Chediski fire-starter asks judge to drop Tribe's lawsuit
By: Mara Reyes , The Independent 12/19/2003
WHITERIVER - Valinda Jo Elliott's attorney appeared Wednesday morning in the White Mountain Apache Tribal Court to ask for dismissal of the civil action brought against her by the Tribe. The civil suit was filed after U.S. Attorney Paul Charlton announced that federal charges would not be brought against Elliot, 32, for starting the Chediski fire because he did not find evidence of malicious intent.
Elliott, a Phoenix resident, ignited the Chediski fire to get the attention of a news helicopter crew after she became lost on tribal land for two days during June 2002. The tribal chairman had issued an executive order prohibiting anyone from entering tribal forest lands due to extreme fire danger.
The blaze later grew out of control and merged with the Rodeo Fire to form the largest wildfire in Arizona history, spurring the evacuation of 30,000 residents. The Rodeo-Chediski Complex Fire burned about 470,000 acres and 491 structures, costing about $26 million in property damage, more than $43 million to suppress and another $43 million for rehabilitation.
The Tribe lost millions of dollars from the Chediski Fire, which devastated prime timber, natural resources and wildlife, public information officer Chadeen Palmer said.
Tribal member Leonard Gregg, 30, of Whiteriver was charged with starting the Rodeo fire reportedly to earn money as a contract firefighter.
During Wednesday's one-hour hearing, Chief Judge Durango Fall heard two oral arguments and two rebuttals. Arriving 30 minutes late, Kevin O'Grady, one of Elliott's lawyers, argued that tribal law does not apply to her as a non-Indian and federal jurisdiction supersedes the tribe's authority. (Elliott was not present at the hearing.)
Tribal Attorney George Hesse argued that the tribal law applies to anyone on tribal land, whether they are tribal members or not. Hesse asserted that the Tribe needs to protect its lands and be able to enforce its own laws. He also stated that it's important the Tribe maintains its sovereignty.
Judge Fall said he would render his decision as soon as Thursday morning. If he decides against the Tribe, it either ends the civil action or the Tribe can appeal, which Hesse has pledged to do if necessary.
If the judge rules in favor of the Tribe, the tribal Legal Department and Elliott's attorneys will prepare for trial, which could take several months.
In that eventuality, the outcome of the trial will determine whether Elliott is liable or not for the damages on tribal lands caused by the fire she started. If she's found liable, the Tribe will ask for restitution and civil fines. Hesse declined to specify the amount the Tribe would seek in damages but said it would be in the "millions" of dollars.
However, the Tribe is not likely to ever such see a large sum from Elliott. "The amount for damages far exceeds her resources. I don't think she has much of anything. Our obligation is to enforce the laws. I think there's value in accountability, even if we never recover the financial loss," Hesse told The Independent.
"She caused a significant damage. The issue here is that she was trespassing in a closed area. No one was supposed to be there, not even a tribal member," Palmer said.
"In our view, she violated our laws, caused harm and should be held accountable. We would be failing in our duty if we didn't take action. We're the only one in position to do this. The buck stops here," Hesse added.
Dennis 
