Phelps Prosecuted as Part of “Worst of the Worst" Anti-Violence Initiative
ALBUQUERQUE - This morning a U.S. Magistrate Judge found probable cause to support a criminal complaint charging Rufus Phelps, 25, of Albuquerque, N.M., with being a felon in possession of a firearm and ammunition. Phelps was ordered detained pending trial.
Phelps was arrested by the U.S. Marshals Service on Feb. 5, 2016, on the federal criminal complaint which alleged that he unlawfully possessed a firearm and ammunition on Feb. 4, 2016, in Bernalillo County, N.M. According to the federal criminal complaint, Phelps was arrested on state charges on Feb. 4, 2016, after Albuquerque Police Department (APD) officers observed Phelps in a parked car and recognized him from previous encounters. The officers arrested Phelps after a warrant check revealed that there was an outstanding warrant for his arrest.
At the time of his arrest by APD, Phelps allegedly possessed a loaded firearm and a “golf ball size amount of methamphetamine." At the time, Phelps was prohibited from possessing firearms or ammunition because he previously had been convicted for the unlawful taking of a motor vehicle.
If convicted of the federal offense against him, Phelps faces a maximum sentence of ten years in federal prison. The charges against Phelps are merely accusations and he is presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the U.S. Marshals Service. Assistant U.S. Attorney Eva M. Fontanez is prosecuting the case.
The case is being prosecuted as part of the federal “worst of the worst" anti-violence initiative. 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 primarily based on their prior felony convictions 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