Nearly a year after a Yankton Sioux man was killed in a tribal housing unit, the federal agency responsible for his death has few answers.
On Nov. 27, 2024, officers from the U.S. Marshals Service shot Zander Zephier in a tribal housing unit on the Yankton Indian Reservation. Zephier, who had a criminal history and was considered escaped from Charles Mix County Jail at the time of his death, was brushing his teeth and live-streaming on Facebook.
A media representative from the U.S. Marshals Service told News Watch that internal investigations about officer-involved deaths can take “months or years” but did not provide any updates on the status of Zephier’s case. The representative did not clarify whether an external investigation was taking place.
Stu Whitney
The U.S. Marshals Service also denied a Freedom of Information Act request from News Watch for body and dash camera footage related to the shooting.
"Exemption (b)(7)(A) permits withholding of information when a law enforcement proceeding is pending or prospective and release of information pertaining to the open investigation could reasonably be expected to cause some articulable harm," the denial said.
In February, Zephier’s family said it had retained Sioux Falls attorney Nicole Griese to represent it.
Stu Whitney
Lawsuits against the U.S. Marshals Service and other federal agencies are usually filed under the Federal Tort Claims Act (FTCA), which begins as an administrative claim with the Department of Justice. The FTCA allows individuals to sue the federal government for damage, including death, caused by a federal employee's "negligence" when acting within official job duties.
Griese told News Watch that an FTCA claim was filed on behalf of the family in July. If the DOJ does not respond within six months, the claim can be treated as a denial and a formal lawsuit can be pursued, she said.
Griese said she could not comment further but said in February, "No family should have to fight this hard for basic answers about what happened to their loved one. We will not stop until the truth is brought to light and there is justice for Zander."
Marshals shootings drop, with most tied to non-federal crimes
Although the U.S. Marshals Service is a federal law enforcement agency, much of the agency's work is with local and state law enforcement in "locating and apprehending their most violent fugitives." In 2024, the agency executed 88,765 warrants, 58,792, or two-thirds, of which were state or local.
Marshals are allowed to operate on tribal lands, like the Yankton reservation, when executing federal warrants but not when assisting in state or local arrests.
According to the 2023 U.S. Marshals Service Shooting Incident Report, the most recent data available, there were 40 “intentional” agency shooting incidents in that year. Eighteen of them resulted in the death of a suspect and 11 resulted in injury of a suspect. There were 10 law enforcement officer injuries during those incidents. The 2023 numbers represent an overall 17% decline in shooting incidents from the previous year.
In 2023, the U.S. Marshals Service made 65,089 physical arrests, some of which may have included the same suspect.
Of shootings involving U.S. Marshals Service officers, 75% were related to the enforcement of local or state warrants, with just 17% related to federal warrants, according to the report.
In 2023, there were no officer-involved shootings involving Native Americans, who made up 2.3% of total arrests that year.
Other law-enforcement related deaths in South Dakota this year
There have been seven officer-involved shootings in the state this year, one of which resulted in the death of a suspect. Two of those shootings involved the same suspect, and two shootings occurred on tribal lands.
On Aug. 5, Cheyenne River Sioux Tribe member Shace Looking Horse died after being shot by a South Dakota Highway Patrol officer during a hostage situation. Two tribal officers from the Cheyenne River Sioux Tribe Law Enforcement Services were also present, though the shooting did not occur on the reservation.
Looking Horse held a female hostage at gunpoint and led officers on a chase from Green Grass on the Cheyenne River Indian Reservation to a home in rural Haakon County. Looking Horse was fatally shot outside the residence while holding the hostage victim at gunpoint.
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South Dakota Attorney General Marty Jackley announced on Sept. 5 that a Department of Criminal Investigation review determined the three officers were justified in their use of force.
On Aug. 2, a member of the Sicangu Lakota Tribe suffered life-threatening injuries after being shot by tribal officers outside the Indian Health Service building in Rosebud, according to a press release from the Rosebud Police Department.
"In accordance with standard protocol for officer-involved shootings, the Federal Bureau of Investigation (FBI) has been notified and will serve as the primary investigative agency for this incident," the release said.
The FBI did not respond to a request for comment.
Michael Klinski
This story was produced by South Dakota News Watch, an independent, nonprofit organization. Read more stories and donate at sdnewswatch.org and sign up for an email for statewide stories. Investigative reporter Molly Wetsch is a Report for America corps member covering rural and Indigenous issues. Contact her at molly.wetsch@sdnewswatch.org.
