Turgeon, who was represented by Erica Shively and Doug Parr, testified that he was flying the drone to film the protest. He said he was conscious of the plane's position and made sure to stay out of its way. He only elevated the drone once he saw the plane was turning away, he testified. Protesters held up their fists when the drone went by, indicating they wanted to be filmed, he said.

Turgeon testified that the drone always stayed under 400 feet, which is the default setting on the device. The plane stayed above 500 feet, according to pilot and Trooper Dennis Gallagher.

The defendant was also charged with not obeying law enforcement. But cell phone video indicated Henke never gave a direct order for Turgeon to meet him at the road or provide registration. He asked for Turgeon's name at the road, which he did not give.

The judge determined the defendant was cooperative by meeting the trooper at the road and was not required to give his name or the drone, as he was not under arrest.

Myron Dewey, who frequently flew a drone for his page Digital Smoke Signals and attended the trial, said filming with drones was a valuable tool during the demonstrations, allowing the activists to record their own protests, as well as the movements and responses of law enforcement.

"Drones leveled the playing field," he said.

Reach Caroline Grueskin at 701-250-8225 or at caroline.grueskin@bismarcktribune.com

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