Kevin Folse Sentenced to Thirty Years for Conviction on Federal Carjacking and Firearms Charges

ALBUQUERQUE – This afternoon, U.S. District Judge James O. Browning sentenced Kevin Folse, 32, of Albuquerque, N.M., to 360 months of imprisonment followed by five years of supervised release for his conviction on carjacking and firearms charges.  The sentence was announced by U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief of Police Michael Geier of the Albuquerque Police Department (APD).

Folse, a career criminal whose conviction history includes prior felony convictions for receiving or transferring a stolen vehicle, marijuana trafficking, aggravated battery with a deadly weapon, and being a felon in possession of a firearm, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat 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 for federal prosecution violent or repeat offenders with the goal of removing them from communities in New Mexico for as long as possible.

In announcing the sentence, U.S. Attorney Anderson said, “The violent criminal conduct that has been the hallmark of Kevin Folse’s career threatens the safety of all citizens.  My Office will not hesitate to act to protect our families and neighborhoods from repeat violent offenders like Mr. Folse.” 

“This is a textbook example of good solid police work and the value of law enforcement partnerships.  I wish to commend the work of the ATF agents, the Albuquerque Police Department and the U.S. Attorney in bringing this career criminal to justice,” stated ATF Special Agent in Charge Durastanti. 

“It is critically important that we hold career criminals accountable for their actions, especially those with no regard for the safety of law-abiding citizens,” said APD Chief Geier.  ‘We are thankful to our law enforcement partners who helped to bring justice in this case and successfully prosecute a dangerous criminal.”

Folse initially was charged on July 6, 2015, by criminal complaint with being a felon in possession of a firearm and ammunition.  Folse subsequently was indicted on July 14, 2015, and was charged with being a felon in possession of a firearm, carjacking, and brandishing a firearm during a crime of violence.  Folse was prohibited from possessing firearms or ammunition because of his status as a convicted felon.  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.  

Trial of Folse on the superseding indictment began on Oct. 5, 2015, and concluded on Oct. 8, 2015, when the jury returned a guilty verdict against Folse on all 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.  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 left the house, and forced the man and another hostage to accompany him 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 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 fled from the car leaving the two hostages behind. 

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 complied by jumping out of the car but was struck by the car door as Folse backed out of the driveway to make his escape.  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. 

This case was investigated by the ATF office in Albuquerque and APD with assistance from the Isleta Pueblo Tribal Police Department and the 2^nd Judicial District Attorney’s Office.  Assistant U.S. Attorneys Samuel A. Hurtado and Paul Mysliwiec prosecuted the case.