The investigation of two Port Gamble S’Klallam tribal officers who detained three hunters in Brinnon earlier this month is done — but information won’t be released until Tuesday, state Department of Fish and Wildlife Deputy Chief Mike Cenci said.
“My office, the Jefferson County sheriff and the tribe will sit down and meet on Tuesday morning,” he said.
“The investigation has been completed, but the next step is to meet with the tribe and present our findings.
“From there it will go to the Jefferson County prosecutor’s office, and they can determine if any charges will be filed.”
Cenci said he intended to release a statement about the investigation on Tuesday afternoon.
“On Tuesday I will speak freely on the state’s position,” he said.
Held at gunpoint
Adam Boling of Brinnon filed a complaint with the Jefferson County Sheriff’s Office on Oct. 5, saying that he, his 2-year-old son and Boling’s two friends, Shelton residents Don Phipps and Danny Phipps — were detained illegally on Oct. 3 by law enforcement agents of the Port Gamble S’Klallam tribe’s natural resources department.
They said they were held at gunpoint for two hours while they were hunting on private property near Brinnon.
Boling questioned the jurisdictional right of the tribal officers to detain them and the length of the detention.
The tribe did not cite the hunters for any illegal activity.
Had to respond?
Last week, the tribe released a statement claiming tribal officers were within their jurisdiction and operating on the tribe’s “usual and accustomed hunting grounds” when they detained the men.
“On Saturday, Oct. 3, Natural Resources Enforcement officers, employed by the Port Gamble S’Klallam tribe, responded to a call about possible illegal elk hunting activities in Brinnon. These officers were the first to the scene,” said the tribe’s prepared statement, released Friday.
“Natural Resources Enforcement officers are mandated to respond when a possible violation is reported within the tribe’s usual and accustomed fishing and hunting grounds and are expertly trained to handle these situations.”
The tribe also has started its own, independent investigation into the matter.
“To ensure all voices are heard, the Port Gamble S’Klallam tribe has commissioned an independent investigation into the events surrounding this situation,” the statement said.
At the same time, the tribe is working with both the county and state, it said.
Boling said in his complaint that agents approached him and his friends with guns drawn after Don Phipps shot and killed an elk under the conditions of a special permit.
He also said his 2-year-old son wandered around the area crying while the three men were detained.
Cenci has said that the hunter was in an open area for licensed hunters with a special permit to hunt elk with a muzzle loader rifle, and that the hunter had a valid state hunting license.
Not tribal police
Port Gamble S’Klallam Natural Resources Director Paul McCollum has said the two officers were working as game agents under his department and not as tribal police.
Jefferson County Sheriff’s Sgt. Mike Stringer, who is a former officer with Suquamish tribal police, has said that all tribal officers have jurisdiction only on tribal land, if they are dealing with tribal members or if they have a cross-commission from the sheriff.
The hunters who were detained were not Native American, and the land near Brinnon — across Hood Canal from the Port Gamble reservation — is private property that is not tribal land, according to Boling.
Jefferson County Sheriff Tony Hernandez said the Port Gamble S’Klallam tribal police do not have a cross-commission with Jefferson County.
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Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com
