Attorney General Jackley, DCI Rule Minnehaha County Sheriff’s Deputy Officer Involved Shooting Was Justified
PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces that a state Division of Criminal Investigation (DCI) review has determined that a Minnehaha County Sheriff’s Deputy was justified in their use of force during an Officer Involved Shooting Oct. 9 in Sioux Falls. Sheriff’s Deputy Katherine Frank was fatally injured in the incident.
“Force was warranted under the circumstances, as the situation was dangerous and posed a threat to the deputies’ safety,” said Attorney General Jackley. “We continue to keep Deputy Frank’s family in our thoughts and prayers.”
The incident began when three Sheriff’s Office Deputies attempted to serve a mental health detention warrant on Brandon Oetken, 39, at a Sioux Falls residence. Oetken did not comply with several verbal requests by the officers to leave the house.
Oetken pointed a firearm at the Deputies and fired once, striking Deputy Frank. A second Deputy fired four times hitting Oetken.
Frank died on Oct. 12. Oetken suffered a non-life-threatening gunshot wound. The other Deputies were not injured.
DCI processed the crime scene, conducted a forensic examination of evidence, interviewed those involved, and reviewed available video from body worn cameras. Oetken’s .22 long rifle caliber rimfire revolver was recovered at the scene.
Blood and urine tests of the three Deputies tested negative for alcohol or illegal drugs.
Oetken’s criminal history showed a prior arrest for DUI and careless driving. While living in Minnesota, Oetken had been contacted by law enforcement after he had made suicidal statements and waved a gun in front of his mother.
Law enforcement agencies that assisted DCI were the South Dakota Forensic Lab and the Sioux Falls Police Department. The Minnehaha County Sheriff’s Office cooperated with the investigation.
Oetken has been charged by the Minnehaha County’s States Attorney’s Office with First-Degree Murder, Second-Degree Murder and other charges. He is presumed innocent under the U.S. Constitution.
There have been six Officer Involved Shootings in South Dakota this year.
The link to the Officer Involved Shooting report can be found here:https://atg.sd.gov/docs/September%209%202026%20Sioux%20Falls%20PD%20OIS%20Summary.pdf
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