STATE OF NEW MEXICO

COUNTY OF BERNALILLO

SECOND JUDICIAL DISTRICT COURT

No. DM-12-610

Rel.No. DV-12-234

Judge Elisa Hadfield

BARRIE LEE DERRINGER,                                                  

            Petitioner,                                                                                

v.

DAVID BRIAN DERRINGER,

            Respondent,

RESPONDENT HUSBAND DAVID DERRINGER’S MOTION TO TAKE JUDICIAL NOTICE OF FINDINGS OF EXTREME VANDALISM AND “LARCENY” BY BARRIE DERRINGER AND 12 “FRIENDS”

COMES NOW the Respondent with his Motion as stated above.

Respondent David Derringer has been evicted from the Derringer storage/shop due to this court’s discharge of duties to enforce the laws of New Mexico against the Petitioner Barrie Derringer; notably NMSA 45-2-804 and the case law of 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 among others. The “rent” of the storage/shop is “community debt” to be paid by Barrie Derringer’s income as well as David Derringer. It is impossible for David Derringer to keep up with all community debt, with a total and illegal default of all of same by wife Barrie Derringer. This court has repeatedly ignored the laws and allowed Barrie Derringer “as a woman” to simply do as she pleases, well outside of all laws, both civil and criminal. Yet in the trial of August 23, 2012, Barrie sought to rummage through the storage/shop for a period of “two weeks” without of course paying any rent. The  “Intent of statute NMSA 45-2-804 is subjecting the entire community property to payment of community debts, and was designed by legislature to protect third parties who had dealt in good faith with the community during its existence against dissipation of estate by survivor before outstanding debts were taken care of” This court has ignored the law to ruin the life of the Respondent and in total bias to protect the Petitioner as a “woman”.

In this matter, as David Derringer finally removed all property from the storage/shop, the entire devastation of what Barrie Derringer and her “friends” did on the three break-ins of February 4, February 25, and March 8, 2012 is finally known, and is so much more severe than imagined. The shop has been devastated with the 12 person and Barrie moving everything so that David Derringer had no idea where anything was; “projects” were demolished, losing screws and parts making anything productive impossible. Of course this court knows that Barrie Derringer “refused” to pay the PNM electric bill for months starting in January wherein the power was shut down in February, making it futile for David Derringer to attempt to make furniture for any income without electricity to run tools. In the removal of all property, it was found that Barrie and associates destroyed many items, by throwing David Derringer’s property “literally” across the room, piled heavy items on light and fragile items and ruining property; losing parts to property; and pure “vandalism” and “destruction of property” in the criminal meaning of NMSA Section 30. Five (5) gallon plastic buckets that housed property, as example, David Derringer’s fishing gear, was buried under heavy boxes, breaking the bucket in many places and reducing its height over three inches, ruining the item. The most notable was that there were two (2) cowboy hats each under two or three boxes of books, totally crushed and flattened and ruined. It is unclear that whether it be Barrie or her “friends” that did these acts; what is clear that the damages were both willful and malicious. Barrie, as David Derringer’s wife, (prior to leaving David) was very protective of not only her own possessions, but of those of husband David Derringer, as well as having a personality of not harming possessions of others. Any normal stranger also has some consideration for the property of others and would not deliberately hurt or vandalize property not of their own. Barrie Derringer’s total personality had changed when she left David Derringer on December 27, 2011, whether that be due to illegal drugs of cocaine of her past “friends” of reconnection, or abusive of prescriptive codeine drugs or the mind set of the regression into involvement with a rough group of “biker” mentality that Barrie lived over a period of 30 years with her biker past husband Charles Beverley, that disregards possessions and rights of others, and has been a detrimental effective cause of this divorce as are the bosses of Maestas and Ward where Barrie works. Even a down’s syndrome idiot would not place a heavy box of books on top of a cowboy hat and watch it be crushed under the first box and then place additional boxes in further injury. The two David cowboy hats are valued at over $300.00.

The next revelation of the move is that all of David Derringer’s leather working tools are stolen. This encompasses not only several white banker boxes full of leather stamping tools, hole punches, lettering stamps, mallets, shears, and other specialized tools, but also a small blue arbor press, a machine for rivets and eyelets welded to a 2' piece of 6" channel iron and boxes of books on saddle making, patterns and other leather working equipment. David Derringer has worked leather most of his life since the age of 12, and some of the stamping tools were inherited from Verdon Derringer, his father, and also picked up over a period of 47 years from saddlery shops and leather shops going out of business. David Derringer has owned all his leather working tools for as much as 47 years before ever meeting and marrying Barrie Derringer. Such “trade tools” include some that have been out of production for decades and are not replaceable at any costs. It is clear that the stealing of these “trade tools” were not “inadvertent” mistakes of simply taking the wrong boxes, but a systematic stealing of “leather equipment, books and for stopping David Derringer’s ability for income by this “profession” of saddle maker, leather repair, and arts and crafts producer. The value of all of the hundreds of leather stamps, hole punches, books, patterns, and extensive other leather working equipment is about $11,000.00.

It was also found that a particular bookshelf that David Derringer had many of his woodworking books had one shelf totally missing of books and patterns, indicating also that they were stolen as well. To make any income, David Derringer relies on one the professions of Professional outfitter/hunter #32 in New Mexico to do elk and other large game hunts, coyote hunts, and has for over 27 years done the Fall hunts for income. Barrie Derringer, by criminal perjury and fraud has deprived David Derringer of this profession by illegally depriving use and ownership of “firearms” against the 2^nd Amendment with the collusion of this court in the illegal “Order of Protection”. The second profession that David Derringer could use is to use his woodworking tools for producing candlesticks on a wood lathe and making furniture; all stopped by Barrie Derringer not paying the electric bill after she left, and then forcing David Derringer by eviction due to non-payment of rent to vacate any place to work. The next alternative is that David Derringer can produce leather items by hand without electricity, and now all of his leather working equipment has been stolen. There seems to be a pattern here, deliberate and vicious, to stop any means of survival of David Derringer at the hands of Barrie Derringer and her “accomplices”, mandating this court to stop the illegal protection of these 12 persons in attendance with Barrie Derringer in the break-ins of the storage having everything to do with the divorce proceedings. In short, David Derringer is legally entitled to a court Order mandating Barrie Derringer to disclose the names, addresses, telephone numbers, and work places of all 12 persons that attended her at 101 Florida SE Unit C at any time. Likely, Barrie Derringer knows who or actually possibly paid her “helpers” with property of David Derringer when helping Barrie Derringer remove property from the storage/shop, or allows some persons to take property for themselves, or is ignorant enough to not understand 12 persons taking things that they  liked or saw for themselves with impossibility of watching each person at all times by Barrie Derringer. This “criminal larceny” against David Derringer gives David Derringer a legal right for court redress against each of these 12 persons. Why would any “stranger” not known by David Derringer or knowing David Derringer do extreme damages to David Derringer’s personal property without the idea or advise of Barrie Derringer or as simply a criminal thieve in their own right? Two of the 12 persons of Debbie and Irwin Harms, however, have a cult control over Barrie Derringer and apparently extreme animosity against David Derringer; having threatened David Derringer when the “husband” came to Barrie’s work place at Maestas and Ward on the Derringer’s January wedding anniversary bringing red roses to his wife and wherein these two persons as well as some of the other 12 did criminal assault and battery against David Derringer at the storage on February 4, 2012. Likely, it was Debbie and Irwin Harms that deliberately destroyed the two cowboy hats of “Cowboy” David Derringer by maliciously placing heavy boxes of books to crush them. The whole of both this irrational “divorce” proceeding and the vicious persons involved in coercion of Barrie and destruction of the life of David Derringer show a very unbalanced emotional state of all involved. It is known that Barrie Derringer can be emotionally unstable and all indications after December 2011 point to that realism. David Derringer knows with certainty that his wife Barrie has had a 180 degree of personality change from the wonderful wife that David Derringer was married to, and also knows of the criminal deviant mental state of the bosses Harms and has heard many stories of the past gang of persons that engaged Barrie Derringer into cocaine and other drugs in her past history before David. Barrie Derringer has an emotional unbalance that must be set right, however not exempting her from “accountability” of violations of laws, both civil and criminal. David Derringer has a legal right for restitution for the damages and theft of “trade tools” as well as a duty as husband and under the meaning of agape love to continue to attempt to save wife Barrie Derringer from the criminal and unscrupulous influences of her current company of “friends” and “bosses”. This court has a duty to follow and enforce the law.

Respectfully submitted by: _______________________________

David Derringer, Box 1205, Albuquerque, New Mexico 87103

CERTIFICATE OF SERVICE                        October 11, 2012

Petitioner’s attorney of record hand delivered to:

Alain Jackson, 423 6^th St. NW

Albuquerque, New Mexico 87102 505-620-6688 New Mexico 87109.

On October 11, 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