BERESFORD, S.D. (Dakota News Now) – Attorney General Marty Jackley announced on Tuesday that the South Dakota Division of Criminal Investigation has determined that the use of force in the November 21 officer-involved shooting in Beresford was justified.

“The person involved refused to obey the commands of the officer and pointed a loaded gun at the officer,” said Attorney General Jackley.

“The officer was justified in the use of force to protect himself and others.”

The incident began when the officer stopped a vehicle driven by Christopher Pearson, 36, of Brookings, SD, for a traffic violation in the Truck Towne Travel Plaza in Beresford.

When he approached the vehicle, the officer could smell alcohol and saw an open container.

Pearson was initially compliant but became more combative once he exited the vehicle, causing the officer to have to push Pearson towards the patrol vehicle.

As he was being placed under arrest, Pearson took the officer’s handcuffs away from him and started walking back to his vehicle.

When Pearson refused the officer’s verbal commands, the officer fired his Taser twice at Pearson.

Pearson continued towards his vehicle, and when he reached his vehicle, he took a 9mm derringer-style, two-barreled pistol from the truck and pointed it at the officer.

The officer fired his weapon, shooting Pearson, who was pronounced dead at the scene.

DCI processed the crime scene, conducted a forensic examination of evidence, interviewed those involved, and reviewed all available video.

The pistol used by Pearson was recovered at the scene.

SD DCI determines November officer-involved shooting in Beresford justified(South Dakota Attorney General’s Office)

Lab results show that Pearson had a blood alcohol content of 0.212% at the time of the shooting, but no illegal drugs.

Blood and urine samples of the officer tested negative for alcohol or illegal drugs.

Pearson was a convicted felon and was prohibited from possessing or purchasing a firearm.

Pearson also had:

• 2 prior misdemeanor DUI convictions
• 1 prior felony DUI conviction
• 1 prior felony Assault on Law Enforcement conviction

Pearson was arrested in September and charged with misdemeanor DUI and Open Alcohol Container, and those charges had not yet been resolved at the time of this incident.

This is the seventh Officer-Involved Shooting in South Dakota this year.