DCI rules Sioux Falls Police shooting of man at behavioral health facility justified

Sioux Falls police were justified in shooting a man at a long-term behavioral healthcare facility last month, officials with the South Dakota Division of Criminal Investigation ruled Thursday.

The shooting happened April 4, when Minnehaha County Sheriff deputies tried to serve a mental health detention warrant for a 41-year-old white man and take him to Avera Behavioral Health. The Argus Leader is not naming the man, because of his ongoing mental health conditions and the fact he is not facing criminal charges at this time.

It was the first shooting involving Sioux Falls Police Department officers this year. Before an October 2021 incident that left a man with a knife dead, there had only been eight "officer-involved shootings" in the city since 2004. As of Thursday, there have been a total of 19. Of those, four have involved the death of a person, according to Argus Leader reporting.

"This suspect had the means and opportunity to cause bodily injury to those law enforcement officers present, and he posed a safety risk to those who were nearby,” stated Attorney General Marty Jackley. “The officers used non-lethal force first to try to gain compliance with the suspect before using lethal force.”

When deputies arrived to find the man at his residence, at the Cayman Court Assisted Living Facility in the 4100 block of W. Cayman Street in Sioux Falls, he was sitting on a couch in the commons area. As they approached the man and explained they were there to place him on a mental hold, the man refused to comply and eventually produced two knives, according to the summary report provided by the Attorney General's Office about DCI's investigation.

The AG's office oversees the DCI.

More: Sioux Falls Police Chief Jon Thum addresses Thursday's officer-involved shooting

"Once deputies were further away, they continued negotiating with [the man]," the report states. "[The man] refused to comply with orders to drop the knife and produced a second knife. [The man] then had a knife in each hand. Deputies also stated one of the knives appeared to be attached to [the man’s] wrist with a lanyard."

Deputies called for backup, to which Sioux Falls Police Department responded. Officers and deputies alike then tried to negotiate for 28 minutes to get the man to drop the knives, the report states. He would not.

That's when a Sioux Falls officer fired a less lethal round at the man to get him to drop the weapons.

Sioux Falls Police Chief John Thum said the day after the shooting that the less lethal round was a 40 millimeter sponge-round from a launcher to force the man's compliance, but this measure was also unsuccessful. The man didn't respond, the DCI report states.

Asked then why a taser was not used to subdue the man, Thum, speaking generally, said tasers have limitations based on environmental and other factors, and impact launchers can be a more appropriate tool for achieving non-lethal compliance depending on the situation.

Instead, the man began to stand, knives in hand, and two Sioux Falls officers fired three lethal rounds at him with their duty issued .223 caliber semi-automatic rifles, the report states. Thum said at the time these officers were placed on administrative leave, per standard protocol and the pending investigation.

"The distance between [the man’s] location on the couch and the half wall where Principal Officer 1, Principal Officer 2, and Less Lethal Officer 2 were located was measured at approximately 14 feet," the report states. "The distance between [the man’s] location on the couch and the TV common’s area access point, near the main entry, where Less Lethal Officer 1 and additional Officers were located was measured at approximately 14 feet as well."

At one point, Principal Officer 1 heard the man saying something like “just put your weapons away and leave and we won’t have a problem,” while others heard him say the officers were infringing on his "liberty and happiness," the summary reads.

"Principal Officer 1 was concerned over the close quarters setting and believed [he] could lunge at officers in the room quickly and cause injury to them," the findings state. "Principal Officer 1 was also concerned for the safety of the other civilians in the facility should [he] make it past law enforcement."

Neither officer has been publicly identified, and are only identified as Principal Officer 1 and Principal Officer 2 in the report.

Two more less lethal 40mm rounds were fired at him by Sioux Falls officers, the report reads.

"This caused [him] to fall back onto the couch he was initially sitting on," the report states. "After being struck, [the man] continued holding the knives."

Body worn camera footage written about in the summary states the man remained non-compliant laying on the couch, armed with the knives. He then sat up on the couch, still armed with both knives, while law enforcement told him not to get off the couch with the knives.

Another less lethal 40mm round was fired at the man in an attempt to gain compliance. That's when it was apparent he was "no longer able to attack the officers on scene."

After the last less lethal round, the man said "something unintelligible" and “stop," the report states. He could be seen dropping the knife in his right hand, then rolled to his side, partially on the couch and partially on the floor. About a minute later, he rolled to the ground on his back and was no longer armed, the report of the video footage states.

More: Sioux Falls has seen more police shootings within the last 2 years than in 2 decades

Officers moved closer, secured the knives and started to render medical aid. The man was later taking to Sanford USD Medical Center and Hospital to be treated for his injuries, which were to his left upper arm, left thigh, right thigh and abdomen.

While at the hospital, the man was also tested for drugs and alcohol use. The tests were negative, the summary states.

The SD health lab report on the man "did indicate positive tests for opiates and fentanyl," but the summary states it should be noted that fentanyl and other medications given to him by hospital staff when he wasfirst treated for his injuries.

The man was treated and discharged, then placed on a mental health detention warrant by the Minnehaha-Lincoln County Board of Mental Illness, the report states.

Drug and alcohol tests were also done on the officers who fired their guns and the officers who used less lethal force, and all results were negative for any drugs, alcohol or inhalants, the report states.

This article originally appeared on Sioux Falls Argus Leader: DCI rules SFPD shooting of man at behavioral health facility justified