Rudy Preston: 'Coconino County Sheriff: 'I'm arresting you for talking'

Rudy arrested/Photo by Ethan Sing

Press Release
Coconino County Sheriff: "I'm arresting you for talking"
By Rudy Preston
Censored News
http://www.bsnorrell.blogspot.com

San Francisco Peaks, Snowbowel Road -- On Saturday August 13, 2011 I was engaged in a conversation with the operator of a rock crusher on Snowbowel Road. He and I know each other by name and face. He said "hi Rudy" as I approached. We engaged in dialogue about the nature of the work he was doing. I feel it is desecration, and he said it was just crushing rock. This went on for a little while and I think we have both enjoyed the debates we have had this summer. At least to the extent that he did not ask me to leave and the conversation stimulated both our minds.
Then Dale Haelund, comes speeding up and screeched to a halt and started waving a camera around and yelling "get out of the construction area." At that point I began to approach the vehicle to ask him where the construction area was and did he have the right to dictate where to be on public lands. I did not want to leave because the conversation with the rock crushing machine operator was going along nicely and I was not asked to leave by him.
Dale drove the vehicle directly at me nearly hitting me, but I did not move and he halted in front of me. Had he not stopped he would have hit me and then the rock crushing machine. I went to his window and told him to call the police or an authority to explain the "construction area" to me and also to stop taking my picture over and over again. Dale knew me by name and face. I learned his from the police report but have seen him before. I was now quite upset from the adrenaline of almost being run over so I told Dale to leave me alone and to get the police or something because I felt he was harassing me.
I stood beside Dale's vehicle with my hand up and Dale childishly wiggled his camera back and forth saying, "I got one, I got one." Officer O'Farrell with the Coconino County Sheriff's Office then approached us. He did not do anything but say hi to Dale and told me that I was in a construction zone. I asked him to please have Dale stop taking my picture, but he ignored my request. So I asked him where the construction zone was, because it is not marked. Officer O'Ferrell told me I have to be on the west side of the road. I complied with his request immediately while Dale got out of his truck and taunted me from behind the officer and took more pictures. After I crossed the street and stood where I was allowed Officer O'Ferrell moved up nose to nose with me as Dale taunted me. This felt quite threatening, especially since I complied with all orders that he gave me and was standing exactly where he told me I could stand.
Officer O'Farrell then told me that he felt threatened by my hand covering my face to block the pictures and pulled my arm down to my side. I put my hand down as I had no intention of threatening physical violence. I verbalize to the officer that I meant no violence or harm to him. But I continue to tell Dale to stop taking my picture and that Dale was harassing me and would the officer please make Dale stop harassing me. The office told me to "shut up".
I say to him, "let me turn my back to you so you understand I mean you no harm and so I don't have pictures taken." I just wanted Dale to leave me alone and to get fair treatment in the situation by the officer. Once my back was turned, officer O'Ferrell grabbed my arm and said to Dale, "you know if you tell me that you want to be a victim and you want to press charges, I can arrest him." Dale shouted his enthusiasm and then started to harass the people who witnessed the whole incident and were standing a few feet from me on the same (legal) side of the road.
In a situation like this I did not want to be hurt and I did not want to be perceived as resisting so I choose to remain limp. O'Ferrell and a Forest Service Law Enforcement employee who had just arrived stood over me while I was face down on the ground and cuffed me. I asked O'Ferrell what they arrested me for and he said, "I'm arresting you for talking."
I was incredulous, and demanded I be released immediately and that I wanted to press charges against Dale for both trying to hit me with his car and then for standing behind the officer inciting the incident.
The Sheriff's officer then grabbed me by my arms and attempted to drag my limp body, but decided not to drag me because of the outcry from the people watching. After he put me down, I was able to speak to the Forest Service Officer (name not known) and explained I was willing to forget the whole thing if Dale would do likewise, otherwise I insisted on pressing charges against Dale for driving his car at me. My dog was at home alone and I had no intentions of going to jail that day.
Officer O'Ferrell said, "you can press charges when you get out of jail."
My question for officer O'Ferrell is "Who do you protect, who do you serve?" Because your actions on Saturday were surely not in your duties as a police officer. I have every right to talk. You came to the scene and served your friends and protected nothing. In fact you violated the constitution. It did not go unnoticed by me as you sat outside the police car you put me in and joked with Dale Haelund and JR Murray, General Manager of Snowbowel, who had arrived just then. I watched as JR Murray triumphantly smiled and said "take him away."
After I bailed myself out and got a good nights sleep I pressed charges against Dale Haelund and filed a complaint against officer O' Farrell.
"Who do you protect? Who do you serve?"

Media Watch: Newspaper cheerleads for rape of Mother Earth

The road into New Town, North Dakota, on the land of the Mandan, Hidatsa and Arikara Nations (Fort Berthold, July 31, 2011.) Photo by Brenda Norrell/Censored News
Media Watch: Indian Country Today hits a new all time low
By Brenda Norrell
Censored News
http://www.bsnorrell.blogspot.com

NEW TOWN, North Dakota -- The newspaper Indian Country Today didn't show up to cover the Protecting Mother Earth Gathering and now has an article cheerleading the rape of the earth and the ongoing devastation by the oil and gas industry.

Perhaps the newspaper would have been less likely to publish a press release, during the newspaper's downward spiral, if its reporters or editors had been present at the Gathering and listened to the people here, and witnessed the carnage by the oil and gas industry.

Perhaps if Indian Country Today had listened to Kandi Mossett tell of how her 23-year-old friend was killed by one of these trucks here, the newspaper would not have been so careless in what it posts for profit.

"We can't drink the oil," Kandi said, as the tears fell from her eyes, remembering her friend and others being driven off the road by these trucks.

Maybe if Indian Country Today had listened to Kandi, and the other Native youths, and elders here of the Mandan, Hidatsa and Arikara Nations, speak of how the land, water and air is being poisoned, how the truck diesel and pollution spills onto the land, the newspaper would not have been so irresponsible.

Perhaps if the newspaper's staff had listened to the elders here tell how greed for money is destroying the nation today, it would not have carelessly published an article cheering for the oil and gas industry and the elected politicians.

Perhaps if the newspaper's staff had heard the elders speak of how the Three Affiliated Nations at Fort Berthold, were devastated by colonizers during the smallpox genocide, the editors would have taken their responsibility more seriously to both show up for the Gathering of Indigenous Peoples from across the Americas, and then publish the facts.

Maybe if the staff of Indian Country Today had been there, choking on the dust and gagging from the gas flaring, the staff might not have rushed to support President Tex Hall's ongoing publicity campaign.

The minimum for a newspaper is to show up and report the facts.

For Indian Country Today to engage in a counter campaign to this Gathering, and carelessly support the destruction of the earth, while publicizing its favored politicians, is what this newspaper does best.

The newspaper hit an all time low.

Please continue to boycott this newspaper.
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Please listen to the audio files from the Protecting Mother Earth Gathering, on the land of the Mandan, Hidatsa and Arikara, of the Indigenous Environmental Network, July 28-31, recorded by Earthcycles and Censored News:http://www.earthcycles.net/ienearth

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Northern Paiute gatherer charged with trespass due in US court

Northern Paiute Kwassuh, Wesley Dick/Censored News

SUMMARY – NEED FOR JUSTICE

By Kawssuh Wesley Dick
Censored News
http://www.bsnorrell.blogspot.com
Aug. 15, 2011

Northern Paiute traditional gatherer Kawssuh, Wesley Dick, is charged with trespassing in his homeland by the US and is slated to appear in court on Oct. 11, 2011, the day after Columbus Day

Traditional tule ducks by Kwassuh

These events are based on the understanding and acknowledgment of two worlds.

1. The life ways, the unique cultures, the sacred ceremonial, the loss of identity, customs, traditions and quality of lives the Native Americans all shared from past thousands of years to the present. The aboriginal peoples needs to live good lives depends on the freedoms our ancestors practiced in their daily lives. Respect and the love of our mothers is the same relationship we share with the Earth. This relationship will never end among all indigenous people worldwide.

2. The interference of these non-Native immigrants that forcibly claimed my people’s homes, food, and more. Including forcing their own religions upon my people and forcing them off their homelands; forcing their laws, rules, regulations, limitations, executing their punishments, penalties, threats, and worse of all the senseless murders that were committed by these people for their own benefit. Also, dislocating and imprisoning the Natives to other areas, the destruction of space; the destruction of the air we breathe, the destruction of the water we drink, the destruction upon our earth, the destruction of plants, the destruction of our animals, the production of toxic chemicals, the production of mass weapons, and the list goes on by these non-Native immigrants with absolute disregard for the good life the aboriginal people had lived for thousands of years are absolutely nothing to be proud of by a nation that claims to uphold “Life, Liberty and Justice for All”. This has been at the expense of the Native American people and now the destruction of the earth and its atmosphere.

A majority of Native people relate and possess inside themselves the same feeling of loss, direct threats, misinformation, lack of knowledge, and worse of all misguidance from our present tribal leaders who do not seem to have learned from the past Tribal leaders whose failures have heavily burdened our people today. These are the same individuals who before election time, promised to uphold, respect, protect, and preserve our tribal concerns and matters.

It’s amazing how many of these individuals tend to profit on their own behalf and benefit for their own certain followers at the expense of the ones who are really in need of. Financial failures are the most obvious and well known among many tribal governments and seems to be a never ending issue. The loss of our lands is another failed example, but worse of all is the loss of our culture and the loss of our ancestors teachings by our own people except for books, old pictures, artifacts that are collected in museums or individual collections that most people see today. It’s become harder to gain the correct answers among our own people today because the most knowledgeable elders in our communities are passing away and the newer generations are influenced by other societies. I, Wesley Dick (Kwassuh) have always known of the importance of taking the time to learn from my own people, especially while participating, assisting my own tribal people through hunting, plant gathering, ceremonial and all culturally related events. Since the stories shared by my grandparents, family and friends and the killing of my first rabbit when I was 8 or 9 years old, this was the beginning stage of respecting a living being that I learned would provide nutrition and the spiritual understanding of the rabbit to help me throughout my life. From that time, I have excelled in my life-learning importance of all living plants and animals both physically and spiritually from the teachings of my own people and the direct connection of their life cycle is respectfully honored in our ceremonies and the need to pass on these teachings is the most important. The result of today’s modern hunting methods don’t include the spirituality of these animals being killed. Sadly today’s Native hunters have excluded prayers and the respect of the animals, in exchange hunting is considered sport and the animal is game.

The efforts to continue what I have learned and the experiences I have been successful in from past to present, has been tremendously disrespected and these interferences have put a large delay in the progress and fulfillment of my obligations to my family and my people. A very heavy financial burden has also been placed on me and my family at the worst of these difficult times. The need to sell some of our personal belongings and get personal loans from the pawn shop in order to maintain the everyday cost of living, having to drive a many distance to and from the library in order to produce documents, traveling to get advice from legal persons, and having to get donations to assist us. A formal letter of request for financial assistance was read, given and received by my Tribal Council and was denied even though I explained in detail my full intentions to defend myself and stand up for our Native rights. This is just a few examples of the undue and unnecessary steps we have endured so far. I am thankful to my family and friends for their help in getting me this far. Having to take my family on an over 2,000 mile round trip to the State of Washington to get fair justice by a Tribal Court was especially financially difficult. The Tribal Court panel of judges consists of several indigenous Nations who are very knowledgeable in national and international laws. They recognized my obvious human rights that are being violated. With their assistance and respect, that they have shown me and my family, made it well worth the trip.

This first incident with the U.S. Fish and Wildlife Service not acknowledging my aboriginal rights to practice the sacred methods and use of my peoples traditional plant gathering and use, outraged not only my tribal people among my reservation, but also included the non-Indians in my local community and surrounding cities and states; most of all, all indigenous people worldwide. These people have all expressed outrage of these nonsense claims and ignorance on behalf of the United States Fish and Wildlife Service. In order for myself to be cited for $675.00 for picking my own traditional plant that the U.S. Wildlife Refuge burns thousands of these plants each year, they already spent thousands of dollars to try me in their court. Also, the majority of the tule bundle that I prayed for and picked on the Stillwater Reservation was the majority of the bundle that was confiscated on May 14, 2011 still seems to be ignored. The small amount of tules I observed and picked in the ditch was also acknowledged in the ceremonial way as always. Then, the citation for $175.00 for trespassing, which I was on my own aboriginal territory, to try to collect a $175.00 from me will be an additional thousands of dollars in their court proceedings, not to mention, the embarrassment they will learn is the result of their own ignorance because that’s another traditionally known area by my people, the visitors, hunters, officials, and other Natives. The U.S. Fish and Wildlife Service and the Fallon Paiute-Shoshone Tribe both states “Home For The Numa” and acknowledges the Northern Paiute people/Toi-Ticutta with their signature stamps/emblem located at the bottom of this sign.

There is absolutely no signs saying No Admittance, Restricted Area, Authorization Only, No Trespassing, Barriers, Fenced Area, Punishment and Fines signs where my truck was parked. The only sign visible to me were Welcome and Auto Tour Loop.

This has always been a known traditional ceremonial and burial area told to me by my grandmother and elders, where the U.S. Fish and Wildlife claims I trespassed/unauthorized area/travel off designated route that I’m being accused of.

There will be a new upcoming misguided direction of this same wildlife officer who cannot tell the difference between a red faced bear hide and an elk hide. Along with my own Tribal police officer who misidentified this hide also and assisted in confiscating my property which places me and my family in a huge financial loss because I needed my flatbed trailer and all its contents. (1) To complete my hide tanning structure; that is now taken, (2) the wood stumps I have been saving that I planned on using for smoking, (3) the various wood chips I also used for smoking my hides, (4) there were a few tires I could have sold for $10.00 each, (5) the deer hides I intended on tanning for my5 year old daughters dress, (6) the loss of my elk hide I intended on producing hand drums from, (7) the water containers that the hides were contained in, (8) the two axle flatbed trailer that was taken; I paid $600.00 for it and purchased it for the intent of hauling large items and cords of wood on, (9) the hunting trips I have missed out on, (10) the plant picking trips I normally take with my family, (11) ceremonies I had planned on attending, (12) powwows me and my family annually attend, (13) part time jobs I’ve missed out on, from cutting wood, mending fences, and ground clearing, (14) the inability to promise dependability to a full time job (I have been an experienced drywall finisher for over 20 years). These matters with Fish and Wildlife by having to defend my inherent rights and now the illegal taking of my property, has put my family and I in a great financial burden, huge cultural delay and interference with my traditional activities my family and I normally do at this time. No others should have to go through this.

I need to define this court decision of the Government's Oral Motion for Dismissal without prejudice of citation #2011055-N31, Taking of any animal or plant without authorization is granted. It is very important to me to understand how this decision will affect myself and my people who plan on carrying out our plant gathering, hunting and religious matters for today and the future. Does this ruling mean we will have no further interference from these Wildlife Game Officials? Will this ruling assist our neighboring/related Tribes in similar situations? Will our inherent rights and reserved rights as Native Americans be respected from now on? Will our Native sovereignty issues with the United States of America finally be clear and present to these individuals who claim to represent the laws and acts the United States of America claims to be proud of upholding. Maybe these law enforcement officials will make no more mistakes and better understand matters concerning the real aboriginal peoples of this land so we can be able to provide, protect, preserve, maintain, and live the way our ancestors once normally lived and honor them in the right way they deserve and stand in our rightful place in the beautiful circle of life where we belong.

I have been a teacher, demonstrator, practitioner, provider, mentor, a ceremonial assistant, plant gatherer, skilled hunter, and a valued asset to my community, but most of all I am a father to my children, a son to my mother and father, a brother to my sisters and brothers, an uncle to many nieces and nephews, a grandfather to my step-daughter’s children, a good friend to many, a spiritual person and someday an important elder of my tribe. All these people are counting on me to continue what I have been happy to provide and accomplish for many years. In these modern times, all nations of people are supposed to be more educated and aware of the past to better our next generations. Thanks to my single shot 22 MAG rifle I owned for at least 25 years, I once killed 3 jackrabbits in one shot, with one bullet. This rifle is only good if I have a bullet though. I could never accomplish a shot like that with a bow and arrow, even though I am content with one rabbit with one arrow. Our F-350 Duly truck and two axle flatbed trailer was expected to haul 3 to 4 cords of wood from the mountains to home. With no gas, and now minus my trailer, I will be lucky to get only a cord of wood or none at all.

These unnecessary interferences and absolute ridiculous distractions and delays hopefully will end immediately because I have much more to offer and much more to do and accomplish for my family and my people.

Thank you, Wesley Dick (Kwassuh)
Northern Paiute (Toi-Ticutta) and member of the Fallon Paiute-Shoshone Tribe

Also see:
Indian country tribal court upholds Paiute gathering rights, in Tacoma, Wash:
http://bsnorrell.blogspot.com/2011/07/tribal-court-judgment-upholds-northern.html

Klee Benally: Direct Action to Protect Holy Peaks Continues

Klee Benally, in his own words:
Direct Action to Protect Holy Peaks Continues

Klee Benally chained to escavator/by Ethan Sing

Supporters Klee lockdown/by Ethan Sing

Author activist Mary Sojourner arrested/by Ethan Sing

Peaks police liaison Rudy Preston arrested/by Ethan Sing

By Klee Benally
www.IndigenousAction.org
Photos by Ethan Sing
French translation:
http://www.chrisp.lautre.net/wpblog/?p=318
Posted at Censored News

On Saturday, August 13th 2011, after a prayerful gathering on the Holy San Francisco Peaks, my friends Mary Sojourner, Rudy Preston and I were arrested by "law-enforcement" agents for standing against desecration and eco-cide caused by Arizona Snowbowl ski area.

Since June 16th, 26 arrests have been made during protests when Snowbowl started furthering desecration and eco-cide on the Holy Peaks.

As a Snowbowl hired excavator operator tore into sacred earth, plants and boulders to extend the wastewater pipeline trench further up the Holy Mountain, 40 people gathered in prayer in a meadow directly across from the excavation. At times, bulldozers and the excavator were no more than 200 feet from the gathering, so the machinery made it nearly impossible for elders to speak. The noise completely disrupted statements and prayers made by those in attendance.

Although I am not sure how it started, shortly after the prayer gathering a group of 30 people started pushing rocks and dug-up dirt into the pipeline trench. As I watched from a distance, every rock being placed back in the trench--to heal the scarring of desecration--appeared more powerful than any petition I've ever read.

Two Forest Service agents, who had apparently been monitoring the prayer gathering, emerged from the woods as the spontaneous action unfolded.

At that point I approached the excavator operator and stated, "Stop. You have interrupted and interfered with our prayers. You must stop." I then chained and handcuffed myself to stop the excavator.

I was joined by more than 30 people who began chanting and singing. We sang in a way that was a continuation of our prayers. I was chained to the machine for approximately 2 hours.

Forest Service and Coconino County Sheriffs ultimately cut me out after Louise Benally, from Big Mountain, agreed that it was OK for me to do so. I was charged by a sheriff for "trespassing" and "disorderly conduct."

How can I be "trespassing" on this site that is so sacred to me? This is my church. It is the Forest Service and Snowbowl who are violating human rights and religious freedom by desecrating this holy Mountain. Although an appeal is in the court system Snowbowl is attempting to undermine judicial process. Additionally, Snowbowl and the Forest Service are violating the 2004 Memorandum of Agreement (MOA) that was signed with Indigenous Nations. This MOA stipulates consultation must occur prior to any construction, this has not meaningfully occurred, if at has occurred at all. Not to mention, the Forest Service and Snowbowl are in violation of the Environmental Impact Statement, as they have followed none of the mitigation measures either. Their actions are far beyond "disorderly."

After my arrest and release, Mary Sojourner who is a local author and activist, confronted Forest Service and Coconino County Sherrifs. She walked up to the excavator in an effort to stop pipeline construction and was immediately cuffed and put into a police van.

Mary stated, "I took action not just for the Mountain, but for my friend, Klee Benally, who I saw chained to a monstrous extractor, the pipeline trenching machine that had been ripping into the mountain and the peaceful morning air as thirty of us prayed for the Mountain; and so that older women and men would see that one doesn't have to be young to stand up for a place and community that you love."

Rudy Preston, local Peaks advocate, was also arrested and charged with two counts of "disorderly conduct" and "trespassing".

Rudy offered this statement, "I feel like the world changed forever yesterday. Our actions on Nuvatukya Ovi (San Francisco Peaks in Hopi) have led to me seeing the true horrors perpetuated on the Indigenous cultures of our community every single day. Even without sewer water on the mountain, the desecration is a systematic perpetuation of genocide on local peoples for centuries and it is just as strong now as when peoples were forced onto the Longest Walk. My eyes will never again close to this injustice. And my body will not perpetuate it.
"

All that has happened in the last month was made possible by like-minded individuals taking action of all kinds. I hope that others move out of their comfort zone a bit and create actions that reflect their part in this. Not everyone can march in the streets, not everyone can lock down, not everyone has a car. But we all love the mountain and you don't need to wait for a 'known organizer' to tell you what to do next."

As I, Klee, was chained to the excavator I said, "This is not a game. This is not for show. This is not for media. This is to stop this desecration from happening."

While construction was only stopped for just about 2 hours, it was stopped nonetheless. This is power.
This is a power that we all share. If one person, three, six, or nine, can stand in the way of machinery and say "enough," imagine what would happen if it was every one of us who cared?

What is at stake is our prayers, our ways of life, our cultural survival. This is why this has to stop. This is why we say, 'No desecration for recreation, protect the peaks!'

For more info, action and to donate for jail support: www.indigenousaction.org or www.truesnow.org