District of New Mexico

ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent Carol K.O. Lee of the FBI’s Albuquerque Division announced Rio Arriba County Sheriff Thomas R. Rodella and his son, Thomas R. Rodella, Jr., were arrested this morning by the FBI on a federal indictment charging them with civil rights, firearms and falsification of documents charges.

Sheriff Rodella, 52, and Rodella, Jr., 26, both residents of Española, N.M., are charged in a five-count indictment that was filed under seal on Aug. 12, 2014, and unsealed earlier today following their arrests.  The two men made their initial appearances in federal court in Albuquerque, N.M., earlier this morning.

The indictment against Sheriff Rodella and Rodella, Jr., arise out of a March 11, 2014 incident occurring in Rio Arriba County, N.M., during which the two men allegedly engaged in the high-speed pursuit and unreasonable seizure of a victim identified as “M.T.”  Count 1 of the Indictment charges Sheriff Rodella and Rodella, Jr., with participating in a conspiracy to violate the victim’s civil rights by subjecting him to an unreasonable seizure while acting under color of law.  Count 2 charges the two men with subjecting the victim to an unreasonable seizure while acting under color of law.  It further alleges that the offense against the victim involved the use of a dangerous weapon and resulted in bodily injury to the victim.  Count 3 charges Sheriff Rodella with brandishing a firearm during a crime of violence.  Counts 4 and 5 charge Sheriff Rodella and Rodella, Jr., respectively, with making false statements in law enforcement reports regarding the events giving rise to charges in Counts 1 and 2 of the indictment.

According to the indictment, on March 11, 2014, Sheriff Rodella and Rodella, Jr., who were in the Sheriff’s personal vehicle, allegedly 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.  It alleges 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.  Rodella, Jr., allegedly dragged the victim out of his vehicle and identified the victim’s alleged assailant as the Sheriff.  In response to the victim’s request to see his badge, Sheriff Rodella allegedly pulled the victim’s head up by his hair and slammed his badge into the victim’s face. 

The indictment alleges that Sheriff Rodella instructed his deputies to arrest the victim and detain him at the Rio Arriba County Detention Center, and that the Sheriff and Rodella, Jr., falsely represented to the deputies that the victim had attempted to injure the Sheriff.  According to the indictment, on March 12, 2014, the Sheriff and Rodella, Jr., each made false statements in law enforcement reports regarding the events underlying the victim’s arrest.  Sheriff Rodella allegedly falsely wrote that the victim had driven his vehicle at a high rate of speed and tried to run him over.  Rodella, Jr., allegedly falsely wrote that the victim’s vehicle accelerated towards the Sheriff and almost hit the Sheriff.

“A vast majority of law enforcement officers work courageously every day to make our communities safe,” said U.S. Attorney Damon P. Martinez.  “Because those in uniform deserve our respect and support, it is vitally important to prosecute officers who violate their oaths of office and the public trust placed in them.  The Department of Justice is committed to holding law enforcement officers accountable when they violate their sworn duty to uphold the Constitution.”

“As the lead agency for enforcing federal civil rights laws, the FBI wants to make it clear no one is above the law, regardless of what uniform you wear or rank you hold. Those charged with upholding the law must and will be held accountable,” said FBI Special Agent in Charge Carol K.O. Lee.  “Let today’s arrests serve notice to those few out there who would tarnish their badge by violating the public trust:  the FBI will thoroughly investigate each and every allegation, and the U.S. Attorney’s Office will prosecute you to the fullest extent of the law.  I want to thank the FBI Special Agents and support staff for their work during this investigation, as well as the U.S. Attorney’s Office for their assistance in this case.”

If convicted on Counts 1 and 2, the conspiracy and civil rights charges, Sheriff Rodella and Rodella, Jr., each face a statutory maximum penalty of ten years in prison.  Each man each faces a statutory maximum penalty of 20 years if convicted on Counts 4 and 5, the falsification of documents charge.  If convicted on Count 3, the firearms charge, Sheriff Rodella faces a mandatory seven years in prison to be served consecutive to any sentence imposed on the other charges.

This case was investigated by the Albuquerque and Santa Fe offices of the FBI and is being prosecuted by Assistant U.S. Attorney Tara C. Neda.

The charges set forth in the indictment are merely accusations and the defendants are presumed innocent unless proven guilty.

• Rodella Indictment

ALBUQUERQE – Cody Guss, 37, of Portales, N.M., pleaded guilty this morning to an indictment charging him with using a telephone in interstate commerce to commission a murder-for-hire.  Guss entered his guilty plea without the benefit of a plea agreement.

Guss was arrested on March 27, 2014, on a criminal complaint charging him with using a cellular telephone in interstate commerce to commission a murder-for-hire.  He was indicted on that same charge in April 2014.  According to the indictment, on March 26, 2014, Guss used a telephone to negotiate the commission of a murder in exchange for $5,000.00.  The offense was committed in Curry County, N.M.

According to court filings, between Feb. 27, 2014 and March 26, 2014, Curry had telephone communications with an undercover officer of the Amarillo (Texas) Police Department during which he contracted for the officer to murder his wife.  The communications occurred while Guss was in New Mexico and the officer was in Texas.  On March 26, 2014, Guss met with the officer in Clovis, N.M., to finalize plans for the murder.  During the meeting, Guss gave the officer a key to his residence and made arrangements for the officer to enter the residence while his wife was alone in the residence.

During this morning’s proceedings, Guss entered a guilty plea to the indictment.  Guss has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  He faces a statutory maximum penalty of ten years in prison.

This case was investigated by the Roswell office of the FBI with assistance from the Amarillo (Texas) Police Department, and is being prosecuted by Assistant U.S. Attorneys Paul Mysliwiec and Norman Cairns.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division will hold a press conference to announce the filing of a significant federal indictment TODAY, AUG. 15, 2014 AT 11:00 A.M. at the U.S. Attorney’s Office.  No further information will be released until the press conference.

WHO: U.S. Attorney Damon P. Martinez for the District of New Mexico   Special Agent in Charge Carol K.O. Lee, FBI’s Albuquerque Division     WHAT: Press conference to announce the filing of a significant federal indictment.     WHEN: FRIDAY, AUGUST 15, 2014, 11:00 A.M.     WHERE: U.S. Attorney’s Office   10th Floor Multi-Media Room (Reception on 9th Floor)   201 Third Street NW   Albuquerque, NM 87102   OPEN PRESS

NOTE:  All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials.  Media may begin to arrive at 10:30 a.m. Press inquiries regarding logistics should be directed to Jessica Masoner at 505-224-1448 or jessica.s.masoner@usdoj.gov.

ALBUQUERQUE – Kyle S. Swimmer, 21, an enrolled member and resident of Laguna Pueblo, pleaded guilty this morning to a misdemeanor assault charge under a plea agreement with the U.S. Attorney’s Office.

Swimmer was arrested on May 27, 2014, on a criminal complaint charging him with assault by strangulation.  On June 11, 2014, Swimmer was indicted and charged with assaulting his intimate partner by strangulation or suffocating.  According to court filings, Swimmer assaulted his girlfriend, an enrolled member of the Te-Moak Tribe of Western Shoshone Indians, on May 14, 2014, in Laguna, N.M., in Cibola County, N.M., by pushing her against a wall and choking her.

During today’s proceedings, Swimmer pled guilty to an information charging him with assault by striking, beating or wounding the victim on May 14, 2014.  Swimmer admitted to pushing the victim against the wall, placing his hands on her in an unlawful manner and throwing her down on the couch.

At sentencing, Swimmer faces a maximum penalty of 12 months in prison.  His sentencing hearing has not yet been scheduled.

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

ALBUQUERQUE – Steven Manuel White, 37, of Burkburnett, Texas, was sentenced in federal court in Las Cruces, N.M., this morning for violating the Hobbs Act by extorting money from another man by making threats of violence.  White was sentenced to a year and a day in federal prison followed by two years of supervised release.  He also was ordered to pay $2000.00 in restitution to the victim of his criminal conduct.

White and co-defendant Stacy Renee Campbell, 30, of Roswell, N.M., were charged in Aug. 2013, in a criminal complaint alleging that they extorted $2000.00 from the victim by sending text messages threatening to disclose the victim’s affair with Campbell.  As directed by the threatening text messages, the victim wire-transferred $2000.00 from Roswell to the defendants in Wichita Falls, Texas.  White then attempted to extort another $2000.00 from the victim.  When the victim’s wife called White to say that his extortion threats would not work because she knew of the affair, White allegedly threatened to kill her and the victim.  White and Campbell subsequently were arrested in the Northern District of Texas (Lubbock) and transferred to the District of New Mexico to face the charges in this case.

White pleaded guilty on Feb. 11, 2014, to violating the Hobbs Act by extorting money by making threats of violence.  In entering his guilty plea, White admitted extorting $2000.00 from the victim in exchange for not disclosing the victim’s affair with Campbell. White acknowledged sending his demands and directions on how to facilitate the payment using text messaging and that the victim was traveling in interstate commerce from Lubbock to Roswell during this time.

Campbell entered a guilty plea on Feb. 11, 2014, to being an accessory after the fact.  In her plea agreement, Campbell admitted making false statements to a detective of the Roswell Police Department.  Specifically, Campbell admitted lying to the detective in order to prevent him from learning White’s identify in order to assist White in avoiding arrest and prosecution for his extortion of the victim.

At sentencing, Campbell faces a statutory maximum penalty of ten years in prison.  Her sentencing hearing has yet to be scheduled. 

This case was investigated by the Roswell office of the FBI and the Roswell 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 – Robert Romero, 24, of Santa Fe, N.M., was sentenced today to 120 months in federal prison followed by four years of supervised release for his role in a cocaine base trafficking conspiracy.  Romero previously had entered a guilty plea on May 13, 2014, to two drug trafficking charges and a firearms charge.

Romero was one of five men who were indicted in April 2013, on federal narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA led investigation into an organization that allegedly manufactured and distributed cocaine base, more commonly known as “crack” or “crack cocaine,” in Bernalillo and Santa Fe Counties, N.M.

The five-count indictment charged Romero and Michael Jaramillo, 24, also of Santa Fe, and Albuquerque residents, Gabriel Mirabal, 33, Sam Eylicio, Jr., 37, and Dominic Anaya, 33, with conspiracy to distribute crack cocaine in Bernalillo and Santa Fe Counties between May 2012 and April 2013.  Romero was charged with possession of crack cocaine with intent to distribute in Santa Fe in July 2012, and with using and carrying a firearm in furtherance of a drug trafficking crime.  Jaramillo also was charged with distributing crack cocaine in Santa Fe in March 2012.  Mirabal was charged with possessing cocaine with intent to distribute in Albuquerque in Feb. 2013.

Jaramillo entered a guilty plea on March 21, 2014, to the conspiracy count and admitted purchasing crack cocaine from two of his co-defendants and then reselling it to others.  On July 30, 2014, Jaramillo was sentenced today to 78 months in federal prison followed by four years of supervised release.

Eylicio pled guilty on June 23, 2014, to participating in a cocaine base trafficking conspiracy.  Under the terms of his plea agreement, Eylicio will be sentenced to 125 months in federal prison followed by four years of supervised release.  Eylicio remains in federal custody pending his sentencing hearing which is scheduled for Sept. 22, 2014.

Anaya entered a guilty plea to conspiracy to distribute crack cocaine on Aug. 5, 2014, and faces a prison term of not less than five years and not more than 40 years when he is sentenced.  Anaya remains in custody pending his sentencing hearing which is scheduled for Nov. 3, 2014.

Mirabal has entered a not guilty plea to the indictment.  If convicted, Mirabal faces a maximum penalty of not less than five years or more than 40 years in prison.  He remains in custody pending trial.  An indictment is merely an accusation, and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, with assistance from the 1st Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei. 

The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and the Santa Fe County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program.  HIDTA is a program of the White House Office of National Drug Control Policy that provides assistance to federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States. 

The investigation leading to the indictment, has been designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice initiative 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 – Earl Thomas Romo, 27, of Las Vegas, N.M., made his initial appearance in federal court this morning on an indictment charging him with being a felon in possession.  The federal prosecution against Romo was announced by U.S. Attorney Damon P. Martinez, 4th Judicial District Attorney Richard Flores, and 8th Judicial District Attorney Donald Gallegos announced

The federal indictment, which was filed on July 10, 2014, alleges that Romo violated the federal firearms laws by unlawfully possessing a firearm and ammunition in San Miguel County, N.M., on Aug. 19, 2013.  At the time, Romo was prohibited from possessing firearms or ammunition because he previously had been convicted of first degree murder in the 8th Judicial District Court for the State of New Mexico (Taos County).

According to court filings, Romo was arrested on state charges by officers of the Las Vegas Police Department on Aug. 19, 2013.  At the time, Romo was under the supervision of probation officers of the Probation and Parole Division of the New Mexico Corrections Department following his release from custody on his prior conviction.  As a condition of his probation, Romo was required to permit the probation officers to search him, his vehicle, his residence and his property if the officers believed that such searches would reveal evidence that Romo was in violation of the conditions of his probation.  

Court filings allege that on Aug. 19, 2013, state probation officers conducted searches of Romo’s vehicle and residence after obtaining information that Romo had violated the conditions of his probation.  The probation officers allegedly found ammunition in Romo’s vehicle and a firearm and 8.65 grams of cocaine in a safe they allegedly seized from Romo’s residence.  Romo subsequently was charged with state firearms and drug charges by the 4th Judicial District Attorney’s Office.  The state charges were subsequently dismissed in favor of federal prosecution, and Romo remained in state custody based on a probation violation until he was transferred to federal custody based on the federal indictment.

If convicted, Romo faces a statutory maximum penalty of ten years in prison.  Charges in indictments are merely accusations and criminal defendants are presumed innocent unless convicted in a court of law.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Las Vegas Police Department and the Las Vegas Office of the Probation and Patrol Division of the New Mexico Corrections Department, with assistance from the 4th and 8th Judicial District Attorneys’ Offices.  Assistant U.S. Attorney Louis E. Valencia is prosecuting the case.

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

ALBUQUERQUE – Michael Ray Looney, 39, a non-Indian man who resides in the Pueblo of Laguna, N.M., was sentenced this morning to 15 years in federal prison for his child sexual abuse conviction.  Looney will be on supervised release for 20 years after completing his prison sentence.  He also will be required to register as a sex offender. 

The sentence was announced by U.S. Attorney Damon P. Martinez, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Acting Chief Brian Carr of the Pueblo of Laguna Tribal Police Department.

Looney, who is originally from Portales, N.M., was arrested on June 28, 2013, on a criminal complaint alleging that he forced an Indian child between the age of 12 and 16 years to engage in sexual acts.  According to the complaint, Looney committed these criminal acts within the Pueblo of Laguna in Cibola County, N.M.

On March 26, 2014, Looney entered a guilty plea to a felony information charging him with sexual abuse of a minor.  In his plea agreement, Looney admitted to engaging in sexual acts with the child victim from March 2013 to June 2013.  Looney also admitted knowing that the child victim was under 16 years of age when he violated the child.

Looney 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 Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department, and was prosecuted by Special Assistant U.S. Attorney David Adams.

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 – Yesterday a federal judge has entered an order finding Steven Michael Allumbaugh, 63, of Carlsbad, N.M., guilty on theft of government money and property charges following a bench trial in Dec. 2013.  The charges underlying the guilty verdict arose out of Allumbaugh’s illegal conduct in intentionally concealing his father’s death from the Social Security Administration and misusing his father’s Social Security benefits for his personal use for almost a year.

In announcing the verdict, U.S. Attorney Damon P. Martinez said, “The Social Security Administration relies on the honesty and good faith of Social Security recipients and their families to report information that impacts continuing entitlement.  The guilty verdict in this case should assure the public that the U.S. Attorney’s Office is committed to protecting the integrity of federal entitlement programs.”

“Concealing a family member’s death to collect the deceased’s Social Security benefits for personal use is an intolerable offense,” said Ron Jesz, Assistant Special Agent-in-Charge of the Social Security Administration (SSA) Office of the Inspector General (OIG) Dallas Field Division. “Our office is committed to pursuing all forms of fraud, waste and abuse involving Social Security's programs, especially cases of deceased payee fraud.” 

Allumbaugh was arrested in Aug. 2013, on a criminal complaint charging him with theft of government funds.  He subsequently was indicted and charged with fraudulently obtaining Social Security payments.  In Dec. 2013, Allumbaugh waived his right to a jury trial and agreed to proceed to trial before a federal judge on a two-count felony information charging him with theft of government money and property.  The information charged Allumbaugh with stealing an aggregate of $19,537.20 in money belonging to the Social Security Administration between Jan. 3, 2012 and Dec. 3, 2012, while knowing that he was not entitled to that money.

The order finding Allumbaugh guilty found that the trial evidence established that Allumbaugh’s father was receiving Social Security retirement benefits in the monthly amount of $1400.00 when he died on Jan. 4, 2012.  Allumbaugh concealed his father’s death and did not report it to the Social Security Administration.  Because it was unaware of the father’s death, the Social Security Administration continued to pay the father’s monthly benefits through Jan. 2013 via direct deposit into his bank account.  From Jan. 2012 through Dec. 2012, Allumbaugh’s mother drew 17 checks on the bank account and made them payable to Allumbaugh, and he accepted and cashed each of the checks.  In addition, Allumbaugh withdrew money from the bank account at automatic teller machines.

The trial evidence included the testimony of a Special Agent with the Social Security Administration’s Office of Inspector General who interviewed Allumbaugh in April 2013.  The Special Agent testified that during the interview, Allumbaugh admitted using his father’s Social Security benefits after his father died and apologized for doing so.  The Agent also testified about a written statement prepared by Allumbaugh in which he admitted knowing that he was not entitled to his father’s Social Security benefits, that he continued to receive and use his father’s benefits after his father’s death, and that he failed to inform the Social Security Administration that his father had died because the “death was covered up.”

Allumbaugh has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  Allumbaugh faces a statutory maximum sentence of ten years in prison when he is sentenced.

This case was investigated by the Dallas Field Office of the Office of Investigations of the Social Security Administration’s Office of Inspector General with assistance from the Roswell office of the FBI, and the Carlsbad Police Department.  Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Juan Carlos Hernandez, 44, of El Paso, Texas, pled guilty in federal court in Las Cruces, N.M., this morning to a felony information charging him with the online enticement of a minor to engage in illicit sexual activity.  Under the terms of his plea agreement, Hernandez will be sentenced to ten years in federal prison to be followed by a term of supervised release to be determined by the court.  Hernandez also will be required to register as a sex offender.

The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Doña Ana County Sheriff Todd Garrison, and Las Cruces Police Chief Jaime Montoya.

Hernandez was arrested on Feb. 28, 2014, by HSI on a criminal complaint alleging that he engaged in the online solicitation of a child under the age of 16 years between Sept. 2012 and June 2013.  The criminal complaint also charged Hernandez with traveling from El Paso to Anthony, N.M., in June 2013, with the intention of having illicit sexual contact with a child under the age of 16 years.

According to court filings, Hernandez met the child victim on an Internet social networking website in Sept. 2012, and the two began communicating regularly by text messaging on cellphones in May 2013.  Hernandez was arrested on state charges in the early hours of June 22, 2013, after deputies of the Doña Ana County Sheriff’s Office found him with the child victim at a park in Anthony, N.M. 

In July 2013, HSI obtained federal search warrants for the cellphones seized from Hernandez and the child victim.  Information obtained through the search warrants revealed that Hernandez engaged in sexually explicit communication with the child victim.  It also revealed that Hernandez was aware that the child victim was under the age of 16 years and that prior to meeting the child victim, Hernandez told her that he was 17, 18 and 22 years old at various times.

In his plea agreement, Hernandez admitted intentionally enticing underage females online to engage in illegal sexual activity with him between Sept. 1, 2012 and June 22, 2013, by using a social account which he accessed with his cellphone and computer.  Hernandez admitted telling minor females that he was 18-years-old.  Hernandez specifically admitted engaging in multiple sexually explicit conversations with a 13-year-old girl. 

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

The case also was brought as 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 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.

ALBUQUERQUE – Tommy Acevedo, 37, of Raton, N.M., pled guilty this morning to being a felon in possession of a firearm and ammunition.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, 8th Judicial District Attorney Donald Gallegos, Acting Special Agent in Charge Mark Murray of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Police Chief John Garcia of the Raton Police Department.

Acevedo was arrested on Dec. 17, 2013, on a federal indictment charging him with violating the federal firearms laws by unlawfully possessing a firearm and ammunition and unlawfully possessing an unregistered short-barreled shotgun in Colfax County, N.M., on June 19, 2013.  At the time, Acevedo was prohibited from possessing firearms or ammunition because he previously had been convicted of two counts of forgery in the 8th Judicial District Court for the State of New Mexico and robbery in the 5th Judicial District Court for the State of New Mexico.

In entering his guilty plea, Acevedo admitted possessing a 20 gauge sawed-off shotgun without a serial number and eight rounds of ammunition on June 29, 2013, in Raton, N.M.  Acevedo also admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

Acevedo has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled.  He faces a statutory maximum penalty of ten years in prison.  Related state charges were dismissed in favor of federal prosecution.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Raton Police Department, with assistance from the 8th Judicial District Attorney’s Office.  Assistant U.S. Attorney Louis E. Valencia is prosecuting the case.

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

ALBUQUERQUE – Gabriel Anthony Saiz, 21, of Silver City, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 60 months in federal prison followed by two years of supervised release for the unlawful possession of an unregistered short-barreled rifle with an obliterated serial number.  The sentence was announced by U.S. Attorney Damon P. Martinez, 6th Judicial District Attorney Francesca Martinez-Estevez, Acting Special Agent in Charge Mark Murray of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Ed Reynolds of the Silver City Police Department.

U.S. Attorney Damon P. Martinez said that Saiz and his co-defendant were 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.

“I would like to commend the Silver City Police Department for their excellent work in protecting the community from these violent offenders,” said 6th Judicial District Attorney Francesca Martinez-Estevez.

Saiz and his co-defendant Javier J. Reyes, 20, of the Village of Santa Clara in Grant County, N.M., were charged with possession of an unregistered firearm in a criminal complaint filed on March 1, 2013.  The two subsequently were indicted and charged with possession of an unregistered short-barreled rifle, and possession of a firearm with an obliterated serial number.  According to the indictment, Saiz and Reyes possessed a firearm made from a Mossberg .22 caliber rifle with a barrel length of less than 16 inches and an obliterated serial number on Nov. 27, 2012, in Grant County, N.M.

Court filings reflect that Saiz and Reyes were arrested on local charges by the Silver City Police Department on Nov. 27, 2012, in Silver City after they robbed a woman at gunpoint at approximately 7:30 p.m. that day and allegedly assaulted four individuals by brandishing a firearm at them approximately an hour later.  The officers were able to apprehend Saiz and Reyes at approximately 9:00 p.m. that night because the victim of the armed robbery provided the license plate number for the vehicle in which Saiz and Reyes were driving.  When the officers arrested the men on state charges, they observed a firearm on the floor board under the front passenger seat.  The state charges against the defendants subsequently were dismissed in favor of federal prosecution.

Saiz pled guilty in Sept. 2013 to both counts of the indictment.

Co-defendant Reyes was released pending trial following his arrest.  While on release, Reyes was arrested on Oct. 25, 2013, for receiving a firearm while under indictment.  On Dec. 6, 2013, Reyes pled guilty to the indictment.  He was sentenced to 48 months in federal prison followed by three years of supervised release on June 25, 2014.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Silver City Police Department, with assistance from the 6th Judicial District Attorney’s Office.  It was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Melchor Arroyos, 53, of El Paso, Texas, was sentenced this morning in federal court in Las Cruces, N.M., to 120 months in federal prison followed by five years 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 Acting Special Agent in Charge Mark Murray of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Arroyos, co-defendant Ernest Joe Marquez, 45, of Las Cruces, and nine others were arrested in May 2012, and charged with participating in a methamphetamine trafficking conspiracy 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.  Arroyos and Marquez were found guilty by a federal jury on July 31, 2013, after a three-day trial.

The trial evidence established that in March 2012, the DEA received court authorization to conduct a wiretap investigation and listen to communications occurring over Marquez’s telephone.  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.  The investigation revealed that in April 2012, Marquez sent two women to Arizona to pick up a pound of methamphetamine.  After taking possession of the methamphetamine, Marquez sold the methamphetamine to local drug dealers. 

In May 2012, Marquez arranged 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 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.

Marquez has been in federal custody since his arrest in May 2012 and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Marquez faces a minimum of ten years to a maximum of life imprisonment.

This case was investigated by the Las Cruces offices of the DEA and ATF, with assistance from the U.S. Border Patrol, Hatch Police Department, the 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 – Juan C. Rodriguez, 36, of Las Cruces, N.M., pled guilty yesterday afternoon in Las Cruces federal court to possession of matter containing visual depictions of minors engaged in sexually explicit conduct.  Under the terms of his plea agreement, Rodriguez will be sentenced to 37 months in federal prison to be followed by a term of supervised release to be determined by the court.  Rodriguez also will be required to register as a sex offender.

Rodriguez was arrested on April 23, 2014, by the FBI on an indictment charging him with one count of possession of child pornography.  The indictment alleged that Rodriguez possessed child pornography in Doña Ana County, N.M., between June 2013 and Aug. 2013. 

During yesterday’s hearing, Rodriguez pled guilty to the indictment and admitted that between June 6, 2013 and Aug. 22, 2013, he used a computer and computer-related media to download child pornography using a peer to peer network.   In his plea agreement, Rodriguez acknowledged that law enforcement officers executed a search warrant at his residence on Aug. 22, 2013, and seized his computer and computer-related media.  He further acknowledged that a forensic examination of those items uncovered approximately 30 still images and five videos consistent with child pornography. 

Rodriguez was remanded into custody after entering his guilty plea.  He remains detained pending his sentencing hearing, which has yet to be scheduled.
           
This case was investigated by the Las Cruces office of FBI and the Regional Computer Forensics Laboratory with assistance from the Denver office of the FBI.  The case is being prosecuted by Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The case also was brought as 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 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.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced that the U.S. Attorney’s Office and the Albuquerque office of Homeland Security Investigations (HSI) are sponsoring a free school safety and preparedness training conference in Española, N.M.

The training, “Emerging Issues in School Safety,” will be presented by the Educator’s School Safety Network at the Northern New Mexico College, 921 Paseo De Oñate, in Española, from 1:00 p.m. to 5:00 p.m. on Tuesday, Aug. 12, 2014.  The target audience for the training include school administrators, security personnel, teachers, and other government and law enforcement officials with an interest in improving school security and preparedness and reducing firearm violence.  Topics to be covered include lockdown enhancements, threat assessment management, student technology use in a crisis, and parent reunification planning.

“In the wake of past tragedies, we need to take all possible steps to ensure that our kids are safe when they go to school,” said U.S. Attorney Damon P. Martinez.  “This training is part of the Justice Department's efforts to work with communities in New Mexico to protect our young people.”

The training is free.  Individuals who would like to participate may register for the training by contacting Law Enforcement and Community Outreach Specialist Alyssa Skrepcinski at Alyssa.skrepcinski@usdoj.gov.

The Educator’s School Safety Network is comprised of consultants with backgrounds and expertise in the areas of education, emergency response, law, technology and criminal justice.  Information about the Network is available at http://www.eschoolsafety.org/.

ALBUQUERQUE – Ricardo Lamagna, 21, a member and resident of Sandia Pueblo, made his initial appearance in federal court this morning on a criminal complaint charging him with assaulting a tribal police officer with a deadly weapon.  Lamagna remains in custody pending a detention hearing scheduled for Aug. 11, 2014.
                                                   
The criminal complaint alleges that Lamagna assaulted an officer of the Pueblo of Sandia Tribal Police Department in the early hours of Aug. 5, 2014, by firing a gun in the vicinity of the tribal officer in the Pueblo of Sandia.  According to the complaint, the alleged assault occurred after the tribal officer responded to a domestic violence call from Lamagna’s residence.  The tribal officer was not injured.

If convicted on the offense charged in the criminal complaint, Lamagna faces up to 18 months in prison.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Albuquerque office of the FBI with assistance from the Pueblo of Sandia Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney David Adams.

ALBUQUERQUE – Garlan R. Plumlee, 62, of Carlsbad, N.M., entered a guilty plea this afternoon in Las Cruces federal court to distribution of a controlled substance analogue and money laundering.  Under the terms of his plea agreement, Plumlee will be sentenced to two years of probation. 

Plumlee and his co-defendants, Phillip Larez, 33, and Justin E. Thompson, 33, also of Carlsbad, were indicted in Dec. 2012, and charged with conspiracy to distribute a controlled substance analogue, distribution of a controlled substance analogue, and possession of a controlled substance analogue with intent to distribute.  The indictment also charged Plumlee with money laundering offenses.  The indictment was superseded in March 2014, to add an additional possession with intent to distribute charge against the three defendants.

The superseding indictment alleged that from March 2011 through June 2012, the defendants conspired to distribute controlled substance analogues in Eddy County, N.M.  It also alleges that they distributed controlled substance analogues on Feb. 2, 2012 and June 27, 2012, and that they possessed controlled substance analogues with intent to distribute on June 28, 2012.  Plumlee also was charged with laundering the proceeds of this unlawful drug trafficking.

The controlled substance analogues charged in the superseding indictment are commonly referred to as synthetic marijuana or “spice.”  According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids.  Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana.  These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana.  These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process.  Synthetic cannabinoids often are labeled as incense to mask their intended purpose.

The three men used “The Looking Glass,” a head shop owned by Plumlee and located on Canal Street in Carlsbad to sell “spice,” under the names “Scooby Snax,” “Diablo,” and “Knockout.”  Officers seized approximately 4,779 packages of “spice” with 38 different names from “The Looking Glass” on June 28, 2012, when they executed a search warrant at the business.  Plumlee withdrew $147,000 out of his business and personal bank accounts the day after the search warrant was executed.

Today Plumlee entered guilty pleas to conspiracy to distribute “spice” and money laundering.  In his plea agreement, Plumlee admitted being the owner of “The Looking Glass” from March 2011 through June 2012, and selling controlled substances which were labeled as “incense.”  He also admitted withdrawing $147,000, which included proceeds from the sale of “spice,” from his personal and business bank accounts on June 28, 2012, to prevent law enforcement from seizing the money.

Co-defendant Thompson pled guilty on April 4, 2014, to conspiracy to distribute “spice” under a plea agreement that requires a sentence of two years of probation.  Thompson admitted being the manager of “The Looking Glass,” and selling “incense” at “The Looking Glass” while knowing that the “incense” was “spice.”

On Aug. 5, 2014, co-defendant Larez pled guilty to distributing “spice” under a plea agreement that specifies a sentence of one year of probation.  Larez admitted that on June 27, 2014, while working at “The Looking Glass,” he sold some “incense” to an undercover officer, and that the “incense” contained a detectable amount of an analogue known as “spice.”

The case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force, and is being prosecuted by Assistant U.S. Attorneys Renee L. Camacho and E. Garreth Winstead of the U.S. Attorney’s Las Cruces Branch Office.

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

ALBUQUERQUE – A 15-month investigation by the FBI and the New Mexico HIDTA Regional Interagency Drug Task Force (Metro Narcotics Task Force) targeting repeat offenders in Doña Ana County, N.M., concluded yesterday with a major law enforcement operation, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division and Commander Bobby Holden of the Metro Narcotics Task Force.

The investigation, which began in May 2013, initially targeted methamphetamine manufacturers and traffickers operating out of Doña Ana County, but expanded to include individuals trafficking in other drugs and using firearms to facilitate their drug trafficking crimes.  The investigation identified sources of drug supply in Los Angeles, Calif., Tucson, Ariz., and El Paso, Texas, who were supplying drug traffickers in southern New Mexico with high-grade methamphetamine, and led to the filing of criminal charges against 75 individuals, including 42 federal defendants and 33 state defendants.  Law enforcement officers seized more than 29 pounds of methamphetamine, 37 pounds of cocaine, 4.5 ounces of heroin, 30 pounds of marijuana, 74 firearms and 17 vehicles during the course of the investigation.

U.S. Attorney Damon P. Martinez commended the FBI and Metro Narcotics Task Force on the outstanding results of their investigation and said, “The charges filed and drugs seized as a result of this investigation illustrate the success of our District’s federal, state and local law enforcement collaboration in rooting out drug traffickers whether they operate in large communities or in rural counties.”

“A case like this is only possible through the collaborative efforts of all of us in law enforcement,” said FBI Special Agent Carol K.O. Lee.  “We are proud to have been able to work with the outstanding officers of the Metro Narcotics Task Force, the Las Cruces Police Department, the Dona Ana County Sheriff's Office, the New Mexico State Police and the U.S. Attorney's Office to have such a positive and significant impact on the communities in southern New Mexico.”

“This operation was a great example of collaboration between several agencies to improve the quality of life for the citizens of Doña Ana County,” said Commander Bobby Holden of the Metro Narcotics Task Force.

The following federal defendants were either arrested yesterday or had federal detainers filed against them:

• Anthony Calderon, 40, and Orlando Roman, 34, both of Las Cruces, are charged with distributing heroin and methamphetamine in April 2014.

• Salvador Ortega, 33, and Steven Roman, 26, both of Las Cruces, are charged with distributing methamphetamine in April 2014.

• Robert J. Lambe, 36, of Las Cruces, is charged with distribution of methamphetamine in June 2014, using a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm.

• Jesse Antillion, 27, of Las Cruces, is charged with being a felon in possession of a firearm in Nov. 2013.

• Josh Alamagor, 32, and David Enriquez, 26, both of Las Cruces, are charged with distributing methamphetamine in May 2014. 

The following defendants were arrested on federal charges during the investigation:

• Javier Orozco, 30, and Victor Manuel Carreon, 23, both of Anthony, N.M., were charged with illegally possessing firearms in June 2013, in Doña Ana County.  Both entered guilty pleas.  In May 2014, Carreon was sentenced to 46 months in prison followed by three years of supervised release.  Orozco is scheduled to be sentenced on Sept. 24, 2014.

• John Wade Crist, 57, of Las Cruces, was charged with distribution of methamphetamine in June 2013 and with being a felon in possession of a firearm.  Crist pled guilty in May 2014 under a plea agreement that requires the imposition of a 144 month prison sentence.

• Matthew Pena, 29, Rebecca Torres, 40, Anthony Perez, 40, and Robert Snow, 45, all of Deming, N.M., were charged with distribution of methamphetamine in June 2013.  Torres pled guilty in April 2014, and Pena pled guilty in May 2014.  Both are in custody pending sentencing hearings, which have not been scheduled.  Perez has pleaded not guilty and is in custody pending trial.  The charges against Snow were dismissed following his death.

• Jennifer Sanders, 42, Jose Niño, 40, and Aubrey Savage, 34, all of Las Cruces, and Matthew Maley, 47 and Candice Marie Carpenter, 35, of Tucson, Ariz., are charged with conspiring to distribute methamphetamine from June 2013 through Aug. 2013 and in Dec. 2014.  Niño and Maley also are charged with being felons in possession of firearms. Sanders, Savage and Niño entered guilty pleas in July 2014, and are detained pending sentencing.  Sanders and Niño each face a mandatory minimum of ten years in prison and a maximum of life in prison, while Savage faces a mandatory minimum of five years to a maximum of 40 years in prison.  Maley and Carpenter have entered not guilty pleas and are in custody pending trial.

• Mario Humberto Llantada, 51, and Martin Llantada, 41, both of La Puente, Calif., are charged with conspiracy to distribute methamphetamine in March 2014.  Mario Humberto Llantada also is charged with money laundering and using a communications device to facilitate a drug trafficking crime.  Both have entered not guilty pleas and are in custody pending trial.

• Miguel Angel Tinajero-Martinez, 24, a Mexican national illegally in the United States, was charged with conspiracy to distribute methamphetamine in Jan. 2014 and Feb. 2014, and possession of cocaine with intent to distribute in Feb. 2014.  He entered a guilty plea in July 2014 and is in custody pending his sentencing hearing.  Tinajero-Martinez faces a mandatory minimum of ten years in prison and a maximum of life in prison, and will be deported after completing his prison sentence.

• Justin E. Clark, 21, of Doña Ana County, is charged with distribution of cocaine in April 2014, possession of a machine gun, and being a felon in possession of a firearm.  Clark has pleaded not guilty and is in custody pending trial.

• Eddie Velarde-Carmona, 33, of El Paso, Texas, and Fernando Garcia, 29, of Anthony, N.M., are charged with conspiracy to distribute methamphetamine in April and May 2014.  Both have entered not guilty pleas and are detained pending trial.

• Jesus Francisco Nino, 36, of Las Cruces, is charged with possession of methamphetamine with intent to distribute in March 2014, using a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm.  Nino has pleaded not guilty and is detained pending trial.

• Eddie Gallardo, 31, of Las Cruces, is charged with possession of methamphetamine with intent to distribute in April and May 2014 and with being a felon in possession of a firearm.  Gallardo has pleaded not guilty and is detained pending trial.

•  Aaron Alexander Nowak, 25, of El Paso, Texas, is charged with possession of methamphetamine with intent to distribute in May 2014.  Nowak has pleaded not guilty and is detained pending trial.

• Renelle Serna, 23, of Las Cruces, N.M., is charged with distributing methamphetamine in May 2014.  Serna has pleaded not guilty and is detained pending trial.

• Eric G. Acosta, 27, and Christopher J. Cleveland, 34, both of Las Cruces, are charged with possession of methamphetamine with intent to distribute in June 2014, using a firearm in furtherance of a drug trafficking crime, and being felons in possession of firearms.  Both have pleaded not guilty and are detained pending trial.

• Manuel Alfred Gamboa, 42, of Las Cruces, is charged with distribution of heroin and using a communication device to facilitate a drug trafficking crime.  He has pleaded not guilty and is detained pending trial.

• Derek Cruz Rubalcava, 24, and Mark Jesse Rodriguez, 24, both of Las Cruces, are charged with conspiracy to distribute methamphetamine and distribution of methamphetamine in July 2014.  Both have pleaded not guilty.  Rodriguez is detained and Rubalcava is released on bond pending trial.

• Patricia Castro, 41, of Las Cruces, is charged with possession of methamphetamine with intent to distribute in July 2014.  She has pleaded not guilty and is detained pending trial.

Two defendants arrested as a result of this investigation, Victor Edmundo Cano, Sr., 49, and Jaime Cano, Sr., 48, of Canutillo, Texas, are charged with cocaine trafficking offenses and using firearms in furtherance of drug trafficking crimes in the U.S. District Court for the Western District of Texas.  Both have entered not guilty pleas and are detained pending trial.

Four federal defendants have yet to be arrested and are considered fugitives.

The investigation leading to the aforementioned arrests, drug seizures and cases was conducted by the FBI’s Las Cruces Southwest Border/Safe Streets Task Force and the New Mexico HIDTA Regional Interagency Drug Task Force.  Agents and officers from the FBI, Metro Narcotics Task Force, Doña Ana County Sheriff’s Office, Las Cruces Police Department, U.S. Marshals Service, U.S. Border Patrol and DEA assisted in today’s law enforcement operation. 

The federal cases filed in the U.S. District Court for the District of New Mexico are being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.  Assistant U.S. Attorney Krystal Wade of the U.S. Attorney’s Office for the Western District of Texas is prosecuting the federal case filed in the Western District of Texas.  Assistant District Attorneys of the 3rd Judicial District Attorney’s Office are prosecuting the state cases.
   
The New Mexico HIDTA Regional Interagency Drug Task Force is comprised of officers from the Doña Ana County, Las Cruces Police Department, New Mexico State Police and the FBI.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

Charges in criminal complaints and indictments are merely accusations.  Criminal defendants are presumed innocent unless found guilty in a court of law.

ALBUQUERQUE – Jim Walter Qualls, Jr., 27, of Roswell, N.M., appeared in federal court in Las Cruces, N.M., this morning on a criminal complaint charging him production and distribution of visual depictions of minors engaged in sexually explicit conduct.  Qualls entered a not guilty plea to the criminal complaint and remains in custody pending a detention hearing scheduled on Aug. 13, 2014.

According to court filings, a Homeland Security Investigations (HSI) investigation revealed that the administrator for a website banned a specific account from the website for allegedly posting sexually explicit images of a minor female approximately three to five years in age.  Investigation revealed that the account was connected to an IP Address subscribed to Qualls at a Roswell residence.

On July 31, 2014, law enforcement officers from HSI, the Roswell Police Department and the Chaves County Sheriff’s Office executed a federal search warrant at Qualls’ residence and seized cellphones, computers, computer-related media, a camera and other items.  Qualls was arrested after he was interviewed by law enforcement officers.

If convicted of the charges in the criminal complaint, Qualls faces a federal prison term of not less than 15 years and not more than 30 years.  Qualls 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 Las Cruces office HSI, the Roswell Police Department and the Chaves County Sheriff’s Office with assistance from the Artesia Police Department. 

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

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 74 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – A federal jury returned a verdict earlier today finding Miguel Bustamante-Conchas, 39, a Mexican national with legal permanent resident status in the United States, guilty on heroin trafficking charges after a six-day trial, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division. 

Bustamante-Conchas was one of seven men arrested in June 2013 on federal narcotics trafficking charges as a result of a 15-month multi-agency investigation targeting heroin traffickers operating out of Albuquerque’s Northeast Heights, an area that has experienced a growing, wide-spread heroin abuse problem among teens and young adults in recent years.  More than 25 pounds of heroin were seized during the course of the investigation. 

Two indictments were filed as a result of the investigation.  Bustamante-Conchas and four other men were charged in one indictment while two others were charged in a second indictment.  The other six defendants entered guilty pleas to heroin trafficking charges while Bustamante-Conchas elected to proceed to trial.

Trial against Bustamante-Conchas began on July 30, 2014, on a three-count superseding indictment charging him with conspiracy to distribute large quantities of heroin in Bernalillo County, N.M., from Oct. 2012 to June 2013; aiding and abetting the possession of heroin with intent to distribute; and aiding and abetting the use of a firearm in relation to a drug trafficking crime.  On Aug. 4, 2014, the court dismissed the firearms charge at the conclusion of the United States’ case and submitted the two heroin trafficking charges to the jury yesterday afternoon.  The jury returned a verdict of guilty on both heroin trafficking charges late this morning.

The evidence at trial established that Bustamante-Conchas played a leadership role in a major heroin trafficking organization by managing the acquisition, storage and distribution of kilograms of heroin and overseeing the collection of cash proceeds from the sale of heroin.  Evidence of Bustamante-Conchas role in the drug trafficking organization was secured from wiretaps on telephones used by his subordinates, evidence seized during a law enforcement operation on June 14, 2013, and evidence seized on June 19, 2013.  Evidence obtained on June 14, 2013, included three pounds of heroin, drug ledgers, numerous cellphones and narcotics paraphernalia, which were seized at the residences maintained as stash houses by Bustamante-Conchas and his co-conspirators.  An additional 22 pounds of heroin were seized on June 19, 2013 from another of the organization’s stash houses.

Bustamante-Conchas was remanded into federal custody after the jury delivered its verdict and will remain detained pending his sentencing hearing, which has yet to be scheduled.   At sentencing, Bustamante-Conchas faces a prison term of not less than ten years and not more than life followed by a term of supervised release to be determined by the court.

Three of Bustamante-Conchas’ four co-defendants have resolved the charges against them by pleading guilty to participating in a heroin trafficking conspiracy.  Angel Miramontes-Cruz, 22, pled guilty on May 29, 2014, and is scheduled for sentencing on Aug. 28, 2014.  Under the terms of his plea agreement, he faces a prison sentence within the range of 27 to 33 months.  Baltazar Granados, 37, pled guilty on June 17, 2014, and is scheduled for sentencing on Sept. 18, 2014.  Under the terms of his plea agreement, he faces a prison sentence within the range of 70 to 84 months.  Ramon Cabrales-Guerra, 23, pled guilty on June 23, 2014, and is scheduled for sentencing on Sept. 25, 2014.  He faces a statutory maximum penalty of 20 years in prison.  Miramontes-Cruz, Granados and Cabrales-Guerra are Mexican nationals illegally present in the United States and will be deported after completing their prison sentences. 

The fourth co-defendant, Ruben Garcia Miranda, 48, an Albuquerque resident, pled guilty on June 12, 2014, to using a communications device to facilitate a drug trafficking crime.  He is scheduled for sentencing on Sept. 11, 2014, and faces a statutory maximum penalty of four years in prison followed by a term of supervised release to be determined by the Court.

Joel Nunez-Haros, 42, and Pablo Arturo Felix-Sicairos, 20, also were arrested in June 2013, and charged in a separate indictment with possession of heroin with intent to distribute.  Both men pled guilty to the indictment in late June 2014 and are scheduled for sentencing on Sept. 25, 2014.  Nunez-Haros faces a statutory maximum penalty of 20 years in prison and Felix-Sicairos faces a prison sentence within the range of 37 to 46 months.  Both men are Mexican nationals illegally present in the United States and will be deported after completing their prison sentences. 

These cases were investigated by the Albuquerque office of the DEA, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office and are being prosecuted by Assistant U.S. Attorneys Sean J. Sullivan and Nicholas J. Ganjei.

The investigation resulting in these cases, which was code-named “Balloon Fiesta” in reference to the multi-colored balloons that heroin often is packaged in for retail distribution, 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 – Elias Atencio, 37, of Albuquerque, N.M., pleaded guilty this morning to federal firearms charges under a plea agreement that requires the imposition of a 22 year prison sentence.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, 1st Judicial District Attorney Angela R. “Spence” Pacheco, and Acting Special Agent in Charge Mark Murray of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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

“Firearms in the hands of convicted felons are a serious threat to public safety,” said 1st Judicial District Attorney Angela R. “Spence” Pacheco.  “The District Attorneys’ partnership with the U.S. Attorney’s Office is integral to reducing violence throughout New Mexico by removing armed felons from our communities.”

Acting Special Agent in Charge Mark Murray stated, “The reduction of firearms violence is a priority for ATF.  Anytime we can take a prohibited possessor and crime guns off the streets, our communities are safer places.”

Atencio was charged in March 2013, in a three-count indictment with being a felon in possession of a firearm and ammunition; committing commercial robbery in violation of the Hobbs Act; and brandishing a firearm during a crime of violence.  According to the indictment, Atencio committed the three offenses on Feb. 23, 2012, in Santa Fe County, N.M.  At the time, Atencio was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including armed robbery, forgery, aggravated assault with a deadly weapon, and burglary.

During today’s proceedings, Atencio entered guilty pleas to the two firearms offenses charged in Counts 1 and 3 of the indictment.  In his plea agreement, Atencio admitted that on Feb. 23, 2012, he unlawfully possessed a .45 caliber semiautomatic pistol.  Atencio admitted brandishing the firearm when he robbed the Walgreens store located at 1096 St. Francis Drive in Santa Fe, N.M.
 
Atencio was arrested in this case in April 2013, after he was transferred to federal custody from state custody.  Atencio 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 Santa Fe Police Department with assistance from the 1st Judicial District Attorney’s Office.  Assistant U.S. Attorneys Lynn W.Y. Wang and Linda Mott are prosecuting the case.

ALBUQUERQUE – Dominique Dickens, of Albuquerque, N.M., pleaded guilty this morning to committing a series of robberies in the summer of 2013. 

Dickens and her co-defendant, Kelvin L. Dickerson, also of Albuquerque, were arrested in Dec. 2013, on an eight-count indictment charging them with conspiracy and seven Hobbs Act robberies.  According to the indictment, between June 2013 and early Sept. 2013, the duo engaged in a scheme to rob employees of businesses engaged in interstate commerce in Bernalillo County, N.M.  Dickens drove Dickerson to automatic teller machines (ATMs) where he robbed individuals who were making deposits.  Dickens picked up Dickerson after he committed the robberies and drive him away.

Dickerson entered a guilty plea to all eight counts of the indictment on July 2, 2014, and admitted that between June 28, 2013 and Sept. 5, 2013, he conspired with Dickens to rob individuals as they were making deposits into ATMs.  Dickerson admitted robbing seven individuals during this time period.  His victims were employed by One Main Financial, Loan Max Title Loans, Church’s Chicken, National Insurance, Sonic and Radio Shack, all of which are businesses engaged in interstate commerce.

Today Dickens pled guilty to a conspiracy charge and three Hobbs Act robbery charges and admitted conspiring with Dickerson to interfere with interstate commerce by robbing individuals who were making deposits at ATMs on behalf of their business employers.  Dickens specifically admitted aiding and abetting Dickerson in robbing the victims by driving him to the vicinity of the ATMs and then driving him away from the crime scenes on three occasions. 

Sentencing hearings have not been scheduled for Dickens and Dickerson.  Each faces a maximum statutory penalty of 20 years in prison on each charge to which they pleaded guilty.

This case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies.  This initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under the worst of the worst 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 our communities for as long as possible.

The case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – Christina Thompson, 33, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this afternoon to 15 months in federal prison followed by two years of supervised release for aiding and abetting her brother in committing arson.  She also was ordered jointly with her brother to pay $57,415.02 in restitution to the Navajo Housing Authority to pay for damage caused by their criminal conduct.

Christina Thompson and her twin brother Dan Curtis Thompson were arrested in Oct. 2013, on an indictment charging them with maliciously setting fire to an occupied rental unit at the Navajo Housing Authority in Ojo Amarillo, located on the Navajo Indian Reservation, on Jan. 9, 2013.

On Feb. 18, 2014, Dan Thompson pled guilty to the indictment and admitted setting fire to his former girlfriend’s residence on Jan. 9, 2013.  Court filings reflect that Thompson resided in the victim’s apartment until she ejected him following a “forceful physical interaction” with him.  As Thompson’s resentment towards the victim grew, he began putting into place plans to burn her residence.  Christina Thompson drove Thompson to the victim’s residence on Jan. 9, 2013, where he shattered a window so he could unlock the door and enter the residence.  Once inside, Thompson poured gasoline in the residence.  After igniting the gasoline, Thompson fled from the residence with his sister’s assistance.  Thompson admitted that he did not check to see if anyone was in the residence when he lit the fire, and that he burned the victim’s residence to retaliate against her.

Christina Thompson entered a guilty plea to the indictment on April 11, 2014, and admitted helping her brother set fire to the victim’s residence by driving him to the residence.  She also admitted helping her brother flee after he set the victim’s residence on fire.

Dan Thompson was sentenced on June 24, 2014, to 35 months in federal prison followed by five years of supervised release.  Thompson, together with his sister, must pay $57,415.02 in restitution to the Navajo Housing Authority.

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

ALBUQUERQUE – Phillip Larez, 33, of Carlsbad, N.M., entered a guilty plea this afternoon in Las Cruces federal court to a distribution of a controlled substance analogue charge.  Under the terms of his plea agreement, Larez will be sentenced to a year of probation. 

Larez and his co-defendants, Garlan R. Plumlee, 62, and Justin E. Thompson, 33, also residents of Carlsbad, were indicted in Dec. 2012, and charged with conspiracy to distribute a controlled substance analogue, distribution of a controlled substance analogue, and possession of a controlled substance analogue with intent to distribute.  The indictment also charged Plumlee with money laundering offenses.  The indictment was superseded in March 2014, to add an additional possession with intent to distribute charge against the three defendants.

According to the superseding indictment, from March 2011 through June 2012, the defendants conspired to distribute controlled substance analogues in Eddy County, N.M.  The indictment also alleges that the defendants distributed controlled substance analogues on Feb. 2, 2012 and June 27, 2012, and that they possessed controlled substance analogues with intent to distribute on June 28, 2012.  Plumlee also is charged with laundering the proceeds of this unlawful drug trafficking on Jan. 18, 2012, Feb. 10, 2012, May 23, 2012 and June 29, 2012.

The controlled substance analogues charged in the superseding indictment are commonly referred to as synthetic marijuana or “spice.”  According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids.  Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana.  These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana.  These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process.  Synthetic cannabinoids often are labeled as incense to mask their intended purpose.

According to court filings, the three men used “The Looking Glass,” a head shop owned by Plumlee and located on Canal Street in Carlsbad to sell “spice,” under the names “Scooby Snax,” “Diablo,” and “Knockout.”  Court filings state that officers seized approximately 4,779 packages of “spice” with 38 different names from “The Looking Glass” on June 28, 2012, when they executed a search warrant at the business.  Plumlee allegedly withdrew $147,000 out of his business and personal bank accounts the day after the search warrant was executed.   

During today’s proceeding, Larez entered a guilty plea to Count 3 of the superseding indictment charging him with distributing “spice” on June 27, 2012.  In his plea agreement, Larez admitted that he was employed at a business called “The Looking Glass” that sold substances which were labeled as “incense.”  On June 27, 2014, as part of his job at “The Looking Glass,” Larez sold some “incense” to an undercover officer, and the “incense” contained a detectable amount of an analogue known as “spice.”  Larez admitted knowing that the substance was intended for human consumption and that the substance had a substantially similar effect on the human body as other substances which had been listed as controlled substances under the law.

Co-defendant Thompson entered a guilty plea on April 4, 2014, to Count 1 of the superseding indictment charging him with conspiracy to distribute “spice” under a plea agreement that requires a sentence of two years of probation.  In entering his guilty plea, Thompson admitted being the manager of “The Looking Glass” under the direction of Plumlee, the owner of the business.  Thompson admitted stocking and selling “incense” at “The Looking Glass” while knowing that the “incense” was “spice.”

Plumlee has entered a not guilty plea to the charges in the superseding indictment and is scheduled for trial on Sept. 8, 2014.  If convicted, Plumlee faces a maximum statutory penalty of 20 years in prison.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force, and is being prosecuted by Assistant U.S. Attorneys Renee L. Camacho and E. Gareth Winstead of the U.S. Attorney’s Las Cruces Branch Office.

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

ALBUQUERQUE –Raymundo Silva, 35, of Belen, N.M., was sentenced on Friday to 30 months in federal prison followed by five years of supervised release for his conviction on bank fraud and conspiracy charges.

Silva and his co-defendants, Christina Knight, 29, of Albuquerque, N.M., and Patricia Diaz, 35, of Los Lunas, N.M., were indicted in Aug. 2013, on conspiracy, bank fraud and aggravated identity theft charges.  The trio subsequently was charged in a 31-count superseding indictment alleging conspiracy to commit bank fraud; 24 counts of bank fraud, including eight counts against Silva, three counts against Diaz, and 13 counts against Knight; and six counts of aggravated identity theft against Knight. 

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

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

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

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

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

Knight has been in federal custody since her arrest and remains detained pending her sentencing hearing which is scheduled for Sept. 9, 2014.

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

ALBUQUERQUE – Armando Camarena, 31, of Rio Rancho, N.M., was arrested yesterday by agents of Homeland Security Investigations (HSI) on federal child pornography charges.  Camarena made his initial appearance in federal court earlier today, and remains in custody pending a detention hearing scheduled for tomorrow morning.

Camarena is charged in a criminal complaint with distributing and possessing visual depictions of minors engaged in sexually explicit conduct.  According to the criminal complaint, HSI initiated the investigation leading to Camarena’s arrest after receiving a lead from HSI in Idaho Falls, Idaho.  HSI-Idaho reported that a 14-year-old girl had received child pornography, child erotica and threatening messages on her iPod from an individual the child met through an Internet website.  Investigation revealed that the child pornography and threats were sent from an IP Address allegedly being used by Camarena. 

On July 30, 2014, officers from HSI and the Albuquerque Police Department (APD) executed a federal search warrant at Camarena’s residence and seized computer images allegedly consistent with child pornography.  Camarena was taken into custody at that time.

If convicted of the charges in the criminal complaint, Camarena faces a federal prison term of not less than five years and not more than 20 years.  Camarena 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 SPEED, the Sexual Predator and Exploitation Enforcement Detail, which is comprised of officers from HSI-Albuquerque office, APD and the Bernalillo County Sheriff’s Office, with assistance from HSI-Idaho and the Idaho Fusion Center. 

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

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.

ALBUQUERQUE – Ramsey Litzin, 20, an enrolled member of the Navajo Nation who resides in Pinedale, N.M., was sentenced this morning for his involuntary manslaughter conviction.  Litzin will serve 18 months in federal prison followed by three years of supervised release.

Litzin was arrested on Nov. 15, 2013, on a criminal complaint alleging that he killed a 27-year-old Navajo man by stabbing him to death in the early hours of Nov. 12, 2013, in Pinedale, N.M., which is located within the Navajo Indian Reservation in McKinley County, N.M.  Litzin was intoxicated when he killed the victim during a physical altercation between the two men.

On April 24, 2014, Litzin pleaded guilty to an involuntary manslaughter charge and admitted killing the victim by stabbing him with a knife.  According to the plea agreement, Litzin armed himself with a knife prior to a physical fight with the victim and stabbed the victim approximately 23 times with the intention of causing the  victim to sustain serious bodily injury and knowing his actions could result in the victim’s death.  Although most of the stab wounds were superficial, at least three stab wounds contributed to the victim’s death.  Litzin stated that he was angry, intoxicated and had been struck by the victim when he stabbed the victim to death.

The 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 Niki Tapia-Brito.

ALBUQUERQUE – Michael Jaramillo, 24, of Santa Fe, N.M., was sentenced today to 78 months in federal prison followed by four years of supervised release for his role in a cocaine base trafficking conspiracy.

Jaramillo was one of five men who were indicted in April 2013, on federal narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA led investigation into an organization that allegedly manufactured and distributed cocaine base, more commonly known as “crack” or “crack cocaine,” in Bernalillo and Santa Fe Counties, N.M.

The five-count indictment charged Jaramillo and Robert Romero, 26, also of Santa Fe, and Albuquerque residents, Gabriel Mirabal, 33, Sam Eylicio, Jr., 37, and Dominic Anaya, 33, with conspiracy to distribute crack cocaine in Bernalillo and Santa Fe Counties between May 2012 and April 2013.  Jaramillo also was charged with distributing crack cocaine in Santa Fe in March 2012.  Romero was charged with possession of crack cocaine with intent to distribute in Santa Fe in July 2012, and with using and carrying a firearm in furtherance of a drug trafficking crime.  Mirabal was charged with possessing cocaine with intent to distribute in Albuquerque in Feb. 2013.

Jaramillo entered a guilty plea on March 21, 2014, to the conspiracy count and admitted purchasing crack cocaine from two of his co-defendants and then reselling it to others.

Romero pled guilty to two drug trafficking charges and a firearms charge on May 13, 2014, under a plea agreement that requires him to be sentenced to ten years in federal prison followed by four years of supervised release.  Romero remains in federal custody pending his sentencing hearing which is scheduled for Aug. 13, 2014.

Eylicio pled guilty on June 23, 2014, to participating in a cocaine base trafficking conspiracy.  Under the terms of his plea agreement, Eylicio will be sentenced to 125 months in federal prison followed by four years of supervised release.  Eylicio remains in federal custody pending his sentencing hearing which is scheduled for Sept. 22, 2014.

Mirabal and Anaya have entered not guilty pleas to the indictment.  If convicted of the drug trafficking charges against them, each faces a maximum penalty of not less than five years or more than 40 years in prison.  They remain in custody pending trial.  An indictment is merely an accusation, and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, with assistance from the 1st Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei. 

The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and the Santa Fe County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program.  HIDTA is a program of the White House Office of National Drug Control Policy that provides assistance to federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States. 

The investigation leading to the indictment, has been designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice initiative 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 – Sabastiano Coho, 23, a member of the Ramah Chapter of the Navajo Nation, was sentenced today to 50 months in federal prison followed by ten years of supervised release for his aggravated sexual abuse conviction.  Coho will be required to register as a sex offender after he completes his prison sentence.

Coho was arrested in Feb. 2011, on a criminal complaint charging him with aggravated sexual abuse and subsequently indicted in March 2011.  According to court filings, Coho attempted to sexually assault the victim, a 19-year-old Navajo woman, on Jan. 25, 2011, in a location within the Navajo Indian Reservation in Cibola County, N.M.  Proceedings in the case were delayed as a result of competency evaluations.

On April 3, 2014, Coho pled guilty to the indictment and admitted that he attempted to engage in a sexual act, by using force, with the victim on Jan. 25, 2011.

 This case was investigated by the Gallup office of the FBI and the Ramah Navajo Tribal Police Department 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 – Ronnie Ganadonegro, 38, a member of the Navajo Nation who resides in Alamo, N.M., pleaded guilty this morning to a robbery charge.

Ganadonegro was arrested on Jan. 23, 2014, on a criminal complaint charging him with robbing the Tiis’ Tsoh Mini Mart in Alamo, which is located in the Navajo Indian Reservation, on Dec. 30, 2013.  Ganadonegro subsequently was indicted and charged with one count of robbery.

During today’s proceedings, Ganadonegro entered a guilty plea to the indictment and admitted robbing the Tiis’ Tsoh Mini Mart on Dec. 30, 2013.  According to the plea agreement, Ganadonegro approached the counter in the convenience store, pointed an air pistol at the cashier, and demanded the money from the cash register.  When the cashier opened the cash register, Ganadonegro grabbed the cash out of the register and fled on foot from the convenience store.

Ganadonegro has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Ganadonegro faces a statutory maximum penalty of 15 years 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 FBI, and the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Marisa A. Lizarraga.

ALBUQUERQUE – Sheridan Gerard Lester, 24 was sentenced in federal court in Las Cruces, N.M., this afternoon to 21 months in federal prison followed by three years of supervised release for his assault conviction.

Lester, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was arrested in Aug. 2013, on a criminal complaint alleging assault with a dangerous weapon and assault resulting in serious bodily injury.  On Jan. 28, 2014, Lester entered a guilty plea to a felony information charging him with assault resulting in serious bodily injury and admitted assaulting another Mescalero Apache man on Nov. 27, 2012, at a location within the Mescalero Apache Reservation.

According to court filings, Lester assaulted the victim on Nov. 27, 2012, at Lester’s residence, which is located within the Mescalero Apache Reservation.  Lester was intoxicated when he began quarreling with the victim and began attacking the victim with his fists.  In entering his guilty plea, Lester admitted intentionally striking the victim about the body and in the face, causing the victim to suffer serious injuries.

Lester was in tribal custody for 302 days based on a tribal conviction related to the assault charged in the federal case before he was transferred to federal custody.  Lester will receive credit for the 302 days spent in tribal custody.

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

ALBUQUERQUE – Gabriel Gene Ortega, 34, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning for his methamphetamine trafficking conviction.  Ortega was sentenced to 41 months in federal prison to be followed by three years of supervised release.

Ortega was arrested on Dec. 7, 2012, based on a criminal complaint charging him with the manufacture and distribution of methamphetamine.  On April 18, 2013, Ortega pled guilty to a felony information charging him with manufacturing and distributing methamphetamine in the Mescalero Apache Reservation in Otero County, N.M., between Aug. 1, 2011 and Aug. 8, 2012.

Court filings reflect that Ortega was charged based on evidence developed by a BIA investigation.  As part of that investigation, the BIA executed a federal search warrant at Ortega’s residence on Aug. 8, 2012, and seized chemicals, equipment and items associated with the manufacturing of methamphetamine.  The BIA also seized a vial containing methamphetamine. 

In entering his guilty plea, Ortega admitted that he had been involved in the manufacturing and distribution of methamphetamine for a year preceding the execution of the search warrant.

This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services with assistance from the Las Cruces office of the FBI, the Ruidoso Police Department and the New Mexico State Police.  Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Maurice Williams, 35, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 130 months in federal prison followed by three years of supervised release for violating the Hobbs Act by robbing businesses engaged in interstate commerce. Williams also was ordered to pay $3,420.00 in restitution to the victims of his criminal conduct. 

The sentence was announced by U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, 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.

Maurice Williams and five other Carlsbad residents, Bennie Juarez, 28, Logan Magby, 20, Mario Muro, 23, Rance Williams, 23, and Tyler Williams, 19, were charged with violating the Hobbs Act in a criminal complaint filed on May 29, 2013.  The criminal complaint charged the six men, acting in groups, with robbing 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 and Maurice Williams on Nov. 15, 2012.

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

• The Family Dollar located at 901 W. Mermod Street in Carlsbad by Juarez 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.

According to the criminal complaint, each of the aforementioned robberies was committed by perpetrators who wore masks or covered their faces with bandanas and brandished firearms at the store employees.

Maurice Williams 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.  The guilty plea was entered without the benefit of a plea agreement. 

Maurice Williams’ five co-defendants have entered guilty pleas to Hobbs Act robberies as follows:

• Juarez 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. 

• Magby pled guilty on Sept. 3, 2013, to conspiracy to rob the Domino’s Pizza in Artesia on Jan. 6, 2013. 

• Muro pled guilty on Sept. 13, 2013, to conspiracy to rob the Domino’s Pizza in Artesia on Jan. 6, 2013. 

• Rance Williams 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. 

• Tyler Williams 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. 

The five co-defendants remain in custody pending sentencing hearings, which have yet to be scheduled.  At sentencing, each faces a statutory maximum penalty of 20 years in federal prison.

These cases were brought 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 are being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and Edwin Garreth Winstead III of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Raymond Lariva, 30, of Roswell, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to federal firearms and drug trafficking charges.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Phil Smith of the Roswell Police Department.

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

"We are pleased to join our federal partners in removing these violent offenders from our community," said 5th Judicial District Attorney Janetta B. Hicks.

ATF Special Agent in Charge Bernard J. Zapor said taking violent criminals off the streets and putting them behind bars has always been a focus of ATF.  “We commend the agents and officers who repeatedly risk their lives to remove these violent offenders from our communities.  I wish to recognize the leadership of U.S. Attorney Damon P. Martinez and his office for their relentless prosecution of these violent offenders.”

Court records reflect that Lariva was arrested in Roswell on state charges in Dec. 31, 2012, after he attempted to avoid capture on an outstanding state warrant.  On Oct. 15, 2013, Lariva was transferred to federal custody to face related federal charges in a criminal complaint that had been filed in Jan. 2013.  The state charges subsequently were dismissed in favor of federal prosecution.

According to court filings, on Dec. 31, 2012, an officer of the Roswell Police Department came upon Lariva while responding to a call.  The officer, who recognized Lariva and was aware of a pending warrant for his arrest, attempted to make contact with Lariva.  Lariva took off running and a foot chase ensued.  During the chase, Lariva threw a small black pouch over his shoulder followed by a phone case, identification card and other items.  After Lariva was arrested, officers retrieved the black pouch which contained numerous small baggies containing methamphetamine.  On Jan. 3, 2013, after reviewing recorded telephone calls made by Lariva while in state custody, officers found a loaded pistol and Lariva’s cellphone on the rooftop of a building in the area in which the pursuit had taken place.

Lariva was indicted on Jan. 15, 2014, and charged with (1) being a felon in possession of a firearm and ammunition; (2) using and carrying a firearm during and in relation to a drug trafficking crime; and (3) possession of methamphetamine with intent to distribute.  The indictment alleged that Lariva committed the offenses charged in Chaves County, N.M., on Dec. 31, 2012.  At the time, Lariva was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery, possession of a controlled substance, conspiracy to commit burglary and being a felon in possession of a firearm.

During today’s proceedings, Lariva entered a guilty plea to the three-count indictment without the benefit of a plea agreement. 

Lariva has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  Lariva faces an enhanced sentence of not less than 15 years to life in prison on the felon in possession and methamphetamine charges based on his status as an armed career offender.  He also will be sentenced to a mandatory five years in prison for using a firearm during a drug trafficking crime which must be served consecutive to the prison sentence imposed on the other two charges.

This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department with assistance from the 5th Judicial District Attorney’s Office.  Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Miguel Angel Tinajero-Martinez, 24, a Mexican national illegally in the United States, pleaded guilty on July 24, 2014, to methamphetamine trafficking charges in federal court in Las Cruces, N.M.

Tinajero-Martinez was indicted on Feb. 19, 2014, under the moniker “4 Runner” and was charged with conspiracy and distribution of methamphetamine.  He was arrested on Feb. 27, 2014, and has been in federal custody since that time.

On July 24, 2014, Tinajero-Martinez entered a guilty plea to a four-count felony information charging him with (1) conspiracy; (2) distribution of methamphetamine in Doña Ana County, N.M., on Jan. 27, 2014; (3) distribution of methamphetamine in Doña Ana County, N.M., on Feb. 27, 2014; and (4) possession of cocaine with intent to distribute in El Paso County, Texas, on Feb. 27, 2014.

In entering his guilty plea, Tinajero-Martinez admitted that from Dec. 2, 2013 to Feb. 27, 2014, he conspired with others to distribute an aggregate of three kilograms of methamphetamine in Doña Ana County.  More specifically, Tinajero-Martinez admitted distributing one kilogram of methamphetamine to an undercover agent on Jan. 27, 2014 and distributing two kilograms of methamphetamine to undercover agents on Feb. 27, 2014.  The drug transactions were negotiated by Tinajero-Martinez’s co-conspirators and Tinajero-Martinez delivered the methamphetamine to the agents. 

During his plea hearing, Tinajero-Martinez also admitted possessing seven kilograms of cocaine at his home in Horizon, Texas.  Tinajero-Martinez waived venue to permit him to enter his guilty plea in federal court in New Mexico.

At sentencing, Tinajero-Martinez faces a prison sentence of not less than ten years and nor more than life.  He will be deported after he completes his prison sentence.

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. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – On July 24, 2014, Carlos Luis Bujanda, 46, of Hobbs, N.M., entered a guilty plea in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge. 

Bujanda was arrested on Dec. 12, 2013, on a criminal complaint alleging that he possessed methamphetamine with intent to distribute in Lea County, N.M., on Nov. 14, 2013.  He subsequently was indicted in March 2014, on that same charge.

Court filings reflect that Bujanda was arrested by officers of the Lea County Drug Task Force on Nov. 14, 2013, when he attempted to deliver an ounce of methamphetamine to individual who, unbeknownst to him, was working as a confidential informant.  After his arrest, officers executed a search warrant at Bujanda’s residence in Hobbs and seized more than 500 grams of substances that tested positive for methamphetamine and $3,366.00 in cash. 

During his plea hearing, Bujanda entered a guilty plea to the indictment.  In his plea agreement, Bujanda admitted possessing more than 431 grams of pure methamphetamine and $3,366.00 which were seized by officers when they executed a search warrant at his residence on Nov. 14, 2013. 

Bujanda has been in custody since his arrest and remains detained pending his sentencing hearing.  At sentencing, Bujanda faces a statutory penalty of not less than ten years and not more than life in prison.  Under the terms of his plea agreement, Bujanda also must forfeit the currency seized from his residence and a Dodge Ram truck purchased with drug proceeds.

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

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

ALBUQUERQUE – Jason Yazzie, 31, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., was sentenced today to 270 months (22.5 years) in federal prison for his voluntary manslaughter and assault conviction.  Yazzie will be on supervised release for three years after completing his prison sentence.

Yazzie was arrested on Aug. 6, 2013, based on a criminal complaint alleging that he killed a two-year-old Navajo child on Aug. 2, 2013, in a location within the Navajo Indian Reservation.  On April 28, 2014, Yazzie entered a guilty plea to a felony information charging him with voluntary manslaughter and assault resulting in serious bodily injury charges.

In his plea agreement, Yazzie admitted that on Aug. 2, 2013, he became extremely frustrated with the child, who had been left in his care, and repeatedly struck the child about the torso, causing the child to sustain severe chest and abdominal injuries.  Yazzie also admitted that he threw the child approximately five feet in the air and across the room, causing the child to sustain severe head and neck trauma.  Yazzie admitted that he acted in frustration and in the heat of passion and that his actions caused the child’s death.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Charles Padilla, 46, of Albuquerque, N.M., pleaded guilty today to federal methamphetamine trafficking and firearms charges.  Under the terms of his plea agreement, Padilla will be sentenced to 15 years in federal prison followed by a term of not less than five years of supervised release.

Padilla was arrested on Nov. 30, 2012, based on a criminal complaint charging him with possession of methamphetamine with intent to distribute.  Padilla subsequently was indicted in Dec. 2012, and charged with two counts of possession of methamphetamine with intent to distribute and two counts of using and carrying firearms in furtherance of drug trafficking crimes.

According to court filings, on Nov. 30, 2012, law enforcement officers seized approximately 21 pounds of methamphetamine that were concealed in an underground storage area when they searched a residence located in southwest Albuquerque.  Thereafter, officers surreptitiously recorded a telephone conversation during which Padilla acknowledged ownership of the methamphetamine.  Following Padilla’s arrest, officers searched his residence and seized 19 firearms.

Today Padilla pled guilty to one methamphetamine trafficking count and one firearms count.   In his plea agreement, Padilla admitted that on Nov. 30, 2012, he unlawfully possessed methamphetamine with the intention of distributing it to others.  He also admitted possessing a firearm in furtherance of a drug trafficking crime.

Padilla was remanded into federal custody after entering his guilty plea.  He will be detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of the DEA and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorneys Jack E. Burkhead and Shana B. Long.

ALBUQUERQUE – Serafina Madrid, 35, of Las Vegas, Nev., was sentenced this morning in federal court in Albuquerque to three years of probation for transporting an illegal alien.

Madrid was arrested on Aug. 1, 2013, on a criminal complaint charging her with unlawfully transporting of an illegal alien.  On that day, law enforcement officers encountered Madrid at the Greyhound bus station in Albuquerque.  At the time of the encounter, Madrid was transporting a 16-month old toddler from San Diego, Cal. to Atlanta, Ga.  The toddler was a Mexican national unlawfully in the United States.        

Madrid pleaded guilty on May 6, 2014, to a felony information charging her with transporting an illegal alien. In entering her guilty plea, Madrid admitted that she was transporting the child, who was an illegal alien from Mexico, when she was arrested on Aug. 1, 2013.   Madrid acknowledged that she had been paid $1200.00 to transport the 16-month old toddler from San Diego, Calif., to Atlanta, Ga., and that she expected additional payment when she delivered the toddler to her mother in Georgia.

This case was investigated by the Albuquerque office of U.S. Customs and Border Enforcement, with assistance from the Albuquerque office of the DEA and the Pueblo of Laguna Tribal Police Department, and was prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and Charles L. Barth.

ALBUQUERQUE – Gerald A. Tso, 25, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this afternoon to an aggravated sexual assault charge.  Under the terms of his plea agreement, Tso will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.  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. 

Today, 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 the child.   Tso further admitted that the child was under the age of 12 years at the time he victimized the child.

Tso 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 Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and is being 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 – Eddie J. Vallejos, 55, of Roswell, N.M., entered a guilty plea this morning in federal court in Las Cruces, N.M., to a misdemeanor assault on a federal officer charge. 

Vallejos was arrested in June 2013, on a criminal complaint alleging that he assaulted an officer of the Federal Protective Service who was on duty at the Joe Skeen Federal Building and U.S. Court House in Roswell.  Vallejos subsequently was indicted and charged with a misdemeanor assault on a federal officer charge.

According to the criminal complaint, Vallejos assaulted the officer on June 4, 2013, after the officer sought to question Vallejos about a bag which appeared to contain illegal drugs that fell from Vallejos’ pocket as he emptied his pockets before walking through the security gate at the courthouse.  While attempting to flee from the officer, Vallejos physically assaulted the officer by elbowing him in the chest and striking the officer with his knee so that the two men fell down.  Vallejos then bit the officer’s hand and drew blood.

During today’s proceedings, Vallejos pled guilty to the indictment.  Vallejos has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Vallejos faces a statutory maximum penalty of a year in prison.

The case was investigated by the Federal Protective Service of the U.S. Department of Homeland Security and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – The Justice Department (DOJ) today announced it has signed a joint statement of principles with the City of Albuquerque, New Mexico, which reflects the good-faith intent of both sides to enter into a court-enforceable agreement to reform the Albuquerque Police Department (APD).  The joint statement of principles publicly specifies the measures that DOJ and the City are undertaking in order to resolve the findings resulting from DOJ’s investigation into use of force by APD.  On April 10, 2014, following an extensive investigation, DOJ found reasonable cause to believe that APD engages in a pattern or practice of use of excessive force, including unreasonable deadly force.

Following the release of the findings letter DOJ and the City each separately reached out to numerous stakeholders across Albuquerque to hear their ideas and concerns about the reform of APD.  Attorneys and staff of the department have spoken to police officers, city officials, mental health service providers, advocacy organizations, individuals who have been personally affected by APD’s past conduct and other community members.  DOJ has held dozens of meetings and met with hundreds of people across the city.  Through these efforts, both sides have gained important insights into officers’ and the community’s concerns that will shape the final agreement.  DOJ is encouraged by the feedback it has received and is committed to sustainable reforms that will ensure APD delivers services in a manner that respects the rights of residents, promotes mutual confidence between the police and the community and improves public and officer safety.

“This agreement marks an important step forward in addressing the unreasonable use of deadly force uncovered in our investigation into the Albuquerque Police Department,” said Attorney General Eric Holder.  “The residents of Albuquerque depend on their police department to serve their community with honor and integrity.  In the overwhelming majority of cases, our dedicated law enforcement officials – who put their lives on the line every day – do just that.  But when misconduct does occur, we will never hesitate to act in order to secure the civil rights of everyone in this country.  As a result of our ongoing action, I am confident that the Albuquerque Police Department will be able to correct troubling practices, restore public trust, and better protect its citizens against all threats and dangers – while providing the model of professionalism and fairness all Americans deserve.”

“We commend the city for engaging in good-faith negotiations to reach a court-enforceable agreement that will ensure sustainable reforms of APD,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “The joint statement of principles provides the community with our commitment to work expeditiously with the city to craft a durable agreement that will resolve our findings and will ensure that APD provides effective and constitutional policing to the people of Albuquerque.”

“Since the release of DOJ’s findings letter, we have asked for and received valuable ideas and insights from officers, members of the community, representatives of many organizations, and others who have a stake in the future of our community,” said U.S. Attorney Damon Martinez for the District of New Mexico.  “We are thankful to everyone who has spoken to us.  The anticipated final court-enforceable agreement, which we hope to enter into with the city of Albuquerque, is already stronger because of the input we have received.”

DOJ and the City have released the joint statement of principles to inform APD officers and the Albuquerque community that their concerns and ideas have been heard and that their ongoing participation will be critical to achieving sustainable reform.  Specifically, the joint statement of principles announces that DOJ and the City expect to develop reforms in the eight areas outlined in the department’s findings letter: use of force policies, interactions with individuals with mental illness and other disabilities, tactical units, training, internal investigations and civilian complaints, management and supervision, recruitment and selection of officers, and community engagement and oversight.  The joint statement of principles also indicates that the goal is to reach a court-enforceable agreement that will be overseen by an independent monitor.  A copy of the complete joint statement of principles is attached.

During the negotiation process, DOJ remains interested in obtaining recommendations and information related to reforms from the public.  DOJ continues to monitor the APD community hotline, which is available for both English and Spanish speakers, 1-855-544-5134 and the APD the APD community email address:  community.albuquerque@usdoj.gov.

DOJ’s full report on its investigation of APD and other related information can be found at the U.S. Attorney’s Office website http://www.justice.gov/usao/nm/APD.html and at DOJ’s website http://justice.gov/crt/about/spl/findsettle.php.  For more information about the Civil Rights Division, please visit the http://www.justice.gov/crt/index.php.

ALBUQUERQUE – The Justice Department (DOJ) today announced it has signed a joint statement of principles with the City of Albuquerque, New Mexico, which reflects the good-faith intent of both sides to enter into a court-enforceable agreement to reform the Albuquerque Police Department (APD).  The joint statement of principles publicly specifies the measures that DOJ and the City are undertaking in order to resolve the findings resulting from DOJ’s investigation into use of force by APD.  On April 10, 2014, following an extensive investigation, DOJ found reasonable cause to believe that APD engages in a pattern or practice of use of excessive force, including unreasonable deadly force.

Following the release of the findings letter DOJ and the City each separately reached out to numerous stakeholders across Albuquerque to hear their ideas and concerns about the reform of APD.  Attorneys and staff of the department have spoken to police officers, city officials, mental health service providers, advocacy organizations, individuals who have been personally affected by APD’s past conduct and other community members.  DOJ has held dozens of meetings and met with hundreds of people across the city.  Through these efforts, both sides have gained important insights into officers’ and the community’s concerns that will shape the final agreement.  DOJ is encouraged by the feedback it has received and is committed to sustainable reforms that will ensure APD delivers services in a manner that respects the rights of residents, promotes mutual confidence between the police and the community and improves public and officer safety.

“This agreement marks an important step forward in addressing the unreasonable use of deadly force uncovered in our investigation into the Albuquerque Police Department,” said Attorney General Eric Holder.  “The residents of Albuquerque depend on their police department to serve their community with honor and integrity.  In the overwhelming majority of cases, our dedicated law enforcement officials – who put their lives on the line every day – do just that.  But when misconduct does occur, we will never hesitate to act in order to secure the civil rights of everyone in this country.  As a result of our ongoing action, I am confident that the Albuquerque Police Department will be able to correct troubling practices, restore public trust, and better protect its citizens against all threats and dangers – while providing the model of professionalism and fairness all Americans deserve.”

“We commend the city for engaging in good-faith negotiations to reach a court-enforceable agreement that will ensure sustainable reforms of APD,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “The joint statement of principles provides the community with our commitment to work expeditiously with the city to craft a durable agreement that will resolve our findings and will ensure that APD provides effective and constitutional policing to the people of Albuquerque.”

“Since the release of DOJ’s findings letter, we have asked for and received valuable ideas and insights from officers, members of the community, representatives of many organizations, and others who have a stake in the future of our community,” said U.S. Attorney Damon Martinez for the District of New Mexico.  “We are thankful to everyone who has spoken to us.  The anticipated final court-enforceable agreement, which we hope to enter into with the city of Albuquerque, is already stronger because of the input we have received.”

DOJ and the City have released the joint statement of principles to inform APD officers and the Albuquerque community that their concerns and ideas have been heard and that their ongoing participation will be critical to achieving sustainable reform.  Specifically, the joint statement of principles announces that DOJ and the City expect to develop reforms in the eight areas outlined in the department’s findings letter: use of force policies, interactions with individuals with mental illness and other disabilities, tactical units, training, internal investigations and civilian complaints, management and supervision, recruitment and selection of officers, and community engagement and oversight.  The joint statement of principles also indicates that the goal is to reach a court-enforceable agreement that will be overseen by an independent monitor.  A copy of the complete joint statement of principles is attached.

During the negotiation process, DOJ remains interested in obtaining recommendations and information related to reforms from the public.  DOJ continues to monitor the APD community hotline, which is available for both English and Spanish speakers, 1-855-544-5134 and the APD the APD community email address:  community.albuquerque@usdoj.gov.

DOJ’s full report on its investigation of APD and other related information can be found at the U.S. Attorney’s Office website http://www.justice.gov/usao/nm/APD.html and at DOJ’s website http://justice.gov/crt/about/spl/findsettle.php.  For more information about the Civil Rights Division, please visit the http://www.justice.gov/crt/index.php.

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ALBUQUERQUE – Robert Yazzie, Jr., 48, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty this morning to a federal assault charge arising out of a violent attack on his intimate partner. 

Yazzie was arrested on May 27, 2014, on an indictment charging him with assault resulting in serious bodily injury.  The indictment alleged that Yazzie assaulted the victim on May 17, 2013, and caused her to suffer serious bodily injury. 

During today’s proceedings, Yazzie pled guilty to the indictment and admitted assaulting his intimate partner by hitting her in the face and head multiple times with a closed fist.  Yazzie acknowledged that as a result, the victim sustained bilateral nasal bone fractures and hematomas to the head and face.  The assault occurred within the Jicarilla Apache Nation.

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

This case was investigated by the Jicarilla Apache Tribe Police Department and is being 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 – El Departamento de Justicia (DOJ sus siglas en inglés), anunció hoy que el Departamento y la Ciudad de Albuquerque, N.M., han firmado una Declaración Conjunta de Principios, la cual refleja buena fe de ambas partes para entrar en un acuerdo, ejecutable en el tribunal, para reformar al Departamento de Policía de Albuquerque (APD sus siglas en inglés).  La declaración conjunta de principios especifica públicamente las medidas que el DOJ y la ciudad estàn llevando a cabo para resolver los hallazgos que resultaron de la investigación que le hizo el DOJ al APD.  El 10 de abril de 2014, después de una extensa investigación, el DOJ encontró causa razonable para creer que el APD utiliza un patrón de uso de fuerza excesivo, incluyendo la fuerza mortal irrazonable. 

Dada a conocer la carta de hallazgos, el DOJ y la ciudad, cada uno independientemente, se pusieron en contacto con partes interesadas en Albuquerque para así escuchar sus ideas e inquietudes a cerca de la reforma del APD.  Abogados y personal del DOJ han conversado con oficiales de policía, oficiales de la ciudad, proveedores de servicios de salud mental, organizaciones de defensores, individuos que han sido personalmente afectados por la conducta pasada del APD, y con otros miembros de la comunidad.  El DOJ ha llevado a cabo docenas de reuniones y se ha reunido con cientos de personas a lo largo y ancho de la ciudad.  A través  estos esfuerzos, ambas partes han adquirido información importante sobre lo que preocupa a los oficiales y a la comunidad.  Esta información moldearà el acuerdo final.  El DOJ està motivado por la información que ha recibido y està comprometido a lograr reformas sostenibles que aseguraràn que APD prestarà servicios de tal forma que se respeten los derechos de los residentes, se promueva confianza mutua entre la policía y la comunidad, y que mejore la seguridad del público y de los oficiales. 

“Este acuerdo marca un importante paso adelante para encarar el uso irrazonable de fuerza mortal descubierto durante nuestra investigación al Departamento de Policía de Albuquerque”, dijo Eric Holder, Fiscal General de los Estados Unidos.  “Los residentes de Albuquerque dependen en su cuerpo policial para servir a su comunidad con honor e integridad.  En la gran mayoría de los casos, nuestros dedicados oficiales de policía local, quienes a diario ponen sus vidas en peligro, hacen justamente eso.  Pero cuando ocurre la conducta impropria en el ejercicio de la profesión, nunca vacilaremos en actuar para asegurar los derechos civiles de todos en este país.  Como resultado de la acción en curso, me siento seguro de que el Departamento de Policía de Albuquerque podrà corregir estas pràcticas preocupantes, restaurar la confianza del público y proteger mejor a todos sus ciudadanos contra todas las amenazas y peligros – y, a la vez, proveer un modelo de profesionalismo y equidad que todos los americanos merecen”.

“Felicitamos a la ciudad por haberse comprometido a entrar en negociaciones de buena fe para lograr un acuerdo ejecutable en el tribunal, que asegurarà reformas sostenibles en el APD”, dijo Jocelyn Samuels, Procuradora General Auxiliar Interina de la División de Derechos Civiles.  “La Declaración Conjunta de Principios demuestra a la comunidad nuestro compromiso de trabajar de una manera expedita con la ciudad para crear un acuerdo duradero el cual resolverà nuestros hallazgos del 10 de abril y asegurarà que el APD le proveerà a la gente de Albuquerque pràcticas policiales constitucionales y efectivas”.

“Desde que el DOJ dio a conocer su carta de hallazgos, hemos pedido y hemos recibido ideas valiosas e información de los oficiales, miembros de la comunidad, representantes de múltiples organizaciones y de otros que tienen interés en el futuro de nuestra comunidad”, dijo Damon P. Martínez, Procurador Federal por el Distrito de Nuevo México.  “Agradecemos a todos aquellos que han hablado con nosotros.  El esperado acuerdo ejecutable en el tribunal final, el cual esperamos poder lograr con la ciudad de Albuquerque, ya es màs fuerte debido a las aportaciones que hemos recibido”. 

El DOJ y la ciudad han dado a conocer la Declaración Conjunta de Principios para así informarle a los oficiales de APD y a la comunidad de Albuquerque, que sus inquietudes e ideas han sido escuchadas y que su continuada participación es crucial para lograr una reforma sostenible.  Específicamente, la Declaración Conjunta de Principios da a conocer que el DOJ y la ciudad esperan desarrollar reformas en las ocho àreas enumeradas en la carta de hallazgos del DOJ.  El uso de políticas de fuerza, la interacción con individuos con enfermedad mental y otras discapacidades, unidades tàcticas, entrenamiento, investigaciones internas y quejas civiles, dirección y supervisión, reclutamiento y selección de oficiales y participación y supervisión comunitaria.  La Declaración Conjunta de Principios, también indica que la meta es lograr un acuerdo que sea ejecutable ante el tribunal, que serà supervisado por un monitor independiente.  Copia completa de la declaración conjunta de principios puede ser encontrada aquí.  (Hyperlink).

Durante el proceso de negociación, el DOJ sigue interesado en obtener recomendaciones e información del público referente a las reformas.  DOJ continúa monitoreando la línea directa comunitaria que està disponible en inglés y español, 1-855-544-5134 y el correo electrónico comunitario de APD en el community.albuquerque@usdoj.gov.

El reporte completo de la investigación hecha por DOJ al APD, al igual que otra información relacionada puede ser encontrada en http://www.justice.gov/usao/nm/APD.html y http://justice.gov/crt/about/spl/findsettle.php.  Para màs información sobre la División de Derechos Civiles, por favor visite www.justice.gov/crt.

• Statement of Principles

ALBUQUERQUE – Jorden Medina, 54, a non-Native man who resides in El Prado, N.M., pleaded guilty this morning to a federal involuntary manslaughter charge.
 
Medina was arrested on Dec. 2, 2013, on a criminal complaint charging him with killing a 28-year-old Taos Pueblo man on Nov. 30, 2013.  Medina subsequently was indicted on Dec. 17, 2013, and charged with second degree murder.

During today’s plea hearing, Medina pleaded guilty to an information charging him with involuntary manslaughter and admitted shooting the victim at a gas station located in Taos Pueblo.  In his plea agreement, Medina stated that he was putting fuel into his truck when the victim physically attacked him, knocking him to the ground.  Medina responded to the attack by retrieving a pistol from his truck and firing a single bullet at the victim and killed him.

Medina is in federal custody and will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Medina faces a statutory maximum penalty of eight years in prison followed by a term of supervised release to be determined by the court.

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

ALBUQUERQUE – Bo Cai, 28, a Chinese national, pleaded guilty in the U.S. District Court for the District of New Mexico this afternoon to violating the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR) by scheming illegally to export defense articles with military application to the People’s Republic of China.  The guilty plea was announced by Damon P. Martinez, U.S. Attorney for the District of New Mexico and Dennis A. Ulrich, II, Special Agent in Charge of Homeland Security Investigations (HSI) in El Paso, Texas.

Bo Cai entered a guilty plea to a three-count superseding indictment charging him and his cousin, Wentong Cai, 29, a Chinese national in the United States on a student Visa, with a scheme illegally to export sensors primarily manufactured for sale to the U.S. Department of Defense for use in high-level applications, such as line-of-sight stabilization and precision motion control systems.  The Arms Export Control Act and the ITAR prohibit the export of defense-related materials from the United States without obtaining a license or written approval from the U.S. Department of State.

In announcing the guilty plea, U.S. Attorney Damon P. Martinez said, “It is a top priority for the Justice Department and the District of New Mexico to protect our national security and our technology from disclosure to foreign governments.  This prosecution demonstrates the federal law enforcement community’s commitment to safeguarding our nation’s military secrets by keeping America’s critical technology from falling into the wrong hands.”

HSI Special Agent in Charge Dennis A. Ulrich, II, said, “One of HSI's highest priorities is to prevent illicit procurement networks from illegally obtaining U.S. military products, sensitive dual-use technology, weapons of mass destruction (WMD), or chemical, biological, radiological and nuclear materials.  This investigation reflects the outstanding efforts of HSI and its partner agencies in protecting American ingenuity and sensitive military hardware.  HSI will continue to aggressively investigate this type of crime and bring those individuals who pose a threat to the world's security to justice.”

In his plea agreement, Bo Cai admitted that from March 2012 to Dec. 2013, he conspired illegally to export sensors from the United States to China without first obtaining the required export license.  According to the plea agreement, in March 2012, Bo Cai, who was then employed by a technology company in China, embarked on an illegal scheme to smuggle sensors out of the United States to China for one of his customers despite knowledge that the sensors could not be exported without a license and that the United States did not issue licenses to export the sensors to China.  Bo Cai enlisted Wentong Cai to acquire the sensors under the ruse that he planned to use the sensors at Iowa State University where he was a graduate microbiology student. 

Court filings indicate that the investigation of this case began in Oct. 2013, when an undercover HSI agent responded to Wentong Cai’s overtures. After negotiations by telephone and email, Bo Cai and Wentong Cai traveled to New Mexico in Dec. 2013, where they obtained a sensor from undercover HSI agents and developed a plan for smuggling the sensor out of the United States to China.  On Dec. 11, 2013, Bo Cai was arrested at an airport in Los Angeles, Calif., as he was preparing to board a flight to China after the sensor was discovered concealed in a computer speaker in his luggage.

At sentencing, Bo Cai faces a statutory maximum penalty of 20 years in prison on the Arms Export Control Act charge, ten years in prison on the smuggling charge, and five years on the conspiracy charge.  Under the terms of his plea agreement, Bo Cai will be deported after completing his prison sentence.  He remains in custody pending his sentencing hearing, which has yet to be scheduled.  

Wentong Cai was arrested in Iowa and was transferred to the District of New Mexico in Jan. 2014.  He has entered a not guilty plea to the charges in the superseding indictment and remains in federal custody pending trial, which currently is scheduled to begin on Aug. 18, 2014.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The Albuquerque office of HSI led the investigation of this case with assistance from the U.S. Air Force Office of Special Investigations, the Defense Security Service, HSI in Iowa and Los Angeles, Calif., and the FBI.  Iowa State University cooperated throughout with HSI’s investigation.  Assistant U.S. Attorneys Dean S. Tuckman and Fred J. Federici of the District of New Mexico are prosecuting the case with assistance from Deputy Chief Deborah Curtis and Trial Attorney David Recker of the Justice Department’s National Security Division, Counterespionage Section, the U.S. Attorney’s Office for the Central District of California and the U.S. Attorney’s Office for the Southern District of Iowa.

ALBUQUERQUE – Allen Harragarra, 34, a member of the Navajo Nation who resides in Yah-Ta-Hay, N.M., pleaded guilty this morning to a felony information charging him with voluntary manslaughter.

Harragarra was arrested in Dec. 2013, on a complaint alleging that he killed a Navajo man on Dec. 2, 2013, on the grounds of a school in Tohatchi, N.M., which is located within the Navajo Indian Reservation.  According to the complaint, Harragarra stabbed the victim in the neck during a physical altercation. 

During today’s plea hearing, Harragarra pled guilty to voluntary manslaughter and admitted killing the victim on Dec. 2, 2013, by stabbing him in the neck.  In his plea agreement, Harragarra said he stabbed the victim once in the neck while he was acting out of fear and in the heat of passion.

Under the terms of his plea agreement, Harragarra will be sentenced to a federal prison term within the range of 60 to 66 months followed by a term of supervised release to be determined by the court.  Harragarra remains in custody pending his sentencing hearing, which has yet to be scheduled.

The case was investigated by the Albuquerque and Gallup offices of the FBI and the Crownpoint District of the Navajo Nation Division of Public Safety, and is being prosecuted by Special Assistant U.S. Attorney David Adams.

ALBUQUERQUE – Robert Mullen, 61, a former officer with the Lawton, Okla., Police Department who relocated to Albuquerque, N.M. was sentenced to 65 months in federal prison for his conviction for distribution and possession of visual depictions of minors engaged in sexually explicit conduct.  Mullen will be on supervised release for 15 years after completing his prison sentence and will be required to register as a sex offender.

Mullen was arrested on Dec. 17, 2013, by Special Agents of Homeland Security Investigations (HSI) on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct.  On Jan. 15, 2014, Mullen was indicted and charged with distribution of child pornography and possession of child pornography.  The indictment alleged that Mullen committed these two offenses between Aug. 2013 and Dec. 2013, in Bernalillo County, N.M.  On March 26, 2014, Mullen entered a guilty plea to both counts of the indictment without the benefit of a plea agreement.
           
According to court filings, in Aug. 2013, a special agent with the New Mexico Attorney General’s Office (NMAGO) identified an IP address that was being used to share files containing child pornography while conducting an investigation targeting those who share child pornography on peer-to-peer file sharing networks.  Subsequent investigation revealed that the IP address was subscribed to Mullen at a residential address in the west side of Albuquerque.

On Dec. 11, 2013, HSI, the Albuquerque Police Department (APD) and other agencies participating in the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a state search warrant at the residence and seized a computer and computer-related media.  A preliminary forensic examination of a computer taken from a bedroom used by Mullen recovered images and videos consistent with child pornography.

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

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 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.

ALBUQUERQUE – Angela Sloane, 30, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty today to an indictment charging her with child abuse.

Sloane 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 Sloane crashed the vehicle into a wooden fence and a parked vehicle.  She subsequently was indicted and charged committing child abuse by placing the children in a situation that may have endangered their lives or health.

In entering her guilty plea, Sloane 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. Sloane admitted placing the children in a situation that endangered their lives by crashing into fencing and a parked vehicle.

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

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