8-26-2024 10:13am

U.S. Attorney ’s Office New Mexico News and Convictions Roundup for Week Ending August 25th, 2024

Chris Edwards Editor

A Las Cruces man was sentenced to 52 months in prison following his conviction for possessing a pipe bomb and ammunition near a church playground.

There is no parole in the federal system.

According to court documents per a DOJ release , on May 31, 2023, Nathan Wallace, 41, was observed in the children’s playground of East Mesa Baptist Church. Wallace was arrested by the Doña Ana County Sheriff's Department after being found in possession of a destructive device and ammunition. Upon questioning, he admitted to possessing a metal pipe containing gunpowder, which was later confirmed to be an operational pipe bomb.

The device was seized by law enforcement and analyzed by a bomb technician, who discovered a fuse inside. Additionally, a search of Wallace's belongings revealed a 20-gauge Winchester AA High Strength shotgun shell, a motion sensor, two cell phones, and various modified batteries and wires, indicating potential explosive device components.

Wallace is prohibited by federal law from handling or possessing firearms or ammunition due to his previous felony convictions, which include multiple counts of forgery and possession of explosive devices.

In his plea agreement per the DOJ release , Wallace admitted to knowingly possessing ammunition after being convicted of multiple felonies punishable by imprisonment exceeding one year.

Upon his release from prison, Wallace will be subject to three years of supervised release.

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

The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Dona Ana County Sheriff’s Office. Assistant United States Attorneys Ry Ellison and Christopher McNair prosecuted the case.

A Shiprock man has pleaded guilty in federal court to a single assault charge related to a brutal attack that left his victim with life-threatening injuries.

According to court documents released by the DOJ, on January 1, 2024, Tyrell Jordan Benally, 25, an enrolled member of the Navajo Nation, assaulted Jane Doe at a residence in Shiprock, New Mexico, by repeatedly striking her with a closed fist and strangling her until she lost consciousness. The assault caused Jane Doe to suffer serious bodily injury, including life-threatening injuries from the strangulation.

At sentencing, Benally faces up to 10 years in prison followed by up to three years of supervised release.

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

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. The United States Attorney’s Office for the District of New Mexico is prosecuting the case.

A Church Rock man has pleaded guilty in federal court in federal court to charges related to attack on law enforcement officers on the Navajo Nation.

According to court documents per the DOJ release, in the early morning of July 22, 2023, the Navajo Police Department (NPD) received reports of a man identified as Elijah Touchine, 24, an enrolled member of the Navajo Nation, walking near his residence, shooting a gun, and threatening to hurt someone. Officers from the NPD and New Mexico State Police responded to the area and came under fire from an unknown direction, prompting them to take tactical action to protect themselves. Law enforcement could hear the bullets whizzing past and striking the ground nearby. They pursued the shooter into a canyon but had to discontinue the search after twelve hours due to dark conditions.

Later that day, the FBI, with assistance from the Gallup Police Department, located Touchine at a local gun store in Gallup, NM. He was taken into custody without incident. During the investigation, it was determined that Touchine had forced his grandmother to purchase ammunition and an AR-15 firearm for him through threats of violence. When asked why he was buying a gun, Touchine replied, “I don’t know, shoot up any cop I see.”

Law enforcement recovered a .40 caliber Taurus handgun and ammunition in a black bag from the trunk of his grandmother’s vehicle.

At sentencing, Touchine faces 12 to 17 years in prison. Upon his release from prison, Touchine will be subject to up to five years of supervised release.

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

The Gallup Resident Agency of the Federal Bureau Investigation investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigation, New Mexico State Police and Gallup Police Department. Assistant United States Attorney Nicholas Marshall is prosecuting the case.

Criminal Investigation, New Mexico State Police and Gallup Police Department. Assistant United States Attorney Nicholas Marshall is prosecuting the case.

A Dulce man has been sentenced to 30 years in prison following a trial where evidence revealed that between January 2016 and January 2020, Joel Ruiz, 65, used candy to lure two children under the age of 12 into his trailer on the Jicarilla Apache Reservation, where he sexually assaulted them.

There is no parole in the federal system.

During the trial, Jane Doe 1 testified that Ruiz abused her when she was six or seven years old. The jury also heard from Jane Doe 2, who testified that Ruizabused her once when she was three or four years old. Both victims described similar methods used by Ruiz to lure them and the abuse they suffered.

Upon his release from prison, Ruiz will be subject to l0 years of supervised release.

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

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Jicarilla Apache Police Department. Assistant United States Attorneys Caitlin L. Dillon and Matthew J. McGinley prosecuted the case.

A Bloomfield man pleaded guilty in federal court to charges related to a July 4th domestic abuse incident.

According to publicly available court documents, on July 4, 2024, Deshaun Begay, 20, an enrolled member of the Navajo Nation, repeatedly assaulted Jane Doe by biting, punching and kicking her, and using dog leash, a dumbbell and a chain with a lock on it. As a result of the assault, the victim suffered serious bodily injuries, including scalp lacerations and fractures to her nasal bone and eye socket.

The Court ordered that Begay remain in custody pending sentencing, which has not been scheduled.

At sentencing, Begay faces up to 10 years in prison followed by to three years of supervised release.

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

The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department, the Navajo Nation Department of Criminal Investigations. Assistant United States Attorney Mark A. Probasco is prosecuting the case.

View the Plea Agreement

An Albuquerque man pleaded guilty in federal court to mail and wire fraud charges stemming from a scheme exploiting CARES Act provisions.

According to publicly available court documents, between April 2020 and October 2020, Pholopater Faltas, 26, submitted fraudulent unemployment insurance applications to the New Mexico Department of Workforce Solutions in the names of at least eight individuals. To that end, Faltas solicited personally identifying information from these individuals, falsely promising to access benefits on their behalf. The fraudulent applications contained materially false statements to ensure approval and allowed Faltas to control the disbursed funds.

As a result of this scheme, the New Mexico Department of Workforce Solutions disbursed at least $66,867 in unemployment benefits, which Faltas controlled through debit cards and bank accounts. Faltas misled the purported applicants about their eligibility and retained the majority of the funds for himself.

In his plea agreement, Faltas acknowledged that the offenses were related to the federal CARES Act, enacted in response to the COVID-19 pandemic, and involved the use of interstate mailings and wire communications.

The Court ordered that Faltas remain on conditions of release pending sentencing, which has not been scheduled.

At sentencing, Faltas faces up to 30 years in prison followed by to five years of supervised release and a fine not to exceed $1 million.

U.S. Attorney Alexander M.M. Uballez made the announcement.

The United States Secret Service - Albuquerque Resident Office and the Bernalillo County Sheriff’s Office investigated this case with assistance from the Department of Labor – Office of the Inspector General. The U.S. Attorney’s Office for the District of New Mexico prosecuted the case.

View the Plea Agreement