U.S. Attorneys Office Recent Plea Agreements, Arrests and Prosecutions for Week Ending 10-25-24

United States Attorney Alexander M.M. Uballez announced that Assistant United States Attorneys (AUSAs) Jeremy Peña and Sean Sullivan will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSAs Peña and Sullivan have been appointed to serve as the District Election Officers for the District of New Mexico, and in that capacity are responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.

“Our vote is our voice. That is why the Department of Justice will ensure every citizen can vote without interference or discrimination and have that vote counted in a fair and free election,” said U.S. Attorney Uballez. “Similarly, elections do not run themselves. We will protect our election officials and staff from interference and unlawful threats of violence. The Department will ensure that those who are entitled to the franchise can exercise it, and that those who seek to corrupt it are brought to justice.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).

“The vote is the cornerstone of American democracy,” continued U.S. Attorney Uballez. “And ensuring free and fair elections depends on you. If you have specific information about voting rights concerns or election fraud, call us.”

Members of the public can reach AUSA Peña at (505) 269-2038 and AUSA Sullivan at (505) 350-3153 any time the polls are open in New Mexico.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The FBI can be reached by the public at 1-800-CALL-FBI or tips.fbi.gov.

Finally, complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

A guilty plea as reported by the DOJ, a Fruitland woman pleaded guilty in federal court to two counts of felony assault for assaulting and seriously injuring another woman with a pocketknife.

According to court documents, on February 21, 2024, Richelle R. Upshaw, 24, an enrolled member of the Navajo Nation, assaulted Jane Doe with a knife (considered a “dangerous weapon” under federal law), and that assault resulted in serious bodily injury to Doe’s head and face.

At sentencing, Upshaw faces up to 20 years in prison. Upon her release from prison, Upshaw will be subject to up to three years of supervised release. She must also make criminal restitution to the victim of her stabbing.

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 Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant United States Attorney Zachary C. Jones is prosecuting the case.

Via the DOJ a Mescalero man was sentenced to 64 months in federal prison for strangling his wife.

According to released documents, Fulton C. Potter, 30, an enrolled member of the Mescalero Apache Tribe, strangled his wife on November 24, 2023.

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

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

The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the cas

An Alamogordo man was sentenced to 72 months in federal prison for providing the modified shotgun used to shoot and kill an Alamogordo Police Officer.

There is no parole in the federal system.

According to release documents, Jonah Apodaca, 31, provided a “sawed-off” shotgun to Dominic Cruz De La O which he is accused of later using to shoot and kill Alamogordo Police Officer Anthony Ferguson on July 16, 2023. Apodaca’s DNA was located on the shotgun shell recovered from the chamber of the shotgun and ammunition from the magazine tube.

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

De La O was charged with possession of a firearm not registered with the National Firearm Registration and Transfer Record and possession of a firearm not identified by a serial number. De La O remains in custody pending federal trial which is currently scheduled to begin February 26, 2025 and goes to state trial on murder charges in Alamogordo on November 4th, 2024. 

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 Alamogordo Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.

A Mescalero man was sentenced to 46 months in federal prison for the repeated stabbing of a woman on the Mescalero Apache reservation.

According to release documents, on May 18, 2023, Lestat Cree Valdez, 21, an enrolled member of the Mescalero Apache tribe, straddled Jane Doe and stabbed her repeatedly in the head, face, and chest with a knife, with the intent to cause bodily harm. As a result of the assault, Jane Doe suffered serious bodily injury.

Upon his release from prison, Valdez 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 Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement.

This case was investigated by the Las Cruces Resident Agency of the Federal Bureau Investigation with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Joni Autrey Stahl is prosecuting the case.

A Mescalero man has been charged by criminal complaint with multiple counts of sexual abuse for sexually assaulting a 15-year-old girl.

Thomas Lee Chaffins, 35, an enrolled member of the Mescalero Apache Tribe, appeared before a federal judge on October 10 and was detained pending trial.

According to the criminal complaint informational release, on September 27, 2024, Chaffins engaged in sexual acts with a 15-year-old girl, identified as Jane Doe. At 15 years old, Jane Doe was legally unable to consent to sexual activity with the 35-year-old Chaffins. Additionally, Jane Doe was reportedly too intoxicated to recall details of the assault, further rendering her incapable of consent.

If convicted, Chaffins faces 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 Las Cruces Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorneys Matilda McCarthy Villalobos and Alyson Hehr are prosecuting the case.

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

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