# Pascua Yaqui Tribe Court of Appeals

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Apascua_yaqui%3A1270d38c5a4c71fb

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

No. CA-07-003
Pascua Yaqui Tribe Court of Appeals

Francisco F. Madril, Petitioner/Defendant,
v.

The Honorable Melvin Stoof,
Pascua Yaqui Tribal Court, Respondent.

ORDER

Nicholas A. Fontana, Esq., Office of Pascua Yaqui Public Defender, Tucson, Arizona, for
Petitioner/Defendant.

Pursuant to PYTRAP 24(C), this Court finds that the Defendant’s petition for writ
of mandamus should be summarily denied. The issue brought before this Court deals
with the factual question of whether the Defendant was absent from Pascua Yaqui Tribe
territorial jurisdiction on certain days that the alleged offenses were committed; this issue
is better left for a jury to decide. We agree with the trial court that the Defendant’s
motion to dismiss the named criminal counts is based upon alibi defense/testimony,
which does not contest Pascua Yaqui Tribe territorial jurisdiction. Accordingly, the

“Petition for Writ of Mandamus” is summarily denied.

So Ordered this gt of £ 2006

Moje
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IN THE PASCUA YAQUI COURT OF APPEALS

IN AND FOR THE PASCUA YAQUI RESERVATION CAY>
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Case No.: CA-OF7 667

FRANCISCO F. MADRIL,

Tribal Court No. CR-06-221
Petitioner/Defendant,

THE HONORABLE MELVIN STOOF,
PASCUA YAQUI TRIBAL COURT,

Respondent.

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PETITION FOR WRIT OF MANDAMUS

Nicholas A. Fontana

State Bar No. 014429

PASCUA YAQUI PUBLIC DEFENDER
7474 South Camino de Oeste

Tucson, AZ 85757

(520) 883-5013

(520) 883-5017, fax

Attorney for Petitioner/Defendant
I. STATEMENT OF JURISDICTION

This petition is filed pursuant to the provisions of Article VIII, § 2, Constitution of the
Pascua Yaqui Tribe and 3 PYTRAP Rule 24 of the Pascua Yaqui Judicial Titles and Codes.

II. STATEMENT OF FACTS

On May 11, 2006, the Tribe filed a sixty (60) count criminal complaint against Petitioner
Francisco Madril. [Appendix, Exhibit 1]. The Petitioner has remained in custody pending the
posting of a cash bond in the amount of one-thousand dollars ($1,000.00) per count, for a combined
bond in the amount of sixty-thousand dollars ($60,000.00). [Appendix, Exhibit 2].

On September 6, 2006, the Petitioner filed a Motion to Dismiss (Lack of Jurisdiction) and
requested an evidentiary hearing on the motion. [Appendix, Exhibit 3]. The Tribe filed its response
on October 9, 2006. [Appendix, Exhibit 4]. On October 10, 2006, the Respondent issued an order
setting the evidentiary hearing on Petitioner’s Motion to Dismiss (Lack of Jurisdiction) for
November 1, 2006. [Appendix, Exhibit 5]. The Petitioner filed his reply on October 18, 2006.
[Appendix, Exhibit 6]. In anticipation of the evidentiary hearing, the Petitioner subpoenaed two
witnesses to provide testimony in support of his Motion to Dismiss (Lack of Jurisdiction).
[Appendix, Exhibits 7-8].

At the evidentiary hearing on November 1, 2006, the Respondent refused to allow the
Petitioner to present any testimony in support of his Motion to Dismiss (Lack of Jurisdiction).
[Appendix, Exhibit 9]. Without hearing any evidence, the Respondent denied the Petitioner’s
Motion to Dismiss (Lack of Jurisdiction). [Id.]. The Respondent ruled that “the defendant’s
motion to dismiss based on subject matter jurisdiction shall be denied insofar as it attempts to
provide alibi testimony, that the defendant was not within the reservation boundaries during the

time of the alleged offenses, rather than testimony which goes to challenge the territorial jurisdiction

of the court.” [Id.]
III. STATEMENT OF THE ISSUE

A. Whether the Respondent erred in refusing to allow the Petitioner to present evidence

in support of his Motion to Dismiss (Lack of Jurisdiction).
IV.

ARGUMENT

A. The Respondent erred in refusing to allow the Petitioner to present evidence in
support of his Motion to Dismiss (Lack of Jurisdiction).

The criminal jurisdiction of the Pascua Yaqui Tribal Court extends to all matters
where members or non-members of the Pascua Yaqui Tribe are parties unless otherwise
prohibited by federal or tribal laws. Article VIII, § 2, Constitution of the Pascua Yaqui
Tribe. The jurisdiction of the Pascua Yaqui Tribe extends only to the lands within the
exterior boundaries of the Pascua Yaqui Indian Reservation. Article II, Constitution of the
Pascua Yaqui Tribe. The Pascua Yaqui Tribal Court does not have criminal jurisdiction
over criminal acts that occurred outside the boundaries of the Pascua Yaqui Indian
Reservation. 3 PYTC § 1-1-10 (B).

The Pascua Yaqui Rules of Criminal Procedure provide that at any time after the
attaignment, either party may request that the trial court issue a particular order. 3 PYT
R.Crim.P. Rule 30(A). The rules specifically provide that a defendant may move to set aside
a complaint based on a lack of jurisdiction. 3 PYT R.Crim.P. Rule 30(C). If the court
determines that it lacks jurisdiction over the person or offense, the coutt is required to set
aside the complaint. 3 PYT R.Crim.P. Rule 30(C)(3); see also 3 PYT R.Civ.P. Rule 14(C).

“Jurisdiction” refers to “the power of the court to decide a matter in controversy and
presupposes the existence of a duly constituted court with control over the subject matter
and the parties.” BLACK’S LAW DICTIONARY 853 (6th ed. 1990); see also Pinner v. Pinner,
234 S.E.2d 633 (N.C. App. 1977); Wilson v. Ransom, 446 N.W.2d 6 (Neb. 1989); Svate ». Kwak,
909 P.2d 1112 (Haw. 1995); State v. Vaughan, 33 S.W.2d 512 (Ark. 2000). As Justice Johnson
of the United States Supreme Court observed nearly two-hundred years ago, “i]t is an

acknowledged principle . . . of every court in the world, that not only the decisions, but
everything done under judicial process of a court, not having jurisdiction, ate, tpso facto, void.”
Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 304, 364, (1816); see also Marshall v. Clark, 365
A.2d 1202 (Conn. 1976); Springer v. Shavender, 23 S.E. 976 (N.C. 1896); Reed v. State, 187
S.W.2d 660 (Tex. 1944); Lowisville & N.R. Co. v. Tally, 83 So. 114 (Ala. 1919); Wenzel v.
Wenzel, 283 S.W.2d 882 (Mo.App. 1955); Stephens v. Hartly, 2 Mont. 504 (1876); Turner v.
Malone, 24 S.C. 398 (1898); Tustin v. Gaunt, 4 Ore. 305 (1873); Lefevre ». Mashantucket Pequot

Tribe, 1 Mash. 1, 1992.NAMP.0000001 (1992); Thomas v.

Coquille Indian Tribe, 2004.NACQ.0000001 (2004).

Challenges to the subject matter jurisdiction of a court receive a high level of
scrutiny. In fact, if the parties fail to raise a possible defect to subject matter jurisdiction, the
coutt is obligated to address any apparent issues regarding subject matter jurisdiction swa
sponte before allowing the case to proceed. Burgess v. Charlottesville Sav. ¢ Loan Ass’n. 477 F.2d
40, 43 (4" Cir. 1973); Zelson v. Thomforde, 412 F.2d 56. 57 (3 Cir. 1969); Fiedler v. Clark, 714
F.2d 77, 78-79 (9 Cir. 1983); Fitzgerald v. Seaboard S.R., Inc., 760 F.2d 1249, 1251 (10" Cir.
1992), cert. denied, 493 U.S. 943 (1989); Liberty Mut. Ins. Co. v. Ward Tracking Corp., 48 F.3d 742,
750 (3" Cir. 1995); State Farm Mut. Auto. Ins. Co. v. Narvaez, 149 F.3d 1269, 1270-71 (10" Cir.
1998); Alumax Mill Prods., Inc. v. Congress Fin. Corp., 912 F.2d 996, 1002 (3" Cir. 1990); State ex
rel. Lawrence Dev. Co. v. Weir, 463 N.E.2d 398, 399 (Ohio App. 1983); Morrison v. Bestler, 387
S.E.2d 753, 755 (Va. 1990); City of Philadelphia v. White, 727 A.2d 627, 630 (Pa. 1999);
Weatherspoon v. Allstate Ins. Co., 89 P.3d 1277, 1279 (Ore. App. 2004); Trottier v. Bird, 635
N.W.2d 157, 159 (N.D. 2001); Timmons v. McCauley, 27 S.W.3d 437, 440 (Ark. App. 2000);
Sage v. Gamble, 929 P.2d 822, 824 (Mont. 1996); People v. Stenson, 694 N.E.2d 204, 205 (Ill.

App. 1998); International Longshoremen’s Assoc. v. Davis, 470 So.2d 1215, 1216 (Ala. 1985);
Alvarez v. State Taxation ¢» Revenue Dep’t, Motor Vehicle Div., 971 P.2d 1280, 1282 (N.M. App.
1998).

Jurisdictional attacks may be facial or factual. Safe Air v. Meyer, 373 F.3d 1035, 1039
(9 Cir. 2004), cert. denied, 544 U.S. 1018 (2005); United Tribe of Shawnee Indians v. United States,
253 F.3d 543, 547 (10" Cir. 2001); Lawrence v. Dunbar, 919 F.2d 1525, 1528-1529 (11° Cir.
1990); Ohio Nat’! Life Ins. Co. v. United States, 922 F.2d 320, 325 (6" Cir. 1990); Cedars-Sinai
Medical Ctr. v. Watkins, 11 F.3d 1573, 1583-1584 (Fed. Cir. 1993), cert. denied, 512 U.S. 1235
(1994). In a facial attack, the challenger asserts that the allegations in the complaint are
insufficient on their face to invoke the jurisdiction of the court. Safe_Air, 373 F.3d at 1039;
United Tribe of Shawnee Indians, 253 F.3d at 547; Lawrence, 919 F.2d at 1529; Ohio Nat? Life Ins.
Co., 922 F.2d at 325; Cedars-Sinai Medical Ctr., 11 F.3d at 1583. In contrast, in a factual attack
the challenger disputes the truth of the allegations that would otherwise invoke the
jurisdiction of the court. Safe Air, 373 F.3d at 1039; United Tribe of Shawnee Indians, 253 F.3d
at 547; Lawrence, 919 F.2d at 1529; Ohio Nat’ Life Ins. Co., 922 F.2d at 325; Cedars-Sinai
Medical Ctr., 11 F.3d at 1583-1584.

In resolving a factual attack on jurisdiction, the court is not required to presume the
truthfulness of the plaintiff's allegations. Safe Air, 373 F.3d at 1039; United Tribe of Shawnee
Indians, 253 F.3d at 546; Lawrence, 919 F.2d at 1529; Ohio Nat’! Life Ins. Co., 922 F.2d at 325;
Cedars-Sinai Medical Ctr., 11 F.3d at 1583-1584. To the contrary, the court has broad
discretion to allow evidence beyond the complaint including affidavits, other documents, and
a limited evidentiary hearing to resolve the disputed jurisdictional facts. Safe Air, 373 F.3d at
1039; United Tribe of Shawnee Indians, 253 F.3d at 547; Lawrence, 919 F.2d at 1529; Ohio Nat?

Life Ins. Co., 922 F.2d at 325; Cedars-Sinai, 11 F.3d at 1584.
In his Motion to Dismiss (Jurisdiction), the Petitioner requested an evidentiary
hearing and stated that the defense intended “to produce evidence establishing that Mr.
Madril was residing at 13244 South Santa Rosa Road, Arizona City, Arizona, which is located
outside the exterior boundaries of the Pascua Yaqui Indian Reservation.” [Appendix,
Exhibit 3 at 3]. The Petitioner’s motion made it clear that he was launching a factual attack
on the jurisdiction of the court. By scheduling the matter for an evidentiary hearing, it
appeared that the Respondent understood that the Petitioner wished present a factual
jurisdictional attack against the complaint. In anticipation of the hearing on the motion, the
Petitioner subpoenaed two witnesses for the purpose of eliciting evidence demonstrating that
the Respondent did not have jurisdiction over certain counts contained in the complaint.
[Appendix, Exhibit 7-8]. At the time of the hearing, however, the Respondent refused to
allow the Petitioner to present any evidence challenging the factual assertions regarding
jurisdiction contained in the criminal complaint. [Appendix, Exhibit 9]. In essence, the
Respondent refused to allow the Petitioner to challenge the jurisdiction of the Tribal Court.

The Respondent’s ruling is problematic for several reasons. First, it fails to comply
with the basic principles of law which govern jurisdictional challenges. Second, it has
deprived the Petitioner of his right to perfect a factual record in the lower coutt. Finally, the
Petitioner is being held in custody pending the posting of cash bond for offenses over which

the Respondent may have no jurisdiction.

_7-
RELIEF REQUESTED
The Petitioner respectfully moves this Court to enter an order directing the
Respondent to conduct an evidentiary hearing to allow the Petitioner to present evidence in
support of his Motion to Dismiss (Jurisdiction).

DATED this 25 ay of November, 2006.

PASCUA YAQUI PUBLIC DEFENDER

LHN Fprofer—

Nicholas A. F ontand
Chief Public Defender
CERTIFICATE OF SERVICE

I hereby certify that the original and five (5) copies of the Petition for Writ of Mandamus
were delivered this date to:

Clerk of the Court of Appeals
Pascua Yaqui Court of Appeals
7474 South Camino de Oeste
Tucson, AZ 85757

and one copy was delivered this date to the Respondent:

Hon. Melvin Stoof
Associate Judge

Pascua Yaqui Tribal Court
7474 S. Camino de Oeste
Tucson, AZ 85757

and one copy was delivered this date to:

G. Allen Osburn

Office of the Pascua Yaqui Prosecutor
7474 South Camino de Oeste

Tucson, AZ 85757.

DATED this 2 rn day of November, 2006.
PASCUA YAQUI PUBLIC DEFENDER
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Anselma ‘ortes
Office Mariager
IN THE PASCUA YAQUI COURT OF APPEALS

IN AND FOR THE PASCUA YAQUI RESERVATION

FRANCISCO F. MADRIL,

Petitioner/Defendant,

THE HONORABLE MELVIN STOOF
PASCUA YAQUI TRIBAL COURT,

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Respondent.

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Case No.: CA-6'7- 00.3

Tribal Court No. CR-06-221

APPENDIX TO PETITION FOR WRIT OF MANDAMUS

Nicholas A. Fontana

State Bar No. 014429

PASCUA YAQUI PUBLIC DEFENDER
7474 South Camino de Oeste

Tucson, AZ 85757

(520) 883-5013

(520) 883-5017, fax

Attorney for Petitioner/Defendant

CERTIFICATE OF SERVICE

I hereby certify that the original and five (5) copies of the Appendix to Petition for Writ of
Mandamus were delivered this date to:

Clerk of the Court of Appeals
Pascua Yaqui Court of Appeals
7474 South Camino de Oeste
Tucson, AZ 85757

and one copy was delivered this date to the Respondent:

Hon. Melvin Stoof
Associate Judge

Pascua Yaqui Tribal Court
7474 S. Camino de Oeste
Tucson, AZ 85757

and one copy was delivered this date to:
G. Allen Osburn
Office of the Pascua Yaqui Prosecutor
7474 South Camino de Oeste
Tucson, AZ 85757.
DATED this QU _ day of November, 2006.

PASCUA YAQUI PUBLIC DEFENDER

ee Pes r = -
Anse a Karkes

Offic anager

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IN AND FOR THE PASCUA YAQUI TRIBAL COURT _
IN AND FOR THE PASCUA YAQUI INDIAN RESERVATION |’

Pascua Yaqui Tribe,
Plaintiff, : CRIMINAL COMPLAINT ©“ “@Z4. ~~

Vs. ad
MADRIL, Francisco Armenta
AKA: MADRIL, Francisco A.

Defendant.

The PASCUA YAQUI TRIBE, hereby complains and alleges, upon information
and belief, that the above named defendant, an Indian, while on the Pascua Yaqui

Reservation, did commit the following offense(s):

COUNT 1: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 1, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “‘it belongs to me.”

COUNT 2: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 1, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

me ted

COUNT 3: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 2, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of Josephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

1} Dir qh.
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COUNT 4: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 2, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while Stating “Eres Mia” and/or “‘it belongs to

me.”

COUNT 5: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 3, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “‘it belongs to me.”

COUNT 6: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 3, 2005, within those 24 hours, at or near 775 1 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

me ”

COUNT 7: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 4, 2005, within those 24 hours, at or near 775] S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 8: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 4, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

”

me.

tr
:

COUNT 9: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 5, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

=

COUNT 10: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 5, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

bed

me.

COUNT 11: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 6, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 12: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 6, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

”

me.

COUNT 13: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 7, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Vo0’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 14: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 7, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores. while stating “Eres Mia” and/or “it belongs to

me. -

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COUNT 15: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 8, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of Josephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic

region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 16: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 8, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

”?

me.

COUNT 17: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 9, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 18: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 9, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

”

me,

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COUNT 19: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 10, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic

region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 20: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 10, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

me ”

COUNT 21: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 11, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic

region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 22: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 11, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “‘it belongs to

me ”

COUNT 23: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 12, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 24: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 12, 2005, within those 24 hours, at or near 775 1 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while Stating “Eres Mia” and/or “it belongs to

me 9

COUNT 25: ABUSE OFA MINOR, 1 PYTC § 3.3

On or about September 13, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic

region of Josephine Flores while stating “Eres Mia” and/or “‘it belongs to me.”

COUNT 26: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 13, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while statin g “Eres Mia” and/or “it belongs to

”

me.

COUNT 27: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 14, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of Josephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic

region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 28: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 14, 2005, within those 24 hours, at or near 775] S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

”

me.

27

28

COUNT 29: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 15, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belon gs to me.”

COUNT 30: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 15, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

me ”

COUNT 31: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 16, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of Josephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 32: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 16, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to
me.”

COUNT 33: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 17, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

27

28

COUNT 34: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 17, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

Ped =

me.

COUNT 35: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 18, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 36: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 18, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

”

me.

COUNT 37: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 19, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 38: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 19, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “‘it belongs to

me ”

COUNT 39: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 20, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of Josephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 40: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 20, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused Josephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

eo

me

COUNT 41: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 21, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of Josephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 42: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 21, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused Josephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

”

me.

COUNT 43: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 22, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of Josephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

27

28

COUNT 44: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 22, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused Josephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

” r

me.

COUNT 45: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 23, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of Josephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 46: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 23, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused Josephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

bed

me.

COUNT 47: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 24, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 48: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 24, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused Josephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

me ”?

27

28

COUNT 49: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 25, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of Josephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 50: THREATENING OR INTIMIDATING: I PYTC § 3.72

On or about September 25, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

9?

me.

COUNT 51: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 26, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “‘it belongs to me.”

COUNT 52: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 26, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused J osephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

”

me.

COUNT 53: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 27, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

27

28

COUNT 54: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 27, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused Josephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “‘it belongs to

” =

me.

COUNT 55: ABUSE OFA MINOR, 1 PYTC § 3.3

On or about September 28, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of Josephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 56: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 28, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused Josephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

°

me.

COUNT 57: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 29, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of J osephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 58: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 29, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused Josephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

”

me.

27

28

COUNT 59: ABUSE OF A MINOR, 1 PYTC § 3.3

On or about September 30, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, while entrusted with the care of Josephine Flores, a minor, caused emotional or
mental injury to Josephine Flores, to wit: pointed to the breast, buttocks and/or pubic
region of Josephine Flores while stating “Eres Mia” and/or “it belongs to me.”

COUNT 60: THREATENING OR INTIMIDATING: 1 PYTC § 3.72

On or about September 30, 2005, within those 24 hours, at or near 7751 S. Maala Mecha
Voo’o, with the intent to scare or terrify, threatened or intimidated physical injury to
Josephine Flores by word or conduct, or caused Josephine Flores to reasonably believe
that she was in danger of receiving physical injury, to wit: pointed to the breast, buttocks
and/or pubic region of Josephine Flores while stating “Eres Mia” and/or “it belongs to

”

me,

And such violations, upon conviction, are punishable under the Pascua Yaqui Tribal
Codes.

DATED this_{B# day or th 2006.

The undersigned hereby swears and affirms that this complaint is based upon
information and belief, and the attached Affidavit al erification. _,

MA AC

Complainant/Deputy Prosecutor

DEFENDANT: Francisco Armenta Madril

ADDRESS: 7751 S. Maala Mecha Voo’o, Tucson, Arizona 85757
DOB: 05/12/46 SSN: ORIGIN: Pascua Yaqui 2694U02957
SEX: male HT: 6’2” WT: 295 EYES: brown HAIR: brown

Note: Accused persons may obtain disclosure information about their case ten days after arraignment by
contacting the Prosecutor’s Office at 4725 West Tetakusim Bldg C, Tucson AZ 85757. [PYTC Title 10

Rule 5.1]

«|3.

o© oes It Dm oO fF & NH m=

PHY NY WY DY NY DY NH B® Be ee wie

IN THE PASCUA YAQUI TRIBAL COURT

IN AND FOR THE PASCUA YAQUI INDIAN RESERVATION

PASCUA YAQUI TRIBE,
Plaintiff,

Vs.

Madril, Francisco, COURT USE ONLY
Defendant

Case Number:

CR-06-221

INITIAL HEARING ORDER

In compliance with Rules 307 and 309 of the Pascua Yaqui Rules of Criminal Procedure, defendant,
in custody on a separate case, appeared pursuant to a criminal summons, with his legal counsel, Nicholas
Fontana, on June 12, 2006 for Initial hearing. Present for the Tribe was G. Allen Osburn, on behalf of Micah
Schmit. The court should deny the defendant’s motion to strike the statements in the probable cause affidavit,
for lack of good cause shown.

The court finds that probable cause exists to believe defendant may have committed the offense(s)
of Counts 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39, 41, 43, 45, 47, 49, 51, 53, 55,
57,and 59, Abuse of a Minor, and Counts 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 32, 34, 36, 38,
40, 42, 44, 46, 48, 50, 52, 54, 56, 58, and 60, Threatening or Intimidating, that the Tribe recommends
defendant be released on a $60,000.00 cash bond, that the defendant appear at all future hearings and obey all
laws. The defendant should be ordered not to contact any minors. The court should adopt the Tribe’s
recommendations. The court was about to set the matter for June 20, 2006. However, the defendant waived
time limits, because the defendant’s counsel would not be available for hearing on that day, and the court
should re-set the matter for arraignment at a later date.

IT IS ORDERED that the Defendant, Francisco Madril, shall be released on a $60,000.00 cash
bond, he must appear at all future hearings, obey all laws, and he shall not contact any minors. Time limits
for setting the arraignment shall be waived, at defendant’s request.

ARRAIGNMENT HEARING shall be scheduled for June 27, 2006, at 1:30 p.m..
THIS THE ONLY NOTICE OF HEARING YOU WILL RECEIVE.

IT IS FURTHER ORDERED that the defendant’s motion to strike statements made in the
officer’s probable cause affidavit shall be denied, for lack of good cause shown.

SO ORDERED THIS 12" DAY OF JUNE, 2006.

Lille KHER

Associate Judge, Pascua Yagay'Tribal Court

Date: Ov S/ZOG
ibe -—Defendant/Counsel Other

Clerk: VITA

}
/

Initial Hearing Order

27

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Pascua Yaqui Public Defender ;
7474 S. Camino de Oeste r orn og Ab Gs
Tucson, Arizona 85757

‘Nicholas A. Fontana, Esq.

State Bar No. 014429
Attorney for Defendant

“Th pen :

IN THE PASCUA YAQUI TRIBAL COURT
IN AND FOR THE PASCUA YAQUI INDIAN RESERVATION

PASCUA YAQUI TRIBE, )
\
Plaintiff, J Case No. CR-06-221
)
vs. ) MOTION TO DISMISS
) (LACK OF JURISDICTION)
MADRIL, FRANCISCO, )
)
Defendant. ) Evidentiary Hearing Requested
)

COMES NOW Defendant Francisco Madril, through counsel, and pursuant to Article II and Article
VII, § 2, of the Constitution of the Pascua Yaqui Tribe and Title 1, Pascua Yaqui Judicial Titles and Codes,
§ 1.1 (A), respectfully moves this Court to enter an order dismissing Counts 5, 6, 7, 8, 9, 10, 19, 20, 21, 22,
35, 36, 37, 38, 47, 48, 49, and 50 of the Complaint against him.

The grounds for this motion are set forth in the accompanying Memorandum of Points and
Authorities.

=e
DATED this 7% day of September, 2006.
PASCUA YAQUI PUBLIC DEFENDER

0/1) ee

Nicholas A. Fontana’
Chief Public Defender
///
///
///

MEMORANDUM OF POINTS AND AUTHORITIES

L FACTS.
Count 5 of the Complaint alleges that on or about September 3, 2006, at 7751 S. Maala Mecha

Voo’o, Defendant Francisco Madril committed the offense of abuse of a minor. Count 6 of the Complaint
alleges that Mr. Madril committed the offense of threatening or intimidating on the same date at the same

location.

Count 7 of the Complaint alleges that on or about September 4, 2006, at 7751 S. Maala Mecha

Voo’o, Mr. Madril committed the offense of abuse ofa minor. Count 8 of the omplaint alleges that Mr.
Madril committed the offense of threatening or intimidating on the same date at the same location.

Count 9 of the Complaint alleges that on or about September 5, 2006, at 7751 S. Maala Mecha
Voo’o, Mr. Madril committed the offense of abuse of a minot. Count 10 of the Complaint alleges that Mr.
Madril committed the offense of threatening or intimidating on the same date at the same location.

Count 19 of the Complaint alleges that on or about September 10, 2005, at 7751 S. Maala Mecha
Voo’o, Mr. Madril committed the offense of abuse of a minor. Count 20 of the Complaint alleges that Mr.
Madtil committed the offense of threatening or intimidating on the same date at the same location.

Count 21 of the Complaint alleges that on or about September 11, 2005, at 7751 S. Maala Mecha
Voo’o, Mr. Madril committed the offense of abuse of a minor. Count 22 of the Complaint alleges that Mr.
Madril committed the offense of threatening or intimidating on the same date at the same location.

Count 35 of the Complaint alleges that on or about September 18, 2005, at 7751 S. Maala Mecha
Voo’o, Mr. Madril committed the offense of abuse of a minor. Count 36 of the Complaint alleges that Mr.
Madril committed the offense of threatening or intimidating on the same date at the same location.

Court 37 of the Complaint alleges that on ot about September 19, 2005, 2005, at 7751 S. Maala
Mecha Voo’o, Mr. Madril committed the offense of abuse of a minor. Count 38 of the Complaint alleges

that Mr. Madril committed the offense of threatening or intimidating on the same date at the same location.

27

28

Count 47 of the Complaint alleges that on or about September 24, 2005, at 7751 S. Maala Mecha
Voo’o, Mr. Madril committed the offense of abuse of a minor. Count 48 of the Complaint alleges that Mr.

Madril committed the offense of threatening or intimidating on the same date at the same location.

Count 49 of the Complaint alleges that on or about September 25, 2005, at 7751 S. Maala Mecha
Voo’o, Mr. Madril committed the offense of abuse of a minor. Count 50 of the Complaint alleges that Mr.
Madril committed the offense of threatening or intimidating on the same date at the same location.

According to the Affidavit filed in support of the Complaint, 7751 S. Maala Mecha Voo’o is located
within the exterior boundaries of the Pascua Yaqui Indian Reservation.

At the evidentiary hearing on this motion, the defense intends to produce evidence establishing that
Mr. Madril was residing at 13244 South Santa Rosa Road, Arizona City, Arizona, which is located outside
the exterior boundaries of the Pascua Yaqui Indian Reservation.

II. THE COURT LACKS JURISDICTION OVER COUNTS 5, 6, 7, 8, 9, 10, 19, 20, 21, 22, 35, 36,
37, 38, 47, 48, 49 AND 50 AND THEY MUST BE DISMISSED WITH PREJUDICE.

The criminal jurisdiction of this Court extends to all matters where members or non-members of the
Pascua Yaqui Tribe are parties unless otherwise prohibited by federal or tribal laws. Article VIII, § 2,
Constitution of the Pascua Yaqui Tribe. The jurisdiction of the Pascua Yaqui Tribe extends only to the
lands within the boundaries of the Pascua Yaqui Indian Reservation. Article II, Constitution of the Pascua
Yaqui Tribe. The Pascua Yaqui Tribal Court does not have criminal jurisdiction over alleged criminal acts
that occurred outside the boundaries of the Pascua Yaqui Indian Reservation. Title 1, Pascua Yaqui Judicial
Titles and Codes, § 1.1 (A).

At the evidentiary hearing on this motion, Mr. Madril will present evidence that on September 3%,

4m 5" 10%, 11°, 18", 19%, 24", and 25% of 2005, he was located at his residence at 13244 South Santa Rose

Road, Arizona City, Arizona, which is outside the exterior boundaries of the Pascua Yaqui Indian

Reservation. As a result, the Court does not have jurisdiction over any offenses that allegedly occurred on

27

28

those dates and Counts 5, 6, 7, 8, 9, 10, 19, 20, 21, 22, 35, 36, 37, 38, 47, 48, 49 and 50 of the Complaint

must be dismissed with prejudice.

DATED this 2 (— day of September, 2006.
PASCUA YAQUI PUBLIC DEFENDER

AMEN Fosfor

Nicholas A. Fontana
Chief Public Defender

ORIGINAL filed this date in
PY Tribal Court by: ‘Si

COPY delivered this date to
PY Prosecutor by: io

[OCR skipped on page(s) 31-43]

[Read from a scan; the first 30 pages.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apascua_yaqui%3A1270d38c5a4c71fb. Public record. Not legal advice.