Skip to comments.Court orders American Indian to trial for shooting eagle
Posted on 05/11/2008 6:20:49 AM PDT by Zakeet
CHEYENNE, Wyo. - An American Indian who shot a bald eagle for use in a tribal religious ceremony must stand trial, a federal appeals court has ruled.
A three-judge panel of the 10th Circuit Court of Appeals in Denver on Thursday reversed a 2006 lower court ruling that dismissed a criminal charge against Winslow Friday, a Northern Arapaho Indian who has acknowledged shooting a bald eagle in 2005 during the tribe's Sun Dance.
In dismissing the charge, U.S. District Judge William Downes of Wyoming said the federal government has shown "callous indifference" to American Indian religious beliefs. Eagle feathers are a key element of ceremonies of the Northern Arapaho and many other tribes.
The appeals court ruled that American Indians' religious freedoms are not violated by federal law protecting eagles or the government's policy requiring American Indians to get permits to kill the birds.
"Law accommodates religion," the court said in its ruling. "It cannot wholly exempt religion from the reach of the law."
Friday declined to comment on the court's ruling. If convicted, he faces up to one year in jail and a $100,000 fine.
In his ruling, Downes said it was clear that Friday wouldn't have received a federal permit to kill an eagle if he had applied for one.
The judge wrote that the Fish and Wildlife Service has encouraged American Indians to apply to receive eagle parts from a Colorado repository that holds the remains of birds killed by power lines and other causes. He said the agency makes no effort to encourage American Indians to apply for permits to kill birds of their own.
(Excerpt) Read more at news.yahoo.com ...
Winslow Friday, a Northern Arapaho tribal member who admitted killing a bald eagle in 2005 for use in a religious ceremony, makes his way into the 10th Circuit Court of Appeals at the Federal Courthouse in Denver. A member of the Northern Arapaho Tribe who killed a bald eagle for use in his tribe's Sun Dance in 2005 must stand trial, a federal appeals court ruled.
The “tribal nation” within a nation concept doesn’t work. Either you’re an American or you’re not.
Redskins vs. Eagles bump
“The whole aim of practical politics is to keep the populace alarmed-and thus
clamorous to be led to safety-by menacing it with an endless series of
hobgoblins, all of them imaginary.”-H.L. Mencken
Don't bet on it.
In anticipation of the North American Union,
I officially seceded from the USA.
My land within the borders of the United States is now officially recognized by the United Nations
as the "Grand Duchy of Earl"
Yes, I am the Duke of Earl.
Just so everyone understands, it’s OK for a Moslem to behead his sister in an honor killing, but let this guy smoke a bird....
That’s it — E Pluribus Unum and all. Otherwise we’ll have to honor Muzzie traditions that include — washing feet anywhere they want to; headscarves; muzzeins; chopping heads; blowing up folks for Allah, etc.
I thought they had to climb up a cliff and grab the eagle by the feet and kill it bare handed in order for it to count???
And I am Baron of Graymatter.
Yeah, and it seems to be working on all these sheeple...
It's amazing that indians carry out ancient traditional beliefs with modern European technology and expect to be believed as sincere. Thow him in jail
Oedipus, is that you?
No. I’m not Nadine either.
Back in the late '80's I worked with a guy who had hunting cabin in Northern Wis. A hunting acquaintance of his, a Wis resident, was busted with a Bald Eagle feather. He got a $10,000 fine.
IIRC the guy was suspected by the Wis DNR of hunting Doe, or maybe Spotlighting(?). In any case they found the Eagle feather in his cabin and that was it for him.
Don’t we have tons of those eagles again? So what if he kills one.
Damn! Do I have to quit calling you Ricky, now, your Grace?
Yes. The bald eagle was removed from the list of endangered and threatened wildlife last year. There's no justification for jailing this guy.
Not until the real Duke passes on:
It may be constitutional, but that does not mean it works
It may be constitutional, but that does not mean it works
Everyone knows that "indigenous pipples" are just another predator, and we don't judge predators unless they're human (ie, rednecks named Clem). [/sarcasm]
Jews were historically an exiled Theocratic nation amongst other nations. Until a couple hundred years ago the Rabbinate and Rabbinic Courts had civil authority over Jews.
I say it's time to bring it back!
Great, now Jim is going to get a subpoena for your IP address and your ISP will get one for who was using it at the time.
Indians are allowed to posses eagle feathers, but killing the eagles is still a no-no.
Us Far superior Whites could take a lesson from our just removed from stoneage Indians, no joke.
Yes I'm aware of that, I should have clarified my post.
The guy I heard about up in Wis. getting fined was not an Indian.
Rightfully so IMO. I've seen one Bald Eagle in real life, close up at Brookfield Zoo outside Chicago. A truly beautiful bird.
A friend of mine (Sioux from the Prarie Island rez in MN) is in trouble with the feds for this: http://www.youtube.com/watch?v=2_HRyAG2xqU
The stuff he used is legal, but the blast set off seismographs at a nuke plant nearby.
I wish I was there that day to see it.
Indians kinda want left alone and get pretty hot when white govt starts telling them hunting/fishing regulations. They ignore the govt then. Last year, some new fed guy started on about spring duck hunting; he was silenced pretty quick so as not to start trouble. He just didn't know no better and thought Alaska was just like California I guess.
Actually, Indians pretty good decent sharing people once you get past the probs many seem to have with booze. You just can't start judging them like white people, or you will hate all of them; which ain't right. I live about a mile past the Indian Village, so spend some time with them. No joke, I'd rather be around most Indians than rural Whites; they just don't think like we do. They're OK in my book and I'd prob be the first to give them benefit of doubt everytime, cause I have seen the good in the village too.
Where’d ya git my pixture?