Rosebud Sioux Tribe Law Enforcement Blatantly Exercising Selective Enforcement

 The Rosebud Sioux Tribe Law Enforcement Services is at it again with serious misconduct of selective enforcement.  Does selective enforcement of the law constitute Civil Rights violations?  I firmly believe so.  Well again, I was contacted by three Rosebud Sioux Tribe Law Enforcement sworn personnel.  The information they disclosed to me was very troubling and potentially criminal in nature.  I took the time in the past two days to do some investigating and follow up with the unnamed law enforcement personnel to validate the information pertaining to blatant selective enforcement.

Through the information provided to me by the frustrated law enforcement personnel, the incident occurred on or around November 1, 2021 in the Okreek Community.  I was informed an immediate family member of the Rosebud Sioux Tribe Law Enforcement Chief Administrator was shooting a firearm in the community.  The serious nature of the incident with a firearm involved, required several Rosebud Sioux Tribe law enforcement personnel to respond to the firearm call.  Based on the information told to me, I would conclude to be reliable sources stated, the immediate family member of the RSTLES Chief Administrator was in fact shooting a firearm in the community.  Several witnesses in the community have first hand knowledge of this incident.

I was informed the RSTLES Chief Administrator was aware of the incident and he was even on scene.  The immediate family member of the RSTLES Chief Administrator pointed the firearm at Rosebud law enforcement personnel and then fired a shot in the air.  This led to RSTLES sworn personnel to draw their duty weapons.  At some point, the RSTLES Chief Administrator tackled his immediate family member to end the firearm incident.  Some would believe this was a brave act, but through the investigation I uncovered several factual procedural violations and what looks like a serious cover up.

First of all, the RSTLES Chief Administrator is deemed civilian personnel and in order to be sworn personnel you have to complete an accredited basic law enforcement training program.  This basic training program has to be approved by the Federal Law Enforcement Training Center, Department of Interior, and the Bureau of Indian Affairs.  This language is in the Rosebud Sioux Tribe Public Law 93-638 Law Enforcement Contract.  So per the Public Law 93-638 Rosebud Sioux Tribe Law Enforcement Contract and the Bureau of Indian Affairs/ Rosebud Sioux Tribe Law Enforcement Handbook prohibits non-sworn uncertified civilian personnel to be on law Enforcement scenes.

Language in the P.L. 93-638 Rosebud Sioux Tribe Law Enforcement Contract requires an incident like this to immediately have a Serious Incident Report sent to the Bureau of Indian Affairs District 1 Law Enforcement in Aberdeen, SD.  Based on the facts shared with me, the firearm being pointed towards sworn Law Enforcement personnel again, per the P.L. 93-638 Rosebud Sioux Tribe Law Enforcement Contract language require a Notice of Allegation.   This Notice of Allegation language in the P.L. 93-638 Law Enforcement Contract requires the Notice of Allegation be sent to the Bureau of Indian Affairs District 1 Law Enforcement, the Pierre FBI, and the Pierre United States Attorney's Office.  A Notice of Allegation is a Federal form for reporting a potential Federal Offense.

If you take the time to read the Rosebud Sioux Tribe P.L. 93-638 Law Enforcement Contract you will clearly see this mandated language.  I say mandated because it's considered LAW, legal language in a Federal Contract between the Department of Interior Bureau of Indian Affairs and the Rosebud Sioux Tribe.  This Federal Contract is associated with the Indian Self-Determination and Education Act.  The legal language is all in the Federal Contract and is agreed upon by the Department of Interior Secretary of Interior and the Rosebud Sioux Tribe.

All the activity in this serious incident required some sort of use of force by Rosebud Sioux Tribe Law Enforcement.  Their are many types of use of force within law enforcement.  It could be using physical hands on training techniques, use of non-lethal equipment, or use of a duty firearm.  Use of force with a law enforcement duty weapon is removing the weapon from the holster or a long rifle from its secured location.  Per law enforcement training, law enforcement firearms training, and the Bureau of Indian Affairs and Rosebud Sioux Tribe Law Enforcement Handbooks have a section on Use of Force.

With that, the law enforcement handbook requires any type of use of force be documented on what is referred to as a use of force report.  Every use of force incident requires a use of force report per law enforcement policy.  Again, if you read the law enforcement policy you will clearly see the language regarding use of force and how it is mandated to be reported.  In this whole incident use of force was used by non-sworn law enforcement personnel during a serious incident report.  I question if the non-sworn law enforcement personnel completed an incident report, use of force report, completed a Serious Incident report to the BIA District 1 Law Enforcement. 

Can you see the serious Federal contractual non-compliance issues here.  If the non-sworn law enforcement personnel completed all the mandated Federal contractual reporting, the BIA would have raised some serious issues pertaining to the incident.  Im going to assume and I could be wrong, if I'm wrong I will admit I made a mistake, but the evidence supports facts, no Notice of Allegation was completed and no Serious Incident Report was reported to BIA District 1 Law Enforcement for the very fact this was the RSTLES Chief Administrator's immediate family member.  The evident supports the facts for the following reasons.

If you read the P.L 93-638 Rosebud Sioux Tribe Law Enforcement Contract it contains the Chief Administrator job description.  You can also get a copy of the Chief Administrator's Job description for the Tribe it's also public information in relation to the Federal Contract.  The Chief Administrator position requires at a minimum, eight years of Law Enforcement experience and five years of supervisory experience in law enforcement in the sworn role.  The BIA failed it's trust responsibility miserably by allowing the Tribe to hire someone who does not even come close to the minimum requirements of the Chief Administrator position.  

This is why things like this occur is because lack of experience.  With the BIA failing its Trust Responsibility they are liable for the fallout in situations like this.  I'm only stating facts, and that fact is between the the Captain of Police, and all the Special Agents, you have over 50 years of Law Enforcement experience.  You also have over 50 years of P.L. 93-638 Rosebud Law Enforcement Contract experience in contractual compliance.  So why did they allow this to happen.  All the experienced personnel who ever held an administrative or supervisory position are all just as guilty in conspiring to cover this matter up.  

I looked on South Dakota Federal Court News, I searched from present day back to November 1, 2021 for all Assault on Federal Officer related Federal Indictments and sentencing.  Feel free to do the same research I did and you will find the same facts I found.  Within that timeframe I found, four indictments in Federal Court for Assault a Federal Officer and four Tribal Members were sentenced for Assaulting a Federal Officer.  Rosebud Sioux Tribe Sworn law Enforcement personnel are deemed Federal Officers for the purpose of the funding source through P.L. 93-638 pays Rosebud law enforcement salaries.  So for all practical purposes that how Rosebud law enforcement is deemed Federal Officers for that purpose only.  Some of them may also hold Special Law Enforcement Commissions too.  This allows them to enforce Federal Law in for legal terms "within Indian Country."

Then the same Officer Handbook has a section related to procedures how to handle family members while performing law enforcement duties.  I recall many years ago, a law enforcement officer reported a family member being assaulted by the family members spouse.  I responded to the call the the law enforcement officer was on scene with me.  I located the person and the officer assisted me to affect an arrest.  This officer received a disciplinary action for violating the Officer handbook section pertaining to procedures of dealing with family members.   Are some individuals above the law here?  the law and law enforcement rules don't apply to them?

So you see, this is a prime example of blatant selected enforcement being exercised by Rosebud Sioux Tribe Law Enforcement personnel.  It would seem the immediate family member would get the same treatment of the eight Tribal Members who were Indicted and sentenced in Federal Court.  I would think the Supervisory Special Agent would have fulfilled his law enforcement duty with integrity and treated the Chief Administrator's immediate family member the same way he treated the other eight Tribal Members. However, the RSTLES Supervisory Special Agent chose to conspire to cover this matter up yet throw the other Tribal Members to the Federal wolves.

Come on Mr. President, according to the Rosebud Sioux Tribe Constitution and By-Laws, Article 1- Duties of Officers, President, you supervise all Tribal Employees and SELECTIVE LAW ENFORCEMENT is going on and happening under your watch.  Again, the Rosebud Sioux Tribe Attorney General has failed Tribal Members time and time again.  The Rosebud Sioux Tribe Attorney General Ordinance 88-01 states, the Attorney General will review all evidence BEFORE it is forwarded to the Federal System.

This incident constitutes an immediate complaint to the Bureau of Indian Affairs Division of Professional Standards aka Internal Affairs Division.  I will file a Freedom of Information Act request with the Bureau of Indian Affairs, FBI, and US Attorney's Office in Pierre, SD for a simple yes or no this above matter was properly and procedurally reported to them just like all other alleged Assault of a Federal Officer reports.  Tribal Members are demanding accountability, equal opportunity and application of the law, accountability for selective enforcement of the law, and most importantly, consequences for CIVIL RIGHTS VIOLATIONS.  Do you think the other four Tribal members who were not sentenced yet deserve this information pertaining to the cases against them?  I BELIEVE THEY DO.

You see in investigating a case, its law enforcements job to report the good, bad, and ugly of the case.  Sometimes the good, bad, and ugly complicates a case.  The complications may led to the case not being prosecuted but ethically that's how you investigates cases.  You don't just report the what law enforcement sees as good and leave out the bad and ugly, this is called violating someones due process and civil rights.  Then Rosebud law enforcement goes as far to blatantly exercise selective enforcement and sweep things under the rug and expect us Tribal members to swallow that pill.  Those days have come and gone, in this day and age you nationally see law enforcement personnel being held criminally accountable for corruption such as selective enforcement.  

So if you want to be upset with me then be upset with me, if you want to attempt to discredit me then feel free to do so, if you want to yell at me, it comes along with exposing corruption.  Evidence is supported by facts we Tribal members are not stupid, we are smart, we have Civil Rights, you are violating our Civil Rights, and we have a voice and we are going to use it.  You all wear a patch on your shoulder, that patch has a meaning and it's not there for decoration.  That patch says, Sicangu Nation Akicita.  You are protectors for us Tribal Members you are suppose to protect us not violate us.  Protecting us is a honor a responsibility, not just a big paycheck and look at us as less human.  REMEMBER THAT!

Respectfully,

Hawkeye Waln