Sioux Falls, South Dakota: State Report Finds Return Fire Justified in Shooting That Killed Deputy Katherine Frank

A state investigation into the October shooting that killed Minnehaha County Sheriff's Deputy Katherine Frank has found that the four shots a fellow deputy fired back at the suspect were justified, South Dakota Attorney General Marty Jackley announced on Friday.

Jackley released the Division of Criminal Investigation summary at a virtual press conference on Nov. 6. "Force was warranted under the circumstances, as the situation was dangerous and posed a threat to the deputies' safety," Jackley said.

What happened on Oct. 9

Three deputies, each in full uniform and wearing vests, went to a home in the 2900 block of South Keyrell Drive in Sioux Falls at about 7:30 p.m. on Oct. 9 to serve a mental health detention warrant on Brandon Oetken, 39. The warrant had been initiated by Oetken's family, and his spouse and young children were inside the home at the time, according to the report.

The deputies spoke with Oetken for about 29 minutes, first in the doorway and then in a hallway, trying to get him to give himself up peaceably. Jackley said the conversation did not appear escalated, based on the video investigators reviewed, but Oetken did not want the warrant served and did not want to leave his home.

At about 8 p.m., a firearm concealed in Oetken's left hand moved to his right hand. Frank gave a verbal warning for the firearm, and in the same moment Oetken fired a .22 caliber weapon once, striking Frank in the head, Jackley said. Frank did not have time to draw her own weapon. "This happened in moments," Jackley said.

The return fire

A second deputy fired four times in the same moment, striking Oetken once. Oetken was injured and survived. Jackley confirmed that none of the deputy's four shots struck Frank or any other officer, answering rumors that had circulated after the shooting. Investigators recovered Oetken's .22 caliber revolver at the scene.

Frank, 26, died of her injuries on Oct. 12, three days after the shooting. In a final act of service, she became an organ donor after her death, the sheriff's office said at the time.

Charges and what comes next

The Minnehaha County State's Attorney's Office has charged Oetken with first-degree murder of a law enforcement officer, with prosecutors alleging the act was premeditated, and second-degree murder of a law enforcement officer, along with other charges. The charges carry a maximum sentence of life in prison or death. A preliminary hearing for Oetken is scheduled for Nov. 25.

How the case was investigated

The Division of Criminal Investigation led the review, processing the crime scene, carrying out a forensic examination of the evidence, interviewing those involved and reviewing body camera video. The South Dakota Forensic Lab and the Sioux Falls Police Department assisted. The body camera video will not be shared publicly unless it is used in court, and South Dakota law does not require departments to release it.

No mental health crisis experts were present when the warrant was served. Jackley said the sheriff's office acted appropriately in sending three deputies. "This has been a difficult situation for the Minnehaha County Sheriff's Office and for South Dakota," he said. Specialized crisis intervention training is a 40 hour course and is optional for South Dakota officers, and a spokesman for the attorney general said on Friday that it is not clear whether the three deputies at the home were certified in it.