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- The Regulators set out to apprehend the sheriff's posse members who had murdered Tunstall. After the Regulators were deputized by the Lincoln County justice of the peace, together with Constable Martinez, they attempted to serve the legally issued warrants on Tunstall's murderers. Sheriff Brady arrested and jailed Martinez and his deputies in defiance of their deputized status. They gained release and searched for Tunstall's murderers. They found Buck Morton, Dick Lloyd, and Frank Baker near the Rio PeƱasco. Morton surrendered after a five-mile (8 km) running gunfight on the condition that he and his fellow deputy sheriff, Frank Baker, would be returned alive to Lincoln. The Regulators' captain Dick Brewer assured them they would be taken to Lincoln, but other Regulators insisted on killing the prisoners. One Regulator, William McCloskey, who was a friend of Morton's, resisted such action.