NEW SALEM – A 43-year-old Dickinson man was killed after he fired upon law enforcement officers near New Salem following a pursuit on Tuesday.

According to the North Dakota Highway Patrol, about 12:45 a.m., a N.D. Highway Patrol trooper attempted a traffic stop on Bismarck Expressway near Washington Street in Bismarck. The vehicle fled the traffic stop and the trooper was in pursuit traveling west on the Bismarck Expressway. A second trooper and Morton County deputies assisted in the pursuit. After the suspect’s tires were deflated from spike strips, the pursuit ended on Interstate 94 near New Salem 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, Nicholas Kirby, of Dickinson. A female passenger in the vehicle was unharmed.

The incident is under investigation by the North Dakota Bureau of Criminal Investigation.

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.