SACRAMENTO, California — It's been more than two decades without any answers. A prominent figure in the Miwok Tribe and Sacramento Native American Caucus, killed in his home in 2001. Now, his family is calling for justice after the Attorney General has agreed to review the case.
"He was one of those that wasn't afraid to be Indian in a time when you should have been afraid to be Indian," said Matthew Franklin.
As members of the Miwok Tribe, Franklin said his uncle, Allan Olvera, was always advocating for the Native American people. But in October 2001, Olvera was found beaten to death in his South Sacramento home. No one was ever charged in his death.
"It changed our family. It changed our history. It changed everything about who we are," Franklin said.
For years, he and his family waited for justice, but it never came. Earlier this year, the Sacramento County District Attorney's Office decided not to pursue the case. Chief Deputy District Attorney Scott Triplett told ABC10, even though there is DNA and fingerprints, there is insufficient evidence to prove the case beyond a reasonable doubt.
"You give a jury DNA and fingerprints of the suspect at the scene of the crime. Why are you taking that out of their hands to decide whether or not this is prosecutable?" said Franklin.
Disappointed, the family reached out the the state Attorney General's Office for help. The family's request has been answered, and the attorney general's office sent the family a letter saying they will review the DA's decision to not take the case.
"Will that finally shake loose to make you arrest somebody? We hope so. We hope so," said Franklin.
Sacramento Chief Deputy DA Triplett said he recognizes the AG has the authority to review all criminal cases, but stands by the decision to not file any charges.
"The fact is, you didn't even try. If the DA is elected to try and prosecute cases, why are there handpicking cases?" said Franklin.
A spokesperson for the AG's Office would only tell ABC10 it is reviewing the case, but is unable to make any additional comments. For now, Franklin said he's going to keep fighting for justice for his uncle, but also his community.
"Make sure that his life and legacy live on through scholarships, through songs, through cultural preservation," said Franklin.
A spokesperson for the Sacramento County Sheriff's Office would only confirm to ABC10 that the case is still active and they are actively working on it. Additional information could not be provided without compromising the case.
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