The South Dakota Attorney General’s office says a highway patrol trooper and an off duty sheriff’s deputy, who were involved in a shooting during the Sturgis Motorcycle Rally were justified in their actions.

KELOLAND News was in Sturgis that day and was the first news crew on the scene, but KELOLAND News was able to obtain cell phone video too.

This cell phone video was shot by a biker at the Sturgis Motorcycle Rally when the officer involved shooting was still unfolding.

It shows the suspect, Wyatt Fluty, in the driver’s seat of the highway patrol vehicle that he was allegedly trying to steal after being shot by the patrolman and an off duty deputy sheriff.

This is our video that we captured just minutes after the shooting. Officers kept us back away from the scene.

Don : This must have been quite an intense moment.
Marty: It certainly was when you look at the various videos that were captured during the incident from bystanders as well as the convenience store video we were able to talk to 35 different witnesses.

According to the DCI’s report, Wyatt Fluty had stolen a pickup and four guns in Wyoming in the days leading up to the shooting.

Authorities say he was also involved in an armed robbery in Pennington County, so troopers were looking for him.

“So he was wanted for questioning, the highway patrol who was in charge of that investigation recognized him approached him took appropriate action including attempted use of a taser and at that point Mr. Fluty pulled a weapon, he fired first and then it unfolded very quickly, also fortunately an off duty police officer was at the the convenience store, he did not have a weapon on him, so he had to go retrieve a weapon and was able to back up and assist the trooper,” Jackley said.

Fluty received serious, but non-life threatening injuries and was taken to the hospital.
Investigators found 42 casings at the scene.

Criminal charges are pending against Fluty who is being held in the Meade County jail without bond.