SD prosecutors drop all charges against Indigenous activist

DECEMBER 14, 2022:

SIOUX FALLS S.D. (AP) — South Dakota prosecutors have dropped all charges against the head of an Indigenous-led advocacy organization stemming from a protest during then-President Donald Trump’s visit to Mount Rushmore. NDN Collective President Nick Tilsen was among those arrested July 3, 2020, when the protest seeking return of the Black Hills to Lakota control escalated into a scuffle with law enforcement. The charges included robbery and assault of a law enforcement officer. Court documents show that prosecutors filed the dismissal Nov. 18, 2022. Tilsen said in a statement Tuesday (Dec. 13, 2022) that the dismissal shows the charges were “bogus from the start.”

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NDN Collective President Nick Tilsen was among those arrested July 3, 2020, when the protest seeking return of the Black Hills to Lakota control escalated into a scuffle with law enforcement. The charges included robbery and assault of a law enforcement officer.

Tilsen agreed to participate in a diversion program rather than face prison time, but claimed prosecutors backed out of the agreement last year after he spoke to the media about it. In his motion for dismissal, Tilsen said his remarks were protected by the First Amendment.

Deputy State’s Attorney Colleen Moran filed the dismissal Nov. 18, 2022, court documents show.

“My case held a mirror up to the so-called legal system, where prosecutors — fueled by white fragility and fear of Indigenous power — wasted years of state resources to intimidate, criminalize, and violate me,” Tilsen said in a statement Tuesday. “The fact that I’ve gone from facing 17 years in prison to all charges dismissed is not a coincidence or an act of justice — it’s evidence that the charges were bogus from the start.”

The case was transferred earlier from Pennington County in Rapid City to Minnehaha County in Sioux Falls. The original prosecutor, Pennington County State’s Attorney Mark Vargo, who is temporarily serving as South Dakota’s interim attorney general, said he had a conflict of interest because he was called to testify.

Minnehaha County States Attorney Daniel Haggar did not immediately return a phone call seeking comment on the decision to dismiss the charges.

OCTOBER 2021:

Yesterday (Oct. 27, 2021), Nick Tilsen, president of NDN Collective, appeared for an evidentiary hearing at the Pennington County Courthouse regarding an incident that took place during former President Donald Trump’s visit to Mount Rushmore last year.

The incident resulted in the arrests of Tilsen and 21 other indigenous activists following a confrontation with law enforcement near Keystone. Tilson faces up to 17 years in prison, while charges against the other 21 activists have been dropped.

Tilsen’s attorney has argued prosecutorial misconduct has led to violations of his right to free speech and a speedy trial, and requested charges against him be dropped.

Mark Vargo, Pennington County State’s Attorney, was unable to be reached for comment.

Tilsen argues for indigenous people, the South Dakota legal system looks very different.

Indigenous people make up a disproportionate amount of incarcerated individuals in the state, representing over a third of all inmates despite making up under 10 percent of the state’s population, according to numbers from the South Dakota Department of Corrections.

A written decision is expected to provide a final update on if the charges will be tossed.

(KOTA Radio contributed to this story.)

SD prosecutors drop all charges against Indigenous activist

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