New twist in investigation: Port Gamble tribal police thought elk hunters were trespassing — in Brinnon

A full investigation is under way into an allegation of illegal detention of hunters by two Port Gamble S’Klallam Natural Resources law enforcement officers — including a new claim that the officers thought that the hunters were trespassing — but no information will be released until Monday, at the earliest.

The Jefferson County Sheriff’s Office and state Department of Fish and Wildlife are working together investigation a complaint filed with the sheriff’s office by Adam Boling of Brinnon last Monday.

Boling said that he, his 2-year-old son and two friends — Don Phipps and Danny Phipps, both of Shelton — were detained illegally by law enforcement agents of the Port Gamble S’Klallam tribe’s natural resources department at gunpoint as they were hunting on private property near Brinnon on Oct. 3.

He questioned the jurisdiction of the tribal officers to detain them in Jefferson County, and their right to detain them for so long.

Port Gamble S’Klallam Natural Resources Director Paul McCollum has said that his officers were acting properly.

Witness interviews

Jefferson County Sheriff Tony Hernandez said Friday that an investigator with his office and a wildlife investigator conducted interviews with witnesses and collected statements in Brinnon.

“We are looking at everything at this point in time, from the incident to a new claim that the [tribal officers] believed the hunters were trespassing,” he said.

“The report may be complete on Monday, but I can’t say for certain.”

Hernandez said his office has not received an official report from Port Gamble S’Klallam Natural Resources as of Friday night, but he was confident he would get it soon.

“If there was a violation that occurred in Jefferson County, we are going to find out,” Hernandez said.

Cenci gets documents

State Department of Fish and Wildlife Deputy Chief Mike Cenci said his office has received documents from the tribe regarding the incident. He expects to release some information pertaining to the investigation in the coming week — possibly as early as Monday.

“We’re making some progress in the investigation, but it’s not complete yet,” he said.

“We do have a copy of the report [from the tribe], and once the investigation is complete, it will become public record.”

It also will then be forwarded to the Jefferson County Prosecuting Attorney’s Office for review, Cenci said.

Boling said in his complaint that agents approached him and his friends screaming and with guns drawn, after Don Phipps shot and killed an elk under the conditions of a special permit, and detained them for two hours.

Boling also said his 2-year-old son was left to wander around the area crying while the three men were detained.

The men were not cited.

Cenci has said that the hunter was in an open area for licensed hunters with a special permit to hunt elk with a muzzle loader rifle, and that the hunter had a valid state hunting license.

McCollum has said the two officers were working as game agents under his department and not as tribal police.

Jurisdiction

Jefferson County Sheriff’s Sgt. Mike Stringer, who is a former officer with the Suquamish tribe, has said that all tribal officers have jurisdiction only on tribal land, or if they are dealing with tribal members or if they have a cross-commission from the sheriff.

The hunters who were detained were not Native American and and the land is private property that is not tribal land, according to Boling.

Hernandez said the Port Gamble S’Klallam tribe does not have a cross-commission with Jefferson County.

McCollum said Thursday that his agency’s report had been completed and forwarded to state hunting officials, but he did not identify which office.

“The illegal hunting part of this is still under investigation, and we have sent it into the state for review,” he said then.

He declined further comment until later.

________

Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com.

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