Alexandra K.

Rawlings
1 Washington Bar No. 55706
2 NEVADA LEGAL SERVICES, INC.
204 Marsh Avenue, Ste. 101
3 Reno, Nevada 89509
Phone: (775) 284-3491
4 Fax: (775) 284-3497
Email: arawlings@nlslaw.net
5 Attorney for Respondents
6
7 IN THE COURT OF INDIAN OFFENSES
FOR THE WESTERN REGION
8 WINNEMUCCA INDIAN COLONY
9
WINNEMUCCA INDIAN COLONY,
10 Case No.: CIV-19-WR15
Petitioner,
11 CIV-19-WR16
vs.
12 CIV-19-WR17
MYRL AYER, et al., and
13 CIV-19-WR18
KEVIN DICK, et al., and
ELENA LOYA, et al., and CIV-19-WR19
14
LESLIE SMART, JR., et al., and
15 DWIGHT BROWN, et al., and CIV-19-WR20
ALL PERSONS RESIDING AT 232 S ST.,
16 EMERGENCY MOTION FOR ORDER OF
Respondents.
CONTEMPT
17
18 COME NOW, DOREEN BROWN, LOUELLA STANTON, ELDON BROWN, DWIGHT
19 BROWN, GILBERT GEORGE, ELENA LOYA, ELISA DICK, LOVELLE BROWN, CASSIE
20 CAMAS, CARLOS SANCHEZ, and IAN CARVAJAL (“Respondents”) by and through their
21 attorney of record, ALEXANDRA K. RAWLINGS of NEVADA LEGAL SERVICES, INC., and
22 move this Court to hold the Winnemucca Indian Colony (“Petitioner”) in civil and/or criminal
23 contempt of court for their willful violation of this Court’s orders.
24 I. INTRODUCTION
25 The instant case was initiated as the result of Petitioner’s attempts to forcibly evict the
26 residents of Winnemucca Indian Colony lands (the “Colony”) from their homes. A year later, and
27 despite ongoing litigation, as well as Court orders and instruction, Petitioner continues to take
28 action to unlawfully and forcibly remove Colony residents. In response to these repeated attempts

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 1 to circumvent court process, this Court must act to protect the rights of Colony residents, maintain
2 the rule of law, and administer justice.
3 II. PROCEDURAL AND FACTUAL HISTORY
4 On March 31, 2020 and April 1, 2020, Robert McNichols (“Mr. McNichols”) and a number
5 of unidentified men with heavy construction machinery entered the Winnemucca Indian Colony
6 and directed residents to vacate their residences, and began to forcibly remove property and
7 fixtures from residents’ homes, causing significant damage, as well as emotional distress. See
8 Motion for Ex Parte Temp. Rest. Ord. (Filed April 2, 2020). In response to these actions to forcibly
9 evict residents, Respondents filed for an Ex Parte Temporary Restraining. Order. See id. On April
10 2, 2020 the Court granted this motion and issued a temporary restraining order prohibiting the
11 Winnemucca Indian Colony Tribal Council, Mr. McNichols, any of their agents and
12 representatives, and any other persons conducting activity at their direction from entering the
13 properties of Respondents, which include: 1149 Cinnabar Street, 1141 Cinnabar Street, 1137
14 Cinnabar Street, 1136 Cinnabar Street, 1136 ½ Cinnabar Street, 323 West Bell Street, and 302
15 West Bell Street. See Ord. Granting Emergency Temp. Rest. Ord. at 1–2 (filed April 2, 2020).
16 The Court also ordered that Petitioner be “restrained from interfering with the residents’
17 use and enjoyment of their properties and dwellings, including but not limited to: restrained from
18 removing taking, destroying, damaging, or otherwise touching any personal or real property or
19 fixtures at said properties.” Id. at 2. Petitioner was further “restrained from destroying or otherwise
20 disposing of property which has been moved, retrieved or otherwise relocated” and “from
21 harassing residents.” Id. In addition, this Court ordered that the J Rails located at West Bell Street
22 and West South Street be removed, and stated that “further obstruction of this Court’s Temporary
23 Restraining Orders may result in criminal or civil contempt being filed against the offending
24 party(ies).” Id.
25 The Temporary Restraining Order was set to expire on April 23, 2020, but by order dated
26 April 13, 2020, the Temporary Restraining Order was extended to June 25, 2020. See Ord. of Cont.
27 (filed April 13, 2020). The above-described restraints ordered by the Court remain in place to this
28 day.

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 1 On the morning of May 4, 2020, Mr. Nichols again entered the Colony with heavy
2 construction machinery, this time accompanied by Winnemucca Indian Colony Council
3 Chairperson Judy Rojo,1 possible additional members of the Winnemucca Indian Colony Council,
4 and approximately one-dozen (12) unidentified individuals. See Ex. 1, see also Affidavit of
5 Counsel in Support of Emergency Mot. for Ord. of Contempt. Through these agents and
6 representatives, Petitioner approached Respondent Lovelle Brown and directed her to remove her
7 belongings from her residence at 1137 Cinnabar Street. See Affidavit of Counsel. Petitioner
8 threatened that her residence would be demolished the following day, May 5, 2020. See id. In
9 addition, Petitioner demolished and disposed of the travel trailer that was removed from 1137
10 Cinnabar Street on April 1, 2020. See id. Personal property belonging to Respondents Lovelle
11 Brown and Cassie Camas was destroyed along with the travel trailer. See id.
12 Petitioner also entered the Brown family homesite located at 1136 Cinnabar Street, 1136
13 ½ Cinnabar Street, and 323 West Bell Street. See id. While on the Brown family homesite,
14 Petitioner demolished a shed fixture and disposed of personal property belonging to Respondent
15 Dwight Brown. See id. In addition, Petitioner approached Respondent Elisa Dick at her residence
16 located at 302 West Bell Street. See id. Petitioner directed Ms. Dick to remove her belongings
17 from the residence and to vacate her home. See id. Petitioner further threatened that her residence
18 would be demolished the following day, May 5, 2020. See id. And, Petitioner has failed to remove
19 the J Rails located at West Bell Street and West South Street. See id.
20 As a result of Petitioner’s actions, Colony residents live in fear that their homes will be
21 demolished without warning. See id. Despite Petitioner’s claims that they must remove “solid and
22 hazardous waste,” the necessity of such action is not supported by evidence. Rather, Petitioner’s
23 activities on the Colony appear to be for the primary purpose of intimidating Colony residents,
24 destroying their dwellings and other property, and forcibly evicting them from their homes. See
25 Reply to Responses to Dismiss of all Cases (filed April 17, 2020).
26 //
27
28 1
While not the subject of this particular motion, Judy Rojo’s presence on the Colony is inconsistent with
Petitioner’s request for a continuance due to alleged health concerns. See Motion to Extend Time (filed April 27,
2020).

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 1 III. ARGUMENT
2 A. Petitioner Should be Held in Contempt for Violation of the Court’s Temporary
Restraining Order
3
4 Local Court Rule 7.5(2) provides that “[i]ndirect contempt of Court shall consist of willful
5 disobedience of any process or order lawfully issued or made by the Court.” The penalty for
6 “indirect contempt shall be by the imposition of a fine in a sum not exceeding five hundred dollars
7 ($500.00) or by imprisonment in the city/county jail not exceeding six (6) months, or by both, at
8 the discretion of the Court.” Local Court Rule 7.6(1).
9 Petitioner’s actions to resume their activities that were specifically prohibited by the
10 Temporary Restraining Order (the “TRO”) entered April 2, 2020 and re-issued April 13, 2020, is
11 a willful violation of this Court’s orders. By entering the Brown family homesite and the property
12 located at 323 West Bell Street, Petitioner willfully violated the provision of the TRO that
13 restrained Petitioner from “entering the properties of Colony Residents.” By directing Elisa Dick,
14 Cassie Camas, and Lovelle Brown to remove their belongings from their home, Petitioner violated
15 the provision of the TRO restraining Petitioner from “harassing the residents.” By directing Elisa
16 Dick to vacate her home, Petitioner violated the provisions of the TRO restraining Petitioner from
17 “interfering with residents’ use and enjoyment of their properties and dwellings” and from
18 “harassing the residents.” By destroying the travel trailer removed from 1137 Cinnabar Street and
19 the belongings within it, Petitioner violated the provision of the TRO that restrains Petitioner from
20 “destroying or otherwise disposing of property which has been moved, retrieved, or otherwise
21 relocated.”
22 By demolishing the shed fixture at the Brown family homesite, Petitioner willfully violated
23 the provisions of the TRO that restrain Petitioner “from interfering with residents’ use and
24 enjoyment of their properties and dwellings, including but not limited to: restrained from removing
25 taking, destroying, damaging, or otherwise touching any personal or real property or fixtures.”
26 The fear and intimidation that Petitioner has created violates the provision of the TRO restraining
27 Petitioner from “harassing the residents or otherwise disturbing the peace.” And, Petitioner’s
28

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 1 failure to remove the J Rails violates the provision of the TRO requiring that the J Rails “be
2 removed from West Bell Street and West South Street.”
3 Petitioner may have temporarily slowed their efforts to forcibly evict Colony residents, but
4 they have now resumed the exact activities in which they were engaged prior to entry of the TRO
5 – activities that are in clear, facial violation of the Court’s orders. Such flagrant action can only
6 be willful and deliberate. Because Petitioner has wilfully violated this Court’s April 2, 2020 and
7 April 13, 2020 orders, the Court should find Petitioner in contempt of court and impose penalties
8 accordingly.
9 B. Civil and/or Criminal Penalties for Contempt of Court are Necessary to Enforce the
Court’s Orders
10
11 Petitioner has demonstrated contempt for the lawful authority of this Court by willfully
12 violating the Court’s orders. Urgent court action is necessary in order to protect the rights of
13 Respondents, encourage respect for the rule of law, and maintain the administration of justice. The
14 mere warning of contempt has been unsuccessful in obtaining Petitioner’s compliance with court
15 orders. This Court should impose a civil penalty of $500.00 for each of Petitioner’s actions, which
16 each constitute separate violations of the Court’s order. These actions are described in greater
17 detail in the foregoing section, but can be generally described as: (1) entering the Brown homesite;
18 (2) entering 323 Bell Street; (3) destroying Dwight Brown’s shed; (4) disposing of Dwight
19 Brown’s property; (5) directing Elisa Dick to remove her belongings; (6) directing Elisa Dick to
20 vacate her home; (7) threatening to demolish Elisa Dick’s home; (8) destroying Lovelle Brown
21 and Cassie Camas’s travel trailer; (9) destroying personal property of Lovelle Brown and Cassie
22 Camas inside the travel trailer; (10); directing Lovelle Brown to remove her belongings; (11)
23 threatening to demolish Lovelle Brown and Cassie Camas’s home; (12) failing to remove the J
24 Rails; and (13) intimidating residents. For these thirteen (13) violations of the Court’s orders, this
25 Court should impose a fine of $6,500 against Petitioner.
26 It is unlikely that a fine alone will deter Petitioner from continuing to wilfully violate court
27 orders. In addition to imposition of a fine, Respondents respectfully request that the Court also
28 order the imprisonment of Robert McNichols for civil contempt of court, and the imprisonment of

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 1 Judy Rojo for civil and/or criminal contempt of court. Further, Respondents request that this Court
2 direct the Bureau of Indian Affairs (“BIA”) police to take into custody any member of the
3 Winnemucca Indian Colony Council, their agents and representatives, and any other individual
4 acting at their direction, who further violates the orders of this Court. While such action may seem
5 drastic, it is the only means available to truly compel Petitioner to comply with this Court’s orders,
6 and to prevent the further destruction of Respondents’ homes. Any response short of imprisonment
7 will rely on Petitioner’s will and good faith to enforce the court orders. Petitioner has repeatedly
8 demonstrated that they are unwilling to act lawfully, and have left few options for the Court and
9 for Respondents.
10 In order to provide additional assurances that Petitioner will not further violate the orders
11 of this Court, Respondents request that any activities contemplated by Petitioner on the Colony be
12 submitted to the Court and serviced on the parties for review. Any activities to “clean up” the
13 Colony must be approved by the Court in advance to ensure that they do not violate the Court’s
14 existing orders. This Court can further ensure compliance by limiting Petitioner’s activities to the
15 hours of 8:30AM–4:30PM under the supervision of no less than three (3) BIA officers. Petitioner
16 has demonstrated that they are unwilling to comply with the Court’s orders without significant
17 corrective action and oversight. Instituting mechanisms to ensure this compliance and providing
18 concrete incentives in the form of civil penalties are the only available means to ensure that
19 Respondents’ rights are protected, and that interests of justice are achieved.
20 IV. CONCLUSION
21 For the foregoing reasons, Respondents respectfully request that this Court enter an order
22 as follows:
23 Finding Petitioner in contempt of court for violating the Court orders entered on April 2,
24 2020 and April 13, 2020;
25 Finding that Judy Rojo and Robert McNichols are agents and/or representative of Petitioner
26 Winnemucca Indian Colony;
27 Imposing a $6,500 fine against Petitioner;
28

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 1 Imposing a term of imprisonment for Robert McNichols, Judy Rojo, and any other persons
2 who have acted in willful violation of the Court’s orders, such term of imprisonment to conclude
3 upon payment of $6,500 bond to the court, removal of the J Rails, and assurances to the satisfaction
4 of the Court that Petitioner will strictly comply with all provisions of court orders, for a term not
5 to exceed 6 months;
6 Directing the Bureau of Indian Affairs to place into custody any individual who further
7 violates court order by interfering with Respondents’ use and enjoyment of their properties and
8 dwellings;
9 Declaring that any additional violations of the restraining order entered on April 4, 2020
10 and re-issued on April 13, 2020 shall result in a $500 fine per violation;
11 Restraining any of Petitioner’s further activities on the Colony except with prior notice to
12 the parties, and approval of the Court, and limiting any such activities to the hours of 8:30AM–
13 4:30PM under the supervision of no less than three (3) BIA officers;
14 Restraining Petitioner from contacting Respondents except with prior notice to the parties
15 and approval of the Court;
16 Restraining Petitioner from coming within 25 feet of any Respondent or their residences,
17 including but not limited to all those residents who are members of the Smartt, Brown, Loya, Dick
18 and Ayer families, and including but not limited to all those residing at:
19 1149 Cinnabar Street
20 1141 Cinnabar Street
21 1137 Cinnabar Street
22 1136 Cinnabar Street
23 1136 ½ Cinnabar Street
24 346 West Bell Street
25 323 West Bell Street
26 311 West Bell Street
27 302 West Bell Street
28 234 West South Street;

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 1 Restraining the Winnemucca Indian Colony Council, Robert McNichols, and any agents
2 and/or representatives, as well as those conducting any activity at the request of Robert McNichols,
3 and any other such agent of the Winnemucca Indian Colony Council shall not interfere with
4 Winnemucca Indian Colony residents’ use and enjoyment of their properties and dwellings,
5 including but not limited to: prohibiting them from removing, taking, destroying, damaging, or
6 otherwise touching any personal or real property or fixtures without a specific order from this
7 Court authorizing such action; and prohibiting them from harassing the residents or otherwise
8 disturbing the peace;
9 Declaring that the Court’s order shall remain in full force and effect until such a time as
10 the Court makes a determination regarding land ownership, rights, and authority on the
11 Winnemucca Indian Colony, and the Court issues an order dissolving or modifying the order.
12
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RESPECTFULLY SUBMITTED this 5th day of May, 2020.
14
15 NEVADA LEGAL SERVICES, INC.

16
17 Alexandra Rawlings
____________________________________
Alexandra Rawlings, Esq.
18
Washington Bar No. 55706
19 Attorney for Respondents
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 1 CERTIFICATE OF SERVICE
2 I hereby certify that on the 5th day of May, 2020, I served the foregoing EMERGENCY
3 MOTION FOR ORDER OF CONTEMPT in the above captioned case upon the following
4 person(s):
5
Via Email
6 Treva Hearne
Attorney for the Winnemucca Indian Colony Council
7 trevahearne@gmail.com
8
Via Email
9 Benny Mills
Advocate for Respondents
10 tograyfox@yahoo.com
11
12
13 DATED this 5th day of May, 2020.
14
15 NEVADA LEGAL SERVICES, INC.
16

Alexandra Rawlings
17
____________________________________
18 Alexandra Rawlings, Esq.
Washington Bar No. 55706
19 Attorney for Respondents
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EXHIBIT 1