Rapid City, South Dakota – A Custer man received the maximum sentence of ten years in the South Dakota State Penitentiary for attempting to take a weapon from a South Dakota Highway Patrol Trooper during a struggle in March.
John Kocer, 55, was sentenced by Seventh Circuit Court Presiding Judge Robert Gusinsky on Thursday after pleading guilty in July to Attempted Disarming of a Law Enforcement Officer, a Class 4 felony, according to an announcement from the Pennington County State’s Attorney’s Office.
The conviction stems from an incident that began as a routine traffic stop for speeding and equipment violations. Kocer, who was on felony probation at the time, fled on foot after the Trooper informed him of the citations.
When Kocer ignored commands, the Trooper attempted to deploy a Taser, which was ineffective. During the subsequent physical struggle, Kocer gained a dominant position, wrapped his arms around the Trooper’s waist, and struck him. While the officer was on his back, Kocer reached for the Trooper’s duty belt and unlatched the holster retention, coming close to accessing the firearm before backup arrived, according to the State’s Attorney’s Office.
Judge Gusinsky imposed the maximum ten-year sentence, noting Kocer’s lengthy felony history and the seriousness of the conduct.
“What could have happened if his partners didn’t show up to assist him?” Judge Gusinsky asked during sentencing, noting Kocer had “plenty of opportunities” to change course.
Senior Deputy State’s Attorney Olivia Siglin, who prosecuted the case, emphasized the danger posed by the defendant’s actions.
“When someone tries to take an officer’s weapon, it puts not only that officer but the entire community at risk,” Siglin said. “Mr. Kocer’s actions escalated a routine traffic stop into a life-threatening situation, and his history, including the fact that he was on probation at the time of the offense, shows he has not taken opportunities to change.”
The charge, Disarm/Attempt to Disarm a Law Enforcement Officer, was enacted by the South Dakota Legislature in July 2024 to address the heightened danger when offenders attempt to seize officers’ weapons.