By Steve Miller, Journal staff
The Oglala Sioux Tribal Council on Thursday suspended council member Don Garnier, who has been indicted on federal drug charges in New Mexico.
Garnier, 38, was arrested Sept. 19 on Interstate 25 near Raton, N.M., along with Anthony Leo Vocu, 42.
In early October, Garnier and Vocu were indicted on a federal felony charge of possessing marijuana with intent to distribute it. The two men also face related charges of conspiracy and "aiding and abetting" a crime.
The tribal constitution prohibits council members from holding office if they have been convicted of a felony.
But the constitution also gives the council the sole authority to judge the qualifications of its members, tribal President John Yellow Bird Steele said in a phone interview Friday. He said council members can also be suspended for broad acts of malfeasance.
Steele did not recall what the vote was to suspend Garnier.
If Garnier is convicted of a felony, he will forfeit his office as a council member from the Pine Ridge District, Steele said.
But until then, Steele said: "We have to follow due process. He's innocent until proven guilty."
Steele said Garnier was present at the special council meeting. Garnier contended that he just caught a ride in the wrong car on his way back to South Dakota from a meeting in New Mexico, Steele said.
Garnier will have an opportunity to present his case at a hearing before the council within 30 working days, Steele said.
The charges facing Garnier and Vocu are punishable by a maximum fine of $250,000 and up to five years in prison.
Both men are scheduled to be arraigned in Albuquerque on Thursday, Oct. 25, according to assistant U.S. Attorney Norm Cairns.
Authorities found 21 pounds of marijuana in the trunk of the car that Vocu was driving. Garnier was the only passenger.
Garnier and Vocu were stopped at what authorities called a "routine checkpoint" for drivers licenses, registrations and proof of insurance.
Contact Steve Miller at 394-8417 or steve.miller@rapidcityjournal.com
