Staff Reports

WINDOW ROCK , Ariz. – The 23^rd Navajo Nation Council applauded Friday’s announcement that the U.S. Department of Justice will review the local investigation into the shooting death of 27-year-old Loreal Tsinigine, a member of the Navajo Nation, which occurred on March 27.

"The Navajo Nation Council is elated that the United States Department of Justice has made the decision to review the investigation into the shooting death of Loreal Tsinigine at the hands of Officer [Austin] Shipley,” stated Speaker LoRenzo Bates. “While Maricopa County may allow Officer Shipley to escape criminal prosecution, we are hopeful that a federal investigation will bring justice for the Tsinigine family."

The Arizona Department of Public Safety investigated the shooting, which was later reviewed by the Maricopa County Attorney’s Office. Maricopa County Attorney Bill Montgomery issued a letter on July 19 to Winslow Police Department Chief of Police Stephen Garnett, stating that Officer Shipley would not face criminal charges in the case.

Speaker Bates said the Council wholeheartedly supports the decision of the USDOJ and pointed out that the Office of the Speaker, Office of the President and Vice President, and the Navajo Nation Human Rights Commission have all sought the intervention by the USDOJ.

On May 26, members of the Navajo Nation Council unanimously approved a resolution sponsored by Council Delegate Jonathan Hale, calling for U.S. Attorney General Loretta Lynch to investigate the Winslow Police Department in response to the shooting death of Tsinigine, who was originally from the small community of Teesto.

Council Delegate Lee Jack, Sr., who represents the community of Teesto, said community members are pleased with the announcement and called for a fair and timely investigation.

“The community and loved ones have had a very difficult time coping with the loss of Loreal and this announcement brings some hope and relief,” said Delegate Jack. “We want justice for the family, the community, and the Navajo people.”

NMSP, GPD not releasing much detail in shooting death

When officers are involved in a shooting, they are typically placed on administrative leave – whether the reported suspect survived his wounds or died.

Officials at the Gallup Police Department confirmed through a press release that the unnamed officers who were involved with the shooting death of Gallup resident Alvin Sylversmythe, on July 24,  were placed on leave with pay.

But the release did not confirm how many officers were placed on leave or their names.

The release states that officers were dispatched to 304 Arnold Street at 12:45 am.

“… Officers took steps to disarm the male to include the deployment of less than lethal devices,” the release states.

At the Arnold Street shooting scene, Lt. Rosanne Morrissette said the case would be handed over to NMSP to avoid bias.

“We are referring questions on the matter to the New Mexico State Police,” GPD Captain Marinda Spencer told the Sun this week. “I cannot tell you anything else.”

Sgt. Chad Pierce, spokesman for the state police, confirmed the case is in their hands. He stated in a press release that Sylversmythe, 29, was wielding two knives. Shots were fired, and Sylversmythe was taken to Gallup Indian Medical Center where he was pronounced dead.

As for the officers placed on administrative leave, “their names will not be released until interviews have been conducted,” Pierce noted.

What led up to the shooting? – Details murky

Sources have told the Sun that Sylversmythe was a Native American man, and had visited some acquaintances in an apartment complex. He may have even sat down to play some poker that evening. Additionally, the sources said that he suffered from Post Traumatic Stress Disorder.

Shaky Assertions? Unreliable sources? Perhaps. But little is known about Sylversmythe and what reportedly drove him to charge at officers with knives. The Sun reached out to an immediate family member, who declined to comment while police investigate the case.

Why the public records silence?

It’s apparent that the GPD doesn’t want to release any information on Sylversmythe – even his prior arrest reports.

Front desk clerks were quick to defer comments on the shooting to state police before Gallup Sun reporters could ask any questions July 27. When asked about the status of a written request for copies of Sylversmythe’s prior arrests, a clerk replied that the department has 10 days to respond to a request for records.

The following day, another clerk said that Sylversmythe’s past records are part of the investigation and can’t be released to the public.

A request for clarification was emailed to Pierce on July 28, to find out whether this directive was given to GPD, but no response was received as of press time.

But not everything can be kept a secret. Sylversmythe indeed has some past run-ins with the law.

According to New Mexico Courts website, in January, he was charged for residential burglary, larceny, and criminal damage to the property of a household member. The court’s registration of activity list shows a “waiver of time limits” was the last update filed on the case June 29.

Additionally, in February of 2012, he was charged for aggravated battery against a household member. The case was dismissed without prejudice. Other past court appearances involved vehicular-oriented violations and civil matters.

Meanwhile, GPD Capt. Spencer said this is the first shooting death since 2004,  when suspect Robert Kiro killed Corporal Larry Brian Mitchell in the midst of a standoff.

Babette Herrmann contributed to this report.

By Bernie Dotson
Sun Correspondent

Staff Reports

New Mexico State Police Sgt. Chad Pierce released the name of the suspect killed by at least one Gallup Police Officer, shortly before 1 am July 24.

Pierce stated in a news release, issued July 25, that when police arrived at the 300 block of Arnold Street, Alvin Sylversmythe, 29, of Gallup was wielding two knives. Sylversmythe was on the west side of Arnold Street, in the alley when officers confronted him.

"Subsequently, shots were fired by the officers and the suspect was stuck," Pierce noted. "The suspect was immediately treated by EMS and transported to Gallup Indian Medical Center where he was pronounced deceased."

The sequence of events leading up to the officers discharging their weapons is currently being investigated by the New Mexico State Police Investigations Bureau.

Pierce said the names of the six officers involved with the shooting, but now placed on paid administrative leave, will not be released until interviews have been conducted.  Upon completion of the investigation, the case will be referred to an assigned district attorney's office for review.

Sylversmythe has some past run-ins with the law. According to New Mexico Courts website, in January, he was charged for residential burglary, larceny, and criminal damage to the property of a household member. The court's registration of activity list, shows a "waiver of time limits" was the last update filed on the case June 29.

In February of 2012, he was charged for aggravated battery against a household member. The case was dismissed without prejudice. Other past court appearances involved vehicular-oriented violations and civil matters.

To learn more about Sylversmythe's life, the Sun reached out to an immediate family member for an interview, but the source declined to comment while the case is under investigation.

INVESTIGATION TURNED OVER TO STATE POLICE

A Gallup man was shot and killed early Sunday morning by a Gallup police officer. The name of the victim was not released by police nor was the officer who did the shooting.

“There is one suspect,” Lt. Rosanne Morrissette, public information officer at GPD, said. “The investigation is being handed over to the state police.”

Morrissette said a call came in to dispatch about 12:45 a.m. about a disorderly and unruly man armed with a weapon at 304 Arnold St. She said the investigation was put in the hands of the New Mexico State Police as to avoid investigatory bias.

NMSP Sgt. Chad Pierce confirmed in a news release this afternoon that the man was armed with two knives.

"Upon arrival the officers encountered the suspect, who was armed with two knives, on the west side of Arnold Street in the alley," Pierce wrote. "Subsequently, shots were fired by the officers and the suspect was struck."

Pierce added that the suspect was "immediately treated by EMS and transported to Gallup Indian Medical Center where he was pronounced deceased."

The shooting is believed to be the first in 2016 by the Gallup Police Department. Morrissette did not say whether the police officer in question was placed on administrative leave. The deceased suspect's name will be released once next of kin is notified.

Story last updated at 5:17 pm 7/24/16