Dulce Man Convicted of Aggravated Sexual Abuse

ALBUQUERQUE - After a three-day trial, a federal jury convicted Herbert Ben, Jr. of two counts of aggravated sexual abuse.

At trial, the United States presented witness testimony showing that Ben, Jr., 57, an enrolled member of the Jicarilla Apache Nation, molested two young girls, both under 12, between 2016 and 2022. The United States also presented testimony that Ben, Jr. molested another high-school-age female in approximately 2019 as she babysat Ben, Jr.'s stepdaughters. Finally, the United States presented evidence that from roughly 2010 to 2012, Ben, Jr. molested another young female relative while she was in elementary and middle school.

For these actions, jurors found Ben, Jr. guilty of two counts of aggravated sexual abuse, a crime that carries a mandatory minimum sentence of 30 years of imprisonment. In addition to this prison sentence, Ben, Jr. will be subject to mandatory victim restitution for the full amount of a victim's losses, which include medical services relating to physical, psychiatric, or psychological care. After serving his prison sentence, Ben, Jr. will also be required to register as a sex offender and will be subject to a term of supervised release of between five years and 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, made the announcement today.

The Farmington Resident Agency of the FBI's Albuquerque Field Office investigated this case with assistance from the Jicarilla Apache Police Department. Assistant United States Attorneys Zachary C. Jones and Amy Mondragon are prosecuting these cases.