Prosecutor says Omaha officer was justified in fatally shooting fleeing man

A recent incident involving an Omaha police officer and a fleeing man in Nebraska has been deemed justified by the prosecutor, leading to no charges being filed against the officer. Douglas County Attorney Don Kleine announced on Monday that Officer Noah Zendejas was justified in shooting the armed man, Steven Phipps, eight times as he attempted to escape.

The decision came after a briefing where police presented video footage and still images of the events that unfolded on September 28. Phipps was initially stopped for having expired license plates, but he fled the scene, eventually climbing over a chain link fence. In the body camera footage, Phipps was seen holding a gun in his right hand as he fell head-first from the fence.

Kleine explained in a statement that Phipps’ actions, which included producing a firearm during a traffic stop, failing to follow officers’ commands, and pointing the gun towards the officers, justified the use of deadly force by Officer Zendejas. In response to the decision, Phipps’ aunt, Angela Phipps, expressed devastation upon learning of the outcome.

Omaha Police Chief Todd Schmaderer raised questions regarding why Phipps retained possession of the gun during the incident, particularly when falling, and why he did not discard it. He also highlighted Zendejas’ concerns about the proximity of a public transit stop, which influenced his decision-making process. Schmaderer noted that the officers adhered to department policies throughout the incident.

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