Wind River Reservation Police
Ó Carl Reddick

Two million, two hundred and sixty-eight thousand, one hundred and one acres.  A land mass greater than the states of Delaware, Maryland, and Rhode Island...combined. The flight to the Wind River Indian Reservation was an adventure in itself. The only direct service was in an 8 passenger propeller airplane leaving the Denver airport once a day. We had been invited to conduct Domestic Violence training for the tribal police and the three day adventure was kicked off by 20 degrees temperatures and powder blue skies.

The Arapaho and Shoshone warriors and their families were forced onto this piece of real estate in 1863 by terms of the Fort Badger treaty drawn up by the government of the United States. The land we were flying over is very much a sovereign nation located within the boundaries of the United States. This is an area on the eastern slopes of the Rocky mountains, an area acclaimed for its pristine rivers and streams, snow capped mountains, and accessibility to Yellowstone National Park. The Indian cemetery is the final resting place of Sacagawea, the daughter of a Shoshone chief who served as a guide and interpreter on the Lewis and Clark expedition. The landing strip was covered with snow. The passenger area of the small airport sported stuffed bobcats, mountain goats, elk, and various bearskins.

Don Chapin, program coordinator of Cross Roads in Newport, Oregon and I had been recruited to discuss the ‘Full Faith and Credit’ provisions of the Violence Against Women Act (VAWA), as well as  defensive wounds, the belief systems of batterers, and the curriculum of our recently developed Batterers Intervention Program. Simply stated, ‘Full faith and credit’ means that any protection order or restraining order issued by any State or Indian Tribe shall be enforced equally by any other State or Indian Tribe.(18 U.S.C. pp2265)  This means that when a woman is attempting to move or flee her batterer the new jurisdiction must respect and enforce the order from the originating jurisdiction. In this way the victim does not have to repeat the courtroom process that attempts to assist in her safety. This allows the restraining orders follow the victims wherever they choose to live.

We were graciously received by the women of the Turtle Shelter and Wyoming’s state coalition on domestic violence. Nan Craft and Debbie DeLorme operate the shelter for victims of domestic violence and sexual assault and provide education,  transportation, and advocacy in addition to housing.  They expressed some concern to us that local law enforcement was struggling with the concept and ‘enforce-ability’  of court orders originating from tribal courts and  non-reservation jurisdictions. In other words, their concern was that ‘full faith and credit’ was not fully understood and was unevenly enforced both on and off the reservation.

On the first day of training the tribal police department entered the training room wearing their uniforms. This contrasted with their traditional native hairstyles of headbands and braids. Also present were representatives from The Wyoming Coalition Rural Project, headed by Regina Dodson. An elder prayed in the Arapaho language and there was a purification ceremony which involved the lighting of a  ‘smudge’ which perfumed the room with smoke. I felt very much as though I was in the presence of an ancient culture on foreign soil which, in fact, I was.

Much of the training was a review of the difference between simple assault and domestic violence and abuse. We reviewed emotional, financial, sexual, and other types of abuse which typically precede assaultive behavior in domestic situations. The participants told many stories of situations where Native women had returned to the Wind River reservation to escape a dangerous situation only to find that the perpetrator had followed them back to Wyoming. Our task was to make it crystal clear to the participants that the restraining orders these women brought into the tribal courts and police departments were equally valid in this new jurisdiction as well.

Of course the originating court must have had personal jurisdiction over the parties and subject matter jurisdiction over the case. Equally important, the respondent must have had notice and an opportunity to be heard (18 U.S.C. pp2265(b)). Once these conditions have been met the abuser can be punished under the laws of the jurisdiction where the violation occurred and may also be charged with certain federal crimes. This means that if the abuser violates the conditions of the restraining or no-contact order they can be arrested, prosecuted, and sentenced under the laws of the enforcing jurisdiction. This allows the restraining order to act as a passport to safety for those victims who choose a geographical escape from an intolerable domestic situation.

We stressed that the survivor of abuse should carry a certified copy of the restraining order and file a second copy with the local court and/or police agency. Responding officers should enforce the order if it contains the names of both parties; has not expired; contains specific terms and conditions or non-contact provisions; carries the name of the issuing court; and is correctly signed. This can be cross checked through NCIC and the police can proceed as though it was issued locally. Partnering with parole and probation officers offers an opportunity to add this information to supervision cases that may be transferred into the new area and provide improved methods for community protection.

Although most tribes do not have jurisdiction over non-Indians, tribal police departments do have the authority to stop, detain, and transport non-Indians to state or federal authorities who have criminal jurisdiction over non-Indian crimes. And therein lies the rub. The transport logistics on the Wind River reservation are enormous. The coordination of both community and law enforcement resources must be very strong. Where, exactly, does a tribal police officer take the batterer when honoring a court order from a ‘foreign’ jurisdiction?  Is the receiving jail or police department aware of the VAWA requirements?  Is there good communication between police agencies and, indeed, between courts?  These are issues many jurisdictions are struggling with but they take on a different flavor when they cross cultural and racial boundaries.

Of particular interest to this group was the information that relief granted by the issuing jurisdiction must be enforced even if such relief is unavailable under the laws of the enforcing jurisdiction. The implications of this provision are sweeping in their scope and were intentionally crafted to provide the broadest possible protection for victims of domestic and sexual violence. The federal implication alone, especially for women from native populations that have access to an Indian reservation often perceived as a safe refuge, are very interesting. Interstate travel to commit domestic violence is now a federal crime. (18 U.S.C. pp2261) Interstate stalking is now a federal crime. (18 U.S.C. pp2261a)  Interstate violation of a protection or restraining order is now a federal crime. (18 U.S.C. pp2262)   And even possession of ammunition or a firearm becomes a federal offense when there is a valid protection or restraining order. (U.S.C. pp922(g)(8)). This is of particular consequence in Wyoming and most western and rural areas. I did tell you about all the stuffed animals at the airport, didn’t I ?

The tribal police officers were very respectful and very conscious that these types of legislation have implications on their day to day work, especially in an area where domestic violence has become a primary focus of community policing.  This is a complex and controversial subject. We didn’t have time to expand the training to include issues surrounding immigrant survivors of domestic violence,  same sex domestic violence, uniform child custody acts, the Indian child welfare act, or the parental kidnapping prevention act.

There are all types of law enforcement and all types of ways to ‘register’ a restraining order with either a local court or a local police agency. Captain Makeshine and his Wind River Police Department struck us as professional, engaged, and willing to explore ways to help forge a coordinated community response to an extremely serious problem. More and more it occurs to me that ‘the field’ of Community Corrections intersects with all citizens and all law enforcement. This is a complex field and an exciting era. Respecting the rights of everyone we deal with, both victim and perpetrator reminds me of a sign in the break room of a State Parole office in California. It read “We treat people on the street like ladies and gentlemen not because they are, but because we are.”   See you next issue.