The Eighth Circuit Court of Appeals has upheld a previous decision that found Bureau of Indian Affairs (BIA) officers acted reasonably in the 2017 shooting death of George “Ryan” Gipp, Jr. The incident took place on the Standing Rock Sioux Reservation after officers responded to reports that Gipp had discharged a firearm at a gas station in Fort Yates.
According to court records, after Gipp and his family left the scene, law enforcement stopped their vehicle on a rural highway near the town. The Eighth Circuit noted that Gipp was under the influence of several substances and did not comply with officers’ instructions. “When one tried to arrest him, he backed away, balled his fists, and moved into a ‘bladed stance.’ After losing sight of [Gipp’s] hands, the officer fired his taser twice. Tasing [Gipp] just caused him to run and hide behind the other officer’s truck. After a few ‘quick peeks’ at the officers, [Gipp] fumbled with something in his hoodie pocket and pulled out a shiny black object.” One officer then fired his weapon, fatally injuring Gipp.
The appellate court stated: “The record … shows that the use of deadly force was reasonable. By that point, [Gipp] had already resisted arrest, shaken off two taser shots, crouched behind a truck, and pulled what looked like a gun from his hoodie pocket. … The situation had gone from dangerous to potentially deadly as [Gipp’s] actions became increasingly erratic and aggressive.”
Investigators later recovered the shotgun used by Gipp at the gas station; it was thrown from the vehicle before police stopped them. The weapon was loaded with seven slug rounds and modified with a 13-inch knife taped to it as well as a flashlight. Officers also found brass knuckles, more shotgun ammunition, an AR stock wrench, a handcuff key, and a folding knife near or on Gipp.
Acting U.S. Attorney Jennifer Klemetsrud Puhl commented on law enforcement risks: “Every time a law enforcement officer goes on duty to protect and serve the public, he or she selflessly places themselves in harm’s way,” she said. “The risk to police officers is all too real,” she continued, “and these rulings recognize the dangerous, difficult, and rapidly evolving conditions officers must operate in.”
The case is titled Gipp et al. v. United States of America (U.S. District Court for North Dakota Case No. 1:19-cv-00213; Eighth Circuit Court of Appeals Case No. 24-1379). The United States was represented by Assistant U.S. Attorneys James Patrick Thomas and Sarah E. Wall for North Dakota and attorneys Siegmund F. Fuchs and Joseph A. Gonzalez from the Department of Justice Civil Division.
