Multiple sources are reporting that there is activity on the Shingle Springs Reservation in El Dorado County
I was just told that Shingle Springs just disenrolled a couple of families.The disenrollled included employees of the tribe, who have all either walked or been removed from the sites.
DEVELOPING
UPDATE: Reports are that sheriffs are responding....
UPDATE: Sheriffs still on scene, waiting for update..
Showing posts with label Shingle Springs Miwok. Show all posts
Showing posts with label Shingle Springs Miwok. Show all posts
Wednesday, February 5, 2014
Friday, November 23, 2012
Tribal Casino Crimewatch: Man Stabbed to Death at Red Haw Casino
A 19-year-old man was stabbed to death at Red Hawk Casino on Wednesday night.
El Dorado County sheriff's deputies responded to the Shingle Springs casino at 10:30 p.m. to a report of a stabbing.
The victim -- later identified as Gene Mcarn -- was taken to Marshall Hospital where he died from his wounds, sheriff's officials said.
Estaphen Juarez is sought in connection with the stabbing, according to deputies.
Tuesday, April 3, 2012
Shingle Springs Chairman Nicholas Fonseca Speaks Out in Open Letter
We recently wrote about the Shingle Springs tribal suit, here is an open letter from Nicholas Fonseca, their tribal chair:
Dear Citizens of El Dorado County:
I am the Chairman of the federally-recognized Shingle Springs Band of Miwok Indiansand I am writing this letter to set the record straight in light of recent coverage in a local newspaper that is misleading and factually incorrect. The article involved Cesar Caballero, an El Dorado County man jailed by a federal judge for violating a court order prohibiting him from impersonating my Tribe.
The Tribe sued Mr. Caballero in 2008 when he filed a fraudulent document with the County of El Dorado, claiming to be doing business as “the Shingle Springs Band of Miwok Indians.” Despite the Tribe’s requests of Mr. Caballero to withdraw the fraudulent document — which was designed to confuse others as to Mr. Caballero’s affiliation with the Shingle Springs Band — he refused. The Tribe filed suit, and in September 2010, Federal District Court Judge John Mendez ordered Mr. Caballero to withdraw the statement (among other things). Importantly, the Tribe sought the federal injunction, and the federal court issued it, after Mr. Caballero had filed a fraudulent statement with the United States Post Office, diverting the Tribe’s mail to his own address. (This was a federal crime for which Mr. Caballero was separately prosecuted and convicted, and for which he awaits sentence.) Mr. Caballero also went so far as to pose as the Tribe in an effort to interfere with our repatriation efforts involving human remains possessed by a museum and belonging to the Tribe. Judge Mendez’ order necessarily means he believes the Tribe is likely to prevail in its civil case.
A few other facts that bear noting, to set the record straight:
Mr. Caballero is sitting in jail because he has chosen to defy a federal court order directing him to take certain steps to unwind his fraudulent course, including the withdrawal of the fictitious document that started this litigation. As the federal judge explained to Mr. Caballero at his last contempt hearing, he alone controls his own destiny; it is his contempt for the Court — in short, his defiance of the law and judicial process — that landed him in jail. He controls the keys to his cell.
Mr. Caballero filed his own suit against the Tribe, claiming the right to revenues from Red Hawk Casino. While the Court dismissed Mr. Caballero’s claims as having no basis in law, it bears noting that Mr. Caballero and his group had nothing to do with our Tribe when we lived in abject poverty, on a landlocked reservation with no hope for economic development. It was only after we secured public access through an interchange we had to build, and after our Red Hawk Casino finally became a reality, that Mr. Caballero claimed the right to our federal recognition and our name. I would submit that is all everyone needs to know to understand what is really driving Mr. Caballero and his band of followers.
Third, this case is not about federal recognition, and nothing the Tribe has ever done — or is doing — prevents Cesar Caballero and his affiliates from seeking recognition by the United States as a sovereign tribal entity. In fact, the Shingle Springs Band’s federal recognition has nothing to do with the Caballero group’s right to be recognized as a sovereign entity (assuming there is such a right). There can, in fact, be more than one tribe in California with members of Miwok ancestry, and indeed there are.
Fourth, the United States has recognized the Shingle Springs Band since the early 1900s, and set aside land in El Dorado County for our group (consisting largely of homeless Indians who then lived around Sacramento). It is true that our Band consists of people of Maidu and/or Miwok descent, as well as Native Hawaiian descent. Some members of the Tribe even have African American and/or Caucasian ancestors. We are a political entity, recognized by the United States government for many decades by the name Mr. Caballero and others have usurped.
Fifth, Mr. Caballero and his group may be associated with the El Dorado Band of Miwok Indians, a tribe that resided on adjacent lands and that lost its federally-recognized sovereign status in the mid 1900s (along with many other California tribes). Unlike other tribes, that tribe apparently chose not to seek federal restoration. That has nothing to do with the Shingle Springs Band. In the end, Mr. Caballero’s allegations amount to little more than a sad recount of the devastating consequences of the United States’ policy toward Indians, particularly in California, where bands of homeless Indians were settled as sovereign entities on rancherias, only to be later wrongfully terminated, typically without meaningful recompense or support, and too often never restored.
Finally, the ability to have sovereign authority and trust land in this country, and pursue economic development (through gaming or otherwise), does not turn on having a “federally recognized tribal name.” It turns on being a sovereign tribal entity in the eyes of the United States government. Every tribe, of course, has a name, and every tribe is entitled to protect that name from misappropriation by others. That is what our case against Mr. Caballero and those aligned with him is all about.
Dear Citizens of El Dorado County:
I am the Chairman of the federally-recognized Shingle Springs Band of Miwok Indiansand I am writing this letter to set the record straight in light of recent coverage in a local newspaper that is misleading and factually incorrect. The article involved Cesar Caballero, an El Dorado County man jailed by a federal judge for violating a court order prohibiting him from impersonating my Tribe.
The Tribe sued Mr. Caballero in 2008 when he filed a fraudulent document with the County of El Dorado, claiming to be doing business as “the Shingle Springs Band of Miwok Indians.” Despite the Tribe’s requests of Mr. Caballero to withdraw the fraudulent document — which was designed to confuse others as to Mr. Caballero’s affiliation with the Shingle Springs Band — he refused. The Tribe filed suit, and in September 2010, Federal District Court Judge John Mendez ordered Mr. Caballero to withdraw the statement (among other things). Importantly, the Tribe sought the federal injunction, and the federal court issued it, after Mr. Caballero had filed a fraudulent statement with the United States Post Office, diverting the Tribe’s mail to his own address. (This was a federal crime for which Mr. Caballero was separately prosecuted and convicted, and for which he awaits sentence.) Mr. Caballero also went so far as to pose as the Tribe in an effort to interfere with our repatriation efforts involving human remains possessed by a museum and belonging to the Tribe. Judge Mendez’ order necessarily means he believes the Tribe is likely to prevail in its civil case.
A few other facts that bear noting, to set the record straight:
Mr. Caballero is sitting in jail because he has chosen to defy a federal court order directing him to take certain steps to unwind his fraudulent course, including the withdrawal of the fictitious document that started this litigation. As the federal judge explained to Mr. Caballero at his last contempt hearing, he alone controls his own destiny; it is his contempt for the Court — in short, his defiance of the law and judicial process — that landed him in jail. He controls the keys to his cell.
Mr. Caballero filed his own suit against the Tribe, claiming the right to revenues from Red Hawk Casino. While the Court dismissed Mr. Caballero’s claims as having no basis in law, it bears noting that Mr. Caballero and his group had nothing to do with our Tribe when we lived in abject poverty, on a landlocked reservation with no hope for economic development. It was only after we secured public access through an interchange we had to build, and after our Red Hawk Casino finally became a reality, that Mr. Caballero claimed the right to our federal recognition and our name. I would submit that is all everyone needs to know to understand what is really driving Mr. Caballero and his band of followers.
Third, this case is not about federal recognition, and nothing the Tribe has ever done — or is doing — prevents Cesar Caballero and his affiliates from seeking recognition by the United States as a sovereign tribal entity. In fact, the Shingle Springs Band’s federal recognition has nothing to do with the Caballero group’s right to be recognized as a sovereign entity (assuming there is such a right). There can, in fact, be more than one tribe in California with members of Miwok ancestry, and indeed there are.
Fourth, the United States has recognized the Shingle Springs Band since the early 1900s, and set aside land in El Dorado County for our group (consisting largely of homeless Indians who then lived around Sacramento). It is true that our Band consists of people of Maidu and/or Miwok descent, as well as Native Hawaiian descent. Some members of the Tribe even have African American and/or Caucasian ancestors. We are a political entity, recognized by the United States government for many decades by the name Mr. Caballero and others have usurped.
Fifth, Mr. Caballero and his group may be associated with the El Dorado Band of Miwok Indians, a tribe that resided on adjacent lands and that lost its federally-recognized sovereign status in the mid 1900s (along with many other California tribes). Unlike other tribes, that tribe apparently chose not to seek federal restoration. That has nothing to do with the Shingle Springs Band. In the end, Mr. Caballero’s allegations amount to little more than a sad recount of the devastating consequences of the United States’ policy toward Indians, particularly in California, where bands of homeless Indians were settled as sovereign entities on rancherias, only to be later wrongfully terminated, typically without meaningful recompense or support, and too often never restored.
Finally, the ability to have sovereign authority and trust land in this country, and pursue economic development (through gaming or otherwise), does not turn on having a “federally recognized tribal name.” It turns on being a sovereign tribal entity in the eyes of the United States government. Every tribe, of course, has a name, and every tribe is entitled to protect that name from misappropriation by others. That is what our case against Mr. Caballero and those aligned with him is all about.
Friday, February 24, 2012
Shingle Springs Miwok Tribe Threatens to Shut Down Red Hawk Casino
The tribe that owns Red Hawk Casino is warning that the facility might close because of a $30 million jury verdict in December.
OP: Yeah, right, then they'd have to find real jobs. Ain't gonna happen. PAY WHAT YOU OWE.
A lawyer for the Shingle Springs Band of Miwok Indians, in court papers, warned of a "doomsday scenario" if the tribe is forced to pay the court judgment.
"Any efforts to presently execute on the judgment would likely have catastrophic consequences for the tribe and all who depend on the casino for their livelihood," wrote tribal attorney Sanford Kingsley in a filing in El Dorado County Superior Court. Dear Sanford, did the tribe threaten to NOT PAY YOU? Or do you get paid first?
A jury in December ordered the tribe to pay $30 million to the Miwok band's former casino partner, Sharp Image Gaming, over a breach of contract dispute. Shingle Springs tried to pull a sovereignty fast one and got beat.
Matt Jacobs, the lawyer for Sharp Image, called the warning of a shutdown "nonsense" because the casino's creditors would do everything possible to keep Red Hawk going. Not to mention the tribal members would be short a bit of income
Get your settlement, Matt. Make them pay for cheating Sharp Image. Hold their feet to the fire.
OP: Yeah, right, then they'd have to find real jobs. Ain't gonna happen. PAY WHAT YOU OWE.
A lawyer for the Shingle Springs Band of Miwok Indians, in court papers, warned of a "doomsday scenario" if the tribe is forced to pay the court judgment.
"Any efforts to presently execute on the judgment would likely have catastrophic consequences for the tribe and all who depend on the casino for their livelihood," wrote tribal attorney Sanford Kingsley in a filing in El Dorado County Superior Court. Dear Sanford, did the tribe threaten to NOT PAY YOU? Or do you get paid first?
A jury in December ordered the tribe to pay $30 million to the Miwok band's former casino partner, Sharp Image Gaming, over a breach of contract dispute. Shingle Springs tried to pull a sovereignty fast one and got beat.
Matt Jacobs, the lawyer for Sharp Image, called the warning of a shutdown "nonsense" because the casino's creditors would do everything possible to keep Red Hawk going. Not to mention the tribal members would be short a bit of income
Get your settlement, Matt. Make them pay for cheating Sharp Image. Hold their feet to the fire.
Thursday, May 13, 2010
Crack in Sovereignty Dam II: Red Hawk Casino Suit to be Heard in STATE Court
A lawsuit filed three years ago against the Shingle Springs Band of Miwok Indians seeking more than $100 million got a court date in El Dorado County Superior Court.
The tribe owns Red Hawk Casino, which it built two years ago with the help of partner Lakes Entertainment Inc. The suit was brought by an earlier development partner, Sharp Image Gaming Inc., which claims an existing exclusive right to offer gaming with the tribe dating back to the late 1990s.
The tribe’s attorneys had tried to get the court to change the venue to Los Angeles, but the transfer was denied Monday by El Dorado Superior Court Judge Patrick Riley
The trial date was set for Nov. 1 in El Dorado Superior Court for the suit brought three years ago by Sharp Image. Over the past three years, the tribe has appealed the venue of a state court and sought a federal court. The tribe also has fought to have the case dismissed outright based on tribal sovereignty. The appeals made it up the to the California Supreme Court, which ruled in March the trial had a right to be heard and that the venue was in a state court.
Since Sharp Image filed its suit in May 2007, the tribe’s attorneys have sought to have the suit dismissed on the grounds that the company had no standing to sue a sovereign Native American nation, maintaining that the suit should have been filed in federal court.
That plea was denied by an El Dorado County judge in January 2008. The tribe appealed and was denied, again.
In January, it lost yet another appeal in the Third District Court of Appeals, so it took its case to the California Supreme Court. In March, the state’s high court denied the tribe’s petition for review.
The tribe owns Red Hawk Casino, which it built two years ago with the help of partner Lakes Entertainment Inc. The suit was brought by an earlier development partner, Sharp Image Gaming Inc., which claims an existing exclusive right to offer gaming with the tribe dating back to the late 1990s.
The tribe’s attorneys had tried to get the court to change the venue to Los Angeles, but the transfer was denied Monday by El Dorado Superior Court Judge Patrick Riley
The trial date was set for Nov. 1 in El Dorado Superior Court for the suit brought three years ago by Sharp Image. Over the past three years, the tribe has appealed the venue of a state court and sought a federal court. The tribe also has fought to have the case dismissed outright based on tribal sovereignty. The appeals made it up the to the California Supreme Court, which ruled in March the trial had a right to be heard and that the venue was in a state court.
Since Sharp Image filed its suit in May 2007, the tribe’s attorneys have sought to have the suit dismissed on the grounds that the company had no standing to sue a sovereign Native American nation, maintaining that the suit should have been filed in federal court.
That plea was denied by an El Dorado County judge in January 2008. The tribe appealed and was denied, again.
In January, it lost yet another appeal in the Third District Court of Appeals, so it took its case to the California Supreme Court. In March, the state’s high court denied the tribe’s petition for review.
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