ATMAUTLUAK TRADITIONAL COUNCIL

                               GENERAL DELIVERY

                           ATMAUTLUAK, ALASKA  99559

                                (907) 553‑5610

 

 

 

FINDINGS OF FACT AND COURT DECISION OF TRADITIONAL ELDERS COURT OF ATMAUTLUAK

                   

 

     THE ATMAUTLUAK TRADITIONAL ELDERS COUNCIL ACTING AS TRIBAL COURT CONVENED AT 1PM IN ORDER TO HEAR FURTHER TESTIMONY CONCERNING THE COMPLAINT OF AMBROSE AGUCHAK AND EDWARD BERLIN AGAINST RON PERRY CONCERNING RON PERRY'S INTERFERENCE OF THEIR MOOSE HUNT ON THE AFTERNOON OF SEPTEMBER 10, 1987.

 

     THIS INTERFERENCE RESULTED IN THE LOSS AND SPOILAGE OF 2,000 LBS. OF MOOSE MEAT, 3 DAYS OF TIME AWAY FROM THEIR NOMAL OCCUPATION AND TRAVEL EXPENSES TO PREVENT FURTHER INTERFERENCE.

 

     RON PERRY WAS NOTIFIED OF THE COMPLAINT BY REGISTERED MAIL ON NOVEMBER 5, 1987 AND INSTRUCTED THAT A FURTHER HEARING ON THE COMPLAINT WOULD BE HELD AFTER 10 DAYS OF NOTIFICATION, IN ATMAUTLUAK ELDERS COURT.

 

     RON PERRY WAS INFORMED BY TELEPHONE CONVERSATION ON THE AFTERNOON OF NOVEMBER 17, 1987 THAT THE HEARING WAS SCHEDULED FOR 1PM NOVEMBER 19, 1987 SO THAT HE COULD ATTEND THE HEARING AND GIVE TESTIMONY IN HIS BEHALF CONCERNING THE COMPLAINT.  HE SAID THAT HE WAS REFUSING TO SUBMIT TO THE COMPLAINT IN THE ATMAUTLUAK TRIBAL COURT AND WAS INFORMED THAT THE HEARING WOULD PROCEED ON SCHEDULE.

 

     THE COURT OPENED WITH A PRAYER BY ELDER ALEXIE MOCHIN SR.  FOLLOWING THE PRAYER AMBROSE AGUCHAK AND EDWARD BERLIN REAFFIRMED THE CHARGES AND SUBMITTED A LIST OF DAMAGES AS FOLLOWS:

     ESTIMATED WEIGHT OF 2 MOOSE, 2,000 LBS. AT REPLACEMENT VALUE OF

     $5. PER LB.    $10,000

     3DAYS EACH OF THE TIME AWAY ROM NORMAL ACTIVITIES AT $100 PER

     DAY.  AMBROSE AGUCHAK, EDWARD BERLIN, AND JOHN BERLIN 3 DAYS

     X 3 HUNTERS X $100 PER DAY.   $900

     TRANSPORTATION COST FOR AMBROSE AGUCHAK AND EDWARD BERLIN

      $80.   FOR A TOTAL OF  $10,980

 

     AFTER REVIEWING THE DAMAGE COST THE COURT HAS APPROVED THEM IN FAVOR OF AMBROSE AGUCHAK AND EDWARD BERLIN.  THE COURT HAS ALSO DETERMINED THAT DUE TO THE SPOILAGE OF THE MEAT AND AS A RESULT OF RON PERRY'S INTERFERENCE THE FURTHER JUGDEMENT OF THE COURT IS THAT RON PERRY SUBMIT TO 10 HOURS OF INSTRUCTION BY THE ELDERS COUNCIL OF ATMAUTLUAK SO THAT HE MAY RECOGNIZE THE JURISDICTIONAL BOUNDRIES OF ATMAUTLUAK PURSUANT TO RESOLUTION 86‑05 AS PUBLISHED IN THE TUNDRA TIMES, SUPTEMBER 22, 1987 AND TO ACQUAINT HIM IN THE PROPER PROCEDURE IN PROCESSING COMPLAINT THAT HE MAY HAVE AGAINST TRIBAL MEMBERS WHEN IN THE ATMAUTLUAK JURISDICTION SO THAT HIS OFFENSE DOES NOT OCCUR AGAIN.

 

 

 

 

 

     THE PAYMENT FOR THE MOOSE MEAT MAY BE MADE IN KIND OR IN CASH WHICH EVER IS MORE CONVIENIENT.

 

     THIS COURT ORDER WILL BE SUBMITTED TO THE FEDERAL ATTORNEY LOCATED IN ANCHORAGE FOR PROPER SERVICE TO RON PERRY.

 

CHARLIE NICHOLAI    ALEXIE MOCHIN SR.   CARL WASKA

 

 

CC/WARREN SPAHN U.S. ATTORNEY

   AMBROSE AGUCHAK

   EDWARD BERLIN

   RON PERRY

INFORMATION COPIES TO:

   DEPARTMENT OF LAW STATE OF ALASKA  BETHEL AND JUNEAU

   DEPARTMENT OF PUBLIC SAFETY STATE OF ALASKA BETHEL AND JUNEAU