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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (April 18, 2012)
April 18, 2012 Spilyay Tymoo, Warm Springs, Oregon Page 8 Asking for help with poaching cases Natural Resources code enforcement is asking for help in preventing the inci dence o f poaching on the reservation. Recently, Oliver Kirk and Stanley Simtustus of Natu ral Resources came across remains from a deer that had been poached. The remains included those from the adult female, and two unborn deer. This incident demonstrates why the tribes and other jurisdic tions have hunting seasons, and why poaching is so harmful, said Kirk. During this time of year, he said, the deer have no antlers and you cannot dis tinguish the males from the females. When a poacher kills a female deer out of Natural Resources photo. Corral where remains from deer poaching were recently found. season, the result often is the loss of multiple animals: the mother and the unborn deer. “If you wonder why there are fewer deer on the reservation,” Kirk said, “this is one of the reasons. In poaching one deer, you take out three.” The remains that Kirk and Simtustus found recently were at the Red Lake Cor ral, milepost 26 on High way 3. The incident probably happened on the morning of April 2. If anyone has informa tion about this or any other possible poaching case on the reservation, call Natural Resources at 541-553-2001; or the Warm Springs Police at 541-553-3272. A person convicted of poaching can have his hunt ing privileges removed and be required to pay a fine. Young hunters are en couraged to take the hunter safety course, taught by Kirk in August. — by Dave McMechan Longhouse Clean-Up 2 cases at court recently Two defendants appeared earlier this month in U.S. Dis trict Court for separate vehicu lar assaults that occurred on the reservation. D oriann L. Miller, 24, of Warm Springs, was sentenced to six months in prison for driving under the influence of intoxi cants, speeding and eluding the police, crashing her vehicle, and causing the paralysis of one of her passengers. The judge also ordered Miller to spend up to six months in a residential alcohol treatment program upon her release from the Bureau of Prisons. O n N ovem ber 10, 2011, Miller pled guilty to assault re sulting in serious bodily injury. According to the prosecutor’s statements in court, on July 6, 2010, Miller was driving her car in Warm Springs when a Warm Springs police officer saw her commit a traffic violation. The officer activated the overhead lights on his police vehicle to pull over Miller’s car. Instead of stopping, Miller at tempted to elude the police at a high rate of speed, and passed at least two other vehicles on a blind corner in the roadway. Miller eventually lost control of her vehicle and drove off the road, where the car rolled three times and violendy crashed into a tree. As a result of the crash, one of the passengers in Miller’s car was paralyzed and can no longer use her legs. An analysis of a blood draw from Miller after the crash revealed that her blood alcohol content was 0.187 percent, far in excess of the legal limit. S eparate case In a separate case this month, Naomi Joann Brisbois, 27, of Warm Springs* pled guilty to one count of assault resulting in sub stantial bodily injury to an indi vidual under 16 years of age. Sentencing is scheduled for July 20. A ccording to the p ro secutor’s statements in court, on July 29, 2011, Brisbois was driv ing a minivan in a residential neighborhood in Warm Springs. Brisbois was seen speeding through the neighborhood, with the sliding doors on the van open, and with her 4-year-old daughter in the back seat. Brisbois’ daughter was not re strained in a seat belt or a car seat. Witnesses who saw Brisbois driving were concerned for her daughter, so they followed her, but they lost sight of Brisbois’ van as it went around a corner. The witnesses then heard a loud crash, and when they came around the comer, they saw that Brisbois had lost control of her van and crashed it into a house and some parked cars. When the witnesses came on the scene, they found Brisbois’ daughter lying awkwardly be tween the back seats. The child was transported to the hospital. Prison term for assault L a st Friday was a no-school day for the 509-J School Dis trict, and a group of youth used their day off to clean up and do some yard work around the Agency Longhouse. “We are here today to clean up our church” said Jefferson Greene. ReVonne Johnson shared, ‘We have found a lot of ciga rette butts today” Clean-up efforts continued through the weekend when the community gathered to clean up the ballfields in preparation of the upcoming games in the Litde League season. — Yvonne Iverson Invitation — The Confederated Warm Springs, OR T ribes of W arm 97761. You can also Springs is extend* call the office at 541 - ing an invitation to 553 -3 313, or 553- attend the Twenty- 3520, or 553-3390. Lodging available Second Honor Se niors Day on May 11 at K ah-N ee-Ta, 1- at the A gency 800-554-4786. S e Longhouse. For in nior staff email: form ation, contact paiutew ewa@ the Senior Citizens yahoo.com D ep t., PO Box C, Located at the corner of Warm Springs St. & Hollywood Blvd. Open Wednesday thru Saturday 10 a.m. to 6 p.m. Ph.541-553-1041 J Monty Tewee, 21, of Warm Springs, was sentenced to 18 months in prison recently for as saulting his infant son. Earlier, in November 2011, the defen dant pled guilty to assault result ing in serious bodily injury. The judge in the case also ordered the defendant to spend three years on supervised re lease, after he is released from the Bureau of Prisons. As con ditions o f supervised release, the defendant must participate in anger management counsel ing and parenting classes. Judge Haggerty ordered the defendant to surrender to the Bureau of Prisons on May 24, 2012. A ccording - to the prosecutor’s statements in court, late at night on March 6, 2010, Tewee assaulted his five-week old infant by squeezing the baby’s rib cage with traumatic force. Tewee’s assault broke 8 of the baby’s ribs in 10 places and lacerated the baby’s liver. The extent of the baby’s inju ries required him to be air lifted from St. Charles Medical Cen ter in Bend, and to Oregon Health and Science University in P ortland for specialized traum a care. The child has physically recovered from his injuries and is now under the ju risdiction of CPS. Council resolution regarding Tribal Court (Note: The following is Tribal Council Resolution number 11,376. Tribal Council adopted this resolu tion last year.) Whereas the Tribal Council established the Warm Springs Court of Appeals pursuant to Article V, Section l(i) and (s), which empowers the Tribal Council to establish courts to enforce the ordinances estab lished by the Tribal Council, and to appoint subordinate boards and tribal officials, reserving the right to review any action taken by virtue o f such delegated power; and Whereas Article IV, Section 7 of the Tribes’ Constitution and By-Laws provides th at ap pointed boards and officers “shall report from time to time, as required, and their activities and decisions shall be subject to review by the Council upon pe tition of any person aggrieved”; and Whereas pursuant to its power to set up courts and ap point tribal officials, the Tribal Council established the* Warm Springs Reservation Tribal Court, which includes the Tribal Court and the Court of Appeals, the judges o f which are ap pointed by and may be removed by the Tribal Council pursuant to the processes set forth in the Warm Springs Tribal Code Chapters 200 and 203; and Whereas it has become ap parent to the Tribal Council that there is a general perception among the members o f the Tribe’s justice system as well as other members of the tribal or ganization and membership that the Court of Appeals is not ad hering to the procedural and substantive statutes set forth in the Warm Springs Tribal Code and the Indian Civil Rights Act, which erodes the credibility and integrity of the Tribe’s court system and thus the Tribe’s sov ereign authority and right to ef fectively enforce its laws; and Whereas a number o f re ports issued over the last decade assessing the Warm Springs Tribal Court system have iden tified deficiencies regarding the practices of the Court of Ap peals when conducting its review of the cases before it; and Whereas the Court of Ap peals has recently misdirected and failed to carry out the writ ten decision and opinion of a pro tem panel of Appeals Court judges appointed by Tribal Council Resolution No. 11,155 to hear an appeal brought by a sitting judge o f the Court of Appeals, which therefore dis qualified the other judges of the Court of Appeals from hearing the matter as a conflict of in terest; and Whereas the action of the Court of Appeals in refusing to disclose and implement the de cision of the pro tem panel is a direct affront to the constitu tional authority of the Tribal Council, as set out above, and undermines the Tribal Council’s constitutional power to govern the Tribe and its subordinate entities, including the Tribal ju dicial system; and Whereas an effective court system, especially an effective appellate court, is essential for the operation of the Tribal gov ernment, the maintenance of law and order on the reserva tion, economic development on the reservation, and the integ rity of the Tribe’s sovereignty; and Whereas the Tribal Law and Order Act of 2010 requires the Tribe to employ judges that (1) are licensed to practice law, and (2) have sufficient legal training to preside over criminal pro ceedings if the Tribe decides to implement the enhanced sen tencing provisions contained in the Act; now, therefore Be it resolved by the Twenty-Fifth Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V, Section l(i), (s) and (u), of the Tribal Constitution and Article IV, Section 7 of the Tribal Con stitution and By-Laws, that the Tribal Council directs the fol lowing actions: 1. The Tribal Council directs the tribal attorneys Karnopp Petersen to engage a qualified consultant to conduct an inquiry into the systemic problem s within the Court of Appeals as identified by prior studies of the Tribal Justice System, including the current structure and com position of the Court as set forth in Warm Springs Tribal Code Chapter 203; 2. The Tribal Council directs the tribal attorneys to instruct the consultant to provide a writ ten report to the Tribal Coun cil. .. to recommend proposed changes to the Court of Appeals aimed at alleviating these sys temic problems. Such recom mendations may include, but are not limited to, a change in the structure and composition of the Court and the required quali fications for Appeals Court judges, or, if the consultant deems the current structure and composition of the Court un der Warm Springs Tribal Code Chapter 203 adequate, recom mendations for removal and/or recruitment of some or all of the Court o f Appeals judges after conducting an examination of the qualifications, suitability and performance of the current Court of Appeals judges.
