[Congressional Record Volume 143, Number 118 (Tuesday, September 9, 1997)]
[Senate]
[Pages S9027-S9028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        A MORE COMPLETE PICTURE

 Mrs. MURRAY. Mr. President, on September 3, during floor 
deliberations the senior Senator from Washington presented a story of a 
most tragic situation on the Yakama Indian Reservation in his call for 
support of an appropriations rider that would require tribal 
governments to relinquish their right to sovereign immunity in order to 
receive Federal funding.
  In 1994, a tragic accident involving a tribal police officer en route 
to the scene of an ensuing robbery resulted in the death of 18-year-old 
Jered Gamache. Before I proceed, I want to express my deepest 
sympathies to the Gamache family for this devastating loss. As a mother 
of two, I find it almost unbearable to contemplate such a loss. It is 
always painful to lose a loved one, but the loss of a child is 
something no parent should have to face.
  The issues involved here are very controversial and everyone involved 
has strong views. In the interest of airing views from all sides 
regarding section 120 of the Interior appropriations bill, I have 
agreed to submit a statement on behalf of the Yakama Indian Nation in 
response to the chairman's comments. I ask that the statement from the 
Yakama Indian Nation be printed in the Record.
  The statement follows:

 Yakama Indian Nation Astonished by Gorton Floor Statement Wherein He 
 Made Analogy of Tribal Police Officer Acting Within Her Scope of Duty 
          and New York Cops Who Brutalized a Haitian Immigrant

       Toppenish, Washington.--The Yakama Indian Nation today 
     responded with both amazement and sadness to statements made 
     Wednesday on the Senate floor by Senator Slade Gorton (R-
     Wash.), wherein the Senator made an analogy of a 1994 
     accidental vehicular death involving a Tribal police officer 
     responding to an emergency call (regarding an urgent armed 
     robbery in progress), to the intentional brutal beating and 
     sodomization recently inflicted by New York City policemen 
     against Haitian immigrant Abner Louima.
       In what appears to be an attempt to justify a far-reaching 
     amendment he has inserted into an appropriations bill that 
     would eradicate tribal sovereign immunity, the senior Senator 
     from Washington has chosen to exploit the victimization of 
     Abner Louima and a tragic car accident that occurred on our 
     reservation.
       The facts of the case cited by Gorton should be brought to 
     light as should the point that a close associate of the 
     Senator, Yakima County Prosecutor, Jeff Sullivan, declined to 
     pursue a criminal prosecution (for ``disregarding the safety 
     of others'') against the tribal police officer involved in 
     the accident.
       On October 25, 1994, Tiffany Martin, a fully trained police 
     officer of the Yakama Indian Nation responded to an emergency 
     call for assistance from the Yakama County Sheriff's office. 
     There was a burglary in progress at a convenience store and 
     the closer police force in the city of Wapato had not 
     responded. Officer Martin proceeded in her police vehicle 
     northbound on Route 97 with both sirens and overhead flashers 
     on. During her response a second call came in indicating that 
     gun shots had been fired and the situation was clearly quite 
     urgent. As the officer approached a particular intersection, 
     where she initially had a green light, she slowed her vehicle 
     down (she estimates to between

[[Page S9028]]

     30 and 35 miles per hour), noticing a van stopped at the 
     intersection with its turn, signal on. Apparently next to the 
     van and hidden from the officer's line of sight was another 
     vehicle. Confirming that the stopped vehicle was aware of her 
     presence, she accelerated and went through the intersection 
     as the light turned yellow and then red. The van remained 
     stopped but the vehicle next it, being driven by 18 year old 
     Jered Gamache went forward and his vehicle and the police 
     care collided. Gamache died as a result of injuries suffered 
     in the collision. The tribal police force has expressed great 
     remorse to the Gamache family and the officer herself has 
     suffered tremendously and emotionally as a result of the 
     accident.
       While we have the greatest sympathy for the family of Jered 
     Gamache and can understand their pain we can not understand 
     how a member of the United States Senate could suggest that 
     this accident is somehow analogous to the celebrated Louima 
     beating in New York. Senator Gorton has stated that since Mr. 
     Louima is going to be suing New York City for millions of 
     dollars so too should the Gamache family be able to sue the 
     Yakama Nation for a similar amount. With all due respect, 
     this is not an analogy worthy of a former state Attorney 
     General. The New York policemen who beat Louima broke the 
     law. Our tribal police officer was acting within her scope of 
     duty and following routine procedures. While it is tragic, 
     there are unfortunately a large number of innocent bystanders 
     all across this country who are accidentally hurt or killed 
     by law enforcement officers discharging their duties. The 
     fact remains that police officers and the governments they 
     work for are protected by a sovereign immunity provided they 
     have acted within the line of duty in a non-negligent manner. 
     Would the Senator characterize, as he did on the floor, that 
     a claim against, say, a King County, Washington policeman 
     involved in an accidental vehicular death as ``identical or 
     similar'' to the claim Mr. Louima will be pursuing against 
     New York?
       Contrary to the Senator's assertions, the Gamache family 
     has not been denied legal recourse due to tribal sovereign 
     immunity. In fact, the Gamache family has a filed civil suit 
     which is currently pending in the Eastern District Federal 
     Court of Washington state, trial is set for December 8, 1997. 
     The Gamache family is pursuing this claim under the Federal 
     Tort Claims Act (28 USC 2671), which is the same statute 
     under which they would pursue a claim if any other federal 
     law enforcement official (FBI, National Park Service ranger, 
     etc.) has been involved in their son's death. The Federal 
     Tort Claims Act (FTCA) is the statute involved as the Yakama 
     Nation was operating its tribal police department under a 
     contract with the Interior Department pursuant to the Indian 
     Self-Determination Act and the tribal police officer was 
     acting as a federal agent. United States District Judge Fred 
     Van Sickle will determine whether the officer involved showed 
     contributory negligence which led to the accident and will 
     further determine whether she was properly acting within the 
     scope of her duty. The standards for these terms under FTCA 
     are the standards as they exist within Washington state law. 
     Not only are the Gamache's being given legal recourse, but it 
     is taking place in the ``neutral'' federal court which the 
     Senator wants to direct all cases coming from Indian 
     reservations.
       Perhaps this is a good example of the dangers of making law 
     based on anecdotal situations, particularly when the facts 
     have not been properly brought to light.

                          ____________________