- Details
- By Levi Rickert
A judge declared a mistrial Wednesday in the criminal case against Nick Tilsen, founder and CEO of the Indigenous-led organization NDN Collective, after jurors were unable to reach a unanimous verdict following nearly six hours of deliberation.
The decision came at the conclusion of a three-day trial stemming from a June 11, 2022, incident in downtown Rapid City. Tilsen, a nationally recognized Indigenous activist and community leader, faces charges of aggravated assault, simple assault, and obstruction of law enforcement.
“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,” Tilsen said. “The fight is not over.”
Prosecutors alleged that Tilsen drove his pickup truck toward a Rapid City police officer who was interacting with an unhoused man, arguing the action was intended to place the officer in fear of bodily injury. The defense countered that Tilsen was attempting to park his vehicle and had not intended to threaten or harm the officer.
Tilsen testified in his own defense, telling jurors he was concerned for the safety of the unhoused individual and feared for his own safety amid broader concerns about police violence against Native people. Defense attorneys argued that surveillance and body-camera footage showed Tilsen turning his steering wheel away from the officer as the vehicle moved forward.
Jurors reviewed video evidence from the incident and heard conflicting testimony from Tilsen and the officer involved. Prosecutors maintained that the vehicle was used as a weapon to intimidate, while the defense argued the evidence did not support that claim.
With the jury unable to reach consensus on the charges, the judge declared a mistrial. Under South Dakota law, prosecutors have 45 days to determine whether to retry the case or dismiss the charges.
Tilsen remains under indictment on all counts. If convicted, he could face significant prison time. As of publication, prosecutors have not announced whether they will pursue a retrial.
Following the mistrial, Tilsen issued a statement thanking supporters and reaffirming his commitment to continue the legal fight. “I’m grateful for everyone who stood with me through the latest iteration of this lengthy legal battle,” he said, adding that the “fight is not over.” He acknowledged the support of family members, spiritual leaders, and medicine people throughout the process.
Gaby Strong, vice president of NDN Collective, also released a statement expressing continued support for Tilsen as the case moves forward.
The trial has drawn national attention due to Tilsen’s leadership within the Indigenous rights movement and the broader implications surrounding policing, racial justice, and Native civil rights.
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