PIERRE, S.D . – South Dakota Attorney General Marty Jackley announces that a state Division of Criminal Investigation (DCI) review has determined that a Wagner Police Officer was justified in their use of force during an Officer Involved Shooting Sept. 20 in Wagner. “The suspect confronted law enforcement armed with a metal spike that he utilized as a deadly weapon,” said Attorney General Jackley. “He presented a clear and present danger to law enforcement. The officer was justified in their use of force.” The incident began when the Wagner Police Department responded to a welfare check request on a male who was seen walking around without a shirt. They located Travis Six Toes Jr., 30, across the street from the Wagner Police Station. Six Toes Jr. saw the two officers and walked across the street to confront officers. Six Toes Jr. was holding a pointed spike and refused commands to put the weapon down. The suspect rushed directly at one officer. Six Toes Jr. was tased by one officer while the other officer fired a single round at him but missed. The suspect was treated for minor injuries. The two officers involved were not injured. DCI processed the crime scene, conducted a forensic examination of evidence, interviewed those involved, and reviewed available video from in-car cameras, body worn cameras, and a surveillance camera. A six-inch metal spike with a pointed end was located at the scene. Blood and urine tests conducted on Six Toes Jr. detected no alcohol, but he tested positive for cannabinoids, amphetamine, and Methamphetamine. Blood and urine samples of the two officers tested negative for alcohol or illegal drugs. Six Toes Jr.’s criminal history showed he was currently on probation for charges including Possession of Controlled Substances. Other prior offenses included Trespassing, Driving Under the Influence, Obstructing Law Enforcement, and Vandalism. Law enforcement agencies that assisted DCI were the South Dakota Forensic Lab, and Charles Mix County Sheriff’s Office. The Wagner Police Department cooperated with the investigation. There have been five Officer Involved Shootings in South Dakota this year. Share via: Facebook Twitter LinkedIn More