discovered that the car keys for the vehicle Mrs. Grimes was to drive were missing and they went in search of an acquaintance who had borrowed them earlier in the day. Having left the hotel's first floor area where their private party was being held, they went up to the Sattellite Bar on the top floor. While on the top floor Mrs. Grimes behaved in too spirited a fashion and Officer James McKelvey of the Sioux Falls Police Department, who was employed in his off-hours as Holiday Inn security guard, approached them and informed them that the hotel had received several complaints about their language and their tone of voice and asked them to leave. He then escorted them down via the elevator to the lobby. On theway down Defendant pushed most of the elevator's buttons, causing it to stop at almost every floor. Once in the lobby Defendant became somewhat abusive, employing crude and vulgar language, and Officer McKelvey had a police car summoned. In response to the call Officer Larry Gulickson arrived and the two attempted to usher Mrs. Grimes out through the lobby's north door. Mr. Grimes reacted to this by lunging at Officer McKelvey from the rear. A struggle resulted and in short order McKelvey and Mr. Grimes had passed through two sets of double doors and landed on the sidewalk along the hotel's north parking field. Officer Gulickson was in the process of coming to the aid of McKelvey when he was twice shot by Mrs. Grimes who had somehow,