No charges filed yet in triple fatality

No charges filed yet in triple fatality

Dec. 22, 2001

By Jim Mimiaga
Journal Staff Writer

A Utah man with a record of drunk driving in the 1980s has not yet been formally charged in the triple-fatality crash he allegedly caused while intoxicated.

According to the Colorado State Patrol, on Dec. 8 Wilson B. Jones of Aneth, Utah, caused a head-on crash on U.S. Highway 160 near the Four Corners Monument. The crash killed the three persons in the other vehicle: Rufus Cayaditto, 20, LaTanyia Begay, 19, and 1-year-old Jasmyne Cayaditto, all of Cortez.

But two weeks later, no charges or arrests relating to the incident have been filed against Jones, who suffered injuries in the crash but was released from Northern Navajo Medical Center in Shiprock on Dec. 19.

"There have been no charges filed as of today; it’s an ongoing investigation," said Ann Antanasio of the FBI’s public-affairs office in Denver on Friday.

According to a trooper who responded to the scene and assisted in the investigation, Jones’ westbound Bronco II appeared to have crossed into the oncoming lane and shoulder, where it collided with the eastbound vehicle driven by Cayaditto. Evidence at the scene indicated Jones had been drinking, according to the state patrol.

The investigation is now being handled by the Bureau of Indian Affairs and the FBI.

Court records dating back to 1980 show that Jones has been charged in Montezuma County with DUI three times in but found guilty only once:

Jones was convicted for DUI and driving without a license on April 4, 1980. He was fined $15, according to county court records.
Jones was charged with DUI again for an incident that took place on Sept. 6, 1983. Court records show his blood-alcohol content at .15 grams, well over the current legal limit of .10 grams. Jones plea-bargained and the DUI charges were dropped. He was fined $100, and sentenced to 40 hours of alcohol counseling and 24 hours of useful public service.
On Aug. 9, 1985, Jones was issued a summons for driving while intoxicated and driving while license suspended. The DUI charge was dropped and Jones pleaded guilty to driving under suspension. He was fined $50.

Since the crash occurred on the Ute Mountain Ute Reservation and involves potential felony charges, the BIA and FBI took over the investigation. The process is handled differently and at a slower pace than that for crimes occurring off the reservation.

"The federal system takes longer," said Ivan Bowekaty, criminal-investigations supervisor for the BIA in Albuquerque. "That case has been turned over to the FBI, who will review it and then forward it to the U.S. District Attorney."

The reason it takes longer is that American Indians suspected of felony crimes committed on the reservation go through the federal system, rather than through the local district attorney.

Cases involving non-Indians suspected of felonies are reviewed by the DA’s office, which then decides whether charges are issued.

In contrast, the FBI and BIA have jurisdiction over American Indians suspected of felonies committed on reservations. Evidence from those cases is then presented to federal grand juries following FBI/BIA investigation, said U.S. District Attorney Robert Kennedy in Durango.

"We have been apprised of it," Kennedy said. "It’s a tragic case that is being very seriously addressed."

If the grand jury issues an indictment, then the U.S. District Attorney files the charges.

But the federal grand-jury process takes time, and the group of 32 people convenes on a set schedule that does not always lend itself to indictments being brought about quickly.

Jones is not being held in federal custody, pending the outcome of the investigation, Kennedy said.