Archive for the ‘SD’ Category

South Dakota Forced Entry Leads To Shooting

April 9, 2009

Brookings, South Dakota

From April 9, 2009 KELO-TV:

Authorities are investigating a deadly shooting that happened shortly before 2 a.m. Thursday in Brookings.

According to officials, Brookings Police responded to a report that a resident had shot someone breaking into his house early Thursday morning.

Twenty-three-year-old Bradley Joe Odens was found fatally wounded inside the house. Odens was later pronounced dead at the Brookings Hospital.

Police say initial reports indicate Odens may have been confused about where he was, but was warned by the 28-year-old resident that he was at the wrong address. Odens then continued to make forcible entry and was shot by the resident.

Odens lived two houses away from the incident, but police say the two did not know each other.


South Dakota: Man Shoots Mountain Lion

July 30, 2008

Oral, South Dakota

From KCAU of July 29, 2008

Man Shoots Mountain Lion

A late report of a mountain lion that was treed by a rancher’s dog and shot near Oral, in far southwestern South Dakota.

The incident took place July 17 when Alan Burg was about to start his pickup and go to work.

After spotting the lion in a tree near his house, Burg shot it with a rifle.

The big cat jumped down and ran into some tall grass.

A game warden was called and dogs were used to track the mountain lion.

The wounded animal was found about 40 yards from the tree and was shot again.

Officials say shooting the cat was justified because of its nearness to the ranch house and the threat to animals and livestock on the ranch.

South Dakota: No charges filed in shooting case

June 28, 2008

Moody County, South Dakota

From the Moody County Enterprise of June 25, 2008

No charges filed in shooting case

The decision has been made by the Moody County State’s Attorney not to file charges against Matthew Heinricy in connection with the death of Jason Clough on May 25, 2008 outside a rural Colman Residence.

The facts of the case indicate a justifiable homicide as defined by State law, SDCL 22-16-34. The Moody County Grand Jury has also investigated the case and taken testimony and has decided not to issue any indictments in connection with the incident.

Jason Clough had attempted unsuccessfully to force his way into the Heinricy home on May 25. From outside the house, he fired his shotgun twice at a door, once through the kitchen window at occupants of the house and had raised his shotgun at another window when Heinricy fired back from inside the house, killing Clough instantly.

State law provides that homicide is justifiable if committed while resisting an attempt to commit murder, or, in other words, in defending oneself, or, when necessary to save his own life or others’ lives, or avoid great bodily harm when attacked in his own home.

South Dakota: 80-year-old woman shoots mountain lion in her yard

January 8, 2008

Fairborn, South Dakota

From the Rapid City Journal of January 8, 2008

80-year-old woman shoots mountain lion in her yard

Eighty-year-old Martha Smith admits she was a little nervous when she walked out of her house to shoot a mountain lion snarling at her in her ranch house yard.

It was about 4:30 p.m. last Thursday and the light was already fading when she heard her dog barking outside her house south of Fairburn. Smith looked outside and saw a mountain lion in her garden.

Worried about the dog’s safety, she grabbed her .22 rifle, walked outside and took a shot at the lion but missed.

She went back inside and called 911 but the dispatcher had trouble finding someone from Game, Fish & Parks.

So Smith, who learned to shoot as a girl on the family ranch, grabbed the rifle again, went back outside and walked to within about 20 feet of the mountain lion. She said she was a little nervous. “I didn’t know whether I had a small one or a big one,” Smith said. All I could see was three feet of tail and it was snarling and spitting at me.”

Smith aimed for the cat’s chest where she figured its heart would be and fired. The cat jumped up, ran a short distance and dropped dead.

A GF&P staffer showed up a few hours later and measured the cat, a 90-pound male.

Smith said she was worried whether the young lion’s mother was around.

But the young cat had been fitted with a collar, so GF&P was able to track its mother, which had been shot by a hunter.

“Thank God he was little because I don’t think my .22 would have killed the big one, Smith said.

She says she always keeps her .22 rifle loaded. “What good’s a gun if it’s not loaded?”

Further links:
80-year-old Black Hills woman shoots mountain lion

September 19, 2007

Custer, South Dakota

From Idaho Falls’ of September 19, 2007

No charges in fatal shooting

No charges will be filed in connection with a fatal shooting last month of a Wyoming man in southwest South Dakota.

Killed was 39-year-old Kevin Fiscus of Upton.

Authorities say Fiscus was shot in the chest with a shotgun by 31-year-old Kathleen Hack at a home about 30 miles west of Custer, South Dakota.

A grand jury considered the incident and decided that Hack was acting in self defense when she killed her boyfriend.

Hack cooperated with authorities and was not arrested.

No charges were presented against a 15-year-old boy who was in the home when Fiscus was shot.

Authorities say the boy was involved in a domestic altercation that preceded the shooting.

October 5, 2006

Midland, South Dakota

From the October 5, 2006 Pierre, South Dakota Capital Journal:

MIDLAND – An August shooting in the rural community of Midland was ruled a justifiable homicide by a Haakon County Grand Jury Wednesday, meaning Dallas McKinley Sr. will not be charged with the death of a Rapid City man.

A justifiable homicide is defined as a situation in which a person is defending himself or other persons, inevitably causing the death of another.

The grand jury heard the testimony of 11 witnesses over a period of

several hours and declined to return an indictment, according to the Haakon County State’s Attorney’s office.

According to a press release from Haakon County State’s Attorney Chip Kemnitz, the evidence showed that Harold Lee Cleveland, the 64-year-old man who died, announced that he was going to Midland, intended to commit suicide and that others would die too.

Cleveland apparently entered the Midland home of C.E. and Arlene McKinley on Aug. 12, and “made it clear his intention was to kill them.”

The press release stated that Cleveland held the elderly couple hostage at gunpoint for approximately one hour, during which the woman was secretly able to phone her son, Dallas McKinley, who then called 911.

“An adept Pennington County dispatcher confirmed the 911 call by a call to the couple’s residence and successfully kept a conversation going through the ordeal by carefully instructing the 86-year-old woman to disguise her responses with yes or no answers and to interject mundane comments, pretending an innocuous conversation with the telephone company or a friend,” the release said.

Local law enforcement and South Dakota Highway Patrol units were dispatched to the home, but Cleveland abruptly left the residence before officers had reached their assigned positions, at which time, Dallas McKinley Sr. entered the home from a back entrance and moved his parents to safety.

According to Kemnitz’s office, “The victim was then observed to re-enter the residence, again before officers were in a position to stop him, whereupon an armed confrontation between the victim and the couple’s son occurred, which resulted in the victim’s death.”

An anonymous source connected to the victim told the Capital Journal, immediately after the incident occurred, that Cleveland may have gone to the McKinley home for revenge over an investment dispute dating back to the 1980s.

The release from Kemnitz’s office confirmed that the only apparent motive for the victim’s actions appears to be a financial loss suffered by the victim 15 to 20 years ago in a fraudulent investment transaction managed by another of the victim’s sons, not involved in the incident.

September 19, 2005

Roberts County, South Dakota

From the Aberdeen American News of September 19, 2005

Business owner shoots teens in Roberts County

A Saturday morning shooting in Roberts County has left two teenagers injured.

According to the Roberts County Sheriff’s office, the owner of the Circle K resort at Lake Traverse awoke just before 5 a.m. Saturday to the sound of two juveniles breaking into his business.

The owner, Kenneth Holicky, lives behind the business.

Authorities said Holicky yelled something to the two boys and then went into the house and retrieved his shotgun.

Two shots were fired, and both boys were injured, said the sheriff’s office.

One boy was flown to a hospital in Fargo, N.D., and the other’s condition was not clear Sunday night as of press time.

The sheriff’s office said the boys were aged 14 and 15. It was not clear which one was sent to Fargo.

September 18, 2005

Roberts County, South Dakota

From Sioux Falls‘ of September 16, 2005

Roberts County Shooting

Two South Dakota teenagers were shot early Saturday morning after they allegedly broke into a Roberts County business, and police say the man who pulled the trigger owned the business.

It happened at the Circle K Resort on Lake Traverse in northeastern South Dakota about 5:00 am. The Roberts County Sheriff’s Office says the store owner lives behind the business.

Police say he woke up and heard one of the boys trying to get into the building. Then the owner reportedly fired at least one shot from a shotgun, hitting both of the teenagers. One of the boys was treated locally, the other was flown to a Fargo hospital. His condition isn’t known. No charges have been filed, but the investigation continues.