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State investigation finds Sioux Falls officer justified in using lethal force

Apartment building where an officer fatally shot a man threatening to harm himself and police...
Apartment building where an officer fatally shot a man threatening to harm himself and police during a confrontation on March 31, 2022. State investigators later deemed the use of force as justified.(Dakota News Now)
Published: May. 20, 2022 at 10:33 AM MDT
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SIOUX FALLS, S.D. (Dakota News Now) - State investigators say a Sioux Falls officer was justified in fatally shooting a suspect during a confrontation earlier this spring.

Forty-one-year-old Cody Kelly was fatally shot on March 31. The South Dakota Attorney General’s office on Friday deemed the use of lethal force was justified.

The incident began around 10:30 p.m. when officers received a report of a man threatening to harm himself. Officers arrived at the apartment and made contact with Kelly. Kelly told them he had tampered with gas lines in the building. Some officers began evacuating the building while others attempted to de-escalate the situation.

Officers eventually entered Kelly’s apartment and found him in a bathroom, holding a knife, with what appeared to be self-inflicted wounds on his arms. Police say they ordered him to drop the knife, but he refused. An officer used “less lethal” foam impact rounds on Kelly, but he continued holding on to the knife. Kelly then told officers to “shoot him.”

Investigators say another officer used a taser on Kelly, which caused him to drop the knife. Police tried to physically gain control over Kelly, but he resisted, despite officers again using a taser. Kelly picked the knife back up and began swinging it at officers, stabbing one officer in the leg. At this point, another officer fired his duty weapon, striking Kelly several times.

Police began rendering medical aid, and Kelly was soon transported to a hospital. He ultimately died as a result of his injuries.

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