Former judge and wife charged with destroying evidence sought by federal authorities

LAS CRUCES — Former Doña Ana County Magistrate Judge Joel Cano is accused of smashing a phone with a hammer and his wife, Nancy, of plotting to erase a Facebook account — both pieces of evidence sought by federal authorities that they say tie three Venezuelan men the couple had befriended to a dangerous gang.

Joel and Nancy Cano were arrested at their Las Cruces home Thursday, he is charged with tampering with evidence and she on conspiracy to tamper with evidence.

Joel Cano, 67, who resigned from the bench in March amid two inquiries by the state Judicial Standards Commission, allegedly admitted to Homeland Security Investigations agents that he smashed the phone of Cristhian Ortega-Lopez after the 23-year-old was arrested in a raid at the judge’s home.

A separate complaint alleges that Nancy Cano, 68, conspired to assist in deleting the Facebook account of Ortega-Lopez that prosecutors say holds criminal evidence — messages that “reflect (Ortega-Lopez’s) Tren de Aragua affiliation.”

On Feb. 28 HSI agents executed search warrants at the Cano residence and the property next door and arrested Ortega-Lopez and two other men. Ortega-Lopez was charged with possession of firearms as an alien and is being held ahead of court proceedings next week.

Federal prosecutors have alleged that Ortega-Lopez is affiliated with the Tren de Aragua gang, an assertion Cano has disputed.

Joel Cano’s resignation from magistrate court came a few days after the arrests, ending disciplinary proceedings against him with the stipulation that he never again seek judicial office.

Then, on Thursday, agents with the FBI and HSI returned to the residence and arrested the Canos in a raid captured by television news cameras.

The complaint against Nancy Cano alleges that video calls between her and Ortega-Lopez during his detention showed she was in possession of a mobile phone belonging to Ortega-Lopez that had not been recovered in the February raid.

The complaint alleges she facilitated a FaceTime call between Ortega-Lopez and another individual and discussed deleting a Facebook account belonging to him. Prosecutors say the account includes images of Ortega-Lopez handling weapons and messages pointing to gang involvement.

An affidavit states that Joel Cano agreed to an interview with agents Thursday, where he admitted to destroying the phone with a hammer and disposing of it. Based on that information, agents arrested him as well, on a felony charge of tampering with evidence.

“Cano stated that he destroyed the cellphone and further admitted that he believed the cellphone contained … photographs of Ortega holding firearms that Ortega had uploaded onto social media platforms which would be additional incriminating evidence against him,” the complaint states.

Attorneys for the Canos could not be reached Friday afternoon.