Sentencing set for Breadsprings man who beat girlfriend to death

Troy Livingston pleaded guilty in August to second-degree murder
• Sentencing is tentatively set for November
• He beat to death Tyler Lamebear, his girlfriend

See the case write-up or more stories about the case

ALBUQUERQUE, N.M. — Troy Livingston is set to be sentenced on Nov. 12, 2020, after he pleaded guilty in August to second-degree murder for beating his 19-year-old girlfriend to death.

A notice on the docket states the sentencing will be at 9:30 a.m. in the Cimarron courtroom in front of District Judge William Johnson.

The docket and notice do not state if the hearing will be in person, virtual, a combination of the two or if that has not been decided yet.

Livingston, 20, pleaded guilty on Aug. 4, 2020, to a criminal information charging him with second-degree murder for Tyler Lamebear’s beating death on April 6, 2019. Livingston is an enrolled member of the Navajo Nation. Second-degree murder carries a maximum sentence of life.

According to the plea deal signed by prosecutor David Cowen, Livingston will be entitled to a two-level reduction in the federal sentencing guidelines, although where that puts his sentence is unknown pending the outcome of a pre-sentence report.

According to the plea, Livingston admitted to beating Lamebear with his hands, feet and a metal flashlight causing severe head, face and body injuries.

Although Magistrate Judge Laura Fashing took the plea, she deferred final acceptance until the sentencing hearing in front of Johnson.

It appears from the docket that the pre-sentence report may have been filed because entry 50 from the docket is missing, pre-sentence reports are not public and a sentencing date has been set.

What federal probation officers think his sentencing range should be has not been entered into the court docket yet. It is usually revealed either through a prosecution or defense sentencing memorandum.

A federal grand jury previously indicted Livingston on a charge of first-degree murder on Jan. 29, 2020.

Sentencing guidelines

The base offense level, per the sentencing guidelines for second-degree murder, is 38. The plea deal provides Livingston with a two-level reduction for pleading guilty, putting the base level at 36.

According to the federal sentencing table, with little or no criminal history, that puts Livingston’s proposed sentence, sans any increases or decreases, at 16 to 20 years. At a base offense level of 38, the range increases to 20 to 24 years.

According to New Mexico and federal court records, Livingston has one past criminal case, for intoxicated driving and child endangerment from March 2019. Prosecutors dismissed that the case at the magistrate level, without prejudice, on May 8, 2019 in a form dismissal and wrote that Livingston was in federal custody for “an alleged capital offense.” Past arrests or convictions in tribal court are unknown. His addresses are listed as Church Rock and Vanderwagen in state court documents.

Federal sentencing guidelines table, levels 33 to 43.
Federal sentencing guidelines table, levels 33 to 43. Sentence ranges are in months. Second-degree murder has a base level of 38 (sentence range of 20 to 24 years) and the plea deal means a two-level reduction, to 36, creating a sentence range of 16 to 20 years.

 

The killing

On April 6, 2019, Troy Livingston’s mother, Gertrude Livingston, identified in charging documents as G.L., was at home when her son and his girlfriend, Tyler Lamebear, came home to her Rodeo Road home in Breadsprings, FBI Agent Monty Waldron wrote in a statement of probable cause for Livingston’s arrest.

At 3 a.m., Livingston and Lamebear were arguing and Gertrude Livingston could “sense tension” between them. She then heard crying, which she believed was from her son hitting Lamebear. He ordered his mother out of the bedroom and she complied, Waldron wrote.

When she heard more crying, she went into the bedroom and saw her son allegedly stomping his girlfriend with his foot and described the girlfriend as being in a ball, her arms and hands around her head, he wrote.

“Again LIVINGSTON told G.L. to get out, so G.L. left the house,” Waldron wrote. “LIVINGSTON locked the door behind G.L. From outside, G.L. could hear screaming, thumping and banging.”

When it was quiet, the mother went back into the house and heard wheezing from inside the bedroom door. At some point, she called the Navajo Police Department to report a violent “dispute,”  Waldron wrote.

Officers found Lamebear lying on the floor, covered in blood, badly beaten. They asked her who beat her and she responded, “Troy did this to me.” Livingston was lying on the bed next to his 2-1/2-year-old toddler, who was not harmed, he wrote.

Medics transported Lamebear to the Gallup Indian Medical Center. She either died at the hospital or before she arrived, he wrote.

Livingston told FBI Agent David Loos and Navajo Criminal Investigator Ben Yazzie, during an interrogation, that he “took it too far, way too far.” He was angry Lamebear admitted to having sex with his friend. He also admitted to using a flashlight to beat her, Waldron wrote.

According to the autopsy report by Lori Proe, Lamebear had multiple “bruises, scrapes and skin tears of the face and scalp” and many of them had a distinctive shape, like that of a flashlight. Her nose was broken and there was bleeding in the deep tissues of her scalp and bleeding over the surface of her brain, which was swollen, “a change that can occur when the organ is damaged and/or deprived of oxygen.”

Multiple ribs were broken and she was bleeding in her chest and what would be a bite mark on her left shoulder, Proe wrote.

According to a deputy field investigation by Harolynn Yazzie, she was covered in dried blood and her clothing was soaked in blood.

For more details on the incident, see the case write-up

Do you have information about this case? NM Homicide needs your assistance. Please fill out this form or contact us.

Continue reading “Sentencing set for Breadsprings man who beat girlfriend to death”

Breadsprings man pleads to second-degree murder for beating death of girlfriend

Troy Livingston pleaded guilty to second-degree murder for the beating death of 19-year-old Tyler Lamebear
• Livingston’s 2 1/2 year old child was in the house while he beat Lamebear to death
• He faces up to life in prison

See the case write-up or more stories about the case

ALBUQUERQUE,  N.M. — During a virtual 30-minute hearing Aug. 4, 2020, Troy Livingston, 19, pleaded guilty to second-degree murder for the beating death of his girlfriend, Tyler Lamebear, 19.

Troy Livingston

Livingston pleaded guilty to a criminal information charging him with second-degree murder for Lamebear’s death on April 6, 2019.

According to the plea deal signed by prosecutor David Cowen, Livingston will be entitled to a two-level reduction in the federal sentencing guidelines, although where that puts his sentence is unknown pending the outcome of a pre-sentence report.

According to the minutes, Magistrate Judge Laura Fashing asked why the plea needed to be held so soon, and made findings as to why the plea hearing was held, but not what those findings were. The final acceptance of the plea was deferred until the sentencing hearing in front of a district court judge.

According to the plea, Livingston admitted to beating Lamebear with his hands, feet and a metal flashlight causing severe head, face and body injuries.

No sentencing hearing has been set.

Second-degree murder carries a maximum sentence of life.

A federal grand jury previously indicted Livingston on a charge of first-degree murder on Jan. 29, 2020.

According to the autopsy report by Lori Proe, Lamebear had multiple “bruises, scrapes and skin tears of the face and scalp” and many of them had a distinctive shape, like that of a flashlight. Her nose was broken and there was bleeding in the deep tissues of her scalp and bleeding over the surface of her brain, which was swollen, “a change that can occur when the organ is damaged and/or deprived of oxygen.”

Multiple ribs were broken and she was bleeding in her chest and what would be a bite mark on her left shoulder, Proe wrote.

According to a deputy field investigation by Harolynn Yazzie, she was covered in dried blood and her clothing was soaked in blood.

The incident

On April 6, 2019, Troy Livingston’s mother, Gertrude Livingston, identified in charging documents as G.L., was at home when her son and his girlfriend, Tyler Lamebear, came home to her Rodeo Road home in Breadsprings, FBI Agent Monty Waldron wrote in a statement of probable cause for Livingston’s arrest.

At 3 a.m., Livingston and Lamebear were arguing and Gertrude Livingston could “sense tension” between them. She then heard crying, which she believed was from her son hitting Lamebear. He ordered his mother out of the bedroom and she complied, Waldron wrote.

When she heard more crying, she went into the bedroom and saw her son allegedly stomping his girlfriend with his foot and described the girlfriend as being in a ball, her arms and hands around her head, he wrote.

“Again LIVINGSTON told G.L. to get out, so G.L. left the house,” Waldron wrote. “LIVINGSTON locked the door behind G.L. From outside, G.L. could hear screaming, thumping and banging.”

When it was quiet, the mother went back into the house and heard wheezing from inside the bedroom door. At some point, she called the Navajo Police Department to report a violent “dispute,”  Waldron wrote.

Officers found Lamebear lying on the floor, covered in blood, badly beaten. They asked her who beat her and she responded, “Troy did this to me.” Livingston was lying on the bed next to his 2-1/2-year-old toddler, who was not harmed, he wrote.

Medics transported the girlfriend to the Gallup Indian Medical Center. She either died at the hospital or before she arrived, he wrote.

Livingston told FBI Agent David Loos and Navajo Criminal Investigator Ben Yazzie, during an interrogation, that he “took it too far, way too far.” He was angry Lamebear admitted to having sex with his friend, Waldron wrote.

Do you have information about this case? NM Homicide needs your assistance. Please fill out this form or contact us.

Continue reading “Breadsprings man pleads to second-degree murder for beating death of girlfriend”

Breadsprings man indicted for first-degree murder in beating death of girlfriend

  • A federal grand jury indicted Troy Livingston on a single charge of first-degree murder on Jan. 29, 2020
  • Investigators allege Livingston confessed to beating her to death
  • Livingston’s child, 2 1/2, was found in the room with the beaten woman and Livingston

See the case write-up here.

ALBUQUERQUE, N.M. — A federal grand jury indicted a Breadsprings man, Jan. 29, 2020, for the beating death of 19-year-old Tyler Lamebear, his girlfriend, on April 6, 2019.

Troy Livingston, a member of the Navajo Nation, was originally charged on April 6, 2019, for his Tyler Lamebear’s death. He waived his right to a preliminary hearing as well as a grand jury indictment within 30 days before he was indicted on Jan. 29. He waived the indictment in hopes of securing a more lucrative plea deal, according to a motion for a continuance.

No trial date has been set.

The incident

FBI Agent Monty Waldron wrote in a statement of probable cause for his arrest that his mother made the call to 911 that eventually sent police, and then medics, to help the woman, who identified Livingston as her assailant.

His mother, Gertrude Livingston, identified in charging documents as G.L., was at home when her son and Lamebear, identified in court documents as T.L. or “Jane Doe,” came home to her Rodeo Road home in Breadsprings, Waldron wrote.

Continue reading “Breadsprings man indicted for first-degree murder in beating death of girlfriend”

Shiprock man pleads guilty to second-degree murder for killing fellow Navajo Nation man

  • Plea deal mandates a 15-year sentence for Zachariah Joe
  • The magistrate judge deferred acceptance of the plea until the “final disposition hearing”
  • No sentencing hearing has been set

See the full case summary

ALBUQUERQUE, N.M. — A 28-year-old Shiprock man pleaded guilty to second-degree murder, Oct. 31, 2019, for the stabbing death of a 32-year-old Navajo Nation tribal member at the beginning of the year.

Shiprock Pinnacle. Photo by DiAnn L’Roy/Flickr

Zachariah Joe pleaded guilty in U.S. Magistrate Court in Albuquerque to a criminal information charging him with second-degree murder, according to court documents.

According to the plea deal, Joe admitted killed Brett Micah Morgan by stabbing him 10 times in the chest and neck on Jan. 3, 2019.

The plea deal, signed off on by federal prosecutor David Cowen, states Joe would only receive a 15-year sentence, although any time spent on supervised release after serving a prison sentence would be up to U.S. Magistrate Judge Karen Molzen.

According to the minutes from the plea hearing, Molzen deferred acceptance of the plea to the “final disposition hearing.”

The plea deal states Molzen can wait until she sees a presentence report to accept, or deny, the plea deal.

Continue reading “Shiprock man pleads guilty to second-degree murder for killing fellow Navajo Nation man”

Tavor Tom: Unidentified woman (aunt) — 7-1-2019

Suspect: Tavor Tom, 18

Victim: Unidentified woman (Tom’s maternal aunt)

Charges: Second-degree murder (initially charged as first-degree murder)

Status: Pending

Date of incident: July 1, 2019

Investigative agencies: Federal Bureau of Investigations, Navajo Nation Criminal Investigation Section, McKinley County Sheriff’s Office

Location: Single-wide trailer, 25 yards east of Nizhoni Smile Dental, Shiprock, NM

County: McKinley County

Relation to victim: Nephew (maternal)

Federal Magistrate case number: 19-mj-01913

Federal District case number: 19-cr-02180

 

Summary

Tavor Tom, a member of the Navajo nation, allegedly went on July 1, 2019 to his maternal aunt’s house and stabbed her repeatedly, killing her, stole her car, then crashed it into a fence, according to his alleged confession.

He was allegedly trying to get to Farmington because he wanted to steal the over-the-counter drug Mucinex, generically known as guaifenesin.

A federal grand jury indicted him eight days later on July 9, 2019, on a charge of second-degree murder. His case is pending.

[cmtoc_table_of_contents]

The incident

Shiprock Pinnacle. Photo by DiAnn L’Roy/Flickr

At 10 a.m., July 2, 2019, the victim was found dead in her house by her father. Sometime during that same morning, Tavor Tom was found in the victim’s Jeep Cherokee, after he crashed into a fence in front of a church in Nenahnezad. Navajo Nation police officers found a bloody knife in the car, FBI agent Cary Cahoon wrote in an affidavit for an arrest warrant.

FBI agent Kalon Fancher interviewed Tom and advised him he did not have to speak with him, but Cahoon did not write if Fancher told Tom his Miranda rights.

According to Fancher’s interview with Tom, the latter allegedly admitted to killing the victim with a folding knife he took from his father’s vehicle with the intention of going to the victim’s house to steal her car so he could drive it to Farmington to steal Mucinex, Cahoon wrote.

Tom allegedly said he went to the victim’s trailer, “slit her throat and then stabbed her seven (7) or (8) times with the knife he took from his father’s vehicle, and then stole her vehicle,” Cahoon wrote.

Tom allegedly said he drove to the Wal-Mart in Farmington, stole Mucinex from the store around 7 p.m. and drove on the back roads toward Shiprock, Cahoon wrote.

He then crashed the vehicle into a fence at a church in Nenahnezad, rendering the vehicle undriveable. He was found in the vehicle the next morning.

Crashed car

Navajo Nation firefighter Derrick Woody told Cahoon that he responded to Tom’s car crash and that Tom allegedly tried to overdose on Mucinex. The drug, as well as vomit, were found in the vehicle.

Navajo Nation Sgt. Francis Yazzie told Cahoon that he also responded to the crash and he found a folding knife with blood on it on the passenger-side floorboard.

Family interviews

The victim’s father, only identified by the initials R. C., found the victim, unnamed in federal court documents, when he went to check on her at the behest of her adult children, who could not reach her on the phone.

“After R.C. discovered Victim and realized she was deceased, he called 911,” Cahoon wrote.

Cahoon was called by Navajo Nation detective Jerrick Curley that there had been a killing in Shiprock, in the exterior boundaries of the reservation.

Curley told Cahoon that he found the woman lying on her bedroom floor with multiple cuts and blood around her. He also told Cahoon that the woman’s nephew, Tom, had been in a car crash near Nenahnezad. The car he crashed allegedly belonged to the alleged victim and inside the vehicle police found a knife with blood on it.

The victim’s father, Tom’s grandfather, told Cahoon that Tom had come to his house, next door to the victim’s, at 6 p.m., July 1, 2019, to use his computer, and then left.

Tom’s mother, who was the victim’s sister and is only identified by the initials “M.T.,” told Cahoon that Tom lived with her at her house in Shiprock, which was in “close proximity” to the victim’s house, a single-wide trailer. Tom got around on a red ATV, parked next to R.C.’s house.

“M.T. received a text message from TOM the previous night (07/01/2019) and indicated he was with his friends,” Cahoon wrote. “M.T. went to visit Victim at her residence the previous evening (07/01/2019), at approximately 6:30 p.m., when M.T. arrived and saw that Victim’s vehicle was gone, she assumed Victim left in her vehicle to go somewhere.”

She said her son had been addicted to Mucinex for several years and uses it to get high.

“TOM also had been suicidal in the past and has become more violent recently,” he wrote.

M.T. alleged her son often takes her car without permission and drives it to stores where he can steal Mucinex. She also acknowledged that Tom was found in the victim’s vehicle.

“M.T. believed TOM was the one who killed Victim,” Cahoon wrote. “R.C. and M.T. both advised that Tom often went by and visited Victim at her house and that they got along with one another.”

The crime scene

In the afternoon of July 2, 2019, officers searched the interior and exterior of the victim’s trailer, although Cahoon did not write whom he obtained consent from, since the victim was dead.

During the search, officers found the key to Tom’s red ATV on a couch in the living room. A cell phone was found on a different couch in the living room and there were drops of blood in the kitchen, laundry room and bedroom.

“Additionally, the medicine cabinet door was open in the kitchen and it appeared that someone had rummaged through the prescriptions and over-the-counter medications,” Cahoon wrote.

The field investigator with the Office of the Medical Investigator found the victim had “trauma” and cuts to her neck, back and chest.

 

gov.uscourts.nmd.424819.1.0

 

Case progress

According to the court docket, Tom initially appeared July 3, 2019 and on July 10 in Albuquerque federal court, and he was ordered held indefinitely after his attorney waived a detention hearing.

On July 10, his attorney filed a waiver of a preliminary hearing. However, a federal grand jury had already indicted him on July 9, 2019, on a charge of second-degree murder. It was then set for a tentative trial date of Sept. 3, 2019.

According to the docket, that trial date was continued on Aug. 26, 2019 and the new tentative trial date is Feb. 10, 2020.

See the case on CourtListener.com or read the documents on Google Drive or Document Cloud

Navajo Nation man, 19, arrested for allegedly stabbing his aunt to death in Shiprock

See the full case write-up here

SHIPROCK, N.M. — Agents with the Federal Bureau of Investigations charged a Shiprock man with murder for allegedly stabbing his aunt to death at her home on July 1, 2019.

Tavor Tom, 19, was charged with an open count of murder, according to a criminal complaint and affidavit filed on July 3 in federal District Court. He was later indicted on a charge of second-degree murder on July 9, 2019.

Shiprock Pinnacle. Photo by DiAnn L’Roy/Flickr

The woman, described by interviewed witnesses as Tom’s maternal aunt but unnamed in court documents (but identified by her year of birth, 1974), was found dead in her home at 10 a.m. the following day, July 2, 2019, by her father. Sometime during that same morning, Tom was found in the victim’s Jeep Cherokee, after he allegedly crashed into a fence in front of a church in Nenahnezad. Navajo Nation police officers found a bloody knife in the car, FBI agent Cary Cahoon wrote in an affidavit for an arrest warrant.

FBI agent Kalon Fancher interviewed Tom and advised him he did not have to speak with him, but Cahoon did not write if Fancher told Tom his Miranda rights.

According to Fancher’s interview with Tom, the latter allegedly admitted to killing the victim with a folding knife he took from his father’s vehicle with the intention of going to the victim’s house to steal her car so he could drive it to Farmington to steal Mucinex, Cahoon wrote.

Continue reading “Navajo Nation man, 19, arrested for allegedly stabbing his aunt to death in Shiprock”

Troy Livingston: Tyler Lamebear — 4-6-2019

Suspect: Troy Livingston

Victim: Tyler Lamebear, 19

Charges: First-degree murder pleaded down to second-degree murder

Status: Plea to second-degree murder, pending sentencing. Initially Indicted on a charge of first-degree murder

Sentence: Set for 9:30 a.m., Nov. 12, 2020, Albuquerque Federal Court, Cimarron courtroom

Date of incident: April 6, 2019

Investigating agency: FBI

Prosecutor: David Cowen

Prosecuting agency: U.S. Attorney’s Office

Plea judge: Magistrate Judge Laura Fashing

Sentencing judge: District Judge William Johnson

Location: 53 Rodeo Road, Breadsprings, Navajo Nation, NM

County: McKinley County

Magistrate case number: 19-mj-00971

District case number: 20-cr-00316

 

Summary

On April 6, 2019, Troy Livingston, 18, beat his girlfriend, Tyler Lamebear, to death with his fists, feet and a flashlight after she said she had slept with one of his friends, according to court documents.

On Jan. 29, 2020, a federal grand jury indicted Livingston on a charge of first-degree murder for Lamebear’s death.

On Aug. 4, 2020, he pleaded guilty to a criminal information charging him with second-degree murder. No sentencing hearing has been set.

[cmtoc_table_of_contents]

The incident

On April 6, 2019, Troy Livingston’s mother, Gertrude Livingston, identified in charging documents as G.L., was at home when her son and his girlfriend, Tyler Lamebear, came home to her Rodeo Road home in Breadsprings, FBI Agent Monty Waldron wrote in a statement of probable cause for Livingston’s arrest.

At 3 a.m., Livingston and his girlfriend, Lamebear, were arguing and Gertrude Livingston could “sense tension” between them, he wrote.

Lamebear is identified as T.L. or “Jane Doe” in charging documents.

Troy Livingston

“G.L. heard crying from the bedroom and went in to see LIVINGSTON on top of Jane Doe with his fist raised,” Waldron wrote. “G.L. believes Jane Doe had already been hit because she was crying. Livingston told G.L. to get out of the bedroom which she did.”

When she heard more crying, she went into the bedroom and saw her son allegedly stomping his girlfriend with his foot and described the girlfriend as being in a ball, her arms and hands around her head, he wrote.

“Again LIVINGSTON told G.L. to get out, so G.L. left the house,” Waldron wrote. “LIVINGSTON locked the door behind G.L. From outside, G.L. could hear screaming, thumping and banging.”

When it was quiet, the mother went back into the house. She heard wheezing from inside the bedroom door, but did not know who was wheezing, he wrote.

At some point, she called the Navajo Police Department to report a violent “dispute” between Lamebear and her son, he wrote.

About 30 minutes after she went back into the house, Navajo police officers arrived and knocked on the door. When no one answered, they looked through the windows and saw blood on the floor. The mother then opened the door. Officers could see “lots of blood on the floor between the bedroom and the bathroom,” Waldron wrote.

Officers found the girlfriend laying on the floor, covered in blood, badly beaten. They asked her who beat her and she responded, “Troy did this to me.” Livingston was lying on the bed next to this 2-1/2-year-old toddler, who was not harmed, he wrote.

Medics transported the girlfriend to the Gallup Indian Medical Center. She either died at the hospital or before she arrived, he wrote.

FBI Agent David Loos and Navajo Criminal Investigator Ben Yazzie interrogated Livingston.

“I just got mad and took it too far, way too far,” Livingston said, according to Waldron’s statement of probable cause.

Livingston also allegedly said “I still can’t believe it, I killed her,” he wrote.

“LIVINGSTON stated that he was mad at her for sleeping with his friend as Jane Doe had finally admitted to doing,” Waldron wrote. “LIVINGSTON stated he ‘just started hitting her’ and took it too far. Livingston stated he hit Jane Doe with a flashlight and also used his foot.”

Livingston allegedly said he beat her in the bedroom and bathroom, he wrote.

FBI agents searched the house and found a flashlight with blood on it and photographs of Lamebear showed circular wounds that appeared to be consistent with the end of a flashlight, he wrote.

According to the autopsy report by Lori Proe, Lamebear had multiple “bruises, scrapes and skin tears of the face and scalp” and many of them had a distinctive shape, like that of a flashlight. Her nose was broken and there was bleeding in the deep tissues of her scalp and bleeding over the surface of her brain, which was swollen, “a change that can occur when the organ is damaged and/or deprived of oxygen.”

Multiple ribs were broken and she was bleeding in her chest and what would be a bite mark on her left shoulder, Proe wrote.

According to a deputy field investigation by Harolynn Yazzie, she was covered in dried blood and her clothing was soaked in blood.

The indictment and plea

After waiving his right to a grand jury indictment, as well as a preliminary hearing, a federal grand jury indicted him on a charge of first-degree murder on Jan. 29, 2020.

On Aug. 4, 2020, Livingston pleaded guilty to a criminal information charging him with second-degree murder for beating Lamebear to death.

According to the plea deal signed by prosecutor David Cowen, Livingston will be entitled to a two-level reduction in the federal sentencing guidelines, although where that puts his sentence is unknown pending the outcome of a pre-sentence report.

According to the minutes, Magistrate Judge Laura Fashing asked why the plea needed to be held so soon, and made findings as to why the plea hearing was held, but not what those findings were. The final acceptance of the plea was deferred until the sentencing hearing in front of a district court judge.

A sentencing hearing is set for Nov. 12, 2020.

Sentencing guidelines

The base offense level, per the sentencing guidelines for second-degree murder, is 38. The plea deal provides Livingston with a two-level reduction for pleading guilty, putting the base level at 36.

According to the federal sentencing table, with little or no criminal history, that puts Livingston’s proposed sentence, sans any increases or decreases, at 16 to 20 years. At a base offense level of 38, the range increases to 20 to 24 years.

According to New Mexico and federal court records, Livingston has one past criminal case, for intoxicated driving and child endangerment from March 2019. Prosecutors dismissed that the case at the magistrate level, without prejudice, on May 8, 2019 in a form dismissal and wrote that Livingston was in federal custody for “an alleged capital offense.” His past arrests or convictions in tribal court is unknown.

Federal sentencing guidelines table, levels 33 to 43.
Federal sentencing guidelines table, levels 33 to 43. Sentence ranges are in months. Second-degree murder has a base level of 38 (sentence range of 20 to 24 years) and the plea deal means a two-level reduction, to 36, creating a sentence range of 16 to 20 years.

See the documents on Google Drive or on Document Cloud

See stories from this case

Sentencing set for Breadsprings man who beat girlfriend to death

Breadsprings man pleads to second-degree murder for beating death of girlfriend

Breadsprings man indicted for first-degree murder in beating death of girlfriend

 

Zachariah Stanley Joe: Brett Micah Morgan — 1-3-2019

Suspect: Zachariah Stanley Joe

Victim: Brett Micah Morgan (referred to in court documents as B.M.M., year of birth 1986, an enrolled member of the Navajo tribe)

Charges: Open count of murder

Status: Guilty plea to second-degree murder, judge has deferred on acceptance of the plea

Date of incident: Jan. 3, 2019

Investigative agencies: Federal Bureau of Investigations, Navajo Nation Criminal Investigation Section

Location: Shiprock, San Juan County

Federal Magistrate case number:19-mj-00030

Federal District case number: 19-cr-03746

 

Summary

Zachariah Joe first attacked Brett Micah Morgan after visiting with him and another man at a house in Shiprock. After being tackled to the ground, he locked Morgan and the other man, only identified in court documents as B.M., out of the house. He then found a kitchen knife and stabbed Morgan 10 times in the chest and neck, killing him, according to court records.

Joe pleaded guilty on Oct. 31, 2019 to a single charge of second-degree murder, according to court records.

The plea deal states he will receive a sentence of 15 years. However, the U.S. Magistrate Judge in the case has deferred acceptance of the plea agreement until the final disposition hearing.

No more hearings have been set in the case.

[cmtoc_table_of_contents]

The incident

Shiprock. Photo by Bowie Snodgrass/Flickr

On Jan. 3, 2019, Zachariah Stanley Joe, 28, showed up at a house where Brett Micah Morgan, 32, and another man, identified by the initials B.M., were hanging out. Joe had just been fired from Burger King in Shiprock, Federal Bureau of Investigations Agent Lance Roundy wrote in an affidavit for a criminal complaint for the arrest of Joe.

Roundy referred to Morgan in court documents initially as “B.M.M.,” then by “John Doe.” The other identifiers Roundy included were Morgan’s year of birth, 1986, and that he was a Navajo Nation tribal member, as is Joe.

Although Roundy only identified Morgan as “B.M.M.” in court documents, he was identified in his obituary in the Farmington Daily Times. In additional to the correct initials, his obituary states he was born in 1986 and he died on Jan. 3, 2019, all details that match with Roundy’s affidavit. The obituary has been archived here via the Internet Archive and here as a PDF.

Roundy wrote someone interviewed B.M., who said Joe had been texting with Morgan while Morgan and B.M. drank at a Shiprock house. During the evening, Joe texted Morgan that he left work, at Burger King, and wanted to come over.

When Joe showed up, he was drunk and upset about being fired, Roundy wrote.

“Joe continued his tirade about losing his job throughout the evening and at one point, JOE violently struck John Doe in the face with the back of his hand, sending John Doe back towards the wood burning stove,” Roundy wrote, citing the interview with B.M.

Joe tried to attack the prone victim but B.M. punched Joe several times in the head and wrestled him to the ground long enough for Morgan and B.M. to get of the house. Joe locked the door from the inside. Morgan and B.M. could hear him searching through kitchen drawers and cabinets in a “violent” manner, Roundy wrote.

“B.M. then became upset feeling that his home was being invaded, and subsequently ran to the known residence of JOE and broke a window,” Roundy wrote. “B.M. then returned to his residence approximately five minutes later and found John Doe on the ground just outside the door bleeding.”

Joe was standing over Morgan. At some point two other people, identified as “D.T.” and “V.B.” arrived and drove Morgan to the hospital. Navajo police then arrested B.M. for breaking Joe’s window.

Roundy wrote that the Office of the Medical Investigator found that Morgan suffered from 10 “puncture and/or laceration wounds.” He was pronounced dead at the Northern Navajo Medical Center.

Roundy wrote that someone interviewed D.T., who said that he arrived at the house with V.B. and saw Joe kicking Morgan on the ground, outside the house. D.T. got out of the car and pushed Joe back from Morgan, saw he was unresponsive and heard Joe say that Morgan “was stabbed.”

D.T. then kept Joe at a distance and tried to get Morgan to his feet but realized he was bleeding, put him in a car and drove him to the hospital, he wrote.

D.T., who also lived at the house, later realized a kitchen knife was missing from a drawer, Roundy wrote.

V.B. said during an interview that when she arrived with D.T., she did not notice anything in Joe’s hands.

In the plea deal, Joe attested that he initially hit Morgan. B.M. threw Joe down, but eventually Joe locked them out of the house.

“I located a knife in the residence and armed myself with it,” the plea deal states. “A short time later, I exited the residence and confronted John Doe. I started a fight with John Doe and I stabbed John Doe with the knife approximately 10 times in his chest, side and neck.”

In the plea, he admitted that his stabbing caused Morgan’s death.

“While I stabbed John Doe, he begged for me to stop, but I did not,” the plea deal states. “In doing so, I acted with callous and wanton disregard for human life.”

The U.S. Attorney’s Office for New Mexico only published a press release on the case after Joe pleaded guilty and did not publish one after he was arrested.

The Farmington Daily Times first broke the story on January 14, 2019. Joe was charged on Jan. 4.

Below is the affidavit for a criminal complaint filed by Roundy.

 

D.N.M._1_19-cr-03746-JB_1_0 - Zachariah Joe affidavit for CC

 

Plea and possible sentence

On Oct. 31, 2019, Joe pleaded guilty to second-degree murder, before he was indicted by a grand jury. He previously waived his right to a preliminary hearing, on Jan. 9.

U.S. Magistrate Judge Karen Molzen deferred acceptance of the plea agreement.

The case had been continued multiple times because the prosecution and Joe’s defense attorney, Melissa Morris, were trying to reach a plea in “pre-indictment negotiations,” according to the docket and an Aug. 16 motion to continue the grand jury presentment. The plea was also signed by federal prosecutor David Cowen.

The plea agreement states Joe will receive a sentence of 15 years, although U.S. Magistrate Judge Karen Molzen can decide how much, if any, time Joe should spend on supervised release after serving his sentence. She can also levy a fine.

According to the plea hearing minutes for the Oct. 31 hearing, Molzen deferred final acceptance of the the plea agreement until the “final disposition hearing.”

The plea agreement states Molzen can wait to accept or reject the plea until after a presentence report has been submitted.

No sentencing date has been set and Molzen ordered that a presentence report be created.

According to the plea, the possible maximum sentence for second-degree murder is life imprisonment.

The plea agreement states the 15-year sentence considers Joe’s acceptance of responsibility and that 15 years is the “appropriate disposition.”

In the plea agreement, Joe attested that he locked Morgan and B.M. out of the house, he found a knife and then confronted Morgan.

“I started a fight with John Doe and I stabbed John Doe with the knife approximately 10 times in his chest, side and neck. These stab wounds caused John Doe’s death. While I stabbed John Doe, he begged for me to stop, but I did not. In doing so, I acted with callous and wanton disregard for human life.”

Court documents give no indication of future court dates.

See all the documents on Google Drive or view the case and documents on Court Listener.