Attorneys for an anti-oil pipeline activist accused of shooting at police officers reached a deal with prosecutors that would allow the woman to avoid a lengthy prison sentence.
Red Fawn Fallis will plead guilty later this month to civil disorder and gun possession if a judge in the case agrees. Prosecutors are expected to drop more serious charges that carries a minimum sentence of 10 years in prison and the possibility of life.
The woman was accused of firing a handgun three times at officers during her October 2016 arrest at a North Dakota rally protesting the Dakota Access Pipeline. No one was injured during the encounter. Fallis also acted belligerently toward law enforcement officials.
Officers testified that Fallis told police, “All pigs deserve to die” and “If I wanted to kill you, I would have shot you in the head.” Seven officers involved in the arrest testified in the extended suppression hearing in December.
District of North Dakota Chief Judge Daniel Hovland decided last year that prosecutors can cite Fallis’ statements during the trial. Attorneys for the 38-year-old activist wanted to suppress evidence obtained during her arrest at the protest.
There is “more than sufficient evidence” showing that Fallis resisted arrest, Hovland wrote at the time. “(H)er conduct in physically resisting arrest, including brandishing and discharging a firearm, clearly provided an independent grounds for her arrest.”
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