Casino Gamblers Warned - Sheriff Can't Guarantee Safety

...gamblers headed to the Red Wind Casino might want to think twice about having to deal with the current tribal justice system. For instance, if a member is convicted of dealing drugs, rape or murder, the maximum they'll serve is one year in jail.

"We've had serious cases; child molestation, child rape, those type of things,
where the tribe has chosen to impose their rules on the defendant and basically give him a slap on the hand.
Had they notified us and we could have done the investigation, those people would be held accountable.”

“It's a revolving door, which is very sad. Once again, bottom line is the victim.
There are a lot of victims there. A lot of civil rights violations.
Nothings been done about it. People have given up.
That's sad because native people are proud people.”

Gamblers Warned About Justice on Reservation
Chris Halsne
KIRO 7 Eyewitness News Investigative Reporter

May 4, 2006

The Thurston County Sheriff says he can no longer guarantee your personal safety the next time you travel to one of this state's hottest Indian casinos.

The Red Wind Casino sits between Tacoma and Olympia and is run by the Nisqually Indian Tribe. They boast nearly 1.5 million gambling visitors a year.

The law enforcement warning comes on the heels of an exclusive KIRO Team 7 Investigation into that tribe's police department.

The Nisqually reservation is a sovereign nation. The tribe has its own government and police force, but the administration of justice is a bit different.

For instance, if a member is convicted of dealing drugs, rape or murder, the maximum they'll serve is one year in jail.

Washington state courts also have jurisdiction over those crimes, but sometimes what happens on the reservation, stays on the reservation.

Gregory Horn just might be the luckiest drug peddler alive.“We had pot inside the spare tires; all chained together,” he said.

In November, he was caught by the Nisqually Indian Nation Tribal Police on their land with a huge illegal stash.Former Nisqually Police Officer Barry Hagmann saw the evidence.

“I can tell you there were a lot of drugs that came out of that van, four to five pounds of marijuana, two to three pounds of meth. That's just what they found,” Hagmann said. Horn says he just knew he was headed to prison. “When they found that, I went totally cold sweats, sweating big time. I was so scared, man.”

Then came a hard-to-understand surprise, not just for Horn, but for justice itself.

“At that point they uncuffed me and let me go; told me to get the hell out of there,” Horn said. Horn hit the road back to California, where we found him still smirking from his good fortune.

His freedom is something that infuriates Thurston County Sheriff Gary Edwards, who didn't even hear about the drug bust for weeks. “He gets a free pass? The gun, the dope, the money; I don't know where that's all ended up,” Edwards said.

Horn's case has widened a dangerous rift between tribal and county police. Sheriff Edwards tells KIRO Team 7 Investigators the Nisqually Nation has been intentionally withholding a growing number of major crimes that occur on the reservation.

"We've had serious cases; child molestation, child rape, those type of things, where the tribe has chosen to impose their rules on the defendant and basically give him a slap on the hand. Had they notified us and we could have done the investigation, those people would be held accountable. ”

To double-check how often such criminal cases find their way into the Nisqually Tribal court and not the state courts, KIRO Team 7 Investigators asked for access to Nisqually Court records. The tribe repeatedly said no.

Edwards says his office has had similar problems and adds that gamblers headed to the Red Wind Casino might want to think twice about having to deal with the current tribal justice system. “I guess you're OK if nothing happens. That's the key. If something adverse happens to you, you might be out on a limb,” Edwards said.

Hagmann says tribal officers used to call county deputies to help with felony crimes committed on the reservation and always to deal with non-natives. He says that cooperation is now in shambles due to tribal "politics."

“It's a revolving door, which is very sad. Once again, bottom line is the victim. There are a lot of victims there. A lot of civil rights violations. Nothings been done about it. People have given up. That's sad because native people are proud people.”

Hagmann says he was terminated, along with another officer recently, for drawing attention to the issues brought to light in a memo. It was written by the Nisqually Indian Tribal Prosecutor earlier this year and says: "Tribal police should handle all matters," and "There does not seem to be any requirement that the tribal police proactively contact the county regarding any crime on the reservation."

And that’s something that drug dealers like Gregory Horn are glad to exploit any day of the week.KIRO Team 7 Investigators called other tribal police agencies in Snohomish, Yakima, and Thurston Counties: All have policies requiring officers to immediately contact either the FBI or the local sheriff's department for major crimes.

Over the past month, KIRO Team 7 Investigators have made repeated attempts to get an official response from the Nisqually Tribe. Finally Wednesday, an e-mail came. It says in part "The Tribe will continue to call the Thurston County Sheriff's for assistance where appropriate."

"These outside agencies regularly fail to make use of their authority to concurrently investigate and prosecute." And, "While no law enforcement officer or deputy is immune to error, the Nisqually Police Department consistently performs at a high level of professionalism." KIRO Team 7 Investigators did call tribal police in Snohomish, Yakima, and Thurston Counties: all require officers to immediately contact either the FBI or the local sheriff's department for major crimes.

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