Gila River Indian Community Considers Tribe Banishment and Disenrollment for Violent Criminal Offenders

Following a recent outbreak of violent crime on the Gila River Indian Community reservation in Arizona, home to members of the Akimel O’odham (Pima) and Piipaash (Maricopa) tribes, for the first time in the community’s history they may adopt the banishment and tribal disenrollment for violent criminal offenders. 

The proposed tribal ordinance would empower the Community Council to hold hearings to impose banishment defined as a prohibition from “entering or residing on any part of the Reservation,” with banished members being, “ineligible to receive per capita payments, ineligible to vote in Community elections,” and “ineligible to participate in Community sponsored events,” according to a survey from Governor Stephen Roe Lewis and the Community Council. The punishment could be applied to members who have “committed a violent felony offense (or three violent offenses, whether misdemeanor or felony).”

 The proposed ordinance would also allow for a sentencing enhancement of “disenrollment” for “a person who commits one of the most serious offenses, such as: homicide, aggravated assault, kidnapping, (and/or) violent sexual offense.”

According to the tribal government, “A person subject to disenrollment would have the opportunity to be present at the Community Council hearing to present evidence and call witnesses. Banishment would not interfere with a person’s jail sentence, and disenrollment would not affect the enrollment status/eligibility of the disenrolled person’s children.”

The proposal was drafted in response to a surge in violent crime, which was first addressed publicly by Gov. Lewis in February when he declared a public safety emergency in the community, governing over 14,000 members. The tribal government initially responded by issuing an “enhanced” curfew for tribal minors set to expire on March 9^th; however, the curfew has been repeatedly extended through the end of 2026. 

Despite the curfew, the violence reportedly continued, with the death of Karen Peter, an elder from the community’s 3^rd District who was raped and beaten to death in April according to Fox10. 

“It’s always difficult to lose members of our community, but this circumstance is especially heartbreaking and upsetting because our elder was taken from her family, her district and our community in a violent way,” Lewis said in a video posted to social media. “And this violence appears to have been perpetrated by members of our own community.”

Three tribal members, an adult and two minors, were arrested in connection with Peter’s death, according to Lewis. Still, details in the case have been scarce, and Lewis provided no further information to reporters. A request for additional information from the Gila River Police Department by The California Globe was denied due to the ongoing nature of the criminal investigation.

Gila River Indian Community July crime statistics reported in The Gila River Indian News revealed that in just one month, the tribal police reported 64 calls for simple assault, 28 calls for aggravated assault, eight burglaries, 25 calls of disorderly conduct, 27 calls for theft, six rape incidents, and four other cases of sexual assault, along with 13 weapons offenses.

Chief Judge of the Gila River Community Court Anthony Hill lauded the proposal during a five-hour Town Hall meeting on July 12th, saying that “One of the big things that the legislative committee and the council is working on is a new law regarding banishment and disenrollment. Banishment: meaning that you are removed from the community for crimes that you may have committed. Disenrollment: meaning you are going to be kicked out of the tribe for crimes that you have committed. These two ordinances are in draft form,” he told the meeting. “The court and other justice entities, we’ve had input on it. Changes have been made to it. And I believe that it is going out for public comment now. So you will get a chance to see directly what the changes to these laws are.”

Responding to the community’s concerns regarding the review and revision of the tribal laws, Gov. Lewis told the meeting, 

“… this is something that the administration, that we have been working with our council, with the legislative standing committee, and with the courts as well in looking at ordinances, looking at maybe new laws that need to address, … certain situations within our community to keep our community safe. That’s something that we’re continuing to do. That’s something that when we looked at, especially with the latest with the banishment, that’s something that was brought … to leadership by you community members affected by violence in our community. And as you can see … our system is not perfect. Our tribal government is not perfect. But … but it works. It’s not broken. 

And I know that there’s a lot of… there’s a lot of frustration, but it works and only with the support of you as community members, urging us and again keeping us accountable, keeping your leadership accountable.  That is, if you’ve seen that is what… That is how we have addressed issues. That is how we are looking again, at addressing issues such as management, such as enhanced ordinances and laws … to address specific violent perpetrators in our community and our courts as well.”

Gila River Police Chief Jesse Crabtree was removed from his position just days later, and his replacement has not been named as of this report. The California Globe requested a statement from Governor Lewis; however, no response was received by the time this story was filed. 

The proposal, as reported by AZ Luminaria, would present the first time a tribal government in Arizona has enacted a formal measure of this kind into its criminal code. The survey was created to gauge support among tribal members and was initially set to close on August 31^st, but was extended on Thursday to September 13^th to increase participation.