A member of the Oglala Sioux Tribal Council was one of two Pine Ridge men arrested a week ago in New Mexico in a case involving more than 20 pounds of marijuana.

The two men were in a car stopped at a routine police checkpoint on Interstate 25 in northeastern New Mexico, according to a search-warrant affidavit.

Don Garnier, 38, who represents the Pine Ridge District on the council, was a passenger in a car driven by Anthony Leo Vocu, 42, also of Pine Ridge.

Police found the marijuana in a bag in the trunk of the 1984 Honda Accord.

The two men were held in a county jail in nearby Raton, N.M., for two days, and the Raton Range newspaper reported that the FBI had taken over the case.

However, Norm Cairns, a spokesman for the U.S. Attorney's office in Albuquerque, said no federal charges had been filed as of Wednesday afternoon. Federal prosecutors routinely decline to talk about pending cases.

No state charges had been filed as of Wednesday, either, according to Raton Range editor Todd Wildermuth.

The Rapid City Journal was unable to reach Garnier, but apparently, he has been released. Tribal Councilman Craig Dillon said he saw Garnier in Pine Ridge on Monday.

The tribal council is aware of the incident, Dillon said, and the council's judiciary committee will discuss it at a regular meeting Friday, Sept. 28.

The two men were arrested Sept. 19 at about 11 a.m., four miles south of Springer, N.M.

New Mexico state troopers were checking licenses, registrations and proof of insurance.

Vocu's insurance card had expired in 2003, and a trooper noticed an open bottle of Crown Royal in the car.

The two men gave conflicting stories about their travel, state troopers said, and they seemed nervous. Vocu's hand shook when he handed over his drivers license.

Vocu refused permission to search the car.

When an officer asked Garnier if there was anything illegal in the vehicle, he said, "Not that I know of." But Garnier added he wasn't sure what was in the car. Garnier shook his head "yes" when the officer asked if he "thought it would be a good idea to search the car."

Vocu also told officers there wasn't anything illegal in the car. But before the search, when they asked him if he was responsible for everything in the trunk, he said "everything except an orange bag."

Then, Vocu told the officer the bag held "20 to 25 pounds of marijuana." (It turned out to be 21 pounds 4 ounces.)

Councilman Dillon said Garnier and other tribal officials were in New Mexico on official business, for the opening of a casino.

Contact Bill Harlan at 394-8424 or bill.harlan@rapidcityjournal.com