Attorney General Jackley Commends SD Supreme Court Decision Affirming Inmate Conviction on Assault of DOC Staff Member

FOR IMMEDIATE RELEASE: Thursday, March 19, 2026

Contact: Tony Mangan,Communications Director, 605-773-6878

PIERRE, S.D. -- South Dakota Attorney General Marty Jackley announces that the South Dakota Supreme Court has affirmed the convictions of Kelly D. Warfield for simple assault against a Department of Corrections correctional officer and intentional damage to property, stemming from a 2021 incident at the Mike Durfee State Prison.

"The South Dakota Department of Corrections and our correctional officers work hard every day to maintain safety inside our facilities," said Attorney General Jackley. "We appreciate the Supreme Court's careful review and its affirmation of the convictions, which supports the lawful actions of the officers involved and upholds accountability for violent conduct within our prisons."

Warfield, who was serving prior felony sentences, damaged prison property and assaulted a correctional officer after officers attempted to confiscate a television missing required security stickers. The incident was captured on prison surveillance cameras and corroborated by testimony from multiple correctional officers.

In its decision, the Supreme Court rejected all five issues raised on appeal, including challenges related to charging decisions, admission of video evidence, denial of a self-defense instruction, access to surveillance footage, and alleged double-jeopardy concerns. The Court concluded that the State acted within its discretion, that Warfield had waived or failed to support certain objections, and that the evidence did not support a theory of self-defense.

The opinion details that Warfield struck and damaged a computer monitor and wall-mounted television before engaging in a physical altercation with a correctional officer in the day-hall area. Officers testified consistently about the assault, and video footage-despite a brief four-second skip caused by a known bandwidth issue-showed Warfield advancing on and punching the officer.

The Court held that the missing video segment did not constitute a due-process violation because there was no evidence the lost footage had exculpatory value or that comparable evidence could not be obtained.

The case was prosecuted by the Attorney General's Office. The Attorney General's Office represented the state in the appeal.

Click here for the decision: https://ujs.sd.gov/media/0tgi4jcm/30929.pdf

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