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Investigation finds no tribal authority for detention of hunters at gunpoint in Brinnon By Erik Hidle
Peninsula Daily News State and county investigators believe that two Port Gamble S'Klallam Natural Resources tribal officers acted improperly and without authority when they detained three hunters near Brinnon on Oct. 3.
"Presently, our investigation shows that no hunting violations occurred, no trespass took place and no crimes were committed by the hunters," state Department of Fish and Wildlife Deputy Chief Mike Cenci said Tuesday.
"Based on my understanding of the law, in this case, these officers lacked any legal authority to arrest or detain nontribal members off the [tribe's] reservation."
Cenci said that the findings of the investigation, conducted in tandem with the Jefferson County Sheriff's Office, will be forwarded to Jefferson County Prosecuting Attorney Juelie Dalzell later this week for consideration of filing charges.
Said Jefferson County Sheriff Tony Hernandez, who agreed with Cenci's overview of the findings that the tribal officers acted outside of their proper jurisdiction: "Beyond that, [the Prosecuting Attorney's Office] may be asking for a legal opinion from the [state] attorney general [regarding the report]."
Ginger Vaughn, tribal spokeswoman, said that tribal officials had no comment on the results of the investigation, which was prompted by a complaint filed by Adam Boling of Brinnon with the sheriff's office on Oct. 5.
Boling said that two tribal officers detained the three hunters after one shot an elk on private property near Brinnon.
"[The tribe ] is still conducting its investigation and will make that available as soon as next week," said Vaughn after Cenci and Hernandez met with tribal representatives Tuesday.
In a statement released Oct. 16, the tribe said that the officers were within their jurisdiction and operating on the tribe's "usual and accustomed hunting grounds" when they detained the men.
"To ensure all voices are heard, the Port Gamble S'Klallam tribe has commissioned an independent investigation into the events surrounding this situation," the statement said.
Cenci said he agreed with the tribe's assertion that it has the authority to regulate its membership on its usual and accustomed hunting grounds.
He also said he agreed that the tribe has the right to ask about the identity of individuals to establish if there is a tribal connection.
But he felt the method of approach taken by the officers was beyond their authority.
"While the officers in question declined to be interviewed, I'm going to make an assumption and say that they probably thought they were operating in good faith as to what they thought their authority was," Cenci said.
"In actuality, they went beyond the scope of what their authority is, at least in our view."
Report sealed
Because the report is part of an active investigation, it is sealed from the public for now.
Boling said in his complaint that he, his 2-year-old son and Boling's two friends, Shelton residents Don Phipps and Danny Phipps -- were detained illegally by law enforcement agents of the Port Gamble S'Klallam tribe's natural resources department.
He said they were held at gunpoint for two hours.
Hernandez said he believed the period of detention to be "approximately one hour."
The tribal officers did not cite the hunters.
Boling questioned the jurisdictional right of the tribal officers to detain them and the length of the detention.
Jefferson County Sheriff's Sgt. Mike Stringer, who is a former officer with Suquamish tribal police, has said that all tribal officers have jurisdiction only on tribal land, if they are dealing with tribal members or if they have a cross-commission from the sheriff.
The hunters who were detained were not Native American, and the land near Brinnon -- across Hood Canal from the Port Gamble reservation -- is private property that is not tribal land, according to Boling.
Hernandez said the Port Gamble S'Klallam tribal police do not have a cross-commission with Jefferson County. http://www.peninsuladailynews.com/article/20091028/news/310289993 |
