March 17, 2026:
By Molly Wetsch, South Dakota News Watch.
NDN Collective founder and CEO Nick Tilsen’s felony charges have been formally dropped about six weeks after his trial ended in a hung jury, according to court documents filed Monday.
Tilsen was indicted on charges he assaulted a Rapid City police officer in 2022. The case spanned several years and went to trial more than three years after the June 2022 incident.
After Tilsen’s case ended in a mistrial in January due to the hung jury, prosecutors had 45 days to re-try Tilsen’s charges – until Mar. 15, 2026. Because they did not do so, Tilsen has been officially cleared of the aggravated assault, simple assault and obstruction of a law enforcement officer charges.
NDN Collective called the charges politically motivated and launched a petition demanding the release of Tilsen that received more than 22,000 signatures.
“I thank my elders, my people, my family, the ancestors, my attorneys and my team at NDN Collective for standing with me. These efforts have not slowed us down. We are stronger than ever, more strategic and re-energized for the path ahead. We will continue to exercise Indigenous self-determination and build collective power for all people and Mother Earth,” Tilsen said Monday in a statement.
On Mar. 6, prosecutors filed a motion to prohibit public access to information in the court record, which would have sealed exhibits including body and dash cam footage from Tilsen’s case to the public. Olivia Siglin, Pennington County deputy state’s attorney, cited significant media attention and “inflammatory and incorrect” claims from NDN Collective that might sway potential jurors.
That motion was not ruled on by a judge before the Mar. 15 deadline.
“This case received significant public attention, but our decisions are not driven by public pressure or commentary,” Lara Roetzel, Pennington County state’s attorney, said in a statement. “They are grounded in the evidence, the law, and our obligation to exercise sound judgment on behalf of this community.”
John Murphy of Rapid City, Tilsen’s lawyer, told News Watch that he thinks the dropped charges indicate that prosecutors did not have the case to convict Tilsen. The jury was hung on a 10-2 in favor of acquitting him, Murphy said.
He said the case should not have been tried to begin with, echoing NDN Collective’s statements that the charges were politically motivated.
“In this case, the facts were the facts, and they were all on video. This was not an aggravated assault from the beginning. So the fact that they didn’t retry it, I applaud them because it would have just been more of a monumental waste of taxpayer dollars. However, the fact of the matter is this case should never have been prosecuted,” Murphy said.
What is NDN Collective?
The Rapid City-based NDN Collective is a Native rights organization that focuses on campaigns and financial assistance programs related to Native American issues nationwide.
NDN Collective filed a federal civil rights class-action lawsuit accusing racism against the Grand Gateway Hotel in Rapid City in March 2022 after Connie Uhre, an owner of the hotel, threatened to ban all Native Americans from the hotel.
In December, a jury ruled the hotel’s owners had been discriminatory and ordered them to pay $1 in damages, which NDN Collective had requested.
The organization is also known for its several funding and resource assistance programs, like its Community Self Determination grant and the NDN Fund, a loan program providing funding to various sectors of Native communities like renewable energy and housing.
Case timeline
Here is a timeline of the court case:
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June 11, 2022: Tilsen observes a police interaction with a homeless person. Rapid City police officer Nicholas Glass accused Tilsen of accelerating his vehicle toward him.
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June 30, 2023: A complaint and warrant of arrest for Tilsen is filed, alleging aggravated assault and obstruction of a law enforcement officer, according to court filings. The same day, before the warrant was filed, NDN Collective publishes a press release announcing it will host a March Towards Justice on July 4 after announcing it on social media 10 days prior.
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August 2025: Officer Glass and Tilsen testify at an evidentiary hearing.
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August 2025: The judge takes case under advisement.
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Dec. 15, 2025: The judge denies Tilsen’s motion to dismiss the case and announces the case will go to trial in January.
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Jan. 7, 2026: Pennington County brings forward a new charge against Tilsen, simple assault of a law enforcement officer. NDN Collective said the charge is politically motivated.
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Jan. 26, 2026: Trial begins.
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Jan. 28, 2026: Judge declares a mistrial after a hung jury.
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Mar. 6, 2026: Siglin, the deputy state’s attorney, files a motion to prohibit public access to information in the court record, citing increased media attention on Tilsen and the case.
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Mar. 15, 2026: Deadline to retry Tilsen’s case passes.
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Mar. 16, 2026: Prosecutor files a motion to dismiss Tilsen’s charges.
South Dakota News Watch is an independent nonprofit. Read, donate and subscribe for free at sdnewswatch.org.
Contact reporter/Report for America corps member Molly Wetsch: 605-531-7382/molly.wetsch@sdnewswatch.org.
Jan. 28, 2026:
After three days of hearings, a mistrial was declared Wednesday (Jan. 28, 2026) after the jury could not come to a unanimous decision in the case where the state of South Dakota had pressed charges against Nick Tilsen, Founder & CEO of NDN Collective. The state now has 45 days to notify the judge of their intention to retry the case.
According to a news release from NDN Collective, Tilsen continues to be under indictment, facing charges for aggravated and simple assault on a law enforcement officer and obstruction of a law enforcement officer, and is facing up to 26 years in prison.
“I’m grateful for everyone who stood with me through the latest iteration of this lengthy legal battle – the support of my family, lawyers, spiritual leaders, medicine people, and community means everything to me,” said Nick Tilsen, founder and CEO of NDN Collective. “The fight is not over.”
DECEMBER 14, 2022:
Extended version:
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.)
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