Law Enforcement Reports October 27

Morton County SO Case Report Case Report Number MT-16-001874-003 Case Number: MT-16-001874 CFS Number: Subject 90JA - Criminal Trespass Coordinate X Entered On 10/30/2016 5:24:52 PM Coordinate Y Entered By 4467 - KRIZAN, JASON C Call Source Reported On 10/27/2016 Related Cases Reporting Officer 4467 - KRIZAN, JASON C Means Report Type C - Crime Report Disposition 2 - Arrest Motives Thursday 10/27/2016 11:15:00 AM Vehicle Activity R - Radio Assisted By Occurred On (Date and Time) Direction Vehicle Traveling Or Between (Date and Time) Cross Street Location Name Notified Address Hwy 1806/ Co Rd 134 CSZ Mandan, ND 58554 Jurisdiction Morton County District Exceptional Clearances Basis Exceptional Clearance Date Sector Summary Offense Offense 90ZPT - Engaging in Riot Code Section IBR Code Premises Entered Entry 90Z Statute Suspected of Using Weapons Location Type 13 - Highway/Road/Alley Criminal Activity Completed Y - Yes Type Security Hate/Bias 88 - None (No Bias) Tools Offense 90JA - Criminal Trespass Hate/Bias Code Section IBR Code None/Unknown 88 - None (No Bias) Premises Entered 90J Statute Entry Suspected of Using Location Type 10 - Field/Woods Weapons Completed Y - Yes Criminal Activity None/Unknown

Case Report Morton County SO Type Security Tools Offenders Arrestee Name Alias Photo 1 Photo 2 Address CSZ Address Type County Country - Home Phone Number Phone Type Email Address C-Cdl Sex - Male Hair Color Weight - Race - White Hair Style Resident - Nonresident Ethnicity - Not of Hair Length POB unknown Facial Hair DLN in DL State :08 Complexion DL Country ge I Teeth SSN Color Height Scars, Marks and Tattoos Location Description Attire MO Employer/School Employer Address Habitual Offender Employer CSZ Status Occupation/Grade Arrested For QOZPT - Engaging in Riot State Number Arrest Number Arrest Date 10/27/2016 Arrest Type - On-view/On Scene Arrest Location Armed With 01 - Unarmed Force Level Multi-Clearance - Not Applicable Date/Time Booked FBI Number Booked Location Printed 1/21/2017 9:25 PM Page 2 of 15

Case Report Morton County SO Date/Time Released Miranda Waived Released Location Number of Warrants Released By Juvenile Dispo. Release Reason Adult Present (Name) Held For Detention Name Fingerprints Notified Name Photos Notes Miranda Read Name Alias Photo 1 Photo 2 Address 082 Address Type County Country - Home USA - United States Of America Phone Number Phone Type Email Address Sex - Female Hair Color Resident - Nonresident Race - White Hair Style POB unknown Ethnicity - Not of Hair Length DLN grsganic/Latmo Facial Hair DL State Complexion DL Country USA - United DOB Teeth States of America Age I . SSN id Juvenile - No HUI. ht - eig Color Weight - Scars, Marks and Tattoos Location Description Attire MO Employer/School Employer Address Habitual Offender Employer CSZ Status Occupation/Grade Printed 1/21/2017 9:25 PM Page 3 of 15

Case Report Morton County SO Arrested For Arrest Number Arrest Type Armed With Multi-Clearance FBI Number State Number Arrest Date Arrest Location Force Level Date/Time Booked Booked Location QOZPT - Engaging in Riot - On-view/On Scene 01 - Unarmed - Not Applicable 10/27/2016 Released By Release Reason Held For Fingerprints Photos Miranda Read Miranda Waived Number of Warrants Juvenile Dispo. Adult Present (Name) Detention Name Notified Name Date/Time Released Notes Released Location Name Alias Photo 1 Photo 2 Address CSZ Address Type County Country - Home Phone Number Phone Type Email Address - Home Sex - Male Hair Color Weight - Race - American Indian Hair Style Resident - Unknown 0' Nat'Ve Hair Length POB unknown His anic/Latino Origin DL State Complexion DL DOB ountry Teeth SSN Age I _ld UI Juvenile - No ht ei Color - Scars, Marks and Tattoos Location Description Printed 1/21/2017 9:25 PM Page 4 of 15

Case Report Morton County SO Attire MO Employer/School Employer Address Habitual Offender Employer CSZ Status Occupation/Grade Arrested For QOZPT - Engaging in Riot Released By 90JA - Criminal Trespass Release Reason Arrest Number Held For Arrest Type - On-view/On Scene Fingerprints Armed With 01 - Unarmed Photos Multi-Clearance - Count Arrestee Miranda Read FBI Number Miranda Waived State Number Number of Warrants Arrest Date 10/27/2016 Juvenne Dispo. Arrest Location Adult Present (Name) Force Level Detention Name Date/Time Booked Noti?ed Name Booked Location Notes Date/Time Released Released Location Name Alias Photo 1 Photo 2 Address 082 Address Type County Country Unknown - Home Phone Number Phone Type Email Address (000) 000-0000 - Cell Sex - Male DOB Hair Style Race - American Indian Age I Hair Length 0' AlaSka Juvenile - No Facial Hair Ethnicity - Not of - Hispanic/Latino Color CompleXIon Origin Hair Color Teeth Printed 1/21/2017 9:25 PM Page 5 of 15

Case Report Morton County 80 Build Resident - Nonresident DL State Height - POB unknown DL Country Weight - DLN SSN Scars, Marks and Tattoos Location Description Attire MO Employer/School Employer Address Habitual Offender Employer CSZ Status Occupation/Grade Arrested For 90JA - Criminal Trespass Released By QOZPT - Engaging in Riot Release Reason Arrest Number Held For Arrest Type - On-view/On Scene Fingerprints Armed With 01 - Unarmed Photos Multi-Clearance - Count Arrestee Miranda Read FBI Number Miranda Waived State Number Number of Warrants Arrest Date 10/27/2016 Arrest Location Force Level Date/Time Booked Juvenile Dispo. Adult Present (Name) Detention Name Notified Name Booked Location Notes Date/Time Released Released Location Name Alias Photo 1 Photo 2 Address 082 Address Type County Country - Home Phone Number Phone Type Email Address - Ce" Printed 1/21/2017 9:25 PM Page 6 of 15

Case Report Morton County SO Sex - Female Color Weight - Race - American Indian Hair Color Resident - Nonresident 0' A'aSka Native Hair Style POB unknown Ethnicity N.- Not'of . Hair Length DLN Hispanic/Latino Origin Hair DL State DOB Complexion DL Country Age I Teeth SSN 000-00-0000 Juvenile - No BUild Height Scars, Marks and Tattoos Location Description Attire MO Employer/School Employer Address Habitual Offender Employer CSZ Status Occupation/Grade Arrested For 90JA - Criminal Trespass Released By Arrest Number Release Reason Arrest Type - On-view/On Scene Held For Armed With 01 - Unarmed Fingerprints Multi-Clearance - Count Arrestee Photos FBI Number Miranda Read State Number Miranda Waived Arrest Date 10/27/2016 Arrest Location Force Level Date/Time Booked Booked Location Date/Time Released Released Location Number of Warrants Juvenile Dispo. Adult Present (Name) Detention Name Noti?ed Name Notes Victims VV?nesses Other Entities Properties Printed 1/21/2017 9:25 PM Page 7 of 15

Case Report Morton County so Narrative 10/30/2016 5:31:54 PM I 4467 - KRIZAN, JASON I, Corporal Jason Krizan, arrested_ for Engaging in a Riot on Thursday October 27, 2016. I was working DAPL Protest overtime on October 27, 2016. I was part of an arrest team that was taking part in the multijurisdictional operation to remove DAPL protesters from the roadway on Highway 1806 near DAPL site 128, the north camp. The protesters were instructed to gather their belongings and move south on Highway 1806 to the south protester camp and they would not be arrested. The protesters were warned that if they did not move to the south camp and remained in the area of the north camp they would be arrested. I was on the frontline with my arrest team when a male approached another member of the team, Corporal Dion Bitz. Bitz instructed the male to gather his belongings and move to the south camp, the male did not comply. Bitz instructed the male again to move to the south or he would be arrested. the male did not comply and stood in front of Bitz and tried to engage him in conversation. I stepped behind the male and placed him under arrest and instructed him to place his hands behind his back and attempted to place him in flex cuffs. The male was holding a recording device and did not want to let go of it, I told him he did not have to let go of the device he just needed to cooperate and allow me to hand cuff him. The male kept grabbing a hold of my right hand and would not let go, I told him to let go of my hand and stop resisting twice this was when Deputy Josh Pastir stepped in and assisted me in getting the male handcuffed. Once the male was handcuffed he was turned over to the transport team. informed the transport team of my badge number and agency and they included it with his paper work. The male they identified as? was placed into a transport van and transported to the LEC in Mandan for processing. 67 11/4/2016 8:34:31 AM I 4467 - KRIZAN, JASON l, Corporal Jason Krizan, arrested_ for Engaging in a Riot on Thursday October 27, 2016. was working DAPL Protest overtime on October 27, 2016. was part of an arrest team that was taking part in the multijurisdictional operation to remove DAPL protesters from the roadway on Highway 1806 near DAPL site 128, the north camp. The protesters were instructed to gather their belongings and move south on Highway 1806 to the south protester camp and they would not be arrested. The protesters were warned that if they did not move to the south camp and remained in the area of the north camp they would be arrested. was on the frontline instructing protesters to move to the south camp. I encountered a female protester that refused to move to the south and sat down in the middle of the road. I instructed the female to stand up and move to the south, she refused to move again. I took a hold of the females left arm and an Highway Patrolman that was near me took a hold of her right arm. I told the female she was under arrest and we carried her to a transport van that was staged behind the police line. The female was handcuffed and turned over to the transport team. informed the transport team of my badge Printed 1/21/2017 9:25 PM Page 8 of 15

Case Report Morton County 80 number and agency and they included it with her paper work. The female they identified as_ was placed into a transport van and transported to the LEC in Mandan for processing. 67 11/9/2016 3:01:53 PM I 4457 - BITZ, DION On 10/27/2016 I was apart of an arrest team consisting of Corporal Krizan, Deputy Pastir and Deputy Selle while removing people form a road block on Hwy. 1806 and what is referred to as The North Camp which is private property. Protestors to the Dakota Access Pipeline decided to occupy the private property to halt construction work of the pipeline. Protestors also blocked the highway claiming they were taking the land by eminent domain. During the push to remove the road block and remove protestors from the private property I arrested? refused to move off ofthe private land. pleaded with her to move South to the South Camp and explained that I did not want to arrest her. refused to talk, acknowledge me or even move. She simply looked into the ground. I explained to her that I would have no choice but to arrest her if she failed to leave. Again, she would not move. I placed her under arrest for criminal trespass and she was turned over to Parole and Probation for identification and transport. During this time a male,? approached us and asked if he could talk to her. I told him he could for a short period of time. He could not get her to talk either. I asked him to move to the South Camp and he began to refuse and said he was going to jail with her. arrested?as well. Shortly after_ was arrested a male walked up to me and asked why I was carrying MK46 pepper spray. I told the person to get back, I told the person to move to the South Camp or he would be arrested. The male stuck a digital recorder near my mouth and said he was a reported orjournalist. Because he was refusing to leave the private property and interfering with my duties I pulled him away from the line of Law Enforcement and placed him under arrest. Due to the MK46 canister in my hand I requested Deputy Krizan assist with hand cuffing the male. The male resisted by pulling his hands away and curling them upwards in an effort to avoid being handcuffed. The male was turned over to parole and probation for identification and transport. He was later identified as? Once the North Camp was partially contained I was directed to go to Hwy. 1806. A pick up was parked on the roadway, logs stacked in front of it seperating law enforcement form the vehicle and the protestors. Several protestors sat on the logs and locked arms. They had been given several warnings to leave and walk to the South Camp. Many stayed sitting on the logs. I grabbed one male by the shirt and pulled him off the logs. He was placed under arrest and handcuffed. He was turned over to parole and probation for identification and transport. He was identified as? 11/17/2016 8:26:02 AM I - Officer, Other Agency October 27th, 2016 1. I, Jesse Jahner, am a Captain with the Cass County Sheriff?s Office and also the Assistant Commander of the Red River Valley SWAT Team. I have been employed with the Cass County Sheriff?s Office since May, 1998, and with the Red River Valley SWAT Team since 2002. I have also been sworn as a Special Deputy with the Morton County Sheriff?s Office over the past few months. I graduated from North Dakota State University in December, 1997, with a Bachelor of Science degree in Humanities and Social Sciences, emphasis in classes in criminal justice. In 2000, I received my Peace Officer License by passing the Peace Officer Standards and Training Board. Since my time at the Sheriff?s Office, have accumulated over 2100 hours of Peace Officer Post Board approved training. In 2003, I completed the Post Board Printed 1/21/2017 9:25 PM Page 9 of15

Case Report Morton County SO required Method of Instruction and became a certified Peace Officer Instructor. Since that time, I have provided over 1728 hours of certified training to law enforcement officers in the States of North Dakota, Minnesota and South Dakota. I am currently certified to teach Chemical Munition Recognition and Deployment, Less Lethal Deployment, Active Shooter Response, SWAT Tactics Basic, Advanced SWAT, Barricaded Gunman and Hostage Rescue Response, Firearms Training, Taser deployment, PPCT Defensive Tactics and Use of Force. I currently chair the Use of Force Committee at the Cass County Sheriff’s Office. I have taken advanced classes in Training and Risk Mitigation and High Risk Planning through the National Tactical Officers Association. During my time with Red River Valley SWAT, I have been in numerous dangerous, rapidly evolving situations involving high risk entry search warrants, barricaded gunmen and active shooters. In five of these incidents, suspects have fired gunshots upon officers, including one incident where one of our SWAT members was shot in his helmet and another incident where a Fargo Police Officer was shot and killed. These types of unfortunate situations have taught me that proactive planning for protection/cover, prepared evacuation plans, medical plans, tactical planning, availability of up armored capabilities for evacuation vehicles and, on occasion, displays of large amounts of officers will help to save people’s lives and sometimes diffuse situations before individuals get hurt. 2. On October 23, 2016, I along with other law enforcement officers were asked to put an operational plan together to remove protestors from the north approach of the Cannonball Ranch, Highway 134 Bridge, and remove road blocks that were erected by the protestors on Highway 1806 and on a bridge on Highway 134. Highway 1806 is a 65 mph highway. Protestors were also camping in the ditch right away of Highway 1806, in the same area. The Cannonball Ranch, the area known as the “north camp” and Highway 134 are areas located in Morton County North Dakota. This particular area is an area where the Dakota Access Pipeline (DAPL) is installing an oil pipeline, which runs through North Dakota to Illinois. Individuals are protesting the pipeline and had set up a camp in these areas in an event to stop the construction of the pipeline. This north camp area is owned by DAPL, and the individuals who were camping on the property were criminally trespassing. The protestors had been told on numerous occasions that they were trespassing and would have to leave the north camp area. The protestors were occupying and barricading this area to keep law enforcement from removing them from the private property. I, along with other members of law enforcement, were tasked with putting together a plan to remove individuals by having them disburse from the north approach area and to remove the road blocks on Highways 1806 and 134. 3. On October 26, 2016, law enforcement was going to execute the operational plan to remove the protestors from the north camp property. Early that morning, law enforcement received information that our plan had been compromised as the protestors were aware of parts of our plan and had started to prepare for a confrontation with law enforcement. Having intercepted this information, the decision was made to not execute the plan for the safety of everyone involved; the protestors, citizens and law enforcement officers. Instead, Sheriff Kyle Kirchmeier, Sheriff Paul Laney, Colonel Mike Gerhart and Adjutant General Alan Dohrman met with camp leaders in this area to try to come to a peaceful resolution and ask the protestors to leave on their own one last time so that no one would get hurt or arrested. An individual they spoke to was identified as Brian Wesley Horinek, who is also known as Mekasi. Mekasi is known to law enforcement because he had been at several other protest sites. Mekasi had been identified by Standing Rock Tribal Chairman David Archambault as a camp leader. The conversation between all these individuals was recorded. The following are paraphrased statements and accounts of their discussion. During the conversation, Sheriff Laney told Mekasi that law enforcement did not want a confrontation with protestors, asked Mekasi to stand his people down and to have his people go back to the main camp, where the Army Corps of Engineers was allowing them to camp, and try and talk things out. Mekasi told Sheriff Laney that Highway 1806 was a no surrender line and that the north camp is no retreat. Sheriff Laney asked Mekasi if that was his final decision, and Mekasi stated that it was. 4. Based on Mekasi’s statements and response that the protestors were not leaving and that this was going to be their last stand, the decision was made to come up with a new operational plan to remove protestors from the area. At this point, protestors had been given numerous warnings and opportunities to leave the north camp property so that there wouldn’t be a confrontation with law enforcement or any arrests of protestors. Protestors continued to criminally Printed 1/21/2017 9:25 PM Page 10 of 15

Case Report Morton County SO trespass on the property and refused to avoid a confrontation with law enforcement. Based on their decision to continue to break the law and trespass, a plan was put together to remove them from the property. On the early morning hours of October 27, 2016, I briefed the plan to law enforcement. Based on my experience over the past several weeks of working the protests and my training, I planned for several contingencies and safety considerations for protestors, the citizens of Morton County and law enforcement officers. I knew, based on my training and experience both as a law enforcement officer and as the assistant commander of Red River Valley SWAT, that safety to everyone involved was going to need to be well thought out and planned for. Law enforcement had gathered intel over the past several weeks through law enforcement officers who had been in the camp, protestors who had been in the camp and cooperated with law enforcement and through monitoring social media posts from the camp and protestors, that there were very possibly weapons in the camp. I had personally observed several of these weapons on protestors at protestor sites. I had observed large knives and an individual shoot an arrow towards law enforcement. I had also observed protestors with hatchets and crowbars. Law enforcement had received Information from individuals in the camp who indicated they observed weapons in the camp, to include long rifles. There was also a post of an individual with a 50 caliber rifle on social media. I personally observed this same person at a protest site. Protestors had purchased bear spray and wasp spray to use against law enforcement as mace and in one incident, bear spray was removed from a protestor. On some of the past protests, I had noticed individuals versed in tactical movements, where individuals would try to flank officers and take high ground positions. Protestors were also using communication and scouts to organize their activity. Based on my training and experience, these individuals had either military or law enforcement training. There were social media posts of individuals coming to the protests to shoot officers. One post indicated something to the effect of, one shot to the head would do the trick. I had also observed posts of individuals in the protest camp make mention of having access to Molotov Cocktails. Knowing all of this information, I knew that law enforcement would need additional armor as our current body armor would not stop sharp instruments from penetrating it. I also knew we would need armored vehicles, to protect officers from Molotov Cocktails and other types of explosives and to act as rescue and cover vehicles, and helmets, in attempt to stop sharp objects from harming or killing officers. 5. As law enforcement put the plan together, I staged additional ambulances at the staging area because of the vast information on weapons and posts about using them towards law enforcement. I created a rally point and evacuation routes to evacuate injured citizens, protestors or officers to staged ambulance positions. I incorporated up armored vehicles for protection from arrows, hatchets, knives and explosive devices, should they be used against law enforcement. I also knew from my training and experience that if we had a large show of officers and equipment, this could potentially save lives as individuals may not try and fight or have a confrontation with law enforcement if they knew they were possibly outnumbered; they would hopefully just leave the private property without a confrontation. 6. The plan was executed. Law Enforcement arrived in the area of the north camp, on Highway 1806. I immediately observed that Law enforcement was outnumbered. I also noticed that several protestors had come prepared for a confrontation with law enforcement, as they were wearing goggles and gas masks to defeat Oleoresin Capsicum (OC) spray and wearing bandanas over their face so that law enforcement could not identify them if they were involved in a confrontation. I observed several individuals carrying knives. 7. Law enforcement started to give several commands to the protestors. Our plan was to not arrest individuals unless they resisted and would not leave the property. Commands were given from both Lt. Glen Ternes, who was in the Bearcat, and I, on foot, using a bullhorn for protestors to move to the south off of the property, and if they did they would not be arrested. It was explained time and time again and over and over that if protestors just left the property, they would not be arrested. Lt. Ternes and I continued to voice this message over and over. As we began to approach the camp, protestors started a vehicle on fire. This created a very dangerous situation because law enforcement did not know if the vehicle still had fuel in its fuel tank. Law Enforcement called in the Mandan Volunteer Fire Department to put out the fire. This put firefighters in danger from both the fire and protestors who were very volatile. As Law Printed 1/21/2017 9:25 PM Page 11 of 15

Case Report Morton County SO enforcement continued to try and get people to disburse from the property, protestors continued to resist, even though they were asked several times to peacefully disburse. At one point, protestors started to throw water bottles, feces and wood logs at officers. One Officer’s had to be taken to the hospital for injuries to his arm when he was hit with one of the wood logs. In my experience and training officers showed great restraint towards protestors. According to North Dakota Century Code 12.1-05-02, conduct engaged in by a public servant in the course of their official duties is justified when it is required by law. North Dakota Century Code 12.1-05-03 states that a person is not justified in using force for the purpose of resisting arrest. North Dakota Century Code 12.1-05-07 states that an individual is not justified in using more force than is necessary and appropriate under the circumstance. Deadly force is justified when it is expressly authorized by law and when it is used in the lawful self-defense or in lawful defense of others if such force is necessary to protect the actor or anyone else against death or “serious bodily injury.” “Serious bodily injury” is defined as bodily injury that creates a substantial risk of death or which causes permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of the function of any bodily member or organ, a bone fracture or impediment of air flow or blood flow to the brain or lungs. Officers showed great restraint as they were faced with several repeated situations of serious bodily injury from wood logs being thrown at them, and they only used less lethal force options in the form of OC spray and less lethal projectile deployment rounds. No deadly force was deployed. 8. As Law enforcement continued to try and move protestors to the south, protestors attempted to flank law enforcement. As law enforcement moved to these positions, several protestors took what I describe as a fighting stance and were actively trying to get officers to engage in confrontations with them. Again, law enforcement showed great restraint in use of force in these instances by only deploying OC. On another occasion protestors on horses attempted to herd several hundred buffalo towards law enforcement’s direction. Law Enforcement had to call for a helicopter, which was in the area, to try and herd the buffalo in a different direction or the buffalo would have stampeded protestors and law enforcement. As law enforcement continued clearing the camp, several teepees and tents were cleared and checked for individuals. As the teepees were cleared, law enforcement would spray paint an X on the teepees to show that they had been cleared. I soon found out that their teepees are very sacred to them, and spray painting them was upsetting some of the protestors, so I immediately gave the order to stop spry painting X’s on the teepees, but rather, tie a ribbon around them as we cleared them. During this time, I also honored a sweat lodge and elder prayer circle and told those individuals that they could finish up their prayer and that I would allow them to disburse instead of being arrested. Some of them chose to be arrested. 9. As we continued to move the protestors to the south, the protestors started to thin out. When we arrived near the area of Highway 1806, near an area called the contractor’s approach, we were notified that there was an individual ahead of us who had a rifle, and there may have been possible shots fired. We later learned that a DAPL employee had been located by the protestors and left his vehicle with a rifle to protect himself. Protestors had shot a flare gun at him and then took his vehicle and burned it. As we were waiting for the information, a female had approached our mobile field force line and fired three rounds form a handgun, just missing officers. Officers had noticed the female approaching and were able to see the handgun and control her hand, so the rounds went into the ground instead of at officers. That individual was not met with lethal force; although, it would have been justified. She was taken into custody and charged with attempted murder. 10. Law enforcement was able to get all protestors moved to the Backwater Bridge, where a barricade of state vehicles was set in order to contain the protestors. Protestors burned these vehicles. Protestors then started to throw Molotov Cocktails at law enforcement on the bridge. I had additional up armored Humvees come to the bridge in order to protect officers against explosives, which were being thrown at them. The up armored Humvees, MRAP and Bearcat are the only vehicles that could withstand the explosive devices being thrown at law enforcement. I had these up armored vehicles stay at the bridge through the next couple of days until I felt the threat of explosives had subsided. Eventually, law enforcement was able to control and secure the bridge. Printed 1/21/2017 9:25 PM Page 12 of 15

Case Report Morton County 80 Captain Jesse Jahner 11/30/2016 2:54:42 PM I 989 - Officer, Other Lt Patrick Haug October 27, 2016 Incident On October 27, 2016 was part of the West Dakota SWAT Team that was assigned to the mission of removing individuals from the north camp located where the Dakota Access Pipeline crossed 1806. My team was assigned to a UTV and I had three other SWAT Members with me. We left the Fort Rice Camp ground and moved south on 1806. As we drove south on 1806, I observed that 1806 was blocked with various items, such as haybales, trees, and other misc items. As we approached the blockade, announcements were being made that individuals needed to move south from their location to the south camp. The individuals ignored the commands being given. We continued to approach the blockade. When we got close, these items were started on fire to attempt to stop officers from continuing fowvard. Continuous commands were given throughout the incident. Mandan rural fire was called to put out the fires. As we continued to push forward, protestors started backing away. Once we cleared the first barricade and continued south on 1806 to the North Camp, we again were confronted with a blockade. This blockade consisted of trees, hay bales and a vehicle. As we got close to the blockade, again these items, including the car were started on fire. Commands were continued to be given telling individuals to move south to the South Camp. As we approached this blockade, it was apparent that protestors were much more agitated. Some of the protestors were trying to get the more aggressive protestors to back off and move south. On some occasions, I observed protestors arguing and yelling at each other. There were obvious peaceful non violent protestors as well as violent protestors. We were eventually able to work past the second blockade and put the fires out. We continued south on 1806 and eventually made our way to the northern outskirts of the North Camp. Again we were confronted with a larger barricade across 1806. This barricade consisted of vehicles, hay bales, trees and many other items. At this barricade the protestors were much more agitated and aggressive. The protestors were throwing large logs, rocks and other items. There were 200-300 individuals behind the barricades. Again, multiple commands for the protestors to move south to South Camp. During this time, it was observed that protestors were trying to circle around us from the east. We moved the field force of officers to the east of 1806 at the camp. We continued to stretch this line to east. I ended up at the end of the line, furthers to the east with several other SWAT Officers. As we continued to try and push individuals to the south and out of the camp, I had approx. 5 younger protestors approach my position and started yelling obscenities at me. At one points, I had several in front of me and several more trying to come up from behind me. I removed my OC spray from my vest and order them to back off, they did not and continued to move closer to me. I then deployed my OC spray on all of them, forcing them to back off and for me to retreat some. Eventually more officers arrived at my location and we started moving to the south, clearing the east end of the camp. We then started moving them west, back to 1806. After we were able to remove aa vast majority of the camp, SWAT officers started returning towards 1806 to join back up with the bearcat and MRAP which were leading the officers down 1806. At one point, I observed a horse rushing towards the line of officer located to the east of the MRAP and Bearcat. I observed several officer deploy less lethal munitions at the horse to stop the horse from striking officers. I recalled at one point looking to the east and seeing a large group of Buffalo running towards the northwest. This concerned me knowing that buffalo normally do not run like this unless something is chasing them. I continued to watch the buffalo and they worked towards 1806. I then observed two individuals on horseback chasing after the buffalo. informed my assistant commander, Lt. Hulm of what I was observing. We decided to take two and trying to stop the individuals on horseback. We drove through the north camp and worked our way west. When we got into the area of where the buffalo were running, I observed the two horseback riders. I started chasing after the horseback riders to force them away from the buffalo herd. I continued to chase the Printed 1/21/2017 9:25 PM Page 13 of 15

Morton County SO Case Report horseback to the south and west. I continued pushing them west, knowing I would not be able to catch them, but felt the further I pushed them south, the safer it would be. The horses were running at full gallop and I continued to push then, also knowing it would exhaust the horses. I observed the horses heading for a gate that was secure with several strands of barbwire. I observed two individuals trying to unhook the barbwire to allow the horses to escape the field they were in. When the horses arrived at the gate, the two individuals had removed two of the three strands of barbwire. I observed the white and brown horse trip over the last wire. The two individual replaced the barbwire prior to me getting to the gate. I returned to where the other SWAT officers were located and informed them I had chased off the horses. I noted the other officers had arrested several other individuals who were on horseback also. These individuals were transported back to 1806 and turned over to the transport team. I then returned to the area of the bearcat and MRAP on 1806 and continued to assist with moving individuals south on 1806. We continued to slowly move south on 1806. A short time later, I again observed that buffalo were running to the east of officers. We again returned to the area on our UTV’s. When we arrived we observed that several Jamestown SWAT Members had several individuals in custody that were on horses. We then went south through the fields and observed several vehicles chasing the buffalo. We continued moving south trying to relocate the vehicles. We located a small maroon colored truck with 3-4 individuals in the back of the truck. We went towards the truck and the truck took off to the west from where the buffalo were located. We chased after the vehicle until it went south towards the South Camp. We noticed the helicopter that was flying over us was circling around an area, as if trying to point something out. We headed in that directions and found a smaller SUV, red in color. The vehicle was traveling at a high rate of speed through the field and also on a service type roadway. We went after the vehicle and it traveled at a high rate of speed to the west, towards 1806. We continued to chase after the vehicle with 2 UTV’s. I took my UTV to a gate that lead to 1806 and blocked it from passing through it. The vehicle traveled towards us at a high rate of speed. At the last moment, it turned off the service road and traveled through a field and drove through a fence to get to 1806. When the vehicle went through the fence, I observed an individual that was hanging on to the back loss his stocking cap when one of the barbwire strands went over his head. We then returned to 1806 and joined the rest of the officers as they continued to push the individuals to the south. When we reached the backwater bridge, we again noted the bridge was blocked with various items, such as vehicle, a DOT electronic sign and trees. As we got closer, individuals started all these items on fire. We continued to give commands to leave the bridge and return to the South Camp, these individuals refused. They started throwing rocks at our locations, almost striking numerous officers. These rocks varied in size from golf ball size to softball size. We continued to give orders to retreat from the bridge but they refused. At one point, I observed a fireball being thrown towards the bearcat and MRAP, it was obvious it was a Molotov cocktail. After several hours of trying to clear the bridge, it was decided to bring in two 5 ton trucks and back them in, blocking the bridge and protestors from moving back north up 1806. Eventually the trucks were back in and disabled. Shortly after we back the trucks in, they were started on fire. It was decided at this point that the bearcat and MRAP would be placed at the barricades to control individuals from moving back north towards the pipeline. Evidence Checklist Additional Evidence Items? Video Recording In-Car Video Surveillance Printed 1/21/2017 9:25 PM Interview Room Other Recording What other recordings are there? Page 14 of 15

Morton County SO Case Report Audio Recording 911 Call Other Audio Photographs Uploaded to P1 Written Statement Victim Witness Medical Forms Domestic Violence Investigation Waiver of Rights Photo Log Search Warrant / Return Other Dispatch Call Entered into Evidence Suspect Emergency Detention Worksheet Use of Force Report Affidavit Evidence Inventory Affidavit of Forgery Form Copy of Checks Other Describe Printed 1/21/2017 9:25 PM Page 15 of 15

DAPL Protest (Morton County) 10-27-2016 Over watch rear security detail. On the morning of October 27th 2016 I, Indiana Conservation Officer Rick Garringer, was assigned to be an over watch rear security for a sniper unit. I was assigned to be present at the 134 bridge detail. I was assigned to be located on the south side of the bridge on the hill overlooking the area. I along with Indiana Conservation Of?cer Keirsten Forbey provided security for the rear of the sniper. I did not have contact with any of the protesters nor was I able to witness any interaction at this distance. Indiana Conservation Officer Rick Garringer, District 4

On 10-27-16 this of?cer, lndiana Conservation Of?cer Stephen R. Miller, was assigned to assist the Morton County Sheriff?s Department, North Dakota, to assist with protesters that had been engaged in illegal activity previously. This of?cer, as well as other Indiana Conservation Of?cers, were assigned to provide security and law enforcement presence at a bridge located on County Road 134 East of State Road 1806. This of?cer arrived at that location approximately 1300 hours. This of?cer observed that the protesters had illegally blockaded the county roadway at the location of this bridge with logs, hay bales and other miscellaneous materials. This of?cer observed that initially this blockade had approximately 15 protesters at the location, but most appeared to leave when law enforcement personnel arrived. After approximately 20 minutes several vehicles and protesters began arriving back at the blockade. This in?ux of additional vehicles continued for approximately 2 hours during which time the number of protesters rose to approximately 200 people. During this time this of?cer was detailed to the South side of the bridge as ?ank security. During this time this of?cer observed several protesters move to the South side of the bridge approximately 80 yards from the bridge but they remained on the East side of the creek. This of?cer further observed that a large plume of black smoke had appeared from the area of the bridge blockade. During this time this of?cer had the opportunity to move toward the roadway to the opposite side of a large barn and observed several law enforcement of?cers maintaining a security line on the West side of the bridge and a large ?re in the area of the blockade on the bridge near the location of several protesters. This of?cer returned to the South side of the bridge area and maintained observation and perimeter security in that area until directed to relocate to Traf?c Control Point 7 (County Road 134 and County Road 80) at approximately 1900 hours as security for the remainder of my shift.

North Dakota Pipeline Incident Narrative On 10/27/2016 I, Indiana Conservation Officer Capt. Tim Beaver, assisted with a multi-agency detail related to the ongoing protest activities in Morton County, ND. The team I was assigned to had the task of taking back and securing the 134 Bridge that had been occupied by protestors for several days. When our team arrived in the area, I observed the bridge was blocked by trees lying across the entrance. I also observed several vehicles and individuals on the bridge. They quickly left the area upon our arrival. A short time later a steady line of vehicles began arriving back at the bridge. The vehicles were occupied by multiple individuals. The individuals poured gasoline on the trees in the roadway and ignited. They began to add more material to the burn pile resulting in a large fire. The protestors were verbally engaging the officers. The mobile field force of officers established a line and the SWAT personnel gave verbal commands via a public address system. The group of protestors grew significantly in number very quickly. The fire caused the officer team to back up several feet. I observed no physical contact between the officers and protestors, only verbal. The protestors continued to add material to the ?re to include two motor vehicles. After igniting all the material, the large group of protestors began to leave the area. A fire department arrived at the scene and extinguished the fire. A front-end loader then began to clear the debris from the bridge. As the protestors exited, radio traffic indicated that a person with a rifle was in the area and a person had been shot. We were instructed by the scene commander to retreat to the staging area immediately, which we did. The SWAT team and armored vehicles continued east on 134 to the next evolving incident. Capt. Tim Beaver, Indiana Conservation Of?cer November 2, 2016

Supplement of significant activities on October 27, 2016. On the morning of October 27, 2016, Indiana Conservation Officer Deland Szczepanski and were assigned to provide security for a Western Dakota Sniper Team member while engaged in a security overwatch operation in support of officers conducting law enforcement activities in the area of the County Road 134 bridge which had been blocked and occupied by Dakota Access Pipeline protesters. Of?cer Szczepanski, the sniper, and were transported to the area of operations by two DAPL security contractors operating two all-terrain vehicles and following the pipeline easement. Additionally, we were accompanied by a North Dakota National Guard member in a Humvee. As our team approached the general vicinity of the County Road 134 Bridge, the pilot of a DAPL helicopter reported that a possible scout/observer was positioned on a hill, beneath an electrical transmission line south of the pipeline easement and north of the bridge. As our group of vehicles traveled near enough for the individual to observe us, the presumed scout ran down the hill to the south and climbed a fence where Officer Szczepanski and I captured him. As I searched the suspect, identified by an Arizona Operator?s License as _he helicopter pilot reported that a truck was driving toward our position at a high rate of speed. I informed _hat our role was not to demean or mistreat him and that if he agreed to move to the south and leave the property he was treSpassing upon, he would not be arrested. Before the search could be completed, I observed a white pickup truck containing eight to ten occupants traveling toward our position at an extremely high rate of speed, given the off- road terrain. The occupants were screaming unintelligibly and appeared to be very agitated and hostile. Fearing that the group may be armed and/or the truck may be used as a weapon against us, Officer Szczepanski and deployed our patrol rifles and assumed defensive postures, which resulted in the operator of the truck to cease any forward movement toward us. We informed _that he was free to leave and encouraged him to run to the truck. did so, and the truck returned to the area of the bridge. As the truck was leaving, I overheard on a radio that _had dropped ?Light it up! Light it up and get back!? A short time later, I observed smoke coming from the area of the 134 bridge. Officer Szczepanski and I rejoined the remainder of our team and took up positions on a hill north of the bridge. At, or about 1500 hours, eight to ten horses and riders approached our position in an aggressive fashion. The two DAPL security contractors intercepted the group with the ATV's,

but the vehicles were largely ineffective in deterring the horses. The DAPL helicopter pilot also attempted to turn the horses utilizing low-level flying tactics, but this response was only moderately effective. The horses and riders withdrew as a group to a hill south of our position and our team consolidated to prepare a strategy should the horses and riders return. The group of riders did not return and when the protesters moved from the 134 bridge to Highway 1806, our team followed and provided security overwatch for officers in that area until approximately 2200 hours. Lt. Kent Hutchins

11/1/16 On October 27, 2016, I, Indiana Conservation Officer Jet Quillen, was detailed to a ?eld force team assigned to the 134 bridge. Our objective was to clear the roadway and bridge of less than peaceful protestors that were trespassing onto private property, blocking the roadway and inciting a riot. Upon my arrival, 1 observed a large number of protestors located on the bridge, roadway and adjacent properties with a steady stream of vehicles carrying additional protestors arriving from other encampments in the area. The bridge and roadway had been blocked by vehicles, large logs, branches, hay bales and other debris. As our team assembled, I observed multiple masked protestors pour what appeared to be fuel from red gasoline containers onto the debris piles and then ignite them with road flares. While the debris piles burned, the protestors repeatedly ignored lawful orders to leave the area. They continued to protest with our officers holding their ground and location without advancing. After a short time, I observed a masked protestor recklessly drive a pickup truck onto the bridge, slamming into the side barrier in the process. A short time later, the vehicle was ignited on fire. After additional protesting, the protestors then left the area. ICO Jet Quillen

On Thursday, October 2016 I, Indiana Conservation Officer, Bradley S. Reinholt was deployed from Indiana along with other Indiana officers to help assist with providing security at different locations along the Dakota Access Pipeline near Mandan, North Dakota. During the day of October 2016 was assigned to help secure the bridge on Co Rd. 134 east of Co Rd 1806. This bridge had been previously secured by protestors, and the protestors have stopped the flow of traffic thru this location. During the day of attempting to open the bridge back up from the protestors, I witnessed at least 75- 100 protestors and approximately 25-30 vehicles at different times that were attempting to stop the police from opening the bridge to thru traffic. The protestors built two separate barricades on the bridge made out of logs, wood, and brush. Once the police approached the bridge, the barricades were set on fire using some accelerant that was being poured by the protestors. The protestors also had a white in color passenger car positioned behind the wooden barricades on the bridge to stop the ?ow of traffic. The police had a local rural fire department put out the two burning barricades. During the protest I witnessed a brown in color Chevy pickup truck loaded down with wood in the bed driving erratic thru the area with the protestors. Among the protestors there were several protestors that were riding horses. During the protest I witnessed this brown Chevy pickup truck drive erratically among the protestors, and back the vehicle into one of the horses that were being rode during the protest. Upon the vehicle backing into the horse, the horse was knocked backwards, which had thrown the rider from the horses back. The rider was able to get back onto the horse once the truck pulled away. The horse was then ridden again once the truck pulled away. During this time that the horses were being ridden among the protestors, I witnessed two protestors chop down a wooden fence post with an axe and then cut the fence to allow the horses to ride closer to the police. The same brown Chevy pick-up truck was later pulled on to the bridge next to the white passenger car. The protestors busted out the windows of the vehicles with a wooden object and flattened the tires with a knife looking object. Short time later I witnessed the protestors carry straw bales and place them behind the two vehicles that were blocking the bridge. Short time later the protestors started the straw bales on fire and eventually the vehicle caught on fire also. After this large fire the majority of the protestors left this area and relocated to the north camp to continue their protesting. After the majority of the protestors left the area and because of the intense fire from of the vehicles we left the area.

Prelude: I was assigned to help a contingency of of?cers from several departments to clear a blockade made by protestors on a public roadway. Details of Incident/Investigation: On October 27?h 2016, I, Indiana conservation officer Kurt Kinser, was assigned to the contingency of of?cers who were given the objective to clear the blockade put up by protestors on the county road 134 bridge. When we arrived several protestors left the bridge and returned with reinforcement. The Protestors ignored several commands to leave the bridge and lit the debris on the bridge on fire. Throughout the day protestors added tires and hay to the fire. At one point I witnessed a protestor back a pick-up truck into the front legs of another protestor?s horse causing lacerations to the horse?s legs. I also witnessed protestors destroy the fence line near the road and also cut down several trees in the neighboring fields. .Several firetrucks were eventually able to put out the ?re on the bridge. The protestors eventually began to leave the bridge but the last group to leave lit a pick-up truck and a car on ?re before leaving the bridge. Current Disposition: Forwarded to the DAPL protest detail chain-of -command.

Indiana Conservation Officer James Price 4261N 425W Angola IN 46703 260-668-6854 jgprice@dnr.in.gov Narrative in reference to Thursday, October 27th in reference to operations conducted at the CR134 bridge, west of HWY 1806. On October 27th 2016, I was on duty in regular class uniform for a detail held in Morton County, North Dakota in reference to the Dakota pipeline protest. I was assigned to secure the 134 bridge, just west of HWY 1806. During the operations at this bridge I stood in a field force line facing the bridge on the west side. During this confrontation with protesters I witnessed three vehicles burn and many tires, all using fuel similar to gasoline as an accelerant. The bridge was completely blocked and impassable by protestors. At no time on this day did I witness or use any level of force other than verbal commands and officer presence. For that matter, during the entire assignment in North Dakota, I did not witness by any officer or myself use any force at any level other than verbal commands or officer presence. James Price Indiana Conservation Officer Unit 211

Indiana Conservation Officer James Price 4261N 425W Angola IN 46703 260-668-6854 jgprice@dnr.in.gov Narrative in reference to Thursday, October 27th in reference to operations conducted at the CR134 bridge, west of HWY 1806. On October 27th 2016, I was on duty in regular class uniform for a detail held in Morton County, North Dakota in reference to the Dakota pipeline protest. I was assigned to secure the 134 bridge, just west of HWY 1806. During the operations at this bridge-I stood in a field force line facing the bridge on the west side. During this confrontation with protestors I witnessed three vehicles burn and many tires, all using fuel similar to gasoline as an accelerant. The bridge was completely blocked and impassable by protestors. At no time on this day did I witness or use any level of force other than verbal commands and of?cer presence. For that matter, during the entire assignment in North Dakota, I did not witness by any officer or myself use any force at any level other than verbal commands or officer presence. James Price Indiana Conservation Officer Unit 211

Morton County Sheriff?s Department Supplemental Report On Thursday, October 27th, 2016, at approximately 0700 hrs, I, Andrew Laurinec #526, of the Indiana Department of Homeland Security District 1 Law Enforcement Strike Team, and of the Morton County North Dakota Sheriff's Department, arrived at the Mandan Regional Airport for briefing to get my assignment for the day. Along with several other of?cers, I was assigned to team 2 as part of a large operation to address the problem of protestors committing various crimes in Morton County, ND. We were given our objective at the brie?ng and traveled to our assigned staging area at CR. 134 and CR. 80. Our assignment was to leave from the staging area and address a protestor encampment blocking the road at the C. R. 134 bridge. Between the hours of 1000-1100, we departed for our designated location (CR. 134 Bridge). One of my first objectives was to clear a large blue barn located next to the bridge. I was teamed up with several other members of my District 1 Strike Team. was attached to a tactical element responsible for clearing the barn located South of the bridge. There was no one located inside. We then entered the roadway to assist the contingent with dozens of subjects that were gathered on the bridge. The bridge was observed to be blocked with a large amount of debris (trees, metal gate, signs, tires, ect). Tents were also observed to be erected in the roadway and alongside the bridge. The subjects were given several orders to disperse from the bridge via loud speaker which they ignored. The subjects knowingly and intentionally ignored these orders by setting the debris in the roadway on fire. I was then deployed to the Southeast corner of the bar to provide flanking support and to insure that no protesters crossed the water to the South ofthe bridge which would have allowed them to flank officers. The subjects were continuously given commands via loud speaker to vacate the bridge and disperse however they refused to heed those orders. The initial fire on the North side ofthe bridge was extinguished by the fire department. The subjects proceeded to start several more very large ?res by burning tires, hay bales, trees and two vehicles. The fires were spaced along the length of the bridge so . that at certain points the entire bridge appeared to be engulfed in flames. Several subjects tried to cross the river in an apparent attempt to flank the contingent of officers. Some of those subjects were on horseback. During the encounter the subjects used nearly every object they could find to keep the ?res burning and at one point were using a chainsaw to cut down trees on the South side of the bridge to have more timber to burn. The crowd eventually dispersed leaving the large fires behind them. Once the area was safe the fire department was able to extinguish the ?re. I then began to cover officers with my long gun as several vehicles raced at high speed towards the bridge shortly after several reports of shots fired in the area. As the rest ofthe contingent was pulled back I was asked to stay behind with another of?cer from my group to remain with the Humvees and the guard units as we waited for the other elements of the operation to push South through the north camp and hook up with them at the intersection of CR. 134 and 1806. Our Humvee and Bearcat group linked up at the above listed intersection at approx. 2100 hours. At that time I was relieved and linked back up with other units of the IDHS at the original staging area for team 2 at which time I left the Area of Operations and returned back to my hotel at approx. 2330.

At no time did I come in direct contact with any protesters or deploy any less than lethal munitions, or use any other type of force. Sgt. Andrew Laurinec IDHS 11/05/2016

Sgt. Blaine R. Gillan 10/30/2016 Indiana Conservation Officer Supplement - North Dakota DAPL Operation On Thursday, October 27, 2016, I was assigned to Team 2 of the operation to remove trespassers from the pipeline construction area. The objective of Team 2 was to remove people that were obstructing the County Road 134 Bridge. Upon arriving in the area of the County Road 134 Bridge on the morning of 10/27/2016, I observed a few tents and a vehicle parked on the bridge making it impassible by automobile. I was assigned to arrest team 5 of the Indiana group. We parked our vehicles in a field on the west side of a pole barn owned by the pipeline company on the Cannonball Ranch, just to the west of the 134 Bridge on the south side of the roadway. A short time after our arrival, I observed several vehicles traveling west on County Road 134 from the area of State Road 1806. People were being dropped off in the area of the 134 Bridge and parking along the roadway and exiting their vehicles on the east side of the bridge. I took a position to the southwest of the bridge, just to the south of the pole barn to observe. I could not see the bridge from my location, but had a good view of the roadway to the east of the bridge. There were several vehicles that dropped people off in the area of the 134 Bridge and then would leave and return a short while later with more people. There were also some people that walked to the area from the east and approximately 10 people on horseback arrived in the area. As I watched with my binoculars, I saw several vehicles arrive throughout the whole event with large pieces of wood and bales of straw. The wood and straw was carried up toward the bridge. At one point, I heard a chainsaw running and observed a subject cutting part of a tree along the edge of the roadway. Those tree branches were ultimately carried up to the bridge. I could see a large cloud of black smoke going into the sky from the northeast side of the pole barn in the area of the 134 Bridge. After several hours of being in the area, all ofthe subjects on the east side of the 134 Bridge eventually left the area and went back to the east. At no time did I observe any member of law enforcement have any physical contact with any of the subjects on the east side of the 134 Bridge. ZA/fb Sgt. Blaine R. Gillan

Supplemental On Thursday October 2016 I, ICO James Hodges, was a part of the mobile ?eld force unit at the 134 and 80 bridge where several protestors made a camp and closed off the road from being passed. As we approached the bridge, I noticed several pick-up trucks travel east at a' high rate of speed. Several minutes later the trucks came back with 10-15 people in the bed of each truck. The people jumped out and the trucks again traveled the same route out, returning with people in the bed. This process was repeated several times bringing a rough total of protestors to around 120 people. After we established a line of police officers, several of us were asked to go to the right side of the rest of the group as protestors were seen trying to go to that side. Before I went to the right side, a barricade the protestors had made out of logs, hay, wood, tires, etc was set on fire by the protest group. Once on the right side I was with several other officers. I could see on the bridge two more barricades the protestors made with similar materials. I heard a chain saw running and noticed a man cutting a tree down and then cutting it into big chunks. As he was doing so, several people were carrying the logs over to make another barricade. I noticed sometime later a brown pick-up truck drive on to the bridge. Once it got onto the bridge the driver wrecked into one of the walls stopping it from driving off the road into water below. The driver backed the truck up a little jumped out and on top of the cab throwing his hands up as if he was celebrating an event. Some time went by and eventually a third and fourth barricade was set on fire by the protest groups. There were two vehicles in these barricades as well as the other materials listed previously. After the fires were set, all of the protestors left that area and went East on 134. The fire department who was present at the time put the first 2 fires out previously before the second two.

On Thursday, October 27, 2016 I was on duty in Morton County North Dakota assisting other law enforcement agencies with riot control at the CR134 bridge west of Hwy 1806. Upon my arrival at the bridge I observed a large group of protestors gathered behind a blockade of wood, tires, and miscellaneous rubbish. The rioters appeared to be very agitated and attempted to provoke us verbally. I observed several rioters cut wire fencing in multiple locations and cut several wooden fence posts and trees on private property with a chain saw. The rioters continued to pile up wood and rubber material and straw to form two barricades; one on the west side and one in the middle of the bridge. The of?cer in charge repeatedly urged the rioting crowd to return to their main camps to the south. They were also informed by the commanding officer they were breaking the law by blockading a public roadway. These communications were made by a loud broadcasting speaker and audible throughout the area. I observed several rioters pour gasoline on the blockade on the west side and ignite it. The rioters, placed vehicles in the middle of the roadway, blockaded the roadway for several hours and then ignited the second barricade in the middle of the roadway before retreating east on CR134. I did not observe any physical force used on the rioters by any law enforcement officers at the CR134 bridge prior to the rioters retreating east and then south to the Backwater bridge at Hwy1806. Indiana Conservation Officer, Corporal t7

Supplement of significant activities on October 27, 2016. On the morning of October 27, 2016, Indiana Conservation Officer Kent Hutchins and I were assigned to provide security for a Western Dakota Sniper Team member while engaged in a security overwatch operation in support of officers conducting law enforcement activities in the area of the County Road 134 bridge which had been blocked and occupied by Dakota Access Pipeline protesters. Officer Hutchins, the sniper, and I were transported to the area of operations by two DAPL security contractors operating two all-terrain vehicles and following the pipeline easement. Additionally, we were accompanied by a North Dakota National Guard member in a Humvee. As our team approached the general vicinity of the County Road 134 Bridge, the pilot of a DAPL helicopter reported that a possible scout/observer was positioned on a hill, on private property, beneath an electrical transmission line south of the pipeline easement and north of the bridge. As our group of vehicles traveled near enough for the individual to observe us, the scout ran down the hill to the south and climbed a fence where Officer Hutchins and I made contact with and detained the individual. The Individual was identi?ed as? -by a driver's license he had on his person.-vas advised that our role was not to demean or mistreat him and that if he agreed to move to the south and leave the property he was trespassing upon, he would not be arrested. The helicopter pilot then reported that a truck was driving toward our position at a high rate of speed. Before the search could be completed, I observed a white pickup truck containing eight to ten occupants traveling toward our position, onto private pr0perty at an extremely high rate of speed, given the off-road terrain. The occupants were screaming unintelligibly and appeared to be very agitated and hostile. Fearing that the group may be armed and/or the truck may be used as a weapon against us, Of?cer Hutchins and I deployed our patrol rifles and assumed defensive postures, which resulted in the operator of the truck to cease any forward movement toward us. We informed that he was free to leave and encouraged him to run to the truck. did so, and the truck returned to the area of the bridge. As the truck was leaving, I overheard on a radio that?had dropped ?Light it up! Light it up and get back!? A short time later, I observed smoke coming from the area of the 134 bridge. Officer Hutchins and I rejoined the remainder of our team and took up positions on a hill north of the bridge. At, or about 1500 hours, eight to ten horses and riders approached our position in an aggressive fashion. The two DAPL security contractors intercepted the group with the

but the vehicles were largely ineffective in deterring the horses. The DAPL helicopter pilot also attempted to turn the horses utilizing low-level flying tactics, but this response was only moderately effective. The horses and riders withdrew as a group to a hill south of our position and our team consolidated to prepare a strategy should the horses and riders return. The group of riders did not return and when the protesters moved from the 134 bridge to Highway 1806, our team followed and provided security ovewvatch for officers in that area until approximately 2200 hours. During my observation of the bridge I observed many protesters trespassing onto surrounding areas of private property and blocking a public roadway. I observed the protesters burn multiple vehicles and the roadsides. As the vehicles became engulfed in flames several tents that were placed near the bridge caught fire. Indiana Conservation Officer Deland Szczepanski

Details of Investigation/Incident: (October 27 2016) I, Nick Vander Molen, an Indiana Conservation Of?cer (ICO), Was on patrol during a deployment in North Dakota. I worked a mobile ?eld force line on this day at the 134 bridge west of HWY 1806. I observed many subjects placing wood, hay bales, and tires in a pile on the west side of the bridge and setting it on fire to prevent us from walking across the bridge. I observed protestors placing accelerant on the material to help it burn. I also observed protestors vandalizing the fence on the south side of the road by trying to cut it down with an axe. I observed a white passenger car on the bridge that protestors were standing on. After some time, I observed multiple protestors break out the windows in the passenger car and start the car on ?re. I observed a pickup truck behind the car and it was set on ?re as well. After the vehicles were set on ?re all of the protestors left the area.

Prelude: DAPL protest resulting in property damage. Involved Persons: Kyle Buchanan- Indiana Conservation of?cer DAPL Protestors Various other agencies Details of Investigation/Incident: On October 27, 2016 l, Indiana Conservation Of?cer Kyle Buchanan, was involved in a detail supporting the Morton County Sheriff Department in controlling a bridge on 134. The bridge had been overtaken by DAPL protestors and was impeding the traf?c of the public along with emergency vehicles. Upon arrival to the scene I witnessed a large group of protestors occupying the bridge. They had contrasted a road block by placing tree logs across the road. When we arrived the protestors poured an accelerant appearing to be gasoline onto the logs and straw then proceeded to set ?re to the road block. During the duration of their demonstration I witnessed several individuals cut fence and fence post that were on private property, cut tree down on private property. and also walk up and down the property. At one time there was a white male individual who had driven a Chevrolet truck in-between two other vehicles already parked on the bridge and rammed the truck into the side of the bridge. After leaving the vehicle there the protestors set ?re to all three vehicles, using gasoline as an accelerant. Next the large group left to join the rest of the protestors on highway 1806. The ?re department extinguished the fire and started clean up on the bridge. I swear and af?rm under l.C. 35-44-2-1 the penalty of perjury, that the foregoing information and the representations made herein are true and accurate to the best of my knowledge and belief. Kyle Buchanan Indiana Conservation Officer Motive: DAPL Pipeline nearing completion Modus Operandi: Additional Leads:

None Attaghments: None Current Disgosition: Forward to Morton County Sheriff Department

At approximately 10:00 am. on October 27, 2016 I, Indiana Conservation Officer James Hash, acting as a Special Deputy of Morton County, North Dakota responded to the County Road 134 Bridge in response to citizen protests to the routing of the Dakota Access Pipeline. While at the bridge site, I witnessed/observed a group varying in size from 20-100 subjects in the act of blocking the travel access across the roadway. The majority of the group was in the act of passive and verbal protesting. Several individuals brought in large logs and other ?ammable material such as cloth, tires, rubber, and two vehicles to barricade the roadway. I also observed subjects disperse gasoline and other ?ammable liquids onto the materials and ignite them. No law enforcement action was taken and there were no arrests made during my deployment at the Bridge. have James A. Hash, H9260 Indiana Conservation Officer

Andrew S. Harmon: Indiana Conservation Officer On Thursday 10/27/2016 I, Andrew S. Harmon, assisted the Morton County Sheriff?s department with a riot control detail on CR. 143 and west of Hwy 1806 on a county road bridge. Upon arrival to the West side of the bridge I observed a large group of individuals standing behind a makeshift blockade. I parked my commission just to the southwest of a pole barn and prepared to assist the Morton County Sheriff?s Department in requesting the individuals to move off the bridge and head south to their main camp. I noticed over the next 15 minutes that there were a large number of vehicles approaching the bridge hauling more people and items to burn. The individuals standing on the bridge then started their makeshift blockade on fire. They added many tires, fuel, and straw to the blockade made of trees and debris. There were now individuals yelling at myself and other law enforcement Officers. I noticed subjects on the East side of the bridge using chainsaws to cut trees and other material to put on the fire. The group of individuals would unload pickup trucks and throw material on the fire. Other law enforcement Officers and I lined up a short distance away from the bridge on the West side. We waited on the West side for the individuals to leave the bridge after they were instructed to leave over a loud speaker. Black smoke from the fire was now blowing northwest across the road and the fire was spreading to the side ditches. The individuals then put a pickup truck and a small car sideways on the bridge and lit them on ?re. A fire truck was able to approach the bridge from the West side after an agreement with the individuals was met for them to backup off the bridge. They were instructed to stay back as the ?retruck sprayed the fire with water for their safety from debris. The individuals eventually complied and the ?refighters were able to put out the fire. After a period of time the individuals left the bridge and retreated back to Hwy 1806. I did not observe any physical force used to disperse the individuals.

On October 27, 2016 I, Indiana Conservation Officer Cpl. Angela Goldman, was asked to assist with the security detail at the bridge on CR 134, as part of the Dakota Pipeline Protest Detail. was assigned with many other officers to attempt to open the bridge. When we arrived, I staged with several arrest teams behind a pole barn building near the bridge. Due to my location, I could not see the bridge, but could hear the officers on the bridge issuing loud verbal commands to the protesters to leave the bridge or they were subject to arrest. Within several minutes, many vehicles began arriving on the east side of the bridge with the protesters. The arrest team that I was assigned to was pulled away from the barn and began providing ?ank security. We pulled a truck to the south side of the road, behind the barn and began monitoring the roadway and grassy area to the south of the road. While we were there, I observed large plumes of black smoke coming from the area of the bridge. As we were monitoring the vehicles arriving, we could see trucks carrying tires, bales of hay, trees and other large debris being brought to the bridge. We also observed an individual with a chainsaw cutting trees in the ?eld on the south side of the road. We could see those trees being carried to the fire on the bridge. During this time, I observed many vehicles and people driving down the road to the bridge area. I would estimate well over fifty cars arrived and over one hundred people arrived. I was also able to observe many people in the ?eld on the south side of the road. It appeared they were attempting to find a way to cross the creek to gain access to the other side of the bridge. They were walking back and forth in the tall grass. There were also several men on horseback riding in this area. After some time in my position, I walked from the flank to the roadway. From there I could see approximately 100 people on the bridge, behind a large pile of burning debris. Part of that debris included tires, hay bales, and large piles of wood. At some point later in the day, it was determined that we could put the fire out, so fire trucks moved to the front of the line and extinguished the ?ames. The people on the bridge continued to stand around and chant after the fire was put out. A group of them (approximately fifteen) continued to smash the windows on a white passenger car and a pickup truck that were parked on the bridge. At some point, all the people on the bridge left suddenly, and moments later the car and truck began burning. At that point, all the people on the east side of the bridge left the area. The law enforcement units continued to monitor the area until the fire department began extinguishing the flames. While the fire trucks were working, radio traffic indicated that there may be a person walking that way with a high powered rifle. Myself, and the rest of the of?cers from my department, left the area and established a security checkpoint further west on CR134.

On October 27, 2016 I, Indiana Conservation Officer Cpl. Angela Goldman, was asked to assist with the security detail at the bridge on CR 134, as part of the Dakota Pipeline Protest Detail. I was assigned with many other officers to attempt to open the bridge. When we arrived, I staged with several arrest teams behind a pole barn building near the bridge. Due to my location, I could not see the bridge, but could hear the officers on the bridge issuing loud verbal commands to the protesters to leave the bridge or they were subject to arrest. Within several minutes, many vehicles began arriving on the east side of the bridge with the protesters. The arrest team that I was assigned to was pulled away from the barn and began providing ?ank security. We pulled a truck to the south side of the road, behind the barn and began monitoring the roadway and grassy area to the south of the road. While we were there, I observed large plumes of black smoke coming from the area of the bridge. As we were monitoring the vehicles arriving, we could see trucks carrying tires, bales of hay, trees and other large debris being brought to the bridge. We also observed an individual with a chainsaw cutting trees in the ?eld on the south side of the road. We could see those trees being carried to the fire on the bridge. During this time, I observed many vehicles and people driving down the road to the bridge area. I would estimate well over fifty cars arrived and over one hundred people arrived. I was also able to observe many people in the field on the south side of the road. It appeared they were attempting to find a way to cross the creek to gain access to the other side of the bridge. They were walking back and forth in the tall grass. There were also several men on horseback riding in this area. After some time in my position, I walked from the flank to the roadway. From there I could see approximately 100 people on the bridge, behind a large pile of burning debris. Part of that debris included tires, hay bales, and large piles of wood. At some point later in the day, it was determined that we could put the fire out, so ?re trucks moved to the front of the line and extinguished the flames. The people on the bridge continued to stand around and chant after the ?re was put out. A group of them (approximately fifteen) continued to smash the windows on a white passenger car and a pickup truck that were parked on the bridge. At some point, all the people on the bridge left suddenly, and moments later the car and truck began burning. At that point, all the people on the east side of the bridge left the area. The law enforcement units continued to monitor the area until the fire department began extinguishing the flames. While the ?re trucks were working, radio traffic indicated that there may be a person walking that way with a high powered rifle. Myself, and the rest of the officers from my department, left the area and established a security checkpoint further west on CR134.

On 10-27-16 this of?cer, Indiana Conservation Of?cer Stephen R. Miller, was assigned to assist the Morton County Sheriff?s Department, North Dakota, to assist with protesters that had been engaged in illegal activity previously. This of?cer, as well as other Indiana Conservation Of?cers, were assigned to provide security and law enforcement presence at a bridge located on County Road 134 East of State Road 1806. This of?cer arrived at that location approximately 1300 hours. This of?cer observed that the protesters had illegally blockaded the county roadway at the location of this bridge with logs, hay bales and other miscellaneous materials. This of?cer observed that initially this blockade had approximately 15 protesters at the location, but most appeared to leave when law enforcement personnel arrived. After approximately 20 minutes several vehicles and protesters began arriving back at the blockade. This in?ux of additional vehicles continued for approximately 2 hours during which time the number of protesters rose to approximately 200 people. During this time this of?cer was detailed to the South side of the bridge as ?ank security. During this time this of?cer observed several protesters move to the South side of the bridge approximately 80 yards from the bridge but they remained on the East side of the creek. This of?cer ?lrther observed that a- large plume of.b1ack smoke had appeared from the area of the bridge blockade. During this time this of?cer had the opportunity to move toward the roadway to the opposite side of a large barn and observed several law enforcement of?cers maintaining a security line on the West side of the bridge and a large fire in the area of the blockade on the bridge near the location of several protesters. This of?cer returned to the South side of the bridge area and maintained observation and perimeter security in that area until directed to relocate to Traffic Control Point 7 (County Road 134 and County Road 80) at approximately 1900 hours as security for the remainder of my shift.

Dakota Access Pipeline Protest Morton County, North Dakota October 27, 2016 I, Keirsten Forbey, Indiana Conservation Officer (ICO) and ICC Rick Garringer assisted the Morton-County Sheriff?s Of?ce and various Law Enforcement agencies. Our mission was to secure 134 Bridge from protesters. I was assigned to provide Over Watch Rear Security for a sniper unit. I am positioned approximately 400 yards southwest of CR 134 Bridge along the backside of a ridge. From my position I am not able to observe any interaction between the Law Enforcement team and protesters. Indiana Conservation Of?cer Keirsten Forbey 714 k/?q (L (.

Indiana Conservation Officer Jarred Coffing District 3 Headquarters 4112 State Road 225 West Lafayette, IN 47906 Thursday October 2016 On Thursday, October I (Indiana Conservation Of?cer Jarred Cof?ng) was assembled into a ?Field Force? line in the area of the County Road 134 Bridge in Morton County, North Dakota at or around 1000 hours. As I was assembled into this line it should be documented that there were numerous protestors already on the 134 bridge attempting to set fire to pile of dead timber that was laid across the road. It appeared as though these subjects were attempting to use gasoline to set fire to the logs in an attempt to make a blockade, and keep our units from gaining access to the other side. At this time it was obvious to me that the drastic increase in vehicle traffic to and from the bridge was in an attempt to pick up more subjects to drop off at the bridge to help get the blockade built up, as they continued to put more logs onto the now smoldering fire. It should be noted that I witnessed several subjects in the North ditch on the East side of the road pick up a large log and place it into the back of a small, maroon, pickup truck with these subjects placed this log into the bed of the pickup, the operator then attempted to pull his truck back up out of the ditch and onto the roadway. However, the shoulder was very steep and as the operator began pulling up the hill his log slid out of the back of the truck bed, striking a horse being ridden directly behind the truck. The horse was black and white, and was being ridden by a subject wearing a blue "cut off? style t-shirt, blue jeans, and a red bandanna of sorts. I then witnessed the horse be struck so hard by the log that it was knocked off of its feet and the rider thrown from the top of him. The rider was then able to get to his feet and, with the aid of others, get the horse back up on its feet as well. At this time it appeared to me that the horse was now bleeding from the back-left (if you were sitting on top of the horse in a riding position) quarter of the horse. As time went on and protestors became more aggressive and agitated it should also be documented that I witnessed two subjects with axes and one with a chainsaw begin to cut down fence posts that were running along the road to add to the now raging ?re that was across our end ofthe 134 bridge. Protestors were now beginning to make trips back and forth from the camps and were throwing bails of straw on top of the ?re to bring it back from the original line of logs to the now disabled vehicle in the middle of the bridge. It was at this time that an individual drove a single cab, older model, pickup truck in a reckless fashion, weaving in and out of vehicles and pedestrians towards the bridge. As this

subject neared the bridge the operator appeared to have lost control and drove his truck into the wall of the bridge. The operator then exited the vehicle, slashed all of the tires on both the truck and car, and began to throw straw on top of them in a clear attempt to set fire to them. After a few short moments both the passenger car and small truck were on fire in the middle of the bridge and burning a dark black smoke. It should also be noted that during this time others continued to throw cut fence posts, tires, and other objects (including spray paint cans) into the fire. At this point the bridge was clearly impassable as the ?ames covered the majority of the bridge and the two vehicles would periodically have an explosion to some capacity and it was too dangerous for our line to maintain a safe distance and we were required to pull back. The protesters and agitators then began yelling and screaming but slowly began to retreat as well. It should be documented that at this time I could now see the subject in the blue shirt and blue jeans that had been riding the black and white horse now attempting to pull him along, almost as if he could not get the horse to listen to him. It was at this time that as the subject pulled on the rains to the horse I could see that the appeared to be very injured and was not using all of its legs properly. After ?dragging? the horse several yards it eventually "gave up? on what the once rider was telling it and just laid down in the grass on the North side of the bridge near the ditch. At this time it was now facing the East and I could not see the same side as I had earlier to see to what extent it had been injured. 5.- ., Jarred Coffing cell

Indiana Conservation Officer Michael K. Greg was working at the 134 bridge for North Dakota on October 27, 2016. I witnessed protesters commit several violations but no arrests were made and the incident was ended without anyone getting hurt. Mam/1C

Prelude: Below are the events that I encountered on Thursday, October 2016. Details of Investigation/Incident: On Thursday, October 2016, Indiana Conservation Of?cer Josh Thomas, participated in securing the bridge on County Road 134. The bridge was illegally barricaded with various debris. I was sent to the ?ank of the bridge, to ensure that protestors did not come through the creek. Throughout the day, I observed several protestors attempt to use the creek as a ?ank, but were unsuccessful. I spent the remainder of the day observing protestors through binoculars, checking for weapons and identifying agitators. I observed vehicles bringing various items, such as tires and hay to add to the fire. I witnessed one man cutting trees with a chainsaw. I concluded the day on the line of the bridge, where I witnessed several protestors breaking windows out of two different vehicles that they placed into the burning debris. They set the vehicles on ?re and left the scene. Attachments: None Current Disposition: Forwarded to Indiana Command

Morton County Sheriff? 5 Department Supplemental Report On Thursday, October 2016, at approximately 0700 hrs, I, Ofc. B. O?Neill #593, of the Indiana Department of Homeland Security District 1 Law Enforcement Strike Team, and of the Morton County North Dakota Sheriff?s Department, arrived at the Mandan Regional Airport for briefing to get my assignment for the day. Along with several other of?cers, I was assigned to team 2 as part of a large operation to address the problem of protestors committing various crimes in Morton County, ND. We were given our objective at the briefing and traveled to our assigned staging area at CR. 134 and CR. 80. Our assignment was to leave from the staging area and address a protestor encampment blocking the road at the C. R. 134 bridge. Between the hours of 1000-1100, we departed for our designated location (CR. 134 Bridge). One of my first objectives was to clear a large blue barn located next to the bridge. I was teamed up with several other members of my District 1 Strike Team. I provided perimeter security while other officers cleared the inside, and it was cleared without incident. There was no one located inside. We then entered the roadway to assist the contingent with dozens of subjects that were gathered on the bridge. The bridge was observed to be blocked with a large amount of debris (trees, metal gate, signs, tires, ect). Tents were also observed to be erected in the roadway and alongside the bridge. The Subjects were given several orders to disperse from the bridge via loud speaker which they ignored. The subjects knowingly and intentionally ignored these orders by setting the debris in the roadway on fire. I stood by as part of a line formation to prevent the protesters from advancing forward. The subjects were continuously given commands via loud speaker to vacate the bridge and disperse however they refused to heed those orders. The initial fire on the North side of the bridge was extinguished by the ?re department. The subjects proceeded to start several more very large fires by burning tires, hay bales, trees and two vehicles. The fires were spaced along the length of the bridge so that at certain points the entire bridge appeared to be engulfed in flames. During the length of the encounter the number of involved subjects grew to well over 150, approaching 200 or more. The majority of the subjects were loud, disorderly, threatening, and violent. Furthermore, many subjects tried several times to cross the river in an apparent attempt to flank the contingent of officers. Some of those subjects were on horseback. During the encounter the subjects used nearly every object they could find to keep the fires burning and at one point were using a chainsaw to cut down trees on the South side of the bridge to have more timber to burn. As the fires grew the crowd moved to the South side of the bridge without any force used by officers. We were kept in a line formation for several more hours and the crowd eventually dispersed leaving the large fires behind them. Once the area was safe the fire department was able to extinguish the fire. The contingent was later pulled back to the staging area for some time and later dismissed. .5214?qu Ofc. B. O?Neill #593 10/27/2016

On Thursday, October 2016, at approximately 0700hrs, I, Sgt. James Onohan #491, of the Indiana Department of Homeland Security District 1 Law Enforcement Strike Team arrived for brie?ng to get my assignment for the day. Along with several other of?cers, was assigned to team 2. We were given our objective. Between the hours of 1000-1100, we departed for our designated location (County Road 134 Bridge). One of my ?rst objectives was to clear a large blue barn located next to the bridge. I was teamed up with several other members of my District 1 Strike Team. Upon entering the barn, it was cleared without incident. There was no one located inside. We then entered the roadway to assist with several subjects that were gathered on the bridge. The bridge was observed to be blocked with a large amount of debris (trees, metal gate, signs, tires, ect). Tents were also observed to be erected alongside the bridge. The subjects were given several orders to disperse from the bridge via loud speaker which they ignored. The subjects knowingly and intentionally ignored these orders by setting the debris in the roadway on fire. I stood by in a line formation to prevent the protesters from advancing forward. The subjects were continuously given commands via loud speaker to vacate the bridge and disperse however they refused to abide orders. The initial fire was extinguished by the fire department however the Subjects proceeded to start an additional fire with tires, hay bales, trees and two vehicles. The crowd eventually moved off the bridge without any force used by us. The fire department extinguished the fire. We were kept in a line formation for a couple more hours as the crowd dispersed the area without incident. 36/. Sgt. James Onohan #491 Date

On Thursday, October 2016 this Officer, Robert Carney #59 of the Indiana Department of Homeland Security District 1 Law Enforcement Strike Team was assigned to Team 2. Upon arrival at our designated location (County Road 134 Bridge) the roadway was observed to be blocked with a large amount of debris (trees, metal gate, signs, tires, ect). Tents were observed to be erected alongside the roadway along with a large amount of subjects gathered on the bridge. One of my first objectives was to clear a large blue barn located next to the bridge. I was teamed up with several other members of my District 1 Strike Team. Upon entering the barn, it was cleared withOut incident as there was no one located inside. The subjects on the bridge were given orders to disperse from the bridge via loud speaker which they ignored. The subjects knowingly and intentionally ignored these orders by setting the debris in the roadway on fire. I, Of?cer R.Carney #59 stood by in a line formation to prevent the protesters from advancing forward. The subjects were continuously given commands via loud speaker to vacate the bridge and disperse however they refused to abide orders. The initial fire was extinguished by the fire department however the subjects proceeded to start an additional fire with tires, hay bales, trees and two vehicles before departing the area. It should be noted no force was used by of?cers and the subjects departed on their own. ll/L lQ Officer: R.Carrd#59 Date: 11/02/2016

mfr/? 00/97 October 2016 I, along with other law Enforcement officers put together a plan to push trespassers off Dapl property and clear highway 1806 of an illegal encampment of protesters. We also planned to remove an encampment off the county 134 bridge near Hwy 1806. The illegal protester camps had blocked Hwy 1806 and camped in the ditches and right of way. Hwy 1806 is a 65 road and it basically been shut down since the protests had grown into the thousands of people. The command staff had gone to the North Camp on hwy 1806 the day before and tried to get them to leave because they were criminally trespassing. They were basically told no by the leader at the time Mekasi. The protesters said they weren?t leaving and that this would be their last stand and that we would have to remove them. The command staff told them repeatedly that we did not want a confrontation and that we wouldn?t arrest anyone who left the area. This was all video recorded. On October 27th 2016 we loaded buses, vehicles and convoyed to our Staging area (FT Rice Recreation area on Hwy 1806), we arrived at staging around 10:00 am. We had another convoy take County Road 135 off of 1806 to county road 80 then to county road 134, that group was staged at that location and was led by Lt Cody Trom (Bismarck PD) and Tom Sharp (Morton County 5.0.). We planned on moving on the objectives simultaneously. We also had a plan to block the Backwater Bridge with two large trucks so the entire main camp could not get vehicles and people up to the North Camp to assist them. There was also a diversion plan to have a couple marked police vehicles drive the easement to AR 128 with lights and siren on to distract the protesters. We received word that the camps knew we were coming and that they had set up a road block on Hwy 1806 at the Cannonball Bridge. We decided to abort the plan to block the bridge with the trucks because they were coming from the south on Hwy 1806 to get to the backwater bridge. Instead the trucks were sent to a staging area and told to stand by. The lead vehicles once we left the staging area on Hwy 1806 were a Bearcat and an MRAP both of these vehicles are armored. During these entire protests we were constantly getting lntel that the protesters were armed with ri?es. We had observed them with large knives and hatchets. Social media from the camps often showed Rifles and automatic weapons that they said they intended on using. This is why these armored vehicles were used; officer safety was of upmost importance to us.

Once within visual distance of the North Camp I could see the protesters had set up barricade across the road. We had spread our front line out filling both ditches and roadway. Lt Glen Ternes who was in the Bearcat and operating LRAD on mode continuously gave commands to go back to the main camp. Ternes stated over and over that nobody would be arrested if they cooperated. We cleared the first barricade and all the tents then continued to push south. I could see protesters wearing gas masks and facemasks. The protesters were very angry and were shouting and cursing at the officers. As we approached the North camp a protester started a car on fire in the middle of the road. There were also logs, hay bales and miscellaneous items piled up in an attempt to stop our movement. We had Mandan rural fire put the car fire out but our officers had inhaled a lot of smoke in the process. As we pushed south some of the protesters cooperated but the majority did not. Once at the North camp we began to clear a hardened structure. Inside we found several people who were in sleeping dragons which were buried in the ground. We passed them off to the cut teams who are tasked these things. Once we began to pass the structure which was on an approach of the Dapl easement protesters began to throw rocks, bottles, feces and logs at the officers. Officers were forced to use pepper spray and less leather rounds on protesters who were doing this. Officers were wearing helmets with shields but this is all the riot gear worn. One officer was hit with a log in the arm which required treatment. I myself was hit several times with hardened objects which I believe were rocks, had I not had my helmet on I would have been severely injured. I observed officers use great restraint as this had turned from a protest into a full out riot. I observed that Law Enforcement was greatly outnumbered by rioters at this point. I observed rioters attempt to flank officers on both the east and west side of our line. The rioters even tried to get to the Dapl security on a hillside west on the easement. We formed a line and drove them back. We were moving a very slow pace at this point because they wouldn?t move. The rioters sent elders and people dressed in cultural attire to the front in an attempt to stop us. We went around some of the elders and left an officer with them then continued forward. Officers started arresting the noncompliant rioters at this point. I saw multiple people resist arrest and assisted officers with handcuffing. The arrested were taken back to Parole and Probation for transport and booking. Most of the North camp was on the East side of highway 1806. The plan was to slowly search each tent or Teepee to clear them. The rioters began to stretch our line to the East in an attempt to flank us. We responded by sending arrest teams to help on the eastern flank. Lt. Stugelmeyer and Captain Niewind of the highway patrol were on the eastern ?ank, I joined them to assist. The rioters would attempt to rush any officer that was not looking and they would act like they were going to fight them also. One of the rioters attempted to take were using. If an officer was arresting a rioter a group of rioters would then try

to come after the officers if he was alone. This made it very difficult to arrest a person safely. We began clearing tents and Teepees all while being screamed and cussed at. The rioters continued to throw objects at us the entire time. I made my way to the west middle and east side checking on the officers and helping where I could. We kept pushing forward. The rioters parked a pickup in the middle of the road and three rioters attached themselves with a sleeping dragon. We by passed them and left them for the cut team. The rioters piled up huge logs and erected a teepee like structure with teepee poles in the middle of the road also. When an of?cer would arrest a rioter the entire crowd in that area would surge forward in an attempt to pull the arrestee back forcing our officers to use pepper spray on them. We had a front end loader come up and remove the logs and debris from the roadway. We slowly were able to clear all tents and teepees but the crowd would not leave or head south yet. Ternes the entire push constantly told them to go to the south camp and that we were not going to come there over the LRAD. The LRAD was used several times but not with much success as many of the protesters were paid professionals. Once past the North camp I heard the crowd cheer and point to the East in the pasture. I observed the Meyer heard of Bison running to the North. I also could see that three protesters on horseback were chasing them. A contingent of swat was sent to intercept the riders in a UTV. The Dapl helicopter began ?ying low trying to change the Bison?s direction. This averted what could have been a stampede and many people getting hurt. A prayer circle of mostly older protesters who were sitting in a circle were also passed by our line and arrested some time later. Cars were lined up and down the ditches and the road was packed with rioters. I told Ternes to announce on the that we would impound any vehicle that was left in the ditch and that they should move them while they can. This got people to start moving their cars and heading south. A pickup pulling a gooseneck horse trailer had driven on the road in front of the Bearcat and The trailer was loaded with people who were throwing things and taunting Law Enforcement. Slowly the crowd began to move. Rioters were still being arrested as they refused to move. Once we neared the contractor approach which was the site of the original protest I observed a car drive into DAPL property and stop under a large transmission tower. The driver exited and ran around to the passenger side. I believed he was going to produce a long gun but then he disappeared. Swat was sent to check the car out and was told that on the passenger side was a burnt rag stuffed into the gas tank. My assumption is the individual wanted to create an explosion that would bring down the tower and the electric lines across the roadway. Just past the contractors approach while at a standstill I heard three pops which were too loud to be less lethal from us. I made my way to the east side of the line in the east ditch where I

observed an officer being checked for bullet wounds. I was told a female that was being arrested pulled out a revolver (which I was shown) and fired three rounds while being arrested. No officers were hit and No of?cers fired any live rounds at her. Officers at the 134 bridge had cleared the bridge using a plow. Rioters had set piles of wood and two vehicles on fire at that location. I could also see smoke rising from the location that Dapl had equipment. The rioters had started a couple pieces of equipment on fire. We continued the push to the curve just north ofthe back water bridge. The trucks we brought to block the bridge we in place and only the armored vehicle were taken to the bridge. I climbed a hill with Jahner and could see the back water bridge. I could see the rioters had pulled an electronic DOT sign onto the bridge and were burning that and a vehicle. The Bearcat and MRAP were stationed just north of the Bridge. The surplus vehicles were placed just to the north of the bridge to block traffic from coming from the south. Within 15 minutes the rioters began setting the trucks on fire. I observed the rioters throw what appeared to be a Molotov cocktail at the armored vehicle stationed to the North of the burning trucks. We had cleared the camp and secured the back water bridge. Bryan Steele