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.

Advertisements

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.

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]

Attempted Murder Charges Against Red Fawn Fallis Dropped, Now Facing Federal Charges

red-fawn

Red Fawn Fallis.

Red Fawn transferred from Morton County to Stutsman County, ND.

By Red Power Media, Staff | Nov 29, 2016 | Updated Dec 3, 2016

Attempted murder charges were dropped in a North Dakota courtroom Monday against Red Fawn Fallis, accused of firing a gun at police during a Dakota Access Pipeline protest.

Fallis, 37, from Denver, who faced 20 years is now facing federal charges instead.

According to The Bismarck Tribune, Fallis was charged in U.S. District Court for the District of North Dakota with possessing a firearm as a convicted felon.

The mandatory maximum sentence if convicted is 10 years in prison.

Either the U.S. attorney will seek a grand jury indictment against her within two weeks, or she will have a preliminary court hearing Dec. 12.

The attempted murder charges filed against Fallis in Morton County were dismissed because of the federal case, according to court records.

The federal complaint alleges that Fallis fired two shots toward officers while being arrested Oct. 27, as law enforcement cleared the northern “front line” camp on N.D. Highway 1806.

According to the complaint, Fallis later told law enforcement she was trying to pull the gun out of her pocket and it went off when deputies jumped her.

Vice News reports, Police allege she resisted arrest by tucking her arms under her body, and in the struggle that ensued, they heard two gunshots ring out, and saw the ground near one officer’s left knee “explode.” Officers say they grabbed a gun from her left hand and handcuffed her.

She did not have the gun in her hand when police took her down, the affidavit states. But they believe she was able to get the gun when the officer let go of her left arm.

None of the officers said they saw her pull the trigger. One officer said in his affidavit that two shots were fired, while another said that three shots were.

On Monday, the U.S. government asked for Fallis to be held in detention, which she did not contest. A date for a bail hearing has not been set.

As Fallis faced the judge, Dakota Access Pipeline Protesters marched around the block of the Morton County Courthouse in Mandan chanting “Free Red Dawn.”

According to the Facebook page Free RedFawn, she has been transferred from Morton County to Stutsman County, ND.

15111082_1245608292176507_8801323352308016119_o

A banner declaring “Free Red Fawn” hangs at a protest camp against the Dakota Access Pipeline at Standing Rock, North Dakota. (Photo: Red Power Media)

Supporters have advocated on Fallis’ behalf since her arrest. Some have also suggested that Fallis was targeted by police. On social media her supporters are using the hashtag #FreeRedFawn. Standing Rock camps have rallied behind her as well. Large painted banners declaring “Free Red Fawn” hang throughout the camp.

Fallis still has open misdemeanor cases in Morton County, including three separate incidents in which she is charged with disorderly conduct, criminal trespass and maintaining a public nuisance in connection with pipeline protests.

If you’d like to learn more about Red Fawn Fallis and her defense please visit: https://www.generosity.com/fundraising/free-red-fawn 

You can also send Red Fawn money via inmatecanteen.com Stutsman County or a message of support via the inmate message line at (701)2512365.

Lastly you can write to her at:
Red Fawn Fallis
Stutsman County Correctional Center
205 6th st. SE, Ste 201
Jamestown, ND 58401

#FreeRedFawn

Family says Red Fawn Fallis, Innocent of Attempted Murder on Police at ND Pipeline Protest

The family of Red Fawn Fallis, the woman arrested during the Dakota Access Pipeline protests demand her release and say she is not guilty of all charges: Mark Boyle Denver7/Facebook

The family of Red Fawn Fallis, the woman arrested during the Dakota Access Pipeline protests demand her release and say she is not guilty of all charges: Mark Boyle Denver7 /Facebook

By Red Power Media, Staff | Nov 07, 2016

Red Fawn Fallis, was arrested along with 140 other protesters on Oct. 27, near the Standing Rocking Sioux reservation in North Dakota. When police closed in during a mass arrest to remove water protectors from private property, Fallis, allegedly pulled out a .38 revolver and fired at officers.

Fallis, a 37yr old, Native American woman from Denver, is being held at the Morton County jail on a $100,000 bond. Police claim she had a concealed gun and fired twice towards two Minnesota police officerswho were working at the Dakota Access pipeline protests.

Fallis, was formally charged with attempted murder of an officer on Oct 31.

The charge, could result in a 20-year prison sentence.

On Monday, her family spoke out for the first time since the incident.

According to the Denver Post, the family of Fallis said she didn’t have a gun and the officers, who considered her an instigator, unjustly targeted her for arrest.

“There is no evidence there was a gun,” said Glenn Morris, a leader in the American Indian Movement of Colorado, during a Monday morning news conference.

According to her arrest affidavit, the deputies were going to arrest Fallis because she was “being an instigator and acting disorderly.”

She struggled and they brought her to the ground. While they were trying to cuff her, two shots were fired. A deputy saw the gun in Fallis’ left hand and wrestled the gun away from her, according to the affidavit.

Fallis, an Oglala Lakota Sioux, is a American Indian Movement member with roots in the organization.

The family has a strong tradition of fighting for the rights of American Indians, Morris said.

Loma Star Cleveland, who is the little sister of Red Fawn Fallis, joins others at press conference, at 4 Winds American Indian Council in Denver, to show support for Red Fawn, a Denver Native American woman arrested during pipeline protest in North Dakota, November 07, 2016. Red Fawn Fallis remains in jail in North Dakota after being arrested.

Loma Star Cleveland, who is the little sister of Red Fawn Fallis, joins others at press conference, at 4 Winds American Indian Council in Denver, to show support for Red Fawn, a Denver Native American woman arrested during pipeline protest in North Dakota, November 07, 2016.

Troy Lynn Yellow Wood, Fallis’ mother, was a member of the American Indian advocacy group AIM since the late 1970s and was at the group’s 1973 occupation of Wounded Knee in South Dakota.

Yellow Wood died a few weeks ago, said Loma Cleveland, Fallis’ younger sister.

Fallis has told her family not to worry because she is innocent, Cleveland said.

According to the Guardian, on Oct 22, when police arrested more than 120 people protesting against the construction of the Dakota Access pipeline, Lauren Howland, was caught in the middle of the violence and chaos, and suffered a broken wrist when, she said, an officer attacked her.

Fallis, known as a mother to many of the youth at the Standing Rock protest, “personally came back into the frontlines and wheeled us all out”, Howland, 21, recalled. “She’s a protector.”

Supporters said she made a point of reminding youth activists to stay “peaceful and prayerful” and never resort to violence. She had a four-wheeler vehicle and often helped rescue protesters who needed medical attention during police confrontations.

Lauren Howland, with broken wrist suffered at the pipeline protest. Photograph: Sam Levin for the Guardian

Lauren Howland, with broken wrist suffered at the pipeline protest. Photograph: Sam Levin for the Guardian

Howland and other youth protesters said they were devastated to find out a week later that local police had arrested Fallis and charged her with attempted murder.

“Red Fawn has continually supported the youth council since its inception and is responsible for personally rescuing many of our members from the front lines after being brutalized by police.” – International Indigenous Youth Council

Fallis has been involved in the fight against the oil pipeline, which would run beneath the Missouri river near the Standing Rock Sioux reservation, since demonstrations began.

Members of the tribe say the pipeline’s construction would trample on sacred lands, destroy artifacts and potentially poison waterways, including the Missouri river and Lake Oahe.

Since an escalating series of recent clashes between law enforcement and water protectors, the Morton County sheriff’s office has held up the charges against Fallis, as an example of what it says is the violent and illegal behavior of Native American protesters.

To some pipeline protesters, who described Fallis as a passionate activist dedicated to peaceful tactics, her detention is the latest sign that North Dakota police are aggressively targeting a growing movement and will go to great lengths to protect a powerful corporation threatening sacred tribal lands.

Red Fawn Fallis. ‘It doesn’t surprise me that they are targeting Red Fawn, because she’s definitely an asset to our community,’ said protester Eryn Wise. Photograph: Courtesy of Eryn Wise

Red Fawn Fallis. Photograph: Courtesy of Eryn Wise

On the same day the Morton County Sheriff’s Department announced the charges against Fallis, officials also stated Kyle Thompson, a contractor with the North Dakota Access pipeline company, would not face charges after being detained with an assault rifle.

Thompson was caught on video holding the rifle during an altercation with demonstrators.

RELATED:

The Morton County Sheriff’s Department said Thompson may have been the victim in the incident and an investigation is ongoing.

Fallis is the first demonstrator to be charged with an offense linked to the use of a firearm. In addition to the attempted murder charge, she is also facing one count of preventing arrest, a count of carrying a concealed weapon and a count of possession of marijuana.

Fallis’ family and supporters say the charges against her are false and she was picked out of a crowd because of her strong personality and opinions about water protection.

“They recognized her leadership as a young, indigenous woman who a lot of younger indigenous people looked to for example in leadership. So that identifies her as a target in their mind, I believe,”- Glenn Morris, AIM Colorado

On social media, many have supported Fallis with the hashtag #FreeRedFawn and some have compared her to Leonard Peltier, a native activist and former member of the American Indian Movement who was convicted of aiding in the killing of two FBI agents in 1975.

Red Fawn Fallis, remains in Morton County jail, as her family asks for support and, ultimately for her release.