South Dakota’s Supreme Court has ruled that a prior assault did not invalidate a later claim of self‑defense under the state’s “stand your ground” law, upholding immunity for David Streeter, who shot another man during a dispute at the Vivos bunker community near Edgemont.
Streeter shoved a Vivos employee about an hour before a separate confrontation with Kelly Anderson, who had sent messages saying he planned to attack Streeter. After a mutual acquaintance warned him, Streeter confronted Anderson at his property line. Video showed Anderson making threats as he approached a four‑foot fence. Streeter ordered him to leave, then shot him when he came within about a foot of the barrier. Streeter immediately called police and provided aid.
A grand jury charged Streeter only for the earlier assault. Anderson later sued, but a judge denied his request to delay the immunity hearing and ruled Streeter acted in lawful self‑defense.
The Supreme Court upheld the ruling, saying the delay request was properly denied and that the earlier assault did not negate Streeter’s right to defend himself. The court found Streeter was justified in using deadly force and is immune from civil liability.
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