PIERRE, S.D. – South Dakota Attorney General Marty Jackley announced Monday that a Division of Criminal Investigation review found two South Dakota Highway Patrol troopers were justified in their use of force during a March 21 pursuit that ended in Box Elder.

The investigation into the incident, which occurred just east of Rapid City, concluded that the troopers acted in response to a perceived deadly threat.

“The person involved pointed what appeared as a weapon at the troopers and later expressed his desire to be killed by law enforcement,” Jackley said. “Based upon the investigation, the troopers were justified in the use of force.”

The incident began when the Summerset Police Department attempted a traffic stop, leading to a pursuit involving the Meade County Sheriff’s Office. Law enforcement briefly terminated the chase when the vehicle left their jurisdiction before Highway Patrol troopers re-engaged the suspect east of Rapid City.

The driver, identified as 31-year-old Benjamin Milbrandt Jr. of Box Elder, eventually stopped at a residence on U.S. Highway 1416. According to the DCI report, Milbrandt Jr. exited the vehicle holding an AR-15 rifle-style Airsoft gun and pointed it at the troopers.

Both troopers fired their duty weapons, striking Milbrandt Jr. once. He sustained non-life threatening injuries. No law enforcement officers or civilians were injured during the confrontation.

DCI agents processed the scene and recovered the Airsoft rifle. Forensic testing revealed Milbrandt Jr. had a blood alcohol content of 0.207 percent, and his system tested positive for methamphetamine and cannabinoids. Testing for the involved troopers returned negative results for alcohol or illegal drugs.

Investigators noted that Milbrandt Jr. had a criminal history involving burglary and controlled substances. He was on parole at the time of the shooting and had an active warrant for being a parole absconder.

Multiple agencies assisted in the aftermath, including the Box Elder Police Department, the Rapid City Police Department, and the Pennington County Sheriff’s Office.

Milbrandt Jr. faces two felony counts of simple assault on a law enforcement officer and one misdemeanor count of eluding in Pennington County. The Attorney General’s Office will handle the prosecution. This event marks the first officer-involved shooting in South Dakota in 2026.