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Attorney General Jackley, DCI Rule Sioux Falls Police Officer Shooting Justified

FOR IMMEDIATE RELEASE: Thursday, Aug.10, 2023

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley says a Division of Criminal Investigation (DCI) review indicates a Sioux Falls Police officer was justified in shooting a man who pointed a gun at the officer during an incident on July 13-14, 2023 in Sioux Falls. The suspect sustained non-life threatening injuries.

“This was a tense incident where the suspect, who was on parole, stole a firearm from a homeowner and pointed the loaded handgun at the officer who was responding to a call for assistance,” said Attorney General Jackley. “Evidence collected at the scene, witness statements, and a review of the video from the body-worn and dashboard cameras indicate that the officer was justified in using lethal force.”

The incident began on July 13 when Sioux Falls Police Officers responded to a call of a homeowner encountering a suspect burglarizing a vehicle inside the homeowner’s garage. The suspect, later identified as Sean Henry David Kilbourn, stole at 9mm handgun from the vehicle and pointed the gun at the homeowner.

Hours later on July 14, three Sioux Falls Police Officers were gathered near an intersection. They noticed a male, later identified as Kilbourn, approach their location, suddenly turn, and walk the other way. The Officers told Kilbourn to stop, but a foot pursuit began through the neighborhood.

The suspect was found lying on the ground next to a shed. When Kilbourn raised the loaded handgun at the officer, the officer fired multiple rounds striking Kilbourn once. The defendant was transported to a Sioux Falls hospital where he was treated, released, and arrested on charges of Possession of Firearm by a Former Drug Offender and a violation of parole.

Test results indicated that THC, amphetamine and methamphetamine were found in Kilbourn’s system. A baggie containing Fentanyl also was located at the scene.

The Attorney General and the Division of Criminal Investigation would like to thank the South Dakota Forensic Laboratory and the Minnehaha County Sheriff’s Office for their assistance. The Sioux Falls Police Department and Minnehaha County State’s Attorney cooperated with the investigation.

The summary of the incident can be found here.