RSSTribal officer due in court
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YAKIMA — A Yakama Nation tribal police officer is scheduled to appear Monday in Yakima County Superior Court following his arrest on a series of charges that occurred while he was on duty in Toppenish.
The officer is identified by county jail officials as Anthony Jesse Hernandez Jr.
Jail records show that Hernandez is being held on charges of assault, kidnapping, harassment, and robbery.
Toppenish police arrested Hernandez early Friday after they were called to Toppenish Community Hospital, where a resident reported a domestic violence assault.
According to a news release from Toppenish police, the victim told police Hernandez forced his way into a house and struck the victim in the face.
Hernandez also is alleged to have threatened to kill another person in the residence and took an undisclosed amount of money from the second person’s wallet.
The police news release did not disclose the location where the crimes occurred. Police also have declined to identify the victims, saying they wanted to protect the victims.
McFinney- "Maybe that tribal police department should be audited for service calls vs. actions by an agency that has the authority to do it"
If I am not mistaken they are a "sovereign nation" so there is no agency that has the power or jurisdiction over them. Also I think tribal officers and the tribe are immune to civil liability, but obviously not criminal charges.
Not to judge to quick and I am sure there is much more to the story, but there is an obvious retaliation motive that I hope was fully scrutinized about the "victims". The entire thing smells fishy.
ANOTHER FINE EXAMPLE OF THE YAKAMA NATION'S FINEST. IT JUST GOES TO SHOW LAW ENFORCEMENT, TRIBAL POLITICS, AND CORRUPTION GO HAND IN HAND. THEY WILL TRY COVERING UP THIS ONE TOO. ALL ONE HAS TO DO IS GO TO THE COUNTY JAIL INMATE LOOK-UP AND FIND A NAME LIKE (WHITEFOOT, CLIFFORD DALE)THAT WAS BOOKED IN TODAY AND AWAITING ARRAIGNMENT AS PROSECUTORS REVIEW THE CASE.
THROW THE BOOK AT HIM, THE TRIBE NOR ITS TRIBAL SERVANTS ARE ABOVE THE LAW. AND YES TRIBAL COUNCIL ARE SERVANTS OF THE YAKAMA NATION AS A WHOLE.
THE REASON TOPPENISH OFFICIALS WON'T RELEASE THE NAMES OR DETAILS ,IS BECAUSE THE TRIBE PROBABLY THREATENED THE CITY. SAYING TOPPENISH WILL MO LONGER RECEIVE MONEY FROM THE CASINO.
THERE SHOULD NOW BE A PERFORMANCE AUDIT DONE ON THIS OFFICER FOR EACH AND EVERY TICKET OR ARREST HE MADE. I AM NOT DEFENDING ANYONE, JUST MERELY STATING FACTS AND EVIDENCE COULD HAVE BEEN TAMPERED WITH; GIVEN THE INTEGRITY AND POOR JUDGEMENT OF THIS TROUBLED INDIVIDUAL. WAS BLOOD DRAWN TO MAKE SURE HE WASN'T UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS??
Interesting and confusing: There are TWO separate articles on this subject, the first being listed under "NEW", and a comment made on THAT article by McFinney, was omitted from this section. My comments below are also the same I made to that article and to McFinney as well, if anybody even cares. By the way, this article is reworded in such a way as to seem that the YHR is more concerned and miffed about being denied the name and info of the officer, than they are about the outrageous incident itself. My other comment:
It is my understanding the the FBI is the law enforcement agency that has the jurisdiction over tribal matters, with "arrest and hold" permission by other agencies, (Sheriff, local police, etc.) for Indians on or off the rez.
The question that was just affirmed by the State Supreme Court was that TRIBAL police had jurisdiction on their own reservation over non-members, on the same basis - arrest and hold for proper authorities, (FBI, sheriff,, State Patrol).
By the way, McFinney, Indians are Americans too. Also, several points to my understanding: While the tribes are "sovereign", they were made dependent by our government in many ways. The money they receive is the result of many treaties with our Federal Government. According to a case back in Montana or Wyoming, or someplace, our Federal Government has shafted them out of BILLIONS of dollars over the generations, that was rightfully and lawfully owed them, through crooked Bureau of Indian Affairs policies and managers. As I remember, the case was found in favor of the Indians, or at least, acknowledged by our government, and it has been a dilemma as to how to make reparations because the amount is so large, (or it ahs been ignored, I don't remember now).
Don't misunderstand me either - I am NOT one of those apologists that wants to give the country back to them. That said, our government has broken many treaties through bully tactics and otherwise disingenuous ways with the Indians over the years. In retrospect, it is a shame that we ever forced them onto reservations, (many of which we have taken back large portions in one way or another). Instead, we should have let them live in the mainstream and make their own way. I believe this policy is largely responsible for the loss of pride and culture the American Indians have suffered for generations, and have ended up as chronic "welfare" recipients, (Allotments) with not too much else to do but blow the money.
Of course, I am generalizing and certainly not all Indians are this way, but all too many are. Perhaps, if they were made to make their living in the usual way, they would have accomplished that as well as anyone else, and would have earned some pride in these accomplishments instead of the defeated and depressed victim-nations that many of them are.
As to the article, a crooked cop is the worst ever. If he is convicted, hope they put him away for a long time.
NICK
Once again your comments are racially divisive. At the same time you are maligning our government and the Indians. Why do I get the feeling if some kind of race war did break out you would be quivering in a fox hole?
You seem to want to convey that you are law enforcement but a true man of action would not be constantly throwing his opinions out all day long. I don't know what kind of books you're reading but they seem to be leaching poison. I'm not trying to hurt your feelings, just trying to get you to look at the world from a different perspective.
Oh, and yes a crooked cop is the worst ever. We're very lucky here in Yakima, we have great cops who are a whole team, working together 100%, no gigantic egos getting in the way. Our only problem is at the very top. But I guess you could really only say he is more of an administrator because I don't think he sees a lot "action". Fighting against 100% of your own men and women. What could he possibly think to accomplish? It's really quite pitiful, and I guess you could say he's actually completely out of the picture. Things seem OK with him laying on the sidelines.
Report ViolationYeah Wimpi, I have seen some YPD officers in action. Date a girl whos' former boyfreind was a Cop and you will see what "Stand-up" guys they are. There are lowlifes in every group and YPD is no exception. It's scary that some people have a badge and power over others. They sould be weeded out and the book thrown at them. As I see it nobody should be a police officer until they are 50 years of age and still have a clean record, for Yakimas old guys just do the job with no bravado, and they are the best we have by far.
Report ViolationThis story is about a "bad cop". I don't care one way or the other if he's Indian. If he "did the crime" then he needs to "do the time". As far as only having cops on the force that are 50 years or older????...come on... I dare say alot of "bad boys" would get away in a foot pursuit unless every "50" year old cop had a police dog riding shot gun with them. That would be alot of dog food for the taxpayers to pay for... Woof Woof..ha! The majority of cops are good...(young and old)... and deserve our respect.
( I don't like the term "Cop"...it just sounds disrespectful to me)....Policeman, Officer was how I was raised to speak of Law Enforcement. Anyone else feel this way?
How many "BAD BOYS" can run faster than 1100 ft per second? Also when was the last time you saw a "Police Officer" chase anybody? Radio waves are extremely fast. As for foot speed, those that train are faster than those that don't regardless of age. I know people in their 60s who can run circles around most of these young dumplings walking around this town. As for respect, I have it only for those who deserve it, and the older YPD guys bring something to the table that the young lack in many cases, "Stability".
Report ViolationHow many "BAD BOYS" can run faster than 1100 ft per second? Also when was the last time you saw a "Police Officer" chase anybody? Radio waves are extremely fast. As for foot speed, those that train are faster than those that don't regardless of age. I know people in their 60s who can run circles around most of these young dumplings walking around this town. As for respect, I have it only for those who deserve it, and the older YPD guys bring something to the table that the young lack in many cases, "Stability".
Report ViolationSorry Starman...I guess I've been watching "COPS" on t.v. for too long (early 90's)so maybe I'm out of touch with the reality of what goes on out there everyday.They sure do show alot of foot pursuits though. Cut this old lady some slack...(ha)... I understand what your saying, but I find it hard to buy into your thinking that only "old cops" bring something to the table. I'm sure there are plenty of stable younger ones also.Be safe out there...(young or old), if your a policeman reading this. Have a good weekend Starman.
Report ViolationI guess policeman does sound better. But cops is what they say on the TV shows, it's kinda sexy. They do stick together here and that's a good thing. I'm sure the police here have a tremendous amount of pressure on them that they don't elsewhere.
I do sort of wish that the job search with Mr. Granato had been allowed some privacy. Just because the men and woman under him feel that he is not the right fit for Yakima at this time certainly should not reflect on him as he contemplates continuing his career in Texas. A weapon made not be the right fit for a certain battle, but that does not decrease it's value.
I feel that I should apologize for derogatory comments I made about our Chief (since we're talking about cops) and his search in Texas and somehow I now feel that he will find the right fit there.
This cop is in jail but 'that teacher' is not.
Report ViolationWimpi, just where do you come up with anything in the slightest"racially divisive" in my comment. Read it again. If anything, I am the American Indians.
I just noted that the cops name was Martinez - is he a tribal member? Do you have to be a tribal member to be a tribal cop? Not that his mom couldn't have married an Hispanic, just curious. I thought the tribal cops had to be tribal members and the officer's name is not a typical name one would expect of a tribal member of the Yakamas. No Wimpi, I am not being racially divisive in asking this simple question.
Depending on the answer, I may have a remark afterward however, that you may feel free to criticize me for.
There are a lot of Yakama natives with Hispanic last names.
You don't have to be Yakama to be a Tribal cop. I believe you must prove your are of Native American or First Nations descendancy to quality. There are bad cops in every department. One bad cop doesn't mean the entire force is corrupt, I personally know the veterans of YIN police and they are very good officers. Nick I appreciate your comments, and they are not racial at all. I do feel though at times, this paper jumps on any chance to report about minority articles to make the minorities look bad, not all the time, but, many feel the same way.
Report ViolationNick There's really no need to act so innocent. You are basically calling the Indians "bums" or "ner-do-wells".
I mean surely you can see that in your comment. But at the same time you are saying they haven't assimilated and are addicted to welfare, you are saying that the government treated them unfairly. Anybody reading your comment is going to come away with a feeling that you have little respect for them.
Yakama Nation Police Officers and most other law enfrocement officers are protected from most civil and criminal liability as long as they are shown to be acting under the color of law. However, if their actions are found to be negligent or malicious in any manner they are open to said civil liability and/or criminal prosecution. On an individual basis, if the officer's actions are just and a civil suit is filed the department he/she works for will protect their actions.
As far as civil liability on the Yakama Reservation, it still exists, just under certain conditions. The Yakama Nation as a whole cannot be held liable but an individual can. You don't have to be native to take a native to tribal court for a civil matter.
As far as a cover up. That is the most ridiculous idea I have ever heard of. Just because there is limited information on the subject at hand does not mean a conspiracy. The Yakama Nation and police department, just like any other government agency is not, will not, and does not have to fully disclose the situation while it is under ACTIVE investigation. And in this case while criminal charges are pending.
I've known the police officer being charged (Anthony) for many years and have worked along side him. I know many facts about the situation (which I cannot disclose) and rest assured we are only seeing one side of the story. I am also familiar with the "victims" involved and can tell you the story was twisted.
No you don't have to be native to be a tribal cop. You don't have to have any amount of blood qauntum. You could be any race or color as long as you exhibit the desired skills, mind set, and physical ability that the position requires. I've known several non-indians that have and still work for the Yakama Nation and other tribal agencies.
The state supreme court has nothing to do with jurisdiction on the Yakama Reservation. Congress has everything to do with it. The Yakama Nation is considered a "ward of the government" just like any other federally recognized tribe.
Yes the FBI does have jurisdiction on the reservation or any other federal lands. But, the Yakama Nation has their own police department which consists of the Patrol Division, Fish and Wildlife Division, Corrections Division, Criminal Investigations Division, Communications Division, and Gate Guards (for the closed area).
Anything misdemeanor and below is handled by the tribe itself. Serious crimes are under the jurisdiction of the government. All this according to the Major Crimes Act and sections pertaining to crimes in indian country.
Scenario: A native man and women get into an arguement, the man beats her so bad her face is disfigured. The crime is a felony. According to congress the tribe cannot try, convict, or sentence the man to more than 364 days in jail. Therefore, the CID would gather all information and submit the case report to the Assistant United States Attorney (Yakima) for review.
The Feds would accept the case and the man would be tried in Federal Court and if convicted sent to a Federal Holding Facility where he would be required to serve 80% of his sentence before becoming eligable for parole. That is a indian on indian crime.
An indian suspect and non-indian victim would still rest with the tribe or U.S. Government. A non-indian suspect and indian victim would still fall under the government but would most likely be handled by the city or county where the crime occurred. I know I probably rambled a little bit, but hope I set things clear for those who did not understand how criminal jurisdiction in "indian country" (government term) exists.
All this is possible because Washington State is a PL280 (Public Law) state. The state retains criminal jurisdiction but conceded civil jurisdiction.
thinblueline Just making a comment on your name and because it's about police. There's a woman's organization with your user name making a lot of unproven charges against our now deceased officer Rummel. They have an entire page devoted to made up stuff. Something tells me Brownsfield's city shrink was associated with this outfit. She had a ton of ethics stuff against her license.
Report ViolationCorrection It's not exactly your name, but it is really terrible, an entire page of made up stuff
Report ViolationThanks, Thin, for clarifying a lot of questions and misconceptions regarding the jurisdictional process and application of law on the rez.
Wimpi, I am defending the American Indians from many injustices done them by our government. AT the same time, I am simply stating what I have heard from Indian friends, their own theories regarding the reservations and the ultimate harm they have caused their culture. You are so wrapped up in your weird little world that I truly don't think you can see beyond your conspiracy paranoia. I feel sorry for you that you can't seem to find a happy equilibrium in this society.
Times are changing. The Yakima "good ole" boy arena knows this. But mostly their children who'll inherit their crimes. One of the points that should be questioned is do those tribal police officers go under the same scrutiny as regular police officers? Psychiatric and polygraph testing. I get frustrated whey an entitlement organization, i.e. a tribal government, uses its "sovereignty" as a shield when others have to pay the price. If they receive ONE RED CENT from taxpayers then they need to undergo the same scrutiny and availability that the state or any other government would undergo. I agree that this newspaper does report on minority issues with a STRONG bias. But at the same time what's good for one is good for ALL! If not, then stop taking taxpayer money and truly be sovereign if they're so right. STOP PLAYING THE VICTIMIZATION CARD AND FACE YOUR RESPONSIBILITIES! Tribes: you can't hide forever. Enjoy it while it lasts this last few years. Ha!
Report ViolationIf he's guilty, yes, throw the book. But do the same for any other dirty cop, of any race, of any agency. Do the same for the white collar criminals that stole millions and do the same for all of the corrupt politicians. But remember, they are entitled to a fair trial and a presumption of innocence until proven guilty. There seems to be a little bit of "Ha! I knew all you Injuns were that way and now we git to see one of ya FRY!! woohoo" in the tone of some posts here. Do we really need that? How the heck do we know that the tribal officer isn't the one being framed and that the Toppenish cops who arrested him are any better -- all the while their infamous mayor throws tantrums at the idea that tribal members are exempt from paying retail sales tax or that people think his town is overrun with Norteno and Sureno gang bangers. Yes, there is surely much more to this story and most of us will never be privy to all of it.
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