DANIEL MARTINEZ---USFS

For background on this issue go here and here.

November 1, 2005 Certified Mail#7005 1160 0003 1174 3865

Elaine Zieroth
United States Forest Service Supervisor
P.O. Box 640
Springerville, Arizona 85938

Dear Elaine Zieroth:

I received your letter of extortion today, November 1, 2005. I would be happy to pay for the damages as soon as you can provide me with the evidence:
1. That there is a condition precedent for the demand for lawful assessment.
2. You provide the document where Daniel Gabino Martinez consented to you, United States Forest Service employees and their agents to enter my private property and take chattels without compensation or a warrant.
3. Produce a COURT ORDER, obtained on notice and opportunity to be heard that authorized you to violate the law.

If the United States Forest Service, its agents cannot produce the evidence/documents, then show contrition for your crimes by returning my cattle to my property, and perhaps that will mitigate your sentences in the event you are tried and convicted of rustling, armed robbery, grand theft, breaking and entering and all the other felonies you have committed.

I would also like to point out there is a prior chattel mortgage, a prior lien hold interest in the chattels, and no one is authorized to sign off as mine or the lien holders agent in order to transfer title.

Please provide the authority to circumvent state law as it applies to property. Please provide the authority for you or the United States Forest Service to violate Federal Statutes, Arizona Statues and your charter the United States Constitution.

Respectfully,

Daniel Gabino Martinez/Victim/Arizona citizen



November 3, 2005

Donald Butler
Arizona Dept. of Agriculture
1688 W. Adams St.
Phoenix, Arizona
_________________________________
Notice to Principal is Notice to Agent
Notice to Agent is Notice to Principal
_________________________________

NOTICE OF CLAIM

Dear Don Butler:

Pursuant to ARS 13-108 Territorial Applicability you as an officer of the state of Arizona has jurisdiction in these matters. ARS 13-108 (A) (4) an omission to perform a duty imposed by the law of this state constitutes an offense. ARS 13-201 Requirements for criminal liability includes the omission to perform a duty imposed by law which the person is physically capable of performing.

Pursuant to ARS 3-1372 I am claiming my livestock branded 07 on the left hip. Brand certificate attached. Bill of Sale attached. If my livestock are not redeemed to me as per Arizona statutes, I expect full compliance to the law. I expect compliance with ARS 3-1377 and ARS 3-1372 (C) you notice it is clear “to the persons entitles there to under the judgment of the court.”

Any attempt to transport these cattle without my consent or a valid court order will be in violation of ARS 3-134. You have been noticed. ARS 13-204 Justification is not a defense. (A) Ignorance or a mistaken belief as to a matter of fact does not relieve a person of criminal liability. Any transportation of these cattle without my consent is a violation of ARS 3-1341. I have given no consent or authorization for anyone to handle my livestock as per ARS 3-1334. Let me remind you of your Oath of Office and the provision in ARS 3-1331 and Title 13 Livestock Officers…………….shall pursue and arrest on probable cause any person who violated any provision of this title or Title 13 relating to livestock.

Keep in mind since I have filed my claim and without an acknowledged bill of sale as provided by ARS 3-1291 this is prima facie evident of illegal possession as per ARS 3-1308.

Mr. Don Butler since you have been noticed you or your assigns will be liable to me the owner for damages three times the value of such animals as provided for in ARS 3-1307.

The USFS and the Daryl Binghams have intentionally driven my cattle off its range without a Court Order and without my permission. These persons are guilty of a class 5 felony as per ARS 3-1303. They are also in violation of ARS 13-1802 Theft (A)(1) controls property of another with the intent to deprive the other person of such property. (E) Theft of property or services with a value of $25,000 or more as in a class 2 Felony.

Attached for your reference is a letter dated October 28, 2005 and one dated November 1, 2005 from USFS employee Elaine Zieroth. These are clearly letter of extortion. This is in violation of ARS 13-1804 Theft by extortion. This is a class 2 felony. The sentencing guidelines for a class 2 Felony is 5 years as per ARS 13-701.

My cattle were on my property “lawfully, owned or possessed” owned in Fee, pre-emption by the Acts of Congress and the Laws and Customs of the state as defined in ARS 3-1298 (B).

If the USFS has a valid lien they may perfect the lien as required by ARS 3-1295 by filing an action in either Superior Court or Justice Court in the Jurisdiction of Greenlee County. Without a Court Order perfecting the amount of the lien any attempt to circumvent the law would be criminal.

Mr. Butler, pursuant to ARS 3-1203 I am reporting these crimes to you so that you may report them to the central investigation group to investigate these crimes.

As per the definitions in ARS 3-1201 my cattle are not strays and to call them such would be stretching one part of the ARS beyond its legislative
Intent. My cattle are on my range. These are “Range Livestock.”

Please notify me so that I can properly claim my cattle as per the law of the State of Arizona.

Respectfully,


Daniel Gabino Martinez
Santa Fe, NM 87501

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