photo by: Dylan Lysen/Lawrence Journal-World

One of the several panels of the art installation "Native Hosts" by Hock E Aye Vi Edgar Heap of Birds outside of the Spencer Museum of Art on the University of Kansas campus on Dec. 17, 2021. The artwork is KU's Common Work of Art for this year.

The two criminal incidents involving a Native American art exhibit on the University of Kansas campus felt like targeted attacks.

For the Native American community, the vandalism and theft of multiple panels in the “Native Hosts” art exhibit by Hock E Aye Vi Edgar Heap of Birds outside of the Spencer Museum of Art — KU’s Common Work of Art honoring the Indigenous tribes of the land now known as Kansas — was more than just low-level criminal activity.

Despite not being the direct victim of the incidents, KU doctoral student D’Arlyn Bell said, KU’s native community was harmed by the crimes.

“It made us feel targeted as Native Americans,” said Bell, who is a member of the Cherokee Nation. “We are such a small group of people on campus. One offense against a native (person) on campus is an offense to us all.

“We have to be in the community with the people who did this,” she added.

That’s why Bell and other members of the First Nations Student Association at KU have recently asked the Douglas County District Attorney’s Office to include them in the processing of the criminal cases.

Bell told the Journal-World the group sent a letter to the DA’s office on Wednesday formally asking to be able to meet with the perpetrators to make sure they understand how their actions — which may have been racially motivated — have affected the Native American community. They also want the DA’s office to consider a possible punishment as an educational opportunity, such as requiring the offenders to complete some sort of community service for the local Indigenous community.

The requests appear to be in line with the idea of restorative justice, a concept that provides an opportunity for someone who committed a crime to meet with victims and possibly work toward a resolution.

As the Journal-World previously reported, Douglas County is currently considering launching of a restorative justice program with a local nonprofit. That program would use a moderator to conduct the meetings with the offender and the victims, and an offender who completes the program may be able to avoid criminal charges.

Bell said the student group had also met with the DA’s office shortly after the incidents to share their ideas. She said the meeting went well and they found District Attorney Suzanne Valdez to be receptive to their thoughts and concerns.

The DA’s office said in an email that it was grateful for its discussions with FNSA, but declined to comment further for this report.

The group’s experience with the DA’s office is in contrast to what it feels would have happened if they had met with KU officials. Bell said because the university’s policies make student punishment confidential, the Native American community will never know if the university holds the students accountable for their actions.

“Student disciplinary cases are always private, and students are never informed about the outcomes or what happens,” Bell said. “We wanted to work with the criminal justice system because we thought they are going to be a little more receptive to us and maybe a little more transparent.”

Erinn Barcomb-Peterson, a spokeswoman for the university, confirmed on Friday that information regarding any student discipline for students related to the incidents would not be released publicly. However, she did note that the university’s policies state that it may initiate its own proceedings against a student offender who may be subjected to criminal prosecution.

Meanwhile, the formal request to the DA’s office is also meant to show that the native community has not forgotten about the incidents, Bell said. Despite the incidents happening months ago, it’s unclear how long it could take for the cases to make their way through the court.

Additionally, it’s unclear if or when charges will be filed for the original vandalism incident — which resulted in four of the five panels of the exhibit being damaged — that occurred on Sept. 4. KU police said in October that two men were identified by an anonymous tip and the information was provided to the DA’s office for charging consideration.

But months later, it does not appear any charges have been filed.

photo by: KU Police

KU police released this image of suspects in the art vandalism at the Spencer Museum of Art.

The Journal-World has repeatedly asked the DA’s office for public information regarding the alleged cases stemming from the incidents, but spokeswoman Jill Jess has said each time that the DA’s office had no updates to provide on the matter. That was still the case after the FNSA letter was sent to the DA’s office.

In the second incident, two KU students have been formally charged for the theft that happened weeks later. KU Police on Sept. 30 said it had recovered a separate, fifth panel from the art exhibit that had been stolen the day prior.

Samuel C. McKnight and John W. Wichlenski, both 22, were formally charged in Douglas County District Court last month with theft of property of a value of at least $1,500 but less than $25,000, which is a low-level felony. A spokeswoman for the University of Kansas said both men are enrolled at the university.

They are accused of stealing the artwork on or about Sept. 29, according to charging documents provided to the Journal-World. McKnight and Wichlenski are scheduled to appear in court for a preliminary hearing, where evidence will be presented and a judge will consider whether the case can go to trial, on Jan. 28.

But Bell said she and the group are not calling for punitive justice from the university or in court. She said their main concern was to be involved in the process to make sure the offenders understood how their actions, whether intentionally racially motivated or not, affected those from a historically marginalized community.

“We want them to hear how we feel,” Bell said.