BARRIE DERRINGER, AKA, BARRIE LEE BEVERLEY, AKA BARRIE CROWE

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO New Mexico Court of Appeals ______________ Second Judicial District Court No. DM-12-0610 Rel. DV-12-234 BARRIE LEE DERRINGER, Appellee/Petitioner, v. DAVID BRIAN DERRINGER, Appellant/Respondent, LIFE OR DEATH EXTREME EMERGENCY MOTION FOR A COURT ORDER AGAINST APPELLEE/PETITIONER BARRIE DERRINGER, FOR MANDATED LIVE ANIMAL COMMUNITY INCOME SUPPORT, AND COURT ORDERED COUNSELING UNDER STATUTORY MANDATES OF NMSA 30-18-1, FILED BY APPELLANT/RESPONDENT HUSBAND DAVID DERRINGER COMES NOW the Appellant/Respondent Pro-Se with his Motion as stated above. This motion is EXTREMELY TIME SENSITIVE as it involves the very lives of 27 Derringer animals held dear to the Appellant/Respondent husband David Derringer as well as in the past held dear to the Appellee/Petitioner wife Barrie Derringer, before the perceived emotional breakdown of Barrie Derringer on December 27, 2011 and ongoing. [Exhibit 1] As of this time, Barrie Derringer is still married in full force, and the legal wife of David Derringer, without any legal divorce, and is totally liable both legally and morally to the care and maintenance of all of the Derringer animals and livestock as “community debt” and “community responsibility”. Eaves v. US, 433 F.2d 1296 Under New Mexico law, if identity can be traced, community property assets retain their community property characteristics. All income of both David Derringer and Barrie Derringer have been proven and can easily be shown to be “community property income” and available to 50% for each/both parties access for animal maintenance, bills and life related necessities. Flores v. Flores, 506 P.2d 345, 84 NM 601, cert denied 506 P.2d 336, 84 NM 592 Spouses are equal partners; “legal identity” of husband and wife does not exists in New Mexico. 1953 Comp. 21-6-6, 57-2-6, 57-3-4, 57-3-6, 57-3-9. Barrie Derringer makes an income net take-home each month of $2,600.00, as she testified to under Oath in the Second Judicial District Court DM 12-610 /Rel. DV-12-234 on April 10, 2012, that is “community income” from the work at Maestas and Ward, and well as receiving additional income of about an additional $1,800.00 per month from the rental of her own commercial property at Sedona, located near Louisiana and Paseo Del Norte in Albuquerque, New Mexico. David Derringer has cancer and has only a disability income of $698.00 per month. The Derringer animals include dogs, cats, one donkey and horses, with both moral and legal responsibility of both parties equally of David Derringer and Barrie Derringer. {SEE NMSA 30-18-1; Bernalillo County Code Chapter Six Sections 6-47; 6-58(a)(c); 6-60(b) [Exhibit 2]} Flores v. Flores, 506 P.2d 345, 84 NM 601, cert denied 506 P.2d 336, 84 NM 592 Spouses are equal partners; “legal identity” of husband and wife does not exists in New Mexico. 1953 Comp. 21-6-6, 57-2-6, 57-3-4, 57-3-6, 57-3-9. When Barrie Derringer left David Derringer for no cause on December 27, 2011, she then rented a three bedroom house for only herself at $900.00 per month, plus utilities; stopped paying the Derringer bills; of animals, $85.00 per month public service, $700.00 per month storage fees, and stopped paying all other bills; took all of the Derringer’s money from the bank accounts, changed her one income direct deposits of the $2,600.00 from Maestas and Ward and the income of Sedona of $1,800.00 per month to a new account of her own name; had taken “community income” previously of unknown amount and created a “savings account” under her own name, and thought that she could simply “run away” and “abandon” both her husband and the animals, to “move on” as she described her irrational behavior that is not at all “legal”. Martinez v. Lucero, 1 NM 208, 1 Gild, 208 “Equity will not grant separate maintenance to wife unless the husband has abandoned or deserted her. Where the separation of the wife from her husband is voluntary and is caused by no cruelty or ill treatment..it accomplishes a purpose which is deemed subversive of the true policy of the matrimonial law and destructive of the best interests of society”.; Portillo v. Shappie, “Community property” consists of all property acquired by either or both spouses during marriage, which is not separate property, and its rents, issues and profits. NMSA 1978, 40-3-8.; Matter of Morrow’s Estate, The act of a joint tenant or tenant by entirety in withdrawing all money from account does not destroy joint estate, or the estate by entireties, as case may be. Unilateral action of husband in altering joint bank accounts, during incompetency of wife who was joint tenant with right of survivorship, by transferring funds to accounts in his sole name and in having wife’s name removed from remaining accounts, did not destroy the joint tenancy, and thus wife, as surviving joint tenant, became sole owner of funds. All of the acts of Barrie Derringer from December 27, 2011 were illegal, unethical, immoral and “disgusting” to the rational person, leaving her husband David Derringer to clean up, rescue, evacuate, and survive the extreme damages of the fire disaster as well as the egregious situations of living conditions, moving and caring for the 27 remaining Derringer animals, and “surviving” emotionally, not only with the grief shared by Barrie Derringer, but with the additional emotional distress of “losing his wife” as well, through no fault of the husband David Derringer. Since the end of December 2011 and the months of January, February, March, April and May, (and ongoing) Barrie Derringer has entirely denied, kept, detained, and misused the “community income” against husband David Derringer, and has denied any care, maintenance, or sustenance for the Derringer live animals. Martinez v. Block, 858 P.2d 429, 115 NM 762 labor of parties belongs to community rather than individuals. Each month Barrie Derringer pays at least $200.00 for attorney fees to attempt to divorce her loving husband, while denying food for the 27 Derringer animals with that needed money. Each and every month Barrie Derringer legally had to give at least $1,300.00 to husband David Derringer as at least ½ of the “community income” generated by Barrie Derringer which was never done. To date of May, 2012, Barrie Derringer owes David Derringer $6,500.00 in “community income” through May, 2012, and then at least $1,300.00 the first of June, 2012 and ongoing until any divorce is final. This “income” of “community property” is vital and mandated to keep the Derringer animals alive. David Derringer has been using all of the disability income of $698.00 per month and selling items, scraping, and scrambling for extra money to make the needed $1,400.00 each month for maintaining the Derringer animals for the last 5 months without any assistance from Barrie Derringer and has totally run out of money. Without the instant immediate Order from this court to “force” Barrie Derringer to give David Derringer “community income” all 27 animals of the Derringers’ will “die”. The animals require food, water, and money for gasoline to get the food and water since there is no well functional at the location of the animals, as well as medical care, now mandated vet bills by Bernalillo County, vaccinations, permits, and many other aspects of animal ownership and custody and care required. Barrie Derringer has acted both selfishly and totally irresponsibly as an adult and as a legal wife and has simply taken and stolen the very food from the mouths of the animals to have a luxurious three bedroom house for only herself, killing the Derringer animals and legally betraying both her husband and the family of animals, which are both “illegal acts” under all statutory and case laws, and “criminal acts” by Barrie Derringer under the New Mexico statutory codes of NMSA 30-18-1; Bernalillo County Code Chapter Six Sections 6-47; 6-58(a)(c); 6-60(b). On May 2, 2012, David Derringer received a Notice of Alleged Violation [Exhibit 1] concerning the loss of weight of three of the Derringer’s horses, “Nicky”old at age 32, “Chip” old at age 31, and “Crackerjack” old at age 21, due to the lack of money for buying enough hay and extra supplements that are needed in particular for these three animals due to the deprivation of Barrie Derringer not giving David Derringer any of the community money. In point of fact, “all” of the Derringer animals are suffering and have lost weight of at least 100# per horse and others also, since David Derringer only has his disability income of $698.00 per month to work with to pay over $1,400.00 worth of animal care bills, and has no money for other bills, or gasoline that are needed to survive. Hence, as example, the NM Public Service Company has shut off all electricity since Barrie Derringer has not allowed any “community money” to pay those bills for over four months and the bill at shut off was well over $330,00 that David Derringer cannot pay and still keep the Derringer animals alive. David Derringer does not enough money for gasoline to both gain the animal food or food for himself, or to get the water to the animals necessary for “LIFE”. David Derringer last week had already had a conversation/complaint filed with the Bernalillo County Sheriff Department against wife Barrie Derringer for her “refusal” to allow David Derringer to have ½ of any of the “community income” that is absolutely necessary for the “care and maintenance” of the Derringer animals which constitutes “ABANDONMENT” under Bernalillo County Code Chapter Six Section 6-47 “It is unlawful for a person to abandon an animal”. As of December 27, 2011, Barrie Derringer “abandoned” her husband that loved her, all of the animals that loved her, and disregarded any money or food for either of such living entities. In Barrie Derringer’s “breakdown”, Barrie Derringer has disregarded any emotional tie to any other living entity and does not even love herself, and has abandoned her marriage, her husband and her family of animals entirely, and only thought of her own comfort. Then on May 3, 2012, David Derringer first had a conversation with the Bernalillo Animal Control in the morning, wherein David Derringer described the facts that legal wife Barrie Derringer was illegally keeping all of the “community income” that was necessary for the upkeep of the animals and that Barrie Derringer was just as liable for any “criminal acts” of abandonment or citations. Bernalillo Animal Control agreed to call and talk to Barrie Derringer about this matter. Later in the afternoon, David Derringer again talked to the Bernalillo Animal Control, who stated that they had indeed talked to wife Barrie Derringer, and wherein Barrie Derringer told them to “confiscate and destroy/kill all of the 27 Derringer animals, and that she would pay no money from the “community income” for any food, care or maintenance of the Derringer dogs, cats or livestock.” Clearly, this court should be both outraged and disgusted with a human being that would kill 27 animals so that she could steal all of the “community income” to have her three bedroom house only for herself in her perceived “comfort”. This court is mandated under law NMSA 30-18-1 to Order as stated in statute “counseling” for any human being so uncaring and vile thinking to abandon, betray and kill 27 animals for no cause other than to be selfish and self-serving with “community money” deprived to a husband who is care-taking the animals with every breath of his life to save them and maintain them as proper. There is clearly something wrong and haywire with Barrie Derringer’s thinking at this time of “emotional mental stability” that has to be corrected. David Derringer has tried multiple times and repeatedly in court motions, requests to law enforcement, Albuquerque CIT, the District Attorney, the NM Attorney General, and other means to gain necessary “counseling” for his wife Barrie Derringer, but to no avail, as each entity will not act until “Barrie Derringer” requests or goes to counseling herself, which she will not. Barrie Derringer does not think that she is acting “irrationally” and thus will seek no help in any respect. These “acts” by husband David Derringer have been done out of “pure love” for his wife, as David Derringer loves Barrie Derringer with all of his heart and stands by her in these desperate times still, when Barrie Derringer needs emotional help in attaining a balance of “love” that used to be in her heart there for all living creatures including, but not limited to husband David Derringer and all of the Derringer animals, wild animals, other people’s animals and other living creatures. Barrie Derringer has been ignorant, insecure, defensive and oblivious to the “love” that David Derringer is using to “help” his wife be “emotionally stable” in all respects, and instead has been “offended”, “outraged”, “angered” and “insulted”, that David Derringer seeks to have “counseling” available for Barrie Derringer. Barrie Derringer states in court that David Derringer thinks of her as “crazy” and that David Derringer drives her away and angers her with such attempts to gain counseling for Barrie Derringer. Clearly, Barrie Derringer knows no meaning of the word “love” that a person that really loves someone tries to make sure that person is in sound mind and body for their own physical and emotional health as David Derringer is trying to do for his own wife. However, the stage has been burnt and destroyed by Barrie Derringer now attacking and trying to kill all 27 of the Derringer animals with her irrational behavior when she apparently sincerely believes that she has no emotional problems. On December 23, 2011, the Derringer house burned down burning to death 5 of the Derringer dogs, only about three days after three other Derringer pets had died of old age; this scenario just two days before Christmas. Notwithstanding, the grief and emotional despair of both losing the dogs as well as losing the house and the “light at the end of the tunnel” of having a nice place to live was extreme. On December 27, 2011, wife (Appellee/Petitioner) Barrie Derringer left David Derringer permanently for no logical or viable reason, as it has been determined that the “house fire” was arson of another and in no way was the fault of either David Derringer or Barrie Derringer as to the death of the 5 Derringer dogs. Barrie Derringer then took all of the income from her work at Maestas and Ward for “herself” and even claimed in the hearing of April 10, 2012 that it was “her money”. Florez v. Florez, 506 P.2d 345, 84 NM 601, cert denied 506 p.2d 336, 84 NM 592. The law does not at all agree with Barrie Derringer, and Barrie Derringer simply does as she pleases with “community income” to the detriment of all bills, maintenance of both David Derringer, the property, and the animals; Matter of Morrow’s Estate, 570 P.2d 912, 91 NM 81. Barrie Derringer seems to have only “tunnel vision” of wanting a divorce for frivolous and whim reasoning, to the extent that even if a woman woke up one morning and decided that she had the “prerogative to simply ‘change her mind’ and not be married today”, as is acting Barrie Derringer to disregard vows, legal marriage contracts, all law, all obligations, all morality, all ethics, and take all money to “move on” and gain a bigger and better deal, with now her statement that “all of the 27 Derringer animals should simply be killed”, so Barrie Derringer can have her own way. Barrie Derringer now apparently has shown a total “disregard” for living creatures as it was well pleaded and testified under Oath in the hearing of April 10, 2012 by David Derringer of the need of community funds for animal feeding, and after Bernalillo Animal Control contacted Barrie Derringer, she has no intention of giving any of the “community funds” to David Derringer or the Derringer animals at any time, treating the Derringer animals as “collateral damage”, without any care whether they live or die, and in fact stating to “kill them”. Many of these “animals”, particularly cats and dogs were acquired as taken in strays after the marriage of David Derringer to Barrie Derringer, but at the same time, even animals that were David Derringer’s at the onset are different than “tangible” items as they are living creatures that require food, water, care, and medication unlike a desk or computer, and this court has to “take judicial notice” of that fact under NMRA 1-044(8) “LAWS OF NATURE”. At this time, Barrie Derringer also now disregards the very lives of the Derringer animals she used to love unconditionally, as for example the cat “Masquerade” that used to sleep on Barrie Derringer’s head each night and which Barrie Derringer called this cat “Mask” her “baby girl”. David Derringer is due $1,300.00 from Barrie Derringer’s income from Maestas and Ward as ½ of the community income from the time Barrie Derringer left David Derringer on December 27, 2011 ongoing each month. Additionally, Barrie Derringer has admitted in testimony under Oath in the open court of April 10, 2012 that she intentionally hid and took community income prior to her leaving in an undisclosed amount and transferred thus “community income” to a private savings account under only her own name to take full control and possession illegally of such funds for her own end purposes, neither disclosing to husband David Derringer of this “conversion” nor with any agreement from her spouse for such fund to be taken illegally from “community income” to supposedly become the exclusive funds of Barrie Derringer which does not hold legally. Matter of Morrow’s Estate, 570 P.2d 912, 91 NM 81. Hence, “immediately” David Derringer is due by Order of this court, for Barrie Derringer to pay David Derringer ½ of the amount of this “savings account” from any and all times of various balances, and to pay David Derringer $6,500.00 for the collective months of January, February, March, April, and May, wherein David Derringer received no community funds from Barrie Derringer, and ongoing accordingly from June 2012 until any divorce or settlement agreement is reached. The “law”NMSA 45-2-804 mandates that Barrie Derringer make ½ half of the community funds available to spouse David Derringer to pay third parties, in this particular matter of “animals” to render enough money for support and maintenance of such animals which includes but is not limited to buying hay, dog and cat food, medications, gasoline for getting to and from food sources and taking water to the animals without availability of a well. It is entirely immaterial whether or not Barrie Derringer can make her own rent payment with the remaining half of the income, as the livelihood and wellfare of the living animals have priority and wherein Barrie Derringer could not ever have rented or separated from her husband for distinct residence of her own anyway. Martinez v. Lucero, 1 NM 208, 1 Gild 208. In fact under NMSA 45-2-804 the statute itself “demands” that Barrie Derringer vacate her expensive house, stop paying an attorney and get only use of “legal aid” and pay the bills including storage with the community funds as mandated under law. Matter of Shadden’s Estate, 599 P.2d 1071, 93 NM 274, cert denied 598 P.2d 215, 93 NM 172 cert denied Shadden v. Shadden, 598 P.2d 215, 93 NM 172. “Intent of statute, subjecting entire community proper to payment of community debts, was to protect third parties who had dealt in good faith with community during its existence against dissipation of estate by survivor before outstanding debts were taken care of”. Barrie Derringer, because of her frivolous single decision without authorization by her legal husband, while still married and legally responsible as David Derringer’s “wife” is accountable for all bills and maintenance of the animals. Martinez v. Block, 858 p.2d 429, 115 NM 762. SHORT HISTORY APPURTENANT TO THIS MATTER David Derringer and Barrie Derringer actually met on July 7, 2009. At that time one of hundreds of things in common that furiously speeded up the relationship and love between the couple is the love of animals. At that time, Barrie Beverley (later Derringer) had her best “buddy”, a cat named “Fujimoto” (Fuj, or Fuji) and David Derringer had cats, dogs, horses and donkeys. With David Derringer’s own love of cats, the bond was instant with David Derringer and “the Fuj”, and it was only three days later that David Derringer and Barrie Derringer were already “in love” with each other as a total reciprocal relationship. That happened on July 10th, 2009 when David Derringer had two of his dogs of “Dingo” and “Patches” with him while visiting Barrie Beverley and the “animal family” became born of the two. David Derringer, a “Cowboy” and outfitter, brought with him to the relationship a love and total understanding of animals, and working with them as part of his living as well as professional in the training and working with “livestock”. Barrie Beverley brought to the relationship a love of animals and yet a fear of horses and larger animals and some scepticism of some dogs and breeds. This “fear” came from childhood injuries and terrorism of being “bucked off” of horses, and fear of such large animals. The love between the two parties instantly was strong and unconditional and Cowboy David Derringer took his expertise of training horses and riding lessons to combine with the love of Barrie to gently and carefully gain the trust, balance and cooperation of Barrie to not only get Barrie over her fear of horses, but to ride and accept horses as her “friends” and companions, feeling totally at ease with them in all circumstances. David balanced the love of animals with teaching Barrie that all animals have feelings, emotions, and a “soul” just as humans think themselves unique, and Barrie became very familiar with the animals under Cowboy’s teaching and supervision. Barrie became one and totally in love with the Derringer “family” that Fujimoto became part of, and Barrie slept with cat “Mask” on her head, enjoyed being nudged by donkey El Cid, and enjoyed all of the feeding and comradery of actually “living” with animals. Barrie was taught medication, treatments and other vet procedures and became totally intertwined with the Derringer “family” as it should be. That should be ongoing now with a proper dissolution of any actions keeping Barrie and David apart. Throughout the 2 ½ years of the direct relationship and marriage of Barrie Derringer and David Derringer, before Barrie left on December 27, 2011, Barrie loved her Cowboy husband, loved the Derringer animals family unconditionally, and “received” the same unconditional love from husband David Derringer as well as 27 other little guy’s animal hearts giving their love to Barrie Derringer at all times. For the very first time in Barrie’s life, she had true love of a good husband and 27 other loving hearts giving Barrie the love she has needed all of her life. There is now a hole in Barrie’s heart that can only be filled by the love of Cowboy David Derringer and the animals of the Derringer family. During the years, some precious individuals were lost due to age, or illness. In 2010, the Derringer family lost two horses of “Zoom” and “Tiffany” due to loco weed, and the grief of Barrie Derringer was extreme, as it was for all of us. In December 2011, we lost “the Fuj” at over 18 years of age, as well as “Panther” of about the same age, and also lost the donkey “El Cid” of about 32 of old age, all within a week. Then, the disaster of the Derringer house burning on December 23, 2011 took the lives of 5 dogs of “Dingo”, “Cisco”, “Toby”, “Captain” and “Mikey”. The pain was excruciating and relentless for both the parties, but one must go on in life after such disasters. Barrie Derringer possibly “broke” in this matter, for she on December 27, 2011 left her loving Cowboy, David Derringer, as well as totally abandoned all of the Derringer family of animals, both betraying her husband and the animals that never did anything collectively but love and protect Barrie Derringer, but mainly, Barrie Derringer betrayed herself and disregarded the love she had “unconditionally” for her husband and the Derringer animals, and also left the truest love Barrie had ever had in her own life “from” her husband and all of the animals. Ever since that time, Barrie has only been concerned with her own comfort and selfish ideas of “moving on”, and has become a woman that lies, cheats and steals, without integrity, without honor, without conscience, and without any concern whether or not her husband Cowboy or the animals are alive or dead. In short, Barrie Derringer has changed her whole personality and attitude to a foreign aspect aided and abetted by others with their own agendas for Barrie and has disregarded the true meaning of “life”; that of “love” being the most important thing in the world, far superior to comfort, running water, “organization” of tangible items or Barrie’s “clean car”. The morals and duties of a wife, spouse, friend, caretaker, and “animal husband” demanded Barrie’s integrity and assistance, which Barrie refused to further give. Hence, David Derringer has tried to keep everyone going with all chores, medications, food and water runs, but has been unable to meet all demands with the very limited income of only David Derringer’s SSI of $698.00 per month when gas is $4.00 per gallon for a ten MPG truck for at least 30 miles per day, horse food at $250.00 per large bale that only lasts 7-8 days, additional supplements for the two older horses of “Nicky”,“Chip”, and “Crackerjack”, and the dog and cat food needed, as well as needed medications of bantamine, penicillin, tetrocycline, and other medications. THEREFORE, It is mandated that David Derringer have the legally available ½ of the “community income” for keeping the Derringer animals alive and well. David Derringer has been deprived by Barrie Derringer for a period of five months ongoing, with Barrie in total disregard for animals that loved her unconditionally and always did their best for her, and her “new personality” to disregard life itself as well as her husband. Clearly, Barrie’s past life and husband Charles Beverlely did not give Barrie the love given by David Derringer and the Derringer animals, and now Barrie Derringer is missing that love that she has needed so desperately in her entire life, yet disregards the ones that love her the most with a callousness and emotional shut down that is killing the Derringer animals. Clearly, Barrie Derringer has to “wake up” as to the need she has for both her loving husband and the Derringer animals, and yet that could be tomorrow, or only when she is old and grey at 85 years, but the Derringer animals have to eat and survive “now” and time is of the essence. The courts therefore have to intervene on behalf of the living creatures and mandate with Order that Barrie Derringer give the full ½ of the community income to David Derringer immediately retroactive so that the animals can eat and maintain. The very thing that Barrie desperately needs in her life as the love from her husband and contact and love from the animals, she refuses and disregards. Barrie needs to “come home” for her own emotional stability. However, as Barrie Derringer has also done “criminal acts” of proven perjury and fraud in the filing and continuance of the “order of protection” restraining orders against David Derringer when David has never done anything bad, and only loved Barrie Derringer; but now Barrie Derringer could be also held criminally liable for abuse of animals and livestock under NMSA 30-18-1-15. Barrie Derringer knows full well that David Derringer does not have enough money for proper care of the animals without the legally available ½ of the community income, and Barrie “refuses” to allow David Derringer either access or use of this community money, because Barrie is too busy with her own comforts and selfish attitude that she uses this money for her own purposes, and disregards the animals that love her. Thus, Barrie “intentionally” and “maliciously” abuses the Derringer animals withholding money “negligently” “mistreats” or “abandons or fails to provide necessary sustenance to an animal under their custody or control”. In this matter, Barrie Derringer has “custody and control” of the Derringer animals just as her husband David Derringer, who is doing his best under the conditions of not enough money, with Barrie withholding money for such past and needed present use. The Appellant/Respondent respectfully request that the New Mexico Court of Appeals instantly Order the following to save the lives of 27 living, breathing Derringer animals. 1) Order Barrie Derringer to instantly give David Derringer ½ of all money ever in the separate savings account at any time of Barrie Derringer wherein Barrie Derringer attempted to “convert” “community income and funds” to exclusively Barrie Derringer’s separate funds and Order all amount to be disclosed. 2) Order Barrie Derringer to instantly give David Derringer $6,500.00 for the ½ community income fund illegally withheld from David Derringer for the months of the last part of December, 2011, and the months of January, February, March, April and May of 2012. 3) Order Barrie Derringer to give David Derringer at least $1,300.00 the first of each month for the month of June, 2012 and then each month ongoing until any divorce or final settlement agreement is reached as ½ of the “community income”. 4) Order Barrie Derringer to undergo “counseling” under the mandates of statutory law of NMSA 30-18-1 for willful and malicious “abandonment”and intent to order, condone and facilitate the killing of the 27 Derringer animals, which undoubtedly show a misguided mind and emotional instability at this time in Barrie Derringer. 5) Order any other and further relief that this court deems just and proper and to do so instantly and immediately so that the Derringer animals suffer no further and can get fed properly immediately to regain their own physical health. Respectfully submitted by: _______________________________ David Derringer, Box 1205, Albuquerque, New Mexico 87103 CERTIFICATE OF SERVICE May 4, 2012 Petitioner’s attorney of record Alain Jackson, 423 6th St. NW Albuquerque, New Mexico 87102 505-620-6688 New Mexico 87109. On May 4, 2012 April 24, 2012 I hereby certify that I sent a copy of this pleading to: New Mexico Court of Appeals clerk P.O. Box 2008 Santa Fe, New Mexico 87504

BARRIE DERRINGER, Petitioner V. DAVID DERRINGER Respondent

STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT No. DM-12-0610 Rel. DV-12-234 BARRIE LEE DERRINGER, Petitioner, v. DAVID BRIAN DERRINGER, Respondent, RESPONDENT HUSBAND DAVID DERRINGER’S EXTREME EMERGENCY MOTION FOR A COURT ORDER FOR MANDATED LIVE ANIMAL COMMUNITY INCOME SUPPORT COMES NOW the Respondent with his Motion as stated above. This motion as others recently before must be held before a different and disinterested judge other than Judge Hadfield, due to the bias and prejudice of this particular court, as stated in different Motion to Recuse and Motion for Appeal hearing on DV-12-234. It is impossible for Judge Hadfield to rule on this motion, as she already knows of the egregious circumstances of Barrie Derringer using all of the income from her work at Maestas and Ward for “herself” and even claimed in the hearing of April 10, 2012 that it was “her money”. Florez v. Florez, 506 P.2d 345, 84 NM 601, cert denied 506 p.2d 336, 84 NM 592. The law does not at all agree with Barrie Derringer, and this judge circumvents the law and agrees and lets Barrie Derringer simply do as she pleases with “community income” to the detriment of all bills, maintenance of both David Derringer, the property, and the animals; Judge Hadfield thus also ignoring and disregarding the law. Matter of Morrow’s Estate, 570 P.2d 912, 91 NM 81. This court is shown to allow a “woman” a divorce for frivolous and whim reasoning, to the extent that even if a woman woke up one morning and decided that she had the “prerogative to simply ‘change her mind’ and not be married today”, the Judge would allow such a woman to disregard vows, legal marriage contracts and take all money to “move on” and gain a bigger and better deal. Judge Hadfiled has shown a total “disregard” for living creatures as it was well pleaded and testified under Oath in the hearing of April 10, 2012 of the need of community funds for animal feeding and Judge Hadfield could care less about the Derringer animals involved in this mess, as “collateral damage”, without any care whether they live or die. Many of these “animals”, particularly cats and dogs were acquired as taken in strays after the marriage of David Derringer to Barrie Derringer, but at the same time, even animals that were David Derringer’s at the onset are different than “tangible” items as they are living creatures that require food, water, care, and medication unlike a desk or computer, and this court has to “take judicial notice” of that fact under NMRA 1-044(8) “LAWS OF NATURE”. At this time, Barrie Derringer also now disregards the very lives of the Derringer animals she used to love unconditionally as will be explained later in this pleading. Hence, this matter must be heard by a justice other than Hadfield that will actually uphold the laws and make rulings outside of simply arbitrary and capricious ideas with no foundation or authority of law. David Derringer is due $1,300.00 from Barrie Derringer’s income from Maestas and Ward as ½ of the community income from the time Barrie Derringer left David Derringer on December 27, 2011 ongoing each month. Additionally, Barrie Derringer has admitted in testimony under Oath in the open court of April 10, 2012 that she intentionally hid and took community income prior to her leaving in an undisclosed amount and transferred thus “community income” to a private savings account under only her own name to take full control and possession illegally of such funds for her own end purposes, neither disclosing to husband David Derringer of this “conversion” nor with any agreement from her spouse for such fund to be taken illegally from “community income” to supposedly become the exclusive funds of Barrie Derringer which does not hold legally. Matter of Morrow’s Estate, 570 P.2d 912, 91 NM 81. Hence, “immediately” David Derringer is due by Order of this court, for Barrie Derringer to pay David Derringer ½ of the amount of this “savings account” from any and all times of various balances, and to pay David Derringer $5,200.00 for the collective months of January, February, March and April wherein David Derringer received no community funds from Barrie Derringer, and ongoing accordingly from May 2012 until any divorce or settlement agreement is reached. The “law”NMSA 45-2-804 mandates that Barrie Derringer make ½ half of the community funds available to spouse David Derringer to pay third parties, in this particular matter of “animals” to render enough money for support and maintenance of such animals which includes but is not limited to buying hay, dog and cat food, medications, gasoline for getting to and from food sources and taking water to the animals without availability of a well. It is entirely immaterial whether or not Barrie Derringer can make her own rent payment with the remaining half of the income, as the livelihood and wellfare of the living animals have priority and wherein Barrie Derringer could not ever have rented or separated from her husband for distinct residence of her own anyway. Martinez v. Lucero, 1 NM 208, 1 Gild 208. In fact under NMSA 45-2-804 the statute itself “demands” that Barrie Derringer vacate her expensive house, stop paying an attorney and get only use of “legal aid” and pay the bills including storage with the community funds as mandated under law. Matter of Shadden’s Estate, 599 P.2d 1071, 93 NM 274, cert denied 598 P.2d 215, 93 NM 172 cert denied Shadden v. Shadden, 598 P.2d 215, 93 NM 172. “Intent of statute, subjecting entire community proper to payment of community debts, was to protect third parties who had dealt in good faith with community during its existence against dissipation of estate by survivor before outstanding debts were taken care of”. Barrie Derringer, because of her frivolous single decision without authorization by her legal husband, while still married and legally responsible as David Derringer’s “wife” is accountable for all bills and maintenance of the animals. Martinez v. Block, 858 p.2d 429, 115 NM 762. SHORT HISTORY APPURTENANT TO THIS MATTER David Derringer and Barrie Derringer actually met on July 7, 2009. At that time one of hundreds of things in common that furiously speeded up the relationship and love between the couple is the love of animals. At that time, Barrie Beverley (later Derringer) had her best “buddy”, a cat named “Fujimoto” (Fuj, or Fuji) and David Derringer had cats, dogs, horses and donkeys. With David Derringer’s own love of cats, the bond was instant with David Derringer and “the Fuj”, and it was only three days later that David Derringer and Barrie Derringer were already “in love” with each other as a total reciprocal relationship. That happened on July 10th, 2009 when David Derringer had two of his dogs of “Dingo” and “Patches” with him while visiting Barrie Beverley and the “animal family” became born of the two. David Derringer, a “Cowboy” and outfitter, brought with him to the relationship a love and total understanding of animals, and working with them as part of his living as well as professional in the training and working with “livestock”. Barrie Beverley brought to the relationship a love of animals and yet a fear of horses and larger animals and some scepticism of some dogs and breeds. This “fear” came from childhood injuries and terrorism of being “bucked off” of horses, and fear of such large animals. The love between the two parties instantly was strong and unconditional and Cowboy David Derringer took his expertise of training horses and riding lessons to combine with the love of Barrie to gently and carefully gain the trust, balance and cooperation of Barrie to not only get Barrie over her fear of horses, but to ride and accept horses as her “friends” and companions, feeling totally at ease with them in all circumstances. David balanced the love of animals with teaching Barrie that all animals have feelings, emotions, and a “soul” just as humans think themselves unique, and Barrie became very familiar with the animals under Cowboy’s teaching and supervision. Barrie became one and totally in love with the Derringer “family” that Fujimoto became part of, and Barrie slept with cat “Mask” on her head, enjoyed being nudged by donkey El Cid, and enjoyed all of the feeding and comradery of actually “living” with animals. Barrie was taught medication, treatments and other vet procedures and became totally intertwined with the Derringer “family” as it should be. That should be ongoing now with a proper dissolution of any actions keeping Barrie and David apart. Throughout the 2 ½ years of the direct relationship and marriage of Barrie Derringer and David Derringer, before Barrie left on December 27, 2011, Barrie loved her Cowboy husband, loved the Derringer animals family unconditionally, and “received” the same unconditional love from husband David Derringer as well as 27 other little guy’s animal hearts giving their love to Barrie Derringer at all times. For the very first time in Barrie’s life, she had true love of a good husband and 27 other loving hearts giving Barrie the love she has needed all of her life. There is now a hole in Barrie’s heart that can only be filled by the love of Cowboy David Derringer and the animals of the Derringer family. During the years, some precious individuals were lost due to age, or illness. In 2010, the Derringer family lost two horses of “Zoom” and “Tiffany” due to loco weed, and the grief of Barrie Derringer was extreme, as it was for all of us. In December 2011, we lost “the Fuj” at over 18 years of age, as well as “Panther” of about the same age, and also lost the donkey “El Cid” of about 32 of old age, all within a week. Then, the disaster of the Derringer house burning on December 23, 2011 took the lives of 5 dogs of “Dingo”, “Cisco”, “Toby”, “Captain” and “Mikey”. The pain was excruciating and relentless for both the parties, but one must go on in life after such disasters. Barrie Derringer possibly “broke” in this matter, for she on December 27, 2011 left her loving Cowboy, David Derringer, as well as totally abandoned all of the Derringer family of animals, both betraying her husband and the animals that never did anything collectively but love and protect Barrie Derringer, but mainly, Barrie Derringer betrayed herself and disregarded the love she had “unconditionally” for her husband and the Derringer animals, and also left the truest love Barrie had ever had in her own life “from” her husband and all of the animals. Ever since that time, Barrie has only been concerned with her own comfort and selfish ideas of “moving on”, and has become a woman that lies, cheats and steals, without integrity, without honor, without conscience, and without any concern whether or not her husband Cowboy or the animals are alive or dead. In short, Barrie Derringer has changed her whole personality and attitude to a foreign aspect aided and abetted by others with their own agendas for Barrie and has disregarded the true meaning of “life”; that of “love” being the most important thing in the world, far superior to comfort, running water, “organization” of tangible items or Barrie’s “clean car”. The morals and duties of a wife, spouse, friend, caretaker, and “animal husband” demanded Barrie’s integrity and assistance, which Barrie refused to further give. Hence, David Derringer has tried to keep everyone going with all chores, medications, food and water runs, but has been unable to meet all demands with the very limited income of only David Derringer’s SSI of $698.00 per month when gas is $4.00 per gallon for a ten MPG truck for at least 30 miles per day, horse food at $250.00 per large bale that only lasts 7-8 days, additional supplements for the two older horses of “Nicky” and “Chip” and the dog and cat food needed, as well as needed medications of bantamine, penicillin, tetrocycline, and other medications. It is mandated that David Derringer have the legally available ½ of the “community income” for keeping the Derringer animals alive and well. David Derringer has been deprived by Barrie Derringer for a period of four months ongoing, with Barrie in total disregard for animals that loved her unconditionally and always did their best for her, and her “new personality” to disregard life itself as well as her husband. Clearly, Barrie’s past life and husband Charles Beverlely did not give Barrie the love given by David Derringer and the Derringer animals, and now Barrie Derringer is missing that love that she has needed so desperately in her entire life, yet disregards the ones that love her the most with a callousness and emotional shut down that is killing the Derringer animals. Clearly, Barrie Derringer has to “wake up” as to the need she has for both her loving husband and the Derringer animals, and yet that could be tomorrow, or only when she is old and grey at 85 years, but the Derringer animals have to eat and survive “now” and time is of the essence. The courts therefore have to intervene on behalf of the living creatures and mandate with Order that Barrie Derringer give the full ½ of the community income to David Derringer immediately retroactive so that the animals can eat and maintain. Already, the horses have each lost 100 or more pounds, the dogs and cats are not getting all they should and there has been no money for the mandated supplements for “Nicky” and “Chip” as old 32 year old horses that need extra nutrition to survive. The David Derringer $698.00 per month goes nowhere compared to the bills of over $1,300.00 for the animals upkeep. The very thing that Barrie desperately needs in her life as the love from her husband and contact and love from the animals, she refuses and disregards. Barrie needs to “come home” for her own emotional stability. However, as Barrie Derringer has also done “criminal acts” of proven perjury and fraud in the filing and continuance of the “order of protection” restraining orders against David Derringer when David has never done anything bad, and only loved Barrie Derringer; but now Barrie Derringer could be also held criminally liable for abuse of animals and livestock under NMSA 30-18-1-15. Barrie Derringer knows full well that David Derringer does not have enough money for proper care of the animals without the legally available ½ of the community income, and Barrie “refuses” to allow David Derringer either access or use of this community money, because Barrie is too busy with her own comforts and selfish attitude that she uses this money for her own purposes, and disregards the animals that love her. Thus, Barrie “intentionally” and “maliciously” abuses the Derringer animals withholding money “negligently” “mistreats” or “abandons or fails to provide necessary sustenance to an animal under their custody or control”. In this matter, Barrie Derringer has “custody and control” of the Derringer animals just as her husband David Derringer, who is doing his best under the conditions of not enough money, with Barrie withholding money for such past and needed present use. It is pathetic that Barrie chooses to have a fancy three bedroom home and lots of expensive food for herself each month to the killing of the Derringer animals. The “love” shown to and for the emotional benefit of Barrie by both her husband and the animals is being betrayed by Barrie. The “law” demands of Barrie to give David his fair ½ share of the community income to properly take care of the Derringer animals. Irwin v. Irwin, 910 p.2d 342, 121 NM 266, 1996. What type of vile, disgusting human being can sit comfortably in their leather recliner chair watching TV in a $900.00 per month three bedroom house for only one person eating their $300.00 worth of food that was already paid for when David and Barrie were together, living well beyond their means of the Derringer family, with their knowledge that their acts are causing the misery and death of the Derringer family of animals, and keep a “no-contact” Order in place so they don’t have to hear about it? This “Barrie” person now is nothing like the loving, beautiful and responsible wife that was with David Derringer and the Derringer family as a loving woman of the Derringer “family” that Cowboy was married to. Just as the Petitioner and Judge Hadfield have to and like to “eat”, so also do the Derringer family of animals. There is no availability of “time” here. Order is mandated to be immediate so that no Derringer animals die while waiting for the lackadaisical attitude of the court or wait for Barrie Derringer to wake up and come back to the love and marriage as she should, not only for the animals and her husband, but for her own future and ongoing emotional well being. In short, Barrie belongs in this marriage and this family, and has needed what she has here all of her life. Now, however, Barrie recklessly steals food and sustenance from the loving animals to give “tips” and the extravaganza of eating at restaurants while the animals starve. The “new Barrie” since December 27, 2011, which by Barrie is claimed to be the same Barrie as when married to Charles Beverley past, is a very cold and uncaring individual in comparison to the wonderful woman that was David Derringer’s wife. Clearly, Charles Beverley, (as claimed by Barrie) used to say “I’m very disappointed in you Barrie”. This was previously taken by David Derringer to be verbal abuse and belittlement by past husband Charlie, but if indeed, Barrie was then acting as now after leaving David Derringer, there is truth to that statement of Charles that should not be happening. In short, Barrie needs to come back home to the love of David Derringer and the animals and ensure that all animals eat and are secure. Statute NMSA 30-18-1-15 indicates that such a mind set of a person in these circumstances of not properly taking care of or not allowing the care, as this matter, is “to obtain psychological counseling for treatment of a mental health disorder”. NMSA 30-18-1. Accordingly, Barrie Derringer is “unbalanced” as to her priorities. She views “acceptance” and “socialization” as more important than true love that she has with David Derringer. She has a husband that loves and protects her, and a family of loving animals that love her unconditionally, and she instead “abandons” her husband, disregards the very love that she needs desperately in her own life, and then disregards the very lives of the animals before cherished and considered precious with interference of the community money desperately needed for the animals’ continued “life”. There is no doubt under all law that this court must Order Barrie Derringer to divide the income coming from her side of this marriage to husband spouse David Derringer. Lucas v. Lucas, 621 P.2d 1289, 100 NM 556. In short, Barrie Derringer, as testified in court on April 10, 2012 makes $2,600.00 per month and ½ of that amount must be given to David Derringer to pay bills, support the Derringer animals and other uses. Barrie Derringer has in January 2012 and now ongoing has become so calloused or uncaring, with her going back to her old Charlie Beverley (past abusive husband) collection of undesirable friends on cocaine and associates, not to care whether the Derringer animals lived or died, and seeking only in selfishness to attain her own place with comfort and conveniences and disregarding every other living thing in the world that she used to love; namely her husband and the animals that used to be endeared to her heart. This “sabotage” and disregard for “life” from Barrie Derringer is totally unlike the Barrie Derringer known to David Derringer as his “wife”, and that “wife” needs to come home. Throughout the time David Derringer has known Barrie Derringer, having met on July 7, 2009 until Barrie Derringer left David Derringer on December 27, 2011, David Derringer has been totally in love with his wife, and has done nothing ever to hurt her either emotionally, verbally or physically. David Derringer has considered Barrie Derringer the love of his life, and devoted himself to her, honored her, and believed that Barrie Derringer was the best wife that anyone could possibly have. With her husband David and with the Derringer animals, Barrie Derringer has been nothing short of a wonderful wife; loved David Derringer as obvious, was kind, helpful in any weather, loved the Derringer animals, and was considerate, happy, and agreeable. At no time would Barrie Derringer “lie”, or do any actions that would have any affect of hurting others. Clearly, Barrie Derringer needs to properly assess her life and regain the love and family that she has still available to her and come back and effect a total reconciliation with David Derringer, but in the interim, until Barrie gains emotional balance, the court must intervene immediately with Order to gain David Derringer the needed money to take care of the Derringer family with or without wife Barrie Derringer. Respectfully submitted by: _______________________________ David Derringer, Box 1205, Albuquerque, New Mexico 87103 CERTIFICATE OF SERVICE April 24, 2012 Petitioner’s attorney of record Alain Jackson, 423 6th St. NW Albuquerque, New Mexico 87102 505-620-6688 New Mexico 87109. On April 24, 2012 I hereby certify that I sent a copy of this pleading to: The Second Judicial District Court 400, Lomas NW, Albuquerque, New Mexico 87102