Former Las Cruces judge, wife indicted. Venezuelan guest pleads guilty

LAS CRUCES — A Venezuelan man arrested at the residence of a former Doña Ana County magistrate judge in February pleaded guilty to weapon and conspiracy charges, and the judge and his wife were indicted Tuesday.

Cristhian Ortega Lopez, 23, agreed to plead guilty to possessing a firearm and ammunition in violation of federal immigration law, and conspiracy to tamper with evidence under a plea agreement filed in federal court Monday.

Ortega Lopez was arrested by U.S. Border Patrol in 2023, accused of scaling a fence to enter the country in Texas and was released because of overcrowded facilities, according to court records. He met then-Judge Joel Cano and his wife, Nancy, doing handyman work.

On Feb. 28, he was arrested along with two roommates who were living on the Canos’ property. Federal prosecutors accused him of affiliation with the Tren de Aragua gang, which the Canos and neighbors acquainted with the young men vigorously denied.

A news release from the U.S. Attorney’s Office describes Ortega Lopez as “a suspected member of the Tren de Aragua transnational criminal organization,” but that claim has not been adjudicated in court. If the defendant fulfills the plea agreement, prosecutors agree not to pursue additional charges based on this investigation.

Ortega Lopez was charged with being an illegal alien in possession of firearms based on social media posts showing him at a shooting range and handling weapons at the residence.

Ortega Lopez admitted to the weapons charge as well as conspiring to delete a Facebook account that contained evidence that might incriminate him at trial.

The charges carry maximum penalties of 15 and 20 years, respectively; $250,000 in fines per count; and up to three years of supervised release. The plea agreement also states that the guilty plea exposes him to deportation from the United States, which would take place in a different proceeding.

Meanwhile, a federal grand jury indicted the Canos on Tuesday. Nancy Cano was charged with conspiracy to tamper with evidence, and her husband was charged with conspiracy as well as tampering with evidence.

The couple were arrested by federal agents in April on allegations that Nancy Cano had discussed deleting Ortega Lopez’s Facebook account while he was in custody. Joel Cano allegedly admitted to FBI agents that he destroyed a mobile phone of interest to investigators. The two were released to await trial and remain free ahead of further proceedings.

The arrests shocked the Canos’ community. Joel Cano, 67, served as a Las Cruces police officer for nearly 23 years and was elected as a county magistrate judge in 2010. He resigned from the bench in March, following the arrests on his property. Nancy Cano, 68, is known locally as a businesswoman and philanthropist.

Joel Cano’s defense attorney, Gary Mitchell, said he has known his client since Cano’s days at the LCPD.

“These are two very, very good people in the community who had always contributed to the community, done great deeds throughout their entire lives and careers,” he told the Journal. “I think we all know what this is about, and it is doggone sure not about anything anybody did wrong. If you’re on the wrong side of this immigration thing anymore, life gets very difficult.”

"The Canos will be exonerated," vowed Nancy Cano's attorney, Ken Del Valle, on Thursday.