Man illegally dug up human remains, artifacts at Native American burial site, feds say
A group of wildland firefighters came across unearthed human remains and artifacts while working in remote terrain in Central California eight years ago, according to court documents. The items were scattered around piles of dirt, hand tools and trash.
What they stumbled upon was a Native American burial site that had been disturbed in Madera County, according to U.S. Forest Service law archaeologists and detectives who arrived to investigate along with Native American tribal members in July 2015, court documents say.
Removing and excavating archaeological resources on public lands without permission is illegal under federal law.
Officials suspected looters had repeatedly been to the site — which archaeologists believe dates back to 500 A.D. and was occupied until the 19th century — so they set up a trail camera to monitor the area, an affidavit says.
The trail camera eventually recorded a man visiting the site, leading to investigators identifying and interviewing him, according to the criminal complaint, which says the man told investigators he had excavated the site and knew doing so was illegal.
“I know what I did is a crime but I really enjoy finding and sifting areas. I really care and respect the culture,” the man told investigators, the affidavit says.
The man, of Oakhurst, is accused of digging up and removing Native American remains and cultural artifacts including beads, arrow points and manos, which were used for grinding corn, and more, according to prosecutors.
The commercial and archaeological value of the site, in addition to the costs needed to repair it, were estimated to be $59,588, the affidavit says.
On Sept. 6, the 35-year-old was sentenced to three years of probation and was ordered to pay $10,023 in restitution for unauthorized excavation and removal of archaeological resources from public lands, the U.S. Attorney’s Office for the Eastern District of California announced in a news release.
During the probation period, he is banned from visiting public lands, including those overseen by the National Park Service, according to the release.
McClatchy News contacted a federal public defender representing the man for comment on Sept. 7 and was awaiting a response.
In a sentencing memorandum submitted on his behalf by defender Reed Grantham, Gratham wrote his client is remorseful for his actions and has taken responsibility for them the moment he was contacted by investigators in November 2016.
“As difficult as it was, he has also had to have important conversations with his family and with his children about what happened here and has educated them about how to better respect the history and traditions of the local Native American tribes,” Gratham wrote in the sentencing memo.
“There may not be a way for (him) to fully remedy his mistake here, but it is hoped that others may learn from this case and further education and discussions can be had to help prevent similar actions in the future,” Grantham added.
As part of the man’s sentencing, he must make a public statement about the unlawful excavation and will perform 100 hours of community service, prosecutors said.
Oakhurst is about 50 miles north of Fresno.
This story was originally published September 8, 2023 at 7:50 AM with the headline "Man illegally dug up human remains, artifacts at Native American burial site, feds say."
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