PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces that a South Dakota Division of Criminal Investigation (DCI) review has determined that two South Dakota Highway Patrol troopers were justified in their use of force because of a perceived deadly threat that occurred at the concl usion of a vehicle pursuit March 21st in Box Elder. “The person involved pointed what appeared as a weapon at the troopers and later expressed his desire to be killed by law enforcement,” said Attorney General Jackley. “Based upon the investigation, the troopers were justified in the use of force.” The March 21st incident began when the Summerset Police Department started the pursuit of a vehicle following an attempted traffic stop. The Meade County Sheriff’s Office also assisted in the pursuit. The officers involved terminated the stop after the vehicle left their jurisdiction. Benjamin Milbrandt Jr., 31, of Box Elder, was later identified as the driver of the suspect vehicle. Two Highway Patrol troopers joined the pursuit east of Rapid City. The vehicle continued east before it stopped at a residence on U.S. Highway 1416. Milbrandt Jr. left the vehicle holding an AR-15 rifle-style Airsoft gun. He pointed the gun at the troopers. He was on parole at the time of this incident and had an active arrest warrant for being a parole absconder. Attorney General Jackley said Milbrandt Jr. has been charged in Pennington County with two felony counts of Simple Assault on a Law Enforcement Officer and one misdemeanor count of Eluding. Other charges are possible. The Attorney General’s Office will prosecute. The defendant is presumed innocent under the U.S. Constitution. This is the first Officer Involved Shooting in South Dakota this year. ...read more read less