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Justice News

Department of Justice
U.S. Attorney’s Office
District of New Mexico

Thursday, May 23, 2013

Truth or Consequences Couple Arrested on Federal Prescription Drug Trafficking Charges

ALBUQUERQUE – Michael Capps, 52, and his wife Roberta Capps, 52, both of Truth or Consequences, N.M., appeared in Las Cruces federal court this morning on criminal complaints charging them with conspiracy and the unlawful distribution of the prescription painkillers Oxymorphone and Oxycontin.  Roberta Capps waived a preliminary hearing and entered a not guilty plea to the charges against her before being released on conditions of release pending trial.  Michael Capps remains in custody pending a preliminary hearing and a detention hearing scheduled for May 29, 2013.

Michael and Roberta Capps were arrested on May 21, 2013, on criminal complaints alleging that they unlawfully distributed quantities of Oxycontin and Oxymorphone to a DEA confidential source on three occasions between Dec. 10, 2012 and Jan. 15, 2013.  The complaints allege that Michael and Roberta Capps sold 30 10mg pills of Oxycontin to the confidential source for $340 on Dec. 10, 2012, at the couple’s residence in Truth or Consequences.

According to the complaints, on Dec. 18, 2012, Roberta Capps allegedly sold 60 15mg pills of Oxycontin and five 10mg pills of Oxycontin to the confidential source for $950.  During the transaction, Roberta Capps allegedly stated that Michael Capps had obtained the pills from a pharmacy and was aware of the transaction between her and the confidential source.

On Jan. 15, 2013, Roberta Capps allegedly sold 48 10mg pills of Oxycontin, five 60mg pills of Oxycontin and 60 20mg pills of Oxymorphone to the confidential source in Truth or Consequences.  During a recorded conversation, Roberta Capps allegedly stated that Michael Capps had obtained the Oxymorphone and she had obtained the Oxycontin that she sold to the confidential source.  Roberta Capps also allegedly acknowledged knowing that it was a felony offense to sell the pills.

If convicted of the offenses charged in the criminal complaints, Michael and Roberta Capps each face a maximum penalty of 20 years in prison.  Charges in criminal complaints are merely accusations and all defendants are presumed innocent unless found guilty beyond a reasonable doubt.

These cases were investigated by the Las Cruces office of the DEA and the Truth or Consequences Police Department and are being prosecuted by Assistant U.S. Attorney Amanda L. Gould of the U.S. Attorney’s Las Cruces Branch Office.

Updated January 26, 2015