Subject: Seeking Justice for Mika Westwolf
Dear Senator Steve Daines & Senator Jon Tester
I hope this email finds you in good health and high spirits. I am writing to bring a distressing matter to your attention and request your support in seeking justice for a possible hate crime that has deeply affected our Indigenous community.
On March 31st 2023, a reprehensible murder took place on U.S. HWY 93 on the Flathead Reservation. Mika J. Westwolf was a 22-year old Indigenous woman killed as she was walking home by a 28-year-old woman driver in the early morning hours. The driver was recorded in the Montana Highway patrol’s fatal crash report as a 28-year-old unnamed woman from Butte with a 2-year old boy and a 4-year-old girl in a Cadillac Escalade. She was not arrested, it is clear from Mika’s parents that there were no brake marks, she did not stop and call 911, she struck and killed Mika and drove off. It is confirmed by Lake County Attorney James Lapotka that on the same day as Mika’s death, a suspect was arrested shortly after the crash on suspicion of a DUI in Lake County. She was released because the county attorney’s office decided there wasn’t “sufficient evidence” to file a DUI charge without a toxicology report by the state crime lab, which the HWY patrol is claiming takes up to 8 weeks. Lapotka confirmed that a woman named Sunny K. White and her Cadillac Escalade is being investigated by Montana Highway Patrol as the suspect car involved in hitting a pedestrian on March 31 near Arlee. However, Laptoka did not confirm that White was the arrested DUI suspect. This is something that the parents of Mika and the community believe are connected.
According to a Missing Endangered Person Advisory from Butte Silver Bow law enforcement on April 7, White broke into a residence in Butte and took her two children, a 4-year-old Aryan and 2-year-old Nation, the Montana Standard reported. The children’s ages and genders and White’s age and gender match the information listed in Mika’s fatal crash report. Reports from tribal community members reached out to the Montana Human Rights Network, who made an online statement that White’s children’s names “clearly indicate her support for white nationalist ideals” and also came across information that lent credibility to claims of Sunny ascribing to extremist, White nationalist ideology. According to the Merriam webster definition of “Aryan” it is used in Nazism to designate a supposed master race of non-Jewish Caucasians usually having Nordic features.
More recently, on May 18th it was reported that White was arrested on separate charges in Butte-Silver Bow District Court with one count of burglary and one count of parenting interference, in connection to the April 7th incident. The affidavit clearly acknowledges that “White was in jail for an incident where someone was killed on a road and she was the driver in the vehicle involved”. It also notes that White told the officer that “charges were dropped due to her blood results being negative”. However, according to prosecutors she “bonded out and the charges were not dropped”. Currently, White is not in custody or facing criminal charges in connection to Mika’s death. Meanwhile the Montana Highway Patrol’s public information officer Jay Nelson confirmed that White is being investigated as a suspect, and that the vehicle involved was located later that day from the crash, and the vehicle involved was located and the driver was interviewed. Nelson also stated how fatal crashes can take several weeks, even months due to factors out of their hands, such as the toxicology report and how it takes 8 weeks, and pending search warrants.
The parents of Mika have expressed their experience with the Montana Highway patrol as “frustrating at best” and that officers have been ”rude and condescending”. There are a lot of questions that they have, rightfully so, about why White is not in custody in connection to Mika’s death.
Furthermore, there is another issue about the Montana Highway Patrol being the lead investigator in this case. Mika was killed on the Flathead Indian reservation, which makes this case a tribal investigation and ultimately a federal one. The primary role of highway patrol agencies is to enforce traffic laws, promote highway safety, and respond to incidents on highways and major roadways. They may assist in cases when it comes to murder investigations, but the responsibility should be the responsibility of the jurisdiction of local law enforcement. In this case, the Flathead tribal police should have held responsibility for this case, and should have gotten the FBI involved because it is a bigger case. According to the Major Crimes Act, enacted in 1885, the federal government is granted jurisdiction over major crimes, such as murder committed by non-Natives against Native Americans within Indian Country. This case needs to be thoroughly examined and investigated by the FBI as a murder investigation and possible hate crime.
Senator, this story has a lot of details as you can imagine, there is a resource list at the end of the letter. I believe this is a case that needs to be fully investigated as a murder, including possible motivation from White, and for prosecutors to pursue hate crime charges if they apply.
I am profoundly disturbed by this act and the repercussions it has had on the sense of safety, well-being, and unity of the indigenous community.
I believe it is essential to address this matter swiftly and effectively to prevent further harm and foster a society that stands against hate. I kindly request your assistance in advocating for the following actions:
1. Thorough Investigation: I implore you to ensure a thorough investigation into this murder and possible hate crime, working closely with local law enforcement agencies. Ensure that the crime labs put an urgency on the toxicology report and pending search warrant. It is crucial that those responsible are held accountable for their actions and that justice is served.
2. FBI Involvement: Please help to get the correct jurisdiction authorities involved in the case, because it was on the Flathead reservation, the tribal police should have been the lead investigators, who ultimately should have contacted the FBI of a murder investigation.
3. Public Awareness: I kindly ask you to use your platform to raise public awareness about the prevalence of hate crimes and the importance of unity and tolerance in our society. By shedding light on this issue, we can work together to create an environment where hate is not tolerated.
4. Internal Affairs investigation: I kindly ask that you ensure a thorough investigation into the Montana Highway Patrol and why they decided to use their limited resources for this case that was on the Flathead reservation, and a possible murder and hate crime. Lastly, for how they have been treating Mika’s family who only seek justice for their daughter.
I understand the demands on your time and the multitude of issues you face. Nonetheless, I sincerely hope you can spare a moment to address this matter. Together, we can strive for a society that rejects hate and ensures justice for all.
Thank you for your attention to this pressing issue. I would greatly appreciate any updates or actions taken regarding this matter. Please see the contact page at Mikamatters.com to directly send a message to the family of Mika Westwolf.
Thank you.
Resources
Buchli, Z., & Mabie, N. (2023 May 10). Arlee Family Seeks answers in deadly Highway 93 crash. Missoulian. Retrieved from https://missoulian.com/news/local/arlee-family-seeks-answers-in-deadly-highway-93-crash/article_8a9dd5ec-ef72-11ed-a5db-731c46e84351.html
Buchli, Z., & Mabie, N. (2023 May 18). Arlee fatal suspect arraigned in Butte on burglary, parental interference charges. Mossoulian. Retrieved from https://missoulian.com/news/local/arlee-fatal-suspect-arraigned-in-butte-on-burglary-parental-interference-charges/article_2fe318fa-f5b3-11ed-b3f5-6b822ec0b366.html?utm_campaign=snd-autopilot&utm_medium=social&utm_source=facebook_Missoulian
MHRN. (2023 April 19). Fatal hit & run incident hear Arlee deserves investigation as hate crime. Retrieved from https://mhrn.org/resources/
MTN News. (2023 April 7). Update: Missing Butte children found safe, missing endangered person advisory canceled. Montana News Leader Billings. Retrieved from https://www.ktvq.com/news/montana-news/missing-endangered-person-advisor-issued-for-butte-children