Indian panel grills county attorney, police chief on deaths

Posted on Wed, Feb. 22, 2006

NEWS TRIBUNE

Race doesn't matter when deciding whether to prosecute a suspect, St. Louis County Attorney Alan Mitchell told the Duluth American Indian Commission on Tuesday.

A complete review of the facts reported by investigators and years of experience in the legal system is what matters, he said.

"While I respect your experience, that can lead to an arrogance that can create mistakes," said commission member C.J. Bird. "Humans are humans are humans."

Mitchell responded that he wasn't claiming his office was infallible.

"We're trying to do the very best we can," he said. "You have to trust somebody."

A question of trust was why Mitchell, Assistant County Attorney John DeSanto and Duluth Police Chief Roger Waller attended Tuesday's meeting.

Since David Croud's death after an encounter with Duluth police in October, some people in the community questioned whether race played a part in how authorities handled the deaths of several Indians who died in or near Duluth during the past several years.

Mitchell discussed each of the incidents in question. In three killings, police have been unable to find enough evidence to charge anyone. In two cases, three suspects were charged. All three pleaded or were found guilty.

Mitchell spent much of his time discussing two cases in which no one was charged with a crime.

Darius Dean Goggleye, 50, died in July after a clerk pushed him out of the Lake Superior Bottle Shop. Goggleye, who was intoxicated, may have tripped before falling backward and hitting his head on the sidewalk, investigators said.

There were several reasons charges were not filed, Mitchell said. Goggleye had started the conflict and the clerk did not intend to harm him.

No charges were filed in the 2002 death of Timothy Curtis Buckanaga, 34, because Buckanaga, who was intoxicated, hit a man outside Curly's Bar and Grill. Buckanaga died after the man hit him once in self-defense.

Some at the meeting questioned that story. Bird said she's heard other versions from American Indians who claimed to see the incident but were not interviewed by police.

If there are witnesses who know more about the case, they should contact the police, Mitchell said.

Mitchell didn't discuss Croud's death. Because he died after a confrontation with Duluth police, Mitchell asked Washington County to decide whether any charges should be filed. Washington County decided Duluth police were not to blame for Croud's death.

Since Croud's death, some have called for the creation of an independent citizen board that would investigate complaints or concerns about police actions. Advocates would like the board to have subpoena powers and the ability to refer cases to county attorney offices for prosecution.

However, a board with those powers couldn't be created under current state laws, Mitchell said.

Duluth Superior

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February 2006 Reports

Last updated on February 24, 2006