Post by blackcrowheart on Jun 13, 2007 14:35:41 GMT -5
Tribal ceremonies basis for defense: Watertown man is charged after
taking dead hawk
By Brad Bauer
Powwows, the circle of life and what it means to walk the red path were
argued Thursday in Marietta Municipal Court as a local man with ties to
Native American culture fought to avoid a year in jail.
Steve Coulter, aka "White Buffalo," 61, of Watertown, is accused
of being in possession of two deceased hawks he found lying along area
roads last fall. He was in court for a hearing on a motion by his
attorney to dismiss the case.
The birds are not endangered, but are still protected by state and
federal law. Being in possession of a hawk, owl or eagle is punishable
by up to six months in jail and a $1,000 fine.
Coulter, a disabled contractor who was raised Baptist, said he is the
leader of a local Native American tribe called "The People's
Nation." He is fighting to have the charges dismissed based on his
religious beliefs.
Feathers from the hawks were to be used to make fans that would help
lift smoke and prayer during ceremonies, Coulter testified.
"We honor birds in their height — the altitude they can
fly," he said. "The closer to the creator they are, the stronger
the prayer."
Ohio Department of Natural Resources Investigator Charlie Stone said a
motorist noticed someone pick up a hawk last November along Ohio 550.
The individual recorded a license plate number and reported it to
wildlife officials.
Stone said special permits are required to possess hawks and other
protected animals, even if they are found dead. He said Coulter does not
have the required permits, which are extended to individuals on a
limited basis. Religious purposes is not among the criteria for issuing
a permit.
When Marietta Municipal Court Judge Janet Dyar-Welch asked Coulter to
prove his ancestry, he said he is a descendant of the Lenapa and
Cherokee tribes, but could not exactly say how.
Coulter's attorney, Assistant Washington County Public Defender Eric
Fowler, argued that the judge's questioning was not relevant because
people are entitled to change their religion, despite their ethnicity or
race. Fowler noted movie star Sammy Davis Jr., the son of a black
vaudeville star and a Puerto Rican dancer, converted to Judaism after
reading Paul Johnson's "A History of the Jews."
In response, Welch asked Coulter if Native American tribes generally
accepted people from other faiths. Coulter said "adoption" was
not uncommon.
"There is not a great deal of difference between the Native American
way and Christianity," Coulter said. "The major difference is
that this is a 24/7 adventure and not just when everyone gathers for a
meeting."
Seven members of Coulter's tribe sat in the back of the courtroom in
full native dress. Coulter said there are about 100 members in the local
tribe, but only about 25 who are active.
Attorneys are expected to file written arguments as a supplement to
Thursday's testimony by March 16. Dyar-Welch will then decide if the
case should be dismissed or go to trial.
taking dead hawk
By Brad Bauer
Powwows, the circle of life and what it means to walk the red path were
argued Thursday in Marietta Municipal Court as a local man with ties to
Native American culture fought to avoid a year in jail.
Steve Coulter, aka "White Buffalo," 61, of Watertown, is accused
of being in possession of two deceased hawks he found lying along area
roads last fall. He was in court for a hearing on a motion by his
attorney to dismiss the case.
The birds are not endangered, but are still protected by state and
federal law. Being in possession of a hawk, owl or eagle is punishable
by up to six months in jail and a $1,000 fine.
Coulter, a disabled contractor who was raised Baptist, said he is the
leader of a local Native American tribe called "The People's
Nation." He is fighting to have the charges dismissed based on his
religious beliefs.
Feathers from the hawks were to be used to make fans that would help
lift smoke and prayer during ceremonies, Coulter testified.
"We honor birds in their height — the altitude they can
fly," he said. "The closer to the creator they are, the stronger
the prayer."
Ohio Department of Natural Resources Investigator Charlie Stone said a
motorist noticed someone pick up a hawk last November along Ohio 550.
The individual recorded a license plate number and reported it to
wildlife officials.
Stone said special permits are required to possess hawks and other
protected animals, even if they are found dead. He said Coulter does not
have the required permits, which are extended to individuals on a
limited basis. Religious purposes is not among the criteria for issuing
a permit.
When Marietta Municipal Court Judge Janet Dyar-Welch asked Coulter to
prove his ancestry, he said he is a descendant of the Lenapa and
Cherokee tribes, but could not exactly say how.
Coulter's attorney, Assistant Washington County Public Defender Eric
Fowler, argued that the judge's questioning was not relevant because
people are entitled to change their religion, despite their ethnicity or
race. Fowler noted movie star Sammy Davis Jr., the son of a black
vaudeville star and a Puerto Rican dancer, converted to Judaism after
reading Paul Johnson's "A History of the Jews."
In response, Welch asked Coulter if Native American tribes generally
accepted people from other faiths. Coulter said "adoption" was
not uncommon.
"There is not a great deal of difference between the Native American
way and Christianity," Coulter said. "The major difference is
that this is a 24/7 adventure and not just when everyone gathers for a
meeting."
Seven members of Coulter's tribe sat in the back of the courtroom in
full native dress. Coulter said there are about 100 members in the local
tribe, but only about 25 who are active.
Attorneys are expected to file written arguments as a supplement to
Thursday's testimony by March 16. Dyar-Welch will then decide if the
case should be dismissed or go to trial.