Peninsula Daily News news sources
NEAH BAY – Defense attorneys for five Makah tribal members accused of illegally hunting a gray whale want to postpone trial until at least March so they have more time to prepare.
And while the Makah’s leaders say they remain committed to prosecution, tribal justice has also slowed down for a variety of reasons.
This includes ties between the tribal prosecutor and two of the accused – and the possibility of a joint plea agreement to both federal and tribal charges, according to Micah McCarty, a member of the Makah Tribal Council.
“I think there’s hope for a [mutual] settlement, with some kind of plea bargain, but it’s a bit premature and certainly up to the defendants to decide what options they want to pursue,” McCarty said.
“I believe it would be better for the federal and tribal government to keep this from going to trial.”
The five accused whalers – Theron Parker, Wayne Johnson, Andy Noel, Billy Secor Sr. and Frank Gonzales Jr. – were indicted on three misdemeanor violations by a federal grand jury in October.
The men allegedly harpooned and shot the whale in the Strait of Juan de Fuca on Sept. 8 without tribal permission and without a necessary waiver of the Marine Mammal Protection Act, a federal law that protects whales, seals, dolphins and other sea mammals from being hunted or harassed.
The case has hurt long-standing efforts by the tribe to get that waiver, and that makes tribal leaders eager to put the case behind them.
