ALBUQUERQUE – Avery Cate, 27, an enrolled member of the Kewa
Pueblo who resides in Bernalillo, N.M., pled guilty this morning in federal
court in Albuquerque, N.M., to assaulting a federal officer.
Cate was arrested in June 2018, on an indictment charging
him with assaulting a federal officer.
According to the indictment, Cate assaulted a Bureau of Indian Affairs
officer on Jan. 30, 2015, on Kewa Pueblo in Sandoval County, N.M., while the
officer was engaged in the performance of his official duties.
During today’s proceedings, Cate pled guilty to the
indictment. In entering the guilty plea,
Cate admitted that on Jan. 30, 2015, on Kewa Pueblo, he cursed, threatened, and
approached the officers in a threatening manner. Cate further admitted resisting arrest and
kicking a federal officer in the leg, causing the officer to fall. The officer obtained medical care for his leg
and was diagnosed with a sprain as the result of Cate’s assault.
At sentencing, Cate faces a statutory maximum penalty of
eight years in federal prison. Cate
remains in federal custody pending a sentencing hearing, which has yet to be
scheduled.
This case was investigated by the Albuquerque office of the
FBI and the Southern Pueblos Agency of the BIA’s Office of Justice Services and
is being prosecuted by Assistant U.S. Attorney Elisa C. Dimas.
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