Ambiguous: adj.
1) doubtful or uncertain especially from obscurity or indistinctness
2) not expressed or understood clearly

Jurisdiction on the Yakama Reservation is a messy topic with no definitive answers. It continues to confuse and surprise me over four years after Josiah was killed while passing through on Hwy 97, a state owned and maintained roadway.

I can at least assure you that I am mostly clear, probably much clearer than many. That said, this is my own understanding of what has been shared with me specifically in regards to my son’s case.

If you have been following my blog or my Facebook page, it is quite possible that some of what I’ve said concerning law enforcement–the FBI, Yakima County Sheriffs Department, federal prosecutors, my mention of the federal plea deal and why the heck I’d be meeting with Yakima County District Attorney this past July when I traveled to Washington to complete Josiah’s journey to the Gorge— may have sounded contradictory or perplexing.

I thought it a good idea to try and explain the murky topic of jurisdiction as best I can. That said, don’t lay too much money on the table if you are waging bets on how it works in other cases because I don’t want you to lose.

There are multiple law enforcement agencies that cover and respond to disturbances on the Yakama Reservation–Yakima County Sheriffs Department, Washington State Patrol (WSP) and the Federal Bureau of Investigations as well as Tribal Police. Where a crime takes place including to whom and by whom determines jurisdiction in any given incident.

Jurisdiction is determined by whether the perpetrators are native as well as the victims and whether or not the exact location of the incident is native or privately owned land. The Yakama Reservation covers close to 1.4 million acres, however within the reservation are many privately owned parcels and areas. The picture below shows the patchwork which helps to determine what law enforcement agency would claim responsibility for any given incident. The picture comes from an article in the Seattle Times, published on February 16, 2020, a little over 8 months after Josiah was killed. It specifically speaks to the White Swan killings which were investigated in conjunction with Josiah’s case. I highly recommend reading it.

“Amid a crime wave on Yakama Reservation, confusion over a checkerboard of jurisdictions”

Approximately six hours before the killings in White Swan, the abandoned Honda Civic Josiah had been traveling in was found burned in a Wapato fruit orchard. The farmer living on the property reported it and Yakima County Sheriffs Department responded to the scene. Washington State Patrol was then notified of the car and they responded to perform a search of the vehicle and deal with the removal (which I have been told is standard procedure).

Later that day, when the killings took place in White Swan where five people were murdered at a trailer on Medicine Valley Road, once again Yakima County Sheriffs Department responded along with members of Tribal Police and the FBI. After a lengthy conversation, a determination was made that those crimes fell under federal jurisdiction which put the case in the hands of the FBI.

For close to three weeks, the Yakima County Sheriffs Department held onto Josiah’s case before handing it over to the FBI. This was due to evidence tying the killings to the White Swan killings, meaning that the Clouds were thought responsible for a total of seven deaths in less than 24 hours.

I was beyond relieved when the FBI took Josiah’s case over as the Sheriffs Department’s handling was (in my opinion) negligent at best. You can read about my experience in Chapter 6 which is posted here on on my blog.

On June 27th, 2019, the investigation then became a federal case along with everything that followed–waiting for charges to be filed in federal court, dealing with federal prosecutors and finally going before a federal judge when James and Donovan Cloud were sentenced for the killings at White Swan. This was all done at the federal level. To secure convictions in the charges for White Swan, federal prosecutors offered immunity from charges related to the carjacking that resulted in the murders of both my son, Josiah, and the driver, Jon Cleary.

As I previously wrote about in He Mattered, Donovan Cloud accepted the plea deal which means that as long as he abides by the stipulations in his agreement, he will NEVER face charges for what happened to Josiah. James did not accept the plea deal and could theoretically be charged, but it is doubtful as there is no witness to testify against him, and he is currently serving multiple life sentences. You can read more about James and where he was first housed here. Unfortunately, since my son’s case is neither open (because of Donovan) or closed (because of James), it is effectively locked in a grey zone making it not possible for me to file for discovery (all the facts about his case) through the Freedom of Information Act (FOIA).

As it stands now, Donovan is set to be released on Sept 11th, 2042. He will be in his mid-50s, back in the world after being involved in events that led to the deaths of seven people. And yet, in a statement from US Attorneys Office, Eastern District of Washington, US Atty Vanessa Waldref released the following statement,

 “The sentences that were imposed in this case demonstrate that those who victimize members of our community will be held accountable and punished to the full extent of the law. However, such lengthy sentences simply cannot substitute for the tragic loss of so many lives. The public can feel better knowing that James Cloud and Donovan Cloud are no longer roaming the streets and will no longer be able to inflict harm on the Yakama Nation. The Eastern District of Washington is undoubtably safer and more secure. I am grateful for the dedication and perseverance of the FBI, the ATF, the Yakama Nation Tribal Police, the Yakima County Sheriff’s Office, and the Washington State Patrol, who collaborated with Assistant United States Attorneys Tom Hanlon and Rick Burson to see these cases through to just results. We will continue to mourn with the victims and our hearts will forever grieve for their families.”

– Two Washington Men Sentenced… Justice.gov — Oct 13, 2022

I do not agree that justice has been served and am committed to continuing to ask questions of the authorities who make statements that suggest they are interested in upholding the law.

So, that comes to Yakima County District Attorney Joe Brusic and why I met with him this past July. In an article released on January 15th in the Yakima Herald, Joe Brusic indicated interest in possibly pursuing charges at the local level and I considered it due diligence to follow up on his claim by inquiring about what his intentions were.

How is this possible? Well, Josiah and Jon were both non-native and the crime took place on a state roadway (Hwy 97) making it qualify for local jurisdiction. Up until the article was published, I did not know that the Clouds could be charged anywhere but at the federal level. I was elated to discover that we might find justice at the local level and in my mind, right the wrongs of what federal prosecutors did by using Josiah’s murder as a pawn in their case for White Swan.

My phone conversations with Joe Brusic were mostly positive and appeared to be forward moving, so I thought I’d take the time to meet with him on my trip to Washington–discuss the details, put a face with a name, shake hands, extend gratitude, but it didn’t unfold that way. Brusic’s behavior was aggressive, imbalanced, and not anything I would expect from someone holding public office. I will be sharing more about our meeting in Remember the Birds, the book.

Upon returning home, I wrote the following letter to the editor of the Yakima Herald as a thank you to the people of the city and county of Yakima and the many natives from the Yakama Tribe who continue to provide light on this sometimes dark path.

Thanks for reading, Everyone! Feel free to comment with any questions. I will answer them if I can. And thank you, thank you, thank you for continuing to follow along! I am back to working on the book!

Liz, Josiah’s mom