A federal jury convicted Herbert Ben, Jr. on March 13 of two counts of aggravated sexual abuse after a three-day trial in Albuquerque.
The conviction follows testimony that Ben, Jr., age 57 and an enrolled member of the Jicarilla Apache Nation, molested two girls under the age of 12 between 2016 and 2022. The United States also presented evidence that Ben, Jr. molested a high-school-age female in approximately 2019 while she was babysitting his stepdaughters, as well as another young female relative between roughly 2010 and 2012 when she was in elementary and middle school.
Jurors found Ben, Jr. guilty of two counts of aggravated sexual abuse, which carries a mandatory minimum sentence of 30 years in prison. In addition to imprisonment, he will be required to pay restitution for the full amount of a victim’s losses, including medical services related to physical, psychiatric, or psychological care. Upon release from prison, Ben, Jr. must register as a sex offender and will be subject to supervised release for five years to life.
First Assistant U.S. Attorney Ryan Ellison and Justin A. Garris, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced the conviction. The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated the case with assistance from the Jicarilla Apache Police Department. Assistant United States Attorneys Zachary C. Jones and Amy Mondragon are prosecuting these cases.
The outcome underscores ongoing efforts by federal authorities to address crimes involving child victims within Native American communities.
