23, 2015, he assaulted the minor victim on more than one occasion by striking and injuring the victim.  Cachini acknowledged that as the result of the assaults, the victim suffered lacerations and significant bruising.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department.  Assistant U.S. Attorney Sarah Mease is prosecuting the case.

ALBUQUERQUE – Neddanyl Sims, 27, an enrolled member of the Navajo Nation who resides in Nenahnezad, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to assault and firearms charges.  Sims entered the plea under a plea agreement that recommends he be sentenced to six years of imprisonment followed by a term of supervised release to be determined by the court.

Sims was arrested on Sept. 1, 2016, on a criminal complaint charging him with assault with a dangerous weapon and discharging a firearm during a crime of violence on Aug. 16, 2016.  According to the complaint, Sims shot at an occupied vehicle and injured one of the three occupants, following an argument over money.

Sims was indicted on Nov. 15, 2016, and was charged with assaulting two victims with a rifle with the intention of causing them bodily harm.  It also charged Sims with discharging a firearm during a crime of violence.  According to the indictment, Sims committed the offenses on Aug. 16, 2016, on the Navajo Indian Reservation in San Juan County, N.M.

During yesterday’s proceedings, Sims pled guilty to Count 1 of the indictment charging him with assault with a dangerous weapon and to a felony information charging him with possession of a firearm during and in relation to a crime of violence.  In entering the guilty plea, Sims admitted that on Aug. 16, 2016, he fired four rounds at the victim’s vehicle intending to do bodily harm following an argument over money Sims owed to the victim.  Sims acknowledged that several shots hit the victim’s vehicle, one of which struck the victim’s arm. 

Sims was arrested on tribal charges on Aug. 16, 2016, and remained in tribal custody until he was transferred into federal custody on Sept. 1, 2016.  He has been in federal custody since that time and will remain detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Farmington office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.

ALBUQUERQUE – Jason Jonas Lee, 34, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., pled guilty this morning in federal court to a misdemeanor assault charge.

Lee was arrested on Jan. 11, 2018, on a four-count indictment charging him with two counts of assault with a dangerous weapon with the intention of doing bodily harm, and two counts of assault resulting in serious bodily injury.  The indictment alleged that Lee committed the crimes against two victims, one with a baton and the other with a crowbar.  According to the indictment, Lee committed the crimes on April 14, 2017, on the Navajo Indian Reservation in San Juan County, N.M.

During today’s proceedings, Lee pled guilty to a misdemeanor information charging him with assault by striking, beating and wounding.  In entering the guilty plea, Lee admitted that on April 14, 2017, he entered the residence of one of the victims and assaulted the victim with a baton.  After leaving the residence, he struck the other victim with the baton.  Lee acknowledged that both victims sustained injuries as a result of his actions, and one of the victims required orthopedic surgery to repair a broken arm sustained as the result of Lee’s assault. 

At sentencing, Lee faces a maximum statutory penalty of a year of imprisonment.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting the case.

ALBUQUERQUE – Aaron Alonzo, 35, an enrolled member of Laguna Pueblo who resides in Dulce, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to a kidnapping charge.  Alonzo entered the guilty plea under a plea agreement that recommends a prison sentence within the range of 60 to 120 months followed by a term of supervised release to be determined by the court.

Alonzo was arrested on Feb. 6, 2017, on an indictment charging him with aggravated sexual abuse, kidnapping, and assault of an intimate partner by strangling or suffocating.  According to the indictment, Alonzo committed the offenses on Nov. 7, 2015, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.

During yesterday’s proceedings, Alonzo pled guilty to the kidnapping charge.  In entering the guilty plea, Alonzo admitted seizing and confining the victim in a residence against her will on Nov. 7, 2015, to prevent her from calling the police.  Alonzo also admitted threatening the victim with physical violence if she attempted to leave the residence or to reveal his presence to a visitor in the residence.  When the victim escaped from the residence the following morning, Alonzo fled when he learned that the police had been called.

Alonzo remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Jicarilla Apache Tribal Police Department.  Assistant U.S. Attorney Michael D. Murphy is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Christopher Murillo, 38, of Silver City, N.M., pled guilty yesterday in federal court in Las Cruces, N.M., to a heroin trafficking charge and being a felon in possession of a firearm and ammunition.

Murillo was arrested on Feb. 11, 2018, on a criminal complaint alleging drug trafficking and firearms offenses.  According to the complaint, Silver City Police Department officers seized approximately 30.2 grams of heroin, 412.7 grams of marijuana, a loaded firearm, and drug paraphernalia in Murillo’s vehicle while executing a search warrant following a traffic stop on July 6, 2017, in Grant County, N.M.  Murillo was prohibited from possessing firearms or ammunition, because of his prior felony convictions for aggravated burglary, larceny, larceny of a firearm, and breaking and entering. 

During yesterday’s proceedings, Murillo pled guilty to a felony information charging him with possessing heroin with intent to distribute and being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Murillo admitted that on July 6, 2017, Silver City Police Department officers found 30 grams of heroin and a firearm in his vehicle while executing a search warrant after an officer smelled marijuana emitting from his vehicle during a traffic stop.  Murillo admitted ownership of both the heroin and firearm, and acknowledged that that he intended to distribute the heroin to others in exchange for money.  Murillo also acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

At sentencing, Murillo faces a maximum penalty of 20 years in federal prison.  He remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by Homeland Security Investigations and the Silver City Police Department.  Assistant U.S. Attorney Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – Shannon Allen, 33, an enrolled member of the Navajo Nation who resides in Mariano Lake, N.M., was sentenced today in federal court in Albuquerque, N.M., to 34 months in prison for her conviction on an involuntary manslaughter charge.  Allen will be on supervised release for three years after completing her prison sentence.

Allen was arrested in Oct. 2017, on a criminal complaint charging her with killing a man on Sept. 23, 2017, on the Navajo Indian Reservation in McKinley County, N.M.  According to the complaint, Allen killed the victim when she lost controlled of her vehicle and caused her vehicle to rollover.  At the time, Allen was driving under the influence of alcohol. 

Allen subsequently was indicted on Oct. 24, 2017, and was charged with involuntary manslaughter.  On May 10, 2018, Allen pled guilty to the indictment and admitted killing the victim while driving recklessly and under the influence of alcohol.  Allen acknowledged that the alcohol rendered her incapable of exercising clear judgment and a steady hand in operating the vehicle. 

This case was investigated by the Crownpoint office of the Navajo Nation Department of Public Safety and Assistant U.S. Attorney Raquel Ruiz-Velez prosecuted the case. 

ALBUQUERQUE – Ruben Acosta, 48, of Albuquerque, N.M., and Juventino Villapando-Torrez, 40, a Mexican national, pled guilty in federal court to methamphetamine trafficking charges.  Acosta entered his guilty plea yesterday and Villapando-Torrez entered his plea today.  Both entered their guilty pleas without the benefit of plea agreements.

HIDTA Region III Narcotics Task Force officers arrested Acosta and Villapando-Torrez on Nov. 28, 2017, after the two men distributed approximately 2,422.6 grams (5.34 pounds) of methamphetamine to undercover law enforcement officers at the San Felipe Travel Center in Sandoval County, N.M.

Acosta and Villapando-Torrez were indicted on Dec. 20, 2017, and were charged with conspiracy to distribute methamphetamine in Bernalillo and Sandoval Counties, N.M., and distribution of methamphetamine in Sandoval County.  According to the indictment, the defendants committed the offenses on Nov. 28, 2017.

At sentencing, the defendants each face a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  Villapando-Torrez will be deported after completing his prison sentence.  Both men remain in custody pending sentencing hearings, which have yet to be scheduled.

This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Alexander Uballez.

The HIDTA – High Intensity Drug Trafficking Area – Program is a program of the White House Office National Drug Control Policy (ONDCP) that facilitates cooperation among federal, state, local and tribal law enforcement to foster intelligence sharing and to support the execution of effective enforcement operations aimed at dismantling drug trafficking organization in critical drug trafficking regions of the United States.  The HIDTA Region III Narcotics Task Force is comprised of the New Mexico State Police, the Santa Fe County Sheriff’s Office and the Santa Fe Police Department.

ALBUQUERQUE – Three men were arraigned this morning in federal court in Albuquerque, N.M., on an indictment charging them with conspiring to defraud the United States by using credit cards issued by their employer, the Bureau of Indian Education (BIE), to purchase thousands of dollars of goods and services for their personal use between Aug. 2013 and Dec. 2016.  Albuquerque residents Simon Nunez, Jr., 67, and David M. Parrish, 63, and Leland Martinez, 56, of Los Lunas, N.M., entered not guilty pleas during this morning’s proceedings, and were released under pretrial supervision pending trial, which has yet to be scheduled.

The nine-count indictment, which was filed on July 27, 2018, charges the defendants with conspiracy and theft from the United States.  It also charges Nunez with making false statements to federal investigators.  It alleges that the defendants committed the offenses between Aug. 2013 and Dec. 2016, in New Mexico.  Parrish and Nunez voluntarily retired from BIE in Dec. 2016 when the investigation into the case was initiated, and Martinez was placed on administrative leave. 

According to the indictment, BIE is a sub-department of the U.S. Department of the Interior (DOI).  Parrish and Martinez were BIE employees authorized to make purchases for BIE using government-issued credit cards, who were supervised by Nunez, a BIE supervisory employee with the authority to approve or deny purchases made by Parrish and Martinez and who maintained records listing the justifications for the use of the government funds to make purchases. 

Count 1 of the indictment, the conspiracy count, alleges that Nunez, Parrish and Martinez engaged in a scheme to misuse their government-issued credit cards for their personal use and the use of family members, and to misrepresent those purchases as authorized government purchases.  Counts 2 through 8 of the indictment allege that from Aug. 2013 through Oct. 2016, the defendants embezzled more than $1000 from the United States.  During that period, the defendants allegedly used government funds to purchase storage sheds, tarps, a chainsaw, hot water heaters, a brush mower, two laptops, clothing and shoes, tools, earphones, and other personal items and allegedly created false BIE records to justify the use of government funds to make those purchases.  Count 9 of the indictment charges Nunez with making false statements to federal investigators of the DOI Office of Inspector General on Dec. 22, 2016.

If convicted of the charges in the indictment, the defendants each face a maximum statutory penalty of five years of imprisonment and a $250,000 fine on the conspiracy charge, and a maximum statutory penalty of ten years of imprisonment and a $250,000 fine on the theft of government funds charges.  Nunez faces a maximum statutory penalty of five years of imprisonment and a $250,000 fine on the false statement charge.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law. 

This case was investigated by the Department of the Interior’s Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

Nunez et al. Indictment

ALBUQUERQUE – Steven J. Anichowski, 26, of San Diego, Calif., was arraigned yesterday morning in federal court in Albuquerque, N.M., on an indictment charging him with conspiring to violate the Illegal Export and Attempted Export of Defense Articles Act by scheming to illegally export defense articles to Japan, Taiwan and Hong Kong, and other charges.

 U.S. Attorney John C. Anderson, Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso and Inspector in Charge Melisa Llosa of the Phoenix Division of the U.S. Postal Inspection Service announced the filing of charges against Anichowski, and his co-defendants, Jonathan J. McGechie, 31, of Socorro, N.M., and Takumi Nishimori, a Japanese national.

The indictment alleges that from Sept. 2010 through April 2016, Anichowski procured, sold and shipped firearm components, defense articles and military items, which were on the U.S. Munitions List and subject to export control by the U.S. Department of State, directly and through intermediaries, to individuals in Japan, Taiwan and Hong Kong.  The indictment further alleges that Anichowski did not apply for a license or authorization from the U.S. Department of State, to ship these items overseas, and did not register with the U.S. Department of State as required under the Arms Export Control Act. 

According to the indictment, in Jan. 2014, Nishimori was involved in illegally procuring firearm components from Anichowski and others in the United States and elsewhere as part of an international network that allegedly trafficked in firearm components, defense articles, and military items.  The indictment alleges that Anichowski exported firearm components, defense articles, and military items to individuals, including Nishimori, using the U.S. Postal Service (USPS).  It also alleges that on numerous occasions between Jan. 2014 and Aug. 2016, Anichowski directed others, including McGechie, to falsify USPS international shipment forms by falsely describing items to be shipped, undervaluing the items, and mischaracterizing the end-user information. 

The seven-count indictment, which was filed in the U.S. District Court for the District of New Mexico on Feb. 14, 2018, contains the following charges:

• Count 1 charges Anichowski and Nishimori with conspiracy to violate the Illegal Export and Attempted Export of Defense Articles Act.  The statutory penalty on conviction is maximum of five years of imprisonment and a $250,000 fine.
• Count 2 charges Anichowski and Nishimori with violating the Illegal Export and Attempted Export of Defense Article Act by exporting and attempting to export defense articles to Japan without the required license or authorization from the U.S. Department of State in March 2016.  The statutory penalty on conviction is maximum of five years of imprisonment and a $250,000 fine.
• Count 3 charges Anichowski and Nishimori with violating the Illegal Export and Attempted Export of Defense Article Act by exporting and attempting to export defense articles to Taiwan without the required license or authorization from the U.S. Department of State in June 2016.  The statutory penalty on conviction is maximum of five years of imprisonment and a $250,000 fine.
• Count 4 charges that Anichowski and Nishimori with smuggling military articles from the United States from Jan. 2014 through Aug. 2016.  The statutory penalty on conviction is maximum of ten years of imprisonment and a $250,000 fine.
• Counts 5 and 6 charge Anichowski and McGechie, respectively, with making false statements on Customs Forms in which each falsely described firearms parts as toy parts on in 2016.  The statutory penalty on conviction is maximum of five years of imprisonment and a $250,000 fine.
• Count 7 charges Anichowski and Nishimori with committing money laundering by transmitting funds derived from illegally exporting defense articles from Japan to the United States through an online payment account to promote the carrying out of unlawful activity in April 2015.  The statutory penalty on conviction is a maximum of 20 years in federal prison and a $500,000 fine.
   

During yesterday’s arraignment hearing, Anichowski entered a plea of not guilty to the charges against him in the indictment.  Anichowski remains on conditions of pretrial release pending trial, which has yet to be scheduled.  Nishimori and McGechie have yet to be arrested.

Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The Albuquerque office of HSI and the U.S. Postal Inspection Service led the investigation of this case with assistance from the FBI, the U.S. Department of Commerce and the U.S. Naval Criminal Investigative Service.  Assistant U.S. Attorney George C. Kraehe is prosecuting the case. 

ALBUQUERQUE – Steven Vaillancourt, II, 45, of Las Cruces, N.M., pled guilty today in federal court to distributing and possessing child pornography.  As the result of his guilty plea, Vaillancourt faces a statutory mandatory minimum penalty of five years and a maximum of 20 years of imprisonment for distributing child pornography and a maximum penalty of 20 years of imprisonment for possessing child pornography.  Vaillancourt also will be required to register as a sex offender. 

Vaillancourt was arrested on child pornography offenses in March 2018.  According to the criminal complaint in which he was charged, Homeland Security Investigations (HSI) executed a search warrant on an email account, which revealed that Vaillancourt had been communicating with another individual about sharing and producing child pornography of that individual’s minor children.  Vaillancourt also sent three child pornography images to the individual’s cellular phone through text messaging.

Vaillancourt was indicted on July 18, 2018.  The indictment charged Vaillancourt with two counts of distributing child pornography and three counts of possessing child pornography.  According to the indictment, Vaillancourt committed the offenses in March 2018 in Dona Ana County, N.M. 

During today’s proceedings, Vaillancourt pled guilty to one count of distributing child pornography and three counts of possessing child pornography.  In entering the guilty plea, Vaillancourt admitted sending two images of child pornography to another person on March 12, 2018.  Vaillancourt also admitted that law enforcement officers who executed a search warrant at his residence on March 13, 2018, found three hard drives that contained an aggregate of 6,431 images and 90 videos of child pornography.

Vaillancourt has been in custody since his arrest and will remain in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Las Cruces office of HSI and the Las Cruces Police Department with assistance from the National Recognizance Office, Office of Inspector General.  Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office 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 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 at (575) 526-3437, or to contact Homeland Security Investigations at 1-866-DHS-2-ICE.

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 – Charmaine Peralta, 38, of Albuquerque, N.M., was sentenced yesterday in federal court to 30 months in prison for assaulting a federal law enforcement officer.  Peralta will be on supervised release for three years after she completes her prison sentence.

The U.S. Marshals Service (USMS) charged Peralta in Jan. 2017, with assaulting a federal officer in Bernalillo County, N.M.   According to the criminal complaint, Peralta assaulted a Probation Officer of the New Mexico Corrections Department who was deputized as a special federal officer and was serving as a Task Force Officer of the USMS’s South West Investigative Fugitive Team (SWIFT) on Jan. 19, 2017, when the SWIFT Team was executing a warrant for Peralta’s arrest.  Peralta assaulted the Task Force Officer by biting her on the arm, resulting in bleeding and bruising, and by kicking the Officer repeatedly in the chest.

Peralta was indicted on March 14, 2017, and was charged with assaulting a federal officer.  On Jan. 19, 2018, Peralta pled guilty to the indictment without the benefit of a plea agreement.

This case was investigated by the USMS’s SWIFT Team with assistance from the New Mexico Corrections Department and was prosecuted by Assistant U.S. Attorney David M. Walsh.

ALBUQUERQUE – Mark Silva, 48, of Sundance, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 60 months of imprisonment followed by five years of supervised release for his conviction on a sexual abuse charge.  Silva will also be required to register as a sex offender.

The FBI arrested Silva on April 4, 2017, on an indictment that charged him with sexually abusing an Indian woman on May 1, 2016, on the Navajo Indian Reservation in McKinley County, N.M.

On Oct. 12, 2017, Silva pled guilty to the indictment and admitted that on May 1, 2016, he sexually abused a Navajo woman.  Silva admitted engaging in the sexual act while knowing that the victim was incapable of declining to participate in, or communicating the unwillingness to engage in, the sexual act. 

This case was investigated by the Gallup office of the FBI and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Johtonnie Yazzie, 30, of Rocksprings, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 45 months in prison followed by ten years of supervised release for possessing child pornography.  Yazzie also will be required to register as a sex offender after he completes his prison sentence.

The FBI and McKinley County Sheriff’s Office arrested Yazzie on Dec. 20, 2016, on an indictment, which was filed on Dec. 7, 2016, charging him with possessing visual depictions of minors engaged in sexually explicit conduct.  According to the indictment, Yazzie committed the crime between Jan. 2016 and May 2016, in McKinley County, N.M.

On Jan. 8, 2018, Yazzie pled guilty to the indictment.  In his plea agreement, Yazzie admitted that from Jan. 2016 through May 2016, he downloaded videos and images of child pornography from the internet and saved them onto his cellular phone.  Yazzie acknowledged that his cellphone contained 366 images and 61 videos of child pornography. 

This case was investigated by the Gallup office of the FBI and the McKinley County Sheriff’s Office.  It was prosecuted by Assistant U.S. Attorney Sarah Mease 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/.

The case also was brought as a part of the New Mexico 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 Office of the Attorney General.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.