Results 1 to 6 of 6

Thread: self defense shooting in northern idaho.

  1. #1
    Regular Member
    Join Date
    Jun 2008
    Location
    caldwell, Idaho, USA
    Posts
    451

    Post imported post

    STITES, Idaho - The FBI and Nez Perce Tribal Police are investigating a fatal shooting at that took place at a grocery store in Stites early Thursday morning.

    It happened during an apparent attempted break-in

    The Idaho County Sheriff's Office confirmed that a 21-year-old Kamiah man was pronounced dead at the scene. His identity was being withheld until family was notified.

    He was one of two men who were reportedly trying to break into the Stites Grocery Store. He was shot and killed during the alleged break-in. The Sheriff's Office says the other suspect ran from the scene. Witnesses say the pair came in through a fan vent in the back of the store.

    The grocery store owner, who asked to not be identified, said a man was working on an upstairs computer at the store when he heard a noise. She said that's when one of the alleged would-be burglars "came at" the man who then shot the alleged burglar in the leg. She says when the alleged burglar didn't stop, the man fired a second shot into his chest.

    The Idaho County Sheriff's Dispatch Center said the call came in at 3:24 a.m. from the man who had done the shooting, saying he had shot an intruder in the store.

    It was unknown if either alleged intruder was armed.

    Upon arrival, deputies secured the scene while the Clearwater Valley Ambulance stood by.

    The FBI is leading the investigation because the man who was killed is believed to be a Nez Perce Tribal member and the shooting took place on reservation land.

  2. #2
    Regular Member
    Join Date
    Jul 2008
    Location
    , California, USA
    Posts
    560

    Post imported post

    Interesting. I don't understand why the FBI is handling the investigation instead of the tribal police though. Admittedly I know next to nothing about tribal law, but...shouldn't they be investigating the crime on their lands?

    Either way, sounds like a reasonable self-defense shooting.

  3. #3
    Guest

    Post imported post

    its because of one (or many) of the treaties between Native tribes and the Feds... Most tribes got totally hosed in every facet you can imagine...

    In this particular instance, the Tribal police only do light-duty stuff, kinda like a security guard, issue tickets, maybe do arrests; but the FBI handles almost all felonies IIRC.

  4. #4
    Regular Member
    Join Date
    Mar 2009
    Location
    Idaho
    Posts
    42

    Post imported post

    Nothing to do with the treaties. The Major Crimes Act (18 USC 1153) enacted by Congress in 1885 took jurisdiction for 14 major crimes, including murder and robbery, away from the tribes and gave it to the Feds. That is, unless you're in a Public Law 280 state, like Oregon, where the state has complete jurisdiction over reservations and Indians. In 1953, when Public Law 280 (18 USC 1162) was enacted by Congress, Idaho was given the choice of what areas of jurisdiction it wanted to take, and opted only for jurisdiction over traffic violations. So, the Feds have jurisdiction when a Indian (but not a non-Indian) commits a major crime on the Nez Perce rez.

    Indian law can be painfully complex... so far I've figured out that tribal police and fish/game officers have no jurisdiction at all over non-Indians trespassing on tribal land to hunt and fish - apparently that happens a lot around Waha...

  5. #5
    Regular Member
    Join Date
    Jul 2008
    Location
    , California, USA
    Posts
    560

    Post imported post

    What a mess.

  6. #6
    Regular Member
    Join Date
    Jun 2008
    Location
    Alabama, ,
    Posts
    1,338

    Post imported post

    But this was only an attempted robbery, so throw them off the reservation.:shock:
    If they want to claim a treaty exemption, let them show probable cause
    for one of them.


Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •