Omaha Police Chief Todd Schmaderer insisted his colleagues followed department policy when an officer shot Steven Phipps, a 22-year-old Black man, eight times during a traffic stop.
Phipps, who was in possession a legally owned a firearm, fled police after being pulled over for expired plates.
He had just finished work at the time and was driving a silver Chevrolet Monte Carlo inside near N 31st Avenue and Taylor Street, Omaha, with his younger brother in the passenger seat on September 28.
Officer Noah Zendejas only fired his weapon when Phipps’ gun was pointed at him, according to Schmaderer. This was after a chase where Phipps ran and scaled a fence.
“We really don’t know what Mr. Phipps’ intent was,” Schmaderer said, adding that the officer had the right to defend himself.
Officer Zendejas, who has been with the department for three years, has no previous record of disciplinary action. He was on duty at the time with Officer Alex Atkinson.
Zendejas has been placed on paid administrative leave while the investigation continues.
Despite the justification provided by police, the Phipps family remains devastated.
Schmaderer said that had Phipps stayed in the car and told officers he had a gun, “he would have been issued a ticket for expired plates.”
But his family said he had tried that in the past and was still arrested for having a concealed weapon.
Following the shooting, incorrect reports were released that said Phipps had been shot in the back. The Omaha Police Department have since updated their press release to reflect that this didn’t happen, and that the autopsy, completed Monday, shows no injuries on the man’s back.
Phipps’ family dispute other parts of the police account, after body camera footage was released.
His aunt, Angela Phipps, said after seeing the police footage, she heard Phipps repeatedly say “don’t shoot me” after he hit the ground while holding his hands and one leg up in a defensive position.
However, police maintain that most of the shots were fired while Phipps was in midair and that he did not drop his weapon until after he landed.
The case has drawn additional attention due to Phipps’ tragic past. His father was killed in California four years ago, leaving his family to process another loss.
“I’m so broken that I don’t know what to say. It was just wrong. It was wrong,” said Gail Phipps, another aunt.
The incident is still under investigation, and Douglas County Attorney Don Kleine will review the case to determine whether charges will be filed.
Nebraska law requires that any police-involved death be reviewed by a grand jury, which will also assess the case.
This is the second fatal shooting of a Black man by Omaha police in the past two months.
Last month, Officer Adam Vail was dismissed after he fatally shot Cameron Ford, an unarmed Black man, during a no-knock warrant.
While Vail was not charged by Kleine, Omaha Police Chief Schmaderer fired him for violating department procedures.
Schmaderer emphasized the importance of following police orders, citing a recent rise in gun-related incidents in the community.
“When somebody runs from a law enforcement officer, they’re trained to go after them,” he said. “The minute I say as chief, ‘We’re no longer going to go after law violators,’ is the minute crime starts going up.”
This article includes reporting from The Associated Press
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