Attorney General Marty Jackley says a South Dakota Division of Criminal Investigation review has determined two South Dakota Highway Patrol troopers were justified in their use of force because of a perceived deadly threat that occurred at the conclusion of a vehicle pursuit March 21 in Box Elder.
“The person involved pointed what appeared as a weapon at the troopers and later expressed his desire to be killed by law enforcement,” said Attorney General Jackley. “Based upon the investigation, the troopers were justified in the use of force.”
The March 21 incident began when the Summerset Police Department started the pursuit of a vehicle following an attempted traffic stop. The Meade County Sheriff’s Office also assisted in the pursuit. The officers involved terminated the stop after the vehicle left their jurisdiction.
31 year old Benjamin Milbrandt Jr. from Box Elder, was later identified as the driver of the suspect vehicle.
Two Highway Patrol troopers joined the pursuit east of Rapid City. The vehicle continued east before it stopped at a residence on U.S. Highway 1416.
Milbrandt Jr. left the vehicle holding an AR-15 rifle-style Airsoft gun. He pointed the gun at the troopers. The two troopers fired at the suspect.
Milbrandt Jr. received a single gunshot wound and suffered non-life threatening injuries. Neither the two troopers nor the civilians at the scene were injured.
DCI processed the crime scene, conducted a forensic examination of evidence, interviewed those involved, and reviewed all available video. The Airsoft rifle used by Milbrandt Jr. was recovered at the scene.
Testing of Milbrandt Jr.’s blood showed a blood alcohol content of 0.207 percent, and methamphetamine and cannabinoids were found in his system. Blood and urine samples of the officers tested negative for alcohol or illegal drugs.
Milbrandt Jr. had a history of criminal offenses including DUI, ingestion, possession of controlled substances, and burglary. He was on parole at the time of this incident and had an active arrest warrant for being a parole absconder.
Law enforcement agencies that assisted were the South Dakota Forensic Lab, Box Elder Police Department, the Rapid City Police Department, and the Pennington County Sheriff’s Office. The Highway Patrol cooperated with the investigation.
Attorney General Jackley said Milbrandt Jr. has been charged in Pennington County with two felony counts of Simple Assault on a Law Enforcement Officer and one misdemeanor count of Eluding. Other charges are possible. The Attorney General’s Office will prosecute. The defendant is presumed innocent under the U.S. Constitution.
This is the first Officer Involved Shooting in South Dakota this year.