close
close

As the U.S. targets those missing or dead in Native communities, prosecutors are working to solve their cases

ALBUQUERQUE, NM – It was a cold winter morning when authorities found a dead Native American on a remote gravel road in western New Mexico. He was lying on his side with only one sock on, his clothes were gone and his shoes were in the snow.

There were traces of blood on both sides of his body and it appeared he had been hit in the head.

Investigators retraced the man’s steps and collected surveillance camera footage that showed him walking near a grocery store miles away in Gallup, an economic hub in an otherwise rural area bordered on one side by the Navajo Nation and on one side which borders the other Zuni Pueblo.

According to court documents, the footage and cell phone records showed the victim – a Navajo man identified only as John Doe – was “on a collision course” with the man who would ultimately be accused of murdering him.

A grand jury has indicted a Zuni Pueblo man on second-degree murder charges in the Jan. 18 death, and prosecutors say additional charges are likely because he is the prime suspect in a series of crimes against Native American men in Gallup. Zuni and Albuquerque. During a search of his vehicle and two apartments, investigators found several wallets, cell phones and items of clothing belonging to other men.

As people gathered across the country on Sunday to draw attention to the troubling number of disappearances and murders in Indian Country, authorities said the New Mexico case represented the type of work the U.S. Justice Department was doing in establishing its Outreach program for missing and murdered Indigenous people last summer.

Special teams of assistant U.S. attorneys and coordinators have been assigned to focus on MMIP cases. Their goal: Improve communication and coordination between federal, tribal, state and local jurisdictions in hopes of closing the gaps that have made solving violent crimes in Indian Country a generational challenge.

Some of the new federal prosecutors attended MMIP Awareness Day events. From the Arizona state capital to a cultural center in Albuquerque to North Carolina’s Qualla Boundary, there were marches, symposiums, art exhibits and vigils for May 5, the birthday of Hanna Harris, who was just 21 when she was killed planned by candlelight on the Northern Cheyenne Indian Reservation in Montana in 2013.

It was an emotional day in Albuquerque as family members and advocates participated in a prayer walk. They shouted: “What do we want? Answer! What do we want? Justice!” There were tears and long hugs as they shared their stories and frustrations. They spoke about the feeling of being forgotten and the lack of resources in indigenous communities.

Geraldine Toya of Jemez Pueblo marched with other family members to raise awareness of the death of her daughter Shawna Toya in 2021. She said she and her husband are artists who make pottery and never imagined they would end up acting as investigators to find out what happened to their daughter.

“Our journey has been tough, but guess what? We will make this journey a success for all of our people who are here in the same situation that we are struggling with right now,” she said, pledging to support other families through their grief in search of justice.

Alex Uballez, the U.S. attorney for the District of New Mexico, told the Associated Press on Friday that the outreach program is starting to pay off.

“Providing these bridges between these agencies is critical to identifying the patterns that affect all of our communities,” Uballez said. “None of the boundaries we have drawn prevent impacts from spilling over into communities – across tribal communities, across states, across the country, across international borders.”

Assistant U.S. Attorney Eliot Neal oversees MMIP cases for a region that includes New Mexico, Arizona, Colorado, Utah and Nevada.

When law enforcement and advocates talk together, it can help prevent other crimes that are often precursors to deadly violence. The other pieces of the puzzle are building relationships with Native American communities and improving access to the justice system for the public, Neal said.

Part of Neal’s job involves reviewing old cases: time-consuming work that can involve tracking down witnesses and resubmitting evidence for review.

“We’re trying to flip the script a little bit and give these cases the time and attention they deserve,” he said, adding that communicating with family members about the process is a crucial part for MMIP’s attorneys and coordinators.

The DOJ also awarded $268 million in grants last year to tribal justice systems to handle child abuse cases, address domestic and sexual violence, and strengthen victim services.

Assistant U.S. Attorney Bree Black Horse wore red as she was sworn in on Thursday during a ceremony in Yakima, Washington. The color represents awareness of the disproportionate number of indigenous peoples who have fallen victim to violence.

She tracks MMIP cases in a five-state region from California and the Pacific Northwest into Montana. Her caseload is in the double digits and she is working with stakeholders to identify more unsolved cases and open lines of communication with law enforcement.

As a member of the Seminole Nation of Oklahoma and practicing law for more than a decade, Black Horse said having 10 assistant U.S. attorneys and coordinators solely focused on MMIP cases is unprecedented.

“This is an issue that affects not only my community, but also my friends and family,” she said. “I see this as a way to ensure that our future generations, our young people, do not experience the same inequalities and the same traumas.”

In New Mexico, Uballez acknowledged that the federal government is moving slowly and praised tribal communities for speaking out, repeatedly protesting and pressuring politicians to improve public safety in tribal communities.

Still, he and Neal said it would take a paradigm shift to shatter the public perception that nothing was being done.

The man charged in the New Mexico case, Labar Tsethlikai, appeared in court Wednesday and pleaded not guilty while standing handcuffed next to his public defender. A victim advocate from Uballez’s office was also present and sat with the victims’ family members.

Tsethlikai’s lawyer argued that no evidence had yet been presented linking her client to the alleged crimes outlined in the court documents. Assistant U.S. Attorney Matthew McGinley argued that no conditions of release would ensure the safety of the community, pointing to cell phone data and DNA evidence that allegedly showed Tsethlikai preyed on homeless or alcoholic people to satisfy his sexual desires .

Tsethlikai remains in custody pending trial as authorities continue to investigate. Court documents list at least 10 additional victims as well as five newly identified potential victims. McGinley said prosecutors wanted to focus on some of the cases “to get him off the streets” and prevent further violence.