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April 17, 2014 - 6:19pm

Big law enforcement response to reservation for property dispute at Arrowhawk Smoke Shop

posted by Howard B. Owens in Basom, Alabama, Tonawanda Indian Reservation.

Dozens of law enforcement officers were on the Tonawanda Indian Reservation for about four hours this afternoon to help keep the peace while two factions of the same family tried to resolve an ownership dispute over Arrowhawk Smoke Shop.

Tom Peters (top photo), who said he's been managing the business recently for his family, said members of the Genesee County Sheriff's Office showed up this morning with a court order giving his niece, Corrine Thomas, control of the property.

The order was signed by Judge Robert C. Noonan, Peters said, but Peters said Noonan had no jurisdiction of the land of his nation.

This is reservation land and any court order from any judge is not valid out here," Peters said. "He has no right to be here. He doesn't have jurisdiction here."

There's a bit of a contradiction over how the dispute was resolved for the time being today. Peters said a higher court issued a stay of Noonan's order, but Chief Deputy Gordon Dibble said he was unaware of any such order. He said the Tonawanda chiefs brokered a deal to take control of the property until the issue can be resolved.

There were about 10 members of the Sheriff's Office on scene and more than two dozen troopers, including at least two K-9 units, which arrived to provide back up.

Asked if this was a typical response, Dibble said, "Is this typical? This isn't a typical situation. I've never seen a situation like this in my 38 years, so I wouldn't call it typical. I don't know that there is such a thing as a typical police response. We respond and do what we have to do for the safety of the people, and I think we were successful. Nobody got hurt."

Dibble and about 10 members of the Sheriff's Office delivered the court order from Noonan this morning about 7:30. According to Dibble, the order gave Thomas the right to inventory the property and its contents.

Peters said he was evicted from his apartment above the restaurant on the property. 

The dispute is about three years old, Peters said, going back to the death of his brother. His brother left a will and Peters said there are provisions in the law that contradict tribal law. He said it gave away property that belongs to the Tonawanda nation.

It's unclear at what point Thomas became the estate's executor, but it was apparently because she has been named executor that she was there this morning.

Once the order was delivered, the Sheriff's personnel left the reservation, then early this afternoon there was a small fire at the location and Dibble said there were "threats made."

That brought deputies back to the scene and a host of troopers to provide back-up.

Dozens of residents of the nation mingled in the surrounding area, along with some customers of the nearby smoke shops and gas stations, and watched as a group of chiefs and others sat on chairs and talked outside the Arrowhawk.

At around 4 p.m., Thomas and her supporters -- Peters called them "warriors" and "mercenaries" hired by Thomas -- left.

Dibble and Peters may not agree how the settlement came about, but they both agree the matter is now in the hands of the chiefs. Peters said he believes federal courts will overturn Noonan's order.  In the meantime, it's unclear if the Arrowhawk will reopen before the dispute is resolved.

Dibble said the chiefs will post guards on the property.

Judith Kinsley ...
Judith Kinsley Bolsei's picture
Last seen: 3 years 2 months ago
Joined: Aug 13 2008 - 3:57pm

Thomas is the former owner's brother who died a couple years ago. At a pretty young age so I'm guessing he left no will. Unless inheritance laws are different considering the sovereign land issues, and I know they don't "own" the land, it seems the daughter would be the rightful owner of the business. I'm thinking Judge Noonan thought the same.

Brian Taylor
Brian Taylor's picture
Last seen: 6 months 3 weeks ago
Joined: May 22 2009 - 6:35am

They are a sovereign nation, why not just stay out of it and let them handle it though the tribe council ? Makes sense to me ?

Beth Kinsley
Beth Kinsley's picture
Last seen: 3 months 3 weeks ago
Joined: Aug 22 2008 - 9:43pm

David's rolling over in his grave right now.

C. M. Barons
C. M. Barons's picture
Last seen: 8 hours 54 min ago
Joined: Jul 29 2008 - 11:56pm
John Woodworth JR
John Woodworth JR's picture
Last seen: 3 years 11 months ago
Joined: May 28 2009 - 11:13am

Agree. At least I know why I had so many troopers zoom by me today. I love how they always throw around sovereign nation. For a sovereign nation they rely on our social services a lot.

Cathy Bullock
Cathy Bullock's picture
Last seen: 4 years 1 month ago
Joined: Apr 17 2014 - 9:10pm

It is a matrilineal society in which the men cannot hold property unless given to them by the person who owns it or purchased from another. I was told the person who died had been banished a long time ago which would mean that person could not hold any property ever and loses all their rights. The property in this dispute would therefore continue to belong to the mother. Judge Noonan knows there is a Council on the reservation and he should have given it to them to deal with because his court has no authority where the reservation is concerned.

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