State law used to charge tribal leader in fatal accident

If Pojoaque Pueblo's lieutenant governor had struck and killed a fellow American Indian on U.S. 84/285 in April, she likely would not be facing charges in connection with the death, U.S. Attorney Greg Fouratt said Thursday.

[Hector_Sanchez]

Time for the LG to step down...she waited until the next day to call the cops, and then admitted what happened. If her judgment in this could be so poor, what else, involving Pueblo biz, will she exhibit poor judgment in? Not worth the risk: STEP DOWN NOW.

[Mommy Coolo]

ABOLISH INDIAN SOVEREIGNITY!!!!

[Rita_S]

Diaz was charged with a felony charge of leaving the scene of a fatal accident and failing to render aid and faces only up to three years in prison and three years supervised release if convicted of the crime.

"Diaz wasn't charged with vehicular homicide under state law, or involuntary manslaughter under federal law, because he would have had to prove she was intoxicated at the time of the crash or driving recklessly."

Of course she was driving recklessly! She struck and killed a man who was walking on the side of the road. She's getting off easy for killing someone.

[Sad for all]

Judge not, lest you be judged.

[sromero]

I personally think this is bullshit. She killed a man left him there and who knows if she would of done the right thing if he might be here now. I cant believe that she could leave another human being at the side of the road like road kill. I cant even run over an animal on the road and not stop to see if it has a chance to be saved. She treated this poor man like he was less than dirt and she gets only three years. Well she may get away with it in our lousy courts but she will have to answer to God in time.

[Hmmm]

Yeah right. Being that she is charged under NM law is real comforting. For her. A few years probation at best.

[Fribread Queen]

How the heck can she live with herself knowing she killed another person? Geez! How much money is Pojoaque paying the courts, attorneys, etc. to get another tribal member out of homicide charges? what a joke.
You said it sromero: She will have to answer to God in time.

[kitty]

679

The Major Crimes Act—18 U.S.C.§ 1153
Section 1153 of Title 18 grants jurisdiction to federal courts, exclusive of the states, over Indians who commit any of the listed offenses, regardless of whether the victim is an Indian or non-Indian. See United States v. John, 437 U.S. 634 (1978). It remains an open question whether federal jurisdiction is exclusive of tribal jurisdiction. Duro v. Reina, 495 U.S. 676, 680 n. 1 (1990). See also Wetsit v. Stafne, 44 F.3d 823 (9th Cir. 1995). The enumerated offenses are, for the most part, defined by distinct federal statutes. Those offenses which are not defined and punished by federal law are to be defined and punished in accordance with the law of the state where the crime was committed. See 18 U.S.C.§ 1153(b).

[Chiquita]

Diaz killed a man and needs to be prosecuted just like anyone else, just because they're INDIANS they can get away with MURDER, NO WAY, the law is the law, if it would have been me killing an indian in indianl land I would already be in prison, do what needs to be done, NM laws STINK, don't make it worse with this lady getting away with murder. She's a killer, she knew she had to go home and SOBER up after being DRUNK when she killed this young guy, didn't day in the Iraqi war but had to die here in NM from a drunker.

[Chiquita]

Get rid of these Indian Governor, everyone who's done wrong has paid for their mistakes, she's no different, what the He?? is wrong with the law's here in NM they need to be revised, you can't let a drunk person like DIAZ get away with killing this guy, she knew she was drunk and went home to sober up than she's sobered up and turns herself in, People Wake Up and smell the coffee all of you know she was drunk and she needs to pay for what she did, if I was the parent of the guy she killed I would take it all the way to the SUPREME COURT, Indian or not, why should they get away with murder, I'm not racist so don't even think that, my sister was marred to an Indian, they have everything they want by to get away with murder is wrong, pay the consequences like everyone else!!!!

The guy from Chimayo was a veterian didn't die in the Iraq war and had to come home and be killed here, what a shame.

[Truth Speaks]

Ya, the police found the side mirror of her car next to the dead guy. I'm sure the Pueblo Police and the Admin office were talking about that all morning. Half a day later, after a nice sober up and a shower, she calls and admits. Her Lawyer says she wasn't TRYING to get away with anything...and he's right....SHE ALREADY DID!! Whole thing stinks.

[Nancy R in KC]

The punishment is appallingly inadequate for the crime. But if she also faces penalties imposed by her own pueblo government, I hope they're stiffer than this.

At the least, I'm glad to see that state law is involved in this case, so that we probably get more news about it that we might have gotten if it were entirely under Pueblo jurisdiction. In fact, in an earlier post on another crime article, I had ventured that the latter might be the case...glad I was wrong.

[Nancy R in KC]

Chiquita wrote:

Get rid of these Indian Governor, everyone who's done wrong has paid for their mistakes, she's no different, what the He?? is wrong with the law's here in NM they need to be revised, you can't let a drunk person like DIAZ get away with killing this guy, she knew she was drunk and went home to sober up than she's sobered up and turns herself in, People Wake Up and smell the coffee all of you know she was drunk and she needs to pay for what she did, if I was the parent of the guy she killed I would take it all the way to the SUPREME COURT, Indian or not, why should they get away with murder, I'm not racist so don't even think that, my sister was marred to an Indian, they have everything they want by to get away with murder is wrong, pay the consequences like everyone else!!!!
The guy from Chimayo was a veterian didn't die in the Iraq war and had to come home and be killed here, what a shame.

Chiquita, this is blather. I get your idea, but you need to support your opinions, write in proper English without running everything together, and unlock the Shift key. True, we probably should all be screaming mad about this case, but don't shout on line. You would get your points across much more effectively.

[appauled]

Diaz wasn't charged with vehicular homicide under state law, or involuntary manslaughter under federal law, because he would have had to prove she was intoxicated at the time of the crash or driving recklessly."

Are you saying you can charged w/vehicular homicide if you're drunk? You can kill someone driving sober. I don't understand why she can't be charged w/vehicular homicide or involuntary manslaughter. She was reckless. reckless. she hit a man in while driving her car and killed him. sober or not.

[John]

It seems that the US is not one country. There is one law for one group of citizens and another law for a different group. All may be equal under the law but which law?

[Leah]

Diaz killed a young man and left the scene. She should be charged with vehicular homicide even though it would be hard to prove she had been drinking at the time of the accident. If she waited until the next day to report it, then only common sense tells you that she was drinking and waited to avoid the consequences of being under the influence. It doesn't matter who she is or what nationality, she should not be allowed to receive any special treatment because of nationality or who she is. Murder is still murder! If it would have been someone from her immediate family that would have been struck and left to die on the highway, she would want to make sure that person get the punishment they deserved, so she should too. This young man had friends and family who loved him and deserve to know that she will not simply get away with only 3 years at the most.

[Nancy R in KC]

Leah wrote:

Diaz killed a young man and left the scene. She should be charged with vehicular homicide even though it would be hard to prove she had been drinking at the time of the accident. If she waited until the next day to report it, then only common sense tells you that she was drinking and waited to avoid the consequences of being under the influence. It doesn't matter who she is or what nationality, she should not be allowed to receive any special treatment because of nationality or who she is. Murder is still murder! If it would have been someone from her immediate family that would have been struck and left to die on the highway, she would want to make sure that person get the punishment they deserved, so she should too. This young man had friends and family who loved him and deserve to know that she will not simply get away with only 3 years at the most.

A very sensible post. But what a darned shame that any speculation about Diaz drinking remains just that: pure speculation, even though it makes sense. It certainly must be ruled either out or in. Maybe a very persuasive judge or attorney, a friend, or a tribal official, or somebody can get her to fess up. That seems to be the only way, short of thumbscrews.

[John Martinez]

appauled wrote:

Diaz wasn't charged with vehicular homicide under state law, or involuntary manslaughter under federal law, because he would have had to prove she was intoxicated at the time of the crash or driving recklessly."
Are you saying you can charged w/vehicular homicide if you're drunk? You can kill someone driving sober. I don't understand why she can't be charged w/vehicular homicide or involuntary manslaughter. She was reckless. reckless. she hit a man in while driving her car and killed him. sober or not.

Excelent point. I must remember to run over people when I am sober. I like that. The other thing I can't understand, is if she was drunk, which I suspect, where did she drink? Do they have cameras? If there is proof of her drinking, then they can say she was drunk without the blood alcohol test, can't they? If they see her on camera drinking many drinks in a bar, that is enough cause to convict.

[You are dreaming]

Nancy R in KC wrote:

The punishment is appallingly inadequate for the crime. But if she also faces penalties imposed by her own pueblo government, I hope they're stiffer than this.
At the least, I'm glad to see that state law is involved in this case, so that we probably get more news about it that we might have gotten if it were entirely under Pueblo jurisdiction. In fact, in an earlier post on another crime article, I had ventured that the latter might be the case...glad I was wrong.

The pueblos do not punish their own people. The max sentence they can give is 364 days in jail from what I understand. And I doubt they ever do.

[Nancy R in KC]

You are dreaming wrote:

<quoted text>
The pueblos do not punish their own people. The max sentence they can give is 364 days in jail from what I understand. And I doubt they ever do.

Thanks for the information. I thought they had a more definitive judicial system. I was also wondering if they inflict other punishment, such as some kind of social stigma. Do you know anything about that? For example, any Amish person who has undergone shunning will tell you that things like that can be much worse than jail.