Tulalip Tribal memebers have charges dropped in their crab poaching case...

Wow, what a joke.

In reading the Pierce County memo it appears that there is likely no reason to ever arrest a Tribal member as undocumented permission to to whatever is always a viable defense.

Only $4,000 in tribal contributions. About $700 from other tribal rmployees.

https://www.pdc.wa.gov/browse/campaign-e...ction_year=2018

Funny, the tribe makes it sound that there was nothing illegal about what they did, but then points out that they were severely punished for ???? Perhaps the fact that they were, as the department claims, "observed poaching for some time." But, this one time, they were allowed to do what they did. Really?


Just a quick observation from me, is that there was no prosecution of the buyer. That is likely where the real cover up is. Without this one documented selling, then it appears the buyer walks away with no penalty. My guess is that getting caught was the real problem, not what they did. From my little understanding of Tribal politics, my guess is that the buyer is better connected than the buyer. This is the statement that is key "The documents reveal that Hatch sold the crab to Puget Sound Seafood in Tacoma for $1,222.72 and the buyer, Hai Ly, admitted in an interview with police that he was aware the seafood was illegal. He said he was under pressure by his bosses, Kirby Manzanares and Anthony Paul, who is also a member of the Tulalip Tribes"

Untouchable! Disgraceful to all involved. Criminal!

There was a case a few threads ago where the Tribal violator was cited to State Court, with what seemed the specific Tribe's concurrence. Wonder if that means that, at least in some cases, they recognize that the violator will not be prosecuted by the Tribe so they let the state do it.

Any chance a group could organize some kind of civil suite against them for theft/destruction of a public resource?

So if I have motor issues and miss the chinook opener next summer, can I just pick another day?

That's the trouble with having a sovereign nation within a nation, and the nations laws getting broke. Get used to it folks it's going to get worse before it gets better. Especially with the sovereign nations $$$ padding the pockets of our elected officials political campaigns. They are involved more than ever.

Oh, it gets better:

PRESS RELEASE

FOR IMMEDIATE RELEASE CONTACT: Gabriel Galanda
October 31, 2018 PHONE: (206) 300-7801
EMAIL: gabe@galandabroadman.com

AS STATE FISH & WILDLIFE ACCUSES PIERCE CO. PROSECUTOR OF ACCEPTING TRIBAL BRIBES, TULALIP FISHERMEN FILE FEDERAL CIVIL RIGHTS SUIT AGAINST THE DEPARTMENT’S DIRECTOR AND OFFICERS

Over Last 48 Hours, State-Tribal Treaty Fishing Rights Tensions Rise With Lawsuit, and King 5 Story Regarding DFW Agent Accusations Against Local Prosecutor and Tribes

Seattle, WA – On Monday, two Tulalip Indian fisherman and their spouses filed a federal civil rights lawsuit in King County Superior Court against the Washington State Department of Fish and Wildlife (DFW) and thirteen of its officers and agents, including DFW’s immediate past and current Directors, alleging that since 2015, they “have levied a full-fledged assault against Plaintiffs under the guise of a ‘criminal investigation,’ when in fact Defendants' intent was, and remains, to attack Indian Treaty fishing and destroy intra-tribal and inter-tribal Treaty fish distribution and commerce.”

In a story you might only expect to witness in cinema, Tulalip Plaintiffs Hazen Shopbell and Anthony Paul detail a racially driven state scheme of “epic and unbelievable proportion,” including DFW’s:

• “Forum shopping to five courts for issuance of at least thirty-two search warrants against Plaintiffs and their family members, bankers, accountants, and tax preparers….

• The search of Plaintiffs’ persons on the day of a lucrative crab fishing opener, and of Plaintiffs’ homes in the presence of their young children;

• A referral to Washington State Child Protective Services based on knowingly false information that Plaintiffs’ children were in danger;

• The destruction, and loss, of Plaintiffs’ personal belongings, which is corroborated by Defendant Wendy Willette’s commingling of Plaintiffs’ seized computer hard-drive with methamphetamine 'crystals' and 'powder' that Defendants had seized as drug evidence in a case unrelated to Plaintiffs; and

• The referral of purported state criminal charges to five state prosecuting attorney offices and the filing of two sets of charges, one of which resulted in a prosecutorial dismissal that Defendants claim was ‘politically 
motivated’ and obtained because ‘the Tulalip Tribe paid . . . the Pierce County Prosecuting Attorney’s Office, or funds them in some way.’”

Complaint, at 3.

DFW agent recklessness and incompetence underpins the allegations in Plaintiffs’ 24-page lawsuit.

Yesterday, King 5 published a story regarding the Pierce County Prosecutor’s dismissal of the criminal charges against Plaintiffs.

The story includes the Prosecutor’s Dismissal Memo, revealing that DFW withheld information from the Prosecutor when meeting with his office and referring those charges for filing in Pierce County:

"At this meeting we learned additional information, that was not provided to us prior to considering this case....In addition, we learned all defendants have a viable defense that we were not told about....This would be a complete defense in the case."

As a result, the Pierce County Superior Court dismissed those charges at the request of the Prosecutor, on July 23, 2018.

King 5 also published an email from DFW agent Erik Olson to the Pierce County Prosecutor, alleging that the dismissal instead resulted from “the fact that both the Tulalip Tribe and the Puyallup Tribe are financial contributors to Pierce County Prosecutor Mark Lindquist’s re-election campaign” and “[t]he Tulalip tribe has also contributed hundreds of thousands of dollars over the last few years to the Democratic Party, which Prosecutor Lindquist has declared to be a member of.”

Agent Olson is a named defendant in the Tulalip Plaintiffs’ new federal civil rights lawsuit. The case is set for trial in King County on October 28, 2019.

Editor's Note: Plaintiff's civil rights Complaint and the Pierce County Superior Court's dismissal Order are attached.

###


Gabriel S. Galanda 

Attorney at Law 

Galanda Broadman, PLLC
o: 206.557.7509
d: 206.300.7801

gabe@galandabroadman.com

Oct 28, 2019?

J F C... can you imagine how much the blood-sucking attorneys will bill out in a year's time?

From the Superior Court clerk's filing of the complaint, plaintiff claims:

" Defendants have levied a full-fledged assault against the Plaintiffs under the guise of a "criminal investigation,", when in fact Defendants' intent was, and remains, to attack Indian Treaty fishing and destroy intra-tribal and inter-tribal Treaty fish distribution and commerce."

Yet, KING5 reports:
" In 2015 Mr. Hatch's case was adjudicated through the Tulalip Tribes Court, which has broad criminal jurisdiction, and where he pled guilty to nine counts of criminal conduct. Mr. Hatch did not receive a mere 'slap on the wrist' for violating Tulalip law. Rather, he lost his boat, his vehicle, and his job. His shellfishing rights were and remain revoked, and he continues to pay off substantial fines."


So will this wind up being about sovereignty, double jeopardy, conspiracy, the MOU later signed by WDFW?... I guess we'll we'll find out in 1-4 years.

yeah Doc, a lotta hours.

This could get really, really ugly depending on how deep the excavators go.

The case does not appear to have any merit. So, I guess we will see the state reach an out of court agreement, the details which will be sealed, in which they pay off the defendants and agree to never investigate any tribal actions.

Gets better....It appears that the court that issued at least one of these racist search warrants.... was the Tulalip Tribal Court. "On June 13, 2016, WDFW officers executed a Tulalip Tribal Court search warrant at the residence of Hazen Shopbell, located at 21st Ave NW, Tulalip, WA.' Mr. Shopbell is a Tulalip Tribal member. This was from a search warrant issued several years ago, so it is apparent that the plaintiffs were being investigated, with help from the tribe, for quite some time.

Pure insanity. Yet another reason to legalize casino's in our state. They have too much power. Let's all remember Washington is the ONLY state in the country where tribal casino's don't share profit with the state.

You can thank the $$$ flowing into State politics and specifically former Gov. Christine Gregoire for that!

I thought that the father and son in question also stole an outboard engine off of a boat beached on the night that they were under close scrutiny. They were charged with theft in relation to that, what happened to those charges? It's bad enough that they stole from ALL of us, but now personal theft of an individuals property makes them even bigger scumbags. I'll be asking the new director at one of the open houses how they justify an agreement with the tribes that hinders meaningful enforcement of laws we ALL are bound by. I suggest that Pierce Cty. residents flood the
prosecutor 's office with questions as to why you should vote for a lazy P.O.S. like him? Bob R

I've posted on this before...…..the voters, in 1970, had a chance to legalize gambling in this State...….do gooder's got on the band wagon, major campaigns to stop the attempt to "legalize any form of gambling"....THEY WON !!!!!!

Pull tabs, punch boards, pin ball machines, card rooms, after the election were illegal in this State...…

I can remember 10 of thousands of people flying, driving to Reno and Vegas, just to get their fix for gambling.

Tribes waited some time, then made the push...…..that's where we are!!!!

Now so much tribal money funds different elections......it would be tough to change......


Tribes have been on a roll since the 1970's....Bolt Decision, Gambling, selling booze, selling tobacco, selling gas probably more......It either "go with the flow or move to another state"


I'd like to go back to the late 60's....loved pin ball machines, punch boards, and pull tabs