a 12 3 u as 16 23 24 25 4 IN THE DISTRICT COURT FOR Pues THE STATE OF cotoRano, cour oF evdiltye Mey “3 PH a, 1S fa #26 Sia cp, LER DUNT THE PEOPLE Of THE STATE OF COLORADG, } case ne(“orcnray) MM OF pobyeeUr? > Plaintife, ) MOTION TO DISMISS WARRANT FOR ARREST ) OF DEFENDANT LARRY WAYNE SINCLAIR, Defendant ee ee COMES NOW, Larry Wayne Sinclair, Defendant, respectfully before this Monorable Court, with MOTION TO DISMISS WARRANT FOR ARREST OF DEFENDANT, Assued by this court on the 23° day of May 2002. In support of said Motion, De: dant states as follows: 1, Defendant is disabled with severe spine injury and nerve damage in upper and lower extremities. 2. Defendant is terminally ill. 3. Defendant's sole source of support and means of support has been Social Security Supplemental Security Incone disability payments until receiving notice July 30, 2004 that said payments were being halted due to belief that defendant is fleeing to avoid prosecution. 4. Defendant only this year became avare of the Courts Warrant and defendant has attempted to resolve this matter with the Pueblo District attorneys Office. 5. Defendant has reason to fear for his personal safety and the safety of his family if defendant was to return to Pueblo Colorado. (SEE ATTACHED AFFIDAVIT IN SUPPORT OF MOTION TO DISMISS) 6. Defendant sets forth true and accurate facts in attached AFFIDAVIT IN SUPPORT OF MOTION TO DISMISS WARRANT FOR ARREST OF DEFENDANT, which can be verified, should this court grant relief requested. MOTION TO DISMISS WARRANT - 110 a 12 3 u 1s 16 a 18 19 20 21 2 23 24 25 WHEREFORE, Defendant preys upon th: Honorable Court to GRANT defendants MOTION TO DISMISS WARRANT FOR ARREST OF DEFENDANT. DEFENDANT FURTHER PRAYS UFON THIS HONORABLE COURT and THE HONORABLE G.F. SANDSTROM, PUEBLO COUNTY DISTRICT ATTORNEY, TO CONSIDER NITHORAWING CHARGES PENDING A COMPLETE INVESTIGATION. Doing so wovid be in the best interest of The People of the State of Colorado, The People of th City & County of Pueblo, Colorado, and this Honorable Court, Defendant will Gladly cooperate with authorities investigacion with the requested condition the defendants location not be disclosed. Respectfully submitted this 34 aay of August 2004. MAILING ADDRESS ONLY c/o 1341 Cody Ave Pueblo, CO 81001 ATTACHMENTS: AFFIDAVIT IN SUPPORT OF MOTION TO DISMISS & Tzve and correct copies of the Motion to Dismiss Warrant.. and Affidavit in Support of.. were faxed and mailed U.S. First Class postage paid to the following: Mr. G. F. Sandstom District attorney 201 West 8 Street, Suite 801 Pueblo, Colorado, 81003 Fax (719) 583-6666 MOTION TO DISMISS WARRANT - 210 un 2 13 14 as 16 a 18 19 20 a. 22 23 24 25 IN THE DISTRICT COURT FOR OY py THE STARE OF COLORREO, COUNTY OF PUEBLO 2A gyn tn Seay CLE EON THE PEOPLE OF THE STATE OF COLORADO, ) case No.1 o1cR727 lv. FC OF OOH ) Plaintite, ) DEFENDANTS AFFZOAVIT IN SUPPORT OF ) MOTTON TO DISMISS WARRANT FOR ARREST ve. ) oF DEPENDANT ’ TARRY RRINE SINCLAIR, ) ) defendant > ) tarry Wayne Sinclair, do under penalty of perjury, state the following in support of MOTION TO DISMISS WARRANT FOR ARREST OF DEFENDANT, and as reason for such, states as follows: 1, Defendant Larry Wayne Sinclair did not steal nor forge the 1999 Federal or Colorado Income Tax ‘checks of alleged victim Carmen Segura 2. Affidavit of Probable Cause for Arzest Warrant of Pueblo Police Officer Michele R. Ellis is flawed and riddled with false information. This information could have been found to be false had it been investigated further. (DEFENDANT 18 IN NO WAY IS LAYING BLAME ON OFFICER ELLIS.) 3, Further investigation into alleged victim's claims would have resulted in authorities finding alleged victim Carmen Segura and her family have victimized defendant continuously for more than three (3) years. ide at 1320.5 E 4™ Street, Pueblo, Colorado and did assist Carmen Segura and her husband Rogelio Reyes in renting 1320 £ 4 Street. Mrs. Segura’s brother Juan Gutierrez resided in defendant’s residence at this tine. 4. Defendant did x 5. Officer Ellis’ affidavit claims defendant stole alleged checks while alleged victim was in Texds. Mrs. Segura failed to inform officer Ellis that defendant in fact was with Mrs. Segura, her husband, brother, sister, brother-in- Jaw and nieces in El Pass, Texas at the time Mrs. Segura claims defendant retrieved her mail. Defendant rented two (2) cars for this trip feom Enterprise Rent a Car on 29" hs 2:25 ‘Que, AFFIDAVIT IN SUPPORT - 112 13 uu 15 16 u7 18 as 20 a 22. 23 24 2 Stitet for thin teip. oefendant and alleged victins sband beth secnived specdiag tieiate on eee ‘ to Pueblo in New Mexico, aries Defendant and defendants fenily residing in Pueblo, fororado have repeatedly been threatened with physical harm by Mrs. Segura, her husband, sister, brother, mines, and ethers. Mrs. Segura ard ner family went to defendanca mothers home in Pueblo in May, June, July and August 2000 repeatedly verbaily threatening defendants mother, step- father, niece, nephew with physical harm and on at least two occasions threatening individuals from Mexico would visit defendants mothers home and kill defendants family. While defendant was in South Carolina in May and une 2000, alleged victim Carmen Segura’s husband and brother Juan Gutierrez entered defendants residence in Colorado City, Colorado by threatening harm to defendants room-mate Jorge Diaz, and did steal defendants furniture, electronics equipment, clothing, art work, sports collectibles, Personal papers, and 1997 Ford F150 Pick-up truck Carmen Segura’s brother in £1 Paso, Texas sold to defendant on 4= 1-00. Mrs. Segura only returned defendants property after defendant was inform by phone of this robbery, defendant contacted alleged victin and advised her defendant would have the Pueblo Police and Sheriffo Dept. called if Property was not delivered to defendants mothers residence within 24 hours. Alleged victim Carmen Segura knowing made false report to ‘the Internal Revenue Service, Colorado Department of Revenue and Pueblo Police Department concerning her 1999 income tax refund checks because Mrs. Segura’s husband and brother failed to pay money owed in a large drug transaction. This transaction has been the basis for alleged victims acts against defendant and defendants family in effort to put blame on defendant. Defendant has copies of deposit receipts dated $~9-00 showing three (3) deposits into three (3) separate Wells Fargo Bank Accounts totaling fourteen thousand four hundred dollars in cash. ‘These accounts were used to launder drug money to Mexico. Defendant did in October 2000, while residing and working ip Sacramento, California, receive a call from his mother advising she had received a phone call Carmen Segur: brother in €1 Paso, Texas stating “..Tell Larry we want the truck back. We have saved some money and now we can afford to make the payments. Tell Larry if he refuses to return the truck we will report ho stole the truck.” Defendant contacted Z1 Paso, Texas Sheriffs Det. Rodriquez advising defendant had received a threat of falee reporting. In AFFIDAVIT IN SUPEORT - 232 B 14 15. 16 uv 18 19 20 2 22 23 24 25 10. ue October or November 2000 Carmen Segura’s brother and sistercin-law did file report with El Paso, Texas Sherifts Dept. claiming defendant borrowed truck while in El Paso in October or Novenbez 2000. Defendant faxed copies of truck payments to Detective Rodriquez as well as time sheets from work showing defendant was not in Texas since March 2000, as well as repaix receipts spanning six months prior to theft report and repairs were performed throughout the U.S. due to defendants travels. TEXAS AUTHORITIES CONFIRMED THAT AUTO THEFT REPORT MADE KGATNST DEFENDANT WAS FALSE AND WAS DONE TO HARASS, AND RETALIATE AGAINST DEFENDANT. Alleged victims reporting to Pueblo Police in 2001 that defendant had stolen and forged her 1999 income tax refund checks is yet another knowing and intentional filing of felse report in effort to cause defendant hardship and difficulty for no other reason than alleged victims inability to accept responsibility for her and her families own actions. ALLEGE VICTIM FILED SAID REPORT WITH PUEBLO POLICE OUT OF ANGER FOR DEFENDANT DUE 70 BELIEF DEFENDANT SOME HOW WAS RESPONSIBLE FOR THE ARREST AND DEPORTATION OF ALLEGED VICTIMS HUSBAND. THIS AFTER 1.) Threats of physical harm and even death against defendant, defendants mother, stepfather, and others; 2.) Robbery of defendant’s xesidence by hex husband and brother; 3,) Filing of false Police report in Bl Paso, Texas accusing defendant of auto~ theft; ALL FAILED TO PRODUCE THE RESULTS alleged victim desired. Defendant acknowledges that the alleged checks were infact deposited into defendants Pueblo Bank & Trust Account. NO THEFT OR FORGERY WAS INVOLVED. Alleged victims brother Juan Gutierrez gave defendant both checks. At the time Mr. Gutierrez gave defendant said checks both checks had already been endorsed on the back. Defendant was told by Mr. Gutierrez said checks were meant to pay most of the monies owed defendant by alleged victim Carmen Segure and her brother Juan Gutierrez. Some of the monies owed defendant by alleged victim and her brother included Bight hundred sixty-five dollars ($265.00) in rent U.S. West cell phone bills, house telephone bill, gas and electric bills owed by alleged victims brother Juan Gutierrez, One thousand six hundred eighty-three dollars & 05/100 cents led to nis Associates Visa card, card number on October 1:, 1999 for alleged victim and her brother Juan Gutierrez at Pyramid Motors auto auction for the purchase of vehicle for victims brother. Approximately One thousand three bundred dollars paid in tow costs, transmission repairs in February 2000 for alleged victim on alleged victims brothers Ford Van. Other monies owed included furniture sold to alleged victim. AFFIDAVIT IN SUPPORT - 310 a 12 13 ua 15 16 a7 18 19 20 a 22 23 24 25 12, DEFENDANT HAS CONTACTED THE PUEBLO COUNTY DISTRICT ATTORNEYS OFFICE IN EFFORT 70 RESOLVE THIS MATTER, 13, DEFENDANT DOES TRULY FEAR FOR HIS AND HIS FAMILIES PERSONAL SAFETY SHOULD DEFENDANT RETURN TO PUEBLO. 14, DEFENDANT IS VICTIM OF PALSE REPORTING FOR THE SOLE PURFOSE OF ALLEGED VICTIM OBTAINING DEFENDANTS WHERE A BOUTS. ALLEGED VICTIM SEEKS TO USE DEFENDANT AS SCAPE GOAT FOR HER HOSBANDS AND BROTHERS PROBLEMS WITH MEXICAN DRUG DEALERS FOR THE THEFT OF A LARGE AMOUNT OF MONEY IN THE SUMMER OF 2000. ‘The above statements are true and correct and support defendants motion to dismiss warrant to arrest defendan: G.F. Sandstrom District Attorney 201 W. Highth Street, Suite 801 Pueblo, co 61003 Fax (719) 583-6666 APFIDAVET IN SUPPORT - 4 MAILING ADDRESS ONLY c/o 1341 Cody Ave Pueblo, CO 81001