Navajos happy that 'checks are in the mail'
Jim Maniaci
Diné Bureau
WINDOW ROCK The Navajo Nation's two top elected leaders
both expressed happiness Wednesday about reports from a New Mexico
senator the Interior Department finally is beginning to send out
natural resource royalty checks to individual Indians with trust
land allotments.
President Kelsey Begaye also said Sen. Jeff Bingaman, D-N.M.,
told him personally on Tuesday in Washington, D.C., that he supports
clemency for Peter MacDonald associates Ned McKensley and Donald
Benally. Begaye said Bingaman wrote to President George W. Bush
on Feb. 7 asking for the presidential pardons and called his support
"significant."
Navajo Nation Council Speaker Ed T. Begay said tribal "advocacy
efforts on behalf of the Navajo allottees finally roused the Department
of the Interior. The payment to Navajo allottees should never
have been stopped."
About 3,100 Navajos receive royalty payments for oil and gas produced
from their individual trust lands leased to private companies,
but two-thirds of the Diné get less than $100 a month.
The allottees have about 16,000 members in their immediate families.
"Senator Bingaman and others have been very helpful to the
Navajo Nation in addressing the stalled royalty payments. The
senator assured me the account holders would soon receive payments.
This is very good news. The Navajo Nation is very grateful for
his assistance," President Begaye said.
Speaker Begay noted that it took the combined effort of America's
largest Indian tribe and Congressional delegations in the states
in which the reservation is located, especially by two men from
New Mexico, Bingaman and Congressman Tom Udall.
The speaker pointed out that Navajo leaders raised the issue of
why the information needed to determine the amounts of the checks
had not been provided manually carrying computer discs
from office to office but "it took over three more
weeks of focused activity to get the attention of the highest
levels of leadership within the Interior Department."
Begay added, "In particular Congressman Tom Udall and Senator
Jeff Bingaman were very active in pressing for swift
action." This included Udall using a House Natural Resources
Committee hearing to grill Interior Secretary Gale Norton and
Deputy Secretary Steven Griles, with Bingaman both writing and
telephoning Norton personally.
The speaker also expressed his distress that the tribal council
had to dip into the tiny emergency reserve account
(Undesignated Reserve Fund) for more than a half-million dollars
to provide some financial relief to allottees (1,170 were eligible
for $300 and $700 grants, depending upon the average size of their
royalty checks.)
"The Navajo Nation Council had to take swift action to prevent
further harm to the Navajo allottees, using scarce ... funds.
I
know that my colleagues were concerned about the level of the
fund... But they knew that the Navajo people were hurting. I applaud
them for doing the right thing," Begay said.
At the second of two meetings in Nageezi each drew an average
of 300 allottees President Begaye said that when the
federal government catches up with the royalty payments, the Interior
Department will have to add interest and penalties for the
late checks. He also said that the only other government assistance
offered, general welfare assistance for basic food, clothing,
transportation and shelter, will not have to be repaid to the
tribal Social Services Division. Since the tribal council's allocations
were made as grants, the $300 and $700 won't have to be repaid,
either.
The funds were distributed through the Huerfano Chapter, which
Chapter President Wilson Ray said gave out $180,000 in five days
to about 90 percent of the qualified allottees. The list of who
qualified was assembled by Eastern Agency chapter presidents,
with federal assistance.
Tribal leaders remained incensed that although a federal court
ordered the department's Denver computer unhooked from the Internet
to protect the Individual Indian Money (IIM) accounts from tampering,
department employees continued to receive their paychecks.
Navajo leaders were told the bottleneck that prevented hand-carrying
computer discs between the originating office in Farmington, the
BIA Navajo Region office in Gallup and the Office of the Special
Trustee in Albuquerque (where the checks for the Diné were
actually written) was the time and cost it would require for the
oil and gas companies to install a new system to replace the Internet.
And, the Diné were told, the department expected the Internet
to be restarted soon, much faster than trying to install an expensive
temporary system.
Navajo leaders replied the checks should be written for the estimated
amounts and adjusted later. They believe the oil and gas companies
also could have copied their production information onto computer
discs, too.
Tribal leaders pointed out that the computer Internet way of sending
the information has been used less than a decade and had to be
done manually before that, so it wasn't an insurmountable obstacle.
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DNA tests stall murder trial
Killing behind Cowboys Bar
Andrea Egger
Staff Writer
GALLUP Forensic tests of bloody clothing have stalled the trial
for a Gallup teen who confessed to severely beating a man and leaving
him to die the day before Thanksgiving near the railroad tracks between
Cowboys Saloon and the Independent.
District Court action in the case of defendant Devin David, 18, of
1008 N. Strong Drive, will occur after the New Mexico Department of
Public Safety Crime Laboratory finishes testing David's blood-soaked
pants and shirt from the Nov. 21 killing of Andrew Begay, 45, of Church
Rock, said Gallup Police Lt. John Allen.
"They will test blood from Devin's clothes and see if it matches
blood from the decedent," Allen said.
DNA testing is almost 100 percent correct in determining the identity
of the body fluid tested. If it can be proven that Begay's blood is
on David's clothing, this will provide evidence to the prosecution
that David came in contact with Begay that night. It's more accurate
than a fingerprint.
David confessed to hitting Begay "10 or 12" times after
David said Begay called him a derogatory name and threw a rock at
David. Begay was "groaning" but still alive as David left
the area. But Begay was dead from the head trauma when Gallup Police
arrived at the scene.
Senior Trial Prosecutor James Patterson, the district attorney in
the case, and Joseph Campbell of Albuquerque, David's attorney, couldn't
be reached for comment Thursday.
Begay's wife, Eloise Shirley, 45, ran into Cowboys to call 911 after
a man wouldn't stop beating her husband. Shirley said the Begays and
a man, later identified as David, drank together near the railroad
tracks behind the Independent off of Ninth Street near Maloney Avenue.
"That appears to be an area frequented by intoxicated individuals,"
Allen said.
Shirley said she didn't know the assailants name. She told police
he left the area on foot.
Police scoured the area looking for signs of the suspect. They didn't
have to look for long.
A few moments later, dispatchers received a bizarre call from Payless
Laundry on Maloney Avenue. A man, covered in blood, staggered into
the laundry store.
An off-duty nurse, who was doing laundry at the store, noticed the
man and called for help. Police met with David.
Other Gallup Police officers spoke to Gallup residents during the
search for David and learned that a man fitting his description had
come up to them near Pep Boys and demanded they provide alcohol for
him.
"Let me drink with you or I'm going to kill you like I killed
this other guy," they quoted the man who fit David's description
as saying.
The residents began running, with David in hot pursuit, they said.
Eventually, David gave up the chase and went to the laundry.
In the transcript of a tape-recorded interview with David released
by police, the teen confessed to hitting Begay "10 to 15"
times with a rock about 6 inches by 4 inches.
In the transcript, David told Gallup Police detectives Matthew Wright
and Sgt. Rick White that he and his friends were drinking alcohol
and then walked around Rio West Mall. At one point, David said he
passed out drunk.
When he awakened, people at the mall told him he should leave before
someone calls the protective custody van on him to take him to the
detoxification center. David left the mall and walked toward Cowboys.
He met up with "some guy," who offered David liquor to drink.
David said he drank about a pint.
He said he was drinking when a man, later identified as Begay, walked
up to David, called him a derogatory name and threw two rocks at David.
The first rock didn't strike David, but the second rock hit him in
the face, David said in the transcript.
"What's up, man, why you throwing rocks at me?" David asked
Begay.
David said Begay pushed David to the ground, and David blacked out
again.
"When I snapped (awake), I was on top of him (Begay), hitting
his face, telling him, 'What were you doing with the rock?'"
David told the detectives.
After hitting him with the rock in the face about 10 or 15 times,
David said he stopped and got off of Begay. He said Begay wasn't answering
him or saying anything, he was just "groaning."
David told the detectives that Begay was bleeding but not "too
much." The teen said he doesn't remember talking to anyone else
after he left, when he began walking toward Payless Laundry on Maloney
Avenue to wash the blood off his hands.
The detectives asked David if he thinks it's possible he killed Begay.
David said he "could have."
A few weeks ago, David gave up his right to a preliminary hearing,
which is a court session where the prosecutor has to prove to a magistrate
that he or she has enough evidence to take the case to District Court,
where jury trials, plea bargains and sentencings occur.
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Search called off on Mount Taylor
Tom Purdom
Staff Writer
MOUNT TAYLOR Weary searchers came down off the mountain Thursday
empty-handed after the massive effort to find 20-year-old Ruth Miller
was suspended.
New Mexico State Police orders went up the mountain to the command
center to suspend operations after 43 hours of searching. Miller's
parents were at the command center when the orders came, police said.
"The searchers felt she was not still up there," said Officer
Craig Vandiver.
But she was up there, at least that's what 20-year-old Theodore Aragon
of Grants said. He said it because he went up with Miller in her 1989
Honda Civic on a lazy Sunday afternoon.
Miller is officially listed as "missing," Vandiver said.
Vandiver said that the search has not been terminated, just suspended
pending the discovery of more clues.
It is an odd case because search dogs brought to the point the two
were at, 5.2 miles up Forest Road 239 from the point the pavement
on Lobo Canyon Road ends, had "several hits" in an area
Aragon was found by the snow-stuck Honda Civic. But no matter what
set of footprints searchers followed, each dead-ended. The two had
driven into a heavily forested area somewhat flat, but used by the
Boy Scouts of America for yearly winter survival skills testing in
a competition called the Klondike. In
fact, the scouts had been at the same spot
If she was up on the side of that mountain Miller seemingly walked
off the face of the earth.
Aragon told police that the two drove up the side of the mountain
Sunday and got the car stuck. The two spent the night in the car while
temperatures on Mount Taylor plummeted from the daytime 30s to 40s
to zero and possibly as high as 7 degrees. He told the police that
Miller was wearing Blue Jeans, a T-shirt, sneakers and a light jacket.
Aragon told the police that after spending the night, about 4:30 p.m.
Monday, Miller got the car keys, got out of the car and said she was
going to use the bathroom. The young woman never returned.
Aragon said he spent the rest of Monday night on the mountain and
was found Tuesday by someone who just happened by him. He was taken
to Grants and later transferred to University of New Mexico Health
and Science Center in Albuquerque suffering from frostbitten feet.
Doctors released Aragon on Wednesday, but he refused to talk to the
media.
On Wednesday State Police Incident Commander Don Gibson said searcher
began looking in grid patterns for Miller on Tuesday. Meanwhile, Miller's
car was towed to Grants for police "processing."
All day Wednesday a United States Air Force Crew from Albuquerque
flying a C-130 flew grid patterns over Mount Taylor, as did a National
Guard Apache Helicopter and a State Police helicopter trying to find
Miller. While the air search continued ground search crews, including
search dogs, combed the mountain.
With temperatures once again dipping into the single digits on Mount
Taylor, the searchers remained hopeful, but as time went on concerned
mounted while hopes dimmed.
Thursday the State Police Search and Rescue Incident Command changed
to Bob Lathrop.
Around 3 p.m., he said hope still remained and the search would continue
as long as clues remained. "Everything we've followed up to this
point ended in a dead-end," he said.
"We've even had a dog out here today searching that was on the
search at the Pentagon when it was hit,"Lathrop said.
Lathrop looked down Forest Road 239 momentarily looking for something.
"We've got a fresh search team on its way," he finally said.
Storm clouds gathered in the sky. "We had one dog that showed
some interest to the west, but maybe it was just something in the
air," Lathrop said as winds began to pick up. "This wind
doesn't help at all."
Thursday's search saw all air support except for on State Police helicopter
end. On the ground end of the search about 24 rescue workers continued
to search in grid patterns spreading ever-wider from the center of
the search area, where the search command headquarters was located
near the spot Miller's car first got stuck in the snow.
Even the Mount Taylor District of Cibola National Forest were involved
in the search with two snowmobiles, but virtually every lead followed
fizzled.
State Police Lt. Tom Dobson, meanwhile, said the state police is having
a police criminal investigator go back and talk to everyone concerned.
Asked if a criminal investigation was initiated, Dobson said there
was not, that the criminal investigator simply was the person picked
to go back and talk to all witnesses. "We don't have anything
to point to foul play," Dobson said.
Lathrop, less than two hours before the search was suspended, said
hope is all anyone has to go on. "We do hope she's still alive,"
he said. "We do hope."
Vandiver said the parents took the news that the search was being
suspended "about as good as anyone could expect. We were hoping
for a better outcome."
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Area sports
Abelita Rose Freeland
Staff Sports Writer
TOHATCHI The Tohatchi Lady Cougars stepped to a challenge when
they were faced with different confrontations in a 61-57 win against
the Crownpoint Lady Eagles in a District 1AAA game at Tohatchi High
School on Thursday.
Problems started in the second quarter when their leading scorer Tanisha
Bitsoi received her fourth foul. Next, Tohatchi loss their next starter
when Norvilla Robinson had an ankle injury in the third quarter. Finally,
the Lady Cougars loss two more players when both Reycita Billy and
Ashley Watson both fouled out in the fourth quarter.
"The bench did a good job," said Tohatchi coach Fern Spencer.
"It was unfortunately that Norvilla got hurt when she did and
the fouls didn't help with our other starters. The people we did put
in did well. There is still time for improvement but we are down to
the wire. We are trying to look for seeding and this win tonight helped.
We are trying to get the home court advantage and I think tonight's
win also helped, so it was important for us to win."
"All the girls stepped up and we didn't lose our composure. There
were a couple of passes we didn't missed but other than that we made
the shots we needed. The free throws helped us and I think it helped
the whole game on both sides," Spencer said.
Despite her four fouls, Tanisha Bitsoi led her team when she tallied
more than half the Cougars points. Bitsoi pulled in 33 points, three
rebounds, a steal and an assist. She was 13-for-15 at the line and
10-for-10 on free throws in the fourth quarter.
"I had to keep my composure and keep the team together,"said
sophomore Tanisha Bitsoi. "We started to fall apart and when
that happened it was my time to step up. For a while I thought we
were going to lose but we came together as a team. It was a team win."
"Tanisha did her job because she is one of the captains. She
is a speaking captain so she did a good job in not getting her girls
too excited but to settle down and play their game," said coach
Spencer.
Crownpoint coach Sheri Moore said she couldn't point out just one
area that led to the Eagles loss but a mixture of elements.
"Tohatchi played very well. They gave us chances to take it from
them but we didn't take it. When you have a player with four fouls
and is a big scorer you have to take it at her. You have to try to
take her out of the game," Moore said.
"We were a little sluggish. We didn't come out attacking like
we need to. When one girls drive from one coast to another with no
one touching her that is poor defense and I am disappointed in that.
We just didn't lose because of free throws, but we lost to layups,
we lost to mental mistakes. There were a lot of factors," Moore
added.
In the fourth quarter, a total combination of 21-points was scored
at the line. The Eagles were 9-for-14 and the Cougars were 12-for-15.
Ahead 45-38, a jumper by Maegan Lee opened the quarter for Tohatchi.
Crownpoint started when Sylvia Johnson was 1-for-2 at the line.
Tanisha Bitsoi and Johnson exchanged a pair of free throws, while
Crownpoint continued on a six-points run to trail 49-47 with four
minutes left in the game.
Nelrita Jake 1-for-2 at the line, Orlanda Martin assisted a pass to
Johnson and Johnson finished the three-point play at the line. Nelrita
Jake then assisted a play to Stephanie Powell before Karilyn Begay
was 1-for-2 at the line to end the run.
Ahead 50-49, Tanisha Begay scored four points going 4-for-4 at the
line while Billy and Watson both fouled out.
Eagle Jennifer Jake added a point at the line but Jaynie Becenti scored
on an assist from Tanisha Bitsoi and slowly pulled away.
Crownpoint scored two baskets and three points at the line and Tohatchi
scored another basket and five more points at the line to end the
game.
In the first quarter, both teams matched each point but Tohatchi gained
an 11-6 lead.
The Eagles came within one point on two assists from Martin to both
Nelrita Jake and Lisa Arviso.
Tanisha Bitsoi than sank a jumper before the Eagles tied the game
at 13-13. Martin was 1-for-2 at the line and then assisted another
pass to Arviso.
The Eagles outscored the Cougars 14 to 13 in the second quarter to
take a 27-26 halftime lead.
In the third quarter, Tohatchi scored 19 points to Crownpoint's 11.
"(Coach Moore) has done a good job with her team. They mixed
up their defenses and it kind of confused us. They went from a 3-2
and then double-teamed our girls to where they couldn't get inside.
She has done a good job with them this year and everybody wants that
number two spot because we all want to go to state. It's up for grabs
and that's what we're dealing with," Spencer concluded.
Johnson led the Lady Eagles with 16 points, six rebounds and had a
block. Martin and Bowman both added 10 points each. Martin also had
four assist and a steal. Bowman had four rebounds, three steals and
an assist.
Lee scored 18 points for Tohatchi and grabbed three rebounds and two
steals.
Both teams will wrap up the regular district season on Saturday with
Crownpoint hosting Wingate and Tohatchi will play Thoreau.
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Dead body ID'd
Staff Report
GALLUP Police identified the man found dead Tuesday afternoon
next to Front Row Seat in Gallup's east side.
Cause of death for Joe Pete, 69, of Keams Canyon, Ariz., is still
unknown, Gallup Police Lt. John Allen said Thursday.
Police await the autopsy results from the New Mexico Office of the
Medical Investigator in Albuquerque.
Pete was found among hundreds of 40-ounce beer bottles in a busy field
just west of the video store. He was lying on his side in what looked
like a natural, comfortable position...
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Crownpoint man charged with murder
ALBUQUERQUE (AP) A Crownpoint man accused of driving a federally
owned pickup truck the wrong way on Interstate 40 and colliding
with a car, killing two Nebraska couples, has been indicted on four
counts of second-degree murder.
The federal indictment, announced by the U.S. attorney's office
Thursday, charges that Lloyd Larson, 39, acted with malice and with
"callous and wanton disregard for human life," by driving
while under the influence of alcohol.
FBI Special Supervisory Agent Doug Beldon has said blood-alcohol
tests administered a couple of hours after the accident showed Larson's
level was well above the legal limit of 0.08...
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Man charged after holding woman's head under water
Staff Report
GALLUP Police arrested a Gamerco man who allegedly held his
pregnant girlfriend's head down in a bathtub and tried to drown
her.
It was just your average argument, and Isabella Arteaga, 20, of
the 300 block of Calle Pion, left her boyfriend, Richard Glenn Buhr,
18, of 905 Cascade St. in Gamerco, so she could give the children
she was taking care of a bath, according to a Gallup Police report.
She locked the bathroom door behind her.
Buhr wasn't finished with the argument, however. He used an object
to break open the bathroom door, according to the report.
Three children, ages 4, 2 and 1 were in the tub...
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Many drunk drivers keep licenses
ALBUQUERQUE (AP) Many people accused of drunken driving in
New Mexico end up keeping their licenses when hearing officers or
arresting officers don't show up at license revocation hearings
that the defendant isn't even required to attend, KOAT television
reported.
Under New Mexico law, everyone arrested on drunken driving charges
loses their driving privileges, the station reported.
However, a provision lets someone get a license back by proving
to the state Motor Vehicle Division that the arrest was improper.
Because of the way the system works, "you've got pretty good
odds" of getting back on the road with a valid driver's license
after being accused of driving while intoxicated, said Taxation
and Revenue Secretary Glenn Ellington, whose department oversees
the MVD...
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Prewitt girl killed running for school bus
Zsombor Peter
Staff Writer
PREWITT School ends early today at Thoreau Elementary School
to allow students and staff to attend the funeral of a student struck
and killed by a pickup truck Wednesday morning.
Students will be permitted to leave at 1 p.m. to attend services
for Jeanita Johnson, 6, at Mt. Taylor Mortuary, 120 N. Third Street
in Grants, this afternoon. Some staff will remain at the school
to supervise students who have no arrangement to leave early.
The young girl died of massive head injuries after being struck
by the pickup, driven by 40-year-old John Francisco, some time between
7:11 and 7:15 a.m. while she was running across the street to the
bus stop, according to Crown Point Detective John Peshlakai...
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City awaits Johnson's decision
Bill Donovan
Staff Writer
GALLUP City leaders are watching anxiously to see what Gov.
Gary Johnson does with legislatively approved capital outlay appropriations
this year.
City Manager David Ruiz, in his regular weekly press conference,
said Thursday that once again the state Legislature has come through
for Gallup, approving all the major appropriations that the city
turned in this year.
This includes $500,000 for the continuing renovation of the city's
wastewater plant, $200,000 for continued development of the proposed
Navajo-Gallup pipeline and $150,000 for improvements to the city's
recreation fields.
These are the same requests that the city submitted to the legislature
last year...
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Deaths
William Edgar Farmer Sr.
GALLUP Services for Willam Farmer Sr., 87, will be held at
10 a.m., Saturday, Feb. 16 at Sacred Heart Cathedral. Rev. Lawrence
J. O'Keefe will officiate. Burial will follow at Sunset Memorial
Park.
Farmer Sr. died Feb. 13 in Gallup. He was born Nov. 30, 1914 in
Newton, Kan.
Farmer Sr. was a member of Local Elks Lodge and the Sierra Club.
He was active in the start of the Local March of Dimes, Gallup.
Survivors include his wife, Avis Farmer of Gallup; daughters, Kathryn
Gruda and Janice Horsley both of Gallup; seven grandchildren and
six great-grandchildren.
Farmer Sr. was preceded in death by his parents, William Riley and
Mary Edith Farmer; son, William Edgar Farmer Jr. and daughter, Judith
Ann Rothmeyer.
Pallbearers will be Bob Gruda, Steven Gruda, Patrick Horsley, Bill
Nations, Frank Rothmeyer Sr. and Frank Rothmeyer Jr.
Rollie Mortuary is in charge of arrangements.
Jonah Joe
MANY FARMS, Ariz. Services for Jonah Joe, 62, will be held
at 10 a.m., Saturday, Feb. 16 at St. Anthony Catholic
Church, Many Farms. Burial will follow at Rough Rock Community Cemetery.
Joe died Feb. 13. He was born Sept. 10, 1939 in Chinle, Ariz. into
the Salt Clan.
Joe served in the U.S. Army, was a combat veteran and served in
the Vietnam war. He recently represented the Chinle Agency Veterans
Assoc. with the operation Freedom Bird.
Survivors include his daughter, Joleen M. Tapaha; sisters, Ada Glorian
Pablo and Clara A. Randall; and also four grandchildren.
Joe was preceded in death by his parents, Mary and John Joe; son,
Darwin Jonathan Joe; brothers, Thomas Joe, Leo Oscar
Begay and Johnny Begay and sister, Louella Fulton.
Cope Memorial Chapel is in charge of arrangements.
Jimmie Benward
KLAGETOH, Ariz. Services for Jimmie Benward, 54, will be
held at 10 a.m., Saturday, Feb. 16 at Klagetoh Shelter Mission.
Kenneth Begishe will officiate. Burial will follow at Klagetoh Community
Cemetery.
Benward died Feb. 12, in Albuquerque. He was born April 14, 1947
in Ganado, Ariz. into the Bitter Water for the Honeycomb Rock People.
Benward attended school in Fort Defiance, Ariz. and Ganado. He was
employed with the railroad and as a rancher.
Survivors include his son, Cliff Benward; daughters, Cheryl Yazzie,
Cherlene Yazzie and Cherletta Herbert; brothers, Ernie Roan, Willard
Benward and Lester Benward; and 11 grandchildren.
Benward was preceded in death by his parents, Maggie and Joe Benward
and sister, Lucy Becenti.
Pallbearers will be Ed Yazzie, Shawn Yazzie, Alonzo Herbert, family
and friends.
Tse Bonito Mortuary is in charge of arrangements.
Brandon Patrick Yazzie
TWIN LAKES Services for Brandon Yazzie, 9, will be announced
at a later date.
Yazzie died Feb. 14 in Gallup. He was born Aug. 20, 1992 in Farmington
into the Salt People Clan for the Yellow Meadow Clan.
Rollie Mortuary is in charge of arrangements.
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