DCI: Officer, sheriff deputy justified in Sioux Falls fatal shooting outside Burger King

A Sioux Falls police officer and a Minnehaha County Sheriff's deputy who shot and killed a Sioux Falls man in a Burger King parking lot Aug. 9 were justified in their use of lethal force, according to a release from South Dakota Attorney General Mark Vargo's office.

The Department of Criminal Investigation led the investigation into the shooting, as is standard procedure.

Jacob Michael James, 21, from Sioux Falls, was fatally shot by a SFPD detective and a Minnehaha County Sheriff’s Office Investigator after he pointed a firearm and shot at the MCSO Investigator three times, according to the release from DCI.

James was shot four times. He was transported to a hospital, where he later was pronounced dead, according to the DCI.

What led up to the fatal shooting?

The Sioux Falls Area Drug Task Force was conducting a drug investigation on the west side of Sioux Falls the day of the shooting. While conducting their investigation, surveillance units witnessed a Pontiac Bonneville containing four occupants arrive at a known drug area and conduct what appeared to be illegal drug activity, according to the release.

Earlier: Drug task force traffic stops are far from routine

A traffic stop was later conducted on the vehicle by a Drug Task Force Detective in a marked patrol vehicle near 12th Street and Williams Avenue. The Pontiac Bonneville came to a stop in the parking lot at 2507 West 12th St. and two men exited the vehicle and ran southbound, according to the release.

Another Drug Task Force Investigator arrived on scene to assist with the stop. This Investigator gave commands for the two men that ran to get on the ground. One male continued running south and the other male, James, pulled a firearm from his waistband and fired shots at the investigator, according to the release.

Both the Detective and Investigator returned fire on James, and he continued to shoot at them, according to the DCI.

James was shot multiple times by the detective and investigator and later died as a result of those injuries, according to the release.

What did the DCI find?

Twenty-one spent 9mm shell casings were located from the area where the detective and investigator were shooting, according to the release.

Before Friday's release no details on how many shots were fired by law enforcement or shell casings found on scene were released by authorities.

A 9mm magazine was also found on scene by DCI, which is consistent with statements taken from the SFPD detective who said he spent one magazine and reloaded, according to the release.

A Smith & Wesson .40 caliber semi-automatic handgun was located a short distance from where James laid. The handgun slide was jammed with a live .357 Sig round, which was partially loaded into the barrel, preventing the slide from closing, according to the release.

The magazine contained two .357 Sig rounds and five .40 rounds. There were two spent .357 Sig casings and one live .357 Sig round near the area where the pistol was located. One spent .40 casing was located where James’ body had been, according to the release.

The firearm near James' body was the first mention of a specific gun attributed to James since the incident happened. The DCI release said three spent shell casings matching the ammunition used in James' gun were found at the scene.

How many rounds were fired?

According to the release, the detective fired seven shots, the investigator fired 14 shots and James fired three shots.

James was shot a total of four times during the incident, according to the release.

Toxicology results showed James’ blood to be positive for alcohol. His urinalysis test results showed positive for norfentanyl, fentanyl, fluorofentanyl and methamphetamine, according to the release.

No alcohol or illegal drug use was detected in either the detective or investigator's system after the shooting.

The detective and investigator involved were justified in firing their weapons and using lethal force because James demonstrated the ability to use deadly force and was a clear and present danger to law enforcement officers on scene, as well as nearby bystanders and bystander vehicles, according to the release.

Video of shooting circulating on social media

Video footage showing the last moments of the deadly shootout between law enforcement and James has been circulating on social media since Aug. 23.

Warning: Viewer discretion is advised:

In the footage, James is seen laying on the ground sideways. The video, which only covers the last portion of the shooting, is blurry and taken from a distance. Three gunshots are heard, a pause and then two more.

Nobody is seen rendering aid before the video ends a minute and 30 seconds later.

Family question DCI investigation, transparency

Family and Friends of James gathered two hours after the DCI release for a planned march for the 21-year-old.

They said they felt blindsided by the sudden release from DCI who they said hasn't been transparent with family during their investigation. Family said they didn't even get an advanced notice of the DCI release.

"It's left us with a lot of questions, we haven't had a lot of answers given," said Jessica Williams, James' cousin.

At 5 p.m. Friday, Williams along with other family and friends of James gathered outside Burger King. About 100 people were present, many with shirts and signs with #JusticeForJacobJames written on them.

A group of men played drums, a song was sung for James and the group walked towards Mercato and back.

Williams addressed the group. Holding back tears she expressed her frustrations. Why did James have to die she asked. Why was he shot after he fell to the ground?

"We want to know why he had to die the way he did," Williams said.

Got a story idea from your community? Email reporter Alfonzo Galvan at agalvan@argusleader.com or follow him on Twitter @GalvanReports.

This article originally appeared on Sioux Falls Argus Leader: DCI says authorities were justified in the Sioux Falls fatal shooting