District of New Mexico

ALBUQUERQUE – Gerald A. Tso, 25, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this afternoon to ten years in federal prison followed by five years of supervised release for his aggravated sexual assault conviction.  Tso will be required to register as a sex offender after he completes his prison sentence.

Tso was arrested on Feb. 26, 2014, on a criminal complaint charging him with aggravated sexual abuse of a child, and subsequently was indicted on that same charge on March 26, 2014.  According to court filings, Tso sexually assaulted a seven-year-old Navajo child on Feb. 26, 2014, in Shiprock, which is located within the Navajo Indian Reservation. 

On July 24, 2014, Tso pleaded guilty to a felony information charging him with aggravated sexual abuse.  In entering his guilty plea, Tso admitted engaging in a sexual act with a child.   Tso further admitted that the child was under the age of 12 years at the time he victimized the child.

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

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 – Paul Anthony Turrieta, 36, of Albuquerque, N.M., pleaded guilty this morning to being a felon in possession of a firearm and ammunition.  Turrieta will be sentenced to 15 years in federal prison due to his status as an armed career criminal.

U.S. Attorney Damon P. Martinez said that Turrieta was 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.

“Keeping guns out of the hands of trigger pullers is our top priority,” said ATF Special Agent in Charge Thomas G. Atteberry.  “I want to commend the enforcement efforts of the Albuquerque Police Department and the United States Attorney’s Office for their diligence.”

Turrieta was arrested in Feb. 2014, on an indictment charging him with unlawfully possessing a firearm and ammunition on Oct. 24, 2013, in Bernalillo County, N.M.  According to court filings, Turrieta was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including three residential burglaries.

During today’s proceedings, Turrieta admitted possessing a revolver and ammunition which were discovered in the vehicle he was driving when an officer pulled him over on a traffic stop on Oct. 24, 2013.  Turrieta acknowledged that he was prohibited from possessing the firearm and ammunition because he was a convicted felon.

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

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney Presiliano A. Torrez is prosecuting the case.

ALBUQUERQUE – Gerald Archuleta, 43, of Ojo Caliente, N.M., pleaded guilty this morning to conspiracy and mail fraud charges arising out of a scheme to defraud the federal and state unemployment insurance system.  His co-defendant, Jasonn Gonzales, 41, an accountant from Velarde, N.M., previously entered a guilty plea to the same charges, as well as an identity theft charge, in Aug. 2014.

Archuleta and Gonzales 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.

According to court filings, 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.  In entering their guilty pleas, Gonzales and Archuleta admitted that between 2009 and 2012, they 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 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 two 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, and defrauded the three state workforce agencies of approximately $801,848, in total. 

During today’s hearing, 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 has yet to be scheduled.

Gonzales entered a guilty plea on Aug. 18, 2014, to all six counts of the indictment without the benefit of a plea agreement.  In entering his guilty plea, Gonzales also admitted to the forfeiture provisions of the indictment and to the entry of an $801,848 money judgment against him.  At sentencing, Gonzales faces a statutory maximum penalty of 20 years in federal prison on the conspiracy charge and each of the five mail fraud charges.  He also will be sentenced to a two-year mandatory prison sentence to be served consecutive to any sentence imposed on the conspiracy and mail fraud charges.  Gonzales’ sentencing date has yet to be scheduled. 

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.

ALBUQUERQUE – Vernon J. Atcitty, 29, an enrolled member of the Navajo Nation who resides in Sweetwater, Ariz., was sentenced today for his aggravated sexual assault conviction.  Atcitty will serve an eight-year prison term followed by five years of supervised release.  He also will be required to register as a sex offender after he completes his prison sentence.

Atcitty was arrested on Feb. 26, 2014, on a criminal complaint charging him with aggravated sexual abuse, and subsequently was indicted on that same charge on March 11, 2014.  According to court filings, Atcitty sexually assaulted a Navajo woman on Feb. 22, 2014, in Shiprock, N.M., which is located within the Navajo Indian Reservation. 

On May 23, 2014, Atcitty entered a guilty plea to the indictment.  Atcitty admitted taking the victim to an abandoned house and refusing to let her leave until after he raped her.  Atcitty admitted forcing the victim to succumb to his demands by punching and grabbing her, and by telling her that he would not let her leave the abandoned house.
 
 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 was prosecuted by Assistant U.S. Attorney Kyle T. Nayback. 

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 – Vincent Ortiz, 44, a member and resident of San Felipe Pueblo, pleaded guilty this morning to a federal sexual abuse charge.  Under the terms of his plea agreement, Ortiz will be sentenced to 50 months in federal prison followed by a term of supervised release to be determined by the court.  Ortiz will be required to register as a sex offender after he completes his prison sentence.

Ortiz was arrested in July 2014, on an indictment charging him with sexual abuse and assault with a dangerous weapon.  According to court filings, on July 5, 2014, Ortiz sexually assaulted a Kewa Pueblo woman of Santo Domingo Pueblo, and assaulted a San Felipe Pueblo man in a residence located in the San Felipe Pueblo in Sandoval County, N.M. 

Today Ortiz entered a guilty plea to Count 1 of the indictment, charging him with sexual abuse, and admitted sexually abusing the victim on July 5, 2014, by engaging in a sexual act with the victim who was incapable or unable to decline participation in the act.  The sexual act consisted of Ortiz touching the victim’s genitals with his hand.

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

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services 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 – Harold Martinez, 32, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., was sentenced today for his child abuse conviction.  Martinez will serve a prison sentence of 16 months followed by a year of supervised release.

Martinez was arrested on Nov. 26, 2013, on a criminal complaint alleging assault charges.  According to the criminal complaint, on June 11, 2013, Martinez initiated a physical confrontation with another Navajo man.  After the victim got into his vehicle in an effort to get away from Martinez, Martinez rammed his own vehicle into the victim’s vehicle several times.  Two young boys were in Martinez’s vehicle when he rammed it into the victim’s vehicle.

On March 11, 2014, Martinez entered a guilty plea to a child abuse charge and admitted that on June 11, 2013, he deliberately drove his vehicle into another vehicle without justification.  Martinez also admitted that two unrestrained children were in the vehicle he was driving and that by ramming into another vehicle he placed the children in a situation that endangered their lives or health.  The children however were not injured.

This case was investigated by the Ramah Navajo Police Department and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

ALBUQUERQUE – James Casaus, 32, of Albuquerque, N.M., was sentenced today to 96 months in federal prison for violating the federal firearms laws.  Casaus will be on supervised release for three years after completing his term of incarceration.

Casaus was arrested in Nov. 2012, on an indictment charging him with being a felon in possession of a firearm.  The indictment alleged that Casaus unlawfully possessed a firearm and ammunition on July 7, 2012, in Bernalillo County, N.M.  At the time, Casaus was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses in the 2nd and 4th Fourth Judicial District Courts for the State of New Mexico.  Casaus’ prior convictions included convictions for the unlawful taking of a motor vehicle, distribution of a controlled substance, conspiracy to commit kidnapping, possession of a firearm by a felon, possession of a controlled substance with intent to distribute, and conspiracy to possess a controlled substance.

On Aug. 21, 2013, Casaus entered a guilty plea to the indictment and admitted possessing a pistol and ammunition on July 7, 2012, despite his status as a convicted felon.  The guilty plea was entered without the benefit of a plea agreement. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Louis E. Valencia. 

The case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Mervin Ervin Charley, 34, an enrolled member of the Navajo Nation who resides in Navajo, N.M., was sentenced this afternoon to ten years in federal prison for his voluntary manslaughter conviction.  Charley will be on supervised release for two years after completing his prison sentence.

Charley was arrested on Jan. 21, 2014, on an indictment charging him with second degree murder and child abuse resulting in death.  According to the indictment, Charley killed a two-year-old child on May 30, 2013, by placing the victim in a situation that endangered the victim and resulted in the victim’s death.

On July 18, 2014, Charley entered a guilty plea to a felony information charging him with voluntary manslaughter, and admitted killing the victim in the heat of passion on May 30, 2013.

This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

ALBUQUERQUE – Louisa Gabaldon, 43, of Belen, N.M., pleaded guilty this morning to a federal bank fraud charge under a plea agreement with the U.S. Attorney’s Office.

Gabaldon was indicted on Aug. 7, 2013, and charged with 12 counts of bank fraud.  The indictment alleged that from Jan. 2004 through July 2010, Gabaldon engaged in an illegal scheme to defraud her employer, the Belen Railroad Employees Credit Union (Credit Union) by making fraudulent withdrawal of funds from accounts belonging to the Credit Union’s customers.

Today, Gabaldon pled guilty to Count 5 of the indictment charging her with fraudulently withdrawing $31,000 from a customer’s account on July 31, 2006.  The plea agreement, however, requires Gabaldon to pay $118,376.56 in restitution to cover losses associated with all 12 counts in the indictment as well as related losses suffered by the Credit Union.

In entering her guilty plea, Gabaldon admitted that, while employed by the Credit Union, she had loan approval which permitted her – when authorized by customers – to make withdrawals from customers’ accounts, transfer funds among their accounts, increase the amount of their loan accounts and open new loans in their names.  Gabaldon admitted that, without the knowledge or permission of Credit Union customers, she added amounts to customers’ existing loan accounts and opened new loans in their names and used the funds to pay for her own debts and to make a partial payment for the purchase of a home.  In order to conceal her fraudulent activity, Gabaldon moved funds among customers’ accounts to make it appear as if loans had been repaid or funds were replaced.

At sentencing, Gabaldon faces a maximum penalty of 30 years in prison.  She remains on conditions of release pending her sentencing hearing, which has yet to be scheduled. 

This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Sean J. Sullivan.

ALBUQUERQUE – Tarasina Wallowingbull, 27, pleaded guilty this morning to abusing a child in New Mexico’s Indian County.  Wallowingbull is a member of the Northern Arapaho Tribe of Fort Washakie, Wyoming, who currently resides in Albuquerque, N.M.

Wallowingbull was arrested on July 29, 2014, on a criminal complaint charging her with assault resulting in serious bodily injury.  According to the criminal complaint, on June 11, 2014, Wallowingbull crashed her vehicle in San Felipe Pueblo in Sandoval County, N.M., while driving under the influence of alcohol.  A young child, who was ejected from Wallowingbull’s vehicle at the time of the single-vehicle crash, sustained serious injuries.

Today Wallowingbull pled guilty to a felony information charging her with abuse of a child in Indian County.  In entering her guilty plea, Wallowingbull admitted causing a child under the age of 18 years to be placed in a situation that endangered the child’s life or health.

At sentencing, Wallowingbull faces a statutory maximum sentence of three years in prison.  Her sentencing hearing has yet to be scheduled.

This case was investigated by the Southern Pueblos and Laguna Agencies of the BIA’s Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

ALBUQUERQUE – Faviano Lopez, 28, of Albuquerque, N.M., pled guilty this morning to receipt of a visual depiction of a minor engaged in sexually explicit conduct under a plea agreement with the U.S. Attorney’s Office. 

Lopez was arrested on federal child pornography charges on July 11, 2014, based on a criminal complaint after he was transferred from state custody into federal custody.  According to the criminal complaint, the investigation into Lopez was initiated by the Homeland Security Investigations (HSI) and the New Mexico State Police in Nov. 2013, after the New Mexico State Police obtained information indicating that an IP Address subscribed to the residence in which Lopez was living was being used to share video and image files consistent with child pornography.  In Feb. 2014, HSI and the Albuquerque Police Department executed a search warrant at Lopez’s residence where they seized computer and computer-related media containing video and image files consistent with child pornography from Lopez’s bedroom.

During today’s proceedings, Lopez entered a guilty plea to a felony information charging him with receipt of child pornography.  In his plea agreement, Lopez admitted receiving child pornography from May 2013 to Feb. 2014, by downloading images and videos of child pornography using a peer to peer file sharing system.

Lopez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Lopez faces imprisonment for a period not less than five years and not more than 20 years followed by a period of supervised release to be determined by the court.  Lopez will have to register as a sex offender after completing his prison sentence.

This case was investigated by the Albuquerque office of HSI, the New Mexico State Police and the Albuquerque Police Department, all of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

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/.

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.

Chief Judge [M. Christina] Armijo, Judges of our United States District Court.  May it please the Court.  Good afternoon.

Chief Judge Armijo, on behalf of the Department of Justice, the U.S. Attorney’s Office for the District of New Mexico and myself, thank you for permitting us to hold this ceremony in the U.S. Courthouse.  Thank you also, Chief Judge Armijo, for presiding over this investiture ceremony. 

Your Honors, being familiar with the Court’s crushing work load, I am very grateful to each of you for taking the time to be here. 

Judge [James A.] Parker, thank you administering the Oath of Office to me.  I asked Judge Parker to do me this honor because he was one of the first judges I appeared before as a young Assistant U.S. Attorney.  Since then, I have viewed him as a person who is gracious, courteous and respectful to all who appear before him regardless of status or stature.

General Andrew Salas, thank you for being here and for the privilege of having the New Mexico National Guard’s Honor Guard present the colors.  They are the citizen soldiers of New Mexico, and they represent the best of our proud military tradition.

Ross and Kristin Daugherty, thank you for performing here this afternoon.  Ross and I, together with more than 400 other New Mexicans, were deployed with the New Mexico National Guard to Sinai, Egypt, in 2012.  On Friday afternoons during that deployment, we had religious services and during those services I learned that Ross was the only one amongst us who could carry a tune.  He had a voice I could only describe as “angelic,” and I began to look forward to Friday afternoons because hearing Ross sing made New Mexico seem a little closer to me.  Today is the first time I have heard Ross sing since we left the Sinai.  Thank you, Ross and Kristin.

Senator [Tom] Udall, you and Senator [Martin] Heinrich recommended me to the President of the United States, the leader of the free world, for this position.  In essence, you vouched for me and I am eternally grateful for your confidence in me.  I know that I have a great responsibility to uphold and I will do my best to live up to the trust you have placed in me.

Senator Udall, it is a great honor to have you here today.  Thank you for your kind remarks today, and for also setting an example which I have never forgotten.  When you were the Attorney General for New Mexico and I worked for you as an Assistant Attorney General, I wrote an advisory letter to a city here in the State that ended up on the front page of the local paper.  Several days later, an editorial criticized you for my advisory letter.  When I saw you the following week, I apologized to you for the criticism you had received.  In response, you asked me if I had applied the appropriate case law and conducted the proper analysis.  I said I did.  You then asked me if I had run it by my supervisor and did he approve it.  And I said I did.  You then said, “You have nothing to worry about.”  That incident made an impression on me that has guided my career and this is the tone I intend to set at the U.S. Attorney’s Office.      

I am now into my fifth month as U.S. Attorney.  This ceremony was postponed until now because, at the beginning of my tenure, we had to focus our energies on important matters in our community rather than this ceremony.  It has become apparent to me, however, that the community needs to know – to the extent that I can talk about them – the priorities of the U.S. Attorney’s Office.  The community also needs to know that, particularly in times of budget constraints, it is important that the U.S. Attorney’s Office maintain and strengthen partnerships with other members of the DOJ community in order to better serve our community.

Civil rights are a priority for the Department of Justice and the U.S. Attorney’s Office here in New Mexico.  [Acting Assistant Attorney General for the Justice Department’s Civil Rights Division] Molly Moran’s presence here today is a testament to the Justice Department’s commitment to civil rights and the Department’s commitment to working with this community. Thank you, Molly, for not only being here today, but also for the great partnership our offices have enjoyed as they work together.

As most of you are aware, the Department of Justice is in the process of negotiating a court-enforceable agreement with the City of Albuquerque to reform the Albuquerque Police Department.  From the day DOJ released the findings of its investigation into APD, I have continuously stated that the vast majority of our officers are honorable public servants who risk their safety and well-being for the public good every day.  I have said this because it is true.  Nevertheless, there exist real systemic problems within APD that urgently need to be addressed.  I am confident that we soon will reach an agreement that will provide the blueprint for reforming APD and that will result in constitutional policing while giving our officers the support they need to fight crime effectively.

In addressing this matter, we know what the answer to the question is.  The difficult part will be in finding the courage to reach that answer.  The answer is “trust.”  Our police officers have to trust that the community supports them.  And our community has to trust that our police officers are properly trained and are acting in the interests of keeping us safe.

Here with us today are representatives from many sectors of our community who have important stakes in the reform process:  Mayor Richard Berry, Council President Ken Sanchez, Chief Gorden Eden and Assistant Chief Robert Huntsman, Stephanie Lopez and Shaun Willoughby who are the President and Vice President of the Albuquerque Police Officers Association, Jewel Hall of the Martin Luther King, Jr., Memorial Center, Peter Simonson of the ACLU of New Mexico and APD Forward, community advocates Maria Bautista, Nyira Gitana and John Cordova, Bro. Gerard and Bro. Charles, who work with the homeless, and all of you.
We also are joined by  Steve and Renetta Torres, who lost their son Christopher Torres to an APD officer involved shooting in April 2011.

Since we are altogether here today, let me tell you about a major step that has already been taken in establishing that trust.  On May 9, 2014, about a month after DOJ released its findings on APD, I sat in on a meeting that included Mayor Berry and Steve Torres.  During that meeting, Steve Torres offered his assistance to the Mayor and said he stood ready to help in reforming the APD.  When I asked Steve Torres if I could share that story today, Steve said yes, he said, “My son would have wanted me to do this.”

In moving forward, I ask that we keep Steve Torres’ incredibly moving gesture as the beacon by which we navigate.  If Steve Torres can do it, then we should all be willing to take that first step towards rebuilding the foundation of trust between our police officers and our community that is essential for effective, productive law enforcement.

As many of you know, this APD matter is civil in nature and so we have had no law enforcement agency assigned to assist us.  When we have required assistance, the U.S. Marshals Service has readily stepped up.  Thank you, Marshal [Conrad] Candelaria for the invaluable support you and your Deputies continue to provide.

Because of where our State is located, we have a had comprehensive border strategy which has traditionally focused on the investigation and prosecution of immigration and drug crimes.

When it comes to immigration-related crime, the heart of our prosecution strategy focuses on those who are illegally in this country after having been deported and who have committed violent crimes or other serious felonies, like a murder or rape.  We do this with our Homeland Security partners, the U.S. Border Patrol and U.S. Customs and Border Protection.

When it comes to our drug prosecution strategy, we regularly partner with DEA, represented here by Special Agent in Charge Will Glaspy, HSI, represented by Assistant Special Agent in Charge Kevin Abar, and IRS, represented by Supervisory Special Agent Chris Wajda,  as well as our many other federal, state and local partners as we target major drug trafficking organizations.

Our border strategy, however, cannot be limited to taking on immigration and drug crimes.  When we act to secure our border, we also help secure our nation’s security.  Over the last four months, we have complemented our border strategy by adding a third component and establishing a national security/anti-terrorism section to the office.   We must never forget that on June 3, 1945, right here in Albuquerque and just a few blocks away, the plans the first atomic bomb were turned over to Russian agents in exchange for $500.  This understanding of history will inform the new section as it focuses on issues important to our national labs, the businesses that support the labs, and our military installations, and looks for effective ways of better protecting our national security as well as our country’s sensitive technology and information. 

I want to thank Special Agent in Charge Carol Lee of the FBI, Director Gil Guaderrama of Transportation Security Administration, and Resident Agent in Charge Richard Ferretti of the Secret Service for their important efforts on the national security front.

Unfortunately our drugs problems are not limited to the border.  New Mexico has long grappled with an epidemic of heroin and prescription drug abuse.  On a per capita basis, we lead the nation in both heroin and prescription drug overdose deaths.  Fortunately, many in our community are committed to taking on this serious problem, including Bernalillo County Commissioner Maggie Hart Stebbins who established the Bernalillo County Opioid Initiative.  We will collaborate with that initiative and we have agreed in principle with Chancellor [Paul] Roth from the [University of New Mexico] Medical School to participate in a coordinated State wide effort to address this problem.

We will continue our “worst of the worst” anti-violence initiative.  Under this initiative, we work with New Mexico’s District Attorneys and state, local and tribal law enforcement officers to target those criminals in our communities who commit a disproportionate amount of the crime.  ATF, represented here by Assistant Special Agent in Charge Mark Murray, is the bedrock for this initiative.  A number of our local partners in this initiative, including New Mexico State Police Chief Pete Kassetas, are also here. 

District Attorney Francesca Estevez from Deming and District Attorney Mark D’Antonio from Las Cruces, thank you both for being here today, and for partnering with us on the “worst of the worst” initiative.  To strengthen our bonds with the District Attorneys around the State and to enhance this program, we have launched a new initiative that contemplates designating a limited number of Assistant District Attorneys as Special Assistant U.S. Attorneys. These Special Assistant U.S. Attorneys will serve not only as a symbolic bridge between our offices but will also enable our District Attorneys to help us identify the “worst of the worst” in their communities for federal prosecution.

Cabinet Secretary Greg Myers of the New Mexico Department of Homeland Security and Emergency Management also joins us here today.  Secretary Myers is in the process of re-building New Mexico’s “fusion center.”  Secretary, it is important that you succeed in this mission.  It is important for our state, county, local and tribal officers to have one place from which to receive important information and one place to send information so law enforcement efforts can be enhanced and properly coordinated.  Your efforts will assist officers like San Juan County Sheriff Ken Christesen, Santa Fe Police Chief Eric Garcia, and Chief Kendall Vicenti of the Jicarilla Apache Nation.  A viable “fusion center” will help make our law enforcement officers’ jobs easier and safer, and we are pleased to be assisting Secretary Myers in achieving that goal.

New Mexico is home to 22 Indian tribes and the U.S. Attorney’s Office is proud of the work at it does with each one of these tribes.  When he was U.S. Attorney, [U.S. District] Judge [Kenneth] Gonzalez created and implemented an Indian Country Crimes Section and he left a proud legacy when it comes to bringing justice to New Mexico’s Indian Country.  At a minimum, it is now my responsibility to continue that legacy and hopefully to build upon it.  Because many of our tribes are small and because of jurisdictional limitations, our tribal governments often do not have the capability to prosecute cases arising from their communities.  This means that the Indian Country Crimes Section must prosecute some very difficult cases from these communities.  If we do not prosecute these difficult cases – cases ranging from murder to child sexual assaults to serious assaults – they will not be not be prosecuted at all.  So we take on these tough cases, and we do so in partnership with the BIA, FBI and our tribal police departments and with the full support of our tribal leaders, including Governor Gil L. Vigil of the Eight Northern Indian Pueblos Council and President Ty Vicenti of the Jicarilla Apache Nation. 

We will continue our pro-active outreach to our tribal communities.  We have partnered with BIA to train tribal, local and state law enforcement officers so that they could be cross-commissioned by the BIA.  This past year, almost 200 officers were cross-commissioned by the BIA.  This is a force multiplier that enhances public safety in our tribal communities. We also will continue to have outreach with our Native American youth to emphasize the importance of education and the perils of getting involved with drugs, gangs, violence and firearms.

At the beginning of our ceremony, Lt. Governor [Antonio] Chewiwi from the Pueblo of Isleta delivered our invocation in Tewa, one of the languages of our Pueblo people.  Lt. Governor Chewiwi, thank you for honoring us with your prayer and thank you for also being a leader in a new initiative being launched by the U.S. Attorney’s Office, the Pueblo of Isleta, and our Project Safe Neighborhoods Task Force.  We will be implementing a reentry pilot program by the end of the year that focuses on tribal members who are being released from jail and transitioning back to pueblo life.  It will focus on providing cultural and spiritual support and substance abuse treatment. A major goal will be to ensure that the basics of housing, food, transportation, and employment are met so that those who are reentering the Pueblo can focus on a future free from the problems that have plagued them in their pasts.   

There are a couple more priorities I want to highlight today and those involve the outstanding work of our civil attorneys.  U.S. Attorney’s Offices throughout the country have at least one “Affirmative Civil Enforcement” attorney who is charged with filing civil lawsuits on behalf of the United States to recover government money lost to fraud, waste and abuse.  We have increased the resources in this area with the goal of identifying more of the fraud that is occurring at the taxpayers’ expense and returning that money to the government’s coffers. 

We also have ramped up our affirmative environmental work with partners like the Fish and Wildlife Service, the Bureau of Land Management, the Forest Service and the Department of Agriculture because it is important that we preserve and protect our natural resources not only for our use and enjoyment now, but also for our future generations.

Before I close, I want to acknowledge a good friend of the U.S. Attorney’s Office, someone who represents an essential part of our criminal justice system, Steve McCue, the Federal Public Defender for the District of New Mexico.  We all know that effective legal representation for all persons charged with crimes is critical to safeguarding justice and fairness in the criminal process.  Thank you, Steve, for being here today.

In closing, I want to thank the women and men of the U.S. Attorney’s Office.  They are hardworking, dedicated public servants, and they are the reason why the Office is able to take on all that I have talked about today.  Let me give you a couple of examples who they are.

On Wednesday, the Attorney General recognized Glynette Carson McNabb in Washington, D.C., for exceptional service in Indian Country.  Glynette supervises the Indian Country Crimes Section for the Office.  From across the country, the Attorney General recognized only one person in this category this year.  This tells you about the caliber of Glynette’s work, and the attorneys and support staff who work with her.

As another example, last year when I supervised the Organized Crime Section, I called an attorney on a Sunday afternoon and asked him a question concerning a matter that had just come up and required immediate attention.  That attorney responded by coming into the office on that Sunday afternoon, working through the night, working through the day on Monday, and then into the night and did not leave until 3:00 a.m. on Tuesday, after he made sure that the matter was addressed.  This is the type of teamwork and dedication the people I work with exhibit.

I have many friends here today.  Some I have known since childhood, some I know from schools, and others from working together.  Understanding that some of you have traveled great distances to be here today, I want to thank each one of you.  Thank you for your friendship, your support, and your inspiration.

I also want to thank my mom Carmen, my wife Holly, my sons, and the rest of my family.  Thank you for your support.

Your Honors, I know that the U.S. Attorney’s Office here in New Mexico has built up a reservoir of good will with the Court as the result of previous generations of U.S. Attorneys and Assistant U.S. Attorneys who have practiced before you.  With this knowledge, I realize that it is now my responsibility to make sure that when we appear before you, as officers of the Court, we must always accurately represent the law, be fair to the facts, and speak candidly to the Court.

Thank you for the great honor of being able to appear before you.

ALBUQUERQUE – Justin Chee, 24, a member of the Navajo Nation who resides in Kirtland, N.M., was sentenced this morning to 30 months in federal prison followed by five years of supervised release for his statutory rape conviction. Chee will be required to register as a sex offender after he completes his prison sentence.

Chee was arrested in March 2014, on a criminal complaint alleging that he engaged in a sexual act with a Jicarilla Apache child between the age of 12 and 16 years.  Chee subsequently was indicted and charged with statutory rape.  According to the indictment, Chee committed the offense in Aug. 2012, in a location within the Navajo Indian Reservation.

Chee pled guilty to the indictment on June 16, 2014, and admitted that on Aug. 30, 2012, when he was 22 years of age, he knowingly engaged in a sexual act with the 14-year-old victim.

This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety, the Jicarilla Apache Tribal Police Department and the San Juan Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

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 – LaSheena Jacquez, 27, of Kirtland, N.M., entered a guilty plea this morning to a second degree murder charge.  The guilty plea was entered under a plea agreement with the U.S. Attorney’s Office.

Jacquez was one 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 kidnaping 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.

The four-count indictment charged Jacquez, Patrick Benally, 26, of Kirtland, Justin Benally, 26, of Farmington, N.M., Scott Thompson, 28, of Farmington, and Mariah Benally, 22, of Kirtland, with first degree murder, kidnapping, and conspiracy to kidnap.  It also charged Jacquez, Justin Benally, Thompson and Mariah Benally 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.

During this morning’s proceedings, Jacquez pled guilty to a felony information charging her with second degree murder.  In her plea agreement, Jacquez causing to 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 admitted acting in wanton disregard for human life knowing that her actions created a serious risk of death or serious bodily injury.  Jacquez also admitted that she destroyed evidence and aided and abetted others in the destruction of evidence in an effort to evade prosecution.

Jacquez has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled.  Jacquez faces a maximum statutory penalty of life imprisonment.

Jacquez’s four 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 – U.S. Attorney Damon P. Martinez will take the Oath of Office at 3:00 p.m., Friday, Oct. 17, 2014, during an investiture ceremony at the U.S. District Courthouse, 333 Lomas Blvd. NW, Albuquerque, N.M.  The ceremony will take place in the Rio Grande Courtroom.

Chief Judge M. Christina Armijo of the U.S. District Court for the District of New Mexico will preside over the investiture ceremony, and Senior U.S. District Judge James A. Parker will administer the Oath of Office to U.S. Attorney Martinez.  Guest speakers will be Senator Tom Udall and Acting Assistant Attorney General Molly J. Moran of the Justice Department’s Civil Rights Division.  The invocation will be given by Antonio Chewiwi, Jr., 1st Lt. Governor of the Pueblo of Isleta.  Solo vocal renditions of The National Anthem and America the Beautiful will be presented by Ross Daugherty, who will be accompanied by cellist Kristin Daugherty.

U.S. Attorney Martinez was appointed to his post by President Barack Obama upon the recommendation of Senators Tom Udall and Martin Heinrich. He has served as an Assistant U.S. Attorney in the District of New Mexico since 2001, most recently serving as the First Assistant U.S. Attorney and before that as the Supervisor of the Organized Crime Section.  As a federal prosecutor, his experience has focused on complex drug cases, immigration cases, and national security and anti-terrorism matters.  From 1996 to 1998, he was an Assistant Attorney General in the New Mexico Attorney General’s Office.  Additionally, he has served as a Special Assistant District Attorney in three Judicial Districts in the State of New Mexico.

U.S. Attorney Martinez serves as the top federal law enforcement official in New Mexico and represents the United States’ interests in civil cases.  He leads an office of 84 Assistant U.S. Attorneys, three Special Assistant U.S. Attorneys, 75 support staff and 20 contract employees working in offices in Albuquerque and Las Cruces, N.M.

A native of New Mexico, Mr. Martinez received a Bachelor of Arts degree in both Economics and Political Science in 1989, a Juris Doctor in 1992, and a Master of Business Administration in 1993, all from the University of New Mexico. 

ALBUQUERQUE – Roxanne C. Lewis, 26, an enrolled member of the Acoma Pueblo who resides in Acoma, N.M., was sentenced today to a year and a day in federal prison followed by a year of supervised release for her federal assault conviction. 

Lewis was arrested on Jan. 21, 2014, on a criminal complaint alleging that she assaulted a 25-year-old Kewa Pueblo man by stabbing him with a knife.  The assault occurred in a location within Acoma Pueblo in Cibola County, N.M., on Jan. 9, 2014. 

On June 18, 2014, Lewis entered a guilty plea to a felony information charging her with aggravated assault with a deadly weapon.  Lewis admitted assaulting the victim with a knife during a domestic dispute.  The victim sustained three stab wounds that required medical treatment.

The case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Acoma Police Department, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez. 

ALBUQUERQUE –Alejandro Lopez, 41, a Mexican native who resides in Anthony, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in federal prison for his cocaine trafficking conviction.  Alejandro Lopez, a legal permanent resident, will be deported after he completes his prison sentence.

Alejandro Lopez and his brother Eddy Lopez, 38, were arrested on Nov. 15, 2012, on a criminal complaint charging them with trafficking in cocaine.  On March 29, 2013, Eddy Lopez entered a guilty plea to a felony information charging him with possession of cocaine with intent to distribute.  Alejandro Lopez was indicted on that same charge on June 19, 2013.

Alejandro Lopez was found guilty on Sept. 18, 2013, by a federal jury after a three-day trial.  The evidence at trial established that in late Sept. 2012, a confidential informant working under the supervision of the FBI and the Las Cruces/ Doña Ana County Metro Narcotics Agency had several telephone conversations with Eddy Lopez during which the informant negotiated to facilitate the purchase of a kilogram of cocaine for $22,000 from Eddy Lopez on behalf of a buyer.  On Sept. 27, 2012, law enforcement officers conducted surveillance while Alejandro Lopez and Eddy Lopez completed the drug deal by delivering a package containing 794 grams of cocaine to the informant.  Both men were arrested on local charges at that time.  The local charges subsequently were dismissed in favor of federal prosecution. 
A sentencing hearing for Eddy Lopez has yet to be set.  He faces a prison sentence of not less than five years and not more than 40 years followed by at least four years of supervised release.

This case was investigated by the Las Cruces office of the FBI and the Las Cruces/Doña Ana County Metro Narcotics Agency.  The case is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Edwin Garreth Winstead III of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Attorney General Eric Holder presented 278 Justice Department employees and ten other individuals, including an Assistant U.S. Attorney from the U.S. Attorney’s Office in the District of New Mexico, with Attorney General Awards at a ceremony today in Washington, D.C.  These annual awards recognize Justice Department employees and other individuals for their dedication to carrying out the Department of Justice’s mission.   

“With this important event, we come together to honor some of our nation’s most distinguished, dedicated, and deserving public servants,” said Attorney General Holder.  “The hard work and impressive achievements of these 278 award recipients have inspired their colleagues at every level of the U.S. Department of Justice – including me.  Their leadership has been indispensable in defining the past year as one of historic accomplishment in the face of nearly unprecedented challenge.”

During today’s ceremony, Supervisory Assistant U.S. Attorney Glynette R. Carson McNabb received the Attorney General’s Award for Exceptional Service in Indian Country which recognizes extraordinary efforts by Justice Department employees who demonstrate the Department’s commitment to fight crime in Indian Country.  Ms. Carson McNabb was recognized for her exceptional service and outstanding contributions to public safety in Indian Country over the course of 14 years as an Assistant U.S. Attorney in the District of New Mexico.  Since June 2010, Ms. McNabb has served as the supervisor for the Indian Country Crimes Section of the U.S. Attorney’s Office and Tribal Liaison for the 22 tribes in New Mexico.  In presenting the award to Ms. Carson McNabb, Attorney General Holder noted that Ms. Carson McNabb’s “dedication to improving public safety and the quality of life in tribal communities not only in New Mexico but throughout the country, has substantially contributed to the Justice Department’s commitment to fight crime in Indian Country.”

“This award is not only a fitting recognition of Glynette Carson McNabb’s extraordinary contributions to tribal communities in New Mexico and throughout the country,” said U.S. Attorney Damon P. Martinez, “it is also a tribute to the countless tribal leaders, tribal, local, state and federal law enforcement officers, social service providers, and members of our Pueblos and Tribes who work with Glynette and the Assistant U.S. Attorneys in the Indian Country Crimes Section to bring justice to our Native communities.  Their dedication to the communities they serve is inspiring and is making a powerful difference for our tribal communities.”    

In addition to supervising ten Assistant U.S. Attorneys charged with investigating and prosecuting the full range of crime arising from New Mexico’s 22 Indian tribes, Ms. Carson McNabb has been responsible for implementing and directing three DOJ-sponsored pilot projects in the New Mexico’s Indian Country, including the Office on Violence Against Women (OVW) Tribal Special Assistant U.S. Attorney Pilot Project, which seeks to combat violence against Native American women.  In addition to her work on the OVW pilot project, Ms. Carson McNabb serves as a member of the Attorney General’s Violence Against Women Federal and Tribal Prosecution Task Force.

Ms. Carson McNabb also has significantly contributed to the Justice Department’s work in Indian Country through her efforts to expand the available law enforcement resources by training tribal, state and local officers so that they may be commissioned as special law enforcement (SLE) officers by the BIA.  As a member of the Criminal Justice in Indian Country Working Group, Ms. Carson McNabb assisted in the development of a training program for officers seeking to obtain SLE commissions from the BIA, has participated in numerous SLEC training programs throughout the country, and regularly serves as faculty for DOJ sponsored Indian Country training programs.

Ms. Carson McNabb is a native of Silver City, N.M.  Before joining the U.S. Attorney’s Office, Ms. Carson McNabb was an Assistant District Attorney in the 13th Judicial District Attorney’s Office (Valencia County) for the State of New Mexico for four years.  She is a graduate of the University of New Mexico and Texas Tech University School of Law.

ALBUQUERQUE – Ernest Joe Marquez, 46, of Las Cruces, N.M., was sentenced in Las Cruces federal court this morning to 130 months in federal prison followed by five of supervised release for his methamphetamine trafficking conviction.  The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division, and Special Agent in Charge Thomas Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Marquez was one of eleven defendants arrested in May 2012 and charged with participating in a conspiracy to possess methamphetamine with intent to distribute from Jan. 2012 through May 2012.  According to a superseding indictment filed in Oct. 2012, members of the conspiracy transported methamphetamine from El Paso, Texas, and Phoenix, Ariz. to Doña Ana County, N.M., where the methamphetamine was distributed to local drug dealers.

Nine of the eleven defendants resolved the charges against them by entering guilty pleas to various drug trafficking charges.  Marquez and Melchor Arroyos, 53, of El Paso, Texas, elected to proceed to trial on the following counts of the superseding indictment:  Count 1, charging both men with conspiracy to possess methamphetamine with intent to distribute; Count 13, charging Marquez with using a communication device to facilitate a drug trafficking crime; Count 16, charging Marquez with possession of methamphetamine with intent to distribute; and Count 17, charging Arroyos with possession of methamphetamine with intent to distribute.  On July 31, 2013, a federal jury returned guilty verdicts against Arroyos and Marquez after a three-day trial.

The evidence at trial established that in March 2012, the DEA received authorization to conduct a wiretap investigation and listen to communications occurring over Marquez’s telephone.  During the investigation, the investigators learned that Marquez was conspiring with others to bring large quantities of methamphetamine from Texas and Arizona to New Mexico so that the drugs could be divided up, repackaged, and sold on the streets of Las Cruces.  Among other things, the investigation revealed that in April 2012, Marquez sent two women to Arizona to pick up a pound of methamphetamine.  Through intercepted conversations, the investigators learned that, after taking possession of the methamphetamine, Marquez sold the methamphetamine to local drug dealers. 

The investigation also revealed that in May 2012, Marquez made arrangements for the delivery of another pound of methamphetamine.  This time, Arroyos was responsible for delivering the methamphetamine.  After Arroyos’ initial attempt to deliver the methamphetamine  to Marquez was unsuccessful, the two men had a telephone conversation during which they made arrangements for Arroyos to deliver the methamphetamine to Marquez at his home.  Before Arroyos could make the delivery, he was arrested by an officer who executed a traffic stop on Arroyos’ vehicle and found a pound of methamphetamine hidden in the engine area of the vehicle.

On Aug. 12, 2014, Arroyos was sentenced to ten years of federal prison followed by five years of supervised release.

The case was investigated by the Las Cruces offices of the DEA and ATF, with assistance from the U.S. Border Patrol, Hatch Police Department, Motor Transportation Division of the New Mexico Department of Public Safety, New Mexico State Police, Las Cruces/Doña Ana County Metro Narcotics Agency, and Las Cruces Police Department Gang Task Force.  It is being prosecuted by Assistant U.S. Attorneys Sarah M. Davenport, Marisa Lizarraga and Aaron O. Jordan.

The case was the result of a five-month investigation led by the DEA and ATF, which was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program.  OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

ALBUQUERQUE – Alfonso Thompson, 38, of Albuquerque, N.M.., was sentenced today in federal court to 15 years in federal prison followed by three years of supervised release for being an armed career offender.  The sentence was announced by U.S. Attorney Damon P. Martinez, 2ndJudicial District Attorney Kari E. Brandenburg and Special Agent in Charge Thomas Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives and Chief Gorden Eden of the Albuquerque Police Department.

U.S. Attorney Damon P. Martinez said that Thompson was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

Thompson was federally indicted on Nov. 27, 2012, and subsequently arrested in Dec. 2012 for unlawfully possessing a handgun and ammunition in Bernalillo County, N.M., on July 12, 2012.  According to court filings, Thompson was prohibited from possessing firearms and ammunition in July 2012 because he was a convicted felon.  Despite numerous prior felony convictions, Thompson possessed thirteen firearms and approximately 474 rounds of ammunition in July 2012.

Thompson entered a guilty plea to an indictment charging him with being a felon in possession of a firearm and ammunition on Jan. 14, 2014.  Thompson received an enhanced sentence of 15 years in prison due to his status as an armed career offender.

Thompson’s criminal history consists of nine convictions, including seven felony convictions, accumulated since 1997, of which three were drug-related, five involved violence (including two for attempted murder), and four involved the presence of a firearm.  Thompson currently is facing charges in state court for a double homicide and the non-fatal shooting of a third victim.  Thompson has entered a not guilty plea in the state case and is presumed innocent of those charges unless found guilty in a court of law.

Thompson’s federal conviction in this case arose from facts separate from his pending state charges.  If Thompson is convicted on the pending state charges, any sentence imposed on Thompson in the state case must be served consecutive to the sentence imposed in this federal case.

This case was investigated by the Albuquerque office of ATF, the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorney C. Paige Messec of the U.S. Attorney’s Office.

ALBUQUERQUE – The U.S. Department of Labor has entered into a settlement agreement with the St. James Tearoom, Inc. and its owners, Mary Alice and Daniel Higbie, which resolves an unfair labor practices lawsuit filed in Dec. 2014.  The lawsuit alleged that St. James Tearoom and its owners violated the Fair Labor Standards Act (FLSA) by failing to pay required minimum and overtime wages to its employees. 

Under the terms of the settlement agreement, which was filed as a court order today in the U.S. District Court for the District of New Mexico, the St. James Tearoom agrees to comply with the FLSA by paying its employees the required minimum hourly rate for workweeks of 40 hours or less, and by paying its employees at a rate not less than one and one-half times the regularly rate for work in excess of 40 hours per week.  The agreement also requires that the St. James Tearoom keep accurate records of its employees, hours worked, wages paid, and other employment conditions and practices.  The St. James Tearoom also will pay $25,286.
70 in backwages for the period of Dec. 2011 through Feb. 2013, plus an additional $25,286.70 in liquidated damages for a total amount of $50,573.40, to 42 employees.  

The Labor Department’s lawsuit was filed after investigators from the Wage and Hour Division’s Albuquerque District Office found that St. James Tearoom required that its dishwashers and serving staff join a tip pool, resulting in minimum wage violations.  The mandatory tip pool included salaried managers, shift leaders, dishwashers, and other employees who are not eligible for tip pools, making the St. James Tearoom’s entire tip pool arrangement invalid.  The St. James Tearoom also failed to keep accurate records of hours worked by employees, resulting in record-keeping violations.

Under the FLSA, the employer may consider tips as part of wages, but the employer must pay at least $2.13 per hour in direct wages.  The employer who elects to use the tip credit provision must inform the employee in advance and must show that the employee receives at least the applicable minimum wage of $7.25 when direct wages and tip credit are combined.  If an employee’s tips, combined with the employer’s direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference.  Employees must retain all their tips, except to the extent that they participate in a valid tip pool of sharing arrangement.

“When employers fail to pay the required minimum and overtime wages, it negatively impacts not just the workers and their families, but also other businesses and the community.   Underpaying workers gives this business an unfair competitive edge against employers who abide by the law,” said Cynthia Watson, regional administrator for the Labor Department’s Wage and Hour Division in the Southwest.  “This settlement agreement ensures that the employees of the St. James Tearoom will receive the backwages they are due and that they will continue to be properly compensated for their work.”
 

Colleen B. Nabhan of the Office of the Solicitor, U.S. Department of Labor, and Assistant U.S. Attorney Michael H. Hoses of the District of New Mexico litigated the case on behalf of the U.S. Labor Department.

ALBUQUERQUE – Isaac Gordo, 30, an enrolled member of the Navajo Nation who resides in Torreon, N.M., entered a guilty plea this morning to an involuntary manslaughter charge.  Under the terms of his plea agreement, Gordo will be sentenced to 37 months if federal prison followed by a term of supervised release to be determined by the court.

During today’s proceedings, Gordo pled guilty to a felony information charging him with killing another man on July 17, 2013, while operating a vehicle under the influence of alcohol and driving recklessly.  According to the information, the offense occurred on the Navajo Indian Reservation in Sandoval County, N.M.,

In his plea agreement, Gordo admitted killing the victim while driving under the influence of liquor.  Gordo acknowledged that he had been drinking alcohol before he driving his vehicle off the roadway, over correcting and flipping the vehicle so that it came to rest on its roof.

Gordo is in federal custody and remains detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI, the Navajo Nation Division of Public Safety and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

ALBUQUERQUE – Jesus Jose Ornelas-Yanez, 39, of Portales, N.M., was sentenced yesterday to 121 months years in federal prison followed by five years of supervised release for his methamphetamine trafficking conviction.  He also was ordered to pay a $17,500.00 fine.

Ornelas-Yanez was arrested on Dec. 18, 2012, on a criminal complaint alleging that he violated the federal immigration laws by re-entering the United States without permission after he previously had been deported.  He has been in federal custody since that time. 

On Feb. 6, 2013, Ornelas-Yanez and a co-defendant, Tomas Garcia, 56, a Mexican national illegally residing in Portales, were indicted and charged with conspiracy and possession of methamphetamine with intent to distribute.  It also charged Ornelas-Yanez with unlawful reentry of a removed alien.  According to the indictment, Ornelas-Yanez and Garcia conspired on Dec. 12, 2012, to distribute methamphetamine in Roosevelt County, N.M., and possessed methamphetamine on that date with the intention of distributing it to another person.

On June 26, 2013, Ornelas-Yanez entered a guilty plea to Count 2 of the indictment charging him with possession of methamphetamine with intent to distribute.  Ornelas-Yanez admitted that prior to Dec. 12, 2012 he agreed to sell a pound of methamphetamine on consignment to a confidential informant and allowed the informant to send a courier to pick up the methamphetamine.  The courier turned out to be a DEA agent working in an undercover capacity.  Ornelas-Yanez admitted that on Dec. 12, 2012, he instructed the DEA agent to pick up the methamphetamine from Garcia at a convenience store in Portales, N.M.  Subsequent lab analysis revealed that the substance obtained by the DEA agent from Garcia was 443.9 grams of actual methamphetamine.

Garcia pled guilty to Counts 1 and 2 of the indictment charging him with conspiracy and possession of methamphetamine with intent to distribute on July 17, 2013.  On Oct. 17, 2013, Garcia was sentenced to 24 months in prison.  He will be deported when he completes his prison sentence. 

This case was investigated by the Las Cruces office of the DEA, the Roosevelt County Sheriff’s Office and U.S. Customs and Border Protection.  Assistant U.S. Attorneys Lynn W.Y. Wang and Linda Mott prosecuted the case.

ALBUQUERQUE – Patrica Benally, 37, an enrolled member of the Navajo Nation who resides in Mitten Rock, N.M., was sentenced this morning to 46 months in federal prison followed by two years of supervised release for her involuntary manslaughter conviction.

Benally was arrested on Feb. 5, 2014, on a criminal complaint charging her with involuntary manslaughter of a four-year-old Navajo child on the Navajo Indian Reservation.  Benally was charged by indictment for involuntary manslaughter on Feb. 26, 2014.

According to court filings, Benally was intoxicated when the vehicle she was driving was involved in a rollover collision near mile marker 72 on U.S. Highway 491 south of Shiprock, N.M.  The victim was one of five passengers, four of whom were young children, in Benally’s vehicle at the time of the collision.  Benally’s blood alcohol content was .237 shortly after the collision. 

On April 23, 2014, Benally admitted killing the victim while driving under the influence of alcohol.  According to the plea agreement, Benally was driving intoxicated at a high rate of speed when she fell to sleep and lost control of the vehicle, causing it to roll over and crash.  The victim was killed as a result of the crash.

The case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Clay Samson Geronimo, 26, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty last week in federal court in Las Cruces, N.M., to a federal assault charge.  Geronimo entered his guilty plea on Oct. 10, 2014, without the benefit of a plea agreement.

Geronimo was arrested on Feb. 21, 2014, on a criminal complaint alleging that he assaulted a Mescalero Apache woman on Jan. 12, 2014, on the Mescalero Apache Reservation in Otero County, N.M., and caused her to suffer serious bodily injuries.  Geronimo was indicted on March 3, 2014, and charged with assault resulting in serious bodily injury.

Court filings reflect that on Jan. 12, 2014, Geronimo assaulted the victim by striking her in the face with his fists.  As a result of the assault, the victim sustained a fractured eye socket and fractured nasal bones, which required surgical treatment.  Geronimo was arrested on tribal charges on Jan. 12, 2014, and entered a no contest plea in Mescalero Tribal Court.

Geronimo has been in federal custody since his arrest on Feb. 21, 2014 and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Geronimo faces a statutory maximum sentence of ten years in federal 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.

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 – Darryle R. Dennison, 25, an enrolled member of the Navajo Nation who resides in Vanderwagon, N.M., was sentenced this morning to 14 years in prison followed by ten of supervised release for his aggravated sexual abuse conviction.  Dennison will be required to register as a sex offender after he completes his prison sentenced. 

Dennison’s sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Director John Billison of the Navajo Nation Division of Public Safety.

Dennison was arrest on June 7, 2013, on a criminal complaint alleging that he sexually abused a child less than 12 years old on June 4, 2013, in a location within the Navajo Indian Reservation, in McKinley County, N.M.  On March 18, 2014, Dennison pled guilty to a felony information charging him with aggravated sexual abuse and admitted engaging in a sexual act with a child under the age of 12 years.

This case was investigated by the Gallup office of the FBI with assistance from the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorneys Glynette R. Carson McNabb and Presiliano A. Torrez.

The case was brought pursuant to 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 – Jamie Estrada, 41, of Los Lunas, N.M., was sentenced today by U.S. District Judge William P. Johnson for his conviction on unlawful interception of electronic communications and false statement charges arising out of the unlawful interception of wire communications intended for others, including New Mexico Governor Susana Martinez and members of her staff.  Estrada was sentenced to nine months of imprisonment followed by three years of supervised release.  Estrada also was ordered to perform 100 hours of community service and to pay a $10,000 fine.  Estrada is to voluntarily surrender to a federal correctional institution to be designated by the U.S. Bureau of Prisons.

In announcing Estrada’s sentence, U.S. Attorney Damon P. Martinez said, “This prosecution demonstrates the Justice Department’s commitment to protecting Americans from those who seek to violate their privacy.  In an electronic age, much of our personal, professional and financial information is repeatedly transmitted on a daily basis by email and other wireless device.  Each and every one of us has a right and an expectation of privacy in our electronic communications, including our emails, and individuals who violate the law by diverting, stealing or otherwise misappropriating our private communications should face serious consequences.”

“Jamie Estrada stole the emails that were the subject of this case, plain and simple. He took private information that didn't belong to him, and lied about it,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.  “I thank the FBI special agents and professional staff for their hard work on this case, and congratulate the U.S. Attorney’s Office for a successful prosecution.  This sentencing occurs during National Cyber Security Awareness Month, which since 2004 has reminded Americans of the importance of protecting our own privacy online as well as our country's national security.”

Estrada was charged in a 14-count indictment filed in May 2013.  The first 12 counts of the indictment alleged that, between July 2011 and June 2012, Estrada unlawfully intercepted wire communication intended for individuals who had email accounts on an internet domain owned by the Governor’s political organization.  The final two counts charged Estrada with making false statements to the FBI in Sept. 2012, in which he denied taking certain actions to unlawfully intercept wire communications as charged in first 12 counts of the indictment.  The indictment subsequently was superseded in Oct. 2013 and May 2014 to add two more false statement charges.

According to court filings, in summer 2009, Governor Martinez, who was then the District Attorney in Dona Ana County, N.M., began assembling a political campaign as she prepared to enter the Nov. 2010 gubernatorial race.  In July 2009, a political supporter of the Governor registered an internet domain designated as susana2010.com (the Domain) for a two-year period through an online service.  The supporter donated the Domain, including its username and password, to the Governor’s political organization.  The username and password were required for making administrative changes to the Domain, including posting content to the Domain’s website and creating email accounts associated with the Domain.  They also were required to renew the registration for the Domain, which was scheduled to expire on July 18, 2011.  As the owner of the Domain, the Governor’s political organization had the exclusive right to renew the registration before it expired and during a 42-day grace period following the expiration date.

During the gubernatorial campaign, the Domain became an important tool for the Governor’s political organization.  Members of the campaign staff, including the Governor, maintained email accounts on the Domain which they used to communicate with each other, the Governor’s political supporters, and the media.  Estrada, who joined the Governor’s political organization as the campaign manager in July 2009, was provided with the username and password for the Domain.  When Estrada left the campaign in Dec. 2009, the Governor requested that he cooperate in efforts to remove his access to and privileges regarding the campaign’s accounts.

After Governor Martinez was inaugurated in Jan. 2011, the Governor, members of her staff and others continued to use the email accounts associated with the Domain.  In July 2011, individuals who had email accounts on the Domain began receiving reports that emails sent to those accounts were bouncing back to the senders and soon determined that the emails were not getting delivered because the Domain had expired.  Their efforts to re-register the Domain were unsuccessful because they could not locate or recall the Domain’s username and password.  In July 2011 and as part of their efforts to locate the username and password, the Governor’s staff asked Estrada to provide this information and he did not respond.

On June 16, Estrada entered guilty pleas to Counts 6 and 16 of the second superseding indictment, charging him with unlawful interception of electronic communications and false statements, respectively.  In his plea agreement, Estrada admitted that on July 29, 2011, he logged onto the Domain and altered the customer profile using a fictitious name with a Colorado address.  Estrada also admitted renewing the Domain under the fictitious name and paid for the renewal with a pre-paid gift card so that the renewal could not be traced back to him.

According to the plea agreement, Estrada changed the settings for the Domain to direct all incoming email to an email account he controlled so that the emails were routed to him instead of the intended recipients.  From July 2011 through June 2012, Estrada intercepted hundreds of email messages intended for recipients at the Domain, including the Governor.  The intercepted emails included personal emails, internal political communications and emails from ordinary citizens to the Governor or her staff.  In his plea agreement, Estrada admitted sharing the emails he unlawfully intercepted with the Governor’s political opponents to disseminate the emails to news media and other outlets. 

Estrada admitted unlawfully intercepting an email dated Jan. 4, 2012, which was entitled “Confidential RGA [Republican Governors’ Association] Update” and was intended for the Governor, as charged in Count 6 of the second superseding indictment.  In his plea agreement, he also acknowledged unlawfully intercepting the eleven other emails described in Counts 1 through 5 and 7 through 12 of the indictment. 

Estrada also admitted making false statements to FBI agents on Sept. 19, 2012, when they executed a search warrant at his residence.  Specifically, Estrada told the FBI agents that he had not paid for the renewal of the Domain using a pre-paid gift card as charged in Count 16 of the second superseding indictment.  In his plea agreement, he also acknowledged making the false statements charged in Counts 13, 14 and 15 of the indictment. 

This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorneys Fred J. Federici and Jeremy Pena.

ALBUQUERQUE – Charles Douglas Notbohm, Jr., 50, of Tucson, Ariz., pleaded guilty yesterday afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.  

Notbohm 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 a co-defendant, 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 a third co-defendant, Armando Conrad Gonzales, 33, of Las Cruces, NM, 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, Notbohm pled guilty 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 a co-conspirator.  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.

Notbohm has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, he faces a prison sentence of not more than twenty years in prison.

Reeves was arrested on May 22, 2014, and pled guilty to the two methamphetamine trafficking charges in in the superseding indictment without the benefit of a plea agreement on Sept. 18, 2014.  He has been in custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled.  At sentencing, Reeves faces a sentence of not less than five years and not more than 40 years in prison.

Gonzales was arrested on May 13, 2014, and remains in custody pending trial.  He has entered a not guilty plea to the charges in the superseding indictment.  Charges in the indictment are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law. 

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 – Raymond Moya, 31, of Albuquerque, N.M., was sentenced today to ten years in federal prison followed by six years of supervised release for his heroin trafficking conviction.  Moya also was ordered to forfeit $5199 in cash that was seized from him at the time of his arrest.

Moya was charged in Nov. 2011, on a criminal complaint charging him with possession of heroin with intent to distribute, and later was indicted on that same charge in Dec. 2011.  According to court filings, Moya was arrested on outstanding state warrants by the Albuquerque Police Department on Nov. 4, 2011.  During a search incident to arrest, the officers found that Moya was in possession of 48.77 grams of heroin and $5199 in cash.

On April 10, 2014, Moya entered a guilty plea to the indictment and admitted possessing approximately 50 grams of heroin on Nov. 4, 2011, in Bernalillo County, N.M.

Court records reveal that prior to Nov. 2011, Moya had been convicted of the following felony offenses:  possession of a controlled substance, aggravated assault with a deadly weapon, and possession of a controlled substance with intent to distribute.

This case was investigated by the Albuquerque office of the DEA, the U.S. Marshals Service, and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.

The case was prosecuted by Assistant U.S. Attorneys Sean J. Sullivan and Nicholas J. Ganjei 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.

ALBUQUERQUE – Arthur L. Ganadonegro, 24, pleaded guilty this morning to a felony information charging him with aggravated sexual abuse of a child under the age of 12 years.  Under the terms of his plea agreement, Ganadonegro will be sentenced to a federal prison term within the range of ten to 12 years followed by a term of supervised release to be determined by the court.  Ganadonegro also will be required to register as a sex offender.

Ganadonegro, an enrolled member of the Navajo Nation who resides in Casamero Lake, N.M., was arrested in March 2014, on a criminal complaint alleging that he sexual abused two Acoma Pueblo children when they were less than 12 years of age.  Ganadonegro subsequently was charged in a four-count indictment with two counts of aggravated sexual abuse and two counts of abusive sexual contact.  The indictment alleged that Ganadonegro sexually abused one of the victims between Sept. 2013 and Nov. 2013, on the Navajo Indian Reservation in McKinley County, N.M.  It further alleged that Ganadonegro sexually abused the other victim between April 2008 and Dec. 2008, in a location within Acoma Pueblo in Cibola County, N.M.
          
During today’s, Ganadonegro admitted that between April 2008 and Dec. 2008, he engaged in a sexual act with a child under the age of 12 years.  He also acknowledged committing the crime in Acoma Pueblo.

Ganadonegro 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 Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Acoma Tribal Police Department. 

The case is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson 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 – Janette Briones, 58, of Big Bear, Calif., made her initial appearance in the U.S. District Court for the Central District of California yesterday afternoon on a criminal complaint charging her with kidnapping a two-year old Isleta Pueblo boy and taking the young victim across state lines.  A detention hearing is scheduled for Oct. 10, 2014, to determine whether Briones will be detained pending her transfer to New Mexico to face the charge against her.

According to the criminal complaint, Briones obtained permission for a brief visit with the young victim and his three-year old sister, both of whom are members and residents of Isleta Pueblo, on the evening of Oct. 2, 2014.  An hour and fifteen minutes later, Briones left the three-year at the doorstep of her home in Isleta Pueblo, but allegedly drove away with the young victim.  Investigation by the FBI and Isleta Pueblo Tribal Police Department revealed that Briones did not have permission to take the victim.  Investigation also revealed that Briones was in the vicinity of Sugarloaf, Calif., at approximately 5:00 p.m. on Oct. 3, 2014. 

The FBI arrested Briones in Big Bear, Calif., at approximately 2:00 a.m. on Oct. 4, 2014.  The young victim was with Briones when she was arrested.  The victim is safe and did not suffer any physical injury.  He has been returned to his family in Isleta Pueblo.

If convicted of the charge in the complaint, Briones faces a penalty of imprisonment for any term of years or for life.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Albuquerque office of the FBI and the Isleta Pueblo Tribal Police Department with assistance from the Victorville Resident Agency of the FBI, the San Bernardino County Sheriff’s Station in Big Bear, Calif., and the U.S. Attorney’s Office for the Central District of California.  Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced that last week the Justice Department’s Office of Community Oriented Policing Services (COPS) awarded a hiring grant to the Farmington Police Department aimed at creating six law enforcement positions to help reduce violence and address other critical law enforcement needs in Farmington, N.M.  Nearly $124 million in grants were awarded nationally, including the $750,000 grant for the Farmington Police Department.

“The COPS Office is pleased to assist local law enforcement agencies throughout the country in addressing their most critical public safety issues,” said Ronald L. Davis, Director of the COPS Office.  “Funding from this year’s program will allow many cities and counties to apply new sworn personnel to issues related to violent crime, property crime, and school safety.”

The COPS Hiring Program offers grants to state, local and tribal law enforcement agencies to hire or rehire community policing officers.  The program provides salaries and benefits for officer and deputy hires for three years.

“This COPS grant has identified a public safety need in Farmington and San Juan County,” said U.S. Attorney Damon P. Martinez.  “Every additional officer on the street helps community safety and we know that the six new officers will help fight crime in San Juan County and improve the lives of the people who live there.”

“The Farmington Police Department is very pleased to have been chosen to receive funding for six additional officers.  As our agency continues to develop our community policing program, the additional officers will allow us to work closer with the San Juan Community College and to increase our work in our parks and downtown business area.  Currently, we are working with the Public Safety staff of the College to improve campus safety by greater visibility and information sharing, as well as coordinated exercises,” said Chief Steve Hebbe.  “We wish to thank all those who helped us obtain this grant and we look forward to improving our level of service with these additional officers.”
Grantees for the 2014 hiring program were selected based on their fiscal needs, local crime rates, and community policing plans.

The COPS Office is a federal agency responsible for advancing community policing nationwide.  Since 1995, COPS has awarded over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fun the hiring and redeployment of approximately 125,000 officers and provide a variety of knowledge resource products including publications, training, and technical assistance.

For the entire list of grantees and additional information about 2014 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.

ALBUQUERQUE – Bentley Streett, 38, of Albuquerque, N.M., was arrested this morning by the FBI and the Bernalillo County Sheriff’s Office (BCSO) on federal child exploitation charges.  Streett made his initial appearance in federal court earlier today and remains in custody pending a detention hearing scheduled for Oct. 6, 2014.

Streett is charged in a criminal complaint with inducing and enticing minors to engage in sexual activity; the interstate transmission of obscene matter to minors; and attempting to produce child pornography.  According to the criminal complaint, in Oct. 2013, the National Center for Missing and Exploited Children forwarded a tip that Streett allegedly had engaged in the online solicitation of a nude photograph from a 15-year-old child victim to the New Mexico Internet Crimes Against Children (ICAC) Task Force.  A search warrant on a cellphone account allegedly subscribed to Streett revealed numerous text messages between Streett and the child victim, and the child victim allegedly confirmed that Streett requested that she send nude photographs of herself to him and that she declined his request.

The complaint alleges that in Feb. 2014, the BCSO seized Streett’s cellphone when they executed a search warrant at Streett’s residence.  A forensic examination of Streett’s cellphone revealed that from Nov. 2013 to Jan. 2014, the cellphone allegedly had been used to send text messages to a 15-year-old child victim in El Paso, Texas.  In Nov. 2013, Streett allegedly sent text messages requesting that this second child victim send nude photographs of herself to him.  At the time, the second child victim was 14-years-old.  In Nov. 2013 and Jan. 2014, Streett allegedly sent the second child victim photographs of nude male and female bodies, including photographs of individuals who appear to be under the age of 18.  The FBI initiated a federal investigation on Sept. 18, 2014, after receiving a referral from the BCSO.

If convicted of the charges in the criminal complaint, Streett faces a federal prison term of not less than 15 years and not more than 30 years.  Streett also would be required to register as a sex offender.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

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

The case also was brought as a part of the New Mexico 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 New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Six residents of Eddy County, N.M., were sentenced yesterday afternoon and this morning by a federal judge in Las Cruces, N.M., to prison terms for violating the Hobbs Act by robbing businesses engaged in interstate commerce, announced U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Chief Kent Waller of the Carlsbad Police Department, Chief Don Raley of the Artesia Police Department, and Chief Chris McCall of the Hobbs Police Department.

The six men, Bennie Juarez, Gucci Lopez, Logan Magby, Mario Muro, Rance Williams, and Tyler Williams, together with their co-defendant Maurice Williams who was previously sentenced, were charged with violating the Hobbs Act in a criminal complaint filed on May 29, 2013. According to court filings, the seven men, acting in groups, robbed the following five commercial businesses in southeastern New Mexico between Nov. 2012 and Jan. 2013: 

• The Family Dollar located at 403 W. Quay Street in Artesia, N.M., by Juarez, Lopez and Maurice Williams on Nov. 15, 2012.

• The Shop-N-Go located at 22212 W. Lea Street in Carlsbad by Juarez, Lopez and Rance Williams on Nov. 28, 2012.

• The Family Dollar located at 901 W. Mermod Street in Carlsbad by Juarez, Lopez and Maurice Williams on Dec. 2, 2012.

• The Dollar General located at 730 N. Dal Paso in Hobbs, N.M., by Juarez, Rance Williams and Tyler Williams on Dec. 9, 2012.

• The Domino’s Pizza located at 302 S. 1st Street in Artesia by Juarez, Muro, Magby and Tyler Williams on Jan. 6, 2013.

The defendants wore masks or covered their faces with bandanas and brandished firearms at the store employees when they committed the aforementioned robberies.

Bennie Juarez, 28, of Artesia, N.M., pled guilty on Aug. 20, 2013, to five counts of conspiracy to violate the Hobbs Act by robbing each of the five businesses identified above.  Juarez was sentenced yesterday afternoon to 42 months in prison followed by three years of supervised release.  He also was ordered to pay, jointly with his co-defendants, $28,806.22 in restitution to the victims of his criminal conduct.

Gucci Lopez, 26, of Artesia, N.M., pled guilty on Nov. 5, 2013, to three counts of conspiracy to violate the Hobbs Act by robbing three businesses involved in interstate commerce.  Lopez was sentenced this morning to 12 months in prison followed by three years of supervised release.  He also was ordered to pay, jointly with his co-defendants, $14,599.40 in restitution to the victims of his criminal conduct.

Logan Magby, 20, of Carlsbad, N.M., pled guilty on Sept. 3, 2013, to conspiracy to rob the Domino’s Pizza in Artesia on Jan. 6, 2013.  Magby was sentenced yesterday to 15 months in prison followed by three years of supervised release.  He also was ordered to pay, jointly with his co-defendants, $1,107.82 in restitution to the victims of his criminal conduct.

Mario Muro, 23, of Carlsbad, N.M., pled guilty on Sept. 13, 2013, to conspiracy to rob the Domino’s Pizza in Artesia on Jan. 6, 2013.  Yesterday Muro was sentenced to 21 months in prison followed by three years of supervised release.  He also was ordered to pay, jointly with his co-defendants, $1,107.82 in restitution to the victims of his criminal conduct.

Rance Williams, 24, of Carlsbad, N.M., pled guilty on Sept. 10, 2013, to conspiracy to rob the Shop-N-Go in Carlsbad on Nov. 28, 2012, and conspiracy to rob the Dollar General in Carlsbad on Dec. 2, 2012.  Williams was sentenced yesterday afternoon to 25 months in prison followed by three years of supervised release.  He also was ordered to pay, jointly with his co-defendants, $11,323.00 in restitution to the victims of his criminal conduct.

Tyler Williams, 19, of Carlsbad, N.M., pled guilty on Sept. 13, 2013, to conspiracy to rob the Dollar General in Hobbs on Dec. 9, 2012, and conspiracy to rob the Domino’s Pizza in Artesia on Jan. 6, 2013.  Yesterday Williams was sentenced to 24 months in prison followed by three years of supervised release.  He also was ordered to pay, jointly with his co-defendants, $10,206.82 in restitution to the victims of his criminal conduct.

Maurice Williams, 35, of Carlsbad, N.M., entered a guilty plea on Sept. 10, 2013, to conspiracy to rob the Family Dollar in Artesia on Nov. 15, 2012, and conspiracy to rob the Family Dollar in Carlsbad on Dec. 2, 2012.  Williams was sentenced on July 29, 2014, to 130 months in federal prison followed by three years of supervised release. He also was ordered to pay, jointly with his co-defendants, $3,420.00 in restitution to the victims of his criminal conduct. 

The defendants were 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.

These cases were investigated by the Roswell office of the FBI, Carlsbad Police Department, Artesia Police Department and Hobbs Police Department, with assistance from the 5th Judicial District Attorney’s Office.  The cases were prosecuted by Assistant U.S. Attorneys Luis A. Martinez and E. Garreth Winstead III of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Luis Anthony Tobanche, 34, a Mexican national illegally present in the United States, was sentenced today to 100 months in federal prison for violating the federal firearms and immigration laws.  Tobanche will be deported after completing his prison sentence.

Tobanche was arrested in March 2013, based on a criminal complaint charging him with being a felon in possession of a firearm.  Tobanche was indicted in Aug. 2013 and charged with unlawfully possessing firearms and ammunition on March 5, 2013, and unlawful reentry by a previously deported alien.  At the time, Tobanche was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated battery and assault with a deadly weapon, cocaine trafficking and heroin trafficking in 2006, and battery on a peace officer in 2010.

According to court filings, Tobanche unlawfully possessed firearms and ammunition on March 5, 2013, while on the grounds of the Sandia Casino on Sandia Pueblo, N.M.  The Casino’s video surveillance cameras recorded a shooting episode in a parking garage during which Tobanche ran towards the elevators after being shot in the neck.  Video-footage reveals that Tobanche attempted to fire at the vehicle from which the shot was fired.  After the vehicle drove away, Tobanche entered the elevator and handed a silver handgun to another person.  Deputies of the Bernalillo County Sheriff’s Office subsequently recovered the firearm from that person.

On June 9, 2014, Tobanche entered a guilty plea and admitted possessing a pistol, a shotgun and ammunition on March 5, 2013, despite his status as a convicted felon.  Tobanche also admitted that he previously was deported from the United States in June 2010 and had not obtained authorization to reenter the United States.

This case was investigated by the Albuquerque office of the FBI, the Sandia Pueblo Tribal Police Department and the Bernalillo County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Jon K. Stanford. 

The case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Edward Albert Marquez, 69, the manager and operator of Club Tropicana in Espanola, N.M., was sentenced today to three years of probation, including eight months of electronic monitoring, for his conviction on federal tax charges.  Marquez also was ordered to pay $297,842 in restitution to the IRS at a rate of $8,000 per month. 

Marquez entered a guilty plea on May 1, 2014, to a two-count felony information charging him with making and subscribing a false tax return, and aiding and assisting the presentment of a false tax return.  Count 1 charged Marquez with filing a tax return for tax year 2009 in which he reported no income from Club Tropicana when in fact he received income from Club Tropicana resulting in a tax loss to the United States of $32,701.  Count 2 charged Marquez with assisting in the preparation of a tax return for Club Tropicana for tax year 2009 which failed to report income and resulted in a tax loss to the United States of $81,040.

In his plea agreement, Marquez admitted filing false tax returns and assisting in the presentation of false tax returns to evade the assessment of federal taxes by the IRS.  Marquez admitted that from 2007 to 2009, he “skimmed” money from Club Tropicana, then a bar and package liquor store in Espanola which he operated and managed.  Marquez knowingly provided information that falsely underreported the gross income generated by Club Tropicana in the club owner’s tax returns for tax years 2007, 2008 and 2009.  Marquez also admitted taking cash from Club Tropicana’s gross receipts, deposited the cash in his personal bank account, and failed to report this income in his 2007, 2008 and 2009 tax returns. The false returns filed by Marquez and  which Marquez caused to be filed resulted in an aggregate of $297,842 in tax losses to the United States.

This case was investigated by the Albuquerque and Santa Fe offices of IRS Criminal Investigation and was prosecuted by Assistant U.S. Attorney Stephen R. Kotz.

ALBUQUERQUE – Brandon Tafoya, 23, a member of the Santa Clara Pueblo who resides in Espanola, N.M., pleaded guilty this morning to two counts of assault resulting in serious bodily injury.    

Tafoya was arrested on Nov. 5, 2013, on an indictment charging him with two counts of assault resulting in serious bodily injury.  The indictment alleged that Tafoya knowingly drove a vehicle while under the influence of alcohol on April 11, 2013, in Santa Clara Pueblo in Rio Arriba County, N.M., and recklessly crashed into another vehicle causing two women to suffer serious bodily injuries. 

During today’s proceedings, Tafoya pled guilty to the indictment and admitted assaulting the victims by crashing into their vehicle while he was driving under influence of alcohol. Tafoya acknowledged that as a result of the assaults, the victims sustained internal injuries, cuts and lacerations.  One of the victims also sustained a hip fracture and a pelvic fracture.

Under the terms of his plea agreement, Tafoya will be sentenced to a prison term not to exceed three years, including two years at a rehabilitation program and a year in a transitional half-way house or such other program that may be designated by the U.S. Probation Office.

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Santa Clara Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.

ALBUQUERQUE – Gregory Bitsilly, 28, an enrolled member of the Navajo Nation who resides in Nenahnezad, N.M., was sentenced this afternoon to 24 months in federal prison followed by five years of supervised release for his arson conviction.

Bitsilly was arrested in March 2014, on a criminal complaint charging him with arson.  He was indicted on that same charge in April 2014.  According to court filings, Bitsilly set fire to the residence he shared with his wife and children on March 24, 2014, because his wife was attempting to leave him for being physically abusive.  The residence and its contents were a total loss.

On June 25, 2014, Bitsilly admitted willfully and maliciously setting fire to the home he resided in with his wife and children on March 24, 2014. 

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Special 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 – Joshua Gomez, 24, of Santa Fe, N.M., was sentenced today to 15 years in federal prison followed by three years of supervised release for being an armed career criminal.  The sentence was announced by U.S. Attorney Damon P. Martinez, 1st Judicial District Attorney Angela “Spence” Pacheco, Acting Special Agent in Charge Tom Hernandez of Homeland Security Investigations (HSI) in El Paso, and Chief Eric Garcia of the Santa Fe Police Department.
   
Gomez was arrested on Feb. 14, 2014, based on a criminal complaint charging him with being a felon in possession of a firearm.  He was indicted on March 11, 2014 and charged with unlawfully possessing a firearm and ammunition on Jan. 8, 2014, in Santa Fe County, N.M.  According to court records, Gomez was prohibited from possessing firearms or ammunition in Jan. 2014 because he previously had been convicted of many felony offenses, including possession of a firearm by a felon, aggravated fleeing from a police officer, receiving stolen property, residential burglary, burglary, receiving or transferring a stolen vehicle and possession of heroin.

According to court filings, on Jan. 8, 2014, officers of the Santa Fe Police Department and HSI agents arrested Gomez on an outstanding arrest warrant.  During a search incident to arrest, Gomez informed the officers that he had a gun and gestured toward the front pocket of his sweatshirt where the officers could identify the barrel of a pistol.  After the officers seized a loaded pistol from the pocket of Gomez’s sweatshirt, the officers asked Gomez if he was a convicted felon.  Gomez admitted being a felon and acknowledged that he was prohibited from possessing firearms or ammunition.  Gomez was arrested on state charges which were later dismissed in favor of federal prosecution.

Gomez pled guilty to the indictment on June 26, 2014.  Because of his status as an armed career criminal, Gomez faced an enhanced sentence of not less than 15 years in prison.

This case was investigated by the Border Enforcement Security Task Force (BEST Team) from HSI’s Albuquerque office and the Santa Fe Police Department, and was prosecuted by Assistant U.S. Attorney Holland S. Kastrin.

The case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Pete Richard Ferraro, 23, of Chaparral, N.M., was sentenced today in federal court in Las Cruces, N.M., to 57 months in federal prison followed by three years of supervised release for unlawfully possessing stolen firearms.  His co-defendant Emanuel Medina, 24, of El Paso, Texas, was sentenced on Sept. 23, 2014, to 46 months in federal prison followed by two years of supervised release for a similar conviction.

Medina and Ferraro were arrested on a criminal complaint filed in Oct. 2013, charging them with unlawfully possessing firearms between Oct. 11, 2013 and Oct. 23, 2013, in Doña Ana County, N.M.  According to the complaint, on Oct. 22, 2013, an officer of the El Paso Police Department reported that a rifle and a shotgun were missing from his unmarked police vehicle.  The results of a latent prints examination revealed that Ferraro left his fingerprints on the police vehicle.  During the course of the investigation, Medina and Ferraro were interviewed and implicated themselves in the theft of the firearms.  The firearms were recovered in two Chaparral residences.

On May 27, 2014, Medina pled guilty to a felony information charging him with possession of stolen firearms.  In his plea agreement, Medina admitted that Ferraro and he broke into the officer’s vehicle, stole the firearms and transported the firearms from Texas to New Mexico.  Ferraro entered a guilty plea to possession of stolen firearms on July 23, 2014.
             
This case was brought 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 El Paso Group III Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the El Paso Police Department, and was prosecuted by Assistant U.S. Attorney Randy Castellano of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Robert Lucero, 44, an enrolled member of the Acoma Pueblo, pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.

Lucero was arrested on May 21, 2014, on a criminal complaint charging him with assault with a dangerous weapon, with intent to do bodily harm, and resulting in serious bodily injury. Lucero subsequently was charged in a two-count indictment with assault with a dangerous weapon and assault resulting in serious bodily injury.  According to court filings, the victim, also an enrolled member of Acoma Pueblo, stated that Lucero assaulted the victim, with what appeared to be a wooden bat or stick on May 1, 2014 within the boundaries of the Pueblo of Acoma Reservation. 

During today’s hearing, Lucero entered a guilty plea to count two of the indictment and admitted that on May 1, 2014, he assaulted the victim with a wooden axe handle, which resulted in serious bodily injury. 

Lucero 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, Lucero will be sentenced to 24 months in federal prison followed by a term of supervised release to be determined by the court.

This case was investigated by the Albuquerque office of the Federal Bureau of Investigation with assistance from the Acoma Pueblo Police Department and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

ALBUQUERQUE – Joshua Abeyta, 21, of Rio Rancho, N.M., pleaded guilty today to two bank robbery charges. 

Abeyta was arrested on July 10, 2014, on a criminal complaint charging him with robbing two Bank of Albuquerque branches located in Albertson’s supermarkets.  Abeyta was charged with robbing the first bank branch, located at 4300 Ridgecrest Drive SE in Rio Rancho, on June 30, 2014, and the second, located at 10131 Coors Boulevard NW in Albuquerque, N.M., on July 8, 2014.

On July 24, 2014, Abeyta and a  co-defendant, Angelica Donna Casados, 26, also of Rio Rancho, were indicted on July 24, 2014, and charged with two counts of bank robbery.  Casados was arrested on July 29, 2014. 

According to the court filings, Abeyta robbed the first bank branch on June 30, 2014, by presenting a bank teller with a note that included a warning that someone would get hurt if the teller did not comply with his demand for cash.  Abeyta fled from the supermarket after obtaining cash from the teller.  On July 8, 2014, Abeyta approached a bank teller at the second bank and again obtained cash from the teller after presenting a note demanding cash.  Casados allegedly aided and abetted Abeyta in robbing the two bank branches. 

During today’s hearing, Abeyta entered a guilty plea to the indictment and admitted robbing the two bank branches.  He has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Abeyta faces a statutory maximum penalty of 20 years in prison.

Casados has entered a not guilty plea to the charges in the indictment and is scheduled for trial on Nov. 17, 2014.  Charges in the indictment are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.

This case was investigated by the Albuquerque office of the FBI with assistance from the Rio Rancho Police Department and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict earlier today finding Rio Arriba County Sheriff Thomas R. Rodella guilty on criminal civil rights and firearms charges after a five-day trial.  The jury’s verdict was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.

Sheriff Rodella, 52, of Española, N.M., was charged in a two-count indictment arising out of a March 11, 2014 incident occurring in Rio Arriba County, N.M., during which he engaged in the high-speed pursuit and unreasonable seizure of a victim identified as “M.T.”  Count 1 of the Indictment charged Sheriff Rodella with violating the victim’s civil rights by subjecting him to an unreasonable seizure while acting under color of law.  Count 2 charged the Sheriff with brandishing a firearm during a crime of violence.

Trial of this case began on Sept. 22, 2014, and concluded this afternoon when the jury returned a verdict of guilty on both counts of the indictment.  The trial evidence established that on March 11, 2014, Sheriff Rodella and his son Thomas Rodella, Jr., who were in the Sheriff’s personal vehicle, engaged in a high-speed pursuit of the victim and used the Sheriff’s vehicle to block the victim’s vehicle on a dead-end lane.  The victim testified that Sheriff Rodella, who was not in uniform, jumped out of his vehicle with firearm in hand, entered the victim’s vehicle, and assaulted the victim with the firearm.  The Sheriff’s son dragged the victim out of his vehicle and identified the victim’s assailant as the Sheriff.  When the victim requested to see Sheriff Rodella’s badge, the Sheriff pulled the victim’s head up by his hair and slammed his badge into the victim’s face.  The victim testified that he suffered injuries to his face and his hand. 

The evidence also established that Sheriff Rodella instructed his deputies to arrest the victim and detain him at the Rio Arriba County Detention Center.  The victim testified that he was released from custody two days later after appearing before a state magistrate.  The charges against the victim were dismissed on March 26, 2014.  Deputies of the Rio Arriba Sheriff’s Office testified they did not conduct any investigation of the incident or prepare any reports until after the case was dismissed. 

“The vast majority of law enforcement officers work courageously every day to make our communities safe.  Because officers who serve with honor and integrity deserve our respect and support, it is vitally important to prosecute those who violate their oaths of office and the public trust placed in them,” said U.S. Attorney Damon P. Martinez.  “Today a federal jury found that in attacking an innocent civilian, Sheriff Rodella chose to abuse his power rather than uphold his oath to protect the public.  I commend the victim who testified in this case for having the courage to step forward and assert his civil rights, and for trusting the Department of Justice to protect him.  I am hopeful that today’s verdict brings a measure of justice to the victim and the people of Rio Arriba County.”

“It’s a sad day whenever a law enforcement official is found guilty of abusing his position, especially when he is the elected head of his agency and should set the example,” said FBI Special Agent in Charge Carol K.O. Lee.  “The FBI takes no joy in today’s verdict.  We hope it sends a message to public servants everywhere:  the FBI will make sure you are held accountable if you violate the trust your fellow Americans place in you.  I want to thank the FBI Special Agents and support staff for their hard work during this investigation, as well as the U.S. Attorney’s Office for their assistance in this case.”

Sheriff Rodella was remanded into custody after the jury returned its verdict and he will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Sheriff Rodella faces a statutory maximum penalty of ten years in prison on the criminal civil rights charge.  On the firearms charge, Rodella faces a mandatory seven years in prison to be served consecutive to any sentence imposed on the other charges.

The case was investigated by the Albuquerque and Santa Fe offices of the FBI and is being prosecuted by Assistant U.S. Attorneys Tara C. Neda and Jeremy Peña.

ALBUQUERQUE – Michael Anthony Fields, 49, Phillip Bush, 53, and Yolanda Michelle Winston, 45, all of Chicago, Ill., were sentenced yesterday to federal prison terms for their convictions on fraud and conspiracy charges.

Fields, Bush and Winston were arrested on Sept. 10, 2013, on a seven-count indictment charging them with conspiracy to commit access device fraud, access device fraud and aggravated identity theft.  The indictment alleged that between Oct. 2, 2012 and Nov. 22, 2012, the defendants conspired with each other to steal credit cards from wallets of unsuspecting victims, use the credit cards to purchase gift cards at retail stores, and purchase items for themselves with the gift cards. 

According to court filings, defendants perpetuated their fraudulent scheme in a number of states, including Arizona, Illinois, Indiana, New Mexico and Texas.  For example, on Oct. 6, 2012, the trio created a diversion while leaving a restaurant in Albuquerque which allowed one of the defendants to remove a wallet from a victim’s purse.  Later that day, Winston used the victim’s credit cards to purchase six pre-paid gift cards for $2,000 each along with other items, for a total of $12,074.88 in transactions.  The defendants later used the gift cards to make purchases in Texas, Arizona and Illinois.

On April 11, 2014, Bush and Winston each entered guilty pleas to charges of access device fraud and aggravated identity theft.  Fields entered a similar guilty plea on April 25, 2014. 

Yesterday, the defendants were sentenced to lengthy prison terms.  Fields was sentenced a 62-month prison term; Bush was sentenced to a 74-month prison term; and Winston was sentenced to an 84-month prison term.  Each defendant will be on supervised release for three years after his or her prison sentences.

The defendants also were ordered jointly to pay restitution to the victims of their fraudulent conduct:  $8,074.88 to U.S. Bank, $4,000.00 to HSBC, and $10,141.79 to Bank of America.  Fields also was ordered to forfeit $58,961.42 from two bank accounts.  Bush and Winston each was ordered to pay a money judgment of $4021.39.

This case was investigated by the Albuquerque office of HSI with assistance from the Chicago Police Department and was prosecuted by Assistant U.S. Attorney C. Paige Messec.

ALBUQUERQUE – This afternoon a federal jury sitting in Las Cruces, N.M., found Matthew Maley, 46, of Tucson, Ariz., guilty on methamphetamine trafficking and firearms charges after a four-day trial.   The guilty verdict was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Lt. Bobby Holden of the Las Cruces/ Doña Ana County Metro Narcotics Agency.

Maley and his four co-defendants Jennifer Sanders, 42, Jose Luis Niño, 40, and Aubrey Savage, 34, all of Las Cruces, and Candice Marie Carpenter, 35, of Tucson,  were charged in an 14-count superseding indictment filed on March 19, 2014.  Count 1 charged Sanders, Savage and Maley with conspiracy to distribute methamphetamine in Doña Ana County, N.M., from June 2013 through Aug. 2013.  Count 11 charged Maley, Nino and Carpenter with conspiracy to distribute methamphetamine in Doña Ana County in Dec. 2013.  The indictment also charged the defendants with various substantive methamphetamine distribution offenses, and Maley and Niño with being felons in possession of firearms and ammunition. 

Maley’s four co-defendants entered guilty pleas to various counts of the superseding indictment while Maley elected to exercise his right to a jury trial.  Maley proceeded to trial on two counts of conspiracy to distribute methamphetamine, two counts of methamphetamine distribution, one count of possession of methamphetamine with intent to distribute, and one count of being a felon in possession of a firearm and ammunition.

Maley’s trial began on Sept. 22, 2014.  Before the case was submitted to the jury, the court entered a directed verdict of acquittal on one of the two methamphetamine distribution counts.  The trial concluded today when the jury returned a verdict of guilty against Maley on the five counts it considered. 

The evidence established that Maley was the head of a drug trafficking organization that distributed significant quantities of methamphetamine in New Mexico and Arizona.  According to the testimony at trial, during July and Aug. 2013, undercover officers made several controlled purchases of methamphetamine from Maley, Sanders and Savage, including the purchase of a pound of methamphetamine on Aug. 21, 2013.  From Oct. through Dec. 2013, an informant purchased methamphetamine from Niño, who obtained the methamphetamine from Maley, and on Dec. 4, 2013, officers seized approximately 274 grams of methamphetamine when they executed a search warrant at Niño’s residence in Las Cruces.

Maley has been in federal custody since his arrest on Dec. 4, 2013, and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Maley faces a mandatory minimum of 20 years in prison and a maximum of life in prison on the methamphetamine trafficking charges, and a statutory maximum penalty of ten years in prison on the firearms charge.  Maley faces the enhanced penalty of a mandatory minimum 20 years in prison on the drug charges because he has a prior drug trafficking felony conviction.

On June 11, 2014, co-defendant Savage pled guilty to a conspiracy count on June 11, 2014, and admitted distributing methamphetamine on seven separate occasions between June 7, 2013 and July 11, 2013.  The quantities involved in those transactions ranged from .97 grams to 97.3 grams.  Savage faces a mandatory minimum of five years in prison and a maximum of 40 years in prison when she is sentenced.

On July 16, 2014, co-defendant Niño pled guilty to one count of conspiracy, one count of possession of methamphetamine with intent to distribute, and one count of being a felon in possession of ammunition.  Niño admitted possessing 274 grams of methamphetamine with intent to distribute in his home on Dec. 4, 2013.  He also admitted unlawfully possessing 30 rounds of ammunition on that day.  Niño was prohibited from possessing firearms or ammunition because he previously had been convicted of a felony drug trafficking offense.  Niño faces a mandatory minimum of ten years in prison and a maximum of life in prison.

On July 18, 2014, co-defendant Sanders pled guilty to one count of conspiracy and seven counts of distribution of methamphetamine, and admitted selling methamphetamine to a person who turned out to be an undercover officer on seven separate occasions between June 12, 2013 and Aug. 21, 2013.  Sanders acknowledged that the quantities of methamphetamine involved in the sales ranged from 5.4 grams in the first transaction to more than 250 grams in the last two transactions.  At sentencing, Sanders faces a mandatory minimum of ten years in prison and a maximum of life in prison.

Co-defendant Carpenter entered a guilty plea on Sept. 18, 2014, to conspiracy to distribute methamphetamine and distribution of methamphetamine, and admitted transporting 270 grams of methamphetamine from Arizona to New Mexico at Maley’s direction.  At sentencing, Carpenter faces a statutory maximum penalty of 20 years in prison.

The four co-defendants remain in custody pending sentencing hearing, which have yet to be scheduled.

This case was investigated by the Las Cruces office of the FBI and Las Cruces/ Doña Ana County Metro Narcotics Agency, and is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and E. Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Alberto Sanchez, 51, a Cuban national residing in Albuquerque, N.M., was sentenced this afternoon to 86 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.  Sanchez was convicted of this offense based on a guilty plea entered on Feb. 26, 2014.

Sanchez was arrested in July 2013, on an indictment charging him with possession of a handgun and ammunition in Bernalillo County, N.M., on July 19, 2012.  At the time, Sanchez was prohibited from possessing firearms or ammunition because previously he had been convicted of three drug trafficking offenses in 1998; a drug trafficking offense in 2003; and two aggravated battery offenses in 2007 in the 2nd Judicial District Court for the State of New Mexico

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bernalillo County Sheriff’s Office, with assistance from the 2nd Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Louis E. Valencia.

Sanchez was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Angela Sloan, 30, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today to two years of probation for her child abuse conviction.   Sloan has been in a half-way house for the past three and a half months and will be spend up to an additional six months in the half-way house as a condition of her probation.

Sloan was arrested in May 2014, on a criminal complaint alleging that on May 9, 2014, she endangered the lives and safety of two children, a nine-month-old infant and a nine-year-old child, by driving under the influence of alcohol while the children were unrestrained in the back seat of her vehicle.  The children did not suffer seriously bodily injury when Sloan crashed the vehicle into a wooden fence and a parked vehicle.  She subsequently was indicted and charged with committing child abuse by placing the children in a situation that may have endangered their lives or health.

On July 21, 2014, Sloan entered a guilty plea to the indictment and admitted driving under the influence of alcohol, with a blood alcohol content of .23, and losing control of the vehicle in which the two children were unrestrained passengers. Sloan admitted placing the children in a situation that endangered their lives by crashing into fencing and a parked vehicle.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Special Assistant U.S. Attorney David Adams.

ALBUQUERQUE – Nicholas Richard Blume, 36, of Albuquerque, N.M., pleaded guilty this morning to being a felon in possession of a firearm and ammunition. 

Blume was arrested in Feb. 2014, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on Feb. 10, 2014, in Bernalillo County, N.M.  Blume subsequently was indicted on that same charge on March 11, 2014.  According to court filings, Blume was prohibited from possessing firearms and ammunition in Feb. 2014, because he previously had been convicted of receiving and transferring a stolen motor vehicle, aggravated battery with a deadly weapon causing great bodily harm, extortion, possession of an imitation controlled substance, and robbery.  

Today Blume admitted to the possession of a rifle and ammunition on March 11, 2014.  Blume acknowledged that he was prohibited from possessing the firearm and ammunition because he was a convicted felon.

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

Blume 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 the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney Louis E. Valencia is prosecuting the case.

ALBUQUERQUE – Anthony Barela, 56, of Albuquerque, N.M., pleaded guilty today to being a felon in possession of a firearm and ammunition.  Under the terms of his plea agreement, Barela will be sentenced to 15 years in federal prison due to his status as an armed career criminal.

Barela 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.

Barela was arrested in Nov. 2013, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on Nov. 9, 2013, in Bernalillo County, N.M.  According to the criminal complaint, officers of the Albuquerque Police Department apprehended Barela at a home in northwest Albuquerque when they responded to a call reporting a residential burglary.  When the officers arrived at the residence and encountered Barela, he indicated that he had a pistol in his pocket which he admitted taking from the residence.  At the time, Barela was prohibited from possessing firearms or ammunition because he previously had been convicted of armed bank robbery in the U.S. District Court for the District of New Mexico and armed robbery with a deadly weapon in the 2nd Judicial District Court for the State of New Mexico.  

Barela was indicted for unlawfully possessing a firearm and ammunition on Dec. 4, 2013.  During today’s proceedings, Barela admitted that he possessed a pistol and ammunition Nov. 9, 2013, and that he was prohibited from doing so because he was a convicted felon.

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

This case was investigated by the Albuquerque offices of the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney Jack Burkhead is prosecuting the case.

ALBUQUERQUE – Mario Humberto Llantada, 31, of La Puente, Calif., pleaded guilty today in federal court in Las Cruces, N.M., to a four-count indictment charging him with methamphetamine trafficking and money laundering charges.  The guilty plea was entered without the benefit of any plea agreement. 

Mario Llantada and his co-defendant Martin Llantada, 41, also of La Puente, Calif., were indicted on March 19, 2014, and charged with conspiracy to distribute methamphetamine from Los Angeles, Calif., to Doña Ana County, N.M.  The indictment also charged Mario Llantada with money laundering and using a communication facility in furtherance of a drug trafficking crime.  On Aug. 14, 2014, the indictment was superseded to add a fourth count, possession of methamphetamine with intent to distribute, against Mario Llantada.

According to court filings, between March 4, 2014 and March 13, 2014, the defendants conspired to sell four pounds of methamphetamine to an undercover FBI agent in Doña Ana County.  The undercover agent negotiated the purchase of the methamphetamine during a series of telephone calls with Mario Llantada, and paid for the drugs by making several large cash deposits into a bank account as directed by Mario Llantada.  Mario Llantada was arrested on March 21, 2014, after he transported two pounds of methamphetamine to New Mexico.

Today, Mario Llantada pled guilty to all four counts of the superseding indictment.  Mario Llantada has been in federal custody since his arrest and remains detained pending sentencing, which has yet to be scheduled.  At sentencing, he faces a prison sentence of not less than ten years and not more than life imprisonment.

Co-defendant Martin Llantada was arrested on March 28, 2014, and has been in federal custody since that time.  On Sept. 11, 2014, Martin Llantada pled guilty to Count 1 of the indictment charging him with conspiracy to distribute an aggregate of four pounds of methamphetamine in Doña Ana County.  Under the terms of his plea agreement, Martin Llantada will be sentenced to a prison sentence of 121 months and not less than five years supervised release.  He remains detained pending his sentencing hearing, which has not yet been scheduled.

This case was investigated by the Las Cruces office of the FBI and the FBI Riverside RA Gang Impact Team, which is comprised of the FBI, San Bernardino Police Department, San Bernardino Sheriff’s Office and California Highway Patrol.  The case is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.