$f The flag of the Northern Cheyenne Tribe. Photo: Northern Cheyenne Tribe
Council requests removal of BIA police officer Jose Valdez
By Clara CaufieldNative Sun News Correspondent LAME DEER, Mont. –– Citing a “compelling responsibility to protect the general welfare of the Tribe through the possible exclusion of harmful elements of law enforcement," on February 16th, 2015 the Northern Cheyenne Tribal Council formally requested the immediate suspension and/or transfer Jose Valdez, BIA Law Enforcement Officer from the Northern Cheyenne Reservation. Under tribal council procedures, that resolution was approved by the Tribal President early in March 2015, paving the way for BIA approval and final implementation. Tracy Robinson, Ashland District, introduced Resolution DOI-053. He said that in addition to complaints of excessive force, abuses of authority and criminal behavior filed against Valdez by Northern Cheyenne Tribal members, he learned of other instances of this type of behavior by this federal officer. “I received a phone call about this officer from Wind River,” Robinson said. At the Wind River Reservation in Wyoming, Valdez used lethal force when he shot Owen John Brown, a young tribal member and Iraq Veteran in December 2013 during the course of an arrest. This story was covered by Wyoming media and on Internet blogs. As a result of that incident, Valdez was transferred to the Northern Cheyenne Reservation in what Robinson found out was a long pattern of transfers for this officer. “Knowing that, I couldn’t face myself if something similar happened at Northern Cheyenne,” he explained. “Our local law enforcement heads, Donovan Wind, Chief of Police and LT. Randy Elliott weren’t too happy with me, but that’s okay. The welfare of our tribal members comes first.” The resolution was passed by 9-1, Eloise Snow, Busby District casting the sole dissenting vote. According to Robinson, Snow explained that members of her family are involved in law enforcement which makes her generally confident that officers are adequately and professionally trained.
Delores Runsclosetolodge Shoulderblade, mother of Anthony Shoulderblade, points to bullet hole from BIA police shooting. Photo by Clara Caufield
In addition to the Wyoming episode, Officer Valdez’s overall conduct and the use of excessive and lethal force has been the subject of stories in the Native Sun News and A Cheyenne Voice, a Northern Cheyenne based newspaper. A December 17th Native Sun News story titled “Hot Pursuit - Police chase wrong suspect” detailed the victim and families views about shots which Valdez fired at Anthony Shoulderbalde, Northern Cheyenne while attempting an arrest. An earlier story detailed family and community comments about a young Cheyenne man who was brutally and publicly beaten in Lame Deer by Valdez while being arrested for intoxication, an incident captured on videotape and cell phones. Formal written complaints about both incidents were filed by the families with the BIA/Office of Justice Services, the immediate victims fearing retaliation. In the case of the beating for intoxication, investigators sent a letter to the victim’s family which determined there was no wrong-doing by the officer. In the Shoulderblade case, the family says they have not received a formal response. Delores Runsclosetolodge Shoulderblade, Oglala Sioux and mother of Anthony Shoulderblade was one of the tribal members who contacted Robinson about Valdez. She was pleased to learn about the Tribal Council action regarding that officer. Yet, she is still pursuing legal representation to obtain damages and disciplinary action against Valdez. “I’m not going to let it go,” she said. “What he did was horribly wrong and he should be made accountable for his actions.” She also prepared the following statement: “I’m just so lucky to have my son with us to celebrate his 28th birthday on March 4. Knowing I could have buried him a few months ago at the hands of Officer Valdez sends shivers down my spine. I don’t know what in the hell Valdez thought when he shot at, but missed, my son. That fateful night in Busby they (Valdez and another BIA officer) took it upon themselves to be judge and jury, sentencing Anthony to death by shooting him. Our kids are not bad, but maybe sometimes make bad choices. That does not justify them being harmed or killed by the law. In the end, there is a higher power watching over our children and justice will prevail. I thank the council for their action but hope this officer will not be just transferred to another reservation where he can continue to target and shoot young Indian men.” Under the Cheyenne constitution, a tribal resolution which has been passed by the Tribal Council and approved by the Tribal President is forwarded to the BIA for review and approval before taking effect. The BIA can disapprove resolutions which would conflict with federal or tribal law or policy, but does not generally disapprove other tribal council decisions. This process normally takes ten days. As of press time, the BIA had not completed this step and BIA Law Enforcement officials, including those at Northern Cheyenne follow a strict policy of no comment to the press on such matters. Law enforcement on the Northern Cheyenne Reservation is under the exclusive authority of the BIA/Office of Justice Services (OJS) limiting the Tribal Council to an advisory role. However, in the past, federal agencies have honored tribal requests for the transfer of federal employees when the Tribal Council passes such a resolution. Due to difficulties associated with the termination of federal employees, the standard solution is to transfer such employees to a different reservation, if not promotion. At this time, it has not been possible to determine what action the BIA/OJS will take in response to Resolution DOI-053 passed by the Northern Cheyenne Tribal Council. (Clara Caufield can be reached at acheyennevoice@gmail.com) Copyright permission Native Sun News
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