CUSTER, S.D. – A 55-year-old man from Custer has been sentenced to ten years in the state penitentiary for Attempted Disarming of a Law Enforcement Officer, a Class 4 felony.
John Kocer pleaded guilty in July and was sentenced by Judge Robert Gusinsky Thursday.
The conviction stems from a March 2025 incident that began as a traffic stop for speeding and equipment violations while Kocer was on felony probation. After the South Dakota Highway Patrol Trooper informed Kocer of the citations, Kocer fled on foot. Commands were ignored, and a taser deployment was ineffective.
During the ensuing 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 dangerously close to accessing the firearm before backup arrived.
In imposing the maximum sentence, Judge Gusinsky emphasized the seriousness of the conduct and noted Kocer’s lengthy felony history, observing that Kocer had “plenty of opportunities” to change course and asked, “What could have happened if his partners didn’t show up to assist him?”
“When someone tries to take an officer’s weapon, it puts not only that officer but the entire community at risk,” said Senior Deputy State’s Attorney Olivia Siglin. “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.