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Attorney General Marty Jackley

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Attorney General Jackley, DCI Rule Rapid City Police Officer Shooting Justified

FOR IMMEDIATE RELEASE: Thursday, July 6, 2023

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

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces a Division of Criminal Investigation (DCI) review indicates a Rapid City Police officer was justified in the shooting death of a man who pointed a gun at the office during an incident May 30, 2023

“Evidence collected at the scene, witness statements, and a review of the video from the body-worn cameras of the two officers on scene indicate that the suspect did not comply with the officer’s verbal commands to stop,” said Attorney General Jackley. “Only when the suspect pointed what appeared to be agun at the officer, did the officer fire the officer’s weapon.”

The incident began when Rapid City Police Officers responded to a call of two people refusing to leave their residence. One of the persons was identified as Kyle Whiting, 25, who was prohibited by a court order from being at that residence and who had several outstanding warrants for his arrest.

When the two officers arrived, Whiting fled on foot. One of the officers found Whiting trying to enter a residence in the 100 block of East Signal Avenue. Whiting failed to obey the officer’s commands to stop and pointed a novelty gun lighter, which appeared to be a real gun, at the officer. The officer fired three rounds at the suspect, hitting him at least twice.

A bystander in the home also suffered a gunshot wound. Both injured individuals were taken by ambulance to Rapid City Monument Hospital. Whiting was later pronounced dead at the hospital. The bystander sustained serious non-life threatening injuries and was later released.

Toxicology tests indicated the positive presence of methamphetamine, amphetamine, and ketamine in Whiting’s system. A drug screen and blood alcohol test on the police officer tested negative.

Video and audio recordings, interviews of officers and witnesses, and examination of evidence by the South Dakota Forensic Laboratory corroborated the findings of DCI investigators and the officer’s account that they faced a clear, life-threatening danger.

The Attorney General and the Division of Criminal Investigation would like to thank the Pennington County Sheriff’s Office, Spearfish Police Department, the South Dakota Highway Patrol, Pennington County State’s Attorney’s Office, and the South Dakota Forensic Laboratory for their assistance. The Rapid City Police Department cooperated with the investigation.

The summary of the incident can be found here.