VP's charges dropped, deal for prez in works

The criminal charges against President Ben Shelly for misusing discretionary money have not been dismissed - yet.

His attorney and the special prosecutor are working on a deal to dismiss the charges and pursue reimbursement of the tribe separately.

Shelly announced in a Monday press release that the criminal charges filed against him and Vice President Rex Lee Jim by Special Prosecutor Alan Balaran alleging misuse of discretionary funds were settled.

On Tuesday, the Navajo Times obtained a copy of the settlement agreement approved by Window Rock District Court Judge Carol Perry, which states that the charges against have been dismissed "with prejudice" - meaning they can't be refiled.

The agreement calls for Jim to reimburse the tribe for the discretionary money he allegedly used for personal benefit, an amount of $3,200.

The charges against both men were filed Oct. 20.

But when the Navajo Times contacted the Crownpoint District Court on Tuesday for a copy of the settlement agreement involving Shelly, court staff said an order has not been issued.

The Navajo Times contacted Shelly's attorney, Samuel Pete of Shiprock, who responded with a two-page written statement that confirmed Crownpoint District Court Judge Irene Toledo had not signed off on the settlement.

Shelly pleaded not guilty to criminal charges of theft, fraud and conspiracy involving the alleged misuse of $8,850 in discretionary funds.

Pete said Toledo was concerned that if the charges can't be refiled, the court would not be able to act if Shelly reneges on his part of the agreement. She ordered Pete and Assistant Special Prosecutor Samuel D. Gollis to submit legal arguments by Jan. 27 explaining how the court could enforce a settlement agreement if the charges are dismissed with prejudice.

The settlement agreement involves Shelly repaying the $8,850 through payroll deductions that begin with his first pay period in February and end when the entire $8,850 is repaid, which must be completed no later than Jan. 31, 2015.

Pete said that after talking with Gollis and Balaran, they agreed that Toledo's concerns could be resolved by a motion for dismissal with prejudice that would not include a settlement agreement for repayment of the $8,850.

He explained that the repayment of the $8,850 would be pursued separately in a civil proceeding.

Pete said Balaran filed a motion for dismissal of the charges against Shelly with the Crownpoint District Court on Tuesday.

"We expect the court to rule on the motion soon," Pete said.

The Navajo Times contacted the Crownpoint court to confirm that Balaran had filed a motion for dismissal of charges against Shelly and was transferred to voice message of the court attorney, where a message was left. At print time on Wednesday, it had not been returned.

Balaran also has not responded to phone messages from the Navajo Times.

At Tuesday's inauguration ceremony, Jim said, "My name is cleared. I'm feeling great."

According to the order, the settlement was made out of respect for the Office of the Vice President and the Navajo people, "who deserve a vice president able to perform his duties unhindered by the pending cases."

Jim was not required to admit guilt and the settlement states that he "maintains his complete innocence," "does not admit guilt or criminal liability," and agrees to assist in reforms to govern the future use of the discretionary funds.

The Navajo Nation Supreme Court last week issued a moratorium on all discretionary funds until safeguards are put in place.

Jim also agreed to assist in lobbying the Navajo Nation Council for the enactment of reforms agreed to by Shelly and the special prosecutor.

He will repay the $3,200 he was charged with taking through payroll deductions to begin immediately.

"As an individual person, I believe in due process - that you are innocent until proven guilty," Jim said Tuesday. "And I was willing to do whatever it takes to clear my name."

He noted that he received an enormous number of e-mails, text messages, phone calls and visits from relatives, friends, fans, people who voted for him and people who voted against him. All asked him to clear his name, even if it meant repaying the discretionary funds.

Jim said they told him that repaying the money was the "honorable thing" to do.

"And in the best interest of the nation, I decided to take the advice of my advisor, lawyer and family," he said. "It is with their consent that I decided to settle."

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