State trooper 'justified' in fatal shooting - Black Hills Pioneer: Local News

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State trooper 'justified' in fatal shooting

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Posted: Saturday, September 24, 2011 6:00 am

CUSTER — Attorney General Marty Jackley and the Division of Criminal Investigation said that a South Dakota Highway Patrolman was justified when he shot and killed a Custer man in early September.

Cody Engen was killed on Sept. 6 in Custer after he sped through the city, firing multiple shots from a .45 caliber pistol. He called 911 and told the dispatcher that he was drunk, had a loaded .45 and wanted to kill a law enforcement officer, according to police reports.

Nearly two hours after he smashed his truck into the Custer County Sheriff's Office and ransacked the building, he exited the back door of the office. He walked down Mt. Rushmore Road toward the intersection of 6th Street and Mt. Rushmore Road, where two Custer County deputies and Trooper Todd Albertson were posted as perimeter security.

According to reports, Albertson observed Engen walking in his direction with a handgun in his right hand. Albertson ordered Engen three times to drop the gun. Engen refused to comply and continued to walk toward Albertson, at which time Albertson fired his duty-issued .223 rifle at Engen 14 times. Engen was struck three times and died from his injuries at the scene.

The Division of Criminal Investigation, assisted by the Pennington County Sheriff's Office, conducted the investigation at the request of the South Dakota Highway Patrol.

In a prepared statement, Jackley said he would like to send condolences to the family of the deceased during this difficult time.

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