Deputy shot dead by man resisting arrest

Deputy Katherine Frank died from a single gunshot wound to the head after a brief confrontation in a Sioux Falls hallway on Oct. 9. South Dakota Attorney General Marty Jackley announced on Nov. 6 that the deputy who returned fire was justified in using lethal force. The ruling concludes a 28 day investigation by the state Division of Criminal Investigation and Sioux Falls Police Department.

Jackley stated that Oetken’s resistance was clear and obvious before the shooting. Three deputies in standard uniforms and bulletproof vests arrived at the residence in the 2900 block of South Keyrell Drive around 7:30 p.m. to execute a mental health warrant. The warrant was issued by a county board of mental illness following a petition from a family member. Body camera footage showed the initial interaction at the front door was respectful and non confrontational. Two children were present in the home.

The deputies moved into the hallway with permission from Oetken’s wife. Jackley noted that Oetken did not want to leave but remained relatively calm for the first 29 minutes of the encounter. He was positioned at an angle, showing only his right side to the officers. He then brandished a .22 caliber revolver in his left hand, switched it to his right hand, and fired a single shot. That round struck Frank in the head.

Frank identified the weapon to her colleagues before falling. An unnamed deputy fired four shots from his duty weapon. One of those rounds hit Oetken, causing non life threatening injuries. Jackley reviewed the footage multiple times to confirm Frank did not have time to draw her own weapon. He also dismissed rumors of friendly fire, stating forensics proved Frank was not hit by any of the four shots fired by law enforcement.

The attorney general acknowledged that Oetken had prior contact with police involving a firearm and suicidal conversations. However, he said the mental health petition process does not ask about firearms and no crisis negotiation team was dispatched. Jackley called those local policy decisions and affirmed the deputies acted appropriately given the circumstances. Frank died at a Sioux Falls hospital on Oct. 12. Oetken was hospitalized for four days before being booked into the Minnehaha County Jail on Oct. 13.

Oetken faces one count of first degree murder of law enforcement, one count of second degree murder, two counts of attempted second degree murder, and seven counts of aggravated assault. He is held on a $3 million bond. The most serious charge carries a minimum sentence of life in prison and a maximum penalty of death if prosecutors pursue capital punishment.