Dulce man convicted of aggravated sexual abuse by federal jury

Ryan Ellison, U.S. Attorney for the District of New Mexico
Ryan Ellison, U.S. Attorney for the District of New Mexico
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A federal jury convicted Herbert Ben, Jr. on March 13 of two counts of aggravated sexual abuse after a three-day trial in Albuquerque.

The case is significant due to the serious nature of the charges and the mandatory minimum sentence involved. Ben, Jr., 57, an enrolled member of the Jicarilla Apache Nation, was found guilty for molesting two girls under the age of 12 between 2016 and 2022. Testimony during the trial also described incidents involving another high-school-age female in approximately 2019 and a young female relative between roughly 2010 and 2012.

Jurors determined that Ben, Jr.’s actions warranted conviction on two counts of aggravated sexual abuse. The crime carries a mandatory minimum sentence of 30 years in prison. In addition to imprisonment, Ben, Jr. will be required to pay restitution covering victims’ losses, including medical services related to physical, psychiatric, or psychological care. Upon release from prison, he must register as a sex offender and will face supervised release for at least five years and up to life.

First Assistant U.S. Attorney Ryan Ellison and Justin A. Garris, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced the conviction. The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated with help from the Jicarilla Apache Police Department. Assistant United States Attorneys Zachary C. Jones and Amy Mondragon are prosecuting these cases.

The outcome underscores ongoing efforts by federal authorities to address crimes involving sexual abuse within Native American communities.



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