
A 1983 photo in the Whidbey News-Times shows then-Oak Harbor Assistant Police Chief Pete Gaalema examining a bone passed to him by Officer Steve Johnson. The bones were believed to have been Native American and were found on SE Pioneer Way.
Under state law RCW 27.44.040, anyone who knowingly removes a cairn or grave of any Native American is guilty of a class "C" felony. And under another section of the same code, RCW 27.44.050, a plaintiff may recover punitive damages upon proof that the violation was willful.
Brian Cladoosby, chairman of the Swinomish Tribal Senate, confirmed this week that the tribe has not opened litigation against the city, despite clear evidence that Oak Harbor officials were aware of a possible burial site adjacent to SE Pioneer Way.
"It's pretty obvious the city ignored (the state's) recommendation to have an archaeologist on site," he said.













