MITCHELL, SD (Mitchell Now) — A Minnehaha County sheriff’s deputy was justified in returning fire during the Oct. 9 Sioux Falls shooting that fatally injured Deputy Katherine Frank, South Dakota Attorney General Marty Jackley announced Friday.
The South Dakota Division of Criminal Investigation determined the deputy’s use of force was warranted because the situation threatened deputies’ safety.
“We continue to keep Deputy Frank’s family in our thoughts and prayers,” Jackley said.
What Happened During The Sioux Falls Shooting?
According to the attorney general’s announcement, three deputies went to a Sioux Falls residence to serve a mental health detention warrant on Brandon Oetken, 39.
Investigators said Oetken refused several verbal requests to leave the house, pointed a firearm at deputies and fired once, striking Frank. A second deputy fired four times, hitting Oetken.
Frank died Oct. 12. Oetken suffered a gunshot wound that was not life-threatening. The other deputies were uninjured.
What Did The DCI Investigation Review?
Investigators examined the crime scene and physical evidence, interviewed those involved and reviewed available body camera footage. A .22-caliber rimfire revolver was recovered at the scene.
Blood and urine tests from all three deputies were negative for alcohol and illegal drugs, according to the announcement.
The South Dakota Forensic Lab and Sioux Falls Police Department assisted DCI. The Minnehaha County Sheriff’s Office cooperated with the investigation.
What Charges Does Oetken Face?
The Minnehaha County State’s Attorney’s Office has charged Oetken with first-degree murder, second-degree murder and other offenses. He is presumed innocent unless proven guilty.
The attorney general’s office reported six officer-involved shootings in South Dakota this year.