DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO
1437 Bannock Street
Denver, CO 80202
THE PEOPLE OF THE STATE OF COLORADO,
v.
JOSEPH HOPPER (A.K.A. “JOEY HOPS”)
DARA WHEATLEY (A.K.A. “BOSS LADY”)
ADAM DONALDSON (A.K.A. “POPS”, “POPZ”)
JOSEPH SERGIO CRIVICI (A.K.A. “JOSEPH CRAVICI”)
HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A “MEMBER’S
ONLY”, “HOPPY CROPZ”, “HOPPZ CROPZ”, “HOPZ CROP”)
DERRICK BERNARD (A.K.A. “UGRILLA PHOENIXX”, “PHOENIXX
UGRILLA”, “PHEONUAX”)
NATHAN BERNHEISEL (A.K.A. “BERNIE, “SHANLEY LEONE”,
“FRANKIE”, “NATE”)
VICTORIA FERNANDEZ (A.K.A. “TORI”)
MARCEE SMITH (A.K.A. “MARLEY”)
ALEJANDRA GONZALEZ (A.K.A. “ALE”)
RAYLENE RUBIO (A.K.A. “RAY”, “RAE”, “RAYLEEN”,
“RAYLEAN”)
NICOLE SANDOVAL (A.K.A. “NIKKI”)
ASHLEY HEFNER
MELISSA COLMUS
Defendants.
CYNTHIA COFFMAN, Attorney General
MICHAEL W. MELITO
Senior Assistant Attorney General
1300 Broadway, 9th Floor
Denver, CO 80203
720 508 6702
Reg. No. 36059

 COURT USE ONLY

Grand Jury Case No.:
16CR01
Ctrm: 259

JON W. IPPOLITO
Special Assistant Attorney General
105 E. Vermijo Ave.
Colorado Springs, CO 80903
(719) 520-6000
Reg. No. 45002
ANDREW S. VAUGHAN
Special Assistant Attorney General
105 E. Vermijo Ave.
Colorado Springs, CO 80903
(719) 520-6000
Reg. No. 41223
COLORADO STATE GRAND JURY INDICTMENT
Of the 2016-2017 term of the Denver District Court in the year 2017; the 2016-2017
Colorado State Grand Jurors, chosen, selected and sworn in the name and by the authority of the
People of the State of Colorado, upon their oaths, present the following:

 COUNT 1

Violation of the Colorado Organized Crime Control Act – Pattern of RacketeeringParticipation in Enterprise, §18-17-104(3) and §18-17-105, C.R.S. (F2) 37284

COUNT 2

Violation of the Colorado Organized Crime Control Act – Conspiracy/Endeavoring,
§18-17-104(4), C.R.S. (F2) 37285

COUNT 3

Violation of the Colorado Organized Crime Control Act – Pattern of Racketeering –
Acquire Interest in Enterprise, §18-17-104(2) C.R.S. (F2) 37283

COUNT 4

Distribution Of Marijuana (50 LBS) or Marijuana Concentrate (25 LBS), §18-18406(2)(B)(I),(III)(A), C.R.S. (DF1) 8802P

COUNT 5

Possession with Intent to Manufacture or Distribute Marijuana (50 LBS) or
Marijuana Concentrate (25 LBS), §18-18-406(2)(B)(I),(III)(A), C.R.S. (DF1) 8802U

COUNT 6

Conspiracy to Distribute, or Possess with Intent to Manufacture or Distribute,
Marijuana – (50 LBS) or Marijuana Concentrate (25LBS), §18-18406(2)(B)(I),(III)(A), C.R.S. (DF1) 8802Z

COUNT 7

Money Laundering – Conduct Financial Transaction with Intent to Promote Crime,
§18-5-309(1)(A)(I), C.R.S. (F3) 12211

COUNT 8

Conspiracy to Commit Money Laundering – Conduct Financial Transaction with
Intent to Promote Crime, §18-5-309(1)(A)(I) and §18-2-201, C.R.S. (F4) CON

COUNT 9

Money Laundering – Transfer Monetary Instrument with Intent to
Promote Crime, §18-5-309(1)(B)(I), C.R.S. (F3) 12213

COUNT 10

Conspiracy to Commit Money Laundering – Transfer Monetary Instrument with
Intent to Promote Crime, §18-5-309(1)(B)(I) and §18-2-201, C.R.S. (F4) CON

COUNT 11

Keeping Property for Unlawful Distribution of Controlled Substances,
§18-18-411(1), C.R.S. (DM1) 33514

COUNT 12

Evasion of Taxes Administered by the Colorado Department of Revenue,
§39-21-118(1), C.R.S. (F5) 40021

COUNT 13

Conspiracy to Commit Evasion of Taxes Administered by the Colorado Department
of Revenue, §39-21-118(1) and §18-2-201, C.R.S. (F6) CON

COUNT 14

Evasion of Taxes Administered by the Colorado Department of Revenue,
§39-21-118(1), C.R.S. (F5) 40021

COUNT 15

Conspiracy to Commit Evasion of Taxes Administered by the Colorado Department
of Revenue, §39-21-118(1) and §18-2-201, C.R.S. (F6) CON

COUNT 16

Failure to File Return or Pay Tax, §39-21-118(3), C.R.S. (M) 40023

COUNT 17

Filing a False Tax Return, §39-21-118(4), C.R.S. (F5) 40024

COUNT 18

Forgery, §18-5-102(1)(C), C.R.S. (F5)

2

 COUNT 19

Attempt To Influence A Public Servant, §18-8-306, C.R.S. (F4) 24051

COUNT 20

Attempt To Influence A Public Servant, §18-8-306, C.R.S. (F4) 24051

COUNT 21

Attempt To Influence A Public Servant, §18-8-306, C.R.S. (F4) 24051

COUNT 22

Attempt To Influence A Public Servant, §18-8-306, C.R.S. (F4) 24051

COUNT 23

Special Offender – Conspiracy – Pattern of Sale, §18-18-407(1)(b), C.R.S. (DF-1)
33A43

COUNT 24

Special Offender – Organizer in Series of Violations with Others, §18-18-407(1)(F),
C.R.S. (DF1) 33A48

COUNT 25

Special Offender – Firearm, C.R.S. §18-18-407(1)(d)(II), C.R.S. (DF1) 33A45

COUNT 26

Filing a False Tax Return, §39-21-118(4), C.R.S. (F5) 40024

COUNT 27

Evasion of Taxes Administered by the Colorado Department of Revenue,
§39-21-118(1), C.R.S. (F5) 40021

3

 INDEX OF DEFENDANTS
Defendant
DERRICK BERNARD (A.K.A. “UGRILLA PHOENIXX”,
“PHOENIXX UGRILLA”, “PHEONUAX”)
NATHAN BERNHEISEL (A.K.A. “BERNIE, “SHANLEY
LEONE”, “FRANKIE”, “NATE”)
MELISSA COLMUS
JOSEPH SERGIO CRIVICI (A.K.A. “JOSEPH
CRAVICI”)
ADAM DONALDSON (A.K.A. “POPS”, “POPZ”)
VICTORIA FERNANDEZ (A.K.A. “TORI”)
ALEJANDRA GONZALEZ (A.K.A. “ALE”)
ASHLEY HEFNER
JOSEPH HOPPER (A.K.A. “JOEY HOPS”)
HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A
“MEMBER’S ONLY”, “HOPPY CROPZ”, “HOPPZ
CROPZ”, “HOPZ CROP”)
RAYLENE RUBIO (A.K.A. “RAY”, “RAE”,
“RAYLEEN”, “RAYLEAN”)
NICOLE SANDOVAL (A.K.A. “NIKKI”)
MARCEE SMITH (A.K.A. “MARLEY”)
DARA WHEATLEY (A.K.A. “BOSS LADY”)

Date of Birth
03/22/1989

Counts
1,2,4-16, 25

01/11/1980

1,2,4-16, 25

01/18/1984
11/25/1983

1,2,4-16, 18
1-16, 20, 23, 24

06/23/1967
02/07/1995
3/18/1995
04/25/1988
06/16/1983
N/A

1-16, 23, 24
1,2,4-16, 18, 21
1,2,4-16, 18
1,2,4-16, 18, 22
1-16, 18, 23, 24
1-18, 20

02/07/1995

1,2,4-16, 19

10/13/1995
03/27/1994
12/16/1988

1,2,4-16, 18, 21
1,2,4-16, 18
1-18, 23, 24, 26, 27

4

 COUNT 1
Violation of the Colorado Organized Crime Control Act – Pattern of Racketeering- Participation in
Enterprise, §18-17-104(3) and §18-17-105, C.R.S. (F2) 37284
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS and others known and unknown to the Grand Jury,
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 §18-17-104(3)
and §18-17-105, C.R.S. (F2), and against the peace and dignity of the People of the State of Colorado.
COUNT 2
Violation of the Colorado Organized Crime Control Act – Conspiracy/Endeavoring,
§18-17-104(4), C.R.S. (F2) 37285
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS and others known and unknown to the Grand Jury
did unlawfully, knowingly, and feloniously conspire to conduct and participate, directly or indirectly,
in an enterprise, through a pattern of racketeering activity in violation of C.R.S. §18-17-104(4) and
§18-17-104(3), C.R.S. (F2), and against the peace and dignity of the People of the State of Colorado.
COUNT 3
Violation of the Colorado Organized Crime Control Act – Pattern of Racketeering – Acquire Interest
in Enterprise, §18-17-104(2) C.R.S. (F2) 37283
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP) and others known and unknown to the
Grand Jury, did unlawfully, feloniously, and knowingly acquired or maintained, directly or
indirectly, an interest in or control of an enterprise, namely: HOPPZ’ CROPZ through a pattern of
racketeering activity or through the collection of an unlawful debt; in violation of §18-17-104(2),
C.R.S. (F2), and against the peace and dignity of the People of the State of Colorado.

5

 The offenses alleged in Counts One, Two and Three were committed in the following manner:
The Enterprise
The enterprise alleged in Counts One, Two and Three consisted of a group of individuals,
associated in fact, and at least one legal entity. The enterprise included, the following associated in
fact individuals, a group of individuals, along with a legal entity and/or other entities: JOSEPH
HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO CRIVICI, HOPPZ’
CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY, HOPPY CROPZ, HOPPZ
CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A. “UGRILLA PHOENIXX”, “PHOENIXX
UGRILLA”, “PHEONUAX”), NATHAN BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY
LEONE”, “FRANKIE”, “NATE”), VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH
(A.K.A. “MARLEY”), ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE
SANDOVAL, ASHLEY HEFNER, MELISSA COLMUS and others both known and unknown to the
Grand Jury, who were associated from time to time in the racketeering activity related to the conduct
of the enterprise.
The above persons and entity that associated with the enterprise, and the enterprise itself,
engaged in a scheme whereby the members conspired to purchase medical marijuana from licensed
facilities and resell it for profit under the guise the marijuana was being offerred as a free giveaway
with the purchase of a dramatically overpriced, yet low cost, item. In essence, the enterprise
possessed and distributed marijuana -and conspired to do the same- in Colorado Springs, Colorado
while simultaneously engaging in tax evasion, money laundering, attempts to influence public
servants, filing false tax information and failing to pay over taxes.
Joseph Hopper, his fiancée Dara Wheatley, Joseph Sergio Crivici and Adam Donaldson
opened or joined in the ownership of marijuana distributing franchises. Under the brand “Hoppz’
Cropz” these individuals leased storefronts at 2402 East Boulder St., Colorado Springs, Colorado and
2549 Delta Dr., Colorado Springs, Colorado. Acting as owners and high managerial agents, the four
owners used the Hoppz’ Cropz storefronts and Hoppz’ Cropz employees1 to sell marijuana along with
paraphernalia. The owner-managers and their employees engaged in a “free giveaway” ruse
combining sales of drug-related tangible personal property along with marijuana itself. 2 Members of
the enterprise routinely hand out a Hoppz’ Cropz form deceitfully acknowledging the store is gifting
patrons -without remuneration- less than two ounces of marijuana pursuant to Amendment 64.
Despite local ordinances against retail recreational marijuana stores, the drug trafficking organization
(“DTO”) through the Hoppz’ Cropz stores, skirted civil enforcement by the City of Colorado Springs
and ultimately trafficked nearly 200 pounds of finished/refined marijuana since its July of 2016
inception.
Detectives calculated the aggregate amount of nearly 200 pounds of illegally distributed
marijuana by Hoppz’ Cropz owners and employees using inventory records seized during the
execution of search warrants in the two Hoppz’ Cropz stores. Inventories from Hoppz’ Delta
indicated the daily amount of marijuana sold averaged 250.4 grams. By significantly underestimating
this average amount at 200 grams and multiplying it by the number of days Hoppz’ Delta has been
The employees of Hoppz’ Cropz managed by Joseph Hopper, Dara Wheatley, Adam Donaldson and Joseph Sergio Crivici,
include but are not limited to: Derrick Bernard, Nathan Bernheisel, Victoria Fernandez, Marcee Smith, Alejandra Gonzalez,
Raylene Rubio, Nicole Sandoval Ashley Hefner, Melissa Colmus, “Tim”, “Mike”, “Alan”, “Nikki”, “Kelsey”, “Ashlie”,
“Bree”, “Shay”, “Dejanique Trashai”, “Patricia”, “Justin”, “John”, “Laura” and “Felicia.”
2 By way of limited example, the members of the enterprise sold cheap lighters -worth a few cents- for $15 and employed
the ruse that the business was giving away one gram of marijuana for free along with the $15 lighter. The street value of one
gram of marijuana is approximately $15.
1

6

 open (July 15, 2016, to May 6, 2017 = 42 weeks = 294 days), the total amount of marijuana sold can
be estimated at approximately 58,800 grams, or 129.6 pounds at the Hoppz’ Delta store alone.
Inventories from the “Hoppz’ Boulder” indicated the monthly amount of marijuana sold averaged at
4,418.33 grams. By significantly underestimating this average amount at 4,000 grams and multiplying
it by the number of months Hoppz’ Boulder has been open (October, 2016, to April, 2017 = 7
months), the total amount of marijuana sold can be estimated at approximately 28,000 grams, or 61.7
pounds. This results in an approximate, conservatively estimated total of marijuana sold through both
stores at 86,800 grams, or 191.3 pounds.
With this ruse in place, Hoppz’ Cropz succesfully evaded paying fees regularly associated
with retail recreational marijuana dispensary licensure and evaded excise taxes that an otherwise fully
licensed retail recreational dispensary would normally be required to pay to the Department of
Revenue. In effect, Hoppz’ Cropz, LLC, its owners and employees contributed to the recreational
marijuana black market. Despite opening a sales tax account with the Colorado Department of
Revenue in July of 2016 and engaging in conventional retail sales of parphernalia and clothing (as
well as illicit marijuana sales), Hoppz’ Cropz, LLC, its owner-managers and employees failed to
report the proper figures on nearly half a million dollars in retail sales. Moreover, the managers and
lower level members of the enterprise engaged in a second form of tax evasion by promoting and
receiving “under the table” payments of wages, thereby evading the associated wage withholding
taxes otherwise due to the Colorado Department of Revenue. Indeed, managers instructed the
workers to engage in deceit and inform any government officials who inquired that they –the
salespersons- were merely volunteers working at their respective stores without pay.
Pattern of Racketeering Activity
For purposes of Counts One, Two and Three, JOSEPH HOPPER, DARA WHEATLEY,
ADAM DONALDSON, JOSEPH SERGIO CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’
CROPZ, A.K.A MEMBER’S ONLY, HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK
BERNARD (A.K.A. “UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”),
NATHAN BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS and others known and unknown to the Grand Jury,
directly and in concert, engaged in, attempted to engage in, conspired to engage in, or solicited
another to engage in at least two predicate acts, and any lesser included offenses as permitted in §1817-103, related to the conduct of the enterprise, at least one of which took place in the State of
Colorado after July 1, 1981 and the last of the acts of racketeering activity occurring within ten years
after a prior act of racketeering activity and include:
Distribution of Marijuana or Marijuana Concentrate
Conspiracy to Distribute or Possess with Intent to Manufacture or Distribute Marijuana or
Marijuana Concentrate
Possession with Intent to Manufacture or Distribute Marijuana or Marijuana Concentrate
Money Laundering
Evasion of Taxes Administered by the Colorado Department of Revenue
Conspiracy to Commit Evasion of Taxes Administered by the Colorado Department of
Revenue
Failure to File a Return or Pay Tax
Filing of a False Return

7

 Keeping Property for Unlawful Distribution of Controlled Substances
Attempt to Influence a Public Servant
And the Predicate Act of: Unlawful Use of a Communications Facility.
RACKETEERING ACTIVITY
The acts of racketeering activity that the above named persons and/or entities committed,
attempted to commit, conspired to commit, or solicited, coerced, or intimidated another person to
commit, consist of the following predicate acts, including any lesser included offenses permitted to be
used as predicates under this statute:
Counts Four through Twenty Two and all other identified Predicate Act(s) set forth the
essential relevant acts of racketeering and are incorporated in these Counts One, Two and Three by
this reference. The relevant acts of racketeering activity include any lesser included offenses of
Counts Four through Twenty Two and all other identified Predicate Acts.
COUNT 4
Distribution Of Marijuana (50 LBS) or Marijuana Concentrate (25 LBS), §18-18406(2)(B)(I),(III)(A), C.R.S. (DF1) 8802P
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS, and others known and unknown to the Grand Jury,
unlawfully, feloniously, and knowingly sold or distributed, or attempted to sell or distribute marijuana
or marijuana concentrate. Further, the amount of marijuana was more than fifty pounds or the
marijuana concentrate was more than twenty five pounds, in violation of §18-18-406(2)(b)(I),(III)(A),
C.R.S. (DF1), and against the peace and dignity of the People of the State of Colorado.
COUNT 5
Possession with Intent to Manufacture or Distribute Marijuana (50 LBS) or Marijuana Concentrate
(25 LBS), §18-18-406(2)(B)(I),(III)(A), C.R.S. (DF1) 8802U
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS and others known and unknown to the Grand Jury,
unlawfully, feloniously, and knowingly possessed, or attempted to possess, with intent to
manufacture, sell or distribute, marijuana or marijuana concentrate. Further, the amount of marijuana

8

 was more than fifty pounds or the amount of marijuana concentrate was more than twenty five
pounds; in violation of §18-18-406(2)(b)(I),(III)(A), C.R.S. (DF1), and against the peace and dignity
of the People of the State of Colorado.
COUNT 6
Conspiracy to Distribute, or Possess with Intent to Manufacture or Distribute, Marijuana – (50 LBS)
or Marijuana Concentrate (25LBS), §18-18-406(2)(B)(I),(III)(A), C.R.S. (DF1) 8802Z
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS, and others known and unknown to the Grand Jury,
unlawfully, feloniously, and knowingly conspired with one another and with a person or persons
known and unknown to the Grand Jury, to sell, distribute, or possess with intent to manufacture, sell
or distribute marijuana or marijuana concentrate. Further, the amount of marijuana was more than
fifty pounds or the amount of marijuana concentrate was more than twenty five pounds, in violation
of §18-18-406(2)(b)(I),(III)(A), C.R.S. (DF1), and against the peace and dignity of the People of the
State of Colorado.
COUNT 7
Money Laundering – Conduct Financial Transaction with Intent to Promote Crime,
§18-5-309(1)(A)(I), C.R.S. (F3) 12211
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS and others known and unknown to the Grand Jury,
unlawfully and feloniously, conducted or attempted to conduct a financial transaction that involved
money or any other thing of value that the defendant knew or believed to be the proceeds, in any
form, of a criminal offense, with the intent to promote the commission of a criminal offense; in
violation of §18-5-309(1)(A)(I), C.R.S. (F3), and against the peace and dignity of the People of the
State of Colorado.

9

 COUNT 8
Conspiracy to Commit Money Laundering – Conduct Financial Transaction with Intent to Promote
Crime, §18-5-309(1)(A)(I) and §18-2-201, C.R.S. (F4) CON
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS, and others known and unknown to the Grand Jury,
with the intent to promote or facilitate the commission of the crime of Money Laundering – Conduct
Financial Transaction with Intent to Promote Crime, unlawfully and feloniously agreed with one
another 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 §18-5-309(1)(A)(I) and §18-2-201, C.R.S. (F4),
and against the peace and dignity of the People of the State of Colorado.
COUNT 9
Money Laundering – Transfer Monetary Instrument with Intent to
Promote Crime, §18-5-309(1)(B)(I), C.R.S. (F3) 12213
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS and others known and unknown to the Grand Jury,
unlawfully and feloniously transported, transmitted, or transferred a monetary instrument or moneys,
with the intent to promote the commission of a criminal offense, in violation of §18-5-309(1)(B)(I),
C.R.S. (F3) and against the peace and dignity of the People of the State of Colorado.
COUNT 10
Conspiracy to Commit Money Laundering – Transfer Monetary Instrument with Intent to
Promote Crime, §18-5-309(1)(B)(I) and §18-2-201, C.R.S. (F4) CON
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),

10

 VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS and others known and unknown to the Grand Jury,
with the intent to promote or facilitate the commission of the crime of Money Laundering – Transfer
Monetary Instrument with Intent to Promote Crime, unlawfully and feloniously agreed with one
another 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 §18-5-309(1)(B)(I) and §18-2-201, C.R.S. (F4),
and against the peace and dignity of the People of the State of Colorado.
COUNT 11
Keeping Property for Unlawful Distribution of Controlled Substances,
§18-18-411(1), C.R.S. (DM1) 33514
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS and others known and unknown to the Grand Jury,
knowingly or intentionally kept, maintained, controlled, rented, leased, or made available for use a
store, shop, warehouse, dwelling, building, vehicle, vessel, aircraft, room, enclosure, or other
structure or place, which the defendant knew was resorted to for the purpose of keeping for
distribution, transporting for distribution, or distribution of a controlled substance; in violation of
§18-18-411(1), C.R.S. (DM1), and against the peace and dignity of the People of the State of
Colorado.
COUNT 12
Evasion of Taxes Administered by the Colorado Department of Revenue,
§39-21-118(1), C.R.S. (F5) 40021
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS, and others known and unknown to the Grand Jury,
did unlawfully, feloniously and willfully attempt to evade and defeat a tax administered by the
Colorado Department of Revenue, or a payment thereof namely, state wage withholding tax in
violation of §39-21-118(1), C.R.S. (F-5), and against the peace and dignity of the People of the State
of Colorado.

11

 COUNT 13
Conspiracy to Commit Evasion of Taxes Administered by the Colorado Department of Revenue,
§39-21-118(1) and §18-2-201, C.R.S. (F6) CON
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS, and others known and unknown to the Grand Jury,
with the intent to promote or facilitate the commission of the crime of Evasion of Taxes Administered
by the Colorado Department of Revenue, unlawfully and feloniously agreed with one another 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 §39-21-118(1) and §18-2-201, C.R.S. (F6), and against the
peace and dignity of the People of the State of Colorado.
COUNT 14
Evasion of Taxes Administered by the Colorado Department of Revenue,
§39-21-118(1), C.R.S. (F5) 40021
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),
VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS, and others known and unknown to the Grand Jury,
did unlawfully, feloniously and willfully attempt to evade and defeat a tax administered by the
Colorado Department of Revenue, or a payment thereof namely, state sales tax in violation of §39-21118(1), C.R.S. (F-5), and against the peace and dignity of the People of the State of Colorado.
COUNT 15
Conspiracy to Commit Evasion of Taxes Administered by the Colorado Department of Revenue,
§39-21-118(1) and §18-2-201, C.R.S. (F6) CON
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP), DERRICK BERNARD (A.K.A.
“UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”, “PHEONUAX”), NATHAN
BERNHEISEL (A.K.A. “BERNIE”, “SHANLEY LEONE”, “FRANKIE”, “NATE”),

12

 VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH (A.K.A. “MARLEY”),
ALEJANDRA GONZALEZ (A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL,
ASHLEY HEFNER, MELISSA COLMUS, and others known and unknown to the Grand Jury,
with the intent to promote or facilitate the commission of the crime of Evasion of Taxes Administered
by the Colorado Department of Revenue, unlawfully and feloniously agreed with one another 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 §39-21-118(1) and §18-2-201, C.R.S. (F6), and against the
peace and dignity of the People of the State of Colorado.
COUNT 16
Failure to File Return or Pay Tax, §39-21-118(3), C.R.S. (M) 40023
On or about and between August 21, 2016 and May 21, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY,
HOPPY CROPZ, HOPPZ CROPZ, HOPZ CROP) and others known and unknown to the
Grand Jury, unlawfully and willfully failed to pay a tax or estimated tax, make a return, keep tax
records, or supply tax information as required; in violation of §39-21-118(3), C.R.S. (M), and against
the peace and dignity of the People of the State of Colorado.
COUNT 17
Filing a False Tax Return, §39-21-118(4), C.R.S. (F5) 40024
On or about April 16, 2017 in and triable in the State of Colorado, DARA WHEATLEY and
HOPPZ’ CROPZ, LLC, unlawfully, feloniously, and willfully made and subscribed returns,
statements, or other documents, which contained or were verified by a written declaration that they
were made under the penalties of perjury, and which the defendant did not believe to be true and
correct as to every material matter; in violation of §39-21-118(4), C.R.S. (F5), and against the peace
and dignity of the People of the State of Colorado.
COUNT 18
Forgery, § 18-5-102(1)(C), C.R.S. (F5)
On or about and between July 1, 2016 and May 25, 2017, in the State of Colorado, JOSEPH
HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO CRIVICI,
HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY, HOPPY
CROPZ, HOPPZ CROPZ, HOPZ CROP), VICTORIA FERNANDEZ (A.K.A. “TORI”),
MARCEE SMITH (A.K.A. “MARLEY”), ALEJANDRA GONZALEZ (A.K.A. “ALE”),
RAYLENE RUBIO, NICOLE SANDOVAL, ASHLEY HEFNER, MELISSA COLMUS, with
the intent to defraud Hoppz’ Cropz customers including but not limited to Michael Adam Hughes,
Chace Passanante, Joey Harris and those individual customers identified below in “Attachment A”,
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, a deed,
will, codicil, contract, assignment, commercial instrument, promissory note, or other instrument
which document did or may have evidenced, created, transferred, terminated, or otherwise affected a
legal right, interest, obligation, or status, namely: a contract pertaining to Hoppz’ Cropz customers’

13

 Amendment 64 rights; in violation of §18-5-102(1)(c), C.R.S. (F-5), and against the peace and dignity
of the People of the State of Colorado.
COUNT 19
Attempt To Influence A Public Servant, §18-8-306, C.R.S. (F4) 24051
On or about November 17, 2016, in and triable in the State of Colorado, RAYLENE RUBIO
unlawfully and feloniously attempted to influence Colorado Springs Police Department Detective
Nick Bayne, who is a public servant, by means of deceit, with the intent thereby to alter or affect the
public servant’s decision, vote, opinion, or action concerning a matter which was to be considered or
performed by the public servant or the agency or body of which the public servant was a member; in
violation of §18-8-306, C.R.S. (F-4), and against the peace and dignity of the People of the State of
Colorado.
COUNT 20
Attempt To Influence A Public Servant, §18-8-306, C.R.S. (F4) 24051
On or about May 2, 2017, in and triable in the State of Colorado, JOSEPH SERGIO CRIVICI and
HOPPZ’ CROPZ, LLC unlawfully and feloniously attempted to influence Colorado Springs Police
Department Sergeant Roger Vargason and or Colorado Springs Police Department Detective Nick
Bayne, who are public servants, by means of deceit, with the intent thereby to alter or affect the
public servants’ decisions, votes, opinions, or actions concerning a matter or matters which were to be
considered or performed by the public servants or the agency or body of which the public servants
were members; in violation of §18-8-306, C.R.S. (F-4), and against the peace and dignity of the
People of the State of Colorado.
COUNT 21
Attempt To Influence A Public Servant, §18-8-306, C.R.S. (F4) 24051
On or about May 2, 2017, in and triable in the State of Colorado, NICOLE SANDOVAL and
VICTORIA FERNANDEZ unlawfully and feloniously attempted to influence Colorado Springs
Police Department Sergeant Roger Vargason, who is a public servant, by means of deceit, with the
intent thereby to alter or affect the public servant’s decision, vote, opinion, or action concerning a
matter which was to be considered or performed by the public servant or the agency or body of which
the public servant was a member; in violation of §18-8-306, C.R.S. (F-4), and against the peace and
dignity of the People of the State of Colorado.
COUNT 22
Attempt To Influence A Public Servant, §18-8-306, C.R.S. (F4) 24051
On or about May 2, 2017, in and triable in the State of Colorado, ASHLEY HEFNER unlawfully
and feloniously attempted to influence Colorado Springs Police Department Detective Nick Bayne,
who is a public servant, by means of deceit, with the intent thereby to alter or affect the public
servant’s decision, vote, opinion, or action concerning a matter which was to be considered or
performed by the public servant or the agency or body of which the public servant was a member; in
violation of §18-8-306, C.R.S. (F-4), and against the peace and dignity of the People of the State of
Colorado.

14

 COUNT 23
Special Offender – Conspiracy – Pattern of Sale, §18-18-407(1)(b), C.R.S. (DF-1) 33A43
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
DARA WHEATLEY committed the felony offenses charged in counts 4, 5 and 6;
ADAM DONALDSON committed the felony offenses charged in counts 4, 5 and 6;
which was, or was in furtherance of, a conspiracy with one or more persons to engage in a pattern of
manufacturing, sale, or distributing a controlled substance, and the defendant did, or agreed that
defendant would initiate, organize, plan, finance, direct, manage, or supervise part or all of the
conspiracy or manufacture, sale, or distributing, in violation of §18-18-407(1)(b), C.R.S. (DF-1), and
against the peace and dignity of the People of the State of Colorado.
COUNT 24
Special Offender – Organizer in Series of Violations with Others, §18-18-407(1)(F), C.R.S. (DF1)
33A48
On or about and between July 1, 2016 and May 25, 2017, in and triable in the State of Colorado,
JOSEPH HOPPER committed the felony offenses charged in counts counts 4, 5 and 6;
DARA WHEATLEY committed the felony offenses charged in counts 4, 5 and 6;
ADAM DONALDSON committed the felony offenses charged in counts counts 4, 5 and 6;
JOSEPH SERGIO CRIVICI committed the felony offenses charged in counts counts 4, 5 and 6;
engaged in a continuing criminal enterprise by violating §18-17-104(3), §18-17-104(4), §18-17104(2), §18-17-105, §18-18-406(2)(B)(I),(III)(A), namely: Violation of the Colorado Organized
Crime Control Act – Conspiracy/Endeavoring, Violation of the Colorado Organized Crime Control
Act – Pattern of Racketeering- Participation in Enterprise, Violation of the Colorado Organized
Crime Control Act – Pattern of Racketeering – Acquire Interest in Enterprise, Distribution Of
Marijuana (50 LBS) or Marijuana Concentrate (25 LBS), Possession with Intent to Manufacture or
Distribute Marijuana (50 LBS) or Marijuana Concentrate (25 LBS), Conspiracy to Distribute, or
Possess with Intent to Manufacture or Distribute, Marijuana – (50 LBS) or Marijuana Concentrate
(25LBS), and this violation was a part of a continuing series of two or more violations of part 4 of
article 18 of title 18, C.R.S., on separate occasions, namely: Distribution Of Marijuana (50 LBS) or
Marijuana Concentrate (25 LBS) in violation of §18-18-406(2)(B)(I),(III)(A), C.R.S. and any lesser
included offenses on two or more separate occasions on or about and between July 1, 2016 and May
25, 2017, Possession with Intent to Manufacture or Distribute Marijuana (50 LBS) or Marijuana
Concentrate (25 LBS), in violation of §18-18-406(2)(B)(I),(III)(A), C.R.S and any lesser included
offenses on two or more separate occasions on or about and between July 1, 2016 and May 25, 2017,
and Conspiracy to Distribute, or Possess with Intent to Manufacture or Distribute, Marijuana – (50
LBS) or Marijuana Concentrate (25LBS) in violation of §18-18-406(2)(B)(I),(III)(A), C.R.S. and any
lesser included offenses on two or more separate occasions on or about and between July 1, 2016 and
May 25, 2017, and the defendants undertook the continuing series of violations in concert with at
least five other persons with respect to whom the defendant occupied a position of organizer, or
supervisor, or other position of management, and the defendant obtained substantial income or
resources from the continuing series of violations; in violation of section 18-18-407(1)(f), C.R.S.

15

 COUNT 25
Special Offender – Firearm, C.R.S. §18-18-407(1)(d)(II), C.R.S. (DF1) 33A45
On or about and between November 17, 2016 and May 25, 2017 in and triable in the State of
Colorado,
DERRICK BERNARD committed the felony offenses charged in counts 4, 5 and 6;
NATHAN BERNHEISEL committed the felony offenses charged in counts 4, 5, and 6;
and the defendant or a confederate of the defendant possessed a firearm to which: the defendant or
confederate had access in a manner that posed a risk to others; or in a vehicle the defendant was
occupying, during the commission of the offense; in violation of §18-18-407(1)(d)(II), C.R.S. (DF1),
and against the peace and dignity of the People of the State of Colorado.
COUNT 26
Filing a False Tax Return, §39-21-118(4), C.R.S. (F5) 40024
On or about and between April 1, 2017 and May 25, 2017, in and triable in the State of Colorado,
DARA WHEATLEY unlawfully, feloniously, and willfully made and subscribed returns, statements,
or other documents, which contained or were verified by a written declaration that they were made
under the penalties of perjury, and which the defendant did not believe to be true and correct as to
every material matter; in violation of §39-21-118(4), C.R.S. (F5), and against the peace and dignity of
the People of the State of Colorado.
COUNT 27
Evasion of Taxes Administered by the Colorado Department of Revenue,
§39-21-118(1), C.R.S. (F5) 40021
On or about and between April 1, 2017 and May 25, 2017, in and triable in the State of Colorado,
DARA WHEATLEY, did unlawfully, feloniously and willfully attempt to evade and defeat a tax
administered by the Colorado Department of Revenue, or a payment thereof namely, Colorado
Income Tax in violation of §39-21-118(1), C.R.S. (F-5), and against the peace and dignity of the
People of the State of Colorado.
The offenses alleged in Counts 1 through 27 and the below Predicate Acts (connected to Counts 1, 2
& 3) incorporate any and all above asserted facts and dates. The below essential facts of the crimes
were committed in the following manner and occurred either entirely or partly in the State of
Colorado:
Starting in January of 2014, the State of Colorado enacted a marijuana excise tax. Retail marijuana
became subject to a 15% excise tax based on the average market price of retail marijuana. The tax is
calculated on the basis of the category of the retail marijuana product3 being sold or transferred.
Neither JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC, DERRICK BERNARD, NATHAN BERNHEISEL, VICTORIA
FERNANDEZ, MARCEE SMITH, ALEJANDRA GONZALEZ, RAYLENE RUBIO, NICOLE
SANDOVAL, ASHLEY HEFNER, MELISSA COLMUS, nor any of their co-conspirators paid this
excise tax or filed any returns associated with the excise tax. The members of the enterprise were able
to increase profits by purchasing medical marijuana -which is taxed at a substantially lower rate
3

i.e., Flower, Trim, or Immature Plant.

16

 compared to recreational- from licensed dispensaries by illegally using the patient “red cards” of
fellow co-conspirators. This effectively created a lower priced, black market marijuana sold by
Hoppz’ Cropz and its employees. Furthermore, none of the members of the enterprise paid or
collected and remitted the proper amount of sales tax due from the numerous retail sales made in the
Hoppz’ Cropz stores.
On July 29, 2016, Colorado Springs law enforcement agents assigned to the Metro Vice, Narcotics,
and Intelligence Division (“MVNI”) received anonymous information from a Crime Stopper tip
regarding the address 2549 Delta Drive (“Hoppz’ Delta”). The complaint stated Hoppz’ Delta
employees were selling marijuana to people without medical marijuana cards. MVNI detectives soon
learned employees at a second related store located at 2402 East Boulder Street (“Hoppz’ Boulder”)
conducted similar illegal distributions of marijuana.
A records check of Hoppz’ Cropz through the Colorado Secretary of State revealed the business
entity’s formation in July of 2016 and listed its registered agent as Dara Wheatley. Later, the
Secretary of State’s website listed Adam Donaldson as the registered agent beginning October, 2016,
ultimately followed by another change which listed Joseph Sergio Crivici as the registered agent as of
March, 2017. All parties provided their registered agent address as 750 East Cimarron Street.
Detectives soon became aware of Hoppz’ Cropz presence through social media and a television news
report featuring Dara Wheatley’s fiancée, Mr. Joseph Hopper. Eventually, the detectives learned that
Mr. Hopper self-identified as the stores’ owner in both social media and on a television interview
with KRDO News. After taking initial investigative steps and discovering social links between
numerous Hoppz’ Cropz owners and employees, MVNI detectives commenced an investigation
involving undercover operations.
Undercover Marijuana Purchases at Hoppz’ Delta:
On Thursday, August 18, 2016, Detective Michael Adam Hughes was assigned to act in an
undercover capacity to purchase marijuana from Hoppz’ Delta to help verify the validity of the Crime
Stopper tip. Detective Hughes entered the store and was asked for identification by an employee who
provided a typed form. Detective Hughes proceeded to fill out a typed form4 purporting to explain
Amendment 64 and the store’s sales model of gifting marijuana during a purchase. Hughes was told
he could purchase a “memo” (which appeared to be a rolling paper) for $5, a sticker ($10), or various
other items, and he would be gifted either a joint (a marijuana cigarette) or a gram or more of
marijuana (depending on how much he spent). He was also told he could smoke in the store if he
purchased a $3 gift. Detective Hughes opted to spend $15 and was given a lighter (which retails for as
low as 14 cents) and 1.35 grams of “Dark Horse”, a green, leafy substance which later tested positive
for Tetrahydrocannabinol (THC), the chemical ingredient in marijuana responsible for the ‘high’.
On Wednesday, November 9, 2016, Detective Joey Harris was assigned to act in an undercover
capacity to enter Hoppz’ Delta and attempt to purchase marijuana. Detective Harris entered the store
This form – and the others like it described throughout this document- was a contract uttered for the purpose of deceiving
the customers of Hoppz’ Cropz by providing false information as to the status of the marijuana the Hoppz’ Cropz customer
purchased in conjunction with various tangible items such as lighters, stickers, rolling papers and the like. All of the
members of the enterprise including JOSEPH HOPPER, DARA WHEATLEY, ADAM DONALDSON, JOSEPH SERGIO
CRIVICI, HOPPZ’ CROPZ, LLC (D.B.A. HOPPZ’ CROPZ, A.K.A MEMBER’S ONLY, HOPPY CROPZ, HOPPZ
CROPZ, HOPZ CROP), VICTORIA FERNANDEZ (A.K.A. “TORI”), MARCEE SMITH, ALEJANDRA GONZALEZ
(A.K.A. “ALE”), RAYLENE RUBIO, NICOLE SANDOVAL, ASHLEY HEFNER, MELISSA COLMUS, conspired and
or stood complicit in completing or uttering these forgeries as it advanced the enterprise as a whole and each member
eventually profited personally. A larger list of customers defrauded by the employees and owner managers is listed below at
“ATTACHMENT A”
4

17

 and was greeted by Hoppz’ Cropz owner/employee Dara Wheatley who asked him if he had his
identification card with him. Ms. Wheatley instructed Detective Harris to complete one of forms
stating he understood Amendment 64, is over 21 years of age, and is becoming a member of Hoppz’
Cropz (at both locations). Once Wheatley took possession of the form she told Detective Harris he
could be “gifted” marijuana in exchange for purchasing a small item, such as a rolling paper or
lighter. After being shown some marijuana products, Detective Harris purchased a (14 cent) lighter
for $15 and was “gifted” 1.03g of a green, leafy substance labelled ‘Kandy Kush.’ This so called gift
field tested positive for THC.
On Friday, November 11, 2016, Detective Chace Passanante was assigned to act in an undercover
capacity to enter Hoppz’ Delta in attempts to purchase marijuana. At 1508 hours on that date,
Detective Passanante entered the store and was greeted by Hoppz’ Cropz employee Melissa Colmus.
The employee asked the detective to complete the form stating he understood Amendment 64, was
over 21, and he was joining Hoppz’ Cropz as a member. Colmus then told Detective Passanante they
do not sell marijuana, they “gift” it with a purchase of another item. She showed Detective Passanante
three shelves containing different marijuana products (buds, extract, etc.). Melissa Colmus told him
he could buy a “paper” for $10 and she would “gift” him a gram of marijuana, a lighter for $15 with a
gram, or a small pipe for $20 with a gram of marijuana. Colmus said, “That shows you the level of
shelves we have, but we do gift up to 14 grams.” Detective Passanante bought a (14 cent) lighter for
$15 and a baggie weighing 2.94 grams (including the baggie), containing a green, leafy substance
which field tested positive for THC.
Undercover Marijuana Purchases at Hoppz’ Boulder:
On Wednesday, November 9, 2016, Detective J. Harris entered Hoppz’ Boulder and attempted to
purchase marijuana. At approximately 1411 hours on that date, Hoppz’ Cropz employee Raylene
Rubio greeted Detective Harris as he entered the store. Rubio asked him if he had been to the store
before. Raylene Rubio next asked Detective Harris to complete one of the forms stating he
understood Amendment 64, he is over 21 years of age, and he is becoming a member of Hoppz’
Cropz. When he had completed the form, the employee, Raylene Rubio, went on to say, “We are
more like a gift shop rather than a dispensary, so we gift weed we do not sell it.” Rubio showed
Detective Harris some marijuana and told he could purchase a lighter or a small, glass pipe and be
gifted some marijuana. She also told him the detective he could buy a $5 “memo” (which appeared to
be a small baggie of marijuana) or he could buy a sticker. Raylene Rubio then told him she was out of
stickers so she could give him a rolling paper, or, she stated, “You are purchasing the bag and I am
gifting you a memo.” Detective Harris purchased a small glass pipe for $20 and was “gifted” 0.97
grams of ‘Gorilla Glue’, a green, leafy substance which field tested positive for THC.
On Friday, November 11, 2016, Detective C. Passanante visited Hoppz’ Boulder to try to purchase
marijuana. At 1540 hours, Detective Passanante entered the store and Hoppz’ Cropz employee
Marcee Smith asked the undercover detective to complete the form stating he understood Amendment
64, was over 21, and that he was joining Hoppz’ Cropz as a member. Marcee Smith told Detective
Passanante the marijuana would be “gifted” with another purchase. She showed Detective Passanante
three shelves of marijuana products with different THC levels. Detective Passanante selected the
“Jelly Bean” variety of marijuana and Marcee Smith then asked if he wanted to do a $15 small pipe.
Detective Passanante purchased a pipe and received a baggie weighing 3.15 grams (including the
baggie), holding a green, leafy substance which tested positive for THC.

18

 First Search Warrant
On November 16, 2016, Detective Kerry Linfoot completed a search warrant for both Hoppz’ Cropz
locations. The search warrants were reviewed and signed by Judge Walter on November 16, 2016, and
executed on November 17, 2016. During the searches of the Hoppz’ Cropz stores, detectives seized
approximately 2198 grams of marijuana and marijuana products, along with a handgun and $3290 in
U.S. currency. Ledgers at the store put the daily sales for the Boulder store at $700-$1500 and the daily
sales at the Delta store from $2000-$3500.
During the execution of these warrants, receipts and financial documentation obtained by law
enforcement officials indicated several sources for the marijuana sold in the Hoppz’ Cropz stores were
medical marijuana dispensaries. Receipts showed quantities of marijuana and marijuana concentrate
being purchased from, among other stores, Altitude Organic Medicine. Some of the receipts recovered
specifically indicated Adam Donaldson was purchasing medical marijuana from Altitude Organic
Medicine for later illegal resale at the Hoppz’ Cropz stores.
Close in time to the execution of the November 16, 2016 search warrants, Raylene Rubio attempted
to influence Colorado Springs Police Department Detective Nick Bayne, by means of deceit and with
the intent thereby to alter or affect the detective’s decision, vote, opinion, or action concerning his
investigation into the Hoppz’ Cropz drug distribution conspiracy. When asked by the detective – who
had identified himself as law enforcement - Ms. Rubio stated that she was a volunteer working at the
Hoppz’ Cropz store, when in fact she was a paid employee working “under the table” to help the
business avoid paying wage withholding taxes to the Colorado Department of Revenue.
Further Investigation
On December 8, 2016, undercover MVNI detectives conducted buys at both Hoppz’ Cropz locations.
Undercover MVNI detectives successfully purchased marijuana from both stores under what the
employees, including both Marcee Smith and Raylene Rubio, referred to as a “reimbursement process.”
The detectives were advised they were joining the Hoppz’ Cropz club and they were permitting Hoppz’
Cropz to grow their six plants which are permitted under Amendment 64. They were told they were
paying to reimburse Hoppz’ Cropz for the time, labor, and resources used to grow their plants. The
marijuana products purchased at both stores later field tested positive for the presence of THC.
On the morning of Friday, April 7, 2017, detectives from MVNI noticed Joseph Sergio Crivici’s
vehicle parked outside the home of Hopper. Crivici and Donaldson left the residence and entered a
silver Lincoln carrying backpacks. The men drove to Hoppz’ Boulder where they remained for just
over one hour. Both Crivici and Donaldson then left the Boulder store and drove to Hoppz’ Delta.
When they arrived, both men went into the store and remained while several customers came and
went.
Later that same morning, Crivici and Donaldson left the Delta store and travelled to 2354 E. Platte
Avenue, a medical marijuana dispensary called Altitude Organic Medicine. The reader should note
that receipts from this store were found during the search warrants previously executed on the Hoppz’
Cropz stores. Altitude Organic Medicine appeared to be a source of supply where employees and or
supervisor level employees, such as Crivici and Donaldson, purchased marijuana for resale at the
Hoppz’ Cropz stores.

19

 Tax Evasion
As MVNI detectives continued their investigation it became increasingly clear from the undercover
buys, information retrieved during search warrants, and data from electronics retrieved during the
search, that Hoppz’ Cropz, LLC, and its owner managers Joseph Hopper, Adam Donaldson, Dara
Wheatley or Joseph Sergio Crivici paid little to no state or local taxes on retail sales.5 Accordingly,
MVNI detectives reached out to and began working with special agents6 from the Colorado
Department of Revenue (CDOR).
CDOR records indicated Dara Wheatley applied for a sales tax license in July of 2016 using the
Colorado Business Express portal and received a sales tax license for Hoppz’ Cropz. The application
stated Hoppz’ Cropz would be conducting retail sales and specifically listed products being sold as
suckers, papers, memos, playing cards, bongs, pipes rigs, sports memorabilia and bottled water. At
the time of the application, Wheatley estimated monthly sales at $15/month or less, which would have
made the business an annual filer. The business should have filed a sales tax return on January 20,
2017 for sales in 2016. If no sales had occurred in 2016 the business should have filed a zero dollar
return on January 20, 2017. However, Hoppz’ Cropz never filed a return showing either “sales” or
“no sales” as required.
Even though Hoppz’ Cropz and its coconspirator owners, managers and employees conducted
significant retail sales, Dara Wheatley closed the sales tax account on February 6, 2017. Due to the
business having failed to file any returns, including a zero amount return, the CDOR sent a non-filer
notice on March 8, 2017. On March 17, 2017 a “Notice of Deficiency” was sent to the business
based on the CDOR generating an estimated return. Despite the warning inherent in these notices and
Wheatley’s earlier registration for a sales tax license, no payments or amended returns have been filed
by either managers, owners or employees of Hoppz’ Cropz. As the MVNI detectives coordinated
their investigation with CDOR special agents the questioning of Hoppz’ Cropz employees shifted
subtly and they began inquiring into tax liabilities during undercover operations.
On Friday, April 14, 2017, undercover Detective Michael Hughes again made purchases of marijuana
at both Hoppz’ Cropz stores. At Hoppz’ Boulder, Detective Hughes again contacted Ms. Marcee
Smith, and explained that he had not been to the store before. Ms. Smith asked for Detective Hughes’
ID and photocopied it. She next brought out a single sheet of paper with typed information on it
stating that he the customer was over the age of 21 and understood Amendment 64. She then said
Detective Hughes was a now a member of Hoppz’ Cropz and he was asked to sign the form. Hoppz’
Cropz employee Marcee Smith explained a “reimbursement” process through which the customer
reimburses the store for the electricity, nutrients, and “everything that actually goes into the growth of
the plants.” When the detective handed the Hoppz’ employee two $20 bills to pay for a $40 purchase,
he asked her, “No taxes on that?” The employee laughed and responded, “No taxes.” The detective
purchased marijuana with an approximate weight of 1.66 grams and suspected marijuana concentrate
with an approximate weight of 1.4 grams.
5

A person or business having a permanent location where retail sales are conducted on a regular basis must obtain a
standard sales tax license. The filing frequency is determined by the amount of sales tax collected monthly. The following
are the required filing frequencies based on monthly sales for the State of Colorado as published on the Colorado
Department of Revenue website: $15 or less per month: sales tax returns may be filed annually; Under $300 per month:
sales tax returns may be filed quarterly; $300 or more per month: sales tax returns must be filed monthly; Businesses that
pay more than $75,000 per year in state sales tax must pay by Electronic Funds Transfer. Sales tax returns are to be filed
based on the reporting requirement. Annual sales tax filers must file on January 20th of the year preceding the reporting
year. Quarterly sales tax filers must file on the 20th day of the month following the reporting quarter. Monthly sales tax
filers must file on the 20th of the month following the reporting month. If the due date falls on a weekend or holiday then
the return is due the next business day. If there are no taxable sales during a filing period, a zero return must be filed.
Failure to file will result in a non-filer notice being sent, which will be filed by an estimated bill.
6 CDOR special agents possess access to a database of sales tax returns submitted by individuals and organizations to the
CDOR itself.

20

 At the Delta store on this date, the undercover detective again made a purchase of marijuana. When
he gave Hoppz’ Cropz employee Raylene Rubio the cash to pay for this purchase, the detective
remarked that he did not like paying taxes for marijuana. The employee replied, “No taxes.” The
detective purchased marijuana with a total approximate weight of 3.2 grams, called “Gilz Nilz.”
Second Search Warrant
On May 2, 2017, Detective Kerry Linfoot once again completed a search warrant for both Hoppz’
Cropz locations and the residence of Donaldson and Crivici. The search warrants were reviewed and
signed by Judge Wilson, on May 2, 2017, and executed on May 2, 2017. During the searches of the
Hoppz’ Cropz stores and the residence, detectives seized approximately 10,652.43 grams of
marijuana and marijuana products, along with a shotgun, 26 marijuana-infused vape cartridges, 0.6
grams of methamphetamines, and $8,132.00 in U.S. currency. Daily totals from register receipts
found at the three locations put the daily proceeds for the Boulder and Delta stores combined at
$82,549 for 2017. Additionally, a cumulative total for sales taken from a single daily receipt dated
April 30, 2017, indicated the total amount of sales at $417,265. On some daily receipts for 2017 there
is a tax category on the receipt, which reflects $4,865 in tax was collected at the retail stores but not
remitted.
The receipt books seized during the second search warrant had purchase receipts written for shake
and edibles in the amount of $2,675 and approximately $1,051 dollars in raw cones, silicone dabbers,
and similar items. Further, the receipt books showed $6,136 dollars had been paid to employees in
2017. The $6,136 does not include receipts written to employees when a date was not noted.
During the execution of these warrants, receipts and financial documentation obtained by law
enforcement officials indicated several sources for the marijuana sold in the Hoppz’ Cropz stores
were medical marijuana dispensaries. Receipts showed quantities of marijuana and marijuana
concentrate being purchased from, among other stores, Altitude Organic Medicine. Some of the
receipts recovered continued to indicate Adam Donaldson purchased medical marijuana from Altitude
Organic Medicine. Close in time to the execution of the May 2, 2017 search warrants, detectives
interviewed a co-owner and several employees of the Hoppz’ Cropz stores.
On or about May 2, 2017, Joseph Sergio Crivici, in his capacity as owner and high managerial agent
of Hoppz’ Cropz, attempted to influence Colorado Springs Police Department Detective Nick Bayne,
by means of deceit and with the intent thereby to alter or affect the detective’s decision, vote, opinion,
or action concerning his investigation into the Hoppz’ Cropz drug distribution conspiracy. When
questioned by the detective – who had identified himself as law enforcement - Mr. Crivici stated that
he was a new owner at the Hoppz’ Cropz store who had only been working at and only owned the
store for a few days, when in fact he had been working at the store and a part owner for several
months. Indeed, Mr. Crvici told another law enforcement officer that he had only been an owner of
the store for six weeks.
On or about May 2, 2017, Nicole Sandoval and Victoria Fernandez both attempted to influence
Colorado Springs Police Department Sergeant Roger Vargason, by means of deceit and with the
intent thereby to alter or affect the detective’s decision, vote, opinion, or action concerning his
investigation into the Hoppz’ Cropz drug distribution conspiracy. When questioned by Vargason –
who had identified himself as law enforcement - Both Ms. Sandoval and Ms. Fernandez explained
that they were volunteers working at the Hoppz’ Cropz store, when in fact they were each paid
employees working “under the table” to help the business avoid paying wage withholding taxes to the
Colorado Department of Revenue.

21

 On or about May 2, 2017, Ashley Hefner attempted to influence Colorado Springs Police Department
Detective Nick Bayne, by means of deceit and with the intent thereby to alter or affect the detective’s
decision, vote, opinion, or action concerning his investigation into the Hoppz’ Cropz drug distribution
conspiracy. When questioned by the Detective Bayne – who had identified himself as law
enforcement - Ms. Hefner stated that she was a volunteer working at the Hoppz’ Cropz store, when
in fact she was a paid employee working “under the table” to help the business avoid paying wage
withholding taxes to the Colorado Department of Revenue.
After executing the search warrants, the detectives viewed security footage from the stores showing
many instances of unlawful distribution of marijuana by the employees of and an owner of Hoppz’
Cropz. Just a handful of these illegal distributions include but are not limited to the sales by the
below listed individuals at the times, dates and locations listed in the chart immediately below:
Name

Date of Sale 1

Date of Sale 2

Date of Sale 3

Date of Sale 4

Date of Sale 5

4/30/17 - 1630 hrs.
(Delta - Sec. Cam)

4/30/17 - 1650 hrs.
(Delta - Sec. Cam)

4/30/17 - 1653 hrs.
(Delta - Sec. Cam)

5/17/17 1649 hrs.
(Delta - UC)

5/2/17 - 1138 hrs.
(Boulder - Sec. Cam)

4/30/17 - 1648 hrs.
(Delta - Sec. Cam)
5/2/17 - 1147 hrs.
(Boulder - Sec.
Cam)

5/2/17 - 1155 hrs.
(Boulder - Sec. Cam)

5/2/17 - 1203 hrs.
(Boulder - Sec. Cam)

5/2/17 - 1208 hrs.
(Boulder - Sec. Cam)

Victoria
Fernandez

4/29/17 - 1120 hrs.
(Delta - Sec. Cam)

4/29/17 - 1141 hrs.
(Delta - Sec. Cam)

4/29/17 - 1143 hrs.
(Delta - Sec. Cam)

4/29/17 - 1154 hrs.
(Delta - Sec. Cam)

4/29/17 - 1208 hrs.
(Delta - Sec. Cam)

Nicole
Sandoval

4/30/17 - 1650 hrs.
(Delta - Sec. Cam)

4/30/17 - 1652 hrs.
(Delta - Sec. Cam)

4/30/17 - 1656 hrs.
(Delta - Sec. Cam)

4/30/17 - 1700 hrs.
(Delta - Sec. Cam)

4/30/17 - 1718 hrs.
(Delta - Sec. Cam)

Melissa
Colmus

11/11/16 1510 hrs.
(Delta - UC)

11/16/16 - 2115 hrs.
(Delta - Sec. Cam)

11/16/16 - 2118 hrs.
(Delta - Sec. Cam)

11/16/16 - 2121 hrs.
(Delta - Sec. Cam)

11/16/16 - 2122 hrs.
(Delta - Sec. Cam)

Raylene
Rubio

11/9/16 - 1446 hrs.
(Boulder - UC)

11/16/16 - 1530 hrs.
(Boulder - Sec.
Cam)

11/16/16 - 1533 hrs.
(Boulder - Sec. Cam)

11/9/16 - 1537 hrs.
(Boulder - UC)

12/8/16 1632 hrs.
(Delta - UC)

Marcee
Smith

11/11/16 1540 hrs.
(Boulder - UC)

11/16/16 1910 hrs.
(Boulder - Sec.
Cam)

11/16/16 1920 hrs.
(Boulder - Sec. Cam)

12/8/16 1715 hrs.
(Boulder - UC)

5/17/17 1629 hrs.
(Boulder - UC)

Dara
Wheatley

11/15/16 1037 hrs.
(Delta - Sec. Cam)

11/15/16 1040 hrs.
(Delta - Sec. Cam)

11/15/16 1044 hrs.
(Delta - Sec. Cam)

11/15/16 1046 hrs.
(Delta - Sec. Cam)

11/15/16 1055 hrs.
(Delta - Sec. Cam)

Alejandra
Gonzalez
Ashley
Hefner

Money Laundering Activity by Members of the Enterprise
Financial investigators examined banking transactions of certain members of the Hoppz’ Cropz
enterprise. The investigators discovered that from July of 2016 until the present day Dara Wheatley
and Adam Donaldson engaged in various money laundering transactions with the apparent proceeds
derived from the illegal distribution of marijuana at the Hoppz’ Cropz stores. The other members of
the enterprise including JOSEPH HOPPER, JOSEPH SERGIO CRIVICI, HOPPZ’ CROPZ, LLC,
DERRICK BERNARD, NATHAN BERNHEISEL, VICTORIA FERNANDEZ, MARCEE SMITH,
ALEJANDRA GONZALEZ, RAYLENE RUBIO, NICOLE SANDOVAL, ASHLEY HEFNER,
MELISSA COLMUS, conspired and or stood complicit in this money laundering behavior as it
advanced the enterprise as a whole and each member profited personally from their co-conspirators’
money laundering behavior.

22

 An example of this behavior includes, but is not limited to, multiple financial transactions involving
United States currency. These are known to be transfers of money by members of the enterprise, and
Dara Wheatley and Adam Donaldson in particular, made with the intent to promote the commission
of the criminal offense including, but not limited to, the illegal distribution of marijuana and
marijuana concentrate. Specifically, Ms. Wheatley and Mr. Donaldson transferred or transmitted
moneys and proceeds of illegal distributions to pay bills and to keep utility services active for the
Hoppz’ Cropz business locations. Moreover, Ms. Wheatley and Mr. Donaldson transmitted or
transferred moneys, including some proceeds of illegal distributions, to purchase supplies for future
sales and pay advertising costs for the commission of future illegal activity, including the illegal
distribution of marijuana and marijuana concentrate.
Adam Donaldson – Pueblo Bank and Trust, Account # XXXXX9943
Between July of 2016 and the present, as demonstrated below with specific examples, Mr. Donaldson
transferred proceeds of the illegal marijuana distribution or by:
a) Making payments to ADT, Colorado Springs Utilities and Springs Waste Systems. Bills
addressed to the store show utility payments being made for security monitoring, electrical
and waste removal. These services help the business to run by keeping the power on,
removing waste from the stores, and keeping the stores secure;
b) Making payments/purchases to CA Wholesale, Oriental Imports and East Grow Warehouse
for supplies for the store, such as marijuana paraphernalia and t-shirts. These purchases aid in
keeping the business operating and assists in advertising to obtain future revenue;
c) Making a payment to the landlord of the Hoppz’ Cropz location on Boulder Street, thereby
keeping the doors open to enable the DTO to do business;
d) Making purchases to Adobe Creative Cloud and Vista Print for the purpose of website and
business card advertising. This assists in advertising for the business to increase visibility and
customer base for continued and future sales;
e) Making purchases from Modern Medicine, a marijuana dispensary in Colorado Springs,
Colorado, for the “gifted” marijuana given as the free gift with purchase.
Cash In / Cash Out
Analysis of Mr. Donaldson’s account also revealed that, between July 18, 2016, and February 18,
2017, Mr. Donaldson made forty six cash deposits totaling $62,130.00. These were all cash and not
deposited by a known employer in the form of payroll, nor could these be tied to a legitimate source.
There are several cash withdrawals from Mr. Donaldson’s account between July 18, 2016, and
September 28, 2016, totaling $21,709.54. Since there appears to be no other legitimate source of
income for Mr. Donaldson, in looking at both his bank account and Federal Wage/Income Transcripts
(i.e.W-2 and 1099 information) for income, it would appear that his money is coming from the
Hoppz’ Cropz stores, at which he occupies a high level managerial role and/or an ownership tie to the
company.
In a period of time between July, 2016, and May, 2017, Donaldson –by way of his red card- was
identified as having purchased $20,210.70 of medical marijuana at Altitude Organic Medicine,
LivWell, and Pain Management Solutions. This marijuana was resold through Hoppz’ Cropz.

23

 Finally, statements from the landlords for 750 E. Cimarron, the address at which Mr. Donaldson
resides, indicate that rent payments were made in cash. This may account for some of the cash
withdrawals made by Mr. Donaldson.

Eleven cash withdrawals between 7/18/16 and 9/28/16 totaling $21,709.54
Monthly payments to Adobe Creative Cloud, a business software expert company, for $19.99
between 8/26/16 and 01/26/17
Two payments to ADT Security: 8/12/16 for $603.00 and 8/22/16 for $103.49
One payment to Bonicelli-Hinton LLC (Hoppz’ Landlord Boulder Location) for $4605.00
One payment to CA Wholesale on 9/13/16 for $165.00
One payment to Colorado Springs Utilities on 9/25/16 for $914.84
Four payments to East Grow Warehouse (2 in August 2016 and 2 in September, 2016) totaling
$300.67
Eighteen total payments to Modern Medicine (d/b/a Altitude Organic Medicine) between
8/16/16 and 11/3/16 totaling $3,627.11
One payment to Oriental Imports on 9/26/16 for $3,214.20
One payment to Purple Mountain Hydro on 9/22/16 for $45.95
One payment to Springs Waste Systems on 8/9/16 for $62.00
Nine payments to Vista Print between 7/22/16 and 12/8/16 totaling $395.93
Dara Wheatley – JPMorgan Chase, Account # XXXXX0335
As demonstrated below with specific examples, between July of 2016 and the present, Ms. Wheatley
shows behaviors of transmitting or transferring proceeds and/or other money by:
a) Making payments to Colorado Springs Utilities and Springs Waste Systems for bills
addressed to and of the store. These records show utility payments being made for electrical
and waste removal, which helps enable the business to run by keeping the power on,
removing waste from the stores;
b) Making a payment to the Colorado Secretary of State’s Office to register Hoppz’ Cropz, LLC
as a Colorado business;
c) Making payments/purchases Oriental Imports and West Grow Warehouse for supplies for the
store, such as marijuana paraphernalia and t-shirts. These purchases aid in keeping the
business operating and assist in advertising to acquire future business and revenue;
d) Making purchases to Vista Print for the purpose of advertising. This assists in advertising for
the business to increase visibility and the customer base;
e) Making payments to Comcast for service at the stores.
Cash In / Cash Out
Analysis of Ms. Wheatley’s account also revealed that, between January 7, 2016 and March 21, 2017,
Ms. Wheatley made ninety six cash deposits (including ATM and transfers) totaling $68,087.27.
These were all cash or transfer and not deposited by a known employer in the form of payroll nor
could these be tied to a legitimate source. $18.980.92 was in the form of electronic transfer from the
following: Joseph Hopper with fourteen transfers totaling $10,255.92; “Alejandro Gonzalez”

24

 (believed to actually be Alejandra Gonzalez) with four transfers totaling $625.00; one transfer from
Joseph Crivici totaling $1,100.00 and seven transfers from an unidentified party totaling $7,000.00.
There are several cash withdrawals from Ms. Wheatley’s account, including ATM and transfers,
between January 4, 2014 and December 10, 2016 totaling $18,140.49. $4,390.00 was in the form of
electronic transfer to the following: “My Love” (presumably her fiancée Joseph Hopper) with six
transfers totaling $3,030.00; one transfer to “Vegas Joe” (presumably Joseph Crivici, as he had
previously resided in Las Vegas) for $1,050.00; and two transfers to “Poppo/PDppo” (presumably
Adam Donaldson (A.K.A. “Popz”)) for $310.00. There appears to be no other legitimate source of
income for Ms. Wheatley, other than approximately $2,367.00. In looking at both her bank account
(which showed only $262.71 deposited) and the 2016 income tax return she filed in Colorado, it
appears that the vast majority of her money came from the Hoppz’ Cropz stores revenue, in which she
occupies a high level managerial and/or ownership position.
The landlords for 750 E. Cimarron, Ms. Wheatley’s residence, indicate that rent payments were made
in cash which may account for some of the cash withdrawals made by Ms. Wheatley.
Thirty two cash withdrawals between 1/4/16 and 12/12/16 totaling $18,140.49
One payment to the Colorado Secretary of State for $50.00
Nine payments to Comcast between 11/2/16 and 2/3//17 totaling $2,543.29
Seventeen payments to Colorado Springs Utilities between 1/8/16 and 3/2/17
totaling $6,478.63
Three payments to West Grow Warehouse on 2/22/16, 6/9/16 and 6/20/16 totaling
$128.29
One payment to Oriental Imports on 1/3/17 for $364.20
Nine payments to Century Link between 3/2/16 and 1/8/17 totaling $823.51
Seven payments to Springs Waste Systems between 2/16/16 and 1/25/17 totaling
$541.25
One payment to Vista Print on 10/26/16 for $147.99
On numerous occasions, as described in greater detail in the below Predicate Acts, specific members
of the enterprise unlawfully used their cell phones’ text messaging or email via social media
platforms –such as Face Book- to facilitate distribution of marijuana or the conspiracy to distribute a
marijuana from the stores.
PREDICATE ACT 1
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about March 29, 2017, at 10:38:48 a.m. (UTC-6) in and triable in the State of Colorado, Nicole
Sandoval and a person known to the Grand Jury did knowingly or intentionally use a
communications facility, namely, a wire, telephone and/or other means of communication, to
facilitate the commission of a felony, namely, distribution of a controlled substance, possession with
the intent to distribute a controlled substance and/or conspiracy to distribute a controlled substance in
violation of 21 U.S.C. §§841 and 846, such use of a commmunications facility being unlawful, and in
violation of 21 U.S.C. §843.

25

 PREDICATE ACT 2
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about April 19, 2017, at 4:04:10 p.m. (UTC-6) in and triable in the State of Colorado, Nicole
Sandoval did knowingly or intentionally use a communications facility, namely, a wire, telephone
and/or other means of communication, to facilitate the commission of a felony, namely, distribution
of a controlled substance, possession with the intent to distribute a controlled substance and/or
conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§841 and 846, such use of a
commmunications facility being unlawful, and in violation of 21 U.S.C. §843.
PREDICATE ACT 3
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about April 20, 2017, at 12:16:41 p.m. (UTC-6) in and triable in the State of Colorado, Nicole
Sandoval did knowingly or intentionally use a communications facility, namely, a wire, telephone
and/or other means of communication, to facilitate the commission of a felony, namely, distribution
of a controlled substance, possession with the intent to distribute a controlled substance and/or
conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§841 and 846, such use of a
commmunications facility being unlawful, and in violation of 21 U.S.C. §843.
PREDICATE ACT 4
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about April 23, 2017, at 11:12:25 a.m. (UTC-6) in and triable in the State of Colorado, Nicole
Sandoval did knowingly or intentionally use a communications facility, namely, a wire, telephone
and/or other means of communication, to facilitate the commission of a felony, namely, distribution
of a controlled substance, possession with the intent to distribute a controlled substance and/or
conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§841 and 846, such use of a
commmunications facility being unlawful, and in violation of 21 U.S.C. §843.
PREDICATE ACT 5
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about May 2, 2017, at 10:09:14 a.m. (UTC-6) in and triable in the State of Colorado, Nicole
Sandoval did knowingly or intentionally use a communications facility, namely, a wire, telephone
and/or other means of communication, to facilitate the commission of a felony, namely, distribution
of a controlled substance, possession with the intent to distribute a controlled substance and/or
conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§841 and 846, such use of a
commmunications facility being unlawful, and in violation of 21 U.S.C. §843.
PREDICATE ACT 6
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about October 25, 2016, at 2:34:37 p.m. (UTC-7) in and triable in the State of Colorado,
Nathan Bernheisel did knowingly or intentionally use a communications facility, namely, a wire,
telephone and/or other means of communication, to facilitate the commission of a felony, namely,

26

 distribution of a controlled substance, possession with the intent to distribute a controlled substance
and/or conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§841 and 846, such
use of a commmunications facility being unlawful, and in violation of 21 U.S.C. §843.
PREDICATE ACT 7
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about November 6, 2016, at 1:59:17 p.m. (UTC-7) in and triable in the State of Colorado,
Nathan Bernheisel and Adam Donaldson did knowingly or intentionally use a communications
facility, namely, a wire, telephone and/or other means of communication, to facilitate the commission
of a felony, namely, distribution of a controlled substance, possession with the intent to distribute a
controlled substance and/or conspiracy to distribute a controlled substance in violation of 21 U.S.C.
§§841 and 846, such use of a commmunications facility being unlawful, and in violation of 21 U.S.C.
§843.
PREDICATE ACT 8
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about November 16, 2016, at 12:06:57 p.m. (UTC-6) in and triable in the State of Colorado,
Nathan Bernheisel and Dara Wheatley did knowingly or intentionally use a communications
facility, namely, a wire, telephone and/or other means of communication, to facilitate the commission
of a felony, namely, distribution of a controlled substance, possession with the intent to distribute a
controlled substance and/or conspiracy to distribute a controlled substance in violation of 21 U.S.C.
§§841 and 846, such use of a commmunications facility being unlawful, and in violation of 21 U.S.C.
§843.
PREDICATE ACT 9
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about November 17, 2016, at 01:42:08 p.m. (UTC-7) in and triable in the State of Colorado,
Nathan Bernheisel did knowingly or intentionally use a communications facility, namely, a wire,
telephone and/or other means of communication, to facilitate the commission of a felony, namely,
distribution of a controlled substance, possession with the intent to distribute a controlled substance
and/or conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§841 and 846, such
use of a commmunications facility being unlawful, and in violation of 21 U.S.C. §843.
PREDICATE ACT 10
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about November 17, 2016, at 1:51:08 p.m. (UTC-7) in and triable in the State of Colorado,
Nathan Bernheisel and Adam Donaldson did knowingly or intentionally use a communications
facility, namely, a wire, telephone and/or other means of communication, to facilitate the commission
of a felony, namely, distribution of a controlled substance, possession with the intent to distribute a
controlled substance and/or conspiracy to distribute a controlled substance in violation of 21 U.S.C.
§§841 and 846, such use of a commmunications facility being unlawful, and in violation of 21 U.S.C.
§843.

27

 PREDICATE ACT 11
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about April 29, 2017, at 9:05 p.m in and triable in the State of Colorado, Raylene Rubio,
Victoria Fernandez, Marcee Smith, Alejandra Gonzalez and Nicole Sandoval did knowingly or
intentionally use a communications facility, namely, a wire, telephone and/or other means of
communication, to facilitate the commission of a felony, namely, distribution of a controlled
substance, possession with the intent to distribute a controlled substance and/or conspiracy to
distribute a controlled substance in violation of 21 U.S.C. §§841 and 846, such use of a
commmunications facility being unlawful, and in violation of 21 U.S.C. §843.
PREDICATE ACT 12
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about May 2, 2017, at 9:05 p.m in and triable in the State of Colorado, Raylene Rubio and
Victoria Fernandez did knowingly or intentionally use a communications facility, namely, a wire,
telephone and/or other means of communication, to facilitate the commission of a felony, namely,
distribution of a controlled substance, possession with the intent to distribute a controlled substance
and/or conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§841 and 846, such
use of a commmunications facility being unlawful, and in violation of 21 U.S.C. §843.
PREDICATE ACT 13
Unlawful Use of a Communication Facility, 21 U.S.C. §843
On or about July 8, 2016, at 4:22:51 p.m (UTC-6) in and triable in the State of Colorado, Victoria
Fernandez did knowingly or intentionally use a communications facility, namely, a wire, telephone
and/or other means of communication, to facilitate the commission of a felony, namely, distribution
of a controlled substance, possession with the intent to distribute a controlled substance and/or
conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§841 and 846, such use of a
commmunications facility being unlawful, and in violation of 21 U.S.C. §843.
On or about March 29, 2017, at the times listed below, Nicole Sandoval and a party unknown to
the Grand Jury took part in the below text message conversation with one another in order to
facilitate the felony distribution of a controlled substance, possession with the intent to distribute a
controlled substance and/or conspiracy to distribute a controlled substance. The entire text
conversation has been included for context.

28

  

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Folder: Minx
1W 329/2017 10:38:48 

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"Ml: 3129/2017 10:3?7 MIMIC-6)

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3/29/2017 ?3951 



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{gm
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Hawk W17 10:41:19 ANNIE-6)

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29

 

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lnboat
Tinesump: 3/29/201710:43:11 MIMIC-6)



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?I'llnestunp: 3129:2017 10:49:48 
Delivered:

To: 47194325713 Alyssa Martinez



W: actually 


 

To: 447194325718 Alyssa Malina

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+14054720057
lnbox
1W 3/29/2017 10:54:23 MIMIC-6)



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i5??

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Finn: 47194325118 Alyssa Mm;

 

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hm +17194325718 Alyssa Moe:



On or about April 19, 2017, at the times listed below, Nicole Sandoval and a party unknown to the
Grand Jury took part in the below text message conversation with one another in order to facilitate
the felony distribution of a controlled substance, possession with the intent to distribute a controlled
substance and/or conspiracy to distribute a controlled substance. The entire text conversation has
been included for context.

32

 On or about April 20, 2017, at the time listed below, Nicole Sandoval and a party unknown to the
Grand Jury took part in the below text message conversation with one another in order to facilitate
the felony distribution of a controlled substance, possession with the intent to distribute a controlled
substance and/or conspiracy to distribute a controlled substance.

33

 On or about April 23, 2017, at the time listed below, Nicole Sandoval and a party unknown to the
Grand Jury took part in the below text message conversation with one another in order to facilitate
the felony distribution of a controlled substance, possession with the intent to distribute a controlled
substance and/or conspiracy to distribute a controlled substance.

On or about May 2, 2017, at the time listed below, Nicole Sandoval and Chase Andrisko took part
in the below text message conversation with one another in order to facilitate the felony distribution
of a controlled substance, possession with the intent to distribute a controlled substance and/or
conspiracy to distribute a controlled substance.

34

 Between on or about October 25, 2016, and November 4, 2016, at the times listed below, Nathan
Bernheisel and a party unknown to the Grand Jury took part in the below Facebook message
exchange in order to facilitate the felony distribution of a controlled substance, possession with the
intent to distribute a controlled substance and/or conspiracy to distribute a controlled substance. The
entire Facebook message conversation has been included for context.

35

 Between on or about November 6, 2016, and November 16, 2016, at the times listed below, Nathan
Bernheisel and a party unknown to the Grand Jury took part in the below Facebook message
exchange in order to facilitate the felony distribution of a controlled substance, possession with the
intent to distribute a controlled substance and/or conspiracy to distribute a controlled substance. The
entire Facebook message conversation has been included for context.

36

 Extraction:

Physical

Source file:

Participants

Phil Markham 100000178298824

[owner] Nathan Shanley Leone 100004163202183

Conversation

- SelectIDeselect Enter text to ?lter

Phil Markham ?3

well [was going to ask you if you
were still in the game around here

but I guess your afew to many miles
away

 

2:31:37 

Nathan Shanley Leone

Lol ya sorry bud I can put you on
and let them know

11i6l2016 2:34:05 

Phil Markham
looking for the snow man

1176,0016 2:35:37 

 

Source ?le:

Participants

Phil Markham 100000178298824

(owner) Nathan Shanley Leone 100004163202183

Conversation

- SelchDeselect Entertextto 

 

Phil Markham 

right on man been looking for
someone I can trust with good shit

11761?2016 2:40:00 

03

Phil Markham

have him hit me up on here

 

11f6g?2016 2:42:23 

Nathan Sha nley Leone

This is the kid then he's on the
 evel.I'll have him on here

117612016 2:46:29 

Phil Markham

brotha let's keep in touch

[25' Goto'


A



[75' Goto'


A

LJHILUILULU Judi-Li.) 
Number of attachments: 0
Extraction: Physical

Source ?le:

Participants

Phil Markham 100000178298824
(owner) Nathan Shanley Leone 100004163202183

Conversation {59 Go to 
SelectIDeselect Enter text to ?lter 
A
Phil Markham 
looking for the snow man
11/612016 2:35:37 
Phil Markham 

that's fucking awsome tho that
your doing what you love

 

11/619016 2:36:32 

Nathan Shanley Leone

Ya bro I love in can call my boy
and have him take care of you he's
a good dude so 

 

2:38:27 

 

Phil Markham ?3 
Source ?le:
Participants

Phil Markham 100000178298824

(owner) Nathan Shanley Leone 100004163202183

Conversation

{9 Goto'

- Enter text to at
A

 

Phil Markham ?3
brotha let's keep in touch

1176,0016 2:47:41 

Nathan Shanley Leone

Dec be good bro and his name is
Dan so you will be hearing from
him be good or good at it brother
I'm going to get you some money
to

1 1! 6,120 16 3:30:56 

Phil Markham

we can forget the moneyjust tell
your guy to treat me good

 

1176,0016 3:32:28 

37

On or about November 16, 2016, at the times listed below, Nathan Bernheisel and Dara Wheatley
took part in the below text message conversation with one another in order to facilitate the felony
distribution of a controlled substance, possession with the intent to distribute a controlled substance
and/or conspiracy to distribute a controlled substance.

38

 On or about November 17, 2016, at the time listed below, Nathan Bernheisel sent the following text
message to Adam Donaldson in order to facilitate the felony distribution of a controlled substance,
possession with the intent to distribute a controlled substance and/or conspiracy to distribute a
controlled substance. This message references an incident when Derrick Bernard and Nathan
Bernheisel were sleeping at Hoppz’ Boulder and Bernard confronted some people outside the store
with a firearm.

On or about November 17, 2016, at the times listed below, Nathan Bernheisel and Adam
Donaldson took part in the below text message conversation with one another (referring to another
employee, Raylene Rubio) in order to facilitate the felony distribution of a controlled substance,
possession with the intent to distribute a controlled substance and/or conspiracy to distribute a
controlled substance. The entire text conversation has been included for context.

39

 On or about April 29, 2017, at the times listed below, Raylene Rubio, Victoria Fernandez, Marcee
Smith, Alejandra Gonzalez, Nicole Sandoval, and parties unknown to the Grand Jury took part
in the below text message conversation with one another in order to facilitate the felony distribution
of a controlled substance, possession with the intent to distribute a controlled substance and/or
conspiracy to distribute a controlled substance. The entire text conversation has been included for
context.

40

 Hoppz Cropz
Active last week

Noti?cations
Nicknames
Color

Emoji

Set Event Reminder

Add People

Alejandra Gonzalez

I already made a
,se?edule for next week

for the boulder

is opening,

Laura ls closing. .3.
I can work the morning at
Boulder.

Yep.

Oh Okay cool

We got it?

i'wwir I -i

Hey ladles we are
opening shop back up
mm 
be able to open who can
come in to open me
and who can work night
shift

Also who can open
boulder and be there to

 

,Ol/Okay cool



We got it 0

50 me and tori can open
who can close for Delta
also Tori he said we need

there to be early

I'll close



  
 

Alsoxwho can open
[header and be there to
close please let me know
asap kus I have to let
hopp know

I already made a
schedule for next week
for the boulder
is opening,

0? Laura is closing. ,5

    

 

I'll close

I?ll ask for specific time

I'm I) on :4 hungover but
I'm mere 

rn close a

 

  

l?ll open With you

If I need to

41

On or about May 2, 2017, at the times listed below, Raylene Rubio and Victoria Fernandez took
part in the below text message conversation with one another in order to facilitate the felony
distribution of a controlled substance, possession with the intent to distribute a controlled substance
and/or conspiracy to distribute a controlled substance. The entire text conversation has been included
for context.

42

 Between on or about July 8, 2016, and October 3, 2016, at the times listed below, Victoria
Fernandez and a party unknown to the Grand Jury took part in the below conversation via
Twitter with one another in order to facilitate the felony distribution of a controlled substance,
possession with the intent to distribute a controlled substance and/or conspiracy to distribute a
controlled substance. The entire Twitter conversation has been included for context.

43

 Dara Wheatley’s Income Tax Evasion and Filing of a False Return
The CDOR maintains a database of income tax returns submitted by individuals and organizations.
During May of 2017, an examination was performed for records contained in the CDOR database for
Dara Wheatley who had filed Colorado individual income tax returns for 2016 on or about April 18,
2017. CDOR records indicate that Wheatley had not previously filed income tax in the State of
Colorado. Included in the CDOR data base is the Federal income tax filing, including: a schedule C,
Schedule SE, and W-2 forms. The schedule C is the profit and loss from a business and is used when
the profit or loss of said business is to flow through to the individual. Wheatley’s Schedule C forms
included with her return stated the business to be Hoppz’ Cropz LLC. The CDOR has access to
certain federal information. During May of 2017, a request of Wheatley’s Federal Income tax returns
was submitted to the Internal Revenue Service (IRS) including transcripts for tax year 2016 with a
request for the certified returns (not yet received).
Wheatley’s 2016 Federal income tax return was recalculated based on the best information available,
with Wheatley as the sole member of Hoppz’ Cropz LLC. This resulted in re-calculating the Profit or
Loss from a Business on Schedule C and Self-Employment Tax on Schedule SE on the Federal
income tax return.
The recalculation was based on the Gross Receipts reported of $36,452 being under reported. The
assertion that the gross receipts were under reported is due to the information contained in a
ledger/journal during a search warrant executed in November of 2016 that listed daily sales totals
from July 15, 2016 through November 4, 2016. The ledger/journal entries for daily sales totaled
$410,608.
As the gross receipts were adjusted to reflect the amounts in the ledger/journal the expenses and cost
of goods were also adjusted reflecting higher amounts to offset the higher gross receipts.

44

 Expense credits were re-calculated on the Schedule C. Credits for the amounts reported were
combined with additional amounts in categories of rent, wages, supplies, phone, taxes and fees.
Additional advertising credit was given and credit was given for items appearing to be business
expenses found in a receipt book during search warrants executed in November 2016 and May 2017.
Total business expenses were determined to be $90,955.67.
Category
Rent
Payroll
Receipt Book
Taxes/Fees
Per Schedule C
filed
Utilities
Advertising
Telephone
Supplies
Total

Estimate Amount
$14,700
17,387
28,092
2,149
19,798
7,019.88
897.99
823.51
128.29
$ 90,995.67

The cost of goods was recalculated using the total combined marijuana purchases of three individuals,
none of whom were reported to be Wheatley, a single wholesale purchase attributed to Wheatley and
the amount reported on the Schedule C filed by Wheatley. The total amount of cost of goods was
calculated to be $42,694.66.
Schedule C (profit or loss from a business) was calculated using gross receipts less Cost of Goods and
expenses. The results of schedule C were a profit of $276,918.
Schedule C
Gross Receipts

$410,608

Cost of Goods

42,695

Expenses

90,996

Profit/Loss

$276,918

45

 A Schedule SE is a federal tax form used to determine the tax due on net earnings from selfemployment. Schedule SE (self-employment tax) was re-calculated using the profit determined on
Schedule C. The results of schedule SE were a self-employment tax of $22,110 and a selfemployment tax deduction of $11055.
Schedule SE
Net Profit or (loss) Schedule C

Line 2

$276,918

Total Income less approved reductions

Line 3

$276,918

Self-Employment Tax - $118,500 or more
multiply by .029 plus $14,694

Line 5

$22,110

Report on line
57 of 1040

$11,055

Report on line
27 of 1040

Deduction for 1/2 of self-employment tax - Line
5 multiplied by .50

Line 6

Recalculation of Federal income tax 1040 for tax year 2016 resulted in a Federal tax liability of
$90,222. The calculation was based on Wheatley filing as single with one exemption. Total income
was reduced by SE deduction to compute the Adjusted Gross Income of $268,230. The Adjusted
Gross Income was reduced by subtracting the allowable standard deduction and credit for one
exemption resulting in a Federal taxable income of $257,880.
Colorado Income Tax was calculated by taking the amount of Total Taxable Income from the Federal
Return and applying the Colorado State Income Tax rate of 4.63% for a total amount due of $11,940
less withholding in the amount of $42. As Wheatley filed a return that resulted in a refund of $42
being issued that amount was added to the amount due.
According to the analysis, Wheatley filed a false Colorado Income tax return when she filed a return
stating a negative amount of Federal Taxable Income which ultimately resulted in a refund of $42
from the State of Colorado being issued on April 27, 2017. The correct amount of tax due the State
of Colorado is $11,898 ($257,880*.0463 [Colorado individual income tax rate] less amount of
withholding reported $42) of Colorado income tax in tax year 2016. However the amount due is
$11,940 as the amount paid by the State of Colorado as a refund is added back to $11,898.
Tax Year

2016
Total

Social
Security
Number
XXX-XX4179

CO Taxable
Income

CO Tax
Withheld

Refund
Received

CO Tax
Owed

$11,940

$42

$42

$11,940
$11,940

46

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08/31/16

Leo Phillips
William Holt, Jr.
Lourdes Russell
Kei'Andre C.
Anthony S. Maxeiner
Andrea Pagan
Fred. W. Bake
Andrew King
Sherman Bead
Chris Driver
Peggy Schmeckpeper
Vernon Colbert
Courtney Washington
Daniel DeHerrera
Carol Richardson
Richard St.Louis
Ray Flores
Pedro J. Cruz
Kaci Rowley
Robert Osbourn
Bruce Hughes
Brenda Phillips
Eric Ashby
Martina Quintanilla
Tina Miles
Thomas Buckner
Lucious Welly
Dustin Thom
Robert Lahr
Robert Lee
K. Jones
Reggie Wright
Holly Hurtado
Gregg Huphrys
Eddie Smith
Hunam Ducommon
Justin Wood
Linda Brown
Arthur Clifford Garcia
Hugo Preciado
Holly Sorell

“ATTACHMENT A”
0251
0934
0578 (TX)
0829
0036 (MO)
0483
1822
4811
9316
7103
0323-72-0260
0463
2287 (TN)
0776
0256
0699 (CO)
0268
0699
0580
1189
0261
0049
1644
7663
9971
9431
8523
4511
5690
4642
1931
7247
4728
1133
6175
6113
6611
8785
3270
0312
0768

719-216-8026/cemetarygate23@gmail.com
956-570-4592/lourdesrussell@gmail.com
scottanthony78@gmail.com
719-639-0949/andreaspagan17@gmail.com
720-481-8463
719-482-4731
360-770-1660/driver7163@gmail.com

321-525-1589/cnwashington1984@icloud.com
719-419-4858/deheerrerada2@gmail.com
cjr122432cjr@gmail.com

719-354-5996/kacirowley@gmail.com
719-355-4740/iceman2976@yahoo.com
719-290-0884
719-291-7418/eashby79@gmail.com
515-257-0653
515-266-7448
706-294-8400/thomasb@hotmail.com
720-628-2142/jonezjugg8@gmail.com
719-578-5399/lahr719@gmail.com
75kjones.kj@gmail.com
400-240-6017/reginald.wright@yahoo.com
719-220-0813/hollisugar420@yahoo.com

47

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09/08/16

Stacy Holly
Vincent Robinson
Shaun McNemar, Sr.
Joseph Lafferty
Jerrod Buice
Jennifer A. Mason
Rafael Camargo
Ronald Hearn
Crystal Pope
Javier Cruz
Paul Dunlap
Tanesha Jones Murry
John Mata
Anthony Hoder
Nichole Smith
Manasia Smith
Kelly Garriott
Doris Moment
Kevin Johnson
Karen Barnett
James Barnett
Donald R. Ord
Raylene Rubio
Patricia Goodrich
Philip Thompson
Anita Jones
Jancel/Janel Miller
Devin Smith
Nicholas Chandler
Tyler Kennedy
Ronnie Corey
Ed Fromm
Edward Rubio
Romeo Sudaria
Cedric Davis
Ronald C. Jones
Robert Lozen
Charles W. Cox
LaToia Neal
Davonte Thompson
Matthew Reed
Bryan Myers
Ural Jackson

0617
01DK
0953
0383
0636
0739
1206 (CO)
4719
0650
1887
0327
0252 (CO)
1008
0453
9844
0328
4432
8919
9862
4703 (MO)
7001 (MO)
6524
0489
0478
0257
9256
2881
0901
0545
0397 (CO)
0492
422
1329
1319 (CO)
7852
1123
0112
1974
0911
8002 (CA)
0852 (CA)
4889
8221

719-337-8561/zeusware1986@yahoo.com
719-213-9274/jerrod.buice@yahoo.com
302-276-5802/italiana_bonita@yahoo.com
719-722-4464/camargor91@gmail.com
719-495-9563/pope_amy2008@gmail.com
719-644-4489/dbonethugs11@gmail.com
719-460-4167
361-571-8943/jmmata1965@yahoo.com
214-753-7050/nickismithh@gmail.com
713-514-4300/banditskel@aol.com
ms.thingthing2@yahoo.com
303-304-7001/klj18@msn.com

719-360-4655
720-982-3683/braceyshort@gmail.com
719-964-6248/anitajones2000@gmail.com

817-449-8395/nicholaschandler92@gmail.com
719-648-4776/magicman33@gmail.com

719-321-4167/cedricdavid459@yahoo.com

719-282-5610

760-274-5968

48

 09/08/16
09/08/16
09/08/16
09/08/16
09/08/16
09/08/16
09/09/16
09/09/16

Joseph Pineda
Myrion Rivera
William V. Dorman
Tom Sack
Karen E. Shaffer
Roger Mullins
Dennis Noeske
Geraldine Jimenez

09/09/16
09/09/16
09/09/16
09/09/16
09/09/16
09/09/16
09/10/16
09/10/16
09/10/16
09/10/16
09/10/16
09/10/16
09/10/16
09/10/16
09/11/16
09/11/16
09/11/16
09/13/16
09/15/16
09/15/16
09/15/16
10/03/16
10/03/16
10/03/16
10/03/16
10/03/16
10/03/16
10/03/16
10/03/16
10/04/16
10/04/16
10/04/16
10/04/16
10/15/16

Charles Harris
Re'Mon C. Miller
Jeanette Hewlin
Amber Gutierrez
Tiffany Dalton
Roberto C. Delgado Cruz
Aaron Mans
Richard Sutton
Ara/Aria Ewing
Sharaine Ewing
Sharron Ewing
David S.
James Grigsby
Markilla Smith
Chris McEachin
Gary Brutto
Mark Pangelinan
Nanolo Morin
Sydney Barker
Tucker Heaton
May Christine
Eric Harvey
Samuel Gallegos
Jessica Boaman
Kit Day
Joe Timerman
Kemone Scott
Rochelle Adams
Howard Smith
Sharon L. Henson
Jennifer Queen
Chris Sanders
Haywood Miller
Alisha Newberry

4352 (MI)
0204
8356
8231
8433
0897 (VA)
0433
5622
H620143771410
(FL)
6649
4430
6971
5476
0973
1422/1922(?)
0253
2552
0812
0572
1050 (FL)
0866
1026
5328
2020
0538
0751
7626 (TN)
5749 (TN)
3140 (OH)
5002
8189
0208
2007
5382 (NE)
0662
9360
7928
0269
0422
1265
0284
0537

810-259-5342/jrpqudr@gmail.com

719-459-6020/dnoeske719@gmail.com
719-644-4176

773-308-4350/remonmiller@gmail.com
719-216-7410/jmhewlin@yahoo.com
719-216-7410/amberg607@gmail.com
208-404-5195/justinsangel0827@gmail.com
719-644-0465/rcdcruz2123@gmail.com

719-639-5541/markillasweet@gmail.com
719-419-0179/bruttogjohn@yahoo.com

931-801-1843
931-216-5621/tucker_heaton@outlook.com
krisstmae28@yahoo.com

49

 10/16/16
10/16/16
10/16/16
10/16/16
10/16/16
10/16/16
10/16/16
10/16/16
10/16/16
10/16/16
10/16/16
10/16/16
10/16/16
10/16/16
10/17/16
10/17/16
10/17/16
10/17/16
10/17/16
10/17/16
10/17/16
10/17/16
10/17/16
10/17/16
10/17/16
10/17/16
10/17/16
10/18/16
10/18/16
10/18/16
10/18/16
10/18/16
10/18/16
10/18/16
10/18/16
10/18/16
10/18/16
10/18/16
10/18/16
10/18/16
10/19/16
10/19/16
10/19/16

Leonard Contreras
Calvin Baker
Jose Cuevas
Jadelyn Vincent
Cesar Contreras
Ashley Kabel
Billy (Jo) Wathey
Steven Miles
Michael Wallace
Tina Crabtree
Jesse Westfall
Nateria Williams
Cangeron Gibson
Elena Rodriguez
Elia Vera
Raul Munoz
Jamie Butler
Imani Mauzon
Jesse Brady
Rodney Boemer
David Bailey
Ira Franklin
Andrews Adams
Jeneva Nelson
Xavier Cochran
Maverick Rhone
Andre Williams
Christopher Luera
Paul E. Newton
Candace Martinez
Angela Newton
Jacqueline Bozeman
Danzelle Ford
Espinoza
Jamika Elliott
James Honaker, Jr.
Demetrius Goldston, Jr.
Michael Lafordy
Damien Clair
Raynie King
Cody Claeys
Lorenzo Duarte
Larry Valadez

0945
299-0 6135 (FL)
0895
0488
0986
6014
3038
8092
0551
0382
4342 (OH)
5756/5946/5456(?)
0663
0051
4194
0478
0085
5521 (CA)
0790
3616 (MN)
0443
0311 (AR)
9547 (MD)
7127 (OK)
2392 (OK)
7362
9843 (TX)
6955 (TX)
9972
3145 (TX)
4501
7058
6958
1958
1056
0661
0874
9710
0461
1325
4507
1184
1934

50

 10/19/16
10/19/16
10/19/16
10/19/16
10/19/16
10/19/16
10/19/16
10/19/16
10/19/16
10/19/16
10/19/16
10/19/16
10/19/16
10/20/16
10/20/16
10/20/16
10/20/16
10/20/16
10/20/16
10/20/16
10/20/16
10/20/16
10/20/16
10/20/16
10/20/16
10/21/16
10/21/16
10/22/16
10/22/16
10/22/16
10/22/16
10/22/16
10/22/16
10/22/16
11/11/16
11/11/16
11/11/16
11/11/16
11/11/16
11/11/16
11/11/16
11/11/16
11/11/16

Keith Adams, II
Marie Morales
Jeff Dugger
James R. Dolson
J. Swuartz
Zenas Nations, Jr.
Savanah Pease
Rob Hask
James "Andrew" Russell
Chance Dearth
Dwandre Parker
Jennifer Harris
Adam Harris
Anthony S. Velasquez
Brook Shenberg
April Meraz
Demetrius Somerville
Marcy White
Pamela Shipp
Rylan Timmons
Stephanie Dorman
Marlana Dorman
Destiny Morran
Kathleen Buoniconti
Faatalale Taase
Raymond Proveneo
Terrel Atencio
Robert Thomas
Robert Bishop
James Hilton
Edgar Contreras
Tania Nathan
Daniel Quintana
Ricardo Fagins
William Maestas
Ethan Miller
Randall M. Reese, Jr.
Kristen Crable
Bradley Crable
Evangelina Buell
Anthony Norvell
Samantha Hyatt
Delinski Banks

3040 (FL)
0687
5831
0572
2500
0470
0449
0381
0631
0724
3682
8122 (OK)
8115
3149
8557
0249
0748
1096
6074
0825
0490 (CO)
8320
0385
0127
0039
0950
1149
0109 (MO)
0346
4653
4261
0097
1019
4939
3119
0886
0769
0875
0817
0730 (CO)
1023
0596
0559/7?

kristenrb1980@hotmail.com
bradcrable2000@gmail.com
aniyahsmommy@gmail.com

51

 11/11/16
11/11/16
11/11/16
11/11/16
11/11/16
11/11/16
11/11/16
11/11/16
11/11/16
11/11/16
11/15/16
11/15/16
11/15/16
11/15/16
11/15/16
11/15/16
11/15/16
11/15/16
11/15/16
11/15/16
11/15/16
11/15/16
11/16/16
11/16/16
11/16/16
11/16/16
11/16/16
11/16/16
11/16/16
11/16/16
11/16/16
11/16/16
11/16/16
11/16/16

Mustafa
Roy Masada
Anthony W. Kent
Valerie L. DeMarco
Michael Brister
Trey Jones
Carlos Vergara
Feleicia Andrews
Mario De La Torre
Hayward Reed
Devonia Smith
Eric Dockery
Karlos Poindexter
Genoveva Martinez
Courtney Stutzman
Julie Welch
Frances Velasquez
Mario Herrera
Aaron Peterson
Vincent Salaz
Crystal Sorenson
Dawn Kempers
Brian Aniler
Bradley Brown
Faith Turner
Rachael Schreiner
James Samson
John J. Kruck
Roy E. Gaw
Shirley Cucer
Merrilee Morgan
Andrew Moore
Paul Williams
Justin Peterson

0195
2019
0103
0070
0165
0498
02672
0038
0321
4166 (TX)
0761
0721
2452
6345
0453
FA 5041
2699
0361
0935
0119
0545
5366
0173
5468
0709
0892
0858
1078
0478
7507
0353
1057
1212
0554

roymasada@yahoo.com

hcreed316@yahoo.com
edockery2212@gmail.com
poindexter.karlos187@yahoo.com
stutz719@gmail.com

a.jpeterson10@yahoo.com
crystalsorenson13@gmail.com

roygaw83@gmail.com

driver7163@gmail.com

52

 AS TO COUNT ONE:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT TWO:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT THREE:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT FOUR:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT FIVE:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT SIX:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

53

 AS TO COUNT SEVEN:
A TRUE BILL

A NO TRUE BILL

_________________________

____________________________

AS TO COUNT EIGHT:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT NINE:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT TEN:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT ELEVEN:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT TWELVE:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT THIRTEEN:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

54

 AS TO COUNT FOURTEEN:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT FIFTEEN:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT SIXTEEN:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT SEVENTEEN:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT EIGHTEEN:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT NINETEEN:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT TWENTY:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

55

 AS TO COUNT TWENTY ONE:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT TWENTY TWO:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT TWENTY THREE:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT TWENTY FOUR:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT TWENTY FIVE:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT TWENTY SIX:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

AS TO COUNT TWENTY SEVEN:
A TRUE BILL

A NO TRUE BILL

_________________________
Foreperson

____________________________
Foreperson

56

 I, ____________________________, the Foreperson of the 2016-2017 Colorado State Grand Jury, do
hereby swear and affirm that each and every True Bill returned in this superseding indictment by the
2016-2017 Colorado State Grand Jury was arrived at after deliberation and with the assent and
agreement to the existence of probable cause by at least nine members of the Colorado State Grand
Jury. The Colorado State Grand Jury further authorizes and instructs the Colorado Attorney General
to return this superseding indictment to open court with or without the presence of the foreperson.
_____________________________
Foreperson
Subscribed to before me in the City and County of Denver, State of Colorado, this 25th day of May,
2017.
______________________________
Notary Public
My commission expires:______________________

57

 CYNTHIA H. COFFMAN
ATTORNEY GENERAL
STATE OF COLORADO

__________________________
MICHAEL W. MELITO
Senior Assistant Attorney General
Criminal Justice Section
Special Prosecution Unit

__________________________
JON W. IPPOLITO
Special Assistant Attorney General
Deputy District Attorney
4th Judicial District District Attorney’s Office

__________________________
ANDREW S. VAUGHAN
Special Assistant Attorney General
Deputy District Attorney
4th Judicial District District Attorney’s Office

The 2016-2017 Colorado Statewide Grand Jury presents the within Superseding Indictment, and the
same is hereby ORDERED FILED this 25th day of May, 2017.
Pursuant to §13-73-107, C.R.S., the Court designates El Paso County, Colorado as the county
of venue for the purposes of trial.
Dated this 25th day of May, 2017.

____________________________
Chief Judge Michael Martinez
Presiding Judge, State Grand Jury

58

 WARRANTS TO ISSUE:
BOND FOR JOSEPH HOPPER (A.K.A. “JOEY HOPS”) SET AT $150,000.00 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.
BOND FOR DARA WHEATLEY (A.K.A. “BOSS LADY”) SET AT $150,000.00 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.
BOND FOR ADAM DONALDSON (A.K.A. “POPS”, “POPZ”) SET AT $75,000 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.
BOND FOR JOSEPH SERGIO CRIVICI (A.K.A. “JOSEPH CRAVICI”) SET AT $75,000 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.

59

 BOND FOR DERRICK BERNARD (A.K.A. “UGRILLA PHOENIXX”, “PHOENIXX UGRILLA”,
“PHEONUAX”) SET AT $125,000 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.
BOND FOR NATHAN BERNHEISEL (A.K.A. “BERNIE, “SHANLEY LEONE”, “FRANKIE”,
“NATE”) SET AT $125,000 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.
BOND FOR VICTORIA FERNANDEZ (A.K.A. “TORI”) SET AT $25,000 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.
BOND FOR MARCEE SMITH (A.K.A. “MARLEY”) SET AT $25,000 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.

60

 BOND FOR ALEJANDRA GONZALEZ (A.K.A. “ALE”) SET AT $25,000 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.
BOND FOR RAYLENE RUBIO (A.K.A. “RAY”, “RAE”, “RAYLEEN”, “RAYLEAN”) SET AT
$25,000 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.
BOND FOR NICOLE SANDOVAL (A.K.A. “NIKKI”) SET AT $25,000 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.
BOND FOR ASHLEY HEFNER SET AT $25,000 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.

61

 BOND FOR MELISSA COLMUS SET AT $25,000 C/S/P
Conditions of bond include:
No contact with any codefendants
Obey all state and federal laws
That the defendant shall refrain from harassing, molesting, intimidating, retaliating against, or
tampering with any witnesses to the acts charged.
Dated this 25th day of May, 2017.
____________________________
Chief Judge Michael Martinez
Presiding Judge, State Grand Jury

62