PIERRE, SD — South Dakota Attorney General Marty Jackley said Wednesday that a state review found a Wagner police officer was justified in using force during an officer-involved shooting on Sept. 20. The state Division of Criminal Investigation concluded the officer acted lawfully after a man confronted officers while carrying a metal spike and refused repeated commands to drop it.
Jackley said the suspect presented a clear and present danger to law enforcement. The man, identified as Travis Six Toes Jr., 30, was treated for minor injuries. Neither of the two officers involved was hurt in the encounter, which unfolded across the street from the Wagner Police Station.
Welfare check turned into a confrontation outside the station
The Wagner Police Department was initially responding to a welfare check on a man seen walking without a shirt. Officers located Six Toes Jr. nearby and, according to the investigation, he crossed the street toward them after seeing the officers.
Authorities said Six Toes Jr. was holding a pointed spike and would not comply when officers ordered him to put it down. Investigators said he then rushed directly at one of the officers, escalating the encounter within moments. The confrontation happened in public view close to the police station, making the response quick and immediate.
One officer used a Taser while another fired a shot that missed
According to the DCI account, one officer deployed a Taser as Six Toes Jr. charged forward. At the same time, another officer fired a single round, but the shot missed the suspect. The state did not report any injuries to the officers during the exchange.
The outcome was limited to minor injuries for Six Toes Jr., who was later treated. DCI said it recovered a six-inch metal spike with a pointed end at the scene, supporting the officers’ account that the suspect was armed during the confrontation.
Investigators reviewed cameras, evidence and the scene
DCI said it processed the crime scene, conducted a forensic examination of evidence and interviewed the people involved. Investigators also reviewed video from in-car cameras, body-worn cameras and a surveillance camera as part of the review.
The agency said the effort included help from the South Dakota Forensic Lab and the Charles Mix County Sheriff’s Office. Wagner police cooperated with the investigation. Those steps were part of the state’s effort to determine whether the use of force met legal standards under the circumstances.
Toxicology and criminal history were part of the review
Blood and urine tests showed no alcohol in Six Toes Jr., but they detected cannabinoids, amphetamine and methamphetamine. Tests on the two officers found no alcohol or illegal drugs, according to the attorney general’s office.
Investigators also reviewed Six Toes Jr.’s criminal history. Jackley said he was on probation for possession of controlled substances and had prior offenses that included trespassing, driving under the influence, obstructing law enforcement and vandalism. The findings added context to the state’s review but did not change the conclusion that the officer’s use of force was justified.
Five officer-involved shootings have been reported in South Dakota this year
Jackley said the Wagner case was one of five officer-involved shootings in South Dakota so far this year. That figure places the incident within a broader pattern of reviews the attorney general’s office has handled during 2026.
In this case, the state’s conclusion was explicit: the officer’s actions were justified because the suspect approached law enforcement with a weapon and ignored commands to disarm. The announcement closed the state review of the Sept. 20 shooting, though officials did not say whether any other proceedings would follow.