Prosecution Brought Under Federal “Worst of the Worst" Anti-Violence Initiative
ALBUQUERQUE - Jose Velasquez, 29, a resident of San Juan County, N.M., was arraigned this morning in federal court on an indictment charging him with being a felon in possession of a firearm and ammunition. Velasquez entered a not guilty plea and remains in federal custody pending trial.
The federal charge against Velasquez was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Velasquez was arrested on state charges on Aug. 4, 2015, and subsequently was charged in a federal criminal complaint on Aug. 17, 2015, with being a felon in possession of a firearm and ammunition. According to the criminal complaint, Velasquez was arrested on state charges by APD officers after they observed him walking near the area of Sunshine Terrace SE and University Blvd. SE in Albuquerque while allegedly armed with a handgun. According to court filings, the officers allegedly found a semiautomatic pistol, ammunition and a small quantity of heroin in Velasquez’s pants pocket.
Thereafter, Velasquez was charged in an indictment on Sept. 10, 2015, with being a felon in possession of a firearm and ammunition on Aug. 4, 2015, in Bernalillo County, N.M. According to the indictment, Velasquez was prohibited from possessing firearms or ammunition because he previously had been convicted of armed robbery with a deadly weapon and aggravated battery on a peace officer in state court in San Juan County, N.M.
Velasquez was held in state custody on related state charges until he was transferred to federal custody to face the charges in the federal indictment. The state charges have been dismissed in favor of federal prosecution. If convicted of the charge in the indictment, Velasquez faces a statutory maximum penalty of ten years in prison. Charges in complaints and indictments are merely accusations and criminal defendants are presumed innocent unless convicted in a court of law.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst" offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Source: U.S. Department of Justice, Office of the United States Attorneys
