I just looked at the final decision not to charge the officer who shot Babbitt. The bar for prosecution is very high. “Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so “willfully,” which the Supreme Court has interpreted to mean that the officer acted with a bad purpose to disregard the law.” From what I can tell, the decision in that case was right.
It is very likely that a fair investigation of this case would also result in no charges. I do think it was in violation of policy, but I doubt you could prove that the officer intended to disregard the law. Unfortunately I think the investigation is being botched, and no one is going to believe the result. They should let a normal investigation involve the local police and civil rights division, as usual, and refrain from attacking the victIm. Does Noem think a normal investigation would result in charges? Perhaps it might result in criticism of training or supervision?