Tribal Law......?

Question

My cousin lives in a resort town adjacent to an indian reservation. Her boyfriend is a tribal mescalaro apache - my cousin is non-tribal. They got into an argument Sunday night on the reservation - he beat her up pretty bad, broke both legs with a baseball bat and he hit her in the back of the head with an axe and left her on the side of the road, on the reservation to die. Now the city police can't do anything because he is tribal and it happened on the reservation, the tribal police are saying they are not going to pursue because she is non-tribal. My uncle contacted the FBI and they are saying they have no reason to get involved. Can someone - without being ugly - explain to me how the tribal judicial system works and why nothing is going to be done to this young man??? All we've been told is that the indian nation is their own soverignty and have their ways of doing things. I don't understand how an attempted murder can go unpunished? Let's all be adults and discuss things nicely.

Yes - she is still alive; in a sedated coma for obvious reasons to deal with the pain I'm sure. We don't know how long it was between the time the fight occurred and the time some campers found her.

Someone asked about family - her parents are with her, brothers and sisters in high school. My uncle has been firmly asked to stay off the reservation or he will be arrested. He's been going on the reservation looking for this young man.

ggraves17...thank you for pointing out about life choices; Domestic abuse isn't something that is brought up alot so we have no idea if abuse has happened before to her; but we are all hoping that she will take this as a wake up call and not return to him.

Answer 1

Reservations are federal lands, therefore state law does not apply on the rez. State, county, and city police do not have the jurisdiction to police the reservation. Since your cousin is not a tribal member, the tribe does not have jurisdiction to deal with her or handle her case on her behalf.

Federal agents have the authority to prosecute this case, especially if this case is a felony standard. (with the list of your cousin's injuries, i'm certain it would be considered a felony.)

Call your local federal court house and ask to speak to a fed district attorney/prosecutor.

Answer 2

Coming from an area where two tribes and casinos exisit (Mohegan and Mashantucket-Pequot) the tribal police are a law onto their own. I would think that if a serious felony occurred on the res the tribal police would make an arrest. Regardless of whether the victim isn't a member of the tribe. For starters, just the terrible public relations would be enough to cause aggravation for the tribe. Of course if they haven't anything the public likes to frequent like a casino, then why should they care about PR?
The state police come onto tribal property and make arrests. I believe the state made it very clear that they reserve this option, sovereign nation or not.
The FBI won't get involved but maybe you can make a loud enough complaint to the Bureau of Indian Affairs. Although recently they've been plagued with corruption so it may or may not pan out.
Here's what I suggest. Go to the papers and TV. make a big stink about how the tribal police ignore domestic violence issues and because of this silly law, every man or woman who enters upon the reservation and is involved with a tribal member runs the risk of being left for dead as a result of domestic violence. Just because the tribe doesn't recognize people's rights unless they're Indian.
Get enough press behind it....make a big enough stink and I'm willing to bet you'll see results. Write the state attorney general's office and say the same thing. Contact every woman's shelter and victim advocate office you can and do the same. I'm willing to bet pressure will be brought to bear. No group wants the stigma of allowing women (or anyone for that matter) to be the victim of a domestic crime and be accused of indifference.

Answer 3

Back off a little here. Indian reservations ARE soveriegn nations just like France or Italy or Canada...they have their own laws and law enforcement.

The laws on the reservations are pretty much the same as the non-tribal laws, with a few other matters thrown in due to tribal customs, etc. If the incident happened as you describe, then the Apache Law Enforcement and Apache Courts will take care of the matter.

If you want to know what is happening or what will happen in this case, and you are a close relative, take yourself to the Police building on the reservation and ask.

You don't know if this incident will go "unpunished". You also are getting your facts 3rd hand and have no personal knowledge of the facts.

Answer 4

I've investigated many cases on different reservations and know the Mescalero Apache rez. The FBI certainly does have a reason to get involved and usually do. This was attempted murder.The tribal cops would have arrested the guy had your cousin been a tribal members. My kids were once in a bad wreck on a rez and the cops wouldn't even respond. They cut no slack for white people...Have your cousin file a complaint in Tribal Court and place a call to the FBI. If there were witnesses, all the better. Their law does not supercede U.S. Federal law. She can also file a civil suit for damages.

Answer 5

Has anyone in your family talked to an attorney that has a tribal background?? Or even a non-tribal lawyer that knows what laws may apply?? There should be some way of proving that this was a "hate-crime" and that ethnic backgrounds are involved. If nothing else, contact political people,news media,religious people,and "make the public aware" of the injustice that is happening right under-their-noses. Does the tribal member that committed these acts, upon your cousin, have a criminal record?? Has he ever treated others in this same manner?? WHO does he have [ in the tribe] that is willing to cover for his "wrong-doings"?? Is he "blackmailing" someone to help him stay out of jail?? Are there any private investigators in that area that knows HOW to get information when those involved are unwilling to cooperate ??

Answer 6

You are right but, registered American Indians tribes have their own authority in this country. Probably has something to do with the way we treated them during our first couple of hundred years in this country.

I live in the west and work for a tribe, I see the inequity between tribal law and "white mans law", I'm afraid your cousin loses unless you wanted to befriend a tribal member to exact justice.

There's another point here that you didn't mention. Your cousin must have known how angry this guy could get, I mean, people with explosive personalities aren't little wall flowers waiting for the moment. Most people know the violence that some people have.
Not that it would forgive the incident but, your cousin needs to make some better life choices.

Answer 7

The Sheriff's dept should have been called out for that one I know that they have jurisdiction on the reservation I work on. Maybe the tribal police just wasnt doing their job...it doesnt matter that she is non tribal. Are the tribal police on that reservation all tribal members?? That could be the problem if they are....trying to cover something up for a family member they are all related in some way or another.

Answer 8

Call the local news media. If they get involved, pressure will be put on someone to handle the matter. Also, call the state authorities, they will be better able to figure out where and how jurisdiciton applies.

Also, contact the Department of the Interior, department of Indian Affairs, there will be someone there who can help you.

Further, do this NOW becuase evidence dissappears over time. She also needs to see about getting some protection from the police, if he was this brutal, he will kill her next time.

Answer 9

How is she still alive? I believe that he can still be charged in a civil court. There is a good chance that young man you speak of will not be alive for very long. But I am an easterner and I am assumming that things out west are like they are in the east. I really don't know what to tell you. Does your cousin have any brothers...Her father??? If that was my blood what I would do would not be in question just when.....

Answer 10

I'd check with the chief of the tribe to find out just exactly their law states about such things. All tribes I know of have some sort of charter or constitution, and they also have written statutes you could read. Is the alleged perpetrator important in tribal society--ie, a chief's son? Sadly, that could be a factor. Each tribe has its own way of doing things--hopefully this chief is elected and interested in good community relations.