Tribal authorities detain Montana Fish, Wildlife and Parks warden for 5 1/2 hours

how's it going had better days heard that so what we have here is uh this is a deed property owned by the tribal Community this is a BLM numbered route this isn't submarginal this isn't reservation this is deed property in the state of Montana right and I'm they've got me pretty well detained here on this open public road okay how's it going guys paon ha hawson nice to meet you Haw chief of police okay Travis P nice to meet you don't think we've ever met yet no not yet so the issue here is um I'm aware of your tribal resolution I guess my question is jurisdictionally okay the authority to stop and detain me on a County Road in bla County within needed property I mean is a county road that goes through not that this is needed property that is community okay state of Montana this is an Open Road pass the BLM number Trail in the county road BLM cattle guard BLM sign have been detained I feel like my civil rights are being violated here okay and that's and there actually that's my point of view is also they right yeah a lot of I guess things that this has been from what I'm understanding this has been a an ongoing thing for a couple of years now um so uh it should have been resolved by now apparently it hasn't been um and they still having the same problems that that were that were happening in in the past are still happening today so I mean I guess the thing is that uh I don't know um my question for everybody here is what can we do let's get him out of here we all go home we all sit down somewhere tomorrow the next day I don't care when but let's get all here with that is that that's already been done on three occasions met State on this okay they said that uh the on each time they had told uh told the tribe that they were going to resolve this issue the issue was going to be resolved but it's not um on on that resolution that specifically states that that uh that working together that they would they would notify request permission to come to cross all tribal land all rways that's what that resolution says it doesn't say whether it's BLM or or trust land or what it just says all rights ways what standing that's what this is right here what standing does Tribal Law have outside of the reservation standing you point to the resolution but my question is how do you how is that even valid here where we stand right here maybe that isn't for us to answer it I would answer while I'm enforcing Tribal Law and and if Tribal Law is unconstitutional or not right or whatever that's that it can't be decided by me be decided by someone else I will uh I will say that in the state we have reached out to tribal fishing game on several occasions with a memorandum of understanding which was rejected a signing project which was we did not receive much support for um we several things have occurred um getting I mean mean it takes two to tango I would say we requested three meetings you know we we were the ones who requested them so we had we have three meetings and we we the last one the chairman mark a the Pres tribal president and your supervisor the Tom flowers was there and and there was everything was discussed and all there was a lot of issues other than this but this was one of the ones that was discussed and that's where it ended you know there's no no body in my agency would have ever agreed to restrict our travel down an open County Road within the state of Montana I don't know that the council did it I I wasn't on the council I understand but the council has no Authority where we stand right here you own you own private deed property no one's disputing that this is the tribals deed property right here in the state of Montana falls under State jurisdiction well what's your opinion I guess the council's got a different one so submarginal submarginal is a different designation that's to be considered reservation that's it no one's disputing that who well that's where we stand though I mean I I offered him up and I give a chance to to to to leave you know how did how when did you offer me a chance to leave there I said you're you're welcome to go back through and and go back request permission like the resolution says next time and and when did you now hold on when did you offer me a chance to leave in fact you pointed at me and said you said you pointed at me up there and said come through our property and see what happens see what happens and then you wave for them other guys to come here and you set up a road block that was after you you started you started being to me being unreasonable it ain't up to me to discuss the legalities of this all I know is I I'm a sworn officer for Fort B tribes okay and and that's the res that's the Tribal Law right now well my thing is what can we do to put this to bed today so we can go and the sheriff's in on it now so he's going to be following up on it um I know he's calling some powers that be and I I know there's going to be some things you know some ground shaking going on so what can we do to get everybody out of here so everybody can go home go about their business we call for a tow truck going to throw the vehicle take it to the shop and then and then whatever you're stealing you're going to steal my Ste bring bring an issue that if you have no Authority just tow it isn't that stealing no it isn't stealing enfor some tribal jurisdiction we do that but we do that tribal members you know we do that to non-members we confiscate their their weapons when they're when they violate Tribal Law we we callcap okay I I'm not I'm not a tribal member the tribe has no jurisdiction over to nonmembers too the tribe has no jurisdiction over top of it not especially here off reservation on state jurisdiction ground that's your opinion you know that's a that's the question that needs to be addressed here all you would have had to do call all you had to do was call I I do not need to call the drive down you know we've we uh in the past I don't maybe you guys aren't up speed but we did a we did a hunting we did a hunting map you know we did a signing project down here they were posted of course it got vandalized and destroyed but we uh we provided these Maps Okay that said open open roads where tribal licenses are valid where state licenses are valid and that was provided to tribal fishing game when Mark was still the director when that was all agreed upon then that these of what where licenses were valid and where they weren't that was all agreed upon that was distributed amongst tribal members through through mailboxes here for people to pick up none of this was in dispute these tribal resolutions were a knee-jerk reaction in my opinion to a fell who I wrote some tickets to last and he went into the council and they pass these resolutions okay whether they're valid or not is I guess I my stance is that're not and they do not they shouldn't affect me in the way I do my business to drive down an open County Road to check State Hunters on bla okay and make sure and and check for compliance right just doing lot doing my job all right so and where in I guess I'm confused why why the tribe has has me detained here is exerting their jurisdiction here I guess I question the validity of that okay well what the resolution says is tribal land trust and needed land um and that's uh it's their land is and they can enforce whatever they want to enforce on the land as a land owner in the state of Montana you fall you just can't enact your own rules whenever you feel like it over public RightWay you can't do that that's a that's against you just can't do it there's rules stop so I don't know why the council feels that they're well I can't and I can't I'm not I'm not over anybody here so I can't overrule any their decision I've heard that a lot I stand so uh but at the same time you know you got to see a lot of the frustration with a lot of what I see is a dozen illegal elk taken in an area smaller than a Township over the last 3 years and as the game warden for bla County I guess wouldn't I be derel to my duties by not addressing those matters and being present and conducting license checks and uh enforcing compliance rules working with Tom Jones Tom and I have worked really well together see he hasn't he isn't come here he's avoiding this like the plague I believe now I understand I understand where you guys are at some point in time reasons got to rise so if I want to drive down Highway 66 what would happen could be the same this that's not what I'm assuming I mean I I I I understand that maybe they got a point to proof but just that mean there's procedures in follow need permiss WR according to the your resolution permission if we're going to do this buy the book do with the resolution um it doesn't apply I'll look for see where I got I set it down somewhere I might have set up my figure when I called in on the radio so I'll look [Music] for I I really can't believe you guys are doing this know I know blows my mind I mean what you're what you're doing is not not even legit so I mean that's that a that's legal thing not for me to decide and but you realize you realize hang on and hear me out you realize that you can be held liable for this I realize it's probably going to be a court case yeah and you realize if illegal actions are taken here you could be facing charges whether your bylaw says it's okay or not that's why I'm asking if if it really has got to come to this I mean we'll we'll let you do it and we'll let you take that step and and we'll we'll take it from there it'll probably be better for all of us if it gets resolved well it' be better it'd be better for all of us right now I'm just telling you it'd be better for all of us right now if we leave with his pickup and the sheriff's in on it now he's contacted multiple Powers at be and we all sit down and we come to a big sit down and we figure out what's going on I will file a complaint against you I just want you to be aware of that civil rights and criminal that's what I just need you to understand you know where this is at where this is going so yeah I I discussed the tri Council and okay but you realize that this Wednesday I sat down TR Council told him that might come to something like this and you know all it took was a phone call so okay but but you do you do understand that the actions you're taking may very is is quite likely illegal and you may very well face criminal charges for okay well that's fine as long as you believe that I'm going to pull my vehicle up here are you okay with that yeah you're bet okay I'm going to pull my vehicle up here beside his okay and uh we're going to get his stuff that he wants to take with him into my ride that's the way this is going to shake down right now okay and then we'll inventory he will personally witness it I will witness it myself and then everything will be taken out of from there okay okay all right hey George you've got you're the vice president of the council right surely am so you're the next highest up guy here because we've had to defer to heral here on this so what's the validity of detaining me on a open public road within the state of Montana what's the authority The Authority as far as I remember I'm new to the again is uh through resolution that the former Council passed um I didn't really pay that much attention to they got it jul I just came I I discussed it at link with with both of them he but he's on the council and you said we need to talk to somebody higher up than you so that's that's what I'm doing you said you couldn't answer these questions as for somebody higher up to decide got to be resolved I I didn't tell you to go to he came to he came to me he's here I didn't come to you I came on this road here okay let there be a confusion so this is a this is a BLM numbered route of County Road in state of Montana bla County okay plenty of tribal enforcement here this is tribal deeded property in the state of Montana okay falls under State jurisdiction it's not submarginal it's not reservation what Authority do you have to enforce tribal resolutions on non-tribal members here where's that Authority come from I don't know that almost have to be a lawyer question I guess well that's what surprises me because the council are they all lawyers are they all lawyers they can create these rules and these resolutions I mean is it just I mean what's what's the deal there are they all the lawyers the guys are the former guys they that created these uh not that I know not that I know that I guess it's kind of like the a lot of the state rules and stuff too that I guess is what would you say enforced on us no we don't we don't have a say in it neither you know as voting members of the public you do the legislature in the state of Montana creates the laws you're able to vote for those representatives in the Democracy so everyone has a say so detaining me I guess I'm going to take the distance again I want to make sure this is clear that what's going on here today is illegal okay I'm and you're Tow on my pickup I disagree with it 100% And if you do it you're doing it under my protest okay I've been detained here for I don't know how long as an American citizen in the state of Montana not even as a game ORD my civil rights have been violated all morning long okay I've been detained illegally unlawfully and now you're stealing my enforcement my signed Patrol vehicle and telling me I have to go to a court that has no jurisdiction over top of non-rival members to get it back is that am I clear on this that's what's going on here if I'm wrong someone correct me like detained what do you mean by detained I'm not free to leave I haven't been free to leave all morning I've been boxed in by this gentleman Deon by your tribal fishing game director Harold Maine by Tribal Police I think Richard bushie was parked down there I and me for a while I mean I'm kind of outnumbered here luckily the BL County Sheriff's Department who has jurisdiction right here is kind enough to come down here to witness what's going on here these civil rights infractions that are happening well I think this is my personal opinion stepping out of the law enforcement role of it but my personal opinion is this is where it needs to stop um let this happen today but um the state I don't care if it's Wayne County and I you know I can't tell Glenn how to do his job obviously but um I trust him in what he'll do so this happened last fall I brought it brought to his did it come this far know it was just threat yeah yeah I remember us talking about it last fall too and we were kind of all keyed up and worried that it was going to come to something like this I said you know let this one play out and um I'm sure this is going to Rattle some cages in this in Helena you know it's going to hope so make some people upet you've got a job to do and you're how far out here you know and say for instance one of these guys just decided to you know go all out not saying they would but just saying one of them thought about it and you know my back up my your backup is I took me how long to get out of here yeah what I'm concerned I'm concerned about somebody who isn't and they can start foring rules out but even step back from that and step back to the to the Civil Rights issue you know where where does it draw the line cuz it starts here then it goes to Highway 66 then it moves to us2 and pretty soon it's not you it's um my wife driving on the road so where does it there somewhere it's we've got to have an interpretation and it's got to be handed down so this looks like a good place to step in and start it hi fellas how's it going my my question is uh you're just so you know you're on tape right now do you mind if I get a talk to you real quick okay I just was um I guess what I want to know is did they did they ask you to fill out any kind of trespass paperwork or anything like that prior to Crossing there no okay would you be willing to give your names and date of birth and contact numbers in case we need to contact you for uh possible uh witness statements or something like that okay um if you guys have any trouble would you contact uh at any point while you're out here would you just uh obviously try to resolve things peacefully but if you would just call the blame County Sheriff's Office was is some need for concern while we're out here H at the moment um going through tribal property right now where we with what's unfolding right now I just I just want to advise you to use caution okay so um I don't you know I don't think you're going to have to you know as long as cool heads and stuff Prevail I don't I think you'd be all right but but if something comes up that you're concerned or you'd like the sheriff to look into we would absolutely look into it for you so I'm going to write the number down here for it I'll give it to you no when they I drove by them and I come to the intersection they just creeped up here they hauled their tails up here to get in front of me did they go around you no who how' he get here oh he uh you see I was over there on BLM and there's when you come to this private property the road WI is right here it's just a big triangle one it's same same Trail um I took the the main road cuz you know I I don't need to take the two track cross I took the main road back the intersection come back up main County Road they haul butt across their property on a two track to get in front of me drove out on the BLM turned around drove the right middle of this CLE nice then another one come up then the other one come up and pulled up behind me then threaten to disarm me seize my vehicle and I told him that wasn't going to happen and debate has been on since I was kind of expecting them to when I told them I kind of waiting for him when I told them we know what we were taking out of that pickup I was kind of expecting them to want to seize the computer and stuff like that the way you put it was right no exception this is what's happening yeah good job you did good there because if I would have said it stay you did a good job I appreciate it thank you the M Warden sent me a text message here well more an hour ago he said you need my help and all my respons stay that looking it up stay we be behind tree sling lad is that's what you're saying just stay away for now then it is what it is we got it in a pretty comfortable situation right now so just stay away my captain came from Glasco he's here sure Reno's busting back God just and the sad part about this is there's illegal hunting going on all around me right now and there's nothing I can do about it you're next fishal game warden let's let's get after it when we're done huh well even like just you know they're so concerned that's that's the thing I've been sitting here puzzling over they're so concerned about illegal um activity but the amount of resources they've got tied up on this the amount of legal stuff illegal stuff that can be going on right now on their property oh God it flies in the face of all reason it just all right what's going on guys so what's going on over rule what's that I got over the roomle oh how come long story but we do have to se then it'll be resolved that's I'm we'll mail it to whatever mail it to my mail it to my boss to you know what mail it to the county so are you releasing me in my vehicle fre to go so can I go back to work now please wa minute I don't have to ask permission because I'm on an open Way of St here no don't know the the resolution still applies we just went to that that's all you have to do but you were just told that what what you were overruled the vehicle for season the vehicle this time for season the vehicle that's what I'm overruled on to season the vehicle not the jurisdictional issue that's why that's why you you're still who made the decision just so I know I'd like to I just for my in court I just why do I got to go to court well you know my supervisor said you know the citation will be issued to your supervisor you can take it up the court that's go ahead discuss it and try the court well the guys seem like a big waste of time I appreciate it well all right hopefully it gets resolved maybe maybe next time we're we'll need we'll need we'll need some cooperation across the table it is it's we reached out three times so far okay well guys it's been real it's been fun but it has been real fun we'll be in touch [Music]

Channel: Billings Gazette

Views: 1,128,530

Keywords: Dashboard video, Montana Fish Wildlife and Parks, Native American tribes

Id: -0QVhEdqyxI

Length: 26min 49sec (1609 seconds)

Published: Mon Mar 14 2016