ALBUQUERQUE ― Avery Cate, 27, an enrolled member of the Kewa Pueblo who resides in Bernalillo, pled guilty Thursday in Federal Court in Albuquerque, 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 Jan. 30, 2015, on Kewa Pueblo in Sandoval County, 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 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.