WI - Jason Pero, 14, shot & killed by police, Ashland County, 8 Nov 2017

[scmom]

So if I live on the reservation and at 3pm on a Friday someone breaks into my house and tries to rape and kill me, I’m supposed to call 911, but the LEO who show up to the scene can’t do anything to the perp bc they don’t have the legal right to act bc the crime scene is on a reservation? And they are going to watch this person murder me bc the tribal department won’t reopen until Monday at 8am?? How is that safe for the residents that live on the reservation?


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Doesn't make a bit of sense does it?

 

[bears10]

Doesn't make a bit of sense does it?

Not to me. I’m a woman who lives where a serial killer has been on the loose for years. If god forbid I needed LE to save me, but they didn’t because either 1) the police department was closed for the weekend 2) LE shows up but says “sorry, we legally can’t help you” or 3) “well we may be able to help you but if we do, we might be really scrutinized for engaging a perp in this jurisdiction.... well that’s not really comforting.


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[Karinna]

Thanks for the condescending response, but the summary you found does not simplify it for me. Laws change all the time. Just because it was written into congress 35 years ago doesn’t mean it’s the same today. Then why do LE agencies respond to 911 calls originating on the reservation if they are going to risk lawsuits for doing so? Because it seems up for interpretation what state LE is allowed to act upon on reservations. Which is completely understandable if they aren’t allowed to respond or act at all.


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I wasn't being condescending, but you stated you didn't understand my post so i said i will try and simplify it it for you so maybe you would understand what i was saying is all.

 

[bears10]

I wasn't being condescending, but you stated you didn't understand my post so i said i will try and simplify it it for you so maybe you would understand what i was saying is all.

Thanks. But I asked you to ELI5, and copy and pasting from a different legal website was just giving me a different legal explanation with different legal jargon. if you could ELI5 (explain like I’m 5) in your own words, dumbed down for a dummy like me, it would be much appreciated.


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[Karinna]

I think what people are not understanding is how Tribal laws are dealt with by Tribal police and courts and how the State has some jurisdiction with tribes in some circumstances and not others. It's different living on a reservation than being a citizen in the usual way, in that there are laws that prevent state police interfering with tribes business on tribal lands in certain circumstances, but in criminal matters not so much.

 

[Karinna]

Thanks. But I asked you to ELI5, and copy and pasting from a different legal website was just giving me a different legal explanation with different legal jargon. if you could ELI5 (explain like I’m 5) in your own words, dumbed down for a dummy like me, it would be much appreciated.


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I paraphrased from the exact same link i posted up previously, and not a different one.

 

[Karinna]

(quote)

How many tribal courts are there in Wisconsin?

There are 11 federally recognized Indian tribes in Wisconsin:

Bad River Band of Lake Superior Chippewa Indians
Forest County Potawatomi Community
Ho-Chunk Nation
Lac Courte Oreilles Band of Lake Superior Chippewa Indians
Lac du Flambeau Band of Lake Superior Chippewa Indians
Menominee Indian Tribe
Oneida Tribe of Indians of Wisconsin
Red Cliff Band of Lake Superior Chippewa Indians
Sokaogon Band of Lake Superior Chippewa Indians
St. Croix Band of Lake Superior Chippewa Indians
Stockbridge-Munsee Community

All tribes have justice systems. Ten tribes have justice systems called courts. The Oneida Tribe does not call its system a court but it functions as a court. The Ho-Chunk Nation, in addition to a Western-style court, also has a traditional court based on the clan system. Learn more about each tribe's courts by clicking the links above.
http://wtja.org/faqs.php

 

[bears10]

I think what people are not understanding is how Tribal laws are dealt with by Tribal police and courts and how the State has some jurisdiction with tribes in some circumstances and not others. It's different living on a reservation than being a citizen in the usual way, in that there are laws that prevent state police interfering with tribes business on tribal lands in certain circumstances, but in criminal matters not so much.

The tribes own website said that state LE handles the criminal issues, so I don’t understand how state police would be interfering by responding to a 911 call on the reservation. The bad river website says they have a counsel that handles civil issues but state LE handles criminal. What am I missing??


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[Karinna]

Wisconsin Criminal laws apply on reservations and Civil laws do not.
So was the shooting death of Jason Pero a criminal matter initially before the LEO confronted him or was it a Civil matter initially of a teenager walking and carrying a knife?

 

[Karinna]

The tribes own website said that state LE handles the criminal issues, so I don’t understand how state police would be interfering by responding to a 911 call on the reservation. The bad river website says they have a counsel that handles civil issues but state LE handles criminal. What am I missing??


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I am wondering why it wasn't dealt with by Tribal cops too? Maybe we will hear more about that in the investigation?

 

[EuTuCroquet?]

Wisconsin Criminal laws apply on reservations and Civil laws do not.
So was the shooting death of Jason Pero a criminal matter initially before the LEO confronted him or was it a Civil matter initially of a teenager walking and carrying a knife?

This is the crux of the issue, imho. Thank you for your post, Karinna.


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[bears10]

I am wondering why it wasn't dealt with by Tribal cops too? Maybe we will hear more about that in the investigation?

Hopefully we will. If it shouldn’t have been dealt with by state law enforcement, then the 911 call probably shouldn’t have been directed to state police.

Again, it seems the tribal cops are available during business hours some days of the week. Is this a tribal police force that is equipped to deal with criminal activity? Why didn’t the 911 call go directly to the tribal police force? I can’t find much info on their police force so idk.


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[bears10]

Wisconsin Criminal laws apply on reservations and Civil laws do not.
So was the shooting death of Jason Pero a criminal matter initially before the LEO confronted him or was it a Civil matter initially of a teenager walking and carrying a knife?

Well apparently Jason said the person walking around with a knife was a man, not a teenager. He called 911, so I think it’s natural that state LE responded. I am not sure how 911 calls get directed but I think it’s safer for residents to have state LE respond to 911 calls if tribal police are only available during biz hours mon-Thursday.


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[Karinna]

Hopefully we will. If it shouldn’t have been dealt with by state law enforcement, then the 911 call probably shouldn’t have been directed to state police.

Again, it seems the tribal cops are available during business hours some days of the week. Is this a tribal police force that is equipped to deal with criminal activity? Why didn’t the 911 call go directly to the tribal police force? I can’t find much info on their police force so idk.


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Is there a link with the working hours of the Tribal police on this particular reservation?
I have no idea why it was dealt with by state LE? No one knows why Jason was walking with a knife? His family member said he didn't have a knife only his cellphone?

 

[bears10]

This is the crux of the issue, imho. Thank you for your post, Karinna.


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If it was a civil matter then the state LEO shouldn’t have been told to respond to the call. It would have been handled by tribal police. Based on the tribes website. But I think a 911 call that someone is walking down the street with a knife in hand is reason for state police to respond. They had no idea if he was a felon who wasn’t permitted to carry a knife, or if he was going to kill someone.

I just imagine a thread here about a teenager who kills a woman with a knife bc LE didn’t take a neighbors 911 call seriously enough to respond. People would be infuriated at LE and placing the blame on LE for not responding. Damned if you do, damned if you don’t.


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[Karinna]

Well apparently Jason said the person walking around with a knife was a man, not a teenager. He called 911, so I think it’s natural that state LE responded. I am not sure how 911 calls get directed but I think it’s safer for residents to have state LE respond to 911 calls if tribal police are only available during biz hours mon-Thursday.


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I would like to hear the 911 call.

 

[bears10]

Law Enforcement


Mission Statement
“The Bad River Police Department serves the community within the Bad River Reservation by helping build a stronger community through police protection and service while instilling a sense of unity and treating all with respect, dignity, and compassion”.

Office Hours 8am-1pm Mon-Thursday
Please do not call the office if you request an officer, for an emergency call 911, non emergency call the Ashland County Dispatcher @ 715-682-7023.



Chief, Scott Holmen,
Office 715-682-7111 ext 1569
Fax 715-685-2607
[email protected]
Sergeant, Mark Campy
Office 715-682-7111 ext 1571
[email protected]
Patrol, Caryn Krupa
Office 715-682-7111 ext 1571
[email protected]

Patrol, Luke Wozniak
Office 715-682-7111 ext 1571
[email protected]

Administrative Assistant, Jean Haun-Thomas
Office, 715-682-7111 ext 1568
[email protected]

Office Hours 8am-1pm Mon-Thursday
Please do not call the office if you request an officer, for an emergency call 911, non emergency call the Ashland County Dispatcher @ 715-682-7023.

http://www.badriver-nsn.gov/2013-08-14-17-05-42/law-enforcement

Maybe this will explain why the county was called.

It’s not bringing forward the whole post but if you refer to this OP that’s where the hours come from.


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[bears10]

Is there a link with the working hours of the Tribal police on this particular reservation?
I have no idea why it was dealt with by state LE? No one knows why Jason was walking with a knife? His family member said he didn't have a knife only his cellphone?

Alan Pero said the uncle doesn’t know why or how the boy left the house but he took a dull butcher knife with him.

https://www.google.com/amp/fox6now....en-was-home-with-flu-before-deputy-fired/amp/


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[HoneyWest]

I am wondering why it wasn't dealt with by Tribal cops too? Maybe we will hear more about that in the investigation?

Karinna, you've done a great job explaining PL280, thank you. It only applies to 6 states in the US and is confusing to those who live in those states and complicates the jurisdiction of Indian Country even further.

That said, I doubt the tribal police will be involved. It's a shame because had a tribal cop shown up after the call, this boy would be alive.

 

[bears10]

Karinna, you've done a great job explaining PL280, thank you. It only applies to 6 states in the US and is confusing to those who live in those states and complicates the jurisdiction of Indian Country even further.

That said, I doubt the tribal police will be involved. It's a shame because had a tribal cop shown up after the call, this boy would be alive.

Doesn’t it apply in Wisconsin? Can you give insight into why the 911 call wasn’t directed to the tribal police but instead the state police? Maybe you can give some insight and explain to the rest of us about US LE responding to calls on reservations. It would be helpful to hear from someone who has firsthand knowledge. I’m only assuming you do bc of previous posts and mean no offense.


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