MITCHELL, SD (Mitchell Now) — South Dakota Attorney General Marty Jackley announced that a review by the Division of Criminal Investigation has determined a Beresford Police Department officer was justified in his use of force during a fatal traffic stop on Nov. 21 in Beresford.

“The person involved refused to obey the commands of the officer and pointed a loaded gun at the officer,” Jackley said. “The officer was justified in the use of force to protect himself and others.”

According to DCI, the incident began when an officer stopped a Ford Expedition at the Truck Towne Travel Plaza for a traffic violation. The driver was identified as Christopher John Pearson, 36, of Brookings. The officer reported smelling alcohol and observing an open container in the vehicle.

Authorities say Pearson initially complied but became combative after exiting the vehicle. During the arrest attempt, Pearson took the officer’s handcuffs and walked back toward his SUV. The officer deployed a Taser twice, but Pearson continued to the vehicle.

DCI investigators say Pearson retrieved a loaded 9mm derringer-style pistol from the SUV and pointed it at the officer. The officer then fired his weapon. Pearson was pronounced dead at the scene.

The firearm was recovered, and testing showed Pearson had a blood alcohol content of 0.212 percent. No illegal drugs were detected. Tests of the officer showed no alcohol or illegal drugs.

DCI reported Pearson was a convicted felon prohibited from possessing a firearm and had prior DUI and assault convictions. Multiple agencies assisted in the investigation.

This was the seventh officer-involved shooting in South Dakota this year. A summary of the DCI investigation is available through the South Dakota Attorney General’s Office.