FARGO - An organization providing legal support for Dakota Access Pipeline protesters has reported that attorneys for Red Fawn Fallis, charged with shooting a handgun at officers during the protests, have reached a plea agreement with prosecutors that would result in her receiving less than the maximum penalty.
Fallis, an Oglala Sioux who grew up in Colorado, will plead guilty to two charges, civil disorder and possession of a firearm and ammunition by a convicted felon, in return for the government dropping the most serious charge, discharge of a firearm in relation to a felony crime of violence, the Water Protector Legal Collective said in a news release.
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"Red Fawn has been fighting an uphill battle at every stage in this case," the release said. "Red Fawn has made the very difficult decision to enter into a plea agreement that risks significant prison time, but removes the mandatory minimum and the possibility of life imprisonment."
Court documents show that a change of plea hearing for Fallis has been scheduled for 11 a.m. Monday, Jan. 22, in Bismarck's federal court. Sentencing would occur at a later date. Molly Armour, one of Fallis' attorneys, declined to comment on the developments.
The legal support group said that, under the agreement, prosecutors will recommend a sentence of no more than seven years, although the judge has the authority to sentence her up to 10 years in prison. The judge must approve the plea agreement.
Under the agreement, Fallis would avoid the mandatory minimum sentence of 10 years and the potential of life in prison for the charge of discharging a firearm.
If the plea is approved, Fallis will be the first DAPL protester to be sentenced to a substantial prison term. Five other protestors face federal charges and more than 300 face state charges in North Dakota, according to the Water Protector Legal Collective.
Fallis has claimed and the online magazine The Intercept reported last month that the gun she shot belonged to an FBI informant who infiltrated protest camps and became her boyfriend.
