FOR IMMEDIATE RELEASE: Thursday, July 3, 2025

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

Attorney General Jackley Praises South Dakota Supreme Court

For Upholding Use of Body Camera Footage in Court Case

PIERRE, S.D. – South Dakota Attorney General Marty Jackley praises the South Dakota Supreme Court for upholding a Pennington County Circuit Court ruling concerning the admissibility of body camera footage under the “silent witness theory.”

Defendant Michale David Geist was convicted of assaulting a Rapid City Police Officer. During the trial, the State presented body camera footage from a second officer. Geist said the footage should not have been admitted into evidence because the officer who had the body camera footage was unable to testify due to a military assignment.

But the Justices unanimously stated that the circuit court did not abuse its discretion while allowing the body camera footage to be admitted even if the operator was not available to testify. The Justices said the body camera footage was properly admitted under the “silent witness theory” because there was significant evidence that the video was what it purported to be.

“Officer body-worn camera footage can be important in court cases,” said Attorney General Jackley. “The footage serves as a critical, objective piece of evidence that can help establish facts and protect the rights of all parties.”

The Attorney General’s Office handled the appeal of the case to the Supreme Court.

State of South Dakota v. Michael David Geist can be found here:

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