SIOUX FALLS, S.D. (KELO) — The Office of the Attorney General and the Division of Criminal Investigation says an officer-involved shooting that happened on March 31 in Sioux Falls was justified.
Police were called to West 6th Street, near the Mallard Cove Apartments, to check on a person that evening. When officers arrived, they say Cody Kelley, who was armed with a knife, confronted them.
A report from the DCI says the officers tried to talk him out of the apartment but were unsuccessful.
They later entered the home and found Kelley in the bathtub with a knife to his throat. After further failed negotiations, they fired a non-lethal weapon hoping to disarm Kelley. The first shot missed; the second made him briefly drop the knife, but he was able to grab another one.
The report says they tried using a taser several times but it too was ineffective. The report includes several photos of knives and a box cutter in the bathtub and in the bathroom. They say these are the weapons Kelley held to his own neck while yelling at officers to shoot him.
According to the report, as the officers tried to physically subdue Kelley, he fought them off. One officer screamed in pain after being cut in the leg, and another officer fell and was in a vulnerable position. That’s when the third officer opened fire with a 9-millimeter.
After he was shot, officers say Kelley looked at them and said, “Thank you.”
They began life-saving measures but Kelley later died at the hospital.
On April 1, the day after the shooting, Sioux Falls police Chief Jon Thum talked about the incident saying the use of deadly force was a last resort.
“We are very fortunate that all officers are ok, but loss of life is loss of life no matter the circumstances and it’s obviously tragic when we deal with these situations,” Thum said.
The report says Kelley presented a clear and present danger to the officers on the scene. The report also indicates Kelley had a history of drug use and mental health issues.