Former Oklahoma City Police Sergeant Keith Sweeney was convicted of second-degree murder after shooting and killing 29-year-old Dustin Pigeon, an unarmed man who had called 911 while experiencing a suicidal crisis.
The shooting happened around 2:40 a.m. on November 15, 2017, at an apartment complex in southwest Oklahoma City. According to NonDoc, Pigeon had called 911 and said he was going to kill himself. When officers arrived, he was in a grassy area holding lighter fluid and a lighter.
Officers Erik Howell and Troy Nitzky arrived before Sweeney. They spoke with Pigeon, tried to get him to put down the lighter fluid, and used less-lethal force. Nitzky fired a bean-bag round in an attempt to stop Pigeon from hurting himself.
Sweeney arrived after the first two officers were already communicating with Pigeon. The body camera footage shown by Oklahoma County District Attorney David Prater captured Sweeney escalating the encounter with shouted commands. Seconds before firing, Sweeney yelled that he would shoot Pigeon if he did not get on the ground.
The Tenth Circuit later summarized the encounter in a civil appeal, stating that Sweeney did not communicate with Howell or Nitzky when he arrived. When Sweeney threatened to shoot, Pigeon lowered his hands and backed away. Nitzky fired the bean-bag shotgun, and Sweeney fired five handgun shots, killing Pigeon.
Sweeney claimed he believed Pigeon had a knife. Investigators said Pigeon was unarmed. Prosecutors said only the lighter and lighter fluid were found, and that Pigeon did not pose a threat to officers when Sweeney opened fire.
Prater charged Sweeney with second-degree murder, or in the alternative, first-degree manslaughter. At the time the charge was filed, Prater said the investigation concluded that Sweeney’s use of deadly force was not justified.
The case went to trial in 2019. CBS News, citing Associated Press reporting, reported that two officers who were on scene testified that Pigeon posed no threat. Prosecutors argued that Sweeney ignored his training and clear signs that Pigeon was not armed.
On November 4, 2019, an Oklahoma County jury found Sweeney guilty of second-degree murder. Jurors recommended a 10-year prison sentence, the minimum punishment for the offense.
On December 18, 2019, Judge Natalie Mai sentenced Sweeney to 10 years in state prison. KOCO reported that Sweeney apologized in court, while Pigeon’s family said they believed justice had been served.
Sweeney appealed the conviction. In April 2022, the Oklahoma Court of Criminal Appeals upheld the second-degree murder conviction and rejected 25 claims raised by Sweeney, including arguments involving expert testimony, body-camera footage, and other evidence. Associated Press reporting carried by KVII said the conviction and 10-year sentence remained in place.
A related civil lawsuit also followed. In December 2022, the U.S. Court of Appeals for the Tenth Circuit noted that claims against Sweeney had been settled, while summary judgment for Oklahoma City and former Police Chief Bill Citty was affirmed.
The case remains one of the rare examples of an on-duty police officer being convicted of murder for a shooting. Dustin Pigeon called 911 during a crisis. Two officers were trying to keep him alive. Keith Sweeney arrived, escalated the encounter, and fired five shots into an unarmed man who needed help.
