State v. Bearrunner

Jensen, Justice.

[¶ 1] Julian Bearrunner appeals from a criminal judgment entered following convictions of class A misdemeanor criminal trespass and class A misdemeanor engaging in a riot. We affirm Bearrunner's conviction of criminal trespass and reverse the conviction of engaging in a riot.

I

[¶ 2] On February 1, 2017, a large group of individuals, including Bearrunner, gathered in a pasture near the Dakota Access Pipeline to participate in protest activities. The pasture was owned by Energy Transfer Partners. The pasture was separated from the adjacent highway by a barbed wire fence.

[¶ 3] Law…