Mescalero Apache man pleads guilty to assaulting 16-month-old child

POSTED: 11:04 AM MDT Oct 28, 2013    UPDATED: 03:00 PM MDT Oct 28, 2013 

Mescalero Apache man has pleaded guilty to assaulting a 16-month-old child in Fall 2012.

Alcario Emilio Provencio, 24, a member and resident of the Mescalero Apache Nation, pleaded guilty on Oct. 28, 2013, in Las Cruces federal court to assaulting a minor in Indian Country.  Under the terms of the plea agreement, Provencio will be sentenced to three years of imprisonment followed by a term of supervised release to be determined by the court.

Provencio was arrested on April 15, 2013, on a criminal complaint charging him with assault resulting in serious bodily injury.  According to the complaint, Provencio assaulted a 16-month old child who was in his care on Oct. 10, 2012, in a residence located on the Mescalero Apache Reservation. 

The U.S. Attorney’s Office in Albuquerque says that as a result of the assault, the victim sustained serious injuries including compression fractures of two vertebrae, retinal hemorrhaging, a fractured rib and numerous bruises on the head, face, neck and torso.  Provencio was in tribal custody on tribal charges related to the assault until his arrest on federal charges.

Provencio's sentencing hearing has yet to be scheduled.