Federal Jury Finds Kevin Folse Guilty on Carjacking and Firearms Charges

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict this morning finding Kevin Folse, 30, guilty on carjacking and firearms charges after a four-day trial.  The verdict was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).

In announcing the verdict, U.S. Attorney Martinez noted that the prosecution of Folse was part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.

Folse initially was charged in this case on July 6, 2015, by criminal complaint with being a felon in possession of a firearm and ammunition.  At the time, Folse was prohibited from possessing firearms or ammunition because he previously had been convicted for receiving or transferring a stolen vehicle, marijuana trafficking, aggravated battery with a deadly weapon, and being a felon in possession of a firearm.

On July 14, 2015, Folse was indicted and charged with being a felon in possession of a firearm, carjacking and brandishing a firearm during a crime of violence.  The indictment alleged that Folse committed the three crimes on July 2, 2015, in Bernalillo County, N.M.  A superseding indictment was filed on Sept. 10, 2015, charging Folse with a second carjacking on July 2, 2015, and with using a firearm to commit that crime.  This second firearms charge was subsequently dismissed on the United States’ motion.

The superseding indictment also added Albuquerque resident Angela Murray, 34, as a new defendant, charging her with aiding and abetting Folse in committing the first carjacking.  On Sept. 29, 2015, the court granted Murray’s motion to be tried separately from Folse.

At the time federal charges were filed against Folse and Murray, both were being held in state custody on related state charges which were later dismissed in favor of federal prosecution.

Trial of Folse on the superseding indictment began on Oct. 5, 2015, and concluded this morning when the jury returned a guilty verdict against Folse on the four charges against him.  The evidence at trial established that Folse committed the first carjacking around 11:00 a.m. on July 2, 2015, in an effort to evade APD officers who were trying to locate him as part of a stolen vehicle investigation.  Earlier that morning, while APD officers were conducting surveillance on a house in which they believed Folse to be staying, they caught the attention of a man who was in the house  and asked him to open the front door.

When the man went to the door, he encountered Folse, who was in the house without the man’s knowledge.  Folse, who was armed with a gun and a knife, forced the man into a room where he was holding several others hostage with assistance from Murray.  During the hostage situation, Folse threatened to stab one hostage and struck another on the head with a glass object that shattered.  When the man did not open the door and without definitive information as to whether Folse was in the house, the officers retreated from the area immediately around the house.

Around 11:00 a.m., Folse and Murray left the house.  Folse forced the man and another hostage to accompany him and Murray as they left the area in the man’s car.  APD officers responded to the scene as Folse aggressively drove away at a high rate of speed with Murray and the two hostages in the car.  While driving, Folse threw a gun out of the window.  Thereafter Folse lost control of the car and crashed as he tried to negotiate a curve at a high rate of speed in a residential neighborhood.  The car rolled and landed on its roof.  Folse and Murray fled from the car leaving their two hostages behind.  APD officers were able to arrest Murray shortly thereafter while another officer went on a foot chase after Folse.

Five minutes after the crash, Folse approached a car that was warming up in the driveway of a house.  There was no driver in the car but a 13-year-old boy was in the passenger seat.  Folse threatened the boy telling him that he had three seconds to get out of the car.  The boy immediately complied by jumping out of the car, and was struck by the car door as Folse backed out of the driveway to make his escape.  Once again Folse drove off aggressively and at a high rate of speed, and APD officers who were in pursuit had to end their pursuit of Folse so as not to endanger other motorists.  

Folse was arrested in the late night hours of July 3, 2015, by officers of the Isleta Pueblo Tribal Police Department.

The jury deliberated approximately four hours before returning its guilty verdict.

“On July 2nd, Folse went on a day-long violent crime spree during which he terrorized a group of hostages at one residence and a teenager at another, and also endangered countless other individuals as he tried to evade arrest.  Today’s jury verdict holds Folse accountable for those crimes and validates the efforts of the ATF agents, APD officers, Isleta police officers and federal and state prosecutors who collaborated with each other to ensure that this “worst of worst” offender will no longer menace our community” said U.S. Attorney Damon P. Martinez.  “Throughout New Mexico, federal, state, local and tribal law enforcement officers and prosecutors are working together to make our communities safer places for all of us to live, work and raise our families.  The U.S. Attorney’s Office is proud to be part of this tremendous effort.”

“We greatly appreciate the hard work, effort and dedication of the U.S. Attorney’s Office in prosecuting this case,” said 2nd Judicial District Attorney Kari E. Brandenburg.  “This jury verdict is a substantial win for all partnering agencies and for the community we represent.  It truly is another excellent example of the effectiveness of the Worst of the Worse Anti-Violence Initiative, and the positive impact these collaborative efforts have.”

“Taking violent criminals off the streets and putting them behind bars has always been a focus of ATF and our enforcement mission in New Mexico,” said ATF Special Agent in Charge Thomas G. Atteberry.  “I commend the agents and officers who repeatedly risked their lives to remove these violent offenders from our communities. I also wish to recognize the leadership of U.S. Attorney Damon P. Martinez and his office in their relentless prosecution of these violent offenders.”

APD Chief Gorden Eden, Jr., added, “Kevin Folse has terrorized the people of Albuquerque for years as a violent repeat offender who has continuously made his way back onto the streets of Albuquerque.  The Albuquerque Police Department is very grateful for the unwavering support of the U.S. Attorney’s Office and ATF for bringing federal charges against violent career criminals like Folse.  This verdict ensures that Folse will no longer be able to victimize the innocent people in Albuquerque.”

Folse remains in federal custody pending a sentencing hearing which has yet to be scheduled.  At sentencing, Folse faces a statutory maximum penalty of ten years in prison for unlawfully possessing a firearm and ammunition and ten years in prison on each of the carjacking charges.  Folse faces a statutory mandatory minimum of seven years and a maximum of life in prison for brandishing a firearm during a crime of violence.  The sentence on the brandishing charge must be served consecutive to the sentence imposed on the other three charges.

Co-defendant Murray has entered a not guilty plea and remains in custody pending a trial which has yet to be scheduled.  If convicted for aiding and abetting Folse in committing the first carjacking offense, she faces a statutory maximum penalty of ten years in prison.  Charges in indictments are mere accusations and defendants are presumed innocent unless found guilty in a court of law.

 This case was investigated by the ATF office in Albuquerque and APD with assistance from the Isleta Pueblo Tribal Police Department and the Second Judicial District Attorney’s Office.  Assistant U.S. Attorneys Samuel A. Hurtado and William J. Pflugrath are prosecuting the case.