Rapid City, S.D. — Following a jury trial that resulted in a hung jury, the Pennington County State’s Attorney’s Office has dismissed the case against Nicholas Tilsen.

Tilsen had been charged with Aggravated Assault on a Law Enforcement Officer, a Class 3 felony, an alternative count of Simple Assault on a Law Enforcement Officer, a Class 6 felony, and Obstructing a Law Enforcement Officer, a Class 1 misdemeanor. The charges arose from a June 2022 incident in downtown Rapid City.

“The decision to dismiss this case was made after careful review and thoughtful consideration,” said Pennington County State’s Attorney Lara Roetzel. “Our office prosecuted this case based on the evidence and the law, and we remain confident that the charges were appropriate to bring.”

After hearing the evidence, the jury was unable to reach a unanimous verdict.

“In our system of justice, juries play a central role, and we respect the outcome of that process,” Roetzel said. “While we believe the case was properly charged and presented, the jury’s inability to reach a verdict was an important factor in evaluating whether further prosecution would serve the interests of justice.”

Following the trial, the State conducted a review of the case and determined that pursuing a retrial would not be the most effective use of limited prosecutorial and court resources.

“Our responsibility is not only to pursue cases where the evidence supports charges, but also to make careful decisions about where our time and resources will have the greatest impact on public safety,” Roetzel said.
Roetzel also emphasized that prosecutorial decisions are guided by the rule of law.

“This case received significant public attention, but our decisions are not driven by public pressure or commentary,” she said. “They are grounded in the evidence, the law, and our obligation to exercise sound judgment on behalf of this community.”

Senior Deputy State’s Attorneys Adam Shiffermiller and Olivia Siglin prosecuted the case on behalf of the State.