8-18-2024 9:59am

U.S. Attorney ’s Office New Mexico News and Convictions Roundup for August 16th, 2024

Chris Edwards Editor

This week at the DOJ New Mexico office...

A Penasco man has been charged by federal prosecutors with second-degree murder in connection with a fatal stabbing in Taos County in 2022, with the case being prosecuted under a Department of Justice initiative focused on Missing or Murdered Indigenous Persons (MMIP).

Byron Sanchez, 47, an enrolled member of the Picuris Pueblo, appeared before a federal judge today and will remain in custody pending trial, which has not been scheduled.

The indictment alleges that on or about December 25, 2022, Sanchez killed John Doe with malice aforethought by stabbing Doe with a sharp object.

Sanchez will remain in custody pending a detention hearing and trial, which has not yet been scheduled.

If convicted, Sanchez faces any term of years up to life in prison for the murder charge.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement.

The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorney R. Eliot Neal is prosecuting the case.

This case is being prosecuted as part of the Department of Justice’s Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which aims to aid in the prevention and response to missing or murdered Indigenous people through the resolution of MMIP cases and communication, coordination, and collaboration with federal, Tribal, state, and local partners. The Department views this work as a priority for its law enforcement components. Through the MMIP Regional Outreach Program, a broad spectrum of stakeholders work together to identify MMIP cases and issues in Tribal communities and develop comprehensive solutions to address them. This prosecution upholds the Department’s mission to the unwavering pursuit of justice on behalf of Indigenous victims and their families.

View the Indictment

A Chaparral man was charged by criminal complaint for illegally stockpiling firearms and explosives in Las Cruces, New Mexico.

Frederick Urban, 76, appeared before a federal judge on August 12, 2024, and will remain in custody pending a detention hearing, which has not been scheduled.

According to the criminal complaint, on August 8, 2024, the ATF received a tip from a concerned citizen who provided evidence indicating that Urban, a previously convicted felon, was in possession of firearms. Following an investigation, which included reviewing photographs and videos provided by the concerned citizen, ATF agents confirmed the presence of numerous firearms at Urban's residence.

On August 10, 2024, ATF agents, supported by the New Mexico State Police and El Paso Police Department, executed a federal search warrant at Urban's residence. The search resulted in the recovery of numerous firearms, approximately 100,000 rounds of ammunition, large capacity magazines, and gunpowder. Additionally, triacetone triperoxide, an extremely volatile explosive, homemade detonators, blasting caps and gun powder, and other components of homemade bombs were found.

If convicted of the current charges, Urban faces 15 years in prison.

U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement.

The Las Cruces Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the New Mexico State Police, El Paso Police Department and FBI’s El Paso Field Office. Assistant United States Attorneys Ry Ellison and Mark Saltman are prosecuting the case.

Anyone with information regarding illegal firearms or explosives can submit an anonymous tip to the ATF by texting the code ATFPHO to 63975 and then following the link to create a report or by calling (602) 776-5400.

View the Criminal Complaint

A French national was sentenced to 111 months in federal prison for a series of armed robberies in Albuquerque on Halloween 2019.

There is no parole in the federal system.

According to court documents, on the morning of October 31, 2019, Mathis Laau, 26, entered the lobby of Motel 6 located at 13141 Central Ave. NE in Albuquerque. He pointed a firearm at a clerk and demanded money. The clerk gave Laau $300, and he left.

Later that same day, Laau entered the Circle K store at 5301 Wyoming Boulevard NE in Albuquerque carrying a purple and silver pistol. He pointed the gun at an employee and demanded cash from the register. After taking approximately $175 and several packs of cigarettes, Laau fled the scene in a waiting vehicle driven by his girlfriend.

Albuquerque Police Department detectives who had been surveilling Laau as a suspect in multiple prior robberies observed the robbery at Circle K and followed the vehicle. Laau and his girlfriend were arrested shortly after at the intersection of Louisiana Boulevard and Constitution Avenue. The stolen cash, cigarettes, and pistol were recovered from the vehicle.

Upon his release from prison, Laau will be subject to three years of supervised release, which will convert to unsupervised release if he is deported to France.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement.

The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Joseph M. Spindle prosecuted the case.

A Bloomfield man was charged by indictment with multiple counts of alleged sexual misconduct involving a minor that occurred in the Navajo Nation.

Donovan Pete, 43, an enrolled member of the Navajo Nation, appeared before a federal judge today and will remain on conditions of release pending trial, which has not been scheduled.

According to the indictment, between February 26, 2016, and February 27, 2016, and again between April 7, 2012, and April 6, 2014, Pete engaged in unlawful sexual acts and contact with Jane Doe, a minor, minor who was unable to consent and causing inappropriate contact with intent to gratify sexual desire.

If convicted, Pete faces any term of years and up to life in prison.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement.

The Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.

View the Indictment

An Las Cruces man was sentenced to 20 years in prison for conspiring with his cousin to distribute child pornography, following an extensive investigation that uncovered thousands of explicit images and videos of minors.

There is no parole in the federal system.

According to court document, between April 18, 2022, and April 24, 2023, Ryan Gallardo, 24, conspired with his cousin, Yamil Pillado, to send and receive videos depicting child pornography using various online platforms and cloud storage services. The two men exchanged thousands of files containing sexually explicit images and videos of minors, including content involving bestiality and sadomasochism.

In addition to trading child pornography, Gallardoand Pillado discussed prior sexual abuse of children and plans to sexually abuse and record minors that Gallardo had access to through relationships with others.

Pillado pled guilty to conspiracy to distribute and receive child pornography and was sentenced to more than 17 years in prison. Upon his release from prison, Pillado will be subject to 20 years of supervised release and must register as a sex offender.

Upon his release from prison, Gallardo will be subject to 25 years of supervised release and must register as a sex offender.

U.S. Attorney Alexander M.M. Uballez and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, made the announcement.

Homeland Security Investigations investigated this case with assistance from the El Paso Police Department, Internet Crimes Against Children Unit, New Mexico State Police and the Las Cruces Police Department. Assistant U.S. Attorneys Marisa A. Ong and A’Kiesha Soliman prosecuted the case.

A Bloomfield woman has been indicted on multiple counts for allegedly placing a child in a dangerous situation earlier this year.

Avondale Johnson, 30, an enrolled member of the Navajo Nation, appeared before a federal judge today and will remain in custody pending a detention hearing, which has not been scheduled.

According to the indictment, between March 1 and March 14, 2024, Johnson allowed a child under the age of 18 to be placed in a dangerous situation that could seriously harm the child's health and safety.

If convicted, Johnson faces five years in prison.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

View the Indictment

The United States Attorney's Office has filed federal charges against Zachary Babitz in connection with a fatal shooting and carjacking that occurred on August 6, 2024, in Santa Fe, New Mexico. The charges include carjacking and discharging a firearm in furtherance of a crime of violence.

Babitz, 38, appeared before a federal judge today and will remain in custody pending a detention hearing which is scheduled for August 20, 2024.

According to the criminal complaint, on the morning of August 6, Santa Fe Police Department (SFPD) officers responded to a call reporting a shooting in the parking lot of Best Buy, located at 3533 Zafarano Dr. Upon arrival, officers found a male victim with a gunshot wound to the chest. Despite life-saving efforts by medics, the victim was pronounced dead at the scene.

Witnesses provided cellphone videos and photographs of the incident, while surveillance footage from nearby businesses, including Famous Footwear and Panera Bread, captured the suspect, later identified as Babitz, approaching the victim and engaging in a physical altercation before the shooting. Babitz was seen leaving the scene in the victim's Jeep Grand Cherokee, which was later reported stolen.

Further investigation revealed that Babitz had absconded from probation and was identified by the Adult Probation and Parole Office as the individual in the photos disseminated to the public. According to APPO, on August 1, 2024, Babitzcut his electronic monitoring device off and left a note for law enforcement on the door of his residence in Edgewood, New Mexico. The note stated, “To Law Enforcement this needs to be very clear. My wife had absolutely no clue as to what I planned or am about to do. These were my decisions, and I hid them from her signed this day 8-1-24 10:55am Zachary Babitz.”

On August 10, 2024, Babitz was apprehended in Las Cruces, New Mexico, where a 9mm firearm was recovered. Testing is underway to determine if this weapon was used in the Santa Fe incident.

Babitz has a history of felony convictions, including armed robbery and carjacking, and was released from prison in March 2024.

The investigation is ongoing.

If convicted of the current charges, Babitz faces any term of years and up to life in prison.

U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Santa Fe Police Department, Albuquerque Police Department and Las Cruces Police Department. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.

View the Criminal Complaint

A criminal complaint or an indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.