Nun murder suspect in federal custody

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The teen suspect accused of murdering a nun is now in federal custody after being transferred Tuesday evening.

A federal judge ordered the Window Rock Adult Detention Center to surrender Reehahlio Carroll to the U.S. Marshals Service for a court appearance today (Nov. 12) before U.S. Magistrate Judge Richard L. Puglisi in Albuquerque, according to documents filed Tuesday in U.S. District Court.

Carroll, 18, is accused of murdering Sister Marguerite Bartz, a nun serving at St. Berard Parish in Navajo, N.M. She was found dead Nov. 1 in her convent.

Carroll had been in jail at the Window Rock Adult Detention Center since his arrest Nov. 5.

Despite repeated attempts by the FBI to apprehend Carroll, Chief Prosecutor Bernadine Martin refused to hand him over because the federal government had not filed an affidavit that explains the federal case against Carroll. This affidavit is required under the tribe's extradition process.

The federal government's lack of non-compliance shows the "brutality of their system," Martin said Wednesday in a telephone interview.

"I'm offended as a Navajo person, as a chief prosecutor, that the federal government would go as far as they did," she said. "They are simply trumping on tribal sovereignty."

Before Carroll was removed from tribal jail, he appeared in Window Rock District Court Nov. 9 for a bail hearing for tribal charges against him. Those charges are unauthorized use of an automobile, reckless driving and unlawful flight from pursuing law enforcement vehicle.

District Court Judge Carol K. Perry granted Carroll temporary release with conditions related to the charges for unauthorized use of an automobile and for unlawful flight from law enforcement. A cash bail of $500 was set for reckless driving.

Under the temporary release conditions, Carroll must conduct himself as a peaceful and law abiding citizen; have no possession or consume alcoholic beverages, illegal drugs or deadly weapons; have no contact with alleged victim or witnesses and stay at least 100 feet away from the alleged victim or witnesses; and to attend all court hearings.

A pretrial conference is scheduled for Jan. 12, 2010.

Carroll was arraigned Nov. 6 in Window Rock District Court. That same day, he was charged with first-degree murder in a criminal complaint filed by the federal government.

In the complaint, Carroll is charged with "the unlawful killing of a human being with malice aforethought, within the exterior boundaries of Indian Country, New Mexico."

Criminal offenses, such as murder, that are committed within Indian Country are prosecuted by the federal government as defined in Title 18, section 1153, of the United States Code.

Federal authorities were prepared to take Carroll into custody Nov. 6 and Nov. 9 but the transfer did not happen because the Office of the Chief Prosecutor insisted the federal government file an extradition request as required by Title 7, section 607, of the Navajo Nation Code.

Martin, who took over as chief prosecutor less than two months ago, found herself in a battle of words with officials for the FBI and the U.S. Attorney's Office in Albuquerque over the release of Carroll.

Federal authorities had been used to a system, said Martin, whereby they could just come onto the reservation and pick up someone without going through proper tribal court procedures in doing it.

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When taking over as chief prosecutor, one of Martin's decisions was that everyone would follow the law and that included the FBI. By failing to follow proper procedures, crimes were being committed on the reservation and tribal authorities had no records of them being solved so this would impact on criminal statistics released each year by the tribe.

She stressed that following proper procedures weren't hard to do.

In Carroll's case, all the prosecutor's office wanted was the affidavit of arrest, which gave an account of the crime and the involvement of the person being arrested.

Copies of this were supplied to the media Nov. 6 but despite repeated requests by Martin, none were supplied to the prosecutor's office. She said she talked to U.S. Attorney Greg Fouratt Nov. 9 and he agreed to e-mail a copy to her but none came.

Instead, what the U.S. attorney's office did was go to federal district court and get an order requiring the Navajo Nation to turn over Carroll to federal authorities.

She stressed that she was not trying to keep someone who was a danger to the community out of the hands of federal authorities.

"I know people are concerned about safety in their communities and we are too," she said.

Tribal procedures not followed

Martin said although Carroll is now in the hands of federal authorities, this issue is not resolved and she expects that if the FBI comes onto the reservation to pick up someone without following procedures set up by the tribal courts, the tribe and the U.S. attorney's office will butt heads again.

"They need to follow the procedures. That's it. I can't understand what the big deal is," she said.

Navajo Nation Police arrested Carroll Nov. 5 in Navajo for multiple traffic violations.

On the night of Nov. 4, a Navajo Police Officer was patrolling the Red Lake Acres Housing in Navajo when he responded to a report of a dark blue sedan that was seen driving recklessly in the housing area, according to documents filed in tribal district court.

The officer turned on his spotlight and overhead lights in an attempted to stop the vehicle. The vehicle slowed but sped off and was later abandoned at the Conoco gas station.

The officer, along with a second officer, searched the nearby NHA housing for the suspect but was unable to find the individual.

When they searched the abandoned sedan, the officers found the identification of the vehicle's owner who reported the vehicle stolen from Gallup.

The morning of Nov. 5, officers conducted another search of several residences within the community where they located Carroll and arrested him. Carroll was taken to the Window Rock jail and was questioned by law enforcement.

According to the federal affidavit, Carroll waived his constitutional rights before providing information to authorities about the events surrounding Bartz's death.

Carroll said that he broke into Bartz's residence looking for cash or items of value that he could quickly sell for cash or trade for drugs or alcohol.

While searching one of the rooms, Carroll found a large flashlight to use. When he walked into a doorway of the bedroom, Bartz struck Carroll in the face with a shoe. Carroll then struck Bartz in the head with the flashlight.

Bartz fell to the ground and Carroll then continued to strike Bartz in the head approximately five to six times with the flashlight. He also kicked Bartz in the back and face while she was on the ground.

After Bartz stopped moving, Carroll continued his search for items to steal. When Carroll heard Bartz screaming from the other room, he took a black shirt and tied it over Bartz's mouth.

When Bartz was quiet, Carroll walked out of the room, collected the items he stole and walked out the front door. He then used the car keys he had stolen and drove away in the 2005 Honda CR-V that was in Bartz's possession.

That vehicle was found Nov. 2 in Cottonwood, Ariz., and transported Nov. 4 to the FBI's Albuquerque office. Authorities found a flashlight, with dried blood on it, under the front passenger seat of the vehicle.

A funeral service for Bartz was held Nov. 7.

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