7 charged in attack on BIA agent

By Brian Hassler
Staff Writer

SHIPROCK — An attack on a BIA agent by two adults and five juveniles, all from Shiprock, has resulted in federal charges being filed against the seven people involved in the attack.

"They were taken into custody for the trial as of yesterday (Wednesday) afternoon," said Bill Elwell, FBI special agent. "Four of the five juveniles that are being charged were taken yesterday but the juveniles won't be charged as adults."

Eric Anthony Wilson, 22, Shoshain Tsosie, 19, and five juveniles ranging from ages 14 to 17 were charged with assault of a federal employee resulting in serious bodily injury and assault with a dangerous weapon.

The attack took place on April 30 at 2:30 a.m. when Nathaniel Blackwater was attacked after his wife had heard a window breaking and thought that someone had broken into their car.

After Blackwater had gone outside to check on the car, his wife, Yvonna, saw a group of males hitting him. Blackwater told police that he'd heard a loud thump and found the passenger window and the window of the 4Runner was broken.

Blackwater told his wife to call the police and went back outside when he saw three males standing in the shadows. After Blackwater recognized one of the men as Tsosie, the men yelled at him and Blackwater noticed that one of them had a baseball bat.

Despite identifying himself as a commissioned officer that worked for the BIA, the men continued to yell profanities at him and advanced on him. Blackwater attempted to grab the bat away when Shoshain began to hit him in the face with his fist.

The others at the scene began to attack Blackwater and kicked him when he had fallen to the ground. Blackwater began to back away from his attackers when one of the men attacking him picked up a rock and threw it at him, striking him in the forehead. Blackwater's wife came outside and told the attackers that she had called the police and Blackwater returned to his house.

Blackwater described his attackers and police located some at Shiprock High School, with the suspects describing in detail the situation that had occurred, but accusing Blackwater of approaching them with a baseball bat and a flashlight while they were drinking beer.

The juveniles accused Blackwater of attacking them and threatening to "go get his gun" and that they were defending themselves.

But one of the juveniles, in an interview with police, changed his story midinterview and admitted that Wilson had been the one with the baseball bat. Additionally, the juvenile also said that Wilson hit Blackwater first with his fists.

Once Blackwater attempted to defend himself, the juvenile admitted to hitting Blackwater in the head with his flashlight and that Wilson grabbed a brick and threw it at Blackwater.

Additional interviews gave authorities the probable cause needed to press charges against the two adults and five juveniles.

"Charges include the assault of Blackwater within Indian Country resulting in serious bodily injury, assault with a deadly weapon, with intent to do bodily harm and without just cause or excuse, or aided, abetted, counseled, induced, or procured the commission of such offenses, in violation of Title 18."

Though all seven will face federal charges, the situation is complicated for the five juveniles.

"All of them will be charged federally," said Elwell. "But our system does not have any way of dealing with juveniles. Because of their crimes they will all be charged federally, but something will have to be decided by the U.S. attorney about what will happen with the juveniles."

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.