~ ENDORSED s FILED IN MY OFFICE THIS 5, ta SECOND JUDICIAL DISTRICT COURT ta COUNTY OF BERNALILLO JAN 12 2018 & STATE OF NEW MEXICO a o STATE OF NEW MEXICO, CLERK DISTRICT €e@URT Plaintiff, Do2o2 Q vs. No. POR D NMAGO#:201601-00121 1471 CHERYLJ. YAZZIE, Dos: SSN: ADDRESS: | 1000 Canoncito Rd. Canongito, NM 87026 Defendant. CRIMES CHARGED GOVERNMENTAL CONDUCT ACT-Engaging in an official act for personal financial gain (two counts) (241! "RAUD (OVER $500 but not more than $2500) (two counts) (4530) or in the alternative, EMBEZZLEMENT (OVER $500 but not more than $2500) (three counts) (4552); MAKING OR PERMITTING FALSE PUBLIC VOUCHER (two counts) (0778), CONSPIRACY TO COMMIT A FELONY: FRAUD (OVER $500 but not more than $2500) (4532)(two counts) or in the alternative, EMBEZZLEMENT (OVER $500 but not more than $2500)(three counts) (4554); (LARCENY) (OVER $500 but not more than $2500)(4524); CONSPIRACY TO COMMIT A FELONY: LARCENY. (OVER ‘$500 but not more than $2500) (4526); RACKETEERING (4183); CONSPIRACY TO. COMMIT RACKETEERING (4185) GRAND JURY INDICTMENT THE GRAND JURY CHARGES COUNT 1 VIOLATION OF THE GOVERNMENTAL CONDUCT ACT-Engaging in an official act for personal gain (2419) in that on or about between July 13, 2014 through July 31, 2014, in Bernalillo County New Mexico, the above-named defendant was a public officer or employee and did take an official act for the primary purpose of directly enhancing the public officer's ot employee’s financial interest of financial position, to wit: Defendant submitted a purchase order request to the State of New Mexico in the amount of approximately $720.00 and received reimbursement in the amount of approximately $720.00 from the State of New Mexico for per diem related to the 2014 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 10-16-4, NMSA 1978.aN A\ State v. Cheryl J. Yazzie Grand Jury Indictment Page 2 COUNT 2 FRAUD (Over $500 but not more than $2500) (4530) in that on or about between July 13, 2014 through July 31, 2014, in Bemalillo County New Mexico, the above-named defendant did by words or actions misrepresent a fact to the State of New Mexico intending to deceive or cheat the State of New Mexico of funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and the defendant did obtain funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500 based on this misrepresentation, to wit: Defendant submitted a purchase order request to the State of New Mexico in the amount of approximately $720.00 and received reimbursement from the State of New Mexico in the amount of approximately $720.00 for per diem related to the 2014 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-16-6, NMSA 1978. Or in the alternative: EMBEZZLEMENT (Over $500 but not more than $2500) (4552) in that on or about between July 13, 2014 through July 31, 2014, in Bernalillo County New Mexico, the above-named defendant did by words or actions convert to his/her own use funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant submitted a purchase order request to the State of New Mexico in the amount of approximately $720.00 and received reimbursement from the State of New Mexico in the amount of approximately $720.00 for per diem related to the 2014 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-16-8, NMSA 1978. COUNT 3 MAKING OR PERMITTING FALSE PUBLIC VOUCHER (0778) in that on or about between July 13, 2014 through July 31, 2014, in Bernalillo County New Mexico, the above- named defendant did knowingly, intentionally, or willfully make, cause to be made, or permit to bbe made a false material statement or forged signature upon any public voucher with the intent that the voucher or invoice would be relied upon for the expenditure of public money, to wit: Defendant submitted @ purchase order request to the State of New Mexico in the amount of approximately $720.00 and received reimbursement from the State of New Mexico in the amount of approximately $720.00 for per diem related to the 2014 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree, contrary to Section 30- 23-3, NMSA 1978 COUNT 4 CONSPIRACY TO COMMIT A FELONY: FRAUD (Over $500 but not more than $2500) (4532) in that on or about between July 13, 2014 through July 31, 2014, in Bernalillo County New Mexico, the above-named defendant with another person did by words or actions misrepresent a fact to the State of New Mexico intending to deceive or cheat the State of New Mexico of funds belonging to the State of New Mexico which had a market value of over $500State v, Cheryl J. Yazzie Grand Jury Indictment Page 3 but not more than $2500, and the defendant did obtain funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500 based on this misrepresentation, to wit: Defendant in agreement with Kimberly Greene submitted a purchase order request {o the State of New Mexico in the amount of approximately $720.00 and received reimbursement from the State of New Mexico in the amount of approximately $720.00 for per diem related to the 2014 Leadership Tour even though all expenses were covered by the State of ‘New Mexico, a fourth degree felony, contrary to Section 30-28-2, NMSA 1978, Or in the alternative: CONSPIRACY TO COMMIT A FELONY: EMBEZZLEMENT (Over $500 but not more than $2500) (4554) in that on or about between July 13, 2014 through July 31, 2014, in Bernalillo County New Mexico, the above-named defendant with another person did by words ot actions agree to convert to his/her own use funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, 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 submitted a purchase order request to the State of ‘New Mexico in the amount of approximately $720.00 and received reimbursement from the State of New Mexico in the amount of approximately $720.00 for per diem related to the 2014 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-28-2, NMSA 1978 COUNTS VIOLATION OF THE GOVERNMENTAL CONDUCT ACT-Engaging in an official act. = \o- for personal gain (2419) in that on or about between July 11, 2015 through August 28, 2015, in Bemalillo County New) Mexico, the above-named defendant was a public officer or employee and did take an official act for the primary purpose of directly enhancing the public officer's or employee's financial interest or financial position, to wit: Defendant submitted a purchase order Tequest to the State of New Mexico in the amount of approximately $1170.00 and received reimbursement from the State of New Mexico in the amount of approximately $1170.00 for per diem related to the 2015 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 10-16-4, NMSA 1978. COUNT 6 FRAUD (Over $500 but not more than $2500) (4530) in that on or about between July 11, ww 2015 through August 28, 2015, in Bernalillo County New Mexico, the above-named defendant did by words or actions misrepresent a fact to the State of New Mexico intending to deceive or cheat the State of New Mexico of funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and the defendant did obtain funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500 based on this misrepresentation, to wit: Defendant submitted a purchase order request to the State of New Mexico in the amount of approximately $1170.00 and received reimbursement from the State of New Mexico in the amount of approximately $1170.00 for per diem related to the 2015 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-16-6, NMSA 1978.“A State v. Cheryl J. Yazzie Grand Jury Indictment Page 4 Or in the alternative: EMBEZZLEMENT (Over $500 but not more than $2500) (4552) in that on or about between July 11, 2015 through August 28, 2015, in Bemalillo County New Mexico, the above-named defendant did by words or actions convert to his/her own use funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit; Defendant submitted a purchase order request to the State af New Mexico in the amount of approximately $1170.00 and received reimbursement from the State of New Mexico in the amount of approximately $1170.00 for per diem related to the 2015 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-16-8, NMSA 1978 COUNT7 MAKING OR PERMITTING FALSE PUBLIC VOUCHER (0778) in that on or about between July 11, 2015 through August 28, 2015, in Bemalillo County New Mexico, the above- named defendant did knowingly, intentionally, or willfully make, cause to be made, or permit to be made a false material statement or forged signature upon any publie voucher with the intent that the voucher or invoice would be relied upon for the expenditure of public money, to wit: Defendant submitted a purchase order request to the State of New Mexico in the amount of approximately $1170.00 and received reimbursement from the State of New Mexico in the amount of approximately $1170.00 for per diem related to the 2015 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-23-3, NMSA 1978. COUNTS CONSPIRACY TO COMMIT A FELONY: FRAUD (Over $500 but not more than $2500) (4532) in that on or about between July 11, 2015 through August 28, 2015, in Bernalillo County New Mexico, the above-named defendant with another person did by words or actions misrepresent a fact to the State of New Mexico intending to deceive or cheat the State of New Mexico of funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and the defendant did obtain funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500 based on this misrepresentation, to wit: Defendant in agreement with Kimberly Greene submitted a purchase order request to the State of New Mexico in the amount of approximately $1170.00 and received reimbursement from the State of New Mexico in the amount of approximately $1170.00 for per diem related to the 2015 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-28-2, NMSA 1978. Or in the alternative: CONSPIRACY TO COMMIT A FELONY: EMBEZZLEMENT (Over $500 but not more than $2500) (4554) in that on or about between July 11, 2015 through August 28, 2015, in Bemalillo 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 the State of New Mexico which had 2 market value of over $500 but not more than $2500, 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 submitted a purchase order request to the State ofA A State v. Cheryl J. Yazzie Grand Jury Indictment Page 5 New Mexico in the amount of approximately $1170.00 and received reimbursement from the State of New Mexico in the amount of approximately $1170.00 for per diem related to the 2015 Leadership Tour even though all expenses were covered by the State of New Mexico, a fourth degree felony, contrary to Section 30-28-2, NMSA 1978, COUNT 9 EMBEZZLEMENT (Over $500 but not more than $2500) (4552) in that on or about between p-" July 11, 2015 through August 28, 2015, in Bemalillo County New Mexico, the above-named defendant did by words or actions convert to his/her own use funds belonging to the State of New Mexico which had a market value of over $500 but not more than $2500, and at the time, the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant converted to her own use approximately $1107.00 of the $16,000.00 State of New Mexico cash allocation for the 2015 Leadership Tour, a fourth degree felony, contrary to Section 30-16-8, NMSA 1978. Or in the alternative: LARCENY (Over $500 but not more than $2500)(4524) in thatonor ‘* about between July 11, 2015 through August 28, 2015, in Bemalillo County New Mexico, the above-named defendant did take and carry away funds, belonging to another, which had a market value over $500, and at the time the property was taken, the defendant intended to permanently deprive the owner of it, to wit: Defendant did take for her own use approximately $1107.00 of the $16,000.00 State of New Mexico cash allocation for the 2015 Leadership Tour, a fourth degree felony, contrary to Section 30-28-2, NMSA 1978, COUNT 10 CONSPIRACY TO COMMIT A FELONY: EMBEZZLEMENT (Over $500 but not more: ‘than $2500) (4554) in that on or about between July 11, 2015 through August 28, 2015, in Bemalillo 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 the State of New Mexico which hhad a market value of over $500 but not more than $2500, 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 converted to her own use approximately $1107.00 of the $16,000.00 State of New Mexico cash allocation for the 2015 Leadership Tout, a fourth degree felony, contrary to Section 30-28-2, NMSA 1978, Or in the alternative: CONSPIRACY TO COMMIT A FELONY: LARCENY (Over $500 but not more than $2500) (4526) in that on or about between July 11, 2015 through August 28, 2015, in Bernalillo County New Mexico, the above-named defendant with another person did by Words or actions agree to take and carry away funds, belonging to the State of New Mexico, which had a market value of over $500, 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 did take for her own use approximately $1107.00 of the $16,000.00 State of New Mexico cash allocation for the 2015 Leadership Tour, a fourth degree felony, contrary to Section 30-28- 2, NMSA 1978State v. Cheryl J. Yazzie Grand Jury Indictment Page 6 COUNT 1 rd | RACKETEERING (4183) in that on or about between July 13, 2014 through August 28,2015, ~" 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 pattern of racketeering by committing two or more crimes, in at least two incidents, within a five year period of time, a second degree felony, contrary to Section 30-42. 4(C), NMSA 1978. COUNT 12 ce CONSPIRACY TO COMMIT RACKETEERING (4185) in that on or about between July, 13, 2014 through August 28, 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 or actions agree to participate in the conduct of the affairs of the enterprise through a pattem 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 Attorney General's Office Thereby certify that the foregoing Indictment is a [vue Bin. APPROVED: ay 7 Audrey KR. MpKeée’ Foreman Assistant Attorney General Dis ¢ DateState v. Cheryl J. Yazzie Grand Jury Indictment ‘ASE INFORMATION AG FILE#: | NMAGO#201601-00121 MET.CT#: | N/A LEA/RPT#: | N/A AAG: Audrey K. McKee Def. DOB: 19 Def. $S# Def. Addr: 1000 Canoncito Ra. Canoneito, NM 87026 BOOKING/ARREST DATE: N/A BOOKING/ARREST}#: STN: DEF.ATTY: PHYSICAL DESCRIPTION OF DEFENDANT: Height 5108" Weight: 202 Race: BRN Hair Color: Other: FG Page 7PENALTIES Count 1, 2 & alternative, 3,4 & alternative, 5, 6 & alternative, 7, 8 & alternative, 9 & alternative, 10 & alternative: 4th Degree Felon): Basic sentence of 18 months but nt less than 1 year nor more than? yeas imprisonment and not more than $5,000 fine. Count 11: 2nd Degree Felony: Basic sentence of years but notes than 6 years nor more than 12 yeas imprisonment and not ore than $10,00 fine. Count 12: 3rd Degree Felony: Basie sentence of3 years but not less han 2 years nor more than 4 years imprisonment and not mere than $5000 fine ‘24 Desree Felony: Basie sentence oF 8 movths but not less than | year nor mare Than 2 years inprsonmnen and not move Than SSO fine, 3rd Degree Felony: Bite sentence of3 years but not fess than 2 years nor more than 4 years imprisonment snd wot more than $5,000 fine 2nd Degree Felony: Basic entende of 9 years but not less than 6 years nor more than 12 yeas imprisonment and not more than 80,000 fine st Degree Felony: Basic sentence of 18 years but not less than 12 yeas nor more than 24 years imprisonment and not more than $15,000 fine USE OF FIREARM ALTERATION TO BASIC SENTENCE (FE): Basie sentence ofimprisoument increased by | year fo fest offense in which a fireafm is used and 3 years for subsequent offenses in whieh a firearm is sea SSEOF OLD AGE & HANDICAPPED ENHANCEMENT (OAE or HE) Basie sotence of imprisonment is increased by one (1) yer, oles great bocily har is inflicted, ora dexdly weapon is used then the basi sentence is increase by two (2) year Spécial Penalty: (Reediving or Transferring a Stolen Vehicle Possession) only) Basic sentence of one year andor $3000 TU Misdemeanor: Less than year inthe County Jil andar not more than $1,000 fine. PETTY MISDEMEANOR: Not more than 6 months in the County Jali and/or not more than $500 fine. Misdemeanor: Not more than 6 months in the County Jail andor not more than $500 fine. Penalty for Driving While Under the Influence, Felony Offense: (4th Offense): 4* degtes, basic sentence of 18 months and not more than $5,000 fin, including a mandatory ail tem of not less than 6 months, (Sth Offense) 4 degre, base sentence of? years and not more than $5,900 fin, inlung @mancatry jail erm of not less than one yea {Gti Offense): A 3° degree, basi sentence of 30 month and not more than $5,000 fin, including a mandatory jail term of not less thon 18 ‘months Pease eubwequet): A thd degree bese sentece of 3 years and not mare than $5,000 fn, including a mandatory iil erm of to years Penatty for Driving While Under the Influence - Misdemeanor: If st Offense, basic sentence maximum 90 days jal and $900 fre Sr oseig tnd 5.000 fine, and i aggravated an ational 96 hours jul ime; i 3 Offense, base sentence sa mandatory 30 days inl ard $750 fine to maxim of 364 days and $1,000 fine and if agaravatd an adltional mandatory 60 days al tne Erne fot Driving Wile License Suspended or Revoked: Misdemeanor, abasic sentence of 361, mandatory? days and fine upto $1,000 (cor-DW1 related suspensioh/evocation}; ont less than 7 consecutive days imprisonment and mansetory Fine sos les haaee490 ‘nor more than $1,000 (DWWI revocation). Penalty for Reckless Driving: Upon first convietion, basic sentence of five days to ninety days imprisonment, andor $25 to $100 fine. Upon a second or subseqient conviction, basic sentence often deys to si months imprisonment, and/or 55016 1.000 fr Penalty for Traffic Code Misdemeanor: ie of not more than $300 or imprisonment for not mers than 90 days or both Penalty Assessment Misdemeanor, See Schedule in Trafic Code, Section 66.8 116 23nd Degree Felony Resilting inthe Death of « Human Being: Basic sentence of 1S years bt ates in TO jours nov WOW DWT years imprisonment and not more thin $12,500 Fine tf Dezree Felony Resulting in the Death ofa Human Being: Basic sentence of 6 years but not less then 4 years nor me than 8 years imprisonment and not more than $13,000 fine. OPEN CHARGE OF MURDER Penalty for FIRST DEGREE MURDER (Willful and Deliberate) or (Depraved Mind) CAPITAL FELONY: Death of Life Imprisonment SECOND DEGREE MURDER: Basi sentence of 15 years but not less than 10 years nor more that 20 years imprisonment and not more tan $12,500 fine VOLUNTARY MANSLAUGHTER: Basic sentence of 6 years but not less than 4 years nor more than 8 yeas imprisonment and ‘not more than $15,000 fine. INVOLUNTARY MANSLAUGHTER: 4th Degree Felony: Basie sentence of 18 months but no less than | year nor more than 2 years imprisonment and not more than $5,008 fine Penalty for FIRST DEGREE MURDER (Felony Murder) (CAPITAL FELONY: Death of Life Imprisonment