ARMED CAREER CRIMINAL FROM GRANTS, N.M., SENTENCED TO 15 YEARS IN PRISON FOR UNLAWFUL POSSESSION OF FIREARMS

Albequerque – Earlier today, a federal judge sentenced Dustin Dean, to a 15-year-term of imprisonment for being an armed career criminal in possession of firearms. Dean, 35, of Grants, N.M., will be on supervised release for three years after completing his prison sentence.

U.S. Attorney Kenneth J. Gonzales said that Dean represents the type of target that is the focus of a federal anti-violence initiative that targets "the worst of the worst" offenders for federal prosecution under the federal firearms and narcotics laws. Under the initiative, a state-wide, multi-agency effort denominated as the New Mexico Federal Gang Task Force, 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.

Court records reflect that Dean initially was charged in a criminal complaint on May 17, 2011, and subsequently charged in an indictment on July 24, 2011, with felon in possession of a firearms and ammunition. According to the indictment, Dean unlawfully possessed a firearm and ammunition in Cibola County, N.M., on May 3, 2011. At the time, Dean was prohibited from possessing firearms and ammunition because he previously had been convicted of numerous felony offenses, including aggravated battery, residential burglary, and attempted armed robbery in the 13th Judicial District Court for the State of New Mexico, and false imprisonment and breaking and entering in the 2nd Judicial District Court for the State of New Mexico. Dean also previously was convicted of being a felon in possession in the U.S. District Court for the District of New Mexico.

In December 2011, Dean was transferred from state custody to answer to the federal charges in this case, and has been in federal custody since that time. On April 25, 2012, Dean entered a guilty plea to the indictment and admitted that on May 3, 2011, he had a loaded Colt Mustang model .380 caliber pistol in a cell phone holster strapped to his ankle when he was arrested by law enforcement pursuant to an arrest warrant. Dean also admitted to being in possession of a loaded Browning 9mm Luger caliber pistol.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the New Mexico State Police and the Cibola County Sheriff's Office, and was prosecuted by Assistant U.S. Attorney David W. Walsh.

Tribal Law Enforcement Shooting Under Investigation

The FBI, with the assistance of the New Mexico State Police and the Navajo Nation Division of Public Safety, is investigating a shooting involving a tribal law enforcement officer.

The shooting occurred at approximately 3 a.m. Wednesday, June 4, 2012 on the Navajo Nation, in the vicinity of Two Grey Hills, New Mexico, near the New Mexico-Arizona border southwest of Shiprock.

Navajo Police officers were investigating the death of Harland Begay, 34, of Newcomb, who died in an altercation with two other males near Sheep Springs on Tuesday afternoon.

Two officers later located two individuals believed to be the suspects in a stopped vehicle.

A confrontation ensued between one of the officers and an individual, and shots were fired.

An adult male in the vehicle was airlifted in critical condition to San Juan Regional Medical Center. No additional information is available on his status.

The officers and the other male in the vehicle were not injured.

FBI special agents and state police experts processed the shooting scene.

Investigations into the shooting and Begay’s death are ongoing.

The identities of the officers and the possible suspects are not being released at this time.

Murder Suspect Arrested

Espanola, NM - Deputies with the United States Marshal Service and Task Force Officers with the Santa Fe Police Department arrested Joel Rollins (48) in Espanola, NM. Rollins was wanted by the Sandoval County Sheriff’s Department for allegedly Murdering Elvis Delaney III in October 2007 and then burying Delaney’s body on his property in Sandoval County.

On May 22, 2012 the arrest warrant for Rollins was signed and information was received by the United States Marshals Service that Rollins was potentially in the Espanola, NM area. Investigators from the New Mexico State Police, Sandoval County Sheriff’s office, Santa Fe Police Department and the United States Marshals Service quickly responded and sent Southwest Fugitive Team (SWIFT) Task Force Deputies and Task Force Officers (TFO’s) to Espanola to investigate Rollins’ whereabouts. Rollins was located at his place of employment on May 23, 2012 by Marshals Service Deputies and TFO’s where he was arrested. Rollins was turned over to the Sandoval County Sheriff’s Department so they could continue their investigation.

United States Marshal Conrad E. Candelaria said “justice is one step closer to prevailing, due to the unyielding and tireless efforts of many law enforcement agencies, partnering with the Marshals Service from state, local and county agencies, this fugitive will now answer to the horrible and unconscionable crime committed”.

Additional information about the U.S. Marshals Service can be found at http://www.usmarshals.gov.

Barrio Azteca Gang Members and Associates Plead Guilty in Texas to Racketeering Conspiracy

WASHINGTON—Two Barrio Azteca (BA) gang members and one BA associate pleaded guilty this week for their participation in a racketeering conspiracy and money laundering, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Robert Pitman for the Western District of Texas, FBI Assistant Director of the Criminal Investigative Division Kevin Perkins, and Administrator Michele M. Leonhart of the U.S. Drug Enforcement Administration (DEA).

Today, Yolanda Barba Chavira, 42, aka “Yoli,” of El Paso, Texas, pleaded guilty before U.S. District Judge Kathleen Cardone of the Western District of Texas to money laundering conspiracy. Yesterday, her co-defendants, Adam Garcia, 34, aka “Bad Boy,” of El Paso, and Carlos Perez, 38, aka “Bandit,” of El Paso, pleaded guilty before U.S. Magistrate Judge Norbert Garney in the Western District of Texas to racketeering conspiracy.

According to court documents, the Barrio Azteca gang began in the late 1980s as a violent prison gang and has expanded into a transnational criminal organization. The BA is primarily based in West Texas; Juarez, Mexico; and throughout state and federal prisons in the United States and Mexico.

According to court documents, members and associates of the BA have engaged in a host of criminal activity committed since January 1, 2003, including drug trafficking, extortion, money laundering, kidnapping, and murder, including the March 13, 2010 murders in Juarez of U.S. consulate employee Leslie Ann Enriquez Catton, her husband Arthur Redelfs, and Jorge Alberto Salcido Ceniceros, the husband of a U.S. consulate employee.

The BA profits by importing heroin, cocaine, and marijuana into the United States from Mexico. Gang members and associates also allegedly charge a “street tax” or “cuota” on businesses and criminals operating in their turf. These profits are used to support gang members in prison by funneling money into prison commissary accounts of gang leaders and to pay for defense lawyers or fines. The “cuota” profits also are allegedly reinvested into the organization to purchase drugs, guns, and ammunition.

According to information presented in court, Chavira was an associate of the Barrio Azteca in El Paso. Chavira admitted that on a regular basis BA members gave her extortion money that they had collected. In turn, she used that money to purchase money orders and would send those money orders to BA leaders in jail. During her plea hearing, she admitted that she had reason to believe that the BA was laundering more than $120,000 of extortion fees.

During their plea hearings, Garcia and Perez admitted that they were BA members and participated in gang affairs in many places, including the El Paso area and New Mexico. They admitted that they helped distribute controlled substances like marijuana, cocaine and heroin. They also admitted that they participated in the collection of extortion fees from drug dealers operating on BA turf, and that this money was sent to jailed BA leaders.

As part of his plea agreement, Perez agreed not to contest the forfeiture an SKS 7.62x39 rifle, a 995 Hi Point rifle, and 143 rounds of ammunition that were recovered after the execution of a federal search warrant at his residence on March 9, 2011.

Thirty-five members and associates of the BA gang, including Chavira, Garcia, Perez, and 19 others who have pleaded guilty, were charged in a third superseding indictment unsealed in March 2011 with various counts of racketeering, murder, drug offenses, money laundering, and obstruction of justice. Trial against defendant Ramon Renteria, aka “Spook,” is set to begin May 18, 2012 before Judge Cardone.

Two of the BA members who previously pleaded guilty were sentenced last week by Judge Cardone in accordance with their plea agreements. On February 23, 2012, Jorge Diaz, aka “Payaso,” was sentenced to 20 years in prison and to pay a $5,000 fine. On February 24, 2012, Santiago Lucero, aka “Sonny,” was sentenced to 12 years in prison and to pay a $1,000 fine.

Chavira faces a maximum penalty of 20 years in prison and is scheduled to be sentenced on May 24, 2012. If U.S. District Judge Cardone accepts plea agreements of Garcia and Perez, each defendant will be sentenced to 20 years in prison.

The case is being prosecuted by Trial Attorney Joseph A. Cooley of the Criminal Division’s Organized Crime and Gang Section, Trial Attorney Brian Skaret of the Criminal Division’s Human Rights and Special Prosecutions Section, and the U.S. Attorney’s Office of the Western District of Texas-El Paso Division. The U.S. Attorney’s Office for the District of New Mexico provided significant assistance in this case, including Assistant U.S. Attorney Sarah Davenport. Valuable assistance was provided by the Criminal Division’s Offices of International Affairs and Enforcement Operations.

The case was investigated by the FBI’s El Paso Field Office and Albuquerque Field Office (Las Cruces Resident Agency). Special assistance was provided by the DEA; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Immigration and Customs Enforcement; the U.S. Marshals Service; U.S. Customs and Border Protection; Federal Bureau of Prisons; U.S. Diplomatic Security Service; the Texas Department of Public Safety; the Texas Department of Criminal Justice; El Paso Police Department; El Paso County Sheriff’s Office; El Paso Independent School District Police Department; Texas Alcohol and Beverage Commission; New Mexico State Police; Dona Ana County, N.M., Sheriff’s Office; Las Cruces, New Mexico Police Department; Southern New Mexico Correctional Facility; and Otero County Prison Facility New Mexico.

Tracy Allen Province and Casslyn Mae Welch Plead Guilty to Carjacking and Murder of Oklahoma Couple

ALBUQUERQUE—Tracy Allen Province, 44, of Indiana, and Casslyn Mae Welch, 45, of Arizona, have entered guilty pleas to numerous charges in a second superseding indictment arising out of the August 2, 2010 carjacking and murder of Gary and Linda Haas of Oklahoma, announced U.S. Attorney Kenneth J. Gonzales.

Mr. and Mrs. Haas were carjacked and murdered after Province and co-defendant John Charles McCluskey, 46, of Arizona, escaped from an Arizona state prison with the assistance of Welch on July 30, 2010. According to the criminal complaints that initiated the case, on August 2, 2010, McCluskey, Province, and Welch carjacked Mr. and Mrs. Haas and their pickup truck and camping trailer at a rest area off Interstate 40 in Quay County, N.M. McCluskey allegedly shot and killed Mr. and Mrs. Haas in the trailer at a location between Santa Rosa and Tucumcari, N.M. Thereafter, McCluskey, Province, and Welch allegedly drove the Haases’ truck and trailer to a remote area in Guadalupe County, N.M., where they unhitched, burned, and abandoned the trailer with the Haases’ remains still inside. On August 4, 2010, the New Mexico State Police discovered the burned remains of Mr. and Mrs. Haas in the trailer. Province was arrested in Wyoming on August 9, 2010, and McCluskey and Welch were arrested in Arizona on August 19, 2010, following a nationwide, multi-agency manhunt.

This morning, Province and Welch admitted their involvement in the carjacking and murder of Mr. and Mrs. Haas during change of plea proceedings before U.S. District Judge Judith C. Herrera in federal court in Albuquerque.

Province pled guilty to nine of the 13 offenses charged in the second superseding indictment, while Welch pled guilty to eight of the offenses. Specifically, Province and Welch each pled guilty to the following offenses: conspiracy to commit carjacking (count one); carjacking resulting in death (count two); conspiracy to interfere with commerce (count four); interference with commerce (count five); using and carrying firearms during and in relation to crimes of violence (counts six, seven, nine, and 10); and being fugitives in possession of firearms (count 13). Province also pled guilty to being a felon in possession of firearms (count 12).

The guilty pleas were entered pursuant to plea agreements with the U.S. Attorney’s Office that contemplate dismissal of counts three and eight, charging tampering with a witness and using a firearm during and in relation to the violent crime of tampering with a witness, against Province and Welch after the two are sentenced. In the plea agreements, Province and Welch admit conspiring and agreeing with each other and with McCluskey forcibly to take a pickup truck and trailer from Mr. and Mrs. Haas at gunpoint with the intention of killing them, if necessary, and then following through on their agreement. Both Province and Welch assert or imply that McCluskey shot and killed Mr. and Mrs. Haas at a location off of Interstate 40, and admit that they assisted McCluskey in moving the Haas’ pickup truck and trailer, which contained the Haas’ bodies, to another location where they set fire to the trailer with the Haases’ bodies inside.

Under the terms of his plea agreement, Province will be sentenced to five consecutive terms of life imprisonment without the possibility of release. Welch faces a maximum penalty of life imprisonment under her plea agreement. Both remain in custody pending their sentencing hearings, which have yet to be scheduled.

McCluskey, Province, and Welch initially were charged on September 29, 2010, in an indictment that included seven counts that carry a maximum sentence of death or life in prison on conviction. A first superseding indictment was filed on December 29, 2011; it modified the original indictment by adding the Notice of Special Findings under a statute that provides for the imposition of the death penalty for a defendant who has been found guilty of a death-eligible offense after consideration of specific mitigating and aggravating factors identified. The second superseding indictment, which was filed on January 12, 2012, modified the “Notice of Special Findings,” by supplementing McCluskey’s prior criminal history.

McCluskey remains in custody pending trial on the second superseding indictment; his trial is scheduled to commence on March 11, 2013. An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty.

Although the second superseding indictment includes a Notice of Special Findings which preserves the United States’ ability to seek the death penalty against McCluskey, the United States has not yet indicated whether it will seek a sentence of death against McCluskey. A decision whether or not to seek the death penalty against a death-eligible defendant is made by the Attorney General of the United States based on the recommendation of the United States Attorney and after carefully considering each defendant’s background and the circumstances of the crime.

The case was investigated by the Federal Bureau of Investigation and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorneys Linda Mott and Gregory J. Fouratt.

Two Arrested in New Mexico After Kidnapping

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Jesus Manuel Gallegos, 40, and Brandon Lawrence Jones, 34, have been arrested in connection with the kidnapping of an El Paso man who managed to get free in Clines Corners, N.M., on Sunday morning.

The 34-year-old victim, whose name is not being released, said he ran away from his abductors when they fell asleep.

State police and other law enforcement arrested the suspects a short time later in Clines Corners.

The victim said he was abducted and forced to get into his car in El Paso sometime between 9 p.m. and 10:30 p.m. Saturday.

He said he was forced to withdraw money from several ATMs.

Gallegos and Jones are expected to appear in U.S. District Court on Monday.

Charges are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

FBI, Other Law Enforcement to Search for Possible Victims of David Parker Ray

The FBI, New Mexico State Police, and Albuquerque Police will conduct a search around Elephant Butte Lake on Tuesday (October 11, 2011) to look for the remains of any possible victims of David Parker Ray.

Ray died in state prison in 2002 while serving a sentence of more than 223 years in connection with kidnapping and other charges involving two women who said he sexually tortured them at his residence near Elephant Butte Lake.

Numerous searches have been conducted over the years based on suspicions Ray may have killed several unidentified victims. Ray claimed to have abducted about 40 victims from several states.

No bodies have been found.

The latest search comes after new information was provided to authorities. No details about that information will be provided at this time.

As previously reported, the Albuquerque Police Department has an open case into the disappearance of Jill Troia, who was last seen the night of September 30, 1995, or early morning of October 1, 1995, at the Frontier Restaurant in Albuquerque.

Ray is suspected of having been involved in Troia’s disappearance and possible death.

Authorities are not saying at this time where they suspect Troia’s body might have been hidden.

The FBI, New Mexico State Police, and Albuquerque Police continue to work together to try to bring closure to the families and friends of missing persons who may have been Ray’s victims.

Anyone with information on possible victims, or who recalls seeing Ray in unusual areas or doing anything strange in the Elephant Butte vicinity, is asked to contact Albuquerque Police Detective Richard Lewis at 505-924-6095, or e-mail him at rlewis@cabq.gov.

Jerry Padilla, III Sentenced to 42 Months in Prison for Federal Narcotics Trafficking Convictions

Padilla, III Forfeits Interest in Residence and $441,008 in Cash

ALBUQUERQUE—Earlier today in federal court in Albuquerque, Jerry Padilla, III, 26, was sentenced to 24 months in prison for a cocaine trafficking conviction to be followed by an additional 18 months for a heroin trafficking conviction, for a total of 42 months of imprisonment. After completing his prison sentence, Padilla, III will be on supervised release for three years. Padilla, III also was ordered to forfeit his interest in the residential property located at 2121 Celeste Road SW in Albuquerque, as well as $441,008 in cash found buried in the residence’s back yard during execution of a federal search warrant in December 2009.

Padilla, III and his father, Jerry L. Padilla, Jr., 43, the alleged leaders of the Los Padillas Gang, were arrested on December 3, 2009 on a criminal complaint, and subsequently were indicted on December 16, 2009. According to the criminal complaint, Padilla, Jr., distributed cocaine to an informant who was working with the Federal Bureau of Investigation (FBI) and Albuquerque Police Department (APD) on three separate occasions in March 2009. Padilla, III participated in the third distribution. Padilla, III subsequently was charged with a heroin trafficking offense in a separate one-count indictment filed in March 2011. On May 12, 2011, Padilla, III pleaded guilty to the cocaine and heroin trafficking offenses.

His father, Padilla, Jr., pleaded guilty to three cocaine distribution counts on May 12, 2011, and was sentenced to a 74-month term of imprisonment on September 14, 2011. In a separate and unrelated case, Joseph Steven Padilla, the 21-year-old son of Padilla, Jr., and the brother of Padilla, III, entered a guilty plea to a heroin trafficking offense on August 24, 2011. Joseph Padilla is scheduled for sentencing on November 10, 2011.

United States Attorney Kenneth J. Gonzales said that the cases against Padilla, III, Padilla, Jr., and Joseph Padilla were investigated by the FBI and APD with assistance from the Drug Enforcement Administration, the New Mexico State Police, and the Bernalillo County Sheriff’s Office, and are being prosecuted by Assistant United States Attorneys Joel R. Meyers and Nicholas J. Ganjei.

Blas Gutierrez Enters Guilty Plea in New Mexico Federal Firearms Trafficking Case

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COLUMBUS, N.M. - United States Attorney John E. Murphy announced that 30-year-old Blas Gutierrez of Columbus, NM, pleaded guilty to federal charges in connection with a firearms trafficking investigation.

Appearing this morning before United States Magistrate Judge William P. Lynch in Las Cruces, New Mexico, Gutierrez pleaded guilty to one count of conspiracy, 17 counts of making false statements in the acquisition of firearms, and 19 counts of smuggling firearms from the United States.

As a result of his guilty plea, Gutierrez faces up to ten years in federal prison for each of the smuggling counts; up to five years in federal prison from the conspiracy charge as well as each of the false statement charges. Gutierrez remains in federal custody pending sentencing. No sentencing date has been scheduled.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), ICE Homeland Security Investigations (HSI) and the Drug Enforcement Administration (DEA) with assistance from the Comandante Chihuahua State Police in Palomas, Mexico and the Secretariat of Public Security in Juarez, Mexico. The U.S. Marshal’s Service, U.S. Border Patrol, U.S. Customs and Border Protection, New Mexico State Police, Las Cruces Police Department, El Paso Police Department as well as other federal, state and local law enforcement agencies also provided assistance during the investigation. The case is being prosecuted by Assistant United States Attorneys Greg McDonald and Steven Spitzer.

Two More Guilty Pleas Entered in Federal Firearms Trafficking Case in New Mexico

United States Attorney John E. Murphy announced that 40–year–old Alberto Rivera of Columbus, NM, and 22–year–old Eva Gutierrez of Las Cruces, NM, pleaded guilty to federal charges in connection with a firearms trafficking investigation.

Appearing today before United States Magistrate Judge William P. Lynch in Las Cruces, Rivera pleaded guilty to one count of conspiracy, nine counts of making false statements in the acquisition of firearms, and nine counts of smuggling firearms from the United States. Gutierrez pleaded guilty to one count of conspiracy, and one count of making false statements in the acquisition of firearms.

As a result of their guilty pleas, Rivera faces up to ten years in federal prison for each of the smuggling counts and up to five years in federal prison for each of the remaining counts; Gutierrez, up to five years in federal prison per count.

Rivera remains in federal custody. Gutierrez is currently out on conditions, and will continue the same after the plea. No sentencing date has been scheduled.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), ICE, Homeland Security Investigations (HSI) and the Drug Enforcement Administration (DEA) with assistance from the Comandante Chihuahua State Police in Palomas, Mexico and the Secretariat of Public Security in Juarez, Mexico. The U.S. Marshal’s Service, U.S. Border Patrol, U.S. Customs and Border Protection, New Mexico State Police, Las Cruces Police Department, El Paso Police Department as well as other federal, state and local law enforcement agencies also provided assistance during the investigation. The case is being prosecuted by District of New Mexico Assistant United States Attorneys Nathan Lichvarcik and Michael Nammar.

Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking Charges

LAS CRUCES—On July 6, 2011 in federal court in Las Cruces, Luis Omar Vielmas-Valdiviezo, 30, of Roswell, New Mexico, pled guilty to participation in a conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute under a plea agreement with the United States Attorney’s Office. Under the terms of his plea agreement, Vielmas-Valdiviezo will be sentenced to 10 years of imprisonment to be followed by at least five years of supervised release. Vielmas-Valdiviezo has been in custody since his arrest on January 27, 2011, and remains detained pending his sentencing hearing, which has yet to be scheduled.

United States Attorney Kenneth J. Gonzales said that Vielmas-Valdiviezo was arrested after officers of the New Mexico State Police and Lea County Drug Task Force found methamphetamine concealed in his car after stopping him for a traffic violation in Lovington, New Mexico. Court records reflect that Vielmas-Valdiviezo consented to a search of his car during the traffic stop and that the officers found two packages containing 485.11 grams of pure methamphetamine in the car’s air filter during their search of the car. Later that day, officers of the Chaves County Metro Narcotics Task Force and agents of the Federal Bureau of Investigation executed a state search warrant at Vielmas-Valdiviezo’s residence in Roswell and found another 456.85 grams of pure methamphetamine and $5,500 in cash.

During yesterday’s plea hearing, Vielmas-Valdiviezo admitted possession of the methamphetamine seized from his car and residence on January 23, 2011. Vielmas-Valdiviezo also admitted that selling methamphetamine to co-defendant Romulo Urias Bueno, 40, of Hobbs, New Mexico.

Urias Bueno pled guilty to conspiracy on June 6, 2011; he remains in custody pending his sentencing hearing, which has not yet been set. Another co-defendant, Blanca Dorado, 39, also of Hobbs, New Mexico, also pled guilty to conspiracy on June 6, 2011. Dorado remains on release under pretrial supervision pending her sentencing hearing, which has yet to be scheduled.

The case was investigated by the Federal Bureau of Investigation, New Mexico State Police, the Lea County Drug Task Force, the Chaves County Metro Narcotics Task Force and the Eunice Police Department and is being prosecuted by Assistant United States Attorney Jessica Cárdenas Jarvis.