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2 Texas men plead guilty to illegally excavating artifacts from Native American cultural sites

Jeffrey Vance admitted there were human remains inside his home and Dax Wheatley had a photograph of an excavation site taped to his refrigerator, officials said.
Credit: Department of Justice

Two Texas men pleaded guilty to illegally excavating about 1,500 artifacts from federal land, according to acting U.S. Attorney for the Northern District of Texas Prerak Shah.

Jeffrey Vance, 37, of San Marcos, and Dax Wheatley, 32, of Amarillo, pleaded guilty to violating the Archeological Resources Protection Act, a release from Shah's office said.

In March of 2019, the Bureau of Land Management received a tip that an illegal excavation had occurred on a Native American cultural site at the Cross Bar Management Area, just north of Amarillo, Texas, federal officials said in a release Friday.

Local officials determined the illegal excavation happened at a former homestead of the Antelope Creek Culture, at a site known as 41PT109, Shah said. Native Americans lived in the Texas panhandle between approximately 1200 and 1500 A.D.

A Bureau of Land Management agent received a tip that someone, later identified as Vance, had posted photos of the illegal excavation on social media, the release said.

While commenting on the photo, a Facebook user told Vance that the area he was “digging in is federal land and Rangers enforce” there. Vance replied, “I’m not scared of the feds,” according to officials.

Wheatley posted photographs of illegal excavations that he and Vance did at a U.S. Army Corps of Engineers site in Austin, officials said. Vance posted on social media about other dig sites in the Austin area and the San Marcos area.

According to plea papers, a search warrant was executed at the homes of both Vance and Wheatley in November of 2019.

Vance admitted there were human remains inside his residence and Wheatley had a photograph of the excavation site 41PT109 taped to his refrigerator, according to the release from the U.S. Attorney's Office in the Northern District of Texas.

Law enforcement seized Vance’s cell phone and after conducting a forensic analysis learned he had several discussions with people about selling the illegally obtained Native American artifacts and remains, according to the U.S. Attorney's office.

In one text message, Vance said, “Don’t be telling people we are digging on government property!” 

Vance also said he is an “infamous illegal excavator of Native American artifacts in Texas” and that he is “a criminal,” according to federal officials.

In total, federal authorities say they recovered about 1,500 artifacts, including burial beads and petrified wood. Bureau of Land Management will consult with the appropriate tribes to determine cultural affiliation and return of the remains and artifacts.

“Looting from federal lands will always trigger swift enforcement action,” said Shah. “The Justice Department will not stand for the theft of precious cultural artifacts. We are working aggressively to safeguard our nation’s Native American heritage and root out those who violate the law.”

State archaeologists work to preserve many natural and cultural resources, Eric A. Kriley said. He is the director of the Bureau of Land Management's Office of Law Enforcement and Security.

“I hope the sentences in this case will deter others from illegally collecting and trading in Native American cultural artifacts and other items protected by the Archeological Resources Protection Act of 1979 and the Native American Graves Protection and Repatriation Act," Kriley said.

Each defendant faces up to 2 years in federal prison and restitution for their crimes.

The Bureau of Land Management, FBI Evidence Recovery Team, National Parks Service, Texas Parks and Wildlife, U.S. Army Corps of Engineers, and Homeland Security Investigations conducted the investigation.  Assistant U.S. Attorney Anna Marie Bell is prosecuting the case.

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