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ATF Special Agent Byrd is assigned to the US Consulate in Juarez, Mexico. S/A Byrd explained the processes involved in matching guns recovered in Mexico to guns sold/purchased in the United States. He explained how out of some 50-75 weapons recovered per year, only about 10% have had their serial numbers scratched off. He testified that so far, 5 guns originally purchased at New Deal have turned up in Mexico, the most recent one in October 2011, several months after the Reeses were arrested. (Note: Cartel organizer Jose Roman and his wife have admitted they illegally smuggled these weapons out...

Special Agent Jose Martinez, working for DHS-HSI for the past 6 years, was referred the Penny Torres case by his group supervisor after Allen Bass obtained infrom from Terri Reese to check her out. ATF received the same information. HSI used a variety of techniques to investigate Penny Torres including surveillance.. He worked with ATF S/A Valles and opened an investigation on 09/07/2010. Agent Martinez stated he and ATF S/A Valles went to New Deal to talk to Terri about Penny Torres’ purchases. He stated that Terri was very busy in the store, however seemed nice and personable. She was...

At the end of a long day of testimony, Roger Morris of Luna County, Customs and Border Patrol 24.5 years and 3 years on the Border Task Force, was sworn in and testified under oath. Under direct examination: Roger Morris testified he has been at New Deal a number of times since they opened the store some 15-18 years ago. He testified he went there 7-8 times a year and found all of the Reeses friendly. Roger Morris testified in August of 2011, he ran into Rick and Terri Reese at the John Deere Parts House in Deming, when he...

Roger Morris returned on July 26, to continue testifying against the Reese family. The Prosecutor resumed questioning Mr. Morris under redirect and asked Roger Morris if the meeting at the John Deere store was set up. Roger Morris testified no, that he was in the store on personal business and was off duty The Prosecutor asked if he had social invitations from the Reeses before and he stated no. Then Roger Morris testified that Rick invited him to __ __ _ _______ __ ______ ____ ___ _____ ______ ___ ____ ____. The defense objected and all attorneys approached the bench....

[Note: often the prosecutors have not been asking witnesses to spell their names, and the exact names of witnesses are not clear to the public. That is the case with this agent. He is called Frye in this update, however, his real name could be something phonetically similar. Some of the charges against the Reeses include two counts of Money Laundering Conspiracy.] Special Agent Joshua Frye (phonetic), testified he was been with HSI since 2004. He is currently assigned in El Paso in asset forfeiture from criminal cases involving money laundering, and other criminal activity. S/A Pride has a Bachelor...

Bruce Charles Schwindler (sp?), works with the Department of State, and is the Director of Treaty Control (or something close to that). The US President has the right to regulate the exportation of certain items. The Department of State enforces the Arms Export Control Act. Mr. Schwindler (sp?) testified at length about his long history in the military and various government agencies. He is an expert on proper licensing of firearms exportation to other countries, including “Mejico”. His department issues over 18,000 applications to export annually. 95% of the applications submitted to export weapons are granted, including exports to “Mejico”....

DHS – HSI S/A Hector Fuerta (spelling not clear) has been with HSI for 3 years in Deming. He was involved in the New Deal sting operation on June 15, 2011. His task was to provide back-up cover inside the store for Cooperating Defendant (“C/D”) Jose Roman and the Undercover (“U/C”) agent for their safety. He stated he entered the store around 1:25 – 1:30 and stated he was inside the store 10-15 minutes. He observed the C/D and U/C talking to Ryin. Terri approached him to see if he needed any assistance, but stated her attention was not on...

Carlos Valles (sp?), a Special Agent with the BATFE (“ATF”) out of Las Cruces was the lead investigator in the ATF portion of the case, but not the overall case agent for the entire case. (HSI Special Agent Eddie Pacheco was the lead case agent.) S/A Valles has a Bachelors in Criminal Justice and is fluent in Spanish. His duties are to enforce violations of federal firearms laws. S/A Valles explained that ATF is divided into two sections, the criminal enforcement side (the side he works for), and the regulations compliance section. The two sides work together at times. Carlos...

After Agent Valles reviewed his case file, Valles stated that a tape of the phone call was in his file, however, he had made a report, not a transcript. Defense Attorney Brad Hall stood up and announce his office had made the transcript. Attorney Bowles continued with his cross-examination and asked him again if he recalled that Penny Torres did not want to be arrested. He stated it wasn’t in his report, however, he recalls the conversation, and claimed that if they had wanted to arrest her, they would have already. She wasn’t arrested. During questioning, it was learned that...

ATF S/A Valles was questioned again by the prosecutor. He was shows a booklet of the Federal Firearms Reference Guide for FFLs, and called it the Bible for FFLs, since it includes al the laws and regulations on firearms. A series of questions followed which were objected to and sustained. It was a bit confusing, but it seemed the line of questions that could be answered resulted in learning from Valles that the FFRG lists specific requirements for FFLs to follow, the compliance time, and ramnifications of non-compliance, including filling out and voiding a 4473. Under cross, Defense Attorney Hall...

OOPS! S/A Valles came back the next morning (Friday 7/29) and continued to testify. S/A Valles agreed the 2005 edition for the FFRG was the book in force during 2010, and there is a section about the firearms transaction record (4473). The requirements include some guidance on due diligence by the seller, verification of the buyer’s ID, examination of the ID of the buyer, must be legally in the US. On questioning Valles admitted Reeses reviewed a valid ID (Penny Torres) and even the false indentification (provided by the agents), and examined same. The book also explains the difference between...

This is from the current guide for FFL’s regarding straw purchases and gifts. NOTE: It is not the exact evidence discussed in trial, but should give you an idea of the fine line differences between straw purchaser and gift under current guidelines. http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf 15. STRAW PURCHASES Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a “straw purchaser” (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances,...

A key government witness in the case against a New Mexico gun dealer family has provided inconsistent testimony as well as recollections unsubstantiated by Customs and Immigrations records, a report on trial proceedings filed yesterday by the Luna Tea Party Patriots relates. Jose Roman, reportedly a career criminal since the age of 17 smuggling illegal aliens, guns and drugs, and who has been offered a plea deal in exchange for testimony, also admitted on the witness stand that he had provided false statements while making firearms purchases from New Deal Shooting Sports in Deming. That store was owned and operated...

The Taos County Sheriff's Office has clarified the circumstances surrounding a shooting that occurred early Saturday morning (July 14). Undersheriff Ed Romero told The Taos News early Tuesday morning that no charges have yet been filed in the shooting, as the 19-year-old intruder — Robert Carpenter — is now recovering in St. Vincent Hospital's Intensive Care Unit in Santa Fe. ---------------cut---------------- "The intruder, though a doggie door, displayed a weapon," Romero said. "At that point, the owner discharged a high-powered rifle through the steel door, striking the intruder six times in the lower extremities." Early reports were incorrect, Romero said,...

A jury was selected and the prosecution and one defense attorney have given opening statements yesterday in the trial of the Reese family, gun store owners charged in an indictment with conspiracy, aiding and abetting smuggling of firearms, money laundering and making false statements to investigators. Reconvening today at 9 a.m. in the U.S. District Court in Las Cruces, N.M., a family spokesperson told Gun Rights Examiner that the other three defense attorneys for family members required to retain separate representation are making their opening statements today. “Testimony is expected to begin” in today’s session, the Las Cruces Sun-News added....

LAS CRUCES — The federal gun-smuggling trial of four members of a Deming area family began Tuesday with a defense attorney asserting that the mother of the Reese clan herself launched the investigation that ended up snaring her family....

LAS CRUCES (AP) — Defense lawyers for a New Mexico family accused of selling weapons to Mexican cartels say the federal government’s investigation is politically-motivated.

A hearing will be held Thursday at 9 a.m. at the U.S. District Court in Las Cruces, N.M., a spokesperson close to a family of arrested New Mexico gun dealers has informed Gun Rights Examiner. Rick Reese and wife Terri, along with sons Ryin and Remington, are facing accusations of knowingly selling firearms to cartel straw purchasers, money laundering and related charges. The ordeal of this family, including the denial of bail for almost a full year for the husband and sons, the seizure of their assets and property precluding a properly-funded defense, and the denial by the presiding judge...

A New Mexico man has filed a lawsuit over injuries he suffered at a convenience store in May when he was struck by ricocheting bullet fragments that were fired by a Pojoaque artist. The Albuquerque Journal reports that Elijah Mark Vera says Pojoaque artist Mateo Romero pulled a gun during an altercation with a homeless person and fired a shot into the pavement.

LOS LUNAS, N.M. — A Marine from Belen arrested for shooting and killing a burglar on the Fourth of July three years ago is now going after the lawmen who put him behind bars.