WINDOW ROCK – Attorney General Ethel Branch announced today that Victor Dee, the former acting executive director of the Aneth Community Development Corporation, an agency that receives funds from the Department of Housing and Urban Development (HUD), has pled guilty to charges brought by federal prosecutors relating to his misappropriation of $105,000 of HUD funds that he used to benefit himself and his family members.

“The Navajo Nation will continue to make it a priority to hold all tribal officials accountable for these types of abuses,” said Attorney General Ethel Branch. “We will no longer allow individuals to enrich themselves and their families at the expense of the health and strength of our community.”

The prosecution arose from an audit of the Aneth Community Development Corporation conducted by the Navajo Nation Office of the Auditor General at the request of the Aneth Chapter. The audit found that Mr. Dee had taken, or otherwise mismanaged, significant sums of government funding, and recommended charges be brought against him.  The Auditor General, with assistance from the Navajo Nation Office of the Prosecutor, investigated the audit findings.  The tribal investigation revealed that Mr. Dee had abused his position and the findings were turned over to the Federal Bureau of Investigation and the United States Attorney’s Office.

As acting executive director of the Aneth Community Development Corporation, Mr. Dee was responsible for ensuring federal funds received by the agency were used for economic development opportunities for the Aneth Chapter. On July 11, 2017, Mr. Dee pled guilty to a federal felony in the U.S. District Court for the District of Utah for willfully misapplying over $100,000 of HUD funding, with the intent to defraud HUD, by giving that funding to himself and his family members.

Mr. Dee’s plea agreement will require him to repay the $105,000 that he misappropriated, and the prosecution will recommend that he be given a 6-month sentence with half served in incarceration and half served in home confinement. However, the final sentence will be decided by the Judge at a sentencing hearing in September 2017. The plea agreement does not bar the Navajo Nation Department of Justice from pursuing its own charges against Mr. Dee.

Attack duo being held on no bond

Two men arrested for an attack on a man and woman remain in custody Wednesday on aggravated battery and tampering with evidence charges. The victims claim that they were struck with "brass knuckles."

Marlin James and Darrick Desiderio, a registered sex offender, are being held at the McKinley County Adult Detention Center on "no bond," for an alleged brutal attack in broad daylight, on the railroad tracks near the business of Supersmith’s, Inc., 716 W. Maloney Ave.

The incident, which occurred July 24, was caught on surveillance camera, according to Gallup Police Department Det. Neil Yazzie’s arrest warrant report. Police were called to the scene shortly after 2 pm.

The victim, Andre Pinto, was interviewed at a local hospital where he was being treated for injuries to his head and face. The brutal attack left about 30 yards of “low velocity” blood splatter at the scene.

Pinto told detectives that he and Claudia Johnson were walking in the area of Supersmith’s, seemingly minding their own business, when Pinto told detectives that a man wearing a “green marijuana cap,” later identified as James, and another man, “skinny with a bald head,” later identified as Desiderio, approached them.

It immediately turned into a terse confrontation, the victim states, saying he feared that he was about to be robbed. Pinto said Desiderio, 39, circled behind him, then jumped him, beating him to the ground. He suffered from blunt force trauma to his nose and face. He told detectives that he believes Johnson was attacked with brass knuckles, but wasn’t sure.

However, when Johnson was interviewed by GPD Lt. Rosanne Morrissette, she said the men used brass knuckles to beat on Pinto, and James, 20, struck her in the mouth with the weapon before throwing her to the ground.

Desiderio didn’t walk away from the attack unscathed. He was taken to a local hospital for treatment for wounds to his arms, hands and face.

GPD Det. John Yearly noted that Desiderio was in an “irate state of mind” when he spoke to him. He claimed that Pinto attacked him with a knife and that he “told him to put it down, and fight like a man,” the report states. Desiderio told another detective that Pinto knows he's sex offender and initiated the confrontation.

A “Milwaukee knife” was found at the scene, which Morrissette said belonged to Pinto who was attempting to defend himself from the two men surrounding him.

Morrissette said that detectives were unable to find brass knuckles on the duo or in the immediate area, but Pinto’s injuries seem consistent with being hit by an object other than a fist.

Both Desiderio and James are scheduled for a motion hearing in Magistrate Judge Cynthia Sanders courtroom July 31.

WINDOW ROCK – Attorney General Ethel Branch announced today that Deane Katherine Johnson, the former Office Maintenance Specialist for the Oak Springs Chapter has pled guilty to a charge of Theft from a Tribal Organization, a federal felony offense. In the plea agreement, Ms. Johnson admitted that in her position with the Oak Springs Chapter she knowingly and willfully took approximately $39,251.23 of funds belonging to the Chapter for her own use and the use of others.

“For too long, Chapter Officials and Employees have taken advantage of their positions to enrich themselves and their families at the expense of the Navajo Nation,” said Attorney General Ethel Branch. “Navajo DOJ will not turn a blind eye to abuse by tribal officials. We will continue to work with our law enforcement partners to protect the Nation’s limited financial resources and ensure those who take advantage of their positions receive the punishment they deserve,” she continued.

An audit conducted by the Navajo Nation Office of the Auditor General led to the investigation that resulted in this guilty plea.  The Auditor General, with the assistance of the Navajo Office of the Prosecutor, completed the investigation.  The tribal investigation was turned over to the United States Attorney for the District of Arizona and the Flagstaff Federal Bureau of Investigation for prosecution in federal court.

Ms. Johnson’s plea agreement will require her to repay the Navajo Nation for the full amount of loss, up to $39,251.23.  In exchange for pleading guilty and waiving her appeal rights, the Federal Government will recommend a two or three level reduction under the Federal Sentencing Guidelines. However, the Sentencing Guidelines are only advisory, and the Court is free to exercise its discretion to impose any reasonable sentence up to the maximum statutory sentence of five years imprisonment.  The plea agreement is the defendant’s admission of guilt and the final sentence will be imposed by the Judge at a sentencing hearing on August 14, 2017. The plea agreement does not bar the Navajo Nation Department of Justice from pursuing its own charges against Ms. Johnson.

By Babette Herrmann

Sun Editor

An unsuspecting teen became the victim of an alleged rape when she made the fateful decision to hop into Michael Lasiloo’s car July 11.

Lasiloo is currently behind bars at the McKinley County Adult Detention Center. He’s being held on a $15,000 cash only bond.

According to Gallup Police Department Det. Khaera Chee’s arrest warrant report, the 17-year-old teen, noted as “C.L.” in the report as to protect her identity, was going to pick up some “paper” for her mother. Chee said the term “paper” means a “a small amount of heroin.”

Before Chee interviewed C.L., the teen gave GPD Officer Adrian Quetawki an overview of what happened without getting into the gritty details of the alleged rape that involved drugs and alcohol. C.L. told the officer that she knew Lasiloo, 38, through her mother, and there were two other women in his car, so she felt it was “okay” to get into the vehicle.

When C.L. was later interviewed by Chee, she divulged the details of the rape and the events leading up to it, while staying consistent with the story she told Quetawki.

She said when Lasiloo picked her up from an unidentified location at 1 am on July 11, he was wearing a leather vest with no shirt, and jeans. C.L. said Lasiloo was drinking alcohol from a clear bottle and offered her a drink.

“C.L. stated that she took two 'slams' or gulps of the liquor and smoked 'weed,'” the report states.

Lasiloo dropped the two women off at a motel before heading to a motel near the El Sombrero restaurant. C.L. told Chee that she didn’t know either woman, and couldn’t recall the name of the motel.

Once at the motel, Lasiloo proceeded to put on a white tank top and talk with another man. C.L. said he next filled up a syringe with crystal methamphetamine and injected it into his arm as they headed eastbound on Highway 66.

C.L. said Lasiloo weaved recklessly as he drove down 66. He eventually turned south on Toltec Drive, then east on Churchrock Drive until they reached a rural area in Rehoboth. It was here that Lasiloo allegedly forced himself on top of her and proceeded to rape her.

When the assault was over, she wiped herself off with Lasiloo’s white tank top. But, C.L. attempted to preserve forensic evidence from the rape in a manner too graphic to list in this report.

The traumatized teen said she couldn’t remember any details about the vehicle she was in, only that it had a butterfly hanging from the review mirror and the car was a purple or pink late 1990’s model sedan.

The warrant report doesn’t state whether any evidence collected immediately aided detectives in their decision to arrest Lasiloo.

Chee showed C.L. a photo of Lasiloo, who she identified as her rapist. He was booked July 18 on one count of criminal sexual penetration in the second degree (force or coercion, child 13-18), contributing to the delinquency of a minor, and false imprisonment.

Lasiloo has a motion hearing July 24 in Magistrate Judge April Silversmith’s courtroom at 8:30 am.