Tex McDonald sentenced in Chukchansi casino takeover, will be released Friday

Tex McDonald, former Chukchansi tribal chairman, was sentenced Thursday morning in Madera County Superior Court and will be released from jail Friday.

In a plea agreement, McDonald was sentenced to 485 days in prison after pleading guilty to false imprisonment stemming from the Oct. 9 armed takeover of the Chukchansi Gold Resort & Casino office in Coarsegold. The casino and hotel have remained closed since the confrontation between tribal factions.

McDonald served 242 days in jail and received credit for time served, leading to Friday’s release.

McDonald, 65, who has two felony strikes under the state’s three-strikes law, risked spending the rest of his life in prison if convicted of a third felony. His last felony conviction was in 1994.

Superior Court Judge Dale Blea said McDonald, who worked 12 years as a substance abuse counselor before getting involved in tribal politics of the Picayune Rancheria of Chukchansi Indians, had turned his life to helping people.

The judge said the three strikes law was not intended for people who had made positive strides in changing their lives.

“Mr. McDonald has served the Native American community for many years as a certified substance abuse counselor,” Blea said.

While saying the crime McDonald committed was significant, Blea also recognized the political backdrop for why it occurred.

“In sum, it appears to the court that the Three Strikes Law was not intended to enhance sentencing to individuals who turned their focus from criminality to serving the community and serving persons with controlled substance addictions,” the judge said.

In supporting the plea agreement, Blea said he was not making a determination about whether McDonald, as tribal chairman, had the legal authority to take the action that led to his arrest. In police reports, McDonald said he believed he had the authority as tribal chairman, but later said he wasn’t sure if he had it.

On Oct. 9, armed tribal members and tribal police representing the McDonald faction entered the Chukchansi Gold Resort & Casino in search of missing documents to complete late audits, and holed up in the tribal gaming commission office. They claimed information about the late audits were in the gaming office controlled by the faction under the leadership of Reggie Lewis and Nancy Ayala.

The documents were needed to comply with a letter from National Indian Gaming Commission the previous week, which threatened to close the casino if the audits were not delivered by Oct. 27.

As McDonald’s group arrived at the casino, they squared off with security guards working for the rival faction. The incident resulted in a casino closure order the following day by U.S. District Judge Lawrence J. O’Neill. It is still closed and requires approval from the national gaming commission and state attorney general to reopen.

After the hearing, McDonald’s girlfriend, Jeanette Sample, said she was relieved.

“This is a beautiful day,” she said. “It’s just overwhelming.…I’m just so excited for him.”

Sample said she saw him Wednesday at the Madera County jail. She said he was focused on Thursday’s hearing, hoping the judge would back the plea agreement.

“He was in good spirits,” she said. “We had a very good conversation.”

Preliminary hearings have been set for Ronald Jones, James Glasscock, John Cayanne and Chukchansi tribal council member Vernon King. The four will appear before Blea beginning Nov. 16.

Most of the 15 accused in the casino-hotel takeover either pleaded guilty or had charges dismissed.

King and McDonald were the only tribal members involved in the incident. Many of the others lived either out of county or out of state.

This story was originally published July 2, 2015 at 9:52 AM with the headline "Tex McDonald sentenced in Chukchansi casino takeover, will be released Friday."