Killer driver enters plea of no contest
Victims' family outraged by 4-year sentence, wants federal charges filed

By Brian Hassler
Staff Writer

SHIPROCK — By 8:30 a.m. on Tuesday, more than 20 relatives of Elliott Clark were seated and waiting for the pretrial work for Elliott Shorthair.

Instead of a trial, Shorthair pleaded no contest and will receive four years in jail and $20,370 in damages for killing Tom Grandson, 47, his wife Lorita Benally, 42, and her two daughters Sylvanna Clark, 19, and Sylvania Clark, 13, during a street race on Jan. 28.

Throughout the morning, Clark sat by the lawyer representing his family while Shorthair arrived later in the morning in an orange jumpsuit, crutches, a foot brace and was cuffed after he sat down.

Shorthair has been in police custody since Jan. 28 when his car glanced off another vehicle during a street race and swerved into the opposite lane and an oncoming vehicle killing Clark's mother, sisters and stepfather.

Family members grew anxious as pre-trial work was completed on other cases but nothing was done concerning Shorthair's case.

After some brief discussions, Shiprock prosecuting attorney Darryl June addressed the audience.

"Elliott Shorthair has changed his plea to no contest," prosecutor said. "He's not saying he's guilty or not guilty but he's acknowledging that there is enough evidence to convict him. Before he said he was not guilty and that he wasn't even there but he's accepting the punishments for the counts against him."

Those punishments include one year and $5,000 per person killed as well as a $370 fine and 90 days for street racing.

Shocked family members asked about a possible trial but June explained that a trial was to determine guilt and a punishment. With the "no contest" plea, there would be no trial and no admission of guilt.

"It wouldn't be enough if he was going to prison for his life," said Eleanor Yazzie, Clark's aunt. "He killed four innocent people and they were there when you needed them. In return, this is what they got."

While the punishment for Shorthair from tribal prosecution is completed, the use of federal prosecution is still unknown to both tribal attorneys and family members.

Upon hearing that Shorthair had pleaded "no contest," a federal representative said that the government currently wasn't pressing federal charges against Shorthair.

If charges are to come against Shorthair from federal prosecutors, it will not matter what decisions were made in the tribal courts.

"The United States of America does have jurisdiction over the Navajo Nation Reservation," said a federal employee in the U.S. Attorneys office last week. "The decision to prosecute or not to prosecute cases like this are determined on a case by case basis."

For now, Elliott Clark and his family members will most likely file a civil suit against Shorthair and will wait to see if the federal government brings charges.

"I wish they (federal prosecutors) would consider it," said Yazzie. "I have this hatred inside of me and I've never hated anyone my entire life. I wish the punishment could be more, it's not enough and that's all I can say."

— Brian Hassler is The Independent's Four Corners reporter based in Shiprock. Contact him at (505) 360-7862 or via email at brianhassler@hotmail.com