District of New Mexico

ALBUQUERQUE – Jorden Medina, 54, a non-Native man who resides in El Prado, N.M., was sentenced this morning for his federal involuntary manslaughter conviction.  Medina will serve a year in federal prison followed by two years of supervised release.

Medina was arrested on Dec. 2, 2013, on a criminal complaint charging him with killing a 28-year-old Taos Pueblo man on Nov. 30, 2013.  On July 23, 2014, Medina pleaded guilty to a felony information charging him with involuntary manslaughter and admitted shooting the victim at a gas station located in Taos Pueblo. 

In his plea agreement, Medina stated that he was putting fuel into his truck when the victim physically attacked him, knocking him to the ground.  Medina responded to the attack by retrieving a pistol from his truck and firing a single bullet at the victim, killing him.

This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services, with assistance from the Taos Pueblo Department of Public Safety, Town of Taos Police Department and the New Mexico State Police. Assistant U.S. Attorney Paul H. Spiers prosecuted the case.

ALBUQUERQUE – Joshua Iben, 22, of Albuquerque, N.M., was sentenced this morning to five years in federal prison followed by five years of supervised release for his federal child pornography charges.  Iben will be required to register as a sex offender after completing his prison sentence.
  
Iben was arrested on Nov. 21, 2013, based on an FBI investigation that began in July 2013 and revealed that an IP address subscribed to Iben’s residential address was being used to share child pornography images.  According to the criminal complaint, on Nov. 20, 2013, FBI agents executed a federal search warrant at Iben’s residence and seized computers and computer-related media.  While the search warrant was being executed, Iben participated in a voluntary, recorded interview during which he admitted that he began sharing child pornography images years ago and last received or sent such images by email the week before.  A subsequent forensic examination of a laptop computer taken from Iben’s residence revealed that it contains images consistent with child pornography.

On Dec. 17, 2013, Iben was indicted and charged with two counts of receipt of child pornography; two counts of distribution of child pornography; and one count of possession of child pornography.  The indictment alleged that Iben received child pornography on two occasions on April 29, 2013, and distributed child pornography on two occasions on Sept. 20, 2013.  It also alleged that Iben possessed child pornography on Nov. 20, 2013, and that Iben committed all five offenses in Bernalillo County, N.M. 

On April 21, 2014, Iben entered guilty pleas to all five counts of the indictment.  The guilty plea was entered into without the benefit of a plea agreement.

This case was investigated by the Albuquerque office of the FBI and the New Mexico Regional Computer Forensics Laboratory.  It was prosecuted by Assistant U.S. Attorneys Marisa A. Lizarraga and Jacob A. Wishard 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/.

Jasonn Gonzales was Ring Leader of Multi-State Scheme to Defraud the
Federal and State Unemployment Insurance Systems of $1,356,000.00

ALBUQUERQUE – Jasonn Gonzales, 42, an accountant from Velarde, N.M., was sentenced this afternoon for his conviction on conspiracy, mail fraud and aggravated identity theft charges arising out of a scheme to defraud the federal and state unemployment insurance systems.  Gonzales was ordered to serve 111 months (9.25 years) in federal prison followed by three years of supervised release.  Gonzales also was ordered to pay $804,735.73 in restitution to the victims of his criminal conduct.

The sentence was announced by U.S. Attorney Damon P. Martinez; David Wickersham Special Agent in Charge of the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Frauds Investigations; and R.L. Faulkerson, Postal Inspector in Charge of the Fort Worth Division of the U.S. Postal Inspection Service. 

Gonzales and his co-defendant, Gerald Archuleta, 43, of Ojo Caliente, N.M., were charged in a six-count indictment that was filed on March 26, 2014.  Count 1 charged the two men with conspiracy to commit mail fraud in furtherance of a scheme to defraud the federal and state Unemployment Insurance System in New Mexico, Texas and Colorado of money by false and fraudulent pretenses.  Counts 2 through 5 of the indictment charged the men with mail fraud, and Count 6 charges Gonzales alone with aggravated identity theft.

The federal and state Unemployment Insurance System seeks to lessen the effects of unemployment through payments made to claimants (laid-off workers) on a weekly basis while the claimants seek employment.  The unemployment insurance program is administered on behalf of the federal government by state workforce agencies in each state.  The investigation of this case established that between 2009 and 2012, Gonzales and Archuleta schemed to defraud the New Mexico Department of Workforce Solutions, the Texas Workforce Commission and the Colorado Department of Labor and Employment of more than $1,356,000.00 by making false and fraudulent claims for unemployment benefits in the names of real people.

Gonzales and Archuleta perpetuated their unlawful scheme by fraudulently registering numerous non-existent companies with the three state workforce agencies and filing false quarterly reports for the fictitious companies which identified claimed employees.  The two men provided the names, dates of birth and social security numbers of the claimed employees to the state agencies without the knowledge or authorization of the claimed employees, who were real people.  Gonzales and Archuleta then made false and fraudulent claims for unemployment benefit claims on behalf of the claimed employees of the fictitious companies.  The men opened post office boxes in New Mexico, Texas and Colorado, which they provided to the three state workforce agencies as mailing addresses for the claimed employees.  The state agencies mailed debit cards to the claimed employees at the post office boxes and the defendants used the debit cards to withdraw the fraudulently obtained benefits.  During the life of the conspiracy, Gonzales and Archuleta submitted fraudulent claims for unemployment benefits in the aggregate amount of $1,356,461.00, and defrauded the three state workforce agencies of approximately $804,735.73 in total. 

On Aug. 18, 2014, Gonzales pled guilty to all six counts of the indictment without the benefit of a plea agreement.  In entering his guilty plea, Gonzales agreed to the entry of a money judgment against him that requires him to pay restitution to the victims of his crime.  Today, the court ordered Gonzales, jointly with Archuleta, to pay restitution to the victims as follows:  $247,929.00 to the New Mexico Department of Workforce Solution; $488,107.00 to the Colorado Department of Labor and Employment; and $68,699.73 to the Texas Workforce Commission.  

On Oct. 24, 2014, Archuleta entered a guilty plea to Count 1 through 5 of the indictment.  Under the terms of his plea agreement, Archuleta will be sentenced to a prison term within the range of 87 to 108 months to be followed by a term of supervised release to be determined by the court.  The plea agreement also requires Archuleta, jointly with Gonzales, to pay $734,123.73 in restitution.  Archuleta’s sentencing hearing is scheduled for Jan. 27, 2015.

“Defrauding the unemployment insurance program undercuts an important part of our social safety net and harmed workers, employers, and those trying to get back to work,” said U.S. Attorney Damon P. Martinez. “I commend the work of the investigators from the U.S. Department of Labor and U.S. Postal Inspection Service for making sure that those who defraud programs designed to protect workers and their families during periods of unemployment are prosecuted to the fullest extent of the law.”

“Today’s sentencing highlights the Office of Inspector General’s commitment to investigating fraud against the U.S. Department of Labor's Unemployment Insurance program,” said Special Agent in Charge David Wickersham of the Dallas Regional Office of the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.  “We will continue to work with our law enforcement partners to investigate fictitious employer schemes that compromise the integrity of the program and hold accountable those responsible for fraud against Department of Labor programs.”

“The sentence imposed on Gonzales should serve as a strong deterrent to others who intend to misuse and exploit the nation's mail system to commit fraud,” said U.S. Postal Inspector in Charge R.L. Faulkerson of the Fort Worth Division of the Postal Inspection Service.  “For more than 200 years, the U.S. Postal Inspection Service has been in the forefront of securing the world's largest mail system.  The U.S. Postal Inspection Service remains committed to our mission of enforcing the laws that defend the nation's mail system from illegal or dangerous use; and ensuring the public's trust in the mail.”

This case was investigated by the Department of Labor Office of Inspector General, Office of Labor Racketeering and Frauds Investigations, and the U.S. Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney Tara C. Neda.

Owner of Sneakerz, Inc., an Albuquerque Sports Bar and Restaurant, Charged with Evading Taxes and Filing False Tax Returns

ALBUQUERQUE – James E. Coleman, Jr., the president and owner of Sneakerz, Inc., a corporation that operates “Sneakerz Sports Bar” in Albuquerque, N.M., was arrested yesterday on federal tax charges, announced U.S. Attorney Damon P. Martinez and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation. 

Coleman, 57, of Albuquerque, N.M., made his initial appearance in federal court this morning on a four-count indictment alleging tax evasion and subscribing false tax returns charges.  Coleman remains in custody pending his arraignment on the indictment and a detention hearing which have yet to be scheduled.

Counts 1 and 2 of the indictment allege that Coleman evaded approximately $166,320.00 in federal taxes owed by his corporation to the United States in calendar years 2008 and 2009 by filing false tax returns that underrepresented his corporation’s taxable income.  More specifically, Count 1 alleges that Coleman evaded approximately $90,661.00 in federal taxes by falsely claiming that his corporation had $621,064 in taxable income in calendar year 2008 despite knowing that the corporation had $886,128 in taxable income for that year. Count 2 alleges that Coleman evaded approximately $75,659.00 in federal taxes by falsely claiming that his corporation had $731,581.00 in taxable income in calendar year 2009 despite knowing that the corporation had $932,235.00 in taxable income for that year.

Counts 3 and 4 allege that Coleman subscribed filed individual tax returns for calendar years 2008 and 2009 that were materially false.  Each of the charges alleges that Coleman’s tax returns falsely reported that Coleman received no dividend income and no business income during those two calendar years.

If convicted, Coleman faces a maximum statutory penalty of five years in federal prison on each of Counts 1 and 2, the tax evasion charges.  Coleman faces a maximum statutory penalty of three years in federal prison if convicted on Counts 3 and 4, the subscribing false tax returns charges.  Charges in indictments are merely accusations.  Defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Albuquerque office of IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.

ALBUQUERQUE – Two members of Laguna Pueblo were sentenced this morning in federal court for assault convictions arising out of the drive-by shooting of an Acoma Pueblo home.  Preston Chino, 22, and Cameron Joseph Kasero, 21, were each sentenced to 96 months in federal prison followed by three years of supervised release.

Chino and Kasero, together with co-defendants Andrea Carrillo, 22, and Joseph Edward Lucero, 25, were indicted on assault and firearms offenses in July 2013.  The indictment alleged that the quartet assaulted two men and a woman on Dec. 9, 2012, by discharging firearms at a residence located in Acoma Pueblo in Cibola County, N.M.

Chino entered a guilty plea on Aug. 27, 2014, to an assault charge, and admitted aiding Kasero and Lucero in assaulting the three victims by providing them with shotguns and ammunition.  He also admitted driving his co-defendants to the victims’ Acoma Pueblo home where they discharged the shotguns multiple times in the direction of the residence.
           
Kasero entered a guilty plea to an assault charge on Sept. 2, 2014.  During his plea hearing, Kasero admitted assaulting the victims by discharging a shotgun at a residence while it was occupied by the victims.

Carrillo also pled guilty to an assault charge on Sept. 2, 2014, and admitted aiding the assault on the victims by providing her co-defendants with directions to the residence with the understanding that her co-defendants intended to commit an assault at that location.  Carrillo is scheduled for sentencing on Jan. 20, 2015, when she faces a statutory maximum penalty of ten years in prison.
           
Lucero entered a guilty plea to an assault charge on Sept. 9, 2014, and admitted repeatedly discharging a weapon at the victims’ residence.  Under the terms of his plea agreement, Lucero will be sentenced to a prison term within the range of 72 to 96 months.  Lucero’s sentencing hearing is scheduled for Dec. 9, 2014.

This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services, the Acoma Pueblo Tribal Police and the Pueblo of Laguna Tribal Police Department.  Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.

ALBUQUERQUE – Christina Knight, 30, of Albuquerque, N.M., was sentenced yesterday afternoon to 32 months in federal prison followed by five years of supervised release for her conviction on bank fraud and aggravated identity theft charges.

Knight and her co-defendants, Raymundo Silva, 35, and Patricia Diaz, 36 both of Los Lunas, N.M., were indicted in Aug. 2013, on conspiracy, bank fraud and aggravated identity theft charges.  The trio subsequently was charged in a 31-count superseding indictment alleging conspiracy to commit bank fraud; 24 counts of bank fraud, including eight counts against Silva, three counts against Diaz, and 13 counts against Knight; and six counts of aggravated identity theft against Knight. 

The superseding indictment generally charged Silva, Diaz and Knight with engaging in a scheme to commit bank fraud between Dec. 2011 and April 2013.  According to the superseding indictment, Knight, Silva and Diaz perpetuated the scheme by stealing checks from residential mailboxes, altering the names of payees and the amounts on the checks, and cashing the checks using either their own identities or, in the case of Knight, the identities of others. 

Knight entered guilty pleas on Feb. 20, 2014, to the bank fraud conspiracy, 13 substantive bank fraud charges, and one count of aggravated identity theft.  Earlier, on Oct. 28, 2013, Diaz entered a guilty plea to the bank fraud conspiracy and three substantive bank fraud charges.  Silva was convicted on Feb. 27, 2014, on the bank fraud conspiracy and five substantive bank fraud charges after a four-day jury trial.

According to court records and trial evidence, in Dec. 2011, a Los Lunas police officer investigating a check washing and identity theft ring targeted a sedan seen leaving a Los Lunas bank following a failed attempt to cash a fraudulent check.  In Feb. 2012, after surveillance established that the sedan frequently visited a residence in Belen, Los Lunas police officers executed a search warrant at the residence and seized chemicals and other products commonly used to wash and alter checks, several driver’s licenses, college IDs and Social Security cards, bank receipts and other evidence.

Investigation by Homeland Security Investigations (HSI) and the Los Lunas Police Department identified Silva, Diaz and Knight as the members of the bank fraud scheme in late 2012, following the theft of five checks from the mailbox of a Los Lunas residence.  Silva cashed one of the checks on Dec. 26, 2012, and between Dec. 20, 2012 and Jan. 4, 2013, Knight cashed three of the checks by using the identification of another person.  Each of these four checks had been altered by changing the name of the payee and amount.  Laboratory analysis by HSI revealed that the chemicals seized from Silva’s residence were used to wash the checks.

 
Silva was sentenced on Aug. 1, 2014, to 30 months in federal prison followed by five years of supervised release.

Diaz was sentenced on March 18, 2014, to 62 days of time-served followed by five years of supervised release and was ordered to pay $400.00 in restitution.  On June 5, 2014, Diaz was arrested for violating the conditions of her supervised release.  She was sentenced on July 10, 2014, to three months in custody followed by four years of supervised release.

This case was investigated by the Albuquerque office of HIS, the Los Lunas Police Department and Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorneys Norman Cairns and Paul Mysliwiec.

ALBUQUERQUE – Keith J. Carr, 30, a member of Laguna Pueblo, N.M., was sentenced yesterday to a year and a day in federal prison for his assault conviction.  Carr will be on supervised release for three years after he completes his term of incarceration.

Carr was arrested on Feb. 28, 2014, on an indictment charging him with assault resulting in serious bodily injury.  According to the indictment, the assault, which injured another Laguna Pueblo man, occurred on Dec. 20, 2012, within Laguna Pueblo in Cibola County, N.M. 

On June 27, 2014, Carr pled guilty to the indictment.  Carr admitted that the victim sustained serious bodily injury on Dec. 20, 2012, when Carr crashed the vehicle he was driving and in which the victim was a passenger.  According to the plea agreement, Carr was intoxicated and driving at a high rate of speed when he lost control of his vehicle and caused the vehicle to roll and crash. The victim sustained multiple fractures, nasal bone fractures, fracture of the pneumothorax, orbital fractures, and rib fractures as a result of the assault.
                                                                                         
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

ALBUQUERQUE – Terrance Julian, 30, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty today to a federal assault charge. 

Julian was arrested on Aug. 21, 2014, on an indictment alleging that on Oct. 14, 2012, he assaulted a woman with a dangerous weapon, and brandished a firearm in relation to a crime of violence.  The indictment alleged that Julian committed the crimes on the Jicarilla Apache Reservation in Rio Arriba County, N.M.

Today Julian pled guilty to Count 1 of the indictment charging him with assault with a dangerous weapon.  In entering his guilty plea, Julian admitted assaulting his intimate partner, a Jicarilla Apache woman, by striking her with a rifle.

Julian was remanded into federal custody after entering his guilty plea and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Julian faces a statutory maximum sentence of ten years in federal prison.

This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney David Adams. 

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.

Samuel Elliott Charged with Producing and Possessing Child
Pornography Involving Three Young Children

ALBUQUERQUE – Samuel Elliott, 30, of Columbus, N.M., was arraigned in federal court in Las Cruces, N.M., on Tuesday (Nov. 24, 2014) on an indictment charging him with child pornography offenses.  Elliott entered a not guilty plea to the eight-count indictment.  During a detention hearing this morning, a United States Magistrate Judge ordered Elliott detained pending trial.  

Counts 1 through 3 of the indictment allege that between Dec. 2012 and July 2014, Elliott enticed three young children to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct.  Count 1 alleges that Elliott produced child pornography depicting a child between one and five years of age; Count 2 alleges that he produced child pornography depicting a child over the age of five years; and Count 3 alleges that he produced child pornography depicting a child between one and five years of age.  Counts 4 through 8 each allege that Elliott possessed child pornography on July 24, 2013.  All eight crimes allegedly occurred in Luna County, N.M.
  
Elliott’s trial date has yet to be scheduled.  If convicted, Elliott faces a federal prison term of not less than 15 years and not more than 30 years on each production of child pornography charge.  If convicted, Elliott faces up to 20 years in federal prison on each of the possession of child pornography charges.  Elliott also would be required to register as a sex offender.  Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Las Cruces office of Homeland Security Investigations, the New Mexico State Police and the Las Cruces Police Department. 

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

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 74 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.

Tillman Naskia Begaye Killed a Mother and her Two Adult
Children while Driving under the Influence of Alcohol

ALBUQUERQUE –Tillman Naskia Begaye, 33, was sentenced on Friday afternoon (Nov. 21, 2014) to 30 years in federal prison for his conviction on three counts of second degree murder.  Begaye will be on supervised release for five years after completing his prison sentence.  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 Director John Billison of the Navajo Nation Division of Public Safety.

Begaye, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was arrested on July 22, 2013, on a criminal complaint charging him with three counts of second degree murder, and was indicted on the same charges on Aug. 7, 2013.  According to the indictment, Begaye killed a Navajo woman and two of her adult children on July 14, 2013, while driving under the influence of alcohol on the Navajo Indian Reservation.

On May 16, 2014, a federal jury returned a verdict of guilty against Begaye on each of the three counts of the indictment after a five-day trial.  The evidence at trial established that on July 14, 2013, officers of the Navajo Nation Division of Public Safety were called to the scene of a two vehicle crash on U.S. Highway 491 south of Newcomb, N.M., near Sheep Springs, N.M.  The officers’ investigation revealed that Begaye caused the crash by driving his full-sized pickup truck northbound on the southbound lane of the highway and crashing head on into a vehicle occupied by the three victims who died at the scene. 

The investigation revealed that Begaye was intoxicated at the time of the crash.  His blood alcohol content (BAC) level was .18 when his blood was drawn when he was transported to a nearby hospital an hour after the crash.  The investigation also revealed that Begaye was driving northbound on a southbound lane of a four-lane highway at a speed of 75 per hour in a 65 mile per hour zone prior to impact.

Through a stipulation, the jury learned that Begaye had two prior DWI convictions.  According to the stipulation, Begaye was convicted on a driving under the influence charge in Oct. 2012, in the State of Colorado.  Begaye also was convicted on an aggravated driving while intoxicated charge in Jan. 2001, in the Municipal Court in the City of Farmington, 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 and was prosecuted by Assistant U.S. Attorneys Presiliano A. Torrez and Louis E. Valencia.

ALBUQUERQUE – Jianyu Huang, a scientist formerly employed by Sandia Corporation (Sandia) at Sandia National Laboratories (SNL), was sentenced to a term of imprisonment of a year and a day for the crimes of making a false statement within the jurisdiction of the Department of Energy (DOE), and unlawfully transporting stolen government property in interstate and foreign commerce.  The sentence was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.

Huang, 46, a naturalized U.S. citizen from the People’s Republic of China who resides in Albuquerque, N.M., was arrested in June 2012, on a six-count indictment charging him with misusing U.S. government resources and equipment to conduct research for Chinese research institutions and with falsely stating that he did not intend to take U.S. government equipment with him on a trip to China.  The indictment subsequently was superseded to add an interstate transportation of converted property charge and a theft of government property charge.  Huang was employed by Sandia until his employment was terminated in late April 2012.  On August 25, 2014, Huang pleaded guilty to the false statement and transportation of stolen property charges. 

SNL is a government-owned research facility operated by Sandia Corporation for DOE National Nuclear Security Administration (NNSA) that is responsible for ensuring the safety of the nation’s nuclear stockpile; enhancing the security of energy and other critical resources; reducing the proliferation of weapons of mass destruction; addressing threats to national security; and protecting the nation against terrorism.  The Center for Integrated Nanotechnologies (CINT) is a DOE user facility and science research center devoted to establishing scientific principles that govern the design, performance, and integration of materials on the atomic and molecular scale, located at SNL.  CINT is comprised of a core facility at Sandia and a Gateway Facility at Los Alamos National Laboratory.

In light of the sensitivity of SNL’s work, all Sandia employees are required to report to the Sandia Office of Counterintelligence (SOC) any substantive relationship with foreign nationals, including associations that involve meeting and sharing work-related information.  Sandia employees also are required to submit to interviews with SOC before international travel on official business, and are prohibited from bringing government-owned equipment on international travel without prior approval.

Huang was employed by Sandia at CINT, where he worked in an unclassified open science facility without access to classified national security information.  As a Sandia employee, Huang was prohibited from bringing government-owned equipment on international travel without prior approval.

Counts 1 through 5 of the second superseding indictment charged Huang with federal program fraud and alleged that between Jan. 2009 and Jan. 2012, Huang unlawfully and without authority used DOE equipment, materials and property to conduct research for businesses and universities in the People’s Republic of China.  Count 6 charged Huang with making a false statement charge to a federal officer and alleged that, in June 2011, Huang falsely represented to a counterintelligence officer that he would not take any U.S. government electronic equipment with him on an upcoming trip to the People’s Republic of China.  The statement was false because Huang knew that he intended to take a U.S. government computer and hard-drive to the People’s Republic of China on that trip, and did in fact take that equipment with him.  Count 7 charged Huang with the interstate transportation of converted property charge and alleged that between June 30, 2011 and July 18, 2011, Huang unlawfully transported a DOE-owned laptop computer and computer-related media in interstate and foreign commerce.  Count 8 charged Huang with an embezzlement charge and alleged that between April 25, 2012 and June 2, 2012, Huang embezzled electronic files and documents, including research proposals, belonging to DOE that came into his possession by virtue of his employment with SNL.

In his plea agreement, Huang admitted taking a trip to China in July 2011, for the purpose of attending and making a presentation at a research conference.  Huang acknowledged that in seeking and obtaining Sandia’s permission to participate in the conference, he represented that he would not take any DOE-owned equipment with him.  Huang also admitted deliberately lying to a counterintelligence office when he made the representation because he intended to take his DOE-owned laptop on the trip. 

Huang admitted taking a DOE-owned laptop computer with him when he traveled to China on June 30 and July 1, 2011, even though he knew that he did not have permission to do so.  In so doing, Huang unlawfully converted the laptop computer to his own use.  According to Huang’s plea agreement, U.S. Customs and Border Protection agents seized the DOE-owned laptop from Huang’s baggage when he returned to the United States on July 18, 2011, after Huang admitted that he did not have permission to take the laptop computer out of the country.

At this afternoon’s hearing, the court accepted the terms of the plea agreement and sentenced Huang to a year and a day in federal prison followed by a year of supervised release.

The case was investigated by the Albuquerque Division of the FBI and prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.

Purcella Prosecuted Under Federal “Worst of the Worst” Anti-Violence Initiative

ALBUQUERQUE- Joseph Ernest Purcella, III, 34, of Albuquerque, N.M., was arraigned today on an indictment charging him with being a felon in possession of a firearm and ammunition.  Purcella entered a not guilty plea during today’s arraignment hearing.

Purcella was arrested on Oct. 30, 2014, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition in Sandoval County, N.M., on April 7, 2014.  At the time, Purcella previously had been convicted of several felony offenses, including aggravated battery, burglary, battery on a police officer, trafficking a controlled substance, and possession of a controlled substance.  Purcella subsequently was indicted on Nov. 19, 2014.

According to court filings, on April 7, 2014, officers of the Santa Ana Pueblo Police Department went to the Santa Ana Star Casino in response to a report of an armed robbery.  They arrested Purcella, who was identified as the alleged robber, on state charges filed by the 13th Judicial District Attorney’s Office.  The state charges were dismissed after federal charges were filed against Purcella. 

Purcella has been in federal custody since his arrest and remains detained pending trial, which has yet to be scheduled.  If convicted, Purcella faces an enhanced sentence of not less than 15 years in federal prison due to his status as an armed career offender.

U.S. Attorney Damon P. Martinez said that Purcella 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. 

This case was investigated by the Albuquerque office of Homeland Security Investigations and the Santa Ana Pueblo Police Department, with assistance from the 13th Judicial District Attorney’s Office.  Assistant U.S. Attorney Jacob A. Wishard is prosecuting the case.

Charges in criminal complaints and indictments are merely accusations.  A defendant is presumed innocent unless convicted beyond a reasonable doubt in a court of law.

Jessie A. Hopper, Jr., Admits Role in Plot to Kidnap Woman and Two Young Children in Hot Springs, Arkansas, and Transport Them to Deming, New Mexico

ALBUQUERQUE - Jessie A. Hopper, Jr., 30, of Deming, N.M., pled guilty this morning in federal court in Las Cruces, N.M., to conspiracy, kidnapping and firearms charges. The guilty plea was entered without the benefit of a plea agreement.

Hopper, Jr., and his codefendants, Jessie Hopper, Sr., 54, and Polly Hopper, 60, also of Deming, N.M., were arrested in May 2014, on a criminal complaint charging them with kidnapping and firearms charges. The three defendants have been in federal custody since that time.

In June 2014, the three defendants were charged in a six-count indictment. Counts 1 and 2 of the indictment charged the three with conspiracy and kidnapping. Count 3 charged the two men with brandishing a firearm in relation to a crime of violence. Counts 4 and 5 charged Hopper, Sr., and Hopper, Jr., with being felons in possession of firearms, and Count 6 charged the men with unlawfully possessing a sawed-off shotgun with an obliterated serial number.

According to court filings, the three defendants kidnapped a woman and her two young children and transported them in interstate commerce. Hopper, Jr., and Hopper, Sr., allegedly kidnapped the victims in Hot Springs, Ark., on May 8, 2014, with the assistance of Polly Hopper. Hopper, Jr., allegedly handcuffed the adult victim and brandished a firearm at her to force her to comply with his demands, including a demand that she telephone family members to assure them that she was voluntarily leaving Arkansas with Hopper, Jr. On May 8 and 9, 2Ol4, the three defendants allegedly drove the victims from Arkansas to the defendants' residence in Deming, where Hopper, Jr., and Hopper Sr., sexually assaulted the adult victim several times.

The three defendants were arrested by the New Mexico State Police on state charges on May 10, 2014. They remained in state custody until they were transferred to federal custody on May 16, 2014, to face the charges in this case. The state charges, which are being pursued by the 6th Judicial District Attorney's
Office for the State of New Mexico, are still pending.

Today Hopper, Jr., pled guilty to Counts 1, 2, 3, 5 and 6 of the indictment. He remains in custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Hopper, Jr., faces a statutory maximum penalty of any term of years to life imprisonment, and a seven-year prison sentence for brandishing a firearm that must be served consecutive to any sentence imposed for the other offenses.

Hopper, Sr., and Polly Hopper have entered not guilty pleas and are scheduled for trial on Feb. 23, 2015. If convicted, each faces a statutory maximum penalty of any term of years to life imprisonment. If convicted on the firearms brandishing charge, Hopper, Sr., face seven years in prison that must be served consecutive to any sentence imposed on the other charges against him. Charges in indictments are merely accusations and a criminal defendant is presumed innocent unless convicted in a court of law.
This case was investigated by the Las Cruces offices of the FBI and ATF, the New Mexico State Police, and the Luna County Sheriff s Office, with assistance from the 6th Judicial District Attorney's Office for the State of New Mexico. The FBI in Little Rock, Ark., the Garland County (Arkansas) Sheriff s Office, and the U.S. Attorney's Office for the Western District of Arkansas also assisted in the investigation. The case is being prosecuted by Assistant U.S. Attorneys Randy M. Castellano and Maria Y. Armijo of the U.S. Attorney's Las Cruces Branch Office.

ALBUQUERQUE – Jeanette Driever, 37, of Grady, N.M., and John Jesse Perez, Jr., 45, of Clovis, N.M., entered guilty pleas today to federal drug trafficking charges.  Each entered a guilty plea to participating in a conspiracy to distribute methamphetamine in Curry County, N.M.  Their co-defendant Christopher Jason Kidd, 38, also of Clovis, N.M., pled guilty to a similar charge earlier this week.

Driever, Perez, Kidd and co-defendant Tina Tafoya, 33, also of Clovis, N.M., were indicted in Feb. 2014, on federal methamphetamine trafficking charges.  Count 1 of the three-count indictment alleged that the defendants conspired to distribute methamphetamine in Curry County, N.M., between Sept. 2013 and Nov. 2013.  Count 2 alleged that Kidd and Tafoya possessed methamphetamine with intent to distribute on Nov. 6, 2013, and Count 3 alleged that Driever and Perez possessed methamphetamine with intent to distribute on that same day.

During her plea hearing, Driever admitted that she and Perez obtained quantities of methamphetamine from Kidd and Tafoya that they distributed to others.  According to Driever’s plea agreement, on Nov. 9, 2013, Driever arranged for Kidd and Tafoya to supply her and Perez with a pound of methamphetamine which they packed into numerous smaller baggies for resale. 

During his plea hearing, Perez acknowledged participating in a methamphetamine trafficking conspiracy that involved Driever, Kidd, Tafoya and others.   

Kidd entered his guilty plea on Nov. 17, 2014, and admitted conspiring with his co-defendants to distribute methamphetamine in Curry County.  Kidd’s plea agreement states 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.

The three defendants will be sentenced to the following terms of incarceration under the terms of their respective plea agreements:  Kidd will serve 78 months; Driever will serve 60 months; and Perez will serve 36 months.  Each will serve a five year term of supervised release after completing his or her prison sentence.  All three remain in custody pending their sentencing hearings, which have not been scheduled.

Tafoya has entered a not guilty plea and remains in custody pending trial, which is scheduled for Jan. 8, 2015.  An indictment is merely an accusation and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

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.

ALBUQUERQUE – Rufus Juan Lester, 23, a member of the Mescalero Apache Nation, was sentenced yesterday afternoon in federal court in Las Cruces, N.M., for his assault conviction.  Lester was sentenced to 66 months in prison followed by three years of supervised release.

Lester was arrested on Aug. 6, 2013, on a criminal complaint alleging that he fired multiple shots at a residence located on the Mescalero Apache Reservation in the early hours of Nov. 24, 2012.  Lester subsequently was indicted 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 Counts 1 through 8 of the indictment charging him with assault with a dangerous weapon.  In his plea agreement, Lester admitted riding in the passenger seat of a vehicle while another person drove past a residence in Mescalero, N.M.  As the vehicle went past the residence, Lester used two rifles to shoot at the residence.  Lester acknowledged that the residence 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.

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.

ALBUQUERQUE – Lesa Howard, 52, of Albuquerque, N.M., was sentenced today for her conviction on federal wire fraud and aggravated identity theft charges.  Howard will serve a prison sentence of 54 months to be followed by five years of supervised release.  She also was ordered to pay $192,953.70 in restitution to Bank of America, the victim of her crimes.

Howard was arrested on Aug. 7, 2013, on a seven-count indictment charging her with two counts of wire fraud, one count of mail fraud, three counts of aggravated identity theft and one count of bank fraud.  The indictment alleged that Howard committed these crimes in Bernalillo and Valencia Counties between July 2007 and July 2009. 

According to the indictment, in July 2007, Howard unlawfully orchestrated the straw purchase of a house in Los Lunas, N.M., which she occupied for several years.  When the mortgage holder began to foreclose on the straw purchaser in Aug. 2008, Howard unlawfully orchestrated the sale of the house to a second straw purchaser, who was living in the house with her, and unlawfully pocketed proceeds due to the original straw purchaser.

Howard pled guilty on May 13, 2014, to Counts 1 and 4 of the indictment charging her with wire fraud and aggravated identity theft, respectively.  In her plea agreement, Howard admitted executing a scheme in Aug. 2008, to fraudulently induce a mortgage company to extend a $417,000 home loan for the purchase of a house in Los Lunas.  She further admitted using the personal identifiers of another person, without authorization, to obtain the loan.  Howard falsely represented that the homeowner had agreed to the sale of the house even though the homeowner had not agreed to the transaction.  Although Howard represented that she would deliver the proceeds of the transaction to the homeowner, Howard arranged for $96,471 in proceeds to be wired into a bank account she controlled.

This case was investigated by Albuquerque office of Homeland Security Investigations and was prosecuted by Assistant U.S. Attorney Jeremy Pena. 

ALBUQUERQUE – Tobias Gutierrez, 35, of Albuquerque, N.M., pled guilty this morning to being a felon in possession of a firearm and ammunition.  Under the terms of his plea agreement, Gutierrez will be sentenced to a prison term within the range of 30 to 60 months followed by not more than three years of supervised release.

Gutierrez was arrested on May 21, 2014, on a criminal complaint charging him with unlawfully possessing a firearm and ammunition on April 1, 2014 on Santa Ana Pueblo in Sandoval County, N.M.  At the time, Gutierrez was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses including burglary, battery and possession of a controlled substance.
           
During today’s proceedings, Gutierrez admitted entering the Santa Ana Star Casino while carrying a revolver and five cartridges of ammunition on April 1, 2014.  Court filings reflect that while in the casino, Gutierrez took part in an altercation with a casino security officer who was attempting to disarm Gutierrez.  Gutierrez then dropped the revolver and was seen on surveillance video getting into a truck in the casino parking lot.  He was then pursued in the truck by Rio Rancho Police Department officers and subsequently crashed.  The officers then found Gutierrez hiding in the area near the vehicle crash, and he was later identified by officers of the Santa Ana Tribal Police Department as the armed suspect from the casino’s surveillance video.

Gutierrez 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 Homeland Security Investigations, the Santa Ana Police Tribal Department, the Corrales Police Department and the Rio Rancho Police Department.  Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting this case.

Justin Benally to Serve 22-Year Prison Sentence for Aiding and Abetting Murder

ALBUQUERQUE – Justin Benally, 26, of Farmington, N.M., pled guilty today to a second degree murder charge arising out of the kidnapping and brutal murder of a 28-year old Navajo woman.  Two co-defendants, Mariah Benally, 22, and LaSheena Jacquez, 27, both of Kirtland, N.M., entered similar guilty pleas last month.

Justin Benally, Mariah Benally and Jacquez are three of five individuals, all of whom are enrolled members of the Navajo Nation, who were indicted in Jan. 2014, on criminal charges arising from the kidnapping and murder of the victim on Oct. 23, 2013.  The five defendants previously had been arrested in Dec. 2013, on a criminal complaint that was filed after law enforcement authorities received information that the victim, who had been reported as missing in Nov. 2013, had been murdered.  The victim’s remains were recovered on Dec. 9, 2013.

In addition to charging Justin Benally, Mariah Benally and Jacquez, the four-count indictment also charged Patrick Benally, 26, of Kirtland, and Scott Thompson, 28, of Farmington, with first degree murder, kidnapping, and conspiracy to kidnap.  It also charged Justin Benally, Mariah Benally, Jacquez and Thompson with harboring Patrick Benally to prevent his arrest on a warrant for an unrelated crime.  The indictment alleges that the crimes charged occurred on the Navajo Indian Reservation within San Juan County, N.M.

This morning, Justin Benally pled guilty to a felony information charging him with second degree murder.   In entering his guilty plea, Justin Benally admitted aiding and abetting the victim’s murder by participating in her kidnapping and taking actions that ultimately resulted in the victim’s death.  Under the terms of his plea agreement, Justin Benally will be sentenced to a 22-year term of imprisonment.  He remains in custody pending his sentencing hearing, which has yet to be scheduled.

On Oct. 29, 2014, Mariah Benally also pled guilty to a second degree murder charge.  Mariah Benally admitted causing the victim’s death by throwing rocks at her, and aiding and abetting others who also caused the victim’s death.  She also admitted throwing rocks at the victim after the victim had been repeatedly stabbed by three of her co-defendants and thrown off a cliff by one of the co-defendants.  Mariah Benally also aided her co-defendants in restraining the victim and transporting her to the murder site, and destroying evidence of their crimes.   

Jacquez pled guilty to a second degree murder charge on Oct. 16, 2014, and admitted causing the victim’s death on Oct. 23, 2013, by repeatedly stabbing the victim with a knife, throwing rocks at the victim, and aiding and abetting others who also caused the victim’s death. Jacquez also admitted that she destroyed evidence and aided and abetted others in the destruction of evidence in an effort to evade prosecution.

Mariah Benally and Jacquez have been in federal custody since they were arrested and remain detained pending their sentencing hearings, which have yet to be scheduled.  Each faces a maximum statutory penalty of life imprisonment.

The two remaining co-defendants have entered not guilty pleas to the indictment and are detained pending trial, which has not yet been scheduled.  If convicted of the charges in the indictment, each faces a maximum statutory penalty of life imprisonment.  Charges in indictments are merely accusations and defendants are presumed innocent unless convicted in a court of law.

 This case was investigated by the Farmington office of the FBI, the Farmington Police Department and the San Juan County Sheriff’s Office.  Assistant U.S. Attorneys Niki Tapia-Brito and David Adams are prosecuting the case.

ALBUQUERQUE – Michael Garcia, 38, a former detective with the Las Cruces Police Department (LCPD) in Las Cruces, N.M., was sentenced today for violating the civil rights of an LCPD student intern.  Garcia was sentenced to nine years in prison followed by five years of supervised release. Garcia also was ordered to forfeit his law enforcement certification and comply with federal and state sex offender registration requirements. 

Garcia pled guilty on April 17, 2014, to a one count information charging him with violating the civil rights of the victim by sexually assaulting her.  At the time of the assault, Garcia was assigned to a unit that focused on child abuse and sex crimes investigations. According to court documents, as a detective, Garcia worked with students who participated in Las Cruces High School’s Excel program, through which students interned at the LCPD.  On or about May 4, 2011, Garcia took the victim on a ride-along in his department-issued vehicle to visit a crime scene.  Afterward, instead of driving the victim directly back to the police department so that she could retrieve her belongings and go home, Garcia drove her to a secluded location where he sexually assaulted her.
          
“The defendant abused his authority as a sex crimes detective in the most horrific way, exploiting the victim’s trust in him to commit his egregious acts,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division.  “The Civil Rights Division will continue to vigorously prosecute law enforcement officers who use the power of their position to engage in sexual abuse.  The victim showed tremendous bravery when she came forward, and we are thankful for the law enforcement officers in this case, as well as the vast majority of others, who support and help victims of crime.”

“Our system of justice is clear and unequivocal – every law enforcement officer must follow the laws they are sworn to enforce,” said U.S. Attorney Damon P.  Martinez. “Any time a law enforcement officer breaks the law it undermines the public’s trust in the legal system, and we will do everything we can to ensure that trust is not compromised.”

“Law enforcement officers receive a lot of authority in order to serve their community, and the majority of them use that power wisely.  But when an officer tramples on the civil rights of someone he swore to protect, it's up to the FBI and our partners to make sure that violator is investigated and prosecuted to the full extent of the law,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.  “I would like to thank the Las Cruces Police Department for assisting with this investigation, and congratulate the U.S. Attorney's Office on its successful prosecution.”

This case was investigated by the Las Cruces Resident Agency of Albuquerque Division of the FBI and the LCPD and was prosecuted by Assistant U.S. Attorney Holland S. Kastrin for the District of New Mexico and Trial Attorney Fara Gold of the Justice Department’s Civil Rights Division.

ALBUQUERQUE – Luis Delgadillo, 38, of El Paso, Texas, pled guilty today to an indictment charging him with conspiracy to distribute methamphetamine and heroin into the Otero County Prison Facility (OCPF) in Chaparral, N.M.  At the time of the indictment, Delgadillo was employed as a corrections officer at OCPF.  Delgadillo is the last of six defendants to enter a guilty plea in this case. 

Delgadillo was indicted in Aug. 2014, on a drug trafficking conspiracy charge together with Gary Borja 26, Armando Lopez, 28, and Ana Lopez, 26, all of Albuquerque, N.M.; Nancy Salas, 35, of Alamogordo, N.M., and Eric Lovato, 30, of Boles Acres, N.M.  The six defendants were charged with participating in a conspiracy to smuggle drugs into the OCPF between Dec. 2013 and April 2014, when Borja, Armando Lopez and Lovato were inmates at the facility and   Delgadillo was a corrections officer.

According to court filings, the FBI initiated an investigation into the case in Jan. 2014, after receiving information from the New Mexico Corrections Department (NMDOC) allegedly showing that Delgadillo was smuggling heroin and methamphetamine into the OCPF.  The investigation, which included a review of recorded inmate telephone calls and OCPF surveillance video, physical surveillance and the results of inmate drug testing, identified the six defendants as members of a conspiracy to allegedly smuggle narcotics into the OCPF between Jan. 2014 and April 2014. 
           
In entering his guilty plea, Delgadillo admitted participating in a conspiracy to smuggle drugs into the OCPF between Dec. 2013 and April 2014.  Delgadillo admitted smuggling an ounce of methamphetamine into the OCPF in Dec. 2013; an ounce of heroin in Feb. 2014; and another ounce of heroin in April 2014.  He also admitted that on April 26, 2014, he met with Ana Lopez and obtained 25 grams of methamphetamine, 11 grams of heroin and 10 suboxone pills from her. He was arrested before he was able to smuggle the drugs into the OCPF.

Each of the six defendants faces a statutory maximum penalty of 20 years in prison when sentenced.  They remain in federal custody pending their sentencing hearing, which have yet to be scheduled.

This case was investigated by the Las Cruces office of the FBI and the New Mexico Corrections Department and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Michael Paul Cerno, 38, of Acoma Pueblo, N.M., pleaded guilty this morning to felony information charging him with sexual abuse of a child under the age of 16 but older than 12.  Under the terms of his plea agreement, Cerno will be sentenced to a federal prison term of 65 months followed by a term of supervised release to be determined by the court.  Cerno will also be required to register as a sex offender.

Cerno, an enrolled member of the Pueblo of Acoma, who resides in Cibola County, N.M., was arrested in Aug. 2014, on a criminal complaint alleging that he sexually abused a 14-year old girl.  The indictment alleged that Cerno sexually abused the victim between July 1, 2011 and July 31, 2011, in Indian Country in Cibola County, N.M.  Law enforcement authorities learned of the crime two and a half years later.

During today’s plea hearing, Cerno admitted that between July 1, 2011 and July 31, 2011, he knowingly engaged in a sexual contact with the victim at a time when she was physically incapable or unable to decline participation in the sexual act.  Cerno acknowledged committing the crime in Acoma Pueblo.

Cerno has been in federal custody since his arrest.  He remains detained pending his sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI, the Acoma Tribal Police Department, and the Laguna/Acoma Agency of the BIA’s Office of Justice Services. 

The case is being prosecuted by Assistant U.S. Attorney David M. 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/.

ALBUQUERQUE – Armando Conrad Gonzales, 33, of Las Cruces, N.M., pleaded guilty this morning in federal court in Las Cruces to drug trafficking and firearms charges.  Under the terms of his plea agreement, Gonzales will be sentenced to 100 months in federal prison followed by a term of supervised release to be determined by the court.

Gonzales was charged in July 2014, with two co-defendants who previously had been arrested.  Charles Douglas Notbohm, Jr., 50, of Tucson, Ariz., was arrested in Lordsburg, N.M., on Feb. 21, 2014, after officers executed a search warrant on the vehicle in which he were traveling and found more than 116 grams of methamphetamine.  On May 21, 2014, Notbohm and James Richard Reeves, 46, also of Tucson, 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

Today, Gonzales pled guilty to Counts 1 and 3 of the superseding indictment, charging him with a methamphetamine distribution conspiracy 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.  

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.

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.  At sentencing, he faces a prison sentence of not more than twenty years.

All three men have been in federal custody since their respective arrests.  They remain detained pending their respective sentencing hearings, which have yet to be scheduled.  

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.

ALBUQUERQUE – Christopher Jason Kidd, 38, of Clovis, N.M., pleaded guilty this morning to participating in a methamphetamine trafficking conspiracy.  Under the terms of the plea agreement, Kidd will be sentenced to 78 months in federal prison followed by five years of supervised release. 

Kidd and three co-defendants, Tina Tafoya, 33, and John Jesse Perez, Jr., 45, both of Clovis, N.M., and Jeanette Driever, 37, of Grady, N.M., were indicted in Feb. 2014, on federal methamphetamine trafficking charges.  Count 1 of the three-count indictment alleged that the defendants conspired to distribute methamphetamine in Curry County, N.M., between Sept. 2013 and Nov. 2013.  Count 2 alleged that Kidd and Tafoya possessed methamphetamine with intent to distribute on Nov. 6, 2013, and Count 3 alleged that Driever and Perez possessed methamphetamine with intent to distribute on that same day.

During today’s hearing, Kidd entered a guilty plea to Count 1 of the indictment and admitted conspiring with his co-defendants to distribute methamphetamine in Curry County.  Kidd’s plea agreement states 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 same day, Kidd and Tafoya also possessed another half-pound of methamphetamine at their residence.

Kidd remains in federal custody pending his sentencing hearing, which has yet to be scheduled.

Kidd’s co-defendants have entered not guilty pleas to the indictment.  The three remain in custody pending their trial, which is scheduled for Jan. 8, 2015.  An indictment is merely an accusation and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

ALBUQUERQUE – Thomas Navaho, 21, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced yesterday afternoon to 24 months in federal prison followed by three years of supervised release for his assault conviction.

Navaho was arrested on March 4, 2014, on a criminal complaint charging him with assault, then was subsequently charged in a two-count indictment with assault resulting in serious bodily injury and assault with a dangerous weapon.  According to court filings, Navaho assaulted the victim, another Navajo man, on Feb. 22, 2014, at a location within the Navajo Indian Reservation. 

On July 14, 2014, Navaho entered a guilty plea to Count 1 of the indictment charging him with assault resulting in serious bodily injury.  Navaho admitted that on Feb. 22, 2014, he initiated the assault by choking the victim while he was asleep.  Navaho continued his assault on the victim during a physical altercation, during which the victim sustained injuries requiring medical attention.

ALBUQUERQUE – Grace Roman Childers, 60, of Roswell, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to 70 months in federal prison followed by five years of supervised release for her methamphetamine trafficking conviction.  Childers was also ordered to forfeit $7,420.00.  The sentence was announced by U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Commander Byron Wester of the Lea County Drug Task Force (LCDTF).

Childers was arrested in Fort Worth, Texas, on July 17, 2013, on a federal criminal complaint alleging methamphetamine trafficking and firearms charges, and was transferred to New Mexico on July 31, 2013.  According to the criminal complaint, officers of the LCDTF arrested Childers in Hobbs, N.M., on state charges on Feb. 19, 2013, after finding approximately 300 grams of methamphetamine and a loaded handgun when they executed a state search warrant on a vehicle Childers was driving.  The officers also found a digital scale with drug residue and $7,420 cash in Childers’ vehicle.  The state charges against Childers were dismissed after federal charges were filed.

On March 13, 2014, Childers entered a guilty plea to possession of methamphetamine with intent to distribute, and admitted possessing approximately 299.85 grams of pure methamphetamine on Feb. 19, 2013, in Lea County, N.M.  She further admitted that she was storing the drugs in her vehicle with the intention of distributing the drugs before they were seized by law enforcement officers.

This case was investigated by the Roswell office of the FBI and the Lea County Drug Task Force, with assistance from the 5th Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorneys Shaheen P. Torgoley and Terri J. Abernathy.

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 and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Hai Gan, 57, a legal, permanent resident from China who resides in The Colony, Texas, was sentenced yesterday afternoon in federal court in Las Cruces, NM, for his conviction on fraud, immigration and witness-tampering charges.   The sentence was announced by U.S. Attorney Damon P. Martinez, Acting Special Agent in Charge Tom Hernandez of Homeland Security Investigations (HSI) in El Paso, Texas, and Acting Chief Patrol Agent Benjamin C. Huffman, El Paso Sector of the U.S. Border Patrol.

Hai Gan was sentenced to 41 months in federal prison; he will be deported after he completes his prison sentence.  Hai Gan was also ordered to forfeit to the United States his interests in four houses used by Gan to facilitate his criminal activity and approximately $27,000.00, which represent part of his criminal proceeds.

Hai Gan was arrested on May 11, 2011, at a U.S. Border Patrol checkpoint on Interstate 25 north of Doña Ana County, N.M., when Border Patrol Agents learned that he was transporting an illegal alien.  Hai Gan subsequently was indicted and charged with 51 counts of fraud in connection with identification documents, eight counts of transporting illegal aliens, three counts of money laundering and two counts of witness-tampering.  The indictment also sought forfeiture of four residences owned by Hai Gan, including two in Albuquerque, N.M., and one in Moriarty, N.M.

On Feb. 11, 2014, Hai Gan was convicted on all 64 counts of the indictment by a federal jury after a six-day trial.  The evidence at trial established that from Aug. 2009 to May 2011, Hai Gan engaged in a scheme to aid undocumented aliens who were not New Mexico residents in obtaining New Mexico drivers’ licenses by assisting the aliens in fabricating fraudulent documents purportedly establishing New Mexico residency; arranging for the aliens to travel to New Mexico; and assisting the aliens in securing New Mexico drivers’ licenses by fraudulently attesting that they were New Mexico residents.  The evidence also established that Hai Gan advertised his services in Chinese–language newspapers, and charged each alien upwards of $3000 for his services.  Hai Gan would first work with the alien to develop false residency documents using one of the residences he owned in New Mexico as the alien’s address.  After sufficient fraudulent residency documentation was developed, Hai Gan typically would meet the alien at the Albuquerque airport and assist the alien in obtaining a temporary New Mexico driver’s license.  When the alien’s permanent driver’s license was delivered to the address identified as the alien’s residence, Hai Gun would then mail the driver’s license to the alien’s true home.

The evidence also established that Hai Gan transported undocumented aliens in Bernalillo and Torrance Counties on eight occasions between Dec. 2009 and May 2011.  An undocumented alien testified that in Nov. or Dec. 2012, Hai Gan attempted to dissuade him from testifying against him by suggesting that he would be arrested if he did not relocate.  The wife of another alien testified that Hai Gan called her and requested that her husband relocate or deny knowledge of Hai Gan’s criminal activities.  

This case was investigated by Homeland Security Investigations, the U.S. Border Patrol, the Department of Homeland Security-Office of Inspector General, and HSI El Paso’s Financial Operations and Currency Unified Strike Force (FOCUS), which includes DEA, Texas Department of Public Safety, IRS Criminal Investigation and U.S. Secret Service, and the Tax Fraud Investigations Division of the New Mexico Taxation and Revenue Department.  The case was prosecuted by Assistant U.S. Attorney Randy M. Castellano and Special Assistant U.S. Attorney Michael S. Pleters of U.S. Immigration and Customs Enforcement. 

Prior Felon Prosecuted Under Federal “Worst of the Worst” Anti-Violence Initiative

ALBUQUERQUE – Abran Felipe Armijo, 46, of Albuquerque, N.M., was sentenced yesterday to 151 months in federal prison followed by three years of supervised release for his bank robbery conviction.  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 Albuquerque Police Chief Gorden Eden, Jr.

Armijo was arrested on Jan. 4, 2012, and charged by criminal complaint with robbing the BBVA Compass Bank branch located at 13140 Central Avenue SE in Albuquerque on that day.  Armijo subsequently was indicted on that same charge.

Court filings reflect that on Jan. 4, 2012, Armijo entered the bank, verbally demanded money from a bank teller, and threatened the teller to comply with his demand.  After the bank teller gave money to Armijo, he fled from the bank on foot.  Acting on a tip, officers of the Albuquerque Police Department located Armijo in an apartment in southeast Albuquerque where he was hiding in a closet with a plastic bag containing money.  Armijo was arrested after a witness positively identified him as the bank robber.

On July 25, 2013, Armijo pled guilty to the indictment without the benefit of a plea agreement. 

Armijo’s sentence in this case was enhanced because of his status as a career offender. He was convicted of a crime of violence after having been previously convicted of at least two crimes of violence, two controlled substances crimes or a combination of the two types of offenses.

Armijo was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this anti-violence 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.

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

ALBUQUERQUE – Sonny Roy Valdez, 19, a member of the Mescalero Apache Nation, entered a guilty plea today in federal court in Las Cruces, N.M., to a federal assault charge.  The guilty plea was entered without the benefit of a plea agreement.

Valdez was arrested on June 5, 2014, on a criminal complaint charging him with assault resulting in serious bodily injury.  According to the criminal complaint, Valdez assaulted his intimate partner, a Mescalero Apache woman, on May 27, 2014, by biting off part of her lip.  The victim’s injuries required medical treatment and hospitalization. The offense occurred within the Mescalero Apache Reservation in Otero County, N.M. 

Today Valdez pled guilty to a felony information charging him with assault resulting in serious bodily injury and admitted assaulting the victim. 

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

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

ALBUQUERQUE – Steven Paul Tharpe, 51, a member and resident of the Laguna Pueblo, was sentenced this morning to 24 months in federal prison followed by three years of supervised release for his attempted robbery conviction. 

Tharpe was arrested on May 15, 2014, on an indictment charging him with attempted robbery, and has been in federal custody since that time.  According to the indictment, on July 21, 2012, Tharpe attempted to commit a robbery in Indian Country in Cibola County, N.M.

On July 9, 2014, Tharpe entered a guilty plea to the indictment and admitted that he attempted to rob the Sky City Casino, which is located in Acoma Pueblo, on July 21, 2012.  In his plea agreement, Tharpe admitted that he attempted to rob the Casino by displaying a BB gun to a teller in a cashier’s cage at the Casino and demanding money.

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, and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

ALBUQUERQUE – Harold Anthony Nez, 36, an enrolled member of the Navajo Nation who resides in Navajo, N.M., pleaded guilty today to a federal assault charge.  Under the terms of his plea agreement, Nez will be sentenced to 15 month in federal prison followed by a term of supervised release to be determined by the court.

Nez was arrested on Feb. 20, 2014, on a criminal complaint alleging that he assaulted his intimate partner, a Navajo woman, on Jan. 16, 2014, by driving into her with a vehicle and pinning her left leg against a fence.  The assault occurred in Navajo in McKinley County, N.M.  Nez subsequently was indicted and charged with assault with a dangerous vehicle and assault resulting in serious bodily injury.

Today Nez pled guilty to an assault resulting in serious bodily injury charge.  In his plea agreement, Nez admitted assaulting his intimate partner by hitting her with a vehicle.  Nez admitted that as a result of the assault, the victim suffered extreme physical pain and severe bruising to the leg that required medical attention.

Nez has been in federal custody since his arrest.  He remains detained pending sentencing, which has yet to be scheduled.

This case was investigated by the Window Rock, Arizona office, of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney David Adams. 

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

ALBUQUERQUE – The Department of Justice commends the Albuquerque City Council for its historic vote unanimously endorsing the settlement agreement on use of force by the Albuquerque Police Department.  Yesterday’s vote affirmed the Council’s partnership in pursuing sustainable reforms that will ensure constitutional and effective policing, promote greater trust between officers and the communities they serve, and protect officer and public safety.  The Department looks forward to filing the settlement agreement in court and starting these essential reforms.

ALBUQUERQUE – The Department of Justice commends the Albuquerque City Council for its historic vote unanimously endorsing the settlement agreement on use of force by the Albuquerque Police Department.  Yesterday’s vote affirmed the Council’s partnership in pursuing sustainable reforms that will ensure constitutional and effective policing, promote greater trust between officers and the communities they serve, and protect officer and public safety.  The Department looks forward to filing the settlement agreement in court and starting these essential reforms.

ALBUQUERQUE – Loreena Ann Yazzie, 27, an enrolled member of the Navajo Nation who resides in Durango, Colo., pled guilty this morning in federal court in Albuquerque, N.M., to a child abuse charge.

Yazzie was arrested on April 7, 2014, on a criminal complaint alleging an assault charge.  According to the criminal complaint, Yazzie injured an infant who was a passenger in a vehicle she was driving when Yazzie caused a single-car collision by falling asleep at the wheel.  Yazzie allegedly was intoxicated at the time of the collision.  The collision occurred on April 2, 2014, south of Shiprock, N.M., which is located within the Navajo Indian Reservation.  Yazzie subsequently was indicted and charged with assault resulting in serious bodily injury and child abuse. 

During today’s plea hearing, Yazzie entered a guilty plea to the child abuse charge and admitted placing a child in a situation that endangered the child’s life or health.

Under the terms of the plea agreement, Yazzie will be sentenced to a term of probation to be determined by the court.  Yazzie’s sentencing hearing has yet to be scheduled.

ALBUQUERQUE – Fanderick Chiquito, 23, an enrolled member of the Navajo Nation who resides in Upper Fruitland, N.M., was sentenced to 16 months in federal prison for his involuntary manslaughter conviction. Chiquito will be on supervised release for three years after completing his prison sentence.

Chiquito was arrested on Dec. 31, 2013, on a criminal complaint alleging that he killed a Navajo woman on Dec. 23, 2013, while driving under the influence of alcohol in a location within the Navajo Indian Reservation.  According to court filings, Chiquito caused a three-vehicle collision near mile marker 25 on Navajo Route 36 when he tried to pass a line of vehicles and struck another vehicle head on while driving in the oncoming lane.  Both vehicles spun out of control on impact and one of the vehicles struck a third vehicle.  The victim, a passenger in Chiquito’s vehicle, died of internal injuries she sustained during the collision.  After Chiquito was treated for minor injuries, he was arrested on tribal charges based on blood test results indicating a .29 BAC.

On Jan. 22, 2014, Chiquito was charged with involuntary manslaughter in federal court.  The indictment alleged that Chiquito killed the victim while driving a vehicle under the influence of intoxicating liquor and operating a vehicle carelessly and in wanton disregard for the rights and safety of others. 

On April 1, 2014, Chiquito pleaded guilty to the indictment without the benefit of a plea agreement.

This case was investigated by the Farmington Resident Agency of the FBI’s Albuquerque Division and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – John Greene, 70, a former captain at the Gallup-McKinley Adult Detention Center (GMADC), entered a guilty plea to charges related to the sexual assaults of female inmates in his custody.  Greene pleaded guilty to three counts of violating each of the victim’s right to bodily integrity by engaging in sexual contact against their will.  Greene also pleaded guilty to two counts of making material false statements to the FBI when he denied both touching the breasts of one female inmate and having personal contact with another female inmate.

According to court documents, Greene admitted that in his capacity as a captain at GMADC, he had regular access to female inmates when he accompanied them to court hearings, transported them to other facilities, and had them brought to his office.  This regular access gave him the opportunity to engage in unwanted sexual contact with three different women in December 2008 and January 2009.  Greene committed these acts, knowing it was wrong, against the law and without the victims’ consent, but he did so anyway for his own gratification.

Greene also admitted that he lied to the FBI about his conduct on two occasions.

Under the terms of the plea agreement, Greene will be sentenced to five years of probation.  As part of the plea agreement, Greene will forfeit his law enforcement certification and must comply with sex offender registration requirements. 

A sentencing hearing has not yet been set.

ALBUQUERQUE – Federico Lujan, 27, of Serafina, N.M., was sentenced this morning to ten years and two days in federal prison followed by two years of supervised release for his conviction on assault and firearms charges.  The sentence was announced by U.S. Attorney Damon P. Martinez, Acting Special Agent in Charge William McClure, of District IV of BIA’s Office of Justice Services, and Chief Kevin Mariano of the Isleta Pueblo Tribal Police Department.

Lujan, a non-Indian man, was arrested on July 5, 2012, on a criminal complaint alleging aggravated assault charges arising out of the discharging of a rifle while threatening and menacing two Isleta Pueblo women and ten children in an Isleta Pueblo residence.  Lujan subsequently was indicted and charged with two counts of aggravated assault and one count of discharging a firearm in relation to a crime of violence.

On Feb. 21, 2014, a federal jury returned a verdict finding Lujan guilty on all three counts of the indictment after a four-day trial.  The trial evidence established that on the morning of July 5, 2012, Lujan drove to the victims’ residence armed with a .22 caliber rifle loaded with a high-capacity magazine carrying almost 50 rounds of ammunition.  After Lujan got out of his vehicle with the loaded rifle, one of the two adult victims peered out the window to see a stranger with a rifle standing in her yard.  The adult victim heard shots fired as she ran to get the children who were in the residence to safety. 

While one adult victim stayed in the home to protect the ten children who were in the home, the other adult victim went outside to try to defuse the situation.  While speaking to Lujan, the victim learned that Lujan was shooting at the residence because someone had taken his baseball cap from him the night before and he believed the cap was inside the residence.  When the victim denied knowing about the baseball cap, Lujan pointed the rifle at her, threatened to kill her, and fired his rifle again but did not hit the victim.  As Lujan drove away, the victim got the license plate number for Lujan’s vehicle.  Lujan was arrested shortly thereafter by tribal police officers who were responding to a call from the victims.  Following the arrest, the officers found a rifle in Lujan’s vehicle.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department, with assistance from the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI’s crime lab in Quantico, Va., and was prosecuted by Assistant U.S. Attorney Holland S. Kastrin and former Assistant U.S. Attorney Mark T. Baker.

ALBUQUERQUE – Calvin Frank Joe, 41, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pleaded guilty this morning to a federal involuntary manslaughter charge.  Under the terms of his plea agreement, Joe will be sentenced to 42 months in federal prison followed by three years of supervised release.

Joe was arrested on Feb. 19, 2014, on an indictment charging him with second degree murder.  The indictment alleged that Joe killed another Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on April 18, 2013.

During today’s hearing, Joe entered a guilty plea to a felony information charging him with involuntary manslaughter.  In his plea agreement, Joe admitted assaulting the victim by striking, beating and wounding him, and acknowledged that the assault resulted in the victim’s death.

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

Plea Agreement Requires Dr.  Aswad to Serve Three Years of Probation, Pay $1,298,543.00 in Restitution, and Forfeit $750,000

ALBUQUERQUE – Mohamed Basel Aswad, M.D., entered a guilty plea this afternoon in federal court in Las Cruces, N.M., to a misdemeanor information charging him with the unlawful introduction of misbranded drugs into interstate commerce.  The guilty plea was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Catherine Hermsen of the Food and Drug Administration (FDA) Office of Criminal Investigations.

Under the terms of the plea agreement, Dr. Aswad will be sentenced to three years of probation, and will be required to pay $1,298,543.00 in restitution to Medicare and Tricare, the victims of his criminal conduct.  Dr. Aswad also will be required to forfeit $750,000.00, an amount representing part of his net criminal proceeds, to the United States.

Pursuant to the Food, Drug, and Cosmetic Act (FDCA), the FDA regulates the manufacture, labeling and distribution of prescription drugs shipped or received in interstate and foreign commerce as part of its mission to protect the health and safety of the American public.  The FDCA requires businesses, whether domestic or foreign, who manufacture prescription drugs for sale and use in the United States to register with the FDA and to cooperate with the FDA.  Under the FDCA, a prescription drug is “misbranded” if it is manufactured in an establishment not registered with the FDA for commercial distribution within the United States.  A drug also is “misbranded” if the labeling bears inadequate directions for use.

According to court filings, Dr. Aswad is a board certified oncologist who has maintained a medical practice in Deming, N.M., since 2007, where he treats cancer patients.  As part of his medical practice, Dr. Aswad purchased all prescription drugs, including chemotherapy drugs, administered to his patients.  Between July 2010 and April 2012, Dr. Aswad ordered prescription cancer drugs from a Canadian company that shipped “misbranded” unapproved prescription drugs to Dr. Aswad, and Dr. Aswad administered the misbranded drugs to his patients.  Altuzan, a chemotherapy prescription drug, is one of the “misbranded” drugs Dr. Aswad ordered from the Canadian company.

In entering his guilty plea, Dr. Aswad admitted that on March 7, 2012, he ordered Altuzan from a Canadian company and the drug was shipped to his medical practice in Deming.  Dr. Aswad acknowledged that the Altuzan did not bear adequate directions for us because the packaging inserts were in Turkish.  Dr. Aswad acknowledged that the Altuzan was “misbranded” and came from a foreign company not registered by the FDA.  Dr. Aswad also acknowledged that, when the FDA executed a search warrant at his clinic on April 10, 2012, they seized the Altuzan as well as other similarly “misbranded” chemotherapy drugs that he possessed at his medical practice.  Dr. Aswad admitted that his sale of “misbranded” prescription drugs amounted to approximately $1,298,543 in proceeds.

“Serious consequences can result when those entrusted with caring for cancer patients put personal gain ahead of all other considerations,” said Special Agent in Charge Catherine Hermsen, FDA Office of Criminal Investigations. “Our office will continue to work to bring to justice all those who violate federal laws that promote public health.”

ALBUQUERQUE – Noah John Carney, 20, of Phoenix, Ariz., was sentenced today in federal court in Las Cruces, N.M., to ten years imprisonment for attempting to induce a minor to produce child pornography.  Carney will be on supervised release for ten years after he completes his prison sentence.  He also will be required to register as a sex offender.

Carney was arrested in Oct. 2013, on a criminal complaint charging him with inducing a minor to engage in sexually explicit conduct and attempting to have a minor produce child pornography.  In March 2014, Carney was indicted and charged with (1) attempting to produce child pornography, (2) attempting to receive child pornography, and (3) attempting to entice a minor to engage in sexual activity.  

On May 2, 2014, Carney entered a guilty plea to Count 3 of the indictment charging him with attempting to entice a minor to engage in sexual activity.  In entering his guilty plea, Carney admitted contacting the victim through an Internet game in Aug. 2013, and learning that the victim was 13-years-old.  During that “chat” and subsequent telephone, email and text communications, Carney engaged in sexually explicit conversations with the victim.  Carney asked the victim to send him nude photographs of her and sent her a nude photograph of him.   He also discussed plans to travel to New Mexico to have sex with the victim. 

The FBI performed a search of the victim’s cellular telephone and Kindle device, and found Carney’s nude photo and some of the “chats” between Carney and the child victim.  In mid-Sept. 2013, the Albuquerque Police Department (APD) joined the FBI’s investigation and an APD officer assumed the victim’s on-line identity and began communicating with Carney.  During an Oct. 3, 2013 “chat,” Carney asked the officer who was posing as the child victim for a sexually explicit photo, and on the following day, Carney sent the officer a video of an adult engaged in sexually explicit conduct.  Carney was arrested in Phoenix by the FBI on Oct. 24, 2013, and thereafter was transferred to New Mexico to face the charges in this case.

This case was investigated by the Las Cruces office of the FBI and APD, with assistance from the New Mexico Regional Computer Forensic Laboratory, and was prosecuted by Special Assistant U.S. Attorney Anna Wright of the U.S. Attorney’s Las Cruces Branch Office. 

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/.

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

ALBUQUERQUE – Algar Horsechief, 27, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to two federal assault charges.  During today’s hearing, Horsechief admitted assaulting his intimate partner by strangulation.  He also admitted assaulting another woman and causing her serious bodily injury.

Horsechief was arrested on Aug. 1, 2014, on a criminal complaint charging him with assaulting his intimate partner, a Navajo woman, by strangulation, and also with assaulting her with a dangerous weapon, a wooden stick, with intent to cause bodily harm.  Horsechief also was charged with assaulting a second victim, another Navajo woman, and causing her serious bodily injury.  According to the indictment, Horsechief committed the crimes on the Navajo Indian Reservation in San Juan County, N.M., on July 24, 2014.

On Aug. 26, 2014, Horsechief was indicted and charged with (1) assault of an intimate partner by strangulation; (2) assault with a dangerous weapon; and (3) assault resulting in serious bodily injury.

Today, Horsechief entered guilty pleas to Counts 1 and 3 of the indictment.  In his plea agreement, Horsechief admitted assaulting his intimate partner by biting her left hand, dragging her on the ground by her hair, and strangling her and impeding her breathing.  Horsechief also admitted assaulting a second victim by placing his hands around her neck and strangling her until she lost consciousness.

Horsechief has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  Under the terms of his plea agreement, Horsechief will be sentenced to a federal prison term within the range of 36 to 50 months, and a term of supervised release to be determined by the court.

This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety with assistance from the Farmington office of the FBI, and is being prosecuted by Assistant U.S. Attorney David Adams.

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

ALBUQUERQUE – Rodger Ernest Andrew Taylor, 67, was sentenced on Friday in federal court in Las Cruces, N.M., to 24 months in federal prison followed by five years of supervised release for failing to comply with the Sex Offender Registration and Notification Act (SORNA).  Taylor, a resident of Portales, N.M., also was ordered to pay a $10,000.00 fine.  He will be required to register as a sex offender after he completes his prison sentence.

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

Taylor was arrested in Nov. 2013, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration.  On Feb. 19, 2014, Taylor was indicted and charged with failing to update his sex offender registration in Roosevelt County, N.M., between Oct. 2011 and Aug. 2012.  Taylor pled guilty to the indictment on June 19, 2014.

According to court filings, Taylor was convicted of a sex offense in Sept. 2000, in Washington state and was sentenced to 15 months of imprisonment.  As part of his sentence, Taylor was required to register as a sex offender and update his registration with the sheriff of the county where he maintained his residence.  Within three days if he established a new residence, Taylor was required to notify the sheriff of the county of his prior residence and the sheriff of the county of his new residence. 

In entering his guilty plea, Taylor admitted that between Oct. 2011 and Aug. 2012, he lived in Roosevelt County, N.M., but failed to notify the sheriff of that county that he was residing in the county.  Taylor also admitted failing to notify the authorities in Washington state that he had relocated to New Mexico.

Defendant Assaulted his Wife on Grounds of Veterans Administration Complex

ALBUQUERQUE – A federal jury returned a verdict Friday evening finding a veteran guilty on a misdemeanor domestic violence charge after a three-day trial.  Leslie Chapman, 45, a veteran from Abilene, Texas, was convicted on an aggravated battery against a household member charge, and acquitted of the misdemeanor offense of interfering with communications.

Chapman was arrested on a criminal complaint alleging that he assaulted his wife on the grounds of the Veterans Administration complex in Albuquerque, N.M., on Jan. 26, 2014.  He subsequently was charged in a misdemeanor information with aggravated battery against a household member, interference with communications, and possession of a firearm in a Veterans Administration facility.  The firearms charge was dismissed by the United States prior to trial.

Chapman’s trial began on Oct. 29, 2014, and concluded on the evening of Oct. 31, 2014, when the jury returned a verdict of guilty on the domestic violence charge and not guilty on the interference with communications charge.  The evidence at trial established that on the evening of Jan. 26, 2014, officers of the Department of Veterans Affairs Police Department responded to a call reporting a physical disturbance involving a man and a woman at a lodging hall in the Veterans Administration complex in Albuquerque, N.M.  On arrival, the officers found the victim, upset and crying.

The victim reported that Chapman assaulted her in their room by hitting her in the chest, head, neck, back and arms.  The victim also reported that Chapman refused to let her leave the room and grabbed her telephone while she was talking to a relative.  The officers observed physical injuries on the victim, including bruising, swelling and scratches on the victim’s fingers, hand and arm.

Chapman testified in his own defense and denied assaulting the victim.  Chapman claimed that the victim assaulted him.  Chapman also denied that he prevented the victim from making telephone calls to seek assistance.

Chapman remains on conditions of release pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Chapman faces a statutory maximum penalty of a year in prison and/or five years of probation.

This case was investigated by the Department of Veterans Affairs Police Department at the Veterans Affairs Medical Center in Albuquerque, and is being prosecuted by Assistant U.S. Attorneys Linda Mott and William J. Pflugrath.

Remarks as Prepared for Delivery

ALBUQUERQUE – Good afternoon and thank you for being here.  I am joined by my colleague Vanita Gupta, Acting Assistant Attorney General of the Justice Department’s Civil Rights Division, Mayor Richard M. Berry, and Albuquerque Police Chief Gorden E. Eden, Jr., to announce a new chapter for policing in Albuquerque.  The Department of Justice, acting through the Civil Rights Division and the U.S. Attorney’s Office, and the City of Albuquerque have concluded their negotiations following the Department’s April 10, 2014 investigative findings regarding the Albuquerque Police Department.  We are announcing today that we have reached a court-enforceable Settlement Agreement that will resolve this matter without the need for costly and protracted civil litigation.

This Agreement will implement sustainable reforms to ensure high quality, effective and constitutional police services for Albuquerque.  It is also a roadmap for rebuilding the bond between the community and the police officers who risk their lives every day to protect the public.

Acting Assistant Attorney General Gupta will be going into further detail into some of the innovative and unique features of this comprehensive agreement, but before she does so, I want to address several critical points about this landmark Agreement.  First, I want to thank the Albuquerque community for being fully engaged and involved throughout this process.  Your contributions during the investigation and following the release of our findings in April have been invaluable.  I also want to thank you for your patience during our negotiations.  Like any other settlement negotiation, it was important to create the right conditions for candid and direct discussions.  As you will see, the Agreement is comprehensive and covers all of the eight areas discussed in our findings letter, and it reflects many of the ideas and suggestions you shared so passionately with us. 

As many of you know, the DOJ team engaged in an unprecedented level of outreach to a broad cross-section of stakeholders in Albuquerque, including families of individuals killed as a result of officer-involved-shootings; police officers and their families; advocates for civil rights, mental health, the homeless and immigrants; the faith-based community; and the business community.  Over the course of DOJ’s involvement, we have held multiple community meetings across the City and interviewed almost 700 individuals.  We also had more than 40 meetings attended, in total, by more than 500 police officers, in addition to several meetings with more than 50 members of the Albuquerque Police Officers Association.  We received and responded to hundreds of calls to our community telephone line and more than 1000 emails sent to our community email box.  We also met with numerous stakeholder groups to gain their perspective. 

We brought what we learned about the path forward for APD to the negotiation table.  As you read through this 106-page Agreement, you will find this Agreement is specifically tailored to the unique needs of the Albuquerque community and APD.  It reflects Albuquerque’s ideas, Albuquerque’s values and Albuquerque’s aspirations for the Albuquerque Police Department.

For example, the Agreement provides greater controls in the use and deployment of specialized units.  In some cases, units intended to serve investigative functions had evolved into their own tactical units with special weapons, but without the proper supervision or oversight.  The Agreement requires ongoing monitoring, inspections, and supervision, so that tactical units restore their mission as units dedicated to saving lives in high-risk situations, and that other units do not become unofficial SWAT teams.

One of the investigative units identified as problematic was the Repeat Offender Program, known as “ROP.”   The City has agreed to dismantle ROP within 90 days of the Agreement’s effective date.   Disbanding ROP is a small piece of the greater effort to ensuring constitutional, effective policing.

I would now like to address the rank-and-file of the Albuquerque Police Department.  I want to thank you for your professionalism throughout this process and for recognizing that this process will help bring the support that you need to carry out your duties effectively and in accordance with the laws that you were sworn to uphold.   I thank you for the difficult work that you do to keep our people safe and for being in the front line of the reform effort.

The DOJ team spent many hours in early morning briefings and late night shifts listening to your concerns, and we are grateful for your willingness to express your views honestly and constructively.   In those discussions, we learned that officers are not afraid of greater accountability for using force, but that they do have serious concerns with perceptions that the disciplinary system is inconsistent and arbitrary.  Today’s Agreement requires that APD develop a fair and consistent disciplinary system and that supervisors are held accountable for the quality of their reviews.  Ms. Gupta will discuss in further detail how the Agreement responds to other concerns raised by our officers.

I want to thank the people of Albuquerque for coming together to face these challenges.  Another very important, related challenge for Albuquerque involves our behavioral healthcare system.  We know that mental health providers and other community stakeholders have formed a city-county task force to explore solutions to the challenges facing many individuals who have serious mental illnesses or who are chronically homeless.  That dialogue and action is critical and it will help support APD as it develops and strengthens its specialized responses to people in crisis. 

We also commend the inspiring efforts made by the faith community to join together and discuss solutions and facilitate peaceful demonstrations regarding APD and for the work that you do every day to meet the needs of the most vulnerable residents of our City. 

We thank the Albuquerque community as a whole because your work has made a difference and this Agreement reflects that work.  We now stand here with you, with APD and its officers, and the City of Albuquerque to write the next chapter of APD – one that will be guided and given a sense of purpose by the commitments embodied in this Agreement.

The parties have signed a commitment letter outlining next steps.  That letter confirms that DOJ and the City of Albuquerque will sign the Agreement no later than Nov. 10, 2014, after the Agreement is presented by the Mayor to the City Council next week for the Council’s consultation and endorsement.  The parties will then file the Agreement with the United States District Court.  Following court approval of the Agreement as a court order, the implementation of the Agreement will be supervised by an independent monitor who, in turn, will be supervised by the court.  The monitor will compile and produce compliance reports that will be publicly available, and will engage with community stakeholders to keep the public informed about the Agreement’s implementation on an ongoing basis.

In closing, I want to reiterate that this Agreement will advance meaningful and measurable reforms that ensure effective policing and build community trust for our police officers.  Throughout this process, the DOJ team and I repeatedly have said that the vast majority of APD officers are honorable law enforcement professionals who risk their physical safety and well-being for the public on a daily basis.  We say this because it’s true.  Our officers’ work is not easy and their duties often are performed under difficult and dangerous circumstances.  We are optimistic about APD’s future because so many of its officers are committed to making our neighborhoods safer places to live, work and play, and doing so with integrity and in compliance with the Constitution and the law.  This Agreement will help our officers carry out their duties while protecting their safety and their rights.

We are confident that our community will support APD through this reform process because they want APD to succeed.  We believe that the people of Albuquerque are committed to being part of the dialogue necessary to ensure that these reforms promote constitutional policing while giving the men and women of the Albuquerque Police Department the support they need to fight crime effectively.

Remarks as Prepared for Delivery

ALBUQUERQUE, NEW MEXICO

Good afternoon and thank you all for joining us.  Thank you, Damon, for your leadership and for your incredible work in Albuquerque and across New Mexico.  Throughout this investigation and in other matters, our attorneys and staff have worked side-by-side with the U.S. Attorney’s Office to enforce our national civil rights laws, and we are grateful for your partnership and steadfast support.  Thank you, Mayor [Richard] Berry, for joining us to announce this historic agreement today and for your leadership throughout this process. 

I also want to thank Chief [Gorden] Eden, Council President [Ken] Sanchez, Albuquerque Police Officers Association President [Stephanie] Lopez, family members, community leaders, invited guests, and the men and women of the Albuquerque Police Department who are joining us here today.  I thank you all for coming today.
           
We are here today to announce a landmark settlement agreement between the Justice Department and the city of Albuquerque that resolves our findings on the use of excessive force and avoids a costly and protracted legal battle on the need for reform.  This agreement comes from a mutual commitment by the city and the Department of Justice to ensure that the Albuquerque Police Department works with the community and polices in a manner that respects the rights of residents and that promotes mutual confidence between law enforcement and the community.  Constitutional policing is key to building trust between police departments and the communities they serve, and trust is of course key to ensuring public and officer safety.

Through this agreement, the city agrees to implement comprehensive police reforms in the way that it recruits, selects, guides, trains, supervises, investigates, and disciplines officers to ensure that officers are held accountable for their use of force and are fully supported in carrying out their duties in an effective, constitutional, and professional manner.

In April, the Department of Justice found that the police department engages in a pattern or practice of excessive force in violation of the Fourth Amendment of the U.S. Constitution. 

We specifically found three patterns of excessive force:

1. Albuquerque officers too frequently use deadly force against people who pose a minimal threat and in situations where the conduct of the officers heightens the danger and contributes to the need to use force;
2. Albuquerque officers use less lethal force, including electronic controlled weapons, on people who are passively resisting, non-threatening, observably unable to comply with orders or pose only a minimal threat to the officers; and 
3. Encounters between Albuquerque officers and persons with mental illness and in crisis too frequently result in a use of force or a higher level of force than necessary.

The department also found systemic deficiencies of the Albuquerque Police Department which contribute to these three patterns, including: deficient policies, failed accountability systems, inadequate training, inadequate supervision, ineffective systems of investigation and adjudication, the absence of a culture of community policing and a lack of sufficient civilian oversight.

During our investigation and following our findings letter, the Department of Justice engaged in extensive outreach to the many communities that make up Albuquerque.  We met with persons who experienced the violation of their rights, concerned community, faith and business leaders, and, importantly, hundreds of rank and file officers.  These meetings provided us with essential information on how the problems we identified were perceived by different communities, what the people of Albuquerque value and want in their police department and ideas on the most effective strategies for reform.  These many conversations and interviews guided and informed the agreement we reached and we are grateful for every meeting and conversation. 

Through these consultations and extensive, candid and productive negotiations, we were able to achieve an agreement that meets the goals of effective and constitutional policing; enhanced officer and public safety, greater trust between officers and the communities they serve, and ongoing community participation and community policing.

Since April, we have been engaged in productive conversations with the City to develop a comprehensive and sustainable blueprint for reform.  We are very grateful for the hard work of the chief and his staff, other city officials and the city council for their hard work.  These negotiations were serious, candid and problem-solving.  They set a strong foundation for us to continue to work together for reform.

This is truly a landmark agreement for the people of Albuquerque. 

            This agreement:

• Strengthens internal review into use of force and requires continuous performance improvement;
• Requires training that emphasizes de-escalation before force is used;
• Provides officers with the training and tools they need to provide effective crisis intervention and that allows police to work with community providers and stakeholders to address the underlying needs of individuals who are in crisis or with serious mental illness who are in need of supports and services;
• Provides guidelines for the effective use of on-body recording systems;
• Re-focuses the mission of specialized units to ensure that tactical units are trained to save lives in high-risk situations and that investigative units do not stray from their intended purpose and training e trained to save lives in city has agreed to dismantle the Repeat Offender Project, a unit intended to serve investigative functions that had been allowed to become an unofficial tactical unit with special weapons;
• Removes arbitrary deadlines in the filing of civilian complaints against officers;
• Supports the city’s efforts to ensure robust, independent, and effective civilian oversight; and
• Builds on the commitments of surrounding law enforcement agencies that have agreed to investigate officer-involved shootings and other serious uses of force through a multi-agency task force that provides greater reliability and objectivity to sensitive investigations. 

The community will be able to measure the success of the agreement as it implemented.  For each of the critical provisions, the agreement requires both the collection of information on compliance as well as on outcomes.  Much of the data will be available to the public so that the critical civilian oversight functions can be performed.  Transparency is an essential component of the agreement and a critical element of reform.

This agreement comes at a time when there is much national attention on the use of deadly force by police officers and whether police departments are meaningfully accountable to the communities that they serve.  Albuquerque is not alone in struggling with these difficult issues.  At the Department of Justice, we are working with more than two dozen cities and towns across the nation, and we know from that experience that the provisions of this agreement will ensure that the city has an effective, accountable police department that controls crime, ensures respect for the Constitution, and earns the trust of the public it is charged with protecting.  Today, effective, accountable police department that controls crime, ensures respect for the Constitution, and earns the trust of the public it is charged with protecting.  Today’s agreement can and should be a model – a bright spot – for communities looking for a path forward to make their law enforcement more accountable and police practices more just.

We will continue to actively engage all stakeholders in the implementation of the agreement to ensure that Albuquerque’s policing services meets this goal.  A key part of our task is to ensure that the hard work of the many men and women of the police department who serve honorably is not overshadowed by the unlawful behavior of others or by institutional deficiencies that make an already difficult job that much harder.  The Department of Justice will remain actively engaged for as long as necessary to ensure sustainable reform and to help restore the community’s trust in its police department.  We look forward to working with Albuquerque’s elected officials, the chief and his command staff, rank and file officers and the many, many people who have contributed to this investigation and settlement.

ALBUQUERQUE – The Justice Department today announced it has reached a comprehensive settlement agreement with the city of Albuquerque that will bring wide-ranging reforms to the Albuquerque Police Department (APD) and its use of force against civilians.  The Justice Department and the city have agreed to enter into a court-enforceable settlement agreement that will overhaul the way in which APD handles use of force by its officers following a year-long investigation into the department’s practices and letter of findings released by the Justice Department in April, 2014.  Once the Albuquerque City Council considers the settlement agreement in a special session scheduled for the week of November 3, the Justice Department and the city will file the settlement agreement with the United States District Court for approval and entry as an order.

“The overwhelming majority of our nation’s law enforcement officials perform their duties with exceptional courage, integrity, and professionalism – risking their lives every day to keep their communities safe.  But whenever a pattern of troubling conduct is uncovered, or that high standard is not met, the Department of Justice must and will take action,” said Attorney General Eric H. Holder Jr.   “The far-reaching agreement we have secured in this case will transform the culture and practices of the Albuquerque Police Department.   And I am confident that, with the cooperation of city leaders and brave law enforcement officials, we will take significant steps to restore trust with local citizens and build for Albuquerque’s residents the stronger, safer, and more secure communities that all Americans deserve.”

In addition to use of force practices, the Justice Department’s investigation found that officers routinely use deadly force and less lethal force in an unreasonable manner and that systemic deficiencies in policies, training, supervision, and oversight contributed to the pattern or practice.  Following the release of the investigative findings, the Justice Department engaged in extensive community outreach to solicit feedback and recommendations on reform from a wide variety of stakeholders, including police officers, community leaders, mental health advocates, family members, and other Albuquerque residents.  The feedback played a critical role in tailoring the settlement agreement to the unique needs of the Albuquerque community and APD. 

“Today’s landmark settlement agreement will begin the process of restoring trust and cooperation between the Albuquerque community and law enforcement. Constitutional policing is key to building trust between police departments and the communities they serve, and trust is of course key to ensuring public and officer safety,” said Vanita Gupta, Acting Assistant Attorney General for the Civil Rights Division.  “The settlement agreement provides a blue print for sustainable reform that will foster continued collaboration and participation from the community.  We thank Mayor Berry, Chief Eden, and all of the individuals who came forward to share their experiences concerning APD to make this historic settlement agreement possible.”

“We are extremely proud of our community and police department for coming together in a time of serious challenges to the City to offer their advice and recommendations on a path forward,” said Damon P. Martinez, United States Attorney for the District of New Mexico.  “Reform will not take place overnight and it will take time to heal our community, but we are well on our way.  Through the settlement agreement reached today, the City agrees to implement fundamental reforms in a transparent manner that will ensure that force is used in accordance with constitutional rights and that promotes greater trust among the hard working men and women of the Albuquerque Police Department and the residents they are sworn to protect.”

Under the settlement agreement, the city and APD will implement comprehensive reforms in nine substantive areas.  An independent monitoring team will be selected jointly and will oversee the reforms, which are expected to be implemented within four years.  The areas covered by the settlement agreement are:

• Use of force: including requiring supervisors to report to the scene of uses of force; providing medical care to subjects of force immediately after an incident; improving the quality of force investigations; developing a force review board to detect and correct patterns and trends, and utilizing surrounding law enforcement agencies as part of a multi-agency task force to investigate officer-involves shootings to provide greater objectivity and accountability;

• Specialized units: including measures that require clearly defined missions and duties for specialized tactical and investigative units; ensuring that officers are sufficiently trained to save lives in high-risk situations; and dismantling APD’s repeat offender project to restore its core mission as an investigative, rather than tactical, unit;

• Crisis intervention: including establishing a mental health response advisory committee; providing behavioral health training to all officers, police dispatchers, and 9-1-1 operators; and maintaining groups of specially-trained first responders, detectives, and mental health professionals that provide crisis intervention and ongoing support to individuals with serious mental illness or who are chronically homeless;

• Policies and training: including developing clear and comprehensive policies on use of force, preventing retaliation, supporting officers who report misconduct, and improving the field training program to ensure that officers develop the necessary technical and practical skills required to use force in a lawful and effective manner;

• Internal and civilian complaint investigations: including measures to eliminate arbitrary deadlines for the submission of civilian complaints; standards for conducting objective, thorough, and timely investigations; steps to ensure that the disciplinary system is fair and consistent; and protocols to protect officers’ rights against self-incrimination;

• Staffing and supervision: including completing a staffing and resource study to determine the appropriate allocation of resources; holding supervisors accountable for close and effective supervision; and providing guidance on the effective use of on-body recording systems to promote accountability and strengthen public trust;

• Recruitment and promotions: including developing a strategic recruitment plan that includes clear goals, objectives, and action steps for attracting qualified applicants from a broad cross section of the community and ensuring that fair and consistent promotion practices are implemented;

• Officer assistance and support: including measures to ensure that APD personnel have ready access to mental health services and that supervisors are trained in making referrals in a manner that minimizes stigma; and

• Community engagement and oversight: including measures to strengthen the City’s civilian oversight process; public information programs that keep members of the public informed of APD’s progress toward reform; requirements on fostering community policing at all levels of APD; and establishing community policing councils throughout the City to ensure that meaningful feedback is obtained from the community. 

The independent monitoring team will oversee the implementation of reforms, provide technical assistance, and report on the city’s compliance through periodic and public reports.  The monitoring team will have access to all documents, personnel, facilities and information related to the settlement agreement and will engage with officers and community members on an ongoing basis.  The monitoring team will also be responsible for conducting outcome assessments to determine whether the goals of the settlement agreement are being met through compliance indicators and objective measures.  The settlement agreement requires two years of sustained compliance with the agreement before the agreement may be terminated. 

ALBUQUERQUE – Irving Shendo, 59, a member of the Jemez Pueblo, was sentenced yesterday afternoon to eight years in federal prison followed by five years of supervised release for his aggravated child sexual abuse conviction.  Shendo will be required to register as a sex offender after he completes his prison sentence.

Shendo was arrested in July 2013, based on a criminal complaint alleging that he engaged in a sexual act with a Jemez Pueblo child under the age of 12 years.  According to court filings, Shendo sexually abused the child victim in August 2008 in a residence located on Jemez Pueblo, N.M., but his criminal conduct was first reported to law enforcement authorities in April 2013. 

On June 20, 2014, Shendo admitted that on Aug. 1, 2008, he engaged in a sexual act with the child victim.  He further acknowledged committing the crime in Jemez Pueblo.

This case was investigated by the Albuquerque office of the FBI, the Jemez Pueblo Tribal Police Department and the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.

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 –Justice Department and City of Albuquerque officials will make an announcement regarding the Albuquerque Police Department at a press conference to be held at 1:30 p.m. MDT, on Friday, Oct. 31, 2014, at the Albuquerque office of the U.S. Attorney for the District of New Mexico.

WHO: Acting Assistant Attorney General Vanita Gupta, Civil Rights Division
U.S. Attorney Damon P. Martinez for the District of New Mexico
Richard M. Berry, Mayor of the City of Albuquerque
Chief Gorden E. Eden, Jr., Albuquerque Police Department

WHAT: Press conference regarding Albuquerque Police Department

WHEN: FRIDAY, OCT. 31, 2014, 1:30 p.m. MDT

WHERE: U.S. Attorney’s Office
10th Floor Multi-Media Room (Reception on 9th Floor)
201 Third Street NW
Albuquerque, NM 87102
OPEN PRESS

NOTE: All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials. Please plan on 20 to 25 foot throws for cameras. Media may begin to arrive at 1:00 p.m. MDT. Press inquiries regarding logistics should be directed to Ron Lopez at 505-224-1466.

QUIÉN: Vanita Gupta, Procuradora General Asistente Interina, División de Derechos Civiles
Damon P. Martínez, Procurador Federal por el Distrito de Nuevo México
Richard M. Berry, Alcalde de la Ciudad de Albuquerque
Gorden E. Eden, Jefe del Departamento de Policía de la Ciudad de Albuquerque

QUÉ: Conferencia de prensa para hacer el anuncio referente APD

CUÁNDO: VIERNES 31 DE OCTUBRE, 2014, 1:30 P.M. MDT

DÓNDE: Oficina del Procurador Federal
10˚ Piso Cuarto Multi-Media (Recepción en el 9˚ piso)
201 Tercera Calle, NW
Albuquerque, NM 87102
ABIERTO A LA PRENSA

NOTA: Todos los representantes de los medios de comunicación deberàn de presentar una identificación otorgada por el gobierno (tal como una licencia de manejar) así como credencial de miembro de la prensa, vigente. Representantes de los medios de comunicación pueden empezar a llegar a la 1:00 p.m. MDT. Preguntas de la prensa referentes a logística deberàn ser dirigidas a Ron López al 505-224-1466.

ALBUQUERQUE – Mariah Benally, 22, of Kirtland, N.M., pleaded guilty this morning to a second degree murder charge.  One of her co-defendants, LaSheena Jacquez, 27, also of Kirtland, N.M., entered a similar guilty plea earlier this month.

Mariah Benally and Jacquez are two of five individuals, all of whom are enrolled members of the Navajo Nation, who were indicted in Jan. 2014, on criminal charges arising from the kidnapping and brutal murder of a 28-year-old Navajo woman on Oct. 23, 2013.  The five defendants previously had been arrested in Dec. 2013, on a criminal complaint that was filed after law enforcement authorities received information that the victim, who had been reported as missing in Nov. 2013, had been murdered.  The victim’s remains were recovered on Dec. 9, 2013.

In addition to charging Mariah Benally and Jacquez, the four-count indictment also charged Patrick Benally, 26, of Kirtland, and Justin Benally, 26, and Scott Thompson, 28, both of Farmington, N.M., with first degree murder, kidnapping, and conspiracy to kidnap.  It also charged Mariah Benally, Jacquez, Justin Benally and Thompson with harboring Patrick Benally to prevent his arrest on a warrant for an unrelated crime.  The indictment alleges that the crimes charged occurred on the Navajo Indian Reservation within San Juan County, N.M.

This morning, Mariah Benally pled guilty to a felony information charging her with second degree murder.  In entering her guilty plea, Mariah Benally admitted causing the victim’s death by throwing rocks at her, and aiding and abetting others who also caused the victim’s death.  Benally admitted throwing rocks at the victim after the victim had been repeatedly stabbed by three of her co-defendants and thrown off a cliff by one of the co-defendants.  Mariah Benally also admitted aiding her co-defendants in restraining the victim and transporting her to the murder site, and destroying evidence of their crimes.   

On Oct. 16, 2014, Jacquez pled guilty to a second degree murder charge, and admitted causing the victim’s death on Oct. 23, 2013, by repeatedly stabbing the victim with a knife, throwing rocks at the victim, and aiding and abetting others who also caused the victim’s death. Jacquez also admitted that she destroyed evidence and aided and abetted others in the destruction of evidence in an effort to evade prosecution.

Mariah Benally and Jacquez have been in federal custody since they were arrested and remain detained pending their sentencing hearings, which have yet to be scheduled.  Each faces a maximum statutory penalty of life imprisonment.

The women’s three co-defendants have entered not guilty pleas to the indictment and are detained pending trial, which has not yet been scheduled.  If convicted of the charges in the indictment, each faces a maximum statutory penalty of life imprisonment.  Charges in indictments are merely accusations and defendants are presumed innocent unless convicted in a court of law.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that Assistant U.S. Attorney (AUSA) Jonathon M. Gerson will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the general elections on Nov. 4, 2014.  AUSA Gerson has been appointed to serve as the District Election Officer for the District of New Mexico and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.

U.S. Attorney Martinez said, “Every citizen must be able to vote without interference or discrimination, and to have that vote counted without it being stolen because of fraud.  The Justice Department will act promptly and aggressively to protect the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.

The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.

The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Martinez stated that AUSA/DEO Gerson will be on duty in this District while the polls are open.  He can be reached by the public at (505) 362-3147.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day.   The local FBI field office can be reached by the public at (505) 889-1300.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
           

U.S. Attorney Martinez said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”