NMLB USING THE SANTOLINA WITH THE SINALOA CARTEL FOR RICO RACKETEERING HORSE RUSTLING

COMPLAINT David Derringer V. Barclay, WALH Ted Garrett 12-29-2023.pdf

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STATE OF NEW MEXICO

BERNALILLO COUNTY

SECOND JUDICIAL DISTRICT COURT

David Derringer,                                                        

            Plaintiff,                                                                     

V.

Barclays Bank, Western Albuquerque Land Holdings LLC, Ted Garrett,

            Defendants,

COMPLAINT FOR 10 COUNTS: COUNT 1-INJUNCTION; COUNT-2 REPLEVIN/REPARATIONS UNDER NMSA 42-8-1 and NMSA 29-1-2; COUNT-3 LOSS OF INCOME, UNJUST ENRICHMENT, CONVERSION OF PERSONAL PROPERTY/LARCENY; COUNT-4 FRAUD, CONSTRUCTIVE FRAUD, FRAUD ON THE COURT, FRAUD IN THE INDUCEMENT; COUNT 5-CIVIL RIGHTS DEPRIVATIONS OF THE 4TH, 5TH, AND 14TH AMENDMENTS AND VIOATIONS OF 42 USC 1982 PRIVATE PROPERTY RIGHTS; COUNT-6 HARASSMENT, OBSTRUCTION OF JUSTICE, INTIMIDATION; COUNT-7 CIVIL REDRESS FOR CRIMINAL ACTS; COUNT-8 CONSPIRACY, COLLUSION, FACILITATION OF CRIMINAL ACTS; COUNT-9 MENTAL ANGUISH AND EMOTIONAL DISTRESS; COUNT-10 PRIMA FACIE TORT

Plaintiff, David Derringer representing himself Pro-Se states his COMPLAINT as follows.

JURISDICTION AND VENUE

1)                  Plaintiff, David Derringer, (hereinafter “Derringer”) was violated multiple times in numerous torts and domestic terrorism involving RICO Racketeering and collusion of  the Defendant’s real property lands known as the Santalina knowingly being used in criminal acts by these invading Mexico National Sinaloa Cartel members Benjamin Benavidez Jr., private New Mexico citizens Justin Gray, Manuel Monte, George Mendoza, Darron “Shawn” Davis, Francisco “Cisco” Lovato and the public corruption of the New Mexico Livestock Board in cahoots with the horse rustling RICO racketeering profits and perks of the Sinaloa Cartel; working in treason with no jurisdiction to be upon the private and non-legal herd district of the lands of the Defendants, and others in trespass on the property owned and managed by the Defendants Barclay’s Bank, WALH LLC, and citizen Ted Garrett, on lands known as the Santalina. Wherein alleged “grazing permit holder” Benjamin Benavidez Jr. is in breach of any contract between either or all Defendants, and known by Ted Garrett,  which mandates that the East/West Defendant’s owned border fence separating the Santolina from the Southern Pajarito is mandated both under Benavidez Jr. contract and under NM State law to be in compliant with NMSA 77-16-1, built to specifications of NMSA 77-16-4. The “fence” known as the Pajarito fence line has been in NM non-statutory compliance presently and for the past 110 years, enabling any and all Pajarito livestock to enter the Santolina and be prohibited from any fraudulent claims of “trespass” under both NMSA 77-14-3(A) and the meaning of FENCE THEM OUT as case law of the NM Court of Appeals No. 12-8853. This legally has meaning that any livestock entering on the Santalina due to the Pajarito fence in disrepair and wrongful construction in violation of law are in effect on “open range” contiguous with the open range of the Pajarito from whence the livestock came. Any fraudulent claim of the illegal alleged grazing of the Defendant’s alleged client is barred from any claim of a grazing permit exclusively or at all due to his breach of contract with the Defendants.  Alleged client of the Defendants Benjamin Benavidez Jr. and his workers and all associated with him are members of the invading Mexican National Sinaloa Cartel with a RICO racketeering enterprise of rustling hundreds of the Plaintiff’s legally owned horses on the open range of the Pajarito, thus using the Santolina property owned and managed by the Defendants for herding into, baiting into, and then closing the Pajarito fence upon capture, then illegally herding the stolen horses into the permanent pens on the Santolina claimed as “Benavidez corrals” and then trailering the stolen horses in larceny per horses under NMSA 30-16-1, and as corralled without then food or water, the abuse of animals under NMSA 30-18-1 whereas neither Benjamin Benavidez Jr. nor any NMLB or other persons have any ownership of the Plaintiff’s horses making the RICO racketeering activity on the Santolina criminal acts of all involved as well as treason against America under the 14th Amendment Section 3 and 18 USC 2381 and 2383 as using Defendant’s real property by members of the Sinaloa Cartel; Defendants being liable for all torts.

2)                     All Defendants are working in criminal acts and civil rights violations targeting Derringer in concert with the collusion and conspiracy of alien US insurgent invaders of the Sinaloa and Juarez Mexican Cartels and MS-13, in collusion and conspiracy with bribed state personnel, and in collusion with other Sinaloa Cartel members as an illegal ring of horse rustlers working and some living on the Pajarito, that by personal experience of Derringer’s horses being stolen and persons caught in illegal possession, some other members are Hector Cabrera (felon Hector Cabrera currently has a Derringer stolen buckskin stallion locked in his compound, well known to all NM law enforcement doing nothing about it) , Petra LLC, Dennis Chavez, Muir Pedro, Francisco “Cisco” Lovato, Isaas Compos, Manuel Monte, Justin Gray, Isidro Ruiz Saenz, Darron Shawn Davis, Sharon Davis, Ignacio Ricardo Sanchez, “Gypsy”, Daniel Valdez, Ramon Manquero, Patrick Calderon, A. B. Swanson, Andres Majalca, Christopher Sena., George Mendoza, and many illegal aliens and citizen mules working for each; all of these known of and wherein all of the named Defendants are in conspiracy and collusion with each, or some of the named Cartel members using the real lands of the Defendants intertwined so as all Defendants in conspiracy are also tied in liability and wherein all are known and in CONSPIRACY with some corrupt state employees of the agencies of the NMLB.

3)                  The Defendants with knowledge of the RICO horse rustling taking place upon their real property Santalina are traitors to the United States working against all law as subversive “domestic terrorists NM citizen personal actors”. This Sinaloa Cartel RICO activity taking place on Defendant’s lands of Santolina with known Cartel members, also provides unimpeded the trafficked cocaine, livestock rustling, methylamphetamines, fentanyl, automatic firearms, human trafficking, and trafficking minors to the New Mexico areas.

4)                  The collusion and malicious conspiracy of these Defendants working with other criminals doing grand larceny (conversion), animal abuse, assault, burglaries, stealing over now 376 + head of Derringer’s horses, and more ongoing each day, as conversion of “personal property”, from the open range of private lands of the Pajarito Mesa onto the private lands of the Santolina in Bernalillo County NM destroys the life and property of the Plaintiff.

5)                  This is occurring only with the known and illegal use of the Santolina owned and managed by the Defendants, accompanied with orchestrated terrorism, wherein the venue and jurisdiction is proper in Bernalillo County. As the terrorism and crimes are initiated in Bernalillo County, Santolina lands and Pajarito lands, the venue is proper in Bernalillo County. Clearly, the Santolina owners, managers, and Defendant citizen Ted Garrett have knowledge of the criminal acts and are liable.  

6)                  Plaintiff, David Derringer, lives in Bernalillo County at Box 7431, Albuquerque, New Mexico 87194.

7)                  Defendant Barclays Bank owner of the Santalina Bernalillo County real property is located at 100 West Street Wilmington, Delaware 19801

8)                  Defendant known as (WALH) Western Albuquerque Land Holdings LLC company number 4384376 is a branch of WALH of Delaware with jurisdiction in New Mexico located in Bernalillo County at 1130 Lanes End NW Albuquerque, New Mexico 87114

9)                  Defendant Ted Garrett is in Bernalillo County located at 1130 Lanes End NW Albuquerque, New Mexico 87114

10)              Plaintiff’s cause of action arose with both Plaintiff Derringer and Defendants at all times in ownership of property, management and jurisdiction in New Mexico, and all substantive matters involve happenings with all torts, conversion, killings of horses and mutilation and abuse, terrorism, intimidation, death threats and other matters that are performed by actors upon the Defendants’ lands, so venue is proper in the 2nd Judicial District Court wherein this both collectively in conspiracy and collusion wherein thus all Defendants are liable separately for all torts and all amounts even though one conspirator acted without others present but within the collective knowledge of all either before each act or after the overt act occurred. This 2nd Judicial District Court has full jurisdiction over both the parties and the subject matter.

11)              Upon information and belief all of the Defendants above own have jurisdiction or manage property of the Santalina or reside are in the State of New Mexico in Bernalillo County.

GENERAL ALLEGATIONS COMMON TO ALL COUNTS

12)              Plaintiff adopts and incorporates by reference herein paragraphs 1-11 of the complaint as if set forth in full.

13)              The East/West fence line dividing the Pajarito consists of open range wherein all lands are private lands, and dividing thus from the Santolina private lands is historically been in disrepair for 110 years, and non-compliant with NMSA 77-16-1, (not built or re-built in compliance with NMSA 77-16-4) well known to the Defendants.

14)              Defendants all know that the Santalina use by Benjamin Benavidez Jr. allegedly claiming a “grazing permit” is fraud, wherein the alleged contract for such with Defendants is breached and null and void due to the clause therein that the Pajarito fence line must be kept in statutory compliance with NMSA 77-16-1 which it is not and never has been. Therefore, there can never be any fraudulent claim against any animals in trespass wandering onto the Santalina from the Pajarito or elsewhere, and there thus can never be any false claims for damages to the Santolina due to the Pajarito fence in total wrongful construction under statutory mandates and in total disrepair. Both the Santalina and the Pajarito are private lands and as the Pajarito is “open range” so thus is the Santolina without a legal, proper Pajarito dividing fence that is not compliant to NMSA 77-16-1 wherein there can be no false claims of horses trespass under NMSA 77-14-3(A) as wording “prohibits”.

15)              No representing attorney in Answer to this Complaint, nor any assigned Judge to this case cannot contest or question that the Santolina is legally designated as any other then “open range” contiguous with the open range of the Pajarito since the Pajarito dividing fence is of no value of deterring or to be considered a barrier affording “livestock access from the Pajarito” since in total disrepair, the Pajarito fence does not FENCE THEM OUT, wherein no court can consider any premise that any state agency can get involved to claim any animals strays on either the Pajarito or the Santolina as both are private properties with both having no designation as a herd law district. Under NM Ct. App. No. 12-8853 case law was set regarding the Pajarito fence as mandated FENCE THEM OUT.

16)              Defendant Barclays Bank owns the Santolina lands, of knowledge and liable for any activities thereon.

17)              Defendant WALH manages the Santolina lands of knowledge and liable for any activities thereon.

18)              Defendant Ted Garrett as a paid citizen employee manages the Santolina lands has knowledge and liable for any activities thereon.

19)              All Defendants have knowledge that the alleged client Benjamin Benavidez Jr. has breached his alleged grazing contract by not re-building the Pajarito fence to statutory compliance and is thus trespassing as a squatter on the Santolina lands of ownere Barclays Bank. Benjamin Benavidez Jr. has no legal means of allowing his cattle to graze the Santolina and cannot use the Santalina as a staging area and capture area for Pajarito horses nor any means to attack, capture, or steal any horses coming into the Santalina. By Benjamin Benavidez Jr. not in compliance with NMSA fence them out NMSA 77-16-1 by negligent, malicious and deliberate refusal and failure to build a proper fence, it is fraud and criminal false felony reporting to the NMLB that horses are in trespass when entering or being herded maliciously by Benavidez as a means of larceny horse rustling. There is a legal contract breach and Benjamin Benavidez Jr. does not have a valid grazing contract, whereas with breach, the contract is mute and void, and criminal horse rustling cannot be condoned by the property owner Barclays Bank.

20)              Defendants are knowingly using and/or allowing the Pajarito fence line to be opened to the Pajarito for horses owned by Plaintiff Derringer thus allowed to wander into the Santolina, whereas then all Defendants have knowledge that the Benavidez and Sinaloa Cartel persons then close the perimeter fence, trapping the horses on the Santolina without water and then illegally herd horses not owned by any Defendants to lock them in permanent pens to be able to then herd them into trailers for horse larceny. Neither the NMLB nor the citizens Manuel Monte, Justin Gray and George Mendoza have no legal right to be on the Santolina at any time and are in trespass on such lands as Sinaloa Cartel mules for the RICO racketeering operation of horse rustling. There are never any horses on the Santolina that are legally owned by any Defendants.

21)              All Defendants are in collusion and conspiracy and liable for the Sinaloa Cartel horse rustling (larceny) in this RICO racketeering and other Sinaloa Cartel illegal activities of drug trafficking, human trafficking, sales of minor children to pedophiles, illegal sales of fully automatic firearms to the BCSO, and other debauchery and contraband taking place on the real property of the Santolina owned by Barclays Bank.

22)              The Defendants and all others involved have full knowledge that any horses that get onto the Santolina are not owned by the Defendants and lock up and then steal the horses as Sinaloa Cartel members for profits, kickbacks and perks of the Sinaloa Cartel whereas to this date of filing over 376 plaintiff Derringer horses have been stolen by the Defendants.

23)              Defendants all work “in concert” of conspiracy with what is happening on the Santalina with persons members of the invading Mexican National Sinaloa Cartel including but not limited to Sinaloa Cartel members Francisco “Cisco” Lovato, George Mendoza, Manurl Monte, Justin Gray, Kym M. Damazyn, Mier Pedro, Ramon Manquero, Isaas Compos, Isidro Ruis Saenz, Hector Cabrerra, Karla and Ernest Martinez, “Gypsy”, Patrick Calderon, Darron “Shawn” Davis, Sharron Davis, Dennis Chavez, Southwest Event Center LLC, D.C. Livestock Auction, Southwest Livestock Auction, Benjamin Benavidez Jr.,Benavidez Ranch, and many others in New Mexico, all of which are convicted felons or doing felonies not yet convicted; all doing treason against the United States of America as both foreign and domestic terrorists.  

24)              The Derringer horses are the private personal property of David Derringer with 12 years of breeding the 32 horses from the Derringer ranch South of Quemado, NM when Derringer was driven off his legal ranch by gunpoint of the same Sinaloa Cartel as operating on the lands of the Santolina.

25)              Derringer lives just 200 yards South of the SW corner of the Santolina/Pajarito fence line; Derringer being on the Pajarito with Plaintiff’s horses only yards legally from the SW corner of the Santalina, the very area that the Pajarito fence line is deliberately left open to bait, herd and capture the Derringer horses.

26)              Defendants’ alleged client Benjamin Benavidez Jr.’s father, Benjamin Benavidez “the Elder” has former convictions of livestock larceny, and Benjamin Benavidez Jr. confessed of court record on January 21, 2015 Answer to Derringer v. Benavidez et. al. : D-202-CV-2014-07755, to stealing 2 Derringer horses by using the Santolina as property, and using his truck and horse trailer to transport the stolen livestock to horse rustler (also formerly convicted) Dennis Chavez 24 Dalies Rd. Los Lunas, NM, for over 40 years serving as the “fence” for stolen NM horses.

27)              The Mexican National Sinaloa Cartel is an invading foreign body of subversives as enemies against of the United States, and all Defendants aiding, abetting, facilitating, protecting these invaders are traitors to the United States of America.

28)              NM citizens are mandated to obey the laws under NMSA Title 30 and all federal law and Constitution.

29)              David Derringer currently resides on the private property of the Pajarito Mesa wherein all property thereof is “private” and all within the boundaries of New Mexico State Political subdivision Bernalillo County, wherein Derringer horses are on the “open range” of the Pajarito where in NM no brands are mandated.

30)              Pajarito Mesa and surrounding lands entering into the Rio Puerco are designated as “open range” under statutory law NMSA 77-16-1 “Fence Them Out” due to the private lands all with common borders with few private perimeter fences, with no county roads or thus no county jurisdiction, and wherein; thus, the NMLB has no jurisdiction to claim any “estray” horses which all horses are on only private lands and wherein there exist no stray horses, wild horses, un-owned horses in the 27 square miles (est) of the Pajarito Mesa.

31)              Borders of the Pajarito are the Escarpment N/S road to the Ease, the Isleta Indian Reservation E/W fence to the South, the Rio Puerco, to the West and the Pajarito E/W fence line to the North.

32)              The Pajarito fence line is in total disrepair and non-compliant with the mandates of NMSA 77-16-1, as dividing line between the Pajarito open range private properties and the Santolina private land owned by Defendant Barclays Bank, wherein as the Pajarito fence in proven disrepair for 110 years, legally makes the Santolina also open range as contiguous and congruent with the Pajarito, wherein any livestock that enter the Santolina can be retrieved by any livestock owner, by opening gates, opening the fence, or entering the Santolina and herding the owner’s livestock back onto the Pajarito congruent with ruling of the New Mexico Court of Appeals “FENCE THEM OUT” No. 12-8853.

33)              All Defendants have knowledge well that any livestock owner can go onto the Santolina, or open the fence to recover horses or cattle under NM Ct. App. No. 12-8853, since the Pajarito fence line is not a legal barrier.

34)              There are no “stray”, or “wild horses” ever on the Santolina or Pajarito lands.

35)              All livestock horses on the Pajarito are owned by some person; and currently all the Derringer horses are either breeding stallions or breeding mares or young offspring of colts and fillies; none being gelded or spade.

36)              Sinaloa Cartel are proven to steal Pajarito horses in RICO racketeering by use of herding the horses to the Santalina and then to alleged Benavidez’ permanent corralss and whereas then Sinaloa Cartel Justin Grey and Manuel Monte and George Mendoza admit to trailering such stolen livestock from the Benavidez corrals on the Santolina on their “notices”.  

37)              Plaintiff David Derringer has an extreme numbers of photographs of his horses locked in the Santolina perimeter fence and locked in the permanent corrals of wood/steel inside the Santolina as proven “intent” of larceny on the Santolina without food or water, and has documents of confession by Sinaloa Cartel Justin Gray and George Mendoza of trailering Derringer horses from the “Benavidez corrals on the Santolina. [multiple Exhibits].

38)              Plaintiff Derringer is witness to Sinaloa Cartel Benavidez, Gray, Mendoza, and Monte herding and loading and trailering Derringer owned horses in larceny from the Santolina lands owned the managed by the Defendants.

39)              Livestock in New Mexico are not required to be branded as available option and the Derringer horses are not branded due to preference of selling some to show horse persons that do not want brands. However, as with all horse registries, all horses can be positively identified by color marking on bodies and face markings that never change in the life of the horse from birth and age by tooth inspection.   

40)              David Derringer is the lawful owner of over 375 + horses and owner of an additional about 170 babies from such horses of the horses stolen from the lands of the Santolina in the last 4 years.

41)              Sinaloa Cartel Justin Gray has confessed in writing to stealing horses from the Benjamin Benavidez Jr. corrals on the Santolina of 28 horses, when in reality due to pregnant mares the number is actually 39 and George Mendoza has admitted to stealing 5(6 as the Appaloosa mare is already pregnant)  Derringer horses on November 27, 2023 as: #1 Appaloosa mare Red Roan with white blanket and roan spots #2 her un-weaned baby Buckskin or grey filly with small star  and snip, nursing  still on #1 her mom, #3 Palomino stallion with a star as #1’s third offspring #4 Sorrel stallion blaze face, left hind sock, and right hind pastern black spots on left hip as Appaloosa mare #1’s first baby, Sorrel weanling filly with star as baby # All of #1 and her offspring of that herd are descendants of Derringer’s Flitter Me Tena registered Appaloosa mare Leopard Registration # 542054 1995 out of Bar Teena by King O’ Mountain. Purchased from Verley Baker of Milan, NM in 1998.

42)              Some of the horses stolen by admission of Sinaloa Cartel Justin Gray from the Santolina are as #1. Bay stallion; #2. Buckskin mare. #3. Buckskin filly. #4. Sorrel mare. #5. Sorrel colt. #6. Black filly. #7 Bay colt. #8. Sorrel colt. #9. Sorrel colt. #10. Sorrel mare. # 11. Sorrel colt. # 12. Bay mare. #13. Bay filly. #14. Sorel filly with a star strip #15. Chestnut stallion with a blaze, right hind cannon, and left hind pastern #16 Sorrel mare with a star #17. Sorrel colt with a blaze and lower lip #18. Bay mare with a star, right hind cornet and mother of  # 19. Sorrel Colt with both hind cannons #20 Gruella mare with blaze, left hind cannon as right front pastern and had been stolen and illegally branded with a 12 on the left shoulder #21, Bay filly with a star and left hind pastern #22. Sorrel Stallion with a star snip and left front pastern #23. Chestnut mare mother to #24 Sorrel colt with a star snip and left front pastern #25 Chestnut mare with a star mother to # 26. Sorrel colt with a blaze #27. Palomino mare with a star previously stolen and illegally branded with a 12 on left shoulder #28. Sorrel filly with a star, strip, snip and a left hind cannon.

43)              The admission of horse larceny of Sinaloa Cartel rustler Justin Gray occurred on or about August 23, 2023 and again on or about November 22, 2023, and the horse larceny of Geoarge Mendoza occurred on November 27-2023, although it is known Gray was also involved with Monte and George Mendoza “baiting” Derringer horses from the Santolina.

44)              All Derringer horses on the Pajarito Mesa on open range are all descendants of former original herd of 32 Derringer ranch and outfitting horses from Quemado, NM as well as current and descendant horses from additional horses purchased in the last 9 years from the Albuquerque area. Many Derringer horses are descended from registered Appaloosas and Quarter horses with ApHA and AQHA.

45)              All Derringer “working herd” of 32 well trained horses Derringer are used for income from outfitting hunts, trail rides, pack trips and other training have all been now stolen, wherein all of the “working herd” could ride Western and Military, drive buggies and wagons, pack supplies to base camps and pack out hunt kills, and wherein 4 of that herd were also roping horses, 2 were also cutting cattle horses, and 1 trained for Medieval jousting, as well as 6 trained for shooting from their backs of guns and archery, wherein as now stolen from the Santolina, Derringer’s income is stopped. 

46)              Derringer owns several stallions and has new baby horses each year that ownership of same are Derringer’s personal property designated both by federal law Title 42 Section 1982 and many supporting case laws of SCOTUS.

47)              Derringer can identify each horse owned by color markings, height, mannerisms and other identifying attitudes even at a distance, particularly with binocular magnification well knowing each horse personally as individuals. Derringer allows his foals to remain with the mother until rejection; thus, all foals are always with their mothers until about 10 months.

48)              Sinaloa Cartel Benavidez admitted stealing 2 horses in 2014 by use of the Santolina, and all Defendants and conspirators increased the horse larceny ongoing from there on.

49)              The Derringer horses are stolen by capture and containment by Sinaloa Cartel Benjamin Benavidez Jr.’s illegal use of the alleged grazing permit on the Santolina, wherein allow or chase Derringer horses from the Pajarito onto the Santolina and then lock them in without water on the Santolina, closing the perimeter fence. Then they entice or herd them to permanent corrals in the middle of the Santolina wherein they permanently lock them in without food or water, and then easily back a stock trailer to a gate of the corrals and herd them into the trailer for transport of stolen livestock to places unknown.

COUNT 1-INJUNCTION

50)              Plaintiff adopts and incorporates by reference herein paragraphs 1-49 of the complaint as if set forth in full.

51)              Santalina property illegal users Sinaloa Cartel persons all have all been caught and documented stealing Plaintiff’s personal property in grand larceny and proven with many photographs and witnesses of the RICO connections to the Sinaloa Mexican Cartel. Sinaloa Cartel Justin Grey has “confessed” in document to stealing 28 Derringer horses and Sinaloa Cartel George Mendoza has “confessed” in document to stealing 5(6 as Appaloosa mare is pregnant) Derringer horses prohibited from being in trespass under NMSA 77-14-3 or any other statute due to the Pajarito fence line not compliant with NMSA 77-16-1; all stolen from the Santolina property owned by Barclays bank.  

52)              Derringer seeks a permanent injunction against all Defendants to stop the larceny of Plaintiff’s personal property from the lands of the Santolina, and stop rounding up Derringer horses illegally claiming strays, and to return and recover all 376 + Derringer horses plus the additional 179 + baby horses acquired in the time of the stolen horses as offspring of Derringer’s ownership back to the Pajarito unharmed under mandates of replevin.

53)              Order that any persons connected with the lands of the Santolina cannot be within 100 yards from the Derringer horses or any other Derringer animal, friend, family member, and they cannot be in possession of any firearm within 1,200 yards of Derringer or his animals.

COUNT-2 REPLEVIN/REPARATIONS UNDER NMSA 42-8-1 and NMSA 29-1-2

54)              Plaintiff adopts and incorporates by reference herein paragraphs 1-53 of the complaint as if set forth in full.

55)              Defendants as real property owners and managers all know and are in conspiracy and collusion with all the Cartel horse rustlers using the Santolina lands.

56)              Defendants all know who has and the whereabouts of all Derringer 376 horses or can find out for Replevin.

57)              Derringer horses are worth a 30 year lifetime value of $100,000.00 each animal plus known 170 + babies birthed in the time frame of larceny, that  have to be instantly and immediately returned to Derringer while Derringer is there to inspect that all horses are unharmed and that no babies are kept by the rustling perpetrators.

58)              All 376 + Derringer horses and all 170 + additional foals are demanded to be returned immediately. If not returned, since now, all Derringer “working horses” described above are stolen, each needs to be replaced with expertly exactly trained registered horses in trained disciplines, of breeds Quarter Horses, Appaloosas, Paints, and Palominos, Gruella were stolen horses, in restoration at Derringer discretion.

59)              Defendants all know exactly where Derringer’s stolen horses are, who has them and if they were killed and if they are locked in pens at DC Chavez “horse-killers” in Los Lunas or taken to Mexico or elsewhere.

60)              Defendants all have tenable ways to get Derringer horses returned as their alleged grazing client Benavidez Jr. and the Sinala Cartel Defendants know the disposition of each horse.

WHEREFORE Derringer DEMANDS under NMSA 42-8-1 that every stolen horse be returned immediately unharmed. Derringer also claims the following values to be paid by EACH of all Defendants named in the heading assessed to each Defendant separately and distinctly.

1.                   A value of $100,000.00 per horse stolen and an amount of additional punitive damages of $100,000.00 per horse for the larceny itself with a $100,000.00 extra punishment if the horse as a Derringer pet is killed and butchered for meat or any stallion that has been gelded unable to breed.

2.                   Derringer claims a value of $200.000.00 for horse “Crescent” stolen three times and his balls cut off in mutilation.

3.                   All horses stolen by false claims of strays stolen from the Santolna are mandated to be returned to the Pajarito from whence they came.

4.                   All Derringer horses are to be instantly returned directly to the Derringer residence on the Pajarito, in good health.

5.                   All Defendants EACH will pay Derringer $25,000.00 per horse returned in punishment and exemplary damages for the larceny/conversion and deprivation of use of the animal.

6.                   All Derringer horses will be returned to Derringer in proper health or each Defendant will pay any vet bills required and $25,000.00 punitive damages for animal abuse.

7.                   Derringer claims the amount in addition of $10,000,000.00 from each Defendant in an extreme amount to stop the instant larceny, and to be exemplary in a severe amount necessary to both deter, the instant Sinaloa Cartel RICO Racketeering and public corruption in concert with private parties and Cartels to punish not to perform horse rustling against others, and to also deter by case law others similarly situated not to perform horse  rustling against others. Derringer also claims court costs and any other more severe damages and sanctions that the court deems just and proper under the circumstances.

8.                   These amounts will increase if the Defendants allow anyone on the Santolina to touch or steals any remaining horses or to maliciously continue to herd Pajarito horses onto the Santolina.

COUNT-3 LOSS OF INCOME, UNJUST ENRICHMENT, CONVERSION OF PERSONAL PROPERTY/LARCENY;

61)              Plaintiff adopts and incorporates by reference herein paragraphs 1-60 of the complaint as if set forth in full.

62)              Defendants have allowed larceny from the Santolina now stolen “ongoing” over 376 + Derringer horses with known time frame at least 170 + new babies due, including now all trained “working horses” detailed above, stopping all horse related outfitting, hunts, pack trips, trail rides and other related use, as well as stopping all income of horse sales that has enabled unjust enrichment of all Defendants or kickbacks by client Benavidez Jr. in collusion conversion of personal property /larceny, with then sale of stolen property, and possible collusion with bribes and kickbacks, perks, and personal financial gain of Sinaloa Cartel.

WHEREFORE Derringer demands punishment, replevin, and severe exemplary damages of $10,000.000.00 ($ Ten Million Dollars) from each Defendant separately and distinctly from each Defendant, Court costs and any and further punishment from the Court as deemed just and appropriate by the Court.

COUNT-4 FRAUD, CONSTRUCTIVE FRAUD, FRAUD ON THE COURT, FRAUD IN THE INDUCEMENT

63)              Plaintiff adopts and incorporates by reference herein paragraphs 1-62 of the complaint as if set forth in full.

64)              Owner Defendant and managers knowingly have allowed alleged client Benjamin Benavidez Jr. to use the Santolina for criminal purposes and knowingly allowed the Pajarito fence to be in violation of NM laws. All Defendants acted in tandem with each other as horse thieves, filing a false police report, in fraud, then goading officials to file false criminal charges in criminal violations of NMSA 30-39-1 and penal code 118.1 falsifying complaints in attempts to imprison Derringer; all FRAUD ON THE COURT.

65)              All the above Defendants, as lawful owners and managers, had full knowledge of the essential objectives of the larceny, horse rustling and conspiracy. All Defendants above were knowing and voluntary complicit involvement, and interdependence among these co-conspirators.

66)              All Defendants had an agreement as the gist of all these crimes of conspiracy and united in an understanding way to accomplish the fraudulent scheme.

67)              All Defendants were acting in concert where the property was used for criminal acts totally complicit in it all.

WHEREFORE Since the conspiracy is well established, all Defendants are connected with evidence as co-conspirators in all acts and each Defendant is attributable to any member of the conspiracy that is attributable to all members. Derringer therefore demands punishment, replevin, and severe exemplary damages of $10,000.000.00 ($ Ten Million Dollars) from each Defendant separately and distinctly from each Defendant, Court costs and any and further punishment as deemed just and appropriate by the Court.

COUNT 5- CIVIL RIGHTS DEPRIVATIONS OF THE 4TH, 5TH, 14TH AMENDMENTS AND VIOATIONS OF PERSONAL PROPERTY RIGHTS UNDER 42 USC 1982

68)              Plaintiff adopts and incorporates by reference herein paragraphs 1-67 of the complaint as if set forth in full.

69)              The invasion of the Sinaloa Cartel and Sinaloa Cartel domestic terrorists are using the Santolina lands for criminal RICO racketeering horse rustling obviously known by owner Barclays bank and manager corporation WALH and manager Ted Garrett to steal Derringer’s personal property of horses used as “trade tools” for income, loved pets, breeding for income and increase in assets, for unjust enrichment, revenge, retaliation, interests, real or alleged, of non-owners as horse rustlers of the Defendants.

70)              Plaintiff Derringer has a Constitutional and Statutory right to own and control his personal property including owned horses.

71)              Derringer has a Constitutional right to own, protect, and control it-even if that conflicts with the esthetic tastes or priorities of non-owners. Derringer has the right to acquire property and, once acquired, to use it without interference from others

72)              Plaintiff has a Civil right to “quiet enjoyment” of his animals and life style without domestic terrorism and larceny and fear of the ongoing RICO racketeering Sinaloa Cartel rustling industry of larceny of horses using the North bordering Santolina property.

73)              The Civil Rights Act of 1866 gave Plaintiff Derringer an unalienable right that all persons in the United States should be free as practical freedom from fear and oppression by illegal use of the Santolina.

74)              Derringer has a right to just compensation for force and oppression generated by illegal criminal use of the Santolina real property owned by Defendant Barclays bank. Derringer is entitled to compensatory damages for humiliation, emotional distress, and deprivation of Civil Rights.

75)              The conspiracy against Derringer by the ongoing Santolina involving persons mis-use in criminal acts is a conspiracy aimed specifically for a deprivation against Derringer of the equal enjoyment of rights secured by the law to all other citizens.

76)              Derringer has every right to inherit, purchase, lease, sell, hold, and convey real and personal property including his horses without any larceny or interference, and Santolina persons willfully trap and capture the horses without their ownership and without means to use NMSA 77-14-3 or any other law as any legal means of claim.

77)              Derringer’s Civil Rights are those which have no relation to the establishment, management or support of the government and consists in the power of enjoying and acquiring property.”

WHEREFORE Since the conspiracy is well established, all Defendants as real property owners and managers are engaged maliciously in depriving Plaintiff’s Civil Rights by use of domestic terrorism, all connected with evidence as co-conspirators in all acts and each Defendant is attributable to any member of the conspiracy that is attributable to all members. Derringer therefore requests $1.2 billion Dollars from each Defendant, Court costs and any and further punishment, as deemed just and appropriate by the Court.

COUNT-6 HARASSMENT, OBSTRUCTION OF JUSTICE, INTIMIDATION

78)              Plaintiff adopts and incorporates by reference herein paragraphs 1-77 of the complaint as if set forth in full.

79)              As detailed in other counts above, the well-orchestrated fraud posing and ploy to deliberately steal horses with INTENT is domestic terrorism to gain unjust enrichment, intimidation, obstruction of justice and retaliation, retribution and revenge having nothing to do with lawful activities.

80)              Simply put, all actions occurring on the Santolina are based in crimes against Derringer and treason crimes against the United States of America.

WHEREFORE Since the conspiracy is well established, all Defendants are connected with evidence as co-conspirators in all acts and each Defendant is attributable to any member of the conspiracy that is attributable to all members. Derringer therefore demands punishment, replevin, and severe exemplary damages of $10,000.000.00 ($ Ten Million Dollars) from each Defendant separately and distinctly from each Defendant, Court costs and any and further punishment, as deemed just and appropriate by the Court.

COUNT-7 CIVIL REDRESS FOR CRIMINAL ACTS

Plaintiff adopts and incorporates by reference herein paragraphs 1-80 of the complaint as if set forth in full.

81)              All Defendants have worked in tandem, in fraud, in conspiracy, in complicity, and have stolen over now 376 + Derringer horses and the time frame to have already foaled another 170 + babies.

82)              Defendants as owners of the real property and managers thereof have knowingly allowed or facilitated the violation of every Constitutional right Derringer has in America against all rule of law, while harassing, intimidating and alowing criminal acts of willfully depriving water to innocent animals in process of larceny.

83)              The worst crime of all Defendants is the Sinaloa Cartel conspiracy and collusion.

WHEREFORE Derringer therefore demands punishment of $25,000,000.00 ($25 Million) from each Defendant, court costs, and any and further punishment as deemed just and appropriate by the Court.

COUNT-8 CONSPIRACY, COLLUSION, FACILITATION OF CRIMINAL ACTS;

84)              Plaintiff adopts and incorporates by reference herein paragraphs 1-83 of the complaint as if set forth in full.

85)              Each Defendant solely and separately has entered into the conspiracy with collusion of all acts of the whole operation as property owne4rs and managers that cannot be ignorant as to what the Santolina is being used for, and are involved thus also in all acts participated willingly of all Defendants for money or other purposes. Each stolen horse represents tens of thousands of dollars by breeding fees of a stallion, live foals of a mare, hourly income if used for trail rides, hunts, events, or horse lessons and more. Thus, each horse represents from $60,000.00 to over $200,000.00 income in their lifetime of 30 years stolen.

WHEREFORE Derringer therefore demands punishment of $25,000,000.00 ($25 Million) each from each Defendant separately and distinctly, Court costs and any and further punishment as deemed just and appropriate by the Court.

COUNT-9 MENTAL ANGUISH AND EMOTIONAL DISTRESS

86)              Plaintiff adopts and incorporates by reference herein paragraphs 1-85 of the complaint as if set forth in full.

87)              The rustling Derringer horses over a period of the last 9 years has been with use of the Santolina starting admittedly by Benavidez Jr. in 2014 stealing 2 known Derringer horses. Derringer has caught the larceny on the Santolina “red handed” as exhibits prove.

88)              Derringer has inherent God given rights to own and have full control of his personal property, which also entails the right to keep safe and protect his living animals as family and pets. Emotional extortion, sadistic, vile, and satanic torture to endeared Derringer pets, bonded souls and personalities being stolen by Defendants’ persons on the Santalina whereas some are to be sent to Mexico butchered for “meat”.

89)              All Defendants have allowed by ownership of real property used in criminal larceny the converted personal property and tangible assets of Plaintiff Derringer to unjust enrichment by rustling.

90)              All Defendants have allowed or participated in taking horses, and deprived Derringer the enjoyment and love of his animals as pets and destroyed the use as trade tools, use as income, use as assets, use of companionship and love of them as “pets”.

91)              Derringer has had horses as part of his life since 7 years old.

92)              Derringer’s horses comprise working animals for income as “trade tools”, companions for personal enjoyment and recreation, income in sales, breeding and selling select animals, use of domestic chores of farming, hunting, game retrieving, packing camps, teaching riding and horse care, and are considered “family” and each animal is also a cherished PET.

93)              Derringer selects, trains and keeps his own herd of animals considered special and never for sale that are on the Pajarito then stolen on the Santolina.

94)              All Defendants in conspiracy and collusion with others have stolen Derringer horses, killed several, abused many, and may be selling to horse killers whereas treasured Derringer horses will be wantonly slaughtered for meat. 

95)              Extreme emotional trauma exists with the fears that the stolen Derringer animals will possibly be killed, abused and harmed as has already been done by the all Defendants in cahoots with others.

WHEREFORE Derringer therefore demands punishment of $25,000,000.00 ($25 Million) each from each Defendant separately and distinctly, and Court costs and any and further punishment as deemed just and appropriate by the Court.

COUNT-10 PRIMA FACIE TORT

96)              Plaintiff adopts and incorporates by reference herein paragraphs 1-95 of the complaint as if set forth in full.

97)              If the acts of all the Defendants have been lawful, those acts also have been intentional acts.

98)              Each of these acts was intended to injure the Plaintiff, and the Plaintiff has been injured by each act of all of the Defendants and their facilitation of co-conspirators, and Plaintiff Derringer has been damaged thereby financially, emotionally, and physically with medical problems traced to the stress caused by all of the Defendants.

99)              Each of these acts was intended to injure the Plaintiff, and the Plaintiff has been injured by each act of all of the Defendants, and has thus been damaged thereby.

100)           All of the Defendants had no justification or insufficient justification for taking these acts.

101)           The conduct of all of the Defendants was done with malicious intent, reckless endangerment, and in willful and in reckless disregard of the rights of the Plaintiff.

102)           All attempts to resolve these issues have been met with violence, criminal acts, and deprivations without conscience and despite exhaustive reporting this to every New Mexico agency, NMAG and Governor Grisham with no resolution whatsoever.

WHEREFORE the Plaintiff requests that this Court enter judgment against all the Defendants of all counts for damages claimed in amounts secured by both facts and law to be proved at trial, sanctions and damages and exemplary damages for deterrence that are indicated, and such other and further relief as the Court deems just and proper.

Respectfully submitted by ___________________________________________

David Derringer Pro-Se Box 7431, Albuquerque, New Mexico 87194

ADDENDUM EXHIBITS

EXHIBITS 1  

EXHIBITS 2

EXHIBITS 3

Respectfully submitted by ____________________________________

David Derringer Pro-Se Box 7431 Albuquerque, New Mexico 87194