Indigenous Peoples and Human Rights

December 7, 2025

Rare Photos of Cops who Shot Navajo Marcus Mitchell in the Eye at Standing Rock

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Backwater Bridge, Standing Rock, North Dakota. Jan. 18, 2017. Censored News. Photo may not be reused.

Rare Photos of Cops who Shot Navajo Marcus Mitchell in the Eye at Standing Rock

These rare photos reveal the resistance to the Dakota Access Pipeline on the night of January 18, 2017, when Marcus Mitchell, Dine'/Navajo, was shot and blinded in his left eye by law enforcement. Justice was denied Mitchell by a North Dakota judge. Now, Mitchell's civil rights lawsuit revealing excessive force by law enforcement will be heard before the Eighth Circuit Court of Appeals Court will hear Mitchell's case during December. Mitchell was peacefully protesting the pipeline and defending sacred water of the Missouri River, the source of water for millions.

 
Backwater Bridge, Standing Rock, Jan. 18, 2017. Censored News. Photo may not be reused.


Backwater Bridge, Standing Rock, Jan. 18, 2017. Censored News. Photo may not be reused.

Backwater Bridge, Standing Rock, Jan. 18, 2017. Censored News. Photo may not be reused.


Backwater Bridge, Standing Rock, Jan. 18, 2017. Censored News. Photo may not be reused.

“I have always believed that this case is not just about one person or protest – it is about all indigenous people and our work to preserve and protect what we have left. I am more resolute than ever to continue this fight and hold those who committed violence against peaceful protesters that day accountable.” Marcus Mitchell, Dine'

Article by Brenda Norrell, Censored News, Dec. 7, 2025

Marcus Mitchell, Dine', was shot by law enforcement firing 12 gauge shotguns loaded with lead-filled bean bags. Blinded in his left eye, and bleeding, officers pinned him to the ground. Then, in the hospital in Bismarck, police shackled him to a gunnery and interrogated him. For a day and half the officers and hospital hid Mitchell as his loved ones searched for him.

Mitchell's lawsuit reveals what happened on this night. He is represented by the MacArthur Justice Center, based in Chicago.

"The defendants are Morton County Sheriff Kyle Kirchmeier, Morton County, City of Bismarck, Morton County Sheriff’s Deputy George Piehl, Bismarck Police Officer Tyler Welk, North Dakota Highway Patrol Sergeant Benjamin Kennelly, and John Does 1-2, alleges as follows:

This action is brought pursuant to 42 U.S.C. § 1983 to redress the grave and permanent injuries Marcus Mitchell suffered after being hit by “less-lethal” munitions while peacefully demonstrating against the construction of the Dakota Access Pipeline (“DAPL”) and the deprivation under color of law of Mr. Mitchell’s rights as secured by the First, Fourth, and Fourteenth Amendments to the United States Constitution.

In the early hours of January 19, 2017, Mr. Mitchell, then a 21-year-old Navajo tribal enrolled member, was peacefully protesting DAPL, when law enforcement officers targeted him as an “agitator” and consequently 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 lawsuit continues with this description of the shooting:

"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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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."


Previous article at Censored News:

Marcus Mitchell and Sophia Wilansky, critically injured at Standing Rock, will have their cases heard by a federal appeals court.


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