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UPDATED Dickinson man involved in a shootout with law enforcement identified

A 43 year old Dickinson man was killed in an “officer involved shooting” early Tuesday.

He’s identified as Nicholas Kirby.

The North Dakota Highway Patrol said Kirby showed erratic driving, as he left a parking lot on Bismarck Expressway and 12th Avenue. Patrol Chief of Operations Tom Iverson told reporters Kirby disregarded the lights of the Highway Patrol, and headed west in the Expressway. Iverson said he got off at the Mandan McKenzie Drive exit – but got back soon after that, and headed toward I-94. He said a Morton County Deputy was able to slow the vehicle down with spike strips near New Salem.

"At approximately 1:14 am, the driver exited his vehicle with a handgun, and fired numerous rounds at the officers, striking on patrol vehicle," Iverson said. "The two troopers and deputy returned fire from their weapons, striking the suspect."

Iverson said the officers immediately rendered aid, when it was safe to do so.

"New Salem ambulance responded to the scene, and transported the suspect to Sanford Hospital, where he was pronounced deceased," Iverson said.

Iverson said a handgun was recovered at the scene. He said a woman traveling with Kirby was unhurt, and is cooperating with the investigation.

The patrol officers and sheriff’s deputies have been placed on administrative leave, while the North Dakota Bureau of Criminal Investigation looks into the incident – routine procedure in cases like this.

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