Tag: injured

Former Drayton Foods Employee Claims She was Fired Unfairly, Sexually Harassed After Injuries

New American vows to take case to court, saying company abuses its immigrant workers

By C.S. Hagen
FARGO
– A former Drayton Foods, LLC employee filed a complaint against the frozen pizza and bread dough company claiming she was fired unjustly and sexually harassed after repeated injuries.

Halima Kwcrwb holds up her Drayton work tag – photo by C.S. Hagen

Halima Kwcrwb, 49, of Fargo, who worked for Drayton Foods, LLC for five years, claimed she was hurt twice while on the job, and filed twice for workers’ compensation with North Dakota Workforce Safety & Insurance, but was denied for wage loss benefits.

Similar petitions for assistance to Job Service North Dakota were also denied, because doctors said she was fit for general work, employment paperwork Kwcrwb provided stated.

Drayton Foods, LLC personnel records given by Kwcrwb indicate she quit, citing “self resignation due to job abandonment,” after a Last Chance Agreement was signed, and she had two consecutive no shows on December 15 and December 16, 2016.

“She was told by the doctor she was able to work,” company personnel paperwork stated. “Did not show up.”

“I was fired,” Kwcrwb said. Her first injury, which occurred after boxes of breadsticks fell on her left arm in August 2016, never truly healed, she said, and disagreements between company-appointed doctors and a doctor she saw on her own dime differ. She worked as a line operator and was paid $10.30 an hour.

“I loved my job, but my first injury happened in August, and I work with broken arm,” Kwcrwb said. “Even doctor gave me restriction to go to work, which I did. My world turned upside down when I was injured, not once, but twice at this company.”

The pain after her first injury became intolerable, but she said she continued to work as best she could with her arm in a sling. Hospital reports she provided report her arm was sprained. Some days the pain, which shot into her back and neck, was too much for her to go to work.

According to company paperwork provided by Kwcrwb, she was warned and then signed a Last Chance Agreement on October 25, 2016. Kwcrwb, who is originally from Sudan, speaks limited English, and has difficulty reading and writing. She said she did not understand what she signed, and that company personnel tricked her.

“You don’t sign it we’re sending you home,” Kwcrwb said.

Hospital records provided by Kwcrwb from September 8, 2016 reveal she was still in pain, but could return to general work and be “active as tolerated.”

Three months later on December 13, 2016, around 9:45 p.m., Kwcrwb fell while climbing a step at work, injuring her back and pelvic region. She said she lay flat, bleeding from a cut she received on her hip on the company floor for three hours before being taken to the emergency room.

Hospital records provided by Kwcrwb show that Kwcrwb was later prescribed Hydrocodone-Acetaminophen, a highly addictive pain reliever, Ondansetron, a nausea preventative medicine, Prednisone, an anti-inflammation drug, and Topiramate, which helps prevent seizures, among other medicines and heat wraps.

Paperwork follow up examinations on December 15 and December 20, 2016, indicate Kwcrwb was to be put on restricted duty, limiting her movement and workload to lifting 10 pounds or less, due to a contusion to her lower back and pelvis.

Kwcrwb continued therapy until just before the New Years, according to hospital records provided by Kwcrwb.

Additional mistreatment included managerial staff allegedly asking her to trade sexual favors for lighter workload while recuperating, Kwcrwb claimed. Both times she was injured managerial staff told her to come back to work, and she was fired after her second injury on January 6, which she also claimed was a direct result of the first mishap.

“The manager asked if I would have boom-boom with him, or sex, and he would give me an easy job,” Kwcrwb said. “And I said, ‘I will never have sex with you.’”

“This accident was a direct result of not being able to properly perform my job due to my previous injury,” Kwcrwb said. “This company knows how to manipulate everything to find you at fault. When my doctor recommended further restrictions, my fear of losing my job was realized. Drayton wanted me to come back to work the day after being released from an overnight stay at the hospital following my second injury. When I refused, they told me I was fired.”

“There is a claim and it is open and active,” Clare Carlson, deputy director of WSI, or the North Dakota Workforce Safety & Insurance, said.

North Dakota Workforce Safety & Insurance is an employer financed insurance state fund covering workplace injuries and deaths, and is the sole provider and administrator of workers’ compensation including wage loss and medical benefits for injuries in the state.

Drayton Foods, LLC is listed as a foreign limited liability company in good standing registered in Delaware in December 1995, according to the North Dakota Secretary of State. The company has approximately 220 employees, according to business directory Buzzfile. 

Schwan’s Co. acquired Drayton Foods, LLC in July in order to increase its US pizza market capabilities, according to media outlet Food Business News. Drayton Foods, LLC has estimated annual revenue of $ 10 million, and primarily makes pizza crusts, dough balls, breadsticks, and dinner rolls, according to media outlet The Business Journals.

Kwcrwb is the mother of eight children, five of whom are either in college or have joined the Army. Today, she is a citizen of the United States – a New American – after escaping a war zone in her homeland nearly two decades ago. She said she never had issues at the company before, and rarely took a day off, working seven days a week while at Drayton Foods, LLC.

After a company manager suggested trading sex for a lighter workload, friends interceded with the manager on her behalf, and she was offered a raise, which she didn’t take, Kwcrwb said. Drayton Foods, LLC hired Kwcrwb on September 26, 2011, according to employment paperwork provided by Kwcrwb.

Kwcrwb made several reports to the company’s human resources department, but nothing was done, she said.

“In this company 90 percent of the employees are New Americans, most of whom cannot speak or write English well, which makes it difficult for them to understand the regulations. Drayton Foods takes advantage of this and abuses their employees.”

A coworker who spoke on the condition of anonymity said he approached the manager after Kwcrwb told him what happened. “She told me that the manager came to her and say, ‘Hey if you need an easy job at least you can sleep with me,’” the coworker said.

“I said ‘Okay, calm down,’ and I went to talk to the manager, but didn’t talk to the president.”  The manager denied the accusation, the coworker said. “He said he never did that to her. Sometimes they joke around with women, and if you are one of the employees and you do that you can be terminated immediately.”

The coworker also believes Kwcrwb was fired unfairly, adding that now she is having a difficult time paying bills.

“And that’s how they’ve been doing, as long as you’re injured they don’t consider you employed to them, you are nothing to them,” the coworker, who is from Moorhead, said.

In addition to her claims of being unjustly fired and sexually harassed, she said a company manager tried to intimidate her into working her normal job along as a line operator.

“He told me since I was hurt I would not last three days at the company,” Kwcrwb said. “He told me that no one would do anything about it because this is North Dakota law. He told me Job Service, WSI, and North Dakota labor enforcement would never do anything about it.”

Now, Kwcrwb said she is in danger of losing her home.

“I’m sharing my story now, because I know there are many others who have gone through what I’ve gone through,” Kwcrwb said. “I know my rights have been violated. I will take this case to court for everything Drayton has put me through.”

Halima Kwcrwb shuffles through a mound of paperwork regarding her employment and injuries – photo by C.S. Hagen

According to laws stipulated in the North Dakota Century Code, all employers, with limited exceptions, must cover workers – full-time, part-time, seasonal, or occasional – against injuries with WSI. Failure to comply could result in penalties and workers can sue an uninsured employer for damages caused. General liability, health, and accident insurance are not substitutes for workers’ compensation insurance, and employers must file applications with the WSI.

When an employer hires in the Peace Garden State, however, a bargain is legally struck with the employee, stipulating that an employee cannot sue an employer for injuries incurred on the job if the company has filed with WSI, a Fargo attorney said.

If, however, an employee is fired because the employer discovered he or she was seeking workers’ compensation benefits, such actions would be illegal and could be considered improper retaliation, the attorney said.

Additionally, if someone is hurt at work, an employer cannot simply fire the employee, rather the employer must interact with the employee in good faith, allowing the employee to maintain employment.

Multiple attempts to contact Drayton Foods, LLC management were made, but no one returned telephone calls for a response to the allegations.

The Final Standing Rock

 Former Oceti Sakowin Camp cleared, 47 arrested, some flee across river to Sacred Stone Camp

By C.S. Hagen
CANNON BALL – Twenty hours before the U.S. Army Corps of Engineers’ deadline to evacuate the Oceti camps, the thunder beings arrived. 

And geese returned home a month or more early. 

Signs, activists say, like the the herded buffalo that charged near law enforcement in November 2016, or the golden eagle who perched for hours on a nearby fence, that nature is listening. 

On the final day for the Standing Rock camps’ fight against the Dakota Access Pipeline, native songs and flames filled the air. No tears, many smiles, for their cause – to protect water and indigenous rights – had just begun, activists said. 

First structures set ablaze at the Oceti camps February 22 – photo by C.S. Hagen

“People on the ground are doing the right thing,” long time activist and attorney Chase Iron Eyes said. Lightning streaked in the horizon as he spoke. 

“They are surrounding us on all sides, not only by the United States military the Army Corps, but by the National Guard, by Morton County Law Enforcement, by every small town and county in North Dakota, and by private DAPL mercenaries. But add to that there are federal Indian police that answer to the Bureau of Indian Affairs, which answers to the Department of the Interior, and used to answer to the Department of War, and now those federal Indian police answer to President Trump.” 

Shiyé Bidzííl, a Standing Rock Sioux activist, has spent many of the winter months at the Oceti camps. He experienced difficulty live feeding one hour before the Army Corps deadline of 2 p.m. Wednesday, and climbed out of the floodplain onto Highway 1806 – where law enforcement kept journalists and legal observers at bay – to get better reception.

“All this stuff we’re doing to Mother Earth here is very wrong,” Bidzííl said. “And in the end, it’s not DAPL, it’s not Morton County, it’s not the water protectors who will have the last say so. All these beings are signs, we’re talking about the thunder beings, the eagles, it’s here. It’s right before our eyes.”

Shiyé Bidzííl, a Standing Rock Sioux, prepares to leave an hour before deadline – photo by C.S. Hagen

Behind Bidzííl, another tipi burst into flames. In all, more than 20 structures including tipis, tents, and makeshift homes were burned to ash. Each flame burst was preceded by an explosion. Two people, a seven-year-old boy and a 17-year-old girl were burned, and had to be transported by the Standing Rock ambulances to local hospitals, according to the North Dakota Joint Information Center. 

“This camp might be burning down, but this is just the beginning of it,” Bidzííl said.

Camp structures were burned not for vengeance, Bidzííl said, but for cleansing. 

“It’s a way of leaving a place that we’ve held so long here, and burning down a structure is a part of that ceremony of leaving things. Burning. Burning all the prayers, all the traditions, all our fights, courage, bravery, strength, all going up in flames. Everything we do here means something.”

Burning their tents activists have called home for months, is also their way of giving back to nature. 

“Burning your camp, burning your tipi, burning a place you’ve called home, because the enemy is coming in to attack you, and we don’t want them touching anything. We don’t want them coming into our tipi and our home. So what do we do? We burnt it. And for us we’re burning it back, let it go back to its natural state of being.”

Guardhouse of the Oceti camps ablaze – photo by C.S. Hagen

South on Highway 1806, across the Cannon Ball Bridge, busses and state-sponsored travel-assistance packages worth $300 were waiting for anyone who wanted to leave. 

Activists at Oceti entrance while fires rage behind them – photo by C.S. Hagen

No one volunteered, Highway Patrol Lt. Tom Iverson said. The services, which included a hot shower, food, taxi money, and a bus ticket home, were going to be available until 5 p.m. Thursday, according to the North Dakota Joint Information Center. 

Jennifer Cook, a legal observer from the North Dakota ACLU was worried about being stuck behind cement barricades, hundreds of meters away from the camps. 

“We are only here to observe actions, we’re not here to protest, we’re only here to record what we see and what we hear,” Cook said. She has seen an improvement in police responses since Governor Doug Burgum took office.

“Our hope is our access will continue, and that we will be able to ensure that this is a peaceful and safe removal of any water protectors that choose to stay in the camp past the two o’clock deadline.” 

Shortly before 2 p.m. deadline, a group of at least 60 activists paraded from Oceti’s front entrance to where a United Nations College bus waited to escort them away. Many were covered in mud, their possessions were meager. Some wore plastic bags to protect themselves from stinging snowflakes. Burning sage and hugs accompanied drumbeats as water protectors – now friends – said their farewells. 

Old Glory and the “shroud-like” image in the flag, activists marching out of the Oceti camps – photo by C.S. Hagen

Across the Cannon Ball River, however, a handful of up to 100 activists refused to leave. Morton County Sheriff’s Department reported 10 people were arrested on Wednesday. Law enforcement did not infiltrate the camps as sundown approached. International journalists from the New York Times, Fox New, CBS, ABC, and local reporters from the Bismarck Tribune, and the Grand Forks Herald lined up like Civil War gentry awaiting a spectacle behind a serpentine wall as the clock struck 2 o’clock. 

More than 100 police officers from counties and cities – Fargo to Kenmare – including the Wisconsin Sheriff’s Department, planned to “ceremoniously arrest” activists, Iverson said. A ceremonious arrest is a staged event meant to show law enforcement’s restraint, but the arrests accompanied real trespassing charges, Iverson said. 

“It’s not going to end today,” Iverson said. “There are multiple camps.” 

Law enforcement also wanted to inspect every dwelling in search of possible crime scenes including missing persons or drugs, Iverson said. Setting fire to structures was hindering police investigations.

“It’s hypocritical to say it’s about clean water when things are on fire and things are exploding,” Iverson said. 

Early morning Backwater Bridge and snow – photo by C.S. Hagen

Earlier on Wednesday, Burgum’s policy advisor, Levi Bachmeier, asked camp wellness director Johnny Aseron for permission to allow armed police with cleanup crews into the camps before the deadline. 

“Armed or unarmed?” Aseron said. “While we are in a cleanup day we’re going to have armed officers in the camp?” 

The offer was refused. The cleanup crews were turned away, according to Iverson. Early Thursday morning the North Dakota Joint Information Center reported no major movements from either law enforcement or the activists remaining in the camps. Law enforcement plans to raid all camps on Army Corps lands, but not the private land at the Sacred Stone Camp. 

Camp leaders also requested a “Geneva space” at the southern end of the Oceti camp for those who wanted to peacefully resist. Their offer was accepted by the governor’s office until 2 p.m. Wednesday. 

Activists said law enforcement were fearful, they, however, were not. 

“Fear,” Bidzííl said. “A wonderful, beautiful, chaotic way of explaining everything. We can use fear to fight fear. I allowed myself to be put into that situation in order to rid the fear in me.

“We got people heading out, we got people with prior felony warrants who are making that choice today to stay here or get out of camp and protect the knowledge and keep it going.” 

Bidzííl planned to leave by the 2 p.m. deadline, and head to Iowa to continue the fight against pipelines. Last December, he recalled being threatened by locals in Bismarck while trying to check into a hotel. 

Tipis and structures burned for a reason – photo by C.S. Hagen

“They terrorized me a lot, but little did they know… all my fear came out of me. I’m not scared to go and do anything or say anything, because it is my right.” He was threatened by locals in Bismarck last December while trying to check into a hotel. 

Since President Trump’s executive orders to expedite the Dakota Access Pipeline, and the Army Corps’ sudden issuance of the final easement under the Missouri River under Lake Oahe, less than one mile from the Standing Rock Reservation’s border, Bidzííl has frequently heard the DAPL equipment digging. 

“There’ more power in ourselves when we show we can stand up to the fear, the racism, and the terrorizing.” His experience at the camps, which have stood in resistance to big oil interests since April 2016, have united hundreds or tribes across the world, and was at one time North Dakota’s tenth largest community, has changed him, he said. 

Activists salute at the front entrance of Oceti camps – photo by C.S. Hagen

“There’s so much militarized force here, but that’s how much fear they have in them,” Bidzííl said. “They have to show their superior force to make them feel okay with themselves.” 

He knows all about the indigenous struggles, and how Native Americans have been given more than a “bad shake” since the 1851 Treaty of Fort Laramie. 

“You know what’s different about it this time? They created something that creates fear in their eyes so much, and that’s called water protectors. We’re here to protect water, but at the same time we’re here to protect what’s right in this world.” 

Law enforcement cleared the former Oceti Sakowin Camp by 2:09 p.m Thursday, arresting 46 activists who refused to leave the main camp area, according to the North Dakota Joint Information Center. 

“The past two days have gone very smoothly in a challenging environment and complex effort to clear the camp,” Burgum said in a press release. “Dozens of local, state, and federal agencies showed tremendous coordination to ensure the prices was conducted safely and securely.”

No less than lethal force was used during the overtaking of the former Oceti Sakowin, the North Dakota Joint Information Center reported. A group of veterans occupying a tent refused to leave voluntarily, but would exercise passive resistance resulting in law enforcement carrying them out. 

One activist waited for police on a rooftop. Approximately 60 activists fled to the frozen Cannon Ball River, and many others escaped to Sacred Stone Camp, which is on private land and was not to be cleared, according to government spokespeople. 

As of February 21, the North Dakota National Guard accounted for 35,412 man hours spent guarding road blocks and assisting police, and 1,421 guard members were called for duty throughout the controversy, according to the North Dakota National Guard. The North Dakota National Guard spent a total of $8,752,232 during the months after former Governor Jack Dalrymple called a state of emergency in August 2016. 

 

Veteran who spoke to police on behalf of an elderly woman in the camp being arrested – photo provided by North Dakota Joint Information Center

Activist being arrested – photo provided by North Dakota Joint Information Center

Well armed police prepare to clear an area – photo provided by North Dakota Joint Information Center

Law enforcement entering former Oceti Sakowin Camp – photo provided by North Dakota Joint Information Center

Woman Injured at Backwater Bridge May Lose Arm

Family speaks out: “I died a thousand deaths” victim’s father says

By C.S. Hagen
OCETI SAKOWIN
– The woman who nearly had her arm blown off Sunday night at the Backwater Bridge standoff is in stable condition, according to the Standing Rock Medic Healer Council.

Sohpia Wilansky, 21, from New York, was hauling drinking water to activists near the front line when a concussion grenade thrown by law enforcement hit her left arm and exploded, according to medic reports.

(Graphic) Injured woman with arm nearly blown off - photo provided by Keven Gilbertt

(Graphic) Sophia Wilansky with arm nearly blown off. Father, Wayne Wilansky, said during interview that she had been at Oceti Sakowin for three weeks, and planned to stay no matter how cold the winter weather becomes. Wilansky has undergone surgery, but more surgeries are required. “It’s now my fight too,” Wayne Wilansky said. – photo provided by Keven Gilbertt

Law enforcement denies the accusation, claiming a Coleman propane explosion wounded Wilansky. “There was an explosion behind in the protester area, we don’t know where it came from but it wasn’t law enforcement,” Morton County Sheriff Kyle Kirchmeier said.

“These statements are refuted by Sophia’s testimony, by several eyewitnesses who watched police intentionally throw concussion grenades at unarmed people, by the lack of charring of flesh at the wound site and by the grenade pieces that have been removed from her arm in surgery and will be saved for legal proceedings,” the Standing Rock Medic Healer Council press release stated.

Activist standing under a shower in sub-freezing temperatures - photo by Rob Wilson Photography

Activist standing under a shower in sub-freezing temperatures – photo by Rob Wilson Photography

The explosion destroyed Wilansky’s radial and ulnar arteries, and shattered her radius, according to medic reports. “All her muscle and soft tissue between her elbow and wrist were blown away. The police did not do this by accident – it was an intentional act of throwing it directly at her,” Wilansky’s father, Wayne Wilansky, said.

Medics also claimed police were shooting people in the face and groin areas intending to cause as much damage as possible.

“She will need multiple surgeries to try to gain some functional use of the arm and hand. She will be, every day for the foreseeable future, fearful of losing her arm and hand,” Wayne Wilansky said. “There are no words to describe the pain of watching my daughter cry and say she was sorry for the pain she caused me and my wife. I died a thousand deaths today, and will continue to do so for quite some time.”

Injury reports stemming from Sunday night and early Monday morning’s standoff at Backwater Bridge climbed to 300, according to medic reports. “These 300 injuries were the direct result of excessive force by police over the course of 10 hours. At least 26 people injured had to be evacuated by ambulance to three area hospitals.”

Riot police spray activists at Backwater Bridge - photo by Rob Wilson Photography

Riot police spray activists at Backwater Bridge – photo by Rob Wilson Photography

Some of the additional injuries included an elderly man who lost consciousness, but was revived, a young man who suffered a grand mal seizure, a woman who was shot in the face by a rubber bullet, a young man shot in the abdomen by a rubber bullet who was vomiting blood, a young man shot in the back near the spine by a rubber bullet, and multiple fractures, according to medic reports.

Law enforcement said late Monday night they received no reports of any activists injured.

The front line separated with coils of razor wire - photo provided by Rob Wilson Photography

The front line separated with coils of razor wire – photo provided by Rob Wilson Photography

During a press conference, Kirchmeier added that Backwater Bridge is deemed unsafe, that the trucks were purposefully left blocking the Highway 1806, and investigators will not inspect the bridge until activities have calmed down.

“We can use whatever force necessary to maintain peace,” Mandan Police Chief Jason Ziegler said. He stated the use of water on activists in sub-freezing temperatures was necessary, and that law enforcement would use the same tactics again.

“It was effective, wasn’t it?” Ziegler said.

A total of 528 individuals have been arrested on charges stemming from the DAPL controversy since early August, according to Morton County Sheriff’s Department. 

Frozen water at Backwater Bridge - photo by Rob Wilson Photography

Frozen water at Backwater Bridge – photo by Rob Wilson Photography

 

Bismarck Under Soft Lockdown, Army Corps Halts DAPL Construction

Hundreds march on Peace Garden State’s Capitol, no arrests, Army Corps says DAPL construction “cannot occur”

By C.S. Hagen
BISMARCK – The Peace Garden State’s capital city was partially locked down Monday as Standing Rock and approximately 500 supporters hit the city’s streets in defiance of the Dakota Access Pipeline.

Some schools closed. Roads closed. The North Dakota State Capitol Building partly closed. At least one school’s students were put into shelters, Bismarck resident Shane Balkowitsch reported, because activists marched down an adjacent street.

Balkowitsch, a wet plate photographer, watched his son’s choir concert later Monday evening sing “This Land is Your Land,” and could only feel sadness during the performance.

Activists at Capitol - photo provided by Rob Wilson Photography

Activists at Capitol – photo provided by Rob Wilson Photography

“You see, just four hours before at this same school there was a mandatory ‘shelter lockdown,’” Balkowitsch said. He received warning text messages on his cell phone about the action. “It turned out a peaceful group of DAPL protesters were walking down the street executing their First Amendment rights. The school felt this action was warranted to ‘protect the safety of the students.’”

Instead of sheltering the students, Balkowitsch said the school his child attends should have taken the opportunity for discussion.

“I was told that this ‘was not a political statement’ and I told them that is exactly what it was, and that fear-mongering should not be tolerated,” Balkowitsch said. The school had an opportunity to teach the children about the First Amendment and what it means, and that maybe someday they will want to exercise this God-given right.”

The First Amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

“Doing a lockdown tells the children that there is something to fear and worry about, that what is happening is bad. It is not.”

No DAPL activists in Bismarck - photo provided by Rob Wilson Photography

No DAPL activists in Bismarck – photo provided by Rob Wilson Photography

“It was put in place to keep the large group from demonstrating in the capital,” North Dakota Highway Patrol Lt. Tom Iverson said. “The North Dakota State Capitol building was placed on ‘soft lockdown’ this morning after pipeline protesters converged on the Capitol from all directions. Approximately 500 protesters carrying signs, placards and chanting converged on the Capitol with several attempting to enter the Capitol building.”

The North Dakota State Capitol building was placed on “soft lockdown” around 11:30 a.m. Monday, with all exterior doors to the building locked and monitored by North Dakota Highway Patrol officers, Iverson said.

Activists gathered at the north and west entrances, and the south mall area of the Capitol, Iverson said. After 1 p.m. activists marched down Third Street toward the William Guy Federal Building.

“Law enforcement blocked off the roadway from traffic and lined up along the grass area next to the Federal Building. Protesters were notified that their actions of blocking the roadway were unlawful and they needed to return to their vehicles. The protesters slowly made their way back to the Capitol after approximately two hours.”

No arrests were made on Monday at the Capitol or closer to St. Anthony where approximately 50 activists marched on a Dakota Access Pipeline construction site, Iverson said.

“They proceeded onto the DAPL easement locked arm in arm, but were confronted by DAPL security personnel who gave them orders to vacate the private property.”

DAPL pipeline and drillpad at Missouri River at Lake Oahe - photo provided by Myron Dewey

DAPL pipeline and drillpad at Missouri River at Lake Oahe – photo provided by Myron Dewey

In what activists describe as good and welcome news, the U.S. Army Corps of Engineers reported Monday that it informed the Standing Rock Sioux, Energy Transfer Partners, and Dakota Access LLC that it completed its review launched on September 9.

“The Army has determined that additional discussion and analysis are warranted in light of the history of the Great Sioux Nation’s dispossessions of lands, the importance of Lake Oahe to the tribe, our government-to-government relationship, and the statute governing easements through government property,” the statement reported.

Furthermore, the Corps invited the Standing Rock Sioux Tribe to engage in discussions regarding potential conditions on a new easement for pipeline crossing that would reduce the risk of a spill or rupture, or “hasten detection and response to any possible spill, or otherwise enhance the protection of Lake Oahe and the tribe’s water supplies.

“While these discussions are ongoing, construction on or under Corps land bordering Lake Oahe cannot occur because the Army has not made a final decision on whether to grant an easement.”

Energy Transfer Partners, the parent company of Dakota Access Pipeline, said one week ago that within 14 days it would be drilling under the Missouri River at Lake Oahe. Energy Transfer Partners personnel could not be reached for comment; neither media personnel or the company’s CEO, Kelcy Warren, have returned emails or telephone calls since early August.

Buffalo behind fences - Indigenous Rising Media

Buffalo behind fences – Indigenous Rising Media

Last week, video footage taken by Indigenous Rising Media near the Dakota Access Pipeline drill pad route revealed hundreds of buffalo trapped behind fencing, and apparently without access to proper grazing areas or water, which prompted the Animal Legal Defense Fund to investigate.

“There have been threats of killing the buffalo by the construction company. The Animal Legal Defense Fund is confirming reports, collecting information, and investigating the legality of the treatment of these buffalo,” Animal Legal Defense Fund reported.

Morton County Sheriff’s Department confirmed that buffalo were fenced in near the DAPL pathway. “The owner wanted them moved to a different pasture,” Morton County Sheriff’s Department reported. “They were corralled to transport.”

Additionally, Morton County Sheriff’s Department has begun an investigation into the case of a DAPL worker who allegedly brandished a handgun and drove a Four Square Concrete truck and excavation equipment into a crowd of activists. At least one woman was injured during the incident, activists and law enforcement reported. As he drove away, the driver allegedly fired his pistol multiple times into the air, according to video footage.

“The case construction worker is under investigation. The woman was offered medical assistance bur refused treatment.”

DAPL employee brandishes handgun before driving truck through crowd - online sources

DAPL employee brandishes handgun before driving truck through crowd – online sources

Four Square Concrete LLC is a Mandan company registered in June 2013, according to the North Dakota Secretary of State, and is a “family owned and operated business,” according to the Four Square Concrete LLC website. The North Dakota Secretary of State lists Leonard Leingang as the registered agent.

Morton County Sheriff’s Department would not release the name of the DAPL worker involved, but a Facebook page entitled “Leonard Leingang is a Hero” has attracted national attention.

Facebook posts on the Leingang page denounce the man allegedly involved is a hero, among other various insults. Attempts to reach Leingang at the telephone number provided on the company’s website were unsuccessful.

dapl-drill-pad-less-than-a-quarter-of-a-mile-from-missouri-river-photo-provided-by-myron-dewey

DAPL drill pad less than a mile from Standing Rock Sioux reservation, and nearly on Missouri River’s banks – photo provided by Myron Dewey

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