A federal grand jury in Iowa indicted a Sedona area teacher on Sept. 19 for vandalism and arson along the Dakota Access Pipeline in 2016 and 2017.
Ruby Katherine Montoya, a teacher at Running River School in Sedona, and fellow environmental activist Jessica Rae Reznicek were indicted by the U.S. District Court for the Southern District of Iowa on one count of conspiracy to damage an energy facility, four counts of malicious use of fire and four counts of use of fire in the commission of a felony.
The charges stem from a series of arsons of heavy machinery and piercing the Energy Transfer Partners’ Dakota Access Pipeline, also known as DAPL.
Reznicek appeared in Des Moines on Oct. 1, before U.S. District Court Judge Rebecca Goodgame Ebinger and was conditionally released pending trial, which is currently scheduled for Dec. 2.
Montoya was arrested by federal agents on Sept. 27 and detained pending court proceedings to determine her appearance in the Southern District of Iowa. She was released from the custody of the U.S. District Court for Arizona on Oct. 4.
Prosecutors allege Reznicek and Montoya “conspired to knowingly and willfully damage and attempt to damage the property of an energy facility involved in the transmission and distribution of fuel … and to cause a significant interruption and impairment of a function of an energy facility.”
The other eight counts allege four specific instances of damage or attempts to damage portions of the DAPL in 2017.
If they are convicted of conspiracy, Reznicek and Montoya face up to 20 years imprisonment, not more than a $250,000 fine, or both. If they are convicted of use of fire in the commission of a felony, they face a mandatory minimum 10 years imprisonment, each to be served consecutively. If convicted of malicious use of fire, they face a mandatory minimum five years imprisonment and a maximum of 20 years, up to a $250,000 fine, or both, for each charge.
On July 24, 2017, Montoya and Reznicek publicly read a1,500-word statement at a press conference attended by law enforcement and news crews in front of the Iowa Utilities Board in Des Moines, Iowa, claiming responsibility for various acts of arson and sabotage against DAPL in Iowa and South Dakota.
Afterward, they attempted to remove letters from the sign and were arrested at the scene for vandalism.
The video statement was posted and is still online of the websites of The Des Moines Register and Unicorn Riot, a 501(c)(3) environmental activist organization.
Until the grand jury indictment last month, no charges were filed for the incidents in the statement, a fact noted by several news stories and opinion pieces in Iowa newspapers.
After their video confession, Montoya and Reznicek appeared in several interviews and podcasts discussing the DAPL and environmental activism through 2017.
On Aug. 10, 2018, Energy Transfer Partners filed civil suit against four activist organizations and 25 individuals for the damages, but were unable to locate Reznicek and Montoya and two others: Cody Hall and Krystal Two Bulls, through process servers and private investigators.
In the meantime, Montoya was hired as a third- and fourth-grade teacher at Running River School in Sedona.
Running River School
Administrators at the Waldorf-inspired charter school in Sedona were aware of her background when she was hired.
“As a school, we are unable to speak to the politics of the situation,” Running River School Director of Administration Eddie Simmons stated in an email. “We can assure the local community that our school is dedicated to holding reverence, respect and responsibility for the planet and each other. We support making positive change through holistic education.”
“Ms. Montoya was employed by RRS under her legal name. Her full identity was validated,” Simmons wrote. “We have a background report/criminal record for Ms. Montoya on file. The record did not contain any material relating to children.”
“At the time of employment, no criminal charges had been filed,” Simmons wrote. “Therefore there was nothing for us to inform parents of.”
Several parents told the Sedona Red Rock News they were aware of her background prior to the indictment and arrest due to the material being easily searchable online.
Parents at the school have since been informed of her arrest by email from the administration. Simmons also wrote Montoya was not hiding her identity.
“We would like to remind you that we are a nonprofit, independent school who provides a beautiful education and support to children from across our community,” Simmons concluded.
Dakota Access Pipeline
Proposed in 2014, the 1,172-mile underground Dakota Access Pipeline begins in the shale oil fields of the Bakken formation in northwest North Dakota, passes southeast through South Dakota and Iowa before connecting to a pipeline terminal in Patoka, Ill.
Environmental protests led by the Standing Rock Sioux Tribe against the pipeline began in April 2016. After several lawsuits, approval was granted in mid-2016.
Protesters set up camp along the proposed route in North Dakota, numbering several thousand. The confrontation with law enforcement and private security contractors reached a head on Oct. 27, when North Dakota state troopers, the National Guard and law enforcement from several states began an operation to clear the protesters, arresting 141 people.
A second operation in late November ended the protests at the scene.
The pipeline became operational in May 2017.
Video Confession
“As I’m sure you are aware, due to the pending charges against Ms. Montoya, she is unavailable to take interviews or make statements at this time.” stated Lauren Regan, executive director and staff attorney of the Civil Liberties Defense Center.
Based in Eugene, Ore., the CLDC “supports movements that seek to dismantle the political and economic structures at the root of social inequality and environmental destruction” and “provide litigation, education, legal and strategic resources to strengthen and embolden their success.”
Regan did not respond to a series of follow-up questions.
According to Montoya and Rezcenik’s joint statement on July 24, 2017, “After having explored and exhausted all avenues of process, including attending public commentary hearings, gathering signatures for valid requests for environmental impact statements, participating in civil disobedience, hunger strikes, marches and rallies, boycotts and encampments, we saw the clear deficiencies of our government to hear the people’s demands.”
“On election night [Nov. 8], 2016, we began our peaceful direct action campaign to a Dakota Access construction site and burned at least five pieces of heavy machinery in Buena Vista County, Iowa …we recognize that our action wasn’t much, but we at least stopped construction for a day at that particular site.”
“We then began to research the tools necessary to pierce through 5/8 inch steel pipe, the material used for this pipeline.”
“We began in Mahaska County, Iowa, using oxyacetylene cutting torches to pierce through exposed, empty steel valves, successfully delaying completion of the pipeline for weeks. After the success of this peaceful action, we began to use this tactic up and down the pipeline, throughout Iowa, and a part of South Dakota, moving from valve to valve until running out of supplies, and continuing to stop the completion of this project.”
“We then returned to arsonry [sic] as a tactic. Using tires and gasoline-soaked rags we burned multiple valve sites, their electrical units, as well as additional heavy equipment located on DAPL easements throughout Iowa, further halting construction.”
“Later, in the first week of May [2017] we attempted yet again to pierce a valve located in Wapallo County, Iowa with an oxyacetylene cutting torch. It was at this time we discovered oil was flowing through the pipe.”
“Some may view these actions as violent, but be not mistaken. We acted from our hearts and never threatened human life nor personal property. What we did do was fight a private corporation that has run rampantly across our country seizing land and polluting our nation’s water supply. You may not agree with our tactics, but you can clearly see the necessity of them in light of the broken federal government and the corporations they protect.”
“We do not anticipate a fair trial but do expect our loved ones to undergo harassment from the federal government and the corporations they protect.”
Christopher Fox Graham can be reached at 282-7795 ext. 129 or by email to editor@larsonnewspapers.com
Ruby Katherine Montoya and Jessica Rae Rezcenik’s joint statement on July 24, 2017:
The Dakota Access Pipeline is an issue that affects this entire nation and the people that are subject to its rule. With DAPL we have seen incredible issues regarding the rule of law, indigenous sovereignty, land seizures, state sanctioned brutality, as well as corporate protections and pardons for their wrongdoings. To all those that continue to be subjected to the government’s injustices, we humbly stand with you, and we ask now that you stand with us.
Federal courts gave corporations permission to lie and withhold information from the public resulting in a complete media blackout. So, after recently being called by the Intercept, an independent media outlet, regarding illegal surveillance by the Dakota Access Pipeline and their goons, we viewed this as an opportunity to encourage public discourse surrounding nonviolent direct action as well as exposing the inadequacies of the government and the corporations they protect.
After having explored and exhausted all avenues of process, including attending public commentary hearings, gathering signatures for valid requests for Environmental Impact Statements, participating in Civil Disobedience, hunger strikes, marches and rallies, boycotts and encampments, we saw the clear deficiencies of our government to hear the people’s demands.
Instead, the courts and public officials allowed these corporations to steal permissions from landowners and brutalize the land, water, and people. Our conclusion is that the system is broken and it is up to us as a individuals to take peaceful action and remedy it, and this we did, out of necessity.
We acted for our children and the world that they are inheriting is unfit. There are over five major bodies of water here in Iowa, and none of them are clean because of corporation’s flagrant irresponsibility, and now another wishes to poison literally millions of us irreparably by putting us all at risk of another major catastrophe with yet another oil spill. DAPL has already leaked, and it will continue do so until the oil is shut off and the pipes are removed from the ground.
On election night 2016, we began our peaceful direct action campaign to a Dakota Access construction site and burned at least 5 pieces of heavy machinery in Buena Vista County, IA. Details regarding this action are attached to this statement below. This was information which was not shared with the public. We recognize that our action wasn’t much, but we at least stopped construction for a day at that particular site.
We then began to research the tools necessary to pierce through 5/8 inch steel pipe, the material used for this pipeline. In March we began to apply this self-gathered information. We began in Mahaska County, IA, using oxyacetylene cutting torches to pierce through exposed, empty steel valves, successfully delaying completion of the pipeline for weeks. After the success of this peaceful action, we began to use this tactic up and down the pipeline, throughout Iowa (and a part of South Dakota), moving from valve to valve until running out of supplies, and continuing to stop the completion of this project. More information on these actions is followed at the end of this statement.
These actions of great public interest were hardly reported and the federal government and Energy Transfer Partners colluded together to lie and withhold vital information to the public.
We then returned to arsonry as a tactic. Using tires and gasoline-soaked rags we burned multiple valve sites, their electrical units, as well as additional heavy equipment located on DAPL easements throughout Iowa, further halting construction.
Later, in the first week of May we attempted yet again to pierce a valve located in Wapallo County, IA with an oxyacetylene cutting torch. It was at this time we discovered oil was flowing through the pipe. This was beyond disheartening to us, as well as to the nation at large. This event was again hidden from the public and replaced with lies about “ditch depressions”.
We stand here now today as witnesses of peaceful, nonviolent direct action. Our actions have been those of necessity and humility. We feel we have done nothing to be ashamed of. For some reason the courts and ruling government value corporate property and profit over our inherent human rights to clean water and land.
We are speaking publicly to empower others to act boldly, with purity of heart, to dismantle the infrastructures which deny us our rights to water, land and liberty. We as civilians have seen the repeated failures of the government and it is our duty to act with responsibility and integrity, risking our own liberty for the sovereignty of us all.
Some may view these actions as violent, but be not mistaken. We acted from our hearts and never threatened human life nor personal property. What we did do was fight a private corporation that has run rampantly across our country seizing land and polluting our nation’s water supply. You may not agree with our tactics, but you can clearly see the necessity of them in light of the broken federal government and the corporations they protect.
We do not anticipate a fair trial but do expect our loved ones to undergo harassment from the federal government and the corporations they protect. We urge you to not speak one word to the federal government and stand firm in order to not be oppressed further into making false, but self-incriminating statements. Film these interactions. There are resources as to what to do if the federal agents appear at your doorstep, educate and protect yourself.”
It is unfortunate to have to prepare for such things, but this is the government that rules, which continues to look more and more like a Nazi, fascist Germany as each day passes. We salute the people.
Details of our peaceful direct action are as follows. We hope this information helps inspire others to act boldly and peacefully, and to ease any anxieties to perceptions held that the state and these corporations are somehow an “omniscient” and “undefeatable” entity.
After studying intuitively how fires work, and the material of the infrastructures which we wished to halt (metal) we learned that the fire had to be hot enough to melt steel — and we have learned typical arsonry is not allows the most effective means, but every action is a thorn in their side.
On election night, knowing that gasoline burns quickly, but does not sustain by itself, we added motor oil (which burns at a higher temperature and for longer) and rags to coffee canisters and placed them on the seats of the machinery, piercing the coffee canisters once they were in place and striking several matches, anticipating that the seats would burn and maintain a fire long enough to make the machines obsolete. One canister did not light, and that is unfortunate, but five out of six ain’t bad.
Burnt section remains after sabotage against the Dakota Access Pipeline
“As we saw construction continue, we realized that pipe was going into the ground and that our only means to obstruct further corporate desecration was somehow to pierce through the empty steel pipes exposed at the numerous valve sites. We learned that a welding torch using oxygen and acetylene was the proper tool. We bought the equipment outside of our city in efforts to maintain anonymity as our goal was to push this corporation beyond their means to eventually abandon the project. We bought kits at Home Depot and the tanks at welding supply stores, like Praxair and Mathesons. Having no experience with welding equipment before, we learned through our own volition and we were able to get the job down to 7 minutes.
In our particular circumstances, we learned that scouting often hindered our ability to act in windows of opportunity. So, we went with our torches and protective gear on, and found numerous sites, feeling out the “vibe” of each situation, and deciding to act then and there, often in broad daylight. Trust your spirit, trust the signs.
Having run out of supplies (the tanks) we decided to return to arsonry because every action counts. We used gasoline and rags along with tires (as tires burn a nice while, once a steady fire within them burns) to multiple DAPL sites and equipment.
We were able to get more supplies shortly after and returned to a valve site in Wapello County to act again. It was then we discovered that oil was flowing through the pipeline. This was not reported to the public, instead a story of “ditch depressions” was reported to the public in Wapello County as the reason to why the pipeline continued to be delayed.
It is because of these lies we choose to come out publicly, to set the record straight, and be open about these peaceful and viable tactics against corporate atrocities.
If there are any regrets, it is that we did not act enough.
Please support and stand with us in this journey because we all need this pipeline stopped.
Water is Life, oil is death.
Jessica Reznicek and Ruby Montoya
