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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.

Eighteen months after Border Patrol Agent Brian Terry was murdered in Arizona by Mexican bandits using guns purchased through a U.S. government program called Fast and Furious, we still don’t know who within the Department of Justice knew about the program, much less who authorized it. Certainly there has been no serious talk about prosecuting any of the people responsible for assisting in the illegal sales of over 2,000 guns to Mexican arms traffickers – guns that were subsequently involved in the murders of BPA Terry and Immigration and Customs Enforcement Agent Jaime Zapata, as well as possibly hundreds of...

ALBUQUERQUE, N.M. — Five Albuquerque-area residents were named in a recently unsealed federal indictment connected to what authorities say is a multistate scam abusing New Mexico's law that allows illegal immigrants to obtain driver's licenses.

As a follow-up to yesterday's GRE: Yesterday was a great day for the family. The attorneys' for the defense of the kids did a GREAT JOB. Out of three motions they only got through (1) which was conspiracy against the government, straw purchasers, money laundering, smuggling etc. The judge was very attentive and very detail- oriented of all the issues brought forward by the government. The attorneys were able to bring up how the government agents lied on federal forms to try to get the kids to make a mistake so the feds could trap them. The judge could see...

A spokesperson for a gun dealer family jailed since last August for conducting alleged sales to straw purchasers has informed Gun Rights Examiner that a hearing involving all defendants is taking place this morning at the U.S. District Court in Las Cruces, N.M. Husband and wife Rick and Terri Reese were operating New Deal Shooting Sports in Deming along with sons Ryin and Remington when they were arrested for allegedly knowingly selling firearms and ammunition to Mexican cartel buyers. “This is the most important hearing to date,” the source informed this correspondent via email. “All the lawyers have filed numerous...

ALBUQUERQUE, N.M. — New Mexico authorities on Wednesday detailed what they called a "recipe for fraud" as they announced the bust of a sophisticated ring that specialized in helping illegal immigrants obtain fraudulent driver's licenses.

The New Mexico Court of Appeals has ruled that it is illegal for a photography business owned by Christians to refuse to photograph a same-sex wedding ceremony—even though New Mexico law does not permit same-sex marriage. The court based its judgment on the text of the New Mexico Human Rights Act (NMHRA), which makes it illegal “any person in any public accommodation to make a distinction, directly or indirectly, in offering or refusing to offer its services . . . to any person because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation or physical...