Timothy La Batte Sr.
PEEVER, SOUTH DAKOTA –– A physically disabled member of the Sisseton Wahpeton Oyate says he was brutally assaulted by a tribal employee and two members of his family. Timothy La Batte Sr., 52, recently filed a criminal complaint in SWO Tribal Court against Gerald German Jr., 41, program manager for the tribe’s roads department, and over a dozen members of German’s family following what he says were a series of unprovoked, prolonged verbal and physical attacks led by German on April 19. Both men are from rural Peever on the Lake Traverse Reservation in northeastern South Dakota. La Batte, a veteran, has difficulty walking because his left foot has been completely amputated and half of his right foot has also been amputated as a result of diabetes. According to La Batte’s six-page complaint, the ordeal began around noon adjacent to the Sisseton Wahpeton Oyate/Sisseton Wahpeton College Public Library at the intersection of Bureau of Indian Affairs Highway 700 and Tiospa Zina Drive, which currently is under construction. The college is situated approximately midway between Sisseton and Agency Village. In his complaint, La Batte claims he and his wife, SWO member Helena La Batte, were stopped at the intersection by a construction flagger and were awaiting the go-ahead to proceed when German initially pulled up in a tribally-owned pickup and began the first of four attacks that day. Helena was driving the couple’s vehicle at the time this incident occurred, according to the complaint. “After stopping at this approach, we were about to proceed,” La Batte wrote in his attestation, “and to my right and while sitting in the passenger seat, Mr. Gerald German Jr. … was pounding with his fists on my passenger window and windshield as to try and break the glass with his fists; he was screaming and yelling (at) me to open this door, saying to me, ‘I am going to kill you. I am going to do you in. I am going to come to your house tonight and do you in.’” La Batte claims German and his adult son, Austin German, then followed him and his wife in Austin’s car through the library parking lot and to the tribal police station, where Gerald once again threatened to physically assault La Batte. German was eventually “coaxed” away from the La Battes’ vehicle by a police officer and allowed to leave, according to the criminal complaint. La Batte further alleges German subsequently followed the couple again to Fuel Inc.’s Agency Village C-Store, where they went to put gas in their vehicle, and made more death threats against him. The couple’s son Brendan is an employee of the convenience store. Following this particular incident, La Batte went to the tribal clerk of court office to file a complaint against German, while his wife went back to the C-Store to pick up their son after the end of his shift. While at the clerk of court office, La Batte claims Brendan came to alert him that Helena was being intimidated by German and members of his family at the C-Store. In what would be the fourth and final confrontation of the day by German and his entourage, La Batte claims he was violently pummeled in the face and head by German and one of his adult nephews, Wayne German Jr., in the convenience store parking lot, while another one of his sons, a 17-year-old, kicked him in the nose as he was on his knees attempting to pick up his cap from the pavement. During this struggle, La Batte says, German and his son, Austin, had to be maced and his adolescent son had to be physically subdued by law enforcement officers, who were called to the scene by La Batte. Additionally, several female members of German’s family attempted to join in the altercation but were restrained by law enforcement. La Batte told Native Sun News his nose was broken in two places during this final melee and will require surgery. “It’s from being stalked and attacked” by German and his family, he said. “That’s the kind of corruption we’re facing here on the Sisseton reservation.” He is also accusing the Sisseton Wahpeton Tribal Police Department of failing to protect him and his family from German and his family. In his complaint, La Batte says he “felt life-threatened by not only the actions of (the) Germans, but the inaction for police to detain the Germans for the assaults.” “Chief of Police Gary Gaikowski witnessed most of the incidents that day,” he said. Calls to Gaikowski had not been returned at press time. According to La Batte, German is angry with him for recently submitting paperwork to the Internal Revenue Service, FBI and BIA that apparently documents misappropriated funds German received from the tribe’s Dakota Magic Casino, located in Hankinson, N.D. Beginning in 2010, hundreds of thousands of dollars in casino monies were used to cover German’s expenses as part of the casino’s “sponsorship” of livestock he provided for nationwide bull-naming and rodeo events as owner and operator of German Rodeo Bulls, according to Dakota Magic financial records obtained by NSN. La Batte said he plans to also file a criminal complaint against German in federal court. German admits to threatening and assaulting La Batte. However, German claims La Batte’s sons are harassing his sons. “This is an ongoing political deal where he can’t get to me so he sent his 19-year-old to beat up my 16-year-old,” he said of La Batte. In one incident, German said La Batte’s 19-year-old son “sucker-punched” his son as he was sitting in a parked car. He said La Batte is angry because he can’t find work on Lake Traverse and is blaming German. “I got Tim La Batte a job rebuilding a house (on the reservation), but he didn’t do a good job,” said German. In 2010, German secured a tribal district housing project that La Batte was interested in helping with but was not hired for by German. “At that time, (La Batte) told me ‘You made a mortal enemy out of me,’” he said. “I told (La Batte) it has to be done right because it’s the people’s money,” he said, “and he didn’t like that.” German said another tribal building project had to be shut down because La Batte’s roofing work was not up to par. “The roof that (La Batte) put on, it leaked so bad it’s full of black mold … so right now we’re in the process of trying to reclaim some of those costs from him.” “Ever since then, (La Batte’s) been out to get me,” he said. German said Chief of Police Gary Gaikowski did attempt to stop him from physically assaulting La Batte. “At the (Agency Village) C-Store, I probably hit La Batte in the face about three or four times before (Gaikowski) subdued me; he was right behind me when it happened, and he maced me after I hit (La Batte) three or four times,” he said in confirmation of La Batte’s allegations. German noted his sons continue to receive threatening text messages from La Batte’s sons. “I never once threatened to kill (La Batte). The only thing I ever told him – and I’ll tell everyone this – I did tell him I was going to kick his ass that day, but (his sons) pushed me past my limit when they started assaulting my 16-year-old son.” German said a criminal complaint will be filed against La Batte’s 19-year-old son for the assault. He calls La Batte’s formal complaint against him “an attempt at pity.” German and three members of his family – Wayne German Jr., Megan Cook and Austin German – appeared in SWO Tribal Court on April 30 on charges stemming from the three-hour series of incidents. Tribal prosecutor Karen Gangle said German has been charged with alternate counts of disorderly conduct, simple assault, aggravated assault and stalking. He faces “four different charges (and) six different counts,” she said. Wayne German Jr. and Cook were charged with one count of disorderly conduct each, said Gangle, and Austin German was charged with two counts of disorderly conduct and one count of reckless driving. “Ms. Cook and Wayne German (Jr.) entered pleas of guilty to the disorderly conducts, (Gerald German and Austin German) requested trials,” she said. Gerald German said his trial date is set for sometime in June. (Contact Jesse Abernathy at editor@nsweekly.com)
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