Standing Rock Trial Update: Court Solidarity Success

Progressive Christian Social Action

Arrested at Standing Rock on Nov. 11, 2016

Standing Rock Trial Update:  Court Solidarity Success

One year ago today, I was arrested at Standing Rock Reservation with three local friends–Janie Kesselman, Shirley Osgood, and Christy Hanson–and over twenty-five other people at a Water Protectors’ action.  We were taken to several different North Dakota jails, then released on bail.  We all went back to our homes, dispersed around the country, and awaited our trials.  Mine was scheduled for December 8, 2017.

Most of us pleaded “not guilty” to the misdemeanor charge of “obstructing a government function.” We hired our own lawyers or were assigned public defenders, who worked closely with the Water Protectors Legal Collective, the group that had given us legal training and paid our bail.  The Freshet Collective also gave us support.  They looked us up and put us in touch so that we could communicate with each other directly.

We refused to consider any offers from the prosecution that did not include us all, and held fast to our right to a jury trial.  By doing so, we were engaging in “court solidarity,” a tried and true legal tactic for practitioners of active nonviolence.  The purpose is to take the struggle for justice to the courts and to act in solidarity with each other to protect the most vulnerable among us from being targeted with disproportionate fines or jail time.  In this case, Indigenous people would have been the most likely to be targeted, but court solidarity also gives a degree of protection to anyone who might be targeted on the basis of race, ethnicity, religion, class, age, gender identity, sexual preference, disability, etc.

Finally, just a few weeks ago, as we were beginning to make travel arrangements to return to North Dakota for our trials, we were offered a settlement that looked pretty good.  Many of us who were arrested together consulted together online, and when we were all agreed, we accepted the offer.  It’s called a “pre-trial diversion,” which means that we don’t have to travel back to North Dakota, plead guilty, or pay fines.  We do have to pay the standard court fees of $350, but that mostly means forfeiting the bail that was already paid.  And we each have to donate $100 to a North Dakota Charity.  I sent my donation to the Great Plains Food Bank in Fargo, North Dakota.

We also had to agree to six months of unsupervised probation, with the only stipulation being that we avoid any other criminal charges.  This part of the agreement concerned some of us, who feel it is important to maintain our flexibility, because you never know when strong and courageous nonviolent direct action might be necessary.  But according to my lawyer, it is unlikely that arrests in another state for nonviolent action would be reported to Burleigh County, North Dakota.  Regardless, he said, “You could probably go back to North Dakota and rob a bank and they’d still not renew this case,” because the courts are so ready to be done with the backlog of these cases.  After the six months, our cases will be closed and we won’t have a conviction on our records.

This was a court solidarity success.  But now we all must stand in solidarity with anyone else who faces charges related to Standing Rock.  The authorities can’t deal with all these cases, but they would like to make an example of someone.  Judge Merrick, who was scheduled to be my trial judge, threw a 27-year old man and a 64-year old woman in jail a couple of weeks ago. They weren’t even given time to get their affairs in order, but were remanded to jail immediately.  See more about these cases here.

Meanwhile, Chase Iron Eyes, a Lakota who grew up on the Standing Rock Reservation, is being charged with inciting a riot, and he faces five years in jail, despite the fact that Standing Rock was a strictly peaceful and prayerful encampment.  See a short film about his case and sign the petition to drop his charges here.

Meanwhile, a federal judge has ruled that the Dakota Access Pipeline was constructed illegally and is pumping oil illegally.  The fight is not over yet.

Thanks to all who gave so generously to my three local friends and I to help us raise money for our legal fees.  Because we don’t have to go back to North Dakota for trials, we have extra money left over, which we will split between the Water Protectors Legal Collective and the Freshet Collective.  If you donate to these organizations, you support other people facing trials for charges related to Standing Rock as well.

As I wrote in Love in a Time of Climate Change:

“Regardless of the outcome of the struggle, Standing Rock has become a symbol of Indigenous resistance to the degradation of creation for the sake of profit. It is also a model that will be replicated as people seek to protect the rights of Native people and the gifts of creation in this critical time. Standing Rock represents the much larger struggle of bringing peace, justice, and healing to the earth. It demonstrates that when people come together in peace and in prayer, there is hope that creation may be protected and justice may prevail against the principalities and powers of this and any age.”

See Sharon’s previous blog posts about Standing Rock and resistance to the Dakota Access Pipeline in North Dakota.

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Standing Rock Victory and Trial Updates

Progressive Christian Action Blog

Standing Rock Victory and Trial Updates


People who have supported the Standing Rock Sioux in their struggle against the Dakota Access Pipeline are celebrating a victory, as we hear the news that a federal judge ruled on June 14 that the Army Corps of Engineers must review the permits that allowed the pipeline to go through.  President Donald Trump had signed executive orders speeding up the approval process of both the DAPL and the Keystone XL pipelines, but this ruling is yet another example of Trump Administration policies that do not stand up under scrutiny by the courts.  Fortunately, there are still judges who rule based on laws to protect people’s rights and the commons, laws that were often put in place through the democratic process fueled by people power.

Trials against water protectors and allies who stood with them are proceeding.  Many have been dismissed.  Standing Rock Chairman David Archambault II and Council member Dana Yellow Fat were acquitted by a jury.  The trials of those of us who travelled to Standing Rock from Nevada County have been postponed until November or December.  My trial is now scheduled for December 8.  Our lawyers are still working with the  Water Protectors Legal Collective, the organization that bailed me out after spending four days in Burleigh County Jail.

I join my prayers with the Standing Rock Tribe and with people around the world in joy at this partial victory and in hope that justice will prevail.  In words from my new book, Love in a Time of Climate Change,:  “Regardless of the outcome of this struggle, Standing Rock has become a symbol of Indigenous resistance to the degradation of creation for the sake of profit. It is also a model that will be replicated as people seek to protect the rights of Native peoples and the gifts of creation in this critical time. Standing Rock represents the much larger struggle of bringing peace, justice, and healing to the earth. It demonstrates that when people come together in peace and in prayer, there is hope that creation may be protected and justice may prevail against the principalities and powers of this and any age.”

See more of Sharon’s blog posts related to Standing Rock, including posts about her arrest and upcoming trial. 

Read the full excerpt, Indigenous Resistance and Standing Rock here, from Love in a Time of Climate Change.

 To receive an email notification each time Sharon posts to her blog, click the “Follow Sharon Delgado” button at the right.


Standing Rock: Together We Rise


Today at 4 p.m. we’ll be out in the rain, standing on the Broad Street Bridge in Nevada City, holding signs that say “Support the Standing Rock Sioux,” “No DAPL,” and “Water is Life.”   We are joining today’s worldwide day of emergency actions called by the Indigenous Coalition at Standing Rock against the Dakota Access Pipeline (DAPL).   These actions are a response to yesterday’s announcement by the Army Corps of Engineers of their intention to grant the easement for the pipeline to be installed under the Missouri River near the Standing Rock reservation, endangering their water and the water of millions downstream.  This decision is an attempt to bypass the Environmental Impact Statement required by an earlier decision by the Army Corps under the Obama Administration.

People knew this could be coming.  Although Trump has now sold his investments in DAPL, the CEO of Energy Transfer Partners, Kelsey Warren, gave over $100,000 to his campaign.  One of Trump’s first actions as president was to sign executive orders attempting to streamline both the Dakota Access and Keystone XL pipelines.

This is just one of the shocks coming down from the Trump Administration in its first weeks, shocks that have thrown the country and world into dangerous chaos, but have also triggered massive resistance. May Boeve, Executive Director of said,

“Trump clearly doesn’t know what he’s doing. Indigenous peoples, landowners, and climate activists did everything in our power to stop Keystone XL and Dakota Access, and we’ll do it again. These orders will only reignite the widespread grassroots opposition to these pipelines and other dirty energy projects. Trump is about to meet the fossil fuel resistance head on.”

It is this resistance that gives me hope, even as we witness the spectacles of terror unfolding before us.  I address this in a section of Shaking the Gates of Hell called In Resistance is the Secret of Joy:

“In resistance to the institutions and systems that destroy the earth and crush the life out of people, hope comes alive. As we withdraw our consent to these Powers, practicing noncooperation, finding or creating life-supporting alternatives, what has seemed impossible becomes possible because we are willing to pay the price to make it so. It is like the difference between being a spectator in the stands and being a player on the field. As Dorothee Soelle says, `Only when we ourselves enter the game and bind our own life inextricably to the game’s outcome does hope arrive.’”

I am proud to stand with my Indigenous brothers and sisters and with people of all or no faith traditions in this struggle for water and life.  I myself seek to follow Jesus, who was tortured and killed by the ruling Power of his time.  But death does not have the last word.

Together we rise.

Follow Sharon’s blog by clicking the “Follow Sharon Delgado” button at the right or by “liking” the Shaking the Gates of Hell Facebook page.  

Find her previous blog postings about Standing Rock.  

Preparing for Trial in North Dakota

58408707190cf_800x686-56195462478UPDATE:  My trial has been postponed until February or March, because there are so many court cases.  Shirley’s trial is now scheduled for Jan. 31, together with Janie and Christy’s.  Their trials could be postponed as well.


As the New Year approaches, four of us from Nevada County who were arrested in November during a nonviolent action near Standing Rock are preparing to return to North Dakota in January for trial.   The lawyers we have retained are in touch with the Water Protectors Legal Collective, the legal team that bailed us out of jail and keeps us updated about trials related to Standing Rock.

My trial is scheduled for January 13, so it’s coming up soon.  My lawyer is trying to have it rescheduled to January 31, so I can travel and go to court with Janie and Christy, whose trials are scheduled for that date.  Shirley’s trial has not yet been scheduled.  Evidently the courts are overwhelmed, so my lawyer says that some of our cases may be postponed or even dropped.

But trials are moving forward.  According to the Water Protectors Legal Collective, “Criminal prosecutions of the over 500 Water Protectors who have been arrested since August are moving forward rapidly, amidst an extremely hostile criminal legal system.  Hundreds of Water Protectors will be in court during the next few weeks.”

The first trials related to Standing Rock were held these last two weeks of December.  The first case was continued because the prosecutor had failed to provide the defense team with evidence that could exonerate the defendants.  Several other cases were continued due to the holidays and the difficulty of getting to court because of the recent blizzard.  On December 20, those who appeared had a jury trial, were found guilty, and were sentenced to 10 days in jail.  All 10 days were suspended for those willing to pay $500 to Morton County and $500 in court costs.  According to the Legal Collective, “Though disappointing, the sentence is much better than the plea bargain the prosecution had offered prior to trial.”

We will see how these cases proceed.  Each case is different, and the charges vary.  I am charged with “obstructing a government function” (I thought I was obstructing a corporate function).  It is a Class A misdemeanor, the most serious, carrying a penalty of up to one year in jail, though I doubt that the sentence will be that harsh.

I welcome the opportunity to “speak truth to power” through the court system in support of the water protectors at Standing Rock.  By standing up for what we believe and refusing to be intimidated, we discover the strength we have.  By acting for justice in solidarity with others, the way forward becomes clear.  Both personal and social transformation become possible and hope becomes a reality.

For those who are able to make a year-end donation:

Donate to the Crowdfunding Site for our Legal Fees.  This is tax-deductible because it is being administered through local nonprofit Earth Justice Ministries.  Thanks to the generosity of our supporters, we are close to our goal of raising enough money to pay the up-front fees for our lawyers.  Additional funds will go towards travel and lodging as we return to stand trial.  Funds that we don’t need for our trials will be donated to the Water Protectors Legal Collective.

Donate to the Water Protectors Legal Collective, which paid our bail, are working with our lawyers, and are keeping us updated about trials related to Standing Rock.  They are also raising money to assist people with travel and housing who need to return to stand trial.

Donate to the Oceti Sakowin Camp, the main camp at Standing Rock.  As of today, they are not accepting any physical donations except firewood and cash.


Follow Sharon’s blog by clicking the “Follow Sharon Delgado” button at the right or by “liking” the Shaking the Gates of Hell Facebook page.  

 Find previous blog postings about Standing Rock.  

Light in the Darkness of a Trump Presidency

On Our Way to Standing Rock

On Our Way to Standing Rock

My birthday falls during the darkest time of the year.  Then, almost immediately, the Winter Solstice is here.  We celebrate the dawning of the light and the days start getting longer.  Then comes Christmas, and we celebrate the birth of Jesus and the coming of the light of Christ.

Being someone who seeks to follow that light, it’s unfathomable to me that over 80% of white Evangelicals voted for Donald Trump for president. (See Christianity Today)  The values, practices, and policies that Donald Trump models and promotes are the antithesis of the teachings and example of Jesus.  It reminds me of a book called Tired of Apologizing for a Church I Don’t Belong To.  I don’t apologize for Right Wing Christianity and I definitely don’t belong to that church.

For people who yearn for peace, justice, and the healing of creation, the election of Donald Trump has brought a new level of darkness.  But even the specter of Trump as president is not enough to completely blot out the light.

My friends and I arrived at Standing Rock on Election Day.  That night, we watched the election results on the TV in a hotel room at the nearby casino.  The reality of Trump’s election hit us hard, along with all the people in the camp.  But I was glad to be with like-minded people and engaged in positive action during that time.

I believe that perseverance in the work for justice, even and especially during the hard times, will help us move as a people in the direction of the light.  The struggle has been hard, but it looks like it’s about to get harder.  I am still glad to be surrounded by people who have been praying and working for justice for a long time, and by those who are new to the struggle.

As the darkness of fear descends upon people who are vulnerable, those of us who care will stand in solidarity with them, for if we stand by and allow our brothers and sisters to be sacrificed, we become part of the darkness.  As hate and discrimination become the norm, we will stand in resistance to cruel policies and act with compassion.  As lies pervade public discourse, we will seek truth and open ourselves to the guidance of Spirit.  As greed and selfishness become conventional wisdom and national policy, we will share with the poor and stand with the dispossessed.  As the darkness of despair settles in, threatening to paralyze us with apathy, we will rouse ourselves, become more fully human, and take actions that embody hope.

Like many others, I have seen and seek to follow the light in my daily life.  I know that “the light shines in the darkness and the darkness has not overcome it.”  I still believe that we shall overcome someday.  Each day that we walk hand in hand we help make it so.


To find out more about a Jesus whose mission was to bring “good news to the poor and release to the captives,” and to “bring down the mighty from their thrones and to raise up the lowly,” see a previous Christmas blog:  The Revolutionary Stories of Baby Jesus.  Or take a look at Jesus, Resister, Part I or Jesus, Resister, Part II, or just about any of my other writings

Follow Sharon’s blog by clicking the “Follow Sharon Delgado” button at the right or by “liking” the Shaking the Gates of Hell Facebook page.  

 Find previous blog postings about Christmas.

 Find previous blog postings about Standing Rock.