STATEMENT O F FACTS IN SUPPORT O F COMPLAINT

IN T H E M A G I S T R A T E C O U R T

STATE OF NEW MEXICO No.

IN THE MAGISTRATE COURT
COUNTY OF DONA ANA

V.

A N D R E S B U R C I A G A , Defendant

D O B : 06/22/74 Hgt: 5'09" Address:

SOC: 585-43-5622 Wgt: 260 204 Posey Rd.
O L N : 101221938 ( N M ) Hair: Black Sunland Park, New Mexico 88063
Sex: Male Eye: Brown
Race: White Complexion: Medium

The undersigned, being duly swom on her oath, has reason to believe that on or about the 18^^. Day of January, 2018
through 28* day of September, 2018, in Dona Ana County, State o f N e w Mexico, the above-named Defendant(s) did
commit the crime(s) o f l ) Embezzlement (Over $500) Contraryto Section. 30-l6-8(D). N M S A 1978.

Undersigned further states the following facts on oath to establish probable cause to beiieve that the above-named
Defendant(s) did commit the crime(s) charged.

I. Affiant is a full-time salaried Law Enforcement Officer with the New Mexico State Police Department's
Criminal Investigation Bureau.

II. Affiant learned the following from Mesilla Valley Private Investigator Ricky Madrid:
A. Investigator Ricky Madrid advised he was hired by the City Manager of Sunland Park, N M , Julia Brown.
B. Investigator Madrid was to investigate Sunland Park Fire Chief Andres Burciaga for using his work vehicle
for personal use and other concems.
C. Investigator Madrid advised during his investigation he noted Chief Burciaga used the departments funds to
purchase several pairs of boots from Premier Uniform in El Paso, Texas.
D. Chief Burciaga also signed the purchase orders and picked up the boots.
E. According to Investigator Madrid, none of the firefighters in Sunland Park received any of the boots
purchased.
F. Investigator Madrid also mentioned Chief Burciaga was witnessed in far east El Paso using his work truck.

IIL Affiant learned the following from Sunland Park Fire Station Captain Dennis Schoen
A. Dennis advised he is acting Chief of the Sunland Park Fire Department while Chief Burciaga is under
investigation.
B. Dennis mentioned an audit was completed.
C. The vehicle. Vehicle 2033, assigned to Chief Burciaga was noted as having high mileage and fuel
consumption.
D. Between Januar/ 13, 2019 and February 11, 2019, Vehicle 2033 had 2,282 miles logged.
E. Sunland Park is city of approximately 10-mile radius.
F. Dennis provided receipts of the purchases Chief Burciaga made at Premier Uniform for Boots.
G. Several pairs of Boots were purchased on January 18, 2018; April 28, 2018; September 28, 2018.
H. Total amount of the fire funds used by Chief Burciaga to purchase the boots and clothing between January
2018 and September 2018 totaled $744.40.
I. Dennis advised none of the Firefighters received new boots.

IV. Affiant learned the following from Sunland Park Fire Chief Andres Burciaga

NMSP Case Number 19-23-5-0143

 A. Chief Burciaga advised he has been employed by the City of Sunland Park for 20 years and has been the
Chief since May of 2009.
B. Chiefs duty is to respond to calls, take command, deal with the city council, manage funds.
C. Chief Burciaga mentioned he was never told there was a limit to how many miles he logs on the work truck.
D. Chief Burciaga stated he did use the work truck for personal use, for example, going to his ranch in far east El
Paso, Texas where he has a goat ranch.
E. Chief Burciaga mentioned he took the work truck to his ranch two times as it was an emergency.
F. Chief Burciaga advised he purchased the boots and other clothing from Premier Uniform and would take it
back to his office. Doesn't know what happened to them.
G. Chief Burciaga mentioned the firefighters have a purchase order where they can go and replace uniforms.

Affiant petitions the Court to accept this Statement of Facts for the above-mentioned Defendant, charging him with 1)
Embezzlement (Over $500) Contraryto Section. 30-16-8(D).NMSA 1978.

Date: August 22, 2019

A f f i p i t Moises Mascorro
Agent, New Mexico State Police

NMSP Case Number 19-23-5-0143