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Two men accused of ramming a pipeline security officer's truck last year will see their cases dismissed if they fulfill pretrial diversion agreements.

Judge Joel Medd signed the orders Tuesday for Michael Fasig and Israel Hernandez, who were charged with another co-defendant, Brennon Nastacio, after the October 2016 incident during protests of the Dakota Access Pipeline.

Fasig and Hernandez each faced Class C felony charges of reckless endangerment and criminal mischief related to ramming the security guard's truck. They pleaded innocent and were set for trial earlier this month.

Under their agreements, their charges were lessened to Class A misdemeanor counts of menacing and criminal mischief.

Within 90 days, Fasig must pay $2,000 in fees and fines, partly from his $1,500 bond. He must also commit no crimes within the next year of suspended prosecution.

Hernandez must pay $325 in fees and complete 50 hours of community service or pay $500 within a year.

He also forfeits his $1,500 bond as a fine and must commit no crimes within the next nine months of suspended prosecution.

If successful, the men's charges will be dismissed.

Robert Bolinske, Hernandez's attorney, said the security guard's deposition affected the cases.

"He was waffling and was changing his story and became less and less of a victim as the case went on," Bolinske said.

Morton County Assistant State's Attorney Gabrielle Goter did not immediately return messages Thursday for comments.

"Our guys acted reasonably under the circumstances because (the security guard) posed a threat with a gun and a mask over his face and driving erratically," Bolinske said. "They think they averted a potential disaster based on what they observed and feared and thought under the circumstances."

In July, Medd dismissed felony terrorizing against Nastacio due to doubtful statements from the security guard. Nastacio was accused of advancing on the man with a knife. 

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Reach Jack Dura at 701-250-8225 or jack.dura@bismarcktribune.com.

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