Motion to Dismiss Class C Felony Against Brennon Nastacio

On Friday July 14th Assistant States Attorney Gabrielle Goter of Morton County filed a Motion to Dismiss the Class C felony charge of Terrorizing that had been filed against Water Protector Brennon Nastacio.
The charges against Mr. Nastacio arose from a highly-watched incident on October 27, 2016, where Mr. Nastacio confronted and persuaded DAPL security guard Kyle Thompson to hand his AR-15 semi-automatic rifle over to BIA Police without harming anyone or being harmed himself. watch more..

Until today, Mr. Nastacio faced a potential five-year prison sentence.
In her Motion for an Order of Dismissal, Assistant States Attorney Goter noted there is “significant doubt as to whether the State could meet its burden of proof with regard to Terrorizing.”
“This was a case where Mr. Nastacio acted to protect himself and others,” his attorneys Bruce Nestor and Jeffrey Haas stated. “He should have been thanked and not prosecuted for his bravery.”

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