Red Fawn Fallis Sentenced to 57 months in Federal prison

Red Fawn Fallis

Red Fawn Fallis has been sentenced for her role in a shooting incident during the Dakota Access pipeline protests.

According to media reports, Fallis, 39, was sentenced Wednesday to four years and nine months in federal prison.

Fallis, a member of the Oglala Sioux tribe, was accused of firing a handgun three times while resisting arrest on Oct. 27, 2016. No one was hurt.

She pleaded guilty Jan. 22 to civil disorder and illegal possession of a gun by a convicted felon. Prosecutors agreed to drop another weapons charge.

Prosecutors were recommending seven years in prison, though U.S. District Judge Daniel Hovland could have gone as high as 15 years.

Fallis did not get credit for time served in a halfway house after she was arrested in January for violating her pretrial release agreement. Judge Hovland says he is recommending placement in Phoenix or Tucson, Ariz.

Fallis is also sentenced to three years of supervised probation after her release; including special conditions of drug and alcohol treatment and treatment for mental health issues.

The sentence can be appealed within 14 days of the judgement being signed.

Fallis’s arrest was one of 761 that authorities made during the height of the Dakota Access pipeline protests near Standing Rock, North Dakota in 2016 and 2017.

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Red Fawn Fallis Back in Custody on Pretrial Release Violation

Red Fawn Fallis stands outside the Federal Courthouse in Bismarck, N.D.

Pipeline protester accused in shooting arrested by US Marshals Service 

Red Fawn Fallis was arrested by US Marshals in Fargo Thursday for violating conditions of her pretrial release.

Fallis was charged for allegedly firing a handgun three times during her arrest at a Dakota Access Pipeline protest in October 2016. No one was injured.

U.S. District Judge Daniel Hovland agreed in June to allow Fallis to move from jail to a halfway house over the objections of prosecutors. She was moved in October.

The High Plains Fugitive Task Force said a federal warrant was issued before Fallis was arrested without incident at a halfway house in Fargo around 5 p.m on Jan 18.

She was supposed to attend GED courses at the Adult Learning Center in Fargo Thursday morning, but never showed up, according to a petition filed by Fallis’ pretrial Services officer. She was also allegedly half an hour late returning to the halfway house.

Fallis was arrested after she returned and taken to the Cass County Jail, where she’ll remain in custody of the U.S. Marshals Service until further order by the court.

It was reported Wednesday that Fallis reached a plea deal for her DAPL related charges.

She is scheduled to appear in Bismarck’s federal court Monday to plead guilty to civil disorder and gun possession to avoid trial.

Attorneys for Fallis said the decision was based on anti-protester sentiment in the area and unsuccessful attempts to have a judge order the prosecution to turn over more information, including details about an FBI informant Fallis alleges seduced her and owned the gun.

Her arrest Thursday won’t affect the hearing, but it could result in her being sent back to jail as the case proceeds.

Fallis was among 761 pipeline opponents arrested by authorities between August 2016 and February 2017 during protests led by the Standing Rock Sioux tribe in North Dakota.

Some Upset at Plan to Drop Lawyers in Pipeline Protest Cases


A proposal by North Dakota judges who say out-of-state lawyers are no longer needed to represent Dakota Access pipeline protesters has drawn hundreds of complaints.

Judges from the state’s South Central District, who have been handling the protest cases, say the legal provisions are no longer justified because no new cases have been filed, the Bismarck Tribune reported.

A majority of the more than 500 comments to state court officials are against the move, with many saying there’s still too much unfinished business for appointed attorneys to handle. The waiver has allowed out-of-state attorneys to represent clients as long as they sponsored by a North Dakota lawyer.

“To discontinue the special provisions at this juncture would do a great disservice to justice as it would undoubtedly result in disruption of legal representation in active cases and higher rates of unrepresented individuals,” Spirit Lake Tribal Chairwoman Myra Pearson wrote in her objection.

One comment supporting the judges’ proposal came from North Dakota Commission on Legal Counsel for Indigents, which handled 435 pipeline protest cases.

“The DAPL case assignments added significant work volume and contributed to a record-breaking year,” wrote H. Jean Delaney, the commission’s executive director. “However, the protests appear to have concluded, and there haven’t been any additional assignments since July.”

The comment period on the proposal ended Monday. Supreme Court Clerk Penny Miller says she expects the court to take up the matter within the next couple of weeks.

About 830 criminal cases were filed in connection to the DAPL protests. More than 400 have closed, most of them with dismissed charges.

Associated Press

[SOURCE]

Canadian Indigenous Activist in North Dakota Court to face Standing Rock Charges

Kanahus Manuel is in a North Dakota court today to face charges after she participated in the Standing Rock protests last year. (Carrie Cervantes)

Kanahus Manuel was arrested near the construction of the North Dakota Access Pipeline Oct. 22

A Secwepemc activist from B.C. is in a North Dakota court today to face charges stemming from her involvement with protests in Standing Rock.

Kanahus Manuel was among dozens of people arrested near the construction of the North Dakota Access Pipeline last Oct. 22.

She faces charges of criminal trespass, engaging in a riot, obstruction of a governmental function, disobedience of a public safety order during riot conditions and disorderly conduct.

“They’re bogus charges. It wasn’t a riot,” Manuel told CBC via telephone after travelling to Mandan, ND from B.C.

“On the day I was arrested, it was during a prayer walk away from the pipeline.”

The sun was rising as the police began to make arrests, she said.

“It was really violent,” she said. “We had elders, women and pregnant women. It was a peaceful march, we were singing.

“The police started to mobilize…they came over the hill like a war movie. They looked like war machines to us as civilians having not ever seen these machines before. We started to retreat because they were overpowering us.”

Manuel spent the day and night in jail and was released the next day. Two weeks later, she plead not guilty to the charges against her.

“I believe that these are major human and Indigenous rights violations. Because when native people stand up to say ‘no’ to these development projects, whether it’s in Canada with the Kinder Morgan project or here with the North Dakota Access Pipeline, if we are really following international standards of the United Nations Declaration on the Rights of Indigenous People then these corporations and governments need the collective free, prior and informed consent of the Indigenous People, and they don’t have it. Indigenous People have said no.”

Facing charges

This isn’t the first time Manuel has faced criminal charges related to defending Indigenous rights.

In 2002 she was sentenced to three months in the Burnaby Women’s Institute for protesting the construction of the Sun Peaks Resort in her home territory, citing threats to traditional hunting grounds.

Manuel has also protested on the front lines against well-known development projects in B.C. like the Kinder Morgan pipeline expansion and the Mount Polley tailings spill disaster by Imperial Metals.

Manuel said she’s headed to the courthouse with a fearless attitude, carrying the prayers of her supporters and holding onto her faith in traditional ceremonies to help get her through.

“I’m going in with no fear. I’m not scared to speak the truth.”

She stressed she’s not alone, and hundreds more are going through similar struggles since the events at Standing Rock.

“There’s a lot of arrest warrants out, people on the run. It’s wrong — these are young people that are protecting their land and culture. Standing Rock wasn’t just about stopping a pipeline, it was about building a massive convergence of native people to bring back our culture and to stand up together.”

By Brandi Morin, CBC News Posted: Oct 03, 2017

[SOURCE]

 

North Dakota’s Bill for Policing Pipeline Protest now at $39 Million

(Photo by Angus Mordant/Groundtruth)

North Dakota’s bill for policing protests of the Dakota Access pipeline continues to rise.

The North Dakota Emergency Commission is set to borrow an additional $5 million Monday to cover law enforcement costs. That will bring the total line of credit from the state-owned bank of North Dakota to $39 million.

State Emergency Services spokeswoman Cecily Fong says 11 states provided law enforcement help to North Dakota, and some bills are only now arriving.

The $3.8 billion pipeline built by Texas-based Energy Transfer Partners began moving oil from North Dakota to a distribution point in Illinois in June, after months of protests.

The Emergency Commission also is set to approve a $10 million federal grant to help pay state law enforcement bills related to the protests.

The Associated Press

[SOURCE]

FBI Raid Home of Women Who Claimed Responsibility for DAPL Sabotage


By Black Powder | RPM Staff

Friday morning federal agents raided a Des Moines Catholic Worker House where two women who’ve claimed responsibility for vandalizing the Dakota Access Pipeline were staying.

Last month, during a press conference outside the Iowa Utilities Board headquarters, Catholic workers and activists, Jessica Reznicek, 36 and Ruby Montoya, 27, revealed they secretly carried out multiple acts of sabotage including burning millions of dollars in construction equipment at pipeline locations across Iowa and other states. The two were then arrested for damaging a sign outside the Iowa Utilities Board building.

“Using tires and gasoline-soaked rags we burned multiple valve sites, their electrical units, as well as heavy equipment located on DAPL easements throughout Iowa,” said Montoya.

A burned hole was discovered at a valve site in Iowa.

The Des Moines Register reports, about 30 law enforcement personnel, led by agents armed with guns who identified themselves as being from the Federal Bureau of Investigation, entered the catholic workers house just north of downtown Des Moines shortly after 6 a.m.

The agents left about 10:30 a.m. with boxes and sealed bags of property they had seized. There were no arrests or injuries during the raid.

Jessica Reznicek and Ruby Montoya

Reznicek and Montoya were at the house on Friday.

According to KIWARadio.com, Alex Cohen, part of the “Mississippi Stand” group that sought to halt the pipeline’s extension from southeast Iowa across the river into Illinois, said the women told him that they were kept on the front porch of the house as the agents conducted the search inside.

Cohen says the women consider some of the materials seized during the raids to be protected by the attorney-client privilege and, now that it’s in the hands of federal authorities, it will hurt the chances at a fair trial.

Both women, who remain free on bond, say they were fighting a “private corporation” and “never threatened human life nor personal property” with their actions.

In the past, Reznicek has been arrested multiple times in various protests.

Montoya was most recently charged in a protest over a pipeline in Tennessee.

RELATED:

In 2014, the Standing Rock Sioux Tribe began opposing the construction of the Dakota Access Pipeline developed by Dallas-based Energy Transfer Partners. Months of demonstrations by thousands of opponents sought to halt construction of the four-state pipeline from North Dakota, through South Dakota and Iowa to Illinois.

Judge Grants Release to Halfway House for Red Fawn Fallis

Bismarck Tribune, June 22, 2017

A federal judge has given Red Fawn Fallis permission to move from a jail in Rugby to a halfway house.

U.S. District Judge Daniel Hovland ordered on Tuesday that Fallis be released as soon as space is available at Centre Inc. in Fargo. Hovland had previously denied a similar request for Fallis, who is accused of shooting at police officers during a Dakota Access Pipeline protest on Oct. 27.

In his order, Hovland cited Fallis’ successful completion of a furlough to attend a memorial service in Colorado for her mother and the need for easier communication with her attorney, Bruce Ellison, of Rapid City, S.D.

U.S. Attorney David Hagler had opposed the request, saying she remained a danger to the community and a flight risk.

Fallis’ trial, which was scheduled for July 17, has been postponed to Dec. 5. Ellison asked for the continuance due to the amount of evidence and legal issues in the case. The government did not oppose this request.

Ellison has also requested to move the jury trial out of Bismarck to another jurisdiction. Ellison cited “the massive, pervasive and prejudicial pre-trial publicity that has attended the pipeline protests and, specifically, her arrest and prosecution.”

The government and judge have not yet responded to his request.

[SOURCE]

Judge Asks Army Corps to Revisit Environmental Analysis of Dakota Access Pipeline

Protesters march along the pipeline route during a protest against the Dakota Access pipeline near the Standing Rock Sioux reservation in St. Anthony, N.D., on Monday. (Stephanie Keith/Reuters)

  • Staff | Reuters – Wed Jun 14, 2017

A federal judge on Wednesday said the U.S. Army Corps of Engineers did not fully weigh the impacts of the Dakota Access pipeline and ordered it to reconsider sections of its environmental analysis.

U.S. District Judge James Boasberg in Washington said that while the Army Corps substantially complied with the National Environmental Policy Act, it did not adequately consider the impacts of a possible oil spill on the fishing and hunting rights of the Standing Rock Sioux tribe. The tribe had sued the Army Corps over its approval of the controversial Dakota Access Pipeline in North Dakota.

“To remedy those violations, the Corps will have to reconsider those sections of its environmental analysis upon remand by the Court,” the judge said in a court order.

Operations of Energy Transfer Partners LP’s pipeline have not been suspended but will be considered later, the order said.

(Reporting By Valerie Volcovici; Editing by Jonathan Oatis)

[SOURCE]

Enbridge Re-Examined Stake in Bakken Pipeline after Dakota Access Protests

Enbridge president and CEO Al Monaco attends the company’s annual general meeting in Toronto in this 2015 file photo. (Chris Young/THE CANADIAN PRESS)

The Globe and Mail | May 11, 2017

The intense images of clashes between protesters and U.S. law enforcement at the construction site of the Dakota Access pipeline south of the border last year made Canada’s Enbridge Inc. reconsider its minority stake in the controversial project.

Chief executive Al Monaco revealed Thursday that he, the rest of the executive team, the board and other units of the Calgary-based pipeline company spent weeks re-examining their already-stated plan to acquire a 27.6-per-cent interest in the Bakken pipeline system – which includes the Dakota Access pipeline.

“It was hard to miss what was going on out there. And we were very concerned about it,” Mr. Monaco told reporters following his company’s annual general meeting.

“Frankly we spent a lot of time pondering this issue, given the circumstances,” he said. “We considered all kinds of alternatives, just like we do with any investment. This one had, certainly, a heightened degree of concern given what was going on.”

Mr. Monaco and other North American energy executives have argued that pipelines are now the “point of attack” for environmental opposition to new oil and natural gas projects. In early January, it became apparent that Enbridge had delayed its plan to acquire an interest in the Bakken properties for $1.5-billion.

What’s now clear is Enbridge’s unease was spurred by protests, and confrontations between U.S. law enforcement and opponents, at the Missouri River in Standing Rock, N.D. Construction was allowed to continue only after the project received a required easement from the U.S. Army Corps of Engineers – the federal agency tasked with issuing permits for water crossings for such pipeline projects – under orders from U.S. President Donald Trump.

Enbridge finally decided to continue to move forward with the deal for the near-constructed pipeline after looking at the vetting the project had already received by operator Energy Transfer Partners LLC, including a number of route changes made in response to environmental concerns, Mr. Monaco said. Energy Transfer Partners and the Corps of Engineers “actually did a fair job, a good job, of listening to people,” he said, reiterating a promise to work closely with Indigenous communities affected by projects.

Oil shipments on the Dakota Access pipeline, now partially owned by Enbridge, are set to begin as soon as Sunday.

However, the protests against Dakota Access, and other oil pipelines, haven’t ended. A few dozen protesters gathered outside the Enbridge meeting on Thursday, speaking against both the Dakota Access pipeline and the $7.5-billion Line 3 replacement program, which will see the refurbishment and expansion of pipeline already in the ground.

Enbridge is waiting on draft environmental impact statement from Minnesota on Line 3. And while the project has received approvals in Canada, the Assembly of Manitoba Chiefs has filed a court challenge, citing Canada’s climate change commitments and other concerns about water and the environment.

Lawyer Tara Houska of the U.S. Indigenous environmental group Honor criticized Enbridge proceeding with its Dakota Access investment given the treatment of protesters.

Ms. Houska, who is originally from Minnesota, also said affected Indigenous people are opposed to the Line 3 project “across the board.”

On Thursday, Enbridge reported lower first-quarter earnings due to the timing of its $37-billion Spectra Energy Corp. takeover and warmer weather in Southern Ontario.

First-quarter earnings were $638-million or 54 cents a share, compared with $1.2-billion or $1.38 for the same quarter last year.

The change came as a result of a number of unusual and non-recurring factors, the company said, including the timing of the closing of its Spectra takeover, the impact of warmer-than-normal weather on gas distribution franchises, and transactions undertaken in 2016 to strengthen the balance sheet.

The first-quarter results reflect about one month of the financial contributions from the assets acquired in Enbridge’s takeover of Houston-based Spectra, which closed at the end of February.

The fact that profits from Spectra assets for January and most of February are not included in this year’s first-quarter results had a significant impact, Mr. Monaco said. Those two cold, high-gas volume months typically provide a disproportionate amount of earnings compared to the rest of the year.

But Enbridge says the creation of what is now North America’s largest infrastructure company will generate billions in additional profits this year. Its full-year, post-merger guidance stands at adjusted earnings of as much as $7.6-billion, before interest and taxes. That compares with about $4.7-billion.

“We’re very pleased with how the companies came together. We had a seamless Day-One transition, and integration-wise, we’re on track,” Mr. Monaco said on a conference call.

“When we account for the effects of closing in February, we’re where we expected to be.”

[SOURCE]

Man’s Body Found in Cannonball River was Missing Dakota Access Pipeline Protester

Sheriff IDs body found in river near former Dakota Access Pipeline protest site

Red Power Media Staff | April 10, 2017

Morton County Sheriff’s Department say a body found along the Cannonball River shoreline Sunday was 35-year-old Damjan Nedelkovski of Glendale, Calif.

Nedelkovski was found by a local fisherman around 11:30 a.m. on April 9.

According to the autopsy there was no trauma to the body that would suspect any foul play. The cause of death is still pending, and authorities are unsure how long the body was in the river.

According to Forum News Service, the California man was at the Dakota Access Pipeline protest camps. Nedelkovski, who was known to be at the protest camps, last had contact with family and friends on Oct. 29, 2016.

The Bismarck Tribune reports, the day before, he was stopped for speeding in South Dakota. There, he told police he was headed to the pipeline protest camps.

His stepbrother filed a missing person report with Glendale Police Department on Nov. 16, 2016, according to authorities.

Photo courtesy of Morton County Sheriff’s Department: shoreline where the body was found.

Sheriff officers found a Republic of Macedonia identification card on his person, and Nedelkovski’s family within the United States and Eastern Europe have been contacted.

A vehicle he rented and drove to North Dakota was located and impounded from the Oceti Sakowin camp, when it was cleared on Feb. 23.

To learn more about when Nedelkovski died, police have subpoenaed credit card usage records. They have also contacted police near Minneapolis, where the rental car is located, to see if he left any property in it.

The Morton County Sheriff’s Department is asking anyone with any information about Nedelkovski’s whereabouts between Oct. 29 and April 9 to contact the department at (701) 667-3330.

Story will be updated