Montana Sen. Shannon Augare (D). Photo Montana Legislature

A federal magistrate ruled that Montana Sen. Shannon Augare (D), a council member for the Blackfeet Nation, can be prosecuted in federal court for a drunken driving incident.

Augare argued that any charges he might face should be filed in tribal court.But Judge Keith Strong said the federal government shares jurisdiction over victimless crimes.

"Mr. Augare cites no appellate court decision holding that federal jurisdiction is limited as he argues," Strong wrote in his decision on Monday.

Augare was charged with drunken driving, obstructing a peace officer and reckless driving for an incident on the reservation in May. The case is unusual because it stems from an investigation by Glacier County, not tribal law enforcement or federal law enforcement.

Augare was stopped by a county sheriff's deputy for erratic driving. He allegedly drove away after disputing the officer's jurisdiction in Indian Country.

The tribe looked into the incident but didn't file charges. The U.S. Attorney in Montana ended up charging Augare under the Assimilated Crimes Act, which allows federal prosecutors to charge people for violating crimes under state law.

Augare is due for trial on November 7. Turtle Talk has posted documents from the case, US v. Augare.

Get the Story:
Judge: Feds can prosecute Augare for DUI (AP 10/1)

Related Stories:
Blackfeet leader under indictment called for arrest of protesters (9/5)
Blackfeet Nation chair questions council member's prosecution (9/3)
Indian lawmaker seeks dismissal of charges in federal court (08/21)
Shannon Augare pleads not guilty to drunken driving charges (8/17)