Dine' Marcus Mitchell Shot in the Eye at Standing Rock -- Holding the Cops Responsible

Militarized police at Standing Rock: Weapons of brutality: 12-gauge shotgun filled with bean bag shot or tear gas and two tasers. Photo by Rob Wilson 2016.

Marcus Mitchell, Dine', (second from left) with his attorneys before giving his deposition on Friday in Albuquerque. Photo by Dr. Michelle Cook, Dine', director Divest Invest Protect.

At Standing Rock, law enforcement officers were armed with so-called non-lethal weapons, including shotguns loaded with bean bags, as shown here with the orange butt and forearm on the left. Photo by Rob Wilson, Standing Rock, 2016.


Dine' Marcus Mitchell Shot in the Eye at Standing Rock -- Holding the Cops Responsible

By Brenda Norrell
Censored News
Sept. 15, 2023

ALBUQUERQUE -- Dine' Marcus Mitchell, water protector who was shot in the eye at Standing Rock, said now is the time to hold the cops responsible, after giving a deposition in the federal case today. 

"We interrogate the police officers, we weigh them, we measure them and we hold them accountable for the horrendous acts of violence they have committed against us," Marcus said.

Marcus filed a federal civil lawsuit against North Dakota law enforcement agencies after being subjected to excessive violence while peacefully protesting the Dakota Access Pipeline in January 2017. The North Dakota District Court earlier dismissed the case, but the Eighth Circuit Court of Appeals reversed the decision.

"Today was the first day that I've ever come face to face with law enforcement that shot me in the face, resulting in permanent eye loss in my left eye. Basically, what happened was they asked me every single question about my life, from third grade all the way up to a couple weeks ago. They showed me a picture of me at Crow Dog's Paradise dancing," Marcus said.

The photo shown to Marcus during the deposition was one that he was unaware of, and was taken at the annual Lakota Sun Dance.


After responding to the questions today about Standing Rock, he said, "It seemed like with every question that I answered, it was as though their questions backfired on them."

"This is a fight that we have to continue as Indian people."

Marcus said that just because Standing Rock is over doesn't mean that nobody is holding these cops accountable, that nobody is doing the work to restore the balance and set some sort of justice.

"The lawsuit is for all of us, a representation of all of us, each and every one of us that went to Standing Rock in support of Lakota people."

"Now is the time that we as the Seventh Generation of Standing Rock can go on the offensive."

Marcus said those who were at Standing Rock no longer have to face jail time or stress about going to prison.

"We interrogate the police officers, we weigh them, we measure them and we hold them accountable for the horrendous acts of violence they have committed against us."

"I see it as freeing our people, I see it setting a balance for our people."

"I'm happy because I see a lot of good things coming from this," Marcus said, sending his love and gratitude to all of those who were at Standing Rock, from 2016 -- 2017, defending the water, land and people during the construction of Dakota Access Pipeline.

The lawsuit was filed in the Western District of North Dakota and argues that law enforcement violated the First, Fourth and Fourteenth Amendments to the U.S. Constitution.

Federal Appeals Court Revived Standing Rock Excessive Force Lawsuit

The district court dismissed his claims with prejudice. Then, in 2022, the Eighth Circuit federal appeals judges ruled that the district court erred in several judgments. They say a lower court judge improperly dismissed Marcus' claims that officers used excessive force. The case states that Morton County law enforcement exhibited a pattern of using excessive force against peaceful protesters, and Sheriff Kyle Kirchmeier tacitly authorized this force.

The judges sent these claims back to be revisited by the district court. Now, the remaining deposition is that of North Dakota Highway Patrol Sergeant Benjamin Kennelly, the supervising officer who could have intervened. Then the case goes to trial.

Dr, Michelle Cook, Dine', director of Divest Invest Protect said, "After seven long years, we are still here supporting our relatives and Water Protectors. We continue to stand and support as we have from the beginning and we will continue until this case is resolved. We are proud of Mr. Mitchell's spiritual discipline and courage to take these steps for all of us towards justice against police brutality, violations of Treaty rights, and for the protection of water."

Dr. Cook led Native women's delegations to Europe and the United Nations, and a Native women's panel which testified before the Inter-American Commission on Human Rights in Jamaica, on the militarization of law enforcement at Standing Rock and the Tohono O'odham border in Arizona.

Marcus Shot in the Eye, Pounded to the Ground, Interrogated, Shackled and Concealed in the Hospital

Marcus was shot in his eye by a shotgun fired by law enforcement at Standing Rock in the early hours of January 18, 2017, at Backwater Bridge. After he was shot, militarized law enforcement threw him on the ground and he felt like he was drowning in his own blood.

"As police officers kneeled atop him, torquing his arms behind his back to place him in handcuffs, he says he felt like he was drowning in his own blood," The Guardian wrote.

After fainting at the hospital, Marcus woke up to find out he had undergone surgery. Then he had to endure the interrogation shackled in the hospital by law enforcement. Marcus' friends were searching for him, but law enforcement and the hospital kept his location secret.

"For a day and a half, Mr. Mitchell lay alone in his hospital bed. He later learned that people were desperately searching for him, but could not find him, because law enforcement officers, in collusion with hospital staff, concealed his whereabouts. His friends and supporters eventually found him shackled to a gurney in the hospital after his surgery," the court document says.

Marcus was 21 years old in the early hours of January 19, 2017, and was a mechanical engineering student before being moved to join the struggle at Standing Rock, for the protection of the water, and was peacefully protesting the Dakota Access Pipeline.

Law enforcement officers targeted him as an 'agitator; and then shot him with bean bag pellets, without cause or provocation.

"The bean bag round hit Mr. Mitchell in the left eye, tearing off his skin and shattering the orbital wall of his left eye, before becoming lodged in his eye. Debilitated by this injury and choking on his own blood, Mr. Mitchell fell to the snow-covered ground and was immediately detained and taken to Sanford Bismarck Medical Center for surgery," the court complaint states.

Naming Names: Morton County Sheriff, Bismarck SWAT Team and the North Dakota Highway Patrol

Local and state law enforcement and troops with the National Guard conducted a military-style sweep at Standing Rock. Photo by Jenni Monet for The PBS NewsHour. 

The court case filed in 2019 names two of those who fired shotguns filled with bean bags that hit Marcus that day -- Morton County Sheriff Deputy George Piehl, and Bismarck Police Officer Tyler Welk, who is a SWAT team member. North Dakota Highway Patrol Sergeant Benjamin Kennelly was the commanding officer and could have intervened.

Named in the court document are Bismarck Police Officer Josh Brown, Bismarck Police Officer Lane Masters, Defendant Bismarck Police Officer Tyler Welk, Bismarck Police Officer Damian Girodat, Morton County Sheriff’s Deputy Cameron McClenahan, Defendant Morton County Sheriff’s Deputy George Piehl, North Dakota Highway Patrol Trooper Scott Guenthner, and Defendant North Dakota Highway Patrol Sergeant Benjamin Kennelly were all dispatched to the scene and issued 12 gauge shotguns that deployed drag stabilizing bean bag rounds that they were commanded to and did in fact fire at the water protectors.

Marcus Mitchell, Dine', 2017

The court complaint filed in 2019 states:

On the evening of January 18, 2017, and into the early morning hours of January 19, 2017, approximately 200 water protectors gathered at Backwater Bridge to peacefully protest the DAPL.

The water protectors’ peaceful protest included praying, chanting, and playing drums. Elders and women were among the water protectors protesting at the Bridge.

Bismarck Police Officer Josh Brown, Bismarck Police Officer Lane Masters, Defendant Bismarck Police Officer Tyler Welk, Bismarck Police Officer Damian Girodat, Morton County Sheriff’s Deputy Cameron McClenahan, Defendant Morton County Sheriff’s Deputy George Piehl, North Dakota Highway Patrol Trooper Scott Guenthner, and Defendant North Dakota Highway Patrol Sergeant Benjamin Kennelly were all dispatched to the scene and issued 12 gauge shotguns that deployed drag stabilizing bean bag rounds that they were commanded to and did in fact fire at the water protectors. 

46. Upon information and belief, at all relevant times, Defendant Sergeant Benjamin Kennelly was the scene commander. He was assigned the “Forward Command” position and directed law enforcement officers during “pushes” during which officers rushed, advanced toward and deployed munitions at the water protectors. 

47. Defendant Kennelly, as commander of the scene, was at all times carrying out the policies of Defendant Kirchmeier and Morton County, directing officers in the implementation of the strategies, actions, and practices that were created, devised, ordained and/or ratified by Defendant Kirchmeier for the County. 

48. Sometime during the late hours of January 18 and the early morning hours of January 19, Mr. Mitchell went to Backwater Bridge when he heard that law enforcement officers were shooting unarmed water protectors, including elders and women, on the Bridge. 

49. As Mr. Mitchell approached the Bridge, he observed from a distance that law enforcement officers were indeed shooting people on the Bridge. 

50. Mr. Mitchell positioned himself in front of women and elders in the crowd, and maintained a distance of no less than 20 feet away from a line of law enforcement officers, which included those he identified as members of the Morton County Sheriff’s Office and the Bismarck Police Department. 

51. Mr. Mitchell was unarmed and standing among other unarmed water protectors, generally keeping his hands raised above his head to make clear to the law enforcement officers that he was unarmed and peaceful. 

52. Upon information and belief, Defendants singled out certain water protectors, including Mr. Mitchell, whom they deemed to be “agitators” of the protests for arrest in order to particularly punish them, stop the protest, and chill the rights of other water protectors as documented in law enforcement reports after Mr. Mitchell was shot. The Defendants made a plan to shoot and arrest Mr. Mitchell at Backwater Bridge, despite the fact that Mr. Mitchell was protesting peacefully. 

53. With his hands raised in the air, Mr. Mitchell said “Mni Wiconi,” which means “water is life” in the Lakota language. Mr. Mitchell presented no threat to the law enforcement officers, including the Defendants. 

54. Upon a countdown, and without cause or justification, Defendant Morton County Sheriff’s Deputy Piehl and Defendant Morton County Sheriff’s Deputy John Doe 1 shot at Mr. Mitchell with a 12 gauge less-than-lethal shotgun loaded with drag stabilizing bean bag rounds. 

55. At about the same time, also without cause of justification, Defendant Bismarck Police Department Swat Officer Tyler Welk and Defendant Bismarck Police Department Officer John Doe 2 shot at Mr. Mitchell with a 12 gauge less than lethal shotgun loaded with drag stabilizing bean bag rounds. 

56. Mr. Mitchell was hit in the face, leg, and in the back of his head by the Defendant Officers. 

57. A bean bag round shot by the Defendant Officers entered Mr. Mitchell’s left eye socket, shattering the orbital wall of his eye and his cheekbone, and ripping open a flap of skin nearly to his left ear. The bean bag round became lodged into his eye, with strands of the round protruding out of his left eye socket. 

58. Defendant Kennelly had the duty and opportunity to intervene on Mr. Mitchell’s behalf, but did nothing to assist him, and in fact directed, encouraged, and/or facilitated the Defendant Officers’ shooting of Mr. Mitchell. 

59. After being shot, Mr. Mitchell became disoriented and fell face down to the ground, which was covered in snow. His nostrils filled with blood and he was unable to breathe, causing him to feel like he was drowning in his own blood. 

60. Law enforcement officers immediately approached Mr. Mitchell and pinned him to the ground, placing their knees on his body, and holding him down in the snow. Officers then handcuffed Mr. Mitchell tightly behind his back and pulled him up and into a vehicle, as he was unable to get up on his own. 

While in the vehicle, an officer held Mr. Mitchell so tightly that he was again unable to breathe. Mr. Mitchell could not see through the blood on his face. He remained in the vehicle in pain and unable to see, physically pinned by an officer, and told not to move. Officers profanely denied Mr. Mitchell’s requests for water. 

62. Mr. Mitchell was finally transported to Sanford Bismarck Medical Center via ambulance, accompanied by Morton County Sheriff’s Office deputies. When he arrived at the hospital, Mr. Mitchell was unable to walk on his own or see from his left eye. He fainted, and when he awoke, he found himself restrained, with his left wrist and right leg cuffed to the hospital bed. 

63. Doctors advised Mr. Mitchell that he had undergone a surgical operation to remove the bean bag round from his face and eye. He could not see out of his left eye, and he was in pain and felt disoriented. 

64. While he was disoriented and in pain and restrained in the hospital bed, two North Dakota law enforcement officers interrogated him about the Oceti Šakowiŋ camp. The officers asked him about the water protectors’ upcoming plans and whether there were weapons present at the camp. 

65. For a day and half, Mr. Mitchell lay alone in his hospital bed. He later learned that people were desperately searching for him, but could not find him, because law enforcement officers, in collusion with hospital staff, concealed his whereabouts. His friends and supporters eventually found him shackled to a gurney in the hospital after his surgery. 

66. As a result of the Defendant Officers’ actions, Mr. Mitchell suffered irreparable harm to his left eye, to his vision and hearing, and to his sense of smell, in addition to suffering from chronic and debilitating pain on the left side of his face. He has since undergone several medical procedures to treat his injuries. 

67. Mr. Mitchell has not yet fully recovered from the injuries he suffered as a result of the Defendant Officers’ actions. In addition, for his treatment at Sanford Bismarck Medical Center, Mr. Mitchell faces a debt of several hundred thousand dollars. 

68. Law enforcement officers charged Mr. Mitchell with criminal trespass and obstruction of a government function in connection with the abovementioned events, carrying a maximum sentence of two years in prison and $6,000 in fines. 

69. Mr. Mitchell did not know about the criminal charges while he was held at Sanford Bismarck Medical Center. Even though Morton County Sherriff’s Office officers knew that Mr. Mitchell was in the hospital, they did not advise him of the charges against him or that he was expected to appear in court. As a result, a warrant was issued against Mr. Mitchell, and he was forced to retain counsel to quash the warrant. 

70. The criminal charges required Mr. Mitchell to travel extensively between his home in New Mexico to North Dakota and Illinois. The charges were ultimately resolved through a pretrial diversion agreement that resulted in the dismissal of the charges. 

71. By bringing broad and ill-defined charges against Mr. Mitchell, law enforcement officers unlawfully criminalized Mr. Mitchell’s right to defend indigenous sacred land and resources recognized in the United Nations Declaration on the Rights of Indigenous Peoples and the United Nations Declaration on Human Rights Defenders. 

72. As a result of the Defendants’ actions, Mr. Mitchell has also suffered from extraordinary mental and physical trauma, additional pain and suffering, and complete disruption of his enjoyment of daily life. 

Shotgrun for firing bean bags. Standing Rock Photo by Stephanie Keith. 

About the author

Brenda Norrell has been a news reporter for 40 years, beginning as a reporter at the Navajo Times. During the 18 years that she lived on the Navajo Nation, she was a correspondent for Lakota Times, Associated Press and USA Today, covering the Navajo Nation and federal courts. After serving as a longtime staff reporter for Indian Country Today, she was censored and terminated in 2006, and began Censored News, now a collective.

Article copyright Brenda Norrell, Censored News. May not be republished without written permission. Content may not be used on pages with advertising, for commercial use, or any other use.