FOR IMMEDIATE RELEASE: May 20, 2022
PIERRE, S.D. – The Office of the Attorney General and the Division of Criminal Investigation today released the summary into the officer involved shooting involving Cody Wade Kelly, 41, Sioux Falls, SD, on March 31, 2022, in Sioux Falls, South Dakota. The Division of Criminal Investigation investigated the incident at the request of the Sioux Falls Police Department (SFPD).
The incident began at approximately 10:39 pm CT on March 31, 2022. The SFPD received a call requesting a welfare check for Kelly following contact in which Kelly had threatened bodily harm to himself.
Uniformed SFPD officers arrived at the scene and made contact with Kelly who informed them that he had tampered with the gas lines and that the building should be evacuated. Some officers began to evacuate tenants while the remaining officers attempted to de-escalate the situation.
At 11:32 pm CT officers made entry into Kelly’s apartment and identified themselves. Kelly was found in the small bathroom of the apartment armed with a knife. Officers noted that he had what appeared to be self-inflicted wounds on his arms which were bleeding. Officers issued verbal commands to drop the knife which were ignored. An officer deployed less lethal 40mm foam impact rounds, one of which is believed to have struck Kelly, but had no effect as he continued to hold the knife to his own neck. At this point Kelly told officers to shoot him.
Another officer then used a TASER on Kelly, which caused him to drop the knife. At this time the officers attempted to gain control of Kelly and remove him from the bathtub area which contained knives. Kelly physically resisted their efforts and as a result officers used a TAZER on him again. The subsequent tazing had no effect.
During the struggle Kelly reacquired a knife and began swinging at the officers, stabbing one officer in the leg and threatening the others with the knife. One of the officers announced loudly that Kelly once again had a knife. It was at this point that an officer drew his duty weapon and fired multiple rounds at Kelly who was struck multiple times. He remained conscious but was no longer physically resisting. Officers immediately began rendering medical aid and called for EMS, who transported Kelly to the hospital where life saving measures were attempted, but Kelly ultimately died as a result of his injuries.
The investigation and summary have been reviewed and deemed justified by the Office of the Attorney General.
The Division of Criminal Investigation would like to thank the Sioux Falls Police Department, Minnehaha County Sheriff’s Office, and the South Dakota Highway Patrol, for their service and cooperation during the investigation.
The summary can be read here.