TWO CHARGED IN ARIZONA WALLOW FIRE

PHOENIX – Two cousins have been charged for causing a fire that burned more than 538,000 acres in Arizona and part of Western New Mexico before it was contained. Caleb Joshua Malboeuf, 26, of Benson, Ariz.; and David Wayne Malboeuf, 24, of Tucson, Ariz., were charged in connection with the Wallow Fire, which started on May 29, 2011, in the Apache Sitgreaves National Forest. They are scheduled to make an initial appearance in federal court in Flagstaff, Ariz. on September 19, 2011.

The fire, fueled by dry and windy conditions, destroyed 32 residential structures, four commercial structures and 36 outbuildings and cost over $79,000,000 to fight. Both defendants were charged with five counts: Causing Timber to Burn, Leaving a Fire Unattended and Unextinguished, Leaving a Fire Without Completely Extinguishing It, Causing and Failing to Maintain Control of a Fire and Building a Campfire Without Removing All Flammable Material From Around the Campfire Adequate to Prevent its Escape.

“Our national forests are among our most precious resources and we all have a responsibility to care for them when we visit,” stated U.S. Attorney Dennis K. Burke of the District of Arizona.”This devastating fire destroyed pristine national forest, scenic wilderness, and numerous nearby homes and cabins. Its cost for future generations goes well beyond the resources used to fight it.”

Investigation into the source and origin of the Wallow Fire indicated that the fire started when an unattended and unextinguished campfire in the Bear Wallow area spread out of its fire ring and quickly spread in high winds after Caleb and David Malboeuf had gone on a hike. Upon noticing smoke from the direction of their campsite, the cousins attempted to get back to their campsite where they had left their gear. As they got closer, the smoke and flames became too intense, and they were forced to retreat.

The U.S. Attorney’s Office and U.S. Forest Service are in the process of contacting victims of the fire. Victims may also call 1-800-800-2570 or email usaaz.victimassist@usdoj.gov for further information.

A conviction for each of the offenses charged in the complaint carries a maximum penalty of six months in prison, a $5,000 fine or both. A criminal complaint is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The investigation in this case was conducted by the U.S. Forest Service, with assistance from the Apache County Sheriff’s Office and the Arizona Department of Public Safety. The prosecution is being handled by Assistant U.S. Attorney Patrick Schneider, District of Arizona, Flagstaff.

CASE NUMBER:      11-04234-M

FUGITIVE WANTED FOR MURDER EXTRADITED TO MEXICO

PHOENIX – Carlos Arguelles Valencia, 48, of Navojoa, Sonora, Mexico was ordered extradited to Mexico by U.S. Magistrate Judge Edward C. Voss on August 10, 2011, to face charges of intentional homicide and felony assault. He was held in federal custody without bond following his arrest by Deputy U.S. Marshals in Coolidge, Ariz., on June 9, 2011, prior to his extradition to Mexico.

“This successful extradition is another example of the collaborative efforts between Mexico and the United States to ensure that a violent criminal is brought to justice,” stated U.S. Attorney Dennis K. Burke. “The District of Arizona will not be a safe haven for fugitives who think they can hide to avoid prosecution.”

Based on official extradition documents provided to the United States government by Mexico through diplomatic channels, the extradition request noted that on July 1, 2006, in the town of Bacame Nuevo, Sonora, Mexico, Arguelles used a gun to shoot two brothers following a fight between the brothers and members of Arguelles’ family. One victim survived his gunshot wounds. The second victim died as a result of multiple gunshot wounds. Eyewitnesses described seeing Arguelles shoot both victims from his truck following a graduation dance held in the town of Bacame Nuevo. Arguelles fled the scene, and lived in Coolidge, Ariz., until his arrest by the U.S. Marshals Service.

The extradition was handled by Assistant U.S. Attorney Jonell L. Lucca, District of Arizona, Phoenix, on behalf of the Mexican government, with the assistance of the U.S. Marshals Service, the Department of Justice’s Office of International Affairs and the U.S. Department of State. The Coolidge Police Department provided assistance to the U.S Marshals Service in Arizona.

CASE NUMBER:            CR-11-07315M-ECV    

COMMMENT: This is one of those stories where there is probably a lot more to it…but the public will never know the whole story.

First, Mexico refuses to extradite people from their country to the US when the criminal being sought may face the death penalty here.

Mexico doesn’t like the death penalty which is maybe why they have such a high murder rate in Juarez.

Anyway, it is a good deal for a Mexican who kills someone in the US to flee to Mexico…and if he is caught in Mexico…he can only be extradited if the US agrees to waive the death penalty.

From my personal experience on the border, an extradition like this is not a unilateral event. Very likely a deal got cut whereby Mexico agreed to toss a criminal the US wanted back our way in exchange for Mr. Arguelles Valencia.

For a long time Mexico frustrated US law enforcement refusing to extradite anyone sought for a crime in the US that had fled to Mexico.

Things have obviously improved whereby Mexico is booting out criminals we want….but they escape the death penalty as a result of being sent back here to face as much justice as Mexico will allow us to have.

The missing bandits who murdered Border Patrol agent Brian Terry apparently fled to Mexico through some of that unsecured border where protecting lzards is more important that publkic safety.

The US probably knows who Terry’s murderers are.

One of these days maybe the Mexican authorities will catch them and offer them back to the US…minus the death penalty risk.

MAN INDICTED FOR EXTORTING OWNER OF GUERO CANELO RESTAURANTS

TUCSON, Ariz. – Eduardo A. Sabori, 35, of Tucson, Ariz., was indicted on Wednesday for six counts of Interfering with Commerce by Threats or Violence, a federal offense, in violation of 18 U.S.C. § 1951(a).

Sabori first delivered a threatening ransom letter to the owner of the three Guero Canelo restaurants on July 9, 2011. In the letter he demanded $600,000 by midnight, Wednesday, July 13, 2011. Over the next few days, Sabori delivered several more letters with specific instructions and threats of disruption of the restaurants, physical harm to the owner, his family, and employees of his restaurants. Sabori was arrested on July 13, 2011 and remains in custody. A trial date is set for October 4, 2011.

A conviction for Interfering with Commerce by Threats or Violence carries a maximum penalty of up to 20 years in prison, a $250,000 fine, or both. In determining an actual sentence, the assigned District Court Judge will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that established guilt beyond a reasonable doubt.

The investigation in this case was conducted by members of the Tucson FBI office. The prosecution is being handled by Micah Schmit, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER: CR-11-2285-JCG-GEE
RELEASE NUMBER: 2011-173 (Sabori Indictment)

# # #

strong>TWO FEDERAL PAROLEES RECEIVE OVER 7 YEARS IN PRISON FOR ILLEGAL REENTRY
TUCSON, Ariz. – Oscar Jimenez-Lopez, 37, of Zacapa, Zacapa, Guatemala, and Jose Chavez-Torres, 33, of Santiago, Durango, Mexico, were each sentenced in Tucson last week to over seven years in federal prison for illegal reentry after deportation and violating their supervised release in the U.S. District Court in Laredo, Texas. Jimenez-Lopez was sentenced to 95 months in prison by U.S. District Judge J Frederick Motz on August 1, 2011, and Chavez-Torres was sentenced to 88 months in prison by U.S. District Court Judge Ivan Lemelle on August 3, 2011. 

Jimenez-Lopez was arrested on April 21, 2009, by the U.S. Border Patrol agents in South Tucson, Arizona. He pleaded guilty on February 18, 2011, to illegal reentry after deportation, and also admitted that this arrest violated his supervised release for a prior illegal reentry case in the U.S. District Court for the Southern District of Texas (Laredo). Jimenez-Lopez was previously convicted of burglary, theft and assault in the state of Texas dating back to 1991, and illegal entry, followed by illegal reentry in U.S. District Court in Laredo, Texas, for which he had just completed a 72 month sentence four months before being arrested in South Tucson. Judge Motz sentenced Jimenez-Lopez to 77 months in prison for the new illegal reentry conviction, and imposed an additional 18 months consecutive imprisonment for the supervised release violation.

Chavez-Torres was arrested on December 7, 2010, by Customs and Border Protection Officers at the DeConcini Port of Entry in Nogales, Arizona, while trying to the enter the United States using a false document. He pleaded guilty on January 5, 2011, to attempted illegal reentry after deportation, and also admitted that this arrest violated his supervised release for a prior illegal reentry case in the U.S. District Court for the Southern District of Texas (Laredo). Chavez-Torres was previously convicted of attempted robbery, second degree in the state of California, reentry after deportation in U.S. District Court in Los Angeles, California, and reentry after deportation in U.S. District Court in Laredo, Texas where he had most recently been sentenced to 46 months imprisonment. Judge Lemelle sentenced Chavez-Torres to 80 months in prison for the new illegal reentry conviction, and imposed an additional 8 months consecutive imprisonment for the supervised release violation.

The investigations in these cases were conducted by the U.S. Border Patrol and U.S. Customs and Border Protection. The prosecutions were handled by Liza M. Granoff, Melanie McGhee, Ryan DeJoe and Brandon M. Bolling, Assistant U.S. Attorneys, District of Arizona, Tucson.

CASE NUMBER:     CR-09-0865-TUC-CKJ (Jimenez-Lopez)

COMMENTARY: Reading this story it is obvious the two guys had been caught multiple times illegally re-entering the US.

First time illegal re-rentry is a misdeamnor…but second time is a felony.

In way too many cases the second and third time offenders are plea bargained down to misdemeanor and “removed” … meaning deported.

It appears a lot of the serious criminal aliens are also multiple re-entry offenders.

Too bad we don’t have the prison space so the second time they are caught they get serious jail time instead of being recycled in and out of the system.

BORDER PATROL AGENTS INDICTED FOR CIVIL RIGHTS VIOLATIONS

TUCSON, Ariz. – A federal grand jury in Tucson returned a 5-count indictment today against Dario Castillo, 23, and Ramon Zuniga, 29, both of Maricopa, Ariz., for Conspiracy to Deprive Persons of Civil Rights and Civil Rights Deprivation under Color of Law. Castillo was also charged with Tampering with a Witness. The defendants will be summoned to appear for arraignment in federal court.

The indictment alleges that on November 12, 2008, Castillo and Zuniga were employed as Border Patrol Agents with the U.S. Department of Homeland Security, Customs and Border Protection, Office of Border Patrol. While on duty, the defendants allegedly forced four Mexican nationals who were illegally present in the U.S. and smuggling marijuana, to eat marijuana and to remove their shoes, socks and all outerwear, instead of arresting them. After setting fire to their personal belongings, the defendants allegedly instructed the four people to flee into the desert with no readily available shelter and resources within miles on an evening when the temperature was approximately 40 degrees Fahrenheit. The defendants’ actions are alleged to have deprived the four people of their right to be free from unreasonable search and seizure.

A conviction for Conspiracy to Deprive Persons of Civil Rights and Civil Rights Deprivation under Color of Law each carries a maximum penalty of 10 years in federal prison, a $250,000 fine or both. A conviction for Tampering with a Witness carries a maximum penalty of 20 years in federal prison, a $250,000 fine or both. In determining an actual sentence, Judge Bury will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The investigation preceding the indictment was conducted by Department of Homeland Security, Office of the Inspector General, Tucson. The prosecution is being handled by Karen Rolley, Assistant U.S. Attorney, District of Arizona, Tucson; and Cindy Chung, Attorney, Department of Justice Civil Rights Division, Washington, D.C.
CASE NUMBER:    CR-11-02727(DCB)

TUCSON FIREARMS DEALER INDICTED AND ARRESTED ON MULTIPLE FEDERAL FIREARMS CHARGES

TUCSON, Ariz. – A federal grand jury in Tucson returned a 9-count indictment on Wednesday against Michael James Gesty, 46, of Tucson, for violations of making machineguns, making false statements on an application for a federal firearms license, making false statements during purchase of firearms, failure to keep records of firearm sales, and possession of firearms and ammunition by a drug user. Gesty was arrested by the Bureau of Alcohol, Tobacco, Firearms, and Explosives today on a warrant issued as a result of the indictment, and is currently detained pending an initial appearance scheduled tomorrow.

The indictment alleges that Gesty, a federally licensed firearms dealer, doing business as Spartan Armory and Black Wolf Weapons, instructed and assisted others in making several fully automatic machinegun rifles. The indictment also alleges that Gesty, a habitual user of marijuana, made a false statement when applying for his federal firearms license by stating that he was not a user of marijuana or any controlled substance, and unlawfully possessed several firearms and ammunition both at his residence and business while being a user of marijuana. The indictment further alleges that Gesty failed to keep required records of several firearms sales he made through his business, and that he also instructed and encouraged others to make false statements in Gesty’s business records.

A conviction for making machineguns and possession of firearms and ammunition by a drug user carries a maximum penalty of 10 years, a $250,000 fine or both. A conviction for making false statements on an application for a federal firearms license, making false statements during purchase of firearms, and failure to keep records of firearm sales carries a maximum penalty of five years, a $250,000 fine or both.  In determining an actual sentence, U.S. District Judge Collins will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  The prosecution is being handled by Angela W. Woolridge, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBER:       CR-11-2650-TUC