Felony charges against protesters accused of locking themselves to construction equipment, or conspiring to do so, were put to the test Monday.
Judge John Grinsteiner found probable cause that Corey Maxa, who is accused of locking himself to a track hoe in protest of the Dakota Access Pipeline, recklessly endangered the lives of first responders who helped take him down.
But Grinsteiner did not approve a felony charge of conspiracy to commit reckless endangerment against Marcus Frejo, who is accused of conspiring to attach himself to equipment. Assistant State's Attorney Brian Grosinger later said he would drop the same charge against Morgun Frejo, who was also charged in that incident.
Protesters have locked themselves to equipment with devices known as sleeping dragons on numerous occasions during the past two months. The contraptions are made of PVC or steel pipe glued or welded together at a 90-degree angle, Mandan Police Lt. Scott Stromsodt testified in court. People put their arms through the pipe around equipment and attach their wrists to an internal rod with a carabiner. It is possible for that person to unhook himself or herself, but anyone else would have to saw through the pipe.
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Stromsodt testified as a member of the "cut team," responsible for removing protesters from large equipment. During a preliminary hearing for Maxa, he talked about the dangers associated with removing people from equipment.
Stromsodt said he was at risk of slipping and falling 10 to 12 feet while cutting Maxa down from a construction site near New Salem on Sept. 13. Because Maxa's device was made of steel, sawing it off caused sparks and shards to fly, endangering Maxa and law enforcement, he said.
Stromsodt also testified that he was also at risk of electrocution, because officers had to pour water continuously onto the pipe to protect Maxa from being burned as they used an electric saw on it.
Stromsodt said he talked to Maxa early that day, explaining the dangers of the procedure and offering him the chance to release himself. Maxa told him he might release himself at the end of the workday, but Stromsodt told him that because he was preventing legal work on the pipeline, he could not spend the day up there.
In the case of Marcus Frejo, accused of conspiring to commit reckless endangerment on Sept. 14, the evidence presented boiled down to video of him walking away from a construction site with Morgun Frejo, who was allegedly carrying PVC pipe.
Grosinger stated that the brothers had gone to the construction site "for a purpose" and "for some reason they chose not to follow through, then they left and went back." But Marcus Frejo's defense attorney, Erica Shively, called the charge "really a stretch."
Though he dismissed the felony charges against Marcus and Morgun Frejo, Grinsteiner allowed misdemeanor charges against them to stand. They are each scheduled for trial on Dec. 23. Maxa is scheduled for trial on Jan. 5.
A preliminary hearing for Wanikiyewin Wi Loud Hawk, who is accused of attaching herself to an excavator near New Salem on Sept. 14 and charged with reckless endangerment, was postponed because her attorney was not present.