BIA hears tales of Navajo neglect
Tribal reps vent concerns
Larry Di Giovanni
Staff Writer
WINDOW ROCK — Imagine if Texas, President George W. Bush's
home state, was in a predicament where 46 percent of Texans lacked
electricity, two-thirds of homes had no telephone service, and
at least one-third of the homes were without running water.
"What would the national debate be?" asked Michael Utter,
a consultant with the Four Corners Enterprise Community Corporation.
To make matters worse, imagine if Texas was in the solid waste
pickle the Navajo Nation is in, with only 3 percent of its solid
waste sites approved by the U.S. Environmental Protection Agency.
"What is the effect of this on land and water in the long
run?" he offered, knowing his questions were headed for a
federal report and no immediate answer.
Utter cited U.S. Census data on the Navajo Nation from 1990, since
related data for 2000 isn't yet available.
"I'm sure there has been some improvement," he said.
Still, Utter said the dire statistics on basic needs the Navajos
lack was a good way to gain attention from a Southwest Strategy
group attending a Tribal Land and People Summit "listening
session" held Wednesday at the Diné Education Center.
In attendance was Neil McCaleb, the Interior Department's new
assistant secretary for Indian affairs. He is the BIA's top-ranking
official.
Southwest Strategy consists of officials from the Bureau of Indian
Affairs, Bureau of Reclamation, U.S. Department of Agriculture,
U.S. Army, U.S. Fish and Wildlife Service, state officials from
New Mexico and Arizona, and other federal agencies. Created in
1998 by the secretaries of the Interior and Agriculture, and the
under secretary of Defense/Environmental Security, Southwest Strategy's
mission is to restore the region's cultural, economic and environmental
quality of life.
Judging by the "listening session" responses, there
is a long path ahead to meeting that goal. Navajos and Apaches,
many of them tribal government leaders and administrators, cited
an unfriendly working relationship with the U.S. government, specifically
the BIA, as infringing on tribal missions of self-determination
and sovereignty. Many Navajos mentioned a lack of water rights
as standing in the way of their long-term progress.
Chairman Vincent Randle of the Yavapai-Apache Nation, a tribe
of 1,800 members located at Camp Verde, 40 miles south of Flagstaff,
discussed Arizona tribes' struggles with the state over gaming
compacts. The state and its non-Indian gaming ventures, such as
racetracks, cite the tribes' "unfair business advantages,"
which means not having to pay certain taxes, Randle said.
However, the tribe has just 652 acres and so, Class 3 gaming including
card games and slot machines is the only economic opportunity
small tribes have to thrive economically, a prerequisite of self-determination,
Randle said. A federal judge recently ruled that Indian gaming
in Arizona is illegal, and that Arizona Gov. Jane Hull does not
have the authority to negotiate gaming compacts.
Randle said Interior Secretary Gale Norton's stand on the issue
will go a long way in showing if federal trust responsibilities
to tribes still exist.
"This is not the time to succumb to the pressure of state
governments to destroy Indian nations," Randall said. He
added that tribes obliged to share casino revenues with states
should be given "exclusivity" on Indian-style gaming.
"Gaming is the only real economic enterprise that's ever
done any good for us," Randle added.
Tony Klesert, director of the Navajo Nation Archaeology Department,
said the tribe has been given the duty of taking over all field
work for roads formerly completed by the BIA. But when the department
submits its administrative fees to the BIA, it "zeros them
out," Klesert said. This has cost the Navajo Nation $900,000
over the past three years.
"We're sinking into debt because they're withholding normal
fees, just normal administration costs," he said.
Leonard Butler, who directs Navajo Nation rangers and the program's
15 field officers, said such an underserved staff creates a danger
for rangers responsible for park systems, livestock and other
duties. Injuries to Navajo rangers and police officers have occurred,
and Butler fears something worse.
"It is very difficult to bury a police officer who needed
to send the message out that he needed help ... needed backup,"
he said.
A tribal resources officer said his program is ill-equipped to
handle crimes that include the theft of Navajo medicine bundles,
which can fetch $25,000 or more on the market.
Philmer Bluehouse, a Navajo medicine man, said the "pain
and suffering" of Navajo people is evident when they haul
their water in 55-gallon drums, knowing that urbanites in Phoenix
have water aplenty to soak their lawns.
"I am aware that this is a listening session," Bluehouse
said. "I am also aware there are people with ears who can't
hear."
Rose Yazzie of Black Mesa, Ariz., said her people must tolerate
coal dust produced by Peabody Coal and the fact that Peabody has
water to slurry coal to the Mohave Generating Station in Nevada.
Black Mesa lacks running water for the Navajos there and has no
well for the people, she said.
"It puts a big question in my head. What kind of leaders
do we have?" Yazzie asked.
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Gallup man to stand trial for vehicular
homicide
Andrea Egger
Staff Writer
GALLUP — A district attorney put together sketchy evidence and
made a case for vehicular homicide against a Gallup man Wednesday.
Magistrate Rhoda Hunt determined Senior Trial Prosecutor James Bierly
had enough probable cause to take Kevin Bowman
of 508 Freedom Drive to trial over charges of vehicular homicide,
reckless driving, aggravated driving while intoxicated, leaving the
scene of an accident involving death or great bodily harm and failing
to render aid. Bowman is charged in the Aug. 1 death of Gerald Bitsilly
in a hit-and-run crash on Barbara Street near Marguerite Street.
But no one identified Bowman as having been near the accident. Witnesses
saw someone of Bowman's build and saw a four-
door car the same color white as Bowman's car.
About the best evidence in the case was brought in late in the case,
four hours into the preliminary hearing, by Detective Matthew Wright.
Wright searched Bowman's car and found evidence of blood, clothing
and body tissue in the undercarriage of Bowman's car, suggesting the
car had run over a person.
Some of the fibers of clothing found underneath the car matched the
clothing Bitsilly wore.
But Bierly couldn't prove that Bowman actually drove the car that
night and no one saw him behind the wheel.
It was a piecing together of all the witnesses' statements that brought
the case together. Still, it was a close call for the prosecution.
Witnesses' accounts
Nathaniel Tsosie of Gallup testified that the sound of screeching
tires awakened him around 1:45 a.m. Aug. 1 in his motel room at the
Best Value Inn on Barbara and Florence streets. He looked out the
window and saw a white four-door car had screeched to a stop on Barbara
and then continued on Florence to the nearby Chiquita Mobile Home
Park.
A few minutes later, he saw the car leave the trailer park and drive
by the motel and turn east onto Highway 66. He couldn't see the driver.
Erica Torres testified that around 2 a.m. Aug. 1, she went to the
Best Value Inn to visit a friend who was working there. As she drove
down Barbara, she struck something that was in the road.
She was scared and continued on to the motel and returned with her
friend. They discovered that Torres had hit a man lying in the road.
Torres called 911
Meanwhile, Med Star Ambulance emergency medical technician Freddie
Espinosa was just manuevering an ambulance out of the El Dorado restaurant
parking lot on Highway 66, a few miles east of the Best Value Inn,
where he had just finished treating a patient. Espinosa testified
a light-colored four-door car swerved at the ambulance and almost
ran into it.
Espinosa's partner called dispatchers and reported the reckless driver.
They didn't get a license number.
Instead of waiting for police, Espinosa decided to follow the car,
which had turned off on a side street out of view. Espinosa turned
onto Aztec Avenue, continuing east. At Clark Street, he saw a car
which he believed was the same car.
Espinosa followed the car in the ambulance until it stopped in front
of 508 Freedom Drive. In the dark, Espinosa saw a man exit the car
and approach the ambulance with his hands up, "like if we wanted
to fight or something."
Espinosa cruised the ambulance along Freedom while his partner called
in their location to dispatchers. Espinosa testified that the man
continued to follow the ambulance, then turned and walked around to
the back of the house at 508 Freedom Drive.
Gallup Police Officer David Evans had also been called to the El Dorado
that night. As he was leaving, he heard Espinosa call on the radio
about the reckless driver. He began searching the area.
When Espinosa reported his location on Freedom, Evans headed over
to the house on Freedom. A check of the license plate of the white
car, parked in front of the house, showed that it belonged to Bowman.
Deputy medical investigator Craig Meo testified that he was called
out to Barbara Street after Torres reported the man lying in the road.
Several facts led Meo to believe that the man, who wasn't identified
for at least a week after his death, had been hit by two vehicles.
One reason was because there was little blood in the area where his
body was found, but several feet away was a large pool of blood, suggesting
the man at one time was lying in that spot.
Meo also determined that a large abdominal wound, which exposed internal
organs, wasn't bleeding. This suggested the injury occurred after
death.
Meo's investigation determined that the car driven by Torres hit Bitsilly
after he was already dead and dragged him to the position in which
he was found.
Meo noted a large tearing of skin to the face and head, exposing some
fractured skull and his broken jaws. Debris on all sides of his clothing
indicated Bitsilly had rolled around underneath a vehicle.
Mother testifies
Bowman's mother, Helena Bowman, testified that she had asked a medicine
man what happened in the accident. She testified about a conversation
she had with her son at the jail, in which she told him what the medicine
man had said that Kevin Bowman might have struck the man, but he didn't
kill him.
After she told her son this, her son told her: "I might've run
over him, but I didn't kill him."
Bowman also testified that she tried to wake up her son when police
came to the house but he wouldn't wake up. She could tell he had been
drinking alcohol that night.
Detective Wright also confiscated various empty containers of alcohol
in Kevin Bowman's bedroom. Officers also found beer cans in the car.
These facts led to officers charging him with driving while intoxicated.
A blood test to determine Kevin Bowman's blood alcohol content was
taken several hours after the accident. The results were not announced
in the hearing.
Wright testified that he crawled under Kevin Bowman's car the morning
of the accident and took photographs of "scrape marks, blood,
human body tissue and clothing." He said the blood appeared fresh.
Wright told defense attorney Bobbie Franklin that there was no damage
to the car's hood or bumper, indicating the man wasn't standing when
he was hit. Franklin asked if the man might have already been lying
on the ground when the car hit him, and
Wright said it was possible.
Franklin argued that Bierly hadn't proven Kevin Bowman was in the
car. She said they had proven his car was involved in an accident,
but they hadn't even been able to prove the car had struck Bitsilly.
Bierly said he only had to prove that it was possible that Kevin Bowman
caused the accident.
After Hunt determined there was enough probable cause to take the
case to a District Court trial, she set a $25,000 property bond.
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Milan clerk faces firing before trial
Tom Purdom
Staff Writer
MILAN — Accused embezzler Sandra Gonzales could stand trial on
Sept. 17, which would be 479 days after a village audit uncovered
a public money theft scam involving more than $180,000.
The audit showing more than $180,000 in missing money could go back
only five years into the alleged affair because of the statutes of
limitations; however, the village's insurance company paid off more
than $225,000 in the case.
Gonzales, the village clerk, was suspended from her job on May 15,
2000, but was never fired. A Thirteenth Judicial District grand jury
on Nov. 2, 2000, handed up a 44-count indictment, 43 of them for embezzlement
and one for destruction of public documents to reportedly cover the
missing money.
The 40-year-old Gonzales and her continued tenure as the village clerk
will be a matter of discussion and action at tonight's village of
Milan Board of Trustees meeting. Listed as a "Discussion/Action"
item on the agenda, it simply states "Termination of Sandra Gonzales."
Gonzales is on suspension without pay and her continued association
with the village came under fire once before when Mayor Elisabeth
Lopez-Rael, an outspoken critic of the clerk, tried to get the trustees
to fire her at a Nov. 16, 2000, meeting. The board balked during a
closed session discussion of the matter and refused to terminate the
clerk.
Lopez-Rael on Wednesday said she has no idea on which side of the
controversial fence the board will jump Thursday, but she would like
to see Gonzales finally fired.
The public money scam was uncovered by state contract auditor Gary
Gaylord, who went to the state auditor with his findings and eventually
went back through five years of books and documents. Gaylord began
his audit in April 2000 and it soon became apparent that something
was not quite adding up.
Many of the records he needed had been destroyed, Gaylord said, which
is why the tampering with evidence indictment was handed up. Gonzales
worked for the village for 23 years before the 1998-99 audit triggered
the investigation which led to the indictments and her suspension.
The five-year period investigated was from May 23, 1996, until April
28, 2000. Lopez-Rael fired Gonzales in 1999, but the board of trustees,
at constant odds with the feisty mayor, reinstated the clerk within
days of the suspension.
At the time of the suspension and the months following it, Gonzales
allegedly transferred huge sums of money from the village, according
to the grand jury indictment. The last time money was taken was on
April 28, 2000, when she allegedly embezzled $4,969.11 from village
accounts about the same time Gaylord was poring over the ledgers.
Assistant District Attorney Mike Calligan is the lead prosecutor on
the case and Gonzales' attorney is Paul Kennedy of Albuquerque.
Gonzales is currently working in Albuquerque.
She began her career at Village Hall when former State Rep. Toby Michale
was the village mayor. Her career spanned a good portion of the village
career of Warren Mathers, who became the village's mayor as well,
until he was defeated by Lopez-Rael in 1998 in a hotly contested race.
The grand jury indictments allege Gonzales committed embezzlement
of more than $2,500 some 32 times and embezzlement more than $250
some 11 times.
Gonzales faces up to 114 years in prison and/or fines up to $215,000
in the case.
The case is but one of three high-profile criminal cases in Cibola
County over the last two years. The Federal Bureau of Investigation
is still investigating an alleged insurance scam, involving government
entities, reportedly by Donna Smith, the daughter of State Sen. Joseph
Fidel. Charges have not been filed in that federal case, in which
millions of dollars were allegedly scammed.
The other high-profile case is that of former Grants Motor Vehicle
Department office manager Barbara Goltz, 40, who was fired from her
state job in a case that reportedly involved selling fake identification
cards, and infractions with commercial driver licenses. It is still
being investigated. No charges have been filed in that case either.
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Pirates behind schedule
Grants football preview
Santiago Ramos
Staff Sports Writer
GRANTS — Second-year Grants football head coach Jerry Burns says
he's expecting a much tougher game with Shiprock Friday night than
last year's Grants' rout.
"They're a good football team," Burns said of Shiprock.
"They're bigger than us."
Kickoff is set for 7 p.m. at Shiprock.
Despite having one season under his belt, Burns says the second year
has been difficult.
"It's been a real hard year," Burns said. "We're not
very good. We've lost a lot of players to injuries and some of the
kids have quit. We just haven't jelled. We've had to work so hard.
We haven't have good two-a-days. We got behind in practice since we
started practice late because of late physicals."
Burns says he's still unsure who will get the starting nod at quarterback
with the battle between junior Boudy Melonas and sophomore Jared Rivera.
"Both have a lot of talent," Burns said of his two quarterbacks.
"Boudy's a gamer. Both can run and run the option. Boudy has
the better arm and throws better. Jared has the size at 6'2"
and he can run."
Melonas played quarterback on the freshman team as an eighth grader,
but sat out his freshman and sophomore years. The junior prospect
says he decided to turn out this season.
"I was afraid of getting hurt before the basketball season,"
said Melonas, a starting guard for the Pirates. "I always told
myself I'd go out and then I wouldn't. This year I pushed myself to
go out. The team needed a quarterback and I always liked playing quarterback.
Once I get on the field, I'll be a little nervous. It will be nice
being in the game again."
The Grants quarterbacks will be throwing to wide receivers senior
John McNeil, junior Mario Rios, junior Johnny Gallegos and Reserve
transfer Josh Roundy.
Key players on defense for the Pirates will include senior tackle
Jessie Miera, senior tackle Milo McMinn, sophomore tackle Perry Stephens,
and senior middle linebacker Brandon Gutierrez.
In the backfield junior Floyd Brito, Michael Gutierrez, sophomore
Cody Rivera, senior George Vigil, and senior RoShaun McKinney, who
like Melonas did not play last year and instead concentrated on playing
basketball.
Shiprock head coach Monte Maxwell says his Chieftains will be better
prepared for the second meeting with the Pirates after last year's
decisive loss.
"Grants beat us soundly last year," Maxwell said. "We
didn't play well that ballgame. We couldn't tackle the quarterback
(Wade Pynes)."
Shiprock returns nearly its entire backfield back from last year's
state playoff team. The Chieftains went 5-6, won the District 1AAA
title. They lost to Portales 28-0.
Running the Chieftain Pro I offense is junior quarterback Dewayne
Dale (5'10", 170 lbs.). Dale finished the season at that position
after starting quarterback Hendrick Begay was injured.
"He stepped in last year and showed a lot of promise," Maxwell
said. "He's our leader on offense."
Last year's offensive sparkplug, tailback Marcus Benally (5'4",
150 lbs.) is also back. The returning senior was an All-State performer
who averaged 150 yards rushing per game last year. He was the Class
AAA leading rusher with 1,500 yards on the ground and over 2,000 all-purpose
yards.
Also back is senior wide receiver Kendrick Powell (5'10", 170
lbs.).
Key players on Shiprock's 4-4 defensive front will be sophomore linebacker
Xavier Franklin (5'9", 188 lbs.), senior linebacker Owen Mike
(5'8", 170 lbs.) and senior lineman Lamar Tulley (6'0",
225 lbs.).
"We're ahead of last year," Maxwell said. "We have
a smaller roster with twenty-five kids compared to forty-five last
year but we have a lot more heart. The team really came around at
the end of the season. We want to start the season at that level."
The Pirates posted a 5-5 won-loss record last year with wins over
Shiprock, Gallup, Taos, Espanola and their only district win over
Bernalillo.
Grants started off last season with a 2-0 mark with wins over Shiprock
and Gallup. The Pirates host the Bengals next week.
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Warhawks capture city championship
Michael Peretti
Staff Sports Writer
GALLUP — The Dine' Warhawks wrapped up the Gallup Women's City
Softball League championship Wednesday with a 18-5 win over the Classics.
The Classics, taking second in the tournament, defeated Jacks Southwest
in the earlier game. Taking fourth in the tournament was NCI.
"I think we did really well," said the Dine' Warhawks head
coach Raymond Holtsoi. "We did what we were supposed to."
In the third inning, Brenda Etsitty hit a home run over the left field
fence.
The winning pitcher was Ronnie Hickson...
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Newcomb fielding a small squad
Michael Peretti
Staff Sports Writer
A year after going to regionals, Newcomb head volleyball coach Alan
Carter is preparing to coach his smallest team yet.
"We won't be deep, but we'll be okay," said Carter.
The Zuni Lady Thunderbirds will be the first District 1AA volleyball
team to take the court. They host Rehoboth this afternoon.
Newcomb and Navajo Pine will play Saturday.
Defending district champs Navajo Prep will play at Tohatchi Saturday.
Efforts to reach coach Shawna Becenti for an preview were unsuccessful...
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Council's pay raise foes are stymied
Jim Maniaci
Diné Bureau
CHINLE, Ariz. — The lawsuit that attacks the $10,000 Navajo
Nation Council pay raise by claiming the checks can't be written
legally has been delayed by the pending removal of one of the district
court's two judges.
And with the tribal Judicial Branch already short one of its 14
district court judges (spread among 10 courthouses), there simply
isn't anyone to fill in. Also adding to the burden is one Navajo
Nation Supreme Court vacancy, which means Chief Justice Robert Yazzie
has to call on a district judge if he wants a full three-justice
court to decide an appeal.
On Sept. 6 the council's Judiciary Committee is scheduled to interview
three candidates to add to the list of potential nominees it will
send to President Kelsey A. Begaye. The president will select one
for the council's confirmation or rejection, and the new judge will
serve a two-year probationary period before facing ratification
for permanent status...
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Group lobbies to change courthouse into museum
Bill Donovan
Staff Writer
GALLUP — Some 65 years ago, the Gallup area was gripped by
the harsh realities of the Great Depression, with many area residents
unable to find work that would enable them to buy food and other
necessities.
Their lives were turned around with the creation by President Franklin
D. Roosevelt of the WPA the Works Progress Administration that provided
jobs in the public sector for more than 8.5 million people nationwide
from about 1935 to 1943.
Now a group of Gallup residents, headed by Beverly Hurlbut, has
come up with the idea that once a new county government building
is constructed, to use the current courthouse for a national museum
commemorating the WPA and the people who were a part of it.
"As near as we can tell, there is no WPA museum in the whole
country," Hurlbut said...
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BIA head praises tribes
Larry Di Giovanni
Staff Writer
WINDOW ROCK — The Interior Department's highest-ranking BIA
official, Assistant Secretary for Indian Affairs Neil McCaleb, has
been on the job since July 4.
During this brief span, he has observed what works and what doesn't
in Indian Country. He made his thoughts known during a Wednesday
afternoon press conference at the Peterson Zah Navajo Nation Museum
and Visitor Center.
McCaleb, an Oklahoma Chickasaw who was director of state transportation
for 10 years, plans to hold a tribal energy summit, probably in
the fall in Washington. He wants to know what can be done to help
place the nation's 560-plus tribes in the same economic success
arena as the Southern Utes of Ignacio, Colo.
Southern Utes are experiencing financial windfalls benefiting all
tribal members because their leaders have tight control over their
own extracted minerals program, he said. The tribe is triple-A bond
rated with Standard and Poor, and Fitch...
School board will review hazing policy
Tara Drolma
Staff Writer
GRANTS — Rick Horacek, the new principal at Grants High School,
says a "zero tolerance" policy against hazing is not the
way to resolve the problem.
Even though the policy on hazing is at the back of the Discipline
Policies and Procedures handbook for students, Horacek said he spoke
with each class this week and made it clear hazing will be treated
seriously.
Mary Lee Meisner has a student at Grants High and she told the School
Board on Tuesday there have been five sexually related "hazing"
incidents at the school in the past two years. She said hazing has
been tolerated at the high school for a long time and it is "about
time somebody stood up and did something."
Earlier this year, New Mexico State Police were called in to investigate
the "hazing" of two 14-year-old freshman boys on the Grants
High School boys baseball team by two older boys, a 19-year-old
senior and a 17-year-old junior. The event took place on the bus
after a March 6 game in Farmington...
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Deaths
Virginia Jameson
BORREGO PASS — Services for Virginia Jameson, 75, will be held
at 10:30 a.m. Friday, Aug. 24, at Cope Memorial Chapel. Pastor Kee
Keyonnie will officiate. Burial will follow at Sunset Memorial Park.
Jameson died Aug. 19 in Gallup. She was born March 21, 1926, in Borrego
Pass into the Bitter Water for the Hairy People.
Jameson worked as a foster grandparent in Baca. She was a member of
the Established in the Word Ministry in Yah Ta Hey. She received numerous
awards and certificates for working with children.
Survivors include her husband, Willie Jameson of Borrego Pass; sons,
Floyd Jameson and Freddie Wero, both of Gallup, and Don Jameson of
Phoenix; daughters, Shirley Jameson of Phoenix, Maizie Will of Wisconsin
and Elaine Jameson of Gallup; brothers, Henry Largo and Harvey Largo,
both of Littlewater; sister, Bessie Largo of Littlewater; 29 grandchildren
and 53
great-grandchildren.
Pallbearers will be Floyd Jameson, Pat Jameson, Ronnie Jameson, Dion
Johnson, Dominic Jameson and Freddie Wero.
The family will receive friends and relatives after the burial services
at Iyanbito Chapter House.
Cope Memorial Chapel is in charge of arrangements.
Jean "Dee" Shipley
BRIMHALL — Services for Jean Shipley, 35, will be held at 10
a.m. Friday, Aug. 24, at Gospel Lighthouse Assembly of God, Crownpoint.
Pastor Carlos Baki will officiate. Burial will be held at Crownpoint
Community Cemetery.
Shipley died Aug. 22 in Gallup. She was born June 2, 1966, in Crownpoint
into the Black Streak of the Forest People Clan for the Yellow Meadow
People.
Survivors include her parents, Edison Miller of Brimhall and Elta
Shipley of Peach Springs; brothers, Delray D. Joe, Jodie D. Joe Sr.
and Johnnie J. Joe Sr., all of Brimhall and Jefferson D. Joe Sr. of
Standing Rock; and sisters, Juanita Jeff of Becenti and Jennie J.
Tsosie of Brimhall.
Shipley was preceded in death by her grandmother, Akis'bah Sam.
Pallbearers will be Jodie D. Joe Sr., Delray D. Joe, Jefferson D.
Joe, Sr., Don D. Tsosie, Al D. Tsosie and Ronny R. Jeff.
Rollie Mortuary is in charge of arrangements.
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