FRESNO - A federal grand jury returned a four-count indictment on October 18, 2018, against Vance Franklin Myers, 31, of Ahwannee, charging him with three counts of unauthorized excavation and removal of archeological resources, and one count of possession of stolen government property, U.S. Attorney McGregor W. Scott announced.
According to court documents, on July 26, 2015, while fighting a wild fire, fire fighters discovered an excavated site in the Willow Creek area of Box Canyon in the Sierra National Forest. Human remains and artifacts were located among large piles of sifted dirt, hand tools and a large screen sifting box.
According to the criminal complaint filed in this case, archeologists determined that the artifacts indicated long‑term use of the site between 500 A.D. and 1900. The site is believed to have been inhabited by members of the Mono Indian tribe. In August 2015, the archeological site was stabilized, rehabilitated, and the artifacts repatriated after consultation with the involved tribe.
The investigation revealed incidents of illegal excavation and looting in the same archeological site in September 2015 and again in August 2016, requiring a second site rehabilitation and reburial of the artifacts in October 2016. As the investigation progressed, Myers was identified as being involved in the excavation through photographs and statements.
According to the indictment, Myers was found to be in possession of archeological items such as stone tools, arrowheads, and beads, among other things.
“We are extremely proud of the Forest Service’s role in helping to reduce the theft and destruction of Native American remains and artifacts from national forest lands here in California,” said Randy Moore, Regional Forester for the USDA Forest Service Pacific Southwest Region. “Special Agent Michael Grate and the Sierra National Forest are to be commended for their excellent work in bringing this case to justice.”
Myers was arraigned on the indictment October 19, 2018, and entered pleas of not guilty. His next hearing is scheduled for January 28, 2019.
This case is the product of an investigation by the U.S. Forest Service. Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.
If convicted, Myers faces a maximum statutory penalty of two years in prison and a $100,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
