MITCHELL, SD (Mitchell Now) — A Wagner police officer was justified in using force during a Sept. 20 confrontation involving a man armed with a metal spike, according to a news release from the South Dakota Attorney General’s Office.
Attorney General Marty Jackley announced the finding following a review by the state Division of Criminal Investigation.
“The suspect confronted law enforcement armed with a metal spike that he utilized as a deadly weapon,” Jackley said. “He presented a clear and present danger to law enforcement. The officer was justified in their use of force.”
According to the release, officers were responding to a welfare check concerning a shirtless man when they located Travis Six Toes Jr., 30, across from the Wagner Police Station.
Investigators determined Six Toes crossed the street toward two officers while holding a pointed spike, refused commands to drop it and rushed directly at one officer. One officer deployed a Taser while the other fired one round, which missed.
Six Toes was treated for minor injuries. Neither officer was injured.
DCI investigators examined the scene and evidence, interviewed those involved and reviewed footage from vehicle cameras, body cameras and a surveillance camera. Investigators recovered a 6-inch metal spike.
The release said testing detected cannabinoids, amphetamine and methamphetamine in Six Toes’ samples, but no alcohol. Both officers tested negative for alcohol and illegal drugs.
The South Dakota Forensic Lab and Charles Mix County Sheriff’s Office assisted DCI. The Wagner Police Department cooperated with the investigation.