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Apologetic tribal leader wants some charges dismissed

by The Associated Press
| October 31, 2013 6:00 AM

BROWNING — A state senator and Blackfeet tribal council member plans to ask a judge to drop federal drunken-driving and obstruction charges against him now that he has pleaded guilty to similar charges in tribal court.

Sen. Shannon Augare apologized Tuesday in his first public comments since he fled from a Glacier County sheriff’s deputy who stopped him on U.S. 2 within the north-central Montana reservation on May 26.

“I think it’s important to acknowledge my behavior and apologize to the entire law enforcement community, to my colleagues on the Blackfeet Tribal Business Council and the Montana Senate, to my constituents and, most importantly, my family. I let quite a few people down, but I own this, this was entirely my fault and I apologize,” Augare said during a news conference.

After pleading guilty and being sentenced in tribal court on Oct. 23 to charges of threatening a public official, DUI and reckless driving, the Browning Democrat said he plans to ask U.S. Magistrate Judge Keith Strong to dismiss the pending federal charges.

Augare said he will respect the federal court’s final decision, whatever it may be.

A trial is scheduled Nov. 7 in U.S. District Court in Great Falls on charges of DUI, reckless driving and obstruction of a peace officer.

Federal prosecutors say Augare revved his engine and pulled away after telling the deputy he had no jurisdiction to stop him. Glacier County officials turned the matter over to the tribal prosecutor, who later turned it over to the U.S. attorney’s office.

Augare attorney Joe McKay unsuccessfully argued that federal prosecutors have no jurisdiction over victimless misdemeanor crimes involving Native Americans that happen on Indian reservations. Strong agreed with prosecutors who charged Augare under the Assimilative Crimes Act, which allows them to apply state laws to offenses committed in federal enclaves that are not specifically addressed in federal law.   

Augare was joined at Tuesday’s press conference by tribal council members Leonard Guardipee and Chief Earl Old Person.

Those three and council member Roger “Sassy” Running Crane split from the rest of the council last week after Blackfeet chairman Willie Sharp Jr. suspended Augare and Guardipee and reinstated three previously suspended members.

Sharp suspended Augare after Augare refused the chairman’s request to step down from the council until his legal problems are behind him. Sharp followed that with a letter Thursday offering a compromise to reunite the council if Augare permanently resigns his position.

Augare’s faction called Sharp’s actions illegal.

The two sides have not met, though Sharp has scheduled a special meeting of the council for Thursday to be attended by the Bureau of Indian Affairs acting superintendent for the Blackfeet Reservation, Theadis Crowe.

Tribal operations are mostly shut down because of the split, and the Bureau of Indian Affairs has offered to mediate a solution.