Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Prosecutor says Omaha officer was justified in fatally shooting fleeing man

A prosecutor has decided not to file charges against an Omaha police officer who fatally shot an armed Nebraska man eight times while he was fleeing

Josh Funk
Monday 07 October 2024 17:59 EDT

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A prosecutor has decided not to file charges against an Omaha police officer who fatally shot an armed Nebraska man eight times while he was fleeing.

Douglas County Attorney Don Kleine said Monday that Officer Noah Zendejas’ “actions were justified in the shooting of Steven Phipps.”

Police showed video and still photos of what happened last week during a briefing. After Phipps was pulled over for having expired plates on Sept. 28, he ran away and scaled a chain link fence. As he fell head-first from the fence, body camera video showed Phipps holding a gun in his right hand.

“The actions of Mr. Phipps in producing a firearm at a traffic stop, not complying with officers’ commands, and Mr. Phipps’ gun barrel being pointed towards the officers during the incident justified the officers decision to use deadly force,” Kleine said in his two-paragraph statement.

Steven Phipps’ aunt, Angela Phipps, said in a text message “That is absolutely devastating” when she learned about Kleine’s decision.

Omaha Police Chief Todd Schmaderer acknowledged last week that it was “entirely possible” that Phipps’ gun was accidentally pointed at officers because he was falling. But he questioned why Phipps still had possession of the gun and had not thrown it to the side.

Schmaderer said Zendejas also told investigators he was concerned about the risk to a public transit stop nearby. Schmaderer said the officers followed department policy

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in