FEDERAL DISTRICT ARCHIVE
District of New Mexico
Press releases recorded for this federal judicial district.
Former Governor of Santa Ana Pueblo Sentenced to 51 Months in Federal Prison for Conviction on Embezzlement and Tax ChargesRead the Press Release
ALBUQUERQUE – A former Governor of Santa Ana Pueblo was sentenced late this afternoon in federal court in Albuquerque, N.M., for his conviction on charges arising out of a scheme to embezzle approximately $3,575,000.00 from the Indian Pueblo Federal Development Corporation (IPFDC), an Indian tribal organization formed by the 19 Pueblos of New Mexico for the purpose of developing land that once had been the site of the Albuquerque Indian School.
Bruce Sanchez, 61, was ordered to serve 51 months in federal prison to be followed by three years of supervised release. He also was ordered to pay, jointly with his co-defendant, restitution in the amount of $3,575,000.00 to the IPFDC. The court also ordered Sanchez to pay the IRS $655,276.00, the federal taxes owed on the money he embezzled from the IPFDC and failed to report to the IRS, as a special condition of his supervised release.
In announcing the sentence, U.S. Attorney Damon P. Martinez said, “The IPFDC was established to develop real estate for the benefit of the 19 Pueblos of New Mexico and their people. Bruce Sanchez was entrusted with spearheading that development but instead he lined his own pockets at the expense of the people he was duty-bound to serve.”
“This sentence confirms that those who take advantage of their position, community’s trust, and people, will be held responsible for their actions. This is a positive move forward and a new chapter for the 19 Pueblos of New Mexico. It is also the result of on-going efforts, and strong commitment, by law enforcement agencies and the U.S. Department of Justice,” stated David House, Special Agent in Charge for the Western Region Office of Inspector General Investigations, Department of the Interior.
“Sanchez wrongfully used his positon, as a public servant, to orchestrate an illegal scheme to embezzle $3.5 million dollars from the Indian Pueblo Federal Development Corporation. Sanchez’s scheme diverted much needed public funds for his own personal use then further violated the law by not reporting the funds on his income tax returns,” said Special Agent in Charge Ismael Nevarez, Jr., of IRS- Criminal Investigation. “IRS- Criminal Investigation will continue its collaborative efforts to investigate individuals that violate public trust by engaging in illicit financial fraud schemes.”
Sanchez and co-defendant Thomas Keesing, 62, of Pecos, N.M., were indicted in Oct. 2012, and charged with a conspiracy offense and ten substantive embezzlement offenses arising out of the scheme to steal funds belonging to the IPFDC. The 15-count indictment also charged Sanchez with three tax evasion counts alleging an aggregate federal tax loss of $655,276.00, and a misdemeanor count of willful failure to file a tax return. In Aug. 2013, Keesing was charged by information with three misdemeanor counts of failure to file tax returns and those tax charges were consolidated into the case. The information charged Keesing with failure to file federal tax returns for calendar years 2006, 2007 and 2008, even though he received gross income in the aggregate amount of $2,771,250.00 during those three years.
According to the indictment, between 2003 and 2009, Sanchez and Keesing conspired to embezzle approximately $3,575,000.00 from the IPFDC. During that time, Sanchez was the president and chief executive officer of the IPFDC. Keesing, a commercial real estate developer and the owner of New Mexico Real Estate, Inc. (NMREI), worked as a consultant for IPFDC in 2002 and 2003. Sanchez and Keesing engaged in a scheme to unlawfully profit from the development of the Albuquerque Indian School property by having Keesing submit false and fraudulently inflated invoices for payment from NMREI to the IPFDC. Sanchez approved the invoices even though the payments were vastly in excess of the value of any services provided by Keesing and NMREI. Keesing then shared the proceeds of the fraudulently obtained IPFDC payments with Sanchez. Between 2003 and 2008 and as a result of this illegal scheme, Keesing and NMREI received $3,775,000.00 in payments from the IPFDC, including $3,575,000.00 that was fraudulently obtained. During that same period, Sanchez and Tsachu, LLC, his solely-owned consulting company, received approximately $1,722,823.04 from Keesing and NMREI.
On Jan. 28, 2015, Sanchez entered a guilty plea to Counts 3 and 13 of the indictment charging him with embezzlement from an Indian tribal organization and tax evasion, respectively. Sanchez’s plea agreement detailed the embezzlement scheme through which Sanchez and Keesing defrauded the IPFDC of $3,575,000.00. Sanchez brought Keesing onto the IPFDC development team in 2002 and Keesing performed services for the IPFDC in 2002 and 2003. Thereafter, Sanchez and Keesing entered into a brokerage and development agreement that was never presented to the IPFDC board for approval, and used the agreement as the vehicle to perpetuate their embezzlement scheme. Between Jan. 2005 and Nov. 2008, Keesing and NMREI submitted more than 100 invoices for professional services purportedly provided in connection with the development of the Albuquerque Indian School site. Sanchez arranged for the IPFDC to pay the invoices, and in return, Sanchez and Tsachu, LLC, received more than 100 checks in the aggregate amount of $1,652,823.04 from Keesing and NMREI. Although this illegally obtained money was taxable income, Sanchez did not report the income to the IRS.
Keesing also entered a guilty plea on Jan. 28, 2015. He pled guilty to Count 3 of the indictment charging him with aiding and abetting embezzlement from an Indian tribal organization, and Count 1 of the misdemeanor information charging him with the willful failure to file an income tax return. Keesing’s plea agreement sets forth a detailed description of his role in the embezzlement scheme that defrauded the IPFDC of $3,575,000.00. According to his plea agreement, Keesing shared these illegally obtained proceeds with Sanchez with Sanchez taking $1,652,823.00, and Keesing retaining the balance. Keesing acknowledged that Sanchez provided nothing of value in return for this money and used Keesing as a conduit to receive IPFDC funds to which he was not entitled. Keesing participated in the scheme to obtain additional compensation for work he previously performed on behalf of the IPFDC and for which he felt he was not adequately compensated. Although the proceeds Keesing obtained from the IPFDC were taxable income, he failed to file federal tax returns reporting the income.
Keesing remain on conditions of release and under pretrial supervision pending his sentencing hearing, which is set for Dec. 16, 2015. Keesing faces a statutory maximum of five years in prison on the embezzlement count and up to one year in prison on the tax count. His plea agreement also requires that Keesing pay, jointly with Sanchez, full restitution to the IPFDC for the losses it sustained as a result of their criminal conduct.
The case was investigated by the IRS Criminal Investigation and the Department of the Interior’s OIG, and is being prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.
El Paso Man Sentenced in New Mexico for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Carlos Jesus Carrasco, 25, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., for his methamphetamine trafficking conviction. Carlos Carrasco was sentenced to 87 months in prison followed by three years of supervised release.
Carlos Carrasco and his co-defendant and cousin, Bernabe Carrasco, 36, also of El Paso, were arrested on Dec. 20, 2013, and charged by criminal complaint with conspiracy and possession of methamphetamine with intent to distribute. According to court filings, the two men were arrested by U.S. Border Patrol agents at the Border Patrol traffic checkpoint on U.S. Highway 54 near Alamogordo, N.M., after the agents discovered that they were concealing packages of methamphetamine on their bodies during a routine immigration check of passengers. The two men subsequently were indicted on the same two charges.
On April 9, 2015, Carlos Carrasco and Bernabe Carrasco both pled guilty to informations charging them with conspiracy to possess methamphetamine with intent to distribute and possession of methamphetamine with intent to distribute. Both men admitted to possessing 2.07 kilograms of methamphetamine on Dec. 20, 2013, which they intended to distribute. Carlos Carrasco and Bernabe Carrasco admitted boarding a bus in El Paso with packages containing methamphetamine strapped to their bodies which they intended to deliver to Amarillo, Texas, in exchange for $1,200.00.
Bernabe Carrasco was sentenced on April 9, 2015, to 63 months in prison followed by four years of supervised release.
This case was investigated by the Las Cruces office of the DEA and U.S. Customs and Border Protection, with assistance from the Doña Ana County Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.
*******media Advisory*******Read the Press Release
ALBUQUERQUE – Officials from the Department of Justice and Department of the Interior (Interior) will hold a press conference on THURSDAY, SEPTEMBER 17, 2015, to announce a landmark settlement with a nationwide class of tribes and tribal entities.
WHO: Principal Deputy Assistant Attorney General Benjamin C. Mizer Head of the Justice Department’s Civil Division
U.S. Attorney Damon P. Martinez of the District of New Mexico
DOI Assistant Secretary – Indian Affairs Kevin K. Washburn
President David Jose of Ramah Navajo Chapter
President John Yellowbird Steele of Oglala Sioux Tribe
Governor Val R. Panteah Sr. of Pueblo of Zuni
Michael P. Gross, M.P. Gross Law Firm P.C.
C. Bryant Rogers, partner in VanAmberg, Rogers, Yepa, Abeita, Gomez and Works LLP
Lloyd B. Miller, partner in Sonosky Chambers Sachse Miller & Munson
WHEN:THURSDAY, SEPTEMBER 17, 2015 11:00 a.m. MDT / 1:00 p.m. EDT
WHERE:U.S. Attorney’s Office of the District of New Mexico
201 Third Street NW
10th Floor Multi-Media Room (Reception on Ninth Floor)
Albuquerque, NM 87102
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials (which must be worn around the neck or pinned to clothing at all times). Media may begin to arrive at 10:00 a.m. MDT. Members of the media must RSVP for the above event to Nicole Navas at Nicole.Navas@usdoj.gov and Elizabeth Martinez at Elizabeth.Martinez@usdoj.gov by Thursday, September 17, at 9:00 a.m. EDT. Please include your name, outlet, position, phone number and email address. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or alyssa.ferda@usdoj.gov.
Navajo Man from Thoreau, N.M., Sentenced to 140 Months in Federal Prison for Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Bronson Ranger, 36, an enrolled member of the Navajo Nation who resides in Thoreau, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 140 months in prison followed by 25 years of supervised release for his aggravated child sexual abuse conviction. Ranger will be required to register as a sex offender after completing his prison sentence.
Ranger was arrested on Dec. 12, 2012, on an indictment alleging that he sexually abused an Indian child under the age of 12 years between Aug. 1, 2008 and Oct. 30, 2008. The indictment alleged that Ranger violated the young victim in a location within the Navajo Indian Reservation in McKinley County, N.M.
On April 30, 2015, Ranger entered a guilty plea to a felony information charging him with aggravated sexual abuse. In entering his guilty plea, Ranger admitted sexually molesting the victim in a location within the Navajo Indian Reservation.
This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. The case was prosecuted by Assistant U.S. Attorney Kyle T. Nayback 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/.
Laguna Pueblo Man Sentenced to Federal Prison for Assaulting Acoma Pueblo WomanRead the Press Release
ALBUQUERQUE – Bradford Day, 41, an enrolled member of the Laguna Pueblo who resides in Laguna, N.M., was sentenced today in federal court in Santa Fe, N.M., to 18 months in federal prison for his assault conviction. Day will be on supervised release for three years after completing his prison sentence.
Day was arrested on May 6, 2014, on a criminal complaint charging him assault with a deadly weapon and assault resulting in serious bodily injury. According to the complaint, Day assaulted an Acoma Pueblo woman on April 26, 2014, in a location within Acoma Pueblo in Cibola County, N.M. The complaint alleged that in the early morning hours of April 26, 2014, Day assaulted the victim by throwing a pint bottle of beer at the victim’s face, which struck the victim’s face causing her to suffer bruises, cuts and the loss of three teeth.
Day pled guilty on Dec. 31, 2014, to a felony information charging him with assault resulting in serious bodily injury. In entering his guilty plea, Day admitted assaulting the victim on April 26, 2014, by throwing an unopened bottle of beer at the victim and knocking out three of the victim’s teeth.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Tribal Police Department. Assistant U.S. Attorney David Adams prosecuted this case. The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Belen Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Darrell Ray Trammell, 65, of Belen, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, the government will recommend that Trammell be sentenced to a term of imprisonment not to exceed 84 months followed by a term of supervised release to be determined by the court.
Trammell was arrested in Aug. 2014, on an indictment charging him and co-defendant Cynthia Boykin, 49, also of Belen, with participation in a conspiracy to distribute methamphetamine in Valencia County, N.M. According to the indictment, the conspiracy continued from Nov. 2013 to Jan. 2014. The indictment also charged Trammell and Boykin with distributing methamphetamine in Valencia County in Dec. 2013, and Trammell alone with distributing methamphetamine in Bernalillo County, N.M., in Jan. 2014.
During today’s proceedings, Trammell pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the plea, Trammell admitted that on Jan. 8, 2014, he distributed methamphetamine to an undercover law enforcement officer in exchange for $1,700.00.
Trammell remains in custody pending a sentencing hearing which has yet to be scheduled.
Co-defendant Boykin was arrested in March 2015. On May 20, 2015, Boykin pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. She admitted that on Dec. 12, 2013, she distributed three grams of methamphetamine to an undercover law enforcement officer. At sentencing, Boykin faces a statutory maximum penalty of 20 years in prison followed by not less than three years of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorneys David M. Walsh and Stephen R. Kotz are prosecuting the case.
Navajo Man from Yatahey, N.M., Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – David Castillo, 38, an enrolled member of the Navajo Nation who resides in Yatahey, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with two counts of aggravated sexual abuse of a child. Under the terms of his plea agreement, Castillo will be sentenced to 20 years in federal prison followed by a term of supervised release to be determined by the court. Castillo also will be required to register as a sex offender.
Castillo was arrested May 17, 2015, on a two-count indictment charging him with aggravated sexual abuse of a child under the age of 12 on a date between May 1, 2006 and Sept. 4, 2006, and again on a date between Dec. 20, 2006 and Jan. 8, 2007, in Indian Country in McKinley County, N.M.
During today’s change of plea hearing, Castillo pled guilty to a two-count felony information charging him with aggravated sexual abuse. In entering his guilty plea, Castillo admitted sexually assaulting the victim in the summer of 2006, when the victim was eight years old. He also admitted sexually assaulting the victim over the Christmas holiday in 2006, when the victim was nine years old. According to the plea agreement, Castillo sexually assaulted the victim five times during the periods of time and that the he committed the crimes on the Navajo Indian Reservation.
Castillo has been in federal custody since his arrest and remains detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorney Sarah Mease.
The case was brought 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 Pleads Guilty to Robbing US Bank Branch in January 2015Read the Press Release
ALBUQUERQUE – Joshua Hicks, 31, of Albuquerque, N.M., pleaded guilty today to robbing the US Bank Branch located on Carlisle Blvd. NE in Albuquerque, in Jan. 2015. The guilty plea was entered without the benefit of a plea agreement.
Hicks was arrested Feb. 9, 2015, based on a criminal complaint charging him with robbing the US Bank branch on Jan. 2, 2015. The criminal complaint alleged that Hicks robbed the bank on Jan. 2, 2015, by handing the bank teller a crumpled hand written note which included the words “have gun,” “robbed” and “money.” The teller recognized it as a robbery note and handed money over to Hicks who then left the bank.
Hicks was indicted on Feb. 10, 2015, and charged with committing a bank robbery in Bernalillo County, N.M.
At sentencing, Hicks faces a maximum penalty of 20 years in prison followed by up to three years of supervised release. He remains detained 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 and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Zuni Pueblo Man Sentenced for Domestic Assault by a Habitual Offender ConvictionRead the Press Release
ALBUQUERQUE – Christopher T. Tsalate, 28, was sentenced today in federal court in Albuquerque, N.M., to 14 months in prison followed by three years of supervised release for his domestic assault by a habitual offender conviction.
Tsalate, a member and resident of Zuni Pueblo, N.M., was arrested on Jan. 11, 2015, on an indictment charging him with domestic assault of an intimate partner by a habitual offender based on his two prior domestic violence convictions in the Pueblo of Zuni Tribal Court.
On April 14, 2015, Tsalate pled guilty to the indictment and admitted assaulting the victim, his spouse, on May 7, 2014, in McKinley County, N.M.
Court records reflect that Tsalate previously was convicted on domestic violence charges before the Zuni Tribal Court in May 2010 and Oct. 2012. The victim in this case was also the victim in both of the prior tribal court cases.
This case was investigated by the Zuni Pueblo Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Novaline Wilson. It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Albuquerque Man Sentenced to 133 Months in Prison for Federal Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Jean Claud Mills, 32, of Albuquerque, N.M., was sentenced today in federal court to 133 months in prison followed by three years of supervised release for his conviction on methamphetamine trafficking and firearms charges.
Mills was arrested on May 16, 2014, on a criminal complaint charging him with possession of methamphetamine with intent to distribute and using and carrying a firearm in furtherance of a drug trafficking crime. Mills subsequently was indicted on June 11, 2014, and charged with (1) possession of methamphetamine with intent to distribute, (2) being a felon in possession of firearms and ammunition, and (3) using and carrying a firearm in relation to a drug trafficking crime. Court records reflect that in May 2014, Mills was prohibited from possessing firearms and ammunition because he previously had been convicted of felony offenses including possession of narcotics with intent to distribute and conspiracy to tamper with evidence.
According to the criminal complaint, on May 15, 2014, Mills attempted to sell a pound of methamphetamine to undercover detectives of the Albuquerque Police Department (APD) for $13,000.00. The APD detectives recovered a handgun and two magazines of ammunition from an open glove compartment in Mills’ vehicle.
On March 31, 2015, Mills pled guilty to Counts 1 and 2 of the indictment. Mills admitted that on May 15, 2014, he sold a pound of methamphetamine to two men for $13,000.00, and was arrested by law enforcement officers before he got into his vehicle to leave. Mills further admitted that on that day he possessed a firearm even though he was a convicted felon and was on probation.
This case was investigated by the Border Enforcement Security Task Force of the Albuquerque office of Homeland Security Investigations (HSI) and APD. Assistant U.S. Attorney Presiliano Torrez prosecuted the case.
Zuni Pueblo Man Sentenced for Sexually Abusing a ChildRead the Press Release
ALBUQUERQUE – Vernon Niiha, 54, a member of Zuni Pueblo who resides in Blackrock, N.M., was sentenced this morning in Albuquerque, N.M., to 36 months in prison followed by three years of supervised release for his abusive sexual contact conviction. Niiha will also be required to register as a sex offender.
Niiha was arrested in Aug. 2013, on an indictment charging him with sexually abusing a child under the age of 12 years. According to the indictment, Niiha committed the crime at some time between March 2002 and March 2003, in Zuni Pueblo in McKinley County, N.M.
On Feb. 25, 2015, Niiha entered a guilty plea to a felony information charging him with abusive sexual contact, and admitted sexually abusing the victim.
This case was investigated by the Albuquerque office of the FBI and Zuni Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
The case was filed 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/.
***media Advisory***Read the Press Release
ALBUQUERQUE –The New Mexico U.S. Attorney’s Office is hosting a joint meeting of the U.S. Attorney General’s Native American Issues Subcommittee (NAIS) and U.S. Attorneys’ Tribal Liaisons on Sept. 9 and 10, 2015, in Santa Ana Pueblo.
The NAIS is comprised of 30 U.S. Attorneys from across the United States whose Districts contain Indian Country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian Country issues, both criminal and civil, and is responsible for making policy recommendations to the U.S. Attorney General regarding public safety and legal issues that impact tribal communities. Montana U.S. Attorney Michael W. Cotter serves as Chairman of the NAIS and New Mexico U.S. Attorney Damon P. Martinez serves as Vice Chairman.
All U.S. Attorneys’ Offices with Indian Country responsibility have at least one Tribal Liaison to serve as the primary point of contact with tribes in the district. Tribal Liaisons are an important component of the efforts of the U.S. Attorneys’ Offices in Indian Country. The Tribal Liaison position was first established in 1995 and was codified with the passage of the Tribal Law and Order Act. In addition to their duties as prosecutors, Tribal Liaisons often coordinate and train federal and tribal law enforcement agents on the investigation and prosecution of violent crime and sexual abuse cases in Indian country.
While in New Mexico, the NAIS and Tribal Liaisons will meet with representatives from tribes in New Mexico. They also will meet with officials from BIA, Indian Health Services, the U.S. Department of the Interior, and the Justice Department’s Office of Justice Programs and Environmental and Natural Resources Division.
After the joint meeting of the NAIS and Tribal Liaisons, the Tribal Liaisons will participate in a two-day training seminar presented pursuant to the Justice Department’s National Indian Country Training Initiative that provides annual training for Tribal Liaisons covering legal updates as well as best practices for responding to violent crime in Indian Country. The training seminar also will address topics like Special Law Enforcement Commissions for tribal officers, investigation and prosecution of strangulation assaults, and measuring success in sexual assault prosecutions.
The opening session of the meeting of NAIS and Tribal Liaisons on Wednesday, Sept. 9, 2015, will be open to the press and will include welcoming remarks by Montana U.S. Attorney Michael W. Cotter, New Mexico U.S. Attorney Damon P. Martinez, and 1st Lt. Governor Antonio Chewiwi of the Pueblo of Isleta. It also will include remarks by Assistant Secretary of the Interior for Indian Affairs Kevin Washburn on Progress in Justice Services in Indian Country. U.S. Attorney Cotter, U.S. Attorney Martinez, Assistant Secretary Washburn, and other Justice Department officials will be available for interviews at the conclusion of the meeting’s opening session.
WHO: U.S. Attorney Michael W. Cotter for the District of Montana; U.S. Attorney Damon P. Martinez for the District of New Mexico; U.S. Attorney Deborah R. Gilg for Nebraska; Assistant Secretary of the Interior for Indian Affairs Kevin Washburn; Principal Deputy Assistant Attorney General, Sam Hirsch of ENRD
WHAT: Opening session of Joint Meeting of the Native American Issues; Subcommittee of the U.S. Attorney General’s Advisory Committee; and U.S. Attorneys’ Tribal Liaisons
WHEN: WEDNESDAY, SEPT. 9, 2015, 8:30 A.M. – 10:00 A.M.
WHERE: Hyatt Regency Tamaya
1300 Tuyuna Trail
Santa Ana Pueblo, New Mexico 87004
OPEN PRESS
NOTE: All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials. Media may begin to arrive at 8:15 a.m. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-366-1463 or alyssa.ferda@usdoj.gov.
Zuni Pueblo Man Pleads Guilty to Federal Cocaine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Ocvatius Qualo, 46, of Zuni Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a cocaine trafficking charge.
Qualo was arrested in June 2015, on a criminal complaint charging him with possession of cocaine with intent to distribute. Qualo was arrested on tribal charges on May 29, 2015 after a BIA officer found that Qualo was in possession of cocaine during a routine traffic stop on State Highway 53 in Zuni Pueblo in McKinley County, N.M. According to the complaint, Qualo had eight baggies, each of which contained a small amount of cocaine.
Qualo was indicted on June 24, 2015, and charged with possession of cocaine with intent to distribute. During today’s change of plea hearing, Qualo pled guilty to the indictment.
At sentencing, Qualo faces a statutory maximum penalty of 20 years in prison. His sentencing hearing has yet to be scheduled.
This case was investigated by the Northern Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.
Albuquerque Man Pleads Guilty to Narcotics Trafficking and Firearms Charges Arising Out of Armed Robberies of Two Retail Pharmacies in January and June 2015Read the Press Release
ALBUQUERQUE – Blake Gallardo, 22, of Albuquerque, N.M., pleaded guilty this morning in federal court to narcotics trafficking and firearms charges arising out of the armed robberies of two Albuquerque-area retail pharmacies in Jan. 2015. Under the terms of his plea agreement, Gallardo will be sentenced to a prison term within the range of 15 to 20 years.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Chief Gorden Eden, Jr., of the Albuquerque Police Department, Chief Pete N. Kassetas of the New Mexico State Police.
Gallardo was one of six defendants charged in four indictments that were announced by federal and local officials on April 29, 2015. The indictments alleged that the six defendants robbed retail pharmacies in Albuquerque to illegally obtain Oxycodone and other highly addictive opioid painkillers. The four indictments charged Gallardo, his co-defendant Josephine Duran, 23, and four other Albuquerque residents with crimes arising out of the armed robberies of retail pharmacies, including violations of the Controlled Substance Registrant Protection Act and the Safe Doses Act, laws passed to address the theft and diversion of prescription drugs.
At the time the indictments were announced, Gallardo and Duran had not been arrested and were considered fugitives. Thereafter, Duran was arrested on May 22, 2015, and Gallardo was arrested on June 11, 2015.
Gallardo and Duran were charged in Indictment 15-CR-1504 with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandishing a firearm during a crime of violence; (3) violating the Controlled Substance Registrant Act by robbery involving controlled substance; (4) violating the Safe Doses Act by theft of medical products; and (5) possession of Oxycodone with intent to distribute. These charges arose out of the armed robbery of a Walgreens Pharmacy located at 6565 Paradise Blvd. NW in Albuquerque on Jan. 30, 2015.
Today Gallardo entered a guilty plea to Counts 1, 2, 3 and 5 of the indictment, charges arising out of the Jan. 30, 2015 robbery of the Walgreens Pharmacy on Paradise Blvd. He also pleaded guilty to a felony information charging him with robbery involving controlled substance, a charge arising out of the June 6, 2015 robbery of a Walgreens Pharmacy located at 1201 Unser Blvd. NW in Albuquerque.
In his plea agreement, Gallardo admitted robbing both Walgreens Pharmacies at gunpoint. With respect to the Jan. 30, 2015 robbery, Gallardo entered the pharmacy, jumped over the pharmacy counter while brandishing a firearm, and ordered the pharmacist to open a locker in which controlled substances were stored. Gallardo pointed his firearm at the pharmacist, took her keys, opened the locker, and filled a bag with oxycodone. Gallardo and his co-defendant were arrested on state charges shortly after the robbery.
With respect to the June 6, 2015 robbery, the plea agreement states that Gallardo was armed with a firearm when he entered the pharmacy and jumped over on the pharmacy counter. He grabbed two pharmacy employees and directed them to the pharmacy’s controlled substance locker. Gallardo took several bottles of oxycodone from the locker and ran out of the pharmacy.
Gallardo has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled. His co-defendant, Josephine Duran, has entered a not guilty plea to the indictment. She remains in federal custody pending trial.
With respect to the four defendants who are charged in three other pharmacy robbery cases, three have entered not guilty pleas and are detained pending trial. The fourth has entered a guilty plea.
On July 1, 2015, Victor Hurtado, 20, pled guilty to felony charges arising out of the Jan.6, 2015 armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque. Under the terms of his plea agreement, Hurtado will be sentenced to a prison term within the range of ten to 18 years. He remains in federal custody pending his sentencing hearing, which is scheduled for Oct. 1, 2015.
Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
These cases were investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County. The cases are being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.
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.
These cases are being prosecuted pursuant to 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 cases also are being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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.
The Controlled Substance Registrant Protection Act was enacted in 1984, to combat the theft of prescription drugs from individuals and businesses registered with the DEA. It created penalties for entering a pharmacy’s premises for the purpose of stealing controlled substances, and includes enhanced punishment for using a dangerous weapon. The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs. It provides for enhanced sentences for those who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.
Ten Arrested on Firearms and Narcotics Trafficking Charges During Two-Day Law Enforcement Operation in Eddy CountyRead the Press Release
ALBUQUERQUE – A series of undercover investigations by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Pecos Valley Drug Task Force and the Artesia Police Department have resulted in the filing of federal firearms and narcotics trafficking charges against eleven individuals. On Sept. 1 and 2, 2015, law enforcement officers engaged in a multi-agency operation in Eddy County, N.M., and arrested seven of the federal defendants. The officers also arrested three others on state felony narcotics trafficking charges during the two-day law enforcement operation.
The results of the undercover investigations were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Commander James A. McCormack of the Pecos Valley Drug Task Force, and Chief Don Raley of the Artesia Police Department.
The seven federal defendants arrested during the law enforcement operation made their initial appearances in federal court in Roswell, N.M., this morning. One of the federal defendants is in state custody and will be transferred to federal custody to face the charges against him, and two others have yet to be apprehended and are considered fugitives. The eleventh federal defendant was shot and killed on Tuesday morning when officers attempted to arrest him.
The undercover investigations leading to the federal charges were led by the ATF office Las Cruces, the Pecos Valley Drug Task Force and the Artesia Police Department. During the course of the undercover investigations, law enforcement officers seized or purchased 21 firearms and ammunition, 49 ½ sticks of dynamite, approximately 240.16 grams of methamphetamine, a pound of marijuana, and 33 tablets of prescription opioids.
The following ten defendants are facing federal charges as a result of the undercover investigations:
- Victor R. Castillo, 36, of Artesia, N.M., is charged with being a felon in possession of a firearm and ammunition and unlawful possession of an unregistered short-barreled shotgun. The indictment alleges that Castillo committed the crimes in Eddy County in Jan. 2015. If convicted, Castillo faces a statutory maximum penalty of ten years in prison. Castillo was arrested on Sept. 1, 2015.
- Frederic Dodd, 39, of McIntosh, N.M., is charged with being a felon in possession of firearms and ammunition. The indictment alleges that Dodd committed the crime in Eddy County in May 2014. If convicted, Dodd faces a statutory maximum penalty of ten years in prison. Dodd was arrested on Sept. 1, 2015.
- Charles E. Gist, 56, of Artesia, N.M., and Jose Alfredo Villa, 34, of Lake Arthur, N.M., are charged with conspiracy to distribute methamphetamine and distribution of methamphetamine. The indictment alleges that the crimes were committed in Eddy County in Nov. and Dec. 2014. If convicted, each man faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in prison. Gist was arrested on Sept. 2, 2015, and Villa was arrested on Sept. 1, 2015.
- Dallas Ellis Hnulik, 27, of Artesia, N.M., is charged with distributing methamphetamine on two occasions. The indictment alleges that he committed the crimes in Eddy County in June and July 2014. If convicted, Hnulik faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in prison. Hnulik is in state custody on other charges and will be transferred to federal custody to face the charges in the indictment.
- Albert Douglas Lotts, 36, and Jackie Dean Brown, III, 34, both of Artesia, N.M., are charged with being felons in possession of firearms and ammunition. The indictment alleges that the two men committed these crimes in Eddy County in Jan. 2014. If convicted, each man faces a statutory maximum penalty of ten years in prison. Lotts was arrested on Sept. 1, 2015. Brown has yet to be arrested and is considered a fugitive.
- Jesus Adam Perez, 39, of McIntosh, N.M., is charged with the unlawful possession of a firearm and ammunition by a person convicted of a domestic violence misdemeanor and distributing marijuana. The indictment alleges that Perez committed these crimes in Eddy County in Nov. 2014. If convicted, Perez faces a statutory maximum of ten years in federal prison. Perez has yet to be arrested and is considered a fugitive.
- Floyd Albert Sherrell, 33, of Artesia, N.M. is charged with being a felon in possession of firearms and ammunition and distributing methamphetamine. The indictment alleges that he committed the crimes in Eddy County in June 2014. If convicted, Sherrell faces a statutory maximum penalty of ten years on the firearms charge and a statutory mandatory minimum penalty of five years and a maximum of 40 years in prison on the methamphetamine charge.
- Ronald Troy Bettencourt, 54, of Artesia, N.M., is charged in a five-count indictment that also charged Michael Todd Evans, 47. Bettencourt is charged with being a felon in possession of firearms and ammunition, being a felon in possession of explosives, and distributing methamphetamine. Bettencourt is alleged to have committed the crimes in Eddy County in Jan. 2014. If convicted, Bettencourt faces a statutory maximum penalty of ten years in prison on the firearms and explosives counts and a statutory mandatory minimum penalty of five years and a maximum of 40 years in prison on the methamphetamine charge. Bettencourt was arrested on Sept. 1, 2015. Evans was shot and killed on Sept. 1, 2015 when he opened fire on officers who were seeking to execute a warrant authorizing his arrest.
The prosecutions of Bettencourt, Brown, Castillo and Hnulik are being pursued 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 for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. This initiative recognizes that on a per capita basis, New Mexico’s violent crime rates, including that of Eddy County, significantly exceed the national average.
The following defendants, all of whom reside in Carlsbad, N.M., were arrested on state felony narcotics trafficking charges: Ricky Gauntt, 61, Leah Hayhurst, 29, and Amanda Lujan, 27.
Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases. The state cases are being prosecuted by the 5th Judicial District Attorney’s Office. The federal cases were investigated by the Las Cruces office of ATF, the Pecos Valley Drug Task Force and the Artesia Police Department. The following agencies participated in the Sept. 1-2, 2015 law enforcement operation: ATF, Pecos Valley Drug Task Force, Artesia Police Department, Carlsbad Police Department, Eddy County Sheriff’s Office, Lake Arthur Police Department, and the Probation and Parole Division of the New Mexico Corrections Department.
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.
Photographs of the federal fugitives, Jackie Dean Brown, III, and Jesus Adam Perez are attached to this press release. Anyone with information on the whereabouts of these fugitive is asked to contact the ATF in Las Cruces at 575-522-0699.
Jicarilla Apache Man Pleads Guilty to Assaulting a Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Lawrence Roybal, 53, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to assaulting a federal officer. The guilty plea was entered without the benefit of a plea agreement.
Roybal was arrested in May 2015, on a criminal complaint charging him with assaulting an officer with a dangerous weapon. According to the criminal complaint, Roybal attacked a Jicarilla Apache Tribal Police Officer with a pitchfork on May 11, 2015. The crime occurred in Dulce, N.M., which is within the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.
Roybal was indicted on June 9, 2015, and charged with assaulting a federal officer who was engaged in the performance of his official duties. The indictment alleges that the victim was a tribal officer commissioned as a special federal officer by the BIA at the time of the assault.
Today, Roybal entered a guilty plea to the indictment. At sentencing, he faces a statutory maximum sentence of 20 years in federal prison. Roybal has been in custody since his arrest and remains detained pending his sentencing hearing.
This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department. Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting the case.
Federal Jury Finds Francisco Melgar-Cabrera Guilty on Hobbs Act and Felony Murder Charges Arising from Armed Robbery of Two Albuquerque-Area Restaurants and the Murder of Stephanie Anderson in June 2009Read the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., today returned a guilty verdict against Francisco Melgar-Cabrera, 31, on Hobbs Act robbery and felony murder charges stemming from the armed robberies of two Albuquerque-area restaurants and murder of Stephanie Anderson in June 2009.
The guilty verdict was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Special Agent Carol K.O. Lee of the Albuquerque Division of the FBI, and Chief Gordon Eden, Jr., of the Albuquerque Police Department (APD).
In announcing the guilty verdict, U.S. Attorney Damon P. Martinez said, “Although today’s verdict cannot restore the loss of Stephanie Anderson, I hope that it will bring a measure of comfort and closure to her family and friends.” The U.S. Attorney also commended the officers and prosecutors who devoted more than six years to bring a justice to Ms. Anderson’s family and the others who were victimized by Melgar-Cabrera and his three cohorts, all of whom now stand convicted. “In particular, I want to recognize Assistant U.S. Attorney Louis E. Valencia and ATF Special Agent Paul Jessen, both of whom were on the case from the inception of the investigation and delayed retirement plans until all defendants were convicted.”
“I am extremely proud of the work of this office and our law enforcement partners. I would like to recognize the investigative efforts of ATF Special Agents and especially the efforts of ATF Special Agent Paul Jessen, who for years doggedly pursued Melgar-Cabrera for his role in the 2009 murder of Stephanie Anderson. I hope today's verdict of guilt brings some peace to Stephanie’s family,” stated ATF Special Agent in Charge Thomas G Atteberry. “ATF is committed to working with our law enforcement partners – at home and around the world – to take violent criminals off the streets and bring them to justice.”
“Many professionals from a multitude of agencies worked long and hard to make this day possible. The tragic death of Stephanie Anderson demanded justice, and the FBI and its partners in this country and in El Salvador made sure justice was served,” said FBI Special Agent in Charge Carol K.O. Lee. “In addition to the FBI Special Agents and other staff involved in this case, I want to thank the FBI Legal Attaché in San Salvador, the U.S. Department of State, U.S. Department of Justice Office of International Affairs, U.S. Attorney's Office, the FBI's Transnational Anti-Gang Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service, U.S. Immigration and Customs Enforcement, the Government of El Salvador, and the Albuquerque Police Department.”
“We hope this step brings a sense of closure and justice to Ms. Anderson’s family and all of those involved,” APD Chief Gorden Eden said. “Our goal in law enforcement is to pursue justice no matter how long it takes or how many hurdles we may face. I am thankful for all of our law enforcement partnerships and the positive impact we are able to have especially when dangerous criminals like Melgar-Cabrera face extended federal sentences.”
The long delay in bringing Melgar-Cabrera, a Salvadoran national, to trial was occasioned by his flight to El Salvador shortly after Ms. Anderson was murdered. He was arrested on Sept. 14, 2013, by Salvadoran law enforcement authorities, and was extradited to the United States on May 21, 2014. By that time, Melgar-Cabrera’s three co-defendants had entered guilty pleas and had been sentenced.
Melgar-Cabrera and two co-defendants Marvin Aguilar-Lopez and Pablo De Leon Ortiz, both Salvadoran nationals, were indicted in Oct. 2009, and charged with violating the Hobbs Act by robbing a business involved in interstate commerce, felony murder and firearms offenses. The charges arose from the armed robbery of a Denny’s Restaurant located at 1602 Coors Blvd. NW in Albuquerque on June 20, 2009, and the murder of Ms. Anderson, a cook at the restaurant.
In April 2010, the indictment was superseded to add Melgar-Cabrera’s brother, Jose Melgar-Cabrera, also a Salvadoran national, as a defendant. Jose Melgar-Cabrera was charged as an accessory after the fact for assisting Melgar-Cabrera’s flight to avoid apprehension. A second superseding indictment, filed in Oct. 2010, added four new robbery and firearms offenses against Melgar-Cabrera, Aguilar-Lopez and De Leon Ortiz that arose out of the armed robbery of a Lone Star Steakhouse & Saloon located at 10019 Coors Blvd. NW in Albuquerque on June 13, 2009.
The trial of Melgar-Cabrera for the armed robbery of two businesses involved in interstate commerce and felony murder began on Aug. 25, 2015 and ended today when the jury returned a verdict of guilty on all three charges. During the trial, the jury learned that Melgar-Cabrera, Aguilar-Lopez and De Leon Ortiz robbed the Lone Star Steakhouse at gunpoint at 11:00 a.m. on June 13, 2009. Witnesses testified that they saw two masked men with firearms rush the restaurant’s general manager, who was on his way to deposit the prior day’s receipts, and push their guns into his stomach. One of the masked men took the money bag from the general manager and the other took money from the general manager’s wallet. A third man drove the two masked men away in a gold-colored car. The evidence revealed that Melgar-Cabrera was the man who drove the two masked men, Aguilar-Lopez and De Leon Ortiz, away from the Lone Star Steakhouse.
The evidence also established that on the morning of June 20, 2009, Melgar-Cabrera, Aguilar-Lopez and De Leon-Ortiz, who were masked and armed, charged into the Denny’s Restaurant, brandished their weapons, and demanded that everyone get down on the floor. The men were in the Denny’s for a few minutes during which a frenzy of activity ensued including the following: a restaurant employee dropped a tray of beverages and Aguilar-Lopez slipped on the wet floor and fired his weapon; De Leon-Ortiz grabbed the manager, held a gun to his head, and threatened to kill him if he didn’t turn over the restaurant’s money; and Melgar-Cabrera threatened a waitress and demanded that she open the cash register. After Melgar-Cabrera and De Leon-Ortiz grabbed cash out of the register, the three men fled from the restaurant. Shortly thereafter, Ms. Anderson, who was struck by the bullet fired by Aguilar-Lopez, died of a gunshot wound.
About 20 minutes later, APD officers who were conducting surveillance in the area of the Denny’s restaurant as part of a robbery tactical plan followed Aguilar-Lopez as he drove to Melgar-Cabrera’s residence where they arrested him. The APD officers found evidence of the Denny’s robbery, including a revolver, a rifle, trays of rolled coins and Denny’s gift cards, in the car. De Leon-Ortiz was arrested by APD officers about 40 minutes after the robbery. Melgar-Cabrera, who were in his residence when Aguilar-Lopez was arrested, fled out the back door. Thereafter, Melgar-Cabrera fled to El Salvador with the aid of his brother.
Melgar-Cabrera has been in federal custody since he was extradited to the United States in May 2014 and remains detained pending a sentencing hearing, which has yet to be scheduled. At sentencing, Melgar-Cabrera faces a statutory maximum penalty of 20 years on each of the two robbery charges and a statutory maximum penalty of life imprisonment on the felony murder charge.
Aguilar-Lopez and De Leon Ortiz each entered guilty pleas to armed robbery and felony murder charges. Aguilar-Lopez was sentenced to 40 years in prison and De Leon Ortiz was sentenced to a 35-year term of imprisonment. They will be deported after completing their prison sentences. Jose Melgar-Cabrera pled guilty to being an accessory after the fact and was sentenced to 48 months in prison. After completing his prison sentence, Jose Melgar-Cabrera was deported to El Salvador.
This case was investigated by the Albuquerque offices of ATF and FBI and APD, and is being prosecuted by Assistant U.S. Attorneys Louis E. Valencia and Presiliano A. Torrez.
Pine Hill Man Pleads Guilty to Federal Marijuana Trafficking ChargeRead the Press Release
ALBUQUERQUE – Patrick Martinez, 28, of Pine Hill, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a marijuana trafficking charge.
Martinez was arrested on April 28, 2015, on a three-count indictment charging him with distributing marijuana. The indictment alleged that Martinez distributed marijuana on three separate occasions between May 2014 and July 2014, in Cibola County, N.M. Each of the three transactions took place on the Ramah Navajo Indian Reservation.
During his change of plea hearing, Martinez entered a guilty plea to Count 1 of the indictment and admitted selling marijuana to an undercover officer on May 2, 2014.
At sentencing, Martinez faces a statutory maximum penalty of five years in prison. His sentencing hearing has yet to be scheduled.
This case was investigated by the Ramah Navajo Tribal Police Department, the Albuquerque office of the BIA’s Office of Justice Services, and the Gallup office of the FBI. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.
Acoma Pueblo Man Sentenced to Federal Prison for Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Michael Paul Cerno, 38, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 65 months in prison followed by five years of supervised release for his child sexual abuse conviction. Cerno will be required to register as a sex offender after completing his prison sentence.
Cerno was arrested on Aug. 22, 2014, on a criminal complaint charging him with sexually abusing a 14-year-old Acoma Pueblo girl in July 2011. According to the complaint, Cerno got the victim intoxicated before violating her. Federal law enforcement authorities initiated the investigation leading to Cerno’s arrest in March 2014.
Cerno was indicted in June 2014, charged with sexually abusing the victim in July 2011 in Acoma Pueblo in Cibola County, N.M. He pled guilty to the indictment on Nov. 19, 2014, and admitted sexually assaulting the victim in July 2011 at a time when the victim was physically incapable of declining to engage in a sexual act because she was intoxicated.
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services, and the Acoma Pueblo Tribal Police Department.
The case was prosecuted by Assistant U.S. Attorney David Adams 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/.
Statement by U.S. Attorney’s Office Regarding Fatal Shooting of Artesia Man During Federal Arrest OperationRead the Press Release
ALBUQUERQUE – An Artesia, N.M., man was shot and killed early this morning during a federal arrest operation. The man, Michael Todd Evans, 47, was fatally shot after he opened fire on officers who went to his residence to execute a warrant authorizing his arrest. An ATF Special Agent sustained a non-lethal injury when he was shot by Evans. In accordance with normal procedures, the circumstances surrounding the shooting are being reviewed. No further information will be made available at this time.
Kirtland, N.M., Man Sentenced to 100 Months for Conviction on Federal Sexual Assault ChargesRead the Press Release
ALBUQUERQUE – Steven Michael John was sentenced today in federal court in Santa Fe, N.M., to 100 months in prison followed by five years of supervised release for his conviction on sexual assault charges. John will be required to register as a sex offender after he completes his prison sentence. John’s sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Division of Public Safety.
John, 23, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., was arrested on July 24, 2013, on a criminal complaint alleging sexual abuse charges. John was indicted on Aug. 14, 2013, and charged with attempted aggravated sexual abuse and abusive sexual contact. The indictment alleged that John attempted to force the victim to engage in a sexual act at a location within the Navajo Indian Reservation in San Juan County, N.M., on July 18, 2013. It also alleged that John engaged in sexual contact with the victim on that day.
Trial of this case began on Aug. 18, 2014, and concluded on Aug. 20, 2014 when the jury returned a guilty verdict on both counts of the indictment.
The evidence at trial established that on the afternoon of July 18, 2013, John broke into a residence in Sanostee, N.M., and attempted to rape a 16- year-old Navajo girl. The victim was taking a shower when John entered the residence and attacked her. Although the victim resisted John’s attack and was able to prevent John from raping her, John groped the victim’s naked body during their struggle. After John fled from the residence, the victim called 911 and reported the assault. The evidence presented to the jury included photographs of the injuries the victim suffered as she struggled against John’s attack, and the testimony of medical professionals who treated the victim after the assault.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. The case was prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Kristopher N. Houghton.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Farmington Man Pleads Guilty to Robbing First Convenience Bank Branch in March 2015Read the Press Release
ALBUQUERQUE – Richard Allen Buckner, 22, of Farmington, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a bank robbery charge. The guilty plea was entered without the benefit of a plea agreement.
Buckner was arrested on March 20, 2015, on a criminal complaint alleging that he robbed the First Convenience Bank- East Banking Center located in the Walmart store located at 4600 East Main Street in Farmington on March 18, 2015. According to the complaint, a man later identified as Buckner approached a bank teller with a handwritten note demanding cash. After obtaining cash from the bank teller, Buckner left in a vehicle. Thereafter two witnesses contacted the Farmington Police Department and identified Buckner as the bank robber after viewing surveillance photographs. The investigation revealed that Buckner used part of the money from the bank robbery to make a down payment on a vehicle.
Buckner was indicted on a bank robbery charge on April 14, 2015. Buckner entered a guilty plea to the indictment this morning. At sentencing, Buckner faces a maximum penalty of 20 years in prison followed by up to three years of supervised release.
This case was investigated by the Farmington office of the FBI and the Farmington Police Department. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.
Albuquerque Man Sentenced to Prison for Laundering Money for Major Narcotics Trafficking OrganizationRead the Press Release
ALBUQUERQUE – Jerome Eckstein, 39, of Albuquerque, N.M., was sentenced today in federal court to 15 months in prison followed by three years of supervised release for his money laundering conviction. Eckstein also was fined $46,100.55, reflecting the cost associated with his incarceration and term of supervised release.
Eckstein was one of 19 defendants charged in Dec. 2012, with drug trafficking and money laundering charges in a 60-count indictment. The indictment was superseded twice; first in Feb. 2014, to add a 20th defendant and a witness tampering charge, and again in Sept. 2014, to add another witness tampering charge and a heroin trafficking charge.
The charges filed in the case were the result of a 16-month multi-agency investigation into a drug trafficking organization headed by Christopher Roybal, 35, also of Albuquerque, which was led by the FBI, IRS and Albuquerque Police Department with assistance from the DEA, the HIDTA Region I Narcotic Task Force and the Bernalillo County Sheriff’s Office. The investigation, code-named “Operation Rain Check,” was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The original indictment charged Christopher Roybal and ten others, with conspiracy to distribute large quantities of cocaine in New Mexico between Aug. 2011 and Dec. 2012. It also charged Christopher Roybal and nine others with conspiracy to distribute marijuana between Oct. 2011 and Dec. 2012. Additionally, the indictment included three separate money laundering conspiracies, 22 money laundering offenses, and 18 “telephone counts,” offenses alleging the use of a communications device to facilitate a drug trafficking offense. The indictment was superseded in May 2014, to add a new charge against George Roybal, 53, of Albuquerque, alleging that he threatened an FBI informant to prevent the informant from testifying at the trial of this case which was then scheduled to begin on May 19, 2014. It was superseded again in Sept. 2014, to add two new charges alleging another defendant attempted to murder an FBI informant to prevent that informant from testifying at the trial of this case which was then scheduled to begin on Nov. 10, 2014, and with distributing heroin in Bernalillo County, N.M., in May 2014.
On March 5, 2015, Eckstein pled guilty to a money laundering charge in the second superseding indictment. In entering his guilty plea, Eckstein admitted that between Nov. 2011 and Dec. 2012, he received a large sum of cash from an undercover agent as part of a sting operation. Eckstein further admitted that he should have known that the undercover agent was holding himself out to be a drug dealer and that the cash he provided to Eckstein were drug proceeds. Eckstein admitted paying money back to the undercover agent with checks made payable to fictitious companies for work that was never performed.
With the exception of one defendant who is participating in a pretrial diversion program under the supervision of the U.S. Probation Office, all 18 defendants have entered guilty pleas.
This case was investigated by the Albuquerque office of the FBI, IRS Criminal Investigation and the Albuquerque Police Department, with assistance from the DEA, the HIDTA Region I Narcotics Task Force and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Joel R. Meyers and Shana B. Long are prosecuting the case. Assistant U.S. Attorney Stephen R. Kotz is responsible for litigating the related civil asset forfeiture actions.
The HIDTA Region I Narcotics Task Force is comprised of the Albuquerque Police Department, Albuquerque office of the DEA, Pojoaque Tribal Police Department, Rio Rancho Police Department, Sandoval County Sheriff’s Office and the Valencia County Sheriff’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.
Los Lunas Man Arraigned on Federal Production of Child Pornography OffensesRead the Press Release
ALBUQUERQUE – Martin Perea, 35, of Los Lunas, N.M., was arraigned this morning in federal court in Albuquerque, N.M., on an indictment charging him with nine counts of production of visual depictions of minors engaged in sexually explicit conduct.
The nine-count indictment, which was filed by a federal grand jury on Aug. 25, 2015, alleges that Perea induced and coerced a minor to engage in sexually explicit conduct for the purpose of producing child pornography on nine separate occasions between Oct. 2014 and March 2015. The indictment further alleges that Perea committed these crimes in Valencia County, N.M.
Perea was arrested on Aug. 4, 2015, by the FBI on a criminal complaint charging him with production and possession of child pornography, and made his first appearance in federal court the following day. He has been in custody since that time and remains detained pending trial, which has yet to be scheduled.
According to the criminal complaint filed in this case, the FBI began an investigation into Perea on July 24, 2015, when the Valencia County Sheriff’s Office reported receiving information from the Spokane (Washington) Police Department alleging that Perea sexually abused an eight-year-old child and produced child pornography.
The complaint alleges that on July 1, 2015, the victim’s mother discovered pornographic images and videos of Perea and the victim on a memory card she took from Perea’s cellular telephone. The mother allegedly confronted Perea about the pornographic photographs and videos later that day. Two days later, the mother fled with the victim to Spokane, Wash., after Perea allegedly threatened to burn her and her home if she did not return the memory card to him. Once in Spokane, the mother contacted local law enforcement authorities to file a complaint against Perea.
After the memory card was transferred from the Spokane Police Department to the Valencia County Sheriff’s Office, the FBI obtained a federal search warrant for the card. On July 28, 2015, the search warrant was executed at the New Mexico Regional Computer Forensic Laboratory where the contents of the memory card were downloaded. The complaint alleges that the memory card contained approximately 111 video files and more than 980 image files, including multiple videos and images which allegedly contained child pornography.
If convicted on the production of child pornography charge, Perea faces a prison sentence of not less than 15 years and not more than 30 years in federal prison. Perea also would be required to register as a sex offender. Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI, the Valencia County Sheriff’s Office and the New Mexico Computer Forensic Laboratory with assistance from the Spokane Police Department.
The case is being prosecuted by Assistant U.S. Attorney Shammara H. Henderson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 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 NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Las Cruces Man Sentenced to Federal Prison for Robbing First Light Federal Credit Union in Las Cruces in July 2013Read the Press Release
ALBUQUERQUE – Dominic Tyrel Holland, 28, of Las Cruces, N.M., was sentenced this morning to 40 months in federal prison followed by two years of supervised release for his bank robbery conviction.
Holland was arrested on July 31, 2013, on a criminal complaint charging him with robbing the First Light Federal Credit Union in Las Cruces on that day. He subsequently was indicted on that same charge. According to the criminal complaint, Holland approached a bank teller and presented a note demanding money. After obtaining money from the bank teller, Holland left the bank on foot. After witnesses at the bank identified Holland as the bank robber, officers of the Las Cruces Police Department located Holland at an apartment complex and placed him under arrest.
Holland pled guilty to the indictment on Oct. 31, 2013, and admitted robbing the First Light Federal Credit Union in Las Cruces N.M., on July 31, 2013. He entered his guilty plea without the benefit of a plea agreement.
The case was prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office. It was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department.
Arizona Woman Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Janette Marline Montero, 21, of Glendale, Ariz., pleaded guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Montero was arrested on Aug. 5, 2015, at the Greyhound Bus Station in Albuquerque after DEA agents found almost nine pounds of heroin in her baggage. Montero was indicted on Aug. 25, 2015, and charged with possession of heroin with intent to distribute.
During today’s proceedings, Montero pled guilty to a felony information and admitted carrying heroin in her suitcase on Aug. 5, 2015, while she was at the Greyhound Bus Station in Albuquerque. Montero acknowledged that law enforcement officers found the heroin after she gave them consent to search her suitcase. Montero admitted that she was transporting the heroin with the intention of distributing it in Chicago, Ill., and that she would get paid for delivering the heroin.
At sentencing, Montero faces a statutory maximum penalty of 20 years in prison. Montero is in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Federal Grand Jury Files Superseding Indictment Charging Andrew Steven Romero with New Offenses Arising Out of Armed Robberies in April and May 2015Read the Press Release
ALBUQUERQUE – A federal grand jury has returned a superseding indictment that adds new charges against Andrew Steven Romero, 28, of Albuquerque, N.M., which arise out of the armed robberies of two Albuquerque-area businesses involved in interstate commerce.
The filing of the superseding indictment was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel L. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Romero initially was charged with violating the federal firearms laws in a criminal complaint filed on May 29, 2015. The complaint alleged that Romero unlawfully possessed a firearm and ammunition on May 25 and May 26, 2015, in Bernalillo County, N.M. At the time, Romero was prohibited from possessing either firearms or ammunition because he previously has been convicted of multiple felony offenses, including voluntary manslaughter, tampering with evidence, aggravated assault with a deadly weapon, contributing to the delinquency of a minor, possession of a destructive device by a felon, heroin trafficking, and receiving or transferring a motor vehicle.
On June 9, 2015, a federal grand jury filed a one-count indictment charging Romero with being a felon in possession of a firearm on May 25, 2015, in Bernalillo County. The superseding indictment adds four new counts to the original indictment. Two of the new counts charge Romero with violating the Hobbs Act by robbing two businesses engaged in interstate commerce. The other two new counts charge Romero with brandishing firearms during crimes of violence.
According to the superseding indictment, Romero allegedly committed the armed robbery of the CVS Pharmacy located at 7900 Central Avenue in Albuquerque on April 6, 2015. It also alleges that Romero committed the armed robbery of the Giant convenience store and gas station located at 924 Rio Grande Blvd. NW in Albuquerque on May 26, 2015. Romero allegedly brandished firearms at employees of the two businesses during the two armed robberies.
Romero was arrested on May 26, 2015, on related State charges and is currently in State custody. He will be transferred to federal custody to answer to the federal superseding indictment.
Romero faces up to ten years in federal prison if convicted of being a felon in possession of a firearm. If the court determines that Romero is an armed career criminal, he faces an enhanced sentence of a mandatory minimum of 15 years in prison to a maximum of life imprisonment on that charge. Romero also faces a statutory maximum penalty of 20 years in prison on each of the two Hobbs Act charges. If convicted of brandishing firearms during the robberies, Romero faces a mandatory minimum of seven years for the April 2015 robbery and a mandatory minimum of 25 years for the May 2015 robbery; these sentences must be served consecutive to any sentence imposed on the felon in possession charge and the Hobbs Act charges.
Charges in criminal complaints and indictments are merely accusations. Defendants are presumed innocent unless found guilty in a court of law.
Assistant U.S. Attorneys Kimberly A. Brawley and Jon K. Stanford are prosecuting the federal case, which was investigated by a multi-jurisdictional team that includes the Albuquerque offices of the FBI and ATF, APD and the Multi-Agency Officer Involved Shooting Task Force, which is comprised of officers from APD the Bernalillo County Sheriff’s Office, the New Mexico State Police and the Rio Rancho Police Department. The 13th Judicial District Attorney’s Office assisted in the investigation of the federal case.
Romero 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.
Navajo Man from Gamerco, N.M., Sentenced for Making a False Statement to FBIRead the Press Release
ALBUQUERQUE – This morning in federal court, Benson Pete, 75, an enrolled member of the Navajo Nation who resides in Gamerco, N.M., was sentenced to 33 months in federal prison followed by three years of supervised release for making a false statement to the FBI.
Pete was arrested on June 3, 2014, on an indictment charging him two counts of sexual abuse of a child under the age of 12. According to the indictment, the crimes were committed between Jan. 1, 2013 and March 31, 2013, within the Navajo Nation in McKinley County, N.M.
On March 30, 2015, Pete pled guilty to an information charging him with making a false statement to a law enforcement agency. In entering the guilty plea, Pete admitted that on July 30, 2013, he provided false information regarding the aggravated sexual abuse of a victim to the FBI. Pete also admitted that he withdrew any claims that he was coerced to make the false statements by an FBI agent, and acknowledged that he voluntarily made the false statements.
This case was investigated by the Gallup office of the FBI and was prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Raquel Ruiz-Velez.
Federal Jury Finds Former Owner of Albuquerque Smoke Shop Guilty on Synthetic Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – This afternoon a federal jury sitting in Santa Fe, N.M., found Firas Abuzuhrieh, 38, of Albuquerque, N.M., guilty on federal synthetic drug trafficking charges after a four-day trial. The guilty verdict was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division.
Abuzuhrieh, then the owner of the Ace Smoke Shop & Hookah Lounge (Smoke Shop) located on Juan Tabo Blvd. NE in Albuquerque, and his employee Islam Kandil, 40, were arrested on Sept. 23, 2014, and charged by criminal complaint with trafficking in synthetic cannabinoids, more commonly known as “spice.” The two men were subsequently charged in a three-count indictment with conspiracy to distribute “spice.” The indictment also charged each man with distributing spice.
According to the indictment, the two men conspired to sell “spice” in Bernalillo County from Aug. 14, 2014 to Aug. 18, 2014. It also alleged that Kandil sold “spice” to an undercover DEA agent at the Smoke Shop on Aug. 14, 2014, and that Abuzuhrieh sold “spice” to an undercover DEA agent at the Smoke Shop on Aug. 18, 2014.
The indictment was superseded in July 2015 to expand the time frame of the conspiracy to cover the period between Aug. 14, 2014 and Sept. 22, 2014. The superseding indictment also added three counts of possession of “spice” with intent to distribute against Abuzuhrieh.
Kandil pled guilty on Aug. 19, 2015, to a misdemeanor information charging him with simple possession of “spice,” and admitted possessing 2.3 grams of “spice” on Aug. 14, 2014.
Abuzuhrieh elected to proceed to trial on the five-count superseding indictment. The trial began on Aug. 24, 2015, and concluded this afternoon when the jury returned a verdict finding him guilty on all five counts. The evidence at trial established that Abuzuhrieh sold “spice” to an undercover DEA agent on Aug. 18, 2014. It also established that on Sept. 22, 2014, when DEA agents arrested Abuzuhrieh, he was in possession of a key that opened a suite located in the same complex as the Smoke Shop. When the agents searched the Smoke Shop and the suite, they found approximately 62 kilograms of “spice.”
Abuzuhrieh is in federal custody and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, he faces a statutory maximum penalty of 20 years in prison.
Under the terms of his plea agreement, Kandil will be sentenced to 360 days in prison followed by up to one year of supervised release. He remains in custody pending a sentencing hearing which is scheduled for Sept. 17, 2015.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Shana B. Long.
The controlled substance analogues charged in the complaints and indictment are commonly referred to as synthetic marijuana 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.
California Man Sentenced for Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Darmarvis Marquel Lee, 30, of San Bernardino, Calif., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 27 months in prison followed by two years of supervised release for his heroin trafficking conviction.
Lee was arrested on Aug. 22, 2014, at the Amtrak Train Station in Albuquerque after a consensual search of his baggage by DEA agents revealed that he was in possession of 2.28 kilograms of heroin. Lee subsequently was indicted on Sept. 9, 2014, and charged with possession of heroin with intent to distribute.
On May 5, 2015, Lee pled guilty to the indictment. In his plea agreement, Lee admitted that on Aug. 22, 2014, while he was on an Amtrak train and during a stop in Albuquerque, law enforcement officers found two wrapped bundles containing heroin in his baggage. He also admitted that he was paid $4,000.00 to transport and deliver the drugs.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Rumaldo Armijo prosecuted the case.
This case was prosecuted as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Albuquerque Man Sentenced to Prison for Federal Armed Bank Robbery and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Jeremy Gabriel Trujillo, 35, of Albuquerque, N.M. was sentenced today in federal court to 130 months in prison followed by five years of supervised release for his conviction on armed bank robbery and firearms charges. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Trujillo was arrested on July 28, 2014, on a criminal complaint charging him with robbing the Bank of Albuquerque branch on Wyoming Blvd. NE in Albuquerque, N.M. The criminal complaint alleged that Trujillo robbed the bank at gunpoint that day. On Aug. 26, 2014, Trujillo was indicted and charged with being a felon in possession of a firearm and ammunition; armed bank robbery; and brandishing a firearm during a crime of violence. Court records reflect that in July 2014, Trujillo was prohibited from possessing firearms or ammunition because he previously had been convicted of at least two felony offenses.
On Dec. 11, 2014, Trujillo entered guilty pleas to Counts 2 and 3 of the indictment charging him with armed bank robbery and brandishing a firearm during a crime of violence. Trujillo admitted entering the Bank of Albuquerque branch and brandished a firearm in the direction of three bank tellers while demanding that they give him cash. After the bank tellers complied with his demands, Trujillo left the bank.
During today’s sentencing hearing, Trujillo was ordered to pay restitution to the Bank of Albuquerque. Trujillo also was ordered to pay restitution to two other Albuquerque-area banks which were robbed at gunpoint in April 2014 and May 2014.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney David M. Walsh prosecuted 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 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.
Prior Felon from Eunice Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Ramon Perez, Sr., 34, of Eunice, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 72 months in prison followed by three years of supervised release for violating federal firearms laws.
Perez was 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. 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 under this initiative.
Perez was arrested on Nov. 17, 2014, on an indictment charging him with unlawfully possessing firearms and ammunition on Dec. 31, 2013, in Lea County, N.M. At the time, Perez was prohibited from possessing firearms and ammunition because he previously had been convicted of numerous felony offenses including possession of cocaine, discharging a firearm, possession of narcotics with intent to distribute, possession of a firearm during the commission of a felony and possession of a controlled substance.
On March 25, 2015, Perez pled guilty to the indictment and admitted possessing three pistols, two of which had obliterated serial numbers, and multiple rounds of ammunition.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lea County Drug Task Force and the New Mexico State Police. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM 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.
Mexican National Pleads Guilty to Federal Narcotics Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Maria Marcelina Cardoza-Burciaga, 39, a Mexican national, pleaded guilty this afternoon in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.
Cardoza-Burciaga, and co-defendant Joel Dominguez-Morales, 40, a Mexican national, were arrested in May 2015, on a criminal complaint charging them with possession of methamphetamine with intent to distribute. The criminal complaint charged the duo with negotiating the sale of eight pounds of methamphetamine to an undercover agent in early May 2015, in Lea County, N.M. It also alleged that they were arrested on May 6, 2015, when they attempted to complete the drug deal.
Cardoza-Burciaga and Dominguez-Morales were subsequently indicted on July 23, 2015, in a one-count indictment that also charged three other defendants: Jose Manuel Trujillo, 40, a Mexican national, Myrna Orozco, 31, of Denver City, Texas, and Javier Amador Flores, 48, of Hobbs, N.M. According to the indictment, the five defendants conspired to distribute methamphetamine from May 1, 2015 through May 6, 2015, in Lea County.
During today’s proceedings, Cardoza-Burciaga pled guilty to the indictment and admitted that on May 6, 2015, she conspired with her co-defendants to distribute methamphetamine. She also admitted delivering methamphetamine to one of her co-defendants at an abandoned bar in Hobbs. She acknowledged that she delivered the methamphetamine for the purpose of distributing it to other individuals.
At sentencing, Cardoza-Burciaga faces a maximum statutory penalty of 20 years in prison followed by not less than three years of supervised release. She remains in custody pending a sentencing hearing which has yet to be scheduled.
Dominguez-Morales, Orozco and Flores have entered not guilty pleas to the indictment and are awaiting trial. Charges in criminal complaints and indictments are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt. Trujillo has yet to be arrested and is considered a fugitive.
This case was investigated by Homeland Security Investigations, U.S. Customs and Border Protection, and the Lea County Drug Task Force. Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM 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.
Curry County Woman Sentenced to 60 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jeanette Driever, 38, of Grady, N.M., was sentenced today in Albuquerque, N.M., to 60 months in prison for her methamphetamine trafficking conviction. Driever will be on supervised release for five years after completing her prison sentence.
Driever and her three co-defendants, Christopher Jason Kidd, 38, Tina Tafoya, 33, and John Jesse Perez, Jr., 46, all of Clovis, N.M., were indicted in Feb. 2014, on federal methamphetamine trafficking charges. Count 1 of the three-count indictment charged the four defendants with conspiring to distribute methamphetamine in Curry County, N.M., between Sept. 2013 and Nov. 2013. Count 2 charged Kidd and Tafoya with possession of methamphetamine with intent to distribute on Nov. 6, 2013. Count 3 charged Driever and Perez with possession of methamphetamine with intent to distribute also on Nov. 6, 2013.
Driever and Perez entered guilty pleas to federal drug trafficking charges on Nov. 20, 2014. Each pled guilty to participating in a conspiracy to distribute methamphetamine in Curry County. Driever admitted that she and Perez obtained quantities of methamphetamine from Kidd and Tafoya and then distributed the methamphetamine to others. Perez acknowledged participating in a methamphetamine trafficking conspiracy that involved Driever, Kidd, Tafoya and others.
Tafoya entered a guilty plea on Dec. 17, 2014, and admitted conspiring with Kidd, Driever and Perez to distribute methamphetamine in Curry County in fall of 2013. Kidd entered a guilty plea on Nov. 17, 2014, and admitted that he conspired with his co-defendants to distribute methamphetamine in Curry County. More specifically Kidd admitted that he and Tafoya supplied quantities of methamphetamine to others, including Driever and Perez, who resold the methamphetamine in smaller quantities to users. According to Kidd’s plea agreement, on Nov. 9, 2013, Kidd and Tafoya supplied a pound of methamphetamine to Driever and Perez. On that day, Kidd and Tafoya possessed another half-pound of methamphetamine at their residence. The methamphetamine was seized later that day pursuant to search warrants.
Kidd was sentenced on June 16, 2015, to 78 months in prison followed by five years of supervised release. Tafoya was sentenced on July 23, 2015, to 78 months in prison followed by five years of supervised release. Under the terms of his plea agreement, Perez will be sentenced to 36 months followed by a period of supervised release to be determined by the court. Perez remains in custody pending his sentencing hearing which is currently scheduled for Sept. 22, 2015.
This case was investigated by the Las Cruces Agency Office of the FBI’s Albuquerque Division, the Region V Drug Task Force and the New Mexico State Police, with assistance from the Ninth Judicial District Attorney’s Office. The Region V Drug Task Force is comprised of the Clovis Police Department, the Portales Police Department, Curry County Sheriff’s Office and the Roosevelt County Sheriff’s Office. Assistant U.S. Attorney Nicholas Jon Ganjei is prosecuting the case.
Acoma Pueblo Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Dwight T. Brown, 18, a member and resident of Acoma Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to an involuntary manslaughter charge. The guilty plea was entered without the benefit of a plea agreement.
Brown was arrested on April 15, 2015, on a criminal complaint charging him with killing an Indian child on April 9, 2015, while driving under the influence of alcohol on the Acoma Pueblo in Cibola County, N.M. During today’s hearing, Brown pled guilty to a felony information charging him with involuntary manslaughter in connection with the death of the victim.
At sentencing, Brown faces a statutory maximum penalty of eight years in federal prison. Maximum potential sentences are prescribed by Congress and the sentence imposed on Brown will be determined by the court. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.
Newcomb, N.M., Man Sentenced to Prison for Federal Aggravated Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Michael Randolph, 31, an enrolled member of the Navajo Nation who resides in Newcomb, N.M., was sentenced this morning in Albuquerque, N.M., for an aggravated sexual abuse charge. Randolph was sentenced to 144 months in prison followed by ten years of supervised release. He will be required to register as a sex offender after he completes his prison sentence.
Randolph was arrested on Dec. 30, 2013, on a criminal complaint alleging that he sexually abused a child under the age of 12 years on Dec. 19, 2013, within the Navajo Indian Reservation in San Juan County, N.M. Randolph subsequently was indicted on that same charge.
On Feb. 18, 2015, Randolph entered a guilty plea to a felony information charging him with aggravated sexual abuse. Randolph admitted assaulting the victim by intentionally touching the victim’s genitalia with his hands and fingers.
This case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Office of the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback 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/.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Christopher Bigmouth, 25, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty this afternoon in Las Cruces, N.M., to an assault resulting in serious bodily injury charge. Under the terms of his plea agreement, Bigmouth will be sentenced to 84 months in prison followed by a term of supervised release to be determined by the court.
Bigmouth was arrested on Feb. 20, 2015, on a criminal complaint charging him with assaulting a 14-month-old child on Aug. 22, 2014, by dropping the victim on her head three times. It alleged that the assault occurred on the Mescalero Apache Indian Reservation in Otero County, N.M., The victim was seriously injured and required emergency brain surgery to reduce swelling of the brain.
During today’s proceedings, Bigmouth pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering the plea, Bigmouth admitted that on Aug. 22, 2014, he intentionally dropped the victim on the floor three times, and that his actions resulted in several injuries to the victim including significant brain swelling requiring emergency surgery and long term cognitive, motor and visual impairment. A sentencing hearing has yet to be scheduled.
This case was investigated by Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Resident Sentenced to Five Years in Federal Prison for Trafficking Heroin in Doña Ana CountyRead the Press Release
ALBUQUERQUE – Angel Linares, 20, of Las Cruces N.M., was sentenced today in Las Cruces federal court to five years in federal prison followed by four years of supervised release for heroin trafficking charges in connection with five cases filed in 2013, as the result of a multi-agency investigation into drug trafficking in Doña Ana County, N.M.
Linares, together with a Mexican national and 19 other Las Cruces residents, were charged with heroin trafficking offenses in five indictments filed in Nov. 2013, as a result of a multi-agency investigation led by the FBI that targeted the heroin trafficking activities of Jovita Belmonte-Gonzalez in Doña Ana County. Belmonte-Gonzales, 45, a Mexican national from Ciudad Juarez, Chihuahua, Mexico, was named as the lead defendant in four of five indictments which charged her with supplying heroin to five drug trafficking organizations that distributed heroin in Doña Ana County.
The lead defendant, Belmonte-Gonzalez, pled guilty to heroin trafficking charges in four of the five cases in June 2014, and admitted conducting frequent heroin transactions with her co-defendants between June 2013 and Oct. 2013. Court records reflect that Belmonte-Gonzalez typically negotiated heroin sales by telephone from Juarez and her co-defendants traveled from Doña Ana County to Juarez where they purchased the heroin from her and later distributed the drugs in Doña Ana County. Belmonte-Gonzales faces a mandatory minimum of ten years in prison and a maximum of life in prison, and will be deported after she completes her prison sentence. She remains in federal custody pending her sentencing hearing, which has yet to be scheduled.
Linares entered a guilty plea on Oct. 7, 2014, to a conspiracy to possess heroin with intent to distribute charge. Linares admitted to facilitating the trafficking of approximately 250 grams of heroin between co-defendants and Belmonte-Gonzalez from Sept. 21, 2013 through Oct. 22, 2013.
All 21 of the defendants as a result of the investigation have entered guilty pleas. Ten defendants have been sentenced, and the rest are currently awaiting sentencing hearings.
These cases are being prosecuted by Assistant U.S. Attorney E. Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office. The investigation leading to the charges in the four cases was led by the Las Cruces office of the FBI in collaboration with U.S. Customs and Border Protection, the U.S. Border Patrol, the Las Cruces office of the DEA, the U.S. Marshals Service, the Las Cruces Police Department and the Doña Ana County Sheriff’s Office.
The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Carlsbad Woman Sentenced for Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Wanda Jo Bunch, 62, of Carlsbad, N.M., was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to 33 months in federal prison followed by two years of supervised release for her methamphetamine trafficking conviction.
Bunch was arrested on Oct. 16, 2014, on a criminal complaint alleging that she possessed methamphetamine with intent to distribute in Eddy County, N.M., on Sept. 2, 2014. According to the complaint, agents with the Pecos Valley Drug Task Force executed a search warrant on Bunch’s residence where they seized almost 200 grams of marijuana, 92.78 grams of methamphetamine and $4,886.00.
On Jan. 15, 2015, Bunch pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. Bunch admitted that on Sept. 2, 2014, she possessed methamphetamine in her residence which she intended to deliver to another person.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force and was prosecuted by Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office.
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.
Acoma Pueblo Woman Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Aiela Salvador, 28, a member and resident of Acoma Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a misdemeanor child abuse charge.
Salvador was arrested on July 18, 2013, on a criminal complaint alleging that on June 25, 2013, in Cibola County, N.M., she endangered the lives and safety of two children, a 3-year-old and 2-year-old, by passing out due to heavy intoxication and abandoning the children. The children were unkempt and neglected in a house without power or running water, and the two-year-old was found wandering outside the house. The children, who did not suffer bodily injury, were taken to the Acoma Social Services Department. Salvador was subsequently indicted on Aug. 7, 2013, and charged with committing child abuse by placing the children in a situation that may have endangered their lives or health.
During today’s proceedings, Salvador pled guilty to an information charging her with misdemeanor abandonment of a child. Salvador admitted that on June 25, 2013, she abandoned two children when she consumed alcoholic beverages to the point of passing out inside her home. Criminal proceedings of this case were delayed by Salvador’s participation in a pretrial diversion program.
At sentencing, Salvador faces a statutory maximum penalty of 12 months in prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department. Assistant U.S. Attorney David Adams is prosecuting the case.
Acoma Pueblo Man Pleads Guilty to Assaulting his Intimate PartnerRead the Press Release
ALBUQUERQUE – Randy P. Shutiva, 53, a member of the Acoma Pueblo who resides in San Fidel, N.M., pleaded guilty in federal court in Albuquerque, N.M., to an assault charge.
Shutiva was arrested on Dec. 19, 2014, on a criminal complaint charging him with assaulting an Acoma Pueblo woman who was his intimate partner by punching her in the face and head and kicking her body. The criminal complaint alleged that Shutiva committed the assault on Dec. 6, 2014, in Acoma Pueblo within Cibola County, N.M. The victim lost the hearing in one ear and sustained other injuries as a result of the assault.
During today’s proceedings, Shutiva pled guilty to a misdemeanor information charging him with assault by striking, beating or wounding. In entering his plea, Shutiva admitted striking the victim on the head and face and kicking her body on Dec. 6, 2014. He also acknowledged that the victim suffered multiple injuries and temporary hearing loss in one ear as a result of the attack.
At sentencing, Shutiva faces a statutory maximum penalty of one year in prison followed by a maximum of one year of supervised release.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Pueblo of Acoma Tribal Police Department. Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Ramirez are prosecuting this case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Mescalero Apache Woman Sentenced for Federal Assault Conviction Arising out of Drive-By ShootingRead the Press Release
ALBUQUERQUE – Julianna Rosynelle Venego, 29, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning in federal court in Las Cruces, N.M., for her assault conviction. Venego was sentenced to 21 months in prison followed by three years of supervised release.
Venego was arrested on July 11, 2013, on a criminal complaint alleging that she drove a vehicle while a defendant in a separate case, Rufus Juan Lester, 23, also a member of the Mescalero Apache Nation, fired multiple shots at a residence located on the Mescalero Apache Reservation in the early hours of Nov. 24, 2012. Venego was subsequently indicted on Oct. 16, 2013, and charged with two-counts of assault with a dangerous weapon with intent to do bodily harm.
Venego pled guilty to the indictment on July 8, 2014. In entering the guilty plea, Venego admitted that on Nov. 24, 2012, she drove Lester past a residence in Mescalero where Lester used two rifles to shoot at a residence which at the time was occupied by two adults and six children.
Lester was indicted in a separate case and charged with eight counts of assault with a dangerous weapon and one count of discharging firearms during and in relation to crimes of violence. On May 16, 2014, Lester pled guilty to the eight counts in the indictment charging him with assault with a dangerous weapon. Lester admitted riding in the passenger seat of the vehicle while Venego drove past a residence in Mescalero. As the vehicle went past the residence, Lester used two rifles to shoot at the residence which was occupied by two adults and six children at the time of the shooting, and that he assaulted each of the occupants when he shot at the residence. Lester was sentenced on Nov. 20, 2014, to 66 months in prison followed by three years of supervised release.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Deming Man Sentenced to Five Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Anthony Perez, 41, of Deming, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 60months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Perez was arrested on Feb. 20, 2014, on a two-count indictment charging him and co-defendants Rebecca Torres, 41, Matthew Peña, 30, both of Deming, N.M., and Robert Snow, now deceased, with distributing methamphetamine. Count 1 of the indictment charged Peña and Torres with distributing methamphetamine in Doña Ana County, N.M., on June 18, 2013, and Count 2 charged Peña, Snow and Perez with distribution of methamphetamine in Luna County, N.M., on July 3, 2013.
Perez and Peña both pled guilty to the indictment on May 14, 2014, without the benefit of plea agreements. Peña was sentenced on March 3, 2015, to 120 months in federal prison followed by five years of supervised release. Torres entered a guilty plea on April 18, 2014, and was sentenced on Aug. 28, 2014, to 10 months in federal prison.
This case was investigated by the Las Cruces office of the FBI and the New Mexico HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. Assistant U.S. Attorneys Maria Y. Armijo and Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The HIDTA Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department and the Doña Ana County Sheriff’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.
Navajo Woman Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Clara Beth Joe, 26, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pleaded guilty this morning in Albuquerque, N.M., to an involuntary manslaughter charge.
Joe was arrested on Aug. 27, 2014, on an indictment filed Aug. 12, 2014, charging her with involuntary manslaughter on Jan. 30, 2014, in San Juan County, N.M.
During today’s proceedings, Joe pled guilty to the indictment and admitted that on Jan. 31, 2014, she was found by law enforcement in Crystal, N.M., on the Navajo Indian Reservation, near a creek, heavily intoxicated and suffering from hypothermia. Joe admitted that her cousin also arrived at the scene and asked where Joe’s 13-month-old son was, and after a search by law enforcement, the boy was found drowned near where Joe had been found. Joe further admitted that her level of intoxication was a negligent act and was an important contributing factor in her son’s death.
At sentencing, Joe faces a statutory maximum penalty of eight years in federal prison followed by up to three years of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case.
Navajo Man from Beclabito Sentenced to Federal Prison for Arson ConvictionRead the Press Release
ALBUQUERQUE – Benjamin Joe Begay, Jr., 45, an enrolled member of the Navajo Nation who resides in Beclabito, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to a year and a day in prison followed by three years of supervised release for his arson conviction.
Begay was arrested on Aug. 19, 2014, on a criminal complaint charging him with arson, and was indicted on that same charge on Aug. 26, 2014. According to court filings, Begay set fire to the residence he shared with his wife and children on July 31, 2014, following an argument with his family. The residence, its contents and a grey truck were a total loss to the fire.
On March 31, 2015, Begay pled guilty and admitted willfully and maliciously setting fire to the home he shared with his wife and family on July 31, 2014, on the Navajo Indian Reservation in San Juan County, N.M.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI. The case was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
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 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.
Mexican National Sentenced for Federal Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Yareli Jasmin Bustamante-Conchas, 29, a Mexican citizen illegally residing in Albuquerque, N.M., was sentenced this afternoon in federal court to 60 months in prison for her federal heroin trafficking conviction. She will be deported after completing her prison sentence. Bustamante-Conchas also was ordered to forfeit $42,818.47 which were proceeds of her drug trafficking activities.
Bustamante-Conchas was arrested on a criminal complaint on Aug. 29, 2014, in Bernalillo County, N.M., after DEA agents seized approximately 745.4 grams of heroin, drug packaging materials and $42,818.47 in U.S. currency from Bustamante-Conchas’ residence during a consensual search.
Bustamante-Conchas was subsequently indicted on Sept. 23, 2014, and charged with possession of heroin with intent to distribute. The indictment included forfeiture provisions seeking an order requiring Bustamante-Conchas to forfeit $102,000.00 representing drug proceeds in addition to the $42,818.47 seized from her home on Aug. 29, 2014.
On March 24, 2015, Bustamante-Conchas pled guilty to the indictment and admitted that on Aug. 28, 2014, DEA agents seized 745.4 grams of heroin, $42,818.47 in cash and drug packaging materials from her home. Bustamante-Conchas also admitted that she was illegally present in the United States and had been making approximately $3,000.00 a week by distributing heroin since Dec. 2013.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.
This case was prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
California Man Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Carlos Alberto Renteria-Garcia, 23, of Los Angeles, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge. The guilty plea was entered under a plea agreement with the U.S. Attorney’s Office.
Renteria-Garcia was arrested on Feb. 16, 2015, at the Amtrak Train Station in Albuquerque after DEA agents found approximately 5.06 pounds of heroin concealed in the bedroom Renteria-Garcia was using during his ride aboard the train during a consensual search. Renteria-Garcia was indicted on March 10, 2015, and charged with possession of heroin with intent to distribute.
During today’s proceedings, Renteria-Garcia pled guilty to the indictment, and admitted that he was in possession of more than a kilogram of heroin on Feb. 16, 2015. He further admitted that DEA agents found the heroin concealed in his room on the Amtrak train during a stop in Albuquerque.
At sentencing, Renteria-Garcia faces a statutory maximum penalty of 20 years in prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Joel R. Meyers is prosecuting the case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Arizona Man Sentenced to 87 Months in Federal Prison for Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Charles Douglas Notbohm, Jr., 51, of Tuscon, Ariz., was sentenced today in federal court in Las Cruces, N.M., for his conviction on drug trafficking charges. Notbohm was sentenced to 87 months in federal prison followed by three years of supervised release.
Notbohm was arrested in Lordsburg, N.M., on Feb. 21, 2014, after officers executed a search warrant on the vehicle in which he was traveling and found more than 116 grams of methamphetamine. On May 21, 2014, Notbohm, James Richard Reeves, 46, also of Tucson, and Armando Conrad Gonzales, 34, of Las Cruces, were indicted and charged with conspiracy and possession of methamphetamine with intent to distribute. On July 16, 2014, Notbohm, Reeves and Gonzales were charged in a superseding indictment with conspiracy and possession of methamphetamine with intent to distribute. The superseding indictment also charged Gonzales with being a felon in possession of a firearm
Notbohm pled guilty on Oct. 7, 2014, to a felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. In entering his guilty plea, Notbohm admitted that on Feb. 21, 2014, he and Reeves were driving from Tucson to Las Cruces for the purpose of delivering methamphetamine to Gonzales. He further admitted that as the two men were driving through Lordsburg, they were stopped by a police officer who found more than 116 grams of methamphetamine in their vehicle.
On Sept. 18, 2014, Reeves pled guilty to the two methamphetamine trafficking charges in the superseding indictment without the benefit of a plea agreement. At sentencing, Reeves faces a sentence of not less than five years and not more than 40 years in prison. Reeves remains in custody pending a sentencing hearing which has yet to be scheduled.
On Nov. 18, 2014, Gonzales pled guilty to Counts 1 and 3 of the superseding indictment, charging him with conspiracy to distribute methamphetamine and being a felon in possession of a firearm. In entering his guilty plea, Gonzales admitted making an agreement with Reeves to purchase four ounces of methamphetamine from Reeves which Reeves and Notbohm were to transport from Tucson to Las Cruces. Gonzales further admitted that on April 11, 2014, he possessed a firearm and ammunition even though he was prohibited from doing so based on his status as a convicted felon.
This case was investigated by Deming office of Homeland Security Investigations and the Lordsburg Police Department, and is being prosecuted by Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.
Arizona Man Sentenced for Trafficking Methamphetamine in New MexicoRead the Press Release
ALBUQUERQUE – Emery Lee Begay, 32, of Lakeside, Ariz., was sentenced this afternoon in federal court in Albuquerque, N.M., to 60 months in prison followed by three years of supervised release for his conviction on conspiracy to distribute methamphetamine in Socorro and Catron Counties, N.M.
Begay and his co-defendant Jorge Luis Garcia-Valenzuela, 22, a Mexican national residing in Lakeside, Ariz., were arrested on Oct. 25, 2014, after they traveled to Quemado, N.M., with the intention of selling methamphetamine and marijuana to undercover officers. According to the complaint, on Aug. 19, 2015, Begay delivered approximately 22.6 grams of methamphetamine and approximately three kilograms of marijuana to the undercover officers in Socorro, N.M., after Garcia-Valenzuela allegedly negotiated the drug deal with the officers. The complaint also alleges that Garcia-Valenzuela and Begay were arrested on Oct. 25, 2014, in Quemado when they arrived to consummate a drug deal with the undercover officers. The officers allegedly seized approximately 800 grams of methamphetamine and more than eight kilograms of marijuana when they arrested the two men.
Begay and Garcia-Valenzuela were subsequently indicted on Nov. 19, 2014, and charged with conspiracy to distribute methamphetamine and marijuana, distribution of methamphetamine and marijuana, and possession of methamphetamine and marijuana with intent to distribute. According to the indictment, the offenses were committed between Aug. 19, 2014 and Oct. 25, 2014, in Socorro and Catron Counties.
On May 21, 2015, Begay pled guilty to a felony information charging him with conspiracy to possess methamphetamine with intent to distribute.
Garcia-Valenzuela entered a guilty plea on June 19, 2015, to a felony information charging him with conspiracy to distribute and possess methamphetamine. Under the terms of his plea agreement, Garcia-Valenzuela will be sentenced to 100 months in prison and will be deported following his term of incarceration. His sentencing hearing is currently scheduled for Sept. 24, 2015.
This case was investigated by the Albuquerque and Gallup offices of the FBI, the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Ramah Navajo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Albuquerque Man Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE—Terrence Connors, 61, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to 60 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction.
Connors and co-defendant Thomas Jones, 44, of Cerrillos, N.M., were arrested in Dec. 2012, on criminal complaints charging them with possession of methamphetamine with intent to distribute. According to the complaints, on Dec. 17, 2012, Homeland Security Investigations (HSI) agents and the HIDTA Region II Narcotics Task Force executed a traffic stop on a car in which Connors and Jones were driving on Interstate 40 near Gallup, N.M. While searching the care, agents found approximately 990.37 grams of methamphetamine and a pistol.
Connors and Jones were subsequently indicted in Jan. 2013, and were charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. Connors also was charged with possessing a firearm in furtherance of a drug trafficking crime. The indictment stated that the offenses were committed on Dec. 17, 2012, in McKinley County, N.M.
On March 25, 2015, Connors pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Connors admitted that on Dec. 17, 2012, law enforcement found 990.37 grams of methamphetamine in the car Connors was driving. Connors also admitted purchasing the methamphetamine earlier that day in Phoenix, Ariz., and that he paid Jones to help him transport the methamphetamine to Albuquerque.
Jones pled guilty on Nov. 3, 2014, to a felony information charging him with possession of methamphetamine with intent to distribute. Jones admitted helping Connors transport the methamphetamine to Albuquerque, and acknowledged that he was paid for his services with methamphetamine. Jones was sentenced on July 1, 2015, to 24 months in prison followed by three years of supervised release.
This case was investigated by the Albuquerque office of HSI and the HIDTA Region II Narcotics Task Force. Assistant U.S. Attorney Norman Cairns prosecuted the case.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.