Bismarck, ND – Red Fawn Fallis, a political prisoner arrested during the movement to stop the Dakota Access Pipeline, was sentenced today in federal court by Judge Daniel Hovland. Fallis was sentenced to 57 months (4.75 years) in federal prison. She will receive a credit of 18 months ‘time served’ taken off of her sentence, from time spent in North Dakota jails before trial proceedings began. Fallis is expected to serve a total of 39 months in prison followed by 3 years probation.
In January 2018, Fallis entered a non-cooperating plea agreement in which prosecutors agreed to seek a sentence of less than seven years. In exchange, she pleaded guilty to charges of ‘Civil Disorder’ and ‘Possession of a Firearm and Ammunition by a Convicted Felon.’
Red Fawn and her supporters had previously maintained her innocence, and had stated that Fallis accepted the plea deal under the assumption that she would not receive a fair trial due to prosecutors withholding evidence.
Judge Hovland had forbidden Fallis’ defense team from mentioning treaty rights or other issues related to her arrest at anti-pipeline protests near the Standing Rock Sioux Tribe’s reservation border.
The case against Red Fawn had centered around allegations she fired a gun during her arrest on October 27, 2016, when a massive police and military raid seized indigenous treaty lands on behalf of the Dakota Access Pipeline. The gun allegedly fired by Fallis was later revealed to have belonged to Heath Harmon, an undercover FBI informant who was romantically involved with Red Fawn at the time of her arrest.
Before she was sentenced by Judge Hovland, Red Fawn Fallis told the court,
“No matter where I go from here I am going to continue going forward…I wanted to move forward in a positive way away from Heath Harmon and the things he tried to put on me while I was trying to push him away.” – Red Fawn Fallis
In May, Michael “Little Feather” Giron was sentenced to 36 months in federal prison for actions taken to defend pipeline resistance camps from police assault. Several other water protectors still face federal charges, with potential sentences of decades in prison, stemming from their participation in the resistance to the Dakota Access Pipeline.