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  1. #1
    Willowdared's Avatar
    Willowdared is offline Bendy not Breaky
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    Standoff on Reservation

    We had a little excitement this weekend

    Jamul, California

    Tribal leaders yesterday evicted three people who had lived for years on the smallest Indian reservation in California to make way for a casino, leading to a standoff that lasted hours.

    The evictions led to confrontations with neighbors opposed to the casino in which tribal police used pepper spray and metal batons. Sheriff's deputies stepped in and paramedics treated some people.

    Nobody was immediately hospitalized, although one man shot in the eyes with pepper spray went into a hospital later in the day.

    Tribal leaders also announced that they plan to sidestep a 1999 agreement with the state and fill the casino with less profitable games so they can get around local opposition.

    Under federal law, the so-called “Class 2” games, based on bingo and poker, don't require an agreement with state governments as do Las Vegas-style games.

    “We've broken off negotiations with the state,” said tribal Chairman Leon Acebedo.

    Class 2 machines look and play like slot machines, but players are gambling for a shared prize, instead of playing against the house.

    “With the Class 2 (games) there is no compact and neither the state nor the county has any say,” said Bill Mesa, the 51-member tribe's gaming commissioner and police chief.


    JOHN GIBBINS / Union-Tribune
    Walter Rosales – who was evicted from his home on the Jamul Indian Village reservation – retreated after he was pepper sprayed by tribal police for the second time yesterday.
    A spokeswoman for Gov. Arnold Schwarzenegger said she was unaware of the tribe's decision, but agreed the state has no power to prevent an Indian tribe from opening such a casino.

    Acebedo said the tribe and its partner, Lakes Gaming of Minnesota, have not decided how the change in gaming strategy would affect plans for the casino about 20 miles from downtown San Diego on state Route 94.

    The last plan called for a $200 million casino employing 1,800 people and offering 2,000 slot machines, with an adjacent fire station. A later addition would add a 400-room, 12-story hotel.

    The Class 2 games can be profitable, said tribal gaming consultant Michael Lombardi, who is not involved with the Jamul project.

    “They play the same games you would associate with slot machines,” he said, noting the success of a Bay Area tribe, the Lytton Rancheria, has had with such games in its San Pablo casino 20 miles from downtown San Francisco.

    The Jamul Indian Village has faced loud and vehement opposition from neighbors, including county Supervisor Dianne Jacob.

    Schwarzenegger has also opposed the project.

    They say a gambling hall on the 6-acre reservation would lead to more crime and traffic.

    Also opposing the casino plans are Walter Rosales and Karen Toggery, two of the reservation residents evicted yesterday. Toggery's son, Louis Gomez, was also evicted.


    They said they will challenge the evictions in court.

    “We're going to be back,” Rosales said.

    Toggery and Rosales said they are the true leaders of the tribe, one of several claims they have pursued in court and with the federal government since the 1990s, so far unsuccessfully.

    They said the U.S. Bureau of Indian Affairs has recognized the wrong people as tribal leaders and members. They also said they own the land on which they lived and that the evictions are illegal.

    “I've lived here since I was 10 years old,” Toggery said yesterday. “I'm part of the tribe, which they say I'm not.”

    Toggery, 52, said she refused to answer knocks on her door about 7:20 a.m. and was trying to call her lawyer when people wearing jackets with the words “Jamul Tribal Police” kicked it in.

    Rosales, 59, said the ashes of several family members have been spread on the reservation.

    He also said that, following Kumeyaay Indian tradition, the belongings of his dead relatives have been burned and buried on the land, also rendering it sacred.

    While they have lifelong blood ties to the tribe, they are not officially enrolled.

    Acebedo, the tribal chairman, said they would qualify for membership.
    But Rosales said he is the true tribal chairman, while Toggery said she is the judge in the true tribal court.

    Both were served with eviction papers in January, and challenged the jurisdiction of a tribal court, which heard the eviction matter. The court found it had jurisdiction and issued an eviction order Feb. 17.

    After they were evicted, Rosales and Toggery contacted casino opponents, and, within hours, about 50 of them congregated near the reservation.

    Defying orders from sheriff's deputies and tribal police, several of them walked around the reservation's property line and entered Rosales' backyard and home.

    There, they were met by tribal police who ordered them out and then sprayed them with pepper spray.

    “It's not trespassing,” Rosales complained. “I own the house.”

    Fighting could be heard inside the home, and several of the casino opponents said they were hit by metal batons.

    Mesa later said officers acted appropriately and were defending themselves.

    After sheriff's deputies ordered Rosales and the casino opponents off the reservation, a four-hour standoff ensued.

    During the standoff, tribal members and casino opponents, including several people who were disenrolled from the tribe in October, traded insults across a fence under construction on the reservation boundary.

    The confrontation ended only after negotiations among Jacob, the Sheriff's Department, the tribal chairman and Patrick Webb, a lawyer working with Rosales and Toggery who is also a Jamul resident.

    Acebedo said he would pay for a nearby house in which Rosales and Toggery could stay and agreed that their homes would not be demolished for a week – giving state and federal courts a chance to consider the legality of the evictions.

    Only one resident remains on the reservation, an 85-year-old tribal member who is waiting to be relocated into a house paid for by the tribe.
    Molly Weasley makes Chuck Norris eat his vegetables.

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  2. #2
    countybear's Avatar
    countybear is offline BDRT - Baby Daddy Removal Team
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    Wait a friggin' minute...


    They say a gambling hall on the 6-acre reservation would lead to more crime and traffic.
    A six-acre reservation????

    BAHAHAHAHAHAHAAAAA!!!

    "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."
    - Alexis de Tocqueville, Democracy in America

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    The opinions expressed by this poster are wholly his own, and should never be construed to even remotely be in representation of his employer, its agencies or assigns. In fact, they probably fail to be in alignment with the opinions of any rational human being.

  3. #3
    Willowdared's Avatar
    Willowdared is offline Bendy not Breaky
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    Molly Weasley makes Chuck Norris eat his vegetables.

    Do not puff, shade, skew, tailor, firm up, stretch, massage,
    or otherwise distort statements of fact.
    FBI Special Agent Coleen Rowley

  4. #4
    jato's Avatar
    jato is offline Deputy Sheriff
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    We have 5 reservations on our beat (as PDawg already knows):

    Rincon (Harrah's Casino + Hotel) 3,918 acres.
    San Pasqual (Valley View Casino) 1,412 acres.
    La Jolla (no casino, only slot machines inside a gas station) 8,798 acres.
    Pauma (Casino Pauma) 5,826 acres
    Pala (Pala Casino & Hotel) 12,333 acres.

    -plus-

    300 square miles of other non-reservation area.

    ...and it is all being policed by 2 Deputy Sheriffs right now . There are no tribal police. Two of the above reservations have a very basic form of security and the casinos have security.

    It is truly the Wild Wild West on the Rez!
    Last edited by jato; 03-13-07 at 10:22 AM.

  5. #5
    jato's Avatar
    jato is offline Deputy Sheriff
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    My Lt. did a study a couple of years ago:

    Sheriff's Report - Impact of gaming on VC: as if town was twice as large

    The impact of casinos on local law enforcement is as if the populations of Valley Center and the surrounding communities were twice as big as they are, according to a report issued this week by Sheriff’s Lt. Sean Gerrity. Because the State has not reimbursed the County for the impact of gaming, its gaming compacts have created an “unfunded mandate,” according to Gerrity.

    The report by the commander of the Sheriff’s substation serving Valley Center, Pauma and five area casinos concludes that staffing levels should be geared towards a larger population because the transient population of employees and visitors creates the effect of a population of more than 44,000, even though Valley Center’s population is actually only about 22,000. In other words, when the impact of gaming is factored in, local deputies are serving a community whose “adjusted population” is twice the size of the community it is staffed to serve.

    The 12-page report is entitled “Impact of Tribal Gaming in the Valley Center/Pauma Sheriff’s Substation (VCS) Command Area.”

    It looked at the effect on crime in the area since 1999, when tribal governments from five reservations in the area signed gaming compacts with the state. The money that many local jurisdictions expected to get from the compacts has failed to materialize up and down the state. No community more so than Valley Center, which has been estimated to be the community most affected by Indian gaming in California, and possibly the United States.

    According to Gerrity: “Because the VCS command area is uniquely impacted with four (soon to be five) gaming operations of varying but significant (and growing) size, the impact is unusually significant—especially compared to other larger stations or sub-stations with only one or two gaming operations.”

    In his report Gerrity writes: “The rather generic 1999 gaming compacts had provisions for special funding, meant to offset financial impacts on local governments. A certain percentage of profit from gaming devices, existing at the time the compacts were signed [Gerrity’s italics], was to be paid to the State of California periodically for a special fund (essentially intended to offset impacts on local governments), and then distributed locally with tribal and local governmental input. However, none of the tribes in the VCS command area had active gaming operations or devices at the time their compacts were approved, so no percentage of gaming machine profit for this special fund is required from these tribes. In other words, the State of California, in negotiating these agreements, failed to provide for funding for impacts on local law enforcement needs (and other local government needs) in the VCS command area, though significant revenue provisions funding the State of California were certainly agreed to then, and also in a later 2004 compact amendment for some tribes.”

    He adds, “Absent the State’s voluntary diversion to the County of some of their agreement revenues (or even the direct or indirect state income and sales tax revenue increases realized from these operations), the County of San Diego has effectively been left with an unfunded mandate to provide the additionally needed law enforcement services resulting from these gaming operations.”

    Between 1999-2005, the number of deputies assigned to the VCS has remained the same, as has the funding. However, since 1999 two tribes have voluntarily contracted and paid for “tribal deputies.” There are now two such deputies in Pala and three in Rincon. The contracted deputies are not normally responsible for crime, arrests or emergencies off the reservations, although the provide support for the substation’s “baseline” deputies.

    “They have also had some impact relieving some of the workload that would otherwise be the responsibility of the station’s baseline patrol and investigative staff on these reservations (excluding casino activity). Though tribal deputies have mitigated some of the gaming impact on the overall station’s baseline staffing workload, the remaining impact on the baseline staffing workload is still somewhat significant,” wrote Gerrity.

    The San Pasqual and La Jolla tribal governments have signed contracts with the Sheriff’s Dept. to provide additional deputies for special events and security needs, and pay for the extra cost. The Rincon tribe provided $100,000 recently to the Sheriff’s Dept. to help pay for additional staffing that was needed in February when two people were slain on the reservation.

    Gerrity’s report concludes, “When analyzing the gaming impact on the entire community within the VCS command area, it is clear that all typical measures of law enforcement-related activity indicate a very significant impact. It is evident from these measures that the impact requires a fairly significant increase in law enforcement and support personnel at VCS (in addition to the contracted tribal deputies), thus resulting in the gaming-related ‘de facto’ unfunded law enforcement mandate arising from the State of California and its gaming compact agreements.
    Link to above text

    /thread hijack

  6. #6
    jato's Avatar
    jato is offline Deputy Sheriff
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    pics from PDawg's article:


    Deputy Sheriffs on standby (two on the left are most likely detectives called out in Mobile Field Force garb (cargo pants and gas masks)).



    Tribal security?!?! Notice lack of arm patches, badges, etc. Also notice the O.C. stream. Did that person need to be sprayed? I dunno


    Link 1

    link 2

    link 3

  7. #7
    Willowdared's Avatar
    Willowdared is offline Bendy not Breaky
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    Thanks for posting the pics Jato!

    I have to throw a little shout out to the CHP. I copied one of their officers offering to cover other calls in the area, as most of the South Bay deputies were mustered out to preserve the peace on the Rez.

    I love having a Regional Communications system!
    Molly Weasley makes Chuck Norris eat his vegetables.

    Do not puff, shade, skew, tailor, firm up, stretch, massage,
    or otherwise distort statements of fact.
    FBI Special Agent Coleen Rowley

 

 

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