United States of America v. Nathaniel Zuniga-Valle

Amarillo, Texas, criminal defense lawyer represented the Defendant charged with unlawful possession of a machine gun in violation of 18 U.S.C. §§ 922(o)(1), 924(a)(2).

Digested by: Kent Morlan

on March 22, Amarillo Police Department officers were dispatched to the 300 Block of South Mississippi Street in response to a reported shooting. After speaking with victims and witnesses, APD officers learned that an individual, KJ, who hosted a party had observed a male with a rifle and asked the subject to leave. The subject with the rifle left the party, and the house was immediately struck by multiple bullets. Shortly before this, JA, another subject attending the party, videoed the male with the rifle that was asked to leave. The video depicted the rifle with the receiver open and an attachment inside that appeared to be an auto sear device, which would allow the firearm to function as a machinegun. JA provided this video clip to investigators.

Surveillance video obtained from the vicinity of where the shooting occurred showed what appeared to be a subject standing behind an SUV. The camera recorded the sound of multiple shots fired in rapid succession. The speed at which the shots were fired was consistent with fully automatic gunfire.

Through further investigation, officers identified Azaiah Nathaniel Zuniga-Valle as the person that had the rifle at the party. Investigators obtained an arrest warrant for Zuniga-Valle.

On March 24, an unnamed male called APD dispatch and stated that the subject that was involved in the shooting on Mississippi Street pointed a gun at him and forced him to give him a ride to the Wal-Mart in Hereford, Texas. This information was passed on to Hereford Police Department, who dispatched officers to the scene and arrested Zuniga-Valle inside of a car that was in the parking lot. They also found a Glock pistol under the driver’s seat.

During a post-Miranda statement given to task force officers with the FBI, Zuniga-Valle made several admissions. When was asked about the rifle that was discharged at the party on March 22, he admitted that he bought the rifle approximately one year ago from Gebo’s in Hereford and the rifle should be in his name. He further admitted to trading a disposable vape device for the “drop-in” attachment that makes the firearm function as a machinegun and that he did not obtain a permit from ATF to own a machinegun.

Zuniga-Valle said he got into a verbal altercation with a subject at the party on Mississippi Street. After he departed the residence, Zuniga-Valle said he heard gunfire from the front porch area, so he pulled out his rifle and shot at the house. He estimated he fired 30 rounds and his rifle functioned as a machinegun.

Zuniga-Valle stated that after the shooting he traded the rifle he had used for the Glock pistol that was found in the car. Zuniga-Valle admitted he placed the Glock pistol under the driver’s seat when he saw officers approaching the car.

The Defendant elected to plead guilty. Zuniga-Valle faces up to 10 years in federal prison.