Violent wake-up call
Tribal prosecutors overwhelmed by number, severity of cases

Winner of the 2005 Gerald Crawford First Amendment essay contest, Randy Head, mingles with the runner up Stephen Bergin and Bergin's sister, Laura, before the New Mexico Foundation for Open Government dinner and ceremony. The event took place at the Hyatt Regency in Albuquerque. [Photo by John A. Bowersmith/Independent]

By Natasha Kaye Johnson
Diné Bureau

WINDOW ROCK — Domestic violence is on the rise on the Navajo Nation, and crimes involving domestic violence cases are becoming more violent than they were 15 years ago, according to officials.

Officials say the increase is proportionate to an increase in population, with repeated violators and victims being seen in the judicial system.

"We see the same people," said Leonard Livingston, Navajo Nation Senior Prosecutor. "We see the same cases, the same people, it's just that the injuries are more serious and the children are more involved. Today it's more graphic and a little more violent."

According to the Navajo Nation Department of Law Enforcement, there were 1,166 total recorded cases of domestic violence in the past three months alone, with only 281 cleared by arrest or exceptional means. Twenty of the cases were recorded as being alcohol related, with four drug related, and 18 cases committed by juveniles. During the second quarter of this year, Livingston said there were around 2,500 recorded domestic violence cases.

With the large volume of cases, prosecutors have seen words like shouting, hitting, striking, and even killing become common terms. Livingston, who has been a prosecutor for the tribe for 16 years, also said that most cases involve some form of drug use, like alcohol, meth, or cocaine.

Over the years, Livingston said he seldom heard a case where a man pushed, shoved, and beat his girlfriend or wife when she was pregnant. Today, Livingston has observed that it's almost ordinary.

"Today we see more and more and why? I don't know," he said. "They (men) have no disregard for women."

Some Navajo Nation officials speculate that drugs such as meth, which causes users to become especially violent, are to blame. Though there are women who abuse their male partners, women are statistically more likely to be the victims.

Women at risk
According to the American Indian Health Council, American Indian women experience the highest rate of violence of any group in the United States, with domestic violence leading to homicide as the third leading cause of death for Native women. Of Native American women murdered, more than 75 percent were killed by a family member or someone they knew. Though domestic violence is rampant on the reservation, there is no Navajo Nation law specifically addressing domestic violence within the Navajo Nation Code.

"If we see an increase in injuries and priors, we will ask for the maximum fine and jail time," said Livingston, which is a maximum of 365 days in jail, and a $5,000 fine.

Livingston said when repeat offenders go through the system, the courts will order them to counseling, such as anger management. Though Livingston said formal intervention is key, he said many victims end up dropping the charges, leaving the courts limited.

"They (victims) plea with us to drop the case," he said.

Livingston said he has seen cases where victims plead with the judge, tribal leaders, and even officials at the President's office to get charges dropped. Because victims do not follow through on charges filed, the court cannot follow through on prosecution.

Advocates lost
Almost a year ago, Livingston said the office lost its Victim Advocate's program, which he said was a key component to getting cases prosecuted. The program ended abruptly because a contract with the State of Arizona was not renewed.

The loss of the program is not the only area where resources within the branch are lacking. When Livingston began in 1992, there was a total of six prosecutors at the office. Today, there are only three.

"They (the tribe) will not create new positions, they just move jobs around," said Livingston.

Livingston said positions within the nation only get shifted from agency to agency, leaving many offices understaffed. And with the increased population of the enrolled members, the shortage in hired staff doesn't make sense to Livingston.

"We haven't adequately adjusted to the numbers. We don't have the adequate resources," said Livingston.

Along with leaving officials in the judicial system "not happy," Livingston said they leave a lot of victims dissatisfied as well.

Because of the shortage of prosecutors and resources, officials said cases usually have to be prioritized with the most violent being put first, and the "not-so-violent" being shoved aside. And with jail facilities filled to the max, officials said that jail time for offenders is limited, if it's even given at all.

"Justice is probably short served," said Livingston. "We're not applying the full meaning of justice."

"The law needs to sit down and strategize how we can best maximize the intent of the law," he said. "In some ways, we're just going backwards."