(typed by Mitch Wisecarver, brother) 05-04-08 Page 1-of-6 To whom it may concern. My name is Marc Sean Wisecarver. I am a member of the Oglala Lakota People, located in South Dakota, on the Pine Ridge Indian Reservation. I grew up in a house 9 miles North of Manderson South Dakota. The house and property belonged to my great grandmother Maggie Whiteface, who willed it to her 6 grand children. She aquired the property after being kicked out of the Bombing Range by the Government of the United States. My mother gifted me her 1 share of the property, 26.5 acres out of 160 acres total. She also purchased 1 share of property from her sister Germaine Hughes, who then sold the same share to Randy Hughes, and signed the property over to Randy Hughes. Randy Hughes then began harasing me and my family thretening to evict me and hiring people to develop the property with out clearing up the deprivation of the property from my mother or ownershiop of the 4 remaining share holders. I have posted the land NO TRESPASSING and last fall I met at my residence with Randy Hughes and my other cousin Troy Brave Heart. At the meeting we discussed ownership of the property. Troys mother had recently passed away and he beleaved that he would inherit her share of the property. Randy said that he owned the remaining shares even thought I was never aware of the sale of the shares to the undevided property. We all agreed that the 1 share that Randy fradulantly obtained from his mother would be gifted to Charmaine Whiteface (my mother) and that when a true will or propf was made that Troy and Randy owned what they stated, then we could sit down and make some honorable decisions concerning their interest in the property and its development. Page 2-of-6 And that untill we could all agree that everything concerning ownership was over and above board. Then the property would not be developed and that I would continue to care take and protect the property as the resident land owner. I am 38 years old. I am a High School graduate I have attended college. I am a Marine 89-90. I have worked as a Corrections Officer at the Pine Ridge Jail 90-93. I have worked as a Hotshot/Helitack Fire Fighter and also I.H.S. Security. On 4-29-08 a man in a pickup truck trespassed on my property without permission and crossed a posted barbed wire boundry to gain entrance with out approaching the house or myself to ask permission or identify himself. I was working outside in my pickup and noticed the pickup drive by. I waved and yelled to get the mans attention he ignored me and drove across my driveway and down into the field south of my house. I went into the house and retrieved a rifle because I was startled by the mans disregard for my boundrys, and I became concerned for my safety. I went to see what the man was doing and he was chasing my 4 horses in a circle in the south field and pushing them in such a small circle that I was concerned that he would injure one. One was already injured and in the process of healing, before being chased. I fired a shot into the air to get the mans attention away from my horses. He slowed his pickup and turned into the middle of the circling horses. He then stopped his pickup faceing me from about 125 yards away. I was on highground by a corner post and the man then began to drive in a easterly direction parellell to my position. I then began to move easterly along the ridge. Page 3-of-6 The man then truned in my direction and I stopped to assess an escape route for myself. I would not be safe against a vehicle attack. I then took a defensive posture with the pickup and the man approached and slowed about 20 yards away. I approached and ordered the man out of the vehicle and off of my property. He said he was surveying and refused. I again ordered him out of the vehicle and off of my property. He reved the vehicle motor and I shot a round across the front of the radiator and toward the ground. The man then jumped from the vehicle and came toward me. I backed up into a defensive position hand to hand bayonet posture style, never pointing the weapon at the man. The man said this is a Govt. vehicle, did you shoot my tire. I said no I shot your radiator. I then ordered the man to get off of my property. He said do you have a phone I said yes. He said can I use it . I said no get off of my property, get away from my house, LEAVE. He went toward the pickup door and I quickly followed at a safe distance. He got a pile of papers off of his car seat and I again told him to leave. He began walking south away from me and my house and horses. I then called the Police and reported that I shot a trespassers radiator and requested assistance. About 1/2 hour the Police arrived, 3 Tribal Officers, 2 BIA Officers, and the Superintendant. I recognized Officer Alec Morgan, Officer Paul Forney, Officer Carl Martines and Little Bob Ecoffey. I was introduced to a female Officer Hudspeth by Officer Forney. Officer Morgan administered a PBT with results of 0. Paul Forney had me write a statement. Officer Martines marked the location of 1 cassing and the pick up tires with orange paint and an approximate where I was standing when I shot the radiator. He then said that Page 4-of-6 I had to go get my rifle for their investigation. I took Officer Martines and Alec Morgan to my house and turned over my Glenfield Mod 305T rifle to Officer Martinez. We then walked back out of the house and put the rifle in Officer Martinez vehicle. I told Officer Martines and Officer Morgan that the tresspasser walked across 350 yards, the south field and got into a white pickup that appeared to be John Twiss and that they parked on the highway for awhile then left the area. Officer Martines then got his camera and was takeing pictures. Officer Forney and Hudspeth were looking at my horses who walked up to the area where we were and my daughter just arrived home from school. Little Bob was talking to Carl Martines and Officer Forney. Officer Forney then called me to his vehicle and told me that they wanted me arrested but he would summons me. I then asked well what about the tresspasser. I want him charged, thats why I called you. Officer Forney then said that I could bring that up at court. I said well is that it? I can go? Officer Forney said yes. I then walked home and called my mother and told her what was going on. A tow truck came and took the pickup. The Officers were talking by their vehicles and Officer Martines was walking around taking pictures. I then noticed that the vehicle tracks started at the Northwest gate below and behind my house, up behind my pickup turned inside the north gate and across the driveway. All the gates are posted. The tribal Police then left and Officer Martines and Little Bob Ecoffey were in their vehicles in front of my house. Officer Martines called me over to his vehicle and asked me to sign a receipt for my rifle. I did and asked for a copy. He said he would bring me one. I told him to write me one. He said Ill Bring you one tomorrow. I told him I need one Page 5-of-6 now before you take my rifle. He said I have no reason to Fuck with you. I said I need one today. He then said Did you know that was a government employee. I said I dont know who that was, they crossed my boundry that is posted. They did not identify themselves. He chased my horses. He reved his motor at me in a threatening way. I dont care who he works for. Carl then said do I know you. I told him yes, I used to be a jailer. I worked with you and your brother back in the early 90's. He then reached over to shake my hand and we shook. He then drove away Little Bob Ecoffey followed while we were talking I noticed Officer Forney pulling back into the driveway. I walked over to his unit and he asked what they were saying to me. I told him that Carl would not give me a receipt for my rifle and that they were trying to intimidate me because I think that tresspasser was one of Little Bobs boys. Officer Forney then said ok, just checking on you. I told him thanks. He then left.During the whold time those Officers were at my place the behavior of the Tribal Officers was friendly, while the 3 BIA people came in displaying body language and behavior that indicated to me that they were disgusted and trying to intimidate me. Friendly or not, none of the Officers seemed interested in the tresspasser. I then got my daughter and we went to manderson to get some tobacco and pop. I wanted to calm down because that was a tramatic invasion by both the tresspasser and the Police. I went down to my sisters house at Kiza park area and visited with the White Hawk family for awhile when Officer Forney pulled in and told me that he did not want to arrest me but that Joe Herman, Little Bob Ecoffey, and Milton Bianas were thretening his job if he did not pick me up. I told my daughter to stay with Denise and that I would be back. I then went with Page 6-of-6 Officer Forney. I rode in the front seat and we visited about my work as a forester. I was never told that I was under arrest. I asked him what I was being charged with and he said they ordered him to put me in jail. I asked who? He told me Joe Herman, Milton Bianas, Little Bob Ecoffey. I asked well what are you going to say at court? He said that I was ordered to put you in jail or loose my job. I then said well what are the charges? He would not answer. We arrived at the Pine Ridge Jail and I was processed, photographed, searched and had to change over into jail clothes. I was never told I was under arrest. I was never told what my charges were. I told the jailer that I was a former jailer and I was placed in a security cell. I was locked in a security cell from about 08:30 pm on 4-29-08. I was asked if I wanted a phone call on 4-30-08 at about6 02:00pm. I called Denise White Hawk and I then asked the jailer what I was charged with. She told me weapons violation and damage to Govt. property. I was then returned to the security cell. At about 4:00pm a jailer came opened the cell door and told me I was released and handed me a temporary release order signed by a tribal prosecutor and judge to appear for arraignment on 5-06-08 at 1:00pm. Denise called me on 5-4-08 and told me that she heard that the Police are looking for me to arrest me. I have a temporary release granted by a judge. I feel my rights are being viiolated and request help and assistance and protection if at all possible. thank you. Marc S Wisecarver 5-4-08