A public defender from Durango has requested that a DUI charged be dismissed, saying the court doesn’t have jurisdiction to decide the case.
Public defender Amy R. Smith told the court last week that the alleged crime occurred on Ute Mountain Ute tribal land, and the court doesn’t have proper jurisdiction.
“We request the court to dismiss this case,” Smith said at a hearing on Thursday, May 21.
Both prosecutors and defense attorneys stipulated that a Bureau of Indian Affairs officer observed the initial traffic infractions on the Ute Mountain Ute reservation, but followed the suspect onto U.S. 491. After driving four miles north off the reservation, the suspect was stopped.
Smith further argued that the BIA officer in question wasn’t cross-deputized to work a case in Montezuma County, and the charges were filed by a State Patrol trooper. Smith admitted that the jurisdictional question was a complicated area of law with little precedent in Colorado.
“There’s a lack of clarity about territorial boundaries,” said Smith. “The charges should be dismissed in state court.”
Plewe acknowledged that Natives were barred from being charged in state court with crimes on tribal lands, but he questioned if the defendant could be sanctioned for crimes that occurred off the reservation.
Assistant District Attorney Sean Murray said yes, arguing the BIA officer was in fresh pursuit and had the authority to execute an arrest. Murray added that the suspect was accountable to the charges in Montezuma County, because part of the offense occurred off the reservation.
Plewe ultimately took the matter under advisement and reset the case for a hearing on June 12.
Adrian Price, 40, of Towaoc is charged as a habitual offender on multiple traffic violations including DUI. He remains in custody under a $5,000 bond.
