Nick Tilsen’s legal struggles are a fight for Justice

RAPID CITY – After hearing two days of witness testimony, the evidentiary hearing for NDN Collective Founder and CEO Nick Tilsen has been continued. “Unfortunately, they were unable to question and get answers from all the witnesses,” said Valeriah Big Eagle, Director of Partnerships for the organization, “so the hearing will be continued to August first.” NDN Collective has asked Pennington County to drop the charges before that date.

Tilsen was in court after he was charged with aggravated assault and obstruction of a police officer from an incident stemming in 2022.

On June 11, 2022, Tilsen had observed Rapid City Police in the process of detaining a houseless relative in downtown Rapid City. Tilsen attempted to monitor them, concerned for the relative’s wellbeing, so he stopped his car nearby to observe the situation. Officers escalated the situation later that evening by publicly humiliating the unhoused relative, according to a press release from NDN Collective who also said there was “disturbing footage of their actions” captured on their body cameras.

The situation is described on the timeline of the case on NDN Collective’s Facebook page. On June 11, 2022, “Police turn focus to Tilsen and accuse him of assault on law enforcement, despite the officer never being harmed. Tilsen remains in his vehicle because he feels unsafe as he is surrounded by several police cars. Tilsen communicates with an officer and shares what he has experienced,” that he didn’t harm or intend to harm anyone. Tilsen was eventually allowed to leave after the officer received approval from an unknown source.

No other action was taken at that time but more than a year later a complaint and warrant for Tilsen’s arrest were filed on June 30, 2023, after the officer involved alleged Tilsen attempted to run him over in that 2022 incident.

According to coverage in Indian Country Today, Officer Nicholas Glass testified on the opening day of the proceedings that he had his back turned to Tilsen’s pickup truck when he became aware of the vehicle’s movement in his direction. Glass indicated that the truck came to a halt roughly one to two feet away from where he was standing.

Tilsen says that the officer wasn’t touched at all, and the charges have been falsified, that local prosecutors intentionally sought out the policer officer and encouraged him to press charges. Katie Urban from the South Dakota State Attorney’s Office told Indian Country Today that “it’s simply not true” that Tilsen is being targeted. “These cases are based on the evidence and our ability to prove the charges beyond a reasonable doubt.”

During the second day of testimony, witness testimony included explaining how digital evidence is gathered and the audit trail not only for the camera but also for the piece of digital evidence- showing when it was created, how it was started, categorized, who accessed it, whether or not they played the video, when it was electronically shared with in this case the State’s Attorney’s Office. It was explained that four documents that are audit trails for specific pieces of digital evidence as well as the chain of custody for a physical piece of evidence in the case which is a USB were placed into physical evidence.

Former Rapid City Mayor Steve Allender took the stand. Tilsen’s attorney Bruce Ellison referenced a phone conversation that they had between them, in which Allender was referring to notes he had taken and asked if Allender had brought those notes with him. Allender responded that he had not.

When asked what he knew about NDN Collective Allender said, “I can’t say, I know ,other than what I’ve read on their website generally speaking advocating for Native people and issues.” He said that was about all he could say he knew. Ellison asked if the city had spent time working with NDN Collective. “We tried,” responded Allender.

Allender was hazy on details of various protests, including the protest at Mt. Rushmore, but said it was probably about having something to do with a visit from President Donald Trump.

Allender said he couldn’t recall if there was an increase in tensions in 2023. “I don’t recall noting any increase.” That month the Department of Justice had said it would be putting resources into investigations of unsolved crimes and related crimes against Native Americans into a number of states, including South Dakota.

Allender had released a public safety message regarding the July 4 protest to advise community members what was going on, what the city was planning for and how people could help.

Allender said he was aware that racism has been an ongoing theme numerous Native organizations. Allender said that he wasn’t aware that NDN Collective was calling for a civil rights investigation. “It sounds familiar, but I can’t remember the details of any of that.” In June of 2023, Tilsen had initiated mediation with the Department of Justice regarding the tensions in Rapid City.

Tilsen’s defense has verbalized what many in the Native community feel and have experienced, that this trial represents a pattern of targeting and over-criminalizing the Native community and Indigenous movement leaders.

Natalie Stites Means highlighted how data can be weaponized, suggesting political influence in the criminal justice process. She doubted the credibility of the alleged victim, questioning the seriousness of an aggravated assault with no physical injuries.

Means also noted that significant resources are used to target activists, including Tilsen, reflecting on her own experience being arrested for a speeding ticket in October 2024. “I fought it and was found not guilty,” said Means.

Community advocate Jean Roach mentioned the city’s targeting of protesters, citing over 30 people charged during an MMIW (Murdered and Missing Indigenous Women) walk for impeding traffic. Lloyd Big Crow, Sr., a community member who hosts meals each Friday was arrested and convicted for obstructing traffic during the walk.

“This is more than just advocating for Nick Tilsen,” said Big Eagle. “It’s fighting for all people. He’s being targeted as an Indigenous movement leader because he stands up for what is right. We are asking people to support him and this movement.”

NDN Collective noted that the day of the officer filing was the same day that they had announced they would be hosting a July 4th March Towards Justice to raise awareness of the ongoing police violence targeting the Indigenous community and to demand police accountability. They announced publicly that while the march would be non-violent, it would disrupt business as usual as they planned to have many people marching from East Boulevard to the Rapid City Public Safety Building. Then mayor Steve Allender issued public safety message also that day, advising against the protest and cautioning about potential violence. The march was peaceful as planned.

Statistics of Native incarceration remain high. There were 79 police involved shootings statewide from 2001-2023 with zero convictions of police officers. Three quarters of the fatal shooting victims were Indigenous people, according to statistics compiled by NDN Collective from police departments around the state. Native Americans in South Dakota make up ten percent of the population but make up fifty one percent of the people incarcerated.

NDN Collective has been putting a lot of pressure on the city and state to be more transparent. They kicked off their Rapid City vs Racism campaign to address issues of racism, discrimination and racial inequality in 2020. The advocacy organization has been pushing for a federal investigation into the Rapid City Police Department for more than three years. The organization has filed 208 Freedom of Information Acts (FOIAs) with various law enforcement agencies, including the Pennington County Sheriff’s Office and the RCPD.

Out of 208 FOIA requests for dash and body camera footage from officer-involved shootings involving Indigenous individuals, 8 found no documents, 194 are unacknowledged, and 6 were denied. South Dakota laws shield police departments from public transparency and accountability.

“We saw much of what we would expect,” said NDN Collective President Wizipan Little Elk Garriott. “It’s frustrating when the truth is not put at the forefront. In order to have justice you have to have the truth. Part of the larger scenario, what is really happening here are these tactics to suppress freedom of speech, to suppress those who stand up for human rights and our constitutional rights. We see this, what happened yesterday that makes you wonder what other Native American who have gone through this system have face and are facing. And so it’s really important that we continue to stand up for the truth and make sure it comes forward.”

Little Elk Garriott said “police cameras have been proven to be an effective tool, when used correctly, to provide a full and clear picture of what happens. And they are there to protect the police themselves, but also those who are interacting with the police. You have a great tool, but you have to use the tool. And when we don’t use those tools correctly, it doesn’t achieve its purpose.”

(Contact Marnie Cook at cookm8715@gmail.com)

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