DANIEL MARTINEZ---USFS

For background on this issue go here, here, here and here.

November 22, 2005

Sheriff Steve Tucker
Greenlee County
Hwy 191 P.O> Box 998
Clifton, Arizona 85533


Dear Sheriff Tucker:

I am the victim of a blatant abuse of Constitutional, Federal and State Law. You were noticed of the unlawful and criminal activity on numerous occasions. You had knowledge of the activity yet failed to uphold your oath of office, as required by ARS 38-231. You failed to perform your duty as the highest law enforcement officer in the county ARS-38-443. You allowed my property (my cattle) to be driven from its range without my consent. This is a Class 5 Felony, ARS 3-1303. You violated ARS 13-201. Your omission to perform duty imposed by law has caused me irreparable damage. You were aware there was no Court Order or Warrant and yet you failed to act. ARS 13-204 (B) Ignorance or Mistake as to a matter of law does not relieve liability.

I noticed you that the United States Forest Service had NO Jurisdiction in Greenlee County. They do not have police powers within the state of Arizona. You failed to enforce ARS 13-2906 Obstructing a highway or other public thoroughfare. You failed to enforce ARS 13-3871 Authority of Peace officers. You failed to enforce ARS 13-3875 Cross certification of Federal peace officers. You had knowledge and yet failed to uphold your oath of office. You had the authority to have prevented this abuse of public trust by public officials yet refused to act.

In my conversation with you yesterday you told me you were waiting for me to come in personally to file a report. Sheriff Tucker, I would have done so if that was the proper procedure to do so, according to law. My last conversation with you on October 20, 2005 I expressed my concern that they were going to break into my cabin the next morning. You said you would make note of it but that you were not going to do anything about it because Frank Hayes said he had authority to commit burglary and theft of property as per Federal law. You also said that the County Attorney Derek Rapier had told you that according to a map in the basement it was on the Forest and for you not to interfere. Since when is a map title? That same day I sent you an email in regards to the breaking into my property. I also asked you to consult with a seasoned Sheriff Joe Arpaio and gave you his phone number.

If you are trying to tell me, the victim, why this happened is because I didn’t come in and file a report with you. I must tell you the Arizona Revised statutes are very clear in 22-301 Jurisdiction of Criminal Actions, makes it clear it is not the Sheriff; it is the Justice of the Peace that has the authority. ARS 22-313 Procedure: Makes it clear the rules of Criminal Procedure of the Superior Court shall apply. ARS 22-403 makes clear who shall be the presiding officer. It is the Justice of the Peace not the County Attorney. ARS 22-421 Commencement of Action: this is done by the Magistrate not the County Attorney or the Sheriff.

The Arizona Criminal Rules Rule 2.2 The Commencement of Felony Actions may be commenced by (a) indictment or (b) filing a complaint before a Magistrate. Rule 2.3 Content of Complaint is a written statement of the essential facts that is either signed by a prosecutor of made under oath before a Magistrate. The prosecutor still needs a sworn statement as to the essential facts from someone that has first hand knowledge of the facts. Rule 2.4 Duty of Magistrate upon filing of complaint. If by oath before a Magistrate if there is probable cause and if signed by prosecutor then Magistrate proceeds to Rule 3.1 . Magistrate shall issue a summons or warrant.

Sheriff Tucker, if these laws and rules of the court are not followed according to the Black Letter of the Law the defendant could be denied Due Process of Law and any Judgment against a defendant could be VOID and could be collaterally attacked and vacated.

My question to you sir, how many prisoners do you have in your jail that have been denied Due Process of Law?

Your job is to uphold the law and enforce the law. You had probable cause to act , you had knowledge of criminal activity and yet you failed to uphold your oath of office.

Respectfully,

Daniel Gabino Martinez/Victim non-attorney

cc:
Board of Supervisors
P.O. Box 908
Clifton, Arizona 85533

Derek D. Rapier
Greenlee County Attorney
P.O.Box 1717
Clifton, Arizona 85533

Liliana Ortega
Deputy Greenlee County Attorney
P.O. Box 1717
Clifton, Arizona 85533

Honorable Manuel Manuz
Justice of the Peace