Date: 10-08-2024

Case Style:

United States of America v. Procopio Montoya Atkinson

Case Number: 1:22-cr-01091

Judge: David H. Urias

Court: The United States District Court for the District of New Mexico (Bernaillo County)

Plaintiff's Attorney: The United States Attorney’s Office in Albuquerque

Defendant's Attorney:

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Description:

Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with a series of armed robberies and assaults across New Mexico, culminating in the carjacking and shooting of a 62-year-old veteran
U.S. Attorney's Office Announces Sentencing of Albuquerque Man for Violent Crime Spree

On November 12, 2021, Procopio Montoya Atkinson, 26, robbed a Dollar General store in Northwest Albuquerque. Atkinson feigned a cash purchase of flavored water, and when the female cashier opened the register to give him change, he reached over the counter to take the money. When she shut the drawer, Atkinson escalated his actions by walking behind the counter and demanding money while pointing a firearm at her. Atkinson discharged the firearm toward the ceiling, causing panic. The manager complied with Atkinson’s demands as he began a verbal countdown. Ultimately, Atkinson took $192 from the register and fled.

The crime spree continued on December 6, 2021, when Atkinson shoplifted clothing and an entire display case full of pocketknives from a Love's Travel Stop in Belen. Atkinson was confronted by two female employees outside and physically assaulted them while attempting to hit them with his vehicle. Just three days later, on December 9, Atkinson assaulted another f
female employee at a Walmart in Belen after loading a cart with clothing and tools.

On December 13, law enforcement obtained an arrest warrant for Atkinson related to the armed robbery from November 12. On December 17, members of the U.S. Marshals Service fugitive task force established surveillance on his home for his arrest. As they moved in to apprehend him at a gas station, Atkinson displayed awareness of their presence by retrieving binoculars to monitor law enforcement movements. Atkinson drove toward one task force officer while pointing a pistol at him before abandoning his pursuit when backup arrived.

The crime spree culminated on December 20 when John Doe 3 was driving alone in his vintage Chevrolet truck with his wife and daughter following behind in another vehicle. They were stopped at a traffic light when Atkinson approached John Doe 3’s wife and daughter with a pistol and demanded they exit their vehicle. After they refused to open their doors, Atkinson turned his attention to John Doe 3's truck, a beautifully restored ’62 Chevrolet. He opened the passenger door and, after a brief struggle, shot John Doe 3 in the back.

Responding officers successfully blocked the truck in following an unsuccessful escape attempt by Atkinson and John Doe 3 was airlifted to the hospital.

John Doe 3 survived his injuries, but the emotional toll of that day has left lasting scars; he experiences ongoing pain and anxiety whenever near that intersection or driving through similar situations, and his beloved truck now sits dormant.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the United States Marshal Service, Belen Police Department, Bernalillo County Sheriff’s Office, Albuquerque Police Department, Rio Rancho Police Department and the New Mexico State Police. Assistant U.S. Attorney Timothy Trembley is prosecuting the case.

Outcome:

Defendant was found guilty and sentenced to 200 months in prison Upon his release from prison, Atkinson will be subject to five years of supervised release.

Plaintiff's Experts:

Defendant's Experts:

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