Inside the struggle | FBI, USAO on combatting violent crime on the Yakama Reservation

YAKIMA, Wash. — At least 31 Indigenous people remain missing from the Yakama Reservation, according to the latest list from the Washington State Patrol.

In recent years, some missing Indigenous people have been found dead and while some of the killers are behind bars, others are still at large.

The agencies responsible for addressing those cases vary from state to state but in Washington state, it's the FBI that investigates and the U.S. Attorney's Office that prosecutes violent crimes on tribal land.

U.S. Attorney for the Eastern District of Washington Vanessa Waldref said in order for her office to prosecute a case, they have to prove that it meets the requirements needed for it to fall under federal jurisdiction.

"When we’re addressing violent crimes in Indian country under the Major Crimes Act, the jurisdictional hook needs to be that, on tribal lands, we either have an enrolled member, as the victim or as the defendant, as the offender, in the crime," Waldref said.

Cases involving lower-level crimes, crimes committed outside the boundaries of the Yakama Reservation or those where a crime occurs on tribal land but doesn't involve tribal members would all be cases that did not fall within federal jurisdiction.

Waldref said the restrictions on when they're allowed to prosecute a juvenile at the federal level are even stricter.

“There's been an uptick in juvenile crime and that can really make the community feel unsafe," Waldref said. "And I've been asked, why aren't you doing more? Why can't the federal government become involved?”

Waldref said in many cases, they don't have the authority to prosecute juveniles. She said due to the resources state and tribal agencies have available for juveniles, that's where most of those cases are prosecuted.

“When we get involved, it's only in the most serious of cases that involve juveniles who are suspected of murder or rape or really dangerous, violent crimes," Waldref said.

However, Waldref said even when they are able to prosecute juveniles who reach that level, they often have to proceed in court will all of their materials under seal, due to rules surrounding juveniles' rights to privacy.

"It can also be very challenging for the community because we're not able to talk about these cases while they're going on," Waldref said.

Waldref said in all cases, they have to be careful about what information they release due to the potential impacts on the case.

“If anything comes out about the investigation or the prosecution that could interfere with our ability to effectively bring that case in court, we would be devastated and justice wouldn't be done," Waldref said.

Waldref said providing too much information to the public can also put witnesses or confidential informants at risk. She said it can also cause the case to move to a different court in order to give a defendant a better shot at a fair trial with a jury who may not have seen the information about the case.

However, the lack of transparency and limited communication have been points of frustration for the community, especially victims’ family members.

In the years it took for those suspected of conspiring to cover up Rosenda Strong's murder in 2018, Cissy Strong Reyes received just a handful of phone calls from the FBI updating her on the case.

It wasn't until last fall, when seven people were indicted in connection with that cover-up, that Reyes learned more about what investigators believe happened to her sister.

FBI Seattle Special Agent in Charge Richard Collodi said they do have victim specialists dedicated to offering resources to victims' families, it's true that they often aren't able to provide much information about the status of an investigation, which can often take years.

"What we want them to know — similar to the Rosenda Strong case — is whether or not you hear from the FBI, know that our people continue to work," Collodi said. "We continue to investigate. We continue to collect evidence and move those cases forward.”

However, one of the barriers they face in moving cases forward is not a lack of witnesses, but the fact that many of them refrain from coming forward with information because they fear retaliation.

Both Waldref and Collodi said those fears are valid, but that they have systems set in place to help and that there's more safety for those witnesses receiving federal protection than those who aren't.

“If someone needs to be moved or provided housing or provided other kinds of sustaining life ability, we can bring that to them to help belay those fears and allow them to be able to help us bring justice," Collodi said.

Anyone with any information about major crimes occurring on the Yakama Reservation can contact the FBI at tips.fbi.gov.

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