Murder Conviction in Indian Rights Trial

Feb. 22 -- In a case that pitted tribal sovereignty against the U.S. justice system, an American Indian today was convicted of second-degree murder in the drowning deaths of his two sons.

Florida prosecutors argued that 32-year-old Miccosukee Indian Kirk Douglas Billie deliberately drowned their two sons in an act of vengeance against his estranged girlfriend, driving her SUV with the boys inside into a canal just off the South Florida reservation.

The defense countered that Billie, who was allegedly prone to drunken acts of violence, simply couldn't stand to see his sons Kurt, 5, and Keith, 3, constantly left alone while their mother went out cruising for men, and that he had no idea the boys were asleep in the Chevrolet Tahoe.

American Indians across the country closely watched the trial, not just out of concern for one man's fate, but because of the implications the case could have for them. The court battle and the jury's decision could have far-reaching consequences for American Indians' on-going battle to defend their tribal sovereignty rights — guaranteed in treaties with the federal government — but, Indian rights supporters say, too often challenged by states and private companies.

The 600-member Miccosukee (pronounced mih-kuh-SOO-kee) tribe said it has already settled accounts with Billie, who apologized for the boys' deaths, and shook hands with tribal leaders. For the Miccosukees the tragedy was an internal matter between tribal members that had already been resolved, and they asked prosecutors to leave it at that. But Florida prosecutors and jurors saw it differently, convicting Billie after approximately a full day of deliberations. Billie was charged with first-degree murder, for which he could have faced the death penalty. Convicted of second-degree murder, he could now face life in prison.

Spoiling for a Fight

State prosecutors said Billie, who has been held without bail since June 1997, knew the boys were in the car and wanted to punish their mother, not only by ruining her car, but by killing their children.