DCI rules Get-N-Go shooting justified; employee says suspect 'made no comment about money'

The South Dakota Division of Criminal Investigation has ruled the law enforcement shooting death of a man, who took hostages during an incident at a Sioux Falls gas station, was justified.

South Dakota Attorney General Marty Jackley's office announced the findings Friday evening, within 30 days of the July 3 shooting.

Daniel Todd Augustine, 26, was fatally shot by a Minnehaha County Sheriff's Office deputy after taking a store clerk hostage and holding a firearm to the clerk’s head and body, a shooting summary from DCI indicates.

DCI stated the incident began at 3:01 a.m. when the Sioux Falls man entered Get-N-Go, located at 600 S. Minnesota Ave. in Sioux Falls.

Upon entering the convenience store, Augustine immediately fired two shots from a handgun into the ceiling and took the clerk as a hostage, the report reads.

About 3 minutes after Augustine entered the store, an on-duty Sioux Falls Police officer, unaware of the developing situation, approached the building to make a purchase, the DCI summary states. Augustine noticed the officer outside and fired another shot inside the store.

Video surveillance referenced in the investigation states that Augustine fired at the store front window upon the officer's approach and a second shot in the direction of the officer after he met with bystanders to inquire about the noises and damage.

After this, radio dispatch informed the officer of a 911 call coming from the clerk inside the store.

Less than 2 minutes later, the Sioux Falls officer then approached the storefront, the report reads, and made eye contact with Augustine, who had a handgun pointed at the employee. Augustine then "directed" his weapon at the officer and fired a round through the front door glass in the direction of the officer. He then fired a second shot in the "general direction" of the officer.

"[The officer] took cover behind a pillar and then the patrol car," a DCI interview account from the officer states. The police officer then moved to his vehicle's passenger side door, where he fired a single shot into the store.

The DCI report states Augustine ducked behind a counter in response. Augustine then began to use the clerk as a human shield "throughout the next several minutes," holding him in place with his left hand and "oftentimes holding [his] handgun at or near the head and body of the clerk" using his right hand.

Multiple other officers then arrived on scene, the report states, but DCI does not state exactly when police backup arrived throughout the 36-minute ordeal. These officers positioned themselves near the front door of the store, where they began attempting negotiations with the man inside.

One Minnehaha County Sheriff's deputy, designated as "MCSO Deputy #2" in the report, took over negotiations after Augustine asked to speak to a deputy. Another deputy, titled "MCSO Deputy #1," positioned himself and placed a sniper rifle "on the shoulder of a SFPD officer" near the store's entrance about 30 minutes after Augustine's arrival.

Augustine made several demands to the officers, and the clerk who was held hostage told DCI interviewers the man "made comments about his wife and kids being kidnapped."

The report indicates the deputy that fired the killing shot discharged his rifle a few minutes after it was deployed. Augustine was shot once in the upper left lip after the man briefly separated from the clerk.

"MCSO Deputy #2 advised Augustine that if he put the gun down and exited the store, they could fulfill those requests, but again Augustine was not complying," the report reads. "MCSO Deputy #2 continued to attempt negotiations with Augustine; however, he remained non-compliant up until MCSO Deputy #1 fired the shot that struck and killed Augustine."

The Attorney General's release indicates there were about 36 minutes of negotiations with Augustine, but the DCI detailed report indicates that the incident, from Augustine's arrival to his death and the immediate evacuation of the clerk, spanned about 36 minutes. DCI's findings do not state exactly how long negotiations took place or when they began, and the report also does not detail when either deputy arrived on scene.

The Argus Leader has asked the Attorney General's Office for clarification.

“The suspect had already fired a gun in the direction of a law enforcement officer, was holding the firearm near the hostage clerk, and was behaving in an erratic manner,” Jackley wrote in a Friday press release. “The two officers involved were justified in using lethal force in this tense and uncertain situation.”

Augustine "made threats to shoot himself" day before police killing

The DCI file stated Augustine had a history of mental illness reports with law enforcement and has made threats to his own life in the past, coinciding with the July 3 incident.

According to DCI, a report made a day before the fatal shooting detailed that Augustine had contacted family and made threats to shoot himself.

Augustine made similar threats during the July 3 hostage situation, the report reads. In an interview with DCI after the incident, the clerk said Augustine made comments "that he would take himself out" if officers entered the store.

"Augustine was mumbling and not making sense with his statements as he held the clerk hostage," the interview statement reads. "Augustine just continued saying that he wanted more cops and the SWAT team there."

According to the clerk, Augustine "made no comment about money, the till or the safe."

The report continues that Augustine was also involved in another incident at a Hartford gas station on June 28, five days before his death. He entered the gas station, jumped behind the clerk's counter, and claimed that his kids were taken.

"Augustine was agitated and made threats toward customers in the store during this incident," the report reads. "Augustine was placed on a mental health hold and evaluated as a result of this incident."

Augustine's toxicology reports showed that his blood tested positive "for a toxic level" of methamphetamine, while urinalysis testing indicated the presence of benzodiazepines, specifically oxazepam.

Augustine had a history with the Minnesota Avenue Get-N-Go. He was arrested in February 2016 for attempting to rob the store, which landed him in prison for several years.

This is the second police shooting deemed justified by DCI in Sioux Falls this year, according to Argus Leader archives.

This article originally appeared on Sioux Falls Argus Leader: DCI rules Get-N-Go shooting justified in Sioux Falls