Without Prejudice, Without Jurisdiction
by Darren Moore
ARRAIGNMENT
CASE DISMISSED
Dakota's Reflection
In a recent court hearing in the City of Fife, the prosecuting attorney moved to dismiss the charges against two Puyallup tribal members, Chester Earl and Dakota Case, without prejudice. Each man faced a single charge of Obstruction of Justice after their arrest a couple of weeks ago for standing in front of a truck involved in pipeline work for the Liquefied Natural Gas (LNG) plant that is under construction at the Port of Tacoma. The two men were arrested by officers from the City of Fife and taken to a private jail facility outside the reservation.
Chester, who had previously worked in the court system, argued that the charges should be dismissed with prejudice. However, the judge clarified that this would not be possible under double jeopardy laws. Ultimately, the judge dismissed the charges without prejudice, recognizing that the Fife court lacked jurisdiction over the men.
This outcome has been lauded by the Water Warriors and their supporters as a triumph for tribal sovereignty and jurisdiction. The City of Fife, which is entirely within the boundaries of the Puyallup Reservation, may have sidestepped a difficult conversation on the subject for now. It’s considered highly unlikely that the Puyallup Tribal Court will take up the charges, as tribal officers had declined to arrest the men at the time of their initial arrest.
This legal development comes on the heels of a series of direct actions and peaceful protests against the LNG facility, orchestrated largely by the Puyallup Tribe’s Water Warriors and their allies. Earlier events, like the blockade of machinery in May and the numerous marches and sit-ins throughout the summer, underscore the increasing tension between indigenous activists and corporate interests. The dismissal of charges adds another layer to this ongoing narrative, amplifying discussions on tribal sovereignty, and possibly serving as a precedent for future confrontations. It also raises questions about the legal complexities surrounding tribal land and jurisdiction, a topic that has been at the forefront of many Water Protector led actions.
Additional Information: Link to Ancestral Waters Documentary
First appearing on September 19, 2017, this article is part of an ongoing series documenting the Indigenous-led campaign against the Tacoma LNG facility.
The article has since been edited to remove time-sensitive elements, such as calls to action, in order to serve as an historical and educational resource. You can also explore other related articles and resources on the Ancestral Waters page for a more contextual understanding of the issues and events.
While the full “Ancestral Waters” documentary is available for screenings, we invite you to watch the trailer for a glimpse into the comprehensive story of resiliency and activism told in the film.Sep
