Attorney General Marty Jackley says a South Dakota Division of Criminal Investigation review indicates that a Sioux Falls Police Officer and a Minnehaha County Sheriff’s Deputy were justified in the shooting involving a Sioux Falls gas station clerk hostage incident that occurred on July 3, 2024.
“The suspect had already fired a gun in the direction of a law enforcement officer, was holding the firearm near the hostage clerk, and was behaving in an erratic manner,” said Jackley. “The two officers involved were justified in using lethal force in this tense and uncertain situation.”
The incident began at 3:01 a.m., July 3 when 26 year old Daniel Todd Augustine of Sioux Falls, entered the Get N Go located at 600 S. Minnesota Ave. in Sioux Falls. Augustine fired two shots from a 9-millimeter handgun into the ceiling and took the clerk hostage.
Augustine noticed a Sioux Falls Police Officer was outside of the store and fired at the officer. The officer, who was not injured, returned fire. Negotiations were attempted between law enforcement and Augustine, who was still holding the clerk hostage and waving his firearm at both the clerk and officers.
After about 36 minutes of negotiations, and with Augustine refusing to comply with the officers, a Minnehaha County Sheriff’s Deputy fired one round from a sniper rifle, killing Augustine. The clerk was not injured.
Augustine tested positive for a toxic level of Methamphetamine, Amphetamines, and Benzodiazepines. He also had a history of mental illness reports with both the Sioux Falls Police Department and Minnehaha County Sheriff’s Office.
Both officers tested negative for alcohol and drugs. No officers were injured in the incident.
DCI processed the crime scene, collected and analyzed evidence, reviewed forensic examinations, interviewed both officers, gathered witness statements, and viewed all available video.
The Attorney General and the Division of Criminal Investigation would like to thank the South Dakota Forensic Laboratory, the Sioux Falls Police Department, Minnehaha County Sheriff’s Office, and the Minnehaha County State’s Attorney’s Office for their assistance.