Drug dealer sentenced to 15 years

WINDOW ROCK, February 14, 2013

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O n Feb. 4, Robert Francis Dayaye, Jr. (a.k.a. "Fat Rob"), 33, of Whiteriver, Ariz., was sentenced by U.S. District Judges Neil V. Wake and G. Murray Snow to a combined term of imprisonment of 15 years. Dayaye pleaded guilty on Oct. 5, 2102, to possession with intent to distribute methamphetamine and attempted carjacking in two separate cases.

Before his arrest, Dayaye was the leader of the Diamond Creek Boyz ("DC Boyz") gang on the Ft. Apache Indian Reservation. On Dec. 6, 2011, Dayaye was found in a vehicle with a handgun and over 100 grams of actual methamphetamine.

A federal search warrant was executed on a storage locker Dayaye was utilizing in Feb. 2012, and approximately 100 firearms were seized, most of which were military style weapons and four of which were illegal.

On June 11, 2011, Dayaye ordered four others to steal a car from a female acquaintance. The four men attempted to steal the car by force, which resulted in the hospitalization of the victim.

The investigation in this case was conducted by the Federal Bureau of Investigation, the Arizona Department of Public Safety, the Bureau of Alcohol Tobacco Firearms and Explosives and the Drug Enforcement Administration, as part of the Northern Arizona Violent Gang and Safe Streets Task Force.





Tseyatoh man charged with aggravated assault of a child, gets 18 years

A Tseyahtoh, N.M. man Monday was given an 18-year prison sentence for sexually assaulting a child under the age of 12 years old.

Kenneth Mike Etsitty, 58, will also be required to register as a sex offender when he completes his prison sentence.

Etsitty has been in federal custody since May 14, 2012 when a criminal complaint was filed. He pled guilty to three counts of aggravated assault of a child under the age of 12 the following October.

According to court records, law enforcement authorities initiated a criminal investigation of Etsitty in Feb. 21 of last year after a nine-year-old Navajo child reported being sexually assaulted by Etsitty on more than 10 occasions.

Etsitty later admitted sexually assaulting the child victim on approximately 10 occasions.

In entering his guilty plea, Etsitty admitted that he forced the child victim to engage in sexual acts on multiple occasions from Jan. 2007, when the child was four-years-old, through Nov. 2011, when child was nine-years old.

Etsitty admitted that each of the sexual attacks occurred in the same way, by touching the victim's genitals.


Woman admits to voluntary manslaughter

GALLUP — Amber Yazzie admitted Monday to committing voluntary manslaughter in the April 21 stabbing death of Jessie Padilla in Gallup.

Yazzie, who was 17 at the time of the incident and now 18, asked in an emotional speech in state district court the Padilla family to find it within themselves to forgive her.

Some members of the Padilla family were moved enough that with tears in their eyes, they hugged the woman who was accused of killing their relative.

District Court Judge Grant Foutz sentenced her to spend 21 months at the Youth Diagnostic Development Center in Albuquerque.

Gertrude Lee, an assistant district attorney who handles juvenile cases, said her office could ask for that period to be extended to her 21st birthday if "the treatment doesn't go well."

But at the age of 21, no matter what happens, Yazzie will be a free woman under the plea bargain agreed to on Monday.

Yazzie was originally charged with second degree murder and was to have been tried as an adult, which means she could have faced 15 years in prison.

But Lee said that given the way the system works in New Mexico for juveniles, even if she had been found guilty of second degree murder, the system would have allowed her attorney to argue for the charge to be reduced to voluntary manslaughter as a juvenile offense and she would have faced the same kind of sentencing.

Court documents said that Yazzie was with two others that morning, walking from the Rio West Mall to the Gallup Public Library when they encountered Padilla and two of his friends.

An altercation between Padilla and Yazzie occurred and at the end Padilla was dead of several stab wounds.

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