How criminal investigations work on tribal lands

SANTAN, Arizona – The Federal Bureau of Investigation (FBI) is investigating a mass shooting in the Gila River Indian Community that left two people dead and four others injured Saturday.

Typically, charges related to the killing of a person are brought by the district attorney’s office, but in this case, all of the possible charges are federal.

Bernard Zapor, a retired special agent with the Bureau of Alcohol, Tobacco and Firearms (ATF), explains that the reasoning is based on location. Federal investigators from the Bureau of Indian Affairs and the FBI are responsible for committing serious crimes on tribal lands.

“It’s unusual for the FBI to investigate a murder case right now, so they have to resort to special resources and go through pathology and everything else that’s necessary to prove that another human being took the life of another human being,” Zapor said.

Once the FBI’s investigation is complete, it will turn the case over to the United States Attorney’s Office for the District of Arizona, which will decide whether or not to file charges.

“This is unique because this is not common, because there is not as much crime and because there is a federally recognized Indian nation that allows this process to happen, but it happens,” Zapor said.

Zapor said if charges are filed in connection with the shooting, the federal consequences could be more severe.

“Looking at murder on a federal level could be quite threatening,” Zapor said. “There is no early release or parole, and in fact, there is the death penalty on a federal level.”

The Justice Department does not allow updates on federal investigations. When and if charges are filed, details will be released to the public.

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