145 YEARS OF HEADLINES & HISTORY Goldendale, Washington
ASPEN ANDERSON
OPIOIDS IN NATIVE COMMUNITIES: Rep. Debra Lekanoff, D-Bow, addresses a crowd at a press conference in Olympia. With tribal leaders, Lekanoff is pressing for state help to counter the opioid crisis among tribal communities.
Tribal members confront fentanyl crisis ASPEN ANDERSON WASHINGTON STATE JOURNAL Tribal members in Washington State are four times more likely to overdose and die on opioids than the state average, and advocates are pushing for state programs to address the crisis. “A dark undercurrent, threatening the fabric of society, requires us to stand united and say, you’re not alone.” said Rep. Debra Lekanoff, D-40th District. “Tribal wellness centers are at the forefront of Washington healing for over a decade, offering a beacon of hope.” Lekanoff, the sole Native American woman in the Legislature, made the comments at a press conference at the Capitol January 22 with a response plan called “Heal One Washington.” Two task forces and one youth awareness campaign are proposed at a cost of $1.65 million. In 2022, the Lummi Nation declared a fentanyl crisis and brought tribal members together for the inaugural State Tribal Opioid Summit at Lummi. “In our history, from our elders, from our ancestors, we have learned to take care of ourselves to stand up against any threat to our way of life, any threat to our well-being,” said Chairman of Lummi Nation Anthony Hillaire. “This is the most devastating threat we have seen.” Makah Tribal Council Member Nate Tyler observed the impact of addiction on himself, friends, and family. The Makah tribe declared a state of emergency last year, recognizing it as an epidemic. He added tribes in rural locations often have trouble getting access to behavioral health, mental health, and detox programs. Nisqually Tribe Chairman Willie Frank III celebrates a decade of sobriety from opioids. “Fentanyl does not discriminate on race, age, color, whatever you might be,” Frank said. “Local governments and federal governments really can come together to help heal and bring this great state together. “ State tribes are calling on Gov. Jay Inslee to officially recognize the fentanyl epidemic as a crisis. Officials say he is working closely with the Biden Administration on next steps. “The tribes are standing forward and saying we are here to help,” Lekanoff said. “There are 17 to 21 tribal facilities in the state of Washington.” Lekanoff emphasized a comprehensive approach to address the crisis, advocating for prevention through public information campaigns, K-12 education, drug task force initiatives, and substantial investments in
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WEDNESDAY, JANUARY 31, 2024
Vol. 145 No. 5
$1.00
Legal action taken against county in jail death LOU MARZELES EDITOR According to a tort claim notice filed January 18, the Klickitat County Jail acted irresponsibly and with disturbing incompetence in events surrounding the suicide of Ivan Howtopat, a Native American man held in the jail. The notice demands a settlement from the county of $20 million. It was sent to Klickitat County Risk Management by attorney Corinne Sebren of the Galanda Broadman law firm representing the Howtopat family. Ivan Howtopat, a citizen of the Yakama Nation, was 24 at the time of his death in the jail. He hanged himself from an uncovered air vent above the sink in his solitary confinement cell on May 20, 2023. Klickitat County Sheriff Bob Songer and prosecuting attorney David Quesnel said they were unable to comment on the case because it involved potential litigation. (A tort claim notice is a legal filing claiming a breach of duty in care owed to an individual; it is not a lawsuit. If the parties involved do not reach agreement on payment of the demanded settlement or a portion of it, a lawsuit could follow.) The tort claim notice cites seven key factors in asserting its
LOU MARZELES
SEEKING SETTLEMENT: The family of Ivan Howtopat has filed a tort claim notice with Klickitat County demanding $20 million for what it calls irresponsibility and incompetence by county corrections officers in dealing with the incarceration and suicide by Howtopat in the jail. The extended Howtopat family honored Ivan’s memory last summer with a ceremony at the county jail and then gathered here (photo above) on the courthouse steps. claim of irresponsibility and incompetence. It includes reference to the uncovered vent directly above a sink in Howtopat’s cell. “Deputy narrative reports describing the events surrounding Ivan’s death note that the air vent was accessible ‘with ease,’” the tort claim states. “Air vents in walls or ceilings that are easily accessed, uncovered, and do not have releasing grates are well understood within the corrections community to present a suicide risk for solitary confinement inmates.” The notice cites previous law cases in which
this determination was upheld. “Klickitat County knew or should have known that the easily accessible uncovered air vent in the wall of Ivan’s cell presented an unreasonable suicide risk.” The notice also states Howtopat’s cell had sheets that could easily be fashioned into a makeshift noose instead of thicker mattress covers and blankets designed to resist tie-off capabilities. And Howtopat was placed in a cell with a solid door that prevented direct-view safety checks, a practice specifically prohibited by federal law, the notice states.
The problems began with Howtopat’s initial booking into the jail, according to the notice. “Ivan should not have been booked into the Jail without a fit-for-jail examination or medical screening by a licensed and qualified medical provider,” it said. Howtopat’s condition of confusion and lethargy—common signs of opioid use— as well as deputies’ familiarity with Howtopat and his addiction to opioids should have prompted corrections officials to obtain a health assessment. Instead, Howtopat was held in a cell until the
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Proposed county coroner law meets with controversy among local officials RODGER NICHOLS FOR THE SENTINEL It’s going to be an interesting year for the 13 Washington counties with populations below 40,000 people, which includes both Klickitat and Skamania counties. Due to their small size, for more than a century the state has mandated them to assign the duties of a county coroner to the office of the prosecuting attorney. In practice, Klickitat County contracts out the performance of autopsies to qualified medical examiners and has separate independent contractors that serve as deputy coroners, but the administrative duties and the ultimate responsibility belong to the prosecuting attorney. A bill passed by the Washington legislature in 2021 said those counties would have to end the practice by January 2025 and set up a separate county coroner’s office, or contract with another county to investigate deaths. It also requires holders of those offices to have specific credentials, with training updated annually. Coroners are not called in on all deaths but are responsible for investigating all instances of human death by homicide, suicide, accident, injury, hazardous substance, during custody, if unattended by a physician, or if otherwise sudden or suspicious. With the impending change looming a short year away, State Representative Joe Schmick (R-Colfax), has introduced a bill to roll back the stricter training and credentialing requirements, calling them “unfunded mandates.” Schmick, who has served in the house since 2007, said in a story in the Moscow-Pullman Daily News that covering the overhead for office space and personnel expenses would be “quite a burden for some smaller counties.” Critics of the current practice say that allowing prosecuting attorneys to assume the duties of coroners creates a potential conflict of interest, since coroners legally determine how a person
died and whether it was the result of accident or homicide. Though often rural counties complain against unfunded mandates from Olympia, Klickitat County officials expressed their opposition to the bill. Prosecuting Attorney David Quesnel said that the bill “defeats the purpose of the training” and, by exempting counties from the new requirements, opens the door to the possibility of medically untrained coroners. He noted that the expertise of coroners and prosecuting attorneys were widely divergent, and so were their interests. “No one goes to law school to have to pick up pieces of brain at a death scene,” he said.
Sheriff Bob Songer, whose duties interact with both professions, said he believed the office should be elective rather than appointed. “I came from Clark County, which had an elected coroner, and that way the people would have a say-so in who the coroner would be, through the election process.” In effect, that would continue the elective tradition, since prosecuting attorneys currently performing that function are elected to their office. County Commissioner Dan Christopher said, “I am not in favor of removing any training requirements. I’m a huge believer in providing adequate training for every job duty. In this case, if
you don’t require training, there could be huge consequences with potential incorrect cause of death findings.” Asked if he supported an elected or appointed coroner, he replied, “It is my one-third of the board opinion that we should set up an elected coroner who can be held accountable by the voters. Now, how we pay for this particular unfunded mandate, and who should set the elected official’s salaries, are two other questions entirely.” If the county decides on an elected official, Klickitat County will likely have to amend its budget this year to cover the cost of the election and will have to add a
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A SENTINEL PUBLICATION
PERFECT NEW YEAR’S GIFT: The new Klickitat County calendar for 2024 is still available at The Sentinel office, Goldendale Pharmacy, Holcomb’s, and Allyn’s. Price is $8, including tax.