The Douglas County, Ore., Oct. 02, 2004
By Daniel Witter/Appeal-Democrat

The Douglas County, Ore., District Attorney's office won't pursue a weapons charge against a Yuba City Sikh truck driver stopped along Interstate 5 on Sept. 1, according to an attorney familiar with the case.

Amardeep Singh, an attorney with the Sikh Coalition who represented Gurpal Singh Gill, said efforts to educate the court and the district attorney's office about Sikhism paid off.

"It was really a combined effort," said Singh, who pointed out that the Sikh Coalition, the American Civil Liberties Union and the U.S. Department of Justice helped resolve the case with the district attorney's office.

Gill was cited last month by an officer along Interstate 5 near Roseburg, Ore., for carrying a concealed weapon for the religious knife he wore at his side. The officer confiscated the knife, called a Kirpan, a religious symbol for Sikhs that protected by the constitution.

The decision was welcome by Gill.

"Our goal was to resolve this to the best interest of everybody," said Dr. Jasbir Kang, who translated for Gill. "We got a lot of support from the community."

Gill received letters of support from other churches and he thanked them for their encouragement.

The Kirpan is one of five articles of faith for Sikhs, which also includes a comb, a bracelet, uncut hair covered by a turban and special undergarments.

Sikhism recently celebrated the 400th anniversary of the Sikh scriptures, which have their foundations in Punjab or northern India.

J.P. Singh, a consultant who works with the U.S. Department of Justice to educate law enforcement officers about Sikhism, confirmed the case is not being pursued against Gill.

Both Singhs said Gill should get his knife back, but they don't know when or how that will occur.

Several calls to the Douglas County District Attorney's office were not returned.

Although the state police are conducting an investigation into the Sept. 1 incident, it is not proceeding as well as they had hoped, said Singh.

The state police and Gill offer differing accounts of what happened. Gill said he was obeying the traffic laws during his trip to Tacoma, Wash., with produce on Interstate 5 when he was pulled over.

The officer came to his cab, told him to open the door, then drew his weapon on Gill and ordered him out.

Gill said he climbed out of the truck and raised his hands, then got down on his knees as ordered by the officer. Gill claims the officer cuffed him, then abused him by shoving his knees into his head and back while he was on the ground. Gill suffered abrasions and scrapes and pain in his back.

Gill said the officer told him police watch out for Sikhs and Pakistani truckers who are using the highway, which is racial profiling and illegal.

Gill was placed in the patrol car as other officers searched the vehicle and viewed a recording of the incident. Gill was eventually released, but not before his Kirpan was taken from him.

Lt. Kurt Barthel of the Oregon State Police offered a different version of events, however. He said the officer spotted Gill pouring out water onto the highway as he drove. The officer followed the truck for miles before he pulled it over. When he approached the cab and ordered Gill to open the door, he spotted the knife, Barthel said.

The officer ordered Gill not to reach for the Kirpan, but alleged that Gill ignored the command, and that is when the officer detained him, Barthel said.

The officer also claims there was no license plate present on the truck, a claim that Gill vehemently denies. Gill also said he never dumped out water and said his truck was confused with another. He also said he never reached for his knife.

According to Amardeep Singh, the police are conducting an investigation, but are already drawing conclusions about the incident without speaking with the officer involved.

"That's a problem," he said. "Right now, we're not happy with the investigation."

Incidents of Sikhs having their Kirpan taken have occurred recently.

The Sikh Coalition has helped 16 Sikhs who faced weapons charges against them in the last several years dropped, according to Singh.