South Dakota AG Says Deputy Justified in Fatal Shooting of Brandon Oetken
Attorney General Marty Jackley concluded the investigation found officers acted appropriately during a mental health warrant service in Minnehaha County.
By Justin Brooks ·
South Dakota Attorney General Marty Jackley announced on Friday that a state investigation found a Minnehaha County Sheriff’s deputy acted with justification when shooting Brandon Oetken. The decision follows a review of footage and witness interviews regarding the fatal incident involving Deputy Katherine Frank.
Jackley detailed the sequence of events that led to the confrontation. Oetken’s spouse initiated a mental health detention warrant. Three deputies arrived at the home and spoke with Oetken in the doorway before he moved inside. With the spouse's permission, officers entered the house and spent nearly 30 minutes attempting to de-escalate the situation in a hallway.
The report notes that two children were present in the home. Jackley stated that law enforcement aimed to execute the warrant without confrontation to avoid alarming the family members. Officers were positioned to keep the interaction away from the children.
According to the investigation, Oetken was hiding the left side of his body from the deputies. He concealed a .22 caliber revolver in that position. The report indicates he suddenly revealed the gun and transferred it to his right hand. Oetken then moved toward the officers while shouting, “Nope! Nope! Get out! Get out!”
Deputy Frank issued a verbal warning that Oetken possessed a weapon. She was shot in the head from a distance of approximately five feet. Jackley noted that the transition of the firearm from the left to the right hand occurred in seconds. The officers did not know a gun was present until it was brandished.
Jackley described the review of the video evidence as difficult. He stated he had to watch the footage multiple times to ensure the accuracy of the findings. The investigation also reviewed Oetken's criminal history. This record includes an arrest for DUI and careless driving. In Minnesota, he was contacted by police for making suicidal statements while waving a gun at his mother.
A criminal case against Oetken is currently pending. He faces charges of first- and second-degree murder, seven counts of aggravated assault, and two counts of attempted first-degree murder. The potential punishment ranges from life in prison to the death penalty.
