Tiffany Nicole Weaver, et. al, Auto Theft Ring Indictment

District Court, City and County of Denver, Colorado City and County Building, Room 256 1437 Bannock Street Denver, CO 80202 Plaintiff: THE PEOPLE OF THE STATE OF

COLORADO

Defendants: HAROLD ERNEST MARGESON TIFFANY NICOLE WEAVER LEVI GREGORY YAZZIE LEE DEON ELLIS MARC PHILIP FALKENHAN TARA LYNN MASSEY JUSTIN DEAN NELSON SCOTT WAYNE PERNESKY

? COURT USE ONLY ?

Case Number:

Grand Jury No. 10CR2 A

Div.: Criminal Ctrm: 9 / ____

INDICTMENT

VIOLATION OF COLORADO ORGANIZED CRIME CONTROL ACT, C.R.S. 18-17-104(3), (F2) <37284> 1 (1 count)

CONSPIRACY TO COMMIT SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a); 18-2-201, (F4) <06032C> 2 (1 count) CONSPIRACY TO COMMIT AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(b); 18-2-201, (F4) <0804BC> 3 (1 count) CONSPIRACY TO COMMIT AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a); 18-2-201, (F5) <0804CC> 4 (1 count) CONSPIRACY TO COMMIT THEFT, C.R.S. 18-4-401(1),(2)(c); 18-2-201, (F5) <0801UC> 5 (1 count) CONSPIRACY TO COMMIT FORGERY, C.R.S. 18-5-102(1)(c); 18-2-201, (F6) <1001CC> 6 (1 count) SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> 13, 15, 20, 22, 30, 38, 42, 48, 51, 53, 56, 59, 61, 64, 69, 72, 76, 80, 83, 85, 89, 97 (22 counts) MANUFACTURING A CONTROLLED SUBSTANCE - SCHEDULE II, C.R.S. 18-18-405(1),(2)(a)(I)(A), (F3) <82031> 7 (1 count)

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POSSESSION OF PRECURSOR FOR METHAMPHETAMINE OR AMPHETAMINE, C.R.S. 18-18-412.5, (F3) <33501> 8 (1 count) AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(b), (F3) <0804B> 16 (1 count) AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> 9, 11, 18, 19, 21, 27, 28, 31, 32, 37, 40, 41, 43, 44, 49, 50, 58, 60, 65, 66, 84, 99, 100 (23 counts) THEFT, C.R.S. 18-4-401(1),(2)(c), (F4) <0801U> 10, 29, 33, 34, 35, 36 (6 counts) CONTRIBUTING TO THE DELINQUENCY OF A MINOR, C.R.S. 18-6-701, (F4) <18051> 45 (1 count) AGGRAVATED MOTOR VEHICLE THEFT IN THE SECOND DEGREE, C.R.S. 18-4-409(4)(a), (F5) <0804D> 17, 39 (2 counts) FORGERY, C.R.S. 18-5-102(1)(c), (F5) <1001C> 46, 87 (2 counts) FIRST DEGREE CRIMINAL TRESPASS - DWELLING, C.R.S. 18-4-502, (F5) <09021> 79 (1 count) FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> 12, 14, 23, 24, 25, 26, 47, 52, 54, 55, 57, 63, 67, 70, 71, 73, 74, 75, 77, 78, 81, 86, 90, 91, 92, 98, 101 (27 counts) CRIMINAL IMPERSONATION, C.R.S. 18-5-113(1)(e), (F6) <1011A> 88, 93, 94, 102 (4 counts) THEFT, C.R.S. 18-4-401(1),(2)(b.5), (M1) <0801T> 68 (1 count) UNAUTHORIZED USE OF A FINANCIAL TRANSACTION DEVICE - UNDER $1,000, C.R.S. 18-5-702(1),(3)(b), (M1) <1301C> 95, 96, 103 (3 counts) THEFT - UNDER $500, C.R.S. 18-4-401(1),(2)(b), (M2) <0801S> 62, 82 (2 counts) The Grand Jury presents the within Indictment and the same is ordered filed.

Dated this _________ day of ____________________, 2011. _________________________________________ Sheila Rappaport Presiding Judge

Denver District Court

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VIOLATION OF COLORADO ORGANIZED CRIME CONTROL ACT, C.R.S. 18-17-104(3), (F2) <37284>

COUNT ONE

Between and including November 1, 2009, and January 5, 2011, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, while employed by or associated with an enterprise, namely: a group of individuals associated in fact, although not a legal entity, unlawfully, feloniously, and knowingly conducted or participated, directly or indirectly, in the enterprise through a pattern of racketeering activity; in violation of sections 18-17-104(3) and 18-17-105, C.R.S.

The Enterprise

The enterprise alleged in this count was a group of individuals, associated in fact, although not a legal entity. The enterprise included, but was not limited to, the following: HAROLD ERNEST MARGESON, TIFFANY NICOLE WEAVER, LEVI GREGORY YAZZIE, LEE DEON ELLIS, MARC PHILIP FALKENHAN, TARA LYNN MASSEY, JUSTIN DEAN NELSON, SCOTT WAYNE PERNESKY, JORDAN COLAIZZI, MISTY CLANTON, HOPE ESQUIBEL, MICHAEL MULE, RICHARD PLATT, DYLAN VERLEY, and other persons known or unknown, who were associated from time to time in racketeering activity that was related to the conduct of the enterprise.

Pattern of Racketeering Activity

For purposes of this count, the defendants engaged in acts related to the conduct of the enterprise, including: As to HAROLD ERNEST MARGESON, the acts described in counts 4, 5, 7, 8, 9, 10, 28, 33, 34, 35, and 36, including any lesser included offenses of these counts. As to TIFFANY NICOLE WEAVER, the acts described in counts 2, 3, 4, 6, 9, 11, 13, 15, 16, 18, 19, 20, 21, 22, 28, 30, 31, 40, 41, 42, 43, 44, 46, 48, 49, 50, 51, 53, 56, 58, 59, 60, 61, 62, 64, 65, 66, 68, 69, 72, 76, 80, 83, 84, 85, 89, 94, 95, 97, 99, 100, 102, and 103, including any lesser included offenses of these counts, and Predicate Act 104 of this Indictment. As to LEVI GREGORY YAZZIE, the acts described in counts 2, 3, 4, 6, 9, 18, 20, 21, 22, 30, 31, 41, 43, 44, 46, 48, 49, 50, 51, 53, 56, 58, 59, 60, 61, 62, 64, 65, 66, 68, 69, 72, 76, 80, 82, 83, 84, 85, 87, 88, 89, 93, and 96, including any lesser included offenses of these counts.

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PREDICATE ACT ONE HUNDRED AND FOUR AGGRAVATED MOTOR VEHICLE THEFT IN THE SECOND DEGREE, C.R.S. 18-4-409(4)(a), (F5) <0804D> On or about January 25, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of MOLLY PETERSON, without authorization or by threat or deception, and the value of the motor vehicle was twenty thousand dollars or more; in violation of section 18-4-409(4)(a), C.R.S.

COUNT TWO

CONSPIRACY TO COMMIT SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a); 18-2-201, (F4) <06032C> Between and including November 1, 2009, and January 5, 2011, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, LEVI GREGORY YAZZIE, LEE DEON ELLIS, and MARC PHILIP FALKENHAN, with the intent to promote or facilitate the commission of the crime of SECOND DEGREE BURGLARY, unlawfully and feloniously agreed with each other and with a person or persons to the Grand Jury unknown that one or more of them would engage in conduct which constituted that crime or an attempt to commit that crime, or agreed to aid the other person or persons in the planning or commission or attempted commission of that crime, and an overt act in pursuance of the conspiracy was committed by one or more of the conspirators; in violation of sections 18-4-203(1),(2)(a) and 18-2-201, C.R.S.

COUNT THREE CONSPIRACY TO COMMIT AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(b); 18-2-201, (F4) <0804BC> Between and including November 1, 2009, and January 5, 2011, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, LEVI GREGORY YAZZIE, LEE DEON ELLIS, and MARC PHILIP FALKENHAN, with the intent to promote or facilitate the commission of the crime of AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, unlawfully and feloniously agreed with each other and a person or persons to the Grand Jury unknown that one or more of them would engage in conduct which constituted that crime or an attempt to commit that crime, or agreed to aid the other person or persons in the planning or commission or attempted commission of that crime, and an overt act in pursuance of the conspiracy was committed by one or more of the conspirators; in violation of sections 18-4-409(2),(3)(b) and 18-2-201, C.R.S.

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COUNT FOUR CONSPIRACY TO COMMIT AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a); 18-2-201, (F5) <0804CC> Between and including November 1, 2009, and January 5, 2011, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON, TIFFANY NICOLE WEAVER, LEVI GREGORY YAZZIE, MARC PHILIP FALKENHAN, TARA LYNN MASSEY, JUSTIN DEAN NELSON, and SCOTT WAYNE PERNESKY, with the intent to promote or facilitate the commission of the crime of AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, unlawfully and feloniously agreed with each other and a person or persons to the Grand Jury unknown that one or more of them would engage in conduct which constituted that crime or an attempt to commit that crime, or agreed to aid the other person or persons in the planning or commission or attempted commission of that crime, and an overt act in pursuance of the conspiracy was committed by one or more of the conspirators; in violation of sections 18-4-409(2),(3)(a) and 18-2-201, C.R.S.

COUNT FIVE

CONSPIRACY TO COMMIT THEFT, C.R.S. 18-4-401(1),(2)(c); 18-2-201, (F5) <0801UC> Between and including November 1, 2009, and January 5, 2011, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON and SCOTT WAYNE PERNESKY, with the intent to promote or facilitate the commission of the crime of THEFT, unlawfully and feloniously agreed with each other and a person or persons to the Grand Jury unknown that one or more of them would engage in conduct which constituted that crime or an attempt to commit that crime, or agreed to aid the other person or persons in the planning or commission or attempted commission of that crime, and an overt act in pursuance of the conspiracy was committed by one or more of the conspirators; in violation of sections 18-4-401(1)(a)-(c), (2)(c) and 18-2-201, C.R.S.

COUNT SIX CONSPIRACY TO COMMIT FORGERY, C.R.S. 18-5-102(1)(c); 18-2-201, (F6) <1001CC> Between and including November 1, 2009, and January 5, 2011, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, with the intent to promote or facilitate the commission of the crime of FORGERY, unlawfully and feloniously agreed with each other and a person or persons to the Grand Jury unknown that one or more of them would engage in conduct which constituted that crime or an attempt to commit that crime, or agreed to aid the other person or persons in the planning or commission or attempted commission of that crime, and an overt act in pursuance of the conspiracy was committed by one or more of the conspirators; in violation of sections 18-5-102(1)(c) and 18-2-201, C.R.S.

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The facts supporting Counts 1 through 6 and Predicate Act 104 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. From at least November 1, 2009, through January 5, 2011, Harold Ernest Margeson, Tiffany Nicole Weaver, Levi Gregory Yazzie, Lee Deon Ellis, Marc Philip Falkenhan, Tara Lynn Massey, Justin Dean Nelson, Scott Wayne Pernesky, Jordan Colaizzi, Misty Clanton, Hope Esquibel, Michael Mule, Richard Platt, Dylan Verley, and others, known and unknown to the Grand Jury, were a group of individuals associated in fact, though not a legal entity, with common goals. The common goals of the members of the enterprise were to obtain, manufacture, distribute and use controlled substances; and to steal automobiles, money, personal identifying information, financial identifying information, consumer electronics, and other property, primarily through burglarizing dwellings and breaking into motor vehicles. 3. At all times relevant to this Indictment, Harold Ernest Margeson, Tiffany Nicole Weaver, Levi Gregory Yazzie, Lee Deon Ellis, Marc Philip Falkenhan, Tara Lynn Massey, Justin Dean Nelson, Scott Wayne Pernesky, Jordan Colaizzi, Misty Clanton, Hope Esquibel, Michael Mule, Richard Platt, Dylan Verley, and other members of the enterprise, associated with each other from time to time to buy, sell, trade and barter stolen property and/or money in exchange for controlled substances, primarily but not limited to, methamphetamine. 4. At all times relevant to this Indictment, members of the enterprise, including but not limited to, Tiffany Nicole Weaver, Levi Gregory Yazzie, Lee Deon Ellis, Marc Philip Falkenhan, and Scott Wayne Pernesky, working independently or in concert with each other and/or with persons unknown to the Grand Jury, burglarized dwellings in the Denver, Colorado, metropolitan area to obtain automobiles, financial identifying information, personal identifying information, financial transaction devices, checks, money, consumer electronics and other property. Among the many burglaries committed by enterprise participants, in association with the enterprise, are the following dwellings that were victimized in the City and County of Denver, State of Colorado: 1145 South Broadway; 1920 South University Boulevard; 2 North Adams Street; 2400 East Asbury Avenue; 2905 North Inca Street; 300 East 17th Avenue; 333 South Monroe Street; 4280 East Iowa Avenue; 4380 South Monaco Street; 6300 East Hampden Avenue; 6464 West Amherst Avenue; 6515 East Union Avenue; 6715 East Union Avenue; 77 South Adams Street; 7865 East Mississippi Avenue; 790 Washington Street; 8100 East Union Avenue; and 901 North Sherman Street. 5. At all times relevant to this Indictment, members of the enterprise, including but not limited to Harold Ernest Margeson, Tiffany Nicole Weaver, Levi Gregory Yazzie, Lee Deon Ellis, Marc Philip Falkenhan, Tara Lynn Massey, Justin Dean Nelson, and Scott Wayne Pernesky, stole motor vehicles and/or knowingly and unlawfully obtained control over stolen motor vehicles. Members of the enterprise also stole license plates from other vehicles and affixed those stolen plates to stolen vehicles to conceal the origin of the stolen vehicles from law enforcement officers. Members of the enterprise shared the stolen vehicles and the contents from those stolen vehicles, including checks, personal identifying information and financial identifying information, to obtain money, services and products.

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6. At all times relevant to this Indictment, members of the enterprise, including but not limited to Tiffany Nicole Weaver, Levi Gregory Yazzie, and Lee Deon Ellis, unlawfully gained entry into motor vehicles and stole items from those trespassed vehicles, including consumer electronics, tools, checks, personal identifying information, and financial identifying information. Members of the enterprise, including but not limited to Harold Ernest Margeson, Tiffany Nicole Weaver, Levi Gregory Yazzie, Lee Deon Ellis, Marc Philip Falkenhan, Justin Dean Nelson, Scott Wayne Pernesky and Hope Esquibel used property stolen from those vehicles for personal use, to sell or barter for controlled substances, or to obtain money, services and products. 7. At all times relevant to this Indictment, members of the enterprise, including but not limited to Harold Ernest Margeson and Scott Wayne Pernesky, stole trailers from businesses and individuals in the State of Colorado. Stolen trailers were then altered to mask their origin, and then sold to unwitting buyers. Members of the enterprise, including but not limited to Harold Ernest Margeson and Scott Wayne Pernesky, altered the stolen trailers by removing or covering the vehicle identification numbers on the trailers. Scott Wayne Pernesky obtained homemade trailer assigned numbers from the State of Colorado’s Department of Revenue, Division of Motor Vehicles. Harold Ernest Margeson and Scott Wayne Pernesky then placed those assigned numbers on the stolen trailers prior to selling the trailers. Many of the alterations to stolen trailers took place at H.E.M. Enterprises located at 1535 Garland Street, Lakewood, Jefferson County, State of Colorado. 8. Among other uses, members of the enterprise used the stolen money and property to obtain precursor chemicals to manufacture methamphetamine. In March, 2010, methamphetamine was manufactured, stored and distributed at H.E.M. Enterprises. On or about November 29, 2007, H.E.M. Enterprises was formed as a limited liability company in the State of Colorado by Harold Ernest Margeson III, also known as Harold Ernest Margeson. At all times relevant to this Indictment, Harold Ernest Margeson owned and operated H.E.M. Enterprises. 9. Among other uses, members of the enterprise used the stolen money and property to obtain controlled substances, including methamphetamine and heroin, from sources that included but were not limited to Harold Ernest Margeson, Justin Dean Nelson, Scott Wayne Pernesky, Richard Platt, Dylan Verley, Levi Gregory Yazzie, and other sources unknown to the Grand Jury. 10. Members of the enterprise shared money, stolen property, stolen personal and financial identifying information, stolen checks, stolen financial transaction devices, controlled substances, stolen automobiles, transportation, food, clothing, and living quarters to accomplish the enterprise’s goals. 11. As to Predicate Act 104, on or about January 25, 2010, Tiffany Nicole Weaver unlawfully exercised control over the motor vehicle of Molly Peterson, and the value of the vehicle was more than $20,000.00. Tiffany Nicole Weaver was charged for that offense and entered a guilty plea on September 30, 2010 to one count of Aggravated Motor Vehicle Theft In The Second Degree, C.R.S. 18-4-409(4)(a), a class five felony, in Denver District Court case number 2010CR01164.

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COUNT SEVEN MANUFACTURING A CONTROLLED SUBSTANCE - SCHEDULE II, C.R.S. 18-18-405(1),(2)(a)(I)(A), (F3) <82031> On or about March 6, 2010, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON unlawfully, feloniously, and knowingly manufactured METHAMPHETAMINE, a schedule II controlled substance; in violation of section 18-18-405(1),(2)(a)(I)(A), C.R.S.

COUNT EIGHT POSSESSION OF PRECURSOR FOR METHAMPHETAMINE OR AMPHETAMINE, C.R.S. 18-18-412.5, (F3) <33501> On or about March 6, 2010, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON unlawfully, feloniously, and knowingly possessed ephedrine, pseudoephedrine, phenylpropanolamine, or its salts, isomers, or salts of isomers with the intent to use it as an immediate precursor in the manufacture of any controlled substance; in violation of section 18-18-412.5, C.R.S.

COUNT NINE AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including November 16, 2009, and March 6, 2010, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of MICHAEL PENTELOW, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

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COUNT TEN THEFT, C.R.S. 18-4-401(1),(2)(c), (F4) <0801U> Between and including February 27, 2010, and March 6, 2010, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON and SCOTT WAYNE PERNESKY, unlawfully, feloniously, and knowingly obtained or exercised control over a thing of value, namely: 2003 TRAILER of JF DAVIS CONSTRUCTION, with the value of $1,000.00 dollars or more but less than $20,000.00 dollars, without authorization, or by threat or deception, and intended to deprive JF DAVIS CONSTRUCTION permanently of its use or benefit, or knowingly used, concealed, or abandoned the thing of value in such manner as to permanently deprive JF DAVIS CONSTRUCTION of its use or benefit, or knowingly used, concealed, or abandoned the thing of value intending that such use, concealment, or abandonment would deprive JF DAVIS CONSTRUCTION permanently of its use or benefit; in violation of section 18-4-401(1)(a)-(c),(2)(c), C.R.S.

The facts supporting Counts 7 through 10 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On March 6, 2010, Harold Ernest Margeson, also known as Harold Ernest Margeson III, was the sole owner and registered agent for H.E.M. Enterprises, a limited liability company formed in 2007 and registered with the Colorado Secretary of State’s Office. Harold Ernest Margeson leased property at 1535 Garland Street, City of Lakewood, Jefferson County, State of Colorado, from which he operated H.E. M. Enterprises. An illuminated sign above the front door read “H.E.M. Enterprises,” and another “H.E.M.” sign was affixed to the front door. 3. On March 6, 2010, Lakewood Police Officers and Detectives from the Metropolitan Auto Theft Task Force executed a search warrant at H.E.M. Enterprises on Garland Street. Officers recovered a stolen motor vehicle, a stolen trailer, and stolen property from criminally trespassed vehicles. Officers also discovered a partially disassembled clandestine methamphetamine laboratory that had been operating shortly before the search was conducted. 4. On November 16, 2009, Michael Pentelow left his 2002 Chevrolet Tahoe motor vehicle, valued at approximately $10,000.00, idling at the Circle K store located at 15291 E. Hampden Avenue in Aurora, Arapahoe County, Colorado. Levi Gregory Yazzie, Tiffany Nicole Weaver and Jordan Colaizzi, in association with each other and with the enterprise, parked next to Mr. Pentelow’s Tahoe. Levi Gregory Yazzie stole Mr. Pentelow’s Tahoe, and Weaver and Colaizzi followed. Levi Gregory Yazzie and Tiffany Nicole Weaver used that Tahoe, and eventually sold, bartered or gave Mr. Pentelow’s Tahoe to Harold Ernest Margeson. Harold Ernest Margeson removed parts from that Tahoe for personal use. Mr. Pentelow’s Tahoe was recovered at H.E.M. Enterprises, 1535 Garland Street, Lakewood, Colorado, on March 6, 2010. Mr. Pentelow’s Tahoe had California license plate number 4HZC814 affixed to the front bumper. That license plate had been taken from a car owned by Ione Hartley when that vehicle was located at 6515 East Union Avenue, City and County of Denver, State of Colorado.

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5. A second California license plate number 4HZC814 was found on March 5, 2010, affixed to the rear bumper of another stolen vehicle that Denver Police recovered, as noted in the facts supporting Count 19. 6. On or about February 27, 2010, JF Davis Construction’s 2003 trailer, valued at approximately $3,000.00, was stolen by Scott Wayne Pernesky, in association with the enterprise, from a parking lot at 10880 West Alameda Avenue, Lakewood, Jefferson County, Colorado. That trailer was recovered during the execution of the search warrant on March 6, 2010 at H.E.M. Enterprises. 7. Between February 1, 2010 and February 27, 2010, Joe Jeffers’ 1999 Dodge Dakota motor vehicle was broken into on two different occasions while it was located at 6515 East Union Avenue, City and County of Denver, State of Colorado. $650.00 worth of items was stolen, as well as the license plate assigned to that vehicle. A Global Positioning System (GPS) that had been stolen from Mr. Jeffers’ Dakota was recovered from a white Chevrolet Yukon that Harold Ernest Margeson drove to H.E. M. Enterprise on March 6, 2010. 8. A backpack that had been stolen from Mr. Jeffers’ Dakota was recovered from another stolen motor vehicle on February 27, 2010, as noted in the facts supporting Counts 20 through 26. 9. On March 6, 2010, a partially dismantled clandestine pseudoephedrine reduction method laboratory, used to manufacture methamphetamine, was discovered in a portion of 1535 Garland Street, Lakewood, Colorado, that was under the possession and control of Harold Ernest Margeson. Agents from the West Metro Drug Task Force dismantled and preserved the laboratory. Methamphetamine residue was discovered in glassware from the laboratory, as well as precursor chemicals, including but not limited to pseudoephedrine, methyl alcohol, iodine tincture, potassium iodide, Coleman fuel, and sodium hydroxide. 10. On or about March 6, 2010, .09 grams of methamphetamine was recovered in a plastic baggie from Harold Ernest Margeson’s wallet in the white Chevrolet Yukon that Harold Ernest Margeson drove to H.E.M. Enterprises.

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COUNT ELEVEN AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including November 29, 2009, and March 6, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and MARC PHILIP FALKENHAN, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of BRIAN WEAVER, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

COUNT TWELVE FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about December 13, 2009, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, unlawfully, feloniously, and knowingly entered the motor vehicle of DREW HINTZE with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT THIRTEEN SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> On or about February 6, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of 4550 CHERRY CREEK LUXURY APARTMENTS located at 4550 CHERRY CREEK DRIVE SOUTH with the intent to commit therein the crime of FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE; in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT FOURTEEN

FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about February 6, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, unlawfully, feloniously, and knowingly entered the motor vehicle of JOSHUA SEINFELD with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

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The facts supporting Counts 11 through 14 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On November 29, 2009, Brian Weaver’s 2007 Ford F-150 pick-up truck, valued at approximately $12,000.00 and bearing Colorado license plate number 824PKT, was stolen from the street at 5690 West 80th Place, in the City of Arvada, Jefferson County, State of Colorado. 3. On March 6, 2010, Lakewood Police Agent Ryan Carmichael witnessed a traffic altercation between Tiffany Nicole Weaver and Marc Philip Falkenhan. Tiffany Nicole Weaver (no relation to the victim, Brian Weaver) was driving Brian Weaver’s stolen F-150 and Marc Philip Falkenhan was driving a stolen Toyota Tundra, as noted in the facts supporting Counts 15 through 17. 4. Tiffany Nicole Weaver was arrested by Lakewood Police agents in Brian Weaver’s stolen F-150. The stolen F-150 had a purported Colorado temporary license plate number 518855H affixed to the back window, and the properly registered license plates were not attached to the F-150. That same purported Colorado temporary license plate number was recovered in two other stolen vehicles, as noted in the facts supporting Counts 15 through 17 and Count 27. The F-150 was filled with property, including personal property of Tiffany Nicole Weaver, Marc Philip Falkenhan, and property stolen from other victims, including but not limited to Drew Hintze, Dr. Joshua Seinfeld and Dr. Nicholas Nonas. 5. On or about December 13, 2009, Drew Hintze’s vehicle was broken into at 10 Emerson Street, City and County of Denver, State of Colorado. $929.00 worth of personal property was stolen, including a University identification card. That identification card was recovered on March 6, 2010, from Brian Weaver’s stolen F-150. 6. On or about February 6, 2010, Dr. Joshua Seinfeld’s 2003 Jeep Wrangler was broken into at 4550 Cherry Creek Drive South, Glendale, Arapahoe County, Colorado. $555.00 worth of personal property was stolen, as well as Dr. Seinfeld’s identification cards for various hospitals. Several of those stolen identification cards were recovered from the stolen F-150 on March 6, 2010. At the time that the vehicle was broken into and the property stolen from it, Dr. Seinfeld’s Jeep was parked in a secured, private garage attached to his residence at the 4550 Cherry Creek Luxury Apartments located at 4550 Cherry Creek Drive South, in the City and County of Denver, State of Colorado. 7. On or about February 19, 2010, Dr. Nicholas Nonas’ 2003 gold Ford Expedition, valued at approximately $9,200.00, was stolen from the public parking garage at 401 West Hampden Place, Englewood, Arapahoe County, Colorado. More than $5,000.00 worth of personal property was stolen along with the Expedition, including a blood pressure monitor, Dr. Nonas’ hospital identification cards, and a prescription pad. Some of the identification cards, the blood pressure monitor, and the prescription pad were recovered from Brian Weaver’s stolen F-150. Dr. Nonas’ Expedition was recovered on March 10, 2010, as noted in the facts supporting Counts 28 and 29.

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8. On March 6, 2010, Tiffany Nicole Weaver was advised of her rights, waived those rights, and gave an interview to police officers. During the course of that interview, among other statements, Tiffany Nicole Weaver described a group of individuals, associated in fact, though not a legal enterprise, that made their living by stealing, bartering, selling, using and trading motor vehicles and property from motor vehicle trespasses. 9. During that same interview, Weaver directed officers to a maroon Hyundai that she stated she stole on March 3, 2010, from Enterprise Leasing located at 8061 South Broadway, Englewood, Arapahoe County, Colorado. Ms. Weaver stated that she and Lee Deon Ellis were unlawfully entering cars on the Enterprise Leasing lot and found keys to the Hyundai. Weaver and Ellis stole and used that Hyundai, then parked it at the Highline Circle Apartments on East Highline Circle. Keys that Weaver had in her possession on March 6, 2010, operated that car. The stolen Hyundai had a purported Colorado temporary license plate number 673372H taped to the back window. A valid license plate, 496UDY, taken from a stolen Toyota Tundra as noted in the facts supporting Counts 15 through 17, was concealed in a seat pocket in that Hyundai. The Hyundai was valued at approximately $23,085.00. Enterprise Leasing declined to file a criminal complaint for the theft of that motor vehicle.

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COUNT FIFTEEN SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> On or about March 2, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, LEE DEON ELLIS and MARC PHILIP FALKENHAN unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of CIELO APARTMENTS located at 6715 EAST UNION AVENUE, with the intent to commit therein the crime of AGGRAVATED MOTOR VEHICLE THEFT; in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT SIXTEEN

AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(b), (F3) <0804B> Between and including March 2, 2010, and March 6, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, LEE DEON ELLIS and MARC PHILIP FALKENHAN, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of MEGAN FIX, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was more than twenty thousand dollars; in violation of section 18-4-409(2),(3)(b), C.R.S.

COUNT SEVENTEEN AGGRAVATED MOTOR VEHICLE THEFT IN THE SECOND DEGREE, C.R.S. 18-4-409(4)(a), (F5) <0804D> On or about March 6, 2010, at and triable in the City and County of Denver, State of Colorado, MARC PHILIP FALKENHAN unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of ROBERT NICKERSON, without authorization or by threat or deception, and the value of the motor vehicle was twenty thousand dollars or more; in violation of section 18-4-409(4)(a), C.R.S. The facts supporting Counts 15 through 17 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference.

2. On or about March 2, 2010, Megan Fix’s 2009 Toyota Tundra pick-up truck, valued at approximately $40,000.00 and bearing Colorado license plate number 496UDY, was stolen from a secure, private garage attached to Fix’s residence at the Cielo Apartments located at 6715 East Union Avenue, City and County of Denver, State of Colorado.

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3. On March 6, 2010, Lakewood Police Agent Ryan Carmichael witnessed a traffic altercation between Tiffany Nicole Weaver and Marc Philip Falkenhan. Tiffany Nicole Weaver was driving Brian Weaver’s stolen F-150 pick-up truck, as noted in the facts supporting Counts 11 through 14, and Marc Philip Falkenhan was driving Ms. Fix’s stolen Toyota Tundra. Following the traffic altercation, Lakewood Police agents arrested Tiffany Nicole Weaver in the stolen F-150 but lost sight of the stolen Toyota Tundra that Falkenhan was driving. Weaver identified Falkenhan as the driver of the Tundra and directed officers to 5825 West Ellsworth Avenue, Lakewood, Jefferson County, Colorado. 4. On March 6, 2010, Lakewood Police agents went to Robert Nickerson’s residence at 5825 West Ellsworth Avenue, Lakewood, Jefferson County, Colorado, to try to locate Ms. Fix’s stolen Tundra and Marc Philip Falkenhan. Agents contacted Mr. Falkenhan as he was driving Robert Nickerson’s PT Cruiser motor vehicle into the driveway of that address. Robert Nickerson reported that Marc Philip Falkenhan had stolen that PT Cruiser, valued at approximately $10,465.00, earlier in the day. The keys to Ms. Fix’s stolen Tundra were found under the driver’s seat of the PT Cruiser. 5. After Marc Philip Falkenhan was advised of his rights and waived those rights, he told police officers where to find Ms. Fix’s stolen Tundra. Officers located the stolen Tundra in the 5200 block of West 2nd Avenue, Lakewood, Jefferson County, Colorado. The front passenger window, valued at more than $500.00, was broken out. The stolen Tundra had a purported Colorado temporary license plate number 518855H affixed to the back window, and the properly registered license plates were not attached to the Tundra. That same purported Colorado temporary license was recovered in two other stolen vehicles, as noted in the facts supporting Counts 11 through 14 and Count 27. One of the properly issued license plates for the Tundra was recovered from a stolen Hyundai, as noted in the facts supporting Counts 11 through 14.

6. During her interview with police officers, previously noted in the facts supporting Counts 11 through 14, Tiffany Nicole Weaver identified Lee Deon Ellis, Marc Philip Falkenhan and herself as the people who stole Megan Fix’s Tundra from 6715 East Union Avenue in Denver, Colorado.

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COUNT EIGHTEEN AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including December 7, 2009, and March 3, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of ARTHUR BOGGESS, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

The facts supporting Count 18 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about December 7, 2009, Arthur Boggess’ 2005 Mini Cooper, valued at approximately $16,675.00, was stolen from in front of his residence at 1726 W. 33rd Avenue, City and County of Denver, State of Colorado. That motor vehicle was recovered by Denver Police officers at 22nd Avenue and King Street in Denver, Colorado on March 3, 2010. Mr. Boggess’ Mini Cooper was missing Boggess’ ski equipment and other property when it was recovered. 3. During her March 6, 2010, interview with police officers previously noted in the facts supporting Counts 11 through 14, Tiffany Nicole Weaver told the officers about the theft and ransacking of Mr. Boggess’ Mini Cooper, its recovery on King Street, and that she knew ski equipment was missing. Tiffany Nicole Weaver identified Levi Gregory Yazzie, Dylan Verley, Jordan Colaizzi, and herself as the members of the enterprise who unlawfully used that car.

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COUNT NINETEEN AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including February 10, 2010, and March 5, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of CARLA BARBER, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

The facts supporting Count 19 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference.

2. On or about February 10, 2010, Carla Barber’s 1995 green Ford Mustang convertible, valued at approximately $5,000.00 and bearing Colorado temporary plate number 699977H, was stolen from 3555 South Delaware Street, Englewood, Arapahoe County, Colorado. Ms. Barber’s Mustang was recovered by Denver Police officers on March 5, 2010, at 675 North Bryant in Denver, Colorado. The Mustang had California license plate number 4HZC814 affixed to the rear bumper when it was recovered. That license plate was the same as the plate affixed to Michael Pentelow’s stolen Chevrolet Tahoe recovered at 1535 Garland Street on March 6, 2010, as noted in the facts supporting Counts 7 through 10. That license plate had been stolen from a vehicle owned by Ione Hartley. The ignition was “punched” and severely damaged, and the radio had been forcibly removed from the Mustang after it was stolen. 3. During her March 6, 2010, interview with police officers, previously noted in the facts supporting Counts 11 through 14, Tiffany Nicole Weaver confirmed that she, in association with other members of the enterprise, stole and used that Mustang.

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COUNT TWENTY SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> On or about January 2, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of JEREMIAH RIVERA located at 6464 WEST AMHERST AVENUE with the intent to commit therein the crime of AGGRAVATED MOTOR VEHICLE THEFT; in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT TWENTY-ONE AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including January 2, 2010, and February 27, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of JEREMIAH RIVERA, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

COUNT TWENTY-TWO

SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> Between and including February 6, 2010, and February 27, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of 6515 UNION APARTMENTS located at 6515 EAST UNION AVENUE with the intent to commit therein the crime of FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE; in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT TWENTY-THREE

FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about February 6, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly entered the motor vehicle of MICHAEL SABBOTA with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

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COUNT TWENTY-FOUR FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about February 6, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly entered the motor vehicle of CATHERINE GIBBS with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT TWENTY-FIVE

FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> Between and including February 6, 2010, and February 27, 2010, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly entered the motor vehicle of JOE JEFFERS with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT TWENTY-SIX

FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about February 15, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly entered the motor vehicle of LEILA SANDERS with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

The facts supporting Counts 20 through 26 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about January 2, 2010, Jeremiah Rivera’s 2002 GMC Yukon, valued at approximately $11,500.00, was stolen from the garage attached to Mr. Rivera’s residence at 6464 West Amherst Avenue, City and County of Denver, State of Colorado. Metropolitan Auto Theft Task Force detectives recovered that vehicle on or about February 27, 2010 in the 11100 block of West 17th Avenue in Lakewood, Jefferson County, Colorado. The vehicle was occupied by a pit bull dog that was owned by Levi Gregory Yazzie and Tiffany Nicole Weaver. After the car was recovered by police officers, Levi Gregory Yazzie called Arvada Police Detective William Johnson and asked for the return of the dog. When Mr. Rivera’s stolen vehicle was searched, items stolen from several other victims, including but not limited to Michael Sabbota, Catherine Gibbs, Joe Jeffers, and Leila Sanders, were found in the vehicle.

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3. During her March 6, 2010, interview with police officers, previously noted in the facts supporting Counts 11 through 14, Tiffany Nicole Weaver confirmed that members of the enterprise had stolen and used Mr. Rivera’s vehicle. Tiffany Nicole Weaver identified Levi Gregory Yazzie, Michael Mule, and herself as the members of the enterprise who unlawfully used that vehicle. 4. On or about February 6, 2010, Mike Sabbota’s 2009 VW Passat was broken into while parked in the secure, private garage attached to Sabbota’s residence at the 6515 Union Apartments located at 6515 East Union Avenue, City and County of Denver, State of Colorado. $25.00 worth of personal paperwork and personal items were stolen. Some of that stolen paperwork was recovered from Mr. Rivera’s stolen vehicle on or about February 27, 2010. 5. On or about February 6, 2010, Catherine Gibbs’ 2003 Toyota 4Runner was broken into while parked in the secure, private garage attached to Gibbs’s residence at the 6515 Union Apartments located at 6515 East Union Avenue, City and County of Denver, State of Colorado. $25.00 worth of personal paperwork and personal items were stolen. Some of that stolen paperwork was recovered from Mr. Rivera’s stolen vehicle on or about February 27, 2010, including Gibbs’ Lutheran Hospital employee identification card with Ms. Gibbs’ information and photo. 6. Between and including February 6, 2010, and February 27, 2010, Joe Jeffers’ 1999 Dodge Dakota was broken into while parked in the secure, private garage attached to Jeffers’ residence at the 6515 Union Apartments located at 6515 East Union Avenue, City and County of Denver, State of Colorado. $650.00 worth of items were stolen. A backpack that had been stolen from the Dakota was recovered from Mr. Rivera’s stolen vehicle on February 27, 2010. Mr. Jeffers’ stolen GPS was recovered from Harold Ernest Margeson’s personal vehicle on March 6, 2010, as noted in the facts supporting Counts 7 through 10. 7. On or about February 15, 2010, Leila Sander’s 2006 Saab was broken into at the 24 Hour Fitness located at 1675 South Birch Street, City and County of Denver, State of Colorado. $145.00 worth of property was stolen. Sander’s 24 Hour Fitness card was recovered from Mr. Rivera’s stolen vehicle on or about February 27, 2010. 8. Between January 4, 2010 and February 27, 2010, Ryan Kipp’s Colorado license plate number 175SYV was stolen from his 2007 GMC Yukon. The vehicle was parked at 1850 Bassett Street in Denver, Colorado. That plate was recovered from Mr. Rivera’s stolen vehicle on February 27, 2010. Two parking tickets from the City of Denver were issued to that plate after it was stolen and before it was recovered. 9. On or about February 1, 2010, Colorado dealer plate number 598GXA was stolen from MGM Autos located at 890 South Havana Street, Aurora, Arapahoe County, Colorado. On February 9, 2010, at approximately 8:15 a.m., Arapahoe County Sheriff’s deputies tried to stop a maroon Nissan Armada at 6700 South Yosemite Street that had that stolen plate affixed to it. That vehicle fled and the deputies did not pursue. That plate was recovered from Mr. Rivera’s stolen vehicle on February 27, 2010.

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COUNT TWENTY-SEVEN AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including February 27, 2010, and March 4, 2010, at and triable in the City and County of Denver, State of Colorado, JUSTIN DEAN NELSON unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of SANDRA RUIZ, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

The facts supporting Count 27 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On February 27, 2010 at 8:25 a.m., Sandra Ruiz’s 2000 Land Rover Discovery, valued at approximately $10,000.00 and bearing Colorado license plate number 711MNM, was stolen by enterprise members from her residence at 5817 South Pearl Street in Centennial, Arapahoe County, Colorado. 3. On March 4, 2010, Justin Dean Nelson was arrested with that vehicle in the parking lot of King Soopers located at 12043 West Alameda Drive, Lakewood, Jefferson County, Colorado. That vehicle had purported Colorado temporary license plate number 518855H taped to it. That purported temporary license plate was also affixed to Brian Weaver’s stolen F-150 and Megan Fix’s stolen Tundra on March 6, 2010, as noted in the facts supporting Counts 11 through 14 and Counts 15 through 17. 4. On March 12, 2010, license plate number 711MNM for Ms. Ruiz’s Land Rover was recovered from Justin Dean Nelson’s residence at 760 Miller Court #A, Lakewood, Jefferson County, Colorado. Heroin residue on a burnt spoon was also discovered at that residence on that date.

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COUNT TWENTY-EIGHT AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including February 19, 2010, and March 10, 2010, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON, TIFFANY NICOLE WEAVER, and SCOTT WAYNE PERNESKY unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of NICHOLAS NONAS, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

COUNT TWENTY-NINE

THEFT, C.R.S. 18-4-401(1),(2)(c), (F4) <0801U> Between and including March 8, 2010, and March 10, 2010, at and triable in the City and County of Denver, State of Colorado, SCOTT WAYNE PERNESKY, unlawfully, feloniously, and knowingly obtained or exercised control over a thing of value, namely: 2008 LOAD TRAIL DUMP TRAILER of PARKSIDE LANDSCAPING, with the value of $1,000.00 dollars or more but less than $20,000.00 dollars, without authorization, or by threat or deception, and intended to deprive PARKSIDE LANDSCAPING permanently of its use or benefit, or knowingly used, concealed, or abandoned the thing of value in such manner as to permanently deprive PARKSIDE LANDSCAPING of its use or benefit, or knowingly used, concealed, or abandoned the thing of value intending that such use, concealment, or abandonment would deprive PARKSIDE LANDSCAPING permanently of its use or benefit; in violation of section 18-4-401(1)(a)-(c), (2)(c), C.R.S.

The facts supporting Counts 28 and 29 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about February 19, 2010, Dr. Nicholas Nonas’ 2003 gold Ford Expedition motor vehicle, valued at approximately $9,200.00 and bearing Colorado license plate number 145JGA, was stolen from the public parking garage at 401 West Hampden Place, Englewood, Arapahoe County. More than $5,000.00 worth of personal property was stolen along with the Expedition, including a blood pressure monitor, Dr. Nonas’ hospital identification cards, and a prescription pad. The hospital identification cards, blood pressure monitor and prescription pad were recovered from Brian Weaver’s stolen F-150 on March 6, 2010, as noted in the facts supporting Counts 11 through 14. 3. A credit card stolen with the vehicle was used to make purchases on or about March 7, 2010, at giftcards.com for $259.95, at Micro Center online for $1,098.57, at Kohls.com for $200.00, and at Walmart.com for $120.62. All transactions but that at Walmart.com were

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ultimately refused by the merchants when informed the credit card was stolen. Walmart.com reportedly shipped the ordered merchandise to the address provided on the order, but refused to provide any further information to law enforcement. The IP (Internet Protocol) address used to make the orders was tracked to the Ramada-Continental Motel located at 2601 Zuni Street, City and County of Denver, Colorado. That IP address listed to the guest computer in the lobby, with no way to track the user. 4. Dr. Nonas’ stolen Expedition was recovered on or about March 10, 2010, by Lakewood Police officers in the 10700 block of West 7th Avenue. The Expedition had purported Colorado temporary license number 312174G affixed to it. 5. Dr. Nonas’ stolen vehicle also contained several Colorado state-issued trailer titles, registrations, and Assigned Identification Number plates in the name of Scott Pernesky. 6. At the same time and place, officers also recovered a 2008 Load Trail dump trailer valued at approximately $6,550.00 that had been stolen from a locked, fenced area at Parkside Landscaping located at 2305 South Syracuse Street in Arapahoe County, Colorado. That trailer had been stolen between and including March 8, 2010, and March 10, 2010. 7. On April 22, 2010, Scott Wayne Pernesky was advised of his rights, waived those rights, and gave an interview to police officers. During the course of that interview, among other statements, Scott Wayne Pernesky stated that he had traded Harold Ernest Margeson some methamphetamine in exchange for the use of Dr. Nonas’ gold 2003 Expedition. Mr. Pernesky also stated that he used that Expedition to steal the dump trailer from Parkside Landscaping. 8. During that same interview, Mr. Pernesky stated that Dylan Verley and another male named “Dustan” had set up and operated the methamphetamine lab found in Harold Ernest Margeson’s business, H.E.M. Enterprises, on March 6, 2010, at 1535 Garland Street, Lakewood, Jefferson County, Colorado. Mr. Pernesky stated the lab was set up and in use a couple of days before the building was searched by police.

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COUNT THIRTY SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> On or about December 20, 2009, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE PRESIDIO APARTMENT HOMES located at 4380 SOUTH MONACO STREET with the intent to commit therein the crime of AGGRAVATED MOTOR VEHICLE THEFT; in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT THIRTY-ONE AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including December 20, 2009, and March 11, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of TREVOR BURKE, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

The facts supporting Counts 30 and 31 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference.

2. On or about March 11, 2010, Tiffany Nicole Weaver was arrested in Denver, Colorado on another case not charged in this Indictment. Metropolitan Auto Theft Task Force detectives contacted her in Denver and advised Tiffany Nicole Weaver of her rights. Ms. Weaver waived those rights, and gave an interview to those detectives. During the course of that interview, among other statements, Tiffany Nicole Weaver told them about a blue Audi that she had stolen with Levi Gregory Yazzie. 3. On December 20, 2009, Trevor Burke’s 2000 A6 Audi, valued at approximately $8,275.00, was stolen from the private, secure parking garage attached to his residence at the Presidio Apartment Homes located at 4380 South Monaco Street in the City and County of Denver, State of Colorado. Weaver stated that she and Yazzie stole that vehicle. Levi Gregory Yazzie took that Audi to Primo’s Wheels at 4948 West Alameda in Denver, Colorado for repairs. On March 11, 2010, Denver Police officers recovered Trevor Burke’s Audi at Primo’s Wheels. Kiki Rodriquez, the owner of Primo’s Wheels, identified Levi Gregory Yazzie as the person who delivered that vehicle for repairs.

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COUNT THIRTY-TWO AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including January 17, 2010, and March 16, 2010, at and triable in the City and County of Denver, State of Colorado, TARA LYNN MASSEY unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of HECTOR CORTEZ-DOMINGUEZ, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.


2. During the course of the investigation into the group of individuals that were involved in stealing and trespassing motor vehicles in the Denver metropolitan area, Tara Lynn Massey had been identified as a member of that group. On March 16, 2010, Ms. Massey was in custody in the Arapahoe County, Colorado, jail, on another case not charged in this Indictment. Metropolitan Auto Theft Task Force detectives contacted her and advised Tara Lynn Massey of her rights. Ms. Massey waived those rights, and gave an interview to those detectives. During the course of that interview, among other statements, Tara Lynn Massey told them about a stolen red Jeep Grand Cherokee that she had used in association with the enterprise. Ms. Massey told the detectives where to recover that stolen Jeep on South Quebec Street in Denver, Colorado. 3. On January 17, 2010, Hector Cortez-Dominguez’s red 2006 Jeep Grand Cherokee, valued at approximately $18,735.00 and bearing Colorado license plate number 132BAS, was stolen from his residence at 7905 West Mansfield Parkway, Lakewood, Jefferson County, Colorado. Mr. Cortez-Dominguez saw two females get into his unlocked, idling Jeep and drive away. The license plates from Mr. Cortez-Dominguez’s Jeep were recovered on February 22, 2010 by Glendale Police officers on a stolen gold GMC Envoy. On March 16, 2010, Ms. Massey told detectives where to find Mr. Cortez-Dominguez’s Jeep. That Jeep was recovered at 2450 South Quebec Street, Denver, Colorado, with Colorado license plate number OCP83J attached. That license plate number was not registered with the Colorado Department of Motor Vehicles.

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COUNT THIRTY-THREE THEFT, C.R.S. 18-4-401(1),(2)(c), (F4) <0801U> Between and including December 18, 2009, and March 17, 2010, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON and SCOTT WAYNE PERNESKY, unlawfully, feloniously, and knowingly obtained or exercised control over a thing of value, namely: 2007 C/B DUMP TRAILER of ARGUS CONTRACTING COMPANY with the value of $1,000.00 dollars or more but less than $20,000.00 dollars, without authorization, or by threat or deception, and intended to deprive ARGUS CONTRACTING COMPANY permanently of its use or benefit, or knowingly used, concealed, or abandoned the thing of value in such manner as to permanently deprive ARGUS CONTRACTING COMPANY of its use or benefit, or knowingly used, concealed, or abandoned the thing of value intending that such use, concealment, or abandonment would deprive ARGUS CONTRACTING COMPANY permanently of its use or benefit; in violation of section 18-4-401(1)(a)-(c), (2)(c), C.R.S.

COUNT THIRTY-FOUR

THEFT, C.R.S. 18-4-401(1),(2)(c), (F4) <0801U> Between and including January 15, 2010, and March 17, 2010, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON and SCOTT WAYNE PERNESKY, unlawfully, feloniously, and knowingly obtained or exercised control over a thing of value, namely: 2010 LOAD KING DUMP TRAILER of T. HACKBARTH ROOFING COMPANY, with the value of $1,000.00 dollars or more but less than $20,000.00 dollars, without authorization, or by threat or deception, and intended to deprive T. HACKBARTH ROOFING COMPANY permanently of its use or benefit, or knowingly used, concealed, or abandoned the thing of value in such manner as to permanently deprive T. HACKBARTH ROOFING COMPANY of its use or benefit, or knowingly used, concealed, or abandoned the thing of value intending that such use, concealment, or abandonment would deprive T. HACKBARTH ROOFING COMPANY permanently of its use or benefit; in violation of section 18-4-401(1)(a)-(c), (2)(c), C.R.S.

COUNT THIRTY-FIVE

THEFT, C.R.S. 18-4-401(1),(2)(c), (F4) <0801U> Between and including February 18, 2010, and March 17, 2010, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON and SCOTT WAYNE PERNESKY, unlawfully, feloniously, and knowingly obtained or exercised control over a thing of value, namely: 2010 LOAD KING DUMP TRAILER of RIGOBERTO ESCARENO, with the value of $1,000.00 dollars or more but less than $20,000.00 dollars, without authorization, or by threat or deception, and intended to deprive RIGOBERTO ESCARENO permanently of its use or benefit, or knowingly used, concealed, or abandoned the thing of value in such manner as to permanently deprive RIGOBERTO ESCARENO of its use or benefit, or knowingly used, concealed, or abandoned the thing of value intending that such use, concealment, or abandonment would deprive RIGOBERTO ESCARENO permanently of its use or benefit; in violation of section 18-4-401(1)(a)-(c), (2)(c), C.R.S.

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COUNT THIRTY-SIX THEFT, C.R.S. 18-4-401(1),(2)(c), (F4) <0801U> Between and including February 26, 2010, and March 12, 2010, at and triable in the City and County of Denver, State of Colorado, HAROLD ERNEST MARGESON and SCOTT WAYNE PERNESKY, unlawfully, feloniously, and knowingly obtained or exercised control over a thing of value, namely: DIAMOND C DUMP TRAILER of STRYAN STRUCTURAL SYSTEMS, with the value of $1,000.00 dollars or more but less than $20,000.00 dollars, without authorization, or by threat or deception, and intended to deprive STRYAN STRUCTURAL SYSTEMS permanently of its use or benefit, or knowingly used, concealed, or abandoned the thing of value in such manner as to permanently deprive STRYAN STRUCTURAL SYSTEMS of its use or benefit, or knowingly used, concealed, or abandoned the thing of value intending that such use, concealment, or abandonment would deprive STRYAN STRUCTURAL SYSTEMS permanently of its use or benefit; in violation of section 18-4-401(1)(a)-(c), (2)(c), C.R.S.

The facts supporting Counts 33 through 36 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about December 18, 2009, Argus Contracting Company’s 2007 C/B Dump Trailer valued at approximately $5,000.00 was stolen from 8141 I-70 Frontage Road, Arvada, Jefferson County. After December 18, 2009 and before January 2, 2010, Raymond Trujillo purchased this trailer from Harold Ernest Margeson. The trailer’s vehicle identification number had been altered or removed. Mr. Trujillo then sold that trailer to Roy Lopez on or about January 2, 2010. Metropolitan Auto Theft Task Force detectives recovered this trailer from Mr. Lopez on March 17, 2010. 3. Between January 15, 2010, and January 18, 2010, T. Hackbarth Roofing Company’s 2010 Load King Dump Trailer, valued at approximately $7,000.00, was stolen from 1233 Miller Street, Lakewood, Jefferson County, Colorado. Raymond Trujillo purchased this trailer from Harold Ernest Margeson and Scott Wayne Pernesky sometime between January and February, 2010. On March 17, 2010, Mr. Trujillo turned this trailer over to Metropolitan Auto Theft Task Force detectives. 4. On or about February 18, 2010, Rigoberto Escareno’s 2010 Load King Dump Trailer, valued at approximately $6,580.00, was stolen from 9008 Vance Street, Westminster, Jefferson County. Raymond Trujillo purchased this trailer from Harold Ernest Margeson and Scott Wayne Pernesky sometime between January and February, 2010. On March 17, 2010, Mr. Trujillo turned this trailer over to Metropolitan Auto Theft Task Force detectives. 5. On or about February 26, 2010, Stryan Structural System’s Diamond C Dump Trailer, valued at approximately $4,800.00, was stolen from 1360 South Wadsworth Boulevard, Lakewood, Jefferson County, Colorado. On March 12, 2010, Raymond Trujillo was in the

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process of selling this trailer to Dean Edwards, but could not produce proper paperwork for it. Edwards called the Arvada Police Department. Mr. Trujillo told Arvada Officer McCloskey that he (Trujillo) had recently purchased the trailer from “Harold” and Harold’s partner “Scott Varley,” and that he was trying to get the paperwork from Harold. “Harold” and “Scott Varley” were subsequently identified as Harold Ernest Margeson and Scott Wayne Pernesky. 6. On or about April 22, 2010, Scott Wayne Pernesky was arrested in Lakewood, Colorado, for offenses in Counts 38 and 39 of this Indictment. Mr. Pernesky was advised of his rights. Mr. Pernesky waived those rights, and gave an interview to those detectives. During the course of that interview, among other statements, Scott Wayne Pernesky told officers that he stole trailers with and for Harold Ernest Margeson throughout the Denver metropolitan area. Mr. Pernesky described how the trailers were stolen, altered at H.E.M. Enterprises on Garland Street, and then sold to unwitting customers. Mr. Pernesky identified the trailers noted in this Indictment, including but not limited to those charged in Counts 33 through 36, J.F. Davis Construction’s trailer recovered at 1535 Garland Street on March 6, 2010 as charged in Count 10 of this Indictment, and Parkside Landscaping’s trailer recovered on March 10, 2010 as charged in Count 29 of this Indictment, as trailers that he stole in association with Mr. Margeson and the enterprise.

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COUNT THIRTY-SEVEN AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including March 3, 2010, and April 1, 2010, at and triable in the City and County of Denver, State of Colorado, MARC PHILIP FALKENHAN unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of MOLLY RUDNICK AND DAVID RUDNICK, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.


2. On or about March 3, 2010, Molly and David Rudnick’s green 2003 Chevy Tahoe, valued at approximately $12,000.00 and bearing Colorado license plate number 190OSK, was stolen from their residence at 2504 South Garfield Street, City and County of Denver, State of Colorado. On March 6, 2010, a Garmin GPS and gloves that were in the Rudnicks’ Tahoe when it was stolen, were recovered by Lakewood Police Department Officer Kimmey from Kelly Wafer at 5825 West Ellsworth Avenue during the events noted in the facts supporting Counts 11 through 17. Kelly Wafer stated that Marc Philip Falkenhan gave the gloves and GPS to her. 3. A check stolen from that vehicle was forged and passed on or about March 6, 2010, at the Home Depot located at 500 South Santa Fe Drive, City and County of Denver, Colorado. Home Depot loss prevention personnel were uncooperative and refused to provide information on the transaction to law enforcement. 4. On or about April 1, 2010, the Rudnicks’ vehicle was recovered in the 1400 Block of Wazee Street, Denver, Colorado.

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COUNT THIRTY-EIGHT SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> On or about April 22, 2010, at and triable in the City and County of Denver, State of Colorado, SCOTT WAYNE PERNESKY unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of LORIE HARRELL located at 8938 WEST BRANDT DRIVE, with the intent to commit therein the crime of AGGRAVATED MOTOR VEHICLE THEFT; in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT THIRTY-NINE

AGGRAVATED MOTOR VEHICLE THEFT IN THE SECOND DEGREE - $20,000 OR MORE, C.R.S. 18-4-409(4)(a), (F5) <0804D> On or about April 22, 2010, at and triable in the City and County of Denver, State of Colorado, SCOTT WAYNE PERNESKY unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of LORIE HARRELL, without authorization or by threat or deception, and the value of the motor vehicle was twenty thousand dollars or more; in violation of section 18-4-409(4)(a), C.R.S. The facts supporting Counts 38 and 39 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference.

2. On April 22, 2010, Scott Wayne Pernesky, in association with the enterprise, stole Lorie Harrell’s white 2010 Ford Expedition, valued at approximately $47,395.00, from inside the attached garage at her residence at 8938 West Brandt Drive, Jefferson County, Colorado. 3. Scott Wayne Pernesky was caught later that same day with Ms. Harrell’s stolen Expedition at Harold Ernest Margeson’s residence located at 10736 West 7th Avenue, Lakewood, Jefferson County, Colorado. 4. Scott Wayne Pernesky was advised of his rights by police detectives. Mr. Pernesky waived those rights and admitted that he stole Ms. Harrell’s Expedition, and intended to use it to steal trailers.

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COUNT FORTY AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including May 21, 2010, and May 26, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of SEAN ROMERO, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S. The facts supporting Count 40 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about May 21, 2010, Sean Romero’s silver 2001 Audi station wagon, valued at approximately $13,000.00 and bearing Colorado license plate number 095OEO, was stolen from 4850 Leetsdale Drive, Glendale, Arapahoe County, Colorado. On May 26, 2010, Mr. Romero received an anonymous call from a female, later identified as Tiffany Nicole Weaver, directing him to 13th Avenue and Grant Street in Denver, Colorado to retrieve his car. Mr. Romero recovered the car, but the original plate was missing, and Minnesota plate number TDZ850, was affixed to his vehicle. Tiffany Nicole Weaver’s fingerprint was found in the car by law enforcement technicians.

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COUNT FORTY-ONE AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including June 20, 2010, and July 15, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of PATRICK CURRAN, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S. The facts supporting Count 41 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about June 20, 2010, Patrick Curran’s 2003 Suburban, valued at approximately $8,000.00 and bearing New Hampshire license plate number 2788388, was stolen from 2200 South University Boulevard, City and County of Denver, State of Colorado. Between June 20, 2010, and July 15, 2010, Levi Gregory Yazzie and Tiffany Nicole Weaver sold Curran’s stolen Suburban to Richard Platt for approximately $200.00 to $400.00 in cash. On July 15, 2010, Richard Platt sold Curran’s stolen Suburban to undercover Metropolitan Auto Theft Task Force detectives. Richard Platt told the detectives that the stolen Suburban came from “Levi,” subsequently identified as Levi Gregory Yazzie.

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COUNT FORTY-TWO SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> Between and including July 30, 2010, and August 9, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of PENTERRA PLAZA CONDOMINIUMS located at 8100 EAST UNION AVENUE with the intent to commit therein the crimes of AGGRAVATED MOTOR VEHICLE THEFT and FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE; in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT FORTY-THREE AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including July 30, 2010, and October 2, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of SAMUEL WING, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

COUNT FORTY-FOUR AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including August 9, 2010, and August 30, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of TARA KING, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

COUNT FORTY-FIVE

CONTRIBUTING TO THE DELINQUENCY OF A MINOR, C.R.S. 18-6-701, (F4) <18051> On or about August 9, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully and feloniously induced, aided, or encouraged HOPE ESQUIBEL, a child, to violate any state law namely: FORGERY; in violation of section 18-6-701, C.R.S.

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COUNT FORTY-SIX FORGERY, C.R.S. 18-5-102(1)(c), (F5) <1001C> On or about August 9, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, with the intent to defraud TARA KING and FIRST BANK, unlawfully, feloniously, and falsely made, completed, altered, or uttered a written instrument which was or which purported to be, or which was calculated to become or to represent if completed, CHECKS OF TARA KING, in violation of section 18-5-102(1)(c), C.R.S.

COUNT FORTY-SEVEN

FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 7, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly entered the motor vehicle of DANIEL MELAMETH with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

The facts supporting Counts 42 through 47 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about July 30, 2010, Samuel Wing’s 1996 Toyota Tacoma pick-up truck, valued at approximately $3,000.00, was stolen from the secured, private parking garage attached to Mr. Wing’s residence at Penterra Plaza Condominiums located at 8100 East Union Avenue, City and County of Denver, State of Colorado. On or about October 2, 2010, Tiffany Nicole Weaver was in custody at the Englewood, Colorado, Police Department. Metropolitan Auto Theft Task Force detectives advised Ms. Weaver of her rights. Ms. Weaver waived those rights and gave an interview to the detectives. Ms. Weaver, among other statements, reported that Levi Gregory Yazzie received Mr. Wing’s stolen Tacoma from other, unidentified enterprise members. Levi Gregory Yazzie and Tiffany Nicole Weaver used Mr. Wing’s stolen Tacoma between that time and October 2, 2010. Ms. Weaver told detectives they could recover Mr. Wing’s stolen Tacoma at 3650 South Pennsylvania Street, Englewood, Arapahoe County, Colorado. 3. On or about August 9, 2010, Levi Gregory Yazzie and Tiffany Nicole Weaver, in association with the enterprise, stole Tara King’s 2005 Lexus, valued at approximately $16,000.00 and bearing Colorado license plate number 409UAV, from the secured, private parking garage attached to Ms. King’s residence at Penterra Plaza Condominiums located at 8100 East Union Avenue, City and County of Denver, State of Colorado. Ms. King’s stolen Lexus was recovered by Denver Police officers on or about August 30, 2010, in the 300 block of Lafayette Street, Denver, Colorado. That vehicle contained items from many other victims, including but not limited to Ming Chau Sun, Daniel Melameth, Daniyom Bekele, Jaclyn Schaffner, Ini Kay Romanelli, Douglas Meier, Daniel Smith, Samuel Aguilar and Otis Elevator,

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Kathryn Keays, Christine Dolenski, Kelly Jeffries, Andrew Robbins, and Carl Knight. Ms. King’s stolen Lexus was processed for fingerprints, and Levi Gregory Yazzie’s prints were found on that vehicle. 4. On August 9, 2010, Levi Gregory Yazzie and Tiffany Weaver, in association with the enterprise, unlawfully induced Hope Esquibel to pass stolen and forged checks drawn on Tara King’s FirstBank account. Hope Esquibel was seventeen years old on that date. Hope Esquibel informed Denver Police Detective Rojas that, on August 9, 2010, she purchased methamphetamine from Levi Gregory Yazzie. Levi Gregory Yazzie then provided Hope Esquibel with two checks stolen from Tara King’s Lexus. Yazzie and Weaver, using Tara King’s stolen vehicle, took Hope Esquibel to two different FirstBank locations to cash those checks. Hope Esquibel cashed one check for approximately $400.000 at the FirstBank in the King Soopers store located at 4271 South Buckley Road in Aurora, Arapahoe County, Colorado. Hope Esquibel passed a second check at the FirstBank located at 2300 South Havana, Aurora, Arapahoe County, Colorado, but did not obtain any cash for that check. 5. Between June 6, 2010 and August 25, 2010, Chau Ming Sun’s license plate, 219RPR, was stolen from her Lexus sport utility vehicle, which was parked in the secured, private garage attached to Ms. Sun’s residence at 1920 South University Boulevard, City and County of Denver, State of Colorado. That license plate was affixed to Tara King’s stolen Lexus when it was recovered on August 30, 2010. 6. On or about August 7, 2010, Daniel Melameth’s 2003 Jeep Wrangler was broken into while parked in the secured, private parking garage attached to Mr. Melameth’s residence at 8100 East Union Avenue, City and County of Denver, State of Colorado. Compact discs, tickets, and other items worth approximately $302.00 were stolen. Some of that property was recovered from Tara King’s stolen Lexus.

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COUNT FORTY-EIGHT SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> Between and including August 8, 2010, and August 11, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of CANDELWYCK CONDOMINIUMS located at 7865 EAST MISSISSIPPI AVENUE, with the intent to commit therein the crime of AGGRAVATED MOTOR VEHICLE THEFT in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT FORTY-NINE AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including August 8, 2010, and September 15, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of CORIE DUCHATEAU, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

COUNT FIFTY AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including August 11, 2010, and August 21, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of HEDDA HOFFER, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S. The facts supporting Counts 48 through 50 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about August 8, 2010, members of the enterprise stole Corie Duchateau’s red 2000 Grand Am, valued at approximately $3,500.00, bearing Colorado license plate number 541UAB, from the secured, private parking garage attached to Ms. Duchateau’s residence at the Candelwyck Condominiums located at 7865 East Mississippi Avenue, City and County of

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Denver, Colorado. Levi Gregory Yazzie and Tiffany Nicole Weaver, in association with the enterprise, used that vehicle until August 29, 2010, when they abandoned it in the parking garage at Penterra Plaza Condominiums located at 8100 East Union Avenue, Denver, Colorado. Denver Police Detective Rojas recovered that car on September 15, 2010. 3. On or about August 11, 2010, Levi Gregory Yazzie and Tiffany Nicole Weaver, in association with the enterprise, stole Hedda Hoffer’s 2006 Honda Accord, valued at approximately $9,675.00, bearing Colorado license plate number A1F6113, from the secured, private parking garage attached to Ms. Hoffer’s residence at the Candelwyck Condominiums located at 7865 East Mississippi Avenue, City and County of Denver, Colorado. Ms. Hoffer’s stolen Honda Accord was recovered on August 21, 2010, at 1100 South Monroe Street, Denver, Colorado.

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COUNT FIFTY-ONE SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> Between and including July 23, 2010, and August 18, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE ASBURY GREEN APARTMENTS located at 2400 EAST ASBURY AVENUE, with the intent to commit therein the crime of FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT FIFTY-TWO FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 12, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of BRENDAN HAGGERTY with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S. The facts supporting Counts 51 and 52 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. Between July 23, 2010 and August 18, 2010, Ashley Cain’s Arizona license plate number 371KJC, valued at approximately $50.00, was stolen by enterprise members from the secured, private parking garage attached to Ms. Cain’s residence at the Asbury Green Apartments located at 2400 East Asbury Avenue, City and County of Denver, Colorado. That license plate was recovered by Englewood Police on August 18, 2010. 3. On or about August 12, 2010, Brendan Haggerty’s 2007 Hyundai Elantra was broken into and approximately $360.00 worth of items were stolen while the vehicle was parked in the secured, private parking garage attached to Mr. Haggerty’s residence at the Asbury Green Apartments located at 2400 East Asbury Avenue, City and County of Denver, Colorado. Some of Mr. Haggerty’s property was recovered from Tara King’s stolen Lexus, as noted in the facts supporting Counts 42 through 47.

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COUNT FIFTY-THREE SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> On or about August 12, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE LIDO CONDOMINIUMS located at 790 NORTH WASHINGTON STREET, with the intent to commit therein the crime of FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT FIFTY-FOUR FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 12, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of JACLYN SCHAFFNER with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT FIFTY-FIVE FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 12, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of REBEKAH BUTTERFIELD with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S. The facts supporting Counts 53 through 55 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about August 12, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie broke into Jaclyn Schaffner’s 2008 Dodge Caliber and Rebekah Butterfield’s motor vehicle and stole a total of approximately $1,085 worth of property from those vehicles. Those vehicles were parked in the secured, private parking garage attached to their residences at the Lido Condominiums located at 790 North Washington Street, City and County of Denver, State of Colorado. Surveillance video revealed Mr. Yazzie driving a black pick-up truck, and Ms. Weaver getting out of the truck, stealing items from cars, and placing those items in the truck. Some of Ms. Schaffner’s property was recovered from Tara King’s stolen Lexus, as noted in the facts supporting Counts 42 through 47.

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COUNT FIFTY-SIX SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> Between and including August 15, 2010, and August 24, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE VAN DYKE APARTMENTS located at 4280 EAST IOWA AVENUE, with the intent to commit therein the crimes of AGGRAVATED MOTOR VEHICLE THEFT and FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT FIFTY-SEVEN FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 15, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of INI KAY ROMANELLI with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT FIFTY-EIGHT AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including August 24, 2010, and September 2, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of DOUGLAS MEIER, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S. The facts supporting Counts 56 through 58 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about August 15, 2010, Ini Kay Romanelli’s 2009 Honda CRV was broken into while parked in the secured, private parking garage attached to Ms. Romanelli’s residence at the Van Dyke Apartments located at 4280 East Iowa Avenue, City and County of Denver, State of Colorado. Clothes and a telephone were stolen. That property was recovered from Tara King’s stolen Lexus, as noted in the facts supporting Counts 42 through 47.

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3. On or about August 24, 2010, Douglas Meier’s 2004 Toyota Sienna minivan, valued at approximately $8,500.00, was stolen by enterprise members from the secured, private parking garage attached to Mr. Nassim’s residence at the Van Dyke Apartments located at 4280 East Iowa Avenue, City and County of Denver, State of Colorado. Mr. Meier’s stolen minivan was recovered at 1920 South University Boulevard on September 2, 2010. Some of the property stolen from Mr. Meier’s minivan was recovered from Tara King’s stolen Lexus, as noted in the facts supporting Counts 42 through 47. 4. Courtnay Swanson’s motor vehicle was stolen on or about June 30, 2010, by enterprise members, and abandoned in the parking garage the Van Dyke Apartments at 4280 East Iowa Avenue, as noted in the facts supporting Count 99.

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COUNT FIFTY-NINE SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> Between and including August 22, 2010, and August 23, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, LEVI GREGORY YAZZIE, AND LEE DEON ELLIS, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE ALEXAN BROADWAY STATION APARTMENTS located at 1145 SOUTH BROADWAY, with the intent to commit therein the crime of AGGRAVATED MOTOR VEHICLE THEFT in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT SIXTY AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including August 22, 2010, and September 15, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, LEVI GREGORY YAZZIE, AND LEE DEON ELLIS, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of OTIS ELEVATOR, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S. The facts supporting Counts 59 and 60 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. Between August 22, 2010, and August 23, 2010, Tiffany Nicole Weaver, Levi Gregory Yazzie, and Lee Deon Ellis, in association with the enterprise, stole Otis Elevator’s 2007 Ford Ranger pick-up truck, valued at approximately $14,000.00. That vehicle was assigned by Otis Elevator to Samuel Aguilar, a manager. That vehicle was stolen from the secured, private parking garage attached to Mr. Aguilar’s residence at the Alexan Broadway Station Apartments located at 1145 South Broadway, City and County of Denver, State of Colorado. Some of the property stolen from Otis Elevator’s stolen truck, including the license plate, was recovered from Tara King’s stolen Lexus, as noted in the facts supporting Counts 42 through 47. 3. Otis Elevator’s stolen truck was recovered at 3550 South Bannock, Englewood, Colorado, on September 15, 2010. A partial clandestine methamphetamine laboratory and precursor chemicals were found in the truck. Misty Clanton’s and Tiffany Nicole Weaver’s fingerprints were located on the truck. 4. In an interview on October 2, 2010, Ms. Weaver stated that she stole and used Otis Elevator’s truck along with Levi Gregory Yazzie and Lee Deon Ellis.

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COUNT SIXTY-ONE SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> Between and including June 6, 2010, and August 22, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE VISTA LOFT APARTMENTS located at 1920 SOUTH UNIVERSITY BOULEVARD, with the intent to commit therein the crime of FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT SIXTY-TWO THEFT - UNDER $500, C.R.S. 18-4-401(1),(2)(b), (M2) <0801S> Between and including June 6, 2010, and August 25, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE obtained or exercised control over a thing of value, namely: LICENSE PLATE, of CHAU MING SUN, with the value of less than five hundred dollars, without authorization, or by threat or deception, and used, concealed, or abandoned the thing of value intending that such use, concealment, or abandonment would deprive CHAU MING SUN permanently of its use or benefit; in violation of section 18-4-401(1)(c),(2)(b), C.R.S.

COUNT SIXTY-THREE FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 22, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of DANIEL SMITH with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S. The facts supporting Counts 61 through 63 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. Between June 6, 2010 and August 25, 2010, Chau Ming Sun’s license plate number 219RPR, valued at approximately $50.00, was stolen from her Lexus sport utility vehicle, which was parked in the secured, private garage attached to Ms. Sun’s residence at the Vista Loft Apartments located at 1920 South University Boulevard, City and County of Denver, State of Colorado. Chau Ming Sun’s license plate was affixed to Tara King’s stolen Lexus when it was recovered on or about August 30, 2010. 3. On or about August 22, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie broke into Daniel Smith’s 2004 Ford Focus while parked in the secured, private parking garage

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attached to Mr. Smith’s residence at the Vista Loft Apartments located at 1920 South University Boulevard, City and County of Denver, State of Colorado. $2,380.00 worth of property was stolen. Golf clubs stolen from Mr. Smith’s Ford Focus were recovered from Tara King’s stolen Lexus, as noted in the facts supporting Counts 42 through 47. 4. Douglas Meier’s motor vehicle was stolen on or about August 24, 2010, by enterprise members, and abandoned in the parking garage at the Vista Loft Apartments located at 1920 South University Boulevard, as noted in the facts supporting Counts 56 through 58.

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COUNT SIXTY-FOUR SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> Between and including August 24, 2010, and August 29, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE HIGH COUNTRY HOUSE APARTMENTS located at 77 SOUTH ADAMS STREET, with the intent to commit therein the crimes of AGGRAVATED MOTOR VEHICLE THEFT, FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE and THEFT, in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT SIXTY-FIVE AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including August 29, 2010, and September 15, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of MATTHEW KING, to wit: 1994 JEEP GRAND CHEROKEE, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

COUNT SIXTY-SIX AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including August 29, 2010, and September 17, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of MATTHEW KING, to wit: 2002 DODGE RAM, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S.

COUNT SIXTY-SEVEN FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 24, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of ANDREW ROBBINS with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

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COUNT SIXTY-EIGHT THEFT, C.R.S. 18-4-401(1),(2)(b.5), (M1) <0801T> On or about August 29, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully and knowingly obtained or exercised control over a thing of value, namely: HELMETS of ANDREW ROBBINS, with the value of five hundred dollars or more but less than one thousand dollars, without authorization, or by threat or deception, and intended to deprive ANDREW ROBBINS, permanently of its use or benefit, and knowingly used, concealed, or abandoned the thing of value in such manner as to permanently deprive ANDREW ROBBINS, of its use or benefit; in violation of section 18-4-401(1),(2)(b.5) C.R.S. The facts supporting Counts 64 through 68 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about August 24, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie broke into Andrew Robbins’ motor vehicle while parked in the secured, private parking garage attached to Mr. Robbin’s residence at the High Country House Apartments located at 77 South Adams Street, City and County of Denver, State of Colorado. $4,040.00 worth of property was stolen. Some of the property stolen from Mr. Robbin’s vehicle was recovered from Tara King’s stolen Lexus, as noted in the facts supporting Counts 42 through 47. 3. On or about August 29, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie broke into Matthew King’s 1998 Subaru while parked in the secured, private parking garage attached to Mr. King’s residence at the High Country House Apartments located at 77 South Adams Street, City and County of Denver, State of Colorado. Inexpensive items were removed from that vehicle. Keys to Mr. King’s 1994 Jeep Grand Cherokee and Mr. King’s 2002 Dodge Ram pick-up were also stolen from Mr. King’s Subaru. The Jeep and the Dodge, with a combined value of approximately $26,000.00, were stolen from the garage. 4. Some of the property stolen from Mr. King’s vehicles was recovered from Tara King’s stolen Lexus, as noted in the facts supporting Counts 42 through 47. 5. Mr. King’s stolen 1994 Jeep was recovered on September 15, 2010, by Metropolitan Auto Theft Task Force detectives after they arrested Levi Gregory Yazzie that day and found Mr. King’s stolen Jeep keys in Mr. Yazzie’s possession. 6. Mr. King’s stolen Dodge Ram was recovered by Denver Police officers at 629 Marion Street, Denver, Colorado, on September 17, 2010. 7. On or about August 29, 2010, Andrew Robbins’ motorized scooters were stored in the garage in the secured, private parking garage attached to Mr. Robbin’s residence at 77 South Adams Street, Denver, Colorado. Helmets valued at approximately $800.00 were cut off the scooters and stolen by Tiffany Nicole Weaver and Levi Gregory Yazzie.

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COUNT SIXTY-NINE SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> On or about August 25, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE MOUNTAIN SHADOWS CONDOMINIUMS located at 2 NORTH ADAMS STREET, with the intent to commit therein the crime of FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT SEVENTY FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 25, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of KATHRYNE KEAYS with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT SEVENTY-ONE FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 25, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of CHRISTINE DOLENSKI with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S. The facts supporting Counts 69 through 71 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about August 25, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie broke into Kathryne Keays’ 2006 Mercedes while parked in the secured, private parking garage attached to Ms. Keays’ residence at the Mountain Shadows Condominiums located at 2 North Adams Street, City and County of Denver, State of Colorado. $200.00 worth of property was stolen. Some of the property stolen from Ms. Keays’ Mercedes was recovered from Tara King’s stolen Lexus, as noted in the facts supporting Counts 42 through 47. 3. On or about August 25, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie broke into Christine Dolenski’s motor vehicle while parked in the secured, private parking garage attached to Ms. Dolenski’s residence at the Mountain Shadows Condominiums located at 2 North Adams Street, City and County of Denver, State of Colorado. $50.00 worth of property was stolen. Surveillance video revealed Ms. Weaver and Mr. Yazzie in Tara King’s stolen

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Lexus, breaking into the vehicles. Chau Ming Sun’s stolen license plate number 219RPR was affixed to the Lexus during this burglary.

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COUNT SEVENTY-TWO SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> Between and including August 25, 2010, and August 30, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE DISTRICT APARTMENTS located at 6300 EAST HAMPDEN AVENUE, with the intent to commit therein the crime of FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT SEVENTY-THREE FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 25, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of JASON MALONE with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT SEVENTY-FOUR FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 25, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of DAMIAN DANIEL with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT SEVENTY-FIVE FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 25, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of KELLY JEFFRIES with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S. The facts supporting Counts 72 through 75 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about August 25, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie broke into Jason Malone’s 2008 Mazda, Damian Daniel’s 2001 Ford Ranger, and Kelly Jeffries’ 2000

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Volkswagen Jetta. Tiffany Nicole Weaver and Levi Gregory Yazzie stole a total of more than $5,000.00 worth of property from those cars while those cars were parked in the secured, private parking garage attached to their residences at the District Apartments located at 6300 East Hampden Avenue, City and County of Denver, State of Colorado. Some of the property stolen from those vehicles was recovered from Tara King’s stolen Lexus, as noted in the facts supporting Counts 42 through 47. 3. In interviews with Denver Police Detective Rojas, after advisement and waiver of rights, Tiffany Nicole Weaver directed Detective Rojas to a trailer on Monaco Parkway in Denver, Colorado, where additional property stolen from vehicles at 6300 East Hampden Avenue was recovered.

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COUNT SEVENTY-SIX SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> Between and including August 26, 2010, and September 9, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE MONROE POINTE CONDOMINIUMS located at 333 SOUTH MONROE STREET, with the intent to commit therein the crime of FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT SEVENTY-SEVEN FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 26, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of JULIE HANSEN with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT SEVENTY-EIGHT FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 26, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of RICHARD BABIN with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT SEVENTY-NINE FIRST DEGREE CRIMINAL TRESPASS - DWELLING, C.R.S. 18-4-502, (F5) <09021> On or about September 9, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered or remained in the dwelling of THE MONROE POINTE CONDOMINIUMS located at 333 SOUTH MONROE STREET; in violation of section 18-4-502, C.R.S. The facts supporting Counts 76 through 79 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about August 26, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie broke into Richard Babin’s 2009 Mercedes Benz and Julie Hansen’s motor vehicle. Tiffany Nicole

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Weaver and Levi Gregory Yazzie stole a total of more than $1,900.00 worth of property from those cars while those cars were parked in the secured, private parking garage attached to their residences at the Monroe Pointe Condominiums located at 333 South Monroe Street, City and County of Denver, State of Colorado. A garage door opener for that condominium was among the property stolen on that date. 3. On or about September 9, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie, in Timothy Meskel’s stolen grey Audi, used the stolen garage door opener noted above to enter the Monroe Pointe Condominiums located at 333 South Monroe Street and began to look into and among cars parked in the garage. A security guard confronted Tiffany Nicole Weaver and Levi Gregory Yazzie and they left. The Audi bore Colorado license plate 129VNU. Levi Gregory Yazzie had that license plate in his possession when arrested by Metropolitan Auto Theft Task Force detectives on September 15, 2010.

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COUNT EIGHTY SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> On or about August 26, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE UPTOWN APARTMENTS located at 300 EAST 17TH AVENUE, with the intent to commit therein the crime of FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT EIGHTY-ONE FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about August 26, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of CARL KNIGHT with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S. The facts supporting Counts 80 and 81 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On August 26, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie broke into Carl Knight’s 2000 Jeep Wrangler and stole more than $1,000.00 worth of property. Mr. Knight’s vehicle was parked in the secured, private parking garage attached to his residence at the Uptown Apartments located at 300 East 17th Avenue, City and County of Denver, State of Colorado. Some of the property stolen from Mr. Knight’s vehicle was recovered from Tara King’s stolen Lexus, as noted in the facts supporting Counts 42 through 47.

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COUNT EIGHTY-TWO THEFT - UNDER $500, C.R.S. 18-4-401(1),(2)(b), (M2) <0801S> Between and including August 25, 2010, and September 15, 2010, at and triable in the City and County of Denver, State of Colorado, LEVI GREGORY YAZZIE obtained or exercised control over a thing of value, namely: LICENSE PLATE and MAGNETIC SIGN, of MEYER NASSIM, with the value of less than five hundred dollars, without authorization, or by threat or deception, and used, concealed, or abandoned the thing of value intending that such use, concealment, or abandonment would deprive MEYER NASSIM permanently of its use or benefit; in violation of section 18-4-401(1)(c),(2)(b), C.R.S. The facts supporting Count 82 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On August 25, 2010 between 10:30 a.m. and 1:00 p.m., Meyer Nassim’s Colorado license plate number 793OKT valued at approximately $50.00 and a magnetic Herbal Life business sign valued at approximately $50.00, were stolen from Mr. Nassim’s 2006 Subaru while it was parked at 8th Avenue and Gaylord Street in the City and County of Denver, State of Colorado. On September 15, 2010, that license plate was recovered from Levi Gregory Yazzie by Metropolitan Auto Theft Task Force detectives.

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COUNT EIGHTY-THREE SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> On or about September 4, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE MEZZO APARTMENTS located at 901 NORTH SHERMAN STREET, with the intent to commit therein the crimes of AGGRAVATED MOTOR VEHICLE THEFT, in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT EIGHTY-FOUR AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including September 4, 2010, and September 15, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of TIMOTHY MESKEL, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S. The facts supporting Counts 83 and 84 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about September 4, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie, in association with the enterprise, stole Timothy Meskel’s grey 2002 Audi A4, valued at approximately $10,000.00 and bearing Colorado license plate number 623UAI, from the secured, private parking garage attached to Mr. Meskel’s residence at the Mezzo Apartments located at 901 North Sherman Street, City and County of Denver, State of Colorado. 3. On or about September 9, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie, used Mr. Meskel’s stolen Audi when they entered the Monroe Pointe Condominiums located at 333 South Monroe Street, Denver, Colorado, as noted in the facts supporting Count 79. The Audi bore Colorado license plate number 129VNU at that time. Levi Gregory Yazzie was in possession of Mr. Meskel’s stolen Audi and license plate number 129VNU when he was arrested by Metropolitan Auto Theft Task Force detectives on September 15, 2010, at 8116 West 90th Avenue, Westminster, Jefferson County, Colorado. 4. Mr. Meskel’s Audi had property from several other trespass and car theft victims named in this Indictment, including but not limited to David Hunter, Douglas Meier, Elizabeth Parker, and Mark Beard.

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COUNT EIGHTY-FIVE SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> On or about September 7, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of 6515 UNION APARTMENTS located at 6515 EAST UNION AVENUE, with the intent to commit therein the crime of FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT EIGHTY-SIX FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about September 7, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of MEG LAWS with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT EIGHTY-SEVEN

FORGERY, C.R.S. 18-5-102(1)(c), (F5) <1001C> On or about September 10, 2010, at and triable in the City and County of Denver, State of Colorado, LEVI GREGORY YAZZIE, with the intent to defraud MEG LAWS and FIRSTBANK, unlawfully, feloniously, and falsely made, completed, altered, or uttered a written instrument which was or which purported to be, or which was calculated to become or to represent if completed, FIRSTBANK CASHIER’S CHECK #141620 in violation of section 18-5-102(1)(c), C.R.S.

COUNT EIGHTY-EIGHT CRIMINAL IMPERSONATION, C.R.S. 18-5-113(1)(e), (F6) <1011A> On or about September 10, 2010, at and triable in the City and County of Denver, State of Colorado, LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly assumed a false or fictitious identity or capacity, namely: JAIME RIVERA, and in such identity or capacity did an act with intent to unlawfully gain a benefit for himself or another or to injure or defraud another; in violation of section 18-5-113(1)(e), C.R.S. The facts supporting Counts 85 through 88 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference.

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2. On or about September 7, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie, in association with the enterprise, broke into Meg Laws’ 1999 Honda Accord while it was parked in the secured, private parking garage attached to Ms. Laws’ residence at 6515 Union Apartments located at 6515 East Union Avenue, City and County of Denver, State of Colorado. Tiffany Nicole Weaver and Levi Gregory Yazzie stole approximately $2,436.00 worth of property from Ms. Laws’ vehicle. 3. On or about September 10, 2010, Levi Gregory Yazzie, using the name of Jaime Rivera, uttered FirstBank cashier’s check #141620 in the amount of $1,275.04, which had been stolen from Ms. Laws’ Honda. Levi Gregory Yazzie passed that stolen cashier’s check at the FirstBank located at 7590 West Colfax Avenue, Lakewood, Jefferson County, Colorado. FirstBank personnel refused to cash the check, seized it, and obtained clear security photos of Mr. Yazzie. That cashier’s check was processed for latent fingerprints and Mr. Yazzie’s print was found on it.

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COUNT EIGHTY-NINE SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> On or about September 14, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of THE SKYE 2905 APARTMENTS located at 2905 NORTH INCA STREET, with the intent to commit therein the crime of FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT NINETY FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about September 14, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of ELIZABETH PARKER with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT NINETY-ONE FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about September 14, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of DAVID HUNTER with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT NINETY-TWO FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about September 14, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER and LEVI GREGORY YAZZIE unlawfully, feloniously, and knowingly entered the motor vehicle of MARK BEARD with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT NINETY-THREE CRIMINAL IMPERSONATION, C.R.S. 18-5-113(1)(e), (F6) <1011A> On or about September 14, 2010, at and triable in the City and County of Denver, State of Colorado, LEVI GREGORY YAZZIE, unlawfully, feloniously, and knowingly assumed a false or fictitious identity or capacity, namely: DAVID HUNTER, and in such identity or capacity did an act with intent to unlawfully gain a benefit for himself or another or to injure or defraud another; in violation of section 18-5-113(1)(e), C.R.S.

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COUNT NINETY-FOUR CRIMINAL IMPERSONATION, C.R.S. 18-5-113(1)(e), (F6) <1011A> On or about September 14, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, unlawfully, feloniously, and knowingly assumed a false or fictitious identity or capacity, namely: ELIZABETH PARKER, and in such identity or capacity did an act with intent to unlawfully gain a benefit for herself or another or to injure or defraud another; in violation of section 18-5-113(1)(e), C.R.S.

COUNT NINETY-FIVE

UNAUTHORIZED USE OF A FINANCIAL TRANSACTION DEVICE - UNDER $1,000, C.R.S. 18-5-702(1),(3)(b), (M1) <1301C> On or about September 14, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER unlawfully used a financial transaction device, namely: CREDIT CARD OF ELIZABETH PARKER, for the purpose of obtaining cash, credit, property, or services, or for making financial payment, with intent to defraud, and with notice that the use of the financial transaction device was unauthorized by either the issuer thereof or the account holder, and the value of the cash, credit, property, or services obtained or of the financial payments made was less than one thousand dollars; in violation of section 18-5-702(1),(3)(b), C.R.S.

COUNT NINETY-SIX UNAUTHORIZED USE OF A FINANCIAL TRANSACTION DEVICE - UNDER $1,000, C.R.S. 18-5-702(1),(3)(b), (M1) <1301C> On or about September 14, 2010, at and triable in the City and County of Denver, State of Colorado, LEVI GREGORY YAZZIE unlawfully used a financial transaction device, namely: CREDIT CARD OF DAVID HUNTER, for the purpose of obtaining cash, credit, property, or services, or for making financial payment, with intent to defraud, and with notice that the use of the financial transaction device was unauthorized by either the issuer thereof or the account holder, and the value of the cash, credit, property, or services obtained or of the financial payments made was less than one thousand dollars; in violation of section 18-5-702(1),(3)(b), C.R.S. The facts supporting Counts 89 through 96 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about September 14, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie, in association with the enterprise, broke into Elizabeth Parker’s 2010 Mazda CX7 while it was parked in the secured, private parking garage attached to Ms. Parker’s residence at the Skye 2905 Apartments located at 2905 North Inca Street, City and County of Denver, State of Colorado. Tiffany Nicole Weaver and Levi Gregory Yazzie stole approximately $1,100.00 worth of

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property, including a credit card in Ms. Parker’s name. Later that same date, Tiffany Nicole Weaver used Ms. Parker’s stolen credit card at the Walgreens located at 2000 East Colfax Avenue, City and County of Denver, State of Colorado, to purchase less than $1,000.00 worth of merchandise. 3. On or about September 14, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie, in association with the enterprise, broke into David Hunter’s 2006 Infiniti M45 while it was parked in the secured, private parking garage attached to Mr. Hunter’s residence at the Skye 2905 Apartments located at 2905 North Inca Street, City and County of Denver, State of Colorado. Tiffany Nicole Weaver and Levi Gregory Yazzie stole approximately $1,600.00 worth of property, including a credit card in Mr. Hunter’s name. Later that same date, Levi Gregory Yazzie used Mr. Hunter’s stolen credit card at the Walgreens located at 2000 East Colfax Avenue, City and County of Denver, State of Colorado, to purchase less than $1,000.00 worth of merchandise. 4. On or about September 14, 2010, Tiffany Nicole Weaver and Levi Gregory Yazzie, in association with the enterprise, broke into Mark Beard’s 2000 Nissan while it was parked in the secured, private parking garage attached to Mr. Beard’s residence at the Skye 2905 Apartments located at 2905 North Inca Street, City and County of Denver, State of Colorado, and stole approximately $153,700.00 worth of property, including approximately $152,500.00 worth of bonds. On the following day, September 15, 2010, Levi Gregory Yazzie was arrested by Metropolitan Auto Theft Task Force detectives at 8116 West 90th Avenue, Westminster, Jefferson County, Colorado. Mr. Yazzie had those bonds and other property belonging to Mr. Beard in his possession.

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COUNT NINETY-SEVEN SECOND DEGREE BURGLARY, C.R.S. 18-4-203(1),(2)(a), (F3) <06032> On or about September 27, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, and LEE DEON ELLIS, unlawfully, feloniously, and knowingly broke an entrance into, entered, or remained unlawfully after a lawful or unlawful entry in the building and occupied structure and dwelling of PENTERRA PLAZA CONDOMINIUMS located at 8100 EAST UNION AVENUE, with the intent to commit therein the crime of FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, in violation of section 18-4-203(1),(2)(a), C.R.S.

COUNT NINETY-EIGHT FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about September 27, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, and LEE DEON ELLIS, unlawfully, feloniously, and knowingly entered the motor vehicle of BARBARA STOUT with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S. The facts supporting Counts 97 and 98 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about September 27, 2010, Tiffany Nicole Weaver and Lee Deon Ellis, in association with the enterprise, broke into Barbara Stout’s 2004 BMW while it was parked in the secured, private parking garage attached to Ms. Stout’s residence at Penterra Plaza Condominiums located at 8100 East Union Avenue, City and County of Denver, State of Colorado, and stole $2,000.00 worth of property. Ms. Stout identified Ms. Weaver and Mr. Ellis through photographic line-ups as the people she witnessed ransacking her vehicle.

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COUNT NINETY-NINE AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including June 30, 2010, and October 2, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, and MARC PHILIP FALKENHAN, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of COURTNAY SWANSON, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S. The facts supporting Count 99 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about June 30, 2010, Tiffany Nicole Weaver, and Marc Philip Falkenhan, in association with the enterprise, stole Courtnay Swanson’s 1994 Mitsubishi Mighty Max pick-up truck, valued at approximately $3,000.00, from 1900 East Girard Place, Englewood, Arapahoe County. Colorado. They later abandoned Swanson’s 1994 Mitsubishi at the Van Dyke Apartments located at 4280 East Iowa Avenue, Denver, Colorado. On October 2, 2010, Ms. Weaver, after advisement and waiver of her rights, told Metropolitan Auto Theft Task Force detectives where to find Swanson’s 1994 Mitsubishi. Ms. Weaver stated that she and Marc Philip Falkenhan had stolen and used it.

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COUNT ONE HUNDRED AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE, C.R.S. 18-4-409(2),(3)(a), (F4) <0804C> Between and including September 29, 2010, and October 6, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, and MARC PHILIP FALKENHAN, unlawfully, feloniously, and knowingly obtained or exercised control over the motor vehicle of NICHOLAS EHRHART, without authorization, or by threat or deception, and retained possession or control over the motor vehicle for more than twenty-four hours, and the value of the motor vehicle was twenty thousand dollars or less; in violation of section 18-4-409(2),(3)(a), C.R.S. The facts supporting Count 100 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about September 29, 2010, Marc Philip Falkenhan, in association with the enterprise, stole Nicholas Ehrhart’s 1998 Isuzu Rodeo, valued at approximately $2,500.00 and bearing Colorado license plate number 568UJN, from 2183 Pinon Circle, Erie, Weld County, State of Colorado. On October 2, 2010, Tiffany Nicole Weaver, after advisement and waiver of her rights, told Metropolitan Auto Theft Task Force detectives where to find Mr. Ehrhart’s stolen 1998 Isuzu in the Goodwill lot located at 5000 Leetsdale Drive, Glendale, Arapahoe County, Colorado. Ms. Weaver stated that she and Marc Philip Falkenhan had used it after Marc Philip Falkenhan had stolen it.

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COUNT ONE HUNDRED AND ONE FIRST DEGREE CRIMINAL TRESPASS - MOTOR VEHICLE, C.R.S. 18-4-502, (F5) <09023> On or about September 30, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, unlawfully, feloniously, and knowingly entered the motor vehicle of TERESA ANN OXLEY with intent to commit therein the crime of THEFT; in violation of section 18-4-502, C.R.S.

COUNT ONE HUNDRED AND TWO CRIMINAL IMPERSONATION, C.R.S. 18-5-113(1)(e), (F6) <1011A> On or about September 30, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER, unlawfully, feloniously, and knowingly assumed a false or fictitious identity or capacity, namely: TERESA ANN OXLEY, and in such identity or capacity did an act with intent to unlawfully gain a benefit for herself or another or to injure or defraud another; in violation of section 18-5-113(1)(e), C.R.S.

COUNT ONE HUNDRED AND THREE UNAUTHORIZED USE OF A FINANCIAL TRANSACTION DEVICE - UNDER $1,000, C.R.S. 18-5-702(1),(3)(b), (M1) <1301C> On or about September 30, 2010, at and triable in the City and County of Denver, State of Colorado, TIFFANY NICOLE WEAVER unlawfully used a financial transaction device, namely: CREDIT CARD OF TERESA ANN OXLEY, for the purpose of obtaining cash, credit, property, or services, or for making financial payment, with intent to defraud, and with notice that the use of the financial transaction device was unauthorized by either the issuer thereof or the account holder, and the value of the cash, credit, property, or services obtained or of the financial payments made was less than one thousand dollars; in violation of section 18-5-702(1),(3)(b), C.R.S. The facts supporting Counts 101 through 103 are as follows: 1. The facts supporting all other counts in this Indictment are incorporated herein by reference. 2. On or about September 30, 2010, enterprise members, including but not limited to Tiffany Nicole Weaver, broke into Teresa Ann Oxley’s 2008 Range Rover located at 7800 East Tufts Avenue, City and County of Denver, State of Colorado. Approximately $576.00 worth of property was stolen, including credit cards. Tiffany Nicole Weaver and an as yet-unidentified male used one of the credit cards at various places, including King Soopers, Safeway and Walmart stores in Englewood, Colorado. Surveillance video from Walmart and King Soopers clearly showed Tiffany Nicole Weaver using the card. Ms. Weaver, after advisement and waiver of her rights, stated that she used Oxley’s credit cards to purchase less than $1,000.00 worth of merchandise.

Tiffany Nicole Weaver, et. al, Auto Theft Ring Indictment

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