Law

Five defendants change pleas in Berry Creek Rancheria dispute

Friday, December 5, 2014

An aerial view of the Berry Creek Rancheria in California. The tribal offices are in the right portion of the image. The larger structures on the left are part of the tribal gaming facility. Image from Google Maps

Five people pleaded no contest in connection with a protest at the Berry Creek Rancheria in California.

The defendants were due to go to trial on Monday for occupying the headquarters of the Tyme Maidu Tribe back in May 2013. But they changed their pleas and could have their misdemeanor convictions dismissed if they complete one year of court probation, The Chico Enterprise-Record reported.

The protest stemmed from the tribe's disenrollment policies. Of 24 people who were initially charged, 17 were tribal members and at least four of them have been removed from the rolls.

Some of the defendants tried to have the charges dismissed, arguing that the state lacked jurisdiction because the incident occurred in Indian Country. But the judge said Public Law 280 granted authority to the state.

The tribe could have prosecuted its members but lacks a court system, according to the National American Indian Court Judges Association. However, the tribe might remove more people from the rolls as punishment for those who were involved, the Enterprise-Record said.

Five of the original defendants had their charges dismissed. The state broke up the 19 remaining defendants into four groups -- three groups are set to go to trial in January and February 2015.

Get the Story:
Five change pleas in 2013 Oroville casino standoff case (The Chico Enterprise-Record 12/4)
Judge denies motion to dismiss 2013 Oroville casino standoff cases (The Chico Enterprise-Record 11/26)