Sioux Falls Police Department Shooting Summary Detailing
Events That Took Place on October 6, 2019

On 10-06-19, The South Dakota Division of Criminal Investigation (DCI) was contacted by the
Sioux Falls Police Department to investigate an officer involved shooting that occurred on North
6th Avenue in Sioux Falls, South Dakota. The shooting resulted in the suspect, Trent Wagner,
being shot three times by police. Wagner survived his injuries. A Sioux Falls Police Officer was
involved in the shooting. The following is a synopsis of the events that happened, and the
results of the investigation conducted by the DCI.
Synopsis
On Sunday, October 6, 2019 at approximately 9:35 PM, an officer with the SFPD was
dispatched to a residence in Sioux Falls for a weapons violation after a 911 call. The reporting
party said their daughter had a relationship with Trent Wagner and Wagner came uninvited to
their residence that day with a gun. SFPD Officer 1 and Officer 2 assisted with this call, as they
are part of the Street Crimes Unit. The reporting party described Wagner’s gun as an “old
revolver style gun”, silver in color, and approximately 10 inches long.
Officer 1 and Officer 2 left the reporting party’s address in an attempt to locate Wagner. They
were made aware of an attempt to locate (ATL) for Wagner issued on October 1, 2019 by his
Parole Agent. Wagner was considered a parole absconder. The ATL mentioned Wagner had
previously told his Parole Agent he “would die before he goes back to prison”.
Officer 1 and Officer 2 located Wagner’s vehicle parked in a driveway on North 6th Avenue.
Shortly thereafter, a SUV pulled into the driveway and parked. Officer 1 and Officer 2
approached the SUV, identifying themselves as police, and Wagner exited the passenger seat
and fled on foot. Officer 2 told Wagner, “Police. Hey, hands up. Get your hands up.”, but
Wagner continued to run. At the beginning of the foot pursuit, Wagner had the revolver in his
right hand and fired one shot in an unknown direction as a foot pursuit ensued.
The foot pursuit continued southwest through yards as Wagner failed to follow the commands
from Officer 1 and Officer 2 to “drop it”, “drop the gun” and “stop”. The foot pursuit slowed down
on the south side of a shed in a backyard on North 6th Avenue. While on the south side of the
shed, Wagner turned his body to the left and pointed the gun at Officer 1. Officer 2 fired three
(3) rounds from his duty weapon with zero rounds striking Wagner.
Wagner continued running from the officers and failed to follow the commands from the officers
to “drop it now” and “drop the gun”. Officer 2 fired nine (9) more shots at Wagner, striking him
three (3) times.
After being shot, Wagner was found lying on the east side of the shed with the gun in close
proximity. Officer 1 moved the gun out of immediate reach of Wagner as Officer 2 and another
SFPD Officer placed him in handcuffs. SFPD began to render aid to Wagner until EMS arrived.
Wagner was transported to a Sioux Falls Hospital where he was treated for his gunshot
wounds. Neither Officer 1 or Officer 2 sustained injuries. The crime scene was secured by
SFPD until DCI arrived.

Page 1

 DCI contacted Officer 2 at the Sioux Falls Law Enforcement Center (LEC). DCI documented
Officer 2 was wearing a gray Carhartt hooded sweatshirt, blue jeans, Merrell Vibram shoes, a
black leg holster, and a black external vest with the wording “POLICE” in white lettering on the
front right and back at the time Wagner was shot. The vest also had a cloth Velcro SFPD badge
on the left side. Officer 2’s blood, urine, weapon, and magazines were secured, documented,
and inventoried. The inventory showed the following:
•
•
•

One 9mm Glock Model 17 Gen. 4 handgun with one live round in chamber
Initial magazine used with five live rounds
Magazine used for tactical reload with seventeen live rounds

Shooting Scene Investigation
The shooting scene investigation conducted by the DCI and SFPD Crime Scene Unit produced
items of evidence that confirmed statements provided by Officer 1, Officer 2, and Wagner.
On the south side of the shed, there were three (3) spent 9mm casings located.
On the northeast corner of the shed, there were nine (9) spent 9mm casings located.
A hypodermic needle containing methamphetamine was located during a search of Wagner’s
vehicle.
The South Dakota Highway Patrol mapped the crime scene. A copy of the mapped crime scene
has been attached to this report.
Interview of Sioux Falls Police Officer 2
On October 7, 2019, DCI interviewed SFPD Officer 2 at the Minnehaha County Sheriff’s Office.
Officer 2 said they were on duty on October 6, 2019 working in plain clothes as part of the
Street Crimes Unit. Officer 2 was part of a two-person unit when they heard radio traffic about a
weapons violation on North 8th Avenue. Officer 2 said they responded to the scene and learned
Wagner walked into a residence while holding a gun at his side and people felt threatened.
Wagner then fled the scene prior to law enforcement arrival.
Officer 2 recognized Wagner’s name from seeing an ATL for Wagner. Officer 2 said that ATL
mentioned Wagner’s last statement to his Parole Agent was “he would die before he goes back
to prison”.
Officer 2 said they located Wagner’s vehicle in what Officer 2 thought was the 3500 block of
North 6th Avenue. Officer 1 and Officer 2 waited outside the residence to see if they could
locate Wagner. Officer 2 said an SUV pulled into the driveway and parked next to Wagner’s
vehicle.
Officer 1 and Officer 2 approached the SUV from the rear as Officer 2 shined a light at the
driver. Officer 2 immediately knew the driver was not Wagner. Officer 2 heard the passenger
door open and recognized the passenger as Wagner. Officer 2 identified himself as “police”, but
Wagner immediately started running around the front of the SUV. Officer 2 pursued Wagner and
told him to stop. Officer 2 tripped over an unknown object causing him to fall to the ground.
Wagner continued to run in the direction of Officer 1.

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 During the foot pursuit, Officer 2 heard a “pop” noise. Prior to the “pop” noise, Officer 2 heard
Officer 1 giving Wagner verbal commands.
Officers 1 and 2 continued pursuing Wagner on foot into adjacent yards. Officer 2 heard Officer
1 telling Wagner to “drop it”. Officer 2 had his flashlight out and observed a revolver in Wagner’s
right hand. Officer 2 told Wagner to drop the gun. Officer 2 said Wagner had the gun up when
he turned toward Officer 1 and started turning toward Officer 2. Officer 2 said Wagner failed to
drop the gun, so Officer 2 fired several rounds at Wagner.
Officer 2 said Wagner ran westbound before going back north around a shed. Wagner then ran
eastbound on the north side of the shed, before running back south on the east side of the
shed. Officer 2 said Wagner continued to hold the gun in his right hand after being told to drop
it. Officer 2 was fearful Wagner, at any second, could point the gun in their direction and fire at
them. Officer 2 fired their duty weapon at Wagner with three (3) bullets hitting him.
When Wagner fell to the ground, Officer 2 saw the gun on the ground right next to him. Officer 1
and Officer 2 with another SFPD Officer approached Wagner. Officer 1 moved the gun away
from Wagner and Officer 2 handcuffed him.
Officer 2’s interview and walk-through were consistent with witness statements, video/audio
recordings of the incident, and the shooting scene investigation.
Interview of Sioux Falls Police Officer 1
On October 8, 2019, DCI interviewed SFPD Officer 1 at the SFPD. Officer 1 said they were
working for the SFPD on October 6, 2019 in plain clothes as part of the Street Crimes Unit.
Officer 1 was partnered with Officer 2 when they heard radio traffic about a weapons violation in
progress on North 8th Avenue. Officer 1 and Officer 2 assisted with this call and learned Trent
Wagner arrived at his ex-girlfriend’s parents’ house uninvited and had a “western style” gun to
his side while speaking with his ex-girlfriend. Wagner’s ex-girlfriend told officers she felt
threatened.
Officer 1 learned Wagner was possibly staying at a residence on North 6th Avenue. Officer 1
and Officer 2 drove by the address and located Wagner’s vehicle. While doing surveillance for
Wagner, a SUV pulled into the driveway. Officers 1 and 2 approached the SUV and shortly
thereafter Wagner exited the passenger seat and fled from the officers on foot.
Officer 1 said as Wagner ran east toward them near the front of the driveway, Officer 1 noticed
a gun in Wagner’s right hand. Officer 1 told Wagner to “drop it”, but Wagner turned and ran to
the southwest. Officer 1 pursued Wagner and Wagner turned toward Officer 1 with his elbows
bent up and the gun pointed in the air. Officer 1 heard a “pop” noise believed to be a gunshot.
Officer 1 continued pursuing Wagner until they were near a shed in a backyard. Officer 1 said
Wagner stopped running and pointed the gun at him as Wagner was moving the gun in a
sweeping motion toward the east. Officer 1 heard Officer 2 giving commands for Wagner to
“drop the gun”. Officer 1 then heard gunshots. Officer 1 was in fear of Wagner and felt he could
have been shot by him.
Officer 1 said Wagner continued running and Officer 2 was now in front of Officer 1 in the foot
pursuit. Officer 1 then heard more shots being fired. Officer 1 heard Wagner making loud noises
as he was falling to the ground.

Page 3

 Officer 1 noticed Wagner’s gun on the ground next to Wagner. Officer 1 and Officer 2 with
another SFPD Officer who responded approached Wagner. Officer 1 moved the gun away from
Wagner as Officer 2 handcuffed him.
Officer 1’s interview was consistent with witness statements, video/audio recordings of the
incident, and the shooting scene investigation.
Interview of Trent Wagner
On October 10, 2019 and October 16, 2019, DCI interviewed Wagner at the hospital. Wagner
admitted to having a pistol in his pant pocket when he went to his ex-girlfriend’s the evening of
October 6, 2019.
Wagner said, upon returning to his residence, his roommate told him there was someone with a
flashlight outside the vehicle. Wagner said he turned around to run and he jumped over a wood
pile, at which time he tried to throw the gun, but it went off. Wagner admitted he wasn’t
supposed to have the gun since he is a felon.
Wagner described the pistol as a “.22 Luger”.
Wagner said he removed the gun from his pocket when he was getting out of the SUV. Wagner
said he “had a feeling the guys with the flashlights were cops”, and he took the gun out of his
pocket to get rid of it. Wagner said when the gun went off, it was pointed toward the ground.
Wagner said he ran around a shed to the southwest of where the foot pursuit initiated, and then
he was shot. When asked if he still had the gun prior to being shot or shot at, Wagner said he
thought so.
Wagner was told by law enforcement to get on the ground. Wagner then said he assumed they
were not law enforcement because they were wearing sweatshirts and he was scared of them.
Wagner later in an interview told investigators when he had the gun in his hand, he heard
“something like police, don’t move”.
When asked about the comment he made to his Parole Agent, Wagner said he told his Parole
Agent, “I didn’t want to go back alive.”
Wagner indicated that he tried to get rid of the gun in his possession during the foot pursuit.
When asked why he kept the gun in his hands during the foot pursuit, Wagner said he “did not
know”.
Witness Interviews
One witness mentioned hearing people yelling in his backyard and someone say, “put your
hands up”. They then heard gunshots and someone yell, “shots fired”. They then heard more
yelling and gunshots.
Another witness mentioned seeing flashlights and heard yelling coming from the backyard. They
couldn’t understand exactly what was being said, but then heard several shots fired.

Page 4

 Another witness mentioned hearing someone yell, “stop”. They then heard yelling and saw
flashlights. They believed they heard a total of six (6) or seven (7) shots.
Review of the Officers’ In-car Video, and Dispatch Logs
DCI reviewed the in-car video from the patrol vehicle of Officers 1 and 2. The patrol car camera
shows the officers attempting to contact Wagner at the SUV and Wagner immediately starting to
run around the front of the SUV after Officer 2 states, “Police. Hey, hands up. Get your hands
up.” Officer 2 continues to tell Wagner, “Don’t move. Stop”, but Wagner continues to run east
toward Officer 1. Officer 2 is seen on video tripping and falling to the ground at that point.
Officer 1 is to the northeast of Wagner as Wagner runs toward him. Officer 1 tells Wagner,
“stop, stop, stop” but Wagner changes directions and runs southwest. Officer 1 yells at Wagner,
“drop it, drop it” at which time the audio depicted the sound of a gunshot from Wagner’s gun.
Wagner continues to flee southwest out of view of the camera; however, the audio continued to
record.
The audio recorded Officers 1 and 2 chasing Wagner as Officer 1 yelled, “Drop it. Hey, get on
the ground.” and Officer 2 attempted to notify Metro Communication they were in a foot
pursuit. Officer 1 then yells, “Drop it. Get your hands up now.” Officer 2 then says, “Drop the
gun. Drop the gun.” just prior to Officer 2 firing three rounds. Officer 2 then says, “Drop the gun.
Drop it.” as they continue running. Officer 1 says, “Drop it now.” and Officer 2 says, “Drop the
gun.” just prior to Officer 2 firing nine rounds. Officer 2 then says, “Drop the gun.” as Wagner is
heard screaming.
Officer 2 tells Officer 1, “The gun is right next to him.” and to get back by “some cover”. Officer 1
radios, “Suspect down. We don’t have the gun yet. He is sitting on it.” Officer 2 says the gun
was on the left side of Wagner.
The gun was moved away from Wagner enough to allow officers to approach him to place him
in custody. Medical care was then provided to Wagner by SFPD.
Dispatch logs show the officers located Wagner’s vehicle on North 6th Avenue at approximately
9:49 PM. At approximately 10:25 PM, the officers notified dispatch, “Shots fired. Suspect down.
Don’t have gun.” Dispatch logs are consistent with events documented from the patrol vehicle
camera video and the statements of Officer 1 and Officer 2.
South Dakota Forensic Laboratory Testing
The South Dakota Forensic Laboratory (SDFL) conducted testing on SFPD Officer 2’s duty
weapon. They concluded the twelve (12) shell casings found on scene and the bullet collected
from Wagner at the hospital were fired through Officer 2’s duty weapon.
The SDFL tested Wagner’s revolver and found it is capable of discharging ammunition as
intended by the manufacturer.
A “The Regent” Model .22 revolver, an 8 shot cylinder, was located on the east side of the shed
where Wagner was shot. The revolver contained one (1) .22 LR caliber spent casing, one (1)
.22 LR caliber live round with defect on rim consistent with a firing pin strike (the round did not
fire), and six (6) .22 LR caliber live rounds. A picture of the revolver is attached to this report.

Page 5

 Medical Reports and Criminal History
Twelve (12) rounds were fired and three (3) rounds entered Wagner. One round penetrated
Wagner’s sacrum, one round penetrated his right buttocks, and one penetrated his upper right
back.
Blood and urine samples were taken from Officer 2 after the shooting. Tests of these samples
were negative for both drugs and alcohol.
Blood and urine samples were taken from Officer 1 after the shooting. Tests of these samples
were negative for both drugs and alcohol.
Wagner tested positive for methamphetamine by the South Dakota Health Laboratory.
A criminal history check for Trent Wagner shows prior charges and convictions for simple
assault domestic violence, various alcohol and narcotic related offenses, stolen property
offenses, burglary, committing a felony with a firearm, and aggravated eluding.
Investigative Results
Based on the totality of the circumstances, a reasonable police officer present at the scene in a
situation that was tense, uncertain, and rapidly evolving would be justified in using deadly force.
Trent Wagner had the means and opportunity to cause serious bodily injury and was a clear and
present danger to both Officer 1 and Officer 2.
It is the conclusion of this report and the Attorney General that Officer 2 was justified in using
deadly force.
Based on the investigation conducted by the DCI, the crime scene reconstruction, evidence
collected at the scene, witness statements, and statements made by the officers, all were found
to be consistent with the described events that occurred on October 6, 2019 in Sioux Falls,
South Dakota.

Page 6

  

 

SCALE

5' 10' 20' 40'
Date 01? Incident: Eictoioer? 6, 8019

Location: 3600 iolock North 6th Avenue, Sioux Falls SD
Date Mapped: Elctoloer? 7, 2019

 

 

 

 

Evidence List
1-3 Spent shell casings

4 Spent shell casing
5 Spent shell casing
in 6-18 Spent shell casings

1 3 5 13
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SCALE

0 5' 10' 20' 40'

Date 0? Inddent:Dctober 6,80%?
Locotkwv 3600idock North 6th Avenue, Soux FQUS SD
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