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Justice News

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

Tuesday, March 11, 2014

Truth or Consequences Man Pleads Guilty to Federal Firearms Charge

ALBUQUERQUE – Michael Capps, 52, of Truth or Consequences, N.M., pled guilty this morning in federal court in Las Cruces, a felony information charging him with being a felon in possession of a firearm.  The guilty plea was entered without the benefit of a plea agreement.

Michael Capps and his wife, Roberta Capps, 53, were arrested on May 21, 2013, on criminal complaints alleging that they unlawfully distributed quantities of Oxycodone and Oxymorphone to a DEA confidential source on three occasions between Dec. 10, 2012 and Jan. 15, 2013.  On June 19, 2013, the couple was charged in a five-count indictment with one count of conspiracy and three counts of distribution of Oxycodone.  The fifth count charged Michael Capps with being a felon in possession of a firearm.

According to the indictment, Roberta Capps and Michael Capps conspired to distribute Oxycodone and unlawfully distributed Oxycodone on three separate occasions on Dec. 10, 2012, Dec. 18, 2012 and Jan. 15, 2013, in Sierra County, N.M.  Court filings reflect that the couple sold the Oxycodone to an individual who unbeknownst to them was a confidential source for the DEA and that Roberta Capps admitted knowing that it was illegal to sell prescription medications to others during a recorded conversation with the source.

The indictment also alleges that on May 21, 2013, the date of his arrest in this case, Michael Capps unlawfully possessed a firearm and ammunition.  At the time, Capps was prohibited from possessing firearms or ammunition because he previously had been convicted of first degree burglary.

Today, Michael Capps entered a guilty plea to being a felon in possession of a firearm and ammunition.  At sentencing, Capps faces a maximum penalty of ten years in prison.  His sentencing hearing has yet to be scheduled.

Roberta Capps previously entered guilty pleas to Counts 1 through 4 of the indictment charging her with conspiracy and distribution of Oxycodone on Jan. 7, 2014.  At sentencing, she faces a maximum penalty of 20 years in prison.  Her sentencing hearing also has not yet been scheduled.

This case was investigated by the Las Cruces office of the DEA and the Truth or Consequences Police Department and is being prosecuted by Assistant U.S. Attorney Amanda L. Gould of the U.S. Attorney’s Las Cruces Branch Office.

Updated January 26, 2015