District of New Mexico

ALBUQUERQUE – Howard Francis, 53, an enrolled member and resident of Laguna Pueblo, N.M., pleaded guilty yesterday in federal court in Albuquerque, N.M., to an assault by strangulation charge.  Under the terms of his plea agreement, Francis will be sentenced within the range of 27 to 30 months in prison followed by a term of supervised release to be determined by the court.

 

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. 

 

During yesterday’s proceedings, 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.  A sentencing hearing has yet to be scheduled.

 

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 is prosecuting 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 – Michael Shane Riley, 45, an enrolled member and resident of Laguna Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by unlawfully possessing a firearm.  Under the terms of his plea agreement, Riley will be sentenced to 37 months of imprisonment followed by a term of supervised release to be determined by the court.

 

Riley was arrested on Jan. 23, 2017, on an indictment charging him with being a felon in possession of a firearm on May 30, 2016, in Cibola County, N.M.  According to the indictment, Riley was prohibited from possessing firearms or ammunition because he previously had been convicted of assault and battery with a dangerous weapon.

 

During today’s change of plea hearing, Riley pled guilty to the indictment and admitted that on May 30, 2016, he possessed a firearm while on the Pueblo of Laguna in Cibola County.  Riley acknowledged that he was prohibited from possessing a firearm because he previously had been convicted of assault and battery with a dangerous weapon in 2002.

 

Riley has been in custody since his arrest and remains 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 Laguna Pueblo Tribal Police Department.  Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.

ALBUQUERQUE – The U.S. Attorney’s Office and UNM’s Health and Sciences Center are encouraging the public to participate in DEA’s 14th National Prescription Drug Take-Back Day on Saturday, Oct. 28, 2017 from 10:00 a.m. to 2:00 pm as part of the prevention and education component of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. 

 

During the last National Prescription Drug Take-Back Day in April 2017, Americans turned in 900,386 pounds – 450 tons – of prescription drugs at 5,498 sites staffed by DEA and more than 4,000 of its state, local and tribal law enforcement partners.  Here in New Mexico, DEA and nearly 50 law enforcement partners collected more than 6,000 pounds of medication at 74 collection sites throughout the state. 

 

“Prescription drug abuse is the nation’s fastest growing drug problem.  More people die each year from prescription painkiller overdoses than from heroin, cocaine or any other illegal drug,” said Karen I. Flowers, Special Agent in Charge of the Drug Enforcement Administration-El Paso Division.  “By continuing to offer safe and secure options for our citizens to dispose of their unwanted prescription drugs, we are reducing the threat that these drugs pose to public health.”

 

“Properly disposing of unused prescription drugs is a simple and easy way for all of us to help fight this deadly epidemic that’s killing too many people and the problem is getting worse,” said Acting U.S. Attorney James D. Tierney. “Protect our families by properly disposing of your unused, unwanted and expired medicine.”

 

DEA’s National Take Back Initiative addresses a vital public safety and public health issue.  Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs.  Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.

 

Unused medicines in the home are a problem because the majority of the 6.4 million Americans who abused prescription drugs in 2015, including almost 4 million who abused prescription painkillers, say they obtained those drugs from friends and family, including from a home medicine cabinet, according to the National Survey on Drug Use and Health released last month.  Some painkiller abusers move on to heroin:  four out of five new heroin users started with painkillers.  Almost 30,000 people – 78 a day – died from overdosing on these painkillers or heroin in 2014, according to the Centers for Disease Control and Prevention.

 

Members of the public can find a nearby Prescription Drug Take-Back collection site by visiting www.dea.gov, clicking on the “Got Drugs?” icon, and entering their zip code into the search window, or they can call 800-882-9539.  Only pills and other solids, like patches, will be accepted at DEA Drug Take Back collection sites – the public should not bring liquids, needles or other sharp items to take back sites.  This service is free and anonymous, no questions asked. 

 

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.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses.  To date, 80 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 47 of them have been sentenced.

 

The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

Yesterday, Albuquerque, N.M., resident Luis Arreola-Palma, 24, was sentenced in federal court to 48 months in prison followed by three years of supervised release for conspiring to distribute methamphetamine. 

 

Arreola-Palma’s co-defendant Daniel Carmona, 31, was charged by criminal complaint with possession of methamphetamine with intent to distribute on Aug. 3, 2016, in Bernalillo County, N.M., after Carmona allegedly distributed approximately 67 grams of methamphetamine to undercover law enforcement agents.  Thereafter, Arreola-Palma, Carmona and Gaspar Leal, 47, were indicted on Aug. 9, 2016, and charged with conspiring to distribute methamphetamine from July 21, 2016 through July 25, 2016.  In addition, Carmona was charged with distributing methamphetamine on July 25, 2016 and Aug. 3, 2016, and using and carrying a firearm in relation to a drug trafficking crime on Aug. 3, 2016.  According to the indictment, the defendants  committed the offenses in Bernalillo County, N.M. 

 

On July 28, 2017, Arreola-Palma pled guilty to an information charging him with conspiracy, and admitted that from July 21, 2016 through July 25, 2016, he conspired with others to distribute methamphetamine to another person.  Carmona and Lael have entered not guilty pleas to the charges in the indictment.  Both are detained pending trial.

 

Twenty of the defendants charged as the result of the ATF investigation have entered not guilty pleas to the charges against them.  Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.   Two defendants are fugitives and the charges against two defendants have been dismissed.

 

This case was investigated by the Albuquerque office of ATF and was prosecuted by Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado.

ALBUQUERQUE – Rogelio Delgado, 25, a Mexican national illegally residing in Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison for his conviction on methamphetamine trafficking and illegally re-entry charges. Delgado will be deported after completing his prison sentence.

 

Delgado was arrested on Nov. 17, 2016, on a criminal complaint charging him with possession of a firearm by an illegal alien and possession of methamphetamine with intent to distribute on Nov. 16, 2016, in Chaves County, N.M.  According to the complaint, law enforcement officers seized 4.05 pounds of methamphetamine, drug paraphernalia, a handgun and ammunition during the execution of a search warrant at Delgado’s residence.

 

On April 14, 2017, Delgado pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and re-entry of a removed alien.  In entering the guilty plea, Delgado admitted that on Nov. 16, 2016, law enforcement officers found approximately 1.8 kilograms of methamphetamine in his residence while executing a search warrant, and acknowledged that it was his intention to sell the drugs to others.  Delgado also admitted that he was a citizen of Mexico without any legal right to be present in the United States and previously had been removed from the United States on June 13, 2013.

 

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Chaves County Metro Narcotics Task Force.  Assistant U.S. Attorney John Balla prosecuted the case.

 

The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  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 – This afternoon, a federal jury sitting in Las Cruces, N.M., found John Leroy Milne, 56, of Phoenix, Ariz., guilty on marijuana trafficking charges and acquitted his co-defendant following a three-day trial.  Acting U.S. Attorney James D. Tierney, Acting Special Agent in Charge Steve Borak of the El Paso Division of the DEA and Chief Patrol Agent Jeffrey D. Self of the U.S. Border Patrol El Paso Sectorannounced the verdict.

 

The DEA and U.S. Border Patrol arrested Milne on June 23, 2017, on a criminal complaint charging him with possessing 111.58 kilograms (245.99 pounds) of marijuana with intent to distribute.  Milne and his co-defendant, Manuel Pavon-Rodriguez, 36, a Mexican national illegally in the United States, subsequently were indicted on July 19, 2017, and were charged with participating in a marijuana trafficking conspiracy and possession of marijuana with intent to distribute.  According to the indictment, the defendants committed the crimes on June 23, 2017, in Hidalgo County, N.M.

 

The evidence at trial established that U.S. Border Patrol agents encountered Milne in Rodeo, N.M., on June 23, 2017, after Milne stopped his vehicle in front of the agents, got out of the vehicle, and initiated a conversation with the agents.  The agents had been following Milne because Milne’s vehicle did not have a visible license plate.  Agents testified that Milne gave conflicting and confusing accounts about this his travel plans until the agents asked him to show them the paper license plate for his vehicle.  The agents testified that they observed five burlap backpacks and detected the strong scent of marijuana from the back of vehicle as Milne attempted to remove the paper license plate from the back window of his vehicle. 

 

When the agents opened the back of the vehicle to inspect the backpacks, they observed Pavon-Rodriguez, who was wearing camouflage clothing, attempting to hide in the back of the vehicle with the backpacks so he could illegally enter the United States.  The five burlap backpacks contained 12 square bales of marijuana, weighing approximately 246 pounds that were wrapped in duct tape.      

 

The jury deliberated approximately two hours before returning a guilty verdict against Milne and a not guilty verdict against Pavon-Rodriguez.

 

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

 

This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol.  Assistant U.S. Attorneys Alfred J. Perez and Kathleen Robeson of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.

ALBUQUERQUE – Gabriel Sanchez, 29, of Albuquerque, N.M., pled guilty today in federal court to firearms charges under a plea agreement that recommends a seven-year prison sentence.

 

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

 

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

 

During today’s change of plea hearing, Sanchez entered a guilty plea to Count 12 of the superseding indictment, which charged him with using and carrying a firearm during and in relation to a crime of violence.  In entering the guilty plea, Sanchez admitted that on Jan. 30, 2015, he carried and brandished a firearm during the armed robbery of the Title Max Loans located at 3900 San Mateo Blvd. NE in Albuquerque. 

 

Malott previously entered a guilty plea on Aug. 17, 2017, to three counts of the superseding indictment charging him with the armed robbery of a business engaged in interstate commerce, carjacking, and using and brandishing a firearm during a crime of violence.  In entering the guilty plea, Malott admitted robbing a title loan business located in Albuquerque on Dec. 22, 2014.  Malott acknowledged that he was armed when he committed the robbery, and that he pointed the firearm at the business’s three employees and threatening to kill them.  Malott also admitted committing a carjacking on Jan. 19, 2015, by pointing a firearm at an individual at an Albuquerque convenience store and demanding his wallet and keys.  Malott fled from the scene in the victim’s vehicle.  Under the terms of his plea agreement, Malott will be sentenced to  a term of 15 to 20 years of imprisonment to be followed by a term of supervised release to be determined by the court.

 

On Aug. 15, 2017, Lujan pled guilty to a felony information charging him with using and carrying a firearm during a crime of violence, and Lujan admitted that on June 30, 2015, he acted as the getaway driver during the armed robbery of the Loan Max Title Loan in Albuquerque.  Lujan admitted that he discarded a firearm while running from the police after the robbery.  Under the terms of his plea agreement, Lujan will be sentenced to 60 months of imprisonment followed by a term of supervised release to be determined by the court.

 

Malott was arrested in Nov. 2015, and Sanchez and Lujan were arrested in Dec. 2015.  The three men remain detained pending sentencing hearings, which have yet to be scheduled.

 

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

ALBUQUERQUE – Ronald Roy Blaylock, Sr., 34, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to assaulting a federal officer.

 

Blaylock was arrested on June 1, 2017, on a criminal complaint charging him with assaulting a federal officer.  According to the criminal complaint, Blaylock was arrested on tribal charges after he assaulted a law enforcement officer of the Bureau of Indian Affairs (BIA).  Blaylock committed the assault on the Mescalero Apache Indian Reservation in Otero County, N.M., on Jan. 30, 2016, by head-butting the officer while the officer was arresting Blaylock.  The officer sustained a bump and bruise to his head as the result of the assault.

 

Blaylock was subsequently charged by indictment on Oct. 19, 2017, with assaulting a federal officer on Jan. 30, 2016, in Otero County.

 

During yesterday’s proceedings, Blaylock pled guilty to the indictment and admitted that on Jan. 30, 2016, he assaulted a BIA officer by intentionally head-butting the officer.  At sentencing, Blaylock faces a maximum penalty of eight years in federal prison.  A sentencing hearing has yet to be scheduled.

 

This case was investigated by 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.

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI announced today that David Scott Glasrud, the former administrator of Southwest Learning Centers in Albuquerque, N.M., has pleaded guilty to federal theft, fraud and false statement charges arising out of a 15-year scheme to defraud millions of dollars from the group of public charter schools he founded.

 

During this morning’s proceedings, Glasrud, 50, entered a guilty plea to a nine-count felony information charging him with two counts of theft from programs receiving federal funds, three counts of wire fraud, two counts of mail fraud, and two counts of making false statements.   Glasrud entered the guilty plea under an agreement that recommends a term of imprisonment within the range of 48 to 63 months.  Glasrud also will be required to pay restitution in an amount to be determined by the court.

 

According to the felony information, Glasrud established the public charter school Southwest Secondary Learning Center in Albuquerque in Dec. 1999, and later established three other public charter schools in Albuquerque:  Southwest Primary Learning Center, Southwest Intermediate Learning Center, and Southwest Aeronautics, Mathematics & Science Academy.  The four schools collectively are known as the Southwest Learning Center Schools (Charter Schools) and operate with public funds, including federal funds. 

 

Glasrud served as the Head Administrator for, and exercised financial oversight over, the Charter Schools until Aug. 2014.  As the Head Administrator and an employee of the Charter Schools, Glasrud had a duty to use his best efforts on behalf of the Charter Schools in all matters of trust and confidence, and not to act for his own benefit at the expense of the Charter Schools.  In his plea agreement, Glasrud admitted violating this duty of trust repeatedly over the course of 15 years by engaging in an ongoing series of schemes to defraud the Charter Schools for his personal benefit.  Glasrud also acknowledged making false statements to FBI Special Agents who were investigating his criminal conduct.

 

The felony information alleges, and Glasrud has admitted, that from Nov. 2000, Glasrud was doing business in his personal capacity as Southwest Educational Consultants, which he incorporated as Southwest Educational Consultants, Inc. (SEC) in March 2002.  Glasrud served as SEC’s registered agent, director and President, and his personal expenses were paid out of an SEC bank account.  Glasrud used SEC to facilitate his schemes to defraud the Charter Schools.

 

For example, from Nov. 2000 through Aug. 2014, Glasrud devised and executed a scheme to defraud that involved leasing a building at 9904 Montgomery Blvd. NE (Building) in Albuquerque to one of the Charter Schools (Charter School 1) by misrepresenting, concealing and omitting material facts from Charter School 1, and by breaching duties that he owed to Charter School 1.  In Nov. 2000, while doing business as SEC, Glasrud leased the entire Building.  Days later, on Dec. 1, 2000, still acting as SEC, he subleased the Building to Charter School 1 twice the rent that SEC was paying and without disclosing this material information to Charter School 1.  As part of his scheme, by 2007, Glasrud had arranged for SEC to sublease a majority of the square footage of the Building to a tenant, with whom Glasrud had a close familial relationship.

 

Glasrud admitted that as part of his fraudulent scheme, Charter School 1 paid more than double the rent that SEC paid to lease the entire Building, but occupied less than half the Building.  Glasrud also admitted causing Charter School 1 to pay SEC approximately four to five times as much as the other tenant for use of less than half of the Building it was sharing.  When the New Mexico Public Education Department (PED) raised concerns about Charter School 1’s sublease, Glasrud caused a school representative to misrepresent to PED and the school board the amount of profit that SEC was realizing off the sublease.  In his plea agreement, Glasrud admitted that SEC, his personally owned business, made more than $700,000 in profits as the result of this scheme.

 

During today’s proceedings, Glasrud also acknowledged devising and executing a series of other schemes to defraud the Charter Schools.  In pleading guilty to one of the three wire fraud charges, Glasrud admitted that in Feb. 2004, he and SEC created a bogus business called Media Learning Solutions (MLS) with an “office” address at a mail drop in Las Vegas, NV.  Thereafter, Glasrud caused the Charter Schools to pay capital outlay money to MLS based on fraudulent proposals and invoices.  Most of the money MLS received from the Charter Schools was not spent on the items for which it was intended or for the benefit of the Charter Schools, and instead was used for Glasrud’s personal benefit.  For example, in 2009 and 2010, the Charter Schools paid MLS approximately $265,000, which Glasrud expended as follows:  $199,000 to pay down his personal line of credit; $50,000 transferred into his personal bank account; $12,000 for personal items; and $4,000 spent at a casino in Las Vegas, NV.

 

Another of Glasrud’s fraudulent schemes began in Dec. 2002 and continued until Aug. 2014, and involved Charter School 1’s Extended Learning Program (ELP).  The ELP offered students the opportunity to earn school credits using online, computer-based courses.  Students paid to receive official school credit from Charter School 1, and Glasrud diverted almost all of the payments into an SEC bank account he controlled.  Glasrud admitted that from 2007 to 2014, more than $1,000,000 in payments for the ELP that should have gone to Charter School 1 was deposited into a bank account for SEC, Glasrud’s personal business.

 

These three schemes are examples of the fraudulent schemes that Glasrud perpetuated over the 15-year period during which he served as the Head Administrator of the Charter Schools and by which he betrayed the trust and confidence placed in him.  Glasrud admitted devising and executing each of these three schemes as well as the other schemes described in the felony information and the plea agreement when he entered his guilty plea this morning.    

 

Glasrud was released pending sentencing under pretrial supervision and other conditions of release.  A sentencing date has not yet been scheduled.

 

The case was investigated by the Albuquerque Division of the FBI with the assistance of the U.S. Department of Education, Office of Inspector General.  Assistant U.S. Attorneys Fred J. Federici and Holland S. Kastrin are prosecuting the case.

 

Glasrud Information     Glasrud Plea Agreement

ALBUQUERQUE – A U.S. Magistrate Judge sitting in Las Cruces, N.M., today found probable cause to support a criminal complaint charging Juan Martin Rosales, 48, of Chaparral, N.M., with sexual exploitation of children and receipt and possession of child pornography.  During today’s proceedings, Rosales was ordered detained pending trial. 

 

The criminal complaint alleges 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 went to the Dona Ana County Sheriff’s Office to report that Rosales allegedly possessed a tablet computer containing child pornography.  The complaint further alleges 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 allegedly recovered numerous SD cards, cellular phones, a tablet computer and other electronic devices from Rosales’ home, which allegedly contain child pornography.  Rosales was arrested that day on related state charges.
 

If convicted of the child sexual exploitation charge, Rosales faces a statutory mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison.  If convicted of receiving child pornography, Rosales faces a statutory mandatory minimum penalty of five years and a maximum of 20 years in federal prison.  If convicted of possessing child pornography, Rosales faces a statutory maximum penalty of 20 years in federal prison.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

This case was investigated by the 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.

ALBUQUERQUE – Daniel Alan Aran, 30, of Las Cruces, N.M., was sentenced today in federal court to 78 months in prison followed by three years of supervised release for his conviction on a cocaine trafficking charge.

 

Aran was arrested in June 2016, on a criminal complaint charging him possession of cocaine with intent to distribute on Jan. 28, 2016, in Dona Ana County, N.M.  According to the complaint, law enforcement officers seized 36.5 grams of cocaine, marijuana and drug paraphernalia from Aran, his vehicle and his residence during the execution of a search warrant.  According to the complaint, Aran was on probation at the time.

 

Aran subsequently was indicted on Nov. 9, 2016, and was charged with possession of cocaine with intent to distribute.  On Feb. 1, 2017, Aran pled guilty to the indictment and admitted that on Jan. 28, 2016, law enforcement officers observed Aran throw a bag of cocaine out of his vehicle and later located a small bag of cocaine in his pants pocket and 36 grams of cocaine, drug paraphernalia and marijuana inside his apartment.  Aran further admitted that he intended to distribute the cocaine to other individuals.

 

This case was investigated by the Las Cruces office of the FBI and was prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – James S. Sedillo, 40, of Las Cruces, N.M., was sentenced today in federal court to 63 months in prison for violating the federal firearms laws by unlawfully possessing a firearm and ammunition.  Sedillo will be on supervised release for three years after completing his prison sentence.

 

Sedillo was arrested in Aug. 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on Oct. 24, 2015, in Dona Ana County, N.M.  According to the indictment, Sedillo was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a firearm or destructive device by a felon and possession of a controlled substance.

 

On March 3, 2017, Sedillo pled guilty to the indictment and admitted that on Oct. 24, 2015, he possessed a firearm and two rounds of ammunition despite being prohibited from possessing firearms and ammunition due to his status as a convicted felon. 

 

This case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department.  Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Daniel Jojola, 34, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by three years of supervised release for violating the federal firearms laws.

 

Jojola was arrested on June 19, 2017, on a criminal complaint charging him with being a felon in possession of a firearm and possession of heroin and methamphetamine with intent to distribute on March 30, 2017, in Chaves County, N.M.  According to the complaint, Chaves County Metro Narcotics Task Force (CCMNTF) agents seized approximately 55.2 grams of heroin, 7.0 grams of methamphetamine, a firearm, ammunition and drug paraphernalia from Jojola’s hotel room during the execution of a search warrant.  According to court documents, Jojola was prohibited from possessing firearms or ammunition because he previously had been convicted of unlawful taking of a motor vehicle, conspiracy, burglary, contributing to delinquency of a minor, cocaine trafficking and possession of a controlled substance.

 

On Aug. 9, 2017, Jojola pled guilty to a felony information charging him with being a felon in possession of a firearm. In entering the guilty plea, Jojola admitted that on March 30, 2017, law enforcement agents executed a search warrant on the hotel room he was occupying  and observed Jojola lying on a bed on top of a handgun.  Jojola further admitted that he was prohibited from possessing a firearm or ammunition because of his prior felony convictions.

 

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the CCMNTF.  Special Assistant U.S. Attorney Clara Cobos prosecuted the case.

 

The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  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 – Yi Lee, 44, a naturalized U.S. citizen residing in Albuquerque, N.M., pled guilty today in federal court in Las Cruces, N.M., to a felony charge arising out of a scheme to obtain immigration status for foreign nationals through fraudulent marriages.

 

On April 19, 2017, Lee and his five 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, and Santiago Aveles, 31, of Las Cruces – were indicted and charged 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.

 

The indictment alleged that from June 2016 through March 2017, the six defendants conspired to obtain immigration status for foreign nationals by committing marriage fraud.  The scheme involved having U.S. citizens enter into fraudulent marriages with foreign nationals in return for financial gain.  Lee allegedly 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.  According to the indictment, Lee allegedly attempted to arrange fraudulent marriages between certain of his co-defendants and undercover law enforcement agents. 

 

During today’s proceedings, 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 further 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 also 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 paid approximately $25,000, 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.  Zheng pled guilty and was sentenced on Aug. 28, 2017.  Charges against Deng were dismissed on July 25, 2017. 

 

At sentencing, Lee and Aveles each face a maximum penalty of five years in federal prison and a fine of up to $250,000.  Sentencing hearings have yet to be scheduled.

 

Chang has entered a plea of not guilty to the indictment.  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 – U.S. District Judge William P. “Chip” Johnson of the District of New Mexico sentenced Tom Begaye, Jr., 29, to a term of life imprisonment without the possibility of release for his conviction on murder, aggravated sexual abuse and kidnapping charges arising out of the abduction, rape and murder of an 11-year-old Navajo child on May 2, 2016.

 

President Russell Begaye of the Navajo Nation, Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, and Director Jesse Delmar of the Navajo Nation Division of Public Safety made the announcement.

“The Nation has mourned the loss of our daughter Ashlynne Mike ever since learning of her horrific death. The sheer brutality of the crimes committed against this child were so deplorable that it was difficult to fathom justice in this matter,” said Navajo Nation President Russell Begaye.  “Tom Begaye Jr., received life in prison today for kidnapping, raping, strangling and ultimately killing Ashlynne Mike. In hearing the details of these tragic crimes, we feel just as Ashlynne’s family and her home community feel:  can justice truly be served in this case?  No child deserves to die in this way and the Navajo Nation will continue to work to strengthen protections for all our children and tribal members.”

“Today’s hearing brings to a close the criminal case against Tom Begaye, Jr., and the sentence of life imprisonment holds him fully accountable for kidnapping, sexually assaulting and murdering Ashlynne Mike and for the trauma he inflicted on her brother.  Although the prosecution is over, the pain and loss experienced by Ashlynne’s family and community will continue well into the future,” said Acting U.S. Attorney James D. Tierney.  “I commend the FBI and the Navajo Nation Department of Public Safety for their extraordinary and tireless efforts during the investigation of Begaye’s heinous crimes.  I also thank all the law enforcement partners who came together with the common goal of finding Begaye and bringing him to justice.”

 

“The man responsible for one of the worst tragedies to hit the Navajo Nation is going to prison for a long time,” said Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI.  “The FBI and its tribal and other partners worked together to bring Ashlynne's killer to justice.  Many people who never met Ashlynne joined to share their grief with her family, and we hope today's sentencing gives them some measure of solace.”

 

“This case was very unfortunate because of the age of the victim.  The Navajo people cherish our little young ones, and so this case was so extreme and so shocking to us all.  It was especially hard for the law enforcement personnel who had to deal with this case directly,” said Director Jesse Delmar of the Navajo Nation Division of Public Safety.  “I thank the Navajo Nation law enforcement personnel, the FBI, the San Juan County Sheriff’s Office, and the U.S. Attorney’s Office for their work on this case and for bringing Justice to the victim and her family today.  Today has been an emotional day for all of us as we continue to grieve the loss of our little one, our Ashlynn Mike.”

    

The FBI and Navajo Nation Division of Public Safety arrested Begaye, an enrolled member of the Navajo Nation from Waterflow, N.M., on May 4, 2016, on a criminal complaint charging Begaye with kidnapping, sexually abusing and murdering an 11-year-old Navajo child on May 2, 2016, on the Navajo Indian Reservation in San Juan County, N.M.  On May 24, 2016, a federal grand jury returned an indictment charging Begaye with six offenses:  first-degree murder, felony murder, kidnapping resulting in death, aggravated sexual abuse resulting in death (two counts), and kidnapping of a minor.  According to the indictment, Begaye killed a female child under the age of 12 years by striking her with a tire iron, and caused her death while kidnapping and sexually assaulting her.  The indictment also charged Begaye with kidnapping a second victim, a male child under the age of 18 years.

 

Begaye pled guilty on Aug. 1, 2017, to all six-counts of the indictment.  In his plea agreement, Begaye admitted kidnapping the 11-year-old victim and her nine-year-old brother on May 2, 2016, by tricking the children into getting into his van by offering to drive them to their home.  Instead, Begaye drove them to a location near the Shiprock Monument where he led the victim away from the van to an area beyond her brother’s field of view.  Begaye sexually assaulted the victim before killing her by strangling her and repeatedly hitting her on the head and face with a tire iron.  Begaye then returned to his van, directed the victim’s brother to get out of the van, and drove away, leaving the child behind. 

 

The FBI and Navajo Nation Division of Public Safety investigated the case with assistance from the FBI Child Abduction Rapid Deployment Team, U.S. Marshals Service, New Mexico State Police, San Juan County Sheriff’s Office and the Farmington Police Department.  Assistant U.S. Attorneys Niki Tapia-Brito and Jennifer M. Rozzoni prosecuted the case.

 

The U.S. Attorney’s Office prosecuted Begaye under its anti-violence initiative, which targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Joseph Cordova, 31, of Chamisal, N.M., was sentenced today in federal court in Albuquerque, N.M., to a 48-month prison term followed by three years of supervised release for his conviction on an Oxycodone trafficking charge.  The sentence was announced by Acting U.S. Attorney James D. Tierney, Acting Special Agent in Charge Steve Borak of the El Paso Division of the DEA, and New Mexico State Police Chief Pete N. Kassetas. 

 

Cordova appeared in court on Sept. 30, 2016, on an indictment charging him with possessing Oxycodone, heroin, cocaine and methadone with intent to distribute.  The indictment alleged that Cordova committed the crimes on June 5, 2016, in Taos County, N.M.

 

On June 5, 2017, Cordova pled guilty to Count 1 of the indictment charging him with possessing Oxycodone with intent to distribute.  In entering the guilty plea, Cordova admitted that on June 5, 2016, officers of the New Mexico State Police found more than 1,000 Oxycodone pills while searching Cordova’s vehicle.  Cordova admitted that he intended to distribute the pills to others. 

 

This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police.  Assistant U.S. Attorney Peter J. Eicker 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 – Cody Martinez, 31, of Raton, N.M., was sentenced today in federal court in Santa Fe, N.M., to 92 months in prison followed by three years of supervised release for assaulting a federal employee.  The sentence was announced by Acting U.S. Attorney James D. Tierney, 8th Judicial District Attorney Donald Gallegos, and Inspector in Charge Keith Fixel of the Phoenix Division of the U.S. Postal Inspection Service.

 

Martinez was arrested on Jan. 29, 2016, on a federal criminal complaint for assaulting a U.S. Postal Service (USPS) letter carrier.  According to the criminal complaint, Martinez struck the victim in the back of the head with a brick while the victim was delivering mail in Colfax County, N.M., on Jan. 20, 2016.  Martinez was apprehended shortly thereafter while attempting to flee from law enforcement officers.  The victim sustained serious injuries as a result of the assault.

 

Martinez was indicted on Feb. 24, 2016, and was charged with assaulting a federal employee resulting in bodily injury.  On Nov. 4, 2016, Martinez pled guilty to the indictment and admitted that on Jan. 20, 2016, he assaulted a federal employee, a mail carrier, by striking him in the head with a dangerous weapon, a brick, causing bodily injury. 

 

Martinez was arrested on Jan. 20, 2016 on local charges filed by the 8th Judicial District Attorney’s Office.  Those charges were dismissed in favor of federal prosecution.

 

This case was investigated by the U.S. Postal Inspection Service and the Raton Police Department, with assistance from the 8th Judicial District Attorney’s Office.  Assistant U.S. Attorney Presiliano Torrez prosecuted the case.

ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses.  To date, 80 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 45 of them have been sentenced.

 

The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

Today, Albuquerque, N.M., resident Matthew Sandoval, 38, was sentenced to 60 months in prison followed by three years of supervised release for his conviction on a heroin trafficking charge.

 

Sandoval and co-defendant Keith Thompson, 48, were arrested in July 2016, and were charged in a two-count indictment with distributing heroin on May 9, 2016, and distributing methamphetamine on May 19, 2016.  Sandoval entered a guilty plea on June 30, 2017, and Thompson entered a guilty plea on June 29, 2017.  In entering their guilty pleas, Sandoval and Thompson both admitted that on May 9, 2016, they sold heroin to another individual.  Thompson is currently scheduled to be sentenced on Oct. 31, 2017.

 

Twenty of the defendants charged as the result of the ATF investigation have entered not guilty pleas to the charges against them.  Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.   Two defendants are fugitives and the charges against two defendants have been dismissed.

 

This case against Sandoval was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.

ALBUQUERQUE – Nael Ali, 53, of Albuquerque, N.M., pled guilty today in federal court to violating the Indian Arts and Crafts Act (IACA) by selling counterfeit Native American-style jewelry out of two retail jewelry stores located in Albuquerque’s Old Town.  Ali entered a guilty plea to two felony charges under a plea agreement that recommends up to 18 months of imprisonment followed by a term of supervised release to be determined by the court.

 

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. 

 

“Today’s guilty plea is a victory for Native Americans and the protection of their cultural heritage.  Southwest Native American jewelry is world renowned for its craftsmanship and beauty.  Those who pay top dollar to own these treasures should be able to trust their authenticity and know their money supports real Native Americans and their tribes,” said Acting U.S. Attorney James D. Tierney.  “Convictions of profiteers like the defendant in this case restore trust in that marketplace and prevent the exploitation of Native Americans.”

“As Chairman of the Indian Arts and Crafts Board, U.S. Department of the Interior, I want to again convey the Board’s deep appreciation for the outstanding leadership and contributions provided by the U.S Attorney’s Office for the District of New Mexico and the U.S. Fish and Wildlife Service, along with the other agency partners who participated in bringing this landmark enforcement action under the Indian Arts and Crafts Act,” said Chairman Harvey Pratt of the Indian Arts and Crafts Board.  “When Indian artists are undercut by the sale of fake Indian art, the integrity of authentic Indian art and artists suffer.  Eliminating the flow of counterfeit Native American art and craftwork provides a level playing field for the highly talented, dedicated, and hard-working producers of genuine Native American art. “

 

“This case brought much needed attention to the issue of counterfeit Native American arts and crafts,” said Nicholas E. Chavez, Special Agent in Charge for the United States Fish and Wildlife Service, Office of Law Enforcement for the Southwest Region. “The U.S. Fish and Wildlife Service will continue to work closely with our tribal, federal, and state partners to investigate and prosecute individuals who would threaten the livelihoods of Native American artisans through forgery and fraud.”

 

“The beautiful and unique jewelry made by Native Americans is one of our country's most precious cultural resources,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division.  “The FBI is committed to investigating any attempt to cheat these artists out of the fruits of their labor, as well as the collectors who admire their work.”

 

Ali and co-defendant Mohammad Manasra, 57, also of Albuquerque, were charged in Oct. 2015, in a four-count indictment with conspiracy to violate the IACA and three substantive violations of the Act.  A ten-count superseding indictment was filed in March 2016, charging Ali and Manasra with conspiracy and substantive violations of the IACA, mail fraud and four counts of wire fraud.  According to the superseding indictment, Ali owned two jewelry stores, Gallery 8 and Galleria Azul, in Albuquerque’s Old Town specializing in Native American jewelry, and Manasra was a wholesaler of Native American jewelry.  The superseding indictment alleged that Ali and Manasra violated the IACA by conspiring to import and fraudulently sell Filipino-made jewelry as Native American-made.

 

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

 

During today’s change of plea hearing, Ali pled guilty to a two-count felony information charging him with violating the IACA.  In his plea agreement, Ali admitted operating Gallery 8, a store in Old Town Albuquerque, where he sold Native American-style jewelry made by laborers in the Philippines.  Ali admitted mixing Filipino-made jewelry with Native American-made jewelry without labeling the Filipino-made jewelry with the country of origin.  Ali also admitted intentionally stocking the Filipino-made jewelry in a manner that falsely suggested that it was Native-American made; providing lists for the employees to reference symbols and initials to falsely suggest the jewelry was Native American-made; and training employees to tell customers the jewelry was Native American-made.  Ali also admitted that on Feb. 26, 2014, an employee acting at Ali’s direction sold ten rings, which he represented as Navajo-made but were actually Filipino-made, to an undercover law enforcement agent for $1,115. 

 

According to the plea agreement, from Oct. 8 2015 through Oct. 28, 2015, Ali operated two stores in Albuquerque’s Old Town – Gallery 8 and Galleria Azul – where Ali personally displayed and offered Filipino-made Native American-style jewelry for sale as Native American-made.  Ali admitted that he personally represented to another undercover agent that all of his Native American-style jewelry had been made by Native Americans and members of tribes, including the Navajo Nation and Zuni Pueblo.  Ali acknowledged that the total value of Filipino jewelry offered and displayed for sale in his stores as Native American-made far exceeded $1,000 in retail and wholesale price. 

 

On Oct. 5, 2016, Manasra entered a guilty plea to a misdemeanor information charging him with violating IACA.  In entering the guilty plea, Manasra admitted that on Oct. 19, 2014, he fraudulently sold a Kokopelli pendant and earing set, two rings, a bracelet and an orange cluster pendant to an undercover law enforcement agent.  Manasra further admitted that he knew the jewelry was made in the Philippines even though he intentionally told the undercover agent that the Kokopelli set was “Zuni” and the rings, bracelet and cluster set were “Navajo.”  Manasra admitted that Filipino-made jewelry had been displayed, offered and sold falsely to suggest that it had been made by members of federally recognized Indian Tribes.  At sentencing, Manasra faces a maximum penalty of one year in prison or a maximum of five years of probation. 

 

Sentencing hearings for Ali and Manasra have yet to be scheduled.

 

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

ALBUQUERQUE – Joseph Torrez, 31, of Las Cruces, N.M., pled guilty yesterday afternoon in federal court to violating federal firearms laws by unlawfully possessing a firearm and ammunition while being subject to a protective order.  Torrez’s plea agreement recommends a sentence within the range of 15 to 18 months in prison followed by a term of supervised release to be determined by the court. 

 

Torrez was arrested on June 1, 2017, on a criminal complaint charging him with violating the federal firearms laws on Feb. 7, 2017, in Dona Ana County, N.M.  According to the criminal complaint, on Feb. 11, 2017, a fugitive investigator of the New Mexico Division of Adult Probation and Parole (NMDAPP) observed Torrez carry a gun case containing a rifle into a gun shop in Las Cruces.  Based on that information, an officer of the NMDAPP obtained a state arrest warrant for Torrez, who was prohibited from possessing firearms as a condition of the probationary term he was serving as the result of a misdemeanor conviction for aggravated assault.  On Feb. 13, 2017, Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) assisted the NMDAPP in arresting Torrez and executing a probationary inspection at Torrez’s residence.  During the search, the agents and officers seized a shotgun and boxes of ammunition. 

 

During yesterday’s proceedings, Torrez pled guilty to a felony information charging him with possession of a firearm while under a court order of protection.  In entering the guilty plea, Torrez admitted that on Feb. 7, 2017, he possessed an AR-15 rifle and numerous rounds of ammunition.  Torrez further admitted that on Feb. 7, 2017, he was subject to a protective order placed against him on June 8, 2012 that expires on June 8, 2026, and prohibits Torrez from possessing firearms or ammunition.  A sentencing hearing has yet to be scheduled.

 

The case against Torrez was investigated by the Las Cruces office of ATF and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Quentin DeLoris, 23, an enrolled member of the Laguna Pueblo who resides in Mesita Laguna, N.M., pled guilty today in federal court in Albuquerque, N.M., to a statutory rape charge.  Under the terms of his plea agreement, DeLoris will be sentenced to 15 months in federal prison followed by a term of supervised release to be determined by the court.  DeLoris will also be required to register as a sex offender.

 

During today’s proceedings, DeLoris pled guilty to a felony information charging him with committing statutory rape on Dec. 25, 2016, on the Pueblo of Laguna in Cibola County, N.M.  In entering the guilty plea, DeLoris admitted that on Dec. 25, 2016, he engaged in a sexual act with the victim who was between the age of 12 and 16 years.  DeLoris’s sentencing hearing has yet to be scheduled.

 

This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services.  Special Assistant U.S. Attorney Lucy B. Solimon is prosecuting 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 – Juan Larry Lujan, 63, a member and resident of Isleta Pueblo, N.M., was sentenced today in federal court in Santa Fe, N.M., to 84 months in prison for his conviction on an abusive sexual contact charge.  Lujan will be on supervised release for five years after completing his prison sentence and also will be required to register as a sex offender.

 

Lujan was arrested in Feb. 2016, on an indictment charging with sexually abusing a child under the age of 12 on the Pueblo of Isleta in Valencia County, N.M.

 

On Nov. 16, 2016, Lujan pled guilty to a felony information charging him with abusive sexual contact.  In entering the guilty plea, Lujan admitted sexually abusing a child under the age of 12 between Nov. 2011 and Nov. 2013. 

 

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

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Kent Waller of the Carlsbad Police Department (CPD) announced that Richard Fierro, 43, of Carlsbad, N.M., pleaded guilty yesterday afternoon in federal court in Las Cruces, N.M., to kidnapping and firearms charges.  Fierro’s plea agreement recommends a sentence of 15 years in prison followed by a term of supervised release to be determined by the court.

 

Fierro is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

Fierro was arrested in Nov. 2016, on a criminal complaint charging him violating the federal firearms laws on Oct. 28, 2016, in Eddy County, N.M.  According to the complaint, Fierro forced two children into his vehicle at gunpoint, crashed the vehicle, and attempted to flee the scene before being arrested by CPD officers.  Officers found a firearm, ammunition, and marijuana in Fierro’s vehicle during a search incident to arrest.  During a subsequent search of Fierro’s residence pursuant to a search warrant, officers seized ammunition, suspected quantities of cocaine and heroin, and drug paraphernalia.

 

Fierro was indicted on Feb. 15, 2017, and was charged with kidnapping two victims and with being a felon in possession of a firearm and ammunition on Oct. 28, 2016, in Eddy County.  According to the indictment, Fierro was prohibited from possessing firearms or ammunition because he previously had been convicted on cocaine trafficking, aggravated battery, possession of a firearm by a felon, and possession of cocaine base with intent to distribute.

 

During yesterday’s proceedings, Fierro pled guilty to the indictment.  In entering the guilty plea, Fierro admitted that on Oct. 28, 2016, he forced the two juvenile victims into his vehicle based on his mistaken belief that he needed to kidnap them to protect his daughter from harm.  Fierro further admitted kidnapping the two victims he drove around Carlsbad until he crashed into another vehicle and fled the scene.  Fierro acknowledged possessing a firearm and ammunition during the kidnapping although he was prohibited from possessing firearms and ammunition due to his status as a convicted felon.  Fierro remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Carlsbad Police Department.  Assistant U.S. Attorney Mark A. Saltman 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/.

ALBUQUERQUE – Moises Eufelio Martinez, Jr., 43, of Grants, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 108 months in prison for his conviction on a methamphetamine trafficking charge.  Martinez will be on supervised release for four years after completing his prison sentence.

 

Martinez was arrested in Jan. 2017, on a criminal complaint charging him with possessing methamphetamine with intent to distribute and possessing firearms in furtherance of a drug trafficking crime.  The complaint alleged that Martinez committed the crimes on Dec. 19, 2016, in Lea County, N.M.  According to the complaint, officers of the Lea County Drug Task Force seized approximately 901.5 gross grams of methamphetamine, drug paraphernalia, firearms and ammunition from Martinez and his hotel room during the execution while executing search warrants.

 

On June 22, 2017, Martinez pled guilty to a felony information charging him with possessing methamphetamine with intent to distribute.  In entering the guilty plea, Martinez admitted that on Dec. 19, 2016, he possessed two bags containing methamphetamine and a loaded handgun when he was searched by Lea County Drug Task Force officers.  Martinez acknowledged that he intended to distribute the methamphetamine to others and that he was carrying the firearm to protect himself, the methamphetamine, and any money he received from selling the methamphetamine.

 

This case was investigated by the Las Cruces office of the DEA and the Lea County Drug Task Force.  Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

 

The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the New Mexico HIDTA Region VI Drug Task Force.  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 – Peter Fitzpatrick, 42, of Wheat Ridge, Colo., was arraigned this morning in federal court in Albuquerque, N.M., on an indictment charging him with three counts of stalking.  During his arraignment hearing, Fitzpatrick entered a not guilty plea to the indictment, and was released pending trial under pretrial supervision and other conditions of release.

 

Fitzpatrick was arrested on Oct. 4, 2017, in Denver, Colo., and was transported to New Mexico by the U.S. Marshals Service to face the charges in the three-count indictment, which was filed by a federal grand jury on Sept. 21, 2017.  According to the indictment, between Feb. 1, 2016 and Sept. 1, 2017, Fitzpatrick used interstate communication devises, including a telephone, to engage in a course of conduct against the three victims that placed the victims in reasonable fear of death and serious bodily injury.

 

If convicted of the crimes charged in the indictment, Fitzpatrick faces a maximum penalty of five years in federal prison.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

 

This case was investigated by the Office of Law Enforcement for the Southwest Region of the U.S. Fish and Wildlife Service and the U.S. Postal Inspection Service.  Assistant U.S. Attorney Letitia C. Simms is prosecuting the case.

ALBUQUERQUE – Abraham Martinez, 35, of Albuquerque, N.M., made his initial appearance this morning in federal court on a criminal complaint charging him with violating the Hobbs Act and prescription drug trafficking.  The charges against Martinez arise out of the alleged armed robbery of an Albuquerque-area pharmacy on Oct. 13, 2017.  Martinez remains in custody pending a preliminary hearing and a detention hearing both of which are scheduled for Oct. 17, 2017.

 

The criminal complaint charges Martinez with violating the Hobbs Act by robbing a business engaged in interstate commerce and possession of Xanax with intent to distribute. According to the criminal complaint, Martinez allegedly committed the offenses by robbing the Walgreens pharmacy located at 2625 San Pedro Dr. NE in Albuquerque, by threatening the pharmacist with a knife and demanding Xanax. 

 

If convicted of the charges in the criminal complaint, Martinez faces a statutory maximum penalty of 20 years in federal prison for violating the Hobbs Act and a statutory maximum penalty of 10 years in federal prison for possession of prescription drug with intent to distribute.  Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

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

 

Assistant U.S. Attorney Joel R. Meyers 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 – Juan Manuel Almanza-Martinez, 58, a Mexican national illegally residing in the United States, pled guilty yesterday in federal court in Las Cruces, N.M., to making false statements on a passport application and aggravated identity theft charges.

 

Almanza-Martinez was arrested on July 19, 2017, on a criminal complaint charging him with making a false statement in an application for a passport in Dona Ana County, N.M.  An investigation into Almanza-Martinez was initiated in Feb. 2017, by the Las Cruces office of Homeland Security Investigations (HSI) after agents received information that Almanza-Martinez was illegally residing in Anthony, N.M.  According to the complaint, the Social Security Administration (SSA) interviewed Almanza-Martinez in 2015, after he applied for Social Security benefits in El Paso, Tex., after learning that the Social Security number Almanza-Martinez provided had been reported stolen from the victim approximately 30 years earlier.  The complaint further alleged that Almanza-Martinez fraudulently used the victim’s Social Security number to apply for replacement Social Security cards in Jan. 2008 and Sept. 2008; for a passport in Nov. 1999, March 2009, and Dec. 2009; and for unemployment benefits in July 2015. 

 

Court filings reflect that Almanza-Martinez was previously deported from the United States in 1982, following a felony conviction for second-degree burglary in Colorado. They further reflect that in 1990, Almanza-Martinez admitted lying to the U.S. Immigration and Naturalization Service (USINS) in 1982, about his name and being a Mexican national, and provided the USINS with a false birth certificate from the State of California.  Due to a lack of available information, the USINS was unable to verify Almanza-Martinez’s citizenship and no further action was taken against Almanza-Martinez at that time.  On March 3, 2017, a certified copy of Almanza-Martinez’s Mexican birth certificate was provided to HSI confirming that Almanza-Martinez was born in Chihuahua, Mexico in 1959.

 

During yesterday’s proceedings, Almanza-Martinez pled guilty to a felony information charging him with making a false statement in an application for a passport on Dec. 10, 2009, and aggravated identity theft on July 18, 2017.  According to the information, Almanza-Martinez committed the offenses in Dona Ana County.  The guilty plea was entered without the benefit of a plea agreement. 

 

At sentencing, Almanza-Martinez faces a maximum penalty of five years in federal prison on the false statement on an application for a passport charge.  He also faces a mandatory minimum penalty of two years in federal prison on the aggravated identify theft charge which must be served consecutive to any other sentence imposed.  A sentencing hearing has yet to be scheduled. 

 

This case was investigated by the Diplomatic Security Service of the U.S. Department of State, Las Cruces office of HSI and the SSA Office of Inspector General.  Assistant U.S. Attorneys John Balla and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case. 

ALBUQUERQUE – Anthony Phillips, 27, an enrolled member and resident of Acoma Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to an assault charge.  Under the terms of his plea agreement, Phillips will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court.

 

Phillips was arrested on March 30, 2017, on an indictment charging him with assault resulting in serious bodily injury on Jun 19, 2016, on the Acoma Indian Reservation in Cibola County, N.M.

 

During today’s proceedings, Phillips pled guilty to the indictment and admitted that on June 19, 2016, on the Acoma Indian Reservation, he assaulted a Laguna Pueblo woman by wrapping his arms around her, kicking her legs out from under her, and taking her to the ground and handcuffing her.  Phillips further admitted that the victim suffered an avulsion facture to her knee and a torn ACL as the result of the assault.  A sentencing hearing has yet to be scheduled. 

 

This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services.  Assistant U.S. Attorney Elisa C. Dimas is prosecuting 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 – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses.  To date, 80 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 44 of them have been sentenced.

 

The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

This week, Jeneill Ayala, 25, of Albuquerque, entered a guilty plea in federal court to a methamphetamine trafficking charge, becoming the 80th defendant to enter a guilty plea.

 

Ayala and her co-defendant, David Torrez, 32, were charged by indictment on July 28, 2016, with conspiracy and distributing methamphetamine on June 21, 2016, in Bernalillo County.  Ayala pled guilty on Oct. 10, 2017, to both charges of the indictment without the benefit of a plea agreement.  Torrez previously pled guilty on Sept. 26, 2017, to Count 2 of the indictment and admitted selling two ounces of methamphetamine to an undercover law enforcement agent on June 21, 2016. 

 

At sentencing, Ayala and Torrez each face a statutory penalty of not less than five years and not more than 40 years in federal prison.  Their sentencing hearings have yet to be scheduled. 

 

Twenty of the defendants charged as the result of the ATF investigation have entered not guilty pleas to the charges against them.  Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.   Two defendants are fugitives and the charges against two defendants have been dismissed.

 

This case against Ayala and Torrez was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Eva M. Fontanez.

ALBUQUERQUE – Mark Silva, 48, of Sundance, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to a sexual abuse charge.  Under the terms of his plea agreement, Silva will be sentenced to 60 months of imprisonment followed by a term of supervised release to be determined by the court.  Silva will also be required to register as a sex offender.

 

Silva was arrested on April 4, 2017, on an indictment charging him with sexual abuse on May 1, 2016, on the Navajo Indian Reservation in McKinley County, N.M.

 

During today’s proceedings, Silva pled guilty to the indictment and admitted that on May 1, 2016, he sexually abused a Navajo woman.  Silva further admitted that he engaged in the sexual act while knowing that the victim was incapable of declining participation in or communicating unwillingness to engage in the sexual act.  Silva remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Gallup office of the FBI.  The case 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 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 – Abner Joe, 55, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 33 months in prison for assaulting a federal officer.  Joe will be on supervised release for three years after completing his prison sentence.

 

The FBI and Navajo Nation Division of Public Safety (NNDPS) arrested Joe on Aug. 10, 2016, on a criminal complaint charging him with assaulting a federal officer.  According to the complaint, Joe assaulted a NNDPS officer on Aug. 4, 2016, by spitting on her and threatening her with a hammer and a wooden board.  At the time, the officer was commissioned as a Special Federal Officer by the BIA’s Office of Justice Services.

 

Joe was indicted on Aug. 23, 2016, and was charged with assaulting a federal officer with a dangerous weapon and assault involving physical contact.  The indictment alleged that Joe committed the crimes on Aug. 4, 2016, on the Navajo Indian Reservation in San Juan County, N.M.

 

On July 12, 2017, Joe pled guilty to assaulting a federal officer.  In entering the guilty plea, Joe admitted that on Aug. 4, 2016, he threatened two uniformed tribal officers as he approached them while holding a raised 2” x 4” board.  He also admitted throwing a hammer at a federally commissioned tribal officer. 

 

This case was investigated by the Farmington office of the FBI and the Shiprock office of NNDPS.  Assistant U.S. Attorney Michael Murphy prosecuted the case.

Initiative

 

ALBUQUERQUE – Eric Matthew Reddick, 22, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with violating the Hobbs Act and federal firearms laws.  The charges against Reddick arise out of the alleged armed robbery of a convenience store on Oct. 6, 2017, during which Reddick allegedly shot and injured two individuals.  Reddick remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for Oct. 13, 2017.

 

Reddick is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

The FBI arrested Reddick early this morning on a criminal complaint charging him with violating the Hobbs Act by robbing a business engaged in interstate commerce and with discharging a firearm during a crime of violence on Oct. 6, 2017, in Bernalillo County, N.M.  According to the criminal complaint, on Oct. 6, 2017, Reddick allegedly entered an Albuquerque-area convenience store and placed a pack of gum and a dollar bill on the counter.  When the store clerk opened the cash drawer, Reddick allegedly pointed a firearm at the store clerk, and demanded and obtained cash from the store clerk.  As he left the convenience store, Reddick allegedly fired several rounds of ammunition at the store clerk and a witness who was taking photographs of him with a cellular telephone, hitting and injuring both of them.

 

Later that day, officers of the Albuquerque Police Department (APD) arrested Reddick, who was in the vehicle in which he allegedly used to flee from the convenience store, on related state charges, which have been dismissed in favor of federal prosecution.  In the vehicle, the officers allegedly observed a firearm during an inventory search. 

 

If convicted on the charges in the criminal complaint, Reddick faces a statutory maximum penalty of 20 years in prison on the Hobbs Act charge.  Reddick also faces a statutory mandatory minimum of ten years of imprisonment for discharging a firearm during a crime of violence, which must be served consecutive to any sentence imposed on the other charge.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

This case was investigated by the Albuquerque office of the FBI and APD, with assistance from the 2nd Judicial District Attorney’s Office.  Special Assistant U.S. Attorney Timothy Trembley is prosecuting the case. 

 

Reddick Complaint

ALBUQUERQUE – Sean Stinson, 33, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to time-served (406 days) in custody for using interstate communications to threaten the lives and safety of Las Cruces Police Department (LCPD) officers.  Stinson will be on supervised release for three years.

 

Stinson was arrested on Sept. 2, 2016, for making telephone calls from El Paso to individuals in Las Cruces during which he threatened the lives of LCPD officers.  According to the criminal complaint, Stinson had several telephone calls, including some which were recorded, with LCPD officers during which Stinson threatened to shoot, kill and otherwise injure specific officers. 

 

Stinson subsequently was indicted on Sept. 21, 2016, and was charged with seven counts of transmitting interstate communications with intent to threaten to injure another person.  According to the indictment, Stinson committed the crimes between Aug. 24, 2016 and Sept. 2, 2016.

 

On July 24, 2017, Stinson pled guilty to the indictment and admitted that on Aug. 24 and 25, 2016, he made several telephone calls from El Paso to the LCPD during which he threatened to injure an LCPD officer.  Stinson acknowledged that he intended his calls to be perceived as threats.

 

This case was investigated by the Las Cruces office of the FBI, the U.S. Marshals Service and the LCPD.  Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Albert Pulido, 29, of Albuquerque, N.M., made his initial appearance today in federal court on a criminal complaint charging him with violating the federal firearms laws by unlawfully possessing a firearm and ammunition.  Pulido remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for tomorrow.

 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) arrested Pulido this morning on a criminal complaint charging him with unlawfully possessing a firearm and ammunition on Sept. 7, 2017, in Bernalillo County, N.M.  The criminal complaint alleges that on that date, officers of the Albuquerque Police Department (APD) arrested Pulido on state charges after observing Pulido exit a vacant, yellow-tagged residence, that no was permitted to enter.  During a search incident to arrest, the officers allegedly found that Pulido was in possession of a firearm and ammunition.

 

According to the criminal complaint, on Sept. 7, 2017, Pulido was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including convictions for receiving and transferring a stolen vehicle, residential burglary, possession of a controlled substance, embezzlement, and child abuse.

 

The related state charges against Pulido will be dismissed in favor of federal prosecution.

 

If convicted of the crime charged in the criminal complaint, Pulido faces a maximum penalty of ten years in federal prison.  Charges in criminal complaints are mere accusations and defendants are presumed innocent unless found guilty in a court of law.

 

This case was investigated by the Albuquerque office of ATF and APD, with assistance from the 2nd Judicial District Attorney’s Office.  Special Assistant U.S. Attorney Timothy Trembley is prosecuting the case under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Kelly James, 35, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., was sentenced today in federal court to three years of probation for her conviction on a misdemeanor child abuse charge.  In addition to the mandatory conditions of her probation, James will be required to complete substance abuse counseling, childcare classes and refrain from the use of alcohol.

 

James was arrested in May 2017, on an indictment charging her with engaging in child abuse by operating a motor vehicle recklessly on Dec. 8, 2016, on the Isleta Pueblo in Valencia County, N.M.

 

On June 13, 2017, James entered a guilty plea to the indictment.  In entering the guilty plea, James admitted that on Dec. 8, 2016, she operated a motor vehicle recklessly within the Isleta Pueblo while under the influence of alcohol.  James further admitted that her actions endangered the health and wellbeing of the child who was a passenger in the vehicle. 

 

This case was investigated by the Isleta Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Elisa C. Dimas.

ALBUQUERQUE – Zachariah Nez, 22, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to six years in prison for his conviction on a voluntary manslaughter charge.  Nez will be on supervised release for three years after completing his prison sentence.

 

Nez was arrested in Oct. 2016, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on Oct. 17, 2016.  According to the complaint, Nez killed the victim by striking him with a rock.

 

Nez was indicted on Nov. 1, 2016, and charged with second-degree murder on Oct. 17, 2016, in San Juan County. 

 

On June 15, 2017, Nez pled guilty to a felony information charging him with voluntary manslaughter.  In entering the guilty plea, Nez admitted that on Oct. 17, 2016, he killed the victim by striking him several times with a rock. 

 

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. Attorney Joseph M. Spindle.

ALBUQUERQUE – David A. Hickman, 28, of Albuquerque, N.M., pleaded guilty today in federal court 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.  The plea agreement includes a recommendation that Hickman be sentenced to a term of imprisonment within the range of five to 20 years. 

 

Hickman’s guilty plea was announced by Acting U.S. Attorney James D. Tierney, 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 Gorden E. Eden Jr., of the Albuquerque Police Department (APD), and Captain Jackie Lance of the Albuquerque Fire Department, Fire Investigation Division (FID).

 

“Arson is a crime of extreme violence that puts the lives of the public and first responders in grave danger, and arsonists must understand that their crimes will evoke a serious response from the law enforcement community,” said Acting U.S. Attorney James D. Tierney.  “The U.S. Attorney’s Office commends the dedicated men and women of the FBI, ATF, the Albuquerque Police Department, and the Albuquerque Fire Department for working together to protect our community by apprehending David Hickman and bringing him to justice before his criminal conduct resulted in human injury and loss of life.” 

 

“A series of arsons in Albuquerque almost a year ago not only endangered the lives of firefighters and other innocent people, but also jeopardized the paychecks of numerous hard-working employees at the damaged businesses,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division.  “The FBI is proud to have been part of the team of local and federal law enforcement and fire investigators who came together to solve this case.  We congratulate the U.S. Attorney’s Office on a successful prosecution, and we hope it sends a clear message that those responsible for this kind of criminal behavior will be held accountable.”

 

“I would like to compliment the investigative efforts of all the agencies that lead to Hickman’s arrest,” said Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the ATF.  “The Albuquerque Fire Investigation Division in partnership with the ATF National Response Team were able to determine the cause and origin of the Carlisle Condominiums fire started by Hickman on November 23, 2016.”

 

“This guilty plea ensures justice in a very disturbing case. We are appreciate the hard work and diligence of our law enforcement partners,” said Albuquerque Police Chief Gorden E. Eden Jr. 
 

“The successful investigation and prosecution of David Hickman brings great pride to the Albuquerque Fire Department, especially its Fire Investigation Division (FID).  Through a community approach, the men and women of the FID, together with APD, ATF and FBI worked diligently to close this case while continuing to keep our community safe,” said Albuquerque Fire Captain Jackie Lance.  “We would like to express our gratitude to everyone who contributed to the successful resolution of this complex case.  Please remember if you see something suspicious, say something.”

 

Hickman was arrested on Nov. 28, 2016, on a criminal complaint charging him with maliciously damaged and destroyed, and attempted 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 subsequently was indicted on one count of maliciously damaging a building, the Old Navy store, by fire on Dec. 20, 2016. 

 

During today’s change of plea hearing, Hickman pled guilty to the one-count indictment and to a felony information charging him with four additional counts of arson.  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.

Hickman was arrested shortly after departing the Old Navy store.  When he was arrested, Hickman was wearing a holster with a handgun and had a flare in his belt.  In Hickman’s vehicle, officers found an assault rifle in his vehicle, glass mason jar devices, tape, ammunition, kerosene, tannerite, and motor oil.  Officers also found similar materials, including firecrackers, inside Hickman’s residence while executing a search warrant.

Hickman has been in federal custody since his arrest and remains in custody pending a sentencing hearing, which has yet to be scheduled.

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

 

Hickman Indictment    Hickman Information     Hickman Plea Agreement

ALBUQUERQUE – Gerald Roberts, 49, of Albuquerque, N.M., was sentenced today in federal court to 51 months in prison followed by three years of supervised release for his conviction on prescription drug trafficking and money laundering charges.  Roberts and his wife and co-defendant Yvonne Garcia, 55, also were ordered to forfeit their interest in the proceeds of their criminal activities, including $71,674.92 seized from bank accounts and a safe deposit box, a 2016 Toyota Camry, a 2016 Toyota Tacoma truck, a 2013 BMW motorcycle, and to pay a money judgment in the amount of $15,500.

 

Roberts and Garcia were arrested in Sept. 2016, on an eight-count indictment charging them with trafficking controlled substances in Bernalillo County, N.M.  Roberts and Garcia were charged with conspiring to distribute oxycodone, oxymorphone and alprazolam from May 2016 through Sept. 2016.  The indictment also charged the couple with distributing oxycodone on three separate occasions in May, June and July 2016; distributing oxymorphone on four occasions in May, June, July and Sept. 2016; and distributing alprazolam in July 2016. 

 

On March 29, 2017, Roberts and Garcia each pled guilty to the conspiracy charged in the indictment and to felony informations charging them with conspiring to launder drug proceeds.  According to the plea agreements, between May 2016 and Sept. 2016, Roberts and Garcia sold oxycodone, oxymorphone and alprazolam to an individual who unbeknownst to them was an undercover DEA agent.  Roberts and Garcia deposited the proceeds of their illegal drug transactions into Wells Fargo checking and savings accounts in amounts that would not trigger currency-reporting requirements that could alert law enforcement authorities to their illegal activities.  Roberts and Garcia used the drug proceeds in the bank accounts to make payments on their residential mortgage and vehicle loans. 

 

Garcia was previously sentenced on Aug. 16, 2017, to 46 months in prison followed by three years of supervised release. 

 

This case was investigated by the Albuquerque office of the DEA, the Albuquerque Police Department and the Santa Fe Police Department.  Assistant U.S. Attorneys Shana B. Long and Peter J. Eicker 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 – Acting U.S. Attorney James D. Tierney and Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, announced the filing of federal child sexual exploitation and pornography charges against Stephen Mendoza Arellano, an ordained minister for the Apostolic Assembly Church who serves as the Church’s District of New Mexico Youth President. 

 

Arellano, 30, of Las Cruces, N.M., made his initial appearance this morning in federal court on a criminal complaint charging him with attempted production of child pornography, enticement of a child to engage in sexual activity, and travel to meet a minor to engage in sexual conduct.  He remains in federal custody pending a preliminary hearing and a detention hearing, which have not yet been scheduled.

 

HSI Special Agents arrested Arellano on Oct. 6, 2017, on the criminal complaint, which alleges that Arellano committed the crimes charged between May 2017 and Aug. 2017 in Dona Ana County, N.M., and elsewhere.  According to the criminal complaint, Arellano traveled from Las Cruces to El Paso, Tex., with the intention of having illicit sexual contact with the child victim who was 15-years-old when he began contacting her.

 

According to the complaint, Arellano is a National Ordained Minister for the Apostolic Assembly Church, holds the title of District of New Mexico Youth President, and is a member of the same church as the victim.  HSI initiated the investigation into Arellano after receiving a report from the parents of Arellano’s victim.  The criminal complaint alleges that Arellano began communicating with the victim in a sexually explicit manner in May 2017, when the victim was fifteen-years-old.  It further alleges that Arellano sent nude photos of himself to the victim and requested nude photos of the victim via cellular phone messaging between May 2017 and Aug. 2017.  The complaint also alleges that Arellano engaged in sexual activity with the victim in July and Aug. 2017.  The investigation allegedly revealed that Arellano was aware of the victim’s age because he assisted in making a video for the victim’s Sweet 16 birthday party. 

 

If convicted on the attempted production of child pornography charge, Arellano faces a mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison.  If convicted on the enticement charge, Arellano faces a mandatory minimum penalty of ten years and a maximum of life in federal prison.  If convicted on the traveling to engage in illicit sexual conduct charge, Arellano faces a maximum of 30 years in federal prison.  The charges in the complaint are merely accusations and Arellano is presumed innocent unless found guilty beyond a reasonable doubt.

 

This case was investigated by the Las Cruces office of HSI and the Las Cruces Police Department.  The case is being prosecuted by Assistant U.S. Attorney Marisa A. Ong as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Terrence Shije, 37, an enrolled member and resident of Zia Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a domestic assault by a habitual offender charge.

 

Shije was arrested on June 2, 2017, on a criminal complaint charging him with domestic assault of an intimate partner by a habitual offender on May 16, 2017.  According to the complaint, Shije caused the victim to suffer bruising and swelling to her face. 

 

Shije was indicted on June 28, 2017, and was charged with assault of an intimate partner resulting in substantial bodily injury and domestic assault by a habitual offender.  According to the indictment, Shije committed the crime on May 16, 2017, on Zia Pueblo in Sandoval County, N.M.  Shije was charged as a habitual offender based on his two prior domestic violence convictions in the Pueblo of Zia Tribal Court in June 2015 and Aug. 2016.

 

During today’s proceedings, Shije pled guilty to Count 2 of the indictment charging him with domestic assault by a habitual offender.  In entering the guilty plea, Shije admitted that on May 16, 2017, he assaulted the victim by slapping her face and punching her eye because he did not want her to leave the residence.  Shije further admitted that as the result of the assault, the victim, who was then pregnant, suffered swelling, bumps and bruising near her eye and eye socket.  Shije also admitted that he previously had been convicted on battery on a household member charges in Zia Tribal Court in June 2015 and Aug. 2016.

 

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

 

This case was investigated by the Southern Pueblos Agency of the BIA, Office of Justice Services.  The case is being prosecuted by Special Assistant U.S. Attorney Lucy B. Solimon 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 – Richard Howieson, 56, of Costilla, N.M., was sentenced yesterday in Albuquerque, N.M., to a year and a day in prison for his conviction on a federal carjacking charge.  Howieson will be on supervised release for two years after completing his prison sentence.

 

 The FBI arrested Howieson on Oct. 11, 2016, on a three-count indictment charging him with carjacking, using and carrying a firearm during and in relation to a crime of violence, and being a felon in possession of a firearm.  The indictment was superseded on Feb. 7, 2017, to charge Howieson with carjacking and with using and carrying a firearm in relation to a crime of violence.  According to the indictment, Howieson committed these crimes on Feb. 19, 2013, in Taos County, N.M. 

 

On April 17, 2017, Howieson pled guilty to a felony information charging him with carjacking on Feb. 19, 2013, pursuant to a plea agreement.  According to the plea agreement, Howieson encountered two employees of a utility company just inside the fence line on his ranch.  The utility workers were in their utility vehicle as Howieson drove up in his vehicle.  As Howieson exited his vehicle with a loaded pistol in his pocket, one of the utility company employees exited his vehicle and explained that they were on Howieson’s property to install fiber optic cable and that the utility company had permission to cut Howieson’s lock to gain access to the ranch.  Brandishing a loaded pistol, Howieson told the utility company employees to get off his property and to leave their utility vehicle.  When the utility company employees refused to leave the ranch without their vehicle, Howieson told them they could get their vehicle back through the law and threatened to shoot them if they did not leave his ranch.  The utility company employees then left the ranch.  As they were walking away from the ranch, Howieson discharged the firearm in a different direction from where the utility company employees were located.   

 

This case was investigated by the Santa Fe office of the FBI and the New Mexico State Police, and was prosecuted by Assistant U.S. Attorney George Kraehe.  

ALBUQUERQUE – Russel Patrick Bearshield, 30, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to an assault charge.

 

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.  According to the complaint, Bearshield assaulted the woman by throwing a television at her and punching, striking and kicking her in the face. 

 

During yesterday’s proceedings, 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.  Bearshield further admitted that as a result of the assault, the victim suffered a fractured orbital bone which required surgery.

 

At sentencing, Bearshield faces a statutory 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 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 – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses.  To date, 79 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 44 of them have been sentenced.

 

The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

This week, another defendant entered a guilty plea and three other defendants were sentenced on guilty pleas previously entered.      

 

Albuquerque resident Richard Cortez, 37, entered a guilty plea on Oct. 2, 2017, to a methamphetamine trafficking charge.  Cortez and co-defendants Guajira Maya Lovato, 44, and Daniel Loya, 31, were charged with conspiring to distribute methamphetamine between July 21, 2016 and Aug. 9, 2016, and with distributing methamphetamine on July 21, 2016.  On Oct. 2, 2017, Cortez pled guilty to the distribution charge and admitted distributing 45 grams of methamphetamine to an undercover law enforcement agent on July 21, 2016.    At sentencing, Cortez faces a maximum penalty of 20 years in federal prison.  He remains detained pending a sentencing hearing, which has yet to be scheduled.  Cortez’s co-defendants have entered guilty pleas to methamphetamine trafficking charges and are awaiting sentencing hearings.

 

Also this week the following three Albuquerque residents were sentenced for their convictions on drug trafficking and firearms offenses:

• Carlos Vasquez, 47, was sentenced on Oct. 3, 2017, to 120 months in federal prison followed by three years of supervised release;
• Candace Tapia also was sentenced on Oct. 3, 2017, to 18 months in prison followed by three years of supervised release; and
• Brandon Jason Hunt, 28, was sentenced on Oct 5, 2017, to a year and a day in prison, which he has already served, followed by three years of supervised release.

 

Vasquez was charged in a three-count indictment filed on June 14, 2016, with distributing cocaine and methamphetamine on May 26, 2016 and with being a felon in possession of a firearm and ammunition on June 1, 2016.  Vasquez was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated battery on a household member, attempted armed robbery, and abandonment or abuse of a child.  On May 19, 2017, Vasquez pled guilty to possessing methamphetamine with intent to distribute and being a felon in possession of a firearm and ammunition, and admitted that on May 26, 2016, he sold methamphetamine to an individual working with law enforcement.  Vasquez also admitted that on June 1, 2016, he sold a firearm and ammunition to an undercover law enforcement agent.  Vasquez acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

 

Candace Tapia and her co-defendants Gaspar Leal, 47, Bernadette Aurora Tapia, 49, and Brandon Candelaria, 22, were charged by indictment on July 12, 2016, with conspiracy and distribution of methamphetamine on June 8, 2016, in Bernalillo County.  On June 1, 2017, Candace Tapia pled guilty to an information charging her with distribution of methamphetamine and admitted that on June 8, 2016, she distributed methamphetamine to another person.  Bernadette Aurora Tapia pled guilty on Dec. 13, 2016, and was sentenced on April 7, 2017.  Lael has entered a plea of not guilty and is pending trial.  The charges against Candelaria have been dismissed.

 

Hunt was arrested in Oct. 2016, on an indictment charging him with distributing cocaine on May 5, 2016, and June 1, 2016, and with being a felon in possession of a firearm on May 19, 2016.  Hunt was prohibited from possessing firearms or ammunition because of his prior felony convictions for aggravated battery with a deadly weapon and attempt to commit an aggravated burglary.  According to the indictment, Hunt committed the offenses in Rio Arriba County, N.M. On July 6, 2017, Hunt pled guilty to distributing cocaine and admitted that on May 5, 2016, he distributed cocaine to an undercover law enforcement agent. 

 

Twenty-one of the defendants who were charged as the result of the ATF investigation have entered not guilty pleas to the charges against them.  Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.   Two defendants are fugitives and the charges against two defendants have been dismissed.

 

These cases were investigated by the Albuquerque office of ATF.  Assistant U.S. Attorney Presiliano Torrez is prosecuting Cortez.  Assistant U.S. Attorney Eva Fontanez prosecuted Vasquez.  Assistant U.S. Attorney Samuel A. Hurtado is prosecuting Candace Tapia.  Assistant U.S. Attorney Kimberly A. Brawley prosecuted Hunt.

ALBUQUERQUE – In spring 2017, federal, state and local agencies joined forces to disrupt and dismantle a criminal organization that allegedly was trafficking large quantities of methamphetamine and numerous firearms in southeastern New Mexico.  Acting U.S. Attorney James D. Tierney, Acting Special Agent in Charge Steve Borak of the El Paso Division of the DEA, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, U.S. Marshal Conrad E. Candelaria, and Commander James McCormick of the HIDTA Region VI Pecos Valley Drug Task Force today announced the results of their investigative efforts, which included the filing of federal drug trafficking and firearms charges against 15 defendants.

 

The investigation, which was initiated by the DEA, ATF and the HIDTA Region VI Pecos Valley Drug Task Force, initially targeted a methamphetamine trafficking organization operating in southeastern New Mexico that allegedly was supplied by Daniel P. Bruton, 38, of Artesia, N.M., and Marcos A. Martinez, 30, of Roswell, N.M.  The investigative team quickly expanded to include HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office, and the investigative targets expanded to include other alleged drug traffickers in Eddy and Chaves Counties.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a 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.  During the investigation, which concluded with a major law enforcement operation yesterday, law enforcement authorities seized more than 2.5 kilograms of methamphetamine and 44 firearms.

 

Based on the investigation, a federal grand jury returned five indictments on Oct. 5, 2017, charging 15 defendants with federal methamphetamine trafficking and firearms offenses.  One of the indictments charges ten individuals, including Bruton and Martinez, who are alleged to be members of the criminal organization that was the original target of the investigation.  That 34-count indictment alleges that Bruton, Martinez and their co-defendants conspired to violate the federal narcotics trafficking and firearms laws from May 2017 through Oct. 2017 in Eddy and Chaves Counties and elsewhere in New Mexico.  The indictment includes 55 overt acts that discuss the conspiracy’s operations, including the quantities of methamphetamine – ranging from multiple ounces to five pounds – allegedly distributed by the defendants on a routine basis.  It also describes the firearms – including assault rifles that allegedly were to be smuggled into Mexico – allegedly used by the defendants in relation to their drug trafficking activities. 

 

In announcing the results of the investigation, Acting U.S. Attorney James D. Tierney said, “This investigation was a coordinated effort to crackdown on drug trafficking in Eddy and Chaves Counties and to improve the quality of life for the good people who live there.  It was part of our continuing statewide fight against drug trafficking and the violence that goes hand-in-hand with it.  The federal, state and local law enforcement community remains committed to keeping New Mexico’s smaller communities safe from drug trafficking organizations that think they can go unnoticed operating in our smaller cities and towns.”

 

“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 Acting Special Agent in Charge Steve Borak 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 results of this enforcement initiative exceeded our expectations.  Our goal is simple:  by working together with our law enforcement partners in targeting armed traffickers and trigger pullers keeping them from interacting with the good people of New Mexico," stated Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  “I wish to acknowledge the leadership of Acting U.S. Attorney James D. Tierney and his office as these prosecutions move forward.”

Commander James McCormick of the HIDTA Region VI Pecos Valley Drug Task Force said, “This was a good cooperative investigation that will have a large impact on trafficking methamphetamine and gun violence in our community.”

 

Twelve of the 15 defendants charged in the five federal indictments are in custody, including seven who were arrested during a major law enforcement operation yesterday.  Three defendants have yet to be arrested and are considered fugitives.

 

Martinez and Jason Cunningham, 37, of Carlsbad made their initial appearances in federal court in Las Cruces this morning.  They remain in federal custody pending detention hearings, which are schedule for Oct. 11, 2017, in Las Cruces. 

 

The following defendants made their initial appearances in federal court in Roswell this morning:  Daniel P. Bruton, 38, of Artesia, N.M., Sergio Mario Chavez, 33, of Artesia, 33, Kenneth R. Dickerson, 56, of Carlsbad, Isela Hernandez, 25, of Roswell, Joshua A. Masters, 42, of Carlsbad, Timothy G. Tanner, 28, of Carlsbad, Jerry O. Twaddle, 37, of Carlsbad, Ethen G. Watts, 27, of Carlsbad, Linda M. Watts, 28, of Carlsbad, and Randi I. Young, 25, of Carlsbad.   They remain in federal custody pending detention hearings, which are currently scheduled for Oct. 11, 2017, in Las Cruces.

 

Erick Miranda-Santos, 21, of Carlsbad, Robert C. Ponce, 42, of Artesia, and Chelcy Vasquez, 25, of Dexter, N.M., have yet to be arrested and are considered fugitives.  Photographs of these defendants are attached and anyone with information on the whereabouts of these fugitives is asked to contact the DEA at 575-526-0700.

 

“HSI will continue to work jointly with our law enforcement partners in its mission to disrupt and dismantle criminal organizations that threaten public safety and national security,” said Jack P. Staton, Acting Special Agent in Charge of HSI El Paso. “This enforcement operation exemplifies what that collaboration and team work can accomplish to make our communities safer.”

 

The U.S. Marshal for the District of New Mexico Conrad E. Candelaria said, “The apprehensions made yesterday illustrate the continued cooperation and vigilance of New Mexico’s law enforcement agencies at the federal, state, and local levels. There is no doubt that the apprehension of these individuals will prevent further acts of criminal behavior and reduce the harm to our citizens in Southeastern New Mexico.”

 

These cases were investigated by the DEA, ATF, HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the HIDTA Region VI Pecos Valley Drug Task Force, the HIDTA Region VI Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office.  The following agencies participated in yesterday’s law enforcement operation in Carlsbad, Artesia and Roswell:  the U.S. Bureau of Land Management Office of Law Enforcement & Security, the HIDTA Region VI Lea County Drug Task Force, the Lea County Sheriff’s Office, the Dona Ana County Metro Narcotics Task Force, the Artesia Police Department, the Carlsbad Police Department, the Hobbs Police Department, the Las Cruces Police Department, and the Roswell Police Department.  Special Assistant U.S. Attorney Clara N. Cobos and Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases filed as the result of the investigation.

 

The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force.  The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  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.

 

Summary of the Federal Charges

 

Indictment in United States v. Daniel P. Bruton, et al., 17-CR-2690

 

Count 1 of the Indictment charges the ten defendants with participating in a conspiracy to distribute methamphetamine.  If convicted on this count, defendants Daniel P. Bruton, Marcos A. Martinez, Jerry. O. Twaddle, Ethen G. Watts, and Isela Hernandez each face a statutory penalty of a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.  If convicted, defendants Kenneth R. Dickerson, Robert C. Ponce and Erick L. Miranda-Santos 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.  If convicted, defendants Linda M. Watts and Chelcy A. Vasquez each face a maximum statutory penalty of 20 years of imprisonment and a $1 million fine.

 

Counts 2, 3 and 25 charge certain defendants with distributing a mixture and substance containing methamphetamine.  The maximum statutory penalty for a conviction on each of these counts is imprisonment for 20 years and a $1 million fine.

 

Counts 4 and 5 charge one of the defendants with distributing more than 50 grams of a mixture and substance containing methamphetamine.  The maximum statutory penalty for a conviction on each of these counts is a mandatory minimum of five years and a maximum of 40 years of imprisonment and a $5 million fine.

 

Counts 6, 7, 10, 11, 12, 14, 17, 19, 22, 24, 28, 29 and 32 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 8, 16, 18, 23, and 26 charge certain defendants with possession with intent to distribute more than 50 grams of a mixture and substance containing methamphetamine.  The statutory penalty for a conviction on this count is a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.

 

Counts 9 and 20 charge certain defendants with possession with intent to distribute a mixture and substance containing methamphetamine. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.

 

Counts 13 and 21 charge certain defendants with being felons in possession of firearms and ammunition.  The maximum statutory penalty for a conviction on this count is imprisonment for ten years and a $250,000 fine.

 

Counts 15 and 31 charge certain defendants with possession with intent to distribute more than 500 grams of a mixture and substance containing methamphetamine.  The statutory penalty for a conviction on this count is a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.

 

Count 27 charges one defendant with possession of a firearm during an in relation to a drug trafficking crime.  The statutory penalty for a conviction on this count is imprisonment for not less than five years, which must be served consecutive to any other sentence imposed and a $250,000 fine.

 

Count 30 charges certain defendants with distribution of more than 500 grams of a mixture and substance containing methamphetamine.  The statutory penalty for a conviction on this count is a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.

 

Count 33 charges one defendant with attempt to possess with intent to distribute a mixture and substance of methamphetamine.  The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.

 

Count 34 charges one defendant with receiving, concealing and facilitating the transportation of four AR-15 assault rifles from the United States.  The maximum statutory penalty for a conviction on this count is imprisonment for ten years and a $250,000 fine.

 

Charges against Defendants

 

Daniel P. Bruton, 38, of Artesia, N.M., is charged in Counts 1, 6, 8-10, 12, 15 and 24-27 of the indictment.  Bruton was arrested on Oct. 4, 2017.

 

Marcos A. Martinez, 30, of Roswell, N.M., is charged in Counts 1, 16, 22, 23, 28-30, 32 and 34 of the indictment.  Martinez was arrested on Oct. 1, 2017.

 

Jerry O. Twaddle, 37, of Carlsbad, N.M., is charged in Counts 1, 19, 28 and 31 of the indictment.   Twaddle was transferred from state custody into federal custody on Oct. 5, 2017.

 

Ethen G. Watts, 27, of Carlsbad, N.M., is charged in Counts 1, 2, 4-14 and 16-19 of the indictment.  Ethen Watts was arrested on Oct. 4, 2017.

 

Kenneth R. Dickerson, 56, of Carlsbad, N.M., is charged in Counts 1, 17 and 18 of the indictment.  Dickerson was arrested on Oct. 4, 2017.

 

Robert C. Ponce, 42, of Carlsbad, N.M., is charged in Counts 1, 11, 14, 20 and 21 of the indictment.  Ponce has yet to be arrested and is considered a fugitive.

 

Erick L. Miranda-Santos, 21, of Artesia, N.M., is charged in Counts 1, 22 and 23 of the indictment.  Miranda-Santos has yet to be arrested and considered a fugitive.

 

Linda M. Watts, 28, of Carlsbad, N.M., is charged in Counts 1 through 3 of the indictment.  Linda Watts was arrested on Oct. 4, 2017.

 

Isela Hernandez, 25, of Roswell, N.M., is charged in Counts 1, 29 and 30 of the indictment.  Hernandez was arrested on Oct. 4, 2017.

 

Chelcy A. Vasquez, 25, of Dexter, N.M., is charged in Counts 1, 32 and 33 of the indictment. Vasquez has yet to be arrested and is considered a fugitive. 

 

Indictment in United States v. Sergio Mario Chavez, 17-CR-2691

 

Sergio Mario Chavez, 33, of Artesia, N.M., is charged with possession with intent to distribute more than 50 grams of a mixture and substance containing methamphetamine on July 18, 2017, in Eddy County, N.M.  The statutory penalty for a conviction on this count is imprisonment for is a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.  Chavez was arrested on Oct. 4, 2017.

 

Indictment in United States v. Jason R. Cunningham, 17-CR-2692

 

Jason R. Cunningham, 37, of Carlsbad, is charged with distributing a mixture and substance containing methamphetamine on Sept. 27, 2016, in Eddy County, N.M.  The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine. Cunningham was arrested on Oct. 4, 2017. 

 

Indictment in United States v. Joshua A. Masters, et al., 17-CR-2693

 

Joshua A. Masters, 42, and Randi I. Young, 25, both of Carlsbad, N.M., are charged with distributing methamphetamine on March 8, 2017, in Eddy County, N.M.  Masters also is charged with distributing methamphetamine on Jan. 26, 2017, in Eddy County, N.M.  The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.  Masters was arrested on Oct. 4, 2017, and Young was transferred from state custody to federal custody on Oct. 5, 2017.

 

Indictment in United States v. Timothy G. Tanner, 17-CR-2695

 

Timothy G. Tanner, 28, of Carlsbad, N.M., is charged with being a felon in possession of a firearm and with possessing a firearm with an obliterated serial number on June 2, 2016, and possession of more than five grams of methamphetamine with intent to distribute on Aug. 4, 2016, in Eddy County, N.M.  Tanner was prohibited from possessing firearms or ammunition because of his prior convictions on drug trafficking and evidence tampering offenses.  The maximum statutory penalty for a conviction on the firearms charges is imprisonment for ten years and a $250,000 fine.  The statutory penalty for a conviction on the methamphetamine trafficking charge is imprisonment for a mandatory minimum of five years and a maximum of 40 years and a $5 million fine.  Tanner is currently in state custody and will be transferred into federal custody to face the federal charges against him.

 

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.

 

Bruton et al Indictment

 

 

ALBUQUERQUE – Jeffrey Chavez, 32, of Grants, N.M., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.  Under the terms of his plea agreement, Chavez will be sentenced within the range of 70 to 110 months in prison followed by a term of supervised release to be determined by the court.

 

Chavez was arrested on March 10, 2017, on an indictment charging him with distributing methamphetamine on June 11, 2015, in Cibola County, N.M.  The indictment included forfeiture provisions requiring Chavez to forfeit $1,800 to the United States.

 

During today’s proceedings, Chavez pled guilty to a felony information charging him with distributing methamphetamine.  In entering the guilty plea, Chavez admitted that on June 11, 2015, he sold approximately 82.8 grams of pure methamphetamine to an individual working with law enforcement in exchange for $1,800. 

 

Chavez has been in custody since his arrest.  He will remain detained pending his sentencing hearing, which has yet to be scheduled.

 

This case was investigated by Homeland Security Investigations and the DEA and is being prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.

ALBUQUERQUE – A U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Herbert Boyd Smith, 50, of Albuquerque, with a bank robbery charge.  During today’s proceedings, Smith was ordered detained pending trial.

 

The FBI and Bernalillo County Sheriff’s Office arrested Smith on Oct. 3, 2017, based on a criminal complaint charging him with robbing a bank in Bernalillo County, N.M.  The complaint alleges that Smith robbed a Bank of the West branch located at 3733 Isleta Blvd., in Albuquerque on Oct. 2, 2017.  According to the complaint, Smith robbed the bank by approaching a bank teller while holding a taped box and a handwritten note stating that the box was a bomb that would detonate if the teller did not comply with Smith’s demands for money. 

 

If convicted, Smith faces a maximum penalty of 20 years in federal prison.  Charges in criminal complaints are mere accusations and defendants are presumed innocent unless found guilty in a court of law.

 

This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Cruz Abeita, 27, of Algodones, N.M., pled guilty today in federal court in Albuquerque, N.M., to conspiracy and violating the Hobbs Act.  The charges arise out of the Dec. 30, 2016, robbery of the Dancing Eagle Travel Center in Cibola County, N.M.  Under the terms of his plea agreement, Abeita will be sentenced within the range of 84 to 120 months in prison followed by a term of supervised release to be determined by the court.

 

Abeita was arrested in Feb. 2017, on an indictment charging him with being a felon in possession of a firearm on Feb. 4, 2016, in Cibola County.  According to the indictment, Abeita was prohibited from possessing firearms or ammunition because he was previously convicted of false imprisonment.

 

During today’s proceedings, Abeita pled guilty to a felony information charging him with conspiracy and violating the Hobbs Act by robbing a business engaged in interstate commerce.  In entering the guilty plea, Abeita admitted that on Dec. 30, 2016, he entered the Dancing Eagle Travel Center in Cibola County, with an associate and demanded that the cashier give him money from the cash register, and threatened the cashier with an Airsoft replica pistol that appeared to be a real firearm.  Abeita remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

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

ALBUQUERQUE – Charley Joe, Jr., 68, 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 followed by three years of supervised release for his voluntary manslaughter conviction.

 

Joe was arrested in Sept. 2016, on a criminal complaint charging him with murder for killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on Sept. 15, 2016.  According to the complaint, Joe killed the victim by repeatedly striking him with an ax.

 

Joe was indicted on Oct. 12, 2016, and was charged with voluntary manslaughter on Sept. 15, 2016, on the Navajo Indian Reservation in San Juan County.  On March 23, 2017, Joe pled guilty to the indictment without the benefit of a plea agreement.

 

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Kristopher N. Houghton.

ALBUQUERQUE – Abraham Andres Rios, 37, a Mexican national, pled guilty today in federal court in Albuquerque, N.M., to heroin and cocaine trafficking charges.

 

Rios and co-defendants Omar Garcia, 34, of Albuquerque, N.M., and Jose Alfredo Martinez-Salas, 37, a Mexican national, were arrested in Sept. 2016, on a criminal complaint charging them with cocaine and heroin trafficking offenses.  According to the complaint, federal agents arrested the three defendants after they attempted to distribute approximately 6.1 kilograms of cocaine and a kilogram of heroin to undercover Homeland Security Investigations (HSI) agents.

 

Rios and his co-defendants subsequently were charged in a four-count indictment on Oct. 12, 2016.  The indictment charged Rios and Garcia with conspiracy and possession of cocaine and heroin with intent to distribute, and Martinez-Salas with distribution of cocaine.  According to the indictment, the defendants committed the crimes on Sept. 15, 2016, in Bernalillo County, N.M.

 

During today’s proceedings, Rios pled guilty to Counts 1, 2 and 3 of the indictment charging him with conspiracy and distribution of heroin and cocaine without the benefit of a plea agreement.  At sentencing, Rios faces a statutory 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.

           

On July 27, 2017, Martinez-Salas pled guilty to Count 4 of the indictment charging him with distribution of cocaine.  In entering the guilty plea, Martinez-Salas admitted that on Sept. 15, 2016, he distributed approximately 3.2 kilograms of cocaine to others.  Martinez-Salas admitted picking up a backpack containing cocaine in Taos, N.M., with the intention of delivering the cocaine to individuals in Albuquerque.  Law enforcement officers arrested Martinez-Salas in a restaurant parking lot in northwest Albuquerque after he delivered the cocaine to other individuals.  At sentencing, Martinez-Salas faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison.  A sentencing hearing has yet to be scheduled.

 

Garcia has entered a plea of not guilty to the charges in the indictment.  Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

 

This case was investigated by the Albuquerque offices of HSI and DEA.  Assistant U.S. Attorney Alexander M. Uballez 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 – Lance Wilson, 30, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.  Wilson’s plea agreement recommends a prison sentence within the range of 60 to 72 months followed by a term of supervised release to be determined by the court. 

 

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

 

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

 

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

 

Wilson 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 Division of Public Safety.  Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.