U.S. Attorney's Office and DEA Announce Federal Charges Against Albuquerque Based Drug Trafficking Organization

ALBUQUERQUE - Five members of a drug trafficking organization based in Albuquerque have been charged in federal court with conspiracy to distribute fentanyl, cocaine, heroin and methamphetamine.

Tomas Rubalcaba, 45, Joaquin Rubalcada, 40, and Humberto Gastelum, 65, appeared before a federal judge last week and will remain in custody pending trial, which has not been scheduled. The federal judge permitted Frederick Chavey, 38, to remain in the third-party custody of his sister pending trial. The fifth defendant, Ismael Vargas, 37, remains a fugitive.

According to court records, the defendants belong to the Rubalcaba Drug Trafficking Organization (DTO), which has been distributing large quantities of narcotics in the Albuquerque area since at least 2021. The organization is allegedly led by brothers Tomas and Joaquin Rubalcaba. Tomas Rubalcaba coordinated narcotics sales through his business, Albuquerque Classics.

Throughout 2024, undercover agents from the Drug Enforcement Administration (DEA) conducted multiple undercover purchases of cocaine, heroin, fentanyl, and methamphetamine from the brothers, Gastelum, Chavey, and Vargas. In total, approximately 5,582 grams of fentanyl, 518 grams of cocaine, 187 grams of heroin, and 2,025 grams of methamphetamine were allegedly sold to undercover agents over an eight-month period.

On October 23, 2024, the DEA, along with the Albuquerque Police Department and Bernalillo County Sheriff's Office, executed search warrants at multiple locations associated with the DTO. Agents seized approximately 715,000 fentanyl pills, over seven kilograms of cocaine, and multiple firearms. At the residence of Joaquin Rubalcaba alone, agents allegedly found 660,000 fentanyl pills, three kilograms of cocaine, and five firearms, two of which were determined to be stolen.

In addition to serving search warrants on the premises of the indicted members of the Rubalcaba DTO, law enforcement searched residences of uncharged DTO members. During these operations, authorities discovered over 5 kilograms of suspected cocaine at the residence of Luke Scarpetta, 35, and more than 600 grams of suspected fentanyl at the home of Richard Garcia, 44. As a result of these searches, both Scarpetta and Garcia were charged with A level narcotics offenses. A federal judge ordered Garcia to remain in custody pending trial, while Scarpetta was permitted to reside at a halfway house.

If convicted, all of the defendants face a minimum of ten years of imprisonment. The defendants could receive a maximum sentence of life imprisonment.

U.S. Attorney Alexander M.M. Uballez and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, made the announcement today.

The Drug Enforcement Administration investigated this case with assistance from the Internal Revenue Service. Assistant United States Attorneys Joseph M. Spindle and Raquel Ruiz Velez are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.