Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 03-16-2023
Case Style:
United States of America v. Byron Rosetta
Case Number: 1:20-cr-01216
Judge: Martha Vazquez
Court: United States District Court for the District of New Mexico (Bernalillo County)
Plaintiff's Attorney: United States Attorney’s Office in Albuquerque
Defendant's Attorney:
Description: Albuquerque, New Mexico criminal defense lawyer represented Defendant charged with conspiracy to possess with intent to distribute 1,000 kilograms and more of marijuana.
on January 3, 2020, law enforcement began receiving reports of seemingly indiscriminate shooting incidents along Interstate 25 between Bernalillo, New Mexico, and the Kewa Pueblo. Eventually, law enforcement determined that a Kewa man, Byron Rosetta, was responsible for the shootings. Between January 3, 2020, and April 4, 2020, law enforcement determined that Rosetta shot from his vehicle and from the roadside at several drivers near I-25. Rosetta used various firearms, including a .38 caliber pistol. Several victims suffered injuries and damage to their windshields and other parts of their vehicles.
On April 4, 2020, Rosetta fired a shotgun at a vehicle traveling south on I-25 through the Kewa Pueblo, and the driver of the vehicle was struck in the face by birdshot. Rosetta then shot an ambulance from Santo Domingo Pueblo that responded to a 911 call for the incident. Despite damage to the ambulance windshield, paramedics continued their service and transported the occupants of the first vehicle to the University of New Mexico Hospital.
On April 5, 2020, Rosetta was driving on State Road 22 on the Kewa Pueblo in Sandoval County, New Mexico, when he shot a passing vehicle, narrowly missing the unsuspecting driver. The driver reported the incident to law enforcement, and agents were able to identify Rosetta’s vehicle in surveillance footage.
On April 9, New Mexico State Police officers executed a search warrant on Rosetta’s residence. During the search, officers located a handgun, a shotgun, and ammunition.
Upon his release from prison, Rosetta will be subject to five years of supervised release.
The FBI Albuquerque Field Office investigated this case with assistance from the New Mexico State Police, the Sandoval County Sheriff’s Office, the Bureau of Indian Affairs, and the Drug Enforcement Administration. Assistant United States Attorney Joseph Spindle is prosecuting the case.
18:1153 and 113(a)(3): Assault with a Dangerous Weapon
(1s-2s)
18:924(c)(1)(A)(iii): Using and Carrying a Firearm During and in Relation to a Crime of Violence, and Possessing a Firearm in Furtherance of Such Crime; Discharging Said Firearm
(3s)
Outcome: SENTENCE IMPOSED: CBOP: 1 day each as to Counts 1 and 2, to be run concurrently with each other;120 months as to Count 3, to be run consecutive to the sentence imposed for Counts 1 and 2; for a total term of imprisonment of 120 months and 1 day; Supervised Release: 3 years each as to Counts 1 and 2, 5 years as to Count 3, all to be run concurrently, for a total term of supervision of 5 years, with Special Conditions; SPA: $300; Restitution: Open for 90 days
Plaintiff's Experts:
Defendant's Experts:
Comments: