The trial of indigenous rights advocate Nick Tilsen has ended in a hung jury. While Tilsen is still indicted, the state now has the option to drop the charges or press forward.
Tilsen is the president and CEO of NDN Collective, a Rapid City-based indigenous advocacy nonprofit. It’s known for projects which advance Native living conditions and its protests of President Donald Trump’s attendance at Mount Rushmore.
For this case, he’s charged with alternative charges of aggravated assault or simple assault against law enforcement. The jury was unable to reach a unanimous verdict, leading to a mistrial.
Following the trial, Tilsen said in a press conference he’s grateful for the support of his community.
“I just wanted to start off by saying – thank you," Tilsen said. "Thank you to all the people, thank you to all the medicine people, to thank you for everybody that prayed, sent good energy, and support. It has meant the world to me. It meant the world to me to be supported by my community and my people.”
The incident in question dates to June 11, 2022. On that day, footage shows Tilsen pulling into a parking space where an officer was standing. In the video, the truck pulls into the parking space, stops short, and moves forward again.
The officer was interacting with an unhoused community member. According to reporting by the Rapid City Journal, he was stopped for jaywalking.
Nobody was struck by the vehicle, but the state contends this was an effort to intimidate the officer and put him in fear of bodily harm.
Tilsen’s defense hinged on his organizations effort to do “community care.” In other words, watching police and ensuring officers are operating in line with laws and ensuring community members know their rights during police interactions.
For this, Tilsen faced over 25 years in prison for what he contends was a human mistake.
He says he hopes this marks the end of what he describes as a painful and unnecessary saga.
“It has been a journey," Tilsen said. "I’m tired, I’m exhausted, but I’m also relieved, and have lots and lots of gratitude for the support.”
Tilsen said he does not believe any jurors identified as Native. The next steps are in the hands of the state. The Pennington County States Attorney office has 45 days to either drop the charges or push for a new trial.