I swear......this woman is such an *idiot*!!!
Fire starter seeking dismissal of civil suit
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Jacques Billeaud
Associated Press
Aug. 5, 2003 12:00 AM
A woman who started part of the largest wildfire in Arizona history has asked a tribal judge to dismiss a civil case filed by an Indian tribe that suffered huge losses in the blaze.
A lawyer for Valinda Jo Elliott told Chief Judge Durango Fall of the White Mountain Apache Tribal Court on Monday that the tribe can't pursue its civil complaint against her because it doesn't have jurisdiction over her.
The law generally prohibits tribes from filing civil cases in tribal court against people who aren't Indians, said Kevin O'Grady, an Elliott lawyer.
While there are a few exceptions to the rule, none apply to Elliott, who isn't an Indian, O'Grady said.
David Osterfeld, an attorney for the tribe, didn't immediately return a phone call Monday seeking comment.
The tribe can't file criminal charges against Elliott but maintains it can bring her to civil court for starting a blaze that merged into last summer's "Rodeo-Chediski" fire.
The fire burned 469,000 acres, destroyed 491 homes and forced the evacuation of 30,000 people in eastern Arizona.
It also charred sacred Apache sites and accelerated the demise of the White Mountain Apaches' timber industry, which provides 60 percent of the tribe's income.
Authorities say the "Rodeo" fire was started by part-time Firefighter Leonard Gregg, a tribal member who faces trial on federal criminal charges.
Elliott, who was lost on White Mountain Apache land for two days, started the "Chediski" half of the fire as she tried to get the attention of a TV news helicopter. The helicopter rescued Elliott, but the fire later grew out of control.
Elliott, 32, wasn't prosecuted for starting the fire because federal prosecutors said there was insufficient evidence of criminal intent.
The tribe alleges Elliott disobeyed an executive order banning nearly all people from certain areas of the reservation because of fire danger.
If she loses in tribal court, the tribe said Elliott could face up to $4,500 in fines.
She also could be fined for the cost of rehabilitation of the burned land, all expenses associated with the Chediski fire and for punitive damages, the tribe said.
Dennis