Riverside County sheriff asks U.S. to shut Soboba Casino
10:00 PM PDT on Tuesday, July 29, 2008 By MICHELLE DeARMOND and JOHN ASBURY The Press-Enterprise
Riverside County Sheriff Stanley Sniff has asked the federal government to shut down Soboba Casino on the San Jacinto-area reservation where three tribal members were fatally shot by deputies earlier this year.
Sniff said Tuesday that tribal leaders have instructed reservation security guards to block deputies serving search warrants or conducting other nonemergency business on the reservation. The tribe has a guard shack and gate at the entrance to the reservation's residential area.
The guards required deputies to wait for tribal approval to enter the reservation in one instance a few weeks ago, the Sheriff's Department said.
Tribal officials have said deputies cannot enter the reservation without tribal permission, except when responding to 911 calls or in hot pursuit. The policy came to light just days after the two sides signed a memorandum three weeks ago agreeing to work cooperatively, the Sheriff's Department said, and Sniff wants Soboba Casino closed until the tribe changes that policy.
"I regret that it has come to this, but to protect, preserve and perpetuate an isolated pocket of lawlessness that causes fear in our neighboring communities within Riverside County is simply not an option or sound public policy," Sniff told the Riverside County Board of Supervisors on Tuesday morning. "It sets up a disparate law enforcement treatment of tribal members."
On Tuesday, the Soboba Tribal Council issued a statement questioning the sheriff's letter and statement to the Board of Supervisors.
"At no time has the Riverside County Sheriff's Department been denied access either to the casino or on the reservation and we have documentation to substantiate that fact."
The National Indian Gaming Commission, the federal agency that regulates Indian casinos, confirmed that it has received Sniff's letter and is monitoring the situation. Commission spokesman Shawn Pensoneau did not say whether the commission would be taking any action against the tribe
"We're concerned about any and all situations that could cause problems with the patrons in the surrounding areas," Pensoneau said Tuesday.
The commission has the ability to shut down an Indian casino for safety reasons, but commission Chairman Phil Hogen has said previously that the agency has done so probably only a few times in its 20 years in existence.
Hogen didn't recall any cases similar to the Soboba situation, and he said most of the safety concerns at other casinos have involved building issues, such as inadequate fire protection.
The commission warned the tribe that it ran the risk of closure after the three tribal members were killed in May.
Soboba Surprise
Sniff's announcement surprised tribal leaders, who said the Sheriff's Department has no right to try to interfere with the tribe's gambling rights. The tribe maintained that gamblers and employers are safe and the deaths were separate from the casino.
At their regular meeting Tuesday, Chairman Robert "Bobby" Salgado and members of the Tribal Council quietly watched a rebroadcast of the Board of Supervisors' meeting, hearing Sniff's remarks for the first time.
"I don't know where he's coming from," Salgado said. "They're not denied anything. If they had an issue, why not bring it to the table?"
Earlier this month, Salgado and Sniff signed a memorandum of cooperation between the Sheriff's Department and Soboba Band. The U.S. Bureau of Indian Affairs and Justice Department helped broker the agreement.
The two agreed to have a "cooperative relationship," but it became clear after the ceremonial signing that there were differences of opinions on a federal law known as Public Law 280. The law allows state or local law enforcement agencies to enforce state law on Indian reservations in California and a few other states.
Salgado said the deputies needed tribal permission to enter the reservation for anything other than 911 calls and hot pursuits; Sniff said his deputies needed no such permission.
In their meeting Tuesday, tribal leaders said the Sheriff's Department has come onto the reservation at least five times since the memorandum was signed, although Salgado said he's concerned about deputies being on the reservation unmonitored.
Tough Talk
Riverside County Supervisor Jeff Stone called for Soboba to replace Salgado as chairman and for residents to avoid the tribe's casino as unsafe. He previously has said a change in tribal leadership might be required to solve the problem. Stone warned of the possibility for more violence.
"Mr. Salgado will have to deal with future tragedies and loss of life, which should haunt his consciousness if his direction remains the same," Stone said.
Stone wasn't the only supervisor talking tough about the tribe.
"Unfortunately, tribal members, at least from this tribe, believe they are above the law," Supervisor John Tavaglione said. "I hope that Mr. Salgado will either show some leadership or step down."
Salgado said the county government has no right to try to get involved in tribal leadership issues.
"Even if I do step down, the law's still going to be here. Maybe they don't realize I'm a stronger leader than they think I am," Salgado said "They're used to walking over someone instead of someone who stands up for what's right."
Sniff also said will seek criminal investigations of Salgado and other tribal members who obstruct law enforcement. It was unclear whether he planned to investigate them immediately or he meant that as a threat in the event that tribal members or employees interfere with law enforcement in the future.
Sniff sent his letter Monday to the National Indian Gaming Commission, formally requesting that the federal regulatory agency close Soboba Casino.
Sniff also has asked the FBI to review two officer-involved shootings that left three tribal members dead on the reservation in May.
Staff writers Julia Glick and Gail Wesson contributed to this report.
Reach Michelle DeArmond at 951-368-9441 or mdearmond@PE.com