I, Robert R.

McNichols, declare that I am over the age of 18 years and the following statement is
made under penalty of perjury of the laws of the United States, and its true and correct to the best
of my knowledge and belief.

On April 4, 2020, I see that a Temporary Restraining Order (TSO) dated April 2, 2020 was
issued last week which names me in regard to work on the Winnemucca Indian Colony. The
TSO was an attachment to an email from BIA Police Officer Charles Etheredge. Officer
Etheredge had mentioned to me that he sent an email but I didn’t take time to pull up the
attachment. He read part of it to me, but it sounded like the same people we had listed on our
“Do Not Disturb These Lots” list that we had given to Officer Etheredge and all of the workers
already. I didn’t recognize the addresses that he read to me as we use Lot Numbers mostly to
identify location of residences and occupants.

I know Officer Etheredge was not serving me a Court Order because he, former Chief of Police
Gregory Parnell, and ASAC Clinton Funk have all told me that BIA OJS has no authority to
serve papers for a Civil Action. The BIA refused to serve the Eviction Orders by Magistrate
Harlan to some of these same persons and we had to hire a private server, Nevada Judicial
Services, Patrick Peragrin, to serve the CFR Court's eviction orders.

We did not disturb or move any occupied homes or mobile homes this week, except:

1) the travel trailer in the Park Access at South Street between Lots 19 (Leslie Smart Jr and Lot
20, the Colony Administration Building). The occupant of this trailer was spending his second
day in the trailer in which he had taken illegal entry. The occupant was Kevin Barner, a black
man, transient who occupied the trailer illegally. The Police Officer had him leave the trailer and
we impounded it and moved it to the impound area. (This is the drug stash trailer).

2) Lot 48, Fredrick Dick, we placed impoundment notices and No Trespassing notices on the
mobile home on Lot 48. This is a home that was vacated by Fredrick Dick who has moved to
Fort McDermitt. The trailer was taken over by Mark Pruitt, a white man, who has never lived
on the Colony, and his fiancée Lisa Dick, who is Fredrick Dick’s daughter. Neither are
members of the Colony, and neither has any property rights, or any right to be on the Colony.

To be clear, the people listed on the TRO, or the Lots that they occupy were not disturbed by any
of us this week - Myrl Ayer, Kevin Dick, Elena Loya, Leslie Smart Jr, or Dwight Brown.

As for the addresses of occupants and residents on South Street are the following:

Barbara Mills, Lot 18, which is 236 W. South Street

Leslie Smart, Jr., Lot 19, which is 247 W. South Street
Colleen Missouri, Lot 16 which is 232 W. South Street
Jim Ayers, Lot 25, which is 242 W. South Street
Colleen Missouri, Lot 16 which is 232 W. South Street
None of these occupants / residents listed above on South Street were disturbed this week or in
past visits.

We did remove and demolish the travel trailer owned by the Winnemucca Indian Colony behind
the Administration Building (which could be considered to be South Street). This trailer had
been taken over by vagrants and for drug use. The sewage drained directly onto the ground and
electric was extended by Leslie Smart Jr by extension cord. Reports have been submitted to the
BIA Police in the past. The trailer was filled with used needles and littered with meth or crack
packets. The metal was delivered to Robison Metal Scrap yard and the waste to the Humboldt
Regional Landfill.

The April 02, 2020 TSR lists the following as Respondents:

Myrl Ayer
Kevin Dick,
Elena Loya,
Leslie Smart, Jr,
Dwight Brown,
and 232 South Street.

And Addresses: I am not able to match some of these addresses to the Lots on Cinnabar Street:

1149 Cinnabar St – Lots 7, 8, and 9, Elayna Loya; Not disturbed to date

1141 Cinnabar St – Lot 7, is a vacant mobile home, and has been vacant for several years, listed
as Chevlyn Vasquez (maybe Ian Carvajal and Carlos Sanchez are related to
Irma Carvajal – deceased?); This mobile home was impounded in place and
is readied for transport to the impound area.
1137 Cinnabar St –Lot 5, sink hole - Lavella Brown Camis, This trailer is vacant, and has been
vacant for several years. It was impounded and transported to impound area.
1136 Cinnabar St – Lot 5, Lavella Brown Camis. This mobile home is vacant and has been
vacant for several years. It was impounded in place and is readied for
transport to impound area.
1136 ½ Cinnabar St – (Not an address?) Not sure what this is referring to.
323 W. Bell St, Lot 40, Louella Brown, Eldon Brown, Gilbert George, and Doreen Brown. Not
disturbed to date.
1161 Cinnabar Street is Lot 8, Jordan Tackey, Not disturbed to date.
1175 Cinnabar Street is Kurt Snapp, mobile home in Natchez Street ROW. Not disturbed. He is
entering a rental agreement with the Colony.

I cannot find a residence for 302 West Bell Street. This may be referring to 311 West Bell, Lot
39. We impounded this trailer in place, and readied it for removal to the Impoundment Area.
This is a vacant trailer and has been vacant for at least the last two years that I know of, but
vacant for more years that that I’ve been told. It is a vacant trailer and no persons have lived in
it for quite some time.

Myrl Ayer – Lots 25 and 31: (and Jimmy Ayre and Stormy Ayre): Myrl and JimmyAyers have
occupied, or claimed to occupy Lots No. 25 and 31. We have not disturbed either of these lots,
on this trip or any previous trips. Jimmie Ayer is not listed on the TRS documents, but we have
not disturbed Lot 25, that he occupies. Stormy Ayer is a non-Indian who has claimed to occupy
Lot 31 but he is institutionalized now, I understand. Jimmy Ayer claims his address as 342 West
South Street, which is Lot 25. Both Lots, 25 and 31 are extreme health, safety and sanitary
hazards.

Our first task upon arriving on the Colony this week was to remove the mobile home, inoperable
vehicles, trailers, building materials, and trash from the BIA Route 201 (South, Cinnabar,
Natchez, Sue, and Bell Streets) right-of-way, as we have a roads construction contract ready to
award to Honewill Construction but must clear the streets to enable equipment for milling and
repaving the streets. Jimmie Ayer said the pink trailer sitting on South Street belongs to him
and he will move it, and if we touch it, there will be “hell to pay”. He was very serious.
We have received death threats from both Myrl and Jimmie Ayer’s in the past which we formally
filed complaints with the BIA OJS District III ASAC. Again, this trip, Jimmie Ayers, told me
when we were preparing to clear the streets, that he would destroy us if we touched anything that
belongs to him. He later told one of our workers, Floyd , that he was going to kill his boss
(referring to me) if we come near him. A short time later, Jimmie Ayers told Floyd again, that
he was going to destroy our whole crew. I reported this to BIA Police Officer Etheredge, and he
said he will talk to Mr. Ayers. He said Ayres will move the trailer himself. We agreed to work
elsewhere to give Ayers time to remove his mobile home, steel utility trailer, old building
materials, and vehicles from the BIA Route 201 ROW.
The following day, Jimmie Ayres move the trailer to an unoccupied lot behind his Lot 25. I
told Officer Etheredge that this was not acceptable because we are going to clear the debris off
those vacant lots. Officer Etheredge said he will talk to Mr. Ayres.
In fear of safety for myself and the workers, we did not come near anything that Jimmie Ayres
might lay claim to. Jimmie Ayres has taken control of Lots 24, 23, 30 and 29, which are vacant
lots and the Ayres or anyone else has claim to those unoccupied lots. We need to clear the solid
waste from these lots but the BIA Police are not sufficiently staffed to provide the needed
protection.

“DO NOT DISTURB THESE LOTS”

Before starting work on the Colony last week, a list of people and Lots that we were not going to
disturb was distributed to all our workers, to Stoneking Construction and his workers, and to the
local laborers that we hired in Winnemucca to work with us this week. A copy of the list of the
“DO NOT DISTURB THESE LOTS” was provided to BIA Police Officer Charles Etheredge by
Bob McNichols on Tuesday, March 31, 2020 at 9:30 a.m.. I gave him a map of the Lots that we
were going to clear, and a general overview of our order of work. A copy of the list that was
distributed is:
Kevin Dick – Lot 32: We did not approach or disturb Lot 32 that Kevin Dick occupied at one
time. The past couple times I was at the Colony, it appeared that nobody lived in this house.
There were a couple cars parked on the lot last week making it appear that someone was there.
This is a custom home built in the 1970’s, not a mobile home. There is not a lease or assignment
for this Lot or for Kevin Dick.

Elena Loya- Lot 7, 8, and 9. Elayna Loya is on our “DO NOT DISTURB THESE LOTS”
LIST. This mobile home and detached garage, shed and fence straddles a utility easement, and
occupies portions of Lots 7, 8, and 9. We did not approach or disturb this site at all. at Elayna
Loya occupies.

Leslie Smart, Jr – Lot 19: Leslie Smart, Jr. is on our “DO NOT DISTURB THESE LOTS”
LIST. We did not disturb anything inside Lot 19. We did clean up two large piles of trash and
buried some human waste that was on top of the ground just outside the lot on the Park Access.
This is a horrid situation. Leslie Smart, Jr. often has his two young children here and playing
outside in squalor. There is human waste around his trailers and homesite inside and outside Lot
19. Mr. Smart facilitates suspected drug dealers and trafficking at his residence. When we
conducted the Phase I Environmental Site Assessment on April 12, 2019, Mr. Smart leaned a
rifle across the open door of his trailer while his children played in the front yard. It was his way
of warning us to stay away from him, we believe.

Mr. Leslie Smart Jr has assisted his acquaintances to set up travel trailers in the Park Access area
next to Lot 19, and has provided electric to them by extension cords. Each time I go up there, a
different trailer, different vehicles. The Dutchmen Trailer pictured below was occupied by a
black guy who said his name is Kevin Barner. He said someone told him he could stay in the
trailer and he was there Sunday and Monday nights, March 30 and 31. He didn’t know who the
person was who told him or where they lived or how to contact them. Because he was
trespassing on the Colony and was not a resident, I told him to take his stuff and leave. The
trailer was still there the next day. The Police asked him to leave and we impounded the trailer.
We moved it to the impound area on Wednesday, April 1. The criminals involved in the
shootout with City of Winnemucca Police on Thursday night were headed to this trailer, but it
had been moved. After the shooting, on Friday, I was told by one of the investigators on the
Colony that the trailer had been a stash house and the drugs were hidden behind the paneling of
the trailer. The drugs had been remove already but it was used as a stash house by Justin Smart
and perhaps others.

This trailer was there with a hole cut through the floor for peeing and pooping through the floor
onto a ground. A small hole was dug beneath the hole in the floor directly onto the ground. A
bucket had been placed under the hole but had fell over and the poop was directly on the ground.
Dwight Brown – Lots 40, 38, 37: 323 Bell Street: The Browns are on our “DO NOT
DISTURB THESE LOTS” LIST. We did not disturb anything inside the lots occupied by the
Browns Lots 37, 38, or 40.

The Browns have numerous trailers, campers, mobile homes on these lots. We don’t know who
lives there and who they harbor.
Browns have acquaintances that they have enabled to stay on the Colony, rumored that they are
renting space to outsiders, occupying Lot 41. The structure below was just constructed recently,
converting a shed to a residence. A lady came out from this structure pictured below on Lot 41
and said her name is Tracy Collins. She appeared to be a white lady and she told me she lives
here. This Lot 41 is not and never has been assigned to anyone.

A shed was built recently on Lot 42 that is said to be a tool shed of Dwight Brown. It is
rumored to be a stash house where mules gather to pick up and distribute drugs. The BIA Police
is aware of the activities there. We believe Dwight Brown has outstanding current pending
warrants, one for drug activity and one for domestic violence. I asked Officer Etheredge if he
had checked these guys for wants and warrants. He said even if they have pending open
warrants, BIA cannot take any action to pick them up unless the are Federal BIA warrants. He
said we must have an intergovernmental agreement with the County or State to apprehend and
deliver criminals to other jurisdictions. I don’t believe that to be true, but that is his
understanding. What we believe to be a drug dealer shed on back corner of Lot 42.
Lot 323 Bell Street is the address used for the Brown Compound – Lots 37, 38 and 40. The
Browns have recently taken over additional Lots 41 and 42 that have never been assigned to
them or anyone else. They use these lots for persons other than Browns for purposes other than
residences.

After returning home, on April 4 and 5, I went through my email. I see this document sent to
me by BIA Police Officer Charles Etheredge with an attachment that is apparently a temporary
restraining order. He told me there was an email while I was there but he did not give it to me,
it was never served on me. I know he wasn't serving me a Court Order because he, former Chief
of Police Gregory Parnell, and ASAC Clinton Funk, have all told me that BIA OJS has no
authority to serve papers for a Civil Action. The BIA refused to serve the Eviction Orders by
Magistrate Harlan to some of these same persons and we had to hire a private server, Nevada
Judicial Services, Patrick Peragrin, to serve the CFR Court's eviction orders. It makes the CFR
Court appear to be impotent.

To be clear, the people listed on the TRO, or the Lots that they reside on were not disturbed by
any of us this week - Myrl Ayer, Kevin Dick, Elena Loya, Leslie Smart Jr,, Dwight Brown, All
Persons Residing at 232 South Street, were not disturbed.
The addresses listed on the order do not match the residents or occupants of the residences.
- Myrl Ayer's occupies Lot No. 31, the SW corner of the intersection of Cinnabar and Natchez
Streets
- Kevin Dick claims the home on Lot No. 32, the SE corner of the intersection of Cinnabar and
Sue (Sioux) Streets
- Elena Loya occupies portions of Lot No. 7, 8, and 9.
- Leslie Smart Jr occupies Lot No. 19
- Dwight Brown occupies one of the mobiles or travel trailers on Lot No. 37, 38, and 40. The
Brown's claim all the residences but won't tell us who lives where.
- 232 South Street is Lot No. 16, on the NW corner of the intersection of Cinnabar Street and
South Street. Over the past two years, I have been to the Colony at least 15 times and there has
never been evidence of anyone living there. No cars. House closed and no evidence of recent
occupancy. I've left eviction notices on the front door on Monday and it would still be there on
Friday or Saturday. This is a home without an occupant. I've heard that Colleen Missouri rents
the home out to non-Indians but I've never seen any sign of people living there.

This TRO has a list of properties on Cinnabar Street and one on Bell Street, restraining us from
entering the properties of Colony residents. We are not entering the property of any of the
residents, even those mobile homes and travel trailers and vehicles that we impound and move to
the impound yard. Some of the mobile homes are not closed or locked, no doors, no windows,
and we don't even enter those homes because of the risk of hazardous materials inside. We don't
enter any properties, locked or unlocked. When the mobile homes are a clear hazard to the
public, we do close and secure then from the outside.

All of the trailers we are impounding are vacant. None have anyone living in them. Some are
used as stash houses in which drugs are stored and traded - such as the travel trailer next to
Leslie Smart Jr. All are a severe safety hazard to the community from the used hypodermic
needles, meth packs, glass dick pipes and various unidentified chemicals and drug paraphernalia
and being an attractive nuisance to children and adults in the area.. It is a liability to the Colony
to allow these death traps to exist.

I think I have complied with the TSR conditions even though I have not yet been served.

Lot 16, Colleen Missouri. Nobody lives there. I've been going there for nearly two years and
there has never been anyone living there. I often would post notices on the front door when
arriving there and two or three days later it was still there. Never a car in the driveway. Never
mail in the mail box. It is possible someone stops there for a day or two a few times a year, but
they can't live there, I don't think, without leaving some kind of evidence. We have not
disturbed this home or Lot 16 at all on any of our trips, past or present.
Consistent problems observed with all of these vacant mobile homes include health, safety and
sanitation violations that are serious and could be deadly:
 Black mold throughout the mobile homes
 Electric meters, HVAC, wiring, is dangerous and does not come close to meeting basic
electric codes. Multiple services for several units are attached to one meter with
extension cords and light weight wiring from one to the next.
 Structurally, the porches, steps, additions, are not built to code and are haphazard
 Plumbing is not safe for potable water. Water hoses are used to extend water from one
trailer to the next. In places, garden hoses are buried underground from the supply source
to the trailer. There are not back-flow prevention valves which would reduce
contamination
 Sewage is not safe in most of these homes. The Brown’s compound has several trailers
and shacks going into a home-made sewer system of barrels and a containment of sewage
on-site. Some of the homes and mobile homes dump sewage directly on the ground.
Several of the homes have sewage systems that leak onto the ground.
 Many of the mobile homes do not have HUD stickers, meaning they are pre-1978, and
may have asbestos, lead paint, and other hazardous materials. Children and adults who
visit these residences are at risk.
 The drug use and drug enterprise on the Colony is prevalent. Needles, meth and crack
pipes, and drug paraphernalia is all over. The Colony has become a “safe-haven” for
criminals because BIA Police will not pick up criminals with warrants from other
jurisdictions. Mike Allen, Sheriff, and Kevin Malone, Undersheriff, Humboldt County
will not respond or cooperate, even when the criminals are non-Indians on the Colony.
Crimes are not investigated on the Colony. Crime statistics are not maintained by the
BIA or others for the Colony. The reporting of crimes on the Colony receive very little
attention. The BIA Dispatch is ineffective and part-time for the Colony.

The TRO requests the J Rails shall be removed from West Bell Street and West South Street
until further order of the Court in the event of emergency vehicles are necessary. The J rails
do not prevent emergency vehicles from accessing the Colony. There is already sufficient
space for any emergency vehicle to go around the J Rails on the streets at the location of the J
Rails. This order has already been achieved.

The J Rails already contributed to the safety of the Colony, when on the night of April 2,
2020, the City of Winnemucca Police were in pursuit of three criminals who were fleeing to
the Colony for safe-haven. The criminals, at high speed, seeing the criminals circled
through the parking lot from the old Smoke Shop site on South Street and hit a large rock that
we had placed to prevent people from cutting cross country onto the Colony. The rocks took
the front end out of the criminals vehicle which disabled it and allowed the Police, after a
shootout, to apprehend all three of the criminals.
It appears to me the BIA Court of Indian Offenses is not without bias. The question of non-
members having a property right to this Trust parcel is well documented and without question.
The 20 acre parcel is held in trust by the United States for the beneficial use of the Winnemucca
Indian Colony. None of the respondents have a property right to be on the Colony. In order to
gain a property right on the Winnemucca Indian Colony requires approval by formal action of
the tribal governing body and approval by BIA. Without such approvals, any lease, assignment,
inheritance, or other ownership document would be invalid because such approval would be
without authority of the parties to encumber such trust property. These encumbrances are
recorded by BIA in the BIA Land Title Records Office. The BIA Regional Director, Bryan
Bowker, and BIA Western Nevada Agency Superintendent, in my observances, have worked
hard to prevent the Winnemucca Indian Colony from receiving a Certified Title Status Report