Albuquerque Man Pleads Guilty to Violating Federal Firearms Laws

 ALBUQUERQUE – Joseph Wallace Apodaca, 39, of Albuquerque, N.M., pleaded guilty today in federal court to being a felon in possession of firearms and ammunition.

Apodaca was arrested on August 21, 2014, on an indictment charging him with being a felon in possession of firearms and ammunition on May 14, 2014, in Bernalillo County, N.M.  The indictment was superseded on Jan. 21, 2015.  Apodaca was prohibited at the time from being in possession of firearms and ammunition because he had previously been convicted of aggravated burglary, conspiracy to commit aggravated burglary, tampering with evidence and residential burglary.

During today’s proceedings, Apodaca pled guilty to the superseding indictment and admitted that on May 14, 2014, he was approached by Albuquerque Police Department (APD) officers as he was exiting his vehicle, where APD officers viewed a handgun in his vehicle.  Apodaca further admitted that he told officers he was a convicted felon in possession of a handgun.

At sentencing, Apodaca faces a maximum of ten years in prison followed by not more than three years of supervised release.  He remains detained pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department.  Assistant U.S. Attorney Norman Cairns is prosecuting this case.

Michael Scott Ponce Charged with Violating Federal Firearms Laws

Ponce Prosecuted Pursuant to Federal “Worst of the Worst” Anti-Violence Initiative

ALBUQUERQUE – Michael Scott Ponce, 38, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with being a felon in possession of a firearm and ammunition.  Ponce waived his right to a detention hearing and will be detained pending trial.

The federal charge against Ponce was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).

U.S. Attorney Damon P. Martinez said that 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.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.

“Taking armed felons off our streets is our primary mission,” said ATF Special Agent in Charge Thomas G. Atteberry.  “I want to recognize the bravery of our agents and the officers of the Albuquerque Police Department for their commitment to pursuing dangerous armed felons.” 

 “The assistance of our federal law enforcement partners and the willingness of U.S. Attorney’s Office to pursue federal charges against repeat offenders are having a dramatic, positive impact in our city,” Albuquerque Police Chief Gorden Eden said. “Working together, we are sending a message to repeat offenders that violent crime will not be tolerated.”

The criminal complaint alleges that Ponce unlawfully possessed a firearm and ammunition on June 27, 2015, in Bernalillo County, N.M.  According to the criminal complaint, on June 27, 2015, APD officers who responded to reports of a shooting in downtown Albuquerque observed a vehicle driven by Ponce as it struck another vehicle as Ponce allegedly attempted to flee from the area.  APD officers pursued Ponce into a residential neighborhood where they took him into custody.   As they were arresting Ponce, the officers allegedly observed a firearm cartridge in Ponce’s vehicle.  Before they arrested Ponce, the APD officers observed Ponce throw an item from his vehicle, and later found a semiautomatic pistol in the area where they had observed Ponce throw the object.

According to court records, on June 27, 2015, Ponce was prohibited from possessing firearms or ammunition because he previously had been convicted of two counts of aggravated assaults with a deadly weapon, aggravated battery with a deadly weapon causing great bodily harm, and trafficking a controlled substance in the Second Judicial Court for the State of New Mexico in Bernalillo County.  Ponce also had a prior federal conviction on a cocaine trafficking charge.  At the time of his arrest on June 27, 2015, Ponce was on supervised release after having served a sentence of incarceration on the federal conviction.

Ponce was arrested on June 27, 2015, on related state charges and remained in state custody until July 13, 2015, when he was transferred to federal custody.  The state charges against Ponce will be dismissed in favor of federal prosecution.

If convicted of the charge in the criminal complaint, Ponce faces a statutory maximum penalty of ten years in federal prison.  If the court determines that Ponce is an armed career criminal, he faces an enhanced sentence of a mandatory minimum of 15 years in prison to a maximum of life imprisonment.  Charges in criminal complaints are mere accusations.  Defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the ATF office in Albuquerque and APD with assistance from the Bernalillo County Sheriff’s Office and the Second Judicial District Attorney’s Office.  Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.

Jeremiah Jackson Sentenced to Life Imprisonment

ALBUQUERQUE—This morning a U.S. District Judge sentenced Jeremiah Jackson, 34, of Albuquerque, New Mexico, to two terms of life imprisonment, to be served concurrently, for killing two women while attempting to avoid apprehension in the aftermath of a bank robbery, announced U.S. Attorney Kenneth J. Gonzales and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.

Jackson was arrested on April 6, 2010, shortly after robbing a bank and immediately after a collision that took the lives of Kimberly Aragon-Nunez, a 34-year-old mother of three, and Janice Flores, a 28-year-old mother of two. On May 11, 2010, Jackson was indicted and charged with robbing the New Mexico Bank and Trust branch located at 3002 Louisiana NE in Albuquerque (Bank) on April 6, 2010, and killing Mrs. Aragon-Nunez and Mrs. Flores while attempting to avoid apprehension in the aftermath of the bank robbery.

On August 24, 2011, a federal jury found Jackson guilty of bank robbery and killing the two women while attempting to avoid apprehension in the aftermath of the bank robbery, after a four-day trial. The evidence at trial established that Jackson robbed the Bank, which is located at the corner of Louisiana and Candelaria NE, at approximately 10:00 a.m. on April 6, 2010, by presenting two bank tellers with a note demanding money. After obtaining approximately $2,400 in cash from the two frightened bank tellers, Jackson fled from the Bank in a van he had borrowed earlier in the day. As he fled, the Bank manager was able to note the van’s license plate number and get a description of the vehicle.

An officer of the Albuquerque Police Department (APD) soon located Jackson at a convenience store at the corner of Carlisle and Comanche NE using a description of the bank robber and the make and license plate number of the van. However, before the officer could establish a perimeter to box Jackson in, Jackson got back into the van and left the convenience store parking lot. Jackson quickly realized that an officer was following him. When the officer turned on her cruiser’s lights and siren, Jackson did not pull over and surrender but instead tried to evade arrest. Jackson drove south on Carlisle and then west on Interstate 40 at a high rate of speed while the officer followed and called out Jackson’s location over her police radio.

The officer continued to follow Jackson as he exited Interstate 40 and drove down Coors Blvd. SW, but lost sight of him as he sped along toward the intersection of Coors Blvd. and Quail SW. Several witnesses testified about watching Jackson attempt to turn the corner at a high rate of speed, seeing the van drift sideways and then slam into a concrete median. As it struck the median, the van went airborne across an entire lane of traffic before landing on the vehicle occupied by Ms. Aragon-Nunez and Ms. Flores, instantaneously causing their deaths. Instead of attempting to aid his victims or seeking assistance for them, Jackson fled from the scene of the fatal collision. Jackson was apprehended shortly thereafter and made a detailed confession that was presented as part of the evidence against him.

At the sentencing hearing, several members of the Aragon-Nunez and Flores families, including parents, children, and siblings of the deceased, addressed the court and spoke about the impact that Jackson’s crimes had on their lives. Several family members told the judge that they already had been sentenced to a life without their loved ones, and asked the judge to consider that fact in imposing sentence on Jackson.

The case was investigated by the FBI and the APD and was prosecuted by Assistant U.S. Attorneys Presiliano Torrez and Raul Torrez.