Update - U.S. supreme Court case - Crow Tribe

[ClearCreek]

I know several people on this website had some interest in the Crow Tribe's lawsuit regarding tribal hunting rights.

Here is an update on the main person involved in the proceedings:

Crow man known for Supreme Court win now facing sexual abuse charges

www.ktvq.com

ClearCreek

 

[Lyfter1013]

So I know this part of it isn’t hunting related but I can’t help but reply to this part of the article this is a quote from what @ClearCreek posted..

“Clayvin Herrera, 39, is being held in the Yellowstone County jail on a $57,000 bond on charges of criminal possession of dangerous drugs, theft, strangulation of a partner or family member and sexual abuse of children.”

How in the literal Hell is this guys bond only $57,000 for those kind of charges! That is an embarrassment in all honesty!

 

[OntarioHunter]

So I know this part of it isn’t hunting related but I can’t help but reply to this part of the article this is a quote from what @ClearCreek posted..

“Clayvin Herrera, 39, is being held in the Yellowstone County jail on a $57,000 bond on charges of criminal possession of dangerous drugs, theft, strangulation of a partner or family member and sexual abuse of children.”

How in the literal Hell is this guys bond only $57,000 for those kind of charges! That is an embarrassment in all honesty!

He is a bum. The judge could have set bond at fifty bucks and he couldn't come up with it. From the sounds of it no one in his family would be much help coming up with cash to help that turd either. I think he has burned his bridges in the Crow community. One could only hope! Probably safer staying in jail.

 

[Lyfter1013]

He is a bum. The judge could have set bond at fifty bucks and he couldn't come up with it. From the sounds of it no one in his family would be much help coming up with cash to help that turd either. I think he has burned his bridges in the Crow community. One could only hope! Probably safer staying in jail.

I’m not sure how his “community” deals with those types of charges so I won’t comment on that part.. but your comment that it didn’t matter what the bail was set at well yes it does. The standard should be set that crimes will be punished and bail amount should be and is correlated to the type of crime. So what happens when the next guy can post that bail and is let out with charges like that .. and not sure how familiar you are with the bail system in the Untied States but you generally don’t pay the full bail you go through a bondsman and pay 10% of your bail and your out.

 

[OntarioHunter]

I’m not sure how his “community” deals with those types of charges so I won’t comment on that part.. but your comment that it didn’t matter what the bail was set at well yes it does. The standard should be set that crimes will be punished and bail amount should be and is correlated to the type of crime. So what happens when the next guy can post that bail and is let out with charges like that .. and not sure how familiar you are with the bail system in the Untied States but you generally don’t pay the full bail you go through a bondsman and pay 10% of your bail and your out.

I am an American. Raised in Montana between three different reservations. So, you think a bondsman is going to put up fifty grand for a tribal member? What kind of collateral? His house? He almost certainly doesn't own his domicile or have five cents equity in it. Attach his wages maybe? Yeah, sure. Bail is only excessive if the person is a possible public danger and/or flight risk. Personally, I think fifty grand was excessive enough to keep this guy in the can. The judge did a good job keeping the creep in jail without making himself look like a racist picking on some poor Native American.

 

[idahohuntr]

I do not think the individuals criminal conduct or allegations are relevant to the core issues of the SCOTUS case. No aspect of the off reservation rights at the center of the dispute hinge on whether this guy was a wonderful person or a dirtbag. So, I guess my point is that the interest among hunters in this case are the interpretation of treaty rights by SCOTUS...not any individual Crow Tribal member who just happened to be the subject of the case advancing through the courts.

 

[OntarioHunter]

I do not think the individuals criminal conduct or allegations are relevant to the core issues of the SCOTUS case. No aspect of the off reservation rights at the center of the dispute hinge on whether this guy was a wonderful person or a dirtbag. So, I guess my point is that the interest among hunters in this case are the interpretation of treaty rights by SCOTUS...not any individual Crow Tribal member who just happened to be the subject of the case advancing through the courts.

I agree. The point of this thread was to expose the plaintiff as a person without merit. But that is entirely immaterial when considering the merit of the case.

I will add that the person has not been proven guilty. Having formerly worked in a law firm, I certainly saw enough cases and clients making dubious and extraordinary claims in matrimonial cases. None that I can recall resulted in charges, let alone fifty grand bail. This fella must have had a bad track record. I suspect the drug charge had something to do with wanting to keep him out of circulation. Interesting to speculate but that's all it is - speculation. And really has nothing to do with hunting rights.

 

[SummitsCalling]

When there is smoke, there is fire.

Be interesting to see if this case goes the way that he conducted those acts he's charged with on the reservation, be interesting indeed.

 

[Schaaf]

I do not think the individuals criminal conduct or allegations are relevant to the core issues of the SCOTUS case. No aspect of the off reservation rights at the center of the dispute hinge on whether this guy was a wonderful person or a dirtbag. So, I guess my point is that the interest among hunters in this case are the interpretation of treaty rights by SCOTUS...not any individual Crow Tribal member who just happened to be the subject of the case advancing through the courts.

I think that was the hardest pill for people to swallow. Herrera was clearly a POS, but that’s not what SCOTUS was deciding.

 

[BWALKER77]

I do not think the individuals criminal conduct or allegations are relevant to the core issues of the SCOTUS case. No aspect of the off reservation rights at the center of the dispute hinge on whether this guy was a wonderful person or a dirtbag. So, I guess my point is that the interest among hunters in this case are the interpretation of treaty rights by SCOTUS...not any individual Crow Tribal member who just happened to be the subject of the case advancing through

The guy is a poacher and a molester. Hopefully he takes a shank in jail.
The case he won is a travesty in my oppinion.

 

[PrairieHunter]

Some of thee tribal rulings are really interesting lately. I don't think they have tried testing the hunting side of this one in Oklahoma but it would be interesting if they did.

Landmark Supreme Court Ruling Affirms Native American Rights in Oklahoma (Published 2020)

A 5-4 decision declaring that much of eastern Oklahoma is an Indian reservation could reshape criminal justice in the area by preventing state authorities from prosecuting Native Americans.

www.nytimes.com

 

[idahohuntr]

RE: Recent tribal rulings...things have gotten interesting in the last 4 months...the Hererra case, Oklahoma, a handful of others...decided 5-4. Gorsuch is a pretty strong/consistent vote for Tribes...but will ACB vote the same way as RBG on Tribal issues? If I were advising Tribal Governments I don't know that I would be rushing to the courts these days...not until I had a better read on ACB's views on tribal matters anyways.

 

[Glockster]

Lol, let’s see if he declares treaty rights on these charges.

If you couldn’t see this guy was a trash fire during his poaching spree you were blind.

 

[MTGomer]

Ya hate to see it.

 

[Okie94]

Some of thee tribal rulings are really interesting lately. I don't think they have tried testing the hunting side of this one in Oklahoma but it would be interesting if they did.

Landmark Supreme Court Ruling Affirms Native American Rights in Oklahoma (Published 2020)

A 5-4 decision declaring that much of eastern Oklahoma is an Indian reservation could reshape criminal justice in the area by preventing state authorities from prosecuting Native Americans.

www.nytimes.com

The creeks might try but cherokee and choctaw nations have agreements where they pay a very small fee and there members are allowed to hunt/fish for free. I don't think anything will happen considering the governor didn't appeal a decision last year ruling a contract was automatically renewed that sets there casino tax at 4-10% of revenue. No reason to ruffle feathers when he already threatened to allow commercial casinos into the state.

 

[Okie94]

They could possibly tax and regulate oil&gas companies also. It wouldn't impact much oil drilling as most is in the western half of the state and west texas/New Mexico has been where most of the companies kept some rigs running during this last year. What could be interesting is what happens with the oil reserves in Cushing,Ok not sure how much is stored right now but it holds 90 million barrels and it was close to that last year.

 

[runningmt]

I am an American. Raised in Montana between three different reservations. So, you think a bondsman is going to put up fifty grand for a tribal member? What kind of collateral? His house? He almost certainly doesn't own his domicile or have five cents equity in it. Attach his wages maybe? Yeah, sure. Bail is only excessive if the person is a possible public danger and/or flight risk. Personally, I think fifty grand was excessive enough to keep this guy in the can. The judge did a good job keeping the creep in jail without making himself look like a racist picking on some poor Native American.

Great perspective

 

[VikingsGuy]

As our founders clearly laid out - we are a nation of laws not of men. When it works correctly, SCOTUS rules on the merits of the law, not on how much they like a given actor. This man's personal behavior is not a public lands hunting topic but is simple internet trash talking and only serves to invite the worst of stereo-typed commentary about a whole group of our fellow citizens.

 

[PrairieHunter]

The creeks might try but cherokee and choctaw nations have agreements where they pay a very small fee and there members are allowed to hunt/fish for free. I don't think anything will happen considering the governor didn't appeal a decision last year ruling a contract was automatically renewed that sets there casino tax at 4-10% of revenue. No reason to ruffle feathers when he already threatened to allow commercial casinos into the state.

What would stop a tribal member from shooting an animal out of season on land that was determined to be part of the reservation by that court ruling?

Seems like that would get interesting if they tried to prosecute. But as you mentioned the threat of non indian casinos being allowed in the state is likely enough to prevent much from going on.

 

[VikingsGuy]

What would stop a tribal member from shooting an animal out of season on land that was determined to be part of the reservation by that court ruling?

Seems like that would get interesting if they tried to prosecute. But as you mentioned the threat of non indian casinos being allowed in the state is likely enough to prevent much from going on.

This court case doesn't mean that there is no place to address illegal behavior, it just shifts it. By default, "major" crimes involving tribe memebers will be tried in federal courts and "minor" crimes in tribal courts pursuant to US Federal statue on the issue. Beyond the default, many states and tribes reach other accomodations, as is done in AZ and NM to name 2. My understanding is OK and the tribe are active in exactly such discussions now.