Appeals court reopens Wyoming border town murder case

Wednesday, March 26, 2008  

A federal appeals court is giving a Wyoming man another chance to challenge his conviction for the murder of his infant daughter.

Andrew John Yellowbear Jr., a member of the Northern Arapaho Tribe, was found guilty in state court for the murder of Marcela Hope Yellowbear, who was 22 months old at the time of her death in July 2004. The crime took place in Riverton, a town within the original borders of the Wind River Reservation.

Yellowbear sought to move the case to federal court, arguing that Riverton is still Indian Country. He was supported by the Northern Arapaho Tribe and the Eastern Shoshone Tribe, though tribal leaders condemned his actions.

"Marcella's parents were long time meth abusers," Arapaho Chairman Richard Brannan said in testimony last March to the Senate Indian Affairs Committee.

But a federal judge refused to interfere in the case. Judge Clarence Brimmer said he would wait until the state courts resolved the issue of jurisdiction.

The Wyoming Supreme Court in January finally ruled that Riverton is no longer part of the reservation, citing an act of Congress that opened the land to non-Indians.

The 10th Circuit Court of Appeals, however, said Brimmer prematurely dismissed Yellowbear's Indian Country argument. In a unanimous decision filed on Friday, the court gave Yellowbear another shot at presenting his case.

"The issue of whether the state court properly exercised jurisdiction over Mr. Yellowbear is an important federal constitutional question which Mr. Yellowbear has diligently endeavored to bring before the federal court," Judge Stephanie Kulp Seymour wrote in the seven-page decision.

State officials contend that the issue has been already been settled, at least in the state judicial system. The January decision was the fourth to address whether the Wind River Reservation has been diminished.

The federal courts have ruled in similar cases affecting tribes across the country. The U.S. Supreme Court has said that Congressional intent, as well as historical factors, must be considered to determine whether a reservation has been diminished.

Historical factors include whether non-Indians actually moved to the area that was opened to settlement. Riverton's current population is 86 percent non-Indian. The state also provides municipal services to the town.

If Yellowbear convinces a Judge Brimmer that Riverton is still part of the reservation, he would face prosecution in the federal courts. He was sentenced in state court to life without the chance of parole.

Marcella's mother, Macalia Blackburn, who is also Arapaho, pleaded guilty to being an accessory to second-degree murder and was sentenced to 60 years in prison.

Federal Court Decision:
Yellowbear v. Wyoming (March 21, 2008)

State Court Decision:
Yellowbear v. Wyoming (January 14, 2005)