Tribal leader wants DUI charges dropped
GREAT FALLS (AP) — A Blackfeet tribal leader and state senator accused of fleeing an officer during a drunken-driving stop has asked a judge to dismiss misdemeanor charges filed by federal prosecutors.
The U.S. government lacks the jurisdiction to prosecute Sen. Shannon Augare, a Browning Democrat who also is a Blackfeet Tribal Business Council member, tribal attorney Joe McKay said in a court filing Friday.
The tribe has its own law and order code that includes regulations for criminal conduct and traffic control, and it is responsible for prosecuting victimless misdemeanor offenses by tribal members on the reservation, McKay’s motion to dismiss said.
“Indian tribes have long been recognized as having inherent authority to exercise criminal jurisdiction over all Indians,” McKay wrote. “The exercise of federal jurisdiction in this case is an unnecessary invasion of Tribal sovereignty and may potentially result in the complete evisceration of tribal criminal jurisdictional authority.”
A Glacier County sheriff’s deputy pulled Augare over for erratic driving on May 26.
Augare, who had his mother in the pickup truck, ignored the deputy’s order to turn off the engine and sped away when the deputy reached in to take his keys, prosecutors said.
The traffic stop happened on U.S. Highway 2 within the Blackfeet reservation, where generally only tribal law enforcement officers can ticket or arrest an enrolled tribal member for drunken driving.
Rather than pursue Augare, the sheriff’s office turned the matter over to tribal law enforcement.
After three weeks without any decision on whether to press charges, tribal prosecutors turned the case over to the U.S. attorney’s office. Federal prosecutors charged Augare with DUI, reckless driving and obstructing a peace officer.
Prosecutors are pursuing charges under the federal Assimilated Crimes Act, which allows them to apply state laws to offenses committed in Indian country that are not specifically addressed in federal law.
Augare has pleaded not guilty to the charges.
McKay did not discuss the allegations, focusing his filing on the argument that the tribe retains the right to bring any possible charges against Augare.
U.S. Magistrate Judge Keith Strong did not make an immediate ruling on Augare’s request.