Contents of Page:
Section I – About This Page: Information about this purpose & creation of this webpage.
Section II – Historical Context of The Situation at Standing Rock & My Arrest: Why the Water Protectors were there; case background including treaty & pertinent legal information. Also includes why me & my partner came to Standing Rock.
Section III – Oct 15th, The Day I was Arrested:
This section includes:
- Video footage, photos, & commentary uploaded by Water Protectors who were present on the scene that day, including approximately 20 minutes of footage that I personally filmed on the scene prior to my arrest. Includes written transcripts of the audio from each video, or summaries, where applicable.
- Written testimony which brings the evidence into context. Includes the Promise to Appear I received as a condition for being bonded out by Water Protector Legal Collective.
Section VI – Subsequent Injustices & Investigations:
This section includes:
- October 24th: What happened during my Arraignment.
- My case that was originally scheduled for 1-20-2017 was rescheduled; I was informed on the phone by the Clerk of Court that my Notice to Appear would be sent to me to the address that I gave them (written on my Promise to Appear ).
- After receiving the STATE’S DISCOVERY RESPONSE and REQUEST and NOTICE OF INTENT (N.D.R.Evid. 707) from the State Attorney’s Office on 3-21-2017, I called their office to make arrangements to pick up the evidence. After not receiving a call back, I called again on 4-19-2017, & was told by the woman who answered the phone that my next appearance was “tomorrow”. I asked where the Notice to Appear was sent, & she replied: “P.O. Box 298 in Cannonball, North Dakota“, a place where I have never authorized to receive mail. The recorded phone call wherein the woman states this is available below, as well as the injustices which occurred in court the next day on 4-20-2017, which is I am preparing to file a criminal Complaint against Judge Gail Haggerty & the South Central Judicial District for violation of U.S.C. Title 18 §242. Deprivation of rights under color of law; Judge Haggerty instituted an illegal Media Policy exactly 10 business days after I reserved my right to film the court proceedings “for First Amendment purposes” during my Arraignment, a right which his honor Judge Bruce Haskell confirmed, as verifiable within the Transcript of my Arraignment.
- Video footage of I recorded while attempting to pick up a copy of the audio file from my Arraignment from the Clerk of Court, & also while picking up my Discovery from Shannon Eagon at the State Attorney’s Office. After the misinformation I had been receiving between various phone calls (recorded & available below), & also after being told during my 4-20 appearance that another one of my Notices to Appear was sent to my former Bodfish, California address (where I also never authorized mail to be received, as confirmed by the Clerk of Court on a recorded phone call below), I felt it necessary to film my interactions at the courthouse on this day.
- All documents, footage, & photo evidence given to Ms. Wilson by State’s Attorney’s Office’s employee Shannon Eagon on Friday, 5-5-2017 following Ms. Wilson’s Request for Discovery.
Section IV – Legal Filings in Preparation: Everything I plan to file & where I plan to file it, prepared publicly below so that everyone can learn “what to do in these types of situations”. Again, everything throughout this page is being broadcast for First Amendment purposes, as the only reason I was arrested in the first place was due to the fact that my First Amendment right, & the First Amendment rights of fellow civilians were violated on 10-15-2016 under color of law.
Section I- About This Page
All content throughout this webpage is being compiled by Alex “Distance” Wilson (“Ms. Wilson”), Defendant in Case # 30-2016-CR-1337. She is currently scheduled to make her third appearance in the Morton County Courthouse (North Dakota) at 9:00 a.m. on May 25th, 2017. All evidence & testimony compiled for this case will likely be applicable to many other cases, which is the primary reason that all content throughout this page is being presented by Wild Willpower, without prejudice, for First Amendment purposes; the use of all such content is protected with regard to the Fair Use Index of the U.S. Copyright Office:
All content throughout this site is also being broadcast with regard to Casus foederis in accordance with The Constitution of The United States, the 1851 Treaty of Fort Laramie and 1868 Treaty of Fort Laramie:
“Casus foederis is the event upon the occurrence of which it becomes the duty of one of the allies to render the promised assistance to the other. Thus, in the case of a defensive alliance, the casus foederis occurs when war is declared or commenced against one of the allies. Treaties of alliance very often define precisely the event which shall be regarded as the casus foederis.“
Section II- Historical Context of the Situation at Standing Rock & My Arrest
Due to the fact that on September 3rd, 2016, I witnessed what appeared to me to be civil rights violations against mostly Native American civilians, I then began online dialogue with individuals who were on the scene that day. What appeared to be “civil rights violations” were several videos that circulated social media which showed attack dogs being released on Native Americans who were protesting against the construction of the Dakota Access Pipeline Project (“DAPL” aka “the pipeline”). Upon further investigation, I learned that their concerns appeared legitimate in that there have been hundreds of pipeline bursts within the past several years which have contaminated water sources. This caused me to perform further research, & so I compiled the following list of pipeline bursts & their causations, which led me to realize the legitimacy of the concerns the protesters & tribes had regarding the danger the pipeline beneath the river imposes:
Furthermore, I was appalled by the malicious conduct of Dakota Access, L.L.C. due to the fact that the tribe’s ancient burial sites appeared to have been deliberately bulldozed immediately after the tribe’s legal filings which objected to the proposed location of the pipeline.
On September 6th, 2016, Democracy Now! released the following documentary which explains the tribes ignored legal filings & the desecration of the their burial sites, entitled “Did Dakota Access Pipeline Company Deliberately Destroy Sacred Sioux Burial Sites?“:
Even if burial sites had not been destroyed by construction workers as North Dakota State’s Chief Archaeologist Paul Picha stated, it is apparent that the location of the pipeline directly threatens their safety due to the imminent threat of the pipeline either bursting or leaking imposes. Such leak could easily be caused by an Act of God or any one of the aforementioned system malfunctions listed throughout the “Pipeline Bursts” documents above, which also exemplify numerous instances wherein crude oil has seeped much further than 95 feet, which is how far below the riverbed DAPL is located. For instance, read pages 11-17 of the 2009-2010 Pipeline Bursts report, which shows documentation of a pipeline in Cygnet, Ohio which leaked over 100 feet into the local drinking water supply, as reported by the U.S. Department of Transportation’s Pipeline & Hazardous Materials Safety Administration; this is one of several instances documented within the report.
So, whether the burial sites were actually destroyed as tribal historians unanimously agree they had been, or if the sites were narrowly avoided as State officials contend, a rupture of the pipeline would cause the sites to become contaminated & desecrated with crude oil. Such an inconsiderate & malicious action of ignoring the tribe’s real & sentimental concerns is why I believed that the conduct of Dakota Access, L.L.C. employees was unacceptable.
Kevin & I Began Hitchhiking to Standing Rock on September 6th, 2016:
We had only recently been robbed in California, & frankly this “cause” if you want to call it that was very dear to me; for many years I had been documenting ethnobotanical plant uses & traditional wild living skills with Lakota/Cherokee/Northern Cheyenne elder Richard Lonewolf (whose website & publications I helped co-created) & his Cherokee half-brother Randy White Feather back in the Sequioa National Forest / Mojave Desert area for many years. In addition, I had been studying pro se litigation primarily for the purpose of enforcing one’s civil rights against color of law crimes. Due to the fact that Native Americans were calling out for help from people around the world & I had skillsets which were particularly needed, it felt apparent to both me & Kevin that we ought to just get our belongings together, have faith, & hitchhike to Standing Rock. Some photos from the hitchhike:
Brief Interview w/ Some Folks who Picked Us Up Hitchhiking on the Way Here:
We Arrived on September 20th:
We arrived to Sicangu aka Rosebud Camp on September 20th, & after a short stay moved to Oceti Sakowin Camp. Soon after we moved Sacred Stone Camp, where we would stay for many months to come. Every day prior to winter I would hitchhike to either the public library at Sitting Bull College or to Prairie Knights Casino, from where I’d continue compiling casework on a daily basis. There at Sacred Stone Camp, there was a big sign which hung above the “sacred fire” where people would gather; many signs such as this were a constant reminder of the 1851 Treaty of Fort Laramie and 1868 Treaty of Fort Laramie:
I Began Compiling History to Bring Clarity:
I had began reading the treaties prior to arriving at Standing Rock and while studying along the way during our hitchhike via the history section on the Standing Rock Sioux Tribe’s website, & continued to look into these matters. I noticed that Article V of the 1851 Fort Laramie explains that the entire Missouri River belongs to the ‘Sioux & Dakota nations’:
“The territory of the Sioux or Dahcotah Nation, commencing the mouth of the White Earth River, on the Missouri River: thence in a southwesterly direction to the forks of the Platte River: thence up the north fork of the Platte River to a point known as the Red Bute, or where the road leaves the river; thence along the range of mountains known as the Black Hills, to the head-waters of Heart River; thence down Heart River to its mouth; and thence down the Missouri River to the place of beginning.
It is, however, understood that, in making this recognition and acknowledgement, the aforesaid Indian nations do not hereby abandon or prejudice any rights or claims they may have to other lands; & further, that they do not surrender the privilege of hunting, fishing, or passing over any of the tracts of country heretofore described.““
But the “Dakotah” & “Sioux” Nations are not the only nations listed within The Treaty of Fort Laramie of 1851: so are several other Tribes & Tribal Nations as well:
“This Constitution, & the laws of the United States which shall be made in pursuance thereof; & all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; & the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators & Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution“
What was confusing, however, is that there are two treaties, & that the second one– the 1868 version— allocates much less land to the tribe! Here is a map from the North Dakota’s State government’s website, showing which shows land allotments from both the 1851 and 1868 versions of the treaty:
In order to make sense of “how & why did these treaties even get written in the first place??”, & in order to bring clarity to this confusing situation of “Standing Rock, the Dakota Access Pipeline, & “the treaties” to people around the world, I compiled the following PDFs in order to help bring historical context to the case (they’re divided up to make the files smaller & easier to download):
Note: These are written by an “outsider” looking in, with the intent that they can be improved & eventually be used as textbooks in schools. A young woman picked me up hitchhiking when I first arrived to the reservation, & I asked if she learns about her history in school or mostly about American & European history. Her response was “I don’t really know anything about our history”. Eventually I hope these can be made well enough to remedy that problem throughout the reservations and in U.S. textbooks; several of the sections have not been included or only have partial sections because the content is so vast. In order to understand how & why the first treaty of Fort Laramie
Several more sections to be uploaded soon today 5-14-2017.
On November 10th, 2016 the Bismarck Tribune ran an article which publicly re-inforced the validity of the 1851 Treaty of Fort Laramie, something I had not heard of until coming to Standing Rock. The article is entitled “1851 treaty resonates in DAPL discussion” by JENNY SCHLECHT; an excerpt:
“As settlers headed west in the middle of the 19th century, nations of Native Americans wanted them to keep their distance and their foreign diseases at bay. The United States wanted easements for trails & permission to build forts in Indian territories.
The result was the Treaty of Fort Laramie of 1851 — a historic agreement that has found new resonance in the disagreement over the path of the Dakota Access Pipeline.
‘It really is an important thing,’ said Suzan Harjo, president of the Morning Star Institute and a longtime Native American historian & advocate. ‘These agreements — they all started out with peace and friendship.’
A map drawn by Belgian Jesuit missionary Father Pierre-Jean DeSmet with information from famous guide & fur trapper Jim Bridger helped define the approximate boundaries of the tribes, Harjo said. The pool-table sized map now is at the Library of Congress…
Areas on the Dakota Access Pipeline route run through the 1851 territories of tribal bands that make up the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe and the Yankton Sioux Tribe, as well as through the Great Sioux Reservation drawn up in the Treaty of Fort Laramie of 1868, Harjo said.
However, Congress in 1889 divided the Great Sioux Reservation into six separate, smaller reservations, which have remained intact. While Congress forced the tribes on to smaller parcels of land, the treaties of 1851 and 1868 didn’t go away, Harjo said.
Grant Christensen, an assistant professor at the University of North Dakota School of Law… explained the Supremacy Clause of the U.S. Constitution makes any treaty the “supreme law of the land” & the terms of treaties remain in place unless specifically repealed by Congress… [A] 1999 Supreme Court case called Minnesota v. Mille Lacs Band of Chippewa Indians, in which the Mille Lacs Band successfully argued they never lost the right to hunt & fish on lands laid out in an 1837 treaty despite an 1855 treaty that made their reservation smaller, Christensen said.
Harjo said she believes Standing Rock still has claims to the lands in the 1851 territories. The Treaty of Fort Laramie of 1851 didn’t make the tribes change who they were, she said.
‘They didn’t give up their right to speak their language or exercise their religion. They didn’t give up their ancestors’ graves. They didn’t give up their worship and other sacred places. They didn’t give up their right to have a clear blue stream to jump in to conclude the Sun Dance,’ Harjo said.
Harjo said she believes the 1978 American Indian Religious Freedom Act, the 1990 Native American Graves Protection and Repatriation Act, and the 1996 Executive Order on Indian Sacred Sites — all of which she played a part in molding — have built on those treaty rights and also are in play..“
Oct. 15, the day I was arrested:
On Thursday, October 15th, 2016, she was arrested alongside 9 other Water Protectors who near the intersections of Highway 6 and County Road 135:
Aerial photo of arrest site:
Click any of the photos throughout this webpage to enlarge.
Map of Arrest Site in Relation to Sacred Stone Camp, Mandan, & Bismarck, ND:
The following is an excerpt from an article published by 14 arrested during another day of pipeline protests” b
“Earlier in the day, 10 people were arrested after allegedly congregating in the middle of Highway 6 near an active construction site and refusing to leave, according to Keller.
Keller said the caravan was stopped by police at the intersection of the highway and County Road 135 around 9 a.m., about two miles south of where crews are actively running pipe — the same place a large protest took place Monday.
The group got out of their cars along the road, and some refused to leave on orders from police, Keller said. They are facing charges of disobedience of a public safety order during riot conditions and disorderly conduct…
Highway 6 was temporarily closed to traffic from St. Anthony to County Road 135, and local residents were advised to stay off of the road.“
Full Article: 14 arrested during another day of pipeline protests” b
Below includes evidence which proves that everyone arrested on October 15th was under false pretenses.
Note: All evidence indicated by the term “Discovery“ was given to Ms. Wilson by The State Attorney’s Office on Friday, 5-5-2017 by employee Shannon Eagon in response to her Request for Discovery. Ms. Wilson was sent a “STATE’S DISCOVERY RESPONSE and REQUEST and NOTICE OF INTENT (N.D.R.Evid. 707); the notice was sent to her at 141 Lansdale Ave., Fairfax California on 3-21-2017.
Official Call for Service received Morton County Sheriff’s Department @ 7:31 a.m.- Discovery:
PDF of report: (10-15-16) MCSO CFS # MT-16-5560 No Case #.
Main content of report: “BIA REPORTS 100+ PEOPLE GATHERING AT THE CAMP, MANDAN TOC NOTIFIED, STARTING TO GET IN VEHICLES, UNKN DIRECTION AT THIS TIME, BIA 10-05 PEOPLE ARE HEADING WB TOWARDS SOLEN, APPROX. 15 VEHICLES LOADED W/OCCUPANTS, MRTN CO TOC NOTIFIED, BIA 10-05 SAME GROUP OF PEOPLE ARE NOW, HEADING NB ON STHY 6, 15 TO 20 VEHICLES LOADED WITH OCCUPANTS, 911 CALL FROM FISHERMAN AT FORT RICE, 400-2575 PROTESTORS ARE HEADING NORTH, TOC NOTIFIED, 32 VEHICLE NORTH OUT OF SOLEN, MANDAN TOC NOTIFIED, [name & phone number of caller omitted], CALLED AND 30-40 CARS HEADED NORTH ON GRAVEL, NORTH OF SOLEN, RP [name & phone number of caller #2 omitted] ADVISES THERE IS A LARGE GROUP OF PROTESTERS 4 EAST AND 2 SOUTH OF ST ANTHONY…., 3 PEOPLE, 64TH ST, CORN FEILD TO THE NORTH, PEOPLE HINDING THE FIELD RP NICOLE JACOBSON 516-7240 “
Video shows line of vehicles driving northbound on Highway 6. Several North Dakota & local government officials are blocking the right-of-way, which causes civilians to pull over to the side of the road.
John Wathen narrates while filming: “Alright. We’re rolling up on the site, & it looks like the police have got the road barricaded. They’re not going to let us in. I”m not exactly sure what’s going to happen here, but here we go. They got the tank out in the road. I don’t know if anybody can see this.“
Download the PDF: Transcript of Video #1
This next video by John Wathen shows civilians now out of their vehicles in front of the officers who are blocking the road, pleaing to them let them move north. Traditional singing & drumming heard in background.
Civilian: “This ain’t no power struggle. We’re just trying to exercise our rights, so let us through. They’re public roads. Our taxes are what pay for these roads and your paychecks.“
Another Civilian: “Did you make your oath to the corporations or to the United States?“
Another Civilian: “Why can’t you guys be bigger men & put your gear down & do what’s right morally? There will be cops who turn their badges in because they know this ain’t right.“
Download the PDF: Transcript of Video #2
Singing & drumming in background.
Civilian’s voice: “We’re here for YOU. We’re here to save the water for future generations.“
Another Civilian: “What happened to ya’lls Oath? Do you guys just not think about the Oath you gave? I can tell you’re thinking about it, man. THE OATH! What happened to it?“
Download the PDF: Transcript of Video #3
Officers forming a straight line while one places orange cone on the ground.
Civilian: “We ain’t doing this for chaos. We can see ya’lls faces. Ya’ll don’t like this. Where’s your morals? Think about it. Do you want your kids to be raised in a country like this where they think its okay– buy ya’ll keep letting it happen.“
Officer on megaphone: “Everyone in the crowd needs to back up.“
Civilian: “Where’s your oath?“
Another officer (points to civilian): “Back up!“
Officer on megaphone: “Back up.“
Traditional singing & drumming continues.
Civilian: “There are good cops out here. I’m sure every one of you are. You guys made an oath for a reason. Have morals. Quit protecting big money. That’s what’s destroying this country. Ya’ll know this.“
Download the PDF: Transcript of Video #4
Traditional singing & drumming playing. An officer reaches toward one of the civilians.
Another civilian steps between them, & states: “You cannot put hands on him. You can’t touch him.“
Civilian: “Hey! Don’t touch him! Don’t touch him! You don’t have a right to touch him! He’s not doing anything!“
Officer: “Back up.“
Another officer: “Don’t get any closer.“
Civilian who officer almost touched: “Think about it. Think of your morals brother! Your morals!“
Another civilian: “Open your heart!!!!“
Civilian: “Where are your morals? Do you want your kids growing up in a country like this?“
Sound of several civilians expressing disdain toward being blocked from passing on road.
Civilian: “I don’t see why we have to have such a big fight over WATER.“
Another civilian: “I just want them to uphold the oath you guys took when you took this job. I was going to school for law & I left because I knew I couldn’t stand where ya’ll are standing.“
Traditional songs & drumming continues.
Another Civilian: “We can tell you ya’ll don’t like this.“
Another civilian: “We can see in your faces in your eyes that you don’t want to be here. You want to be with your families & actually protecting them against murderers & drug dealers– not people who are trying to protect the Earth. Where is your life for what gave you life? What FEEDS you? You wanna be on the wrong side or the right side? Brother we know you’re thinking about turning around & walking the other way. W e know you just want to be with your families.“
Traditional songs continue.
Download the PDF: Transcript of Video #5
Officers standing in line blocking road. One Sheriff’s Deputy with black ski mask films the scene. Civilians speaking to officers.
Another civilian: “We have First Amendment Rights. Time to start protecting your people.“
Another civilian: “Time to protect yourselves. When will you protect yourselves.“
Another civilian: “What’s going to happen when that pipeline breaks? What water are your daughters & sons going to drink? How much money they going to have to pay for clean water? Ten dollars? Twenty dollars?“
Another civilian: “You guys don’t make that much.“
Another civilian: “You’re violating our civil rights over what belongs to us!“
Download the PDF: Transcript of Video #6
Officers lined up blocking Highway 6 at the intersection of County Road 135. Traditional prayer songs & drums play in background.
Civilian: “Think about it– First Amendment Rights! We have the RIGHT to peaceful (muddled). We have the right to pray! Who are you protecting now!?“
According to North Dakota Century Code Chapter 29-06-20 (1), “A private person may arrest another for a public offense committed or attempted in the arresting person’s presence.“
According to North Dakota Century Code 29-06-18, “An officer may take before a magistrate a person who, while engaged in a breach of the peace, is arrested by a bystander and delivered to the officer.“
Furthermore , according to North Dakota Century Code 29-06-21 (1), “A private person making an arrest must inform the person to be arrested of the intention to arrest the person, and of the cause of the arrest, unless:
1. The person to be arrested then is engaged in the commission of an offense.”
In addition, according to North Dakota Century Code 29-06-23, “A private person who has arrested another for the commission of a public offense, without unnecessary delay, shall take the person before a magistrate or deliver the person to a peace officer.“
Transcript of Video #8:
I have a right to make a Citizen’s Arrest. I’m witnessing United States Code Title 42 Conspiracy to Interfere with Civil Rights occurring. I could get tried with Action for Neglect to Prevent if I don’t report this crime, & so could you, & I don’t want you guys (indicates to officers) to get falsely charged. I don’t want these guys to get falsely charged (indicates to civilians). I need to speak to the highest ranking officer right now so I can let them know which statutes I’m referring to so we can make the arrests. This is being recorded. I need help. I need help. We are in distress. Who can I speak to so we can get the arrests on these men? I will take it to court myself going pro se civil litigation. I know where the paperwork is. I don’t want arrested. I’m not in violation of the law, but I’m witnessing a crime, & it would be irresponsible of me as a witness to not create this Citizen’s Arrest right now, & I have a right. I reserve that Right right now. Will any of you honor my Right to do a Citizen’s Arrest? I require to speak to the highest ranking officer here.“
Another civilian offers the officers water.
Another Native American civilian (Bubba), who is smudging, responds: “No they like oil instead. You guys want some oil?”
Another Civilian responds: “They must all be equals here.“
Distance: “Are you all equals here? Is there a highest ranking officer her? Will one of you answer me?”
John Wathen: “Yes there is. He’s over here by this machine. He’s in the black…”
Download the PDF: Transcript of Video #8
Transcript, as follows (video below):
Officer on megaphone interrupts: “Everybody listen up! You need to disperse immediately. You are blocking a public road.“
Civilians comply immediately. A loud voice is heard from a civilian: “Everybody off the road!“
Civilians comply with the order & begin moving off the road immediately.
Officer on megaphone continues: “Disperse IMMEDIATELY or you are prone to arrest.“
More civilian voices: “Get off the road. Scoot over!“
Civilians continue to comply.
Officer on megaphone repeats: “You need to disperse immediately.“
Civilian hollers after civilians comply immediately: “We are here in PEACE. We are NOT blocking the road.“
Another civilian walks by other civilians, suggesting to them: “Step behind the cones. Step behind the cones. Stay off the road.“
Civilians again self-organize to comply.
Another civilian hollers: “Give them what they want. All they want is for us not to block the road! Open the road for them.“
No civilians are on the road at this time.
Another civilian hollers: “We’re not on the road!“
Traditional singing & drumming from Tribal Members continues in background of video throughout this.
Officer on megaphone then states: “Your OPTIONS are to disperse immediately or you are subject to arrest.” Again, he repeats: “Your OPTIONS are to disperse immediately out of your vehicles & head southbound or you are subject to arrest.“
Many civilians respond: “Why” “What are we being arrested for?” “For what?” “Arrested for WHAT?“
At this time, Alex “Distance” Wilson‘s voice is heard in the audio: “I declare a Citizen’s Arrest on the man announcing– for violation of Deprivation of Rights Under Color of Law— United States Code– Title 18!!!!“
Another civilian then yells: “Everybody make sure you’re off the road!”
Wilson’s voice is heard in the background again after videographer John Wathen‘s comments, stating: “… willingly participated, in ‘United States Code Title 42 Conspiracy to Interfere with Civil Rights‘ and ‘Dereliction of Duty‘.”
Wilson is seen on the right side of screen with rainbow colored skirt. She then hollers: “You guys have just betrayed America!!!”
Wilson was arrested at this time by North Dakota State Trooper “J. Jones”.
Traditional singing & drumming begins. James Troy, also arrested soon after, is seen walking off to the left side of the screen shortly thereafter.
Civilian comments to camcorder: “We’re just trying to protect the water. We’re not trying to be violent. No weapons. We’re here in peace & prayer. All we’re trying to do is protect the water & the land & make sure future generations have water to drink.”
A group of civilians sitting in the grass are then arrested. Camcorder zooms in.
A civilians hollers: “They’re not even doing anything wrong! Why are you guys manhandling them? Why are you being so PHYSICAL with them?! They were sitting on this side of the cones that YOU put up!!”
A civilian hollers: “Why aren’t you respecting the rights of the people & not the corporations?!” Several civilians cheer.
A woman hollers: “Who do you WORK for?”
Civilians then start hollering about protecting the water & the planet, & how there will be nothing left to protect if we don’t do it.
Several civilians then change their voices to an upset & frustrated, concerned tone, commenting that officers are acting like “Fascists” who aren’t protecting the people, but instead are just protecting the corporations.
A voice is heard: “You are arresting people who are speaking up for the Earth. What’s wrong with you!?!? Have you no conscious?!“
Video then shows the road, where no civilians are standing.
Another civilian hollers: “We have First Amendment Rights. We are ONE. Our water is your water. We do this for YOUR children too. This is an act of love! Wake up!!! Wake up!!! Think about what you’re doing! You are committing a crime! You are violating our rights!”
A civilians hollers: “We’re praying for you! We’re praying for YOU!“
Download the PDF: Transcript Video #9
The following video was uploaded by Distance Everheart, founder of Wild Willpower, who was arrested by North Dakota State Trooper Badge #249 before being forcibly escorted into a van by Morton County Sheriff’s Officer who claimed his badge number was 5564: militarized police block a public road, Protectors chant and drum.
Transcript (video below):
Firsthand footage from Alexandra “Distance Everheart” Wilson as she exits the vehicle & walks to the officer barricade alongside fellow civilians who are also exiting vehicles & doing the same. The voice of a young Native American singing a traditional song with their drum can be heard in the background. Civilians stop about 25 feet in front of officers who are standing in front of the roadway & along the sides so there is no way past.
Civilian hollers to officers: “Be ready to be taken to court on a federal level.“
Another civilian hollers: “Mni wiconi!!!” (Lakota phrase which translates “Water is life”)
(sound of helicopter drowns out voices)
Civilian: “We’re trying to protect a way for your kids & the future, but you guys would rather protect big money.“
Civilians begin chanting: “Mni wiconi! Water is life! Mni wiconi! Water is life! Mni wiconi! Water is life!” “What do we do when our rights are under attack?!” “Stand up- fight back!” “What do we do when our rights are under attack?!” “Stand up- fight back!“
Distance has walked to the far east side of the ditch to the end of the officer line, & begins documenting officers & their vehicles.
Civilian: “We have every right to assemble!“
Another Civilian: “Stay in prayer! Stay in prayer!“
Traditional singing begins.
Civilian: “I know you guys are good people. That’s why you took an oath to protect…“
Commanding officer approaches him: “Go back. Go back! Back south.“
Civilian: “This ain’t no power struggle. We’re just trying to exercise our rights, so let us through. They’re public roads. Our taxes are what pay for these roads and your paychecks. Why can’t you guys be bigger men & put your gear down & do what’s right morally?“
Distance (to officers): “I have a question. I have a question. I was wondering if– can I get a copy of each of your cards? Can I get a copy your cards?“
Officer: “Our business cards?“
Distance: “Yes please.“
Officer: “If I had one on me I would. I have my name right here though.“
Distance: “I’d just like to get each person’s name & badge number & card.“
Officer: “My badge number’s 2039.“
Distance: “2039?” (officer nods affirmatively) “Thanks for protecting our First Amendment Rights.“
Officer: “You’re welcome.“
Distance: “You guys would be first on the line if we had a war to protect us, & you’d be protecting & saving our lives- & thank you.“
Officer nods: “Yep.” (backs up into line again)
Distance: “Sir? Is there someone I could talk to just to get a copy of each person’s card here?“
Officer: “I don’t know who that would be…“
Distance (to other officers): “Or can I get each one of your business cards?“
Officer: “You can ask them for their badge number. They can give you their badge number.“
Distance: “Thank you.” (turns to one officer to the right) “Can I have your badge number please, Sir? Sir? Sir, can I have your badge number & card please?” (officer doesn’t respond) “I’d like your badge numbers & names please.” (no response, turns to another officer) “What’s your name & badge number, Sir, please? And thank you for protecting our First Amendment Right to do this.” (no response)
Civilian: “… you guys made an oath for a reason. Have morals. Quit protecting big money. That’s what’s destroying this country. You all KNOW this.“
Distance: “We’re going to plant a lot of food in the spring to help break our addiction of this oil. We want to feed you guys too. But I need each of your names & badge numbers. Do you have a card, Sir?“(no response)
A different officer responds: “What’s that?“
Distance: “Do you have a card? Business card? What’s your name & badge number?“
Distance: “310?” (officer shakes head affirmatively) “And what’s your name, SIr?” (no response) “And are you with the State trooper of North Dakota?” (officer shakes his head affirmatively & turns to show his patch).
Distance: “Thank you.” (turns back to other State Trooper) “… & what’s your badge number, Sir?“
Distance: “327?” (shakes his head affirmatively) “Thank you.“
Civilian: “Think of your MORALS, brother. Your MORALS!“
Distance (to officer laying down orange cones): “Hey sir?“
Same civilian from before: “Where is your morals? Do you want your kids growing up in a country like this?“
Distance (to another officer): “Hey Sir? With the helmet? Sir? Sir with the helmet? Ummmm. Thank you for your service. Can I have your name & badge number please?“
Civilian: “I just want them to uphold the Oath you all took when you took this job.“
Distance: “Hey SIR? I have a right to have your name & badge number. Sir?“
Civilian: “Where ya’lls morals? We can see in your faces & eyes that you guys don’t want to be here. You want to be with your families actually protecting them against murderers & drug dealers. Not people trying to protect the earth.“
Distance: “We’re going to plant a LOT of food in the spring to feed you guys. So we can all break our oil addiction. We can do better than this as a country. We’re all divided against each other. We’re divided against each other because it seems like we’ve got some Army Corps of Engineer officers commit EXTORTION, & it put you guys in harm’s way, & it put us in harm’s way & we’re going to get the name & badge number of those Army Corps of Engineers officers who approved this for violation of United States Code Extortion Under Color of Law. The Nazis at the Nuremberg Trials claimed “We were just doing our job” when they were in court, & it got ruled after World War II that that doesn’t hold up in court. You’ve got to put our rights first. Kelcy Warren is a Confederate. The people that are making these decisions & making these Oaths of Office being violated are Confederates. The Confederates have turned our Constitutional Oathkeepers against our Citizens through Subversion & Extortion. YOU GUYS are being put in harm’s way, & you guys are due Restitution & so are we. But this is a violation of Article VI of The Constitution— the Treaty Clause (actually Article VI is the Supremacy Clause, but as the clause states that ‘Treaties are the Supreme Law of the Land’, the two clauses can easily be confused), & we’re on Lakota land, & you’ve been told that this isn’t Lakota land because some Congress people commit Extortion— meaning ‘they signed off more than they have the authority to sign off‘– which is “somebody else’s land & water”. Under the Common Law of The Constitution– The Prior Appropriations Doctrine designates the water of The Missouri– to ALL people downstream– have ‘Senior Rights’. So these Native Americans right here– they have a Right to that water. They have Senior Rights under The Prior Appropriations Doctrine & The Winters Doctrine, & the Dakota Access Pipeline & Kelcy Warren— when Kelcy Warren down in Texas– the owner of Energy Transfers signed into the Uniform Commercial Code through the Secretary of State’s website, he agreed to the Terms & Conditions. He agreed that he would follow the laws of the United States. I hereby declare a Citizen’s Arrest on every worker on behalf of Dakota Access Pipeline for criminal trespass, & also for violation of United States Code Conspiracy to Interfere with Civil Rights– Title 42— for violating the Water Rights– which are implied. If you go to the US Forest Service website– on the Treaty Rights & Responsibilities of the United States government, it says right on there: ‘Even when water rights are not explicitly expressed in the treaty, its implied into the Treaty’ (pages 46 & 47 of document under the ‘Indian Reserved Water Rights’ section), so under the Constitutional Oaths that each of you took– and THANK YOU– you agreed to protect our rights & to protect these Native Americans AGAINST the pipeline. I hereby declare a Citizen’s Arrest on the workers on behalf of Dakota Access Pipeline for criminal trespass.“
Another Civilian (to officer): “I will go after your liability bond. I will sue you in federal court. You are violating my civill rights under the 14th Amendment & Native American Religious Freedom Act.“
Distance: “Your false orders are operating under fraudulent paperwork that has been forged.“
Civilian: “What are you going to do when you can’t drink out of the river? Water will be the new money.“
Distance: “The paperwork– the fraudulent paperwork is giving you guys false orders. When the Nuremberg Trials after the Nazis were taken in & after World War II– their defense in court was ‘We were just doing our jobs.’ You guys are restitution in a class action lawsuit because you guys & us have been turned against each other because some corporate CEOs, and some political officials including within the local County Commissioners commit Extortion. The County of Morton is registered as a Corporation that signed into the Uniform Commercial Code through the Secretary of State’s website, & when the County of Morton agreed to the Terms & Conditions on the Uniform Commercial Code when they signed in– they agreed they would follow the laws of the United States, & currently Morton County is operating in violation to The Constitution.“
Civilian: “You guys can walk away now & still feed your families.“
Civilian: “This is what we are standing up for. We are protecting this land & water for YOU.“
Distance: “You have the opportunity– who is in CHARGE right here? I would like to speak with them. I’d like to declare a Citizen’s Arrest so that you guys can get the orders coming down from above. Who’s in charge of this troop? May I speak to them? Who’s the highest ranking officer, Men? Who’s the ranking officer here, Men?“
Civilian: “As a civilian to a police officer– don’t you have to execute that? By law?“
Distance: “I need a Citizen’s Arrest. I am witnessing a crime, & I need to speak to the highest ranking official here so we can get the arrest on the criminals present, & its not you guys. Is the Chief officer here? Or the highest ranking officer? Who’s here? Who’s present? Under the American Freedom of Information Act we have a right to know which one of you is the highest ranking officer. (officer pulls his billie club out of its holder in a show of aggression, then hides it behind his back). Abraham Lincoln said: ‘The People are the Rightful Masters of the Courts & Congress, not to overthrow the men who uphold The Constitution, but to overthrow the men who pervert it.’ I have a Citizen’s Arrest to make. I’d like you men to help us make those arrests. Its your duty. I would like to show you the statutes which I’m referring to, & I need to speak to the highest ranking officer right now. I have a right to make a Citizen’s Arrest. Under the Uniform Commercial Code 1-308, I hereby reserve ALL of our Assumed Rights under The Fourteenth Amendment of The Constitution. I have a right to make a Citizen’s Arrest. I’m witnessing United States Code Title 42 Conspiracy to Interfere with Civil Rights occurring. I could get tried with Action for Neglect to Prevent if I don’t report this crime, & so could you, & I don’t want you guys to get falsely charged. I don’t want these guys (indicates to fellow civilians) to get falsely charged. I need to speak to the highest ranking officer among you right now so I can let them know which statutes I’m referring to so we can make the arrests. This is being recorded. I need help! I need help! We are in distress! Who can I speak to so we can get the arrests on these men? I will take it to court myself going pro se civil litigation. I know where the paperwork is. I don’t want arrested. I’m not in violation of the law, but I’m witnessing a crime, & it would be irresponsible for me as a witness to not create this Citizen’s Arrest right now, & I have a right, & I reserve that right right now. Will any of you honor my right to do a Citizen’s Arrest?“
Civilian (holds a bottle of water out to officers): “Can I offer you guys some water? Thank you for acknowledging me, Sir. I love you brother.“
Another civilian: “No- they like oil instead.“
Distance: “I require to speak to the highest ranking officer here.” (no response still)
Civilian: “They must all be equals here.“
Distance: “Are you all equals here? Is there a highest ranking officer? Will one of you answer me?” (Distance begins walking westwardly. Indigenous people singing, drumming, & shaking rattles in prayer. Distance stops directly in front of the center of the officer blockade, but not on the road) “I need to speak to the highest ranking officer here. I must declare a Citizen’s Arrest! I’m witnessing a crime. We need a Citizen’s Arrest on the Dakota Access…“
Officer on megaphone: “Alright. Everybody listen up! You need to disperse immediately! You are blocking a public road.“
Civilians begin responding: “Everybody off the road!“
Officer on megaphone: “You need to disperse IMMEDIATELY!“
Many civilians’ voices heard: “Get off the road. Move off the road.“
Distance: “What’s the name of the officer who said that!? Please! I need evidence! What’s the name of the officer that said that before I leave & then I’ll disperse! I need the name of the officer who is declaring those orders!! Immediately, men– somebody please say it!! What’s the name & badge number of THAT man who declared that?!” (to officer with megaphone) “I need your name & badge number, Sir! I need your business card!! And then I’ll go!!! Who declared those order? I need your badge number!! I declare a Citizen’s Arrest on the officer who just announced that for Deprivation of Rights Under Color of Law United States Code.“
Officer on megaphone: “… or you are subject to arrest.“
Distance: “You’re a TERRORIST! You!!“
Officer on megaphone: “… disperse IMMEDIATELY out of your vehicles and head southbound or you are subject to arrest.“
Distance: “I declare a Citizen’s Arrest on the man announcing– for violation of Deprivation of Rights Under Color of Law United States Code Title 18!!! Any officer who makes the arrest on that superior officer will be exonerated, thanked, & given a MEDAL!!” (no response from officers) “Thank you!! I have all the evidence I need! You men have willingly participated in United States Code Title 42 Conspiracy to Interfere with Civil Rights, & Dereliction of Duty!“
This video shows nearly all the civilians chanting in unison, in response to the civilians who were arrested: “Let them go! Let them go! Let them go!“
“I witnessed the violation of 1st Amendment rights of around 50 people on Hwy 6 Morton Co SD. We gathered where police were obstructing a public highway. We were stopped before any crime or action had occurred. They blocked the road and told us we were obstructing a public roadway so we moved into the grass where several people were arrested AFTER complying with the order to get out of the road.
One singer was arrested and his ceremonial drum confiscated. The police used it as extortion by refusing to give it back to tribal people there until we agreed to leave. They returned it and we left as promised but the damage to the 1st Amendment was already done.”
Part 2 from above video, about a minute later: Militarized police continue blocking the road. The citizen’s arrest is announced again to other officers. Request for badge numbers is ignored.
Further video of the impasse, as a small number of Protector’s stand in peace and prayer. Leaders tell Protector’s to step off the road. Police continue standing in the road. Dispersal warning is given although the road is no longer blocked by Protectors. People who are not in the road are illegally arrested.
-Joseph White Eyes (video length 30:20):
Protectors are no longer in the road and are being warned to disperse, although they are not violating the law. Police continue blocking the public road. More illegal arrests are made.
–Lolly Bee (video length 26:55)::
John Wathen uploaded the following photos to his album ‘Day of Action 10/15/16’ on Facebook on 10/16/2016:
Photo of the man acting as Commanding Officer, whom Distance Evereheart Declared a Citizen’s Arrest upon within the above video:
Lt. Jason Stugelmeyer:
Above photo uploaded by “Morton County North Dakota on Jan 20, 2017- from video: “Lt. Jason Stugelmeyer explains why officers working the DAPL Protest wear protective gear to shield themselves from violent outbreaks from protesters“.
5-5-2017: Distance picks up Discovery from State’s Attorney, & attempts to order Audio Recordings & Transcripts from Morton County Clerk of Court’s Officer:
5-5-2017 vid 2: Distance @ State Attorney’s Office picking up Discovery
5-5-2017 vid3:. Distance speaking w Clerk of Court re: Ordering Audios & Transcript
5-5-2017 vid4: Distance @ Clerk to order Audios & Transcript (not much)
5-5-2017 vid5:. Distance requesting Audio & Transcripts of Appearance on 2-20_17
Section IV- Legal Analysis
Haines v. Keaner, et al. 404 U.S. 519,92 s. Ct. 594,30 L. Ed. 2d 652:
“Whatever may be the limits on the scope of inquiry of courts into the internal administration of prisons, allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient to call for the opportunity to offer supporting evidence. We cannot say with assurance that under the allegations of the pro se complaint, which we hold to less stringent standards than formal pleadings drafted by lawyers, it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” Conley v. Gibson, 355 U.S. 41,45 46 (1957). See Dioguardi v. Durning, 139 F.2d 774 (CA2 1944).
Baldwin County Welcome Center v. Brown 466 U.S. 147,104 S. Ct. 1723,80 L. Ed. 2d 196,52 U.S.L.W. 3751:
“Rule 8(f) provides that ‘pleadings shall be so construed as to do substantial justice.’ We frequently have stated that pro se pleadings are to be given a liberal construction.“
Estelle, Corrections Director, et al. v. Gample 29 U.S. 97, 97 S. Ct. 285, 50 L. Ed. 2d 251:
“We now consider whether respondent’s complaint states a cognizable 1983 claim. The handwritten pro se document is to be liberally construed. As the Court unanimously held in Haines v. Kerner, 404 U.S. 519 (1972), a pro se complaint, ‘however inartfully pleaded,’ must be held to ‘less stringent standards than formal pleadings drafted by lawyers’ and can only be dismissed for failure to state a claim if it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.; Id., at 520 521, quoting Conley v. Gibson, 355 U.S. 41,45 46 (1957).“
Hughes v. Rowe et al. 449 U.S. 5, 101 S. Ct. 173,66 L. Ed. 2d 163,49 U .S.L. W .3346:
“Petitioner’s complaint, like most prisoner complaints filed in the Northern District of Illinois, was not prepared by counsel. It is settled law that the allegations of such a [pro se] complaint, “however inartfully pleaded” are held “to less stringent standards than formal pleadings drafted by lawyers, see Haines v. Kerner, 404 U.S. 519,520 (1972). See also Maclin v. Paulson, 627 F.2d 83,86 (CA7 1980); French v. Heyne, 547 F.2d 994,996 (CA7 1976). Such a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Haines, supra, at 520 521. And, of course, the allegations of a complaint are generally taken as true for purposes of a motion to dismiss. Cruz v. Beto, 405 U.S. 319,322 (1972).“
Rabin v. Dep’t of State, No. 95-4310, 1997 U.S. Dist. LEXIS 15718:
“The court noted that pro se plaintiffs should be afforded ‘special solicitude.’“
Section VI- Bibliography
: Oppenheim, L., International Law: A Treatise, 8th Ed., Vol. 1, edited by H. Lauterpacht (New York: Longmans, Green & Co., 1955), page 963-964.
: Government Printing Office: “INDIAN AFFAIRS: LAWS AND TREATIES; TREATY OF FORT LARAMIE WITH SIOUX, ETC., 1851”: http://digital.library.okstate.edu/kappler/Vol2/treaties/sio0594.htm