Nick Tilsen faces possible retrial after jury deadlocks in assault case

RAPID CITY – A mistrial was declared on January 29, 2026, in the trial of Nick Tilsen, NDN Collective CEO and founder, who is charged with assault of Rapid City Police Officer Nicholas Glass. The 12 jurors deliberated for about six hours at the Pennington County Courthouse before the judge concluded that further progress wasn’t possible. The state now has 45 days to determine whether it will pursue a retrial. Tilsen remains under indictment as the legal process continues.

While it had been hoped the charges would be dropped by the end of trial on Wednesday, there was a sense of temporary relief. “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 Tilsen, in a press release. “The fight is not over.”

“Nick’s community continues to stand behind him,” said Gaby Strong, NDN Collective’s Vice-President.

The delayed filing of the initial charges, aggravated assault on law enforcement officer and obstructing law enforcement, raised doubts about the legitimacy of them. The event happened on June 11, 2022. Tilsen was eventually allowed to leave the scene. Nearly a year later, on June 30, 2023, Glass filed the charges alleging that Tilsen attempted to run him over.

During the first week of this year, Tilsen was notified by the Pennington County grand jury that simple assault on a law enforcement officer had been added to the list of charges. NDN Collective in a press release said they believe the charges are politically motivated and that the latest charge which would be a felony, would be easier to prosecute. The simple assault on law enforcement is classified as a felony because it involves a violation of the officer’s authority and poses a risk to the officer’s safety. It is considered more serious than a misdemeanor due to the potential for harm to the officer and the legal consequences that can follow a conviction. NDN Collective said that the additional charge is further proof of political motivation and an abuse of power.

The thirteen jurors including an alternate were engaged, attentive, and often taking notes during the two and a half day trial. After closing arguments, the alternate was randomly chosen and excused before twelve of them began deliberation.

Glass had testified that the night of the event he had seen a person who appeared to be weaving across the crosswalk and running into traffic. He said he stopped the individual as he was concerned about his welfare.

Tilsen testified that at the same time he had been driving home from a family celebration and had no intention of monitoring any police action, when he happened to witness police interacting with a houseless individual. He calmly circled the block and parked in the only available parking stall that he saw, which was the one Glass was standing alongside.

During closing arguments, the prosecution maintained that Tilsen attempted to hit Glass with his truck and attempted to obstruct Glass from performing his duties. They characterized Tilsen as “menacing” Glass and that his real intention was to manufacture police abuse to raise funds online, and implied that that was his general purpose.

During trial, prosecutors played police cam footage, dash cam footage, and footage from a nearby business that showed Tilsen carefully turning the corner, driving past parked vehicles, and then slowly pulling into the parking spot. At one point, the vehicle appears to jerk as Tilsen is attempting to park. He said he wasn’t able to see Glass due to other parked vehicles until he was turned into the stall. Tilsen admitted that he “let off the brake and hit the gas” as he was attempting to pull forward and to the right of where Glass was standing. The prosecution told the jury that Tilsen’s explanation of his conduct doesn’t add up and said that evidence shows Tilsen was attempting to intimidate the officer. They said jurors should consider the truck as a deadly weapon. Prosecution said a recent appearance that Tilsen made on a podcast where he “rewrote the details” of the event as further proof of his motivation to misrepresent the details of the encounter.

The defense said that Glass was exaggerating when he was on the stand. During the trial Glass was unable to determine distance in yards or feet when asked under intense questioning by attorney John Murphy and said he would need an analysis of the site.

During closing, Murphy apologized for his frustration when he questioned Glass, asking the jury not to hold it against his client. He said he got a little exasperated, but he had a right to “when an adult man can’t give me an estimate unless he can get a site survey.” He said Glass played word games in his grand jury testimony, like “dart into traffic” and “revved the engine” which video footage did not support. “A poor word choice,” said attorney John Murphy.

Murphy questioned why the filing of charges was delayed, and why more charges were added. He said the alternative charges in the case were unnecessary but were added “hoping the jury would decide on a compromise verdict.”

“This case is about facts,” said Murphy and asked if the state had proved beyond a reasonable doubt. “The state has been trying to work up sympathy for Glass with feelings and not facts.” Murphy asked the jury to apply the facts saying the “state hasn’t met its burden. Vote not guilty.”

(Contact Marnie Cook at cookm8715@gmail.com)

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