Police Blotter: Three brothers arrested on murder, assault charges

ALBUQUERQUE — Three brothers, all enrolled members of the Navajo Nation, were arrested last week on a criminal complaint charging them with murder and assault offenses arising out of a homicide and an assault that occurred in Fruitland, N.M., on March 21.

Also arrested was a Navajo woman, Arnelia Williams, 25, who impeded law enforcement efforts to apprehend the three men.

Elijah Shirley, 30, and Michael Shirley, 31, both of Kirtland, and Maynard Shirley, 36, who until recently resided in the Phoenix area, are charged in a criminal complaint with the murder of Brandon Blue Eyes and an assault on the murder victim’s father.

According to the criminal complaint, Elijah Shirley, Maynard Shirley and Michael Shirley allegedly broke into the victims’ residence in the early hours of March 21 and assaulted the victims with a machete-like knife and a gun.

Blue Eyes, 30, allegedly died as a result of a stab wound to the chest, and the second victim allegedly suffered serious bodily injuries, including a collapsed lung and multiple stab wounds, during the attack.

According to the complaint, there were several other members of the family in the house at the time and they were able to provide police with information as to who was responsible for the attack.

Elijah Shirley was arrested March 25 after he turned himself in to Shiprock police. The complaint said he denied any knowledge of the stabbing. His brothers, Maynard Shirley and Michael Shirley, were arrested March 27.

Elijah and Maynard Shirley were ordered detainment pending a trial during federal court proceedings March 30 held in Albuquerque. Michael Shirley remains in custody pending a detention hearing, which has yet to be scheduled.

Arnelia Williams was arrested March 27 on a separate criminal complaint charging her with being an accessory after the fact for hindering and preventing the apprehension of Maynard and Michael Shirley.

During the March 30 court proceedings, Williams was also ordered detained pending a detention hearing, which has yet to be scheduled.

If convicted on the charges in the criminal complaint, Elijah Shirley, Maynard Shirley and Michael Shirley each face a statutory maximum penalty of life in prison on the murder charge and a 10-year prison sentence on the assault charge.

Williams faces a statutory maximum penalty of 15 years in prison if convicted for being an accessory after the fact.

Gamerco man pleads guilty to making false statements to police

ALBUQUERQUE — Benson Pete, 74, an enrolled member of the Navajo Nation who resides in Gamerco, N.M., pleaded guilty March 30 to felony information charging him with making a false statement to a law enforcement agency.

Under the terms of a plea agreement with the U.S. attorney’s office, Pete will be sentenced to a range of 12 to 33 months in federal prison followed by a period of supervised release to be determined by the court.

Pete was arrested June 3, 2014, on an indictment charging him two counts of sexual abuse of a child under the age of 12 between Jan. 1, 2013 and March 31, 2013, in McKinley County.

During the March 30 proceedings, Pete pled guilty to information charging him with making a false statement to a law enforcement agency. In entering the guilty plea, Pete admitted that on July 30, 2013, he provided false information regarding the aggravated sexual abuse of a victim to the FBI.

Pete further admitted that he withdrew any claims that he was coerced by an FBI agent, and that the statements he made on July 30, 2013, were voluntarily made.

Winslow resident sentenced to 345 days for stabbing man with knife

ALBUQUERQUE — Calvin Fuson, 44, an enrolled member of the Navajo Nation who resides in Winslow, Ariz., was sentenced March 26 to 345 days served in federal prison for his misdemeanor assault conviction.

Fuson was arrested April 17, 2014, on a criminal complaint alleging that on Dec. 25, 2013, he assaulted a Navajo man by stabbing him with a knife.

According to the complaint, officers of the Navajo Nation Division of Public Safety responded to a call reporting a stabbing that occurred in Naschitti, N.M. The victim was treated for a stab wound. Fuson subsequently was indicted and charged with assault resulting in serious bodily injury and assault with a dangerous weapon.

On Feb. 12, Fuson pled guilty to a misdemeanor and admitted that on Dec. 25, 2013, while at his family’s residence in Naschitti, he stabbed the victim, a 50-year-old Navajo man, with a knife during a fight. Both Fuson and the victim required medical treatment for injuries he sustained during the fight.

Magdelena, N.M. man to serve 20 years for child molestation

ALBUQUERQUE — Chris Apachito, 41, an enrolled member of the Navajo Nation who resides in Magdalena, N.M., pleaded guilty March 27 to sexually abusing four minor females over a 21-year period.

Under the terms of his plea agreement, Apachito will be sentenced to 25 years in federal prison followed by a term of supervised release to be determined by the court.

Apachito was arrested Nov. 21, 2014, on an indictment alleging that he sexually abused a child under the age of 16 from May 2012 through January 2014.

During the March 27 hearing, Apachito entered a guilty plea to felony information charging him with having unlawful sexual contact with four children between 1991 and 2012.

In entering his guilty plea, Apachito admitted sexually molesting an 8-year-old child and a 6-year-old child between September 1991 and October 1991. He also admitted sexually molesting a 16-year-old child in March 2006, and a 13-year-old child between May 2012 and September 2012. Apachito admitted that he committed these crimes in Alamo, N.M.

Apachito has been in the custody of the U.S. Marshals Service since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled.

Apachito will be required to register as a sex offender after completing his prison sentence.

23-year-old returns stolen wallet, faces five years in prison

ALBUQUERQUE — Orlando J. Johnson, 23, of Shiprock, pled guilty March 26 to felony information charging him with theft occurring in Indian Country.

Johnson was arrested Oct. 31, 2014, after officers of the Navajo Nation Division of Public Safety were called to a fast food restaurant in Shiprock, in response to a report that an elderly Navajo man had been robbed of his wallet and money.

According to the criminal complaint, Johnson followed the victim out of the restaurant and stole the wallet from the victim’s pocket. The victim chased Johnson for approximately half a mile in his truck until he caught up to Johnson, who returned the wallet.

During the March 26 proceedings, Johnson pled guilty to felony information charging him with theft occurring in Indian Country.

At sentencing, Johnson faces a statutory maximum penalty of five years of imprisonment followed by at least one year of supervised release.

Johnson has been in federal custody since his arrest. He remains detained pending a sentencing hearing, which has yet to be scheduled.

Public safety bill passes, will merge three law enforcement entities

SANTA FE – On March 20, 2015, Governor Susana Martinez signed into law the Department of Public Safety Reorganization Act. This landmark bill represents the first statutory reorganization of DPS in its 28-year history and takes effect on July 1, 2015. The bill passed the Senate 31-9 and the House 54-1, according to a news release from the New Mexico Department of Public Safety.

The primary effect of this bill will be the merger of all three DPS law enforcement entities — the New Mexico State Police, the Motor Transportation Police Department, and the Special Investigations Division — into the New Mexico State Police Division of DPS. This merger will require that the approximately 150 commissioned officers currently assigned to MTPD and SID transfer out of the classified personnel system managed by the State Personnel Office into the New Mexico State Police exempt personnel system.

According to Cabinet Secretary Greg Fouratt, “This reorganization gives the current and future leaders of this department the ability to treat all commissioned officers equally in terms of pay, benefits, promotions, assignments, transfers, and discipline. It also permits commissioned officers, once properly trained, to transfer among the different enforcement components of the State Police Division, which leads to a more versatile and effective cadre of police officers.”

Beclabito man faces life in prison after setting family on fire

ALBUQUERQUE — Benjamin Joe Begay, Jr., 45, of Beclabito, pleaded guilty Tuesday in federal court here to a federal arson charge.

Begay was arrested on Aug. 19, 2014, on a criminal complaint charging him with arson, and was indicted on that same charge on Aug. 26, 2014.

According to court filings, Begay set fire to the residence he shared with his wife and children on July 31, 2014, following an argument with his family. The residence, its contents and a grey truck were a total loss to the fire.

During Tuesday’s proceedings, Begay admitted willfully and maliciously setting fire to the home he shared with his wife and family on July 31, 2014.

At sentencing, Begay faces a statutory maximum penalty of life in prison and up to five years of supervised release. His sentencing hearing has yet to be scheduled.

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