The fatal shooting of a suspect during a hostage situation at a Sioux Falls gas station was a justified use of force by local law enforcement officers, officials ruled.

Less than a month after a marksman with the Minnehaha County Sheriff’s Office shot and killed 26-year-old Sioux Falls resident Daniel Augustine, the South Dakota Division of Criminal Investigation (DCI) has cleared the deputy and a Sioux Falls police officer from any wrongdoing.

“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,” South Dakota Attorney General Marty Jackley said in a statement. “The two officers involved were justified in using lethal force in this tense and uncertain situation.”

According to investigators, Augustine entered the Get-N-Go gas station at the corner of 14th Street and Minnesota Avenue — on the southwest side of downtown Sioux Falls — at approximately 3 a.m. July 3, and immediately fired shots into the ceiling.

Augustine then jumped behind the counter, pointed his firearm at the station’s attendant and demanded the man call 911. Still images from surveillance video pictures the employee held in a corner with a gun pointed at his head or torso while he dials the phone.

At the same time, a Sioux Falls police officer happened to be arriving at the store to make a purchase, unaware of the hostage situation unfolding inside.

The DCI said that as the officer approached the door, Augustine fired a shot through the window in the officer’s direction. The officer made eye contact with Augustine through the window and observed the gun in Augustine’s hand, pointing toward the clerk and then toward the officer.

The officer fired one shot through a window toward Augustine, which missed. After retreating to his patrol vehicle, multiple other law enforcement officers arrived, both from the Sioux Falls Police Department and the Minnehaha County Sheriff’s Office.

As negotiations ensued, the DCI said Augustine was using the store clerk as cover, wrapping his left arm around the clerk and waving the gun around, pointing it at or near the clerk and officers.

Thirty-six minutes after Augustine arrived in the store, a marksman with the sheriff’s office fired a single shot from a sniper rifle, which struck Augustine in the face, killing him. The store clerk and all other officers suffered no injuries.

An autopsy determined that Augustine’s blood contained a “toxic level” of methamphetamine at the time of the shooting and was also under the influence of benzodiazepines.

A look at his criminal history shows multiple felony and misdemeanor arrests dating back to 2016, including for robbery, aggravated assault and obstructing law enforcement. Investigators also say he had a history of mental illness reports with law enforcement, and had previously made suicidal comments.

After reviewing all aspects of the the scene, surveillance footage and Augustine’s history, as well as interviews with officers, deputies and witnesses, the DCI ruled that the tense, uncertain and rapidly evolving nature of the situation — as well as the threat posed to both the clerk and officers — justified the use of deadly force.

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