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Date: 10-19-2022

Case Style:

United States of America v. Derick Martin Garcia Pacheco

Case Number: 1:21-cr-00267-KWR

Judge: Kea W. Riggs

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

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:




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Description: Albquerque, New Mexico criminal law lawyer represented Defendant charged for assaulting a federal officer.

On December 11, 2020, FBI Agents and task force officers arrived at Derick Martin Garcia Pacheco’s residence in Albuquerque to perform a search pursuant to a federal warrant. Agents in tactical gear with clear law enforcement markings knocked at the door and announced themselves as federal officers. Garcia Pacheco armed himself with a .357 revolver and fired through the door, striking one of the agents in the arm. The agent was seriously injured, requiring surgery and hospitalization.

After Garcia Pacheco shot the agent, other officers secured the scene and the FBI Special Weapons and Tactics (SWAT) unit responded to assist in executing the warrant, and Garcia Pacheco was detained. During a search of the residence, law enforcement located two firearms concealed between a mattress and box spring inside a rear bedroom. One of the firearms was the .357 revolver used to shoot the agent.

“We owe a special debt of gratitude to those in law enforcement who risk their lives to keep our community safe,” said U.S. Attorney Uballez. “It is an honor to serve with such courageous federal agents. Their bravery inspires all of us to relentlessly seek a more just, selfless, and safe world.”

“The FBI's motto is Fidelity, Bravery, and Integrity, the virtues exemplified by our special agent injured in this senseless assault,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “As this​ hero continues to recover, the public can rest assured the FBI has a full division of agents on the streets ready and determined to put their lives on the line to keep our communities safe.”

In his plea, Garcia Pacheco acknowledged that he knew at the time of the incident that as a previously convicted felon he cannot legally possess firearms or ammunition.

Upon his release from prison, Garcia Pacheco will be subject to three years of supervised release.

The FBI Albuquerque Field Office investigated this case. Assistant United States Attorneys with the United States Attorney’s Office for the District of New Mexico prosecuted this case.

18 USC 111(a) AND (b): ASSAULT UPON A FEDERAL OFFICER USING A DEADLY AND DANGEROUS WEAPON AND INFLICTING BODILY INJURY
(1s)

18 USC 922(g)(1) AND 924: FELON IN POSSESSION OF A FIREARM AND AMMUNITION
(2s)

Outcome: CBOP: Count 1: 135 months, Count 2: 120 months, concurrently for total of 135 months; SUPERVISED RELEASE: 1 & 2: 3 years concurrently with special conditions; SPA $200; Defendant held in custody.

Plaintiff's Experts:

Defendant's Experts:

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