Officials stand by arrest of man at forum

University and Havre Police Department officials are standing by the arrest of a man at a forum involving questions of free speech and the Dakota Access Pipeline, although some in the community are questioning whether the arrest was needed or justified.

Henry Charles Valdez Jr. was arrested Nov. 30 on a charge of disorderly conduct at a forum held by the Associated Students of Montana State University-Northern to collect input on whether the Senate should vote in favor of a Montana Associated Students resolution about the pipeline protest.

Valdez, who has not responded to a request from the Havre Daily News for additional comment, provided the Havre Daily with a written statement following the arrest saying his rights were violated.

“They started grabbing at me, and I told them not to touch me, again, none of them had identified themselves and grabbed a hold of me,” he said. “I struggled to free myself, not knowing who these men were and fearing for my well-being.”

Community members, during the meeting and in conversations with the Havre Daily, have agreed that Valdez should not have been arrested, although they have not yet agreed to go on the record with their comments.

Havre Assistant Chief of Police Jason Barkus said in an interview that the arrest was justified and the officers followed proper procedures and handled themselves well.

“I believe so,” Barkus said.

The arrest occurred during a portion of the meeting discussing the Senate painting over a #NODAPL hashtag painted on the university Hello Walk between the Student Union Building and the university quad between Cowan Hall and the Armory Gymnasium by the university’s Sweetgrass Society, a Native American cultural group.

Valdez approached the podium without recognition by the chair of the meeting, Senate President Randy Roeber, and told the Senate members to put down their cellphones and listen to the Sweetgrass Society members, using an expletive.

After the chair told him he was disrupting the meeting and had to leave, Valdez walked to the back of the meeting in Northern’s Student Union Building Ballroom.

Valdez said in his statement that he then started to go back to demand a statement in writing that he was being denied an opportunity to speak when men not in uniform, who he said did not identify themselves as police officers, approached him and told him he had to leave. He said when he asked if he was being denied his request to get the order in writing, he was told that he was being denied that opportunity and then was arrested when he protested.

Meeting now moot

The issues discussed at the meeting have become — at least for the moment — moot.

Texas-based Energy Transfer Partners is constructing the Dakota Access Pipeline to transport Bakken Formation crude oil from North Dakota to Illinois. The Standing Rock Sioux Tribe of North Dakota protested its route, saying the pipeline’s proposed route under the Missouri River threatens its source of water and tribal cultural sites. Thousands of people have traveled to North Dakota to support the tribe’s protest of the route.

The forum at Northern was to collect input on whether the Senate should vote in favor of a MAS resolution supporting people’s right to protest the pipeline and opposing Montana sending officers or money to police the protests. The Senate later voted against supporting the MAS resolution.

Sweetgrass Society spoke at the forum, saying its First Amendment rights were violated by the Senate painting over the hashtag logo opposing the pipeline the society painted on the walk.

Senate representatives said, before the meeting, that they did not know who had painted the hashtag on the walk — no identification was painted with the hashtag — and that the body considered it vandalism and the walk was not an appropriate spot for political protests.

In the days following the forum, Northern Chancellor Greg Kegel said in a statement that Sweetgrass Society would be allowed to repaint the hashtag on the steps, and the U.S. Army Corps of Engineers later denied permission to build the pipeline under the Missouri River in the proposed route.

Energy Transfer Partners is the fighting the Corps’ decision in court.

Valdez says rights violated

Valdez said the officers did not identify themselves, did not read him his Miranda rights and handcuffed his hands behind his back when he told them he had a medical condition and they should be cuffed in front of him.

He also said that once the officers identified themselves as police officers he stopped struggling and went with them willingly.

His case is scheduled for an omnibus hearing in Havre City Court Jan. 17.

Valdez was using his cellphone to record the meeting, saying in his statement that Sweetgrass Society asked him to do so.

At one point, Valdez went up to the podium where members of the Sweetgrass Society were speaking and accused student Senate officers of using their phones while society members were speaking.

“With all due respect, put your (expletive) phones away. Now. Listen,” he said.

Randy Roeber, then president of the Senate, said the language Valdez used was inappropriate and that he should leave.

Another person could be heard in the background saying it wasn’t appropriate for Senate officers to be using their phones while someone is speaking. She said three student Senate officers were using their phones.

Valdez gave the phone to another person to record, then went to the back of the room. He said in his statement he was returning to ask for the Senate request in writing when he was approached by the officers, who he said told him he had no right to make his request and told him to leave.

Valdez said he wanted a written statement from the plain clothes officers saying they were removing him from a public forum.

“My language is my freedom of speech,” he said in the video. “If you kick me out now you are violating my freedom of speech.”

At some point, the woman recording with Valdez’ phone went back to where the officers were talking to him.

The video shows one of the men telling Valdez he needed to calm down because he was creating a disturbance.

The officer then placed Valdez’s hands behind his back and applied handcuffs.

The woman recording the incident followed Valdez and officers out of the building.

She was heard on the video telling officers he has bad legs.

She also asked if the officers could take Valdez to her car so she could take him home. The officer said Valdez was under arrest.

University says maintaining order

Northern Vice Chancellor of Finance and Business Administration, who also chairs Northern’s Public Safety and Disaster Committee, said the university decided to ask the police department to assign plainclothes officers to the meeting.

“It was a little bit of an unprecedented event, an open forum on political issues, and we didn’t know how many people we we’re going to expect,” Simonson said. “And we got some input from the student Senate president, that he was concerned and so amongst conversations with the Havre P.D., the dean of students and the president of the student Senate, we came to the decision collectively that it would be prudent to have somebody there but not be in uniform so they would not call attention to themselves.’

He said the university did not give any direction to the police on how to cover the meeting.

Dean of Students Stephen Wise said he thought, other than Valdez’ disruption and arrest, the event went well with people freely speaking their minds.

He added, the police intervention was to allow the forum to continue.

“I think the police handled it exactly as I would expect them to,” he said. “They were professional. They moved in as soon as the person refused to leave and had it not been for the resistance that was put up, it would have been a very easy kind of step from where we were to go on with the forum. Unfortunately, I would say that because of the way some of the people in the crowd responded, it resulted in the forum being ended before our student government wanted it ended, but it was not in any way because of how the police handled it.”

Assistant Police Chief Barkus said Northern has a contract with the Havre Police Department and it’s not uncommon for them to assist with security.

Barkus said it was unlikely that Valdez had his rights read and that it’s not necessary unless he is being questioned or in custody.

Barkus said the officers did identify themselves before arresting Valdez and, as far he’s aware of, Valdez’s rights were not violated during the arrest.

Department of Justice Spokesman Eric Sell said Montana code 46-6-107 says that a person should be informed of their rights before interrogating a person who is in custody.

As for the law on plainclothes officers identifying themselves, Sell said the law requires “an officer who is in plainclothes and initiating an arrest to identify themselves,” whereas  officers who are just escorting people out do not have to identify themselves.