Bizarre dog killing exposes limits to cross-deputization agreements in wake of McGirt ruling

By Curtis Killman

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    OKLAHOMA (Tulsa World) — The woman was adamant after the Chevrolet Suburban in which she was riding was stopped by a Tulsa Police officer.

The officer had pulled the vehicle over one day last fall because it matched the description of one witnesses said was associated with an attempted robbery that had just occurred inside a Walgreens store.

The woman repeatedly stated to Tulsa Police that they had no jurisdiction over her because she was Native American, records show.

Less than two months later, a Broken Arrow man came home to find his two Boston terriers dead or near death. A neighbor’s two German shepherds had broken through a 6-foot privacy fence separating their backyards. The dogs entered the man’s home through a doggie door while he was gone and attacked his Boston terriers, leaving them fatally injured, according to a police report.

Broken Arrow Police and a city Animal Control officer responded to the dog attacks, but the owner of the German shepherds ordered city workers off his property, claiming Broken Arrow didn’t have jurisdiction over him because of his tribal heritage, records show.

These are just two examples of the myths and struggles taking place across eastern Oklahoma since the U.S. Supreme Court’s 2020 McGirt decision.

The landmark ruling, which reaffirmed that Congress had never disestablished the Muscogee Nation reservation, meant the state of Oklahoma doesn’t have jurisdiction to prosecute criminal cases involving Native Americans in much of the eastern half of the state. Those cases now must be brought in either federal or tribal court.

Since the McGirt ruling was issued in July 2020, tribes impacted by the decision have filed over 10,000 criminal cases, according to an informal Tulsa World survey. But many of those cases would not have been possible were it not for a program that was already in place.

The program, called cross-deputization, permits authorities from various local law enforcement agencies to jointly enforce tribal, state and federal laws.

Such agreements are common now across the state.

‘No crime that we could enforce’ For Valerie Bowman, who was in the Chevrolet Suburban stopped by police, the McGirt decision didn’t mean what she had hoped it would.

After the officer detained everyone in the vehicle, he broke the bad news to Bowman.

“It was explained to Bowman that all Tulsa Police officers are cross-deputized with the Muscogee Nation Lighthorse and Cherokee Marshals,” according to a criminal complaint filed Oct. 22 in Tulsa federal court.

Bowman, a member of the Muscogee Nation, pleaded guilty Jan. 7 to five counts in a six-count indictment that charged her with robbery in Indian Country. In one of the robberies Oct. 2, Bowman admitted to spraying a Tulsa Dollar General cashier with bug poison before grabbing cash from the till and running away.

But for the Broken Arrow man whose dogs were killed, no criminal charges have been brought against the owner of the German shepherds, nor will they ever, tribal officials confirmed to the World.

A police report of the Dec. 1 incident indicates the Muscogee Nation lacks a criminal law that would apply in a situation involving dogs attacking and killing another person’s pets. A Broken Arrow police supervisor learned that fact when he contacted tribal authorities about the case.

“Muskogee (sic) Creek Nation informed him that there is no crime that we could enforce in this situation,” the report states.

Indeed, while many cities have laws against allowing a dog or cat to roam at large, harboring a vicious animal or possessing a large number of domesticated pets, no such laws exist at the Muscogee Nation, a Tulsa World review of the online tribal crime code indicates and confirmed Thursday by the tribal officials.

Tribal law says a “mischievous” animal slaying of a person is a felony for the animal’s owner, but no code addresses the killing of other domesticated pets or the issue of a dog roaming at large.

“In many cases, our laws do not mirror those of Oklahoma nor the widely varied laws of individual municipalities, like Broken Arrow,” the Nation wrote in response to questions posed by the Tulsa World about the incident. “Within the scope of our current laws, the Muscogee (Creek) Nation Attorney General’s Office is considering all legal avenues to address this tragic situation and to provide for the ongoing safety and security of all Oklahomans.”

The Nation said it has initiated eviction proceedings against the owners of the German shepherds, as the residence is tribally owned, but in the end the Nation concedes the only way John Travis may get justice is through the civil courts.

“The Nation is looking at ways to immediately cover omitted areas of law and, in the long-term, expand its tribal laws to cover any criminal subjects where our current tribal laws may be silent,” the Nation said in a statement.

‘Sorry, buddy, I’m cross-deputized’ Meanwhile, the Nation said it would continue to partner with municipal leaders and, through cross-deputization, with law-enforcement agencies within the boundaries of its reservation.

The Muscogee Nation said it currently has 63 cross-deputization agreements with entities within its sovereign boundaries.

“We view cross-deputization agreements as an important part of working collaboratively in support of public safety for everyone,” the Nation said.

Indeed, since the Supreme Court issued its ruling finding that the Muscogee Nation reservation still existed, such beliefs — that a local nontribal law enforcement officer didn’t have jurisdiction over an American Indian within Indian Country — appear to have mistakenly increased with it.

Tulsa District Attorney Steve Kunzweiler, in an interview last week, said suspects will say almost anything to avoid arrest.

“The people who are committing crimes are going to try to find a way to get out of it, so I’ve heard those anecdotal stories of people who are pulled over by a local municipal agency who claimed the officer didn’t have the authority,” Kunzweiler said. “But the officer said, ‘Sorry buddy, I’m cross-deputized, so I have the ability to do that kind of work.’”

Kunzweiler described cross-deputization agreements as a useful tool for law enforcement agencies.

“Any nontribal law enforcement agency can enter into cross-deputization agreements with tribal authorities,” Kunzweiler said. “So they have the authority to investigate and make arrests of individuals who may commit a crime that they subsequently determine to be Indian,” Kunzweiler said.

As an example, Kunzweiler said a nontribal police officer who is cross-deputized with the tribe whose reservation they patrol can arrest a tribal member suspected of drunk driving.

“The risk to public safety is enormous if officers do not have the authority to make those public safety decisions,” Kunzweiler said.

Broken Arrow City Manager Michael Spurgeon said in an interview last week that all of the city’s police officers are cross-deputized with the Muscogee Nation Lighthorse.

Spurgeon has nothing but compliments for the Muscogee Nation and Principal Chief David Hill.

He said the tribe has “bent over backwards” to work with Broken Arrow officials while he has been city manager.

“We literally communicate with them on a weekly basis,” Spurgeon said.

Asked about the tribe’s handling of the dog attack case since Broken Arrow Police forwarded their incident report to the Nation, Spurgeon was again conciliatory.

“I’m confident they are doing everything they can to address that situation,” Spurgeon said.

The city manager said it is vital that both governments work together, especially in the post-McGirt world.

“We have to work together because we are serving the same citizens,” Spurgeon said.

‘I had no idea what it meant’ For Travis, whose dogs were killed, talk of cross-deputization agreements is of little comfort.

He filed a civil lawsuit against his neighbor shortly after the incident.

His attorney in the case, Tony Allen, said his client had little choice.

“Mr. Travis’ situation is one where he’s in a limbo area where there’s nothing criminally that, it appears, could happen,” Allen said. “That’s why we decided to pursue the civil suit.”

The lawsuit, filed in Tulsa County District Court, alleges civil trespass, creation of a nuisance, property damage and infliction of emotional distress in a petition that seeks a judgment in excess of $75,000 and an order declaring the dogs to be “dangerous” or a “nuisance.”

Travis, in an interview with the World, said it’s been difficult to get over the tragedy.

Lucy and Katy, the 5-year-old pets Travis said he has owned since they were 8 weeks old, were “my family.”

“It’s been a month and half, and nothing’s been done,” Travis said. “The people are still there. The dogs are still there. It’s a bad situation.”

Travis said he doesn’t hold any ill-will against Broken Arrow police officers, saying their hands were tied by the situation.

“Before all this happened, I had heard about McGirt, but I had no idea what it meant to us or how it would affect us,” Travis said. “It’s kind of like we’ve got people living amongst us that have a different set of laws to live by almost.”

The owner of the German shepherds could not be reached for comment.

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