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Press Release

Truth or Consequences Woman Pleads Guilty to Prescription Drug Trafficking Charges

For Immediate Release
U.S. Attorney's Office, District of New Mexico

ALBUQUERQUE –Roberta Capps, 53, of Truth or Consequences, N.M., pled guilty this morning to prescription drug trafficking charges in federal court in Las Cruces, N.M.  Capps entered her guilty plea was entered without the benefit of a plea agreement.

Roberta Capps and her husband Michael Capps, 52, 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.  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.

Today, Roberta Capps entered guilty pleas to Counts 1 through 4 of the indictment charging her with conspiracy and distribution of Oxycodone.  At sentencing, Roberta Capps faces a maximum penalty of 20 years in prison.  Capps remains on conditions of release at a half-way house pending her sentencing hearing which has yet to be scheduled.

Michael Capps has entered a not guilty plea to the charges against him.  Charges in an indictment are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

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