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The woman waived her first appearance in court; defense attorney says her client is not guilty


FARMINGTON — An Aztec woman allegedly embezzled about $1,600 from an Aztec business by writing herself checks from the business and making personal purchases with the business bank account.

Jaclyn Drake, 40, is accused of a fourth-degree felony count of embezzlement, according to court records. Drake allegedly embezzled about $1,600 from Elite Auto Outfitters at 1405 W. Aztec Blvd. in Aztec, according to the arrest warrant affidavit.

Shellie Patscheck, Drake's attorney, said they were frustrated with the investigation as the Aztec Police Department failed to get her client's side of the story before filing charges.

"We are confident that the evidence will show Ms. Drake is not guilty of these allegations," Patscheck said.

An Aztec Police Department sergeant was dispatched to the business on Oct. 30 to investigate possible embezzlement.

The owner told the sergeant that Drake had been writing personal checks to herself. He added he had loaned Drake thousands of dollars, which she had paid back.

Drake allegedly told the business owner her daughter's checking account was negative, so she wrote the checks but said she would pay back the money. During that conversation, Drake quit her job.

Copies of four checks written between Oct. 22 and Oct. 28 for about $1,016 were provided to police. The defendant paid back some of the money but not all, according to court documents.

A bank statement was provided to police, which listed about $600 in charges including to the Apple iTunes Store, Durango Family Practice, Durango Joes, Dish Network and ATM cash withdrawals.

Drake waived her first appearance in Aztec Magistrate Court on Feb 7. Her preliminary hearing is set for the morning of Feb. 27.

Joshua Kellogg covers breaking news for The Daily Times. He can be reached at 505-564-4627 or via email at

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