ALBUQUERQUE, N.M. – Emery Garcia, 36, of San Felipe Pueblo, New Mexico, and an enrolled member of the Pueblo of San Felipe, appeared in federal court on Nov. 9 on two counts of assault with a dangerous weapon. On Nov. 12 Garcia was ordered detained pending trial.
According to a criminal complaint, on Oct. 8, Garcia allegedly attempted to enter a home through a window and attacked one of the residents, a child, with a board when the resident tried to stop him. Garcia then allegedly struck a second resident who attempted to intervene. The alleged incident occurred on San Felipe Pueblo.
A criminal complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Garcia faces a mandatory minimum of ten years and up to life in prison.
The FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorney Allison C. Jaros is prosecuting the case.