WEAPONIZATION OF THE NEW MEXICO LIVESTOCK BOARD

IN THE METROPOLITAN COURT

COUNTY OF BERNALILLO

STATE OF NEW MEXICO

State of New Mexico Case No. T-4-CR-2023-003902

V.

David Derringer

MOTION TO DISMISS; MOTION FOR COURT MANDATED DUTIES TO ACT AGAINST CRIMES BEING COMMITTED IN THIS COURT; MOTION FOR COURT MANDATED NOTICE TO APPROPRIATE AUTHORITIES OF NMLB OFFICER JUSTIN GRAY KNOWINGLY ACCEPTING AND FILING A FALSE REPORT UNDER NMSA 30-39-1, DISCHARGE OF JUTIES, AS AN OFFICER, FABRICATION OF EVIDENCE AS FRAUD ON THE COURT, FACILITATION OF LARCENY UNDER NMSA 30-16-1, DIRECT ANIMAL ABUSE UNDER NMSA 30-18-1, SEDITION, AGAINST THE UNITED STATES OF AMERICA IN MIS-USE OF BADGE TO PROTECT THE INVADING MEXICAN NATIONAL SINALOA CARTEL, PERJURY OF OATH, NMSA 30-39-1 CRIMINAL ABUSE OF PROCESS, MALICIOUS PROSECUTION OF KNOWN FALSIFICATION OF POLICE REPORTS AS FALSIFICATION OF CRIMINAL FILINGS IN WEAPONIZATION OF THE NEW MEXICO LIVESTOCK BOARD UNDER PENAL CODE 118.1, IN PREDATION AGAINST A TARGETED, NEW MEXICO CITIZEN IN DISCRIMINATION, HATE CRIMES, RACIST CRIMES, RETRIBUTION, RETALIATION, REVENGE, PUBLIC CORRUPTION, OBSTRUCTION OF JUSTICE, INTIMIDATION, CONSPIRACY AGAINST RIGHTS, DEPRIVATION OF RIGHTS UNDER COLOR OF LAW, INSURRECTION, TREASON; MOTION FOR SANCTIONS AGAINST OFFICER JUSTIN GRAY AND INDIVIDUAL CITIZEN JUSTIN GRAY

COMES NOW Defendant, David Derringer, represented by counsel Public Defender’s Office Carlene Miller with Motion to Dismiss Case No. T-4-CR-2023-003902 for the following legal reasons headlined as above.

MOTION TO DISMISS

The NMLB was conceived to protect farmers and ranchers in the State of New Mexico ie. 77-2-1. Short title; purpose. Chapter 77, Articles 2 through 18 NMSA 1978 may be cited as "The Livestock Code". The Livestock Code shall be liberally construed to carry out its purposes, which are to promote greater economy, service and efficiency in the administration of the laws relating to the livestock industry of New Mexico, to control disease, to prevent the theft or illegal movement of livestock and to oversee the New Mexico meat inspection program. The debased weaponizing and corruption of the NMLB is not a new revelation as Defendant Derringer has known and dealt with this agency as a professional outfitter #32 in New Mexico, a rancher, horse trainer and breeder, and farmer since about 1975. NMLB Officers are legally bound both under Oath of office, NMSA 29-1-1 and NMSA 29-1-2 and under the Statutory scheme of Legislated laws, particularly emphasizing NMSA 77-9-22(F). [1] Failure to perform duties, as proven in this matter is deliberate and malicious “refusal” to perform duties, as well as using the authority and badge as a weapon against citizens, with a motive of treason against the United States aiding invading enemies, rendering abuse of process, malicious prosecution and actually performing known criminal acts, believing elite with “badges” are above the law, wherein there are consequences. [2]

The first Defendant confrontation of the witnessed corruption of the NMLB came in the 1990’s falsification of travel papers for horses by Inspector Tommy Padilla, followed in early 2003 by witnessing Inspector Tommy Padilla steal a horse, claiming estray, to give to his buddy Steven Jensen, and then falsify the documents, photos and other to cover up the crime. Under IPRA Defendant sued and won. Derringer v. State, 2003-NMCA-073, 133 N.M. 721, 68 P.3d 961, cert. denied, 133 N.M. 727, 69 P.3d 237. The next conflict proving NMLB corruption came in Derringer v. Benavidez et al D-202-CV-2014-07755 wherein Benavidez’s admitted under Oath in a court pleading Answer on January 15, 2015 to stealing 2 Derringer horses, using their truck and trailer to transport stolen livestock over county lines to Valencia County Dennis Chavez (felony records horse rustling), wherein the NMLB Inspector Randal Riley forced Derringer to pay Dennis Chavez (possession of stolen horses) $60.00 in ransom/extortion to retrieve Defendant’s horses, one injured so badly he died with no NMLB arrest of anyone. It became apparent after 2014 that Benavidez is a member of the invading Mexican National Sinaloa Cartel, and “all cartel”, particularly Benavidez continued and continues to steal, kill and abuse Derringer horses, including butchering Derringer’s baby horse as a death threat throwing the body at the Derringer residence. [Exhibit 1] The NMLB is protecting Benavidez and the Sinaloa Cartel in treason, NMLB and BCSO both are refusing to arrest as mandated under NMSA 77-9-22(F), or even come to any 911 calls from Derringer, and the NMSP telling Derringer to his face. “you aren’t welcome here, we won’t help you, you should leave New Mexico.” Accordingly, over the last 2 ½ years the NMLB acting in assistance and protection (all Derringer witnessed with over 100 photos) of the Sinaloa Cartel, particularly protecting Benjamin Benavidez Jr. and Benavidez Ranch, are responsible for stealing well over 239+ Derringer horses. The NMLB is absolutely involved as traitors to the US protecting the Sinaloa Cartel. [3] With sustainable proof Derringer sued in D-1314-CV-2021-00541 -Derringer v. Davis & Derringer v. State of New Mexico, NMLB et. al.. Derringer was forced to sue again exposing all NM corruption and NMLB and NMLB employees involved with the Sinaloa Cartel in CV-2022-03437; CV-2018-00514. NM Judiciary still “rigging” cases in treason and corruption, Derringer again sued the NMLB in CV-2023-0527, [Exhibit 2] wherein they Defaulted for a Derringer win, obstructed again in “rigging” the case. Part of the foundation of the Case CV-2023-0527 was the illegal fraud on the court, illegal arrest, illegal imprisonment of Derringer based on the falsified criminal complaint [Exhibit 3] of Officer Justin Gray’s NMLB partner Officer Manuel Monte. This was a felony violation by Officer Monte, (NMSA 30-39-1) based on the false police report by the horse rustler Benjamin Benavidez Jr. to the NMLB (NMSA 30-39-1. Penal Code 118.1 has to be enforced against both Officer Monte and Officer Gray by this Court. [4] This Court will easily see that the instant Officer Gray false criminal Complaint, in fraud, is the same exact falsified criminal Complaint by Officer Monte on April 8, 2003 with “added embellishments” of more counts. The Defendant’s Motion to Dismiss was definitive to defeat the fraud and falsified criminal Complaint of Officer Monte. [Exhibit 4] The “truth” is that Benavidez herds and allows Derringer and other Pajarito horses through the illegal non-compliant NMSA 77-16-1 Santolina/Pajarito 4-mile Ease/West fence line, by violating/ignoring the Santolina grazing permit of Benavidez’ that mandates and stipulates the Pajarito fence line be rebuilt and maintained to NMSA 77-16-1. As Benavidez rustles the Pajarito horses by gaining their criminal adverse possession on the Santolina by closing the perimeter barbed wire fence, (larceny NMSA 30-16-1) [Exhibit 5] (of which almost 100 photos exist)] immediately depriving the horses escape to their home on the open range of the Pajarito, thus also criminally depriving the horses their access to the water provided by legal owner Derringer on the Pajarito (abuse of animals NMSA 30-18-1) Benavidez illegally herds them into Benavidez permanent pens [Exhibit 6] (of which almost 50 photos exist)] in the middle of the Santolina grazing permit showing ABSOLUTE INTENT OF LARCENY, and then loads them in Defendant’s Benavidez personal trailers (Derringer has 100+ photographs, including the NMLB Albuquerque Livestock Inspector Francisco “Cisco” Lovato helping steal the Derringer horses with a silver NMLB truck and black livestock trailer). The motive of criminal Complaint here is to mis-use the courts to interfere with the proper functioning and decision-making of a court. With mis-use of power as criminal abuse of process and criminal malicious prosecution NMLB Officer Justin Gray continues to “re-file” the false criminal Complaint of his partner Officer Monte to continue to create a false arrest record against Derringer and ads additional counts so as to try against to create a felony to put Derringer in prison with the frivolous, illegal, baseless, fraud on the court. [5] The two fraudulent police reports of Sinaloa Cartel horse rustler Benavidez, and false-fraudulent criminal filing (Officer Monte and Officer Gray), are designed for the illegal arrest, illegal imprisonment and treason protection for the Sinaloa Cartel by arresting and jailing David Derringer. The NMLB acts out the same playbook Democrats use as the Stalin/Communist-Democrat witch-hunt for Donald Trump manual to arrest and jail any opposition who is exposing the treason and public corruption of New Mexico. Derringer exposes the Sinaloa bribery and kickbacks to NM Judges, politicians, lawyers, elite, administration, officials of their use and abuse of cocaine, fentanyl, methylamphetamines, human trafficking, prostitution, minors used for pedophilia and automatic weapons trafficking, and LIVESTOCK HORSE RUSTLING by the invading Mexican National Sinaloa Cartel. Clearly, the 5th Amendment is totally violated here by the fraud and false criminal Complaint, the issue of “double jeopardy” is questionable also. On the first NMLB false criminal Complaint, upon valid Motion to Dismiss, the NMLB withdrew without a tangible “judgment”, only now to bring the same exact false criminal Complaint adding more counts. Without criminal consequences to the NMLB, Officer and citizen Manuel Monte, and Officer and citizen Justin Gray, {Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333} the criminal acts of the NMLB attacking Derringer by “use of a badge of Gestapo” will continue time after time “ad infinitum”. [6] The “founders” idea of double jeopardy and US Constitution Article III was not intended for government to attack the citizens relentlessly. [7] as spot on point of fact, rustling, government “interference” and protection of the invading enemy to persecute, harass and obstruct justice against Derringer by stealing his “personal property” horses are well defined as against all rule of law by the Officer Gray as “treason”. Stealing Derringer’s 239+ horses is a magnitude of corruption endorsed and in collusion of the invading Sinaloa Cartel with the NMLB, whereas Officer Justin Grey (and all others) are accountable under law. [8] Defendant Derringer has talked to the FBI of recorded record at 2:00 PM on August 16, 2023 who have concurred with Derringer’s thus filed criminal complaint against all NMLB and Officers involved under treason, obstruction of justice, intimidation, conspiracy against rights, deprivation of rights under color of law, conspiracy, collusion, RICO Racketeering, and public corruption. Derringer has also involved the DOJ, DHS, and messages to the Military Tribunal treason investigation unit at Guantanamo Bay (GITMO) regarding the treason threat to national security at {adam.r.cole6.mil@mail.mil} with the intent to gain arrest, prosecution, and accountability of all NM individuals and government employees involved in treason and RICO Racketeering against the United States aiding, abetting, protecting and facilitating the invasion of the Mexican National Sinaloa Cartel, where Constitution stipulates hanging.

MOTION FOR COURT MANDATED DUTIES TO ACT

AGAINST CRIMES BEING COMMITTED IN THIS COURT

Egregious and extreme criminal acts are being committed in this court by “prosecutor” (Officer Justin Gray) of a false and fraud on the court criminal Complaint falsely filed by NMLB Officer Justin Gray as merely a compilation of the previous false complaint by partner Officer Manuel Monte, “inexplicably intertwined” with this case as matters “appurtenant to”, “arising under”, “arising in”, “related to” and criminal acts ongoing mandated for this court to resolve under constitution, statutory mandates, case law and to protect the integrity of the court and judiciary process by “sustaining the rule of law”. The basis for this false criminal Complaint is to act in retaliation, retribution and revenge against Defendant Derringer’s Civil Cases before and present CV-2023-05227. This court is mandated to act to invoke prosecution against Officer Justin Gray (and Officer Manuel Monte in collusion and conspiracy) under NMSA 30-39-1 for accepting knowingly a false report from Sinaloa Cartel horse rustler Benavidez, and acting knowingly in fraud on the court and false compiling a criminal Complaint against David Derringer. Penal Code prosecution applies under 118.1, as does “treason”. Martinez v. Winner, 771 F.2d 424 opinion modified on denial of rehearing 778 F.2d 553, cert granted, vacated; Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230 “A judge is not only entitled, but also has a duty to take all lawful measures reasonably necessary to prevent the occurrence of a crime in his courtroom.” This false filing is fraud on the court, which itself dismisses the action. Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters ...") . To continue this persecution of aiding the very person Benavidez stealing the horses by prosecution of the owner allegedly releasing stolen personal living property mandated to allow them not to die deprived of access to their water on the Pajarito is abhorrent miscarriage of justice. [9] , After all default and discharge of duties whilst calling 911 to NMLB, BCSO, and NMSP “refusing” to release stolen horses in discharge of NMSA 29-1-2, and refusing to obey NMSA 77-9-22(F) against horse rustler Benavidez, it would be a legal ability under NM Ct. App. “FENCE THEM OUT” No. 12-8853 and NMSA 77-16-1 for release of the stolen horses to get to their water, by “anyone”. The false criminal Complaint is merely marked by an "unconscionable plan or scheme which is designed to improperly influence the court in its decisions," (emphasis supplied). Transaero, Inc. v. La Fuerza Area Boliviana, 24 F.3d 457, 460 (2d Cir. 1994). A False report is when an individual or a police officer gives a report of an incident that is not 100% accurate. There are serious consequences for officers who file a false report because it can create interference with a court case and even prove lack of integrity of the officer. Statute NMSA 30-39-1 exist for a prosecutor to convict an officer on a false reporting charge. Officer Justin Gray (and Officer Manuel Monte originator of the same base of Complaint) are Officers that wrote both false Complaints while in their official positions. Both Officers wrote the 2 Complaints with the intent to lie (i.e. criminal matter). Both Complaints against Derringer contain deliberate and malicious known errors in law and contain false information regarding a material matter. Both Officers Manuel Monte and Officer Justin Gray knew the writing of the Complaint was false, both in law, and alleged claimed actions of David Derringer and wrote the misinformation while knowing it was false. Penal Code 118.1 directly applies [10] as does treason US Code 18 U.S.C.§ 2381 wherein both Officers, and the NMLB “to protect the invading Mexican National Sinaloa Cartel” know they are “refusing” to arrest Sinaloa Cartel Benavidez under mandates of NMSA 77-9-22(F) wherein the locked-up horses are not legal property of either Benjamin Benavidez Jr. or Benavidez Ranch. “Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or imprisoned and fined, and incapable of holding any U.S. office.”

In defining action, Benavidez Ranch employee [Exhibit 7] (name not known) was deliberately locking in Derringer horses, when Derringer was going by the SW corner of the Santolina. Benavidez Ranch and the employee had Derringer horses behind him, while closing the barbed wire to prevent their escape. Derringer yelled at the man to immediate release Derringer’s horses to their home on the Pajarito. The man replied “they are not your horses, they belong to county” and would not open the fence to release them. Point of fact is that Benjamin Ranch thus knowingly admitted (although a false statement wherein “county” owns no horses on either the Santolina or Pajarito) that the horses just locked up and thus both stolen (NMSA 30-16-1) and deprived as captured to deny access to water (NMSA 30-18-1) (2 felonies for each horse) were knowingly NOT HORSES OWNED BY BENAVIDEZ RANCH. NM Stat § 77-9-22 (2021) F. The possession by any person of livestock having a brand not his recorded brand unless he has a bill of sale or authority in writing to possess or sell the livestock shall be take [taken] as prima facie evidence that he committed larceny of the livestock except in instances where stray or injured animals are inadvertently impounded and shall be sufficient for his conviction of larceny unless the evidence shows his innocence.

NMLB Officer Justin Gray, just as his partner NMLB Manuel Monte have done extreme criminal abuse of process and criminal malicious prosecution. The totally intertwined forgoing false, fraudulent criminal Complaint Case No. T-4-CR-2023-002115 filed by Officer Manuel Monte was exclusively designed to attack Derringer in using a known fraudulent police report by Sinaloa Cartel Benjamin Benavidez Jr. stealing the Derringer horses by “entrapment” and upset that Derringer recovered some horses stolen and being deprived of access to the Pajarito and their water, so complained to their state agency in collusion with the Cartel to attack horse owner Derringer to continue to facilitate the rustling. NMLB “knowingly” is protecting the Sinaloa Cartel in the Democrat political agenda “wanting” the invasion of America. Historically the East/West fence line called Pajarito fence has existed for 110 years, never maintained and never rebuilt to mandated statutory standards. [Exhibit 8] The Court can easily see that many places of the Pajarito fence are “one strand” of barbed wire. NMSA 77-16-4. [Barbed wire fence; specifications.] When fences are constructed of barbed wire and posts they shall be built substantially as follows: posts set firmly in the ground aand [and] projecting above the ground not less than four feet, said posts to be not less than two inches in diameter at the smaller end, and to be set not over thirty-three feet apart; four barbed wires to be strung firmly and securely fastened to said posts, the bottom wire to be placed approximately twelve inches from the ground, the second wire to be approximately twelve inches above the bottom wire, the third wire to be approximately twelve inches above the second wire and the fourth wire to be approximately twelve inches above the third wire; and between each two posts there shall be placed approximately equidistant apart three stays to be securely fastened to said wires for the purpose of holding the wires in position. Any four-wire fence greater or equivalent to said fence in strength and resisting power shall be considered a legal fence. In a similar illegal action attack the Board of County Commissioners v. Ivan Benavidez fraudulently attempted to file criminal charges against Ivan Benavidez for his cattle being on the Metropolitan Detention Center whereas the same Pajarito dilapidated fence line, same as the Santolina, is non-conforming to NMSA 77-16-1. Rule of law prevailed in NM Ct. App. No. 12-8853 as NMSA 77-16-1 is FENCE THEM OUT. Meaning that without a proper fence to Legislated standards the responsibility was the County of Bernalillo, not cattle owner Ivan Benavidez, so as without a legal compliant fence there was no livestock trespass on the Metropolitan Detention Center parking lot, no legal claims of damages to MDC property, and wherein essentially the MDC parking lot was “open range” for livestock where the owner could also enter “without trespass” and open the Pajarito fence to herd/retrieve his personal property of Livestock. NMSA 77-16-3. [Damages on fenced lands; right of action; lien on animals.] When any trespassing shall have been done by any cattle, horses, sheep, goats, hogs or other livestock upon the cultivated or enclosed ground of any other person, when the same is fenced as provided by Section 77-16-1 NMSA 1978, but not otherwise, such person may recover any damage that he may sustain by reason thereof by suit in any court having jurisdiction and a person so damaged is hereby given a lien on all livestock of the same kind and brand, belonging to the owner of such trespassing animal or animals for security of his damages and costs; but in no case shall he have such lien nor shall he be entitled to recover any damages, under any circumstances, for such trespass, unless he has such lands and crops enclosed by a legal fence as provided by the preceding section [77-16-1 NMSA 1978]. Accordingly, when Officer Manuel Monte and now Officer Justin Gray falsify a criminal complaint against Derringer, alleging that Derringer (legally) opened the Pajarito “one strand” of barbed wire to allow rescue of his horses stolen by Benavidez so they did not die without water, Officer Monte and Gray not only do FRAID ON THE COURT, violations of NMSA 30-39-1, and deliberate and knowingly malicious prosecution, [11] criminal abuse of process and pre-meditated falsifying a criminal complaint by known fraud of the police report of Sinaloa Cartel Benjamin Benavidez Jr. in deliberate INTENT to defraud the court, not only falsifying 1 count of damage to fence, but same time, date, embellishing the false complaint into allegedly the same act “11 times”, the last (#11) on the original being hand written (just to make sure there might be enough for a felony conviction) all in criminal violation of PENAL CODE 118-1. [12] Therefore, Officer Monte did extreme crimes and fraud on the court, as now Officer Justin Gray does the exact same acts with “increase” of the original. Fraud on the court should embrace only that species of fraud which does or attempts to, subvert the integrity of the court itself, or is a fraud perpetrated by officers of the court) (citation omitted); Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980). ; Fraud on the court must involve an unconscionable plan or scheme which is designed to improperly influence the court in its decision . Davenport Recycling Assocs. v. C.I.R., 220 F.3d 1255, 1262 (11th Cir. 2000) (alleged fraud on tax court). It has been found only in those instances where the fraud vitiates the court's ability to reach an impartial disposition of the case before it. Hence, all 11 bogus counts in the falsified April 8, criminal Complaint and illegal arrest and illegal jail of Derringer were criminal acts enabled by public corruption of the NMLB “protecting” the Sinaloa Cartel in “treason” against America, and now Officer Justin Gray perpetuates the same crimes in acceleration. Comes now the same exact deliberate (Penal Code 118-1) criminal falsification criminal Complaint filed again by Officer Justin Gray (Officer Manuel Monte’s partner). This time, Officer Gray types the same falsification/fraud of Officer Monte adding more provable fraud with yet another 4 false counts of “damage to fence”, then adding false criminal trespass of livestock, and false failure to produce horse ownership against Derringer. Not only does Officer Gray sustain the INTENT with knowledge of falsifying a criminal Complaint with adding 4 more “false damage to fence” but knowing well NM Court of Appeals No. 12-8853 ruling coupled with NMSA 77-16-3, that he was deliberately falsifying a count of “trespass” with full knowledge the Pajarito fence has always been in disrepair for 110 years for over 4 miles, thus making the Benavidez “Santolina” “open range”; absolute evidence under Penal Code 118.1. Additional willful and deliberate falsifying the criminal Complaint is the last count of Derringer’s failure to produce horse ownership papers for stolen horses on the Santolina LOCKED UP stolen by Benavidez, and deprived of water as 2 separate counts for each horse of larceny NMSA 30-16-1, and abuse of animals depriving release to “home” on the Pajarito to Derringer’s water for them NMSA 30-18-1. Thus, whereas it is Benavidez that is mandated to produce bills of sale ownership papers for the stolen horses Benavidez has captured illegally, not Derringer’s forced to show proof of ownership, or letting Benavidez keep stolen horses. Therefore, Officer Gray knows there is no statutory authority to file criminal charges against Derringer wherein all Derringer horses are “FREE” on the open range of the Pajarito not locked in pens wherein NMSA 77-9-22(F) DOES NOT APPLY TO DERRINGER, BUT ABSOLUTELY DOES APPLY TO ARREST AND PROSECUTE BENAVIDE with locked up horses he does not own. Hence, the false count is blatant fraud and known and deliberate falsification designed to gain more counts against Derringer hoping for a felony conviction and to intimidate and threaten Derringer as violation of 42 U.S. Code § 3617 - Interference, coercion, or intimidation in retribution of the several Civil law suits Derringer has filed against not only the NMLB but against Officer Manuel Monte as an Officer, and as an individual NM citizen, and against Officer Justin Gray as an Officer, and as an individual NM citizen. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 3603, 3604, 3605, or 3606 of this title. Accordingly, the gross, extreme falsification of this instant criminal Complaint sustain criminal conviction against Officer Justin Gray, citizen Justin Gray under NMSA 30-39-1, Penal Code 118.1 and treason and other federal crimes willfully committed against Derringer to protect the invading Mexican National Sinaloa Cartel.

MOTION FOR SANCTIONS AGAINST OFFICER JUSTIN GRAY

AND INDIVIDUAL CITIZEN JUSTIN GRAY

Defendant Derringer requests of the Court to punish Officer Justin Gray acting in discharge of duties in abuse of process, and malicious prosecution to knowingly produce a paraphrased former Officer Manuel Monte false criminal Complaint against Derringer for both harassment and treason purposes against the United States to assist and protect the invading Mexican National Sinaloa Cartel Benavidez and others involved. Derringer asks permission to punish: sanctions without boundaries Harrison v. Bd. of Regents of the Univ. of New Mexico, 2013-NMCA-105, ¶ 2, 311 P.3d 1236, for this court to sanction Officer Justin Gray and individual citizen Justin Gray separately for an amount of $100,000.00 [13] payable to victim Defendant David Derringer wherein this case is involving both false Complaint coupled with motive of treason against the United States as the most extreme and egregious acts that calls for the most extreme punishment even over and above NMSA 30-39-1 and Penal Code 118.1. Each judge has inherent authority to regulate the litigation in his or her courtroom. Inherent authority also includes the ability to sanction parties or attorneys for behavior that is contrary to the integrity of the judicial process. In NM Court of Appeals review of the “Harrison” case, the Court of Appeals upheld the sanctions. The main rationale for doing so was “ . the need to prevent abusive litigation practice and preserve the integrity of the judicial process.” Derringer has requested sanctions in also the Civil matter CV-2023-05227. [Exhibit 9]

For the above legal reasons the entire Case No. T-4-CR-2023-003902 must be dismissed under rule of law WITH PREJUDICE.

David Derringer

[1] Section 29-1-1 - Investigation of criminal violations; commencement of prosecution; cooperation; removal. Universal Citation: NM Stat § 29-1-1 (2018) 29-1-1. Investigation of criminal violations; commencement of prosecution; cooperation; removal. It is hereby declared to be the duty of every sheriff, deputy sheriff, constable and every other peace officer to investigate all violations of the criminal laws of the state which are called to the attention of any such officer or of which he is aware, and it is also declared the duty of every such officer to diligently file a complaint or information, if the circumstances are such as to indicate to a reasonably prudent person that such action should be taken, and it is also declared his duty to cooperate with and assist the attorney general, district attorney or other prosecutor, if any, in all reasonable ways. Such cooperation shall include the prompt reporting of all arrests for liquor law violations at licensed liquor establishments to the department of alcoholic beverage control. Failure to perform his duty in any material way shall subject such officer to removal from office and payment of all costs of prosecution.: NM Stat § 29-1-2 (2021) That it shall be the duty of all sheriffs, deputy sheriffs and constables, in their respective counties, to employ all lawful means to immediately trace and discover all livestock and other property which may have been stolen or unlawfully taken from the possession of the true owner thereof. . [2] A governmental entity and its law enforcement officers may be held liable, after receiving notice, for negligently failing to take adequate action to protect a citizen from imminent danger and injury because of failure to adopt proper procedures for responding to and investigating a reported criminal act. Schear v. Board of Cnty. Comm'rs, 1984-NMSC-079, 101 N.M. 671, 687 P.2d 728. [3] The statutory obligations that officers cooperate with prosecutors and bring defendants before the courts are primarily designed to protect the public by ensuring that dangerous criminals are removed from society and brought to justice; accordingly, as with the duty to investigate crimes under this section, the duties of cooperating with prosecutors, diligently filing complaints, and bringing defendants before the courts inure to the benefit of private individuals, and the violation of these statutory duties may give rise to a cognizable claim under the Tort Claims Act, Sections 41-4-1 through 41-4-27 NMSA 1978. Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313. [4] Martinez v. Winner, 771 F.2d 424 opinion modified on denial of rehearing 778 F.2d 553, cert granted, vacated; Tyus v. Martinez, 106 Supreme Court 1787, 475 US 1138, 90 L.Ed.2d 333 on remand 800 F.2d 230 “A judge is not only entitled, but also has a duty to take all lawful measures reasonably necessary to prevent the occurrence of a crime in his courtroom.” [5] Fraud on the court should embrace only that species of fraud which does or attempts to, subvert the integrity of the court itself, or is a fraud perpetrated by officers of the court {as Officer Justin Gray becomes as “prosecutor”}) (citation omitted); Kerwit Med. Prods., Inc. v. N. & H. Instruments, Inc., 616 F.2d 833, 837 (11th Cir. 1980). [6] Monroe v. Pape, 365 U.S., at 184 “Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” [7] The Fifth Amendment breaks down into five rights or protections: the right to a jury trial when you're charged with a crime, protection against double jeopardy, protection against self-incrimination, the right to a fair trial, and protection against the taking of property by the government without compensation. [8] Private Property Act of US Code Title 42 Section 1982. Title 42-Chapter 21-Sub-chapter I-Section 1982 USCA “Property rights of citizens” “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”. 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.” City of Memphis v. Greene, Tenn. 1981 101 S. Court 1584, 451 US 100, 67 L.Ed.2d 769 rehearing denied 101 S. Ct. 3100, 452 US 955, 69 L.Ed.2d 965; Terry Properties Inc. v. Standard Oil Co., (Ind) CA11 (Ala) 1986, 799 F.2d 1523. [9] Chief Justice John Marshall acknowledged that a court may grant relief from judgment where a new matter "clearly proves it to be against conscience to execute a judgment.. Marine Ins. Co. of Alexandria v. Hodgson, 11 U.S. (7 Cranch) 332, 336 (1813). He further emphasized that an Article III court can grant relief where the "equity of the applicant [is] free from doubt," and where a judgment "would be against conscience for the person who has obtained it to avail himself." [10] “Every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, whether or not the statement is certified or otherwise expressly reported as true, is guilty of filing a false report punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years.” [11] NMSA Section 30-27-1 - Malicious criminal prosecution. Malicious criminal prosecution consists of maliciously procuring or attempting to procure an indictment or otherwise causing or attempting to cause a criminal charge to be preferred or prosecuted against an innocent person, knowing him to be innocent. [12] NOTE: Ivan Benavidez is the uncle of Sinaloa Cartel member horse rustler Benjamin Benavidez Jr. and Benavidez Ranch, wherein both Benavidez and the NMLB have full “knowledge” of the ruling and legal ramifications of NM Ct. App. No. 12-8853 FENCE THEM OUT. [13] Harrison v. Bd. of Regents of the Univ. of New Mexico, 2013-NMCA-105, ¶ 2, 311 P.3d 1236.