DCI releases name, summary of March incident where police shot and killed a Sioux Falls man

Apartments at the 1900 block of West Sixth Avenue on Friday April 1, 2022 where police shot and killed a suspect after receiving a welfare check call.
Apartments at the 1900 block of West Sixth Avenue on Friday April 1, 2022 where police shot and killed a suspect after receiving a welfare check call.

The South Dakota Department of Criminal Investigation has released the name of a man shot and killed by Sioux Falls police at the end of March. The summary, which was released Friday morning, also details what happened during the incident.

Cody Kelley, 41, was shot by police on the evening of March 31 after police were called to a residence located at the 1900 block of West 6th Street, according to the report. Kelley later died of his injuries at a local hospital.

The investigation by DCI found that the Sioux Falls police officer was justified in their actions of firing their weapon and using lethal force.

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Police called for a mental health check

Police were called to the residence around 10:40 p.m. by an individual who reported his brother, Kelley, had harmed himself and overdosed, according to the report. They also stated that he had access to knives.

Responding officers made verbal contact with Kelley at the apartment, but he refused to come outside and warned them he had done something to the gas line, according to the report. Residences were evacuated while officers tried to de-escalate the situation for nearly 30 minutes.

Neighbors told investigators that they could hear a negotiator speaking with Kelley trying to calm him down and provide options for behavioral health services.

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Kelley told officers that he wanted to harm himself as well as other people, and that he was struggling with "demons," according to the report.

Officers entered the apartment at 11:32 p.m. where they found Kelley in the bathroom with a knife to his neck, according to the report. One officer fired two less-lethal rounds at Kelley, which were unsuccessful. Other officers commanded him to drop the knife.

A taser was deployed and Kelley faltered with the knife, allowing officers to try and physically restrain him, according to the report. He struggled against the restraint and another taser was fired, which again was unsuccessful.

During the struggle, Kelley grabbed a knife and slashed two officers, injuring them, according to the report.

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One of the officers who sustained a small cut to their leg pulled his gun out and fired their gun 10 times at Kelley at 11:33 p.m., according to the report. Six of those shots hit Kelley.

Kelley told the officers "thank you" before he was taken to another room for first-aid. He was transported to a Sioux Falls hospital at 11:36 p.m., where he later died of his injuries, according to the report.

The DCI report did not release the names of the officer who fired their gun at Kelley because of the state's interpretation of Marsy's Law.

Additional knives found at scene

Six knives were found at the scene, two in the bathroom and four outside of the bathroom, according to the report.

Body cameras worn by the responding officers also corroborate what happened during the incident, according to the report.

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Aside from the bullet injuries, Kelley had incised wounds to his neck, face and arms, according to the report. A toxicology screening showed that Kelley was positive for amphetamine and methamphetamine.

In interviews with his family, they said Kelley had struggled with mental illness, including a previous attempt to take his life, as well as a substance abuse disorder.

Follow Annie Todd on Twitter @AnnieTodd96. Reach out to her with tips, questions and other community news at atodd@argusleader.com or give her a call at 605-215-3757.

This article originally appeared on Sioux Falls Argus Leader: Sioux Falls man killed by police identified by South Dakota DCI