A Dakota Access Pipeline protester has been charged with a felony in federal court, and attempted murder charges against her in state court have been dropped.
Red Fawn Fallis, 37, of Denver, has been charged in U.S. District Court for the District of North Dakota with possessing a firearm as a convicted felon. 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.
Attempted murder charges filed against Fallis in Morton County were dismissed Monday morning 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. One shot allegedly struck the ground near a deputy, who said he saw the ground near his left knee "explode."
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. She also reportedly said they were lucky she didn't shoot them all.
In addition, the complaint suggests the alleged gun — a Ruger LCR, .38 special revolver — had been taken from Fallis' then-boyfriend. The Mandan man, who said he dated Fallis for a couple of months prior to the Oct. 27 raid, reported to police Oct. 28 that his gun had been stolen in the past two to three weeks.
In addition, the complaint alleges that Fallis has a felony history as accessory to a crime in Arapahoe County, Colo., which precludes her from legally possessing a gun.
In court Monday, Fallis asked for appointed counsel. Chris Bellmore, of the Federal Public Defender's Office, was assigned to her.
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.
And then of course you had the lunacy from the other side
"About 20 supporters attended Fallis' hearing on Monday morning. Among them was Susana Sandoval, of Chicago.
Sandoval said she does not believe Fallis was armed Oct. 27 and suggested Fallis may have been trying to protect a religious or spiritual instrument. Sandoval also questioned whether Fallis could get a fair trial in North Dakota."
Protester accused of shooting at police charged in federal court | Courts & Crime | bismarcktribune.com