CNN
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A former magistrate judge in Doña Ana County, New Mexico, and his wife are accused of tampering with evidence linked to the arrest of an undocumented migrant suspected of being a member of the Venezuelan gang Tren de Aragua, according to two criminal complaints filed Friday.
Former Doña Ana County Magistrate Judge Jose Luis Cano, also known as Joel Cano, is facing a federal charge of tampering with evidence, and his wife, Nancy Cano, was charged with conspiracy to tamper with evidence, court records show. CNN has reached out to their attorney for comment.
The migrant, Cristhian Ortega-Lopez, is a Venezuelan who was charged earlier this year for unlawful possession of a firearm or ammunition, court documents show.
Homeland Security Investigations launched an investigation into Ortega-Lopez in January after receiving an anonymous tip accusing him of living with other undocumented migrants at a home owned by Nancy and Jose Cano in Las Cruces and carrying firearms, the complaints state.
US Attorney General Pamela Bondi told Fox News Friday authorities got a tip the migrant had been living with the judge. “This is the last person we want in our country, nor will we ever tolerate a judge or anyone else harboring them,” she said.
Ortega-Lopez had posted photos and videos on Facebook showing him at what appears to be a shooting range in Las Cruces and observed to be holding handguns or assault-style rifles, according to the complaint against him.
Investigators said they identified tattoos, clothing and hand gestures “commonly associated” with Tren de Aragua in photos and videos posted online by Ortega-Lopez, saying this “provide(s) strong evidence of Cristhian Ortega’s potential connection” to the gang, according to the criminal complaint.
Tren de Aragua is a criminal gang that originated in a Venezuelan prison and now operates in the United States. The gang has been linked to human trafficking and other crimes targeting migrants, as well as money laundering, drug smuggling, kidnapping and extortion, according to the US Department of the Treasury’s Office of Foreign Assets Control.
The former judge staunchly denied any wrongdoing and maintained he had no prior knowledge of Ortega-Lopez’s alleged ties to the Tren de Aragua gang, or of the two other men who associated with him, and defended his decision to allow the men to stay on his property, CNN affiliate KOAT reported, citing a 23-page letter previously submitted to the New Mexico Supreme Court.
“Let me be as crystal clear as possible,” Jose Luis Cano wrote, KOAT reported. “The very first time I ever heard that (the men) could possibly have any association with Tren de Aragua was when I was informed of that by (the) agents on the day of the raid.”
Two search warrants were executed on February 28, with one location being the Canos’ home, and Ortega-Lopez was ultimately arrested and charged, the complaints state. Investigators found three cell phones belonging to Ortega-Lopez at the Canos’ home, while four firearms were found at a separate residence that was also searched, according to the complaints.
A phone call Ortega-Lopez made at the time of his arrest made investigators believe he might have another cell phone, the documents show. On April 22, investigators requested any “recorded jail calls, messages, videos, and deposits pertaining to Ortega.”
They discovered two video messages between Nancy Cano and Ortega-Lopez, which showed a fourth phone and the two discussing how to potentially delete Ortega-Lopez’s Facebook accounts, the complaint against Nancy Cano states.
This prompted investigators to execute a warrant at the Cano property Thursday looking for another phone owned by Ortega-Lopez, as well as a phone owned by Nancy Cano, according to the complaint.
During the search, Jose Luis Cano agreed to speak with investigators and told them he destroyed Ortega-Lopez’s phone “by smashing it with a hammer and discard(ing) the remaining pieces in the city trash dumpster approximately five weeks ago,” adding he thought the phone “contained photos or videos that would reflect negatively” on Ortega-Lopez, the complaint against him stated.
When questioned further, Jose Luis Cano said he destroyed the phone because he believed it contained photos of Ortega-Lopez holding firearms, the complaint stated.
CNN has reached out to ICE and the US Attorney General’s Office for more information on the case.
The arrests of Jose Luis and Nancy Cano come after the former judge resigned from his role in March, according to court documents. On Tuesday, the New Mexico Supreme Court ordered Joel Cano never to hold or run for a New Mexico judicial office in the future, the documents stated.
CNN’s Hanna Park, Ray Sanchez and Rafael Romo contributed to this report.
