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Date: 07-18-2018

Case Style:

United States of America v. Redfawn Fallis

District of North Dakota Federal Courthouse - Bismarck, North Dakota

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Case Number: 1:17-cr-00016-DLH

Judge: David L. Hovland

Court: United States District Court for the District of North Dakota (Burleigh County)

Plaintiff's Attorney: David Hagler and Gary Delorme

Defendant's Attorney: Molly Armour, Jessie Cook and Bruce Ellison

Description: Bismarck, ND - Colorado Woman Sentenced for Civil Disorder During the Dakota Access Pipeline (DAPL) Project Protest

On July 11, 2018, Chief United States District Judge Daniel L. Hovland sentenced Redfawn Fallis, age 39, of Colorado, on charges of Civil Disorder and Possession of a Firearm and Ammunition by a Convicted Felon during the DAPL protest in October 2016. Judge Hovland sentenced Fallis to serve 4 years and 9 months in federal prison, to be followed by 3 years of supervised release, and was further ordered to pay a $200.00 special assessment.

On October 27, 2016, law enforcement officers began an effort to remove individuals protesting the DAPL project at a location where protesters had erected an illegal roadblock on Highway 1806, south of Mandan, ND, and who were criminally trespassing on private property. Law enforcement officers gave advisements over a loudspeaker system asking people to voluntarily leave the roadway and to travel back to the established protest camps. Law enforcement officers assisting with moving protesters identified Red Fawn Fallis as an instigator who was acting disorderly. Fallis was wearing a gas mask, screaming at officers and failing to move back when ordered to do so. Officers approached Fallis and during a struggle, took her to the ground and attempted to handcuff her. Fallis resisted officers as they tried to gain control of her hands; however, Fallis kept her left arm tucked under her body. One of the officers briefly stopped pulling on Fallis’ left arm, which he was attempting to release from under her body in order to make it easier for another officer to place her right hand into a flex handcuff. As the officer released Fallis’ left arm, Fallis fired three gunshots in a quick succession. The officer saw a revolver underneath Fallis’ stomach as she turned slightly on her left side. He yelled “gun” and grabbed onto it as she brought it back underneath her stomach. The officer struggled with Fallis for control of the firearm, and was eventually able to gain control of the weapon. The firearm was a Ruger .38 Special revolver. A search of her person resulted in the recovery of multiple rounds of .38 caliber ammunition in her jacket pocket.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE); North Dakota Highway Patrol; Pennington County Sheriff’s Department, Rapid City, SD; and the Morton County Sheriff’s Office.

Outcome: Defendant was sentenced to serve 4 years and 9 months in federal prison, to be followed by 3 years of supervised release, and was further ordered to pay a $200.00 special assessment.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: Don't spit on Superman's cape in North Dakota.



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