Mother claims Oglala Sioux tribal cops negligent in son’s death

By Katie Brown
Rapid City Journal

PINE RIDGE, S.D. – A civil trial continued Wednesday in U.S. District Court involving a woman suing the U.S. Bureau of Indian Affairs, saying tribal law enforcement's negligence caused a 2002 car crash in Pine Ridge that killed her 36-year-old son.

Nathan Vaughn Dreamer, 36, died Feb. 25, 2002, as the result of injuries from a Jan. 7 car crash.

Norma Blacksmith, Dreamer's mother and administrator of his estate, filed a claim accusing the Oglala Sioux Tribe Department of Public Safety -- which is run by the BIA -- of negligence in the crash.

Blacksmith filed the claim in May 2003, and the BIA denied her compensation of $900,000 in 2005. She then proceeded with the suit.

Court documents said Dreamer was driving in the Pine Ridge area Jan. 7, 2002, when he noticed a police car following him with its lights flashing.

Dreamer continued driving.

Blacksmith's claim alleges that the patrol car, driven by Officer Dan Crazy Thunder, reached Dreamer's car, struck it and caused Dreamer to lose control, go through a ditch and into a dry creek bed, striking an embankment.

Court documents said authorities were pursuing Dreamer because of a report that he had brandished a knife at a home in Oglala Housing.

Dreamer and his passenger, Jennifer Eagle Hawk, were injured in the crash. They were taken to Pine Ridge Hospital.

Dreamer was later flown to Rapid City Regional Hospital to be treated for a head injury, lacerations and other injuries, where he died.

Eagle Hawk survived.

Court documents said Blacksmith alleges that the BIA failed to keep a proper lookout on officers and that Crazy Thunder pursued another vehicle at an excessive rate of speed in a nonemergency situation. She also alleges that Crazy Thunder and the BIA failed to follow policy and procedure relating to police pursuit and emergency driving.

No criminal charges were filed against Crazy Thunder.

Robert Gusinsky, assistant United State's Attorney, said in court documents that there was no contact between Officer Dan Crazy Thunder's patrol car and Dreamer's vehicle.

The U.S. Attorney's office also says in court documents that the BIA and the U.S. are not negligent because Dreamer assumed the risk in fleeing from the police.

The case is in a court trial, so U.S. District Judge Andrew W. Bogue will determine the verdict instead of a jury.