Wednesday, January 17, 2018

DAPL Protester Accused in Shooting Reaches Plea Deal



The following as reported by the AP 
BISMARCK, N.D. (AP) — A Denver woman accused of shooting at law officers during protests in North Dakota against the Dakota Access oil pipeline has reached a deal with prosecutors to avoid trial. 
Attorneys for Red Fawn Fallis said the decision was based on anti-protester sentiment in the area and unsuccessful attempts to have a judge order the prosecution to turn over more information, including details about an FBI informant Fallis alleges seduced her and owned the gun. 
"Red Fawn has been fighting an uphill battle at every stage of this case," her attorneys said in a statement late Tuesday. 
U.S. Attorney Chris Myers on Wednesday declined comment until after the case is resolved.



Fallis was to stand trial in federal court in Fargo beginning Jan. 29 on accusations that she fired a handgun three times during her October 2016 arrest. No one was injured.
She earlier pleaded not guilty to civil disorder and weapons charges, including illegal possession of a gun by a convicted felon. She has a 2003 conviction in Colorado for being an accessory to a felony crime. 
Fallis is now scheduled to plead guilty Monday in federal court in Bismarck to the civil disorder and gun possession counts. Prosecutors would drop a more serious weapons charge — discharge of a firearm in relation to a felony crime of violence — that carries a minimum prison sentence of 10 years and the possibility of life. Prosecutors also would recommend no more than seven years, according to Fallis' attorneys. 
U.S. District Judge Daniel Hovland must approve the plea deal, and he could sentence Fallis to up to 10 years. 
"Red Fawn has made the very difficult decision to enter into a plea agreement that still risks significant prison time, but removes the mandatory minimum and the possibility of life imprisonment," her attorneys said.
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The plea bargain is beyond generous.