Arizona Fugitives Indicted on Capital Charges

United States Attorney Kenneth J. Gonzales announced that, on September 29, 2010, a federal grand jury in Albuquerque indicted Arizona fugitives John Charles McCluskey, 45, and Tracy Allen Province, 42, and their accomplice, Casslyn Mae Welch, 44, in connection with the August 2, 2010 carjacking and murder of Gary and Linda Haas of Oklahoma. As previously reported, Province was arrested in Wyoming on August 9, 2010, and McCluskey and Welch were arrested in Arizona on August 19, 2010, following a nationwide, multi-agency manhunt. McCluskey, Province, and Welch currently are in state custody in Arizona, and the United States Attorney's Office will now seek to extradite the three from Arizona to face the charges in the indictment.

The indictment charges McCluskey, Province, and Welch with the following offenses: conspiracy to commit carjacking (Count 1); carjacking resulting in death (Count 2); tampering with a witness (Count 3); conspiracy to interfere with commerce (Count 4); interference with commerce (Count 5); using and carrying firearms during and in relation to crimes of violence (Counts 6-10); and being fugitives from justice in possession of firearms and ammunition (Count 13). It also charges McCluskey and Province with being felons in possession of firearms and ammunition (Counts 11 and12, respectively). McCluskey, Province and Welch each face a maximum sentence of death or life in prison on Counts 2, 3, and 6-10. The decision whether to seek the death penalty is made by the Attorney General of the United States after carefully considering each defendant’s background and the circumstances of the crime.

The case was investigated by the New Mexico State Police and the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorneys Linda Mott and Shana Pennington.

Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.