ENDORSED FILED IN MY OFFICE THIS, SECOND JUDICIAL DISTRICT COURT JAN 12 2018 i COUNTY OF BERNALILLO ‘ STATE OF NEW MEXICO, CLERK DISTRICT COURT STATE OF NEW MEXICO, Plaintiff, vs, No._Pe=-~ “2018 “00169 NMAGO#: 201601-00121 CHARLES P, COUNTEE, DOB: BS? RES SSN: z= CHRISTINA P. ARGY! 909 Morris NE Albuquerque, NM 87112 Defendant. CRIMES CHARGED EMBEZZLEMENT (over $2,500 but not more than $20,000) (0607)(two counts); CONSPIRACY TO COMMIT A FELONY: EMBEZZLEMENT (Over $2,500 but not more than $20,000) (0614); RACKETEERING (4183); CONSPIRACY TO COMMIT RACKETEERING (4185) GRAND JURY. ICT ME THE GRAND JURY CHARGES: COUNT 1 EMBEZZLEMENT (over $2,500 but not more than $20,000) (0607) in that on or about between March 25, 2014 through December 31, 2015, in Bernalillo County New Mexico, the above-named defendant did convert to his/her own use funds belonging to Martin Luther King Commission held in the READ bank account which had a market value of over $2,500 but not ‘more than $20,000, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant made multiple ATM withdrawals from the READ bank account accessing funds over $2,500 but not more than $20,000 belonging to Martin Luther King Commission, a third degree felony, contrary to Section 30-16-8, NMSA. 1978. COUNT 2 we {EMBEZZLEMENT (over $2,500 but not more than $20,000) (0607) in that on or about between June 19, 2014 through December 31, 2015, in Bernalillo County New Mexico, the above-named defendant did convert to his/her own use funds belonging to Martin Luther King Commission held in the READ bank account which had a matket value of over $2,500 but notA State v. Chatles P. Countee Grand Jury Indictment Page 2 ‘more than $20,000, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant issued multiple non-payroll checks to himself from the READ bank account accessing funds over $2,500 but not more than $20,000, belonging to Martin Luther King Commission, a third degree felony, contrary to Section 30-16- 8, NMSA 1978. COUNT 3 CONSPIRACY TO COMMIT A FELONY: EMBEZZLEMENT (Over $2,500 but not more than $20,000) (0614) in that on or about between June 19, 2013 through October 7, 2015, in Bernalillo County New Mexico, the above-named defendant with another person did by words or actions agree to convert to his/her own use funds belonging to Martin Luther King. Commission held in the READ bank account which had a market value of over $2,500 but not more than $20,000, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant in agreement with Kimberly Greene, a state employee of the Martin Luther King Commission, issued multiple checks, totaling over $2500 but less than $20,000, to Kimberly Greene and upon Kimberly Greene’s request, accessing funds belonging to the Martin Luther King Commission and being held in Defendant's READ bank account knowing that Kimberly Greene was not entitled to said funds, a fourth degree felony, contrary ta Section 30-28-2, NMSA 1978. COUNT 4 RACKETEERING (4183) in that on or between March 25, 2013 through December 31, 2015, in Bernalillo County New Mexico, there existed an enterprise, the above-named defendant was associated with the enterprise, the defendant participated in the conduct of the affairs of the enterprise through a pattem of racketeering by committing two or more etimes, in at least two incidents, within a five year period of time, a second degree felony, contrary to Section 30-42- 4(©), NMSA 1978. COUNTS CONSPIRACY TO COMMIT RACKETEERING (4185) in that on or between March 25, 2013 through December 31, 2015, in Bernalillo County New Mexico, there existed an enterprise, the above-named defendant was associated with the enterprise, the defendant with another person did by words of actions agree to participate in the conduct of the affairs of the enterprise through a pattern of racketeering by committing two or more crimes, in at least two incidents, within a five year period of time, a third degree felony, contrary to Section 30-42-4(D), NMSA 1978, The names of the witnesses upon whose testimony this Indictment is based are as follows: Special Agent Christopher Kohler, NM Attomey General’s OfficeState v. Charles P. Countee Grand Jury Indictment Thereby certify that the foregoing Indictment is a APPROVED: Irey Assistant Attorney General pall 1/204 Date True Bill. Ait LOE Page 3State v. Charles P. Countee Grand Jury Indictment CASE INFORMATION AG FILE#: NMAGO# 201601-00121 MET.CT.#: N/A LEA/RPT#: AAG: Audrey McKee Def. DOB: a. Def. SS#: Def. Addr: 929 Morris NE, Albuquerque, NM 87112 BOOKING/ARREST DATE: BOOKING/ARREST#: STN: DEF.ATTY: PHYSICAL DESCRIPTION OF DEFENDANT: Height: 5°10 Weight: 190 Race: BLK Eye Color:Brown Hair Color: Black Other: FG Page 4PENALTIES punt 1s 3rd Degree Felony: Basic sentence of 3 years bu not es tho 2 years nor more than 4 years imprisonment and not more than 5,000 fine. SOuME 2: 3rd Degree Felony: Busi sentence of 3 years but nt less than 2 year nor more thn 4 yar inptisonment and not more than $5,000 fine. sunt 3 th Degree Felony: Bubic sentence of 18 months bul notes than 1 yearnor more than? years inprisonmen and nt moe than 000 fine Gaunt 4: Ind Degree Felony: Baie sentence of 9 years but not les than 6 years nor more than 12 years imprisonment ard not more than $10,000 five. Gount 5: 3rd Degree Felony: Bake sentence of3 years but not less than 2 years nor more than 4 years imprisonment and not more than $5,000 fine Fag bedtee Felony: Bate sentenck of 18 months but not less an I year nor more Wan 2 years imprisonment and Rovinow Wan SSTOT fine Bea Deeres Fenty: Babi sentence of 3 years but not less than 2 years nor more than 4 years imprisonment and not more than $5,000 ne Fag Desree Felony: Basic sentence of 9 years but not ess thn 6 years nor more than 12 years imprisonment and not move thas S10s006 fine fa, 2 Felony Base senteneyof 18 years but not les than 12 ears nor more than 24 years imprisonment and not mre than $15,000 fine. Sree Iman ARM ALTERATION TO BASIC SENTENCE (FE): Basic sentence of imprisonment inereased by 1 year for ft offense in which a firearm is used dnd 3 years for subsequent offenses in which a firearm is eed tales pet eA & HANDICAPPED ENHANCEMENT (OAE or HE) Basic sentence of imprisonment i increased by one (1) yar, unless great bedily harms inicted or 2 deadly weapon is used, then the basi sentence i incresed by to D) sean {peelal Penalty: (Receiving or Transfering a Stolen Vehicle (Possession) only) Basic sentence of one your andor SIO HAS Misdemeanor: Less than I year in the County Jil andlor not mote tan $1,000 fine, PETTY MISDEMEANOR: Not more than 6 months inthe County Jail and than 6 months in the County Jail andor not more than $500 fine Penalty for Driving While Under the Influence, Felony Offense: de pes) Aa dares, basic sentence of 18 months and no more than $500 fine, ncinga mandatory jl term of not les han 6 months, {Gtk Offense): 4% degree, base stntence of 2 years and not more than $5,000 fing, including a mandatory al tem of not lee than one ear. Cen pe TsO) A" deze, basic fence of 30 month, and not mor than $5,000 fn, including a mandatory ail term of not es than 18 months. Penaty fer Borin tt deze; bs enence of 3 years and not more tan 85,000 fie, nlading a mandatory jal erm of to years re eee eeay ite Under fhe Iflaence «Misdemeanor: fst Offense, basic sentence i maximum 90 cays jl and $500 ne not more than $500 fine. Misdemeanor: Not more S100 or DW aa License Suspended or Revoked: A Misdemeanor, basic sentence of 364, mandatory 7 days and fine up to revocation); oF not less then 7 consccutive days imprisonment and mandatory fine no less than S300 ‘nor more than $1,000 (DWI revocation). Caaalty for Reekess Driving: Upos fist convition, basi sentence of five days to ninety days imprisonment, andor $25 0100 fine pion a second or subsequent conviction, basic sentence of en days to six month imprisonment andlor $50 te $1,000 he Penalty for Traffe Code Misdemeanor: fine of not more than $300 or imprisonment fr ot mre than 90 dee ee bone Penalty Assessment Misdemeanor: See Schedule in Tratie Code, Seston 66, Ie Jal Deares Felony Resuling Inthe Death of ¢ Human Being: asi sentence of IS years bt vot es than T jeune nov Nove ae years imprisonment and not more than $12,500 fine, apres ny Reltng in te Death of « Human Being: Basic sentence of 6 years bt not less han 4 yeas nor more than 8 yeas imprisonment and not more than $15,000 fine. "EN CH ER Penalty for FIRST DEGREE MURDER (Will ad Deliberate or (Depraved Mind) CAPITAL FELONY: Death or Life Impeisonnent Srspo DEGREE MURDER: Basi sentence of 15 yeas bt notes than 10 year no re than 20 years npisonmen and not mot than $12,300 fine T1000 raRY MANSLAUGHTER: sis stance of ers but not ss than year nor more thn 8 yen impssonmen and na mre than 000 fine dae eer ARY MANSLAUGHTER: sth Degre Felony: Bass seteneof 18 ments but oes tha 1 ear nor re ttan 2 yas {nprisonment and not more tha $5,00 fine Penalty for FIRST DEGREE MURDER (Felony Murder) ‘CAPITAL FELONY: Death or Life Imprisonment