NICE, Calif. – Seven people were arrested Wednesday afternoon following a fight that erupted between law enforcement and Robinson Rancheria tribal members during an eviction on tribal land, with injuries reported on both sides.
The eviction was the latest in a series of disenrollments and similar eviction actions taken by the tribe’s chair, Tracey Avila, and the tribal business council, with tribal leaders alleging that those removed from their homes have refused to pay rent and utilities.
However, those who have been removed maintain that it’s another example of retaliation against rival families and an attempt to control proceeds from the tribe’s casino.
The fight was reported to have broken out inside the apartment of Dwayne Duncan and his wife, Monica Anderson, when law enforcement came in during a religious ceremony led by a tribal spiritual leader, 57-year-old Douglas Duncan of Oakland, who was among those arrested.
Tribal member EJ Crandell, who was inside the home, said they were singing and praying when the deputies and tribal officers came in.
“This is the most extreme it’s been,” said Crandell – who has run for the tribal chair’s role and advocated for disenrollees and evictees – of the situation at the rancheria.
He reported being shoved by sheriff’s command staff during the fight, and watching as women were pushed to the floor.
Charlene Duncan, sister of Dwayne Duncan, said the evictions have arisen over political disagreements between her family and the Anderson family. “We just don’t believe in what they do.”
During the Wednesday incident law enforcement arrested Douglas Duncan for assault with a deadly weapon, battery on a peace officer and resisting, obstructing or delaying a peace officer, according to the sheriff’s office.
Also arrested were Kenneth Marcus Duncan, 26, of Lucerne, for battery on a peace officer and resisting, obstructing or delaying a peace officer; Adrien Thompson Malicay, 40, of Hidden Valley Lake for resisting, obstructing or delaying a peace officer; Raelene Renee Cromwell, 41, of Upper Lake for trespass, disturbing the peace and resisting, obstructing or delaying a peace officer; and Nina Nicole Duncan, 31, of Lucerne for resisting a peace officer by threat or violence, attempting to take a firearm from a peace officer and resisting, obstructing or delaying a peace officer, officials reported.
In addition, the sheriff’s office said Cathy Lyn Cooper, 24, of Sacramento was arrested for trespassing, disturbing the peace and resisting, obstructing or delaying a peace officer; and 34-year-old Dwayne Warren Duncan of Nice for trespassing and resisting, obstructing or delaying a peace officer.
Lt. Steve Brooks of the Lake County Sheriff’s Office said that on Wednesday morning Robinson Rancheria Police Commander John Irwin requested assistance from the sheriff’s office with a civil standby as he and tribal police officers evicted residents from a home and an apartment.
District Attorney Don Anderson confirmed to Lake County News on Thursday that he and some of his investigators also were on scene during the evictions on civil standby.
Brooks said Irwin did not immediately evict Dwayne Duncan from 3006 Quail Top Trail and allowed him several hours to remove his property from the apartment.
Charlene Duncan told Lake County News that on her way to drop her child off her child at school on Wednesday morning, she saw tribal police and sheriff’s deputies gathered at the Upper Lake Park. She said her sister-in-law first reported law enforcement outside of the home at 9 a.m.
Charlene Duncan went to the apartment on Wednesday morning to help her brother and his wife pack their things before leaving the home.
When Charlene Duncan got to the home, she said a sheriff’s deputy got in front of her and told her she couldn’t go on the property. At the same time, other people supporting her brother showed up to his home.
She said she went into the yard and Irwin put his hand on her back and tried to lead her off the property. Her brother then told her she could come inside to help his family pack. Eventually, they would be able to get almost everything out of the home and into storage.
She confirmed that an agreement had been reached to allow her brother until 2 p.m. to leave following a “back and forth” between tribal police and her brother that lasted about 40 minutes.
Another woman being evicted that day had her home broken into and then boarded up, despite having been given a time extension, Charlene Duncan and Crandell said.
She said her brother and sister-in-law had received eviction papers in December, and that they were seeking a 30-day extension. She maintained that they had receipts showing that the tribe had withheld per capita payments – which are payments to tribal members from casino profits – to cover rent and utilities.
“My honest belief and feeling is the only reason why they were going after Dwayne and Monica is because they loudly speak out against Tracey (Avila) and the tribal council,” Charlene Duncan said, maintaining there was “no legitimate reason” to take the home otherwise.
At about 2 p.m. her uncle, Doug Duncan, showed up to perform a blessing ceremony due to the “evilness of this action.”
Charlene Duncan said her uncle informed tribal police of what he was there to do. That ceremony was still going on when law enforcement arrived.
Brooks said that at approximately 3 p.m. Irwin again asked the sheriff’s office for a civil standby while he and his officers evicted Dwayne Duncan from the apartment. Investigators from the District Attorney’s Office responded for the second request as well.
While sheriff’s deputies were on scene both times during the day, Capt. Chris Macedo informed numerous people who were standing by that the Lake County Sheriff’s Office was not assisting in the evictions, but they were there to prevent any criminal acts that may take place, Brooks said.
Irwin and his officers entered the apartment to evict Dwayne Duncan, with sheriff’s deputies following to observe and help maintain peace, Brooks said.
He confirmed that a ceremony was still going on when law enforcement went into the apartment. Brooks said 15 to 20 people – including Dwayne Duncan – were inside and in a circle, performing a ritual.
Brooks said Irwin ordered Dwayne Duncan to leave the residence, he refused and Irwin placed him under arrest. Dwayne Duncan didn’t resist as Irwin handcuffed him.
As Irwin tried to take Dwayne Duncan out of the apartment, it’s alleged that the other people inside surrounded him and tried to prevent him from leaving, according to Brooks.
Brooks said when Irwin attempted to walk through the crowd of people, they pushed him backward and refused to follow any of the orders he gave.
Sheriff’s deputies went further into the apartment to create a safe path for Irwin. Brooks said the crowd inside the apartment pushed and shoved deputies and refused to follow any orders to move out of the way in order to allow Irwin to leave with Dwayne Duncan.
According to Brooks’ report, the people inside the apartment escalated their efforts to not allow Irwin to leave and the pushing and shoving of the deputies intensified.
Brooks – who described what followed as a “melee” – said Douglas Duncan hit two deputies with a bamboo stick. One of the deputies was struck over the head and received minor injuries.
During the fight Nina Duncan allegedly grabbed and attempted to remove a holstered firearm from one of the sheriff’s deputies who was attempting to assist Irwin, Brooks said. Nina Duncan was then taken into custody by deputies.
Brooks said the seven individuals who were arrested were transported to the Lake County Jail, where they were booked.
With the exception of Cromwell, who had a misdemeanor bench warrant, the rest of those taken into custody had posted the required portion of bail and been released by Thursday afternoon, according to jail booking records.
Charlene Duncan said her uncle, Doug Duncan, and his daughter both suffered injuries in the fight, with Doug Duncan having to wait until his release from jail to see a doctor for bruised ribs and lower back problems.
Anderson said that the seven who were arrested could end up being prosecuted in federal or local court. He expected it was a more likely outcome that they would be referred back to his agency for prosecution.
County Counsel Anita Grant told Lake County News that there are no cooperative law enforcement agreements between the Lake County Sheriff’s Office and Robinson Rancheria.
Grant said the sheriff’s office acts in accordance with Public Law 280, which grants exclusive authority to designated state and local law enforcement agencies to enforce criminal law violations which occur on Native American lands.
She explained that Public Law 280 applies to six states, including California, adding that tribes retain jurisdiction over tribal members for violations of tribal law.
Robinson’s intertribal conflicts began to escalate in 2008, as Lake County News reported, after Crandell defeated Avila for the tribal chair position, only to have Avila’s family on the tribe’s election committee later throw the results out.
Later that year, Avila and the tribal council took action to disenroll 67 members of the Quitiquit family – including the family matriarch who by that time had been dead a decade – saying they had been inappropriately added to the tribal rolls.
The Bureau of Indian Affairs later denied the disenrollees’ appeals and upheld the tribal council’s actions.
Since then, disenrollees have been evicted, as have other tribal members who maintain that they were forced from their homes as a matter of politics and retaliation.
Avila has managed to hold onto the tribal chair’s job since the 2008 election, despite the fact that she’s facing trial next month for embezzling more than $60,000 from the Elem Colony of Pomo in Clearlake Oaks between 2006 and 2008, while she worked as Elem’s fiscal officer.
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