El Paso Man Pleads Guilty to Las Cruces Bank Robbery

LAS CRUCES—U.S. Attorney Kenneth J. Gonzales announced that yesterday, Claudio Alberto Morales-Medrano, 39, of El Paso, Tex., pled guilty to an indictment charging him with bank robbery.

Morales-Medrano has been in federal custody since his arrest on August 27, 2011, and remains detained pending his sentencing hearing, which has not yet been set. At sentencing, Morales-Medrano faces a maximum penalty of 20 years’ imprisonment, three years of supervised release, and a $250,000 fine.

According to court documents, on August 27, 2010, at 10:30 a.m., Morales-Medrano walked into the Citizens Bank at 2841 N. Main Street in Las Cruces, N.M., and approached one of the bank tellers. Morales-Medrano pulled out what appeared to be a black gun, pointed the gun at the teller and said: “Give me the money.” The teller gave Morales-Medrano a large sum of money from her bank drawer, and Morales-Medrano put the money in a plastic bag and left the bank. A Las Cruces police officer stopped Morales-Medrano a short time later on East University in Las Cruces. Inside the car, officers found a black toy gun and a plastic bag containing cash.

This case was investigated by the Federal Bureau of Investigation and the Las Cruces Police Department, and is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Nathan J. Lichvarcik.

Murder Suspect Arrested

Alamogordo, NM - On December 14, 2011 Deputies and Task Force Officers with the United States Marshals Service Southwest Investigative Fugitive Team (SWIFT Task Force) arrested Edward Broussard. Broussard was wanted in connection to a November shooting in Houston, TX which left one man dead and another seriously injured. Edward along with his brother Darrell Broussard are both charged in Texas for Capital Murder and Aggravated Assault with a deadly weapon.

On December 13, 2011, Deputies with the US Marshals Service SWIFT Task Force received information that Edward Broussard was hiding in the Alamogordo area. In the early morning hours of December 14, 2011, the US Marshals Service along with task force officers from the Las Cruces Police Department, the Otero County Sheriff's Department and the Alamogordo Department of Public Safety were able to apprehend Broussard without incident. Darrell Broussard is still believed to be in the Houston area hiding.

More Guilty Pleas Entered in New Mexico Federal Firearms Trafficking Case

United States Attorney John E. Murphy announced that six more defendants have pleaded guilty this week to federal charges in connection with the Columbus, New Mexico firearms trafficking investigation.

Appearing before United States Magistrate Judge William P. Lynch in Las Cruces, New Mexico:

•Vicente Carreon, age 27, of Columbus, pleaded guilty this morning to one count of conspiracy and one count of smuggling firearms into the United States. As a result, Ortega faces up to ten years in federal prison on the smuggling charge; up to five years in federal prison on the conspiracy charge.

•Ian Garland, age 50, a federally licensed firearms dealer who did business as Chaparral Guns in Chaparral, New Mexico, pleaded guilty yesterday to one count of conspiracy and six counts of making false statements in the acquisition of firearms. As a result, Garland faces up to five years in federal prison per count. Garland remains in federal custody.

•Manuel Ortega, age 25, a resident of Palomas, Mexico, pleaded guilty on Wednesday to one count of conspiracy and one count of smuggling firearms into the United States. As a result, Ortega faces up to ten years in federal prison on the smuggling charge; up to five years in federal prison on the conspiracy charge.

•Miguel Carrillo, age 30, of Columbus, pleaded guilty on Tuesday to one count of conspiracy, two counts of making false statements and two counts of smuggling firearms from the United States. As a result, Carrillo faces up to ten years in federal prison for each smuggling count; up to five years in federal prison on each of the remaining counts.

•Brenda and David Christy, age 54 and 55, respectively, of Deming, New Mexico, pleaded guilty on Tuesday to one–count Informations charging them with making a false statement to a federally licensed firearms dealer. As a result, Brenda and David Christy face up to five years in federal prison.

To date, ten individuals have pleaded guilty to federal charges in connection with this investigation. No sentencing dates have 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.

Federal, State, and Local Law Enforcement Round Up Barrio Azteca Members

Racketeering Charges Allege Responsibility for Murder of a U.S. Consulate Employee in Juarez on March 13, 2010

United States Attorney John E. Murphy and FBI Special Agent in Charge David Cuthbertson announced the arrests of 12 members and associates of the Barrio Azteca criminal organization based on federal racketeering charges which allege acts of kidnapping, extortion, drug distribution, and murder including the slaying of a U.S. Consulate employee, her husband, and the husband of another U.S. Consulate employee in Juarez last year.

A superseding federal grand jury indictment, returned on March 2, 2011, and unsealed today, charges those arrested today, 16 other individuals already in custody (seven in the U.S., nine in Mexico) and seven fugitives (see below list) with violating the Racketeering Influenced and Corrupt Organization, or RICO, statute. The indictment alleges that since January 2003, the defendants have conspired to carry out the mission of the Barrio Azteca criminal organization through the smuggling and distribution of heroin, cocaine, and marijuana; robbery; extortion; firearms trafficking; money laundering; obstruction of justice; witness retaliation; and numerous acts of violence, including kidnapping and murder, in the U.S. as well as in the Republic of Mexico.

According to the indictment, the Barrio Azteca, which began in the 1980s as a violent prison gang and has expanded into a transnational criminal organization, is primarily based in West Texas; Juarez, Mexico; and throughout state and federal prisons in the U.S. and Mexico. To increase its power and influence, the indictment alleges that the Barrio Azteca formed an alliance with the Vicente Carrillo-Fuentes (VCF) drug trafficking organization in Mexico. As part of this alliance, the indictment alleges, the Barrio Azteca conducts enforcement operations against VCF rivals in return for which VCF pays the Barrio Azteca or provides them with illegal drugs at discounted prices.

The indictment alleges that defendants Enrique Lopez, Jose Acosta, Eduardo Ravelo, Luis Mendez, Arturo Castrellon, Ricardo De la Rosa, Jose Diaz, Martin Marrufo, Luis Hernandez, and Miguel Nevarez conspired to cause the deaths of three individuals with ties to the U.S. Consulate in Juarez, Mexico. On March 13, 2010, 25-year-old Leslie Ann Enriquez Catton, a U.S. citizen and employee of the U.S. Consulate; her husband, 30-year-old Arthur Redelfs, a detention officer with the El Paso County Sheriff’s Office; and 37-year- old Jorge Alberto Salcido Ceniceros, a citizen of Juarez whose wife also worked at the U.S. Consulate, were all tragically gunned down in Juarez, Mexico.

“The vicious murders of Leslie Enriquez, her husband Arthur Redelfs, and Jorge Salcido illustrate how far- reaching and senseless the violence perpetrated by the drug cartels and their affiliated criminal gangs has become. Our hearts go out to the families of these three innocent victims, as well as thousands of others, who have suffered tragic losses for which there can be no reparation. The indictment reflects our resolve to vigorously pursue those responsible for these wanton acts and hold them accountable under the rule of law,” stated United States Attorney John E. Murphy.

In addition to the consulate murders, the indictment alleges that in December 2006, a Barrio Azteca member shot and killed Jose Luis Oviedo in El Paso. In 2007, Barrio Azteca members allegedly kidnapped a man in El Paso and took him across the U.S./Mexico border to Juarez. In March 2008, the Barrio Azteca allegedly ordered the murder of Barrio Azteca member David Merez, who was killed that same month in Juarez. The indictment also alleges that the Barrio Azteca caused two persons to be shot and killed in Socorro, Texas, on July 2, 2009. According to the indictment, in August 2010, Barrio Azteca members kidnapped the wife and parents of a Barrio Azteca member whom they believed was cooperating with U.S. law enforcement, and also killed the Barrio Azteca member’s stepdaughter.

The indictment further charges that the Barrio Azteca also profits by importing heroin, cocaine, and marijuana into the United States from Mexico. The indictment points to specific acts in which more than eight kilos of heroin, more than 100 kilograms of cocaine, and nearly 300 pounds of marijuana are associated with the possession, distribution, or importation of controlled substances into the United States.

“Today’s unsealed charges and arrests signal an important milestone in our efforts to seek justice for the families of Leslie Ann Enriquez Catton, Arthur Redelfs, and Jorge Alberto Salcido Ceniceros. Almost one year ago today, our nation was shocked by the brutal murder of these innocent individuals, who were United States Consulate employees and their family members, to include an El Paso County Sheriffs Detention Officer. Today’s charges and arrests also seek to further disrupt the criminal activities of the Barrio Azteca Gang, whose members, the indictment alleges, are responsible for carrying on a pattern of racketeering activity in both the United States and Mexico, and who are responsible for the March 13, 2010 murders in Ciudad Juarez. Today’s events would not have been possible without the dedicated efforts of the entire El Paso law enforcement community and without the cooperation of our Mexican counterparts,” stated David Cuthbertson, Special Agent in Charge, Federal Bureau of Investigation, El Paso Division.

Ravelo, who is currently one of the FBI’s Top Ten Most Wanted Fugitives, Hernandez, and Mendez are currently at large. The United States has filed provisional arrest warrants with the government of Mexico for the arrest of these men in connection with this case.

Upon conviction, each defendant faces up to life in federal prison. It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt.

The case is being prosecuted by Trial Attorneys Joseph A. Cooley of the Criminal Division’s Gang Unit, Trial Attorney Brian Skaret of the Criminal Division’s Human Rights and Special Prosecutions Section. The U.S. Attorney’s Office for the District of New Mexico provided significant assistance in this case. Valuable assistance was provided by the Criminal Division’s Offices of International Affairs and Enforcement Operations. U.S. and Mexican law enforcement authorities have cooperated and provided extensive assistance to one another in this ongoing matter.

The case was investigated by the FBI and the DEA. Special assistance was provided by 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; West Texas High Intensity Drug Trafficking Area (HIDTA), U.S. Probation Service, El Paso Independent School District Police Department; Texas Alcohol and Beverage Commission; New Mexico State Police; Dona Ana County (NM) Sheriff’s Office; Las Cruces (NM) Police Department, Southern New Mexico Correctional Facility and Otero County (NM) Prison Facility. The Government of Mexico also cooperated and provided assistance in the investigation of this case.

Former State Official Pleads Guilty to Federal Child Pornography Offense

ALBUQUERQUE—This morning, Cedar Crest resident Wayne Shirley, a 58-year old attorney who served as the chairman of the New Mexico Public Utilities Commission under Governor Gary Johnson, entered a guilty plea to receipt of visual depictions of minors engaged in sexually explicit conduct before Chief United States Magistrate Judge Richard L. Puglisi. Shirley was remanded into the custody of the United States Marshals Service after he entered his guilty plea. At sentencing, which has yet to be scheduled, Shirley faces a sentence of not less than five years and not more than 20 years’ imprisonment, a maximum $250,000 fine, and up to a lifetime term of supervised release. Shirley also will be required to register as a sex offender when he completes his prison sentence.

United States Attorney Kenneth J. Gonzales said that Shirley was arrested on a federal criminal complaint filed as part of Operation Predator. Operation Predator was an investigative effort by state and local law enforcement affiliates of the New Mexico Internet Crimes Against Children (ICAC) Task Force aimed at identifying individuals throughout New Mexico involved in the distribution, receipt, and possession of child pornography through peer-to-peer file sharing programs. Twenty-two search warrants were executed and eight defendants were arrested in late September 2010 as a result of Operation Predator.

On October 27, 2010, a federal grand jury returned a six-count indictment charging Shirley with one count of distribution and attempted distribution of child pornography; two counts of receipt of child pornography; and three counts of possession of child pornography. During today's plea hearing, Shirley entered a guilty plea to count two of the indictment, charging him with receipt of child pornography, under a plea agreement with the United States Attorney's Office.

In his plea agreement, Shirley acknowledged that, on September 22, 2010, investigators with the ICAC Task Force executed a search warrant at his residence and seized his computers and computer-related media. The search warrant was based on information obtained during an undercover operation by the New Mexico State Police aimed at identifying individuals who possess, receive, and/or distribute child pornography. The plea agreement states that Shirley voluntarily submitted to a tape-recorded interview with ICAC Task Force investigators during which he admitted to downloading images and videos of child pornography by using peer-to-peer file-sharing programs for the past two to three years. Shirley admitted that he subsequently participated in a second recorded interview which was conducted at his request. During that second interview, Shirley admitted that he possessed child pornography images and videos for the past five years and that he saved those images in his computer. At the time of his recorded interview and again in his plea agreement, Shirley admitted knowing that it was illegal to receive and possess child pornography.

In his plea agreement, Shirley acknowledged that a forensic examination of his computers and computer-related media uncovered 80 image files and 90 video files of child pornography. Shirley's plea agreement graphically describes the five-segment video of child pornography at issue in count two, the crime to which Shirley entered a guilty plea and which involves a child, "Vicky," who has been identified and rescued since the video was produced.

According to the plea agreement, Shirley also acknowledged that the National Center for Missing and Exploited Children determined that the child pornography images found on his computers and computer-related media included 51 images of six children who have been identified as child pornography victims and have been rescued, and 19 videos of 18 children who have been identified as child pornography victims and have been rescued. Shirley has agreed to pay $500 in restitution to the victim who was sexually abused and violated in the video at issue in count two of the indictment.

The case is being prosecuted by Assistant United States Attorney Charlyn E. Rees and was investigated by the New Mexico State Police, Homeland Security Investigations of U.S. Immigration and Customs Enforcement, and other agencies that participate in the ICAC Task Force. The law enforcement agencies that participated in Operation Predator include: Albuquerque Police Department, Farmington Police Department, Federal Bureau of Investigation, Immigration and Customs Enforcement, Las Cruces Police Department, New Mexico Attorney General's Office, New Mexico State Police, Rio Rancho Police Department, Santa Fe Police Department, the United States Marshal's Office in Las Cruces, the First Judicial District Attorney's Office, the Fifth Judicial District Attorney's Office, and the Eighth Judicial District Attorney's Office.

Operation Predator 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 www.projectsafechildhood.gov.

Operation Predator also was brought as part of the New Mexico ICAC Task Force whose mission it is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 61 federal, state, and local law enforcement agencies associated with Task Force, which is funded by a grant administered by the New Mexico Attorney General's Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.