BISMARCK, N.D. (NDHP) – On the morning of Tuesday, September 3, at approximately 12:45 am, a North Dakota Highway Patrol trooper attempted a traffic stop on the Bismarck Expressway near Washington Street. The vehicle fled the traffic stop
and the trooper was in pursuit of the vehicle traveling west on the Bismarck Expressway. A second trooper and
Morton County deputies assisted in the pursuit. After the suspects tires were deflated from spike strips, the
pursuit ended on Interstate 94 near New Salem, North Dakota and the suspect fired upon officers. Two troopers and a Morton County deputy then fired their weapons resulting in the death of the driver of the vehicle, 43-year-old Nicholas Kirby of Dickinson, North Dakota. There was one female occupant who was unharmed.

The incident is under investigation by the North Dakota Bureau of Criminal Investigation (BCI). The troopers
have been placed on administrative leave pending the investigation by BCI and review by the Morton County
State’s Attorney, which is standard practice and department policy following an officer involved shooting.

North Dakota Highway Patrol troopers train extensively for high-risk incidents. We value each individual and
understand that the loss of life is a tragic event.