| Police Cross Boundaries To Keep the Peace
Omaha Nation and Walthill police join forces. |
If police officers see people break
the law but cannot arrest them, change is needed.
For years in the small, high-crime towns of Walthill and Macy,
NE, tension has simmered over how the Omaha Tribe police and
the Walthill police can maintain order with Native and non-Native
populations. The circumstances are more complicated today because
Walthill, population 903, has shifted from a predominantly
white village to a predominantly Native one.
Some of the tension started to dissipate in April when a cross-deputization
agreement gave both the Walthill police and Omaha Tribe police
the authority to arrest Natives and non-Natives alike in the
village of Walthill. Before the agreement, which took place
with the help of Weed and Seed, Walthill police could not arrest
tribal members, and Omaha Tribe police could not arrest non-Native
individuals.
"It's what we need," said Edward Tyndall,
Chief of Police of the Omaha Nation Law Enforcement Services. "It's
greatly increased the quality of life in Walthill."
Tyndall notes, however, that much more is needed. He and his
officers would like the authority to arrest non-Native people
on the reservation, which includes Macy. Crimes committed by
a non-Indian against an Indian are not within the tribe's
authority, but when Tyndall calls the county,
the officers there say they don't have jurisdiction either.
Generally, federally recognized tribes retain jurisdiction
over crimes committed by Indians in Indian Country, regardless
of the victim's tribal affiliation. Crimes committed
by a non-Indian against an Indian in Indian Country are under
federal jurisdiction. States have jurisdiction over crimes
committed by non-Indians against non-Indians in Indian Country.
Another agreement, signed in June, that may help with this
gray area bestows full authority on Tyndall's officers
to arrest and file charges regardless of whether the crime
was state or federal in jurisdiction. After receiving specialized
training, the police are functioning as deputy federal officers
under the U.S. Department of the Interior's Bureau of
Indian Affairs. "It's a substantial step in the
right direction," Tyndall said.
Prosecutorial jurisdiction has not been changed. Violations
of tribal law by Natives are still prosecuted in tribal court,
and violations of state law by non-Natives are processed in
state court. Any crime of a non-Indian against an Indian is
considered a federal crime, but the U.S. Attorney's Office
does not have the funds to prosecute such crimes, Tyndall said.
Although the cross-deputization agreement has been in effect
for only a short time and only some of the officers have received
the appropriate training, Tyndall said the vandalism rate has
dropped, curfew violations are down, and police response times
are quicker.
Despite some concerns, the reaction from residents so far
has been pretty positive, according to Weed and Seed staff. Deana
Swenson, the Weed and Seed Assistant Site Coordinator, is excited
to be working on the problem, especially since she helped get
the police to take steps to work together. "We were the
ones who were pulling them to the table," Swenson said. "We
made them talk."
A new police logo that will represent both departments is
being designed, Swenson said, but for now the Walthill police
have Walthill Police on one arm and Omaha Nation Police on
the other. For more information, contact: Deana
Swenson
Weed and Seed Assistant Site Coordinator/Community and Youth
Outreach Worker
Omaha Nation and Winnebago Tribe, Village of Walthill, and the
Greater Thurston County Area, NE
|
