CHIEF LEO HENRY- of the Tonowanda Band of Seneca
have been held- including in Albany with Montour as the primary speaker.
In the past year, the State of New York- Judith hard- 1st Assistant Counsel
to Governor George Pataki has met with the various traditional leaders of the
Six Nations regarding a compact agreement whereby the State of New York had
agreed to enforce regulations requiring sales of cigarettes and or gas on nations
businesses be at a parity level with off reservation businesses. The increase
in sale prices of these commodities would become the traditional governments
monies. Further, the compact agreement ensured that the non-compliant businesses
would be required to forward, as a tax, to Non-Native Americans. The traditional
leaders of the various Nations would become the sole distributors of all product
sold on Nation stores. This compact, which had been agreed to by the State and
the leaders of the Onondaga Nation ensured control and regulation of businesses
by the traditional Chiefs. As the agreement became common knowledge, and subsequent
discussions by the various Nations peoples, increased vandalism and criminal
mischief commenced.
CHIEF LEO HENRY- of the Tonowanda Band of Seneca
NEW YORK STATE POLICE
CONTINUATION SHEET
SP LAFAYETTE
CASE NO 97-102 THRU 193
This report will encompass the events leading up to and including the blockage
of interstate Highway I-81, at the Onondaga Nation on 5-19-97
This preface will outline the general events which lead to this incident, the
persons involved and their subsequent arrest.
The preliminary events which lead to the blockage of I-81 on 5-18-97 began approximately 3 years ago. The Onondaga Nation is a Native American Territory of approximately 1200 residents. The Onondaga nation is located in the southern portion of Onondaga County, south of the City of Syracuse. I-81 runs thru the northeast corner of this Nation. Exit 16, the Nedrow exit is wholly within the confines of the Onondaga Nation. About three years ago, the traditional leaders of the Onondaga Nation attempted to gain control of the businesses on the nation. These businesses were primarily cigarette shops and two gas stations/cigarette shops. In all the Nation had five (5) such businesses. Two of these businesses-Firekeepers Diner and Freems paid a modest amount of money, to the Council of Chiefs for each pack of cigarettes sold. The other three businesses refused to pay this money and were subsequently blockaded and closed. These three stores were SMOKE SIGNALS OWNED BY Kenneth & Veronica Papineau, O.R.’S- owned by Oliver Hill and owned by Donald Rockwell. After a bitter and protracted blockaded of these businesses, they were ultimately closed and several owners were banished by the traditional leaders of the nation. In that, Kenneth Papineau, Veronica Papineau, several of their children along with Oliver Hill were banished and thereby lost all rights to their property and businesses.
In the ensuing three years, these banica’s, one of the traditional leaders meeting with Judith Hard had his home destroyed by fire in an obvious arson. Tire fires, and road blockages at Cattaraugus were also commenced.
On 4-7-97, a tire fire was set on I-81 on the southbound lane at the Onondaga Nation at approximate 3:10AM. This tire fire stopped traffic on I-81 for a brief period of time. This case, being investigated by the Onondaga County Sheriffs, has failed to identify the perpetrator’s to date.
On 5-5-97, at approximately 4:05AM, several construction vehicles parked at the I-81 Nedrow turn around had been set afire and vandalized. These vehicles were part of construction project to repair I-81. This site is within 300yards of the protest fire site, which commenced 3 days later. This incident, Investigated by the Onondaga County Sheriffs has failed to identify the perpetrator’s to date. A file 3 TT 3345 file date 5-5-97- SP North Syracuse advised of this incident.
On 5-8-97, a protest fire along the east shoulder of I-81, just north of the Ned row Exit had begun at approximately 10:28PM. The Onondaga County Sheriff patrols investigating this fire met with Robert Bucktooth, Roberta Bucktooth, Martha Bucktooth, Hoss Jones, Ronald Jones Sr. Kenneth Kappelmeier, and others. These subjects advised that they had started this fire in protest to the cigarette tax deal. This protest fire was peaceful and the fire was allowed to continue to burn. A file 3 TT 0720 file date 5-9-97- SP Lafayette advised of this incident.
The remainder of this report will recite the incidents, in detail, commencing from 5-15-97 thru 5-18-97 the date of the blocking of I-81 by Native American protestors.
{NARRATIVE}
1. On 05/08/97, a group of native Americans congregated on the east shoulder of I-81, approximately 200 yards north of the Nedrow exit ramp. These Native Americans (referred to as Indians hereafter) numbered approximately ten (10). A fire was started approximately 15 to 20 feet from the northbound lane of I-81, at approximately 10:28PM. This property is on the Onondaga nation and the dwelling adjacent to the fire is occupied by Ronald Jones, Sr., and members of his family. The Onondaga County Sheriff’s Department responded to this scene and met with Robert Bucktooth, Martha Bucktooth, Hoss Jones, Ronald Jones, Sr., Kenneth Kappelmeier and others. These subjects advised that they had started the fire in protest to the cigarette tax deal between the traditional chiefs and the State of New York. The protesters further advised that they were dissatisfied with the traditional chiefs of the Onondaga Nation entering into any type of deal which would infringe upon the sovereignty of any native people. This protest fire was peaceful and the fire was allowed to continue to burn. A File 3 Teletype #0720, dated 05/09/97,SP LaFayette advised of this incident.
2. On 05/15/97, Chief Edwin Cook, Gibson Road, Onondaga Nation, Onondaga County, Nedrow, New York, contacted writer and advised that a rumor had been heard, from an unnamed Indian source, that the people gathered at the protest fire site on I-81 were preparing to block portions of I-81, sometime in the coming week or two. He had no further information at this time. Chief Cook stated that he would try to learn details and contact writer as soon as he heard anything.
3. On 05/15/97, writer contacted Captain George Beach, Troop “D” Zone III Commander, along with Captain John E. Wood, Troop “D” BCI, SP Oneida, and Onondaga County Sheriff Major Paul Zemens.
4. On 05/15/97, Major Zemens, Onondaga County Sheriff’s Department, stated that he had also heard of this rumor, but had not been able to substantiate it at this time. It was agreed that writer and Major Zemens would both attempt to either verify this rumor or dismiss it and would both share information as it became available.
5. On 05/15/97, writer contacted Chief Alson Gibson, Route 11A, Onondaga Nation, and Chief Irving Powless, Gibson Road, Onondaga Nation, Nedrow, New York. Both had also heard of these rumors and both stated they would attempt to ascertain the veracity of this rumor and would contact writer with any information developed.
6. On 05/16/97, writer met with Chief Edwin Cook, Chief Alson Gibson and Chief Erwin Gibson, Route 11A, Onondaga nation at the Orchard Valley Gold Course, Route 20, Lafayette, New York. Also present was Major Paul Zemens. The Chiefs stated that their information was from various reservations in New York State and that as many as 100-150 protesters could show up. The Chiefs, speaking on behalf of the Council of Chiefs, stated that the Onondaga Nation and New York State had entered into an agreement/treaty regarding free passage along I-81 and that should an6yone attempt to interfere with this free passage, the Council of Chiefs would sign trespassing com0plaints against any non-Onondaga Nation protester who participated in any blockage of I-81.
7. On 05/16/97, Chiefs Irving Powless and Alson Gibson met with Major James J. Parmiley and Captain George Beach at SP Lafayette. Again the Chiefs reiterated their position allowing free passage along I-81 as agreed to in the aforementioned agreement/treaty with New York State. They advised that depositions regarding trespass charges would be signed by a member of the Council of chiefs should any one of the protesters enter and block I-81 roadway.
8. On 05/17/97, writer was contacted by Chief Alson Gibson, who requested a meeting. Writer responded to SP LaFayette and met with Chief Gibson. Chief Gibson provided writer with a handout found in a mailbox on the Nation. This handout stated that here would be a ‘media event” at the protest site on Sunday, 5/18/97. Further, Chief Gibson stated that he had learned that “Hoss Jones and Alfred Logan, Jr., both of the protest site, had attempted to obtain two (2) junk cars from Ben Shenandoah’s Junk Yard, Route 11 and route 11A, Onondaga Nation, the previous day. Chief Gibson stated that he talked to the owner of this junk yard and was advised the Jones and Logan had wanted the two (2) junk cars to be used on I-81 to block traffic during this media event on Sunday, May 18th. The junk yard refused their request and contacted Chief Gibson immediately. This information, along with a copy of the flier found in the mailbox were forwarded to Captain Beach and Major Zemens. A copy of this flier is attached to this report as an enclosure.
9. On 05/17/97, writer attempted to obtain additional intelligence regarding this “media event” planned by the protesters. Information was developed by Doug George-Kanentiio, of the Mohawk Akwesasne Nation, stated that he had also received information from various members of the Akwesasne nation, that I-81 would be blocked during this “media event”. He sated he believed that fewer than 100 protesters would be present.
10. On 05/18/97, a detail was set up by Major Parmley and Captain Beach to address the possible closure of I-81. This detail assembled at the Nedrow fire Station, Route 11, Nedrow, New York, and at a nearby parking lot of a former K-Mart Store just north of the fire station. The detail makeup, consisting of several squads is as follows:
Major James J. Parmley
Captain George P. Beach
Captain David J. Peters
Captain John E. Wood
Lieutenant Thomas P. Connelly