COMMERCE CITY, Colo. - On Wyoming’s Wind River Indian Reservation, Winslow Friday is preparing to surrender in his long fight with the federal government.
The seeds of the conflict were planted four years ago, when Friday shot a bald eagle from a tree. His cousin needed a tail fan for an upcoming Sun Dance, the Northern Arapaho tribe’s most important religious ceremony, and Friday wanted to help.
So when he spotted the bird, he seized his chance.
Charged with killing an eagle in violation of federal law, Friday argued that the law hinders the practice of his religion - a battle closely watched on the reservation.
Friday is giving up, though. Having exhausted his legal options, he’s hoping for a plea agreement that would avoid a trial. “The attorneys say that [a trial] would be a losing battle,’’ said Friday, 25.
Friday’s case represents the latest and most high-profile fight in a string of battles over how to balance conservation with religious liberty.
Once endangered, the bald eagle has rebounded in recent decades but remains - along with the golden eagle - under the protection of the federal Eagle Protection Act.
The law provides an exception for American Indians who want eagles for ceremonies: They can acquire birds from the repository or may apply for a permit to “take,’’ or kill, an eagle. Many tribes eschew both options, saying the former can take years and yield unsuitable specimens.
In Wyoming, Friday didn’t pursue either option before he killed the eagle, which carries a maximum penalty of one year in jail and a $100,000 fine.
In 2006, a federal judge dismissed the case. Prosecutors appealed to the US Court of Appeals for the 10th Circuit, which ruled in favor of the government and ordered Friday to stand trial. This year, the US Supreme Court declined to hear his appeal. Federal prosecutors declined to comment on Friday’s case.
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