John Lodgepole sentenced to 7 years for brutal beating death of Michaelene Warren

• Judge Kea Riggs sentenced John Lodgepole to seven years in prison
• Lodgepole faced a sentence range of six to eight years under a plea offered by prosecutor Raquel Ruiz-Velez
• Riggs could have rejected the plea deal for Lodgepole’s brutal beating death of Michealene Warren in Nenahnezad
• Without a plea, Lodgepole faced a maximum sentence of 10 years

See the case write-up here or past stories on this case

ALBUQUERQUE, N.M. — John Lodgepole will spend seven years in prison for beating a woman, smashing in her head with a cinderblock and then beating her ankles with a cane after he realized she was still alive.

District Judge Kea Riggs sentenced Lodgepole, 22, to seven years in prison for killing Michealene Warren, 43, of Nenahnezad, during a virtual hearing on Tuesday, Aug. 24, 2021.

Lodgepole pleaded guilty on Nov. 3, 2020, to one count of voluntary manslaughter, with a sentence range of six to eight years. Riggs could have rejected the plea given to Lodgepole by prosecutor Raquel Ruiz-Velez. Magistrate Judge Steven Yarbrough presided over the plea hearing, but deferred final acceptance to the sentencing hearing in front of a district court judge, Riggs.

Lodgepole will spend an additional three years on supervised probation after he is released from prison.

Ruiz-Velez asked for seven years in prison while, according to the minutes, Lodgepole’s attorney, Melissa Morris, asked for six years.

In a largely boilerplate sentencing memorandum Ruiz-Velez filed on Feb. 26, 2021, she wrote that a presentence investigation report put Lodgepole’s sentencing guideline at 6 1/2 to 8 years, with an offense level of 26 and a criminal history category of III. Lodgepole was on probation for an unspecified crime when he killed Warren and had a history of violence and substance abuse. Corrections officers also found 12 Suboxone strips in his incoming mail while he was awaiting trial.

The reasons behind the plea deal are unknown, as are the reasons why he was indicted on a charge of voluntary manslaughter. According to the plea deal, Warren provoked Lodgepole by calling him names and threatening him at his mother’s house in Nenahnezad. Police also noted a bloody bat at the scene, but it is not mentioned in his plea deal.

He was initially charged with murder on Aug. 1, 2019 and then indicted on the voluntary manslaughter charge on Oct. 9, 2019. However, his case remain sealed until Oct. 24, 2019, for unknown reasons.

According to the sentencing minutes, Lodgepole addressed the judge, as did Warren’s sister, Miracle Yellowman. What she said is not memorialized in the minutes. His entire sentencing hearing took just 27 minutes. Lodgepole did not physically appear for his hearing.

A restitution hearing is set for 9:30 a.m., Nov. 16, 2021 in Albuquerque.

Warren was a friend of Lodgepole’s mother. Warren’s obituary contains no information about her.

For more details on Lodgepole’s brutal killing of Warren, please see the case write up.

Is John Lodgepole’s sentence fair?

While Lodgepole faced a maximum sentence of eight years, under his plea for beating a woman until she fell to the ground, smashing in her head with a cinderblock and then, when he saw she was still alive, propping up her ankles with the same cinderblock and beating her ankles, he faired far better than a man sentenced just four days prior, Quentin Veneno.

Here’s how Lodgepole’s sentence compares with other recent federal sentencings, per press releases from the U.S. Attorney’s website:

Quentin Veneno Jr., 35, of Dulce, received a 9-year, 7-month sentence after being convicted of domestic assault by a habitual offender and assault resulting in serious bodily injury. That sentence is almost two years more than what Lodgepole, on probation at the time he killed Warren, received. Riggs sentenced him.

Emery Garcia, 37, of San Felipe, will spend 5 years in person after he attacked his two teenage sons with a piece of wood. Judge James Browning sentenced him.

Joe Maldonado, 43, of Albuquerque, will spend 10 years in prison, three more than Lodgepole, for selling 30 grams of heroin and 139 grams of methamphetamine to an undercover agent while carrying a pistol. Judge Judith Herrera sentenced him.

Arturo Muñoz, 67, of Phoenix, will spend 8 years in prison, one more than Lodgepole, after officers searched his vehicle and found 2.17 kilograms of methamphetamine. His co-defendant, Ricardo Osornio, received a 5-year sentence. Judge Kenneth Gonzales sentenced Muñoz.

Ismael Valdez, 38, of Las Cruces, will spend 12 years in prison for attempted coercion and enticement of a child, which was actually an undercover officer posing as a 13-year-old girl. Judge David Nuffer sentenced him.

Israfil Madriaga, 23, of Albuquerque, will spend 15 years in prison for the attempted bank robbery of a gas station where he shot a man, who survived. Riggs sentenced him.

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Tavor Tom sentenced to 15 years for stabbing aunt to death

• Tavor Tom faced a maximum sentence of life
• Prosecutor Joseph Spindle asked for 17.5 and his defense attorney asked for 7 years
• Tom stabbed his aunt, Roberta Clyde, 75 times at her Shiprock home

See the case write-up or read previous stories on the case

SHIPROCK, N.M. — A federal judge sentenced Tavor Tom, 20, to 15 years in federal prison, April 7, for stabbing his aunt to death at her Shiprock home in 2019.

Judge William Johnson sentenced during a virtual hearing. Tom, of Shiprock, pleaded guilty to second-degree murder on Nov. 24, 2020 for stabbing to death his aunt, Roberta Clyde, 45, and there was no agreement to the sentence.

Shiprock Pinnacle. Photo by DiAnn L’Roy/Flickr

Federal probation officers calculated Tom’s suggested sentence at 14 to 17.5 years. His attorney, James Loonam, asked for half of that, seven years, while prosecutor Joseph Spindle asked for the maximum under the guidelines, 17.5 years.

Tom appeared via video for the sentencing hearing and family members appeared via Zoom and one of them addressed the court, according to minutes from the hearing.

The minutes do not say who spoke or what was said. At the hearing, Spindle argued for 17.5 years and Loonam argued for seven years.

Tom must also pay $4,077 in restitution to Erik Benally, $11,522 to State Farm and $6,000 to the New Mexico Crime Victim’s Reparation Commission.

According to court records, after stabbing Clyde to death on July 1, 2019, Tom stole her Jeep Cherokee, eventually crashing it 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.

During an interrogation, Tom told FBI agents he killed his maternal aunt with a folding knife he took from his father’s vehicle. He intended to go to her house to steal her car so he could drive it to Farmington to steal Mucinex. After he stole it from the store, he drove on the back roads toward Shiprock and he crashed the vehicle into the fence. He was found in it the next morning, Cahoon wrote.

In the plea agreement, Tom wrote that he stabbed his aunt repeatedly with a knife, “intentionally and without justification.”

When interrogated by FBI agents, he said he stabbed her repeatedly and slit her throat, according to court documents.

For more details on the crash, see the case write-up.

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

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Prosecutor asks for seven years for John Lodgepole in brutal beating death of Michaelene Warren

• John Lodgepole pleaded guilty to beating Michealene Warren to death in Nenahnezad 
• Prosecutor Raquel Ruiz-Velez gave him a plea deal of six to eight years and asked a judge to sentence him to seven
• His sentencing has been indefinitely postponed

See the case write-up here or past stories on this case

ALBUQUERQUE, N.M. — After giving John Lodgepole, 22, a plea deal of six to eight years for staving in the head of a woman, and then beating her ankles with a cane, federal prosecutor Raquel Ruiz-Velez is asking a judge to sentence him to seven years in prison.

In a largely boilerplate sentencing memorandum filed on Feb. 26, 2021, Ruiz-Velez wrote that a presentence investigation report put Lodgepole’s sentencing guideline at 6 1/2 to 8 years, with an offense level of 26 and a criminal history category of III.  He was indicted Oct. 9, 2019, on a charge of voluntary manslaughter, after initially being charged with murder.

Ruiz-Velez gave Lodgepole, of Fruitland, a plea of six to eight years on Nov. 3, 2020. One paragraph addresses Lodgepole as a person, as Ruiz-Velez wrote that he had a significant criminal history for only being 22, that he was on probation when he killed Michaelene Warren, 43, and he has a history of violence and substance abuse.

On June 11, 2020, jail guards found 11 Suboxone strips in his incoming mail and his substance abuse appears to have followed him into jail, she wrote.

Ruiz-Velez wrote Lodgepole’s killing of Warren as “extremely violent” and “heinous conduct.” Quoting from the sentencing investigation, she wrote that Warren’s parents are “emotionally hurting from what occurred.”

Lodgepole had been set to be sentenced on April 14 in front of District Judge James Parker, but that hearing was cancelled on April 2. Parker can still, technically, reject Lodgepole’s binding plea deal at sentencing. The reasons behind the plea deal are unknown, as are the reasons why he was indicted on a charge of voluntary manslaughter.

No reason is listed and no new hearing has been set.

While Ruiz-Velez submitted a sentencing memorandum, Lodgepole’s attorney, Melissa Morris, does not appear to have filed one, according to the docket.

Lodgepole wrote in the plea deal that he punched Warren in the head and face 10 times because she called him names and threatened him. After throwing her to the ground, he took a cinderblock and “smashed the back of her head” in Nenahnezad.

“When I noticed that Jane Doe was still breathing, I took the block, placed it under her feet and used a cane to strike her ankles for approximately five or six times,” Lodgepole wrote in the plea deal.

Warren, 43, was a friend of Lodgepole’s mother. Warren’s obituary contains no information about her.

Read more about the incident in the case write-up.

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See the case documents on Google Drive or Document Cloud.

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Tavor Tom to ask for 7 years at sentencing, prosecution for 17

Tavor Tom‘s sentencing is set, virtually, for 2 p.m., April 7
• The defense wants seven years while the prosecution wants 17.5
• Judge William Johnson has total sentencing discretion, up to life

See the case write-up or read previous stories on the case

SHIPROCK, N.M. — Tavor Tom is asking a judge to sentence him to seven years for stabbing his aunt 75 times at her Shiprock home, including twice through the skull, while federal prosecutors are asking for 17 years.

Tom pleaded guilty on Nov. 24, 2020, to second-degree murder for stabbing to death his aunt, Roberta Clyde, 45, in 2019, after being indicted on the same charge on July 9, 2019. There was no agreement as to sentence, which is up to the sentencing judge.

Tom’s sentencing is currently set for 2 p.m., April 7, 2021, after being reset multiple times because the judge, William Johnson, was unavailable.

Tom’s attorney, James Loonam, wrote in a sentencing memorandum that Tom should be sentenced to seven years, half of his calculated sentence guideline of 14 to 17.5 years. Second-degree murder carries a maximum sentence of life.

Loonam wrote that Tom’s age at the time, 18, was one reason, and that Tom, high on and addicted to dextromethorphan, also known as Mucinex, was “operating under diminished capacity” when he stabbed his aunt to death. That he killed a family member, and “will face consequences of loss of part of his family for the rest of his life,” was the third reason for giving Tom a sentence below the guidelines. Tom had been addicted to the drug since he was 14.

“Tavor knows that his actions have caused everyone he loves and cares about almost unbearable pain,” he wrote.

Loonam wrote that Tom was hospitalized 10 times for dextromethorphan overdoses and five times were suicide attempts. He included a timeline of the overdoses.

“Each hospitalization indicates that Tavor exhibited signs of chronic depression,” he wrote.

Loonam wrote that Tom’s actions were “a product of that (drug) abuse and addiction.”

Prosecutor Joseph Spindle wrote in his own sentencing memorandum that Johnson should sentence Tom to the high end of the sentencing guideline calculated by the U.S. Probation Office, 17.5 years.

Spindle wrote that Tom went to Clyde’s house to steal her car.

“However, once he was inside her house, the attempted theft became infinitely worse,” he wrote. “Before stealing her car, Defendant decided to stab his aunt seventy-five times in the face, back, abdomen, arms, hands and neck. She died of blood loss on the floor of her bedroom, alone and suffering.”

Among the reasons for a sentencing at the top of the guideline was how “senseless and brutal” it was.

“The stabbing was so frenzied, two of the stab wounds penetrated her skull,” Spindle wrote. “She died of blood loss. This level of brutality far exceeds what would have been necessary to effectuate a murder.”

While Tom is young and experienced traumatic events, his drug use contributed to them and he seems disinterested in curbing his use, he wrote. Spindle wrote:

“According to Defendant, treatment “takes up too much time.” (Doc. 38, ¶ 60). This level of apathy to his drug use, even after multiple overdoses and the murder of a loved-one, indicates that he is not interested in changing his life. Therefore, even if the brutal murder of his aunt can be partially attributed to Defendant’s drug use, the fact that he does not intend curtail his drug use indicates he will remain a public safety risk.”

Spindle is also asking for $21,606 in restitution.

The stabbing

At 10 a.m., July 2, 2019, Clyde was found dead in her house by her father. Sometime during that same morning, Tavor Tom was found in her 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.

During an interrogation, Tom told FBI agents he killed Clyde with a folding knife he took from his father’s vehicle. He intended to go to her house to steal her car so he could drive it to Farmington to steal Mucinex. After he stole it from the store, he drove on the back roads toward Shiprock and he crashed the vehicle into the fence. He was found in it the next morning, Cahoon wrote.

Pathologist Ross Zumwalt wrote in the autopsy report that Clyde suffered a total of 75 separate “sharp force injuries,” meaning stab wounds and incised, or slashing, wounds.

“Two of the stab wounds of the back of the head penetrated the skull resulting in bleeding around the brain,” Zumwalt wrote.

Clyde also has four stab wounds in her chest and one in her abdomen, which penetrated her stomach. She also has cutting wounds on her hands, which Zumwalt classified as probable defensive wounds.

“Death was a result of the blood loss caused by the multiple wounds,” Zumwalt wrote.

For more details on the crash, see the case write-up.

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

 

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John Lodgepole to be sentenced in April for brutal killing of woman in Nenahnezad

John Lodgepole beat Michaelene Warren and staved in her head with a cinderblock
• When he saw she was still alive, he propped up her legs and beat her ankles with a cane
• Prosecutor Raquel Ruiz-Velez gave him a plea deal of six to eight years

See the case write-up here or past stories on this case

Update: On April 2, 2021, the sentencing date was vacated. No reason was given and no new sentencing date has been set.

Albuquerque, N.M. — A sentencing hearing has been tentatively set for John Lodgepole, who pleaded guilty to manslaughter for beating Michaelene Warren, staving in her head with a cinderblock and, after he saw she was still alive, beating her ankles with a cane.

Lodgepole, 21, of Fruitland, is tentatively set to be sentenced at 3 p.m., April 14, 2021, by District Judge James Parker, according to a hearing notice. The hearing will be held virtually, via Zoom. No courtroom is listed on the hearing notice, entered on Feb. 10, 2021.

Lodgepole pleaded guilty to a single count of voluntary manslaughter, on Nov. 3, 2020, for Warren’s brutal beating death, on Aug. 1, 2019, in Nenahnezad. He signed a binding plea deal that set his sentence at just six to eight years. The deal was proffered by federal prosecutor Raquel Ruiz-Velez. The sentencing judge, Parker, can still reject it.

A view from the Indian Service Route 36 near Nenahnezad. Photo by Gene Selkov/Flickr.

Lodgepole wrote in the plea deal that he punched Warren in the head and face 10 times because she called him names and threatened him. After throwing her to the ground, he took a cinderblock and “smashed the back of her head.”

Warren, 43, was a friend of Lodgepole’s mother.

“When I noticed that Jane Doe was still breathing, I took the block, placed it under her feet and used a cane to strike her ankles for approximately five or six times,” according to the plea deal.

The reasons behind the plea deal are unknown. He was indicted Oct. 9, 2019, on a charge of voluntary manslaughter.

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See the case documents on Google Drive or Document Cloud

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Tavor Tom to be sentenced in March for brutal stabbing death of aunt

Tavor Tom stabbed or slashed aunt Roberta Clyde at least 75 times
• Tom pleaded guilty to second-degree murder in November
• Judge William Johnson has total discretion to sentence him from no time to life imprisonment

See the case write-up or read previous stories on the case

SHIPROCK, N.M. — Tavor Tom could be sentenced as early as March 12, 2021, after he pleaded guilty in November to second-degree murder for the brutal stabbing death of his maternal aunt, Roberta Clyde, 45, of Shiprock.

District Judge William Johnson tentatively set the virtual sentencing hearing via a notice entered on Jan. 27. Assuming the case is not continued, it will be conducted over the video conferencing platform Zoom.

Federal sentencing guidelines appear to place Tom’s suggested sentence at 16 to 20 years. No sentencing memorandums, from the prosecution or defense, have been filed n the case.

Tom, 19, of Shiprock, pleaded guilty on Nov. 24, 2020, to second-degree murder for stabbing Clyde to death in 2019. The plea was conditionally accepted by federal Magistrate Judge Kirtan Khalsa during a virtual hearing that lasted just over 30 minutes.

federal grand jury indicted him on July 9, 2019, on a charge of second-degree murder. He stabbed his aunt to death on July 1, 2019. According to the plea deal proffered by federal prosecutor Joseph Spindle, there is no agreement as to the sentence.

The stabbing

At 10 a.m., July 2, 2019, Clyde was found dead in her house by her father. Sometime during that same morning, Tavor Tom was found in her 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.

During an interrogation, Tom told FBI agents he killed Clyde with a folding knife he took from his father’s vehicle. He intended to go to her house to steal her car so he could drive it to Farmington to steal Mucinex. After he stole it from the store, he drove on the back roads toward Shiprock and he crashed the vehicle into the fence. He was found in it the next morning, Cahoon wrote.

Pathologist Ross Zumwalt wrote in the autopsy report that Clyde suffered a total of 75 separate “sharp force injuries,” meaning stab wounds and incised, or slashing, wounds.

“Two of the stab wounds of the back of the head penetrated the skull resulting in bleeding around the brain,” Zumwalt wrote.

Clyde also has four stab wounds in her chest and one in her abdomen, which penetrated her stomach. She also has cutting wounds on her hands, which Zumwalt classified as probable defensive wounds.

“Death was a result of the blood loss caused by the multiple wounds,” Zumwalt wrote.

For more details on the crash, see the case write-up.

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

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Tavor Tom pleads to 2nd-degree murder for killing of aunt

Tavor Tom pleaded guilty to second-degree murder
• He faces a maximum sentence of life for killing his aunt
Federal sentencing guidelines put his sentence at 16 to 20 years

See the case write-up or read previous stories on the case

SHIPROCK, N.M. —  Tavor Tom could receive a sentence of up to life in a federal prison after he pleaded guilty, Nov. 24, 2020, to second-degree murder for stabbing his aunt to death in 2019.

Tom, 19, of Shiprock, pleaded guilty in front of federal Magistrate Judge Kirtan Khalsa during a virtual hearing that lasted just over 30 minutes. Khalsa deferred final acceptance of the plea deal until sentencing by a district court judge, who has not been assigned yet.

Shiprock. Photo by Joseph Novak/Flickr

Tom will remain in jail pending his sentencing hearing.

A federal grand jury indicted him on July 9, 2019, on a charge of second-degree murder. He stabbed his aunt to death on July 1, 2019.

According to the plea deal proffered by federal prosecutor Joseph Spindle, there is no agreement as to the sentence.

Prosecutors will agree that Tom accepted responsibility for his conduct and grant that, under the sentencing guidelines, he is entitled to a reduction of two levels from the base offense. Spindle and Tom’s defense attorney, James Loonam, can argue whatever they want when it comes to the sentence.

In the plea agreement, Tom wrote that he stabbed his aunt repeatedly with a knife, “intentionally and without justification.”

When interrogated by FBI agents, he said he stabbed her repeatedly and slit her throat, according to court documents.

A records request for the autopsy report is pending with the Office of the Medical Investigator.

Sentencing guidelines

Second-degree murder carries a base offense level, per the federal sentencing guidelines for second-degree murder, is 38. The plea deal provides Tom 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 Tom’s proposed sentence, sans any increases or decreases, at 16 to 20 years. At a base offense level of 38, the level without the consideration of his guilty plea, the range increases to 20 to 24 years.

Based on a search of federal and state court records, Tom does not appear to have any prior state or federal arrests. His tribal criminal records are unknown.

His final sentence will be up to the sentencing judge. No sentencing date has been set.

Federal sentencing guidelines table, levels 33 to 43.
Federal sentencing guidelines table, levels 33 to 43.

The crime

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.

During an interrogation, Tom told FBI agents he killed his maternal aunt with a folding knife he took from his father’s vehicle. He intended to go to her house to steal her car so he could drive it to Farmington to steal Mucinex. After he stole it from the store, he drove on the back roads toward Shiprock and he crashed the vehicle into the fence. He was found in it the next morning, Cahoon wrote.

For more details on the crash, see the case write-up.

Continue reading “Tavor Tom pleads to 2nd-degree murder for killing of aunt”

Plea set for Tavor Tom in aunt’s stabbing death in Shiprock

• A change of plea hearing is set for Tavor Tom on Nov. 24, 2020
• A grand jury indicted Tom on a charge of second-degree murder for allegedly killing his aunt
• Tom told FBI agents he stabbed her seven to eight times and slit her throat

See the case write-up or read previous stories on the case

SHIPROCK, N.M. —  The Shiprock man who told police he stabbed his aunt and stole her car, before crashing it into a fence on his way to Farmington in 2019, is set for a change of plea hearing on Nov. 24, 2020.

Shiprock in the snow. Photo by Larry Lamsa/Flickr. CC-BY

According to a hearing notice, Tavor Tom, 19, is set for a change of plea hearing at 10 a.m. in front of Magistrate Judge Kirtan Khalsa. The hearing is to be held virtually, via Zoom.

A federal grand jury indicted him on July 9, 2019, on a charge of second-degree murder and his case has been continued at least four times. A jury trial in front of District Judge William Johnson had been set for Jan. 4. 2021.

Tom has been in custody since he was arrested on July 2, 2019. The prosecutor in the case appears to be Joseph Spindle with the U.S. Attorney’s Office.

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.

During an interrogation, Tom told FBI agents he killed his maternal aunt with a folding knife he took from his father’s vehicle. He intended to go to her house to steal her car so he could drive it to Farmington to steal Mucinex. After he stole it from the store, he drove on the back roads toward Shiprock and he crashed the vehicle into a fence at a church in Nenahnezad. He was found in it the next morning, Cahoon wrote.

For more details on the crash, see the case write-up.

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Fruitland man to receive 6-8 years for woman’s beating death

John Lodgepole’s plea sets his sentence at 6 to 8 years
• Lodgepole wrote he punched a woman in the head 10 times, then threw her to the ground
• While she was on the ground, he grabbed a cinderblock and smashed the back of her head
• When he saw she was still breathing, he propped up her legs and beat her ankles with a cane
• Federal prosecutor Raquel Ruiz-Velez proffered the binding plea deal

See the case write-up here or past stories on this case

ALBUQUERQUE, N.M. — The Fruitland man who staved in a woman’s head with a cinderblock, then beat her ankles with a cane after he saw she was still alive, will be sentenced to 6 to 8 years for the killing, after he pleaded guilty on Nov. 3, 2020.

John Lodgepole, 21, was initially charged with murder and then indicted on a charge of voluntary manslaughter, which brings a maximum sentence of 15 years, down from the maximum sentences of life for first- and second-degree murder.

Federal prosecutor Raquel Ruiz-Velez‘s offered plea deal states Lodgepole can only be sentenced to 6 to 8 years in prison for the brutal beating death of his mother’s friend in Nenahnezad, if it is ultimately accepted by a federal district court judge. If accepted, the binding plea agreement controls the sentence range.

Magistrate Judge Steven Yarbrough accepted the plea, although he deferred final acceptance until sentencing in front of a district court judge, according to a plea minutes sheet.

Lodgepole wrote in a plea deal that he punched his mother’s friend in the head and face 10 times because she called him names and threatened him. He then threw her to the ground and then he took a cinderblock and “smashed the back of her head.” She is identified in court documents as M.W. (YOB: 1975).

“When I noticed that Jane Doe was still breathing, I took the block, placed it under her feet and used a cane to strike her ankles for approximately five or six times,” according to the plea deal.

No sentencing date has been set.

The press release from the U.S. Attorney’s Office on the plea makes no mention of the 6 to 8 year sentence.

Federal agents originally charged Lodgepole with murder after San Juan County Sheriff’s deputies found him covered in blood in the parking lot of the Chapter House, across the street from where he beat the woman to death, on Aug. 1, 2019.

His case remained sealed, despite his arrest, until 15 days after a grand jury indicted him on a charge of voluntary manslaughter on Oct. 9, 2019.

The incident

FBI Agent Jordan Spaeth wrote in an affidavit for a criminal complaint that Lodgepole’s mother, identified as E.L., told deputies she was drinking with the victim when her son threw M.W. to the ground and started kicking her in the head.

Earlier in the night, Lodgepole had been verbally abusive toward her and M.W., before he fatally attacked her, Spaeth wrote.

Outside the house, investigators found a bloody metal baseball bat and shoe prints near where M.W.’s body was found and resembled the soles of Lodgepole’s shoes.

A request for the autopsy report is pending.

Why voluntary manslaughter?

The federal charge of voluntary manslaughter is defined as the unlawful killing of someone without malice and “upon a sudden quarrel or heat of passion.” It is a downgrade from first- and second-degree murder.

According to the indictment, Lodgepole killed M.W. “upon a sudden quarrel and heat of passion, and therefore without malice.”

Lodgepole was initially charged with murder by Spaeth.

According to federal law, first-degree murder is done with “malice aforethought” and is “every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing.”

A view from the Indian Service Route 36 near Nenahnezad. Photo by Gene Selkov/Flickr. CC-BY

First-degree murder is also when someone dies “as part of a pattern or practice of assault or torture against a child or children.” In the murder statute, torture is defined as the crime of torture, except without the requirement that the torturer is doing so “under the color of law.” Under that definition, torture is an act “specifically intended to inflict severe physical or mental pain or suffering.”

In the plea deal, Lodgepole said he took the cinderblock that he used to bash the back of M.W.’s head in with, put it under the legs and beat her ankles with a cane after he saw she was still breathing.

According to federal sentencing guidelines, a judge can increase a sentence beyond the sentencing guidelines if the perpetrator’s behavior was “unusually heinous, cruel, brutal, or degrading to the victim.”

“Examples of extreme conduct include torture of a victim, gratuitous infliction of injury, or prolonging of pain or humiliation,” the guidelines state.

How the grand jury that indicted Lodgepole reached the conclusion that voluntary manslaughter was the appropriate charge is a mystery as grand juries are secret. The prosecutor’s signature on the indictment is inscrutable, although Ruiz-Velez is the only attorney listed on the docket.

However, multiple articles articulate how grand juries will follow the lead of the prosecutor presenting the case to them. In the case of Breonna Taylor, a grand juror said that homicide charges were never even presented to them.

University of Dayton Law Professor Susan Brenner wrote in a 1996 article that “the federal grand jury has become little more than a rubber stamp, indiscriminately authorizing prosecutorial decisions.”

A 2017 article in the Harvard Law Review that has no listed author opines that the failure to indict the officers who allegedly killed Michael Brown in Ferguson, Mo., and Eric Garner in Staten Island, N.Y., “merely drew public attention to flaws” that have been there the whole time.

“The complete prosecutorial control over the grand jury — particularly over the flow of information and grand jury procedure — solidifies the grand jury’s dependence on the prosecutor,” the anonymous author wrote.

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Man set to plea in Nenahnezad beating death

• A change of plea hearing is set for Nov. 3, 2020
John Lodgepole was initially charged with murder for kicking a woman in the head, killing her, before he was indicted on a charge of voluntary manslaughter

See the case write-up here or past stories on this case

ALBUQUERQUE, N.M. — A 21-year-old Fruitland man, accused of kicking a woman in the head and killing her in Nenahnezad, is set to plead on Nov. 3, 2020.

John Lodgepole‘s case is set for a change of plea hearing at 10 a.m., Nov. 3, 2020, according to a court docket.

Lodgepole was first arrested, and charged with murder, on Aug. 1, 2019, the night he allegedly kicked a woman in the head repeatedly, killing her. His case remained sealed, despite his arrest, until 15 days after a grand jury indicted him on a charge of voluntary manslaughter on Oct. 9, 2019.

A view from the Indian Service Route 36 near Nenahnezad. Photo by Gene Selkov/Flickr.

The indictment alleged he killed the woman “upon a sudden quarrel and heat of passion, and therefore without malice, unlawfully.” She is only identified by the initials M.W. and her year of birth, 1975. She is identified as a Navajo Nation member.

The change of plea hearing will be conducted through Zoom and in front of Federal Magistrate Judge Steven Yarbrough.

Lodgepole has previously pleaded no contest in a state case to two counts of battery on a healthcare worker, where he was to receive a conditional discharge after finishing probation. After he was arrested and charged with murder, he admitted to a probation violation and was sentenced to 319 days in prison, according to state court documents.

The incident

San Juan County Sheriff’s deputies responded on Aug. 1, 2019, to a house south of the Chapter House in Nenahnezad, after the owner called 911, Federal Bureau of Investigations Agent Jordan Spaeth wrote in an affidavit for a criminal complaint.

The homeowner, identified by her initials of E.L., told deputies she was drinking with the victim, M.W., when Lodgepole threw M.W. to the ground and started kicking her in the head, he wrote.

When investigators spoke to E.L., she said Lodgepole arrived at the house earlier that night and was verbally abusive toward her and M.W. As the night went on, he threw M.W. to the ground and kicked her in the head, he wrote.

“Lodgepole then fled the residence and E.L. contacted 911,” Spaeth wrote. “Deputies were notified a short time after arrival that Jane Doe was pronounced dead at the scene by Emergency Medical Personnel.”

Deputies found Lodgepole in the parking lot of the chapter house. He was covered in blood. They detained him and Navajo Police officers arrested him when they arrived on scene, he wrote.

Outside the house, investigators found a bloody metal baseball bat and shoe prints near where M.W.’s body was found and resembled the soles of Lodgepole’s shoes, he wrote.

The field investigator with the Office of the Medical Investigator found three wounds to M.W.’s head, including one that likely fractured her skull, he wrote.

Spaeth charged Lodgepole with murder.

Continue reading “Man set to plea in Nenahnezad beating death”

Trial in Nenahnezad beating death postponed for third time

  • FBI agents originally charged John Lodgepole with murder for allegedly killing a woman by repeatedly kicking her in the head on Aug. 1, 2019
  • Despite being arrested, his case was sealed until a day before he was arraigned on an indictment for voluntary manslaughter
  • His case has been postponed three times already

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

ALBUQUERQUE, N.M. — John Lodgepole‘s trial on a charge of voluntary manslaughter for the alleged Aug. 1, 2019 beating death of a woman in Nenahnezad has been tentatively set for June 1, 2020.

A view from the Indian Service Route 36 near Nenahnezad. Photo by Gene Selkov/Flickr.

Lodgepole was first arrested, and charged with murder, on Aug. 1, 2019, the night he allegedly kicked a woman in the head repeatedly, killing her.

A federal grand jury indicted Lodgepole, 20, on a charge of voluntary manslaughter on Oct. 9, 2019, alleging “upon a sudden quarrel and heat of passion, and therefore without malice, unlawfully” killed a woman only identified by the initials M.W. (YOB: 1975).

Since he was arraigned on Oct. 28 by Magistrate Judge Kirtan Khalsa, his case has been continued three times at the request of his defense attorney, Melissa Morris. He pleaded not guilty during that hearing and waived a detention hearing.

A trial is tentatively set for June 1, 2020, per a court order to continue on March 10, 2020, but in her motion to continue the case, Morris wrote she has not begun plea negotiations with prosecutor Raquel Ruiz-Velez.

The incident

San Juan County Sheriff’s deputies responded on Aug. 1, 2019, to a house south of the Chapter House in Nenahnezad, after the owner called 911, Federal Bureau of Investigations Agent Jordan Spaeth wrote in an affidavit for a criminal complaint.

The homeowner, identified by her initials of E.L., told deputies she was drinking with the victim, M.W., when Lodgepole threw M.W. to the ground and started kicking her in the head, he wrote.

When investigators spoke to E.L., she said Lodgepole arrived at the house earlier that night and was verbally abusive toward her and M.W. As the night went on, he threw M.W. to the ground and kicked her in the head.

Continue reading “Trial in Nenahnezad beating death postponed for third time”

John Lodgepole: Michaelene Warren — 8-1-2019

 

Summary

On Aug. 1, 2019, John Lodgepole allegedly went to the house of a woman he knew in Nenahnezad, near Fruitland, and became verbally abusive toward her and Michaelene Warren, 43. Later that night he allegedly came back, threw the Warren to the ground and kicked her in the head multiple times. He staved the back of her head in with a cinderblock and beat her ankles with a cane, according to the plea deal. Investigators found a bloody bat near the scene, according to an affidavit for a criminal complaint.

San Juan County Sheriff’s deputies found Lodgepole in the parking lot of a chapter house across the street from the house, covered in blood. He was initially charged with murder, according to the complaint. The case was sealed, despite Lodgepole’s arrest, according to the court docket.

On Oct. 9, 2019, a federal grand jury indicted Lodgepole on a charge of voluntary manslaughter and he was arraigned on Oct. 25. The case was unsealed a day earlier.

On Nov. 3, 2020, Lodgepole pleaded guilty to a single count of voluntary manslaughter. The plea deal sets his sentence at 6 to 8 years, if District Judge James Parker accepts it at sentencing. Sentencing was set for 3 p.m., April 14, 2021. That date was vacated on April 2, with no reason listed, and no new hearing has has been set.

(Note: This story has been updated to reflect the victim’s name)

The incident

San Juan County Sheriff’s deputies responded on Aug. 1, 2019, to a house south of the Chapter House in Nenahnezad, after the owner called 911, Federal Bureau of Investigations Agent Jordan Spaeth wrote in an affidavit for a criminal complaint.

A view from the Indian Service Route 36 near Nenahnezad. Photo by Gene Selkov/Flickr.

The homeowner, identified by her initials of E.L., told deputies she was drinking with the Michaelene Warren, identified in court documents as M.W. (YOB: 1975) or Jane Doe, when John Lodgepole threw Warren to the ground and started kicking her in the head, he wrote.

“Lodgepole then fled the residence and E.L. contacted 911,” Spaeth wrote. “Deputies were notified a short time after arrival that Jane Doe was pronounced dead at the scene by Emergency Medical Personnel.”

Deputies found Lodgepole in the parking lot of the chapter house. He was covered in blood, he wrote.

Deputies detained him and Navajo Police officers arrested him when they arrived on scene, he wrote.

When investigators spoke to E.L., she said Lodgepole arrived at the house earlier that night and was verbally abusive toward her and Warren. As the night went on, he threw Warren to the ground and kicked her in the head.

Outside the house, investigators found a bloody metal baseball bat and shoe prints near where Warren’s body was found and resembled the soles of Lodgepole’s shoes.

The field investigator with the Office of the Medical Investigator found three wounds to Warren’s head, including one that likely fractured her skull.

Spaeth charged Lodgepole with murder.

San Juan County Sheriff’s Corporal C. Decker wrote in an incident report that medics found Warren was dead when they arrived and it appeared brain matter coming out of the side of her head.

The woman at the house kept telling Decker that “he wouldn’t stop kicking her,” then went to find Lodgepole at the Chapter House, Decker wrote.

The plea deal offers a slightly different set of facts than what investigators initially found.

Lodgepole wrote in the plea deal that he punched his mother’s friend in the head and face 10 times because she called him names and threatened him. After throwing her to the ground, he took a cinderblock and “smashed the back of her head.”

“When I noticed that Jane Doe was still breathing, I took the block, placed it under her feet and used a cane to strike her ankles for approximately five or six times,” according to the plea deal.

Autopsy report

Pathologist Lori Proe and trainee Karen Zeigler wrote in the autopsy report that Warren died from blunt head trauma.

“There were broken skull bones, bleeding around the brain, bruises of the brain and swelling of the brain,” they wrote. “Other injuries included scrapes and bruises of the extremities and scrapes of the torso.”

Her blood-alcohol content was 0.25.

Indictment

Although Lodgepole was arrested on Aug. 1, the court docket does not show that he was ever arraigned or assigned a lawyer until two months later, when prosecutors indicted him, on Oct. 9.

The complaint for his arrest, and the entire case, appears to have been sealed until Oct. 24, 2019, the day before he was arraigned on the indicted charge of voluntary manslaughter, a downgrade from murder.

On Oct. 25, 2019, in Albuquerque, federal Magistrate Judge Paul Briones ordered Lodgepole held without bail and on Oct. 28, Magistrate Judge Kirtan Khalsa arraigned him. Lodgepole pleaded not guilty and his lawyer, Melissa Morris, waived a detention hearing.

Nothing in the court record indicates why Lodgepole would have been arrested, and held without bail, without being arraigned or assigned an attorney, or why the case would have been sealed, even though he was arrested.

Court delays

Since the arraignment, Lodgepole’s case has been continued three times. Once on Oct. 30, 2019, once on Jan. 13, 2020 and once on March 10, 2020.

According to Morris’ third motion for a continuance, filed March 6, 2020, plea negotiations had not begun in the case.

Plea deal

On Nov. 3, 2020, Lodgepole pleaded guilty to a single count of voluntary manslaughter in front of Magistrate Judge Steven Yarbrough.

Federal prosecutor Raquel Ruiz-Velez‘s offered plea deal states Lodgepole can only be sentenced to 6 to 8 years in prison for the brutal beating death if it is ultimately accepted by a federal district court judge.

Magistrate Judge Steven Yarbrough accepted the plea, although he deferred final acceptance until sentencing in front of a district court judge, according to a plea minutes sheet.

Lodgepole wrote in a plea deal that he punched his mother’s friend in the head and face 10 times because she called him names and threatened him. After throwing her to the ground, he took a cinderblock and “smashed the back of her head.”

“When I noticed that Jane Doe was still breathing, I took the block, placed it under her feet and used a cane to strike her ankles for approximately five or six times,” according to the plea deal.

Why voluntary manslaughter?

The federal charge of voluntary manslaughter is defined as the unlawful killing of someone without malice and “upon a sudden quarrel or heat of passion.” It is a downgrade from first- and second-degree murder.

According to the indictment, Lodgepole killed Warren “upon a sudden quarrel and heat of passion, and therefore without malice.”

Lodgepole was initially charged with murder by Spaeth.

According to federal law, first-degree murder is done with “malice aforethought” and is “every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing.”

First-degree murder is also when someone dies “as part of a pattern or practice of assault or torture against a child or children.” In the murder statute, torture is defined as the crime of torture, except without the requirement that the torturer is doing so “under the color of law.” Under that definition, torture is an act “specifically intended to inflict severe physical or mental pain or suffering.”

In the plea deal, Lodgepole said he took the cinderblock he used to bash in the back of Warren’s head, put it under the legs and beat her ankles with a cane after he saw she was still breathing.

According to federal sentencing guidelines, a judge can increase a sentence beyond the sentencing guidelines if the perpetrator’s behavior was “unusually heinous, cruel, brutal, or degrading to the victim.”

“Examples of extreme conduct include torture of a victim, gratuitous infliction of injury, or prolonging of pain or humiliation,” the guidelines state.

How the grand jury that indicted Lodgepole reached the conclusion that voluntary manslaughter was the appropriate charge is a mystery as grand juries are secret. The prosecutor’s signature on the indictment is inscrutable, although Ruiz-Velez is the only attorney listed on the docket.

However, multiple articles articulate how grand juries will follow the lead of the prosecutor presenting the case to them. In the case of Breonna Taylor, a grand juror said that homicide charges were never even presented to them.

University of Dayton Law Professor Susan Brenner wrote in a 1996 article that “the federal grand jury has become little more than a rubber stamp, indiscriminately authorizing prosecutorial decisions.”

A 2017 article in the Harvard Law Review that has no listed author opines that the failure to indict the officers who allegedly killed Michael Brown in Ferguson, Mo., and Eric Garner in Staten Island, N.Y., “merely drew public attention to flaws” that have been there the whole time.

“The complete prosecutorial control over the grand jury — particularly over the flow of information and grand jury procedure — solidifies the grand jury’s dependence on the prosecutor,” the anonymous author wrote.

Sentencing date set

Lodgepole is tentatively set to be sentenced at 3 p.m., April 14, 2021, by District Judge James Parker, according to a hearing notice. The hearing will be held virtually, via Zoom. No courtroom is listed on the hearing notice, entered on Feb. 10, 2021.

Sentenced to seven years

District Judge Kea Riggs sentenced Lodgepole, 22, to seven years in prison for killing Michealene Warren, 43, of Nenahnezad, during a virtual hearing on Tuesday, Aug. 24, 2021. Lodgepole will spend an additional three years on supervised probation after he is released from prison.

Ruiz-Velez asked for seven years in prison while, according to the minutes, Lodgepole’s attorney, Melissa Morris, asked for six years.

According to the sentencing minutes, Lodgepole addressed the judge, as did Warren’s sister, Miracle Yellowman. What she said is not memorialized in the minutes. His entire sentencing hearing took just 27 minutes. Lodgepole did not physically appear for his hearing.

A restitution hearing is set for 9:30 a.m., Nov. 16, 2021 in Albuquerque.

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See the case documents on Google Drive or Document Cloud

Past stories

John Lodgepole sentenced to 7 years for brutal beating death of Michaelene Warren

Prosecutor asks for seven years for John Lodgepole in brutal beating death of Michaelene Warren

John Lodgepole to be sentenced in April for brutal killing of woman in Nenahnezad

Fruitland man to receive 6-8 years for woman’s beating death

Man set to plea in Nenahnezad beating death

Trial in Nenahnezad beating death postponed for third time

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”

Tavor Tom: Roberta Clyde (aunt) — 7-1-2019

 

Summary

Tavor Tom, a member of the Navajo nation, allegedly went on July 1, 2019 to Roberta Clyde’s house (his maternal aunt) 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.

On Nov. 24, 2020, Tom pleaded guilty to second-degree murder. On April 7, 2021, Judge William Johnson sentenced Tom to 15 years in federal prison.

The incident

Shiprock Pinnacle. Photo by DiAnn L’Roy/Flickr

At 10 a.m., July 2, 2019, the Roberta Clyde, 45, was found dead in her house by her father. Sometime during that same morning, Tavor Tom, of Shiprock, was found in the Clyde’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 Clydewith a folding knife he took from his father’s vehicle with the intention of going to her house to steal her car so he could drive it to Farmington to steal Mucinex, Cahoon wrote.

Tom allegedly said he went to the Clyde’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, Cahoon wrote.

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, Cahoon wrote.

Family interviews

Clyde’s father, only identified by the initials R. C., found his daughter, when he went to check on her at the behest of her adult children, who could not reach her on the phone, Cahoon wrote. Clyde is unnamed in federal court documents and referred to as “victim.”

“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, he wrote.

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

Clyde’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 Clyde’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 Clyde’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 Clyde’s vehicle, he wrote.

“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 Clyde’s trailer, although Cahoon did not write whom he obtained consent from, since Clyde 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 Clyde had “trauma” and cuts to her neck, back and chest.

Autopsy report

Pathologist Ross Zumwalt wrote in the autopsy report that Clyde suffered a total of 75 separate “sharp force injuries,” meaning stab wounds and incised, or slashing, wounds.

“Two of the stab wounds of the back of the head penetrated the skull resulting in bleeding around the brain,” Zumwalt wrote.

Clyde also has four stab wounds in her chest and one in her abdomen, which penetrated her stomach. She also has cutting wounds on her hands, which Zumwalt classified as probable defensive wounds.

“Death was a result of the blood loss caused by the multiple wounds,” Zumwalt wrote.

According to the deputy field investigation conducted by Kayelynn Williams, Clyde got home after work at 5:15 p.m. and went next door to check on her parents at 6 p.m.

Roberta Clyde

According to her obituary, Clyde had three children, Erik, Alyssa and Ryland Benally, all of Shiprock, as well as three sisters and two brothers.

She was a piano player for the Ojo Amarillo Baptist Church.

According to her autopsy report, she worked at the Northern Navajo Medical Center.

Held without bail

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.

Plea to second-degree murder

Tom pleaded guilty, Nov. 24, 2020, to second-degree murder in front of federal Magistrate Judge Kirtan Khalsa during a virtual hearing that lasted just over 30 minutes. Khalsa deferred final acceptance of the plea deal until sentencing by a district court judge.

According to the plea deal proffered by federal prosecutor Joseph Spindle, there is no agreement as to the sentence.

Prosecutors will agree that Tom accepted responsibility for his conduct and grant that, under the sentencing guidelines, he is entitled to a reduction of two levels from the base offense. Spindle and Tom’s defense attorney, James Loonam, can argue whatever they want when it comes to the sentence.

In the plea agreement, Tom wrote that he stabbed his aunt repeatedly with a knife, “intentionally and without justification.”

When interrogated by FBI agents, he said he stabbed her repeatedly and slit her throat, according to court documents.

According to the autopsy report, she had 75 separate stab and incised wounds on her face, scalp, neck, chest, abdomen, back, arms and hands.

Zumwalt did not write in the autopsy report her throat was slit but did note many wounds to the back of her neck, some of which went from the back to the front of her neck.

Sentencing guidelines

Second-degree murder carries a base offense level, per the federal sentencing guidelines for second-degree murder, is 38. The plea deal provides Tom 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 Tom’s proposed sentence, sans any increases or decreases, at 16 to 20 years. At a base offense level of 38, the level without the consideration of his guilty plea, the range increases to 20 to 24 years.

Based on a search of federal and state court records, Tom does not appear to have any prior state or federal arrests. His tribal criminal records are unknown.

His final sentence will be up to the sentencing judge.

Sentencing memos

Tom’s sentencing is currently set for 2 p.m., April 7, 2021, after being reset multiple times because the judge, William Johnson, was unavailable.

Tom is asking for a seven-year sentence while Spindle is asking for the maximum under the sentencing guidelines, as calculated by the U.S. Probation Office, of 14 to 17.5 years.

Tom’s attorney, James Loonam, wrote in a sentencing memorandum that Tom’s age at the time, 18, was one reason, and that Tom, high on and addicted to dextromethorphan, also known as Mucinex, was “operating under diminished capacity” when he stabbed his aunt to death. That he killed a family member, and “will face consequences of loss of part of his family for the rest of his life,” was the third reason for giving Tom a sentence below the guidelines. Tom had been addicted to the drug since he was 14.

“Tavor knows that his actions have caused everyone he loves and cares about almost unbearable pain,” he wrote.

Loonam wrote that Tom was hospitalized 10 times for dextromethorphan overdoses and five times were suicide attempts. He included a timeline of the overdoses.

“Each hospitalization indicates that Tavor exhibited signs of chronic depression,” he wrote.

Loonam wrote that Tom’s actions were “a product of that (drug) abuse and addiction.”

Prosecutor Joseph Spindle wrote in his own sentencing memorandum that Johnson should sentence Tom to the high end of the sentencing guideline calculated by the U.S. Probation Office, 17.5 years.

Spindle wrote that Tom went to Clyde’s house to steal her car.

“However, once he was inside her house, the attempted theft became infinitely worse,” he wrote. “Before stealing her car, Defendant decided to stab his aunt seventy-five times in the face, back, abdomen, arms, hands and neck. She died of blood loss on the floor of her bedroom, alone and suffering.”

Among the reasons for a sentencing at the top of the guideline was how “senseless and brutal” it was.

“The stabbing was so frenzied, two of the stab wounds penetrated her skull,” Spindle wrote. “She died of blood loss. This level of brutality far exceeds what would have been necessary to effectuate a murder.”

While Tom is young and experienced traumatic events, his drug use contributed to them and he seems disinterested in curbing his use, he wrote. Spindle wrote:

“According to Defendant, treatment “takes up too much time.” (Doc. 38, ¶ 60). This level of apathy to his drug use, even after multiple overdoses and the murder of a loved-one, indicates that he is not interested in changing his life. Therefore, even if the brutal murder of his aunt can be partially attributed to Defendant’s drug use, the fact that he does not intend curtail his drug use indicates he will remain a public safety risk.”

Spindle is also asking for $21,606 in restitution.

Sentenced to 15 years

On April 7, 2021, Judge William Johnson sentenced Tom to 15 years in federal prison.

Tom appeared via video for the sentencing hearing and family members appeared via Zoom and one of them addressed the court, according to minutes from the hearing.

The minutes do not say who spoke or what was said. At the hearing, Spindle argued for 17.5 years and Loonam argued for seven years.

Tom must also pay $4,077 in restitution to Erik Benally, $11,522 to State Farm and $6,000 to the New Mexico Crime Victim’s Reparation Commission.

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

 

Past stories

Tavor Tom sentenced to 15 years for stabbing aunt to death

Tavor Tom to ask for 7 years at sentencing, prosecution for 17

Tavor Tom pleads to 2nd-degree murder for killing of aunt

Plea set for Tavor Tom in aunt’s stabbing death in Shiprock

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

Case documents

UNSOLVED: Tyrone Tallman — 7-17-2018

Summary

Tyrone Tytis Tallman
Tyrone Tallman

Tyrone Tallman’s body was found in a canal in Nenahnezad on July 17, 2018. A preliminary autopsy report showed he suffered stab wounds, broken bones and “trauma” to his skull, according to a website post by the FBI.

Tallman was wearing pants, socks with “Girls Rule” embroidered on them and shoes.

It is “believed” he was last seen alive on July 9, 2018, also where is not listed.

There is a $1,000 reward for information leading to the arrest and conviction of his killer.

Anyone with information is asked to contact the FBI at (505) 889-1300.

Did you know Tyrone Tytis Tallman? NM Homicide needs your assistance to tell the stories of homicide victims. We want to know who he was, besides the victim of an unsolved homicide. Please fill out this form or contact us.