District of New Mexico

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict late yesterday afternoon finding Melvin Russell guilty on an aggravated sexual abuse charge following a four-day trial.  Russell, a previously convicted sex offender, faces a statutory maximum penalty of life imprisonment when he is sentenced on the conviction.  U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Department of Public Safety (NNDPS) announced the jury’s guilty verdict.

The FBI and NNDPS arrested Russell, 53, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., in July 2014, on a criminal complaint charging him with sexually abusing a Navajo woman on May 20, 2014, on the Navajo Nation in San Juan County, N.M.  Russell subsequently was indicted on July 24, 2014, and was charged with aggravated sexual abuse.

Trial on the indictment commenced on May 7, 2018, and concluded yesterday afternoon when the jury returned a guilty verdict against Russell on the sole count of the indictment.

Testimony at trial established that late in the evening on May 19, 2014, until the early morning of May 20, 2014, Russell forced the victim to engage in sexual intercourse with him by threatening her with a large samurai sword.  The victim, a friend, and the friend’s child were at Russell’s residence on the evening of May 19, 2014, where they all consumed alcohol. 

The victim testified that, after the friend and the child went to sleep, Russell became sexually aggressive towards her, while grabbing her around the neck, choking her.  The victim testified that Russell then pulled out a large samurai-type sword and threatened to kill her if she did not submit to him.  The victim testified that Russell sexually abused her while continuing to strike and choke her.  On the morning of May 20, 2014, the victim, the friend, and the child left Russell’s residence, contacted police, and sought medical care for the victim for injuries and trauma caused by the sexual assault.

The jury deliberated approximately two hours before returning a guilty verdict.

At sentencing, Russell faces a maximum penalty of life in federal prison, a $250,000 fine, and will be required to register as a sex offender.  Russell remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the NNDPS.  Assistant U.S. Attorney’s Joseph M. Spindle and Elisa Dimas are prosecuting this 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 – Jaime Santiesteban, 37, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by being a felon in possession of a firearm and ammunition.  Santiesteban’s plea agreement recommends a prison sentence within the range of 63 to 92 months followed by a term of supervised release to be determined by the court.

Santiesteban was arrested in Sept. 2017, and charged by criminal complaint with being a felon in possession of a firearm and ammunition on Sept. 7, 2017.  According to the complaint, Albuquerque Police Department (APD) officers found ammunition in a stolen vehicle recently occupied by Santiesteban and a firearm in the backyard of a residence that Santiesteban had run past while attempting to evade arrest. 

Santiesteban was indicted on Sept. 21, 2017, and was charged with being a felon in possession of a firearm and ammunition on Sept. 7, 2017, in Bernalillo County, N.M.  According to the indictment, Santiesteban was prohibited from possessing firearms or ammunition because he previously had been convicted of multiple felony offenses, including contributing to the delinquency of a minor, possession of a controlled substance, being a felon in possession of a firearm, tampering with evidence, and battery on a peace officer.

During today’s proceedings, Santiesteban pled guilty to the indictment.  In entering the guilty plea, Santiesteban admitted that on Sept. 7, 2017, APD detectives were conducting an operation when they heard gunshots, and observed Santiesteban driving a stolen truck.  He also admitted that the APD detectives found a firearm magazine in the stolen truck and a firearm missing a magazine in the backyard of a residence where he discarded the firearm as he attempted to flee from the detectives.  Santiesteban acknowledged that he attempted to evade arrest because he was a convicted felon and was prohibited from possessing firearms or ammunition.

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

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD.  Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case 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 removing them from communities in New Mexico for as long as possible.

ALBUQUERQUE – Enrique S. Cavazos, 32, of Tijeras, N.M., was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., to six years in prison followed by three years of supervised release for his conviction on marijuana trafficking and money laundering conspiracy charges.  Cavazos also was ordered to forfeit the proceeds of his drug trafficking and money laundering activities, including real estate, vehicles, cash, weapons, and jewelry, valued at more than $1,883,500.

U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Office of IRS-Criminal Investigation, and Chief Michael Geier of the Albuquerque Police Department (APD), announced Enrique Cavazos’ sentence.

Enrique Cavazos was arrested in Nov. 2015, after a federal grand jury filed a 26-count indictment charging him, his wife, Lindsey A. Cavazos, 33, and six others with marijuana trafficking and money laundering charges.  The indictment was the result of a two-year investigation by the FBI, IRS-Criminal Investigation and APD into a drug trafficking organization led by Enrique Cavazos that distributed high-grade marijuana throughout New Mexico and across the country.  The investigation revealed that the Cavazos drug trafficking organization cultivated and purchased high-grade marijuana in California, distributed the marijuana throughout the country, and laundered its drug proceeds through a number of businesses and bank accounts in New Mexico.

According to the indictment, Enrique and Lindsey Cavazos and six co-conspirators participated in a marijuana trafficking conspiracy that existed from at least Jan. 2008 through Nov. 2015, and operated in the District of New Mexico and elsewhere.  The indictment alleged that Enrique Cavazos operated his marijuana trafficking business by directing co-conspirators to purchase large quantities of marijuana in California and distribute the marijuana in New Mexico and other destinations across the country.  It further alleged that Lindsey Cavazos was responsible for keeping the books on businesses she and her husband established with proceeds from their marijuana trafficking activities and for the purpose of laundering their drug proceeds.  The indictment charged the couple with engaging in a money laundering conspiracy and using bank accounts in the names of several of their businesses, including a restaurant and a car dealership, to launder their drug proceeds.

The indictment was superseded in Aug. 2016, to add money laundering charges against three new defendants:  Steven Becerra, 62, the owner of the Becerra Group Tax and Accounting Firm in Albuquerque, who previously was employed by the IRS for 18 years; Deborah Gutierrez, 55, who operated Automated Financial Technologies, which is no longer in business; and Glen F. Lucero, 66, a retired school teacher.  The superseding indictment also removed Felix Cavazos, Enrique Cavazos’s father who passed away after the original indictment was filed, from the list of defendants.

On May 24, 2017, Enrique Cavazos pled guilty to a drug trafficking conspiracy charge and a money laundering conspiracy charge.  In his plea agreement, Cavazos admitted participating in a conspiracy to distribute marijuana between Jan. 2008 and Nov. 2015, and acknowledged that the conspiracy included the cultivation, shipment and sale of marijuana to wholesalers and end-use customers.  Enrique Cavazos also admitted conspiring with others from Jan. 2009 through Nov. 2015, to launder the cash proceeds from his marijuana distribution conspiracy, and engaging in numerous financial transactions using his drug proceeds, which were designed to conceal the nature, source and ownership of the illegal proceeds.

Also on May 24, 2017, Lindsey Cavazos entered a guilty plea to a money laundering conspiracy charge.  In her plea agreement, she admitted that from Jan. 2009 through Nov. 2015, she conspired with others to launder the cash proceeds from marijuana distribution.  Like her husband, Lindsey Cavazos admitted engaging in numerous financial transactions using drug proceeds, which were designed to conceal the nature, source and ownership of the illegal proceeds.  Lindsey Cavazos’ plea agreement recommends that she be sentenced to a five-year term of probation.  A sentencing hearing for Lindsey Cavazos has not been scheduled.

As part of their plea agreements, the Cavazos agreed to forfeit property derived, either directly or indirectly, from proceeds obtained from their drug trafficking and money laundering activities including:

• The Tijeras, N.M., residence of Enrique and Lindsey Cavazos, valued at $468,000;
• Two parcels of real property located on Grand Avenue in Las Vegas, N.M., valued at $227,032;
• A parcel of real property located on 12th Street in Las Vegas, N.M., valued at $42,500;
• A parcel of real property located on Grant Street in Las Vegas, N.M., valued at $50,000;
• A parcel of real estate located at 8th Street and Sperry Street in Las Vegas, N.M., valued at $229,000;
• The funds, totaling approximately $104,513.21, in nine bank accounts in the names of companies owned and controlled by Enrique and Lindsey Cavazos;
• 18 vehicles with an aggregate value of $177,500;
• Two Rolex watches valued at $35,600;
• Three pieces of sapphire and diamond jewelry owned by Lindsey Cavazos valued at $1,025.33;
• $473,040 in cash; and
• The fixtures and equipment from Café Bien, a restaurant formerly located on Central Avenue, SW, in Albuquerque, N.M., that was owned and operated by Enrique and Lindsey Cavazos.
   

Two of the Cavazos’ co-defendants have entered guilty pleas, and one has been sentenced.  Antonio Ruelas, 33, of Rio Rancho, N.M., pled guilty on Sept. 8, 2017, and was sentenced on May 2, 2018, to 30 months in federal prison followed by three years of supervised release.  Daniel Nieto, 40, of Carlsbad, N.M., pled guilty on May 25, 2017, and is scheduled for sentencing on May 24, 2018. 

The remaining six defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which has yet to be scheduled.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The investigation of this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a 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.  It was conducted by the Albuquerque offices of the FBI and IRS Criminal Investigation and the APD.  Assistant U.S. Attorneys Jennifer M. Rozzoni, Timothy S. Vasquez and Joel R. Meyers are prosecuting the case, and Assistant U.S. Attorney Stephen R. Kotz is handling the forfeiture matters.

ALBUQUERQUE – Shannon Allen, 32, an enrolled member of the Navajo Nation who resides in Mariano Lake, N.M., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge.  Allen’s plea agreement recommends a 34-month prison sentence followed by a term of supervised release to be determined by the court. 

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 rolled her vehicle over.  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.  During today’s proceedings, 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.  A sentencing hearing has yet to be scheduled.

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

ALBUQUERQUE – Jesus Quiroz, 36, of Tucson, Ariz., was sentenced yesterday in federal court in Las Cruces, N.M., to 120 months in prison for his conviction on a cocaine trafficking charge arising out of the seizure of 148 pounds of cocaine and 10.5 pounds of fentanyl at the New Mexico Port of Entry near Lordsburg, N.M., on Sept. 9, 2016.  Quiroz will be on supervised release for five years after completing his prison sentence.

Quiroz was arrested on Sept. 9, 2016, on a criminal complaint charging him with possession of cocaine with intent to distribute in Hidalgo County, N.M.  According to the complaint, Quiroz was arrested after New Mexico State Police officers at the New Mexico Port of Entry on Interstate 10 in Lordsburg seized 63 individually wrapped packages containing what officers then believed to be 72 kilograms of cocaine from a tractor and trailer in which Quiroz was traveling.  At the time of his arrest, Quiroz was on probation for a state cocaine trafficking conviction in Arizona.

Quiroz subsequently was indicted on Dec. 14, 2016, and was charged in a two-count indictment with possession of cocaine with intent to distribute, and possession of visual depiction of a minor engaged in sexually explicit conduct.  Quiroz was charged with committing the crimes on Sept. 9, 2016, in Hidalgo County.

On Jan. 18, 2017, Quiroz pled guilty to Count 1 of the indictment charging him with possession of cocaine with intent to distribute.  In entering the guilty plea, Quiroz admitted that on Sept. 9, 2016, he drove a commercial vehicle containing approximately 72 kilograms of cocaine into the Lordsburg, New Mexico Port of Entry.  Quiroz further admitted that he intended to deliver the cocaine to another person.

Court records indicate that, after Quiroz entered his guilty plea, laboratory tests performed on the drugs seized from Quiroz’s tractor-trailer revealed that the drugs consisted of approximately 67.26 kilograms of cocaine and 4.84 kilograms of fentanyl. 

This case was investigated by Homeland Security Investigations and the New Mexico State Police.  Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Two Mexican nationals, illegally present in the United States, entered guilty pleas today to operating a counterfeit airbag business out of their residence in Albuquerque, N.M.  Dina Gonzalez-Marquez, 24, and Emilio Gonzalez-Marquez, 22, entered their guilty pleas under plea agreements that recommend a five-year term of probation.  The plea agreements state that the probationary terms should be unsupervised because the guilty pleas will result in the defendants’ deportation. 

The defendants, who are siblings, pleaded guilty to charges in an indictment filed on April 26, 2017.  The indictment charged the defendants with conspiring to traffic in counterfeit goods and two counts of trafficking in counterfeit goods.  According to the indictment, Dina Gonzalez-Marquez and Emilio Gonzalez-Marquez conspired to traffic in counterfeit goods from Jan. 2015 to March 2017, by operating a business that sold counterfeit airbag modules and airbag covers out of their Albuquerque residence.  It also alleged that they facilitated the conspiracy by listing and selling counterfeit airbag modules and airbag covers online, shipping the counterfeit goods to purchasers, and conducting in person sales of the counterfeit goods.

During today’s proceedings, Dina Gonzalez-Marquez and Emilio Gonzalez-Marquez each pled guilty to conspiracy and trafficking in counterfeit goods.  In entering their guilty pleas, the siblings admitted that they purchased counterfeit airbags and airbag covers from overseas and listed them for sale on different internet sites.  They acknowledged that they continued to sell counterfeit airbags and airbag covers even after being contacted by one of the internet sites and a vehicle manufacturer, and were instructed to cease and desist advertising and selling the counterfeit airbags and airbag covers.

Dina Gonzalez-Marquez and Emilio Gonzalez-Marquez specifically admitted that on Aug. 10, 2016, they sold a counterfeit airbag module, which they represented as authentic, to a customer.  They further admitted that on March 1, 2017, Dina Gonzalez-Marquez communicated with a customer regarding the purchase of two airbag covers, and Emilio Gonzalez-Marquez later sold the counterfeit airbag covers to that customer after representing the covers as authentic. 

Pursuant to their plea agreements, the siblings agreed to forfeit approximately 143 airbags and airbag covers, four storage devices, four laptops, and $2,510 in cash. 

The defendants’ sentencing hearings have yet to be scheduled.

 This case was investigated by the Albuquerque office of HSI, and is being prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Sean J. Sullivan.

ALBUQUERQUE – Jimmy Myers, 24, of Lockhart, Texas, pled guilty today in federal court in Las Cruces, N.M., to a narcotics trafficking charge arising out of the sale of methamphetamine to an undercover law enforcement agent.

Myers and co-defendants Jesus Sanchez, 31, of Carlsbad, N.M., and Stephanie Murray, 30, of Loving, N.M., were charged with methamphetamine trafficking offenses in a three-count indictment filed on Dec. 13, 2017.  The indictment charged Myers, Sanchez and Murray with participating in a methamphetamine trafficking conspiracy and with distributing methamphetamine on April 28, 2017.  Myers also was charged with distributing methamphetamine on May 18, 2017.  According to the indictment, the defendants committed the crimes in Eddy County, N.M.

During today’s change of plea hearing, Myers pled guilty to distributing more than 50 grams of methamphetamine.  In entering the guilty plea, Myers admitted distributing 93 grams of methamphetamine to an undercover law enforcement agent in exchange for $2,200 in Carlsbad on May 18, 2017.

At sentencing, Myers faces a mandatory minimum penalty of five years and a maximum of 40 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 New Mexico State Police.  Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Twaine Willie, 26, an enrolled member of the Navajo Nation who resides in Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.  Willie entered the guilty plea under a plea agreement that recommends that he be sentenced to a prison term within the range of 24 to 30 months followed by a term of supervised release to be determined by the court.

Willie was arrested on Jan. 18, 2018, on a criminal complaint charging him with assaulting a Jicarilla Apache man with a baseball bat on Jan. 3, 2018, on the Jicarilla Apache Nation in Rio Arriba County, N.M.  According to the complaint, the victim sustained a compound fracture of his lower right leg as the result of the assault. 

During today’s proceedings, Willie pled guilty to a felony information charging him with assault resulting in serious bodily injury.  In entering the guilty plea, Willie admitted that on Jan. 3, 2018, he pushed and beat the victim, who required surgery to repair a compound fracture to his right tibia.  Willie remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department, and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback.

ALBUQUERQUE – Goldyne Duran, 27, of Espanola, N.M., pled guilty today in federal court in Albuquerque, N.M., to heroin and methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.

The FBI and HIDTA Region III Narcotics Task Force arrested Duran in Aug. 2017, on a criminal complaint alleging that she possessed heroin, methamphetamine and cocaine with intent to distribute on July 11, 2017, in Rio Arriba County, N.M.  According to the complaint, law enforcement agents seized approximately 41.9 ounces (1,187.85 grams) of heroin, 13.3 ounces (377.05 grams) of cocaine, 17.6 ounces (498.95 grams) of methamphetamine, large amounts of currency, a firearm, and drug paraphernalia while executing a state search warrant on Duran’s residence. 

During today’s proceedings, Duran pled guilty to a felony information charging her with possession of methamphetamine and heroin with intent to distribute.  In entering the guilty plea, Duran admitted that on July 11, 2017, law enforcement officers executed a search warrant at her residence where they seized four large bundles of cash, heroin weighing more than a kilogram, and more than 50 grams of methamphetamine.  Duran admitted possessing the heroin and methamphetamine with the intention of distributing the drugs to others.

After entering her guilty plea, Duran was remanded into the custody of the U.S. Marshal Service and will be detained pending her sentencing hearing, which has yet to be scheduled.  At sentencing, Duran faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.

This case was investigated by the Santa Fe office of the FBI and the HIDTA Region III Narcotics Task Force.  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.

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 – Antonio Ruelas, 32, of Rio Rancho, N.M., was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., to 30 months of imprisonment based on his previously entered guilty plea to a marijuana trafficking conspiracy charge.  Ruelas will be on supervised release for three years after completing his prison sentence.

Ruelas is one of ten defendants charged as the result of a two-year investigation by the FBI and IRS-Criminal Investigation into a drug trafficking organization led by Enrique Cavazos, 32, of Tijeras, N.M., that distributed high-grade marijuana throughout New Mexico and across the country.  The investigation revealed that the Cavazos drug trafficking organization cultivated and purchased high-grade marijuana in California, distributed the marijuana throughout the country, and laundered its drug proceeds through a number of businesses and bank accounts in New Mexico.

Ruelas, Enrique Cavazos, his wife Lindsey Cavazos, 33, his father Felix Cavazos, 59, of Albuquerque, Joaquin Alaniz, 41, and Daniel Nieto, 30, both of Carlsbad, N.M., Eliberto Nava, 36, of Madera, Calif., and Robert Moreno, 38, of Calif., were charged by indictment in Nov. 2015, with marijuana trafficking and money laundering offenses.  The indictment charged the co-conspirators with participating in a marijuana trafficking conspiracy that existed from at least Jan. 2008 through Nov. 2015, and operated in the District of New Mexico and elsewhere.

According to court filings, Enrique Cavazos operated a marijuana trafficking business by directing his co-conspirators to purchase large quantities of marijuana in California and distribute the marijuana in New Mexico and other destinations across the country.  Lindsey Cavazos was responsible for keeping the books on businesses she and her husband established with proceeds from their marijuana trafficking activities and for the purpose of laundering their drug proceeds.  The couple engaged in a money laundering conspiracy and used bank accounts in the names of several of their businesses, including a restaurant and a car dealership, to launder their drug proceeds.

The indictment was superseded in Aug. 2016, to add money laundering charges against three new defendants:  Steven Becerra, 62, the owner of the Becerra Group Tax and Accounting Firm in Albuquerque, who previously was employed by the IRS for 18 years; Deborah Gutierrez, 55, who operated Automated Financial Technologies, which is no longer in business; and Glen F. Lucero, 66, a retired school teacher.  The superseding indictment also removed Felix Cavazos, Enrique Cavazos’s father, who passed away after the original indictment was filed, from the list of defendants.    

Enrique Cavazos pled guilty on May 24, 2017, to marijuana trafficking and money laundering charges under a plea agreement that recommended a sentence within the range of 48 to 120 months of imprisonment.  Lindsey Cavazos also pled guilty on May 24, 2017, to a money laundering charge under a plea agreement that recommends a sentence of a five-year term of probation.  The Cavazos’ plea agreements require the couple to forfeit the proceeds of their drug trafficking and money laundering activities, including real estate, vehicles, cash, weapons, and jewelry, which are valued at more than $1,883,500.  The Cavazos are scheduled for sentencing on May 9, 2018.

Nieto pled guilty on May 25, 2017, to possessing hashish oil with intent to distribute.  Nieto’s sentencing hearing is scheduled for May 24, 2018. 

The remaining six defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which has yet to be scheduled.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The investigation of this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a 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.  It was conducted by the Albuquerque offices of the FBI and IRS Criminal Investigation.  Assistant U.S. Attorneys Jennifer M. Rozzoni, Timothy S. Vasquez and Joel R. Meyers are prosecuting the case and Assistant U.S. Attorney Stephen R. Kotz is handling the forfeiture matters.

ALBUQUERQUE – Alrenzon Yazzie, 20, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., was sentenced today in federal court in Albuquerque, N.M., to 36 months in prison followed by three years of supervised release for his conviction on an involuntary manslaughter charge.

Yazzie was arrested in Sept. 2017, on a criminal complaint charging him with killing a Navajo woman on Sept. 3, 2017, on the Navajo Indian Reservation in San Juan County, N.M.  According to the complaint, Yazzie killed the victim by running her over with a vehicle.  At the time Yazzie ran over the victim, Yazzie was driving under the influence of alcohol. 

On Dec. 1, 2017, Yazzie pled guilty to a felony information charging him with involuntary manslaughter and admitted killing the victim by striking her with his vehicle while driving recklessly while under the influence of alcohol.  Yazzie acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.

This case was investigated by the Farmington office of the FBI and the Navajo Nation Department of Public Safety.  Assistant U.S. Attorney Novaline D. Wilson prosecuted the case. 

ALBUQUERQUE – Brandon J. Todd, 36, of Los Lunas, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison for his conviction for assaulting an intimate partner by strangulation or suffocation.  Todd will be on supervised release for three years after completing his prison sentence. 

The Isleta Pueblo Tribal Police Department arrested Todd on Aug. 1, 2017, and charged him in a criminal complaint with assaulting an intimate partner by strangulation and domestic assault by a habitual offender.  According to the complaint, Todd assaulted the victim, an Isleta Pueblo woman, on July 26, 2017, in the Isleta Pueblo within Bernalillo County, N.M., by throwing items at her head and strangling her with his arms.  The victim suffered bruising to her eyelids, red marks and swelling on her left temple, and a bump on her head. 

Todd was indicted on Sept. 21, 2017, and was charged with assaulting an intimate partner by strangulation or suffocation.  According to the indictment, Todd committed the crime on July 25, 2017, on the Isleta Pueblo in Bernalillo County.

On Jan. 18, 2018, Todd pled guilty to the indictment and admitted that on July 25, 2017, he strangled the victim by wrapping his legs around her legs, putting his arms around her neck, and applying pressure and squeezing her neck.  Todd further admitted that he caused the victim to suffer pain, and impeded her normal breathing and blood circulation.

This case was investigated by the Isleta Pueblo Tribal Police Department.  The case was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez 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 – Daniel Penrod, 29, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by being a felon in possession of a firearm and ammunition.  Penrod entered the guilty plea under a plea agreement that recommends a sentence within the range of 87 to 108 months imprisonment followed by a term of supervised release to be determined by the court.

The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Penrod in Jan. 2018, on a criminal complaint that charged Penrod with being a felon in possession of a firearm and ammunition on Jan. 16, 2018, in Bernalillo County, N.M.  According to the criminal complaint, while Deputy U.S. Marshals were executing an arrest warrant on Penrod for a probation violation, Penrod attempted to flee.  During the pursuit that ensued, Penrod turned towards a Deputy U.S. Marshal and drew a loaded firearm out of his waistband, whereupon the Deputy U.S. Marshal disarmed and arrested Penrod. 

During today’s proceedings, Penrod pled guilty to a felony information charging him with being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Penrod admitted he possessed a firearm, which he pulled from his waistband as he turned toward the Deputy U.S. Marshal who was pursuing him on Jan. 16, 2018.  Penrod acknowledged that at the time, he was prohibited from possessing firearms or ammunition because of his prior felony convictions for receiving or transferring a stolen motor vehicle, 2nd degree murder, and battery upon a police officer. 

Penrod 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 Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service.  Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case 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 removing them from communities in New Mexico for as long as possible.

ALBUQUERQUE – Adrian Chavez, 24, of Greeley, Colo., was sentenced today in federal court in Santa Fe, N.M., to 48 months in prison for his methamphetamine trafficking conviction.  Chavez will be on supervised release for three years after completing his prison sentence. 

The DEA arrested Chavez in Aug. 2016, after seizing approximately 2.80 kilograms (6.27 pounds) of crystal methamphetamine from him during an interdiction investigation in Albuquerque.  The methamphetamine was contained in five plastic containers inside Chavez’s backpack.

Chavez was indicted on Aug. 23, 2016, and was charged with possession of methamphetamine with intent to distribute on Aug. 12, 2016, in Bernalillo County, N.M.

On Nov. 1, 2017, Chavez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Chavez admitted that on Aug. 12, 2016, he possessed methamphetamine that was concealed inside five plastic containers wrapped with grey duct tape inside his backpack. 

This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Eddy County Sheriff Mark Cage announced today that Lori V. Whitaker, 54, of Carlsbad, N.M., entered a guilty plea in federal court in Las Cruces, N.M., to a wire fraud charge.  Under the terms of the plea agreement, Whitaker is required to pay $816,630.36 in restitution to her former employer, the victim of her crime.  Whitaker also faces a statutory maximum penalty of 20 years of imprisonment at sentencing, which has yet to be scheduled.

Whitaker was indicted in Jan. 2018, and was charged with perpetrating a scheme to defraud her former employer, the Otis Mutual Domestic Water Consumers and Sewage Works Association (Association), out of approximately $800,000.00 over a two-year period.  The indictment charged Whitaker with 75 counts of wire fraud and alleged that she fraudulently transmitted funds by means of wire communications between March 27, 2015 and Feb. 3, 2017, as part of a scheme to defraud the Association.  The funds involved in the 75 transactions charged ranged from $416.00 to $15,746.64. 

In announcing the guilty plea, U.S. Attorney Anderson said, “With today’s guilty plea, Ms. Whitaker begins the process of taking responsibility for violating the solemn trust that was placed in her to manage the affairs of the Association.  This guilty plea reaffirms the Justice Department’s commitment to investigate and prosecute fraudulent conduct that adversely impacts the lives of innocent victims.”            “A lot of hard-working people in Eddy County put their trust in this defendant, and she repaid that confidence by stealing a sum of money that would have been eye-popping in a large city, let alone rural southeastern New Mexico,” said Special Agent in Charge Wade of the FBI’s Albuquerque Division.  “We hope this case sends a clear message that the FBI and our partners will thoroughly investigate and bring to justice those who seek to enrich themselves at the public's expense.”

Eddy County Sheriff Cage said, “Thank you to our federal partners who worked so hard to help us get some closure for the Eddy County citizens affected by this abuse of their trust and their funds.”

According to the indictment, Whitaker was employed by the Association, a non-profit special purpose government association that provided potable water and a wastewater system to more than 4300 people in Otis, N.M., in Eddy County, as its office manager from 2003 through April 2017.  As the Association’s office manager, Whitaker was responsible for controlling the Association’s finances, had access to the Association’s payroll account, and received a company credit card intended for use for Association-related expenses. 

The indictment charged that from March 2015 through Feb. 2017, Whitaker perpetrated a scheme to defraud the Association through which she embezzled approximately $800,000.00 of the Association’s funds for her personal use.  According to the indictment, Whitaker executed the scheme to defraud in two ways.  First, Whitaker defrauded the Association by using its credit card account for personal purposes unrelated to the Association’s business.  To this end, Whitaker repeatedly used the credit card to obtain cash advances and initiate other charges at casinos, which she was not authorized to do.  Second, Whitaker defrauded the Association by paying off credit card balances through frequent, but unauthorized, online transfers from the Association’s payroll account.

During today’s change of plea hearing, Whitaker pled guilty to one count of wire fraud.  In entering the guilty plea, Whitaker admitted that from around 2003 until April 2017, while working as the office manager for the Association, she initiated personal charges and cash advances totaling $792,829.09 on her Association credit card at casinos in New Mexico, causing the Association to sustain an aggregate loss of $816,630.36.  Whitaker further admitted that she executed charges, cash advances, and payments by transmitting interstate wire communications that traveled to credit-card company servers in Virginia or Georgia.

The case was investigated by the FBI office in Las Cruces with assistance from the Eddy County Sheriff’s Office.  Assistant U.S. Attorneys John A. Balla and Richard C. Williams are prosecuting the case.

ALBUQUERQUE – Glenroy Heywood, 55, of Albuquerque, N.M., pleaded guilty late yesterday afternoon in federal court to obstructing the enforcement of the child sex trafficking laws announced U.S. Attorney John C. Anderson, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Bernalillo County Sheriff Manuel Gonzales, III.

Heywood, a physician with a general surgery subspecialty, was arrested on Aug. 30, 2017, on an indictment charging him with attempting to recruit or entice a minor to engage in a commercial sex act in Bernalillo County, N.M., on Feb. 8, 2017.  Heywood’s medical license has been suspended as the result of the charges in this case.

During yesterday’s change of plea hearing, Heywood pled guilty to a felony information charging him with obstructing, and attempting to obstruct, the enforcement of the federal child sex trafficking statute.  In entering the guilty plea, Heywood admitted arranging to meet a person whom he believed to be a 15-year-old female at an Albuquerque-area hotel for the purposed of engaging in a commercial sex act on Feb. 8, 2017.  Heywood acknowledged that shortly after he entered the hotel room, law enforcement officers arrested him as he attempted to evade arrest by fleeing out of the room.

At sentencing, Heywood faces a statutory maximum penalty of 20 years in federal prison.  Heywood also will be required to register as a sex offender.  A sentencing hearing has yet to be scheduled.

This case was investigated by Homeland Security Investigations and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorney Letitia C. Simms is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

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 – Harold Jim, 40, of Albuquerque, N.M., entered a guilty plea today in federal court to violating the Sex Offender Registration and Notification Act (SORNA).  Immediately thereafter, Jim was sentenced to 24 months of imprisonment followed by five years of supervised release.  Jim will be required to register as a sex offender when he completes his prison sentence pursuant to his previous conviction.

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

Jim was charged by indictment on April 12, 2016, with violating SORNA by failing to update his sex offender registration from Dec. 10, 2015 through March 8, 2016, in Bernalillo County, N.M. 

During today’s proceedings, Jim pled guilty to the indictment and admitted that he registered as a sex offender under SORNA on Dec. 1, 2015, while residing at a halfway house in Albuquerque, but left the halfway house on Dec. 10, 2015.  Jim further admitted that he was later arrested by the U.S. Marshals Service on March 8, 2016, in McKinley County, N.M., where he had been living and had not registered under SORNA.

This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Michael D. Murphy.

ALBUQUERQUE – Timothy Gregg Enjady, 54, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Las Cruces, N.M., to an assault charge.  Enjady’s plea agreement recommends an 18-month term of imprisonment followed by a term of supervised release to be determined by the court.

The BIA arrested Enjady in Aug. 2017, on a criminal complaint charging him with assaulting a Mescalero Apache woman on June 7, 2017, on the Mescalero Apache Indian Reservation in Otero County, N.M.  According to the complaint, Enjady assaulted the woman by hitting her in the face with his fist, hitting her with an object and placing his thumb in her eye.

Enjady was subsequently indicted on Jan. 17, 2018, and charged with assault with a dangerous weapon, an aluminum crutch, with intent to do bodily harm. 

During today’s proceedings, Enjady pled guilty to the indictment and admitted that on June 7, 2017, he assaulted the victim by striking her in the face and head with an aluminum crutch.  Enjady further admitted that the victim suffered facial contusions, head lacerations and a corneal abrasion as the result of the assault.  A sentencing hearing has yet to be scheduled.

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 is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

The case was brought 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 – Ismael Vargas, 30, of Belen, N.M., was sentenced today in federal court in Albuquerque, N.M., to 41 months in prison followed by four years of supervised release for his heroin trafficking conviction.  At the time he committed the offense, Vargas was an inmate at the Sandoval County Detention Center.

 In Jan. 2016, the DEA arrested Christopher Gonzales, 22, of Albuquerque, N.M., and Fabrienne Rosalinda Morales, 41, of Peralta, N.M., on a five-count indictment.  At the time, Gonzales was a corrections officer at Sandoval County Detention Center.  The indictment charged Gonzales and Morales with conspiracy.  It also charged Gonzales with possession of heroin and Suboxone with intent to distribute, and Morales with distributing heroin and Suboxone.  The indictment was superseded on Feb. 9, 2016, to add Vargas, to the conspiracy charge.  According to the superseding indictment, the defendants committed the crimes on Aug. 2, 2015, in Sandoval County, N.M.

On March 9, 2017, Vargas pled guilty to Count 1 of the superseding indictment charging him with conspiracy to distribute heroin.  In entering the guilty plea, Vargas admitted that on Aug. 2, 2015, while he was an inmate at the Sandoval County Detention Center, he arranged for heroin to be delivered to the jail.  Vargas also admitted that he facilitated the payment of money to a corrections officer to get the heroin into the jail. 

On Feb. 28, 2017, Gonzales pled guilty to possessing heroin with intent to distribute.  In entering his guilty plea, Gonzales admitted that on Aug. 2, 2015, while he was working as an officer at the Sandoval County Detention Center, he brought heroin to the Detention Center with the intention of delivering it to an inmate.  Gonzales was sentenced to a five-year term of probation on May 31, 2017.  Additionally, Gonzales’ employment as a corrections officer was terminated after he was charged in his case.

On Jan. 13, 2017, Morales pled guilty to distributing heroin.  In entering the guilty plea, Morales admitted that on Aug. 2, 2015, she smuggled heroin into the Sandoval County Detention Center and gave it to a corrections officer.  Morales was sentenced to 18 months of imprisonment and three years of supervised release on April 17, 2017.

 This case was investigated by the Albuquerque office of the DEA.  Assistant U.S. Attorney Howard R. Thomas prosecuted 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 – Daniel Lowell and Trista Schlaefli were arraigned this morning in federal court in Las Cruces, N.M., on an indictment charging them with carjacking and firearms charges resulting in a death.  The charges arise out of a Nov. 27, 2017, crime spree during which Lowell and Schlaefli allegedly fled from a U.S. Border Patrol checkpoint, carjacked a vehicle at gunpoint resulting in the death of a victim, and attempted to carjack two other vehicles.  During today’s hearings, Lowell and Schlaefli entered not guilty pleas to the indictment and were ordered detained pending trial, which has yet to be scheduled.

U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, New Mexico State Police Chief Pete Kassetas and Chief Patrick Gallagher of the Las Cruces Police Department announced the charges against Lowell and Schlaefli.

The nine-count indictment, filed on April 10, 2018, charges Lowell, 34, of Henderson, Colo., and Schlaefli, 32, of Colorado Springs, Colo., with high speed flight from an immigration checkpoint, carjacking, carjacking resulting in death, attempted carjacking, and possession of at least 15 unauthorized access devices.  The indictment also charges Lowell with brandishing a firearm during a crime of violence, attempted carjacking, and being a felon in possession of a firearm and ammunition.  It charges Schlaefli with aiding and abetting Lowell in brandishing a firearm during a crime of violence and with attempted carjacking.  According to the indictment, Lowell and Schlaefli committed the crimes on Nov. 27, 2017, in Dona Ana County, N.M.

The New Mexico State Police arrested Lowell and Schlaefli on state charges on Nov. 27, 2017, and the FBI arrested the duo on the federal indictment on April 25, 2018.  The state charges will be dismissed in favor of federal prosecution in due course.  Lowell and Schlaefli remain in federal custody pending trial based on judicial findings that they pose a risk of flight and a danger to the community.

If convicted on the charges in the indictment, Lowell and Schlaefli face the following maximum statutory penalties:

• High-speed flight from an immigration checkpoint – five years of imprisonment and a $250,000 fine.
• Carjacking – 15 years of imprisonment and a $250,000 fine.
• Carjacking resulting in death – life imprisonment and a $250,000 fine.
• Possession of unauthorized access devices – ten years of imprisonment and a $250,000 fine.
• Brandishing a firearm during a crime of violence – mandatory minimum of seven years of imprisonment to be served consecutive to any other sentence imposed. 
• Attempted carjacking – 15 years of imprisonment and a $250,000 fine.
• Felon in possession of a firearm – ten years of imprisonment and a $250,000 fine.

 

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 Las Cruces office of the FBI, the Las Cruces Police Department and the New Mexico State Police with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Border Patrol, and the 3rd Judicial District Attorney’s Office.  Assistant U.S. Attorneys Marisa A. Ong and Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.

ALBUQUERQUE – Phillip Moffett, 31, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office.

Moffett was charged in a federal criminal complaint filed in Feb. 2017, with unlawfully possessing a firearm on Dec. 27, 2016, in Bernalillo County, N.M.  According to the complaint, law enforcement officers arrested Moffett after finding him asleep in a stolen vehicle.  During a search incident to Moffett’s arrest, the officers found a firearm that had recently been reported as stolen during the burglary of a gun shop in Rio Rancho, N.M.

Moffett was indicted on July 27, 2017, and was charged with being a felon in possession of a firearm.  According to the indictment, Moffett was prohibited from possessing firearms or ammunition because of his prior felony conviction for aggravated battery with a deadly weapon against a household member.

During today’s proceedings, Moffett pled guilty to the indictment and admitted that he was prohibited from possessing a firearm on Dec. 27, 2016, because of his status as a convicted felon.  At sentencing, Moffett 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 Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney David M. Walsh.

ALBUQUERQUE – Romualdo Munoz, 37, of Bloomfield, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by being a felon in possession of firearms and ammunition.

Munoz was arrested in Jan. 2018, on an indictment charging him with being a felon in possession of a firearm and ammunition on May 30, 2017, in San Juan County, N.M.  According to the indictment, Munoz was prohibited from possessing firearms or ammunition because of his prior felony convictions for possession of a controlled substance, receiving stolen property, aggravated fleeing from a law enforcement officer, and being a felon in possession of a firearm or destructive device.

During today’s proceedings, Munoz pled guilty to the indictment charging him with being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Munoz admitted that on May 30, 2017, law enforcement officers found a firearm and multiple rounds of ammunition inside Munoz’s vehicle during a consensual search.  Munoz further admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

At sentencing, Munoz 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 Farmington office of the FBI and the HIDTA Region II Task Force.  Assistant U.S. Attorney Peter J. Eicker is prosecuting the case.

The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of 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 – Valerie Cayatineto, 41, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 37 months in prison followed by three years of supervised release for her involuntary manslaughter conviction.

Cayatineto was arrested in Jan. 2017, on a criminal complaint charging her with involuntary manslaughter.  According to the complaint, Cayatineto killed a Navajo man when she crashed her vehicle head-on into the victim’s vehicle on Dec. 9, 2016, on the Navajo Indian reservation in McKinley County, N.M.  At the time of the crash, Cayatineto was driving under the influence of alcohol.

Cayatineto subsequently was indicted on Feb. 7, 2017, and charged with involuntary manslaughter.  On May 31, 2017, Cayatineto pled guilty to the indictment without the benefit of a plea agreement. 

This case was investigated by the Gallup office of the FBI and the the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Elisa Dimas prosecuted the case.

ALBUQUERQUE – Jerry Johnson, Jr., 56, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to a second-degree murder charge.  Johnson entered the guilty plea under a plea agreement that recommends that he be sentenced to a prison term within the range of 129 to 161 months followed by a term of supervised release to be determined by the court.

Johnson was arrested in July 2017, by the FBI on a criminal complaint alleging that he murdered 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 later was indicted on a murder charge on Dec. 20, 2017.

During today’s proceedings, Johnson pled guilty to the indictment charging him with second-degree murder.  In entering the guilty plea, Johnson admitted that on June 26, 2017, he killed the victim by hitting her, and when she was laying down, stabbing her once in the back with a kitchen knife.  Johnson remains in custody 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 Department of Public Safety.  Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting 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 – Yesterday afternoon in federal court in Las Cruces, N.M., Yi Lee and Santiago Aveles were sentenced for their convictions on felony charges arising out of a scheme to obtain immigration status for foreign nationals through fraudulent marriages. Lee was sentenced to six months in prison followed by six months of home confinement and three years of supervised release.  Lee also was ordered to pay a $10,000 fine.  Aveles was sentenced to a three year term of probation and ordered to pay a $2,500 fine.

“U.S. citizenship is not for sale,” said U.S. Attorney John C. Anderson.  “Those who commit marriage fraud damage the integrity of our immigration system.  My Office is committed to enforcing these laws to ensure that those who abuse the process do not cause harm or jeopardize the opportunities for lawful immigration.”

“This case demonstrates HSI’s commitment to protecting the integrity of our immigration system.  Individuals attempting to obtain benefits through fraud will be prosecuted to the fullest extent of the law,” said Jack P. Staton, Acting Special Agent in Charge of HSI El Paso. “I commend the hard work by all involved in bringing this case to a successful conclusion.”

Lee, 44, a naturalized U.S. citizen residing in Albuquerque, N.M., and Aveles, 31, of Las Cruces, and four co-defendants, Chia-Jung Chang, 39, Dan Zheng, 33, Lian Xiang Deng, 42, and Xiao-Yin Le, 50, all Chinese nationals illegally in the United States, were indicted on April 19, 2017.  The indictment charged the six defendants with participating in a conspiracy to commit marriage fraud.  The indictment also charged Aveles and Zheng with committing marriage fraud for the purpose of evading the federal immigration laws.

According to the indictment, from June 2016 through March 2017, the defendants conspired to obtain immigration status for foreign nationals by having U.S. citizens enter into fraudulent marriages with foreign nationals in exchange for money.  The indictment alleged that Lee facilitated the conspiracy by arranging meetings between foreign nationals and U.S. citizens and assisting them in obtaining marriage licenses, working permits and green cards for the foreign nationals who paid Lee and the U.S. citizens.  It further alleged that Lee attempted to arrange fraudulent marriages between certain of his co-defendants and undercover law enforcement agents. 

On Oct. 23, 2017, Lee pled guilty to Count 1 of the indictment charging him with conspiracy to commit marriage fraud.  In entering the guilty plea, Lee admitted that from Jan. 2016 through May 2017, he recruited United States citizens including Aveles and other individuals who unbeknownst to Lee were undercover law enforcement agents to enter into fraudulent marriages with foreign nationals for the purpose of evading immigration laws.  According to the plea agreement, Lee told the sham marriage participants to document their respective relationships by taking photos together, exchanging messages, opening joint bank accounts, renting properties together and having bills put under both participants’ names.  Lee also admitted that he assisted the participants with immigration paperwork and in passing off the fraudulent marriages as legitimate during interviews with United States Citizenship and Immigration Services. 

In entering the guilty plea, Lee admitted that he coordinated a payment schedule for the United States citizens participating in the fraudulent marriages, who were to receive payments after taking certain steps such as obtaining a marriage license, participating in a fraudulent marriage, submitting paperwork, and participating in interviews.  Lee further admitted that each United States citizen participant was to be paid, and Lee also received payment for his role in the conspiracy in return for citizenship for the foreign nationals. 

On Aug. 4, 2017, Aveles pled guilty to a felony information charging him with conspiracy and marriage fraud.  In entering the guilty plea, Aveles admitted that from Jan. 2016 through April 30, 2017, he and others conspired to commit marriage fraud.  Aveles also admitted that he entered into a sham marriage for the purpose of evading immigration laws and in exchange for a monetary payment. 

Zheng pled guilty and was sentenced on Aug. 28, 2017.  Chang pled guilty and was sentenced on Dec. 11, 2017.  Charges against Deng were dismissed on July 25, 2017.  Le has yet to be arrested and is considered a fugitive.  Charges in indictments are merely accusations, and all criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the Las Cruces office of HSI and is being prosecuted by Assistant U.S. Attorneys Dustin C. Segovia and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Robert Haack, 51, of Los Angeles, Calif., was arraigned yesterday afternoon on a federal indictment charging him with violating the Indian Arts and Crafts Act (IACA) by fraudulently creating and selling jewelry as Native American-made. The indictment, which was filed by a federal grand jury sitting in Albuquerque, N.M., on March 28, 2018, was the result of a federal investigation led by the U.S. Department of Interior, Fish and Wildlife Service, Office of Law Enforcement.

“This indictment is not only about enforcing the law, it is also about protecting and preserving the cultural heritage of Native Americans,” said U.S. Attorney John C. Anderson.  “This case demonstrates our willingness to prosecute those who falsely market products as “Indian Made,” and thus undermine the livelihoods of Native American artists.”

“Every indictment filed under the Indian Arts and Crafts Act brings us closer to bringing justice to the Native American artists who are harmed by forgery and fraud 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 this and other indictments will deter further this type of harmful criminal activity.  We thank the law enforcement agencies that supported us and partnered with us during this investigation.”

The six-count indictment charges Haack with two counts of wire fraud, two counts of mail fraud and two counts of violating the IACA.  During yesterday’s arraignment hearing, which Haack participated in through video teleconferencing from California, Haack entered a not guilty plea to the indictment and was released on pretrial supervision and other conditions of release pending trial, which has yet to be scheduled.

According to the indictment, from April 4, 2013 through April 21, 2013, and from June 15, 2014 through June 20, 2014, Haack violated the IACA by displaying and offering for sale jewelry in a manner that suggested that it was Indian produced and the product of American Indian tribes.  The indictment alleges that Haack defrauded the United States and its people of money by using the U.S. mail and wire communications to promote the sale of the counterfeit jewelry as Indian-made.

The indictment further alleges that from April 4, 2013 through June 20, 2014, Haack devised a scheme to defraud and to obtain money from others by using an online marketplace and online payment platform to advertise and sell counterfeit pieces of Indian jewelry that Haack falsely represented as having been created by the late Charles Loloma, a renowned Hopi Indian artist.  According to the indictment, Haack allegedly created and produced the counterfeit jewelry in his home in Los Angeles and delivered the counterfeit jewelry to a purchaser in Albuquerque through the U.S. Postal Service. 

The indictment includes forfeiture provisions, which seek to forfeit to the United States any proceeds used in or traceable to Haack’s alleged criminal activities, and seek a money judgment against Haack in the amount of at least $19,398.

If convicted of the charges against him, Haack faces a statutory maximum penalty of five years in prison and a $250,000.00 fine.  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 U.S. Department of Interior, Fish and Wildlife Service, Office of Law Enforcement.  Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.

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 and 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 and 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.

ALBUQUERQUE – Shayliss Ellsworth, 25, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 87 months in prison for his conviction on assault charges.  Ellsworth will be on supervised release for three years after completing his prison sentence.

Ellsworth was arrested on June 21, 2017, on a criminal complaint charging him with stabbing two Navajo women with a knife on June 17, 2017, on the Navajo Indian Reservation in McKinley County, N.M.  As the result of the assault, the first victim suffered a cut across her face through her mouth, stab wounds on her left side and right breast, and a cut and stab wound to her left arm, which cut her artery and caused profuse bleeding.  The second victim suffered cuts on her neck and finger and a stab wound on her right arm.  According to the complaint, the first victim underwent multiple surgeries, including surgery to amputate her left arm, as the result of the assault.   

Ellsworth subsequently was charged in a four-count indictment on July 11, 2017, with two counts of assault with a dangerous weapon, a knife, and two counts of assault resulting in serious bodily injury.  According to the indictment, Ellsworth committed the crimes on June 17, 2017, on the Navajo Indian Reservation in McKinley County, N.M.

On Nov. 27, 2017, Ellsworth pled guilty to two counts of assault resulting in serious bodily injury.  In the plea agreement, Ellsworth admitted that on June 17, 2017, he assaulted two women with a knife causing serious bodily injury to both women.  Ellsworth further admitted that the first victim suffered stab wounds to her right chest, cuts to her left arm, a deep puncture wound that cut an artery and disfiguring cuts to her face.  The first victim underwent multiple surgeries and eventually had her left arm amputated as the result of the injuries caused by Ellsworth.  Ellsworth also admitted that the second victim suffered stab wounds to her right shoulder and neck, which required surgery to close. 

This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Jennifer M. Rozzoni prosecuted 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 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 – Sixteen individuals are facing drug trafficking and money laundering charges as the result of a multi-agency investigation led by DEA and HSI that targeted cocaine, heroin and methamphetamine traffickers and money launderers operating in southern New Mexico, west Texas and as far east as Tennessee and South Carolina.  During the course of the investigation, law enforcement authorities seized approximately 3.6 kilograms of cocaine, approximately 2.5 kilograms of heroin, approximately 13 kilograms of methamphetamine, $124,885 in cash, eight vehicles and seven firearms.  The investigation culminated yesterday when 14 of the defendants were arrested in Las Cruces, N.M., and El Paso, Tex., by teams of federal, state, county and local law enforcement officers during a law enforcement operation.

The results of the investigation were announced by U.S. Attorney John C. Anderson, Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Division of IRS-Criminal Investigation, Chief Patrick Gallagher of the Las Cruces Police Department, and Dona Ana County Sheriff Enrique “Kiki” Vigil.

In announcing the results of the investigation, U.S. Attorney John C. Anderson said, “The charges filed and drugs seized as the result of this investigation illustrate the success of our District’s collaborative efforts to root out drug traffickers who operate in our communities.  My Office is proud to work with our federal, state, county and local law enforcement partners to safeguard families in Las Cruces and throughout New Mexico.”

 “Yesterday’s arrests show the value of information sharing and coordination with our federal, state, and local law enforcement partners to target criminal organizations that are responsible for the drug-related violence in our communities,” said Special Agent in Charge Kyle W. Williamson of DEA’s El Paso Division.  “By working together to reduce drug trafficking and use across the nation, we are making our communities safer and our families stronger.”

“The success of yesterday’s enforcement action exemplifies HSI’s commitment to work with its law enforcement partners to disrupt and dismantle transnational drug trafficking organizations in our community,” said Acting Special Agent in Charge Jack P. Staton of HSI El Paso. “These DTOs not only deal drugs; they commit violent crimes and wreak havoc in our neighborhoods.”

“It takes coordination, hard work and dedication to take down transnational drug trafficking organizations with each agency contributing its own expertise to the investigation. IRS-CI will continue to work with its law enforcement partners to protect the residents of New Mexico from drug trafficking organizations,” stated Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Division of IRS-Criminal Investigation.  

“The Las Cruces Police Department is honored to work alongside our counterparts, from local and federal agencies, to help eradicate harmful drug operations that are poisoning our communities,” said Las Cruces Police Chief Patrick Gallagher.  “We believe our actions will have a significant impact on drug trafficking organizations working locally and regionally.”

“There is no greater purpose for the Sheriff’s Department than to ensure the safety of our children,” said Dona Ana County Sheriff Enrique “Kiki” Vigil. “Yesterday’s joint effort to take drugs and criminals off the street is a continuation of that mission, and our community is better for it.”

The charges against the defendants, which are contained in five separate federal indictments, are the result of an investigation that began in April 2017, and initially targeted Eulalio Valentin Chavez, 31, of Las Cruces, the leader of a drug trafficking organization that allegedly distributed cocaine, heroin, and methamphetamine in Las Cruces.  The investigation expanded to include four other drug trafficking organizations that allegedly imported cocaine, heroin, and methamphetamine from Mexico, and distributed the drugs in the Las Cruces, N.M., and El Paso, Tex., area, as well as transported drugs as far east as Tennessee and South Carolina.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

Based on the investigation, a federal grand jury returned five indictments on April 18, 2018, charging 15 defendants with federal drug trafficking, money laundering and firearms offenses.  The indictments generally allege that the defendants conspired to violate the federal narcotics trafficking laws and violated the federal narcotics laws in Dona Ana County, N.M., and elsewhere.  The indictments also charge certain of the defendants with money laundering and firearms offenses.  Four of the indictments include overt acts that describe the DTOs’ alleged operations, including the quantities of drugs allegedly routinely distributed by the DTOs and the broad geographic scope of one of the DTO’s distribution network.  The final defendant was arrested during yesterday’s enforcement operation and will be charged in a criminal complaint with drug trafficking and money laundering offenses that will be filed today.

Fourteen of the 16 defendants charged as the result of the investigation were arrested during yesterday’s law enforcement operation.  The two remaining defendants were already in custody and will be transferred to federal court to face the charges against them. 

The defendants arrested yesterday will make their initial appearances in federal court in Las Cruces today, April 26, 2018, at 10:30 a.m.  The defendants will remain in federal custody pending arraignment and detention hearings, which are scheduled for May 1, 2018, in Las Cruces federal court.

These cases were investigated by the DEA, HSI, IRS, U.S. Border Patrol, the Las Cruces Police Department and the Dona Ana County Sheriff’s Office.  The FBI, U.S. Marshals Service, New Mexico State Police, Hatch Police Department and New Mexico Air National Guard assisted with yesterday’s law enforcement operation.  Assistant U.S. Attorneys Selesia Winston and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases filed as the result of the investigation.

SUMMARY OF CHARGES IN INDICTMENTS

INDICTMENT:  United States v. Jose I. Caro, et al., 18-CR-1251

Count 1 of the Indictment charges Jose I. Caro and Eulalio V. Chavez with participating in a cocaine trafficking conspiracy.  If convicted on this count, each faces a statutory penalty of a mandatory minimum of five years and a maximum of 40 years in prison and a $5 million fine.  

Count 2 charges Chavez with distributing cocaine.  If convicted on this count, he faces a statutory penalty of a maximum of 20 years in federal prison and a $1 million fine. 

Counts 4 to 7 and 9 charge Caro and Chavez with distributing cocaine.  If convicted on this count, each faces a statutory penalty of a maximum of 20 years in federal prison and a $1 million fine. 

Counts 3 and 8 charge Caro and Chavez with using communication facilities to facilitate drug trafficking crimes.  The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.

Jose I. Caro, 33, of Las Cruces, was arrested yesterday in Las Cruces.

Eulalio V. Chavez, 32, of Las Cruces, was arrested yesterday in Las Cruces.  Chavez also is charged in United States v. Grado, et al., 18-CR-1254, and United States v. Ordonez, et al., 18-CR-1255. 

INDICTMENT:  United States v. Fidel Gonzales, et al., 18-CR-1252

Count 1 of the Indictment charges all six defendants with participating in a heroin and cocaine trafficking conspiracy.  If convicted, two of the defendants face a statutory penalty of a mandatory minimum of five years and a maximum of 40 years of imprisonment and a $5 million fine, and the other four defendants face a maximum statutory penalty of 20 years of imprisonment and a $1 million fine.

Count 2 charges certain four defendants with participating in an international money laundering conspiracy.  The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $500,000 fine.

Counts 3 to 9, 11, 12, 16 and 17 charge certain defendants with using communication facilities to facilitate drug trafficking crimes.  The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.

Counts 10 charges four defendants with international money laundering offenses.  The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $500,000 fine.

Counts 13 and 14 charge two defendants with distributing cocaine.  The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.

Count 15 charges one defendant with possession of cocaine with intent to distribute.  The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.

Charges against Defendants

Fidel Gonzales, 36, of Las Cruces, is charged in Counts 1, 2, 3, 4,6, 7, 8, 9, 10, 11, 13, 16, and 17 of the indictment.  Gonzales was arrested yesterday in Las Cruces. 

Brian Estrada, 36, of Las Cruces, is charged in Counts 1, 2, 3, 4, 5, 6, and 7 of the indictment. Estrada was arrested yesterday in Las Cruces.

Brian Nevarez, 33, of Las Cruces, is charged in Counts 1, 5, 12, and 14 of the indictment. Nevarez was yesterday in Las Cruces.

Barbara Lozoya Michel, 64, of El Paso, Texas, is charged in Counts 1, 2, 9, 10, and 16 of the indictment.  Michel was arrested yesterday in El Paso.

Orlando Bustillos, 27, of Las Cruces, is charged in Counts 1, 12, and 15 of the indictment. Bustillos was arrested yesterday in Las Cruces.

Fidel M. Ortiz, 54, of Las Cruces, is charged in Counts 1, 2, 10, 11, and 17 of the indictment.  Ortiz was arrested yesterday in Las Cruces.

INDICTMENT:  United States v. Martin Montelongo-Salas et al., 18-CR-1253

Count 1 of the indictment charges Martin Montelongo-Salas and Giovanni Melero with participating in a heroin trafficking conspiracy. 

Count 2 of the indictment charges Montelongo-Salas and Melero with distributing heroin. 

Count 3 of the indictment charges Montelongo-Salas and Melero with possession heroin with intent to distribute. 

If convicted on Counts 1, 2 or 3, Montelongo-Salas and Melero each face a statutory penalty of a mandatory minimum of five years and a maximum of 40 years of imprisonment and a $5 million fine.

Melero is charged in Count 4 with possession of cocaine with intent to distribute.   If convicted on this count, Melero faces a statutory penalty of a maximum of 20 years of imprisonment and a $1 million fine. 

Count 5 charges Melero with carrying a firearm during and in relation to a drug trafficking crime.  If convicted on this count, Melero faces a statutory penalty of a mandatory five years of imprisonment, consecutive to any other sentence imposed in this case. 

Count 6 of the indictment charges Melero with being a felon in possession of a firearm.  Melero is prohibited from possessing firearms or ammunition because of his prior felony convictions.  If convicted on this count, Melero faces a statutory penalty of a maximum of ten years of imprisonment and a $250,000 fine.

Martin Montelongo-Salas, 31, of Las Cruces, was arrested yesterday in Las Cruces. 

Giovanni Melero, 31, of Las Cruces, is in custody at the Dona Ana County Detention Center and will be transferred to federal court to face the charges against him.

INDICTMENT:  United States v. Alonso P. Grado, Jr., et al., 18-CR-1254

Count 1 of the indictment charges four defendants with participating in a heroin and methamphetamine trafficking conspiracy.  If convicted the defendants face a statutory penalty of a mandatory minimum of ten years and a maximum of life of imprisonment and a $10 million fine.

Counts 2 to 4, 6, 7, and 9 to 13 of the indictment charge certain defendants with using communication facilities to facilitate drug trafficking crimes.  The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.

Count 5 of the indictment charges certain defendants with distributing heroin.  The maximum statutory penalty for a conviction on this count is a mandatory minimum of five years and a maximum of 40 years of imprisonment and a $5 million fine.

Count 8 charges certain defendants with distributing methamphetamine.  The maximum statutory penalty for a conviction on this count is a mandatory minimum of ten years and a maximum of life of imprisonment and a $10 million fine.

Charges against Defendants

Alonso P. Grado, Jr., 40, of Deming, N.M., is charged in Counts 1, 8, and 12 of the indictment.  Grado was arrested yesterday in Las Cruces.

Rene Verdugo, 44, of Las Cruces, is charged in Counts 1, 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of the indictment.  Verdugo is currently in federal custody and pending disposition on a supervised release violation for a prior felony conviction.  Verdugo is also charged in United States v. Ordonez, et al., 18-CR-1255.

Stephan E. Morales, 35, of Las Cruces, is charged in Counts 1, 4, 5, 9, 11, and 13 of the indictment.  Morales was arrested yesterday in Las Cruces.

Eulalio V. Chavez is charged in Counts 1 to 8 and 10 of the indictment.  Chavez is also charged in United States v. Caro, et al., 18-CR-1251, and United States v. Ordonez, et al., 18-CR-1255.

INDICTMENT: United States v. Savannah J. Ordonez, et al., 18-CR-1255

Count 1 of the indictment charges four defendants with participating in a methamphetamine trafficking conspiracy.  If convicted, the four defendants each face a maximum statutory penalty of 20 years of imprisonment and a $1 million fine.

Counts 2 and 3 of the indictment charges two defendants with using communication facilities to facilitate drug trafficking crimes.  The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.

Counts 4 and 5 of the indictment charge two defendants with distributing methamphetamine.  The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.

Count 6 of the indictment charges one defendant with possession of methamphetamine with intent to distribute.  The maximum statutory penalty for a conviction on each of these counts is imprisonment for 20 years and a $1 million fine.

Charges against Defendants

Savannah J. Ordonez, 33 of Las Cruces, is charged in Counts 1, 3, and 4 of the indictment.   Ordonez was arrested yesterday in Las Cruces.

Eulalio V. Chavez is charged in Counts 1 and 2 of the indictment.  Chavez was arrested yesterday in Las Cruces.  Chavez is also charged in United States v. Caro, et al., 18-CR-1251, and United States v. Grado, et al., 18-CR-1254. 

Verdugo is charged in Counts 1 to 3, and 5 of the indictment.  Verdugo is also charged in United States v. Grado, et al., 18-CR-1254. 

Dierdre Gonzalez, 47, of Garfield, N.M., is charged in Counts 1 and 5 of the indictment.  Gonzalez was arrested yesterday in Garfield.

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.

ALBUQUERQUE – U.S. District Judge Judith C. Herrera today sentenced David A. Hickman, 29, of Albuquerque, N.M., to 20 years of imprisonment for his conviction on five arson charges, which he pled guilty to under an agreement in which he also acknowledged committing or attempting to commit four additional arsons.  Hickman will be on supervised release for three years after completing his prison sentence.  Hickman also was ordered to pay $406,348 in restitution to Starbucks, one of the businesses that was a victim of Hickman’s criminal conduct.  The Judge will enter orders of restitution as to the other victims at a later date.

Hickman’s sentence was announced by U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Michael Geier of the Albuquerque Police Department (APD), and Chief Paul Dow of the Albuquerque Fire Department.

“Today a dangerous individual who terrorized the residents of Albuquerque in November of 2016 through a series of deliberate and premeditated violent acts that targeted innocent victims was sentenced for the devastating damage and destruction he maliciously caused,” said U.S. Attorney John C. Anderson.  “I commend the Albuquerque Fire and Police Departments for their heroic efforts to apprehend David Hickman and bring him to justice without the loss of human life, and the FBI and ATF for their steadfast commitment to working with their local partners to safeguard the Albuquerque community.”

“For several days in November 2016, when Albuquerque residents should have been enjoying the Thanksgiving holiday and time with their families, our city was hit by a wave of arsons that put a lot of people on edge,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division.  “Federal, state, and local law enforcement agencies quickly sprang into action, working together to do what we do best:  Protect the American people, and catch those who would do harm.  The FBI is proud to have been a part of a team that didn't rest until the person responsible for these malicious fires was brought to justice.”

“I want to commend the efforts of the ATF agents and members of the ATF National Response Team who worked so tirelessly in bringing justice to the people of Albuquerque,” said Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the ATF.  “I hope today’s sentence brings resolution not only to the victims but to the business owners that were equally affected.”

Chief Michael Geier of the Albuquerque Police Department added, “The cooperation between all partners in this case epitomizes our vision of ‘One Albuquerque,’ in which we all work together to make communities safe.”

“The arrest, prosecution, and sentencing was yet another example of a successful collaboration between our local, state, and federal agencies working together to protect our citizens and great city,” said Chief Paul Dow of the Albuquerque Fire Department.”

Hickman was arrested on Nov. 28, 2016, on a criminal complaint charging him with maliciously damaging and destroying, and attempting to damage and destroy, by means of fire, a building, an Old Navy store located in Albuquerque, used in interstate commerce on Nov. 26, 2016.  APD officers arrested Hickman in the early hours of Nov. 26, 2016, and later transferred him into the custody of the FBI.  Hickman was arrested shortly after an APD officer responded to the Pavilions at San Mateo shopping center after hearing “small explosions” coming from the area.  When the officer arrived at the shopping center, he observed Hickman running into and out of the Old Navy store located in the shopping center, which was on fire.  Hickman was indicted on one count of maliciously damaging a building, the Old Navy store, by fire on Dec. 20, 2016. 

Hickman pled guilty on Oct. 11, 2017, to five counts of damaging and destroying buildings used in interstate commerce by fire or explosive.  Although Hickman pled guilty to five arson counts, in his plea agreement, Hickman acknowledged igniting arson fires that damaged or destroyed nine businesses engaged in interstate commerce in Albuquerque between Nov. 16, 2016 and Nov. 26, 2106.  In entering the guilty plea, Hickman admitted that, between Nov. 16, 2016 and Nov. 26, 2016, he ignited and attempted to ignite nine separate fires at the following businesses in Albuquerque:

1. Starbucks Coffee Shop, located at 800 Broadway Blvd. NE;
2. Project Defending Life, located at 625 San Mateo Blvd. NE;
3. Carlisle Condominiums, located at 3600 Central Ave. SE;
4. Starbucks Coffee Shop, located at 5301 Gibson Blvd. SE;
5. Starbucks Coffee Shop, located at 4407 Lomas Blvd. NE;
6. Starbucks Coffee Shop, located at 3400 Central Ave. SE;
7. Barnes & Noble Bookstore, located at the Coronado Mall at 6600 Menaul Blvd. NE;
8. Shred-it, located at 1415 Broadway Blvd. NE; and
9. Old Navy, located at 4900 Cutler Ave. NE.
   However, Hickman entered guilty pleas to committing five arsons that damaged and destroyed the following businesses:

• Igniting the fire at the Carlisle Condominiums located at 3600 Central Ave. SE, on Nov. 23, 2016, by using glass Mason jars filled with ignitable liquid.  The Carlisle Condominiums were under construction and approximately 80% complete when Hickman broke into the construction site and ignited the fire.  The damages caused by the fire exceeded $8 million. 
• Setting the fire at the Starbucks Coffee Shop located at 5301 Gibson Blvd. SE, on Nov. 25, 2016, by firing a gun into a glass door so he could enter the shop, and throwing glass Mason jar devices into the building together with firecrackers and a kerosene container that would ignite and fuel the fire.
• Setting the fire at the Shred-it building located at 1415 Broadway Blvd NE, on Nov. 26, 2016, by firing a gun into a glass door so he could enter the building and use glass Mason jar devices and road flares to ignite fires in the building.
• Setting the fire at the Barnes & Noble bookstore building located at the Coronado Mall at 6600 Menaul Blvd. NE, on Nov. 26, 2016, by firing a gun into a glass door so he could enter the building and use glass Mason jar devices and a road flare to ignite fires in the store.  The damages caused by the fire exceeded $800,000.
• Setting the fire at the Old Navy store located in Albuquerque on Nov. 26, 2016, by shooting several rounds from an assault rifle into the windows of the store so he could enter the store and ignite several fires inside the store using glass Mason jar devices with a road flare.  The damages caused by the fire exceeded $690,000.

 
APD arrested Hickman shortly after he departed the Old Navy store.  At the time of arrest, Hickman was wearing a holster with a handgun and had a flare in his belt.  In Hickman’s vehicle, APD officers found an assault rifle, glass Mason jar devices, tape, ammunition, kerosene, tannerite, and motor oil.  While executing a search warrant at Hickman’s residence, officers found similar materials.
Hickman has been in federal custody since his arrest.

The Albuquerque Division of the FBI, the Albuquerque office of the ATF, ATF’s National Response Team, the Albuquerque Police Department, and the Albuquerque Fire Department conducted the investigation of this case.  Assistant U.S. Attorney Fred J. Federici prosecuted the case.

ALBUQUERQUE – Bryana Agnes Henio, 30, an enrolled member of the Navajo Nation who resides in Little Water, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison for her involuntary manslaughter conviction.  She will be on supervised release for three years after completing her prison sentence.

Henio was arrested in Oct. 2017, on a criminal complaint charging her with involuntary manslaughter.  According to the complaint, Henio killed a man by hitting him with a vehicle on Sept. 8, 2017, on the Navajo Indian Reservation in McKinley County, N.M.  At the time Henio ran over the victim, Henio was driving under the influence of alcohol.  

On Nov. 20, 2017, Henio pled guilty to a felony information charging her with involuntary manslaughter, and admitted killing the victim by driving recklessly while under the influence of alcohol.  Henio 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 Navajo Nation Department of Public Safety.  Assistant U.S. Attorney Joseph M. Spindle prosecuted the case. 

ALBUQUERQUE – Christian Begay, 29, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 78 months in prison for his assault conviction.  Begay will be on supervised release for three years after completing his prison sentence.

Begay was arrested on May 26, 2016, on a criminal complaint charging him with shooting a Navajo man on May 21, 2016.  The complaint stated that the victim suffered severe damage to the pelvic bone and required hospitalization.

Begay was indicted on June 15, 2016, and was charged with assault with a dangerous weapon, a firearm, with intent to do bodily harm; assault resulting in serious bodily injury; and using and carrying a firearm in furtherance of a crime of violence.  According to the indictment, Begay committed the crimes on May 21, 2016, on the Navajo Indian Reservation in San Juan County, N.M. 

On Aug. 22, 2017, Begay pled guilty to a felony information charging him with assault with intent to commit murder.  In entering the guilty plea, Begay admitted that on May 21, 2016, he assaulted the victim with a dangerous weapon, a firearm, by shooting the victim with the intention of murdering the victim.

This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Raquel Ruiz-Velez.

ALBUQUERQUE – Emory Werito, 41, an enrolled member of the Navajo Nation who resides in Nageezi, N.M., was sentenced today in federal court in Albuquerque, N.M., to 36 months in prison for assaulting a federal law enforcement officer.  Werito will be on supervised release for three years after completing his prison sentence.

Werito was arrested on Aug. 24, 2017, on a criminal complaint charging him with assaulting and resisting a federal law enforcement officer.  According to the complaint, on Aug. 16, 2016, the U.S. Marshals Service and San Juan County Sheriff’s Office attempted to execute an arrest warrant on Werito.  As the officers were executing a traffic stop on Werito, he backed his vehicle into a vehicle driven by a Deputy U.S. Marshal and almost hit another Deputy U.S. Marshal while Werito was attempting to evade arrest.

On Oct. 31, 2017, Werito pled guilty to a felony information charging him with assaulting a federal officer.  In entering the guilty plea, Werito admitted that on Aug. 16, 2016, he drove a vehicle toward a Deputy U.S. Marshal engaged in the performance of his official duties.

This case was investigated by the Farmington office of the FBI, the U.S. Marshals Service, and the San Juan County Sheriff’s Office.  Assistant U.S. Attorney Joseph M. Spindle prosecuted the case.

ALBUQUERQUE – Todd McDonald, 39, of Albuquerque, N.M., pled guilty today in federal court to bank fraud and aggravated identity theft charges under a plea agreement with the U.S. Attorney’s Office.

McDonald was arrested in Oct. 2017, on a criminal complaint charging him with theft of mail on Oct. 19, 2017, in Bernalillo County, N.M.  According to the complaint, Albuquerque Police Department officers arrested McDonald after finding him asleep in his vehicle in a grocery store parking lot and determining that there was an outstanding warrant for his arrest.  The complaint stated that the officers found a counterfeit U.S. Postal Service arrow key, mail, and debit cards and credit cards in the names of other individuals while executing a search warrant on McDonald’s vehicle.

McDonald and co-defendants Christopher Freeburn, 45, and Darlene Baca, 38, both of Albuquerque, subsequently were charged in a 34-count indictment on Nov. 15, 2017.  Count 1 of the indictment charged Freeburn and McDonald with participating in a conspiracy to possess stolen mail, possess a postal arrow key, bank fraud, and aggravated identity theft.   Counts 2 through 12 charge Freeburn and McDonald with possession of stolen mail.  Counts 13 through 17 charged Freeburn with possession of a postal arrow key.  Counts 18 through 30 charged McDonald, Baca and Freeburn with committing bank fraud.  Counts 31 through 34 charged McDonald and Freeburn with aggravated identity theft in furtherance of bank fraud.  According to the indictment, the defendants committed the offenses from March 2016 through Oct. 2017, in Bernalillo County, by stealing mail, which included personal identifying information, for the purpose of submitting online applications for lines of credit and credit cards in the names of other individuals and to make personal purchases for goods and services including hotel rooms and drugs.

During today’s proceedings, McDonald pled guilty to two counts of bank fraud and one count of aggravated identity theft in furtherance of bank fraud.  In entering the guilty plea, McDonald admitted that on Feb. 17, 2017, he used another person’s credit cards to book and pay for hotel rooms.  McDonald further admitted that on Oct. 20, 2017, he used another person’s credit card and personal identifying information to make purchases at a store in Bernalillo County and pretended to be that person to make the purchases using money that was held by a bank.  McDonald acknowledged that he obtained the personally identifying information of the victim from the victim’s mail. 

At sentencing, McDonald faces a maximum penalty of 30 years of imprisonment, including a mandatory penalty of two years imprisonment to be served consecutive to any other sentence imposed on the aggravated identity theft charge.  A sentencing hearing has yet to be scheduled.

Freeburn pled guilty on Feb. 1, 2018, to conspiracy, five counts of unlawful possession of a counterfeit postal arrow key, ten counts of committing bank fraud and three counts of aggravated identity theft in furtherance of bank fraud.  Freeburn’s plea agreement recommends a 60 month term of imprisonment and a fine not to exceed $1 million.  A sentencing hearing has yet to be scheduled.

Baca pled guilty on Feb. 28, 2018, to three counts of bank fraud.  At sentencing, Baca faces a maximum penalty of 30 years of imprisonment and a fine not to exceed $1 million.  A sentencing hearing has yet to be scheduled.

This case was investigated by the U.S. Postal Inspection Service and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Valarie Martinez, 32, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by being a felon in possession of a firearm and ammunition.

Martinez was arrested in Feb. 2018, on a criminal complaint charging her with being a felon in possession of a firearm and ammunition on Jan. 16, 2018, in Chaves County, N.M.  According to the complaint, Roswell Police Department (RPD) officers arrested Martinez after locating a bag containing a firearm and ammunition that Martinez discarded while fleeing from the scene of a suspected breaking and entering of a dwelling.  Martinez was prohibited from possessing firearms or ammunition because of her prior felony convictions.

During today’s proceedings, Martinez pled guilty to a felony information charging her with being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Martinez admitted that on Jan. 16, 2018, she was in possession of a firearm and ammunition.  Martinez acknowledged that she was prohibited from possessing firearms or ammunition because of her status as a convicted felon.

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

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the RPD and is being prosecuted by Assistant U.S. Attorneys Brock E. Taylor and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Armando Camarena, 34, of Rio Rancho, N.M., was sentenced on April 20, 2018, in federal court in Albuquerque, N.M., to 12 years in federal prison followed by a lifetime of supervised release for his conviction on child pornography and cyberstalking charges.  He also will be required to register as a sex offender after he completes his prison sentence. 

Homeland Security Investigations (HSI) arrested Camarena in July 2014, based on a criminal complaint charging him with distributing and possessing visual depictions of minors engaged in sexually explicit conduct.  According to the criminal complaint, HSI initiated the investigation leading to Camarena’s arrest after receiving a lead from HSI in Idaho Falls, Idaho, which reported that a 14-year-old girl had received child pornography, child erotica and threatening messages on her iPod from an individual the child met through social media.  Investigation revealed that the child pornography and threats were sent from an IP Address used by Camarena.  On July 30, 2014, HSI and the Albuquerque Police Department (APD) executed a federal search warrant at Camarena’s residence and seized computer images consistent with child pornography.  Camarena was taken into custody at that time.

Camarena was indicted on Aug. 12, 2014, and was charged with receipt of child pornography, possession of child pornography, and cyberstalking.  The indictment alleged that Camarena committed the crimes in Sandoval County, N.M., between Dec. 2013 and July 2014. 

On Sept. 20, 2017, Camarena pled guilty to the indictment.  In his plea agreement, Camarena admitted that in Dec. 2013, he used a social media application to initiate contact with a juvenile victim residing outside New Mexico.  When the juvenile victim sought to terminate contact with Camarena in Jan. 2014, Camarena sent the juvenile victim a series of messages in which he threatened to kill and inflict serious bodily injury on the victim and the victim’s family with the intention of causing them substantial emotional distress. 

In his plea agreement, Camarena also admitted that in July 2014, he possessed child pornography on his cellular telephone, which he downloaded and received from the internet.  Camarena acknowledged that law enforcement officers seized his cellular telephone when they executed a federal search warrant at his residence on July 30, 2014.

This case was investigated by SPEED, the Sexual Predator and Exploitation Enforcement Detail, which is comprised of officers from HSI-Albuquerque office, APD and the Bernalillo County Sheriff’s Office, with assistance from HSI-Idaho and the Idaho Fusion Center. 

The case was prosecuted by Assistant U.S. Attorney Jack E. Burkhead 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.

ALBUQUERQUE – Juan Martin Rosales, 49, of Chaparral, N.M., pled guilty today in Las Cruces, N.M., federal court to child pornography charges, announced U.S. Attorney John C. Anderson, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, Sheriff Enrique Vigil of the Dona Ana County Sheriff’s Office, Chief Patrick Gallagher of the Las Cruces Police Department, and Sheriff Benny House of the Otero County Sheriff’s Office.

Rosales was charged by criminal complaint filed in Oct. 2017, with child exploitation and child pornography offenses.  The complaint alleged that Rosales sexually exploited children and received and possessed child pornography from Oct. 2015 through Oct 16, 2017, in Dona Ana County, N.M.  According to the complaint, the investigation into Rosales was initiated in April 2017, when Rosales’ neighbors reported to the Dona Ana County Sheriff’s Office that Rosales possessed a tablet computer containing child pornography.  The complaint also alleged that Rosales used a cellular phone to take photographs of children engaged in sexually explicit conduct.  During the execution of a search warrant on Oct. 16, 2017, law enforcement agents recovered numerous SD cards, cellular phones, a tablet computer and other electronic devices from Rosales’ home. 

Rosales was indicted on Jan. 17, 2018, and was charged with 15 counts of producing child pornography and three counts of possessing child pornography.  The indictment charged Rosales with producing child pornography four times on Sept 28, 2016, and 11 times on Sept. 30, 2016.  It also charged Rosales with possessing child pornography on two micro SD cards and a smartphone on Oct. 16, 2017.  According to the indictment, Rosales committed the crimes in Otero County, N.M.

 During today’s proceedings, Rosales pled guilty to the indictment without the benefit of a plea agreement.

At sentencing, Rosales faces a statutory mandatory minimum penalty of 15 years and a maximum of 30 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 Homeland Security Investigations, the Dona Ana County Sheriff’s Office, Las Cruces Police Department, and the Otero County Sheriff’s Office.  Assistant U.S. Attorney Alexander B. Shapiro 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 more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center tipline at (575) 526-3437.

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.

ALBUQUERQUE – Randell Lonjose, 35, an enrolled member of the Zuni Pueblo who resides in Albuquerque, N.M., pled guilty today in federal court to kidnapping and sexual assault charges under a plea agreement that recommends a 22-year term of imprisonment.  Lonjose also will be required to register as a sex offender after completing his prison sentence.

The guilty plea was announced by U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Chief Timothy Trimble of the Zuni Pueblo Tribal Police Department. 

Lonjose was arrested on Aug. 23, 2017, on a criminal complaint charging him with sexually abusing a Zuni Pueblo woman in Aug. 2017.  According to the criminal complaint, in the early morning hours of Aug. 14, 2017, Lonjose forced his way into the victim’s vehicle through a side window, brandished a knife at the victim and instructed her to drive the vehicle to a deserted area.  There, Lonjose forced the victim out of the vehicle and force her to engage in a sexual act with him.

Lonjose was indicted on Sept. 21, 2017, and charged with carjacking, kidnapping, and two counts of aggravated sexual abuse.  The indictment alleged that Lonjose committed the crimes on Aug. 14, 2017, on Zuni Pueblo in McKinley County, N.M.

During today’s proceedings, Lonjose pled guilty to kidnapping and one count of aggravated sexual abuse.  In entering the guilty plea, Lonjose admitted that in the early morning hours of Aug. 14, 2017, he forced his way into the victim’s vehicle while the victim was driving, threatened the victim with a knife, and attempted to choke and strangle the victim when she did not comply with Lonjose’s demands.  Lonjose admitted that after directing the victim to drive to a deserted area, he forced her to engage in a sexual act with him.  Lonjose acknowledged that the areas in which he kidnapped the victim and sexually assaulted her were on Zuni Pueblo. 

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

This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department.  This case is being prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni 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 driven largely 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 – Russel Patrick Bearshield, 30, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced today in federal court in Las Cruces, N.M., to 30 months in prison for his assault conviction.  He will be on supervised release for two years after completing his prison sentence.

The BIA arrested Bearshield on June 23, 2017, on a criminal complaint charging him with assaulting a Mescalero Apache woman on Sept. 9, 2016, on the Mescalero Apache Indian Reservation in Otero County, N.M.  Bearshield assaulted the woman by throwing a television at her, and by punching, striking and kicking her in the face. 

On Oct. 5, 2017, Bearshield pled guilty to a felony information charging him with assault resulting in serious bodily injury.  In entering the guilty plea, Bearshield admitted that on Sept. 9, 2016, he assaulted the victim by punching her several times with a closed fist.  As the result of the assault, the victim suffered a fractured orbital bone, which required surgery.

This case was investigated by 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.

The case was brought 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 – The Justice Department today announced that former U.S. Customs and Border Protection (CBP) officer Christopher M. Holbrook pleaded guilty in federal court in Las Cruces, New Mexico, to obstruction of justice. 

The charge stems from Holbrook’s falsification of a report regarding his use of force against an individual, referred to as R.A.M., on March 23, 2015. At the time of the incident, Holbrook, 31, was working as a CBP officer in Las Cruces. 

In his plea agreement, Holbrook admitted falsifying an official document.  Specifically, Holbrook falsely claimed in his use-of-force report that when he detained R.A.M., R.A.M. actively resisted and attempted to pull away. Holbrook further falsely claimed that he used the minimal amount of force necessary to control R.A.M. but that he lost control and they both fell to the floor.  In pleading guilty, Holbrook admitted that in fact, and as he knew at the time, he intentionally swept R.A.M.’s legs out from under him and caused R.A.M.’s head to hit the floor. Holbrook also admitted that he falsified his use-of-force report to avoid getting in trouble with CBP.

Holbrook faces a maximum sentence of 20 years in prison and a $250,000 fine. A sentencing date has yet to be scheduled.

“Federal law enforcement officers have an unassailable duty to uphold the law,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The defendant’s unlawful actions, obstruction of justice, and intentional falsification of a report, undermines the public’s confidence in our criminal justice system. This Justice Department will continue to vigorously prosecute such violations of the law.”

“Law enforcement officers are accorded tremendous power to enforce the law and ensure justice.  Preventing the abuse of this authority is necessary to protect the rights of our citizens and to maintain public trust in law enforcement agencies,” said U.S. Attorney John C. Anderson of the District of New Mexico. “Those who take an oath to support and defend the Constitution of the United States must be held accountable when they willfully violate the constitutional rights of others and obstruct justice to cover up their crimes.”

This case was investigated by CBP’s Office of Professional Responsibility.  Assistant U.S. Attorney Brock Taylor of the District of New Mexico U.S. Attorney’s Las Cruces Branch Office and Trial Attorney Julia Gegenheimer of the Civil Rights Division of the Department of Justice are prosecuting the case.

ALBUQUERQUE – Vinson Six, 39, an enrolled member of the Navajo Nation who resides in Smith Lake, N.M., pled guilty today in federal court to assault charges.

Six was arrested on Dec. 13, 2017, on a three-count indictment charging him with assault with a dangerous weapon, a knife, assault resulting in serious bodily injury, and robbery.  According to the indictment, Six committed the crimes on April 14, 2016, on the Navajo Indian Reservation in McKinley County, N.M.

During today’s proceedings, Six pled guilty to assault with a dangerous weapon and assault resulting in serious bodily injury.  In entering the guilty plea, Six admitted that on April 14, 2016, he forced himself into the victim’s home, and threatened and cut the victim with a knife.  Six acknowledged that the victim suffered lacerations to his head and arm, which required medical attention, as the result of the assault.

At sentencing, Six 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 Gallup office of the FBI and the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Elisa Dimas.

ALBUQUERQUE – Dale Dominic Galvan, 40, an enrolled member of the Zia Pueblo, who resides in Englewood, Colo., was sentenced today in federal court in Santa Fe, N.M., to 23 months in prison followed by one year of supervised release for his conviction on a child abuse charge. 

Galvan was indicted on May 12, 2015, and was charged with abandonment or abuse of a child under the age of 18 on April 15, 2014, on the Santa Clara Pueblo in Rio Arriba County, N.M.

On Sept. 18, 2017, Galvan pled guilty to an information charging him with child abuse.  In entering the guilty plea, Galvan admitted that on April 15, 2014, he exposed a two-year-old child to inclement weather by leaving the child in a vehicle for at least 20 to 45 minutes on a cold night with a temperature of about 29 degrees Fahrenheit.  The child was dressed only in a t-shirt, without a diaper, socks, or pants and was found to be cold and shivering.  Galvan further admitted that his actions caused and permitted a substantial and unjustifiable risk of serious harm to the safety and health of the child. 

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services, and the Santa Clara Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

ALBUQUERQUE – Michael Dwain Samples, 26, of Monahans, Tex., was sentenced this morning in federal court in Las Cruces, N.M., to 120 months in prison for his conviction on drug trafficking and firearms charges.  Samples will be on supervised release for five years after completing his prison sentence.

The sentence was announced by U.S. Attorney John C. Anderson, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso and Chief Pete N. Kassetas of the New Mexico State Police.

“The everyday work of state and local law enforcement officials is a critical component in protecting our communities from the harmful impact of drugs.  In this case, exceptional work by state police turned a routine traffic stop into a major federal drug trafficking prosecution,” said U.S. Attorney John C. Anderson.  “The outstanding partnerships that we have between federal and state law enforcement officials in New Mexico is a force multiplier in our efforts to make our communities safer for our families and friends.”    

“Homeland Security Investigations is committed to combating narcotics trafficking and other public safety threats impacting the citizens of New Mexico, said Acting Special Agent in Charge Jack P. Staton of HSI in El Paso.  “Working with the New Mexico State Police, this investigation took dangerous drugs and firearms off the streets of eastern New Mexico.”

New Mexico State Police Chief Pete Kassetas said, “It is a priority of the New Mexico State Police to keep drugs and criminals off the streets of New Mexico.  This case is one example of many in which law enforcement has done its job to prevent dangerous drugs and firearms from entering our communities. We will remain resolute in our commitment to finding these criminal elements and enforcing laws to keep our communities safe.”

Samples’ co-defendant Nicolas Robert Muniz, 26, also of Monahans, Tex., was charged by criminal complaint on June 5, 2017, after law enforcement officers seized approximately 504 grams of methamphetamine, 50 grams of marijuana, and firearms and ammunition from Muniz’s vehicle following a routine traffic stop.  During the traffic stop, the officers deployed a drug detection canine on Muniz’s vehicle after observing that Muniz was acting in a suspicious and nervous manner.  The officers searched the vehicle and found the drugs after the canine alerted the officers to the presence of controlled substances in the vehicle.

Samples and Muniz were subsequently charged in a six-count indictment on Sept. 13, 2017.  Samples and Muniz were charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute.  Muniz was charged individually with being a felon in possession of a firearm and ammunition and possession of a firearm in relation to a drug trafficking crime.  Samples was charged individually with being a felon in possession of a firearm and ammunition and possession of a firearm in relation to a drug trafficking crime.  According to the indictment, the defendants committed the offenses on May 16, 2017, in Lea County, N.M.  Samples and Muniz were prohibited from possessing firearms or ammunition because of their statuses as convicted felons.

On Oct. 31, 2017, Samples pled guilty to conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, and being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Samples admitted that on May 16, 2017, he traveled from Monahans, Texas, to Carlsbad, to purchase approximately 469 grams of methamphetamine with the intention of distributing the methamphetamine to others in exchange for money.  Samples further admitted that on May 16, 2017, he was in possession of a firearm and ammunition despite his status as a convicted felon. 

On Jan. 16, 2018, Muniz pled guilty to a four-count felony information charging him with conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, being a felon in possession of a firearm and ammunition and possession of a firearm in furtherance of a drug trafficking crime.  In entering the guilty plea, Muniz admitted that on May 16, 2017, he agreed to drive Samples from Monahans, Texas to Carlsbad, N.M., to purchase approximately 469 grams of methamphetamine.  Muniz further admitted that there was a firearm loaded with several rounds of ammunition under Muniz’s seat in the vehicle Muniz was driving.  Muniz admitted that he possessed the firearm and ammunition despite his status as a convicted felon on May 16, 2017, for protection and in furtherance of his drug trafficking activities.  Muniz remains in custody pending a sentencing hearing which has yet to be scheduled.   

This case was investigated by Homeland Security Investigations and the New Mexico State Police.  Assistant U.S. Attorneys Brock E. Taylor and Joni L. Autrey of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.

ALBUQUERQUE – Emery Calabaza, 59, an enrolled member and resident of Kewa Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an aggravated sexual abuse of a minor charge.  Under the terms of his plea agreement, Calabaza will be sentenced within the range of 180 to 240 months in federal prison followed by a term of supervised release to be determined by the court.  Calabaza also will be required to register as a sex offender.

Calabaza was arrested in June 2017, on a criminal complaint charging him with sexually abusing a Kewa Pueblo child under the age of 12 years on May 30, 2017.  Calabaza was subsequently indicted on June 28, 2017.  The indictment charged Calabaza with sexually abusing a minor under the age of 12 years on two occasions between May 1, 2017 and June 6, 2017, on Kewa Pueblo in Sandoval County, N.M.

During today’s proceedings, Calabaza pled guilty to a felony information charging him with aggravated sexual abuse.  In entering the guilty plea, Calabaza admitted that between May 1, 2017 and June 6, 2017, he sexually abused the victim, who was under the age of 16-years-old.  Calabaza remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and is being 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 driven largely 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 – Jerome Dayzie, 44, an enrolled member of the Navajo Nation who resides in Roundrock, Ariz., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge.

Dayzie was arrested in Dec. 2017, on a criminal complaint charging him with killing a man on Dec. 9, 2017, on the Navajo Indian Reservation in San Juan County, N.M.  According to the complaint, Dayzie killed the victim when he hit a trailer parked on the side of the road and flipped the vehicle he was driving and in which the victim was a passenger.  At the time of the crash, Dayzie was driving under the influence of alcohol. 

During today’s proceedings, Dayzie pled guilty to a felony information charging him with involuntary manslaughter.  In entering the guilty plea, Dayzie admitted killing the victim when he crashed the vehicle he was driving into a trailer parked on the side of the road, flipping the vehicle and causing the victim, who was a passenger, to be ejected.  Dayzie admitted killing the victim while driving recklessly and under the influence of alcohol, and that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.

At sentencing, Dayzie faces a maximum statutory penalty of eight years in federal prison.  A sentencing hearing has yet to be scheduled.

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

ALBUQUERQUE – Joseph Gonzales, 28, a former resident of Los Alamos County, N.M., who now resides in Albuquerque, N.M., pled guilty today in federal court to endangering human life while illegally manufacturing a controlled substance.  Gonzales committed the crime by causing an explosion at an apartment complex while attempting to create hashish oil and wax. 

Gonzales was arrested in July 2017, on a three-count indictment charging him with endangering human life while illegally manufacturing a controlled substance, manufacturing a controlled substance, and maintaining a residence for the purpose of manufacturing marijuana and hashish oil.  According to the indictment, Gonzales committed the crimes on May 9, 2016, in Los Alamos County, N.M.

During today’s proceedings, Gonzales pled guilty to Count 1 of the indictment charging him with endangering human life while illegally manufacturing a controlled substance.  In entering the guilty plea, Gonzales admitted that on May 9, 2016, he was illegally attempting to manufacture hashish oil or wax in an apartment in Los Alamos County by using butane gas to extract THC from marijuana to produce hashish oil or wax.  Gonzales also admitted that during the manufacturing process, a build-up of butane gas ignited, causing an explosion which severely burned Gonzales’ body and damaged the apartment complex.

According to his plea agreement, Gonzales possessed a medical marijuana card due to a medical condition.  Gonzales admitted that his medical marijuana card did not give him authorization to manufacture hashish oil or wax.

At sentencing, Gonzales faces a maximum penalty of ten years in federal prison and a fine up to $250,000.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Los Alamos Police Department.  Assistant U.S. Attorney Letitia C. Simms is prosecuting the case.

ALBUQUERQUE – Juan Carlos Varela-Maldonado, 28, a Mexican national illegally residing in the United States, was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 150 months in prison for his conviction on methamphetamine trafficking and being an illegal alien in possession of firearms and ammunition.  Varela-Maldonado will be deported after completing his prison sentence.

Varela-Maldonado and co-defendant Oscar Gabriel Mendoza-Bailon, 30, also a Mexican national illegally residing in the United States, were arrested on April 2, 2015, on a criminal complaint charging them with distributing approximately 113 grams of methamphetamine to an individual working with law enforcement on March 23, 2015, in Bernalillo County, N.M.  Varela-Maldonado and Mendoza-Bailon subsequently were charged in a two-count indictment filed on April 28, 2015, with methamphetamine trafficking offenses.

The indictment was superseded on Dec. 2, 2015, to add two more charges against Varela-Maldonado.  The superseding indictment charged Varela-Maldonado and Mendoza-Bailon with conspiracy and distributing methamphetamine on March 23, 2015.  Varela-Maldonado was also charged individually with possession of methamphetamine with intent to distribute and being an illegal alien in possession of firearms and ammunition on April 2, 2015.  According to the indictment, the defendants committed the crimes in Bernalillo County.

On Sept. 29, 2016, Varela-Maldonado pled guilty to the indictment without the benefit of a plea agreement.

Mendoza-Bailon entered a guilty plea to a felony information on May 11, 2016, charging him with distribution of methamphetamine.  In entering the guilty plea, Mendoza-Bailon admitted that on March 23, 2015, he and Varela-Maldonado sold approximately 111.4 grams of 97.3% pure methamphetamine to an individual working with law enforcement.  Mendoza-Bailon was sentenced on Sept. 14, 2016, to 42 months in prison and will be deported after completing his prison sentence.

This case was investigated by the Border Enforcement Security Taskforce of Homeland Security Investigations and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorneys Kristopher N. Houghton, Joel R. Meyers and Peter J. Eicker prosecuted the case.

ALBUQUERQUE – U.S. Attorney John C. Anderson, New Mexico Attorney General Hector H. Balderas, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Bernalillo County Sheriff Manuel Gonzales, III, announced today that eight defendants have been indicted on federal child sex trafficking charges.  The defendants are charged with conspiring to sex traffic minors in New Mexico and Arizona, to transport minors to engage in criminal sexual activity, and sex trafficking of minors. 

 The eight defendants, Chante Bickham, 24, Camara Cherry-Amos, 23, Breeauna Langton, 19, Keron Eugene Lucious, 20, Jason L. Jackson, 23, Devin Perkins, 21, and Andrew Wyatt, 29, all of Albuquerque, and John Dompierre, 54, of Phoenix, Ariz., are charged in an 11-count superseding indictment that was filed on April 10, 2018.  The superseding indictment charges the eight defendants with conspiring to recruit and force minors to engage in commercial sex acts, and five of the defendants with transporting a minor in interstate commerce for the purpose of engaging in prostitution.  It also charges each defendant with sex trafficking of minors.  The superseding indictment alleges that the defendants committed the crimes in Bernalillo County, N.M., and elsewhere between Feb. 2017 and Jan. 2018.

Cherry-Amos, Langton, Lucious and Wyatt, who were arrested yesterday, made their initial appearances in federal court in Albuquerque this morning.  They remain in custody pending detention hearings, which are scheduled for tomorrow morning, at which time they also will be arraigned on the superseding indictment. 

Bickham is in state custody on related state charges and will be transferred into federal custody to answer to the charges in the superseding indictment.  Jackson, who was arrested on a related charge in Nov. 2017, is detained on that related charge; his arraignment hearing is currently scheduled for April 16, 2018.  Perkins was arrested in Dec. 2017 on a related charge and is detained; his arraignment hearing has yet to be scheduled.

Dompierre has yet to be arrested and is considered a fugitive.

Superseding Indictment 17-CR-03246-MV

Charges and Statutory Penalties

Count 1 charges the eight defendants with conspiracy to commit sex trafficking of minors from Feb. 2017 through Jan. 2018, in violation of 18 U.S.C. §§ 1594 (a) and (c), and carries a mandatory minimum penalty of 15 years and a maximum penalty of life in prison, and a fine of not more than $250,000.

Count 2 charges Bickham, Cherry-Amos, Dompierre, Jackson and Wyatt with conspiracy to transport minors to engage in criminal sexual activity from Nov. 2017 through Jan. 2018, in violation of 18 U.S.C. §§ 2423 (a) and (c), and carries a mandatory minimum penalty of ten years and a maximum of life in prison, and a fine of not more than $250,000.

Counts 3 through 11 charge each of the defendants with sex trafficking of one of two minors on various dates from Feb. 2017 through Jan. 2018, in violation of 18 U.S.C. §§ 1591 (a) and (b)(2), and carries a mandatory minimum penalty of 15 years and a maximum of life in prison, and a fine of not more than $250,000.   

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

The investigation of this case was initiated and led by the Bernalillo County Sheriff’s Office and the New Mexico Office of the Attorney General, and thereafter was joined by the Albuquerque offices of the FBI and Homeland Security Investigations.  Assistant U.S. Attorney George C. Kraehe is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

Bickham Superseding Indictment

ALBUQUERQUE – Ray L. Smith, 52, a former resident of Las Vegas, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 48 months of imprisonment for his conviction on drug trafficking and money laundering charges.  Smith will be on supervised release for three years after completing his prison sentence.  Smith also was ordered to forfeit to the United States $1,062,592 in cash, five properties located in New Mexico and Arizona, and nine vehicles.  He also was ordered to pay $5,000 in community restitution and a $5,000 fine.

Smith and co-defendant Tamara Phillips, 47, of Kingman, Ariz., were arrested by the DEA in Feb. 2016, and charged in a four-count indictment that was filed in Feb. 2016, alleging drug trafficking and money laundering offenses.  The indictment subsequently was superseded in May 2017, and charged Smith and Phillips with conspiring to distribute synthetic cannabinoids, maintaining premises for the purpose of distributing synthetic cannabinoids, and participating in a conspiracy to launder drug proceeds.  According to the superseding indictment, between Feb. 2010 and Feb. 2016, Smith and Phillips participated in a conspiracy to distribute synthetic cannabinoids from three businesses in New Mexico and Arizona owned by Smith that were jointly managed by Smith and Phillips

The superseding indictment alleged that Smith and Phillips used the three businesses – “Smokin Body Jewelry” stores located in Las Vegas, Raton and Kingman – to sell synthetic cannabinoids.  Employees at the stores allegedly sold synthetic cannabinoids to customers while acting at the direction of Smith and Phillips.  The superseding indictment included information about two alleged drug transactions occurring on Sept. 29, 2015; the first involved the sale of $1,687.46 of synthetic cannabinoids by an employee at the Raton store, and the second involved the sale of $1,556.91 of synthetic cannabinoids by an employee at the Las Vegas store.  The superseding indictment included forfeiture allegations seeking forfeiture of property and other assets constituting the proceeds of the drug trafficking offenses charged in the superseding indictment or that were used to facilitate those crimes including seven parcels of real property located in New Mexico and Arizona, funds in 20 bank accounts, a safety deposit box, and four vehicles.

During law enforcement operations executed on Feb. 18, 2016, law enforcement agents and officers seized 18 bank accounts, a safety deposit box and the eight parcels of real property identified in the indictment.  They also executed six search warrants, including search warrants for each of the three stores, a second commercial property in Kingman, and two residences.  The estimated aggregate value of the real property, currency and other assets seized on Feb. 18, 2016, exceeded $2.3 million, including approximately $380,000 in cash.  The agents and officers also seized approximately 11 kilograms (24.2 pounds) of precursor chemicals allegedly shipped from China in the primary residence of Smith and Phillips.  In addition, approximately 25 kilograms (55 pounds) of suspected synthetic cannabinoids with a street value of $250,000 were seized from the three stores and the residence of Smith and Phillips.

On Nov. 2, 2017, Smith pled guilty to four counts of the superseding indictment charging him with conspiracy to distribute synthetic cannabinoids, two counts of maintaining a drug-involved premises, and conspiracy to commit money laundering.   In entering the guilty plea, Smith acknowledged that from Feb. 2010 through Feb. 2016, he was the founder, owner and proprietor of “Smokin’ Body Jewelry,” which operated at various times from 2010 through 2016 in New Mexico and Arizona.  Smith admitted that during that timeframe, he conspired to sell large quantities of synthetic cannabinoids to the general public. 

Smith further admitted that synthetic cannabinoids were “Smokin Body Jewelry’s” best-selling item, and that he engaged in the routine practice of mixing, transferring and spreading deposits throughout personal and business bank accounts in order to conceal the source of his revenue as primarily derived from the unlawful sale of synthetic cannabinoids.  Smith admitted he used revenue from the sale of synthetic cannabinoids to pay for his personal salary and the salaries of store employees, and to purchase several parcels of land, property and vehicles. 

Phillips has entered a plea of not guilty to the charges in the superseding indictment and is scheduled for trial in May 2018.  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 DEA’s offices in Albuquerque, N.M., and Flagstaff, Lake Havasu and Yuma, Ariz., with assistance from the Raton Police Department and the Mohave Area General Narcotics Enforcement Team.  Assistant U.S. Attorneys Shaheen P. Torgoley and Joel R. Meyers are prosecuting the case.

 The synthetic cannabinoids charged in the indictment are commonly referred to as “spice.”  According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids.  Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana.  These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana.  These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process.  Synthetic cannabinoids often are labeled as incense to mask their intended purpose.

ALBUQUERQUE – Howard Francis, 53, an enrolled member and resident of Laguna Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison for his conviction on an assault by strangulation charge.  Francis will be on supervised release for three years after completing his prison sentence.

Francis was arrested on Oct. 18, 2016, on a criminal complaint charging him with assault of an intimate partner by strangulation.  According to the complaint, Francis assaulted the victim, a Navajo woman, on Oct. 11, 2016, in the Laguna Pueblo within Cibola County, N.M., by grabbing the victim’s hair, and hitting her in the face with a closed fist.  It also alleged that Francis used his forearm to pin the victim by the neck to the bed, making it difficult for the victim to breathe, and placed a pillow over the victim’s face while attempting to suffocate her.

Francis was indicted on Nov. 1, 2016, and was charged with assault of an intimate partner by strangulation or suffocating and attempting to assault an intimate partner by suffocating. 

On Oct. 26, 2017, Francis pled guilty to Count 1 of the indictment, which charged him with assaulting an intimate partner by strangulation.  In entering the guilty plea, Francis admitted that on Oct. 11, 2016, he grabbed the victim by the hair and hit her in the face while demanding the victim’s cellular phone.  Francis further admitted that as the victim attempted to leave the room, he grabbed her by the hair, dragged her back to the bed, and placed his forearms across her neck and applying pressure to her throat.  As the result of the assault, the victim sustained injuries to her face, throat and body, including bruising and red petechiae. 

This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services and the Pueblo of Laguna Tribal Police Department.  Assistant U.S. Attorney Raquel Ruiz-Velez prosecuted the case 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 – Christopher Cook, 40, of Albuquerque, N.M., was sentenced this morning in U.S. District Court in Santa Fe, N.M., to 212 months in prison for being an armed career criminal unlawfully in possession of a firearm and ammunition on Jan. 3, 2015, the day he shot and seriously injured Officer Lou Golson of the Albuquerque Police Department (APD).  Cook will be on supervised release for three years after completing his prison sentence.

The sentence was announced by 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).

Cook previously pled guilty in the Second Judicial District Court for the State of New Mexico to state charges arising from the Jan. 3, 2015, shooting of Officer Golson, including shooting at or from a motor vehicle (great bodily harm), aggravated battery on a police officer and receiving or transferring a motor vehicle.  Cook was sentenced on the state charges on July 10, 2016, to 20 years in state custody. 

Cook’s convictions on both federal and state charges were the result of a collaborative investigative effort involving the U.S. Attorney’s Office, Second Judicial District Attorney’s Office, ATF, FBI, U.S. Marshals Service, APD, Bernalillo County Sheriff’s Office, and New Mexico State Police.

 Cook initially was charged with being a felon in possession of a firearm in a criminal complaint filed by ATF on Jan. 6, 2015.  The criminal complaint alleged that Cook unlawfully possessed a firearm and ammunition on Jan. 3, 2015, when Cook shot APD Officer Golson during a traffic stop in Bernalillo County, N.M.  On March 10, 2015, Cook was indicted on that same charge.  According to court records, Cook was prohibited from possessing either firearms or ammunition on Jan. 3, 2015, because he previously has been convicted of at least eleven felony offenses, including two involving attempted aggravated assaults on peace officers.

On Sept. 9, 2016, Cook entered a guilty plea to the indictment without the benefit of a plea agreement. 

This case was investigated by the Albuquerque Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department, the U.S. Marshals Service, the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office and the New Mexico State Police with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney David M. Walsh is prosecuting the case.

Cook 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 for federal prosecution violent or repeat offenders with the goal of removing them from communities in New Mexico for as long as possible.