Report shows spike in reservation criminal cases

FLAGSTAFF, Ariz. — American Indian leaders who criticized the federal government for years over the way authorities handled major crimes on reservations will soon mark progress with the release of newly tracked statistics from the U.S. Justice Department.

Federal prosecutions of cases from Indian Country increased by 54 percent between fiscal years 2009 and 2012, according to a DOJ report obtained by The Associated Press.

“They’ve taken their responsibility much more seriously than before,” said Brent Leonhard, an attorney with Umatilla tribe in Oregon.

The report scheduled for release later Thursday marks the first look at government investigations and prosecutions on tribal lands. It comes as a result of the 2010 Tribal Law and Order Act, which requires the Justice Department to publicly release such figures.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Justice officials acknowledge that their work is far from done, but they say the numbers demonstrate the government’s commitment to combating violent crime on reservations where rates are higher than the national average.

The report also shows that nearly 6,000 Indian reservation cases were referred to the federal government between calendar years 2011 and 2012. Arizona, home to the nation’s largest American Indian reservation, had the highest number with more than 2,000, followed by South Dakota with nearly 1,000 and Montana with more than 500.

Of the 5,985 cases referred from reservations across the country over the two years, about two-thirds led to convictions, while about one-third were declined for prosecution.

“It shows that we’re walking the talk at the Department of Justice,” said Tim Purdon, U.S. attorney in North Dakota.

Purdon leads a subcommittee that reports to Attorney General Eric Holder on American Indian issues. He said federal officials “want to improve public safety” and added that they are working to “remove those most dangerous predators, the most dangerous criminals from Indian Country.”

The federal government and tribes have concurrent jurisdiction in crimes where the suspect and victim are both American Indian, but federal prosecutions carry much stiffer penalties. Among recent U.S. government prosecutions:

•A man was found guilty of sexually abusing a teenager he met while working as a counselor at a summer camp on the Rocky Boy’s reservation in Montana. He was sentenced to more than three years in prison.

•A woman on the Spirit Lake Reservation in North Dakota was convicted of beating her 4-year-old son with a plastic clothes hanger. She was sentenced to seven years in prison.

•A man was sent to prison for 10 years for kicking the woman who was pregnant with his child on the Navajo Nation in Arizona. The unborn child died after suffering a skull fracture and other injuries.

Federal authorities have “really stepped up trying to improve criminal justice in Indian Country and ensure public safety,” said Leonhard of the Umatilla Tribe’s Office of Legal Counsel.

Still, nearly 2,000 cases were declined for prosecution, a matter for which the DOJ has been criticized in the past.

“There are cases that are legitimately declined, and that is appropriate and expected,” said Leonhard.

The DOJ’s report shows that the matters declined in 2011 and 2012 were mostly because of insufficient evidence. Rates for individual states varied widely — from Montana, where 52 percent of cases were turned down, to Arizona, where 20 percent were declined over the two years.

Federal prosecutors, however, don’t measure their performance in Indian Country by declination statistics. Instead, they point to the relationships they’ve built with tribal police, investigators, prosecutors and community members.

Federal prosecutors also have ventured out to Indian Country more often to discuss ways to combat crime, training police officers to become federally certified and bringing on state-bar certified tribal prosecutors as special assistant U.S. attorneys.

“If anything we get way too caught up in looking at the numbers,” said Patrick Schneider, tribal liaison for the U.S. attorney’s office in Arizona. “Declinations is not a really good number to look at to find out whether we’re doing a good job or not.”

Grant Walker, tribal prosecutor on the Standing Rock Reservation in North and South Dakota since 2009, said he doesn’t put a lot of stock into declination rates because he talks to federal prosecutors on a regular basis.

The DOJ’s declination rate includes cases referred to and prosecuted in tribal courts, where sentences can go beyond the traditional maximum penalty of one year in jail if certain provisions are met under federal law.

“Declinations aren’t really a big deal anymore to us because we know what the case is, and if the federal government declines we’ve already had a chance to prosecute that case too,” Walker said. “So it’s not like the ball is hidden, and the prosecution’s office doesn’t know about it.”

Purdon cited a drug trafficking case on the Standing Rock Reservation dubbed “Operation Prairie Thunder,” in which 12 people were indicted in federal and five in Standing Rock tribal court. Purdon said that while the tribal cases were subtracted from their prosecution record, it showed unprecedented cooperation and could lead to long-term success.

Former Standing Rock Tribal Judge Bill Zuger, who stepped down last year after six years on the bench, said that case was the product of federal prosecutors showing interest and building up trust with tribal law enforcement. Until recently, Zuger said he never had seen a U.S. attorney on the reservation.

“The people down there, anecdotally, feel that things are getting better,” Zuger said. “Keep in mind it took 125 years to screw it up. It takes a while to fix it. It’s going to take more than four or five years to really straighten out the mess.”

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

The Edmonds City Council gathers to discuss annexing into South County Fire on Tuesday, Dec. 3, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Community group presents vision for Edmonds’ fiscal future

Members from Keep Edmonds Vibrant suggested the council focus on revenue generation and a levy lid lift to address its budget crisis.

The age of bridge 503 that spans Swamp Creek can be seen in its timber supports and metal pipes on Wednesday, May 15, 2024, in Lynnwood, Washington. The bridge is set to be replaced by the county in 2025. (Ryan Berry / The Herald)
Snohomish County report: 10 bridges set for repairs, replacement

An annual report the county released May 22 details the condition of local bridges and future maintenance they may require.

People listen as the Marysville School Board votes to close an elementary and a middle school in the 2025-26 school year while reconfiguring the district’s elementary schools to a K-6 model on Wednesday, Jan. 22, 2025 in Marysville, Washington. (Olivia Vanni / The Herald)
Marysville schools audit shows some improvement

Even though the district still faces serious financial problems, the findings are a positive change over last year, auditors said.

Outside of the Madrona School on Monday, Aug. 26, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Sewer district notifies Edmonds schools of intent to sue

The letter of intent alleges the school district has failed to address long-standing “water pollution issues” at Madrona K-8 School.

Cars drive along Cathcart Way next to the site of the proposed Eastview Village development that borders Little Cedars Elementary on Wednesday, May 7, 2025 in unincorporated Snohomish, Washington. (Olivia Vanni / The Herald)
Former engineer: Snohomish County rushed plans for Eastview development

David Irwin cited red flags from the developers. After he resigned, the county approved the development that’s now stalled with an appeal

Edie Carroll trims plants at Baker's Acres Nursery during Sorticulture on Friday, June 6, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Sorticulture, Everett’s garden festival, is in full swing

The festival will go through Sunday evening and has over 120 local and regional vendors.

Students attending Camp Killoqua next week pose with Olivia Park Elementary staff on Friday, June 6 near Everett. Top, from left: Stacy Goody, Cecilia Stewart and Lynne Peters. Bottom, from left: Shaker Alfaly, Jenna Alfaly and Diana Peralta. (Will Geschke / The Herald)
A school needed chaperones for an outdoor camp. Everett cops stepped up.

An Olivia Park Elementary trip to Camp Killoqua would have been canceled if not for four police officers who will help chaperone.

Cascadia College Earth and Environmental Sciences Professor Midori Sakura looks in the surrounding trees for wildlife at the North Creek Wetlands on Wednesday, June 4, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
Cascadia College ecology students teach about the importance of wetlands

To wrap up the term, students took family and friends on a guided tour of the North Creek wetlands.

Everett’s minimum wage goes up on July 1. Here’s what to know.

Voters approved the increase as part of a ballot measure in the November election.

Logo for news use featuring Snohomish County, Washington. 220118
State declares drought emergency for parts of Snohomish County

Everett and the southwest part of the county are still under a drought advisory, but city Public Works say water outlooks are good.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.