PIERRE, S.D. (KELO) — A South Dakota Highway Patrol trooper and an off-duty deputy were justified in firing weapons at a shooting that involved 42 casings found during the Sturgis Motorcycle Rally, the South Dakota Division of Criminal Investigation concluded. 

The shooting happened on Aug. 9 in Sturgis when a trooper identified Wyatt James Fluty walking. Fluty was a suspect in an armed robbery in Pennington on Aug.7 and a stolen pickup truck in Rawlings, Wyoming. 

“Actions taken by Fluty placed the public and law enforcement in jeopardy,” the report said. “Trooper #1 and the Off-Duty Deputy both believed they were in a situation in which Fluty could inflict serious injury or death on them and the public. As a result, both Trooper #1 and the Off-Duty Deputy responded with deadly force.” 

According to the DCI report, the trooper tried to use his taser on Fluty but failed. Fluty ran into a ditch and fired a handgun at the trooper before getting into the trooper’s unsecured patrol vehicle. 

Diagram of the Officer Involved Shooting Aug. 9, 2023 in Sturgis. (South Dakota Division of Criminal Investigation).

An out-of-state off-duty deputy witnessed the shooting from the Big D convenience store, which was across Junction Avenue. Both the trooper and off-duty deputy fired at Fluty and hit him, according to the report. Fluty tossed his handgun out of the patrol vehicle after sustaining multiple gunshot wounds. 

The report concludes Fluty’s weapon fired three rounds, while the trooper fired 32 rounds and the off-duty deputy fired seven rounds. A drug screen on Fluty resulted in a positive for meth and no alcohol in his blood alcohol test. You can read the full report attached below.

Both the trooper and off-duty deputy tested negative for a drug screen and blood alcohol test. 

Fluty was receiving medical care at Monument Health in Rapid City on Aug. 10 and told investigations he requested legal counsel.