BISMARCK, N.D. – A federal judge says prosecutors can cite threatening statements that a Denver woman made after she allegedly shot at police during an oil pipeline protest in North Dakota.
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Attorneys for Red Fawn Fallis wanted to suppress evidence and statements obtained during her arrest last year at a Dakota Access pipeline protest. District of North Dakota Chief Judge Daniel Hovland denied the requests on Friday, the Bismarck Tribune reported .
The 38-year old woman is accused of firing a handgun three times at officers during her October 2016 arrest. No one was injured.
Testimony from officers quoted Fallis as saying, “All pigs deserve to die” and “If I wanted to kill you, I would have shot you in the head.” Seven officers involved in Fallis’ arrest and a protest camp peacekeeper testified in the extended suppression hearing earlier this month.
Hovland ruled that Fallis’ alleged statements were voluntary and weren’t derived from interrogation.
Officers also testified that Fallis squirmed, kicked and wrapped her legs around a deputy. Officers said Fallis spread her fingers to interfere with being handcuffed.
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Hovland wrote that there is “more than sufficient evidence” showing that Fallis resisted arrest.
“(H)er conduct in physically resisting arrest, including brandishing and discharging a firearm, clearly provided an independent grounds for her arrest,” he wrote.
Fallis pleaded not guilty to federal charges including the discharge of a firearm during a violent crime and possession of a firearm by a convicted felon. She is scheduled to stand trial beginning Jan. 29.
