Tribe takes stand against 'eroding' sovereignty
Jim Maniaci
Diné Bureau
WINDOW ROCK — The Navajo Nation Council has adopted an official
position against private property rights within its exterior boundaries,
reacting to recent U.S. Supreme Court decisions that diminish
tribal sovereignty.
Tribal leaders will present the four-page position paper Sept.
11 at a special meeting in Washington, D.C., called by the National
Congress of American Indians and the Native American Rights Fund,
Attorney General Levon Henry told delegates.
By a recent 62-0 vote, the council adopted the position after
deleting a section on the right of non-Navajos to participate
in tribal government if the First American nations can gain control
over all land and peoples within their exterior boundaries. This
would include the entire city of Gallup.
The paper refers to "Indian country," which carries
a different meaning than "reservation." A reservation
is land the federal government owns and reserves for First Americans
as trust property. "Indian country" includes other types
of land ownership, such as private parcels surrounded by reservations,
or the Navajo Eastern Agency which mixes private, state and other
federal land with trust territory, as well as acreage allotted
to individual Indians and private property owned by the tribe.
The deleted section read:
"Indian nations must consider developing ways that non-Indians
and non-member Indians can participate in the tribal political
process, much like the United States allows limited participation
in its political processes by naturalized citizens.
"The United States government should assist Indian nations
by recognizing an Indian nation's civil and criminal jurisdiction
over all persons who enter Indian country. The entry onto or crossing
of a reservation boundary or participation in tribal government
will constitute implied consent to jurisdiction."
In the recent Atkinson case involving the Cameron Trading Post
property owned by the Atkinson company of Gallup, the U.S. Supreme
Court ruled the Window Rock government could not collect its hotel
tax. The court said the Cameron site was private land and the
tribal government did not meet the two specific conditions in
which a tribal tax could be applied to private
property. (The trading post originally was eight miles from the
reservation boundary, but the tribal reserve was expanded by federal
edict around the site.)
The justices also supported Nevada officials in the Hicks case
in which state game wardens executed search warrants on a tribal
member at his home on tribal land.
The Navajo paper begins, "Over the past two decades U.S.
Supreme Court decisions have steadily eroded the inherent sovereignty
of Indian nations. In fact, all that remains of Indian nation
sovereignty is authority over members within respective reservations."
To achieve the goal, the paper says, "First, Indian nations
must come to a consensus of what sovereignty means. Second, Congress
must recognize that sovereignty as absolute and not a delegation."
It then took up six goals one at a time, but that is now reduced
to five.
The five are Indian country statute (section 1151 of Title 18
of the U.S. Code), regulatory and taxing authority, judicial review,
criminal jurisdiction, and an opt-out provision for less advanced
tribes.
It must be made clear, the first goal says, that rights-of-way
running through reservations would come under tribal, not state,
control.
The second goal calls for the tribes to be given the right to
control taxes "within the exterior boundaries which directly
affect Indian Country. State jurisdiction to tax any activity
whether engaged in by Indians or non-Indians must be extinguished
..."
The third goal would apply directly to the Russell Means Chinle
case.
The reluctance of federal courts and Congress to grant total criminal
jurisdiction "is due primarily to a fear that non-members
will not be accorded due process and equal protection as guaranteed
in non-Indian courts." The paper proposes establishing an
Indian Appeals Court "comprised of Indian jurists" as
the solution.
"In addition, Congress must enact legislation that ensures
a substantive tribal role in the confirmation of all federal judges
who adjudicate Indian Country matters." (The U.S. Constitution
gives the U.S. Senate the power to confirm presidential nominations
of judges.)
Goal four wants Congress to "recognize an Indian nation's
inherent criminal jurisdiction over all persons and offenses
committed in Indian Country" unless the U.S. guarantees "federal
prosecution and incarceration of offenders."
The fifth goal allows tribes not ready "nor willing to exercise
all attributes of their inherent sovereign authority" to
"opt-out of these political rights."
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3 arrested after shots fired at sign
Andrea Egger
Staff Writer
GALLUP — Gallup Police officers investigated a shooting scene
and arrested two Gallup people and a man from Navajo, N.M., Saturday
afternoon.
Gallup Police Lt. Ron Silversmith was sent to the area of Marguerite
Street and Highway 66 around 4 p.m. because a man in a white truck
had pointed a gun at a man in a green van, according to Silversmith's
police report.
The man in the green van was on a cellular phone and was reporting
to dispatchers where the white truck was headed. When the man in the
green car, later identified as Jamal Abusood, 22, of Freedom Drive,
saw the white truck pull into the parking lot of El Dorado on Highway
66, Abusood pulled into the parking lot of Days Inn, nearby.
Police found the white truck at El Dorado. Silversmith saw a man trying
to get into the white truck.
He told the man to stay where he was and he ordered the male passenger
and female driver to exit the truck. Silversmith did a pat-down search
for a firearm but found nothing.
Silversmith asked the driver, identified as Shannon Nez, 24, of Klagatoh
Drive in Gallup, if there were any weapons in the vehicle.
"I don't know," she responded.
Both passengers had been placed into separate police cars. Silversmith
noticed a gun magazine with live rounds on the middle of the truck
seat, according to the report.
Nez said the truck belonged to her. Silversmith asked her if the gun
the clip belonged to was in the truck. Nez didn't respond.
Silversmith noticed alcohol on her breath. She declined officers'
requests to search her truck. Police also saw open cans of beer in
the truck.
At this point, Abusood came up to Silversmith and told him that he
was behind the white truck going east near the Klagatoh apartments
in Mentmore when one of the male passengers of the white truck took
out a black handgun and shot at a street sign.
"That's the crazy guy, right there," Abusood identified
one of the men in the police cars.
After the man shot at the sign, the truck continued east and went
under the tunnel at Industrial Road. The white truck pulled into the
right lane and Abusood pulled in the left lane at Industrial Road
and Highway 66.
Just then, the middle passenger held up the gun and worked the slide.
Abusood said he got scared and turned east on 66. The white truck
followed.
Abusood called police on his cell phone.
Police went back to the tunnel and into the Mentmore area, where they
found bullet casings and bullet holes in a stop sign near where Abusood
described.
Police arrested the three who were in the truck.
Anthony Manuelito, 23, of Navajo, told police, "I didn't shoot
anything," according to the report. Asked if he had a gun, Manuelito
said "they" threw it out the window near the soccer field.
Manuelito was arrested and charged with contributing to the delinquency
of a minor, negligent use of a firearm, tampering with evidence and
criminal damage to property, all felonies, according to the report.
He was also charged with a misdemeanor count of having an open container.
Manuelito told police the other passenger, Devin Willie, 17, of Klagatoh
Drive in Gallup, had thrown a silver gun and had also had a black
gun.
Police arrested Willie and charged him with negligent use a deadly
weapon and tampering with evidence, both felonies, and possession
of alcohol as a minor, a misdemeanor, the report shows. Willie told
police only that the gun didn't belong to him.
Officers arrested Nez and charged her with contributing to the delinquency
of a minor and tampering with evidence, both felonies, and having
an open container of alcohol, a misdemeanor, according to the report.
Officers went back to the area of the soccer field but were unable
to find any guns.
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Man gets jail for fifth DWI
Tara Drolma
Staff Writer
GRANTS — District Judge Camille Olguin sentenced a Milan man
to 363 days in jail for his fifth DWI conviction. In addition, the
grand jury for the Thirteenth Judicial Court handed up several indictments
last week.
Jesus Pereda Ramirez, 49, of Milan, was sentenced to 363 days in jail
for this latest DWI. Olguin ordered Ramirez to serve at least six
months of his sentence before being given any good time.
In an agreement with the District Attorney's Office, Ramirez agreed
to plead guilty as charged in return for a sentence of no more than
366 days in jail, the payment of restitution as ordered by the court,
and he agreed to enter a treatment program and to follow the recommendations
of the program.
Ramirez will be allowed work release so he can keep his job while
in jail. However, he will not be allowed to drive, nor is he allowed
to have any alcohol in his possession or in his home.
The incident occurred 1:30 p.m. March 1 on Interstate 40.
Indictments
The grand jury indicted three men on charges of burglary, breaking
and entering and larceny for an amount of more than $250.
Court records show Aaron Jimenez, 18, of Grants, was caught leaving
the scene of a burglary at a house on Inwood Court.
Refugio Gallegos, also 18, of Grants, and Raul Perez, 21, of Albuquerque,
were arrested later that night when they returned to the scene.
According to records, police were called to investigate a burglary
in progress at 1104 Inwood Court in Grants at 11:48 p.m.
July 6. When they arrived they found the back door to the trailer
pried open and the officers reported seeing Jimenez walking east on
Inwood.
Officers called out for him to stop, but police said he continued
walking and threw the items he was carrying into some bushes.
Officers apprehended Jimenez and the victim later identified the items
tossed into the bushes. More of the missing property was located in
another yard on the street.
Around 2 a.m., while officers were still investigating the scene,
they saw Gallegos and Perez walk toward 1113 Inwood and then turn
away and walk around the block to Houston Street. When officers stopped
the two men, they found the tread on the soles of their shoes matched
footprints that had been found at the scene of the burglary.
Officers found a TV remote and two knives identified as part of the
stolen property in Perez's possession and a stereo cable in Gallegos'
pocket.
All three men were charged with felony charges of burglary, breaking
and entering and one count of larceny over $250.
Linda Urioste, 53, of Grants, was charged with one count of shoplifting
of more than $250, a fourth-degree felony. Urioste was arrested at
4 p.m. July 20 at Wal-Mart when she was caught leaving the store with
a shopping cart full of merchandise she had not paid for, according
to court documents.
The merchandise was valued at $334, which included a pillow, oil,
a fan, cigarettes, soap, a duster, shelf paper, curtains, eyedrops,
allergy medicine and other items.
The grand jury charged Paul Montoya, 21, with aggravated battery with
a deadly weapon. The indictment says Montoya "did touch or apply
force to Liza Lovato with a blue motor vehicle ... intending to injure
Liza Lovato."
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Gallup JV defeats Rehoboth for first
win
Carrie Loretto
Sports Editor
REHOBOTH — Perhaps the Gallup JV volleyball team should play
more varsity games.
The Lady Bengal junior varsity squad won its first match of the year,
defeating Rehoboth 15-9, 8-15, 15-11, 15-12 in prep volleyball action
at Rehoboth High School Tuesday night.
"They did a good job today, this is the best they've ever played
in a game, they kept it together today,"Gallup junior varsity
coach Kelly Louis said."I was happy with their passing, I thought
they stuck together today, they did a lot of talking which we've been
working on. Their serves, when they were getting their serves in they
were ahead."
Gallup served 86.4 percent (89-of-103) with 13 aces in the match while
Rehoboth served 85.7 percent (84-of-98) with 14 aces.
The main differences in the match was that the Bengals had fewer serve
receive errors and were able to set up an offensive attack more consistently
than the Lynx who struggled to get good passes to setter Erika Romero.
As a result, the Bengals outhit Rehoboth 51 to 33 and finished with
more kills - 13 to 8.
"It wasn't our best (match), we weren't quite alive out there,"Rehoboth
coach PLEASE ADD FIRST NAME Grosden said."We're still adjusting
to a lot of things. We have a lot of young players who are just learning
positions, but there was a lack of oomph there." Gallup improves
to 1-3 on the young season, while Rehoboth drops to 3-4.
The Bengals took the early lead in three of the four games, but Rehoboth
managed to get back in and even held leads at different points which
stretched the match into a nearly two-hour marathon.
In the first game, leadoff server Tara Green served for three points
including an ace to put Gallup up 3-0. Three more points on a dink
kill by Ashlee Johnson, a serve receive error and an ace from Tish
Becenti opened up a 6-0 advantage.
At the start of the second rotation which brought Romero back up to
serve, Rehoboth rallied to pull within 9-6 on a pair of aces by Romero
and akill by Erin Holwerda.
The teams exchanged several sideouts and points through another complete
rotation before Nichole Jackson served out the game. Becenti had a
kill and Rehoboth had a pair of hitting errors for the final three
points.
Gallup again took the early advantage in the second game, capitalizing
on several hitting errors and aces by Kirsten Tsosie, Jackson and
Tasha Ashley to go up 7-2.
However, Christen Sanchez strung together five points, including a
pair of aces to tie the match at 7-7 after one rotation. Three servers
later, Jessica Schell ended an 8-8 tie as Gallup began having problems
on their side of the net.Schell's five points put the Lynx up 13-8.
After trading hits out of bounds, Lindsey DeYoung tied the match serving
the final two points.
The Bengals went ahead 3-0 on an ace rrom Jackson along with a kill
by Johnson, but then had to rally from a three-point deficit in the
third game. Again they did it with strong serving from Johnson, who
served five straight points including an ace.
Tsosie also had a block during that run which put Gallup ahead 13-10.
A stuff block by Becenti gave Gallup game-point, but a kill by Holwerda
forced a sideout. Three rotations later, Becenti put Gallup up 2-1
in the match with a hard serve that Rehoboth returned off the ceiling.
The fourth game was just as intense as the first three as the teams
went through their rotations almost 2 1/2 times.
At the end of the second complete rotation, Gallup led 10-7 after
Rehoboth's lineup was caught in an illegal rotation.
When Romero, the Lynx' first server, took over possession, she served
five straight points to put Rehoboth in the lead, 12-10.
An illegal hit ended Romero's run at the service line and Bengal Green
served for a point which came off a Rehoboth hitting error.
After trading sideouts, Tsosie served out the match with four straight
points, including an ace to set up game point. Rehoboth was called
for a lift on match point.
Johnson led all hitters wil six kills, a dink kill, and two stuff
blocks for the Bengals. Tsosie added four kills, three bocks and five
aces.
Holwerda was the Lynx' chief offensive weapon, finishing with five
kills on 16 attempts, and three blocks, one of them a stuff.
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Hunters' 'bucks' aid economy
Tom Purdom
Staff Writer
GRANTS — More than 1 million residents and non-residents spend
time in the outdoors and all of them spend an estimated $709 million
each year in New Mexico.
Bow elk season started Saturday, which is the reason people in Grants,
Gallup, San Mateo, San Rafael and other communities have seen an influx
of hunters. In and around Cibola and McKinley counties primarily Game
Management Units 9, 10, 12, 13 and 7 there are about 872 elk hunters
pursuing the elusive wapiti in the mountains and high desert areas.
And they are spending huge sums of money.
By the time bow season is over, there will have been at least 1,000
bow hunters in the area. During the muzzleloader season starting Sept.
29, some 990 smokepole shooters will have visited the area by season's
end on March 27, 2002, and 945 high-powered rifle shooters will have
spent money in the area...
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Teen killed in crash of two pickups
Jim Maniaci
Diné Bureau
CORNFIELDS, Ariz. — A 15-year-old Greasewood Springs boy died
Saturday morning when the pickup truck he drove crossed into the other
lane and collided head-on with another pickup, Navajo police report.
Kyle Tsosie was driving a GMC southbound around 2 a.m. on Bureau of
Indian Affairs Route 15 near Mile Post 99 with passenger Cody Mann,
15, who lives west of Mile Post 94 on Route 15 in the Cornfields Chapter.
Mann said they had been drinking alcohol, according to the Window
Rock Criminal Investigations District report.
They collided with a Dodge pickup truck headed north and driven by
Vicent Shorty, 25, of Cornfields. He and his passengers, Merv W. Curley,
21, a neighbor, and Marty Cay, 23, who lives about a half-mile west
of the Cornfields Chapter House, all were taken to Sage Memorial Hospital
in Ganado...
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Gallup boys, Grants girls win
The Gallup Bengals picked up a 2-1 win Tuesday in area soccer action
against the Kirtland Broncos.
"I thought we did a good job," said Gallup head coach
Shaun Gill. "We were able to shut their leading scorer down."
Gill said that he was pleased with the play of his offense and that
his defense did a good job stopping Kirtland from getting many shots.
"We out shot them 12-3," he said. "Offensively it
was a very good job..."
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Ganado beats MV 2-0
Staff report
Kayenta, Ariz. — The Ganado Lady Hornet's opened their first
conference game with a victory over the Monument Valley Lady Mustangs,
15-11 and 15-8, in 3A North Conference action at Monument Valley
High School Tuesday night.
In other local volleyball action, Pine Hill beat Alamo 3-0 and St.
Michael also fell short in three games against Ramah 3-0.
Ganado 2, Monument Valley 0
The Ganado Lady Hornets won one of their biggest rivalry games in
the 3A North Conference in their first conference game of the season
and beat the Monument Valley Mustangs 15-11 and 15-8.
"This is the biggest match for us this early in the season,"
said Lady Hornet coach Jerome Burns. "It was good to see them
this early and it was good competition..."
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Statue honors Code Talkers
Bill Donovan
Staff Writer
GALLUP — Over the past two decades, the Navajo Code Talkers
have received numerous honors, from banquets to special Congressional
medals. But they have never had a memorial constructed in their
honor.
Until now.
Oreland Joe, probably the best Navajo sculptor of his generation,
is currently putting the final touches on an 8-foot bronze statue
at his Kirtland studio honoring the Code Talkers. The bronze, commissioned
by the Southwest Indian Foundation at a cost of about $100,000,
is expected to be completed in October.
"This is genuinely a fantastic bronze," said William McCarthy,
chief executive officer for the foundation. "There is no one
who has seen it who hasn't been impressed with it..."
Murder ruled out in death
Andrea Egger
Staff Writer
GALLUP — The FBI has determined a man found dead Feb. 6 in
Tohatchi committed suicide.
Navajo Police initially declared the shooting death of Myron Charles
Mitchell, 37, to be murder. One of the factors leading to that determination
was the fact that while Mitchell was found dead in a pool of blood
with a gun nearby, there were no bullet casings or a magazine with
the gun.
These items, which should have been found near the body if Mitchell
had shot himself, appeared to have been removed from the scene.
Mitchell was found by his wife, Lola Yazzie, 49, on the floor of
their bedroom in their Tohatchi home, police said. He had one gunshot
wound to the head...
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Deaths
Mario D'Orazio
GALLUP — Services for Mario D'Orazio, 75, will be held at 10
a.m. Thursday, Sept. 6, at Sacred Heart Cathedral. The Rev.
Lawrence J. O'Keefe will officiate. Burial will be at Santa Fe National
Cemetery, Guadalupe Street, at 2 p.m. Friday, Sept. 7.
Visitation will be held 11 a.m. today, Sept. 5, at Rollie Mortuary.
A rosary will be recited at 7 p.m., tonight at Rollie Mortuary.
D'Orazio died Sept. 1 in Gallup. He was born July 17, 1926, in Cansano,
Italy.
D'Orazio was a member of the Elks Lodge and Sacred Heart Cathedral.
Survivors include his wife, Elvira D'Orazio of Gallup; son, Robert
D'Orazio of Gallup; daughter, Lisa D'Orazio of Gallup; and four grandchildren.
D'Orazio was preceded in death by his parents, Michael and Amalia
D'Orazio; brothers, Arthur D'Orazio and Nick D'Orazio; and sisters,
Esther D'Orazio, Lucia D'Orazio and Annastasia DiPomazio.
Pallbearers will be Dominic Biava, Joe DiPomazio, Lucci DiPomazio,
Rocco DiPomazio, Gene Pacheco and Lidio Rainaldi Jr.
Rollie Mortuary is in charge of arrangements.
Ulis James Shabi
WHITE CONE, Ariz. — Services for Ulis Shabi, 37, were held at
10 a.m. today, Sept. 5, at Our Lady of Guadalupe Catholic Church,
Holbrook.
Shabi died Sept. 1 in White Cone.
Shabi attended Monument Valley School and Pima Community College.
He was a crosscountry runner in high school. His hobbies included
riding horses.
Survivors include his daughter, Shaylin Shabi of Kayenta; mother,
Sarah Shabi of White Cone; brothers, Jerry of White Cone, Lester of
Chambers, Calvin of Las Vegas, Nev., and Raymond of White Cone; and
sisters, Mary Todachine of Kayenta, Louise Shabi-Mitchell of Window
Rock and Bernita Platero of Albuquerque.
Shabi was preceded in death by his father, James, and brother, Alvin.
Marie B. Valentino
COYOTE CANYON — Services for Marie Valentino, 58, will be announced
at a later date.
Valentino died Sept. 2 in Albuquerque. She was born Sept. 30, 1942,
in Tohatchi into the Salt People Clan for the Red
Running into the Water People Clan.
Rollie Mortuary is in charge of arrangements.
Mary Leyba
GALLUP — Services for Mary Leyba, 79, will be announced at a
later date.
Leyba died Sept. 3 in Gallup. She was born Nov. 29, 1921, in El Paso,
Texas.
Rollie Mortuary is in charge of arrangements.
Thomas L. Woodard
SANTA FE — Services for Tom Woodard, 65, will be held at 10 a.m.
Friday, Sept. 7, at the Santa Fe Funeral Options and Memorial Gardens,
417 E. Rodeo Rd., Santa Fe.
Woodard died Sept. 2 at home after an extended battle with cancer.
He was born Aug. 15, 1936, in Gallup.
He attended Gallup High School and New Mexico Military Institute (NMMI)
in Roswell, graduating in 1954. He later studied
business and accounting at the University of Arizona from 1958-62.
During these years he also competed on the professional rodeo circuit,
participating in bareback, saddle bronc, bull riding, and bull fighting.
In 1960, he opened an Indian arts and crafts store in Tucson, Ariz.,
using the experience he gained working in his father's Indian arts
and crafts store in Gallup.
He returned to Gallup in 1964 and became active in business and community
affairs. Woodard served on the Gallup Inter-Tribal Indian Ceremonial
Board of Directors, and was active in the Rotary Club for many years.
He served on the editorial board of American Indian Art Magazine,
which deals primarily in historical information relating to Native
American art. He
was a charter member of the Indian Arts and Crafts Association and
later served as its president.
Woodard was named New Mexico "Retailer of the Year" in 1975.
He served as president of the New Mexico Retail
Association in 1979. He was an avid private pilot for many years and
served as chairman of the Gallup Airport Commission in
1977.
In 1978, he moved to Paradise Valley, Ariz., and opened an Indian
arts gallery in Scottsdale. He moved to Santa Fe in 1982
and opened a gallery downtown. He later closed his gallery in Santa
Fe and continued to use his skill as a professional
appraiser of Native American fine arts collections and individual
pieces for museums until the time of his death.
Survivors include sons, John Woodard of Gurnee, Ill., and Jeff Woodard
of Jupiter, Fla.; brothers Phil Woodard of Gallup
and David Woodard of Santa Fe; and two granddaughters.
He was preceded in death by his parents M.L. "Woody" and
Ann Woodard; brothers, Don and James; and sister, Marjorie.
Family and friends are invited to Woodard's home at La Tierra Nueva
following services.
In lieu of flowers, memorial gifts can be sent to: Tom Woodard Memorial
Fund, NMMI Alumni Association, 101 W.
College,Roswell, N.M. 88201-5173.
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