FEDERAL DISTRICT ARCHIVE
District of New Mexico
Press releases recorded for this federal judicial district.
Albuquerque Man Pleads Guilty to Robbing Two Fast-Food Restaurants and Brandishing a Firearm During the RobberiesRead the Press Release
ALBUQUERQUE – Sheldon Harris, 28, of Albuquerque, N.M., pled guilty today in federal court to violating the Hobbs Act by robbing two Albuquerque-area fast food restaurants and to brandishing a firearm during the robberies.
Harris was arrested on April 20, 2016, on a ten-count indictment charging him with: robbing Albuquerque-area Subway restaurants on Aug. 22, 2015, Sept. 6, 2015, Sept. 8, 2016, Sept. 26, 2015, and Oct. 5, 2015; robbing Albuquerque-area Blake’s Lotaburger restaurants on Oct. 1, 2015, Oct. 5, 2015, Oct. 11, 2015, and Oct. 18, 2015; and brandishing a firearm during a crime of violence from Aug. 22, 2015 through Oct. 18, 2015. According to the indictment, Harris committed the crimes in Bernalillo County, N.M.
During today’s proceedings, Harris pled guilty to Counts 8 and 9 of the indictment, each charging him with violating the Hobbs Act by robbing a business engaged in interstate commerce. He also pled guilty to Count 10, charging him with brandishing a firearm during a crime of violence. In entering the guilty plea, Harris admitted that on Oct. 11, 2015 and Oct. 18, 2015, he robbed Blake’s Lotaburger restaurants at gunpoint. Harris further admitted that when he robbed the Blake’s Lotaburger restaurants as well as several other restaurants in the Albuquerque-area, he used a firearm.
At sentencing, Harris faces a statutory maximum penalty of 20 years in prison on the Hobbs Act robbery charge. He also faces a statutory mandatory minimum sentence of 84 months in prison for brandishing a firearm that must be served consecutive to the sentence imposed on the robbery charge. Harris remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.
U.S. Attorney Damon P. Martinez Pays Tribute to Alamogordo Police Officer Clint CorvinusRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez paid tribute to Officer Clint Corvinus of the Alamogordo Police Department this morning during the Officer’s public memorial service at the Tays Event Center of the New Mexico State University in Alamogordo, N.M. The U.S. Attorney delivered the following remarks:
“On behalf of the Attorney General of the United States of America, the U.S. Attorney’s Office and the entire federal law enforcement community, I want to express our deepest condolences.
“Today we come together to grieve for Officer Corvinus and, to the extent possible, to comfort his family and loved ones as they struggle to deal with the profound void left by his passing.
“In New Mexico, the law enforcement community knows no divide – state, county, local, tribal and federal – we are all just law enforcement. We all work together and support each other every day. On this day, we all share the sorrow of losing Officer Corvinus.
“With the permission of the family and [Alamogordo Police] Chief [Daron] Syling, I will read a letter of condolence from U.S. Attorney General Loretta Lynch.”
USAG Corvinus Letter
Christopher Cook Pleads Guilty to Unlawfully Possessing Firearm on Jan. 3, 2015, When he Shot APD Officer Lou GolsonRead the Press Release
ALBUQUERQUE – Christopher Cook, 38, of Albuquerque, N.M., pleaded guilty this morning in U.S. District Court to violating the federal firearms laws by unlawfully possessing a firearm and ammunition on Jan. 3, 2015, the day he shot and seriously injured Officer Lou Golson of the Albuquerque Police Department (APD). The guilty plea was entered without the benefit of a plea agreement. At sentencing, Cook faces a statutory maximum penalty of ten years in prison unless the court determines that Cook is an armed career criminal. In that event, Cook will face an enhanced sentence of a statutory mandatory minimum of 15 years to a maximum of life in prison.
Cook previously pled guilty in the Second Judicial District Court for the State of New Mexico to state charges arising from the Jan. 3, 2015, shooting of Officer Golson, including shooting at or from a motor vehicle (great bodily harm), aggravated battery on a police officer and receiving or transferring a motor vehicle. Cook was sentenced on the state charges on July 10, 2016, to 20 years in state custody.
Cook’s guilty pleas to both federal and state charges were the result of a collaborative investigative effort involving the U.S. Attorney’s Office, Second Judicial District Attorney’s Office, ATF, FBI, U.S. Marshals Service, APD, Bernalillo County Sheriff’s Office, and New Mexico State Police.
In announcing today’s guilty plea, U.S. Attorney Damon P. Martinez said, “We cannot and will not tolerate violence against law enforcement officers. Those who seek to harm the courageous men and women who put their lives on the line to safeguard us and protect our communities are, by definition, the ‘worst of the worst’ offenders. The entire law enforcement community – federal, state, county, local and tribal – is committed to working collaboratively to thoroughly and completely investigate these individuals, and the District Attorneys and I are united in our resolve to prosecute them – in both the federal and state judicial systems – to the fullest extent of the law.”
Second Judicial District Attorney Kari E. Brandenburg said, “The ‘worst of the worst’ initiative is proving to be a very successful, cooperative endeavor between state and federal law enforcement. This partnership is making our community safer.”
“Today’s guilty plea puts another violent felon behind bars where he belongs. We will aggressively enforce the federal firearms laws targeting these criminals,” said Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of ATF. “That is why we will continue to work closely with the U.S. Attorney’s Office to investigate and prosecute violent criminals like the defendant in this case.”
“Guns and violent felons are a dangerous mix. When career criminals get their hands on weapons, nobody is safe, including the brave men and women who put on a badge to protect us every day,” said Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI. “The FBI is proud to have worked closely with our partners on this case, and we remain committed to rooting out violent and repeat offenders from our communities.”
“We will never be able to erase the haunting images of Christopher Cook attempting to kill Officer Lou Golson from our minds,” APD Chief Gorden E. Eden, Jr. “We are so very thankful to our law enforcement partners and the ‘worst of the worst’ initiative for ensuring this repeat offender is off the streets and will serve substantial time for his crimes in federal prison.”
Cook initially was charged with being a felon in possession of a firearm in a criminal complaint filed by ATF on Jan. 6, 2015. The criminal complaint alleged that Cook unlawfully possessed a firearm and ammunition on Jan. 3, 2015, when Cook shot APD Officer Golson during a traffic stop in Bernalillo County, N.M. On March 10, 2015, Cook was indicted on that same charge. According to court records, Cook was prohibited from possessing either firearms or ammunition on Jan. 3, 2015, because he previously has been convicted of at least eleven felony offenses, including two involving attempted aggravated assaults on peace officers.
During today’s proceedings, Cook entered a guilty plea to the indictment. He 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, the Albuquerque Police Department, the U.S. Marshals Service, the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office and the New Mexico State Police with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
Cook is being prosecuted as part of a federal anti-violence initiative that targets “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 based on their prior criminal convictions with the goal of removing them from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders with significant criminal conviction records from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Albuquerque Man Pleads Guilty to Federal Armed Robbery ChargeRead the Press Release
ALBUQUERQUE – Martin Huerta, 43, of Albuquerque, N.M., pled guilty this morning in federal court to an armed bank robbery charge. The guilty plea was entered without the benefit of a plea agreement.
Huerta was arrested in March 2016, on a criminal complaint charging him and four co-defendants, Greg Miera, 50, Christian Herrera, 20, Isaiah Gallegos, 20, and Christopher Gallegos, 31, all of Albuquerque, with bank robbery. According to the complaint, a source identified the co-defendants as the individuals involved in robbing the US Bank branch located at 5620 Wyoming Blvd. NE in Albuquerque, on March 30, 2016. The complaint alleged that Albuquerque Police Department (APD) officers conducted surveillance as a vehicle with four men pulled up to the US Bank on the afternoon of March 30, 2016. The complaint further alleged that three of the men remained outside in the vehicle while the fourth entered the US Bank, threatened to shoot the bank employees, and demanded that two bank tellers place cash into a plastic bag.
Huerta, Miera, Herrera, Isaiah Gallegos and Christopher Gallegos were subsequently indicted on an armed bank robbery charge on April 27, 2016.
During today’s proceedings, Huerta entered a guilty plea to the indictment. At sentencing, Huerta faces a statutory maximum penalty of 25 years in prison. Huerta remains in custody pending a sentencing hearing, which has yet to be scheduled.
Huerta’s four co-defendants have entered pleas of not guilty to the indictment. Charges in complaints and indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.
California Woman Sentenced to Prison for Federal Cocaine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Neisha Necel Williams, 36, of Los Angeles, Calif., was sentenced today in federal court in Albuquerque, N.M., to 70 months in prison followed by three years of supervised release for her cocaine trafficking conviction.
Williams was arrested in May 2015, on a criminal complaint charging her with a cocaine trafficking offense after the DEA seized .70 kilograms (1.54 pounds) of cocaine from her during an interdiction investigation at the Greyhound Bus Station in Albuquerque on May 18, 2015. The cocaine was concealed in a bundle underneath Williams’ clothes. Williams was indicted on June 9, 2015, and charged with possession of cocaine with intent to distribute.
On April 18, 2016, Williams pled guilty to a felony information charging her with possession of cocaine with intent to distribute. In entering the guilty plea, Williams admitted that on May 18, 2015, while traveling through Albuquerque on a Greyhound bus, she possessed .70 kilograms of cocaine, which was wrapped in a bundle and concealed underneath her clothes. Williams further admitted that she was to be paid for transporting the cocaine from Los Angeles to Macon, Ga.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.
Albuquerque Man Sentenced to Prison for Participating in the Armed Robbery of a Convenience StoreRead the Press Release
ALBUQUERQUE – Frank Gallegos, 31, of Albuquerque, N.M., was sentenced today in federal court to 71 months in prison for violating the Hobbs Act. Gallegos will be on supervised release for three years following his prison sentence.
Gallegos and five other Albuquerque residents were charged in Jan. 2015, with violating the Hobbs Act and federal firearms laws in a five-count indictment. Count 1 charged Gallegos, Raymond Castillo, 27, Reyes Lujan, 27, Daniel Maestas, 36, Johnny Ramirez, 31, and Henry Lujan, 23, with conspiring to violate the Hobbs Act. Count 2 charged the six men with violating the Hobbs Act by robbing a Walmart Store in Bernalillo County, N.M., on Oct. 29, 2014. Count 3 charged Castillo with brandishing a firearm during the robbery of the Walmart store, and Count 4 charges Maestas with using and carrying a firearm during the robbery. Count 5 charged Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery.
A seven-count superseding indictment was filed on May 28, 2015, charging the original six defendants and adding Reynaldo Marquez, 26, as a new defendant and two new counts. The two new charges in the superseding indictment charged Marquez and Castillo with interfering with interstate commerce by robbing a 7-11 convenience store located in Bernalillo County, N.M., on Dec. 7, 2014, and Marquez with discharging a firearm during the robbery of the 7-11 convenience store on Dec. 7, 2015.
On March 30, 2016, Gallegos pled guilty to Count 2 of the superseding indictment charging him with aiding and abetting an interference with interstate commerce. In entering the guilty plea, Gallegos admitted that on Oct. 28 and 29, 2014, he acted as a lookout for the armed robbery of the Walmart located at 400 Eubank NE in Albuquerque.
Gallegos’ six co-defendants previously have entered guilty pleas. Reyes Lujan was sentenced on March 8, 2016, to 71 months in prison followed by three years of supervised release. The five remaining co-defendants are in custody pending their sentencing hearings.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado are prosecuting this case.
This case is being prosecuted as part 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 work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average.
Albuquerque Man Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – Christopher Craig, 26, of Albuquerque, N.M., pled guilty today in federal court to a federal heroin trafficking charge.
Craig was arrested in Feb. 2016, on a criminal complaint charging that he possessed heroin with intention of distributing it on Feb. 17, 2016, in Sandoval County, N.M. According to the complaint, Craig attempted to sell approximately 205.8 grams of heroin to law enforcement officers. At the time of his arrest, Craig was on supervised release for a prior conviction for possession of a firearm in furtherance of a drug trafficking crime from 2010. Craig was subsequently indicted on March 8, 2016, on the same charge.
During today’s proceedings, Craig pled guilty to the indictment and admitted that on Feb. 17, 2016, he arranged to sell a half pound of heroin in exchange for $5,000. Craig further admitted that when he met with the purchaser he was arrested and found to be in possession of 205.8 grams of heroin.
At sentencing, Craig faces a minimum penalty of five years and a maximum of 40 years in prison. According to the plea agreement, Craig’s sentence will run concurrent to the sentence he will receive on the supervised release violation for his prior conviction. Craig remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated the Albuquerque office of the FBI and the New Mexico State Police. Assistant U.S. Attorney Presiliano Torrez is prosecuting the case pursuant to 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.
Rufus Phelps Pleads Guilty to Federal Firearms ChargesRead the Press Release
ALBUQUERQUE –Rufus Phelps, 26, of Albuquerque, N.M., pled guilty today in federal court to being a felon in possession of a firearm and ammunition. The guilty plea was entered without the benefit of a plea agreement.
The U.S. Marshals Service arrested Phelps on Feb. 5, 2016, on a federal criminal complaint charging him with unlawfully possessing a firearm and ammunition on Feb. 4, 2016, in Bernalillo County, N.M. According to the complaint, Albuquerque Police Department (APD) officers arrested Phelps on state charges on Feb. 4, 2016, after observing Phelps in a parked car, recognizing him from prior encounters, and learning that there was an outstanding warrant for his arrest.
Phelps was indicted on Feb. 24, 2016, and charged with being a felon in possession of a firearm and ammunition on Feb. 4, 2016. The indictment was subsequently superseded on March 9, 2016, to add an additional charge against Phelps for unlawfully possessing a firearm and ammunition on Sept. 11, 2015. Phelps was prohibited from possessing firearms or ammunition because he previously had been convicted of unlawful taking of a motor vehicle.
During today’s proceedings, Phelps entered a guilty plea to the superseding indictment. At sentencing, Phelps faces a maximum penalty of ten years in prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the U.S. Marshals Service. Assistant U.S. Attorney Eva M. Fontanez is prosecuting the case.
The case is being prosecuted as part of the federal “worst of the worst” anti-violence initiative. 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 felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
U.S. Attorney Damon P. Martinez to Host 24th Annual Four Corners Indian Country Conference in Isleta PuebloRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez of the District of New Mexico is hosting the 24th Annual Four Corners Indian Country Conference at the Isleta Pueblo Hotel and Conference Center in Isleta Pueblo, N.M., on Sept. 7-9, 2016. U.S. Attorney Martinez will be joined by co-hosts U.S. Attorney John S. Leonardo of the District of Arizona, U.S. Attorney John W. Huber of the District of Utah, and Acting U.S. Attorney Bob Troyer of the District of Colorado.
The annual conference, which is sponsored by the U.S. Department of Justice’s Office for Victims of Crime and the U.S. Attorneys for the Districts of Arizona, Colorado, Utah and New Mexico, promotes a collaborative approach to addressing the needs of victims of crime in Indian Country in the Four Corners’ region. In addition to representatives of the four U.S. Attorney’s Offices and other DOJ agencies, conference participants will include tribal leaders, victim advocates and social services providers, tribal judges and prosecutors, and law enforcement officers.
The conference is scheduled to begin at 1:00 p.m. on Sept. 7, 2016, with an opening ceremony that will include welcoming remarks by the Honorable Eddie Paul Torres, Sr., Governor of Isleta Pueblo, and the U.S. Attorneys. The opening ceremony also will include a vocal performance by Kansas K. Begaye, an enrolled member of the Navajo Nation who is a Native American award winning recording artist and a former (2013) Miss Indian World. The second day of the conference, Sept. 8, 2016, will begin with a flute performance by Robert Tree Cody of the Lakota Nation, a five-time Native American Music Award winner.
This annual conference, which is held in each of the four districts on a rotating basis, exemplifies the Justice Department’s commitment to addressing the high rates of victimization of our women and children in our Native communities. The conference theme – “Serving Victims: Restoring Hope” – embodies what the Department of Justice is striving to achieve in Indian Country; helping victims overcome trauma, and preventing these crimes from reoccurring in the future. The conference provides a forum for developing strategies for assisting victims of crime and tackling other serious public safety challenges confronting our Native communities. It provides an opportunity for DOJ officials to hear from members of our Native communities about their needs and to work with them to address their unique challenges.
OPEN MEDIA: The opening ceremony, which will be held in the Grand Ballroom of the Isleta Pueblo Hotel and Conference Center from 1:00 p.m. to 2:30 p.m. on Wednesday, Sept. 7, 2016, will be open to the media. Reporters who wish to attend the opening ceremony and/or schedule interviews with the U.S. Attorneys should contact Alyssa Ferda at 505-224-1480 (office), 505-366-1463 (mobile), or alyssa.ferda@usdoj.gov.
Mexican National Sentenced to 108 Months in Prison for Trafficking Methamphetamine in Eddy CountyRead the Press Release
ALBUQUERQUE – Israel Mireles-Rivera, 35, a Mexican national unlawfully in the United States and residing in Hagerman, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 108 months in federal prison for his methamphetamine trafficking conviction. Mireles-Rivera will be deported after completing his prison sentence.
Mireles-Rivera and co-defendant Ediberto Guzman, 63, of Carlsbad, N.M., were arrested in Jan. 2014, on a three-count indictment charging them with methamphetamine trafficking and firearms offenses. Count 1 of the indictment charged the two men with conspiracy to distribute methamphetamine from Feb. 2013 through Oct. 2013 in Eddy and Chaves Counties, N.M. Counts 2 and 3 charged Mireles-Rivera with possession of methamphetamine with intent to distribute and being an alien illegally in possession of a firearm.
According to the indictment, between Feb. 2013 and Oct. 2013, Mireles-Rivera provided methamphetamine to Guzman on multiple occasions, and Guzman sold the methamphetamine to others, including a person who was working with law enforcement officers. It also alleged that on Oct. 17, 2013, Mireles-Rivera had more than 180 grams of methamphetamine hidden in a vehicle outside his residence and a smaller amount of methamphetamine inside his residence.
On Jan. 16, 2015, Mireles-Rivera pled guilty to a two-count felony information charging him with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. In entering his guilty plea, Mireles-Rivera admitted that between Feb. 2013 and Oct. 2013, he was involved in a methamphetamine distribution conspiracy. During this period, Mireles-Rivera supplied methamphetamine to an individual who sold the drugs to others. Mireles-Rivera also admitted that subsequent to his arrest, law enforcement officers seized approximately eight ounces of methamphetamine when they searched his house and vehicle.
Co-defendant Guzman pled guilty to the conspiracy count of the indictment on April 25, 2014. He was sentenced on June 26, 2014, to 48 months in federal prison followed by three years of supervised release.
This case was investigated by the Las Cruces office of the DEA, the HIDTA Region VI Pecos Valley Drug Task Force and the Carlsbad Police Department. This case was prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Region VI Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department, Artesia Police Department, New Mexico Probation and Parole, and the 5th Judicial District Attorney’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.
El Paso Man Facing Federal Charge for Using Interstate Communications to Threaten Las Cruces Police OfficersRead the Press Release
ALBUQUERQUE – Sean Stinson, 32, of El Paso, Texas, made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with using interstate communications to threaten the lives and safety of Las Cruces Police Department (LCPD) officers. Stinson remains in custody pending a preliminary hearing and a detention hearing, which have not yet been scheduled.
Stinson was arrested on Sept. 2, 2016, for allegedly 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 allegedly had several telephone calls, some of which were recorded, with LCPD officers during which Stinson allegedly threatened to shoot, kill and otherwise injure specific officers. It also alleges that, during one call, Stinson threatened to station himself at the LCPD with a sniper rifle and shoot officers as they left the police department. The complaint further alleges that Stinson also made telephone calls to the Governor’s Office during which he reiterated his threats to harm LCPD officers.
If convicted of the charges in the criminal complaint, Stinson faces a statutory maximum penalty of five years in prison. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
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 is prosecuting the case.
Albuquerque Man Pleads Guilty to Unlawful Possession of Firearm and Robberies of Albuquerque-Area Convenience StoresRead the Press Release
ALBUQUERQUE – Oscar Anchondo, 39, of Albuquerque, N.M., pled guilty today in federal court to being a felon in possession of a firearm and violating the Hobbs Act by robbing two Albuquerque-area convenience stores at gunpoint.
Anchondo’s guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Tom Romero of the Bernalillo Police Department, Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Chief Michael Geier of the Rio Rancho Police Department.
Anchondo was arrested in Oct. 2015, on a criminal complaint alleging that Anchondo unlawfully possessed a firearm and ammunition on Oct. 6, 2015, in Sandoval County, N.M. According to the criminal complaint, on Oct. 6, 2015, a resident of the Town of Bernalillo called the Bernalillo Police Department to report a stolen vehicle. The victim reported that Anchondo stole the vehicle after threatening to kill her, and that Anchondo was armed when he made the threat. Officers responded to the call and located the vehicle parked in the driveway of another residence in Bernalillo. In response to an inquiry from the officers, an occupant of the residence said that Anchondo was in the residence.
Anchondo was subsequently indicted on the same charge on Dec. 17, 2015. According to court records, on Oct. 6, 2015, Anchondo was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in state court: armed robbery with a deadly weapon, attempted robbery with a deadly weapon, and being a felon in possession of a firearm.
During today’s proceedings, Anchondo entered a guilty plea to the indictment charging him with being a felon in possession of a firearm and to a felony information charging him with two counts of violating the Hobbs Act. In entering the guilty plea, Anchondo admitted the following criminal conduct:
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On Sept. 29, 2015, Anchondo entered the Giant convenience store located at 6100 San Mateo Blvd. NE in Albuquerque, threatened the store employees with a firearm, demanded money, and robbed the employee of cash.
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On Sept. 29, 2015, Anchondo entered the 7-Eleven convenience store located at 1801 San Pedro Dr. NE in Albuquerque, threatened the store employees with a firearm, demanded money, and robbed the employee of cash.
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On Oct. 6, 2015, Anchondo was in possession of a firearm during a standoff with police who were attempting to arrest him for the offense charged in the criminal complaint, and that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the ATF office in Albuquerque and the Bernalillo Police Department with assistance from the Albuquerque Police Department and the Rio Rancho Police Department. It is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley 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. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
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Alamogordo Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Robert Alan Rutledge, 34, of Alamogordo, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking crime charges. Under the terms of his plea agreement, Rutledge will be sentenced to 48 months in prison followed by a term of supervised release to be determined by the court.
Rutledge was one of 34 individuals charged in December 2015 with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Rutledge was arrested on an indictment charging him and seven co-conspirators with conspiracy to distribute methamphetamine in Otero County, N.M., between April 9, 2015 and Oct. 16, 2015, and other drug trafficking offenses. During today’s proceedings, Rutledge entered a guilty plea to participating in a methamphetamine trafficking conspiracy and possessing methamphetamine with intent to distribute. In his plea agreement, Rutledge admitted that in Aug. and Sept. 2015, he obtained more than 50 grams but less than 200 grams of methamphetamine from a co-defendant, which he sold to other individuals. Rutledge further admitted that on Aug. 29, 2015, he sold 18 grams of methamphetamine to another individual. A sentencing hearing has yet to be scheduled.
Rutledge is the 13th of the 18 federal defendants to enter a guilty plea. The remaining five federal defendants 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.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Melissa Chavez is prosecuting the tribal cases.
Statement by U.S. Attorney Damon P. Martinez on Fatal Shooting of Alamogordo Police Officer Clint CorvinusRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez issued the following statement upon learning of the fatal shooting of Officer Clint Corvinus, 33, of the Alamogordo Police Department:
“On behalf of the U.S. Attorney’s Office and the entire federal law enforcement community, I want to express our deepest condolences to the family of Officer Clint Corvinus and the men and women of the Alamogordo Police Department.
“Today Officer Clint Corvinus joined the list of law enforcement officer-heroes who sacrificed themselves while safeguarding their communities, and protecting their fellow citizens. Since March of 2015, New Mexico’s list of fallen officer-heroes has grown to include Officer Alex Yazzie of the Navajo Nation Division of Public Safety, Officer Gregg Benner of the Rio Rancho Police Department, Officer Daniel Webster of the Albuquerque Police Department and Officer Jose Chavez of the Hatch Police Department.
“When even a list of one is too long and at a time when the list of fallen officer-heroes is growing far too quickly, we, as a community, are grieving. Each of these losses is a tragedy. Each breaks our hearts. And each leaves a void that can never be filled. Beyond the profound losses suffered by loved ones they leave behind wound, our fallen officer-heroes leave behind comrades, deeply affected with unseen wounds, who carry forward with their work.
“Although words cannot relieve the pain or ease the sorrow Officer Corvinus’s family is experiencing today, I hope they can take comfort in knowing that their community and law enforcement officers throughout New Mexico and the country will always remember Officer Corvinus’s sacrifice.”
Registered Nurses, Formerly Employed by Hospice Care Provider, Indicted on Federal Prescription Opioid Conspiracy ChargesRead the Press Release
ALBUQUERQUE – Two registered nurses, formerly employed by an Albuquerque-area hospice care provider, have been indicted on federal prescription opioid conspiracy charges, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division.
Desiree Ulibarri, 30, and Annabel Debari, 35, both of Albuquerque, N.M., are charged in a two-count indictment with conspiracy to distribute oxycodone and conspiracy to acquire and obtain oxycodone by fraud and deceit. The indictment alleges that the two women, both of whom are registered nurses, committed the crimes in Bernalillo County, N.M., between April 2016 and July 2016.
Ulibarri, who was arrested on a criminal complaint on July 25, 2016, was arraigned on the indictment in federal court this morning, and entered a not guilty plea. Debari is scheduled for arraignment on Sept. 7, 2016.
According to court filings, the investigation of this case began on July 21, 2016, after Ulibarri’s employer, a hospice care provider, contacted DEA to report suspicions that Ulibarri was engaged in prescription pill diversion. The employer became suspicious because Ulibarri allegedly was documenting patients’ prescriptions in a way that made it difficult to reconcile the medications and because Ulibarri allegedly was picking up patients’ prescription pills at Federal Express instead of having the medication delivered to the patients.
On July 22, 2016, DEA agents allegedly obtained 80 10-mg oxycodone pills from Ulibarri, which she allegedly obtained from packages she retrieved from Federal Express. When DEA agents conducted a consensual search of Ulibarri’s cellular phone, they allegedly found evidence that Ulibarri had been conspiring with a co-worker, who is also a registered nurse, to illegally distribute prescription pills since April 2016. Additionally, a review of records of missing packages allegedly revealed that at least 3,870 pills, an aggregate of 42,150 mgs of oxycodone, had been diverted during the course of the conspiracy.
Ulibarri and Debari each face a statutory maximum penalty of 20 years in federal prison if found guilty of conspiracy to distribute prescription opioids. If convicted of conspiracy to acquire the prescription opioids by fraud or deceit, they each face up to four years in prison. Charges in indictments and criminal complaints are merely accusations, and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Tactical Diversion Squad of the DEA in Albuquerque. DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
Assistant U.S. Attorneys Joel R. Meyers and Alexander M. Uballez are prosecuting the case pursuant to 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.
Navajo Man from Arizona Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Charleston Wauneka, 30, an enrolled member of the Navajo Nation who resides in St. Michaels, Ariz., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Under the terms of his plea agreement, Wauneka will be sentenced to 21 months in prison followed by a term of supervised release to be determined by the court.
Wauneka was arrested in Aug. 2016, on an indictment charging him with assault resulting in serious bodily injury. The indictment alleged that Wauneka committed the crime on Aug. 15, 2013, on the Navajo Reservation in McKinley County, N.M.
During today’s proceedings, Wauneka pled guilty to the indictment and admitted that on Aug. 15, 2013, he assaulted the victim by striking and kicking her, causing her to suffer serious bodily injury. More specifically, Wauneka admitted that his criminal conduct caused the victim to suffer fractured orbital bones around her left eye and hearing loss in her left ear. A sentencing hearing has yet to be scheduled.
This case was investigated by the Window Rock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Sarah Mease.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Navajo Man Arraigned on Indictment Charging him with Assaulting a Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Abner Joe, 54, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was arraigned today in federal court in Albuquerque, N.M., on an indictment charging him with assaulting a federal officer. Joe entered a not guilty plea to the indictment and was released pending trial to a halfway house and will be under pretrial supervision and other conditions of release.
Joe was arrested on Aug. 10, 2016, on a criminal complaint charging him with assaulting a federal officer. According to the complaint, Joe allegedly assaulted an officer of the Navajo Nation Division of Public Safety on Aug. 4, 2016, by spitting on her and threatening her with a hammer and a wooden board. At the time of the alleged assault, the tribal officer was commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services.
Joe was indicted on Aug. 23, 2016, and charged with assault on 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.
If convicted of the crimes charged in the indictment, Joe faces a maximum penalty of 20 years in federal prison. Charges in complaints and indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Michael Murphy is prosecuting the case.
Las Cruces Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Benjamin David Romero, 38, of Las Cruces, N.M., pled guilty today in federal court to methamphetamine trafficking charges.
Romero and co-defendant Roque Henry Atencio, 42, also of Las Cruces, were arrested on Feb. 6, 2016, on a criminal complaint charging them with methamphetamine trafficking charges. According to the complaint, Romero and Atencio sold two bags containing an aggregate of 47.35 grams of pure methamphetamine to undercover law enforcement agents in Doña Ana County, N.M., on April 2, 2015.
Romero and Atencio were indicted on April 21, 2016, and charged with participating in a conspiracy to distribute methamphetamine and distributing methamphetamine on April 2, 2015. The indictment included forfeiture allegations requiring Romero and Atencio to forfeit $2,000 to the United States.
During today’s proceedings, Romero pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Romero faces a statutory minimum penalty of five years and a maximum of 40 years in prison. Romero remains in custody pending a sentencing hearing, which has yet to be scheduled.
Atencio has entered a not guilty plea, and is awaiting trial. Charges in complaints and indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Pleads Guilty to Discharging a Firearm During the Armed Robbery of a Convenience StoreRead the Press Release
ALBUQUERQUE – Reynaldo Marquez, 26, of Albuquerque, N.M., pled guilty today in federal court to discharging a firearm during a crime of violence. Under the terms of his plea agreement, the parties will recommend that Marquez be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.
Marquez was charged in a seven-count superseding indictment that was filed on May 28, 2015. The superseding indicted added Marquez as a new defendant and two new counts to a five-count indictment previously filed on Jan. 21, 2015. The original indictment charged six Albuquerque residents – Raymond Castillo, 27, Castillo, Daniel Maestas, 36, Johnny Ramirez, 31, Frank Gallegos, 31, Reyes Lujan, 27, and Henry Lujan, 23, with conspiracy, commercial armed robbery and firearms charges.
The superseding indictment charged the original six defendants with conspiracy to violate the Hobbs Act, and with interfering with interstate commerce by robbing a Wal-Mart Store located in Bernalillo County, N.M., on Oct. 29, 2014. It also charged Castillo with discharging a firearm during the robbery of the Wal-Mart store; Maestas with using and carrying a firearm during that robbery; and Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery. The two new charges in the superseding indictment charged Marquez and Castillo with interfering with interstate commerce by robbing a 7-11 convenience store located in Bernalillo County, N.M., on Dec. 7, 2014, and Marquez with discharging a firearm during the robbery of the 7-11 convenience store on Dec. 7, 2015.
During today’s proceedings, Marquez pled guilty to Count 7 of the superseding indictment charging him with discharging a firearm during and in relation to a crime of violence. In entering the guilty plea, Marquez admitted discharging a firearm during a robbery that occurred on Dec. 7, 2014, he. Marquez remains in custody pending a sentencing hearing, which has yet to be scheduled.
Marquez’s six co-defendants previously have entered guilty pleas. Reyes Lujan was sentenced on March 8, 2016, to 71 months in prison followed by three years of supervised release. The five remaining co-defendants are in custody pending their sentencing hearings.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado are prosecuting this case.
This case is being prosecuted as part 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 work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average.
Sierra County Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Ruben David Martinez, III, 29, of Truth or Consequences, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
Martinez was arrested in May 2016, and charged by criminal complaint with possession of methamphetamine and heroin with intent to distribute on May 16, 2016, in Sierra County, N.M. According to the criminal complaint, Martinez threw plastic bags containing more than 40 grams of methamphetamine and 9.22 grams of heroin from his vehicle as he fled from law enforcement officers who were attempting to execute a traffic stop on his vehicle for a traffic violation. After the officers apprehended Martinez, they executed a search warrant on his vehicle and residence and seized 69.8 grams of methamphetamine, pills, multiple cellular phones, cash and drug paraphernalia.
During yesterday’s change of plea hearing, Martinez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Martinez admitted that on May 16, 2016, he possessed approximately 49 grams of methamphetamine when Sierra County Sheriff’s Office deputies initiated a traffic stop and later arrested him. Martinez further admitted that he intended to distribute the methamphetamine to other people.
At sentencing, Martinez faces a maximum penalty of 20 years in prison. Martinez remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of Homeland Security Investigations, the New Mexico State Police and the Sierra County Sheriff’s Office. Assistant U.S. Attorney Matthew Beck of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Mexican Nationals Plead Guilty to Federal Charges Arising Out of Methamphetamine Trafficking on Navajo ReservationRead the Press Release
ALBUQUERQUE – Mexican nationals, Miguel Rangel Arce, 36, and Rogelio Santiago Quiroa-Valdez, 25, pled guilty yesterday in federal court in Albuquerque, N.M., to methamphetamine trafficking charges. Their co-defendant, Luis Rangel Arce, 44, also a Mexican national, entered a guilty plea in the case last week.
The defendants were amongst the eight San Juan County residents charged with federal narcotics trafficking offenses as the result of a multi-agency investigation led by Homeland Security Investigations (HSI) and the HIDTA Region II Narcotics Task Force into methamphetamine trafficking on the Navajo Indian Reservation in northwestern New Mexico. The three men were arrested in May 2016 during a law enforcement operation that included the execution of two search warrants at residences in Shiprock and Kirtland, N.M.
The investigation leading to the federal charges was initiated in response to an increase in methamphetamine trafficking on the Navajo Indian Reservation in the Shiprock area, and was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. This Department of Justice program combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation identified eight defendants, who were charged in five indictments, through a series of methamphetamine purchases by undercover law enforcement officers. Law enforcement authorities seized more than two and a half pounds of methamphetamine, ten firearms, approximately $1,600 in cash and a vehicle during the operation.
Miguel Rangel Arce, Quiroa-Valdez and Luis Rangel Arce were charged with methamphetamine trafficking charges in a seven-count indictment filed in April 2016. The indictment charged the three men with participating in a methamphetamine trafficking conspiracy between Nov. 2015 and March 2016, and with distributing methamphetamine on six occasions between Jan. 2016 and March 2016. According to the indictment, the defendants committed the crimes in San Juan County, N.M.
During yesterday’s proceedings, Miguel Rangel Arce pled guilty to participating in a methamphetamine trafficking conspiracy and admitted that from Nov. 24, 2015 through March 17, 2016, he conspired to distribute between 500 grams and 1.5 kilograms of methamphetamine to an undercover officer. At sentencing, Miguel Rangel Arce faces a statutory minimum penalty of ten years and a maximum of life in prison.
Quiroa-Valdez pled guilty to distribution of methamphetamine and admitted that on Feb. 24, 2016, he distributed 85.5 grams of methamphetamine to an undercover officer. At sentencing Quiroa-Valdez faces a statutory minimum penalty of five years and a maximum of 40 years in prison.
Luis Rangel Arce pled guilty on Aug. 16, 2016, to distributing methamphetamine on Jan. 11 and 14, 2016. In entering the guilty plea, Luis Rangel Arce admitted distributing 63.17 grams of methamphetamine to an undercover officer on Jan. 11, 2016, and distributing 55.3 grams of methamphetamine to an undercover officer on Jan. 14, 2016. At sentencing, Luis Rangel Arce faces a statutory minimum penalty of five years and a maximum of 40 years in prison.
The three defendants remain in custody pending sentencing hearings, which have yet to be scheduled. They will be deported after completing their prison sentences.
The other five defendants were charged with methamphetamine trafficking charges in four other indictments. One has entered a guilty plea and is awaiting sentencing. The other four defendants have entered not guilty pleas and are awaiting trial. Charges in indictments are merely accusations and defendants are presumed innocent unless convicted in a court of law.
These cases were investigated by HSI’s Albuquerque office and the HIDTA Region II Narcotics Task Force with assistance from the Farmington office of the FBI, U.S. Marshals Service, and BIA’s Division of Drug Enforcement, Shiprock office of the Navajo Nation Division of Public Safety, New Mexico State Police, San Juan County Sheriff’s Office, Farmington Police Department, and New Mexico National Guard. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the cases.
The HIDTA Region II Narcotics Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department, Aztec Police Department and HSI Albuquerque, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Two Women Plead Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Elizabeth Gallardo, 37, a U.S. citizen living in Mexico and Yuriria Anahid Ramirez-Moreno, 33, of a legal Mexican alien, pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Gallardo and Ramirez-Moreno were arrested on May 13, 2016, on a criminal complaint charging them with conspiracy and possession of methamphetamine with intent to distribute. According to the criminal complaint, an officer of the Las Cruces Police Department (LCPD) arrested the women after finding them in possession of methamphetamine; Gallardo possessed 100.6 grams of methamphetamine and Ramirez-Moreno possessed 108.5 grams of methamphetamine.
Gallardo and Ramirez-Moreno were subsequently indicted on July 20, 2016, and charged with conspiracy to distribute methamphetamine on May 12, 2016, in Doña Ana County, N.M.
During yesterday’s change of plea hearings, Gallardo and Ramirez-Moreno both entered guilty pleas to felony informations charging them with conspiracy to possess methamphetamine with intent to distribute. In entering her guilty plea, Gallardo admitted that on April 29, 2016, she delivered 54.7 grams of methamphetamine to an undercover agent. Ramirez-Moreno admitted that on May 5, 2016, she delivered 56 grams of methamphetamine to the undercover agent. Both women admitted that they intended to deliver the 209 grams of methamphetamine seized from them on May 12, 2016, to the same undercover agent.
At sentencing, Gallardo and Ramirez-Moreno each face a maximum penalty of 20 years in prison followed by not less than three years of supervised release. Both women remain in custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the Las Cruces Police Department. Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Prior Felon from Deming Sentenced to Prison for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Elias David Parra, 29, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M., to 21 months in prison followed by three years of supervised release for violating the federal firearms laws.
Parra was arrested in Oct. 2015, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. According to the complaint, officers of the Las Cruces Police Department arrested Parra after finding him in possession of a firearm and ammunition on Oct. 14, 2015, during a traffic stop in Doña Ana County, N.M. At the time, Parra was prohibited from possessing firearms or ammunition because he previously had been convicted of a drug trafficking felony in a Texas state court. Parra was indicted on Jan. 20, 2016.
On May 24, 2016, Parra pled guilty to the indictment, and admitted that he unlawfully possessed a firearm and ammunition on Oct. 14, 2015. Parra acknowledged that he was prohibited from possessing firearms or ammunition as a result of his prior felony conviction for possession of a controlled substance.
This case was investigated by the Las Cruces office of the FBI, the Doña Ana County Sheriff’s Department 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.
Mescalero Apache Man Sentenced for Assaulting Federal OfficerRead the Press Release
ALBUQUERQUE – Ryan Joseph Chavez, 40, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced today in federal court in Las Cruces, N.M., to eight months in prison followed by one year of supervised release for assaulting a federal officer.
Chavez was arrested on Oct. 16, 2015, on a criminal complaint charging him with assaulting a Bureau of Indian Affairs (BIA) officer on May 6, 2015, in Otero County, N.M. According to the complaint, Chavez assaulted the officer while the officer was attempting to place Chavez under arrest.
On Feb. 9, 2016, Chavez pled guilty to a felony information charging him with assaulting a federal officer who was engaged in the performance of his official duties. The guilty plea was entered without the benefit of a plea agreement.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Mescalero Apache Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Michael Bow Smith, 31, 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 sexually abusing a minor.
Smith was arrested on May 7, 2016, on a criminal complaint charging him with sexually abusing a minor in Otero County, N.M., on March 8, 2016.
During yesterday’s proceedings, Smith pled guilty to a felony information charging him with sexually abusing a minor. In entering the guilty plea, Smith admitted that he was 30 years old when he engaged in a sexual act with the victim who was 15 years old at the time. Smith further admitted that the abuse took place on the Mescalero Apache reservation in Otero County.
At sentencing, Smith faces a statutory maximum penalty of 15 years in federal prison. He will be required to register as a sex offender after he completes his prison sentence. Smith 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. The case is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office 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/.
Las Cruces Man Sentenced to Prison for Federal Narcotics Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Ronald Lee Gore, 31, of Las Cruces, N.M., was sentenced today in federal court to 63 months in prison followed by four years of supervised release for his conviction on methamphetamine trafficking and firearms charges.
Gore and his co-defendant Marcus Dupre, 29, of Phoenix, Ariz., were charged in a criminal complaint on Oct. 6, 2014, with methamphetamine trafficking and firearms offenses. The two men, together with Jose Miramontes, 36, and Ramona Baca, 31, both of Las Cruces, N.M., were subsequently indicted on Dec. 10, 2014, and the indictment was superseded in Feb. 2015.
The superseding indictment charged Gore with participating in three methamphetamine trafficking conspiracies, distribution of methamphetamine, conspiracy to possess a fully automatic machinegun, possession of a machinegun, and being a felon in possession of firearms. At the time, Gore was prohibited from possessing firearms or ammunition because he previously had been convicted of theft in the first degree and burglary in the second degree. According to the superseding indictment, Gore committed the crimes between April 22, 2014 and Oct. 2, 2014, in Doña Ana County, N.M. Gore pled guilty to the superseding indictment without the benefit of a plea agreement on April 27, 2015.
Co-defendant Dupre pled guilty on Jan. 20, 2015, to methamphetamine trafficking charges, and admitted that on Oct. 2, 2014, he conspired with Gore to sell methamphetamine to an undercover federal agent in exchange for a fully automatic machinegun. Dupre was sentenced on Sept. 14, 2015, to 34 months in prison followed by three years of supervised release.
Co-defendant Baca pled guilty on May 12, 2015, to distributing methamphetamine and admitted that on June 23, 2014, she hand-delivered 24.3 grams of methamphetamine to an undercover federal agent in exchange for cash. Baca was sentenced on March 1, 2016, to a year and a day in prison followed by two years of supervised release.
Co-defendant Miramontes pled guilty on Dec. 15, 2015, to conspiracy to distribute methamphetamine and being a felon in possession of a firearm and ammunition and admitted that on April 23, 2014, he conspired to distribute 4.2 grams of methamphetamine to an undercover agent. Miramontes further admitted that on Dec. 15, 2014, he possessed a firearm ammunition even though he was prohibited from possessing firearms or ammunition because of his prior felony conviction of residential burglary. Miramontes was sentenced on July 26, 2016, to 27 months in prison followed by three years of supervised release.
This case was investigated by the Las Cruces offices of the FBI and DEA and was prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Man Arrested on Federal Child Exploitation ChargesRead the Press Release
ALBUQUERQUE – Ignacio Salcido Jr., 38, of Las Cruces, N.M., made his initial appearance in federal court yesterday on a criminal complaint charging him with transportation of a minor in interstate commerce with intent to engage in sexual activity. Salcido remains in custody pending a preliminary hearing and a detention hearing scheduled on Sept. 1, 2016.
Salcido was arrested on Aug. 26, 2016, by Homeland Security Investigations (HSI) on a criminal complaint alleging that he transported a child under the age of 18 years in interstate commence on Aug. 22 and 23, 2016, with the intention of engaging in sexual activity. According to the criminal complaint, Salcido traveled with the victim from Phoenix, Ariz., to Juarez, Mexico, then to Las Cruces, and engaged in sexual activity with the victim during that time.
According to the criminal complaint, Salcido picked up the victim on the side of the road in Phoenix on Aug. 22, 2016, while traveling with two other individuals (witnesses) from San Diego, Calif. The complaint further alleges that the witnesses observed Salcido attempt to sexually abuse the victim on several occasions during the trip while the victim was sleeping in the vehicle. Later that day, Salcido drove the victim and the witnesses into Juarez, where he again attempted to sexually abuse the victim while the witnesses were not in the vehicle.
After returning to the United States, Salcido drove the victim and the witnesses to his residence in Las Cruces. At his residence, Salcido allegedly forced the victim to engage in sexual activity. The investigation into Salcido began the next day, Aug. 23, 2016, when one of the witnesses reported the alleged sexual assault to school officials in Las Cruces.
If convicted of the charge against him, Salcido faces a statutory mandatory minimum penalty of ten years and a maximum of life in prison. The charges in the complaint are merely accusations and Salcido 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 with assistance from the 3rd Judicial District Attorney’s Office. Assistant U.S. Attorneys Marisa A. Ong and Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office are 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 Man Sentenced to Prison for Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Kelly S. Hobbs, 38, of Albuquerque, N.M., was sentenced today in federal court to 26 months in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA). Hobbs will be required to register as a sex offender after completing his prison sentence.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Hobbs pled guilty on April 20, 2016, to a felony information charging him with violating SORNA by failing to update his sex offender registration from Nov. 18, 2015 through Feb. 17, 2016, in Dona Ana County, N.M., and violating the conditions of his supervised release on a prior felony conviction. In entering the guilty plea, Hobbs admitted that he was convicted of sexual abuse of a minor in 2010 and was sentenced to 51 months in prison. On June 11, 2015, Hobbs was released from prison and was required to reside at a halfway house in Albuquerque for six months. Hobbs further admitted that on Nov. 18, 2015, he failed to return to the halfway house and did not notify the Sheriff’s Office of his change of residence as required under SORNA.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Joseph Spindle prosecuted the case.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Cipriano Anaya, 34, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges. Under the terms of his plea agreement, Anaya will be sentenced to 108 months in prison followed by a term of supervised release to be determined by the court.
Anaya is one of 41 individuals charged in Sept. 2015, with drug trafficking offenses as a result of an eight-month multi-agency investigation by the FBI, the DEA, Chaves County Metro Narcotics Task Force, Roswell Police Department, Chaves County Sheriff’s Office and New Mexico State Police. Twenty-one of the defendants were charged with federal offenses and the remaining 20 with state crimes.
The investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, initially targeted a drug trafficking organization (DTO) allegedly led by Joseph Ray Mendiola, 35, of Roswell, that allegedly distributed methamphetamine in Chaves County. It later expanded to include drug traffickers who allegedly supplied methamphetamine to the Mendiola DTO and other drug traffickers operating in Chaves County. The OCDETF program 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.
Sixteen of the 21 defendants facing federal charges were charged in a 24-count indictment filed on Sept. 22, 2015. The remaining five federal defendants were charged in criminal complaints. The 20 state defendants were charged by criminal complaints.
Count 1 of the Indictment charged 15 of the 16 defendants with conspiracy to distribute methamphetamine between June 2015 and July 2015. Count 2 charged three defendants with conspiracy to distribute cocaine in July 2015. Counts 3, 4, 5, 6 and 7 charged certain defendants with possession of methamphetamine with intent to distribute in July 2015. Counts 8 through 24 charged certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. All crimes charged in the federal indictment occurred in Chaves County.
During the course of the investigation, law enforcement officers executed 14 federal search warrants for 10 residences in Roswell, one residence in Dexter, N.M., and three vehicles. During the execution of those search warrants, the officers seized approximately 5600 grams of methamphetamine, $35,960.00 in cash, and multiple firearms including two assault rifles. Five of the federal defendants, including Mendiola, were arrested on July 31, 2015, the date on which the officers executed the 14 federal search warrants.
During today’s proceedings, Anaya pled guilty to conspiracy and use of a communication device to facilitate a drug trafficking crime. In entering the guilty plea, Anaya admitted to conspiring with his co-defendants to distribute methamphetamine in Chaves County from June 2015 through July 31, 2015. Anaya further admitted that on July 26, 2015, he used a telephone in furtherance of the drug trafficking conspiracy. Anaya remains in federal custody pending a sentencing hearing which has yet to be scheduled.
To date, five other defendants charged by indictment have entered guilty pleas. The remaining 16 defendants facing federal charges have entered not guilty pleas to the indictment and criminal complaints. Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The federal cases were investigated by the Roswell office of FBI’s Albuquerque Division, the Las Cruces office of DEA, Roswell Police Department, Chaves County Sheriff’s Office, the Chaves County Metro Narcotics Task Force, the New Mexico State Police and the U.S. Marshals Service. The state cases were investigated by the New Mexico State Police. Assistant U.S. Attorneys Randy M. Castellano and John Balla are prosecuting the federal cases, and the Fifth Judicial District Attorney’s Office is prosecuting the state cases.
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.
Rio Arriba Man Sentenced to Prison for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Glenn Gene Fernandez, 47, of Alcalde, N.M., was sentenced today in federal court to a year in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA). Fernandez will be required to register as a sex offender when he completes his prison sentence.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Fernandez was charged in a criminal complaint on Dec. 1, 2015, with violating SORNA by failing to update his sex offender registration. Fernandez was required to register as a sex offender as a result of a 2004 state conviction in Santa Clara, Calif., for criminal sexual battery involving a restrained person. Fernandez last complied with his sex offender registration requirements in California in Aug. 2011. In Nov. 2015, the U.S. Marshals Service received a request to assist the Rio Arriba County Sheriff’s Office with charging Fernandez with a SORNA violation. The U.S. Marshals Services’ investigation revealed that Fernandez had been residing in New Mexico since at least Feb. 2013, and had not registered as a sex offender in New Mexico as required by SORNA.
On March 8, 2016, Fernandez pled guilty to a felony information charging him with failing to update his registration between Feb. 2013 and Dec. 2015 in Rio Arriba County, N.M. Fernandez entered the guilty plea without the benefit of a plea agreement.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Matthew Joel Torres, 27, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty yesterday in federal court in Las Cruces, N.M., to an assault charge under a plea agreement with the U.S. Attorney’s Office.
Torres was arrested on April 18, 2016, on a criminal complaint charging him with assaulting a Mescalero Apache man on June 13, 2015, by stabbing him twice in the stomach. The assault occurred on the Mescalero Apache Indian Reservation in Otero County, N.M.
Torres pled guilty yesterday to a felony information charging him with assault with a dangerous weapon. In entering the guilty plea, Torres admitted that on June 13, 2015, he assaulted the victim by stabbing him in the abdomen twice with a knife with intent to cause bodily harm.
At sentencing, Torres faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the 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.
Bernalillo County Man Pleads Guilty to Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Bruce Hayes Bell, 65, of Albuquerque, N.M., pled guilty this morning in federal court to violating the Sex Offender Registration and Notification Act (SORNA). Under the terms of his plea agreement, Bell will be sentenced to a year and a day in prison followed by not less than three years of supervised release. Bell will be required to register as a sex offender after completing his prison sentence.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Bell was arrested on Dec. 9, 2015, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. According to the complaint, Bell was required to register as a sex offender because of his prior convictions for sexual assault on a child on June 6, 2011 and Nov. 10, 2010 in Colorado and criminal sexual penetration on Feb. 1, 2012 in Bernalillo County, N.M.
Bell was subsequently indicted on the same charge on Dec. 17, 2015. According to the indictment, Bell failed to update his registration between Oct. 21, 2015 and Dec. 2, 2015, in Bernalillo County, N.M.
During today’s proceedings, Bell pled guilty to the indictment. In entering the guilty plea, Bell admitted that he was a sex offender and failed to update his sex offender registration as required by SORNA. Bell remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.
Albuquerque Felon Pleads Guilty to Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Steven M. Montoya, 28, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws. Under the terms of his plea agreement, Montoya will be sentenced to 52 months in prison followed by a term of supervised release to be determined by the court.
Montoya was arrested on March 4, 2016, on a criminal complaint charging him with being a felon in possession of a firearm on March 3, 2016, in Bernalillo County, N.M. According to the complaint, on March 3, 2016, U.S. Probation (USPO) officers and FBI agents searched Montoya’s residence pursuant to the terms of his supervised release for his 2010 conviction on a cocaine trafficking charge. During the search, officers found a pistol, ammunition, a digital scale, $17,888 in cash, and four cellular phones containing messages requesting controlled substances from Montoya.
Montoya was indicted on the same charge on March 23, 2016. According to the indictment, Montoya was prohibited from possessing firearms or ammunition because he previously had been convicted on involuntary manslaughter and possession of cocaine base with intent to distribute.
During today’s proceedings, Montoya pled guilty to the indictment and admitted that on March 3, 2016, USPO officers located and seized a pistol, ammunition, a digital scale, $17,888 in cash, and four cellular phones while executing a search of his residence. Montoya further admitted that he was prohibited from possessing firearms or ammunition because of his prior felony convictions. Montoya remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the USPO. Assistant U.S. Attorney Eva Fontanez is prosecuting the case.
Prior Felon from Albuquerque Sentenced to Eight Years for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Trinidad Gallegos, 47, of Albuquerque, N.M., was sentenced today in federal court to eight years in federal prison followed by three years of supervised release for his conviction on federal firearms charges, announced U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI), Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Manuel Gonzales, III.
Gallegos was arrested in July 2015, on an indictment charging him with assaulting a federal law enforcement officer with a deadly weapon and being a felon in possession of a firearm and ammunition on Aug. 20, 2014, in Bernalillo County, N.M. On that day, Gallegos was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Court records reflect that Gallegos has been convicted of possession of a controlled substance, possession and uttering of counterfeit obligations and securities, making false statement, larceny, forgery, conspiracy to commit unlawful taking of a vehicle, possession of methamphetamine with intent to distribute, possession of a firearm or destructive device by a felon and felon in possession of a firearm and ammunition.
On Nov. 19, 2015, Gallegos pled guilty to being a felon in possession of firearms and ammunition. Gallegos admitted that on Aug. 20, 2014, he possessed a shotgun and ammunition in a tow truck. As he attempted to flee from law enforcement officers, Gallegos crashed the tow truck into a vehicle driven by a federal law enforcement officer. Gallegos admitted that after colliding with the officer, he backed the tow truck down the street and crashed into another vehicle. Gallegos then ran away and broke into homes as he attempted to evade arrest. Gallegos acknowledged that as a convicted felon, he was not allowed to possess firearms or ammunition.
This case was investigated by the Albuquerque offices of Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office with assistance from the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorney Paul Mysliwiec prosecuted 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. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
Former APS Kindergarten Teacher Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Joshua Weitz, 39, of Albuquerque, N.M., pleaded guilty today in federal court to possession of child pornography charges. Under the terms of his plea agreement, Weitz will be sentenced within the range of 24 to 151 months in prison followed by 15 years of supervised release. Weitz will be required to register as a sex offender when he completes his prison sentence. Additionally, Weitz will be required to pay restitution in the amount of $1,000 to any victim associated with the charges against Weitz who requests restitution before Weitz’s sentencing hearing.
Weitz was arrested Nov. 11, 2015, on a federal criminal complaint alleging that he distributed, received and possessed visual depictions of minors engaged in sexually explicit conduct in Oct. 2015, in Bernalillo County. At the time Weitz committed the offenses, he was employed as a kindergarten teacher by the Albuquerque Pubic Schools (APS). APS suspended Weitz’s employment following his arrest in early Nov. 2015, on related state charges and subsequently terminated his employment.
According to the criminal complaint, the investigation into Weitz began on Oct. 11, 2015, when an agent of the New Mexico Internet Crimes Against Children (ICAC) Task Force identified a computer with an IP address, later determined to be subscribed to Weitz that was being used to share child pornography files. Between Oct. 11, 2015 and Oct. 22, 2015, investigators downloaded numerous of child pornography files from the computer at Weitz’s IP address. On Nov. 4, 2015, a state court search warrant was executed at Weitz’ residence and ICAC Task Force agents found that Weitz possessed a computer containing numerous files of child pornography. Weitz was arrested that day on related state charges, which were later dismissed in favor of federal prosecution.
Weitz was indicted on Dec. 2, 2015, and was charged with four counts of distribution of child pornography and two counts of possession child pornography from Dec. 14, 2014 through Nov. 4, 2015 and Feb. 4, 2013 through Nov. 4, 2015. According to the indictment, Weitz distributed child pornography on for occasions in Oct. 2015 and possessed child pornography between Feb. 2013 and Nov. 2015.
During today’s proceedings, Weitz pled guilty to Counts 4 and 5 of the indictment, the two possession of child pornography charges. In entering the guilty plea, Weitz admitted from Feb. 4, 2013 through Nov. 4, 2015, he downloaded videos and images of child pornography from the internet and saved them on two computers. One computer contained approximately 250 images and 358 videos of child pornography. The other computer contained approximately 34 images and 77 videos of child pornography.
A sentencing hearing for Weitz has yet to be scheduled.
This case was investigated by the New Mexico ICAC Task Force, the Bernalillo County Sheriff’s Office, the Albuquerque office of the FBI and the New Mexico Regional Computer Forensics Laboratory with assistance from the New Mexico Office of the Attorney General. Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the Office of the New Mexico Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Federal Grand Jury Returns Indictment Charging Jesse Denver Hanes, Alleged Shooter of Hatch Police Officer, with Federal Firearms and Carjacking OffensesRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., has returned an indictment charging Jesse Denver Hanes with federal firearms and carjacking offenses arising out of an Aug. 12, 2016, traffic stop in Hatch, N.M., during which Hanes allegedly shot and killed Hatch Police Officer Jose Chavez and Hanes’ efforts to evade arrest following the shooting. Hanes was arraigned on the indictment this morning in federal court in Las Cruces, N.M., and entered a not guilty plea. Following the arraignment hearing, a U.S. Magistrate Judge ordered that Hanes be detained pending trial after finding that he poses a risk of flight and danger to the community.
The filing of the federal indictment was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. Joining them in making the announcement were Third Judicial District Attorney Mark D’Antonio, Chief James Gimler of the Hatch Police Department, Chief Pete N. Kassetas of the New Mexico State Police, and Doña Ana County Sheriff Enrique Vigil.
The five-count indictment, which was filed late yesterday afternoon, charges Hanes, 38, a resident of Columbus, Ohio, with attempted carjacking; brandishing a firearm during a crime of violence; carjacking resulting in serious bodily injury; discharging a firearm during a crime of violence; and being a felon in possession of a firearm. It alleges that Hanes committed these crimes on Aug. 12, 2016, in Doña Ana County, N.M. At the time, Hanes was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Hanes was arrested Aug. 16, 2016, on a federal criminal complaint charging him with being a felon in possession of a firearm, carjacking, and discharging a firearm during a crime of violence. The criminal complaint alleged that, on Aug. 12, 2016, Officer Chavez executed a traffic stop in Hatch, N.M., on a Lexus driven by Hanes and in which two other men were passengers. During the traffic stop, Hanes allegedly shot Officer Chavez in the upper torso; Officer Chavez later died as a result of the gunshot wound.
The criminal complaint also alleged that after fleeing from the scene of the shooting in the Lexus, Hanes and his passengers parted company. Thereafter, Hanes stopped at a rest area near Radium Springs, N.M., where he allegedly shot a motorist, causing him to suffer serious bodily injury, and carjacked the motorist’s vehicle, a Chevrolet. When deputies of the Doña Ana County Sheriff’s Office arrested Hanes, they allegedly found a handgun, believed to be the firearm used to shoot Officer Chavez and the motorist, in the Chevrolet.
The indictment adds two new crimes not previously charged in the criminal complaint: an attempted carjacking charge and a new firearms offense. The new charges allege that Hanes used force and violence against two victims while attempting to carjack the victims’ vehicle and that Hanes brandished a firearm during the attempted carjacking.
In addition to the charges in the federal indictment, Hanes has been charged with the first-degree murder of Officer Chavez in a criminal complaint filed in the Third Judicial District Court for the State of New Mexico in Doña Ana County. The state’s murder investigation is continuing. Hanes also is facing an unrelated murder charge in Ohio.
If convicted of the crimes charged in the federal indictment, Hanes faces a statutory maximum penalty of ten years in prison for unlawfully possessing a firearm; 15 years on the attempted carjacking charge, and 25 years in prison on the carjacking charge. If convicted of brandishing a firearm during the attempted carjacking, Hanes faces a statutory mandatory minimum penalty of seven years in prison. He also faces a statutory mandatory minimum penalty of 25 years in prison if convicted of discharging a firearm during the carjacking. The 32 years must be served consecutive to any sentence imposed on the other charges. These potential penalties apply only to the federal charges and are beyond any penalties that may be imposed under state laws. Charges in indictments and criminal complaints are merely accusations, and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The case was investigated by the Las Cruces office of the FBI, Hatch Police Department, Doña Ana County Sheriff’s Office and New Mexico State Police, with assistance from the 3rd Judicial District Attorney’s Office. The following agencies also assisted in the investigation: Albuquerque and El Paso offices of the FBI, ATF, DEA, U.S. Marshals Service, Homeland Security Investigations, U.S. Border Patrol, Las Cruces Police Department, El Paso (Texas) County Sheriff’s Office and El Paso (Texas) Police Department.
Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case as part 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 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 felony conviction records for federal prosecution with the goal of removing violent, repeat offenders from communities in New Mexico for as long as possible.
Hanes Indictment
El Paso, Texas, Men Enter Guilty Pleas in New Mexico in Spice Trafficking CaseRead the Press Release
ALBUQUERQUE – Juan C. Chavez, 39, of El Paso, Texas pled guilty today in federal court in Las Cruces, N.M., to participating in a conspiracy to distribute controlled substance analogues, commonly known as “spice.” Co-defendant David Molinar, 34, also of El Paso, Texas, entered a guilty plea on Aug. 19, 2016, in the same case to the unlawful sale of drug paraphernalia. Under the terms of their plea agreements, Chavez will be sentenced to 18 months in prison and Molinar will be sentenced to 15 months in prison. Each will serve a term of supervised release to be determined by the court after completing his prison sentence.
Chavez, Molinar and co-defendants Tasha S. Garcia, 30, of El Paso, and Kenia N. Liberato, 27, of Sunland Park, N.M., were charged in an eight-count indictment filed on Sept. 16, 2015. The indictment charges all four defendants with conspiring to distribute “spice” from June 2012 through Sept. 2015. It also charged Molinar and Chavez with maintaining a place for the purpose of manufacturing, distributing and using “spice,” and three counts of possession of “spice.” Molinar, Chavez and Garcia also were charged with distributing “spice” and selling drug paraphernalia in May 2014, and distributing “spice” in June 2015. According to the indictment, the defendants committed the crimes in Doña Ana County, N.M.
During today’s proceedings, Chavez pled guilty to Count 1 of the indictment charging him with conspiracy to distribute controlled substance analogues. In entering the guilty plea, Chavez admitted that from June 2012 through Sept. 2015, he owned and operated a head shop known as “Station Recreation.” While operating “Station Recreation,” Chavez agreed and acted with his co-defendants to distribute “spice.”
Molinar entered a guilty plea on Aug. 19, 2016, to Count 7 of the indictment, which charged him with selling drug paraphernalia. In his plea agreement, Molinar admitted that he was the co-owner of a smoke shop in Sunland Park, and that on May 29, 2014, one of his employees sold drug paraphernalia at the smoke shop.
Sentencing hearings for Chavez and Molinar have yet to be scheduled.
The charges against Garcia have been dismissed, and Liberato is participating in a pretrial diversion program.
This case was investigated by the El Paso office of the DEA, Homeland Security Investigations, Customs and Border Protection, U.S. Border Patrol, Anthony (N.M.) Police Department, El Paso Police Department, El Paso County Sheriff’s Office, Texas Attorney General’s Office and Charleston, W.V. Police Department. Assistant U.S. Attorneys Mark A. Saltman and John Balla of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
The controlled substance analogues charged in the indictment are commonly referred to as synthetic cannabinoids or “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
Artesia Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Charles Edward Gist, 56, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 21 months in prison followed by two years of supervised release for his conviction on methamphetamine trafficking charges.
Gist and co-defendant Jose Alfredo Villa, 35, of Lake Arthur, N.M., were arrested in Sept. 2015, on an indictment charging them with conspiracy to distribute methamphetamine from Nov. 17, 2014 through Nov. 20, 2014, and distribution of methamphetamine on Nov. 20, 2014. Villa was also charged with distribution of methamphetamine on Dec. 10, 2014. According to the indictment, the defendants committed the crimes in Eddy County, N.M.
Gist pled guilty on April 1, 2016, to a felony information charging him with conspiracy and distribution of methamphetamine. In entering the guilty plea, Gist admitted that he conspired with Villa and others to distribute methamphetamine from Nov. 17, 2014 through Nov. 20, 2014. Villa further admitted that on Nov. 20, 2014, he agreed to sell 56 grams of methamphetamine to an undercover law enforcement officer.
On April 13, 2016, Villa pled guilty to a felony information charging him with conspiracy and two counts of distribution of methamphetamine. In entering the guilty plea, Villa admitted to conspiring with Gist and others to distribute methamphetamine in Nov. 2014. Villa admitted supplying the methamphetamine that was distributed to an undercover law enforcement officer on Nov. 20, 2014. He also admitted distributing 51 grams of methamphetamine to an undercover law enforcement officer on Dec. 10, 2014. At sentencing, Villa faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in prison. Villa 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. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Office Las Cruces Branch Office is prosecuting the case.
Las Cruces Man Sentenced to Five Years for Federal Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Edward Valenciano, 38, of Las Cruces, N.M., was sentenced today in federal court to 60 months in prison for his conviction on a heroin trafficking charge. Valenciano will be on supervised release for four years following his prison sentence.
Valenciano was arrested in June 2015, on a criminal complaint charging him with conspiracy to distribute heroin on June 11, 2015, in Doña Ana County, N.M. The complaint alleged that Valenciano was involved in the sale of approximately 353.4 grams of heroin to an individual working with law enforcement.
Valenciano was subsequently indicted on Oct. 15, 2015, and charged with conspiracy to distribute heroin from June 3 through 16, 2015, and possession of heroin with intent to distribute on June 16, 2015. The indictment included forfeiture allegations requiring Valenciano to forfeit $6,000, the proceeds of the drug trafficking charged, to the United States.
On March 24, 2016, Valenciano pled guilty to conspiracy to possess heroin with intent to distribute. In entering the guilty plea, he admitted that on June 3, 2015, he directed another individual to provide heroin to a person who unbeknownst to him was working with law enforcement. Valenciano further admitted that on June 11, 2015, he accepted $6,000 from the same person in payment for the heroin provided on June 3, 2015.
This case was investigated by the Las Cruces office of the DEA and was prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office 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 Man Sentenced to Prison for Federal Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Fabian Baros, 38, of Albuquerque, N.M., was sentenced today in federal court to 37 months in prison followed by three years of supervised release for his bank robbery conviction.
Baros was arrested in Sept. 2015, on a criminal complaint charging him with robbing the BBVA Compass Bank located at 1201 San Pedro Dr. in Albuquerque, on Sept. 10, 2015. The complaint alleged that Baros robbed the bank by approaching the bank teller and demanding money. Baros was arrested later that day by the Albuquerque Police Department.
Baros was subsequently indicted on Oct. 7, 2015. On March 21, 2016, Baros pled guilty to the indictment and admitted that he robbed the BBVA Compass Bank on Sept. 10, 2015.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney George C. Kraehe prosecuted the case.
Alamogordo Man Facing Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging William Allen Patterson, 34, of Alamogordo, N.M., with federal child pornography charges. Patterson was detained pending trial.
Patterson was arrested on August 10, 2016, on a criminal complaint alleging that he possessed and received visual depictions of minors engaged in sexually explicit activity from 2002 to 2012 and Aug. 10, 2016, in Otero County, N.M. According to the criminal complaint, the investigation into Patterson began in Aug. 2016, after Patterson allegedly admitted to a polygraph examiner that he was addicted to child pornography while undergoing a polygraph examination as part of the application process to be a Border Patrol Agent. On Aug. 9, 2016, law enforcement searched Patterson’s residence and allegedly found a hard drive containing at least 10,000 images of child pornography.
If convicted on the receipt of child pornography charge, Patterson faces a statutory penalty of a mandatory minimum of five years and a maximum of 20 years in prison. If convicted on the possession of child pornography charge, he faces a statutory maximum penalty of ten years in prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the Las Cruces Police Department. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Rio Rancho Man Pleads Guilty to Robbing Bank in AlbuquerqueRead the Press Release
ALBUQUERQUE – Joshua Abeyta, 23, of Rio Rancho, N.M., pled guilty in federal court in Albuquerque, N.M., on Aug. 19, 2016, to a bank robbery charge under a plea agreement with the U.S. Attorney’s Office.
Abeyta was arrested on Oct. 19, 2015, on a criminal complaint charging him with robbing the Santa Fe Federal Credit Bank located at 7101 Jefferson St. NE in Albuquerque, earlier in the day. The complaint alleges that Abeyta robbed the bank by handing a handwritten note with a robbery demand to a bank teller. The teller complied with Abeyta’s written and verbal robbery demands and handed money over to Abeyta. Abeyta left the scene on foot and was pursued by customers of the bank before being arrested by an Albuquerque Police Department officer. Abeyta was subsequently indicted on the same charge on Nov. 17, 2015.
On Aug. 19, 2016, Abeyta entered a guilty plea to the indictment, and admitted to robbing the Santa Fe Federal Credit Union in Albuquerque on Oct. 19, 2015. At sentencing, Abeyta faces a statutory maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which is currently scheduled for Nov. 17, 2016.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.
U.S. Attorney Damon P. Martinez Pays Tribute to Hatch Police Officer Jose ChavezRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez paid tribute to Officer Jose Ismael Chavez of the Hatch Police Department this afternoon during the Officer’s public funeral service at the Pan American Center of New Mexico State University in Las Cruces, N.M. The U.S. Attorney’s remarks are set forth below.
“This afternoon, I have the privilege and honor of representing the federal law enforcement community during this solemn event.
“In these modern times, with all the stresses and complexities of life that pull us apart as a community, we know that there are certain truths that continue to bind us together. The police officer is a constant stabilizing force in our society who was present at the creation of our great nation and who continues to represent that part of our community that maintains law and order.
“In New Mexico, our local, county, state, tribal and federal law enforcement officers comprise one team. In New Mexico, we support our law enforcement officers, and this outpouring today is an example of our support. One officer killed in the line of duty us one officer too many, and we, as a community, must support a culture in which violence against law enforcement officers is unacceptable.
“Today, we offer our deepest condolences to the family of Officer Jose Chavez and pay tribute to his life. In wearing the badge, Officer Chavez stood for justice. In wearing the badge, Officer Chavez was dedicated to something greater than himself. In wearing the badge, Officer Chavez was a deeply heroic person who placed himself between good and evil.
“But Officer Chavez was not solely defined by his job. Officer Chavez was also a member of our community. He was also a son, a devoted partner, and a loving father. And he was a person who lived by integrity, and to whom we owe a great debt. A debt which can only be repaid by ensuring that his family and his daughters know the full support of the community; that the family and daughters of this fallen hero are never forgotten; and that the cause for which he sacrificed his life – the safety of the community – remains a top priority.
“At this time, I would like to read one of the two letters that U.S. Attorney General Loretta Lynch has sent to Officer Chavez’s family.”
USAG Letter Officer Chavez
Kewa Pueblo Woman Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Camille Lovato, 19, a member and resident of Kewa Pueblo, entered a guilty plea yesterday in federal court in Albuquerque, N.M., to an assault charge. The guilty plea was entered without the benefit of a plea agreement.
Lovato was arrested on Jan. 13, 2016, on a criminal complaint charging her with assault with a dangerous weapon and assault resulting in serious bodily injury. According to the criminal complaint, Lovato stabbed a Kewa Pueblo man in the chest with a knife on Jan. 9, 2016. The victim sustained a collapsed lung as a result of the assault, which took place at a residence in Kewa Pueblo.
On April 12, 2016, Lovato was indicted on assault with a dangerous weapon and assault resulting in serious bodily injury charges. During yesterday’s change of plea hearing, she entered a guilty plea to both offenses.
At sentencing, Lovato faces a statutory maximum penalty of ten years in prison. She will remain in federal custody pending her sentencing hearing, which has not been scheduled.
The case was investigated by the Albuquerque office of the FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Artesia Man Sentenced to Ten Years for Violating Federal Narcotics Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Joe Anthony Reza, 33, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., for his conviction on federal firearms and drug trafficking offenses. Reza will serve 120 months in prison followed by three years of supervised release.
Reza was arrested on June 6, 2015, on a criminal complaint charging him with distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime on Feb. 24, 2015, in Eddy County, N.M. According to the complaint, agents with the Pecos Valley Drug Task Force executed a search warrant at Reza’s residence on Feb. 24, 2015, and seized approximately 117 grams of methamphetamine, three firearms, a marijuana plant and digital scales. At the time, Reza was arrested on state charges which were later dismissed in favor of federal prosecution.
Reza pled guilty on Aug. 19, 2015, to a felony information charging him with possessing methamphetamine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime. In entering his guilty plea, Reza admitted that on Feb. 24, 2015, law enforcement officers seized 117 grams of methamphetamine and a handgun from his residence. Reza further admitted that he possessed the handgun for protection of his drug trafficking activities.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force with assistance from the 5th Judicial District Attorney’s Office. The case was prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office as part 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 work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
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 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 Man Sentenced to 96 Months for Federal Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Ernest Cordova, 44, of Albuquerque, N.M., was sentenced today in federal court to 96 months in prison for his conviction on heroin and methamphetamine trafficking charges. Cordova will be on supervised release for fouryears after completing his prison sentence. The sentence was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division.
Cordova, who has six prior felony convictions, was arrested in Feb. 2016, on a criminal complaint charging him with trafficking in heroin and methamphetamine from Jan. 22, 2016 through Feb. 18, 2016. According to the criminal complaint, DEA agents observed Cordova engage in several drug deals in the Albuquerque-area during this period. During the execution of a search warrant at Cordova’s residence on Feb. 18, 2016, the DEA found 134 grams of heroin and 82 grams of methamphetamine.
Cordova and his co-defendant Sara Marie Martinez, 36, also of Albuquerque, were indicted on March 8, 2016. The three-count indictment charged Cordova with participating in a drug trafficking conspiracy, and Cordova and Martinez with possessing heroin and methamphetamine with intent to distribute. According to the indictment, Cordova and Martinez committed the three crimes in Bernalillo County, N.M. The indictment included forfeiture provisions seeking an order requiring Cordova and Martinez to forfeit $8,840.27 to the United States.
Cordova pled guilty to the indictment on March 14, 2016, without the benefit of a plea agreement. Martinez entered a guilty plea yesterday to heroin and methamphetamine trafficking charges without the benefit of a plea agreement. At sentencing, Martinez faces a statutory minimum of five years and maximum of 40 years in federal prison. She remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and Cordova is being prosecuted by Assistant U.S. Attorney Alexander M. Uballez as part 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 work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average.
The case is also being prosecuted 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.
Roswell Man Sentenced to Seven Years for Conviction on Federal Firearms and Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Israel Luna, 38, of Roswell, N.M., was sentenced today to 84 months in federal prison followed by three years of supervised release for his conviction on firearms and methamphetamine trafficking charges.
Luna was arrested on Sept. 28, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute and carrying a firearm in relation to a drug trafficking crime on Sept. 24, 2015, in Chaves County, N.M. According to the complaint, on Sept. 24, 2015, the Chaves County Metro Narcotics Task Force executed a search warrant on Luna’s residence and seized approximately 7.75 ounces of methamphetamine, $5,726 in cash, drug paraphernalia and a firearm.
On March 8, 2016, Luna pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and using and carrying a firearm in relation to a drug trafficking crime. In entering the guilty plea, Luna admitted that on Sept. 24, 2015, agents found a firearm and approximately 217 grams of methamphetamine from a safe in his bedroom. Luna further admitted that he used the firearm during and in relation to a drug trafficking crime.
This case was investigated by the Roswell office of the FBI and the Chaves County Metro Narcotics Task Force. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office 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.
Federal Jury Finds “Worst of Worst” Offender from Albuquerque Guilty on Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict late yesterday afternoon finding Samuel Silva, 40, guilty on carjacking and firearms charges arising from a one-day crime spree in April 2014, following a two-day trial. Another federal jury previously convicted Silva on an armed career criminal charge in July 2016.
Yesterday’s verdict was announced U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD).
In announcing the verdict, U.S. Attorney Martinez commended the ATF agents, APD officers and prosecutors responsible for ensuring that Silva will likely spend the rest of his life behind bars where he can never again terrorize innocent residents of our community. The U.S Attorney added, “This is what the federal ‘worst of the worst’ anti-violence initiative is all about – making New Mexicans safer by removing violent, repeat offenders from our communities for as long as possible.”
“This is an example of how our criminal justice system can work at its best,” said 2nd Judicial District Attorney Brandenburg. “When law enforcement agencies collaborate like this, everyone benefits.”
ATF Special Agent in Charge Atteberry said, “Anytime we can take a career criminal off the streets, we are a much safer community. Silva will have a long time to reflect on his actions while he is locked up in a federal prison. We will continue to aggressively pursue and prosecute in federal court these violent career offenders.”
“The Albuquerque Police Department is committed to ensuring that career criminals are not welcome in our city, and we will exhaust every resource to protect and serve our citizens,” said APD Police Chief Eden. “Working in concert with our ‘worst of the worst’ partners guarantees repeat offenders cannot continue to victimize innocent people.”Silva was charged on Dec. 3, 2014, in a six-count indictment with attempted carjacking, brandishing a firearm in furtherance of a crime of violence, carjacking, discharging a firearm in furtherance of a crime of violence, and two counts of being a felon in possession of a firearm and ammunition. The indictment charged Silva with committing the first five offenses on April 23, 2014, and the sixth offense on July 1, 2014, in Bernalillo County, N.M.
According to the indictment, in April and July of 2014, Silva was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses. His prior felony convictions include auto burglary, unlawful taking of a vehicle, aggravated battery on a peace officer, attempted murder with a firearms enhancement, shooting at a motor vehicle, unlawful possession of a firearm, kidnapping with a firearms enhancement, and aggravated assault with a deadly weapon.
Silva was arrested on Dec. 18, 2014, after he was transferred to federal custody from state custody where he was detained on related state charges. The state charges subsequently were dismissed in favor of federal prosecution.
In June 2016, the court ordered separate trials for Silva on the carjacking and firearms offenses he committed on April 23, 2014, and the firearms offense he committed on July 1, 2014.
Silva’s first trial on Count 6 of the indictment began the morning of July 11, 2016, and concluded that that afternoon when the jury returned a guilty verdict. The evidence at trial established that when APD officers arrested Silva on July 1, 2014, he was in possession of a semi-automatic pistol loaded with nine rounds of .40 caliber ammunition. At sentencing on that conviction, Silva faces an enhanced sentence of a statutory mandatory minimum of 15 years and a maximum of life in prison for this conviction because of his status as an armed career criminal.
Silva’s second trial on the remaining five counts of the indictment began on Aug. 15, 2016, and concluded late yesterday afternoon when the jury returned a guilty verdict on all five counts. The evidence at trial established that on April 23, 2014, Silva forced his way into a home in southwest Albuquerque, where he brandished a .45 caliber pistol at the victim and demanded items of value including the keys to the car parked in the homeowner’s (Victim 1) driveway. Silva fled the scene after he bound Victim 1 with electrical cords torn from various appliances in Victim 1’s home. Victim 1 was able to free herself and call for help from a neighbor’s house.
After fleeing from Victim 1’s home, Silva ran approximately one block where he attempted to enter a second residence. When the homeowner (Victim 2) refused and attempted to retrieve his own handgun, Silva shot the locked storm door, breaking the bottom pane of glass and crawled through the glass, cutting himself in the process. Before Victim 2 could retrieve his own firearm, Silva confronted him and demanded the keys to the pickup truck in Victim 2’s driveway. Before Victim 2 could comply with Silva’s demand, Silva shot Victim 2 through the lower left leg. Silva then dragged Victim 2 to the kitchen where he took the keys to the truck. Silva fled Victim 2’s home in the truck, which he abandoned at a third home about a mile away. Forensic scientists were able to identify Silva by blood he left at Victim 2’s home and in the truck.
The jury deliberated for approximately 30 minutes before returning the guilty verdict.
At sentencing, Silva faces a statutory maximum penalty of 15 years in prison on the attempted carjacking charge; a statutory maximum penalty of 25 years in prison on the carjacking charge; and a penalty of a statutory mandatory minimum of 15 years and a maximum of life in prison for being an armed career criminal. Additionally, Silva faces a statutory mandatory minimum of 32 years in prison, which must be served consecutive to any sentence imposed on the other charges, for brandishing and discharging firearms during the attempted carjacking and carjacking. In sum, Silva faces a statutory mandatory minimum term of 47 years to a lifetime of imprisonment for his conviction on Counts 1 through 5 of the indictment.
The case was investigated by ATF in Albuquerque and APD with assistance from the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorneys Jacob A. Wishard and Edward Han are prosecuting the case as part 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 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. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat and violent offenders, primarily based on their prior convictions, from counties with the highest violent crime rates under this initiative.
Steve Casaus Sentenced to Ten Years in Federal Prison for Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Steve Casaus, 44, of Albuquerque, N.M., was sentenced today to ten years in federal prison for his conviction on a felon in possession of a firearm and ammunition charge. Casaus will serve his federal sentence consecutive to the 39-year state prison sentence Casaus already is serving for his convictions on state child abuse and drug trafficking charges.
The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
U.S. Attorney Martinez said that Casaus’ federal prosecution was pursued under the federal “worst of the worst” anti-violence initiative. 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 felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. According to court records, Casaus has been committing crimes since he was 19, and his convictions include DUI, disarming an officer, aggravated assault on a peace officer, receiving stolen property, credit card fraud, cocaine and methamphetamine trafficking, receiving stolen property, and worthless checks. His convictions also include the child abuse conviction arising out of the death of nine-year-old Omaree Varela for which Casaus received a 30-year state sentence and the consecutive nine-year sentence on a drug trafficking conviction .
Casaus was charged in a criminal complaint on April 25, 2014, with unlawfully possessing a firearm and ammunition on April 21, 2014, in Bernalillo County, N.M. Casaus was arrested after APD officers after they observed what they believed to be a drug deal, and based on an outstanding arrest warrant for failing to appear on a pending state court case. At the time of his arrest, Casaus was in possession of $20,790.00 in cash, 1.3 grams of methamphetamine, drug paraphernalia, and a firearm loaded with six rounds of ammunition.
Casaus was indicted on June 11, 2014, and charged with being a felon in possession of firearms and ammunition on April 21, 2014, in Bernalillo County. Casaus was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
The federal prosecution of Casaus was stayed during the pendency of state court proceedings. Casaus was arrested on the federal charge in Jan. 2016, after he was transferred into federal custody from state custody.
On Feb. 24, 2016, Casaus pled guilty to the federal indictment. The guilty plea was entered without the benefit of a plea agreement.
The case was investigated by the Albuquerque office of Homeland Security Investigations and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney David M. Walsh prosecuted the case.
Santa Fe Man and San Pedro Woman Sentenced for Robbing Bank in EspanolaRead the Press Release
ALBUQUERQUE – Fidel Naranjo, 27, of Santa Fe, N.M., and Kendra Brophy, 29, of San Pedro, N.M., were sentenced today in federal court in Albuquerque, N.M., for convictions arising out of the Dec. 2, 2015 robbery of a bank in Espanola, N.M. Naranjo was sentenced to a 40-month term of incarceration followed by three years of supervised release, and Brophy was sentenced to a year of probation to be served under home confinement with electronic monitoring followed by five years of supervised release. Brophy also was ordered to perform 300 hours community service and complete a 90-day inpatient substance abuse treatment program.
Naranjo and Brophy were arrested in Dec. 2015, on criminal complaints charging them with robbing the New Mexico Bank and Trust branch located at 411 Carr Lane in Espanola, N.M. on Dec. 2, 2015. According to the complaint, Naranjo robbed the bank by approaching a bank teller, threatening to shoot her, and demanding money. Naranjo left the bank and was driven away from the scene by Brophy.
Naranjo and Brophy were subsequently indicted on Dec. 17, 2015, and charged with bank robbery.
In April 25, 2016, Naranjo pled guilty to the indictment and admitted that on Dec. 2, 2015, he robbed the New Mexico Bank and Trust in Espanola, by entering the bank and demanding money from the teller.
Brophy pled guilty to a felony information charging her with misprision of a felony on April 21, 2016. In entering her guilty plea, Brophy admitted that on Dec. 2, 2015, her codefendant Naranjo robbed a bank while she waited nearby. Brophy admitted concealing the identity of the bank robber and the cash he obtained during the robbery, and failing to notify the authorities about her codefendant and the robbery.
This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Edward Han.