ALBUQUERQUE, N.M. — Rodney Waikaniwa, a 51-year-old resident of Zuni, New Mexico, and an enrolled member of the Zuni Pueblo, has pleaded guilty to two counts of abusive sexual contact for assaults on children that occurred in the early 2000s, as announced by Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. Waikaniwa remains in custody, awaiting sentencing, the date of which has yet to be scheduled.
A federal grand jury indicted Waikaniwa on May 24, 2023. Court records reveal that between September 21, 2000, and September 20, 2001, Waikaniwa intentionally engaged in sexual contact with the first victim, referred to as Jane Doe 1, for his own sexual gratification. At the time of the abuse, Jane Doe 1 was approximately eight years old. In a separate incident between January 1, 2013, and December 31, 2015, Waikaniwa again committed abusive sexual contact against a second victim, Jane Doe 2, who was about six years old at the time.
Under the terms of the plea agreement, Waikaniwa faces a minimum of ten years to a maximum of fifteen years in prison. This sentence will be followed by a supervised release period of not less than five years and potentially up to life. Additionally, Waikaniwa will be required to register as a sex offender.
The investigation leading to Waikaniwa's guilty plea was conducted by the Gallup Resident Agency of the FBI Albuquerque Field Office, with assistance from the Zuni Police Department. Assistant United States Attorney Mark A. Probasco is prosecuting the case.
Within the framework of the plea deal, Waikaniwa admits guilt to two counts of abusive sexual contact occurring between September 21, 2000, and September 20, 2001, with the first victim, and between January 1, 2013, and December 31, 2015, with the second victim. These acknowledgments form the basis for a sentencing recommendation that spans a minimum of 120 months (10 years) to a maximum of 180 months (15 years) in prison, showcasing a precise calculation of justice sought by both parties.
Further dissecting the terms of the plea, Waikaniwa agrees to a substantial forfeiture of rights: notably, the right to appeal the conviction and sentence as long as the sentence adheres to the outlined agreement parameters, and the right to seek post-conviction relief, save for claims of ineffective assistance of counsel. This aspect of the agreement, by setting aside potential future legal challenges, underscores the definitive nature of Waikaniwa's admission of guilt and acceptance of the consequences. Additionally, the agreement mandates Waikaniwa's registration as a sex offender upon release.
Authorities urge anyone who believes they or their child may be a victim to contact the FBI at (505) 8891300 or submit tips online at tips.fbi.gov, highlighting the ongoing concern for community safety and victim support.