ALBUQUERQUE, N.M. – Byron Rosetta, 35, of Albuquerque, N.M., made an initial appearance today in federal court in Albuquerque on a criminal complaint charging him with assault with a dangerous weapon and discharging a firearm in the commission of a violent crime in Indian Country.

            According to the criminal complaint, Rosetta, an Indian, allegedly committed the offense on the Kewa Pueblo (formerly known as the Santo Domingo Pueblo) in Sandoval County on April 5.  The incident happened on State Road 22 near mile marker 2.5.  Rosetta was driving a dark sedan when he passed and shot at a passing vehicle, narrowly missing the unsuspecting driver. Rosetta used a shotgun and shot birdshot pellets into the driver’s vehicle.  The pellets damaged the vehicle coming very close to injuring the driver.

            The criminal complaint also alleges that between February 3 and April 4 Rosetta shot at several other drivers near I-25 from his vehicle and from the roadside.  Rosetta used various firearms, including a .38 caliber pistol.  Several victims suffered injuries and damage to their windshields and other parts of their vehicles.    

            The New Mexico State Police and FBI identified Rosetta as a primary suspect, conducted surveillance, and the FBI arrested him in Albuquerque on April 11.  Rosetta is currently in custody pending a detention hearing.  He faces up to 10 years in prison if convicted of assault.  He faces a consecutive sentence from 10 years to life in prison if convicted of discharging a firearm.  A criminal complaints is only an allegation. A defendant is presumed innocent unless and until proven guilty.

            The Albuquerque office of the FBI investigated this case with assistance from the New Mexico State Police, the Sandoval County Sheriff’s Office, the Bureau of Indian Affairs, and the Drug Enforcement Administration.  Assistant U.S. Attorney David P. Cowen is prosecuting the case.