South Dakota Attorney General

05/02/2024 | Press release | Distributed by Public on 05/02/2024 13:59

Attorney General Jackley, DCI Rule Sioux Falls Police Shooting Justified

FOR IMMEDIATE RELEASE: Thursday, May 2, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. - South Dakota Attorney General Marty Jackley announces that a South Dakota Division of Criminal Investigation (DCI) review indicates that Sioux Falls Police Officers were justified in shooting a man who was armed with two knives during an incident April 4, 2024 in Sioux Falls.

"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," said Attorney General Jackley. "The officers used non-lethal force first to try to gain compliance with the suspect before using lethal force."

The incident began when Minnehaha County Sheriff Deputies received a mental health detention warrant for Daniel K. McKillip, 42. The deputies attempted to serve the warrant to McKillip at his residence located at the Cayman Court Assisted Living Facility, 4101 W. Cayman St in Sioux Falls. The deputies approached McKillip and explained they were there to place him on a mental hold. McKillip refused to comply and eventually produced two knives.

Negotiations for McKillip to comply with the order to drop the knives continued for about 28 minutes, but he refused to comply. A Sioux Falls Police Officer fired a less lethal round at McKillip. When McKillip began to stand up with the knives in his hand, two Sioux Falls Police Officers fired three lethal rounds at McKillip. Additional less lethal rounds also were fired by Sioux Falls Police Officers.

McKillip was taken to a Sioux Falls hospital for treatment of his injuries. After McKillip was discharged from the hospital, he was placed on a mental health detention warrant.

Test results on the two officers were negative for drugs, alcohol, and inhalants. McKillip does have a history of prior mental health holds.

DCI processed the crime scene, collected and analyzed evidence, reviewed forensic examinations, interviewed the officers and suspect, gathered witness statements, and viewed all available video.

The Attorney General and the Division of Criminal Investigation would like to thank the South Dakota Forensic Laboratory, the South Dakota Highway Patrol, the Minnehaha County Sheriff's Office, and the Minnehaha County State's Attorney's Office for their assistance. The Sioux Falls Police Department cooperated with the investigation.

The summary of the incident can be found here.