RESTRAINING THE NEW MEXICO LIVESTOCK BOARD AND THEIR HORSE RUSTLER BENJAMIN BENAVIDEZ JR.
- d2bowman4570
- Dec 14, 2023
- 8 min read
STATE OF NEW MEXICO
BERNALILLO COUNTY
SECOND JUDICIAL DISTRICT COURT
David Derringer, CV-2023-09552
Plaintiff,
V.
Benjamin Benavidez Jr.
Defendant,
VERIFIED PETITION FOR RESTRAINING ORDER AND REPLEVIN OF STOLEN HORSES BY THE DEFENDANTS AND ACCOMPLICES
COMES NOW the Plaintiff, David Derringer representing himself Pro-Se with his petition as above:
Plaintiff is a resident of Bernalillo County at Box 7431 Albuquerque, New Mexico 87194 with personal property horses owned by Derringer and their offspring babies on the legal open range private lands of the Pajarito as defined available under NM Ct. Appeals No. 12-8853 FENCE THEM OUT.
Defendant Benjamin Benavidez Jr. is a resident of Bernalillo County with residence at 9701 Volcanes NW Albuquerque, New Mexico 87121, and is illegally using the area North of the Pajarito called the Santolina that is land owned by Garrett Land Development Corporation wherein Defendant Benavidez Jr. has breached the alleged grazing contract Benavidez Jr./ Garrett Land Development Corporation by not building a Statutory 4 ½ mile East/West compliant fence under mandates of NMSA 77-16-1 and 77-16-4, and thus illegally is using the Santolina all private lands that has no legal herd district, to not only graze some cattle, but is using the dilapidated Pajarito fence to open and then trap horses Defendant does not own that wander into the Santolina and then Defendant Benavidez Jr. captures them inside the Santolina fence and then illegally herds them into permanent pends as larceny/horse rustling and uses other persons to trailer away the stolen horses to places unknown for illegal sale, illegal auctions and to sell to Los Lunas known horse thief/horse rustler Dennis Chavez at 24 Dalies Rd. Los Lunas, NM 87031.
VERIFIED PETITION FOR RESTRAINING ORDER
Defendant is acting in criminal felonies under NMSA 30-16-1 to steal horses wherein each horse is a separate felony. Derringer horses are valued at $100,000.00 each horse wherein since August 2023, Benavidez and accessory persons in collusion with this horse rustling ring of Manuel, Justin, George and other persons names not known as Benjamin Benavidez Jr. employees assist Benavidez illegally trap and capture the Derringer horses and illegally trailer stolen livestock to concealed other places for illegal sale, illegal auctions and sold in black market persons for slaughter for meat, and likely some illegally trailered to Mexico to horse killer slaughter houses. Since August 2023, Defendant Benavidez has stolen 61 Derringer horses valued at $6,100,000.00. all horses on the private lands of the Pajarito and any horses that gain access to the Santolina are not Benavidez horses, wherein in the last 12 years no horse on the west mesa Pajarito or Santalina is owned by Defendant Benavidez. Benavidez has no proof of ownership of any horses on the Pajarito and Santolina, so at the minute Defendant closes the perimeter fence of the Santolina with knowledge that there are horses inside the Santolina that came from the open range of the Pajarito, he committed larceny of those horses “with intent”. Clearly, thus as Defendant and his buddies illegally herd the horses into permanent pens on the Santolina prior and for ease of trailering, the “intent” of felony larceny is complete. After the initial capture, many additional felonies ensue. Fact is that there are no “stray” horses on either the Pajarito or the Santolina. There are no “wild horses” anywhere on the West Mesa including none on the Pajarito or Santalina wherein Plaintiff Derringer owns 95 percent of all horses on the Pajarito from 12 years of open breeding the papered ownership and multiple registered Derringer Quarter Horses, Paints, Palomino, Buckskin, Gruella, Appaloosas and others, with many foals each year as direct offspring of the Derringer original herd 12 years ago of 32 breeding and working horses with the licensed Outfitter #32 of David Derringer with the NM Game and Fish Department. Defendant has stolen the 61 horses that include over 20 new Derringer baby horses that range in age of 4 weeks to less than a year still nursing on their mother mares or just recently weaned. The BCSO and the NMLB are well aware of Defendant Benavidez stealing horses. The BCSP is mandated to arrest and prosecute Benavidez under NMSA 29-1-1 but refuses to do so, telling Derringer upon his complaint to them that “it is a Civil Matter”, placing the burden upon the Courts. Similarly, the NMLB is mandated to arrest and prosecute Benavidez under NMSA 29-1-1, and is mandated to demand proof of ownership of captured horses in the illegal possession of the Defendant Benavidez under NMSA 77-9-22(F) but refuses to do so, also telling Derringer upon his complaint to them that “it is a Civil Matter”, placing the burden upon the Courts. As both the Pajarito and Santolina are private lands, no government can state that the horses are strays and take them, nor can the Defendant illegally claim the horses are in trespass as why he locked them up, because under NMSA 77-14-3(A) the statute specifically states that there can be no claim of trespass since the Pajarito fence line of 4 ½ miles is and always has been in disrepair as defined in NMSA 77-16-1. Absolutely, according to sustained federal law under 42 USC 1982 no private party entity, corporate party entity, or any government entity can take or interfere with Plaintiff’s private personal property rights to steal, detain, capture, remove, trailer or sell, auction, or dispose of the Derringer horses in any manner. Jones v. Mayer Co., U.S. Supreme Court 392 U.S. 409 (1968) No. 645 “All citizens of the United States shall have the same right, in every state and territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. Congress provided that the right to real and personal property was to be enjoyed equally throughout the United States, and that right was to be secured against interference from any source whatever, whether governmental or private.”
1) As shown to the Court in [Exhibits 1], Defendant Benavidez deliberately and maliciously leaves the SW corner area of the Pajarito fence line open directly closest to the Derringer residence and home of the Derringer horses, and in fact uses 4-wheelers (notice vehicle tracks) to enter the Pajarito through this opening to illegally herd, allow, and bait the Derringer horses free on the Pajarito to then enter into the Santalina, wherein Benavidez and his co-conspirators then capture them by closing the Santolina perimeter fence and then steal the horses in larceny wherein the horses have no escape to get home. In [Exhibits 2] the Court can see all Derringer horses locked in the perimeter Pajarito fence (Pajarito/Santalina dividing fence) right near the normally open area that baited them in, with the Derringer horses unable to get home on the Pajarito. [Exhibits 3] show the Court then how the Defendant herds the stolen horses then to permanent pens to make loading them in trailers for transportation of stolen horses easier “with intent”. Since Plaintiff Derringer has past sued Defendant Benavidez, the continued larceny of Derringer horses in also clear intent of federal felony crimes to terrorize the Plaintiff to stop suing the Defendant in actions violating 18 USC 241, 242, and 1503. All horses in photographs and more comprise the 61 horses stolen by Defendant along with descriptions of some as: Bay stallion; Buckskin mare, Buckskin filly, Sorrel mare, Sorrel colt, Black filly, Bay colt, Sorrel colt, Sorrel colt, Sorrel mare, Sorrel colt, Bay mare, Bay filly, Appaloosa mare Red Roan with white blanket and roan spots, her un-weaned baby Buckskin or grey filly with small star and snip, nursing still on her mom, Palomino stallion with a star as third offspring, Sorrel stallion blaze face, left hind sock, and right hind pastern black spots on left hip as Appaloosa mare’s first baby, Sorrel weanling filly with star as baby # All of 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, Bay mare, Bay filly, Sorel filly with a star strip, Chestnut stallion with a blaze, right hind cannon, and left hind pastern, Sorrel mare with a star, Sorrel colt with a blaze and lower lip, Bay mare with a star, right hind cornet and mother of Sorrel Colt with both hind cannons, 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, Bay filly with a star and left hind pastern, Sorrel Stallion with a star snip and left front pastern, Chestnut mare mother to Sorrel colt with a star snip and left front pastern, Chestnut mare with a star mother to Sorrel colt with a blaze, 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, Black stallion, light Sorrel mare with a perfect white square on her forehead with her new baby, brown and white Paint mare, tri-color Paint, White stallion with red main and tail and full length blaze on face, Sorrel mare with large and then tapering full length blaze on face with new baby, Black mare with piebald white blaze, Chestnut stallion with piebald full face blaze, Bay mare with right angle blaze on face with grown wrong front hoof with baby, Bay mare. with zig-sag face blaze with new baby, Palomino stallion with star to diamond white on face, Bay Paint with unique white wedge marking on left side, and many others of the 61 horses stolen by Defendant.
REQUEST FOR TRO AND REPLEVIN
Plaintiff requests immediate TRO with the Plaintiff’s intent of providing enough information upon hearing to make this a permanent injunction against the Defendant.
Plaintiff requests the following:
Immediately Order REPLEVIN of return of all 61 Derringer horses to the residence of the Plaintiff on the Pajarito within 48 hours of date of the Order, in good health, not any gelded or spade, and all the same and original horses that have been stolen.
Order Defendant liable for any missing horses.
Order Defendant liable for any stallion that has been gelded as all Derringer male horses are fully intact stallions for breeding.
Order Defendant liable for any veterinarian bills if any horses are not in perfect health as before being stolen.
Order Defendant, as alleged neighbor on the Santalina to cease and desist ever locking any horses from the Pajarito or Santalina into the acreage of the Santolina.
Order Defendant and Defendants co-conspirators un-named employees, collusion persons of Manuel, Justin, George, or others involved in any of the past stealing of the Derringer horses to cease and desist and to stay at least 100 yards away from any horses on the Pajarito or Santalina.
Order Defendant and all Defendant’s co-conspirators to not threaten, harm, harass, or annoy the Plaintiff or family, friends, or household members or the Plaintiff’s cat and dog.
Order Defendant and all Defendant’s co-conspirators to stay at least 100 years from the Derringer residence and sat least 25 yards away from Plaintiff Derringer in any public setting.
Order Defendant and all Defendant’s co-conspirators not telephone Derringer or contact me in any way.
Order Defendant and all Defendant’s co-conspirators not to block Derringer in public or any roads.
Order Defendant and all Defendant’s co-conspirators not to take, harass, confine, herd,
Plaintiff should not be required to post any bond as no party will be damaged financially or otherwise of any legal enterprise, but the horse larceny ringleader Defendant will be hopefully stopped in his criminal felony larceny of horses should the Temporary Restraining Order be issued.
WHEREFORE the Plaintiff requests that the Court issue a Temporary Restraining Order without the requirement of a bond or other security until a hearing can be held on this matter. Plaintiff also requests any and all other relief that the Court deems just and proper.
Respectfully submitted by ________________________________________
David Derringer representing himself Pro-Se Box 7431 Albuquerque, New Mexico 87194 5052277229
December 13, 2023
ADDENDUM EXHIBITS
EXHIBITS 1
EXHIBITS 2
EXHIBITS 3
spectfully submitted by ____________________________________
David Derringer Pro-Se Box 7431 Albuquerque, New Mexico 87194
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