Date: 08-07-2016

Case Style: United States of America v. David James Ioli

Case Number: CR-16-336-TUC-CKJ(DTF)

Judge: D. Thomas Ferraro

Court: United States District Court for the District of New Mexico (Maricopa County)

Plaintiff's Attorney: Brian R. Decker

Defendant's Attorney: Jay Aaron Marble

Description: Tucson, AZ - Bowie Man Sentenced for Illegally Removing Artifacts from Prehistoric Native American Site

David James Ioli, 69, of Bowie, Ariz., was sentenced today by U.S. Magistrate Judge D. Thomas Ferraro to five years of probation and ordered to pay over $8,000 to the Bureau of Land Management after previously pleading guilty to unlawfully removing ancient Native American artifacts from an archaeological site on public land.

On multiple occasions in April and May 2012, Ioli visited the Nine Mile Archaeological Site, which is owned and managed by the BLM, near Bowie. Archaeologists date the site to the late Mogollon to early Salado period, which would make it between a thousand and eight hundred years old. During his visits, Ioli excavated and removed numerous artifacts, including pottery, arrowheads, and grinding stones known as manos and metates. Judge Ferraro ordered the repayment of $8,707 to compensate the BLM for both the restoration and repair of the site and the loss of scientific knowledge caused by the removal of the artifacts from their archaeological context. As an additional condition of probation, Ioli is not permitted to enter lands owned by the BLM, the National Park Service, or the U.S. Fish and Wildlife Service. Ioli was also required to turn over to the BLM all the artifacts he took and all the tools he used to remove them.

The investigation was conducted by the Bureau of Land Management.

16 U.S.C.
United States Code, 2011 Edition
Title 16 - CONSERVATION
CHAPTER 1A - HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER II - NATIONAL HISTORIC PRESERVATION
Part A - Programs
Sec. 470f - Effect of Federal undertakings upon property listed in National Register; comment by Advisory Council on Historic Preservation

16 U.S.C. 470f. Effect of Federal undertakings upon property listed in National Register; comment by Advisory Council on Historic Preservation

The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under part B of this subchapter a reasonable opportunity to comment with regard to such undertaking.

Outcome: Defendant was sentenced to five years probation and ordered to pay $8,000 to the Bureau of Land Management.

Plaintiff's Experts:

Defendant's Experts:

Comments: