DAPL trial day 8: Official, expert witnesses testify
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NORTH DAKOTA () — The eighth day of the trial between the U.S. and the state of North Dakota is now complete.

The state is suing the federal government for $38 million to cover the cost of damages that were caused by the DAPL protests during 2016 and 2017.

KX News breaks down what went on in the federal courthouse on Wednesday.

Once again, the courtroom heard testimony from Colonel John Henderson, the commander of the U.S. Army Corps of Engineers’ Omaha Division during the protests.

In the cross-examination, Col. Henderson says his requests for help were met with silence from the federal government.

He says that everyone in North Dakota dealing with the situation had an intense frustration with the federal government, including people from the Corps of Engineers.

He went on to say that all local, Corps, tribal, and state organizations involved wanted the same outcome, but they had a lack of capability and support.

Col. Henderson stated that this made them feel like they were hung out to dry.

The court also heard testimony from David Pearson, an expert law enforcement consultant based out of Colorado.

Pearson says he spent hundreds of hours analyzing law enforcement tactics during the protests, and that their response to actions taken by protesters was reasonable.

He stated that, in light of what law enforcement was experiencing from protesters, safety equipment was necessary.

Some of the harassment from protesters included throwing urine and feces, charging with horses and buffalo, and shooting projectiles at law enforcement.

Pearson said that law enforcement was outnumbered and placed in defense mode, so their use of less lethal tools, such as rubber bullets and chemical agents, was appropriate.

Pearson also said that the officers’ use of mobile field force tactics to separate and move groups, especially during the “Big Push” incident of October 27, was also warranted.

As of February 28, the trial is set to wrap up in mid-March.

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