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Oklahoma law enforcement officials criticize 'rogue' tribal police force

Oklahoma law enforcement officials criticize 'rogue' tribal police force

Kevin AbourezkDec 4, 2024

A police cruiser belonging to the Cherokee Nation Marshal Service is shown here. (Photo by Chad Hunter, Cherokee Phoenix)

Thirty-two Oklahoma law enforcement officials signed a letter calling on the United Keetoowah Band of Cherokee Indians' police department to cease attempting to exercise criminal jurisdiction over the entire Cherokee Nation Reserve

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Kevin Abourezk

ICT

Thirty-two Oklahoma law enforcement officials, including the Cherokee Nation Marshal Service, issued a letter Tuesday warning about a threat from the United Keetoowah Band of Cherokee Indians, which those officials say is undermining their ability to “hold criminals accountable and keep communities safe.”

The law enforcement officials who signed the letter include law enforcement agencies across the reservation, including 13 county sheriffs and 18 municipal police departments. In the letter, they allege the United Keetoowah Band’s Lighthorse Police are patrolling the entire 7,000-square-mile Cherokee Nation Reserve, though they lack jurisdictional authority to do so.

“Absent any legal rights or authority, the UKB (United Keetoowah Band) is running their Lighthorse outside of their jurisdiction,” the letter reads. “Their rogue Police force’s illegal actions puts the public safety of all Oklahomans at risk.”

The law enforcement officials allege that the United Keetoowah Band’s police force has made traffic stops and investigated crimes on the Cherokee Nation Reserve, disregarding the joint agreements between local sheriffs, municipalities and prosecutors that have “provided public safety and accountability for generations.”

“Cherokee Nation is committed to protecting our community and preserving our tribal sovereignty, treaty rights, Reservation, and citizens. We must stand together to protect our rights,” said Cherokee Nation Principal Chief Chuck Hoskin Jr. in a news release. “Cherokee Nation is the sole holder of our treaties with the United States, and we possess exclusive tribal jurisdiction over our Reservation.”

The United Keetoowah Band of Cherokee Indians did not respond to requests for comment in time to include their statements in this article. In a Facebook post on Oct. 31, the tribe defended its right to make arrests within "Cherokee Territory," along with the Cherokee Nation Marshall Service and other law enforcement agencies located on the Cherokee Nation Reserve.

"This has sparked a broader question regarding whether the two Tribes share jurisdiction within the Cherokee Territory, an issue that will ultimately be addressed by the Federal Courts. But as a precursor to that court case, both Tribes await Interior’s answer to the question," the tribe stated.

"If you are sick of reading statements defending our well-documented legitimacy, imagine how sick of writing them we are. And imagine how awful it is to read misinformation attempt after misinformation attempt put out by another federally recognized Cherokee Tribe. As we have done in the past we will do so again, inviting the Cherokee Nation of Oklahoma to the table, to work directly with each other to ensure the safety, wellbeing and property for the whole of the Cherokee people in Oklahoma."

The letter published Tuesday by the 32 law enforcement officials described a specific case involving a person alleged to have been driving while intoxicated who was stopped and arrested by a Lighthorse police officer. Later, after the driver had been charged with a DUI, his attorney requested that all evidence related to the traffic stop be suppressed because the arresting officer lacked jurisdictional authority to conduct the stop. The case was eventually dismissed because the lack of jurisdictional authority by the arresting Lighthorse police officer.

“This DUI case in Tahlequah underscores the threats to public safety across the Cherokee Nation Reservation,” the law enforcement officials said in the letter.

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The officials offered several possible scenarios in which the Lighthorse police force’s actions could result in violations of people’s civil rights. By arresting alleged perpetrators without authority to do so, the Lighthorse officers are illegally detaining those individuals, the law enforcement officials said.

In addition, other arriving law enforcement authorities will have to address the actions of Lighthorse officers who are pretending to be legally authorized to arrest and detain people, in addition to investigating the original alleged crime, the officials said.

“As you all know, public safety stops, or alleged crimes can be charged environments and introducing fake, armed police can only serve to ratchet up the temperature of those situations,” the officials said in the letter.

The officials added that by investigating alleged crimes without authority to do so the Lighthorse police department is creating legal roadblocks to ensuring criminals are held accountable

“Whether a crime was committed by your constituent or not, the evidence and interaction between the person impersonating an officer and your constituent will be rightfully questioned in whatever court any alleged charge is filed,” the officials said in the letter. “These jurisdictional issues could easily put criminals back on the streets, jeopardizing public safety.”

Cherokee Nation Marshal Shannon Buhl (Photo courtesy of Cherokee Nation)

The Cherokee Nation Marshal Service plans to order any Lighthorse officers who attempt to exercise legal authority in places where the marshal service holds sole jurisdictional authority to leave the scene or risk possible criminal prosecution under Cherokee Nation law, the letter states.

The non-Cherokee Nation law enforcement officials who signed the letter stated they also will ask Lighthorse police officers to leave the scene of any incidents where they hold sole or joint jurisdiction with the Cherokee Nation.

“Failure to immediately vacate the scene will subject the UKB (United Keetoowah Band) Lighthorse to potential criminal prosecution under Cherokee Nation law and potentially Oklahoma law,” those officials stated in the letter.

To prevent further jurisdictional problems, the Cherokee Nation launched a website, CherokeeFacts.com, that shares the definitive history of Cherokee Nation.

Cherokee Nation Marshal Shannon Buhl recently wrote an editorial about the problems with the United Keetoowah Band’s Lighthorse Police department. In addition, Hoskin and Cherokee Nation Attorney General Chad Harsha sent a letter to federal officials echoing the law enforcement officials’ concerns about the Lighthorse Police department.

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By Kevin Abourezk

Kevin Abourezk is a longtime, award-winning Sicangu Lakota journalist whose work has appeared in numerous publications. He can be reached at kevin@ictnews.org.

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