Douglas County Attorney says fatal police shooting ‘justified’
22-year-old died after officer shot him eight times; OPD says incident started with traffic stop for expired plates
OMAHA, Neb. (WOWT) - The officer who fired his gun at Steven Phipps Jr. eight times in less than three seconds won’t face charges.
Douglas County Attorney Don Kleine said in a release Monday that the actions of Omaha Police Officer Noah Zendejas during the Sept. 28 traffic stop and subsequent foot pursuit were justified.
“After careful review of the video evidence and statements made, the actions of Mr. Phipps in producing a firearm at a traffic stop, not complying with the officer’s commands and Mr. Phipp’s gun barrel being pointed toward the officer during the incident justified the officer’s decision to use deadly force.”
OPD Chief Todd Schmaderer said during a news conference last week that Phipps, 22, died after he was shot by Officer Zendejas while scaling a fence after he fled from officers during a traffic stop at about 5:45 p.m. Saturday, Sept. 28, just south of 31st Street and Ames Avenue.
Warning: Video and images in this report may be disturbing to some viewers.
Phipps was driving and immediately got out of the vehicle after the officers pulled him over, prompting the officers to order him to “stay in the car.”
The officers are seen on police video making that request more than once: “Hey — stay in the car. Stay in the car. What are you doing? Stay in the car. What are you doing?”
But Phipps ran through a nearby empty lot and climbed over a fence near the Metro Area Transit Center. Surveillance video shows him pulling a handgun from his front as he jumps the fence.
During last week’s news conference, police revealed bodycam, dashcam and security camera video of the incident, showing footage of Zendajas and Officer Alex Atkinson ordering Phipps to return to his Monte Carlo after the vehicle was pulled over for expired plates.
Officer Zendejas yelled “stop” three times before firing eight shots at Phipps in less than three seconds. Officer Atkinson did not fire his weapon.
Video showed Phipps still had the gun in his hand as he jumped the fence and only dropped it after being shot.
“We don’t know what Mr. Phipps’ intent was; but when the gun was pointed at him and he had it in his hand, the officer is authorized to defend himself,” Schmaderer said during the news conference.
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The chief said last week that Phipps was armed with a legally registered weapon; and that the incident would have resulted in the officers simply issuing a ticket had Phipps remained in his vehicle and declared he was carrying a legal firearm.
Schmaderer said OPD’s use-of-force policy authorizes deadly force if there is a threat of serious bodily injury or death to the officer; or to defend the life of another. He said he wasn’t alarmed by the number of shots fired by Zendejas.
“When we train, we train to shoot until they feel the threat is gone. And oftentimes you will have that. It’s not like in the movies; it really isn’t,” Schmaderer said during the news conference. “... I have yet to see (a shooting) that isn’t shocking.”
The incident will still go before a grand jury, per Nebraska state law on in-custody deaths.
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