Four Españolans have been charged by the federal government for alleged crimes involving marijuana.
Three men were arrested following an FBI raid at their Santa Clara Pueblo home June 16, while State Police arrested a fourth Española man near Deming in an unrelated case for allegedly possessing 223 pounds of suspected marijuana in his truck.
FBI agents, assisted by the Española and Santa Clara Tribal Police Departments, raided a house June 16 at 735 Pheasant Lane, according to court documents. Española Lt. Christian Lopez said the home, which is within Pueblo boundaries, was under investigation by the federal agents since about May. Lopez said the agents told city police when they were going into the home to do controlled drug buys.
The search turned up an unspecified amount of marijuana and guns, court documents state. When asked if it might be more beneficial to target heroin dealers rather than marijuana dealers, Lopez called the raid a “wake-up call” to the community.
“Yeah, you can look at it and say, ‘It’s just marijuana,’” Lopez said. “Yeah, it is, but they’re still doing illegal activity.”
John Roybal, Sean Herrera and Christopher Whitsell, renters in the home owned by Michael Guinn, were each charged with intent to distribute less than 100 kilograms of marijuana and possessing a firearm in relation to a drug trafficking crime. A statement from the U.S. Attorney’s Office stated all three defendants pleaded not guilty to the charges and were released under supervision pending a trial.
Brian Pori, Hererra’s attorney, said his client was not guilty and described Herrera as a “kind, sweet, hardworking student” who was studying to become a barber.
“He is caught up in something he did not do,” Pori said.
Pori said the agents assumed guilt by association and explained there were firearms in the house as protection from break-ins and assaults.
FBI agent Michael Daniel Talbert Sr.’s affidavit against Roybal, Herrera and Whitsell tells the following story about the search:
The raid began at 9:15 a.m. June 16 with the federal agents and Española and Santa Clara officers serving a federal search warrant.
Investigators went into the home’s southeast bedroom, which belonged to Roybal, and allegedly found a box with two containers of marijuana, a scale, plastic baggies, money, containers with marijuana residue, a loaded shotgun, ammunition, a bulletproof vest and a ledger.
In the northeast bedroom, Herrera’s room, investigators allegedly found two containers of marijuana, a scale, baggies, drug paraphernalia, a loaded semi-automatic handgun, ammunition and a machete.
In a northeast bedroom belonging to Whitsell, agents allegedly found multiple containers of marijuana, baggies, bundles of money, drug paraphernalia, a ledger and a loaded rifle.
After a description of the evidence found in each man’s room, Talbert states he believes the evidence shows the men were dealing marijuana.
Roybal was previously convicted of felony aggravated battery with a deadly weapon and tampering with evidence on May 29, 2008, according to an online court records database. Lopez said that conviction stemmed from Roybal’s arrest following a Jan. 5, 2008, shooting at Northern New Mexico College.
Roybal attacked student Samuel Montoya, striking him in the face, putting a handgun to his head and threatening to kill him, a police report states. Montoya fell backward as Roybal fired the weapon. The bullet went through Montoya’s jacket above the shoulder, but it did not pierce his skin.
Whitsell was the alleged victim of an Oct. 7, 2009, attack at the Dragon’s Lair Hookah Lounge and Tattoo Parlor, according to Lopez. Whitsell was allegedly beaten by Eugene and Gabriel Rodella, brothers to Rio Arriba County Sheriff Tommy Rodella. The charges against Eugene and Gabriel Rodella were dismissed by Judge David Segura Aug. 23 because the prosecution failed to turn over evidence, such as witness statements, to the defense. Former State Police officer Josh Ramirez did not put these written statements in the case file, according to a State Police spokesman.
The same day of the Santa Clara raid, federal agents near Deming arrested 18-year-old Luis Ernesto Rascon-Olivas, of Española, according to court documents and a State Police press release. Rascon-Olivas is accused of transporting almost 224 pounds of marijuana from Mexico.
Federal Immigration and Customs Enforcement agent Mario Rodriguez states in his arrest affidavit that Rascon-Olivas was stopped by a State Police officer at about 4:50 p.m. on State Road 26 and was cited for speeding in his red Dodge Ram pickup.
Rodriguez states Rascon-Olivas appeared to be nervous while the officer asked him questions about the truck. The officer asked for and received written permission to search the vehicle. During the search, the officer found a hidden compartment behind the backseat containing bricks of suspected marijuana.
Rodriguez states agents questioned Rascon-Olivas, who allegedly said he was transporting the marijuana for $5,000. He said the truck was registered in his name and it was loaded with marijuana in Mexico the day before.
Rascon-Olivas was booked into the Luna County Jail on a federal charge of marijuana possession with intent to distribute.