1-18-2025 1:39pm

DOJ New Mexico District Weekly News Roundup January 16, 2025

Chris Edwards Editor

The Department of Justice New Mexico office released information on the most recent arrests, convictions and plea agreements for the week. Below is highlights of the most recent actions...

Guilty Plea in the death of New Mexico State Police Officer Justin Hare leads to life in prison for Jaremy Smith. Complete details can be found in our story linked at, Federal Guilty Plea Entered for Murder of New Mexico State Police Officer Justin Hare

In other DOJ actions this week:

A Farmington, New Mexico man has been sentenced to 25 years in prison for the 2021 murder of one woman and the serious injury of another on the Navajo Nation.

According to court documents, on September 5, 2021, Hanson Tsosie, 34, an enrolled member of the Navajo Nation, used a 12-gauge shotgun to fire multiple rounds into a group of individuals gathered around a tree in the yard of a residence near Nenahnezad, New Mexico, killing one woman and seriously injuring another.

Neither woman posed any threat to Tsosie; they were simply innocent bystanders caught in the crossfire of his violent actions. After the shooting, Tsosie fled approximately 46.1 miles to dispose of the vehicle he had been driving.

Upon his release from prison, Tsosie will be subject 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 Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorneys Mark A. Probasco and Matthew J. McGinley is prosecuting the case.

A New Mexico man pleaded guilty in California to setting on fire a San Bernardino County church and preschool last year while children and school employees were inside.

Jonathan A. Barajas Nava, 37, of Albuquerque, New Mexico, pleaded guilty to a single-count superseding information charging him with damage to religious property.

"This defendant's violent actions against a religious property put lives - including those of children - in danger," said United States Attorney Martin Estrada. "I commend our federal and local partners for working together to arrest and prosecute this individual, whose criminal acts could have caused a much larger tragedy."

According to his plea agreement, on April 24, 2024, Nava set fire to the Retreat Church and Yucaipa Christian Preschool in Yucaipa. Before setting the church on fire, Nava traveled to a nearby gasoline station and purchased a gasoline can and filled it with gasoline. He then traveled to the church with the can and poured the liquid on the church’s front door. Then, he used an open-flame device to set the area on fire.

The resulting fire damaged the church’s interior carpet, the doorframe seal, and an outdoor mat. Staff and children inside evacuated the building.

Nava then traveled to a nearby strip mall and set fire to the exterior wall, which resulted in no damage.

Nava admitted in his plea agreement that he set fire to the church because of its religious character.

Nava was arrested on April 24 and was charged in state court prior to a federal criminal case being brought against him.

United States District Judge John F. Walter scheduled a March 31 sentencing hearing, at which time Nava will face a statutory maximum sentence of 20 years in federal prison.

The Bureau of Alcohol, Tobacco, Firearms and Explosives; the California Department of Forestry and Fire Protection; and the San Bernardino County Sheriff’s Department investigated this matter.

Assistant United States Attorneys Austin D. Young and Peter Dahlquist of the Riverside Branch Office are prosecuting this case.

An Albuquerque man was sentenced to 25 years in prison for a violent crime spree that began with a double murder, after being convicted at trial of two counts of attempted carjacking, one count of carjacking, and the possession and use of a firearm during and in relation to a crime of violence.

At trial, the court heard evidence that on September 7, 2020, Dakota Briscoe, 38, used a tan handgun to commit a series of violent acts, including the double homicide of two victims whose bodies were discovered in a burning vehicle in the South Valley. Although the firearm was never recovered by law enforcement, witness testimonies confirmed that Briscoe was seen with the firearm, and multiple .45 caliber casings were recovered from the crime scenes.

Briscoe’s violent spree began with the double homicide, which led to his desperate attempts to evade capture through armed carjackings. Briscoetargeted vulnerable individuals, including women, brandishing his firearm during these incidents.

Briscoe successfully evaded arrest that day and was not apprehended until September 16, 2020. He was stopped at a United States Border Patrol checkpoint while driving a white commercial-style van that lacked a license plate or registration tag. During the encounter with USBP, Briscoe exhibited nervous behavior, avoided eye contact, and claimed he did not have identification.Briscoe provided agents with his brother's name, who had an active warrant issued in New Mexico for failing to appear. As a result, Briscoewas arrested and booked under his brother’s identity.

Upon his release from prison, Briscoe will be subject to four 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 FBI Albuquerque Field Office investigated this case with the assistance of the Albuquerque Police Department, Bernalillo County Sheriff’s Office, New Mexico State Police and U.S. Border Patrol. Assistant U.S. Attorneys Jaymie L. Roybal and Jon Stanford prosecuted the case.

A federal jury has convicted an Albuquerque man of assaulting a federal officer at the Cibola County Correctional Center in Milan, New Mexico, following a three-day trial that concluded after just over two hours of deliberation.

According to court documents per the release and evidence presented at trial, on November 15, 2022, Anthony Hernandez, who was in custody at the Cibola County Correctional Center awaiting trial for a federal firearms offense, attacked a security consultant contracted by CoreCivic, the company that manages and operates the Cibola County Correctional Center. The assault occurred during a routine inspection of Hernandez's cell.

Surveillance video captured Hernandez pushing open his unlocked cell door and launching an unprovoked attack on the victim. The security consultant, who was assisting with the cell inspection, suffered cuts, bruises, a concussion, and a broken nose that required surgery.

Following the verdict, the Court ordered that Hernandez remain in custody pending sentencing, which has not been scheduled. At sentencing, Hernandez faces up to 20 years in prison.

There is no parole in the federal system.

Hernandez was also convicted by a federal jury after trial in October of 2024 for being a felon in possession of a firearm in an unrelated offense.

Hernandez is currently under indictment for a second assault on a federal officer in March 2023, while being held at the Otero County Prison Facility.

U.S. Attorney Alexander M.M. Uballez and United States Marshal David Barnett made the announcement.

The U.S. Marshals Service investigated this case with the Albuquerque Police Department. Assistant United States Attorneys Maria Elena Stiteler and Kimberly Bell are prosecuting the case.

A Fruitland woman was sentenced to 33 months in prison for a violent incident that left her victim with serious head injuries in February 2023. On October 17, 2024, she pled guilty to both counts in the indictment, which charged her with two felonies—assault resulting in serious bodily injury and assault with a dangerous weapon.

According to court documents per a release, on February 21, 2023, Richelle Rose Upshaw, 24, an enrolled member of the Navajo Nation, and three other women embarked on a nearly 23-mile trek from the Journey Inn in Farmington to Upshaw’s trailer on the Navajo Nation. The group engaged in multiple physical fights with each other during their journey, reportedly fueled by alcohol consumption. Upon arrival at the trailer, tensions escalated when Upshaw demanded the other women leave. Upshaw then engaged in a fistfight with Jane Doe, which culminated in Upshawstabbing Doe in the head with her pocketknife.

Following the stabbing, Jane Doe was transported to the Northern Navajo Medical Center in Shiprock, where she was treated for serious injuries.

Upshaw fled the scene and was arrested later that day by officers from the Navajo Nation Police Department at a nearby residence, where officers noted a strong odor of alcohol on her.

Upon her release from prison, Upshaw 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 Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from Navajo Nation Police Department and Department of Criminal Investigations. Assistant United States Attorneys Zachary C. Jones and Meg Tomlinson are prosecuting the case.

A Church Rock man was sentenced to 264 months in prison after pleading guilty to multiple counts of sexual abuse involving three young victims, two of whom were under the age of 12 at the time of the offenses and one was under the age of 16.

According to court documents per the release , between January 2014 and December 2021, Nathaniel Luz, 32, and enrolled member of the Navajo Nation, engaged in sexual contact with two victims, both children who had not yet attained the age of 12 years.

In August 2022, Luz also engaged in a sexual act with a third victim, a child who had attained the age of 12 years but had not yet attained the age of 16 years.

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

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.

The Farmington Resident Agency of the FBI Albuquerque Field Office with assistance from the Navajo Police Department and the Navajo Department of Criminal Investigations investigated this case. This case is being prosecuted by Assistant U.S. Attorney Brittany DuChaussee as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, 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 Justice.gov/PSC.

A Belen couple were sentenced for stealing $10,420.63 from a general store on the Isleta Pueblo, after pleading guilty to federal theft charges involving a coordinated burglary captured on surveillance footage.

There is no parole in the federal system.

According to court documents per a release, on February 3, 2023, Frank Hernandez, 44, entered the business office of Chical Haystack, a general store located within the Isleta Pueblo, and stole $7,285.75 in cash and a check for $3,134.88 from the store’s safe.

His wife, Eva Hernandez, 46, acted as a lookout during the incident.

Surveillance footage showed Frank’s distinctive neck tattoo, which aided in his identification.

Following an anonymous tip on February 7, 2023, an Isleta Pueblo Criminal Investigator identified the suspects through social media and vehicle-registration searches. Frank and Eva Hernandez were arrested on February 13, 2024.

During police interviews, Frank Hernandez admitted to the theft, stating he used the money to purchase drugs. Eva Hernandez denied knowledge of the theft but admitted opiate use.

Frank Hernandez was sentenced to 257 days incarceration, followed by three years of supervised release. Mandatory conditions of Frank’s supervised release include substance-abuse treatment, mental-health treatment, community service, and full restitution to Chical Haystack. He cannot return to the Isleta Pueblo.

Eva Hernandez was sentenced to six months of home confinement with GPS monitoring. She will thereafter be under supervision for 2.5 years, with mandatory conditions to include substance-abuse treatment, community service, and full restitution to Chical Haystack. She cannot return to the Isleta Pueblo.

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

The Isleta Police Department investigated this case with assistance from the Belen Police Department. Assistant United States Attorney Zachary Jones and Brittany DuChaussee are prosecuting these cases.

And finally a New Mexico business owner has agreed to pay $3.2 million to resolve allegations that he violated the False Claims Act by misusing funds received through the Small Business Administration's Economic Injury Disaster Loan (EIDL) program, which was expanded under the Coronavirus Aid, Relief and Economic Security (CARES) Act.

The United States contends that Leonard Vandenberg, who owns and operates several restaurants in New Mexico and Texas, applied for and received three EIDL loans totaling $2,795,700.00 for his businesses. These loans were intended to be used for working capital and expenditures necessary to alleviate economic injury resulting from the COVID-19 pandemic. However, after receiving the funds, Vandenberg allegedly moved the majority of the money into his personal investment accounts.

As part of the settlement, Vandenberg will pay $3,281,825.62, of which $2,731,750.26 is restitution. This amount will be applied to the balances of the EIDL loans and associated advances. Additionally, Vandenberg has agreed not to seek any assistance or support from or participate in any Small Business Administration program for a period of five years.

The government’s investigation was led by Assistant United States Attorney Cassandra C. Currie and Auditor Phillip Stella.