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Thursday, December 18, 2003

A non-Indian woman who is accused of starting a major fire on the Fort Apache Reservation in Arizona asked a tribal judge on Wednesday to throw out the charges.

Valinda Jo Elliott claims the tribe doesn't have jurisdiction over her for setting the Chediski Fire in June 2002. The fire merged with the Rodeo Fire to become the largest in state history.

A motion Elliott filed to dismiss the case was heard yesterday in White Mountain Apache tribal court. A tribal attorney argued that Indians and non-Indians must obey tribal laws while on the reservation.

Tribes normally do not have criminal jurisdiction over non-Indians. But the tribe filed civil charges against Elliott. If she is found liable, the tribe could seek financial restitution, capped at $4,500.

The Rodeo-Chediski Fire burned more than 275,000 acres of the reservation. A tribal member, Leonard Gregg, pleaded guilt to setting the Rodeo portion.

Relevant Links:
White Mountain Apache Tribe - http://www.wmat.nsn.us

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BIA firefighter pleads guilty to setting major fire (10/21)
Woman asks tribal court to dismiss fire charges (08/05)
Ariz. tribe sues non-Indian who started fire (06/30)
Tribe still struggling a year after major fire (06/16)
BIA firefighter claims mentally unfit (12/13)
White woman won't be charged for fire (7/19)
Apache Tribe to get $1M tribal donation (7/11)
Ariz. grand jury indicts for fire (7/3)
White woman remains free for fire (7/2)
Charges brought in Ariz. fire (7/1)
Ariz. tribe shocked by fire charges (7/1)
Ariz. fire burning reservation (6/28)
Ariz. fire fuels racial animosity (6/27)
Ariz. reservation declared a disaster (6/26)
Apache community saved from flames (6/25)
Ariz. fire forces thousands to flee (6/24)
Ariz. wildfire rages on (6/21)

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